EDE
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGFLES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 HENNING'S 
 
 GENERAL LAWS 
 
 OF 
 
 CALIFORNIA 
 
 AS AMENDED AND IN FORCE AT THE CLOSE OF THE 
 FORTY-THIRD SESSION OF THE LEGISLATURE, 
 1919, INCLUDING INITIATIVE AND REFEREN- 
 DUM ACTS ADOPTED AT THE GENERAL 
 ELECTION OF 1920. 
 
 THIRD EDITION 
 
 IN TWO VOLUMES 
 
 EDITED AND ANNOTATED 
 
 BV 
 
 W. H, HYATT 
 
 VOLUME ONE 
 
 SAN FRANCISCO 
 BENDER- MOSS COMPANY 
 
 LAW-BOOK PUBLISHERS 
 1921
 
 s 
 
 c %i 
 
 Copyright 1921 
 By Bender-Moss Company 
 
 WILLIAMS PRINTING COMP'IT 
 
 INDEPENDENT PKESSROOM
 
 FOREWORD 
 
 The object of the following work is to present all of the general laws of the 
 state of California, which are now in force, in a single volume, and in as complete 
 a form as possible. With the purpose of rendering the compilation as convenient 
 as practicable in use, the cyclopedic or alphabetical arrangement has been adopted, 
 and no pains have been spared to make the whole as complete as possible, alike in 
 statutes, their histories, and references to the cases decided in which a statute is 
 involved. For the convenience of those who may desire to trace any particular 
 statute from its inception to its present form, in each case the volume and page 
 of the session laws where the original enactment appears is given, as well as the 
 volume and the page of each and every amendment or revision thereof. 
 
 The general laws are found in thirty-six volumes of session laws, with many 
 conflicting provisions; which volumes contain also an innumerable mass of con- 
 flicting special legislation. With special legislation, nothing has been attempted ; 
 it is only the general laws in force that have been collated. Many general laws 
 have been codified and carried into the appropriate codes, and where this has 
 been done the fact is noted and reference made to the appropriate section of the 
 particular code into which the statute, or part of the statute, has been carried. 
 
 In the various conflicting enactments, amendments, revisions, and repeals, it 
 is sometimes a difficult matter to decide just what acts, or parts of acts, are still 
 in force, and it will require a decision of the supreme court to finally settle the 
 question. We do not claim to be able to judicially determine whether certain 
 laws are "in force." It is possible that the courts may in some decisions declare 
 that there is some vitality existing in a statute that has been omitted from this 
 volume as "superseded" or repealed; but our effort has been to err, if at all, by 
 inserting statutes where there is doubt as to their vitality, rather than by omitting 
 them. 
 
 There are many subjects of legislation having a history, and we have endeavored 
 to give such history by reference, in the notes, to past legislation on such subjects. 
 On the subject of Corporations, the notes embrace upwards of seventy statutes 
 enacted from 1850 to the adoption of the codes. The subjects of Roads and High- 
 ways and Municipal Government are exhaustively annotated, and all other sub- 
 jects are treated with thoroughness; so that it is believed the busy lawyer, the 
 student, the professor, and the judge, — in fact, every one having occasion to con- 
 sult the laws of this state, — will here find ready the laws as they are today, with 
 references to the decisions construing them, and to the history of the legislation 
 on the subjects they would inquire into. 
 
 A table of statutes, from 1872 to 1905, which have been held unconstitutional, 
 or otherwise void, or repealed, in decisions of the supreme court of this state, 
 together with references to the decisions, from volume 45 to volume 145, inclu- 
 sive, of the California Reports, is given for convenience of ready reference. 
 
 Pacific Reporter citations, as well as duplicate references to the American 
 Decisions, American Reports, American State Reports, and the Lawyers' Reports 
 Annotated, are given. 
 
 Numerous references are made to the notes or annotations in the Trinity Series 
 
 (ia)
 
 FOREWORD. 
 
 and the Lawyers' Reports Annotated, wherein will be found valuable discussions 
 on the points to which the references are made. No pains have been spared to 
 make the work as complete and serviceable to the bench and bar as it is practicable 
 to make it. In the matter of annotation it has not been sought to abstract the 
 point decided or to give the reasoning of the court in arriving at its conclusion ; 
 the author has been contented with merely referring to the case and the page 
 where the discussion will be found. The occasional departing from this rule is 
 confined to a few instances only, in which the decision referred to is likely not to 
 be found upon the shelves of the library of many lawyers. 
 
 The publication of this series, presenting the codes and statute laws of Cali- 
 fornia as they are to-day, is not a spasmodic effort on the part of the publishers. 
 A staff" of trained writers and annotators has for some time been engaged in this 
 work, and will be retained; so that not only the laws of California, as now 
 presented, will be kept up to date in a convenient and inexpensive form in the 
 future, but other valuable publications of various subjects in the different depart- 
 ments of the law will be put forth from time to time, in keeping with the public 
 demand therefor. jy^ p^ Henninq. 
 
 August 11, 1905. 
 
 (It)
 
 PREFACE TO SECOND EDITION 
 
 In the second edition, the general arrangement of the matter in the first 
 edition has been preserved. For the sake of facilitating reference to the acts, 
 however, the subject matter has been divided into chapters and the acts themselves 
 have been numbered. For the information of the profession, many acts that 
 liave been repealed or codified and many special acts have been given by title. 
 In 1907 the Code Commission, under the authority given them by the legisla- 
 ture, published a list of "statutes in force" from 1850 to 1907. This very valu- 
 able report has been made very largely the basis of the acts referred to. The 
 Code Commissioners' notes on these acts have also been given. It has been the 
 object to make the work as complete a history of the statutes as is possible under 
 the circumstances. The general laws in force have been given in full. The other 
 acts have been given by title only. j^^^^ jj_ Deerinq.
 
 PREFACE TO THIRD EDITION 
 
 In the present edition of Henning's General Laws the general arrangement of 
 the matter in the first and second editions is preserved. The only changes made 
 are such as seemed to facilitate the practical use of the book. Certain acts have 
 been transferred from one chapter to another where such change was believed to 
 be in the interest of a more practical arrangement. All general laws in force are 
 collected and published in full. All local and special acts in force are collected 
 and published either in full or by title. All laws whether general or special that 
 have been repealed or superseded are omitted. Such laws are referred to in the 
 history of the repealing or superseding acts. A large number of acts that have 
 been declared unconstitutional, or found to be obsolete by reason of the accom- 
 plishment of their purpose, have been omitted; but wherever the grounds of 
 the unconstitutionality were of such general interest as to make the cases appli- 
 cable to all other legislation, the acts Avere retained by title for the purpose of the 
 annotations. No local or special act which carries rights still existing, has been 
 omitted, although the act may have become obsolete for one reason or another. 
 Local acts have been retained, wherever there was the slightest doubt upon the 
 subject, although, in the editor's judgment, they have been repealed or super- 
 seded; but in all such cases an editor's explanatory note will be found. 
 
 The annotations have been restricted to questions of constitutionality, con- 
 struction and application, and to the administrative questions which have arisen 
 under the particular act. No attempt has been made to annotate the decisions 
 which present mere principles of substantive law, not arising from the provisions 
 of the act itself. For example, the annotations under the banking act do not 
 include the decisions applicable to the subject of banking in general. The anno- 
 tations under the motor vehicle act relating purely to questions of negligence, 
 unless affected by provisions of the act itself, have been omitted. Otherwise, it 
 has been the purpose to make the annotations as complete and as serviceable as 
 possible. The editor has sought to bring the annotations down to the date of 
 publication and believes that he has done so as far as the difficulties of the task 
 would permit him. -^^ ^ Hyatt. 
 
 San Francisco, Cal., 
 Februar7 17, 1921. 
 
 r^>
 
 TABLE OF CONTENTS 
 
 INTRODUCTORY MATTERS 
 
 Constitution of the United States, p. zxi. Constitution of California, p. zzzlL 
 
 GENERAL LAWS OF CALIFORNIA 
 
 Chapter 1 — Acconntancy, p. 1. 
 
 state board of accountancy. Act 9, p. 1. 
 
 Chapter 2 — Acknoirledgineiits, p. 3. 
 
 legalizing' certain acknowledgments. 
 Act 12. p. 3. 
 
 Chapter 3 — Adulteration, p. 4. 
 
 food and drug adulteration, Act 25, p. 4. 
 
 food and liquor act, Act 26, p. 6. 
 
 drug act. Act 27, p. 12. 
 
 paints, oils, varnishes and pigments. 
 Act 29, p. 17. 
 
 dairy products. Act 36, p. 18. 
 
 honey. Act 38, p. 20. 
 
 syrup, Act 39, p. 21. 
 
 analysis, for adulteration. Act 41, p. 21. 
 
 insecticide and fungicide act. Act 45, p. 23. 
 Chapter 4 — Advertiaeinents, p. 28. 
 
 lawful and unlawful signs, etc.. Act 60, 
 p. 28. 
 
 venereal disease remedies. Act 61, p. 29. 
 
 fraudulent. Act 62, p. 29. 
 Chapter 5 — Agrlcnlture, p. 30. 
 
 I. agricultural buildings and park, p. 31. 
 state fair buildings. Act 65, p. 31. 
 woman's building. Act 66, p. 33. 
 machinery hall. Act 67, p. 34. 
 
 dairy buildings. Act 68, p. 34. 
 raemorial buildings, Act 69, p. 34. 
 extension of fair grounds. Act 70, p. 84. 
 improvement of park by day's work. 
 
 Act 70a, p. 35. 
 improvement of park. Act 70b, p. 35. 
 relief of directors of society. Act 70c 
 
 p. 35. 
 
 II. state agricultural society, p. 36. 
 incorporation of society, Act 71, p. 36. 
 management and control of society. 
 
 Act 72, p. 36. 
 
 III. county and district agricultural so- 
 cieties and associations, p. 39. 
 
 incorporation of county and district so- 
 cieties, Act 73, p. 39. 
 sale of society lands, Act 74, p. 39. 
 
 IV. agricultural districts, p. 42. 
 district act of 1909, Act 74a, p. 42. 
 land leasing act. Act 74b, p. 45. 
 
 V. miscellaneous, department of agricul- 
 
 ture, p. 46. 
 improvement of cereal crops, Act 75, 
 
 p. 46. 
 propagation of Johnson grass. Act 77, 
 
 p. 46. 
 investigation of plant diseases. Act 78, 
 
 p. 47. 
 
 i 
 
 Chapter 5 — Agrricultnre — (Continued), 
 agricultural expert. Act 93, p. 48. 
 delegates on rural credits and agricultural 
 
 finance commission, Act 94, p. 48. 
 agricultural extension work, Act 95, p. 49. 
 department of agriculture. Act 96, p. 49. 
 Chapter 6 — Alameda City, p. 53. 
 
 freeholders' charter of the city of Ala- 
 meda, Act 104, p. 53. 
 street extension and widening, Act 106, 
 
 p. 53. 
 extension of streets. Act 107, p. 53. 
 school building fund. Act 108, p. 54. 
 salt marsh and tide land, Act 109, p. 64. 
 Chapter 7 — Alameda County, p. 56. 
 
 increase of number of superior judgres. 
 
 Act 124, p. 56. 
 receiving hospital, Act 130, p. 56. 
 bridge across San Antonio estuary. Act 
 131, p. 56. 
 Chapter 8 — Albany, p. 56. 
 
 tide land grant. Act 146, p. 56. 
 Chapter 9 — Alhamb'ra, p. 57. 
 
 freeholders' charter. Act 147, p. 57. 
 Chapter 10 — Aliens, p. 57. 
 
 licenses to aliens. Act 150, p. 57. 
 indexing of persons who have declared 
 
 intention, Act 151, p. 58. 
 escheated estates. Act 152, p. 58. 
 fishing by aliens. Act 153, p. 58. 
 employment of native born and natural- 
 ized citizens in public offices. Act 156. 
 p. 58. 
 alien land law, Act 156, p. 59. 
 Chapter 11 — Amador City, p. 63. 
 hogs and goats, Act 176, p. 63. 
 Chapter 12 — Amador County, p. 63. 
 
 portion of El Dorado county added to. 
 
 Act 185, p. 63. 
 Indebtedness prior to organization. Act 
 
 186, p. 63. 
 Amador and Nevada wagon road. Act 187, 
 
 p. 64. 
 trespassing of goats, Act 188, p. 64. 
 hogs and goats, Act 189, p. 64. 
 Chapter 13 — American Water and Mlafny 
 Company, p. 64. 
 extension of works. Act 195, p. 64. 
 Chapter 14 — Animain, p. 64. 
 
 destruction of squirrels and gophers. Act 
 
 249, p. 65. 
 abatement of squirrel nuisance. Act 260, 
 
 p. 65. 
 destruction of predatory animals. Act 
 251. p. 65. 
 ▼M )
 
 TABLE OF CONTENTS. 
 
 Chapter 14a — Apiaries, p. 66. 
 
 apiary inspection act, Act 282, p. 66, 
 Chapter 15 — Appropriations, p. 68. 
 
 general appropriations, 1919, Act • 300, 
 p. 68. 
 Chapter 16 — Arbitration, p. 84. 
 
 state board of arbitration, Act 306, p. 84. 
 Chapter 17 — Areata, p. 86. 
 
 tide land grant. Act 313, p. 86. 
 Chapter 18 — Arcliitecture, p. 88. 
 
 practice of architecture. Act 317, p. 88. 
 Chapter 19 — Arms, p. 92. 
 
 authorizing the governor to issue arms 
 and accoutrements to colleges and 
 academies, Act 323, p. 92. 
 Chapter 20 — Asexnalization, p. 93. 
 
 asexualization in state institutions, Act 
 346, p. 93. 
 Chapter 2i — Auburn, p. 94. 
 
 removal of cemetery. Act 381, p. 94. 
 Chapter 22 — Auditors, p. 94. 
 
 report of commitments. Act 385, p. 94. 
 Chapter 23 — Baltersfield, p. 95. 
 
 freeholders' charter. Act 387, p. 95. 
 Chapter 24 — Banltruptcy and Insolvency, 
 p. 95. 
 insolvent act of 1895, Act 392, p. 95. 
 Chapter 25 — Banlcs and Bankingr. P- 141. 
 involuntary dissolution of savings banks, 
 
 Act 406, p. 141. 
 the "bank act," Act 409, p. 143. 
 involuntary liquidation of banks. Act 410, 
 p, 231. 
 Chapter 26 — Bathing Resorts, p. 232. 
 
 bathing resorts on rivers and streams, 
 
 Act 433, p. 232. 
 bathing resorts on seacoast and lakes, 
 
 Act 434, p. 233. ^ 
 general sanitation act. Act 435, p. 233. 
 Chapter 26a — Benefit Societies, p. 235. 
 fraternal insurance act. Act 440, p. 235. 
 unincorporated societies may hold real 
 
 estate, Act 441, p. 248. 
 fraternal fire insurance, Act 442, p. 249. 
 family protection, Act 443, p. 250. 
 change to regular life plan. Act 444, p. 252. 
 consolidation, merger, reinsurance, Act 
 445, p. 254. 
 Chapter 27 — Benieia, p. 255. 
 
 cession of waterfront. Act 450, p. 255. 
 Chapter 28 — Berkeley, p. 255. 
 
 freeholders' charter, Act 456, p. 255. 
 creating justice court. Act 457, p. 256. 
 grant of salt marsh and tide lands, Act 
 458, p. 256. 
 Chapter 29 — Bird and Arbor Day, p. 258. 
 conservation, bird and arbor day act, Act 
 471, p. 258. 
 Chapter 29a — Blind, p. 258. 
 
 county relief fund, Act 472, p. 258. 
 Chapter 29b — Blue Book, p. 260. 
 
 compilation, publishing and distribution. 
 Act 473, p. 260. 
 Chapter 30 — B'nai B'rith, p. 261. 
 
 permission to incorporate. Act 477, p. 261. 
 Chapter 31 — Bonds, p. 262. 
 I. bonds, surety, p. 262. 
 cost of trust bonds, Act 485, p. 262. 
 cost of official bonds. Act 487, p. 263. 
 deposit of funds held by bonded fidu- 
 ciaries, Act 488, p. 263. 
 
 (V 
 
 Chapter 31 — Bonds — (Continued). 
 II. bonds, money securities, p. 263. 
 state bonds. Act 493, p. 264. 
 state funded debt. Act 494, p. 264. 
 loan commissioners state funded debt. 
 
 Act 495, p. 265. 
 county bonds, Act 501, p. 265. 
 registration of bonds. Act 514, p. 266. 
 state fiscal agency. Act 515, p. 267. 
 state building bonds, Sacramento, Act 
 
 516, p. 269. 
 farm loan bonds, legal as investments. 
 
 Act 518, p. 272. 
 commissions on sale of state bonds, Act 
 519, p. 273. 
 Chapter 32 — Boundaries of State, p. 274. 
 eastern boundary defined and established, 
 Act 531, p. 274. 
 Chapter 33 — Bridges, p. 275. 
 drawbridges. Act 551, p. 275, 
 bridges across navigable streams, Act 552, 
 
 p. 275. 
 bridge franchises across navigable 
 
 streams. Act 553, p. 276. 
 bridges between counties, Act 554, p. 277. 
 bridge at Needles, Act 555, p. 278. 
 joint bridges. Act 556, p. 278. 
 Chapter 34 — Building and Loan Associations, 
 p. 279. 
 "building and loan commission" act. Act 
 568, p. 279. 
 Chapter 35 — Buildings, p. 290. 
 
 building zone act. Act 570, p. 290. 
 building lines. Act 571, p. 292. 
 Chapter 35a — Buoys and Beacons, p. 292. 
 protection of buoys and beacons. Act 678.^ 
 p. 292. 
 Chapter 36 — Burlingame, p. 293. 
 
 tide lar.d grant, act 578, p. 293. 
 Chapter 37 — Burnt or Destroyed Records or 
 Documents, p. 295. 
 "burnt record act," Act 580, p. 295. 
 new trial act. Act 581, p. 297. 
 reproduction of registers of state boards. 
 
 Act 583, p. 299. 
 restoration of assessment roll. Act 584, 
 
 p. 299. 
 duplicate municipal securities. Act 585, 
 
 p. 300. 
 duplicate public certificates. Act 586, p. 
 
 301. 
 copying public documents. Act 587, p. 301. 
 Chapter 38 — Butte County, p. 302. 
 "no fence law," Act 593, p. 302. 
 lawful fence. Act 596, p. 302. 
 hunting in private grounds. Act 597, 
 
 p. 302. 
 transcribing records. Act 602, p. 303. 
 certified copies of records, Act 603, p. 303. 
 charter of Butte county. Act 613, p. 303. 
 Chapter 39 — Butter, p. 303. 
 
 marking packages. Act 617, p. 303. 
 renovated butter, Act 618, p. 303. 
 short weight butter. Act 620, p. 305. 
 imitation butter and cheese. Act 621, i>. 
 
 305. 
 imported butter. Act 624, p. 309. 
 CJhapter 40 — Calaveras County, p. 310. 
 "no fence law." Act 630. p. 310. 
 redemption of bonded indebtedness. Act 
 631, p. 310. 
 Hi )
 
 table: of contexts. 
 
 Chapter 41 — California Indnstrial Farm, p. 
 
 310. 
 "California industrial farm," Act 640, 
 p. 310. 
 
 Chapter 42 — California and Oregon Railroad 
 Company, p. 315. 
 giving- effect to act of congress, Act 648, 
 p. 315. 
 Chapter 43 — California Pacific Railroad 
 Company, p. 315. 
 grant of rights and privileges, Act 653, 
 p. 315. 
 Chapter 44 — California Pioneers, p. 315. 
 memorial monument at Donner Lake, Act 
 658, p. 315. 
 
 Chapter 45 — California Redwood Park, p. 
 
 316. 
 management, commission. Act 670, p. 316. 
 enlargement of park, Act 672, p. 317. 
 Chapter 46 — California School for Girls, 
 p. 317. 
 state training school for girls. Act 676, 
 p. 318. 
 Chapter 47 — California State Reformatory, 
 p. 321. 
 "California state reformatory" act, Act 
 
 681, p. 321. 
 arrest of escaping inmates. Act 682, p. 325. 
 control and management of Napa land, 
 Act 683, p. 326. 
 Chapter 48 — California Statutes, Index to, 
 p. 326. 
 compilation, publication and distribution, 
 Act 692, p. 326. 
 Chapter 49 — California Volunteer.s, p. 327. 
 
 revision of records of. Act 696, p. 327. 
 Chapter 50 — Canals, p. 327. 
 
 Sacramento irrigation and navigation 
 canal company, Act 702, p. 327. 
 Chapter 51 — Capitol, p. 328. 
 
 salary and duties of janitor. Act 709, 
 
 p. 328. 
 drinking fountains. Act 710, p. 328. 
 state capitol bonds. Act 712, p. 328. 
 permanent employees, Act 713, p. 328. 
 repair of capitol building, Act 714, p. 328. 
 decoration of rotunda, Act 715, p. 329. 
 state capitol planning commission. Act 
 716, p. 329. 
 Chapter 52 — Carquinez Straits, p. 330. 
 
 disposition of certain property, Act 717, 
 p. 330. 
 Chapter 53 — Cemeteries, p. 330. 
 
 protection of bodies of deceased persons, 
 
 Act 720, p. 330. 
 disinterment. Act 721, p. 330. 
 removal from cemeteries in cities, Act 
 
 722, p. 332. 
 public cemetery districts. Act 724, p. 332. 
 execution of deeds by cemetery corpora- 
 tions, Act 725, p. 333. 
 rural cemetery associations. Act 726, p. 
 
 334. 
 rural cemetery associations. Act 727, p. 
 338. 
 Chapter 54 — Central Pacific Railroad Com- 
 pany, p. 339. 
 relocation of route. Act 790, p. 339. 
 state and bond act. Act 791, p. 339. 
 franchise grant, Act 792, p. 339. 
 incorporation validation. Act 793, p. 339. 
 
 ( ix 
 
 Chapter 55 — Charities and Corrections, p. 
 
 340. 
 creation of state board, Act 803, p. 340. 
 homes for dependent children. Act 804, 
 
 p. 342. 
 records of county hospitals and alma- 
 houses. Act 805, p. 343. 
 maternity hospitals, Act 805a, p. 344. 
 registration and publicity of charities. 
 Act 806, p. 344. 
 Chapter 56 — Cheese, p. 345. 
 
 grades of cheese. Act 815, p. 345. 
 Chapter 57 — Chinese, p. 347. 
 immigration, Act 825, p. 347. 
 competition of Chinese labor. Act 826, 
 
 p. 347. 
 exclusion, registration, Act 827, p. 347. 
 Chinese criminals, coolie slavery, Act 828, 
 
 p. 347. 
 kidnaping and importation of females. 
 
 Act 829, p. 347. 
 suppression of Chinese houses of ill-fame. 
 
 Act 830, p. 348. 
 removal outside cities and towns. Act 831, 
 p. 348. 
 Chapter 58 — City Attorney, p. 348. 
 
 assistants in cities and cities and counties 
 of 100,000 and over. Act 836, p. 348. 
 Chapter 59 — Civil Service Commission, p. 
 349. 
 general system of civil service and crea- 
 tion of commission, Act 846, p. 349. 
 Chapter 60 — Coast Survey, p. 361. 
 
 enter lands and protect operations. Act 
 860, p. 362. 
 Chapter 61 — Code Commission, p. 362. 
 
 creation of commission. Act 865, p. 362. 
 Chapter 62 — Cold Storage, p. 362. 
 cold storage act. Act 870, p. 362. 
 butter and eggs, Act 871, p. 365. 
 fraudulent sale of butter and eggs. Act 
 872, p. 366. 
 Chapter 63 — Colleges, p. 366. 
 
 incorporation of. Act 878, p. 366. 
 endowment of agricultural colleges. Act 
 880. p. 367. 
 Chapter 64 — Colton Hall, p. 367. 
 
 Colton Hall trustees. Act 890, p. 367. 
 Chapter 65 — Colusa County, p. 367. 
 "no fence law," Act 895, p. 367. 
 irrigation and navigation canal. Act 896, 
 
 . p. 368. 
 Colusa and Yolo drainage district. Act 
 
 899, p. 368. 
 partition fences. Act 900, p. 368. 
 quiet title. Act 910, p. 368. 
 Chapter 66 — Colusa, Town of, p. 368. 
 
 issue of road bonds authorized, Act 916, 
 p. 368. 
 Chapter 67 — Conservation, p. 369. 
 
 state conservation commission. Act 940, 
 
 p. 369. 
 "conservancy act of California," Act 941, 
 p. 371. 
 Chapter 68 — Conspiracy, p. 410. 
 
 union labor injunctions. Act 946, p. 410. 
 crime against president and other officials, 
 Act 947, p. 410. 
 Chapter 69 — Constitution, p. 411. 
 
 dissemination of knowledge concerning 
 proposed constitutional amendments. 
 Act 960, p. 411, 
 )
 
 TABLE OF CONTENTS. 
 
 Chapter 70 — Contra Costa County, p. 412. 
 lawful fence law, Act 967, p. 412. 
 quiet title to marsh and tide lands, Act 
 
 977, p. 412. 
 additional judge of superior court, Act 
 
 981, p. 412. 
 Chapter 71 — Convicts, p. 412. 
 
 photographs and marks of identification, 
 
 Act 995, p. 412. 
 expenses and costs of trial of convicts. 
 
 Act 996, p. 413. 
 indemnity for erroneous conviction. Act 
 
 997, p. 413. 
 Chapter 72 — Coroner, p. 415. 
 
 assistant coroners in cities of 100,000, or 
 
 more inhabitants, Act 1008, p. 415, 
 autopsy physician in counties of first 
 
 class, Act 1009, p. 416. 
 official reporter in cities of 100,000, or 
 
 more inhabitants. Act 1010, p. 416. 
 Chapter 73 — Corporations, p. 417. 
 
 corporation license tax act. Act 1021, p. 
 
 418. 
 repayment of corporation license tax 
 
 erroneously collected, Act 1021a, p. 
 
 423. 
 corporations to lend money on chattels. 
 
 Act 1022, p. 424. 
 issue of shares without nominal or par 
 
 value. Act 1033a, p. 424. 
 issue of shares of stock without nominal 
 
 or par value by public utility corpo- 
 rations. Act 1033b, p. 425. 
 corporations as executor and trustee. Act 
 
 1034, p. 427. 
 for the protection of stockholders, etc.. 
 
 Act 1035, p. 432. 
 payment of employees of corporations. 
 
 Act 1036, p. 433. 
 payment of wages of employees of cor- 
 porations, Act 1037, p. 433. 
 foreign corporations act. Act 1041, p. 434. 
 "industrial loan companies," Act 1042, p. 
 
 442. 
 Chapter 74 — Costs, p. 445. 
 service of summons and subpoenas in civil 
 
 actions, Act 1051, p. 445. 
 Chapter 75 — Counties, p. 446. 
 
 claims of counties against the state. Act 
 
 1071, p. 446. 
 formation, organization and classification 
 
 of new counties. Act 1075, p. 446. 
 misappropriated school money. Act 1019, 
 
 p. 458. 
 reports of financial transactions. Act 1077, 
 
 p. 459. 
 Chapter 76 — County Boundaries, p. 460. 
 Butte and Plumas, Act 1085, p. 460. 
 Butte and Yuba, Act 1086, p. 462. 
 Plumas and Lassen, Act 1087, p. 463. 
 Glenn and Colusa, Act 1088. p. 466. 
 commission to define boundaries between 
 
 Humboldt, Mendocino, Trinity and 
 
 Klamath counties, Act 1091, p. 467. 
 Shasta and Plumas, Act 1092, p. 469. 
 Mariposa and Fresno, Act 1093, p. 469. 
 Siskiyou and Lassen, Act 1094, p. 470. 
 northern boundary of Napf % Act 109B, 
 
 p. 470. 
 San Luis Obispo and Kern, Act 1096, p. 
 
 471. 
 Fresno and Tulare, Act 1097, p. 472. 
 
 Chapter 76 — County Boundaries — ''Cont'd). 
 Lake and Yolo, Act 1098, p. 472. 
 Shasta and Lassen, Act 1099, p. 473. 
 Humboldt and Del Norte and Siskiyou, 
 
 Act 1100, p. 473. 
 election to change boundary between 
 
 Fresno and Kings, Act 1101, p. 474. 
 Fresno and Kings, Act 1102, p. 477. 
 Lake and Glenij, Mendocino, and Colusa 
 
 counties, Act 1103, p. 479. 
 Mendocino and Glenn, Act 1104, p. 480. 
 Butte and Glenn, Act 1105, p. 481. 
 betw^een Mendocino and Sonoma, Act 1106, 
 
 p. 481. 
 Kern and San Bernardino, Act 1107, p. 
 
 482. 
 Lake and Mendocino, Act 1108, p. 483. 
 Riverside and San Bernardino, Act 1109, 
 
 p. 486. 
 Chapter 77 — County Clerk, p. 487. 
 
 deputies, etc., in counties of over 120,000, 
 
 Act 1111, p. 487. 
 additional help in office. Act 1113. p. 487. 
 Chapter 78 — County Engineer, p. 488. 
 
 "the county engineer act," Act 1115, p. 
 
 488. 
 Chapter 79 — Courts, p. 492. 
 
 transfer of records. Act 1128, p. 492. 
 appointment of secretary, Act 1129, p. 492. 
 superior court jurisdiction. Act 1130, p. 
 
 492. 
 Chapter 80 — Crescent City, p. 493. 
 
 location of townsite. Act 1146, p. 493. 
 tide land grant. Act 1147, p. 493. 
 Chapter 81 — Criminal Identification, p. 493. 
 bureau of criminal identification, Act 1155, 
 
 p. 493. 
 Chapter 82 — Cruelty to Animals, p. 496. 
 use of bristle bur, etc., prohibited. Act 
 
 1162, p. 496. 
 Chapter 83 — Dairies, p. 497. 
 
 dairy sanitation and inspection act of 
 
 1905, Act 1166, p. 497. 
 dairy sanitation and Inspection act of 
 
 1911, Act 1167, p. 501. 
 standard for condensed and evaporated 
 
 milk. Act 1168, p. 521. 
 use of chemicals to prevent fermentation. 
 
 Act 1168a, p. 521. 
 certified milk. Act 1169, p. 523. 
 dairy inspection act of 1917, Act 1171, 
 
 p. 524. 
 Imitation milk. Act 1172, p. 529. 
 Chapter 84 — Deadly ^Veapon8, p. 531. 
 
 registration of purchasers. Act 1181, p. 
 
 532. 
 concealed weapons, Act 1182, p. 532. 
 Chapter 85 — Deaf, Dumb, and Blind .\i!ylum, 
 
 p. 536. 
 bequests and donations of money and 
 
 property. Act 1185, p. 536. 
 w^ater supply. Act 1186, p. 536. 
 removal of fence to permit the use of the 
 
 public highway. Act 1187, p. 536. 
 manual and industrial arts building. Act 
 
 1188. p. 536. 
 separatioiv of deaf and blind departments. 
 
 Act 1189, p. 536. 
 readers for blind students, attendance of 
 
 students at national college for deaf, 
 
 Act 1190, p. 537. 
 removal of fence, etc.. Act 1191, p. 537. 
 )
 
 TABLE OF CONTENTS. 
 
 Chapter 86 — Deeds, p. 538. 
 
 conveyances by persons with changed 
 names, Act 120G, p. 538. 
 Chapter 87 — Del Norte County, p. 539. 
 
 fence and pound districts. Act 1211, p. 539. 
 Chapter 88 — Dentistry, p. 539. 
 
 dental practice act of 1915, Act 1226, p. 
 
 539. 
 state dental surgeon, Act 1227, p. 549. 
 Chapter 89 — Detectives, p. 550. 
 
 private detectives and detective agencies. 
 Act 1235, p. 550. 
 Chapter 90 — District Court ot Appeals, p. 
 652. 
 accommodations for court and library of 
 second appellate district, Act 1252, 
 p. 552. 
 Chapter 91 — Dorris Bridge, p. 553. 
 
 change of name to Alturas, Act 1275, 
 p. 553. 
 Chapter 92 — Drainage Districts, p. 553. 
 drainage commissioners, districts and 
 
 fund. Act 1280, p. 554. 
 drainage of agricultural, swamp and over- 
 flowed lands. Act 1281, p. 554. 
 drainage district act of 1885, Act 1282, 
 
 p. 555. 
 drainage district improvement act of 1919, 
 
 Act 1283, p. 560. 
 drainage district act of 1903, Act 1284, 
 
 p. 576. 
 Bellevue-Wilfred drainage district. Act 
 
 1285, p. 598. 
 
 Butte county drainage district No. 1, Act 
 
 1286, p. 599. 
 
 Butte county drainage district No. 100, 
 Act 1287, p. 600. 
 
 Knights Landing ridge drainage district, 
 Act 1288, p. 600. 
 
 boundaries of Knights Landing ridge 
 drainage district. Act 1289, p. 600. 
 
 Los Angeles county district improvement 
 No. 1, Act 1290, p. 601. 
 
 Los Angeles county drainage improve- 
 ment No. 3, Act 1291, p. 601. 
 
 Merced county drainage improvement dis- 
 trict No. 1, Act 1292, p. 602. 
 
 Merced county drainage improvement dis- 
 trict No. 2, Act 1293, p. 602. 
 
 Sacramento river drainage district. Act 
 1294, p. 604. 
 
 Yolo basin drainage district. Act 1295, p. 
 604. 
 
 Tolo and Colusa drainage district. Act 
 1296, p. 604. 
 
 drainage district No. 100 Butte county- 
 validation. Act 1296a, p. 604. 
 Chapter 93 — Dwelling Houses, p. 604. 
 
 State dwelling house act. Act 1302, p. 604. 
 Chapter 94 — Eggs, p. 614. 
 
 sale of imported eggs. Act 1303, p. 615. 
 
 sale of food and drink containing eggs. 
 Act 1304, p. 616. 
 
 packing imported eggs. Act 1305, p. 616. 
 
 sale of eggs in transit more than thirty- 
 one days. Act 1306, p. 617. 
 Chapter 95 — El Dorado County, p. 618. 
 
 refunding of bonded indebtedness, Act 
 1307, p. 618. 
 
 lawful fences. Act 1308, p. 618. 
 
 trespassing animals in Mud Springs town- 
 ship. Act 1309, p. 618. 
 
 ( 
 
 Chapter 96 — Elections, p. 619. 
 
 purity of elections act of 1907, Act 1327, 
 
 p. 619. 
 commission on voting or balloting 
 
 machines. Act 1328, p. 624. 
 supplementary to previous act, Act 1329, 
 
 p. 635. 
 special elections, Act 1332, p. 637. 
 "direct primary law of 1913," Act 1337, 
 
 p. 637. 
 "presidential primary act," Act 1338, p. 
 
 672, 
 consolidation of elections. Act 1339, p. 678. 
 legalizing registrations, Act 1340, p. 679. 
 "piece clubs," Act 1341, p. 680. 
 special state election called. Act 1342, 
 p. 681. 
 Chapter 97 — Electricity, p. 681. 
 
 regulating electric poles, etc.. Act 1350, p. 
 
 682. 
 regulating subways, manholes, etc., Act 
 
 1351, p. 686. 
 joint municipal public utilities. Act 1352, 
 p. 688. 
 Chapter 98 — Elevators, p. 692. 
 
 elevator construction, maintenance and 
 
 operation, Act 1356, p. 692. 
 elevator inspection act. Act 1357, p. 693. 
 Chapter 99 — Embalmers, p. 695. 
 
 practice of embalming. Act 1363, p. 696. 
 Chapter 100 — Emery^-ille. p. 700. 
 
 tideland grant. Act 1365, p. 700. 
 Chapter 101 — Emigration, p. 701. 
 
 promotion of emigration. Act 1366, p. 701. 
 
 Chapter 102 — Employment Agents, p. 701. 
 regulating private employment agencies. 
 
 Act 1373, p. 702. 
 free employment bureaus, Act 1374, p. 708. 
 Chapter 103 — Escheat, p. 708. 
 
 payment of judgments under section 1272, 
 C. C. P., Act 1385, p. 708. 
 Chapter 104 — Estates of Deceased Persons, 
 p. 709. 
 investment of moneys in estates of de- 
 ceased persons fund, Act 1393, p. 709. 
 Chapter 105 — Estrays. p. 710. 
 
 estray law of 1901, Act 1401, p. 710. 
 local option estray law of 1919, Act 1402, 
 p. 714. 
 Chapter 106 — Eureka, p. 716. 
 
 freeholders' charter. Act 1425, p. 716. 
 legalizing the Murray survey. Act 1426, 
 
 p. 716. 
 cession of water front to Eureka, Act 1427, 
 
 p. 717. 
 creating a police court, Act 1429, p. 717. 
 tide and submerged land grant. Act 1430, 
 p. 717. 
 Chapter 107 — Explosives, p. 720. 
 
 protection of life and property against 
 
 use of explosives. Act 1434, p. 720. 
 transportation, storage and sale of ex- 
 plosives. Act 1435, p. 722. 
 Chapter 108 — Expositions, p. 728. 
 
 Panama-California International Exposi- 
 tion, use of Balboa Park, Act 1440, 
 p. 729. 
 Panama-California International Exposi- 
 tion, state exhibit and building. Act 
 1441, p. 730. 
 xl)
 
 TABL,!?: OF CONTENTS. 
 
 Chapter 108 — Expositions — (Continued). 
 
 Panama-California International Exposi- 
 tion, appropriation to complete ex- 
 position building. Act 1442, p. 731. 
 
 Panama-California International Expo- 
 sition, maintenance of state building, 
 Act 1443, p. 731. 
 
 Panama-Pacific International Exposition 
 commission, powers and duties, Act 
 1444, p. 732. 
 
 Panama-Pacific International Exposition, 
 disposition of state's share of re- 
 turns. Act 1445, p. 737. 
 
 exposition building at Los Angeles, Act 
 1446, p. 737. 
 
 exposition at L.OS Angeles, furnishing 
 and equipping building, Act 1447, p. 
 737. 
 
 exposition at Los Angeles, revolving fund 
 for special expositions, Act 1448, p. 
 737. 
 
 Italian International Exposition, Califor- 
 nia exhibit. Act 1449, p. 738. 
 
 Ghent Universal and International Expo- 
 sition, California exhibit. Act 1449a, 
 p. 738. 
 Chapter 109 — Feeble-Minded Children, p. 
 739. 
 
 California Home for Feeble-Minded Chil- 
 dren, government and management, 
 Act 1462, p. 739. 
 
 permanent home. Act 1463, p. 739. 
 
 sale of Santa Clara county property. Act 
 
 1464, p. 740. 
 
 grant of right of way for highway. Act 
 
 1465, p. 740. 
 
 supplementary act, admission to home, of 
 idiots and epileptics. Act 1466, p. 740. 
 
 transfer and quitclaim Santa Clara prop- 
 erty. Act 1467, p. 740. 
 
 improvement and repairs of home, Act 
 1468, p. 740. 
 
 completion of main buildings. Act 1469, 
 p. 740. 
 
 authorizing conveyance of certain prop- 
 erty, Act 1470, p. 740. 
 
 authorizing construction of two pavilions 
 for epileptics, Act 1471, p. 741. 
 ■ authorizing construction of dairy build- 
 ings, Act 1472, p. 741. 
 Chapter 110 — Fees, p. 741. 
 
 fees and salaries of certain officers. Act 
 1475, p. 741. 
 
 fees, etc., in cities and counties of over 
 100,000 inhabitants. Act 1477, p. 743. 
 
 fees of county, township and other of- 
 ficers. Act 1479, p. 743. 
 
 payment of trial jurors' fees. Act 1480, p. 
 744. 
 
 payment of municipal ofRcers, Act 1481, 
 p. 745. 
 Chapter 111 — Fences, p. 745. 
 
 concerning lawful fences and trespassing' 
 animals, Act 1492, p. 745. 
 
 concerning lawful fences. Act 1493, p. 745. 
 
 lawful fences in certain counties, Act 
 1494, p. 746. 
 
 lawful division fences, Act 1495, p. 746. 
 
 height of division and partition fences. 
 Act 1496, p. 747. 
 
 spite fences, Act 1497, p. 747. 
 
 ( 
 
 Chapter 111 — Fences — (Continued). 
 
 entering, passing through, and hunting in 
 
 inclosures, Act 1499, p. 748. 
 Chapter 112 — Ferries, p. 749, 
 
 across navigable rivers between counties. 
 
 Act 1505, p. 749. 
 across streams wholly within counties. 
 
 Act 1506, -p. 750. 
 Chapter 113 — Ferry Depot, p. 750. 
 
 San Francisco ferry depot, act. Act 1511, 
 
 p. 750. 
 Chapter 114 — Fertilizers, p. 751. 
 
 sale of commercial fertilizers. Act 1516, 
 
 p. 751. 
 Chapter 115 — Fiddletown, p. 754. 
 
 hogs and goats running at large. Act 
 
 1521, p. 754. 
 name changed to Oleta, Act 1522, p. 754. 
 Chapter 116 — Fire, p. 754. 
 
 destruction by fire of contiguous prop- 
 erty. Act 1528, p. 754. 
 Chapter 117 — Fire Department, p. 754. 
 firemen's relief, health, insurance and 
 
 pension fund. Act 1533, p. 755. 
 fire departments in unincorporated towns. 
 
 Act 1534, p. 758. 
 exempt firemen's relief fund. Act 1536, p. 
 
 763. 
 foreign insurance companies, payment of 
 
 premiums for firemen's relief funds. 
 
 Act 1537, p. 763. 
 pensions for aged, infirm and disabled 
 
 firemen. Act 1538, p. 763. 
 yearly vacation for firemen. Act 1539, p. 
 
 764. 
 salaries of officers in cities of first class. 
 
 Act 1541, p. 765. 
 increase of efficiency of fire departments. 
 
 Act 1542, p. 765. 
 Chapter 118 — Flag, p. 766. 
 
 adoption of bear flag as state flag. Act 
 
 1563, p. 766. 
 Chapter 119 — Folsom, p. 767. 
 
 goats running at large. Act 1568, p. 767. 
 Chapter 120 — Foods, p. 767. 
 
 destruction of food and food products. 
 
 Act 1573, p. 767. 
 Inspection of animals slaughtered for 
 
 food, Act 1574, p. 768. 
 Chapter 121 — Foreclosure, p. 770. 
 
 attorney's fees abolished. Act 1577, p. 770. 
 Chapter 122 — Forestry, p. 771. 
 forestry act. Act 1578, p. 771. 
 prevention and suppression of forest fires. 
 
 Act 1578a, p. 777. 
 salaries of forestry officers. Act 1579, p. 
 
 779. 
 state forestry fund. Act 1580, p. 779. 
 state forestry nursery. Act 1581. p. 780. 
 United States forest reserve fund. Act 
 
 1583, p. 780. 
 reforestation of San Bernardino forest 
 
 reserve. Act, 1585, p. 781. 
 reforestation of the Angels national for- 
 est. Act 1586, p. 781. 
 prevention of destruction of game in 
 
 Cleveland national forest. Act 1588, 
 
 p. 782. 
 disincorporation of fire districts, Act 1389, 
 
 p. 782. 
 Tamalpais forest fire district. Act 1590, 
 
 p. 783. 
 xii )
 
 TABLE OF CONTENTS. 
 
 Chapter 122 — Forestry — (Continued). 
 
 prevention of forest fires on public lands, 
 Act 1591, p. 788. 
 
 fighting- forest fires in San Antonio can- 
 yon. Act 1592, p. 789. 
 
 fighting forest fires in San Dimas canyon, 
 Act 1593, p. 789. 
 
 prevention of forest fires in San Antonio 
 canyon. Act 1594, p. 790. 
 Chapter 123 — Franchises, p. 791. 
 
 cancellation of bonds to secure perforrai- 
 ance of conditions of. Act 1600, p. 
 791. 
 
 "Broughton act," Act 1601, p. 792. 
 
 railroads to parks beyond city limits. Act 
 1607, p. 798. 
 
 resettlement act, Act 1608, p. 798. 
 Chapter 124 — Fresno City, p. 802. 
 
 freeholders' charter, Act 1629, p. 802. 
 Chapter 125 — Fresno County, p. 802. 
 
 courtliouse and hospital improvement 
 bonds. Act 1638, p. 802. 
 
 increase of superior judges. Act 1642, p. 
 802. 
 
 bonds for the construction of roads and 
 bridges. Act 1644, p. 803. 
 
 board of county water commissioners. 
 Act 1649, p. 803. 
 Chapter 126 — Fruit, p. 803. 
 
 standard fruit act of 1915, Act 1652, p. 803. 
 
 "the standard apple act of 1917," Act 
 1654, p. 806. 
 
 standard fresh fruit packing act of 1917, 
 Act 1654a, p. 812. 
 
 sulphur standard for sulphuring fruits 
 and foods, Act 1654b, p. 817. 
 
 standard fruit and vegetable act of 1919, 
 Act 1654c, p. 818. 
 Chapter 127 — Funds, p. 823. 
 
 conversion of balances of unexpended 
 appropriation, Act 1656, p. 823. 
 
 reversion of balances of unexpended ap- 
 propriations. Act 1657, p, 824. 
 
 San Francisco state normal, transfer of 
 money from the salary to the print- 
 ing fund. Act 1658, p. 824. 
 
 transfer of money, certain funds to gen- 
 eral fund, abolishing certain funds. 
 Act 1659, p. 824. 
 
 loan to general fund from school land 
 fund, Act 1660, p. 824. 
 
 transfer frora state drainage construction 
 fund to general fund. Act 1661, p. 824. 
 
 transfer of money from construction fund 
 drainage district number one to gen- 
 eral fund, Act 1662, p. 824. 
 
 transfer of money from general fund to 
 other funds, Act 1663. p. 825. 
 
 redemption of coupons of civil bonds of 
 1857, Act 1664, p. 825. 
 
 redemption of coupons, railroad bonds of 
 1864, Act 1665, p. 825. 
 
 requiring payment of state moneys into 
 the treasury. Act 1666, p. 825. 
 
 payments from the swamp land fund to 
 the several counties. Act 1667, p. 826. 
 
 return of payments under section 570, 
 C. C. P., Act 1667a, p. 826. 
 
 investment of county and municipal sink- 
 ing funds, Act 1669, p. 827. 
 
 investment of surplus funds of counties 
 and municipiililies, A^-t 1670, p. 827. 
 
 ( xlii 
 
 Chapter 127 — Funds — (Continued). 
 
 investment of surplus money of state. 
 
 Act 1671, p. 828. 
 deposit of state money in banks, Act 1673, 
 
 p. 829. 
 deposit of county and municipal money 
 
 in banks. Act 1674, p. 831. 
 Chapter 128 — Game Laws, p. 834. 
 
 hunting license act of 1909, Act 1688, 
 
 p. 835. 
 vocational fishing license act of 1909, Act 
 
 1690, p. 837. 
 dealers' license act of 1911, Act 1691, p. 
 
 838. 
 canners' license act of 1917, Act 1691a, 
 
 p. 840. 
 fishing license act of 1913, Act 1692, p. 
 
 843. 
 Issuance for resale act of 1915, Act 1692a, 
 
 p. 845. 
 fish propagators' license act of 1911, Act 
 
 1693, p. 846. 
 
 parasitic fish act. Act 1693a, p. 848. 
 commercial fishery statistics. Act 1693b, 
 
 p. 850. 
 fish supply conservation. Act 1693c, p. 852. 
 "fish and game preservation fund," Act 
 
 1694, p. 854. 
 
 disposition of fines and forfeitures. Act 
 
 1694a, p. 855. 
 fish and game district act of 1917, Act 
 
 1696, p. 855. 
 "Mount Tamalpais game refuge," Act 
 
 1696a, p. 869. 
 railway car for fish distribution. Act 1697, 
 
 p. 871. 
 purchase of fish hatcheries at Sisson, Act 
 
 1698, p. 871. 
 purchase of additional land for fish 
 
 hatchery at Sisson, Act 1699, p. 871. 
 removal of obstructions In American 
 
 river. Act 1700, p. 871. 
 salmon hatchery. Act 1701 p. 871. 
 removal of obstructions in Pitt river. Act 
 
 1702, p. 871. 
 
 disposal of hatchery at Battle Creek, Act 
 
 1703, p. 871. 
 
 fish repository on Stanislaus river. Act 
 
 1704, p. 872. 
 
 authorizing construction of steam launch, 
 Act 1705, p. 872. 
 
 purchase of gasoline launch. Act 1706, 
 p. 872. 
 
 disposal of steam launch Governor Stone- 
 man, Act 1707, p. 872. 
 
 importation of game birds for propaga- 
 tion. Act 1708, p. 872. 
 
 protection of game in Nevada county. Act 
 
 1709, p. 872. 
 
 restricting hunting in Yolo county, Act 
 
 1710, p. 872. 
 
 preservation of mocking birds. Act 1712, 
 
 p. 872. 
 prevention of destruction of fish and 
 
 game in Lake Merritt, Act 1715, p. 
 
 873. 
 protection of fish and game In Napa 
 
 county. Act 1716, p. 873. 
 destruction of fish prohibited In Alameda 
 
 county, Act 1720, p. 873. 
 prevention of destruction of fish in 
 
 Bolinas bay. Act 1721, p. 873. 
 )
 
 TABLE OF CONTENTS. 
 
 Chapter 128 — Game Laws — (Continued), 
 protection of fish in Butte creek, Act 1722, 
 
 p. 874. 
 regulating salmon fisheries on Eel river. 
 
 Act 1723, p. 874. 
 preservation of fish in Lake Bigler, Act 
 
 1724. p. 874. 
 prevention of destruction of fish in King's 
 
 river, Act 1725, p. 875. 
 use of seines, etc., in Napa river pro- 
 hibited, Act 1727, p. 875. 
 use of seines, etc., in San Antonio creek 
 
 prohibited. Act 1728, p. 876. 
 preservation of fish in Siskiyou county, 
 
 Act 1731, p. 876. 
 protection of fish in False bay, Act 1733, 
 
 p. 876. 
 protection of fish in Mendocino county, 
 
 Act 1735, p. 876. 
 prevention of destruction of wild game 
 
 in Pinnacles forest reserve. Act 1736, 
 
 p. 877. 
 use of weirs, etc., In Monterey bay. Act 
 
 1737, p. 877. 
 use of nets, etc., in Cache slough pro- 
 hibited. Act 1738, p. 878. 
 restriction of fishing in district 19, Act 
 
 1738a, p. 878. 
 expenses and costs of trial for violation 
 
 of fish and game laws. Act 1739, p. 
 
 879. 
 county fish hatcheries. Act 1740, p. 879. 
 crab preserve in Eel river, Act 1741, p. 
 
 879. 
 shellfish preserve in Monterey bay. Act 
 
 1742, p. 880. 
 
 transfer of land for game preserve, Act 
 
 1743, p. 880. 
 
 protection of fur-bearing animals. Act 
 
 1744, p. 881. 
 
 contaminated sources of shellfish. Act 
 
 1745, p. 884. 
 
 free camping grounds in Placer county, 
 Act 1746, p. 884. 
 Chapter 129 — Gas, p. 885. 
 
 grant of franchises by municipal corpo- 
 rations. Act 1759, p. 885. 
 
 regulating use of illuminating gas. Act 
 
 1760, p. 886. 
 
 standard of illuminating power act. Act 
 
 1761, p. 886. 
 
 prohibiting wasting of natural gas, Act 
 
 1762, p. 888. 
 
 Chapter 130 — Gettysburg, p. 889. 
 
 celebration of fiftieth anniversary. Act 
 1774. p. 889. 
 Chapter 131— Gifts, p. 890. 
 
 gifts to counties for pioneer monuments. 
 Act 1781, p. 890. 
 Chapter 132— Gllroy, p. 891. 
 
 act of incorporation, Act 1783, p. 892. 
 Chapter 133 — Glenn County, p. 892. 
 
 organization act. Act 1786, p. 892. 
 Chapter 134 — Goats, p. 892. 
 
 protection of goats from dogs, Act 1788, 
 p. 893. 
 Chapter 135 — Golden City Homestead Asso- 
 ciation, Act 1794, p. 893. 
 conveyance of lands to the association. 
 Act 1794, p. 893. 
 
 ( 
 
 Chapter 136 — Good Templars, p. 893. 
 
 grant of corporate powers. Act 1799, p. 
 
 893. 
 Chapter 137 — Governor, p. 893. 
 
 residence of governor, Act 1805, p. 893. 
 employment of counsel. Act 1808, p. 894. 
 Chapter 138 — Grand Army of the Republic, 
 p. 894. 
 wearing badge of G. A. R. without right. 
 
 Act 1815, p. 894. 
 permanent headquarters in capitol. Act 
 
 1816, p. 894. 
 national encampment of 1912, Act 1817, 
 
 p. 895. 
 G. A. R. memorial monument, Act 1818, 
 
 p. 895. 
 Chapter 139 — Growing Timber, p. 896. 
 
 protection of big tree groves. Act 1830, 
 
 p. 896. 
 Chapter 140 — Gnlde Posts, p. 896. 
 
 guide posts in desert sections, Act 1840, 
 
 p. 896. 
 Chapter 141 — Harbor Commissioners, p. 897. 
 repairs upon private wharves, Act 1852, 
 
 p. 897. 
 Jurisdiction of commission, act of 1878, 
 
 Act 1855, p. 898. 
 warehouses, elevators, etc.. Act 1856, p. 
 
 899. 
 state railroad act of 1913, Act 1857, p. 
 
 900. 
 state drydock act of 1913, Act 1858, p. 901. 
 alignment of East street. Act 1860, p. 902. 
 condemnation of certain property. Act 
 
 1861, p. 902. 
 India basin act. Act 1862, p. 903. 
 compromise of litigation. Act 1863, p. 903. 
 free public market on waterfront, Act 
 
 1864, p. 904. 
 Insurance of state property. Act 1865. 
 
 p. 905. 
 reconstruction and repair of damaged 
 
 property. Act 1866, p. 906. 
 reconstruction and repair of wharves, 
 
 etc.. Act 1866a, p. 906. 
 lease of certain waterfront blocks, Act 
 
 1867, p. 906. 
 San Francisco harbor improvement act 
 
 of 1909, Act 1869, p. 906. 
 India basin act, Act 1870, p. 907. 
 San Francisco harbor Improvement act 
 
 of 1913, Act 1871, p. 907. 
 San Francisco seawall act. Act 1871a, p. 
 
 911. 
 establishing disputed titles on bay of 
 
 San Diego, Act 1872, p. 912. 
 San Diego seawall act of 1909, Act 1873, 
 
 p. 912. 
 board of harbor commissioners of port 
 
 of San Jose, Act 1874, p. 912. 
 false returns to boards. Act 1875, p. 915. 
 county harbor commission act. Act 1877, 
 
 p. 916. 
 payment of claim of Fidelity and Deposit 
 
 Company of Maryland, Act 1878, p. 
 
 921. 
 acquisition of Mission rock. Act 1879, 
 
 p. 921. 
 Chapter 142 — Hay, p. 922. 
 
 standard hay baling act, Act 1882, p. 922. 
 Chapter 143 — Hrrmosa Beach, p. 923. 
 tide land gra^t. Act 1894, p. 923. 
 xlv )
 
 TABLE OP CONTENTS. 
 
 Chapter 144 — Hlgrhways, p. 924. 
 
 good roads law of 1907, Act 1900, p. 925. 
 Joint highway districts. Act 1900a, p. 930. 
 county joint highways, state co-opera- 
 tion, natural military highways. Act 
 
 1900b, p. 939. 
 natural rural post roads, state co-opera- 
 tion, Act 1900c, p. 940. 
 boulevard district act of 1911, Act 1902, 
 
 p. 941. 
 highway care, management and protec- 
 tion act of 1915, Act 1903, p. 952. 
 road district improvement act of 1907, 
 
 Act 1910, p. 954. 
 work on state highways by local author- 
 ities, Act 1910a, p. 969. 
 highway lighting districts. Act 1911, p. 
 
 969. 
 lighting district validation act of 1915, 
 
 Act 1911a, p. 976. 
 shade and ornamental tree act of 1913, 
 
 Act 1912, p. 977. 
 county highway maintenance act of 1911, 
 
 Act 1913, p. 979. 
 payment by counties of interest on state 
 
 highway bonds. Act 1914, p. 979. 
 right of way over public lands. Act 1915, 
 
 p. 980. 
 state highways act. Act 1916, p. 980. 
 state highways act of 1915, Act 1916a, 
 
 p. 986. 
 special election on highway amendment 
 
 to constitution, Act 1916b, p. 993. 
 acquisition of rights of way and rock 
 
 quarries by counties. Act 1917, p. 994. 
 openings and obstructions on state high- 
 ways. Act 1917a, p. 995. 
 abandonment act of 1915, Act 1917b, p. 
 
 996. 
 convict labor on state highways, Act 
 
 1917d, p. 996. 
 road division validation act of 1917, Act 
 
 1917e, p. 997. 
 state aid highways in counties and towns. 
 
 Act 1918, p. 998. 
 purchase of "Big Oak flat" and "Yosemite 
 
 and Wawona" roads. Act 1919, p. 1000. 
 Lake Tahoe wagon road, Act 1920, p. 1000. 
 bridge on Lake Tahoe wagon road. Act 
 
 1920a, p. 1000. 
 Placerville and Lake Tahoe wagon road. 
 
 Act 1920b, p. 1000. 
 state highway from Meyer's station to 
 
 McKinneys, Act 1921, p. 1001. 
 Alpine state highway. Act 1922, p. 1001. 
 state highway from Emigrant Gap to 
 
 Donner lake, construction. Act 1923, 
 
 p. 1001. 
 state highway from Emigrant Gap to 
 
 Donner lake, maintenance. Act 1924, 
 
 p, 1001. 
 Emigrant Gap state road, change of 
 
 grade. Act 1925, p. 1001. 
 Lassen county state highway. Act 1926, 
 
 p. 1002. 
 Alturas to CedarvUle county road. Act 
 
 1927, p. 1002. 
 state highway from Sacramento to Fol- 
 
 som, Act 1928, p. 1002. 
 Btate highway from Mount Pleasant 
 
 ranch to Downieville, Act 1929, p. 
 
 1002. 
 
 (XV 
 
 Chapter 144 — Highways — (Continued). 
 
 declaring part of Sonora and Mono wagon 
 
 road, a state highway. Act 1930, p. 
 
 1002. 
 Sonora and Mono state highway. Act 1931, 
 
 p. 1003. 
 Trinity-Humboldt state highway. Act 
 
 1932, p. 1003. 
 free wagon road from Mono lake basin 
 
 to "Tioga road," Act 1933, p. 1003. 
 Mono lake basin state road, extension. 
 
 Act 1934. p. 1003. 
 Trinity - Tehama - Shasta - Humboldt state 
 
 highway. Act 1935, p. 1003. 
 Trinity - Tehama - Shasta - Humboldt state 
 
 highway, completion. Act 1936, p. 
 
 1003. 
 Trinity - Tehama - Shasta - Humboldt state 
 
 highway survey of extension, Act 
 
 1937, p. 1004. 
 Kings river state highway. Act 1939, p. 
 
 1004. 
 Bakersfleld, Maricopa and Ventura state 
 
 highway, Act 1940, p. 1004. 
 wagon road from McKinney's to Donner 
 
 lake declared a state highway. Act 
 
 1941, p. 1004. 
 purchase of portion of great Sierra wagon 
 
 road, or "Tioga road," Act 19413, 
 
 p. 1005. 
 Big Oak flat and Yosemite toll road, a 
 
 state highway. Act 1942, p. 1005. 
 "Yolo and Lake highway," Act 1942a, 
 
 p. 1006. 
 Tahoe city and Crystal bay state high- 
 way. Act 1943, p. 1007. 
 state highway from Kern county to Nord- 
 
 hoff. Act 1943a, p. 1007. 
 highway from Surprise valley to the 
 
 Nevada line. Act 1943b, p. 1007. 
 highway from Pescadero to California 
 
 redwood park. Act 1943c, p. 1008. 
 Pasadena state highway. Act 1943d, p. 
 
 1008. 
 state highway from Saratoga Gap to 
 
 California redwood park. Act 1943e, 
 
 p. 1009. 
 state highway from San Bernardino to 
 
 Redlands, Act 1944, p. 1009. 
 taking over road in Boulder Creek town- 
 ship, Santa Cruz county. Act 1944a, 
 
 p. 1010. 
 highway between Susanville and Nevada 
 
 line. Act 1944b, p. 1010. 
 highway from Truckee to the Nevada 
 
 line, Act 1945, p. 1011. 
 highway from Butte county highway to 
 
 Willows, Act 1945a, p. 1011. 
 declaring highway from Long Barn to 
 
 Sonora, a state highway. Act 1945b, 
 
 p. 1011. 
 report on road laws. Act 1946, p. 1012. 
 Chapter 145 — Historic Property, p. 1012. 
 acquisition, preservation, etc., of certain 
 
 historic properties. Act 1950, p. 1012. 
 California historical survey commission. 
 
 Act 1951, p. 1013. 
 board of trustees, PIo Pico mansion. Act 
 
 1952, p. 1014. 
 
 record of California in great war. Act 
 
 1953, p. 1016, 
 )
 
 TABLE OF CONTENTS. 
 
 Chapter 146— Hogs, p. 1016. 
 
 hogs running at large in certain coun- 
 ties, Act 1954, p. 1016. 
 Chapter 147 — Holidays, p. 1017. 
 
 holidays declared by municipalities, Act 
 
 1955, p. 1017. 
 Lincoln's birthday declared a legal holi- 
 day. Act 1956, p. 1017. 
 Lincoln's 100th birthday declared a legal 
 
 holiday. Act 1957, p. 1017. 
 Chapter 148 — Homesteads, p. 1018. 
 
 formation and extension of homestead 
 
 corporations, Act 1974, p. 1018. 
 Chapter 149 — Hops, p. 1019. 
 
 fixing tare on baled hops, Act 1991, p. 
 
 1019. 
 Chapter 150 — Horticultare, p. 1019. 
 
 horticultural nomenclature. Act 2001. p. 
 
 1019. 
 pear and walnut blight investigation. Act 
 
 2002, p. 1019. 
 horticultural act of 1912, Act 2009, p. 1020. 
 fraudulent sale of fruit trees, Act 2010, 
 
 p. 1024. 
 destructive diseases of cultivated plants. 
 
 Act 2011, p. 1024. 
 sale and shipment of frosted citrus fruits. 
 
 Act 2012, p. 1025. 
 date palm distribution and quarantine. 
 
 Act 2013, p. 1025. 
 Chapter 151 — Hospital, p. 1026. 
 
 maternity hospitals. Act 2017, p. 1026. 
 endowment of hospitals. Act 2018, p. 1027. 
 Chapter 152 — Hotels, p. 1029. 
 
 use of illuminating gas in hotels. Act 
 
 2023, p. 1029. 
 exit signs in hotels, etc.. Act 2024, p. 1029. 
 "state hotel and lodging house act" of 
 
 1917, Act 2026, p. 1030. 
 hotel act of 1917, Act 2028, p. 1063. 
 Chapter 153 — Hours of Labor, p. 1065. 
 
 women's eight-hour law. Act 2034, p. 1065. 
 Chapter 154 — Humboldt Bay, p. 1067. 
 
 grant of tide lands to the United States, 
 
 act of 1887, Act 2051, p. 1067. 
 grant of tide lands to the United States, 
 
 act of 1889, Act 2052, p. 1067. 
 purchase of certain lands in Humboldt 
 
 bay, Act 2053, p. 1068. 
 survey of Humboldt bay. Act 2054, p, 
 
 1068. 
 Chapter 155 — Humboldt County, p. 1068. 
 additional superior judge for. Act 2062, 
 
 p. 1068. 
 challenges to jurors in justice's courts. 
 
 Act 2063, p. 1068. 
 log scaling. Act 2064, p. 1068. 
 disposal of town and village lots on pub- 
 lic lands, Act 2071, p. 1068. 
 Chapter 156 — Hunting on Private Grounds, 
 p. 1069. 
 hunting and shooting on private grounds, 
 
 Act 2078, p. 1069. 
 Chapter 157 — Immigration^ p. 1069. 
 
 immigration of persons incompetent to 
 
 become citizens. Act 2089, p. 1070. 
 Immigration and housing act of 1913, Act 
 
 2090, p. 1070. 
 
 immigration disembarking zones. Act 
 
 2091, p. 1074, 
 
 Chapter 158 — Imperial County, p. 1075. 
 
 additional superior judge. Act 2093, p. 
 1075. 
 Chapter 159 — Indians, p. 1076. 
 
 government and protection of Indians, 
 Act 2095, p. 1076. 
 
 grant of lands in Indian reservations to 
 the United States, Act 2097, p. 1076. 
 
 Interference with Indian agents. Act 2098, 
 p. 1076. 
 Chapter 160 — Industrial Accident Commis- 
 sion, p. 1077, 
 
 abolishing industrial accident board and 
 conferring powers on industrial acci- 
 dent commission, Act 2101, p. 1077. 
 
 establishing and defining jurisdiction of 
 commission. Act 2101a, p. 1078. 
 
 "industrial accident fund," Act 2102, p. 
 1078. 
 
 "accident prevention fund," Act 2103, p. 
 1079. 
 
 statistics as to industrial accidents. Act 
 2104, p. 1079. 
 
 "state compensation insurance fund," 
 appropriation, Act 2105, p. 1081. 
 
 "Boynton act," "workmen's compensa- 
 tion, insurance and safety act" of 
 1913, administrative. Act 2106, p. 1081. 
 
 actions against insurance carriers. Act 
 2106a, p. 1096. 
 
 protection of beneficiaries of workmen's 
 compensation insurance policies, Act 
 2106b. p. 1097. 
 Chapter 161 — Industrial W^elfare Commis- 
 sion, p. 1100. 
 
 industrial welfare commission act, Act 
 2107, p. 1100. 
 Chapter 162 — Infants, p. 1106. 
 
 attending prizefights and cockfights, Act 
 2110, p. 1106. 
 
 child labor law of 1905, Act 2113, p. 1107. 
 
 child labor law of 1919, Act 2113a, p. 110.8. 
 
 minors engaged in business at night, Act 
 2115, p. 1112. 
 Chapter 163 — Insane Asylums, p. 1113. 
 
 Stockton state hospital, armory site. Act 
 2134, p. 1113. 
 
 Stockton state hospital removal of bodies 
 from the cemetery. Act 2134a, p. 1114. 
 
 Stockton state hospital, condemning cer- 
 tain streets for. Act 2138, p. 1114. 
 
 Napa state hospital, water supply for, 
 Act 2139, p. 1114. 
 
 Napa state hospital, grant of railroad 
 right of way. Act 2143a, p. 1114. 
 
 Agnews state hospital, erection of water 
 towers and tanks. Act 2145, p. 1114. 
 
 Agnews state hospital, replacing build- 
 ings destroyed in 1906, Act 2146, p. 
 1114. 
 
 Agnews state hospital, conveyance of 
 certain property to Western Distill- 
 eries, Act 2147, p. 1115. 
 
 Agnews state hospital, grant of right of 
 way for spur track. Act 2147a, p. 1115. 
 
 Agnews state hospital, confirming sale of 
 property to Western Distilleries Com- 
 pany, Act 2147b, p. 1115. 
 
 Agnews state hospital, cottage for female 
 working patients. Act 2148, p. 1115. 
 
 Mendocino state hospital, change of name. 
 Act 2150, p. 1115. 
 i )
 
 TABLE OF CONTENTS. 
 
 Chapter 163 — Insane Asylums — (Continued). 
 
 Southern California state hospital, rail- 
 road right of way, Act 2152, p. 1115. 
 
 Southern California state hospital, con- 
 veyance of certain water rights. Act 
 2153, p. 1116. 
 
 Southern California state hospital, right 
 of way for electric railroad. Act 2154, 
 p. 1116. 
 
 Southern California state hospital, ratifi- 
 cation of conveyance. Act 2155, p. 
 1116. 
 
 Norwalk state hospital, establishment of. 
 Act 2156, p. 1116. 
 
 "Pacific colony" act, Act 2163, p. 1117. 
 Chapter 164 — Insects, p. 1125. • 
 
 mosquito abatement districts. Act 2168, 
 p. 1125. 
 
 prevention of Importation of insects. Act 
 2169, p. 1131. 
 Chapter 165 — Insurance, p. 1132. 
 
 borrowing money from insurance com- 
 panies. Act 2181, p. 1132. 
 
 printing notice of assessments on policy 
 cover, Act 2182, p. 1133. 
 
 county flre insurance companies act. Act 
 2183, p. 1133. 
 
 non-insurance of state property. Act 2185, 
 p. 1144. 
 
 standard form of flre insurance policy, 
 Act 2186, p. 1144. 
 
 extending time for insurance statement, 
 Act 2187, p. 1151. 
 
 livestock Insurance, Act 2189, p. 1151. 
 
 standard form of accident and health 
 policy. Act 2189a, p. 1154. 
 
 mutual fire insurance companies. Act 2190, 
 p. 1162. 
 
 reciprocal indemnity insurance act of 
 1917, Act 2192a, p. 1166. 
 
 mutual workmen's compensation insur- 
 ance companies. Act 2193, p. 1170. 
 
 misrepresenting terms of Insurance pol- 
 icy. Act 2194, p. 1174. 
 
 social insurance investigating commis- 
 sion, Act 2196, p. 1175. 
 
 guaranty surplus and special reserve 
 funds. Act 2197, p. 1176. 
 
 liquidation of delinquent insurance com- 
 panies. Act 2199, p. 1179. 
 Chapter 166 — Interest, p. 1182. 
 
 rates of interest on laws on chattel mort- 
 gages. Act 2200, p. 1182. 
 Chapter 167 — Intoxicating Liquors, p. 1183. 
 
 collections of accounts for liquor. Act 
 2213, p. 1183. 
 
 sale to person inordinately addicted to 
 use. Act 2214, p. 1184. 
 
 Mendocino state hospital, sale of liquor 
 near. Act 2222, p. 1184. 
 
 sale within one mile of College City, Act 
 2223, p. 1184. 
 
 sale near construction camp, Act 2224, 
 p. 1184. 
 
 public school house act, Act 2224a, p. 
 1185. 
 
 "Wyllie local option law," Act 2225, p. 
 1185. 
 
 building nuisance abai«3m«vt act. Act 
 2227, p. 1197. 
 
 ( « 
 
 Chapter 168 — Investment Companies, p. 1198. 
 
 "blue sky law," Act 2235, p. 1199. 
 
 "corporate securities act," Act 2236, p. 
 1208. 
 Chapter 169 — Inyo County, p. 1219. 
 
 trespassing animals. Act 2242, p. 1219. 
 Chapter 170 — Irrigation and Irrigation Dis- 
 tricts, p. 1219. 
 
 irrigation district act of 1872, Act 2258, 
 p. 1220. 
 
 "Wright act," Act 2259, p. 1221. 
 
 "California irrigation district act," 
 "Brldgeford act,!' Act 2266, p. 1232. 
 
 irrigation districts of over 500,000 acres. 
 Act 2266a, p. 1280. 
 
 "the California irrigation act. Act 2266b, 
 p. 1282. 
 
 district co-operation with federal recla- 
 mation service. Act 2266c, p. 1313. 
 
 contracts with federal reclamation serv- 
 ice, Act 2266d, p. 1316. 
 
 defining "private irrigation plant," Act 
 2266e, p. 1317. 
 
 district co-operation with adjoining dis- 
 tricts in other states, Act 2266f, p. 
 1318. 
 
 drainage by irrigation distrlAs, Act 2266g, 
 p. 1319. 
 
 development of electric power, Act 2266h, 
 p. 1319. 
 
 assessment of state land, Act 2266j, p. 
 1320. 
 
 county irrigation districts. Act 2267, p. 
 1320. 
 
 validation of county irrigation districts. 
 Act 2267a, p. 1321. 
 
 "county power pumping district act," Act 
 2267b, p. 1321. 
 
 dissolution of irrigation districts act of 
 1919, Act 2267c, p. 1327. 
 
 dissolution of Irrigation districts act of 
 1903, Act 2267d, p. 1329. 
 
 finding act of 1897, Act 2268, p. 1333. 
 
 legalizing irrigation bonds, Act 2268a, 
 p. 1336. 
 
 refunding act of 1919, Act 2268b, p. 1337. 
 
 irrigation bonds as legal instruments. Act 
 2271, p. 1337. 
 
 payment of assessments in installments. 
 Act 2272, p. 1341. 
 
 release of liens upon cancellation of 
 bonds. Act 2273, p. 1342. 
 
 redemption of property sold for delin- 
 quent assessments. Act 2274, p. 1343. 
 
 leasing of water for power purposes. Act 
 
 2275, p. 1344. 
 
 contracts for water for Irrigation, Act 
 
 2276, p. 1345. 
 
 declaring irrigation a public use, Act 
 
 2278, p. 1346. 
 "Oakdale irrigation district," validation. 
 
 Act 2279, p. 1347. 
 "Westside irrigation district," Act 2280, 
 
 p. 1347. 
 "Westside irrigation district," validation, 
 
 Act 2280a, p. 1347. 
 "Modesto irrigation district," Act 2281, 
 
 p. 1347. 
 "Modesto irrigation district," ralidation. 
 
 Act 2282, p. 1347. 
 "Turlock irrigation district," validation. 
 
 Act 2283, p. 1847.
 
 TABLE OF CONTENTS. 
 
 Chapter 170 — Irrigation and Irrigation Dis- 
 tricts — (Continued). 
 
 "South San Joaquin irrigation district," 
 validation, Act 2284, p. 1348. 
 
 "Imperial irrigation district," validation, 
 Act 2285, p. 1348. 
 
 "Imperial irrigation district," legalizing 
 bonds. Act 2285a, p. 1349. 
 
 "Imperial irrigation district," purchase of 
 bonds of California Development Com- 
 pany, Act 2285b, p. 1350. 
 
 "San Ysidro irrigation district," valida- 
 tion. Act 2286, p. 1351. 
 
 "Anderson - Cottonwood irrigation dis- 
 trict," validation. Act 2287, p. 1351. 
 
 "La Mesa, Lemon Grove and Spring Val- 
 ley irrigation district," validation. 
 Act 2288, p. 1352. 
 
 "Waterford irrigation district," valida- 
 tion, Act 2289, p. 1352. 
 
 "Carmichael irrigation district," valida- 
 tion, Act 2290, p. 1352. 
 
 "Happy Valley irrigation district," vali- 
 dation. Act 2291, p. 1353. 
 
 "Paradise irrigation district," validation. 
 Act 2292, p. 1353. 
 
 "Stratford •irrigation district," validation. 
 Act 2293, p. 1353. 
 
 "Terra Bella irrigation district," valida- 
 tion, Act 2294, p. 1353. 
 
 "Lindsay-Strathmore irrigation district," 
 validation. Act 2294a, p. 1354. 
 
 "Baxter Creek irrigation district," vali- 
 dation, Act 2294b, p. 1354. 
 
 "Princeton-Codora-Glenn irrigation dis- 
 trict," validation. Act 2294c, p. 1354. 
 
 "Red Rock irrigation district," valida- 
 tion. Act 2294d, p. 1354. 
 
 "Tranquillity irrigation district," valida- 
 tion, Act 2294e, p. 1354. 
 
 "Fair Oaks irrigation district," valida- 
 tion. Act 2294f, p. 1355. 
 
 "Jacinto irrigation district," validation. 
 Act 2294g, p. 1355. 
 Chapter 171 — Japanese, p. 1355. 
 
 Japanese statistics, Acts 2295, 2296, p. 1355. 
 Chapter 172 — Jewish Order of Kesher Shel 
 Barsel, p. 1356. 
 
 conferring corporate powers. Act 2301, 
 p. 1356. 
 Chapter 173 — Judges of the Plains, p. 1356. 
 
 judges of the plains. Act 2306, p. 1356. 
 Chapter 174 — Judgments, p. 1356. 
 
 payment of judgments against counties 
 and municipalities, Act 2311, p. 1356. 
 
 recovery of judgments against munici- 
 palities of pver one hundred thousand 
 population. Act 2312, p. 1357. 
 Chapter 175 — Justice's Clerk, p. 1358. 
 
 justice's clerk in cities and counties of 
 over 100,000 population. Act 2324, p. 
 1358. 
 
 clerk in township justice's court. Act 
 2325. p. 1359. 
 Chapter 176 — Jute Goods, p. 1360. 
 
 sale price of jute goods, Act 2331, p. 1360. 
 
 insurance of jute goods. Act 2332, p. 1361. 
 
 permanent fund for purchase of jute, Act 
 2333, p. 1362. 
 Chapter 177 — Juvenile Court, p. 1363. 
 
 juvenile court law of 1915, Act 2341, 
 p. 1363. 
 
 Chapter 178 — Kaweah River, p. 1389. 
 
 Kaweah river commissioners. Act 2346, 
 p. 1389. 
 Chapter 179 — Kelp, p. 1389. 
 
 Kelp act. Act 2353, p. 1389. 
 Chapter 180 — Kern County, p. 1393. 
 
 issue of bonds to pay county indebted- 
 ness. Act 2361, p. 1393. 
 increase of superior judges. Act 2367, 
 
 p. 1393. 
 salaries of superior judges. Act 2371, p. 
 1394. 
 Chapter 181 — Kings County, p. 1394. 
 
 organization act, Act 2380, p. 1394. 
 Chapter ;.82 — Knight's Landing, p. 1395. 
 
 hogs and goats running at large. Act 
 2395, p. 1395. 
 Chapter 183 — Labor Bureau, p. 1395. 
 
 bureau of labor statistics, Act 2401, p. 
 
 1396. 
 bureau of labor statistics, attorney. Act 
 
 2402, p. 1399. 
 enforcement of labor laws, Act 2403, p. 
 
 1400. 
 protection of wages of labor act of 1868, 
 Act 2404, p. 1400. 
 Chapter 184 — Labor Unions, p. 1400. 
 
 unlawful wearing of button. Act 2412, 
 
 p. 1400. 
 unlawful use of card. Act 2413, p. 1400. 
 Chapter 185 — Lake Bigler, p. 1401. 
 
 legalizing name. Act 2417, p. 1401. 
 Chapter 186 — Lake County, p. 1401. 
 
 issue of bonds to pay judgment. Act 2422, 
 
 p. 1401. 
 transfer and loan of swamp land funds, 
 
 Act 2424, p. 1401. 
 restrict herding of sheep and goats. Act 
 2428, p. 1401. 
 Chapter 187 — Lake Earl, p. 1402. 
 
 permanently draining Lake Earl, Act 
 2434, p. 1402. 
 Chapter 188 — Lakeport, p. 1402. 
 
 hogs running at large. Act 2439, p. 1402. 
 Chapter 189 — Lakes, p. 1402. 
 
 lowering certain lake levels by United 
 States government, Act 2444, p. 1402. 
 Chapter 190 — Larceny, p. 1403. 
 
 conversion of fixtures, Act 2465, p. 1403. 
 gold dust, amalgam, quicksilver. Act 2466, 
 p. 1403. 
 Chapter 191 — Leases, p. 1404. 
 
 certain leases confirmed and ratified. Act 
 2483, p. 1404. 
 Chapter 192 — Legal Tender, p. 1405. 
 
 legal tender notes receivable at par for 
 taxes. Act 2488, p. 1405. 
 Chapter 193 — Legislation, p. 1405. 
 
 legislative counsel bureau. Act 2494, p. 
 
 1405. 
 Investigation of highway legislation. Act 
 2495, p. 1408. 
 Chapter 194 — Levee Districts, p. 1408. 
 levee district act of 1905, Act 2508, p. 
 
 1409. 
 validation act of 1915, Act 2509, p. 1415, 
 Bear river district No. 1, Act 2510, p. 1416. 
 levee district No. 1 of Sacramento county. 
 
 Act 2511, p. 1416. 
 levee district No. 1 of Sutter county. Act 
 2511a, p. 1416. 
 
 ( xvlll )
 
 TABLE OF CONTENTS. 
 
 Chapter 194 — tevee Districts — (Continued). 
 levee district No. 1 of Sutter county, 
 
 funding bonds, Act 2511b, p. 1417. 
 levee district No. 2 of Sutter county, Act 
 
 2511c, p. 1417. 
 levee district No. 2 of Sutter county, sup- 
 plementary act. Act 2512, p. 1417. 
 levee district No. 2 of Sutter county, 
 
 funding act, Act 2512a, p. 1417. 
 levee district No. 6 of Sutter county. Act 
 
 2513, p. 1417. 
 levee district No. 6 of Sutter county, 
 
 funding: act. Act 2514, p. 1417. 
 Palo "Verde joint levee district, valida- 
 tion, Act 2515, p. 1417. 
 levee and protection districts, refunding 
 
 act of 1897, Act 2516, p. 1418. 
 bond act of 1911, Act 2517, p. 1420. 
 Sacramento river west side levee district. 
 
 Act 2518, p. 1429. 
 Chapter 195 — Libel, p. 1440. 
 
 undertaking for costs, Act 2527, p. 1440. 
 Chapter 195a — Libraries, p. 1442. 
 
 municipal public libraries. Act 2530, p. 
 
 1442. 
 county free libraries. Act 2530a, p. 1445. 
 public libraries in unincorporated towns, 
 
 Act 2530b, p. 1450. 
 deposit of newspaper files in public 
 
 libraries. Act 2530c, p. 1458. 
 Chapter 196 — Licenses, p. 1458. 
 
 foreign miners' licenses, Act 2532, p. 
 
 1458. 
 licenses to certain aliens prohibited. Act 
 
 2533, p. 1459. 
 foreign miners' licenses fees granted to 
 
 mining counties. Act 2534, p. 1459. 
 enforcement of collection, Act 2535, p. 
 
 1459. 
 legalizing payments of salaries of license 
 
 collectors, Act 2536, p. 1459. 
 licenses on sheep raising, herding, etc., 
 
 Act 2537, p. 1459. 
 itinerants vendor's license. Act 2538, p. 
 
 1459. 
 bicycle license. Act 2539, p. 1461. 
 Chapter 197 — Liens, p. 1463. 
 
 lien on livestock for feeding, etc.. Act 
 
 2545, p. 1463. 
 loggers' lien. Act 2549, p. 1463. 
 Chapter 198 — Llvestoclc, p. 1466. 
 
 tampering with animals. Act 2560, p. 1466. 
 importation of diseased livestock. Act 
 
 2565, p. 1467. 
 
 preventing introduction of rabies. Act 
 
 2566, p. 1469. 
 
 preparation, inspection and sale of hog 
 cholera serums, etc., Act 2568, p. 
 1472. 
 
 prevention of spread of contagious ani- 
 mal diseases. Act 2568a, p. 1473. 
 
 herding and grazing of livestock by non- 
 residents. Act 2568b, p. 1474. 
 
 extermination of boophilus annulatua 
 tick. Act 2568c, p. 1475. 
 
 combinations to obstruct sale of live- 
 stock, Act 2568d, p. 1477. 
 
 cattle protection board, Act 2568e, p. 1478. 
 Chapter 199 — Logs. p. 1483. 
 
 standard of measurement. Act 2569, p. 
 1483. 
 
 Chapter 200 — Long: Beach, p. 1489. 
 
 freeholders' charter. Act 2574, p. 1489. 
 tideland grant. Act 2575, p. 1490. 
 Chapter 201 — Los Angeles City, p. 1491. 
 freeholders' charter. Act 2580, p. 1491. 
 irrigation improvement fund bond act, 
 
 Act 2582, p. 1496. 
 main sewer fund bond act, Act 2583, p. 
 
 1496. 
 "general irrigation fund" bond act, Act 
 
 2584, p. 1497. 
 Los Angeles street bond act. Act 2585, p. 
 
 1497. 
 ratifying deed to T. A. Sanchez, Act 2586, 
 
 p. 1497. 
 ratifying certain acts of city council. Act 
 
 2587, p. 1497. 
 pollution of public zanjas. Act 2591, p. 
 
 1497. 
 dedication of land for the widening of 
 
 Vermont avenue. Act 2593, p. 1497. 
 tideland grant, Act 2596, p. 1498. 
 tidelands required for public purposes. 
 
 Act 2597, p. 1499. 
 protection of navigation act of 1917, Act 
 
 2598, p. 1499. 
 protection of navigation act of 1919, Act 
 
 2600, p. 1500. 
 Chapter 202 — Los Angeles County, p. 1500. 
 protection of El Monte township from 
 
 overflow. Act 2609, p. 1501. 
 bridge across the Santa Ana river. Act 
 
 2622, p. 1501. 
 county charter. Act 2626, p. 1501. 
 "Los Angeles county flood control act," 
 
 Act 2627, p. 1501. 
 "Los Angeles county flood control dis- 
 trict," bond validation. Act 2628, p. 
 
 1510. 
 Los Nietos Irrigation district. Act 2631, p. 
 
 1511. 
 
 Chapter 203 — Los Nietos Collegiate Insti- 
 tute, p. 1511. 
 trustees empowered to acquire land. Act 
 2636. p. 1511. 
 
 Chapter 204 — Lost Warrants, p. 1512. 
 
 payment of lost warrants authorized. 
 Act 2646, p. 1512. 
 
 Chapter 205 — Madera County, p. 1513. 
 
 organization act. Act 2671, p. 1513. 
 Chapter 206 — Mad River, p. 1513. 
 
 improvement act of 1878, Act 2676, p. 1513, 
 improvement act of 1911, Act 2677, p. 1513. 
 Chapter 207 — Manufacturers, p. 1514. 
 
 labeling articles made from shoddy. Act 
 
 2682, p. 1514. 
 registration of factories, Act 2683, p. 1515. 
 medical and surgical appliances In fac- 
 tories. Act 2684, p. 1515. 
 sanitation of factories. Act 2685, p. 1516. 
 Chapter 208 — Maps, p. 1516. 
 
 recording maps of subdivisions. Act 2690, 
 
 p. 1516. 
 curative act of 1917, Act 2691, p. 1521. 
 alteration or vacation of recorded maps. 
 Act 2692, p. 1521. 
 Chapter 209 — Marin County, p. 1523. 
 
 coroner's fees in state prison cases. Act 
 
 2C96, p. 1523. 
 stock running at large, Act 2704, p. 152S. 
 Chapter 210 — Mnriitu.sa County, p. 1523. 
 
 <xlx>
 
 TABLE OF COXTENTS. 
 
 Chapter 211 — Marks and Brands, p. 1523. 
 marking citrus fruit containers. Act 2727, 
 
 p. 1523. 
 marking fresh and dried fruit containers, 
 
 Act 2728, p. 1524. 
 labeling articles manufactured in state 
 
 prisons, etc.. Act 2729, p. 1524. 
 perpetuation of marks and brands. Act 
 2730, p. 1525. 
 Chapter 212 — Marshall Monnment, p. 1526. 
 guardian of Marshall monument, Act 2746, 
 p. 1526. 
 Chapter 213 — Martinez, p. 1526. 
 
 release of land covered by Carquinez 
 straits. Act 2753, p. 1526. 
 Chapter 214 — Marysville, p. 1527. 
 
 board of city levee commissioners, Act 
 
 2759, p. 1527. 
 levee funding act of 1876, Act 2760, p. 
 1527. 
 Chapter 215 — Master and Servant, p. 1527. 
 day of rest from labor. Act 2770, p. 1527. 
 camp sanitation. Act 2772. p. 1523. 
 lunch hour in sawmills, Act 2773, p. 1530. 
 
 Chapter 215 — Master and Servant — (Cont'd), 
 misrepresentations as to conditions of 
 
 employment, Act 2774, p. 1530. 
 advertisements for employees during 
 
 strikes. Act 2774a, p. 1531. 
 Interference with political activities of 
 
 employees, Act 2774b, p. 1531. 
 "tipping act," Act 2774c, p. 1532. 
 "spotter act," Act 2774d, p. 1533. 
 temporary floor act. Act 2775, p. 1533. 
 "scaffolding act," Act 2776, p. 1534. 
 payment of wages by negotiable order, 
 
 Act 2777, p. 1535. 
 payment of wages act of 1919, Act 2778, p. 
 
 1536. 
 seasonal labor wages. Act 2779, p. 1539. 
 enforced purchase act. Act 2779a, p. 1539. 
 service letters for employees. Act 2779b, 
 
 p. 1540. 
 cost of bonds and photographs. Act 2779c, 
 
 p. 1540. 
 semi-monthly paydays for county em- 
 ployees, Act 2779d, p. 1541. 
 "workmen's compensation insurance and 
 
 safety act of 1917," Act 2781, p. 1542.
 
 CONSTITUTION OF THE UNITED STATES-1787. 
 
 We the people of the United States, in order to form a more perfect union, establish 
 justice, insure domestic tranquillity, provide for the common defense, promote the gen- 
 eral welfare, and secure the blessings of liberty to ourselves and our posterity, do 
 ordain and establish this constitution for the United States of America. 
 
 ARTICLE I. 
 
 $ 1. All legislative powers herein granted shall be vested in a congress of the United 
 States, which shall consist of a senate and house of representatives. 
 
 ^ 2. The house of representatives shall be composed of members chosen every second 
 year by the peojile of the several states, and the electors in each state shall have the 
 qualifications requisite for electors of the most numerous branch of the state legis- 
 lature. 
 
 No person shall be a representative who shall not have attained to the age of twenty- 
 five years, and been seven years a citizen of the United States, and who shall not, when 
 elected, be an inhabitant of that state in which he shall be chosen. 
 
 [Representatives and direct taxes shall be apportioned among the several states which 
 may be included within this union, according to their respective numbers, which shall 
 be determined by adding to the whole number of free persons, including those bound 
 to service for a term of years, and excluding Indians not taxed, three fifths of all other 
 persons.] The actual enumeration shall be made within three years after the first 
 meeting of the congress of the United States, and within every subsequent term of ten 
 years, in such manner as they shall by law direct. The number of representatives shall 
 not exceed one for every thirty thousand, but each state shall have at least one repre- 
 sentative ; and until such enumeration shall be made, the state of New Hampshire shall 
 be entitled to choose three, Massachusetts eight, Rhode Island and Providence Planta- 
 tions one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Dela- 
 ware one, Maryland six, Virginia ten. North Carolina five, South Carolina five, and 
 Georgia three. 
 
 When vacancies happen in the representation from any state, the executive authority 
 thereof shall issue writs of election to fill such vacancies. 
 
 The house of representatives shall choose their speaker and other officers; and shall 
 have the sole power of impeachment. 
 
 § 3. The senate of the United States shall be composed of two senators from each 
 state, elected by the people tliereof for six years; and each senator shall have one vote. 
 The electors in each state shall have the qualifications requisite for electors of the 
 most numerous branch of the state legislature. When vacancies happen in the repre- 
 sentation of any state in the senate the executive authority of such state shall issue 
 writs of election to fill such vacancy; provided that the legislature of any state may 
 empower the executive thereof to make temporary appointments until the people fill 
 the vacancies by election, as the legislature may direct. This amendment shall not be 
 so construed to affect the election or term of any senator chosen before it becomes 
 valid as part of the constitution. 
 
 [Ratified in 1913.] 
 
 Immediately after they shall be assembled in consequence of the first election, they 
 shall be divided as equally as may be into three classes. The seats of the senators 
 of the first class shall be vacated at the expiration of the second year, of the second 
 class at the expiration of the fourth year, and of the third class at the expiration of the 
 sixth year, so that one third may be chosen every second year; and if vacancies happen 
 
 ( Mi )
 
 CONSTITUTION OF THE UNITED STATES — 1787. 
 
 by resignation, or otherwise, during the recess of the legislature of any state, the execu- 
 tive thereof may make temporary appointments until the next meeting of the legis- 
 lature, which shall then fill such vacancies. 
 
 No person shall be a senator who shall not have attained to the age of thirty years, 
 and been nine years a citizen of the United States, and who shall not, when elected, be 
 an inhabitant of that state for which he shall be chosen. 
 
 The vice-president of the United States shall be president of the senate, but shall 
 have no vote unless they be equally divided. 
 
 The senate shall choose their other officers, and also a president pro tempore, in the 
 absence of the vice-president, or when he shall exercise the office of president of the 
 United States. 
 
 The senate shall have the sole power to try all impeachments. When sitting for that 
 purpose, they shall be on oath or affirmation. When the president of the United States 
 is tried, the chief justice shall preside: And no person shall be convicted without the 
 concurrence of two thirds of the members present. 
 
 Judgment in cases of impeachment shall not extend further than to removal from 
 office, and disqualification to hold and enjoy any office of honor, trust or profit under 
 the United States; but the party convicted shall nevertheless be liable and subject to 
 indictment, trial, judgment and punishment, according to law. 
 
 ^ 4. The times, places and manner of holding elections for senators and representa- 
 tives, shall be prescribed in each state, by the legislature thereof; but the congress 
 may at any time by law make or alter such regulations, except as to the places of 
 choosing senators. 
 
 The congress shall assemble at least once in every year, and such meeting shall be 
 on the first Monday in December, unless they shall by law appoint a different day. 
 
 ^ 5. Each house shall be the judge of the elections, returns and qualifications of its 
 own members, and a majority of each shall constitute a quorum to do business; but a 
 smaller number may adjourn from day to day, and may be authorized to compel the 
 attendance of absent members, in such manner, and under such penalties as each house 
 may provide. 
 
 Each house may determine the rules of its proceedings, punish its members for 
 disorderly behavior, and, with the concurrence of two thirds, expel a member. 
 
 Each house shall keep a journal of its proceedings, and from time to time publish 
 the same, excepting such parts as may in their judgment require secrecy-; and the 
 yeas and nays of the members of either house on any question shall, at the desire of 
 one fifth of those present, be entered on the journal. 
 
 Neither house, during the session of congress, shall without the consent of the 
 other, adjourn for more than three days, nor to any other place than that in which the 
 two houses shall be sitting. 
 
 $ 6. The senators and representatives shall receive a compensation for their services, 
 to be ascertained by law, and paid out of the treasury of the United States. Thej- shall 
 in all eases, except treason, felony and breach of the peace, be privileged from arrest 
 during their attendance at the session of their respective houses, and in going to and 
 from the same; and for any speech or debate in either house, they shall not be ques- 
 tioned in any other place. 
 
 No senator or representative shall, during the time for which he was elected, be 
 appointed to any civil office under the authority of the United States, which shall have 
 been created, or the emoluments whereof shall have been increased during such time; 
 and no person holding any office under the United States, shall be a member of either 
 house during his continuance in office. 
 
 § 7. All bills for raising revenue shall originate in the house of representatives; but 
 the senate may propose or concur with amendments as on other bills.
 
 COXSTITrTIOX OF THE IXITED STATES — 17S7. 
 
 Every bill which shall have passed the house of representatives and the senate, shall, 
 before it become a law, be presented to the president of the United States ; if he approve 
 he shall sign it, but if not he shall return it, with his objections, to that house in which 
 it shall have originated, who shall enter the objections at large on their journal, and 
 proceed to reconsider it. If after such reconsideration two thirds of that house shall 
 agree to pass the bill, it shall be sent, together with the objections, to the other house, 
 by which it shall likewise be reconsidered, and if approved by two thirds of that 
 house, it shall become a law. But in all such cases the votes of both houses shall be 
 determined by yeas and nays, and the names of the persons voting for and against the 
 bill shall be entered on the journal of each house respectively. If any bill shall not 
 be returned by the president within ten days (Sundays excepted) after it shall have 
 been presented to him, the same shall be a law, in like manner as if he had signed it, 
 unless the congress by their adjournment prevent its return, in which case it shall not 
 be a law. 
 
 Every order, resolution, or vote to which the concurrence of the senate and house 
 of representatives may be necessarj' (except on a question of adjournment) shall be 
 presented to the president of the United States; and before the same shall take effect, 
 shall be approved by him, or being disapproved by him, shall be repassed by two thirds 
 of the senate and house of representatives, according to the rules and limitations pre- 
 scribed in the case of a bill. 
 
 $ 8. The congress shall have power to lay and collect taxes, duties, imposts and 
 excises, to pay the debts and provide for the common defense and general welfare of 
 the United States; but all duties, imposts and excises shall be uniform throughout the 
 United States; 
 
 To borrow money on the credit of the United States; 
 
 To regulate commerce with foreign nations, and among the several states, and with 
 the Indian tribes; 
 
 To establish an uniform rule of naturalization, and uniform laws on the subject of 
 bankruptcies throughout the United States; 
 
 To coin money, regulate the value thereof, and of foreign coin, and fix the standard 
 of weights and measures ; 
 
 To provide for the punishment of counterfeiting the securities and current coin of 
 the United States ; 
 
 To establish post-offices and post-roads; 
 
 To promote the progress of science and useful arts, by securing for limited times to 
 authors and inventors the exclusive right to their respective writings and discoveries; 
 
 To constitute tribunals inferior to the supreme court; 
 
 To define and punish piracies and felonies committed on the high seas, and offenses 
 against the law of nations; 
 
 To declare war, grant letters of marque and reprisal, and make rules concerning 
 captures on land and water; 
 
 To raise and support armies, but no appropriations of money to that use shall be for 
 a longer term than two years; 
 
 To provide and maintain a navy; 
 
 To make rules for the government and regulation of the land and naval forces; 
 
 To provide for calling forth the militia to execute the laws of the Union, suppress 
 insurrections and repel invasions; 
 
 To provide for organizing, arming, and disciplining the militia, and for governing 
 such part of them as may be employed in the service of the United States, reserving 
 to the states, respectively, the appointment of the officers, and the authority of training 
 the militia according to the discipline prescribed by congress; 
 
 ( Miii )
 
 CONSTITUTION OF THE UNITED STATES — 17S7. 
 
 To exercise exclusive legislation in all cases whatsoever, over such district (not 
 exceeding ten miles square) as may, by cession of particular states, and the acceptance 
 of congress, become the seat of the government of the United States, and to exercise 
 like authority over all places purchased by the consent of the legislature of the state 
 in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, 
 and other needful buildings; — And 
 
 To make all laws which shall be necessary and proper for carrying into execution 
 the foregoing powers, and all other powers vested by this constitution in the govern- 
 ment of the United States, or in any department or officer thereof. 
 
 ^ 9. The migration or importation of such persons as any of the. states now existing 
 shall think proper to admit, shall not be prohibited by congress prior to the year one 
 thousand eight hundred and eight, but a tax or duty may be imposed on such importa- 
 tion, not exceeding ten dollars for each person. 
 
 The privilege of the writ of habeas corpus shall not be suspended, unless when in 
 eases of rebellion or invasion the public safety may require it. 
 No bill of attainder or ex post facto law shall be passed. 
 
 No capitation, or other direct, tax shall be laid, unless in proportion to the census 
 or enumeration hereinbefore directed to be taken. 
 
 No tax or duty shall be laid on articles exported from any state. 
 No preference shall be given by any regulation of commerce or revenue to the ports 
 of one state over those of another : nor shall vessels bound to, or from, one state, be 
 obliged to enter, clear, or pay duties in another. 
 
 No money shall be drawn from the treasury but in consequence of appropriations 
 made by law; and a regular statement and account of the receipts and expenditures 
 of all ijublic money shall be published from time to time. 
 
 No title of nobility shall be granted by the United States: And no person holding 
 any office or profit or trust under them, shall, without the consent of the congress, 
 accept of any present, emolument, office, or title, of any kind whatever, from any king, 
 prince, or foreign state. 
 
 §10. No state shall enter into any treaty, alliance, or confederation; grant letters 
 of marque and reprisal; coin money, emit bills of credit; make anything but gold and 
 silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, 
 or law impairing the obligation of contracts, or grant any title of nobility. 
 
 No state shall, without the consent of the congress, lay any imposts or duties on 
 imports or exports, except what may be absolutely necessary for executing its inspec- 
 tion laws: and the net produce of all duties and imposts, laid by any state on imports 
 or exports, shall be for the use of the treasury of the United States; and all such laws 
 shall be subject to the revision and control of the congress. 
 
 No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, 
 or ships of war in time of peace, enter into any agreement or compact with another 
 state, or with a foreign power, or engage in war, unless actually invaded, or in such 
 imminent danger as will not admit of delay. 
 
 ARTICLE II, 
 
 § 1. The executive power shall be vested in a president of the United States of 
 America. He shall hold his office during the term of four years, and, together with 
 the vice-president, chosen for the same term, be elected as follows: 
 
 Each state shall appoint, in such manner as the legislature thereof may direct, a 
 number of electors, equal to the whole number of senators and representatives to which 
 the state may be entitled in the congress; but no senator or representative, or person 
 holding an office of trust or profit under the United States, shall be appointed an 
 elector. 
 
 (Miv)
 
 CONSTITUTION OF THE UNITED STATES — 1787. 
 
 [The electors shall meet in their respective states, and vote b}' ballot for two persons, 
 of whom one at least shall not be an inhabitant of the same state with themselves. 
 And they shall make a list of all the persons voted for, and of the number of votes for 
 each; which list they shall sign and certify, and transmit sealed to the seat of the 
 government of the United States, directed to the president of the senate. The president 
 of the senate shall, in the presence of the senate and house of representatives, open all 
 the certificates, and the votes shall then be counted. The person having the greatest 
 number of votes shall be the president, if such number be a majority of the whole 
 number of electors appointed; and if there be more than one who have such majority, 
 and have an equal number of votes, then the house of representatives shall immediately 
 choose by ballot one of them for president ; and if no person have a majority, then from 
 the five highest on the list the said house shall in like manner choose the president. 
 But in choosing the president, the votes shall be taken by states, the representation 
 from each state having one vote; a quorum for this purpose shall consist of a member 
 or members from two thirds of the states, and a majority of all the states shall be 
 necessary to a choice. In every case, after the choice of the president, the person 
 having the greatest number of votes of the electors shall be the vice-president. But 
 if there should remain two or more who have equal votes, the senate shall choose from 
 them by ballot the vice-president.] [This paragraph is superseded by article XTT of 
 the Amendments to the Constitution, post p. xxvi.] 
 
 The congress may determine the time of choosing the electors and the day on which 
 they shall give their votes; which day shall be the same throughout the United States. 
 
 No person except a natural-born citizen, or a citizen of the United States, at the time 
 of the adoption of this constitution, shall be eligible to the office of president; neither 
 shall any person be eligible to that office who shall not have attained to the age of 
 thirty-five years, and been fourteen years a resident within the United States. 
 
 In case of the removal of the president from office, or of his death, resignation, or 
 inability to discharge the powers and duties of the said office, the same shall devolve 
 on the vice-president, and the congress may by law provide for the case of removal, 
 death, resignation, or inability, both of the president and vice-president, declaring what 
 officer shall then act as president, and such officer shall act accordingly, until dis^ 
 ability be removed, or a president shall be elected. 
 
 The president shall, at stated times, receive for his services, a compensation, which 
 shall neither be increased nor diminished during the period for which he shall have 
 been elected, and he shall not receive within that period any other emolument from the 
 United States, or any of them. 
 
 Before he enter on the execution of his office, he shall take the following oath or 
 affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the office 
 of president of the United States, and will to the best of my ability, preserve, protect 
 and defend the constitution of the United States." 
 
 $ 2. The president shall be commander-in-chief of the army and navy of the United 
 States, and of the militia of the several states, when called into the actual sersnce of 
 the United States; he may require the opinion, in writing, of the principal officer in 
 each of the executive departments, upon any subject relating to the duties of their 
 respective offices, and he shall have power to grant reprieves and pardon for offenses 
 against the United States, except in cases of impeachment. 
 
 He shall have power, by and with the advice and consent of the senate, to make 
 treaties, provided two thirds of the senators present concur; and he shall nominate, 
 and by and with the advice and consent of the senate, shall appoint ambassadors, other 
 public ministers and consuls, judges of the supreme court, and all other officers of the 
 United States, whose appointment are not herein otherwise provided for, and which 
 shall be established by law; but the congress may by law vest the appointment of such 
 
 ( XXV )
 
 CONSTITUTION OP THE UNITED STATES — 1787. 
 
 inferior officers, as they think proper, in the president alone, in the courts of law, or in 
 the heads of departments. 
 
 The president shall have power to fill up all vacancies that may happen during the 
 recess of the senate, by granting commissions which shall expire at the end of their 
 next session. 
 
 § 3. He shall from time to time give to the congress information of the state of the 
 Union, and recommend to their consideration such measures as he shall judge necessary 
 and expedient; he maj', on extraordinary occasions, convene both houses, or either of 
 them, and in case of disagreement between them, with respect to the time of adjourn- 
 ment, he may adjourn them to such time as he shall think proper; he shall receive 
 ambassadors and other public ministers; he shall take care that the laws be faithfully 
 executed, and shall commission all the officers of the United States. 
 
 § 4. The president, vice-president and all civil officers of the United States, shall be 
 removed from office on impeachment for, and conviction of, treason, bribery, or other 
 high crimes and misdemeanors. 
 
 ARTICLE in. 
 
 § 1. The judicial power of the United States shall be vested in one supreme court, 
 and in such inferior courts as the congress may from time to time ordain and estab- 
 lish. The judges, both of the supreme and inferior courts, shall hold their offices during 
 good behavior, and shall, at stated times, receive for their services a compensation 
 which shall not be diminished during their continuance in office. 
 
 $ 2, The judicial power shall extend to all cases, in law and equity, arising under 
 this constitution, the laws of the United States, and treaties made, or which shall be 
 made, under their authority; — to all cases affecting ambassadors, other public ministers, 
 and counsels; — to all cases of admiralty and maritime jurisdiction; — to controversies 
 to which the United States shall be a party; — to controversies between two or more 
 state; — between a state and citizens of another state; — between citizens of different 
 state, — between citizens of the same state claiming lands under grants of different 
 states, and between a state, or the citizens thereof, and foreign states, citizens or 
 subjects. 
 
 In all cases affecting ambassadors, other public ministers and consuls, and those in 
 which a state shall be party, the supreme court shall have original jurisdiction. In all 
 the other cases before mentioned, the supreme court shall have appellate jurisdiction, 
 both as to law and fact, with such exceptions, and under such regulations as the con- 
 gress shall make. 
 
 The trial of all crimes, except in cases of impeachment, shall be by jury; and such 
 trial shall be held in the state where the said crime shall have been committed; but 
 when not committed within any state, the trial shall be at such place or places as the 
 congress may by law have directed. 
 
 § 3. Treason against the United States shall consist only in levying war against 
 them or in adhering to their enemies, giving them aid and comfort. No person shall be 
 convicted of treason unless on the testimony of two witnesses to the same overt act, or 
 on confession in open court. 
 
 The congress shall have power to declare the punishment of treason, but no attainder 
 of treason shall work corruption of blood, or forfeiture except during the life of the 
 person attainted 
 
 ARTICLE IV. 
 
 § 1. Full faith and credit shall be given in each state to the public acts, records, 
 and judicial proceedings of every other state. And the congress may by general law3 
 prescribe the manner in which such acts, records and proceedings shall be proved, 
 and the effect thereof. 
 
 ( xxvi )
 
 CONSTITUTION OF THE UNITED STATES — 1787. 
 
 $ 2. The citizens of each state shall be entitled to all privileges and immunities of 
 citizens in the several states. 
 
 A person charged in any state with treason, felony, or other crime, who shall flee from 
 justice, and be found in another state, shall, on demand of the executive authority of 
 the state from which he fled, be delivered up to be removed to the state having juris- 
 diction of the crime. 
 
 No person held to service or labor in one state, under the laws thereof, escaping into 
 another, shall, in consequence of any law or regulation therein, be discharged from 
 such service or labor, but shall be delivered up on claim of the party to whom such 
 service or labor may be due. 
 
 $ 3, New states may be admitted by the congress into this Union; but no new state 
 shall be formed or erected within the jurisdiction of any other state; nor any state be 
 formed by the junction of two or more states, or parts of states, without the consent 
 of the legislatures of the states concerned as well as of the congress. 
 
 The congress shall have power to dispose of and make all needful rules and regula- 
 tions respecting the territory or other property belonging to the United States; and 
 nothing in this constitution shall be so construed as to prejudice any claims of the 
 United States, or of any particular state. 
 
 $ 4. The United States shall guarantee to every state in this Union a republican form 
 of government, and shall protect each of them against invasion; and on application of 
 the legislature, or of the executive (when the legislature can not be convened) against 
 domestic violence. 
 
 ARTICLE V. 
 
 The congress, whenever two thirds of both houses shall deem it necessary, shall 
 propose amendments to this constitution, or, on the application of the legislatures of 
 two thirds of the several states, shall call a convention for proposing amendments, 
 which, in either case, shall be valid to all intents and purposes, as part of this con- 
 stitution, when ratified by the legislatures of three fourths of the several states, or by 
 conventions in three fourths thereof, as the one or the other mode of ratification may 
 be proposed by the congress; provided that no amendment which may be made prior 
 to the year one thousand eight hundred and eight shall in any manner affect the 
 first and fourth clauses in the ninth section of the first article; and that no state, with- 
 out its consent, shall be deprived of its equal suffrage in the senate. 
 
 ARTICLE VI. 
 
 All debts contracted and engagements entered into, before the adoption of this con- 
 stitution, shall be as valid against the United States under this constitution, as under 
 the confederation. 
 
 This constitution, and the laws of the United States which shall be made in pursuance 
 thereof; and all treaties made, or which shall be made, under the authority of the United 
 States, shall be the supreme law of the land; and the judges in every state shall be 
 bound thereby, anything in the constitution or laws of any state to the contrary not- 
 withstanding. 
 
 The senators and representatives before mentioned, and the members of the several 
 state legislatures, and all executive and judicial officers, both of the United States and 
 of the several states, shall be bound by oath or affirmation, to support this constitution; 
 but no religious test shall ever be required as a qualification to any office or public trust 
 under the United States. 
 
 ( xxvll )
 
 CONSTITUTION OF THE UNITED STATES — 1787. 
 
 ARTICLE VII. 
 RATIFICATION OF CONSTITUTION. 
 
 The ratification of the conventions of nine states shall be sufficient for the establish- 
 ment of this constitution between the states so ratifjdng the same. 
 Done in convention by the unanimous consent of the states present the seventeenth day 
 
 of September in the year of our Lord one thousand seven hundred and eighty-seven, 
 
 and of the independence of the United States of America the twelfth. In witness 
 
 whereof we have hereunto subscribed our names. 
 
 GEO. WASHINGTON, 
 President and Deputy from Virginia. 
 
 New Hampshire — John Langdon, Nicholas Oilman. 
 
 Massachusetts — Nathaniel Gorham, Rufus King. 
 
 Connecticut — William Samuel Johnson, Roger Sherman. 
 
 New York — Alexander Hamilton, 
 
 New Jersey — William Livingston, David Brearley, William Paterson, Jonathan 
 Dayton. 
 
 Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, 
 Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur Morris. 
 
 Delaware — George Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, 
 Jacob Broom. 
 
 Maryland — Jame McHenry, Daniel St. Tho. Jenifer, Daniel Carroll. 
 
 Virginia — John Blair, James Madison, Jr. 
 
 North Carolina — William Blount, Richard Dobbs Spaight, Hugh Williamson. 
 
 South Carolina— John Rutledge, Charles C. Pinckney, Charles Pinekney, Pierce 
 Butler. 
 
 Georgia — William Few, Abraham Baldwin. 
 
 Attest:— WILLIAM JACKSON, Secretary. 
 
 AMENDMENTS. 
 
 To the Constitution of the United States, Ratified According to the Provisions of the 
 Fifth Article of the Foregoing Constitution. 
 
 ARTICLE I. 
 
 Congress shall make no law respecting an establishment of religion, or prohibiting the 
 free exercise thereof; or abriding the freedom of speech, or of the press; or the right 
 of the people peaceably to assemble, and to petition the government for a redress of 
 grievances. [Amendment, proposed 25th September, 1789; ratified 15th December, 
 1791.] 
 
 ARTICLE II. 
 
 A well-guarded militia, being necessary to the security of a free state, the right of 
 the people to keep and bear arms shall not be infringed, [Amendment, proposed 25th 
 September, 1789; ratified 15th December, 1791.] 
 
 ARTICLE in. 
 
 No soldier shall, in time of peace be quartered in any house, without the consent of 
 the owner, nor in time of war but in a manner to be prescribed by law. [Amendment, 
 proposed 25th September, 1789; ratified 15th December, 1791.] 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their persons, houses, papers, and effects, 
 af^'ainst unreasonable searches and seizures, shall not be violated, and no warrants shall 
 
 ( xxviii )
 
 CONSTITUTION OF THE UNITED STATES — 1787. 
 
 issue, but upon probable cause, supported by oath or aflBrmation, and particularly 
 describing the place to be searched, and the person or things to be seized. [Amend- 
 ment^ proposed 25th September, 1789; ratified 15th December, 1791.] 
 
 ARTICLE V. 
 
 No person shall be held to answer for a capital, or otherwise infamous crime, unless 
 on a presentment or indictment of a grand jury, except in cases arising in the land or 
 naval forces, or in the militia, when in actual service in time of war or public danger; 
 nor shall any person be subject for the same offense to be twice put in jeopardy of life 
 or limb; nor shall be comi^elled in any criminal case to be a witness against himself, 
 nor be deprived of life, liberty, or propertj-^, without due process of law; nor shall 
 private property be taken for public use, without just compensation. [Amendment, 
 proposed 25th September, 1789; ratified 15th December, 1791.] 
 
 ARTICLE VI. 
 
 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public 
 trial, by an impartial jury of the state and district wherein the crime shall have been 
 committed, which district shall have been previously ascertained by law, and to be 
 informed of the nature and cause of the accusation; to be confronted with the witnesses 
 against him; to have compulsory process for obtaining witnesses in his favor, and to 
 have the assistance of counsel for his defense. [Amendment, proposed 25th September, 
 1789; ratified 15th December, 1791.] 
 
 ARTICLE VIL 
 
 In suits at common law, where the value in controversy shall exceed twenty dollars, 
 the right of trial by jury shall be preserved, and no fact tried by a jury shall be other- 
 wise re-examined in any court of the United States, than according to the rules of the 
 common law. [Amendment, proposed 25th September, 1789; ratified 15th December, 
 1791.] 
 
 ARTICLE Vin. 
 
 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and 
 unusual punishments inflicted. [Amendment, proposed 25th September, 1789; ratified 
 15th December, 1791.] 
 
 ARTICLE IX. 
 
 The enumeration in the constitution, of certain rights, shall not be construed to deny 
 or disparage others retained by the people. [Amendment, proposed 25th September, 
 1789; ratified 15th September, 1791.] 
 
 ARTICLE X. 
 
 The powers not delegated to the United States by the constitution, nor prohibited by 
 it to the states, are reserved to these states respectively, or to the people. [Amendment, 
 proposed 25th September, 1789; ratified 15th December, 1791.] 
 
 ARTICLE XL 
 
 The judicial power of the United States shall not be construed to extend to any suit 
 in law or equity, commenced or prosecuted against one of the United States by citizens 
 of another state, or by citizens or subjects of any foreign state. [Amendment, proposed 
 5th March, 1794; ratified 8th January, 1798.] 
 
 ARTICLE Xn. 
 
 The electors shall meet in their respective states, and vote by ballot for president and 
 vice-president, one of whom, at least, shall not be an inhabitant of the same state willi 
 
 { xxlx )
 
 CONSTITUTION OF THK I MTED STATES— 1787. 
 
 themselves; they shall name in their ballots the person voted for as president, and in 
 distinct ballots the person voted for as vice-president, and they shall make distinct lists 
 of all persons voted for as president, and of all persons voted for as vice-president, 
 and of the number of votes for each, which lists they shall sign and certify, and trans- 
 mit sealed to the seat of government of the United States, directed to the president of 
 the senate;— the president of the senate shall, in presence of the senate and house 
 of representatives, open all the certificates and the votes shall then be counted; — the 
 person having the greatest number of votes for president shall be the president, if such 
 number be a majority of the whole number of electors appointed ; and if no person have 
 such majority, then from the persons having the highest numbers, not exceeding three 
 on the list of those voted for as president, the house of representatives shall choose 
 immediately, by ballot, the president. But in choosing the president, the votes shall be 
 taken by states, the representation from each state having one vote; a quorum for this 
 purpose shall consist of a member or members from two thirds of the states, and a 
 majority of all the states shall be necessary to a choice. And if the house of repre- 
 sentatives shall not choose a president whenever the right of choice shall devolve upon 
 them, before the fourth day of March next following, then the vice-president shall act as 
 president, as in the case of the death or other constitutional disability of the president. 
 
 The person having the greatest number of votes as vice president, shall be the vice- 
 president, if such number be a majority of the whole number of electors appointed ; and 
 if no person have a majority, then from the two highest numbers on the list, the senate 
 shall choose the vice-president ; a quorum for the purpose shall consist of two thirds of 
 the whole number of senators, and a majority of the whole number shall be necessary 
 to a choice. 
 
 But no person constitutionally ineligible to the office of president shall be eligible to 
 that of vice-president of the United States. [Amendment, proposed 12th December, 
 1803; ratified 5th September, 1804.] 
 
 ARTICLE XIII. 
 
 ^ 1. Neither slavery nor involuntary servitude, except as a punishment for crime 
 whereof the party shall have been duly convicted, shall exist within the United States, 
 or any place subject to their jurisdiction. 
 
 $2. Congress shall have power to enforce this article by appropriate legislation. 
 [Proposed 1st February, 1865; ratification declared December 18, 1865.] 
 
 ARTICLE XIV. 
 
 5 1. All persons born or naturalized in the United States, and subject to the jurisdic- 
 tion thereof, are citizens of the United States and of the state wherein they reside. 
 No state shall make or enforce any law which shall abridge the privileges or immunities 
 of citizens of the United States; nor shall any state deprive any person of life, liberty, 
 or property, without a due process of law ; nor deny to any person within its jurisdiction 
 the equal protection of the laws. 
 
 § 2. Representatives shall be apportioned among the several states according to their 
 respective numbers, counting the whole number of persons in each state, excluding 
 Indians not taxed. But when the right to vote at any election for the choice of electors 
 for president and vice-president of the United States, representatives in congress, the 
 executive and judicial officers of a state or the members of the legislature thereof, is 
 denied to any of the male inhabitants of such state, being twenty-one years of age, and 
 citizens of the United States, or in any way abridge, except for participation in rebel- 
 lion or other crime, the basis of representation therein shall be reduced in the propor- 
 tion which the number of such male citizens shall bear to the whole number of male 
 citizens twenty-one years of age in such state. 
 
 (XXX )
 
 COIVSTITUTIOX OF THE IXITED STATES — 1787. 
 
 $ 3. No person shall be a senator or representative in congress, or elector of presi- 
 dent and vice-president, or hold any oflSce, civil or military, under the United States, 
 or under any state, who, having previously taken an oath, as a member of congress, or 
 as an oflBcer of the United States, or as a member of any state legislature, or as an 
 executive or judicial officer of any state, to support the constitution of the United States, 
 shall have been engaged in insurrection or rebellion against the same, or given aid or 
 comfort to the enemies thereof. But congress may, by a vote of two thirds of each 
 house, remove such disability. 
 
 $ 4. The validity of the public debt of the United States, authorized by law, includ- 
 ing debts incurred for payment of pensions and bounties for services in suppressing 
 insurrection or rebellion, shall not be questioned. But neither the United States nor 
 any state shall assume or pay any debt or obligation incurred in aid of insurrection or 
 rebellion against the United States, or any claim for the loss or emancipation of any 
 slave; but all such debts, obligations and claims shall be held illegal and void. 
 
 $ 5. The congress shall have power to enforce, by appropriate legislation, the provi- 
 sions of this article. [Proposed 16th June, 1866; ratification declared 21st July, 1868.] 
 
 ARTICLE XV. 
 
 $ 1. The right of citizens of the United States to vote shall not be denied or abridged 
 by the United States or by any state on account of race, color, or previous condition 
 of servitude. 
 
 $ 2. The congress shall have power to enforce this article by appropriate legislation. 
 [Proposed 27th February, 1869; declared ratified 30th March, 1870.] 
 
 ARTICLE XVI. 
 
 Congress shall have power to lay and collect taxes on incomes from whatever source 
 derived without apportionment among the several states and without regard to census 
 enumeration. [Ratified in 1913.] 
 
 ARTICLE XVIL 
 
 Bee paragraph one of Article I, § 3, ante. 
 
 ARTICLE XVIII. 
 
 $ 1. After one year from the ratification of this article the manufacture, sale, or 
 transportation of intoxicating liquors within, the importation thereof into, or the expor- 
 tation thereof from the United States and all territory subject to the jurisdiction thereof 
 for beverage purposes is hereby prohibited. 
 
 $ 2. The congress and the several states shall have concurrent power to enforce this 
 article by appropriate legislation. 
 
 $ 3. This article shall be inoperative unless it shall have been ratified as an amend- 
 mtnt to the constitution by the legislatures of the several states as provided in the 
 constitution, within seven years from the date of the submission hereof to the states by 
 the congress. [Ratification proclaimed January 16, 1919.] 
 
 ARTICLE XIX. 
 
 Ihe right of citizens of the United States to vote shall not be denied or abridged by 
 the United States or any state on account of sex. Congress shall have power to enforce 
 this article by appropriate legislation. [Ratification proclaimed August 26, 1920.] 
 
 (xxxi )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA 
 
 PREAMBLE AND DECLARATION OF RIGHTS. 
 
 PEEAMBLE. 
 We, the people of the state of California, grateful to Almighty God for onr freedom, 
 in order to secure and perpetuate its blessings, do establish this Constitution. 
 
 ARTICLE L 
 DECLARATION OF RIGHTS. 
 
 Section 1. All men are by nature free and independent, and have certain inalienable 
 rights, among which are those of enjoying and defending life and liberty; acquiring, 
 possessing, and protecting property; and pursuing and obtaining safety and happiness. 
 
 See. 2. All political power is inherent in the people. Government is instituted 
 for the protection, security, and benefit of the people, and they have the right to alter 
 or reform the same whenever the public good may require it. 
 
 Sec. 3. The state of California is an inseparable part of the American Union, 
 and the Constitution of the United States is the supreme law of the land. 
 
 Sec. 4. The free exercise and enjoyment of religious profession and worship, 
 without discrimination or preference, shall forever be guaranteed in this state ; and no 
 person shall be rendered incompetent to be a witness or juror on account of his 
 opinions on matters of religious belief; but the liberty of conscience hereby secured 
 shall not be so construed as to excuse acts of licentiousness, or justify practices incon- 
 sistent with the peace or safety of this state. 
 
 Sec. 5. The privilege of the writ of habeas corpus shall not be suspended unless 
 when, in cases of rebellion or invasion, the public safety may require its suspension. 
 
 Sec. 6. All persons shall be bailable by suflScient sureties, unless for capital 
 offenses when the proof is evident or the presumption great. Excessive bail shall not 
 be required, nor excessive fines imj^osed; nor shall cruel or unusual punishments be 
 inflicted. Witnesses shall not be unreasonably detained, nor confined in any room 
 where criminals are actually imprisoned. 
 
 Sec. 7. The right of trial by jury shall be secured to all, and remain inviolate; 
 but in civil actions three-fourths of the jury may render a verdict. A trial by jury 
 may be waived in all criminal cases not amounting to felony, by the consent of both 
 parties, expressed in open court, and in civil actions by the consent of the parties, 
 signified in such manner as may be prescribed by law. In civil actions and cases of 
 misdemeanor, the jury may consist of twelve, or of any number less than twelve upon 
 which the parties may agree in open court. 
 
 Sec. 8. Offenses heretofore required to be prosecuted by indictment shall be 
 prosecuted by information, after examination and commitment by a magistrate, or by 
 indictment, with or without such examination and commitment, as may be prescribed 
 by law. A grand jury shall be drawn and summoned at least once a year in each county. 
 
 Sec. 9. Ever}' citizen may freely speak, write, and publish his sentiments on all 
 subjects, being responsible for the abuse of that right; and no law shall be passed to 
 restrain or abridge the liberty of speech or of the press. In all criminal prosecutions 
 for libels, the truth may be given in evidence to the jury; and if it shall appear to the 
 jury that the matter charged as libelous is true, and was published with good motives, 
 and for justifiable ends, the party shall be acquitted; and the jurj' shall have the right 
 
 ( xxxii )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 to determine the law and the fact. Indictments found, or information laid, for publi- 
 cations in newspapers, shall be tried in the county where such newspapers have their 
 publication office, or in the county where the party alleged to be libeled resided at the 
 time of the alleged publication, unless the place of trial shall be changed for good 
 cause. 
 
 Sec. 10. The people shall have the right to freely assemble together to consult 
 for the common good, to instruct their representatives, and to petition the legislature 
 for redress of grievances. 
 
 Sec. 11. All laws of a general nature shall have a uniform operation. 
 
 See. 12. The military shall be subordinate to the civil power. No standing army 
 shall be kept up by this state in time of peace, and no soldier shall, in time of peace, be 
 quartered in any house without the consent of the owner; nor in time of war, 'except 
 in the manner prescribed by law. 
 
 Sec. 13. In criminal prosecutions, in any court whatever, the party accused shall 
 have the right to a speedy and public trial; to have the process of the court to compel 
 the attendance of witnesses in his behalf, and to apjDear and defend, in person and with 
 counsel. No person shall be twice put in jeoiDardy for the same offense; nor be com- 
 pelled, in any criminal case, to be a witness against himself; nor be deprived of life, 
 liberty or property without due process of law. The legislature shall have power to 
 provide for the taking, in the presence of the party accused and his counsel, of depo- 
 sitions of witnesses, in criminal eases other than eases of homicide, when there is reason 
 to believe that the witness, from inability or other cause, will not attend at the trial. 
 
 Sec. 14. Private jiroperty shall not be taken or damaged for public use without 
 just compensation having first been made to, or paid into court for, the owner, and no 
 right of way shall be appropriated to the use of any corporation, except a municipal 
 corporation or a county, until full compensation therefor be first made in money or 
 ascertained and paid into court for the owner, irrespective of any benefits from 
 any improvement composed bj' such corporation, which compensation shall be ascer- 
 tained by a jury, unless a jury be waived, as in other civil cases in a court of rec- 
 ord, as shall be prescribed by law; provided, that in an action in eminent domain 
 brought by the state, or a county, or a municipal corporation, or a drainage, irrigation, 
 levee, or reclamation district, the aforesaid state or political subdivision thereof or dis- 
 trict may take immediate possession and use of any right of way required for a public 
 use whether the fee thereof or an easement therefor be sought upon first commencing 
 eminent domain proceedings according to law in a court of competent jurisdiction and 
 thereupon giving such security in the way of money deposits as the court in which such 
 proceedings are pending may direct, and in such amounts as the court may determine 
 to be reasonably adequate to secure to the owner of the property sought to be taken 
 immediate payment of just compensation for such taking and any damage incident 
 thereto, including damages sustained by reason of an adjudication that there is no 
 necessity for taking the property, as soon as the same can be ascertained according to 
 law. The court may, upon motion of any party to said eminent domain proceedings, 
 after such notice to the other parties as the court may prescribe, alter the amount of 
 such security so required in such proceedings. The taking of private property for a 
 railroad run by steam or electric power for logging or lumbering purposes shall be 
 deemed a taking for a public use, and any person, firm, company or corporation taking 
 private property under the law of eminent domain for such purposes shall there- 
 upon and thereby become a common carrier. [Amendment adopted November 5, 1918.] 
 
 Sec. 15. No person shall be imprisoned for debt in any civil action, on mesne 
 or final process, unless in cases of fraud, nor in civil actions for torts, except in 
 cases of wilful injury to person or property; and no person shall be imprisoned 
 for a militia fine in time of peace.
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligations 
 of contracts, shall ever be passed. 
 
 Sec. 17. Foreigners, of the white race, or of African descent, eligible to 
 become citizens of the United States under the naturalization laws thereof, while 
 bona fide residents of this state, shall have the same rights in respect to the acqui- 
 sition, possession, enjoyment, transmission, and inheritance of all property, other 
 than real estate, as native born citizens; provided, that such aliens owning real 
 estate at the time of the adoption of this amendment may remain such owners; 
 and provided, further, that the legislature may, by statute, provide for the dispo- 
 sition of real estate which shall hereafter be acquired by such aliens by descent or 
 devise. [Amendment adopted November 6, 1894.] 
 
 Sec. 18. Neither slavery nor, involuntary servitude, unless for the punishment 
 of crime, shall ever be tolerated in this state. 
 
 Sec. 19. The right of the people to be secure in their persons, houses, papers 
 and effects, against unreasonable seizures and searches, shall not be violated; and 
 no warrant shall issue but on probable cause, supported by oath or affirmation, 
 particularly describing the place to be searched and the person and things to be 
 seized. 
 
 Sec. 20. Treason against the state shall consist only in levying war against it, 
 adhering to its enemies, or giving them aid and comfort. No person shall be con- 
 victed of treason unless on the evidence of two witnesses to the same overt act, or con- 
 fession in open court. 
 
 Sec. 21. No special privileges or immunities shall ever be granted which may 
 not be altered, revoked, or repealed by the legislature, nor shall any citizen, or class of 
 citizens, be granted privileges or immunities which, upon the same terms, shall not be 
 granted to all citizens. 
 
 Sec. 22. The provisions of this Constitution are mandatory and prohibitory, unless 
 by express words they are declared to be otherwise. 
 
 Sec. 23. This enumeration of rights shall not be construed to impair or deny 
 others retained by the people. 
 
 Sec. 24. No property qualification shall ever be required for any person to vote 
 or hold office. 
 
 Sec. 25. The people shall have the right to fish upon and from public lands of 
 the state and in the waters thereof, excepting upon lands set aside for fish hatcheries, 
 and no land owned by the state shall ever be sold or transferred without reserving in 
 the people the absolute right to fish thereupon ; and no law shall ever be passed making 
 it a crime for the people to enter upon the public lands within this state for the pur- 
 pose of fishing in any water containing fish that have been planted therein by the 
 state; provided, that the legislature may by statute, provide for the season when and 
 the conditions under which the different species of fish may be taken. [New section 
 adopted November 8, 1910.] 
 
 ARTICLE n. 
 
 EIGHT OF SUFFEAGE. 
 
 Section 1. Every native citizen of the United States, every person who shall have 
 acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and 
 every naturalized citizen thereof, who shall have become such ninety days prior to any 
 election, of the age of twenty-one years, who shall have been resident of the state one 
 year next preceding the election, and of the county in which he or she claims his or 
 her vote ninety days, and in the election precinct thirty days, shall be entitled to vote 
 
 ( xxxiv )
 
 CONSTITUTION OP THE STATE OF CALIFORNIA. 
 
 at all elections which are now or may hereafter be authorized by law; provided, no 
 native of China, no idiot, no insane person, no person convicted of any infamous crinie, 
 no person hereafter convicted of the embezzlement or misappropriation of public money, 
 and no person who shall not be able to read the Constitution in the English language 
 and write his or her name, shall ever exercise the privileges of an elector in this state ; 
 provided, that the provisions of this amendment relative to an educational qualification 
 shall not apply to any person prevented by a physical disability from complying with 
 its requisitions, nor to any person who now has the right to vote, nor to any person who 
 shall be sixty years of age and upwards at the time this amendment shall take effect. 
 [Amendment adopted October 10, 1911.] 
 
 See. 2. Electors shall in all cases, except treason, felony, or breach of the peace, 
 be privileged from arrest on the days of election, during their attendance at such elec- 
 tion, going to and returning therefrom. 
 
 Sec. 2^^. The legislature shall have the power to enact laws relative to the elec- 
 tion of delegates to conventions of political parties; and the legislature shall enact laws 
 providing for the direct nomination of candidates for public office, by electors, political 
 parties, or organizations of electors without conventions, at elections to be known and 
 designated as primary elections; also to determine the tests and conditions upon which 
 electors, political parties, or organizations of electors may participate in any such pri- 
 mary election. It shall also be lawful for the legislature to prescribe that any such 
 primary election shall be mandatory and obligatorj'. The legislature shall also have the 
 power to establish the rates of compensation for primary election officers serving at 
 such primary elections in any city, or city and county, or county, or other subdivision 
 of a designated population, without making such compensation uniform, and for such 
 l)urpose such law may declare the population of any city, city and county, county or 
 political subdivision; provided, however, that until the legislature shall enact a direct 
 primary election law under the provisions of this section, the present primary election 
 law shall remain in force and effect. [Amendment adopted November 3, 1911.] 
 
 See. 3. No elector shall be obliged to perform militia duty on the day of election, 
 except in time of war or public danger. 
 
 Sec. 4. For the purpose of voting, no person shall be deemed to have gained or 
 lost a residence by reason of his presence or absence while employed in the service of 
 the United States; nor while engaged in the navigation of the waters of this state, or 
 of the United States, or of the high seas; nor while a student at any seminary of learn- 
 ing; nor while kept in any almshouse or other asylum, at public expense; nor while con- 
 fined in any public' prison. 
 
 Sec. 5. All elections by the people shall be by ballot or by such other method as 
 may be prescribed by law; provided, that secrecy in voting be preserved. [Amendment 
 adopted November 3, 1896.] 
 
 Sec. 6. The inhibitions of this constitution to the contrary notwithstanding, the 
 legislature shall have power to provide that in different parts of the state different 
 methods may be employed for receiving and registering the will of the people as 
 expressed at elections, and may provide that mechanical devices may be used within 
 designated subdivisions of the state at the option of the local authority indicated by 
 the legislature for that purpose. [New section adopted November 4, 1902.] 
 
 ARTICLE III. 
 DISTRIBUTION OF POWERS. 
 Section 1. The powers of the government of the state of California shall be divided 
 into three separate departments — the legislative, executive, and judicial; and no person 
 
 ( xxxv )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 charged with the exercise of powers properly belonging to one of these departments 
 shall exercise any functions appertaining to either of the other, except as in this Con- 
 stitution expressly directed or permitted. 
 
 ARTICLE IV. 
 LEGISLATIVB DEPARTMENT. 
 
 Section 1. The legislative power of this state shall be vested in a senate and 
 assembly which shall be designated "The Legislature of the State of California," but 
 the people reserve to themselves the power to propose laws and amendments to the 
 Constitution, and to adopt or reject the same, at the polls independent of the legisla- 
 ture, and also reserve the power, at their own option, to so adopt or reject any act, or 
 section or part of any act, passed by the legislature. The enacting clause of every law 
 shall be ''The People of the State of California do enact as follows:" 
 
 The first power reserved to the people shall be known as the initiative. Upon the 
 presentation to the secretary of state of a petition certified as herein provided to have 
 been signed by qualified electors, equal in number to eight per cent of all the votes cast 
 for all candidates for governor at the last preceding general election, at which a gov- 
 ernor was elected, proposing a law or amendment to the Constitution, set forth in full 
 in said petition, the secretary of state shall submit the said proposed law or amendment 
 to the Constitution to the electors at the next succeeding general election occurring sub- 
 sequent to ninety days after the presentation aforesaid of said petition, or at any spe- 
 cial election called by the governor in his discretion prior to such general election. All 
 such initiative petitions shall have printed across the top thereof in twelve point black- 
 face type the following: "Initiative measure to be submitted directly to the electors." 
 
 Upon the presentation to the secretary of state, at any time not less than ten days 
 before the commencement of any regular session of the legislature, of a petition certified 
 as herein provided to have been signed by qualified electors of the state equal in number 
 to five per cent of all the votes cast for all candidates for governor at the last preceding 
 general election, at which a governor was elected, proposing a law set forth in full in 
 said petition, the secretary of state shall transmit the same to the legislature as soon 
 as it convenes and organizes. The law proposed by such petition shall be either enacted 
 or rejected without change or amendment by the legislature, within forty days from the 
 time it is received by the legislature. If any law proposed by such petition shall be 
 enacted by the legislature it shall be subject to referendum, as hereinafter provided. 
 If any law so petitioned for be rejected, or if no action is taken upon it by the legisla- 
 ture, within said forty days, the secretary' of state shall submit it to the people for 
 approval or rejection at the next ensuing general election. The legislature may reject 
 any measure so proposed by initiative petition and propose a different one on the same 
 subject by a yea and nay vote upon separate roll call, and in such event both measures 
 shall be submitted by the seci-etai-y of state to the electors for approval or rejection at 
 the next ensuing general election or at a prior special election called by the governor, 
 in his discretion, for such purpose. All said initiative petitions last above described 
 shall have printed in twelve point black-face type the following: "Initiative measure 
 to be presented to the legislature. ' ' 
 
 The second power reserved to the people shall be known as the referendum. No act 
 passed by the legislature shall go into effect until ninety days after the final adjourn- 
 ment of the session of the legislature which passed such act, except acts calling elec- 
 tions, acts providing for tax levies or appropriations for the usual current expenses of 
 the state, and urgency measures necessary for the immediate preservation of the public 
 peace, health or safety, passed by a two-thirds vote of all the members elected to each 
 house. Whenever it is deemed necessary for the immediate preservation of the public 
 
 ( xxxvl )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 peace, health or safety that a law shall go into immediate effect, a statement of the facts 
 constituting such necessity shall be set forth in one section of the act, which section 
 shall be passed only upon a yea and nay vote, upon a separate roll call thereon; pro- 
 vided, however, that no measure creating or abolishing any office or changing the salary, 
 term or duties of any officer, or granting any franchise or special privilege, or creating 
 any vested right or interest, shall be construed to be an urgency measure. Any law so 
 ]iassed by the legislature and declared to be an urgency measure shall go into immediate 
 effect. 
 
 Upon the presentation to the secretary of state within ninety days after the final 
 adjournment of the legislature of a petition certified as herein provided, to have been 
 signed by qualified electors eqi;al in number to five per cent of all the votes cast for all 
 candidates for governor at the last preceding general election at which a governor was 
 elected, asking that any act or section or part of any act of the legislature be sub- 
 mitted to the electors for their approval or rejection, the secretary of state shall submit 
 to the electors for their approval or rejection, such act, or section or part of such act, at 
 the next succeeding general election occurring at any time subsequent to thirty days 
 after the filing of said petition or at any special election which may be called by the 
 governor, in his discretion, prior to such regular election, and no such act or section or 
 part of such act shall go into effect until and unless approved by a majority of the 
 qualified electors voting thereon ; but if a referendum petition is filed against any section 
 or part of any act the remainder of such act shall not be delayed from going into effect. 
 
 Any act, law or amendment to the constitution submitted to the people by either 
 initiative or referendum petition and approved by a majority of the votes cast thereon^ 
 at any election, shall take effect five days after the date of the official declaration of 
 the vote by the secretary of state. No act, law or amendment to the constitution, 
 initiated or adopted by the people, shall be subject to the veto power of the governor, 
 nnd no act, law or amendment to the constitution, adopted by the people at the polls 
 under the initiative provisions of this section, shall be amended or repealed except by 
 a vote of the electors, unless otherwise provided in said initiative measure; but acts and 
 laws adopted by the people under the referendum provisions of this section may be 
 amended by the legislature at any subsequent session thereof. If any provision or pro- 
 visions of two or more measures, approved by the electors at the same election, conflict, 
 the provision or provisions of the measure receiving the highest affirmative vote shall 
 prevail. Until otherwise provided by law, all measures submitted to a vote of the 
 electors, under the provisions of this section, shall be printed, and together with argu- 
 ments for and against each such measure by the proponents and opponents thereof, 
 shall be mailed to each elector in the same manner as now provided by law as to amend- 
 ments to the constitution, proposed by the legislature; and the persons to prepare and 
 present such arguments shall, until otherwise provided by law, be selected by the pre- 
 siding officer of the senate. 
 
 If for any reason any initiative or referendum measure, proposed by petition as 
 herein provided, be not submitted at the election specified in this section, such 
 failure shall not prevent its submission at a succeeding general election, and no law or 
 amendment to the constitution, proposed by the legislature, shall be submitted at any 
 election unless at the same election there shall be submitted all measures proposed by 
 petition of the electors, if any be so proposed, as herein provided. 
 
 Any initiative or referendum petition may be presented in sections, but each section 
 shall contain a full and correct copy of the title and text of the proposed measure. 
 Each signer shall add to his signature his place of residence, giving the street and 
 number if such exist. His election precinct shall also appear on the paper after his 
 name. The number of signatures attached to each section shall be at the pleasure of 
 (.he person soliciting signatures to the same. Any qualified elector of the state shall 
 
 ( xxxvii >
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 be competent to solicit said signatures within the county or city and county of which he 
 is an elector. Each section of the petition shall bear the name of the county or city 
 and county in which it is circulated, and only qualified electors of such county or city 
 and county shall be competent to sign such section. Each section shall have attached 
 thereto the affidavit of the person soliciting signatures to the same, stating his own 
 qualifications and that all the signatures to the attached section were made in his 
 presence and that to the best of his knowledge and belief each signature to the section 
 is the genuine signature of the person whose name it purports to be, and no other affi- 
 davit thereto shall be required. The affidavit of any person soliciting signatures here- 
 under shall be verified free of charge by any officer authorized to administer oaths. 
 Such petitions so verified shall be prima facie evidence that the signatures thereon are 
 genuine and that the persons signing the same are qualified electors. Unless and until 
 it be otherwise proven upon official investigation, it shall be presumed that the petition 
 presented contains the signatures of the requisite number of qualified electors. 
 
 Each section of the petition shall be filed with the clerk or registrar of voters of the 
 county or city and county in which it was circulated, but all said sections circulated 
 in any county or city and county shall be filed at the same time. Within twenty days 
 after the filing of such petition in his office the said clerk, or registrar of voters, shall 
 determine from the records of registration what number of qualified electors have 
 signed the same, and if necessary the board of supervisors shall allow said clerk or 
 registrar additional assistants for the purpose of examining such petition and provide 
 for their compensation. The said clerk or registrar, upon the completion of such 
 examination, shall forthwith attach to said petition, except the signatures thereto 
 appended, his certificate, properly dated, showing the result of said examination and 
 shall forthwith transmit said petition, together with his said certificate, to the secretary 
 of state and also file a copy of said certificate in his office. Within forty days from the 
 transmission of the said petition and certificate by the clerk or registrar to the secre- 
 tary of state, a supplemental petition identical with the original as to the body of the 
 petition but containing supplemental names, may be filed with the clerk or registrar of 
 voters, as aforesaid. The clerk or registrar of voters shall within ten days after the 
 filing of such supplemental petition make like examination thereof, as of the original 
 petition, and upon the completion of such examination shall forthwith attach to said 
 petition his certificate, properly dated, showing the result of said examination, and 
 shall forthwith transmit a copy of said supplemental petition, except the signatures 
 thereto appended, together with his certificate, to the secretary of state. 
 
 When the secretary of state shall have received from one or more county clerks or 
 registrars of voters a petition certified as herein provided to have been signed by the 
 requisite number of qualified electors, he shall forthwith transmit to the county clerk or 
 registrar of voters of every county or city and county in the state his certificate show- 
 ing such fact. A petition shall be deemed to be filed with the secretary of state upon 
 the date of the receipt by him of a certificate or certificates showing said petition to 
 be signed by the requisite number of electors of the state. Any county clerk or regis- 
 trar of voters shall, upon receipt of such copy, file the same for record in his office. 
 The duties herein imposed upon the clerk or registrar of voters shall be performed by 
 such registrar of voters in all cases where the office of registrar of voters exists. 
 
 The initiative and referendum powers of the people are hereby further reserved to 
 the electors of each county, city and county, city and town of the state, to be exercised 
 under such procedure as may be provided by law. Until otherwise provided by law, 
 the legislative body of any such county, city and county, city or town may provide for 
 the manner of exercising the initiative and referendum powers herein reserved to such 
 counties, cities and counties, cities and towns, but shall not require more than fifteen 
 per cent of the electors thereof to propose any initiative measure nor more than ten 
 
 ( xxxviii )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 per cent of the electors thereof to order the referendum. Nothing contained in thia 
 section shall be construed as affecting or limiting the present or future powers of cities 
 or cities and counties having charters adopted under the provisions of section eight 
 of article eleven of this constitution. In the submission to the electors of any measure 
 under this section, all officers shall be guided by the general laws of this state, except 
 as is herein otherwise provided. This section is self-executing, but legislation may be 
 enacted to facilitate its operation, but in no way limiting or restricting either the pro- 
 visions of this section or the powers herein reserved. [Amendment adopted October 10, 
 1911.] 
 
 Sec. 2. The sessions of the legislature shall be biennial, unless the governor shall, 
 in the interim, convene the legislature, by proclamation, in extraordinary session. All 
 sessions, other than extraordinary, shall commence at twelve o'clock M., on the first 
 Monday after the first day of January next succeeding the election of its members, and 
 shall continue in session for a period not exceeding thirty days thereafter; whereupon 
 a recess of both houses must be taken for not less than thirty days. On the reassembling 
 of the legislature, no bill shall be introduced in either house without the consent of 
 three-fourths of the members thereof, nor shall more than two bills be introduced by any 
 one member after such reassembling. [Amendment adopted October 10, 1911.] 
 
 Sec. 3. Members of the assembly shall be elected in the year eighteen hundred 
 and seventy-nine, at the time and in the manner now provided by law. The second 
 election of members of the assembly, after the adoption of this constitution, shall be 
 on the first Tuesday after the first Monday in November, eighteen hundred and eighty. 
 Thereafter members of the assembly shall be chosen biennially, and their term of ofiice 
 shall be two years; and each election shall be on the first Tuesday after the first Mon- 
 day in November, unless otherwise ordered by the legislature. 
 
 Sec. 4. Senators shall be chosen for the term of four years, at the same time and 
 places as members of the assembly, and no person shall be a member of the senate or 
 assembly who has not been a citizen and inhabitant of the state three years, and of 
 the district for which he shall be chosen one year, next before his election. 
 
 Sec. 5. The senate shall consist of forty members, and the assembly of eighty mem- 
 bers, to be elected by districts, numbered as hereinafter provided. The seats of the 
 twenty senators elected in the year eighteen hundred and eighty-two from the odd- 
 numbered districts shall be vacated at the expiration of the second year, so that one- 
 half of the senators shall be elected every two years; provided, that all the senators 
 elected at the first election under this constitution shall hold ofiice for the term of 
 three years. 
 
 Sec. 6. For the purpose of choosing members of the legislature, the state shall be 
 divided into forty senatorial and eighty assembly districts, as nearly equal in popula- 
 tion as may be, and composed of contiguous territory, to be called senatorial and 
 assembly districts. Each senatorial district shall choose one senator and each assembly 
 district shall choose one member of assembly. The senatorial districts shall be numbered 
 from one to forty, inclusive, in numerical order, and the assembly districts shall be 
 numbered from one to eighty in the same order, commencing at the northern boundary 
 of the state and ending at the southern boundary thereof. In the formation of such 
 districts no county, or city and county, shall be divided, unless it contains sufficient 
 population within itself to form two or more districts, nor shall a part of any county, 
 or of any city and county, be united with any other county, or city and county, in 
 forming any district. The census taken under the direction of the congress of the 
 United States in the year one thousand eight hundred and eighty, and every ten years 
 thereafter, shall be the basis of fixing and adjusting the legislative districts; and the 
 legislature shall, at its first session after each census, adjust such districts and reappor- 
 
 ( xxxix )
 
 CONSTITUTIOiV OF THE STATE OF CALIFORNIA. 
 
 tion the representation so as to preserve them as near equal in population as may be 
 But in making such adjustment no persons who are not eligible to become citizens oi 
 the United States, under the naturalization laws, shall be counted as forming a part 
 of the population of any district. Until such districting as herein provided for shall 
 be made, senators and assemblymen shall be elected by the districts according to thf 
 apportionment now provided for by law. 
 
 Sec. 7. Each house shall choose its officers, and judge of the qualifieations, elections, 
 and returns of its members. 
 
 Sec. 8. A majority of each house shall constitute a quorum to do business, but a 
 smaller number may adjourn from day to day, and may compel the attendance of 
 absent members in such manner and under such penalties as each house may provide. 
 
 Sec. 9. Each house shall determine the rule of its proceeding, and may, with the 
 concurrence of two-thirds of all the members elected, expel a member. 
 . Sec. 10. Each house shall keep a journal of its proceedings, and publish the same; 
 and the yeas and nays of the members of either house, on any question, shall, at the 
 desire of any three members present, be entered on the journal. 
 
 Sec. 11. Members of the legislature shall, in all cases, except treason, felony, and 
 breach of the peace, be privileged from arrest, and shall not be subject to any civil 
 process during the session of the legislature, nor for fifteen days next before the com- 
 mencement and after the termination of each session. 
 
 See. 12. When vacancies occur in either house, the governor, or the person exercising 
 the functions of the governer, shall issue writs of election to fill such vacancies. 
 
 Sec. 13. The doors of eadh house shall be open, except on such occasion as, in the 
 opinion of the house, may require secrecy. 
 
 Sec. 14. Neither house shall, without the consent of the other, adjourn for more 
 than three days, nor to any place other than that in which they may be sitting. Noi 
 shall the members of either house draw pay for any recess of adjournment for a longei 
 time than three days. 
 
 Sec. 15. No law shall be passed except by bill. Nor shall any bill be put upon its 
 final passage until the same, with the amendments thereto, shall have been printed for 
 the use of the members ; nor shall any bill become a law unless the same be read on three 
 several days in each house, unless, in case of urgency, two-thirds of the house where 
 such bill may be pending, shall, by a vote of yeas and nays, dispense with this pro- 
 vision. Any bill may originate in either house, but may be amended or rejected by the 
 other; and on the final passage of all bills they shall be read at length, and the vote 
 shall be by yeas and nays upon each bill separately, and shall be entered on the journal, 
 and no bill shall become a law without the concurrence of a majority of the members 
 elected to each house. 
 
 Sec. 16. Every bill which may have passed the legislature shall, before it becomes a 
 law, be presented to the governor. If he approve it, he shall sign it; but if not, he 
 shall return it, with his objections, to the house in which it originated, which shall 
 enter such objections upon the journal and proceed to reconsider it. If after such 
 reconsideration, it again pass both houses, by yeas and nays, two-thirds of the mem- 
 bers elected to each house voting therefor, it shall become a law, notwithstanding the 
 governor's objections. If any bill shall not be returned within ten days after it shall 
 have been presented to him (Sundays excepted), the same shall become a law in like 
 manner as if he had signed it, unless the legislature, by adjournment, prevents such 
 return, in which case it shall not become a law, unless the governor, within thirty days 
 after such adjournment (Sundays excepted), shall sign and deposit the same in the 
 office of the secretary of state, in which case it shall become a law in like manner as 
 if it had been signed by him before adjournment. If any bill presented to the governoi
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 contains several items of appropriation of money, he may object to one or more items, 
 while approving other portions of the bill. In such case he shall append to the bill 
 at the time of signing it, a statement of the items to which he objects, and the reasons 
 therefor, and the appropriation so objected to shall not take effect unless passed over 
 the governor's veto, as hereinbefore provided. If the legislature be in session, the gov- 
 ernor shall transmit to the house in which the bill originated a copy of such statement, 
 and the items so objected to shall be separately reconsidered in the same manner as 
 bills which have been disapproved by the governor. [Amendment adopted November 3, 
 1908.] 
 
 Sec. 17. The assembly shall have the sole power of impeachment, and all impeach- 
 ments shall be tried by the senate. When sitting for that purpose, the senators shall 
 be upon oath or affirmation, and no person shall be convicted without the concurrence 
 of two-thirds of the members elected. 
 
 See. 18. The governor, lieutenant governor, secretary of state, controller, treasurer, 
 attorney general, surveyor general, chief justice and associate justices of the supreme 
 court, judges of the district court of appeal, and judges of the superior courts, shall be 
 liable to impeachment for any misdemeanor in office but judgment in such cases shall 
 extend only to removal from office, and disqualification to hold any office of honor, 
 trust, or profit under the state; but the party convicted or acquitted shall nevertheless 
 be liable to indictment, trial and punishment according to law. All other civil officers 
 shall be tried for misdemeanor in office in such manner as the legislature may provide. 
 [Amendment adopted October 10, 1911.] 
 
 Sec. 19. No senator or member of assembly shall, during the term for which he shall 
 have been elected, hold or accept any office, trust, or employment under this state; 
 provided, that this provision shall not apply to any office filled by election by the 
 people. [Amendment adopted November 7, 1916.] 
 
 Sec. 20. No person holding any lucrative office under the United States, or any other 
 power, shall be eligible to any civil office of profit under this state; provided, that 
 officers in the militia who receive no annual salary, local officers, or postmasters whose 
 compensation does not exceed five hundred dollars per annum, shall not be deemed to 
 hold lucrative offices. 
 
 See. 21. No person convicted of the embezzlement or defalcation of the public funds 
 of the United States, or of any state, or of any county or municipality therein, shall 
 ever be eligible to an office of honor, trust, or profit under this state, and the legislature 
 shall provide, by law, for the punishment of embezzlement or defalcation as a felony. 
 
 Sec. 22. No money shall be drawn from the treasury but in consequence of appro- 
 priation made by law, and- upon warrants duly drawn thereon by the controller; and no 
 money shall ever be appropriated or drawn from the state treasury for the puri:)ose or 
 benefit of any corporation, association, asylum, hosjiital, or any other institution not 
 under the exclusive management and control of the state as a state institution, nor 
 shall any grant or donation of property ever be made thereto by the state; provided, 
 that notwithstanding anything contained in this or any other section of the constitu- 
 tion, the legislature shall have the power to grant aid to the institutions conducted for 
 the support and maintenance of minor orphans, or half-orphans, or abandoned children, 
 or children of a father who is incapacitated for gainful work by permanent physical 
 disability or is suffering from tuberculosis in such a stage that he can not pursue a 
 gainful occupation, or aged persons in indigent circumstances — such aid to be granted 
 by a uniform rule, and proportioned to the number of inmates of such respective insti- 
 tutions; provided, further, that the state shall have at any time the right to inquire 
 into the management of such institutions; provided, further, that whenever any county, 
 or city and county, or city, or town, shall provide for the support of minor orphans, or 
 
 (xll )
 
 CONSTITUTION OF THE STATB: OF CALIFORNIA. 
 
 half-orphans, or abandoned children, or children of a father who is incapacitated for 
 gainful work by permanent physical disability or is suffering from tuberculosis in such 
 a stage that he can not pursue a gainful occupation, or aged persons in indigent cir- 
 cumstances, such county, city and county, city, or town shall be entitled to receive the 
 same pro rata appropriations as may be granted to such institutions under church, or 
 other control. An accurate statement of the receipts and expenditures of public moneys 
 shall be attached to and published with the laws at every regular session of the legis- 
 lature; provided, however, that for the purpose of raising five million dollars, to be 
 used in establishing, maintaining, and supporting in the city and county of San Fran- 
 cisco, state of California, an exposition in commemoration of the completion of the 
 Panama canal, to be known as the Panama-Pacific international exposition, the state 
 board of equalization shall, for the fiscal year beginning July 1, 1911, and for each 
 fiscal year thereafter, to and including the fiscal year beginning July 1, 1914, fix, estab- 
 lish, and levy such an ad valorem rate of taxation, as when levied upon all the taxable 
 property in the state, after making due allowance for delinquency, shall produce for 
 each of such fiscal years a sum of one million two hundred fifty thousand dollars. The 
 said taxes shall be levied, assessed, and collected upon every kind and character of 
 property in the state of California not exempt from taxation under the law, and sub- 
 ject to taxation on the first day of July, 1910, and in the same manner, and by the 
 game method, as other state taxes were levied, assessed, and collected under the law, as 
 the same existed on the first day of July, 1910. The state board of equalization shall 
 each year, at the time it determines the amount of revenue required for other state 
 purposes, determine, fix, and include the rate of tax necessary to raise the revenue 
 herein provided for. 
 
 There is hereby created in the state treasury a fund to be known as the Panama- 
 Pacific international exposition fund, and all moneys collected pursuant to this pro- 
 vision, after deducting the proportionate share of the expense for the collection of the 
 same, shall be paid into the state treasury, and credited to such fund. All moneys 
 so paid into such fund are hereby appropriated, without reference to fiscal years, for 
 the use, establishment, maintenance and support of said Panama-Pacific international 
 exposition. No tax, license fee, or charge of any kind or character shall ever be levied 
 or assessed or charged against any property of said Panama-Pacific international expo- 
 sition, or against any property used as exhibit therein, while being used or exhibited 
 in connection therewith. 
 
 There is hereby created a commission to be known as the Panama-Pacific inter- 
 national exposition commission of the state of California, which shall consist of the 
 governor of said state and four other members to be appointed by the governor, by and 
 with the advice and consent of the senate of said state. The governor shall have the 
 power to fill all vacancies occurring at any time in said commission. The members of 
 said commission shall receive no compensation and shall hold office until such exposition 
 shall have been closed and its affairs settled. Said four members of said commission 
 shall be selected from different sections of the state, and the appointment thereof shall 
 be made by the governor of the state during the month of February, 1911. The com- 
 mission hereby created shall have the exclusive charge and control of all moneys paid 
 into the Panama-Pacific international exposition fund; and provided, further, that the 
 legislature shall pass all laws necessary to carry out the provisions of this act, including 
 the times and the manner in which and the terms and conditions upon which moneys 
 shall be drawn from the state treasury by said commission; where contracts and 
 vouchers shall be filed ; to whom and how often reports shall be made ; what disposition 
 shall be made of any sum left unexpended or received from the sale of any property or 
 buildings purchased or constructed by said commission for the use of said exposition, 
 
 ( xUi )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 or of any disposition of any building or improvement constructed by said commission 
 out of said fund, and to provide for the transfer to the general fund of the state of 
 California, of any portion of said Panama-Pacific international exposition fund unused. 
 
 The commission herein created is authorized and directed to make such proper con- 
 tract with the Panama-Pacific International Exposition Company, a corporation organ- 
 ized under the laws of the state of California on the twenty-second day of March, 1910, 
 as will entitle the state of California to share proportionately with the contributors 
 to the said Panama-Pacific international exposition in the returns from the holding of 
 said exposition at the city and county of San Francisco. [Amendment adopted Novem- 
 ber 2, 1920.] 
 
 Sec. 23. The members of the legislature shall receive for their services the sum of 
 one thousand dollars each for each regular session, to be paid at such times during 
 the session as may be provided by law, and the sum of ten dollars each for each day 
 while in attendance at a special or extraordinary session, for a number of days not 
 exceeding thirty; and mileage to be fixed by law, all paid out of the state treasury; 
 such mileage shall not exceed ten cents per mile; and each member shall be allowed 
 contingent expenses not exceeding twenty-five dollars per member for each regular 
 biennial session. The legislature may also provide for additional help; but in no case 
 shall the total expense for officers, employees and attaches exceed the sum of five 
 hundred dollars per day for either house, at any regular or biennial session, nor the 
 sum of two hundred dollars per day for either house at any special or extraordinary 
 session, nor shall the pay of any officer, employee or attache be increased after he is 
 elected or appointed. [Amendment adopted November 3, 1908.] 
 
 Sec. 23a. The legislature may also provide for the employment of help; but in no 
 case shall the total expense for officers, employees and attaches exceed the sum of five 
 hundred dollars per day for either house, at any regular or biennial session, nor the 
 sum of two hundred dollars per day for either house at any special or extraordinary 
 session, nor shall the pay of any officer, employee, or attache be increased after he is 
 elected or appointed. [New section adopted November 3, 1908.] 
 
 Sec. 24. Every act shall embrace but one subject, which subject shall be expressed 
 in its title. But if any subject shall be embraced in an act which shall not be expressed 
 in its title, such act shall be void only as to so much thereof as shall not be expressed 
 in its title. No law shall be revised or amended by reference to its title; but in such 
 case the act revised or section amended shall be re-enacted and published at lengtli 
 as revised or amended; and all laws of the state of California, and all official writings, 
 and the executive, legislative, and judicial proceedings, shall be conducted, preserved, 
 and published in no other than the English language. 
 
 Sec. 25. The legislature shall not pass local or special laws in any of the following 
 enumerated cases, that is to say: 
 
 First — Regulating the jurisdiction and duties of justices of the peace, police judges, 
 and of constables. 
 
 Second — For the punishment of crimes and misdemeanors. 
 
 Third — Regulating the practice of courts of justice. 
 
 Fourth — Providing for changing the venue in civil or criminal actions. 
 
 Fifth — Granting divorces. 
 
 Sixth — Changing the names of persons or places. 
 
 Seventh — Authorizing the laying out, opening, altering, maintaining or vacating 
 roads, highways, streets, alleys, town plots, parks, cemeteries, grave\aids, or public 
 ground not owned by the state. 
 
 < xiiii )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA, 
 
 Eighth — Summoning and impaneling grand and petit juries, and providing for their 
 compensation. 
 
 Ninth — Regulating county and township business, or the election of county and 
 township officers. 
 
 Tenth — For the assessment or collection of taxes. 
 
 Eleventh — Providing for conducting elections or designating the places of voting, 
 except on the organization of new counties. 
 
 Twelfth — Affecting estates of deceased persons, minors, or other persons under legal 
 disabilities. 
 
 Thirteenth — Extending the time for the collection of taxes. 
 
 Fourteenth — Giving effect to invalid deeds, wills, or other instruments. 
 
 Fifteenth — Refunding money paid into the state treasury. 
 
 Sixteenth — Releasing or extinguishing, in whole or in part, the indebtedness, liability, 
 or obligation of any corporation or person to this state, or to any municipal corpora- 
 tion therein. 
 
 Seventeenth — Declaring any person of age, or authorizing any minor to sell, lease or 
 incumber his or her property. 
 
 Eighteenth — Legalizing, except as against the state, the unauthorized or invalid act 
 of any officer. 
 
 Nineteenth — Granting to any corporation, association, or individual any special or 
 exclusive right, privilege, or immunity. 
 
 Twentieth — Exempting property from taxation. 
 
 Twenty-first — Changing county seats. 
 
 Twenty-second — Restoring to citizenship persons convicted of infamous crimes. 
 
 Twenty-third — Regulating the rate of interest on money. 
 
 Twenty-fourth — Authorizing the creation, extension, or impairing of liens. 
 
 Twenty-fifth — Chartering or licensing ferries, bridges, or roads. 
 
 Twenty-sixth — Remitting fines, penalties, or forfeitures. 
 
 Twenty-seventh — Providing for the management of common schools. 
 
 Twenty-eighth— Creating offices, or prescribing the powers and duties of officers in 
 counties, cities, cities and counties, township, election or school districts. 
 
 Twenty-ninth — Affecting the fees or salary of any officer. 
 
 Thirtieth — Changing the law of descent or succession. 
 
 Thirty-first — Authorizing the adoption or legitimation of children. 
 
 Thirty-second — For limitation of civil or criminal actions. 
 
 Thirty-third — In all other cases where a general law can be made applicable. 
 
 Sec. 251/^. The legislature may provide for the division of the state into fish and 
 game districts, and may enact such laws for the protection of fish and game therein as 
 it may deem appropriate to the respective dsitriets. [New section adopted November 4, 
 1902.] 
 
 Sec. 26. The legislature shall have no power to authorize lotteries or gift enterj^rises 
 for any purpose and shall pass laws to pi'ohibit the sale in this state of lottery or 
 gift enteiT)rise tickets or tickets in any scheme in the nature of a lottery. The legis- 
 lature shall pass laws to prohibit the fictitious buying and selling of the shares of the 
 capital stock of corporations in any stock board, stock exchange or stock market under 
 the control of any corporation or association. All contracts for the purchase or sale 
 of shares of the capital stock of any corporation or association without any intention 
 on the part of one party to deliver and of the other party to receive the shares, and 
 contemplating merely the payment of differences between the contract and market 
 prices on divers days, shall be void, and neither party to any such contract shall be 
 
 ( xHv )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 entitled to recover any damages for failure to perform the same, or any money paid 
 thereon, in any court of this state. [Amendment adopted November 3, 1908.] 
 
 Sec. 27. When a congressional district shall be composed of two or more counties, it 
 shall not be separated by any county belonging to another district. No county, or city 
 and county, shall be divided in forming a congressional district so as to attach one 
 portion of a county, or city and county, to another county, or city and county, except 
 in cases where one county, or city and county, has more population than the ratio 
 required for one or more congressmen; but the legislature may divide any county, or 
 city and county, into as many congressional districts as it may be entitled to by law. 
 Any county, or city and county containing a population greater than the number 
 required for one congressional district, shall be 'formed into one or more congressional 
 districts, according to the population thereof, and any residue, after forming such 
 district or districts, shall be attached, by compact adjoining assembly districts, to a 
 contiguous county or counties, and form a congressional district. In dividing a county, 
 or city and county, into congressional districts, no assembly district shall be divided 
 so as to form a part of more than one congressional district, and every such congres- 
 sional district shall be composed of compact contiguous assembly districts. 
 
 Sec. 28. In all elections by the legislature the members thereof shall vote viva voce, 
 and the vote shall be entered on the journal. 
 
 Sec. 29. The general appropriation bill shall contain no item or items of appropria- 
 tion other than such as are required to pay the salaries of the state officers, the expenses 
 of the government, and of the institutions under the exclusive control and management 
 of the state. 
 
 See. 30. Neither the legislature, nor anj'^ county, city and county, township, school 
 district, or other municipal corporation, shall ever make an appropriation, or pay from 
 any public fund whatever, or grant anything to or in aid of any religious sect, church, 
 creed, or sectarian purpose, or help to support or sustain any school, college, university, 
 hospital, or other institution controlled by any religious creed, church, or sectarian 
 denomination whatever; nor shall any grant or donation of personal property or real 
 estate ever be made by the state, or any city, city and county, town, or other municipal 
 corporation, for any religious creed, church, or sectarian purpose, whatever; provided, 
 that nothing in this section shall prevent the legislature granting aid pursuant to 
 section twenty-two of this article. 
 
 Sec. 31. The legislature shall have no power to give or to lend, or to authorize the 
 giving or lending, of the credit of the state, or of any county, city and county, city, 
 township, or other political corporation or subdivision of the state now existing, or 
 that may be hereafter established, in aid of or to any person, association, or corpora- 
 tion, whether municipal or otherwise, or to pledge the credit thereof, in any manner 
 whatever, for the payment of the liabilities of any individual, association, municipal 
 or other corporation whatever; nor shall it have power to make any gift, or authorize 
 the making of any gift, of any public money or thing of value to any individual, munici- 
 pal or other corporation whatever; provided, that nothing in this section (shall prevent 
 the legislature granting aid pursuant to section twenty-two of this article; and it shall 
 not have power to authorize the state or any political subdivision thereof, to subscribe 
 for stock, or to become a stockholder in any corporation) shall prevent the legislature 
 granting aid pursuant to section twenty-two of this article; and it shall not have power 
 to authorize the state, or any political subdivision thereof, to subscribe for stock, or to 
 become a stockholder in any corporation whatever; provided, further, that irrigation 
 districts for the purpose of acquiring the control of any entire international water 
 system necessary for its use and purposes, a part of which is situated in the United 
 States, and a part thereof in a foreign country, may in the manner authorized by law, 
 
 < xK >
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 acquire the stock of any foreign corporation which is the owner of, or which holds 
 I the title to the part of such system situated in a foreign country. [Amendment 
 adopted November 3, 1914.] 
 
 Note. — The repetition of the words indicated by parentheses in the above section 
 occurred in the resolution by which the amendment of the above section was pro- 
 posed to the people. As no change could be made thereafter, the section was voted 
 on and adopted in the above form. 
 
 See. 32. The legislature shall have no power to grant, or authorize any county or 
 municipal authority to grant, any extra compensation or allowance to any public 
 officer, agent, servant, or contractor, after service has been rendered, or a contract 
 has been entered into and performed, in whole or in part, nor to pay, or to authorize 
 the payment of, any claim hereafter created against the state, or any county or munici- 
 pality of the state, under any agreement or contract made without express authority 
 of law; and all such unauthorized agreements or contracts shall be null and void. 
 
 Sec. 33. The legislature shall pass laws for the regulation and limitation of the 
 charges for services performed and commodities furnished by telegraph and gas corpo- 
 rations, and the charges by cori^orations or individuals for storage and wharfage in 
 which there is a public use; and where laws shall provide for the selection of any per- 
 son or officer to regulate and limit such rates, no such person or officer shall be selected 
 by any corporation or individual interested in the business to be regulated, and no 
 person shall be selected who is an officer or stockholder in any such corporation. 
 
 Sec. 34. No bill making an appropriation of money, except the general appropria- 
 tion bill, shall contain more than one item of appropriation, and that for one single and 
 certain purpose, to be therein expressed. 
 
 Sec. 35. Any person who seeks to influence the vote of a member of the legislature 
 by bribery, promise of reward, intimidation, or any other dishonest means, shall be 
 guilty of lobbying, which is hereby declared a felony; and it shall be the duty of the 
 legislature to provide, by law, for the punishment of this crime. Any member of the 
 legislature who shall be influenced, in his vote or action upon any matter pending 
 before the legislature, by any reward, or promise of future reward, shall be deemed 
 guilty of a felony, and upon conviction thereof, in addition to such punishment as may 
 be provided by law, shall be disfranchised and forever disqualified from holding any 
 office or public trust. Any person may be compelled to testify in any lawful investiga- 
 tion or judicial proceeding against any person who may be charged with having com- 
 mitted the offense of bribery or corrupt solicitation, or with having been influenced in 
 his vote or action, as a member of the legislature, by reward, or promise of future 
 reward, and shall not be permitted to withhold his testimony upon the ground that 
 it may criminate himself, or subject him to public infamy; but such testimony shall not 
 afterwards be used against him in any judicial proceeding, except for perjury in giving 
 such testimony. 
 
 Sec. 36. The legislature shall have power to establish a system of state highways or 
 to declare any road a state highway, and to pass all laws necessary or proper to con- 
 struct and maintain the same, and to extend aid for the construction and maintenance 
 in whole or in part of any county highway. [New section adopted November 4, 1902.] 
 
 ARTICLE V. 
 EXECUTIVE DEPARTMENT. 
 
 Section 1. The supreme executive power of this state shall be vested in a chief 
 magistrate, who shall be styled the governor of the state of California. 
 
 Sec. 2. The governor shall be elected by the qualified electors at the time and places 
 of voting for members of the assembly, and shall hold his office four years from and 
 
 ( xlvl )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 after the first Monday after the first day of January subsequent to his election, and 
 until his successor is elected and qualified. 
 
 Sec. 3. No person shall be eligible to the office of governor who has not been a 
 citizen of the United States and a resident of this state five years next preceding his 
 election and attained the age of twenty-five years at the time of such election. 
 
 Sec. 4. The returns of every election for governor shall be sealed up and transmitted 
 to the seat of government, directed to the speaker of the assembly, who shall, during 
 the first week of the session, open and publish them in the presence of both houses of 
 the legislature. The person having the highest number of votes shall be governor; 
 but in ease any two or more have an equal and the highest number of votes, the legis- 
 lature shall, by joint vote of both houses, choose one of such persons so having an 
 equal and the highest number of votes for governor. 
 
 Sec. 5. The governor shall be commander-in-chief of the militia, the army and navy 
 of this state. 
 
 Sec. 6. He shall transact all executive business with the officers of government, civil 
 and military, and may require information, in writing, from the officers of the execu- 
 tive department upon any subject relating to the duties of their respective offices. 
 
 Sec. 7. He shall see that the laws are faithfully executed. 
 
 See. 8. When any office shall, from any cause, become vacant, and no mode is pro- 
 vided by the constitution and law for filling such vacancy, the governor shall have 
 power to fill such vacancy by granting a commission, which shall expire at the end of 
 the next session of the legislature, or the next election by the people. 
 
 Sec. 9. He may, on extraordinary occasions, convene the legislature by proclamation, 
 stating the purposes for which he has convened it, and when so convened it shall have 
 no power to legislate on anj' subjects other than those specified in the proclamation, 
 but may provide for the expenses of the session, and other matters incidental thereto. 
 
 Sec. 10. He shall communicate, by message to the legislature, at every session, the 
 condition of the state, and recommend such matters as he shall deem expedient. 
 
 Sec. 11. In case of a disagreement between the two houses with respect to the time 
 of adjournment, the governor shall have power to adjourn the legislature to such 
 time as he may think proper; provided, it be not beyond the time fixed for the meeting 
 of the next legislature. 
 
 Sec. 12. No person shall, while holding any office under the United States, or this 
 state, exercise the office of governor, except as hereinafter expressly provided. 
 
 Sec. 13. There shall be a seal of this state, which shall be kept by the governor, and 
 used by him officially, and shall be called "The Great Seal of the State of California." 
 
 Sec. 14. All grants and commissions shall be in the name and by the authority of 
 the people of the state of California, sealed with the great seal of the state, signed by 
 the governor, and countersigned by the secretary of state. 
 
 Sec. 15. A lieutenant governor shall be elected at the same time and place, and in 
 the same manner, as the governor, and his term of office and his qualifications shall be 
 the same. He shall be president of the senate, but shall only have a casting vote therein. 
 [Amendment adopted November 8, 1898.] 
 
 Sec. 16. In case of the impeachment of the governor, or his removal from office, 
 death, inability to discharge the powers and duties of his office, resignation, or absence 
 from the state, the powers and duties of the office shall devolve upon the lieutenant gov- 
 ernor for the residue of the term, or until the disability shall cease. And should the 
 lieutenant governor be impeached, disj^laced, resign, die, or become incapable of per- 
 forming the duties of his office, or be absent from the state, the president pro tempore 
 of the senate shall act as governor until the vacancy in the office of governor shall be 
 
 ( xlvll )
 
 CONSTITUTION OF THE STATE OP CALIFORNIA. 
 
 filled at the next general election when members of the legislature shall be chosen, or 
 until such disability of the lieutenant governor shall cease. In case of a vacancy in the 
 oflfice of governor for any of the reasons above named, and neither the lieutenant 
 governor nor the president pro tempore of the senate succeed to the powers and duties 
 of governor, then the powers and duties of such oflflce shall devolve upon the speaker 
 of the assembly, until the office of governor shall be filled at such general election. 
 [Amendment adopted November 8, 1898.] 
 
 Sec. 17. A secretary of state, a controller, a treasurer, an attorney general, and a 
 surveyor general shall be elected at the same time and places, and in the same manner, 
 as the governor and lieutenant governor, and their terms of office shall be the same 
 as that of the governor. 
 
 Sec. 18. The secretary of state shall keep a correct record of the official acts of the 
 legislative and executive departments of the government, and shall, when required, 
 lay the same, and all matters relative thereto, before either branch of the legislature, 
 and shall perform such other duties as may be assigned him by law. 
 
 Sec. 19. The governor, lieutenant governor, secretary of state, controller, treasurer, 
 attorney general and surveyor general shall, at stated times during their continuance 
 in office, receive for their services a compensation which shall not be increased or 
 diminished during the term for which they shall have been elected, which compensation 
 is hereby fixed for the following officers, as follows : Governor, ten thousand dollars per 
 annum; lieutenant governor, four thousand dollars, the secretary of state, controller, 
 treasurer, and surveyor general, five thousand dollars each per annum, and the attorney 
 general, six thousand dollars per annum, such compensation to be in full for all services 
 by them respectively rendered in any official capacity or employment whatsoever dur- 
 ing their respective terms of office ; provided, however, that the legislature may, by law, 
 diminish the compensation of any or all of such officers, but in no case shall have the 
 power to increase the same above the sums hereby fixed by this constitution. No 
 salary shall be authorized by law for clerical service in any office provided for in this 
 article, exceeding eighteen hundred dollars per annum for each clerk employed. The 
 legislature may, in its discretion, abolish the office of surveyor general; and none of 
 the officers hereinbefore named shall receive for their own use any fees or perquisites 
 for the performance of any official duty. [Amendment adopted November 3, 1908.] 
 
 Sec. 20. United States senators shall be elected by the people of the state in the 
 manner provided by law. [Amendment adopted November 3, 1914.] 
 
 ARTICLE VI. 
 JUDICIAL DEPARTMENT. 
 
 Section 1. The judicial power of the state shall be vested in the senate, sitting as a 
 court of impeachment, in a su^Dreme court, district courts of appeal, superior courts and 
 such inferior courts as the legislature may establish in any incorjDorated city or town, 
 township, county, or city and county. [Amendment adopted October 10, 1911.] 
 
 Sec. 2. The supreme court shall consist of a chief justice and six associate justices. 
 The court may sit in departments and in bank, and shall always be open for the trans- 
 action of business. There shall be two departments, denominated, respectively, depart- 
 ment one and department two. The chief justice shall assign three of the associate 
 justices to each department, and such assignment may be changed by him from time to 
 time. The associate justices shall be competent to sit in either department, and may 
 interchange with each other by agreement among themselves, or as ordered by the 
 chief justice. Each of the departments shall have the power to hear and determine 
 causes, and all questions arising therein, subject to the provisions hereinafter contained 
 in relation to the court in bank. The presence of three justices shall be necessary to 
 
 ( xlviii >
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 transact any business in either of the departments, except such as may be done at 
 chambers, and the concurrence of three justices shall be necessary to pronounce a 
 judgment. The chief justice shall apportion the business to departments, and may, 
 in his discretion, order any cause pending before the court to be heard and decided 
 by the court in bank. The order may be made before or after judgment pronounced 
 bj"^ a department; but where a cause has been allotted to one of the departments, and 
 a judgment pronounced thereon, the order must be made within thirty days after such 
 judgment, and concurred in by two associate justices, and if so made it shall have the 
 effect to vacate and set aside the judgment. Any four justices may, either before or 
 after judgment by a department, order a case to be heard in bank. If the order be not 
 made within the time above limited, the judgment shall be final. No judgment b}' a 
 department shall become final until the expiration of the period of thirty days afore- 
 said, unless approved by the chief justice, in writing, with the concurrence of two 
 associate justices. The chief justice may convene the court in bank at any time, and 
 shall be the presiding justice of the court when so convened. The concurrence of four 
 justices present at the argument shall be necessary to pronounce a judgment in bank ; 
 but if four justices, so present, do not concur in a judgment, then all the justices 
 qualified to sit in the cause shall hear the argument; but to render a judgment a con- 
 currence of four judges shall be necessary. In the determination of causes, all decisions 
 of the court, in bank or in department, shall be given in writing, and the grounds of 
 the decision shall be stated. The chief justice may sit in either department, and shall 
 preside when so sitting, but the justices assigned to each department shall select one 
 of their number as presiding justice. In case of the absence of the chief justice from 
 the place at which the court is held, or his inability to act, the associate justices shall 
 select one of their own number to perform the duties and exercise the powers of the 
 chief justice during such absence or inability to act. 
 
 Sec. 3. The chief justice and the associate justices shall be elected by the qualified 
 electors of the state at large at the general state elections, at the time and places at 
 which state oflBcers are elected; and the term of office shall be twelve years from and 
 after the first Monday after the first day of Januai-y next succeeding their election; 
 provided, that the six associate justices elected at the first election shall, at their first 
 meeting, so classify themselves, by lot, that two of them shall go out of office at the 
 end of four years, two of them at the end of eight years, and two of them at the end 
 of twelve years, and an entry of such classification shall be made in the minutes of the 
 court in bank, signed by them, and a duplicate thereof shall be filed in the office of 
 the secretary of state. If a vacancy occur in the office of a justice, the governor shall 
 appoint a person to hold the office until the election and qualification of a justice to 
 fill the vacancy, which election shall take place at the next succeeding general election, 
 and the justice so elected shall hold the office for the remainder of the unexpired term. 
 The first election of the justices shall be the first general election after the adoption 
 and ratification of this constitution. 
 
 Sec. 4. The supreme court shall have appellate jurisdiction on appeal from the supe- 
 rior courts in all cases in equity, except such as arise in justices' courts; also, in all cases 
 at law which involve the title or possession of real estate, or the legality of any tax, 
 impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, 
 or the value of the property in controversy, amounts to two thousand dollars; also, in 
 all such probate matters as may be provided by law; also, on questions of law alone, 
 in all criminal cases, where judgment of death has been rendered; the said court shall 
 also have appellate jurisdiction in all cases, matters and proceedings pending before 
 a Histrict court of appeal, which shall be ordered by the supreme court to be transferred 
 to itself for hearing and decision, as hereinafter provided. The said court shall also 
 have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and 
 
 (xllx )
 
 CONSTITUTION OF THE STATE OP CALIFORNIA* 
 
 all other writs necessary or proper to the complete exercise of its appellate jurisdiction. 
 Each of the justices shall have power to issue writs of habeas corpus to any part of 
 the state, upon petition by or on behalf of any person held in actual custody, and may 
 make such writs returnable before himself or the supreme court, or before any district 
 court of appeal, or before any judge thereof, or before any superior court in the state, 
 or before any judge thereof. 
 
 The state is hereby divided into three appellate districts, in each of which there shall 
 be a district court of appeal. 
 
 The courts of appeal for the first and second appellate districts shall each consist 
 
 of two divisions of three justices each. 
 
 The court of the third appellate district shall consist of three justices. 
 
 The district courts of appeal as existing immediately prior to the general election 
 of the year one thousand nine hundred eighteen shall not be affected as to the officers 
 or terms of office of the justices thereof by the amendment of this section at that elec- 
 tion; and the justices of the district courts of appeal of districts of the first and 
 second districts at the time of said general election shall constitute division one of each 
 of said districts respectively. Each of such divisions shall constitute and shall exercise 
 all of the powers of a district court of appeal. 
 
 The first district shall embrace the following counties : San Francisco, Marin, Contra 
 Costa, Alameda, San Mateo, Santa Clara, Fresno, Santa Cruz, Monterey and San Benito. 
 
 The second district shall embrace the following counties : Tulare, Kings, San Luis 
 Obispo, Kern, Inyo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, 
 Riverside, San Diego and Imperial. 
 
 The third district shall embrace the following counties: Del Norte, Siskiyou, Modoc, 
 Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, Mendocino, Lake, Colusa, Glenn, 
 Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, Napa, Yolo, Placer, Solano, Sacramento, 
 El Dorado, San Joaquin, Amador, Calaveras, Stanislaus, Mariposa, Madera, Merced, 
 Tuolumne, Alpine and Mono. 
 
 The supreme court by orders entered in its minutes, may from time to time remove 
 one or more counties from one appellate district to another, but no county not con- 
 tiguous to another county of a district shall be added to such district. 
 
 Said district courts of appeal shall hold their regular sessions respectively at San 
 Francisco, Los Angeles and Sacramento, and they shall always be open for the trans- 
 action of business. 
 
 The district courts of appeal shall have appellate jurisdiction on appeal from the 
 superior courts in all cases at law in which the demand, exclusive of interest, or the 
 value of the property in controversy, amounts to three hundred dollars, and does not 
 amount to two thousand dollars; also, in all eases of forcible and unlawful entry and 
 detainer (except such as arise in justices' courts), in proceedings in insolvency, and 
 in actions to prevent or abate a nuisance; in proceedings of mandamus, certiorari and 
 prohibition, usurpation of office, contesting elections and eminent domain, and in such 
 other special proceedings as may be provided by law (excepting cases in which appellate 
 jurisdiction is given to the supreme court) ; also, on questions of law alone, in all 
 criminal cases prosecuted by indictment or information in a court of record, excepting 
 criminal cases where judgment of death has been rendered. The said courts shall also 
 have appellate jurisdiction in all cases, matters, and proceedings pending before the 
 supreme court which shall be ordered by the supreme court to be transferred to a dis- 
 trict court of appeal for hearing and decision. The said courts shall also have power 
 to issue writs of mandamus, certiorari, prohibition and habeas corpus, and all other 
 writs necessary or proper to the complete exercise of their appellate jurisdiction. 
 
 (1)
 
 CONSTITLTIOX OF THE STATE OF CALIFORNIA. 
 
 Each of the justices thereof shall have power to issue writs of habeas corpus to any 
 part of his appellate district upon petition by or on behalf of any person h«ld in actual 
 custody, and may make such writs returnable before himself or the district court of 
 appeal of his district, or before any superior court within his district, or before any 
 judge thereof. 
 
 The supreme court shall have power to order any cause pending before the supreme 
 court to be heard and determined by a district court of appeal, and to order any cause 
 pending before a district court of appeal to be heard and determined by the supreme 
 court. The order last mentioned may be made before judgment has been pronounced 
 by a district court of appeal, or within thirty days after such judgment shall have 
 become final therein. The judgments of the district courts of appeal shall become final 
 therein upon the expiration of thirty days after the same shall have been pronounced. 
 
 The supreme court shall have power to order causes pending before a district court 
 of appeal for one district to be transferred to the district court of appeal of another 
 district, or from one division thereof to another, for hearing and decision. 
 
 The justices of the district courts of appeal shall be elected by the qualified electors 
 within their respective districts at the general state elections; and the term of office 
 of said justices shall be twelve years from and after the first day of January next 
 succeeding their election. 
 
 Upon the adoption by the people of this section by amendment at the general 
 election of the year one thousand nine hundred eighteen, the governor shall appoint 
 six persons to serve as justices of the district courts of appeal — three as justices of 
 division two of the first appellate district, and three as justices of division two of 
 the second appellate district — from and after their qualification and until the next 
 general election and qualification of their successors. The justices of divisions two 
 of the first and second appellate districts elected as above provided, shall so classify 
 themselves by lot that one of them shall go out of office at the end of four years, one 
 of them at the end of eight years, and one of them at the end of twelve years, and entry 
 of such classification shall be made in the minutes of said division, signed by the three 
 justices thereof, and a duplicate thereof filed in the office of the secretary of state. 
 
 If any vacancy occur in the office of a justice of the district courts of appeal, the 
 governor shall appoint a person to hold office until the election and qualification of 
 a justice to fill the vacancy. Such election shall take place at the next succeeding 
 general state election, as aforesaid; the justice then elected shall hold office for the 
 unexpired term; provided, that whenever the tei-m of office of the justice whose place 
 is filled by appointment is fixed by law to expire on the first Monday of January after 
 the next succeeding general election, then the person so appointed to fill the vacancy 
 shall hold office for the remainder of such unexpired term. 
 
 One of the justices of each of the district courts of appeal, and of each division of 
 said courts, shall be the presiding justice thereof, and as such shall be appointed or 
 elected, as the case may be. 
 
 The presence of two justices shall be necessary for the transaction of any business 
 by such court except such as may be done at chambers, and the concurrence of two 
 justices shall be necessary to pronounce a judgment. 
 
 Whenever any justice of the supreme court is for any reason disqualified or unable 
 to act in a cause pending before it, the remaining justices may select one of the justices 
 of a district court of appeal or a judge of the superior court to act pro tempore in the 
 place of the justice so disqualified or unable to act. 
 
 Whenever any justice of a district court of appeal, or any division thereof, is for 
 any reason disqualified or unable to act in any cause pending before it, the other 
 justices of said court or division may aj^point a justice of a district court of appeal of 
 
 (li)
 
 CONSTITUTION OF THE SI ATE OF CALIFORNIA^ 
 
 another district or division, or a judge of the superior court who has not acted in the 
 cause in a court below, to act pro tempore in the place of the justice so disqualified 
 or unable to act. 
 
 No appeal taken to the supreme court or to a district court of appeal shall be dis- 
 missed for the reason only that the same was not taken to the proper court, but the 
 cause shall be transferred to the proper court upon such terms as to costs or otherwise 
 as may be just, and shall be proceeded with therein as if regularly appealed thereto. 
 
 All statutes now in force allowing, providing for or regulating appeals to the 
 supreme court shall apply to appeals to the district courts of appeal so far as such 
 statutes are not inconsistent with this article and until the legislature shall otherwise 
 provide. 
 
 The supreme court shall make and adopt rules not inconsistent with law for the 
 government of the supreme coiu't and of the district courts of appeal and of the officers 
 thereof, and for regulating the practice in said courts, and for the distribution of 
 causes between the divisions of said court. [Amendment adopted November 5, 1918.] 
 
 Sec, 4%. No judgment shall be set aside, or new trial granted, in any case, on the 
 ground of misdirection of the jury, or of the improper admission or rejection of evi- 
 dence, or for any error as to any matter of pleading, or for any error as to any matter 
 of procedure, unless, after an examination of the entire cause, including the evidence, 
 the court shall be of the opinion that the error complained of has resulted in a mis- 
 carriage of justice. [Amendtaent adopted November 3, 1914.] 
 
 See. 5. The superior court shall have original jurisdiction in all cases in equity, 
 and in all cases at law which involve the title or possession of real property, or the 
 legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases 
 in which the demand, exclusive of interest or the value of the property in controversy 
 amounts to three hundred dollars, and in all criminal cases amounting to felony, and 
 cases of m.isdemeanor not otherwise provided for; of actions of forcible entiy and 
 detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all 
 matters of probate; of divorce and for annulment of marriage; and of all such special 
 cases and proceedings as are not otherwise provided for, and said court shall have the 
 power of naturalization, and to issue papers therefor. They shall have appellate juris- 
 diction in such cases arising in inferior courts in their respective counties as may be 
 prescribed by law. They shall be always open (legal holidaj's and non-judicial days 
 excepted), and their process shall extend to all parts of the State; provided, that all 
 actions for the recovery of the possession of, quieting the title to, or for the enforce- 
 ment of liens upon real estate, shall be commenced in the county in which the real 
 estate, or any part thereof, affected by such action or actions, is situated. Said courts, 
 and their judges, shall have power to issue writs of mandamus, certiorari, prohibition, 
 quo warranto, and habeas corpus, on petition by or on behalf of any person in actual 
 custody, in their respective counties. Injunctions and writs of prohibition may be 
 issued and served on legal holidays and non-judicial days. [Amendment adopted Octo- 
 ber 10, 1911.] 
 
 Sec. 6. There shall be in each of the organized counties, or cities and counties, 
 of the state, a superior court, for each of which at least one judge shall be elected by 
 the qualified electors of the county, or city and county, at the general state election; 
 provided, that until otherwise ordered by the legislature, only one judge shall be elected 
 for the counties of Yuba and Sutter, and that in the city and county of San Francisco 
 there shall be elected twelve judges of the superior court, any one or more of whom may 
 hold court. There may be as many sessions of said court, at the same time, as there 
 are judges thereof. The said judges shall choose, from their own number, a presiding 
 judge, who may be removed at their pleasure. He shall distribute the business of the
 
 COXSTITLTIOX OF THE STATE OF CALIFORNIA. 
 
 court among the judges thereof, and prescribe the order of business. The judgments, 
 orders, and proceedings of any session of the superior court held by any one or more 
 of the judges of said courts, respectively, shall be equally effectual as if all the judges 
 of said respective courts presided at such session. In each of the counties of Sacra- 
 mento. San Joaquin, Los Angeles, Sonoma, Santa Clara, and Alameda there shall be 
 elected two such judges. The term of ofiBce of judges of the superior courts shall be six 
 years from and after the first Monday of January next succeeding their election; pro- 
 vided, that the twelve judges of the superior court elected in the city and county of 
 San Francisco, at the first election held under this constitution, shall at their first meet- 
 ing so classify themselves, by lot, that four of them shall go out of ofiSce at the end of 
 two years, and four of them shall go out of office at the end of four years, and four 
 of them shall go out of office at the end of six years, and an entry of such classification 
 shall be made in the minutes of the court, signed by them, and a duplicate thereof filed 
 in the office of the secretary of state. The first election of judges of the superior courts 
 shall take place at the first general election held after the adoption and ratification of 
 this constitution. If a vacancy occur in the office of judge of a superior court, the gov- 
 ernor shall appoint a person to hold the office until the election and qualification of a 
 judge to fill the vacancy, which election shall take place at the next succeeding general 
 election, and the judge so elected shall hold office for the remainder of the unexpired 
 term. 
 
 Sec. 7. In any county, or city and county, other than the city and county of 
 San Francisco, in which there shall be more than one judge of the superior court the 
 judges of such court may hold as many sessions of said court at the same time as there 
 are judges thereof, and shall apportion the business among themselves as equally as 
 may be. 
 
 Sec. 8. A judge of any superior court may hold a superior court in any county, 
 at the request of a judge of the superior court thereof, and upon the request of the 
 governor it shall be his duty so to do. But a cause in the superior court may be tried 
 by a judge pro tempore, who must be a member of the bar, agreed upon in writing by 
 the parties litigant, or their attorneys of record, and sworn to try the cause, and the 
 person so selected shall be empowered to act in such capacity in all further proceedings 
 in any suit or proceedings tried before him until the final determination thereof. There 
 may be as many sessions of a superior court at the same time as there are judges thereof, 
 including any judge or judges acting upon request, or any judge or judges pro tempore. 
 The judgments, orders, acts and proceedings of any session of any superior court held 
 by one or more judges acting upon request, or judge or judges pro tempore, shall be 
 equally effective as if the judge or all of the judges of such court presided at such 
 session. [Amendment adopted November 8, 1910.] 
 
 See. 9. The legislature shall have no power to grant leave of absence to any judi- 
 cial officer; and any such officer who shall absent himself from the state for more 
 than sixty consecutive days shall be deemed to have forfeited his office. The legislature 
 of the state may, at any time, two-thirds of the members of the senate and two-thirds of 
 the members of the assembly voting therefor, increase or diminish the number of judges 
 of the superior court in any county, or city and county, in the state; provided, that no 
 such reduction shall affect any judge who has been elected. 
 
 Sec. 10. Justices of the supreme court, and of the district courts of appeal, and 
 judges of the superior courts may be removed by concurrent resolution of both houses 
 of the legislature adopted by a two-thirds vote of each house. All other judicial officers, 
 except justices of the peace, may be removed by the senate on the recommendation of 
 the governor; but no removal shall be made by virtue of this section unless the cause 
 thereof be entered on the journal, nor unless the party complained of has been served 
 with a copy of the complaint against him nnd shall have had an opportunity of being 
 
 ( liii )
 
 CONSTITUTION OF THE STATE OP CALIFORNIA, 
 
 heard in his defense. On the question of removal the ayes and noes shall be entered on 
 the journal. [Amendment adopted November 8, 1904.] 
 
 Sec. 11. The legislature shall determine the number of each of the inferior courts 
 in incorporated cities or towns, and in townships, counties, or cities and counties, 
 according to the population thereof and the number of judges or justices thereof, and 
 shall fix by law the powers, duties and responsibilities of each of such courts and of 
 the judges or justices thereof; provided, such powers shall not in any case trench upon 
 the jurisdiction of the several courts of record, except that the legislature shall provide 
 that said courts shall have concurrent jurisdiction with the superior courts in cases of 
 forcible entry and detainer, where the rental value does not exceed twenty-five dollars 
 per month, and where the whole amount of damages claimed does not exceed two hun- 
 dred dollars, and in cases to enforce and foreclose liens on personal property when 
 neither the amount of liens nor the value of the property amounts to three hundred 
 dollars. [Amendment adopted October 10, 1911.] 
 
 Sec. 12. The supreme court, the district courts of appeal, the superior courts, and 
 such other courts as the legislature shall prescribe, shall be courts of record. [Amend- 
 ment adopted November 8, 1904.] 
 
 Sec. 13. The legislature shall fix by law the jurisdiction of any inferior courts 
 which may be established in pursuance of section one of this article, and shall fix by 
 law the powers, duties, and responsibilities of the judges thereof. 
 
 Sec. 14. The county clerks shall be ex officio clerks of the courts of record in 
 and for their respective counties, or cities and counties. The legislature may also pro- 
 vide for the appointment, by the several superior courts, of one or more commissioners 
 in their respective counties, or cities and counties, with authority to perform chamber 
 business of the judges of the superior courts, to take depositions, and perform such 
 other business connected with the administration of justice as may be prescribed by 
 law. [Amendment adopted October 10, 1911.] 
 
 Sec. 15. No judicial officer, except court commissioners, shall receive to his own 
 use any fees or perquisites of office; provided, that justices of the peace now holding 
 office shall receive to their own use such fees as are now allowed by law during the 
 terms for which they have been elected. [Amendment adopted October 10, 1911.] 
 
 Sec. 16. The legislature shall provide for the speedy publication of such opinions 
 of the supreme court and of the district courts of appeal as the supreme court may 
 deem expedient, and all opinions shall be free for publication by any person. [Amend- 
 ment adopted November 8, 1904.] 
 
 Sec. 17. The justices of the supreme court and of the district courts of appeal, 
 and the judges of the superior courts, shall severally, at stated times during their con- 
 tinuance in office, receive for their service such compensation as is or shall be provided 
 by law. The salaries of the judges of the superior court, in all counties having but one 
 judge, and in all counties in which the terms of the judges of the superior court expire 
 at the same time, shall not hereafter be increased or diminished after their election, nor 
 during the term for which they shall have been elected. Upon the adoption of this 
 amendment the salaries then established by law shall be paid uniformly to the justices 
 and judges then in office. The salaries of the justices of the supreme court and of the 
 district courts of appeal shall be paid by the state. One-half of the salary of each 
 superior court judge shall be paid by the state; and the other half thereof shall be 
 paid by the county for which he is elected. On and after the first day of January, A. D., 
 one thousand nine hundred and seven, the justices of the supreme court shall each 
 receive an annual salary of eight thousand dollars, and the justices of the several dis- 
 trict courts of appeal shall receive an annual salary of seven thousand dollars; the said 
 salaries to be payable monthly. [Amendment adopted November 6, 1906.] 
 
 (Hv)
 
 CONSTITl'TIOIV OF THE STATE OF CALIFORNIA. 
 
 Sec. 18. The justices of the supreme court, and of the district courts of appeal, 
 and the judges of the superior courts shall be ineligible to any other office or public 
 employment than a judicial office or employment during the term for which they shall 
 have been elected. [Amendment adopted November 8, 1904.] 
 
 Sec. 19. Judges shall not charge juries with respect to matters of fact, but may 
 state the testimony and declare the law. 
 
 Sec. 20. The style of process shall be "The People of the State of California," 
 and all prosecutions shall be conducted in their names and by their authority. 
 
 Sec. 21. The supreme court shall appoint a clerk of the supreme court; provided, 
 however, that any person elected to the office of clerk of the supreme court before the 
 adoption hereof, shall continue to hold such office until the expiration of the term for 
 which he may have been elected. Said court may also appoint a reporter and not more 
 than three assistant reporters of the decisions of the supreme court and of the district 
 courts of appeal. Each of the district courts of appeal shall appoint its own clerk. All 
 the officers herein mentioned shall hold office and be removable at the pleasure of the 
 courts by which they are severally appointed, and they shall receive such compensation 
 as shall be prescribed by law, and discharge such duties as shall be prescribed by law, 
 or by the rules or orders of the courts by which they are severally appointed. [Amend- 
 ment adopted October 10, 1911.] 
 
 Sec. 22. No judge of a court of record shall practice law in any court of this 
 state during his continuance in office. 
 
 Sec. 23. No one shall be eligible to the office of a justice of the supreme court, or 
 of a district court of appeal, or of a judge of a superior court, unless he shall have been 
 admitted to practice before the supreme court of the state. [Amendment adopted 
 November 8, 1904.] 
 
 Sec. 24. No judge of the supreme court nor of a district court of appeal, nor 
 of a superior court, shall draw or receive any monthly salary unless he shall make and 
 subscribe an affidavit before an officer entitled to administer oaths, that no cause in hia 
 court remains pending and undecided, that has been submitted for decision for a period 
 of ninety days. In the determination of causes all decisions of the supreme court and 
 of the district courts of appeal shall be given in writing, and the grounds of the deci- 
 sions shall be stated. When the justices of a district court of appeal are unable to con- 
 cur in a judgment, they shall give their several opinions in writing and cause copies 
 thereof to be forwarded to the supreme court. [Amendment adopted November 8, 
 1904.] 
 
 See. 25. The present supreme court commission shall be abolished at the expira- 
 tion of its present term of office, and no supreme court commission shall be created or 
 provided for after January 1, A. D. 1905. [New section adopted November 8, 1904.] 
 
 ARTICLE VII. 
 
 PARDONING POWER. 
 Section 1. The governor shall have the power to grant reprieves, pardons, and com- 
 mutations of sentence, after conviction, for all offenses except treason and cases of 
 impeachment, upon such conditions, and with such restrictions and limitations, as he 
 may think proper, subject to such regulations as may be provided by law relative to 
 the manner of applying for pardons. Upon conviction for treason, the goveraor shall 
 have power to suspend the execution of the sentence until the case shall be reported to 
 the legislature at its next meeting, when the legislature shall either pardon, direct the 
 execution of the sentence, or grant a further reprieve. The governor shall communicate 
 to the legislature, at the beginning of every session, every case of reprieve or pardon 
 
 (It)
 
 CONSTITUTION OF THE STATE OP CALIFORNIA. 
 
 granted, stating the name of the convict, the crime for which he was convicted, the 
 sentence, its date, the date of the pardon or reprieve, and the reasons for granting the 
 same. Xeither the governor nor the legislature shall have power to grant pardons, or 
 commutations of sentence, in any case where the convict has been twice convicted of a 
 felony, unless upon the written recommendation of a majority of the judges of the 
 supreme court. 
 
 ARTICLE Vin. 
 
 MILITIA. 
 
 Section 1. The legislature shall provide, by law, for organizing and disciplining the 
 militia, in such manner as it may deem expedient, not incompatible with the constitution 
 and laws of the United States. Officers of the militia shall be elected or appointed in 
 such manner as the legislature shall, from time to time, direct, and shall be commis- 
 sioned by the governor. The governor shall have power to call forth the militia to 
 execute the laws of the state, to suppress insurrections, and repel invasions. 
 
 Sec. 2. All military organizations provided for by this constitution, or any law 
 of this state, and receiving state support, shall, while under arms, either for ceremony 
 or duty, carrj' no device, banner, or flag of any state or nation, except that of the 
 United States or the state of California. 
 
 ARTICLE IX. 
 EDUCATION. 
 
 Section 1. A general diffusion of knowledge and intelligence being essential to the 
 preservation of the rights and liberties of the people, the legislature shall encourage by 
 all suitable means the promotion of intellectual, scientific, moral and agricultural 
 improvement. 
 
 Sec, 2. A superintendent of public instruction shall, at each gubernatorial election 
 after the adoption of this constitution, be elected by the qualified electors of the 
 state. He shall receive a salarj' equal to that of the secretary of state, and shall enter 
 upon the duties of his office on the first Monday after the first day of January next 
 succeeding his election. 
 
 Sec. 3. A superintendent of schools for each county shall be elected by the qualified 
 electors thereof at each gubernatorial election; provided, that the legislature may 
 authorize two or more counties to unite and elect one superintendent for the counties 
 so uniting. 
 
 Sec. 4. The proceeds of all lands that have been or may be granted by the 
 United States to this state for the support of common schools, which may be, or may 
 have been, sold or disposed of, and the five hundred thousand acres of land granted 
 to the new states under an act of congress distributing the proceeds of the public lands 
 among the several states of the Union, approved A. D. one thousand eight hundred and 
 forty-one, and all estates of deceased persons who may have died without leaving a will 
 or heir, and also such per cent as may be granted or may have been granted, by con- 
 gress on the sale of lands in this state, shall be and remain a perpetual fund, the interest 
 of which, together with all the rents of the unsold lands, and such other means as the 
 legislature may provide, shall be inviolably appropriated to the support of common 
 schools throughout the state. 
 
 Sec. 5. The legislature shall provide for a system of common schools, by which 
 a free school shall be kept up and supported in each district at least six months in 
 every year, after the first year in which a school has been established. 
 
 (Ivl )
 
 CONSTITUTIOX OF TIIC STATE OF CALIFORNIA. 
 
 See. G. The public school system shall include day and evening elementary schools, 
 and such day and evening secondary schools, technical schools, kindergarten schools 
 and normal schools or teachers' colleges, as may be established by the legislature, or 
 by municipal or district authority. 
 
 The legislature shall add to the state school fund such other means from the revenues 
 of the state as shall provide in said fund for distribution in each school year in such 
 manner as the legislature shall provide an amount not less than thirty dollars per pupil 
 in average daily attendance in the day and evening elementary schools in the public 
 school system during the next preceding school yeai\ 
 
 The legislature shall provide a state high school fund from the revenues of the state 
 for the support of day and evening secondary and technical schools, which for each 
 school year, shall provide for distribution in such manner as the legislature shall pro- 
 vide an amount not less than thirty dollars per pupil in average daily attendance in the 
 day and evening secondary and technical schools in the public school system during the 
 next preceding school year. 
 
 The legislature shall provide for the levying of a county, and city and county, elemen- 
 tary school tax, by the board of supervisors of each county, and city and county, suffi- 
 cient in amount to produce a sum of money not less than the amount of money to be 
 received during the current school year from the state for the support of the public 
 day and evening elementary schools of the county, or city and county; provided that 
 said elementary school tax levied by any board of supervisors shall produce not less 
 than thirt}' dollars per pupil in average daily attendance in the public day and evening 
 elementary schools of the county, or city and county, during the next preceding school 
 year. 
 
 The legislature shall provide for the levying of a county, and city and county, high 
 school tax by the board of supervisors of each county, and city and county sufficient in 
 amount to produce a sum of money not less than twice the amount of money to be 
 received during the current school year from the state for the support of the public day 
 and evening secondary and technical schools of the county, or city and county; pro- 
 vided that the high school tax levied by the board of supervisors shall produce not less 
 than sixty dollars per pupil in average daih' attendance in the public day and evening 
 secondary schools of the county, or city and county, during the next preceding school 
 year. 
 
 The legislature shall provide for the levying of school district taxes by the board of 
 supervisors of each county, and city and county, for the support of public elementary 
 schools, secondary schools, technical schools, and kindergarten schools, or for any other 
 public school purpose authorized by the legislature. 
 
 The entire amount of money provided by the state, and not less than sixty per cent 
 of the. amount of money provided by county, or city and county, school taxes shall be 
 applied exclusively to the payment of public school teachers' salaries. 
 
 The revenues provided for the public school system for the school year ending 
 June 30, 1921, shall not be affected by this amendment except as the legislature may 
 provide. [Amendment adopted November 2, 1920.] 
 
 Sec. 7. The legislature shall provide for the appointment or election of a state 
 board of education, and said board shall provide, compile, or cause to be compiled, 
 and adopt, a uniform series of textbooks for use in the day and evening elementary 
 schools throughout the state. The state board may cause such textbooks, when adopted, 
 to be printed and published by the superintendent of state printing, at the state printing 
 office; and wherever and however such textbooks may be printed and published, they 
 shall be furnished and distributed by the state free of cost or any charge whatever, to 
 all children attending the day and evening elementary schools of the state, under such 
 
 ( Ivii )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 conditions as the legislature shall prescribe. The textbooks, so adopted, shall continue 
 in use not less tha.n four years, without any change or alteration whatsoever which will 
 require or necessitate the furnishing of new books to such pupils, and said state board 
 shall perform such other duties as may be prescribed b}' law. The legislature shall pro- 
 vide for a board of education in each county in the state. The county superintendents 
 and the county boards of education shall have control of the examination of teachers 
 and the granting of teachers' certificates within their respective jurisdictions. [Amend- 
 ment adopted November 5, 1912.] 
 
 Sec. 8. No public money shall ever be appropriated for the support of any sec- 
 tarian or denominational school, or any school not under the exclusive control of the 
 officers of the public schools; nor shall any sectarian or denominational doctrine be 
 taught, or instruction thereon be permitted, directly or indirectly, in any of the com- 
 mon schools of this state. 
 
 Sec. 9. The University of California shall constitute a public trust, to be admin- 
 istered by the existing corporation known as ' ' The regents of the University of Califor- 
 nia, " with full powers of organization and government, subject only to such legislative 
 control as may be necessary to insure compliance with the terms of the endowments of 
 the university and the security of its funds. Said corporation shall be in form a board 
 composed of eight ex officio members, to wit : the governor, the lieutenant governor, the 
 speaker of the assembly, the superintendent of public instruction, the president of the 
 state board of agriculture, the president of the Mechanics Institute of San Francisco, 
 the president of the alumni association of the university and the acting president of 
 the university, and sixteen appointive members appointed by the governor; provided, 
 however, that the present appointive members shall hold office until the expiration of 
 their present terms. The term of the appointive members shall be sixteen years; the 
 terms of two appointive members to expire as heretofore on March first of every even- 
 numbered calendar year, and in case of any vacancy the term of office of the appointee 
 to fill such vacancy, who shall be appointed by the governor, to be for the balance of 
 the term as to which such vacancy exists. Said corporation shall be vested with the 
 legal title and the management and disposition of the property of the university and of 
 property held for its benefit and shall have the power to take and hold, either by pur- 
 chase or by donation, or gift, testamentary or otherwise, or in any other manner, with- 
 out restriction, all real and personal property for the benefit of the university or inci- 
 dentally to its conduct. Said corporation shall also have all the powers necessary or 
 convenient for the effective administration of its trust, including the power to sue and 
 to be sued, to use a seal, and to delegate to its committees or to the faculty of the univer- 
 sity, or to other, such authority or functions as it may deem wise; provided, that all 
 moneys derived from the sale of public lands donated to this state by act of congress 
 approved July 2, 1862 (and the several acts amendatory thereof), shall be invested as 
 provided by said acts of congress and the income from said moneys shall be inviolabh' 
 appropriated to the endowment, support and maintenance of at least one college of 
 agriculture, where the leading objects shall be (without excluding other scientific and 
 classical studies, and including military tactics) to teach such branches of learning as 
 are related to scientific and practical agriculture and mechanic arts, in accordance with 
 the requirements and conditions of said acts of congress; and the legislature shall pro- 
 vide that if, through neglect, misappropriation, or any other contingency, any portion 
 of the funds so set apart shall be diminished or lost, the state shall replace such portion 
 so lost or misappropriated, so that the principal thereof shall remain forever undimin- 
 ished. The university shall be entirely independent of all political or sectarian influence 
 and kept free therefrom in the appointment of its regents and in the administration of 
 its affairs, and no person shall be debarred admission to any department of the univer- 
 sity on account of sex. [Amendment adopted November 5, 1918.] 
 
 ( Iviil )
 
 CONSTITlTIO> OF THE STATE OF CALIFORNIA. 
 
 Sec. 10. The trusts and estates created for the founding, endowment, and main- 
 tenance of the Leland Stanford Junior University, under and in accordance with "An 
 act to advance learning," etc., approved March ninth, eighteen hundred and eighty-five, 
 by the endowment grant executed by Leland Stanford and Jane Lathrop Stanford on 
 the eleventh day of November, A. D. eighteen hundred and eighty-five, and recorded in 
 liber eighty-three of deeds, at page twenty-three et seq., records of Santa Clara county, 
 and by the amendments of such grant, and by gifts, grants, bequests, and devises sup- 
 plementary thereto, and by confirmatory grants, are permitted, approved, and con- 
 firmed. The board of trustees of the Leland Stanford Junior University (as such) or in 
 the name of the institution, or by other intelligible designation of the trustees of the 
 institution, may receive property, real or personal, and wherever situated, by gift, 
 grant, devise, or bequest, for the benefit of the institution, or of any department thereof, 
 and such property, unless otherwise provided, shall be held by the trustees of the 
 Leland Stanford Junior University upon the trusts provided for in the grant founding 
 the university, and amendments thereof, and grants, bequests, and devises supplemen- 
 tary thereto. The legislature, by special act, may grant to the trustees of the Leland 
 Stanford Junior University corporate powers and privileges, but it shall not thereby 
 alter their tenure, or limit their powers or obligations as trustees. All property now or 
 hereafter held in trust for the founding, maintenance, or benefit of the Leland Stanford 
 Junior University, or of any department thereof, may be exempted by special act from 
 state taxation, and all personal property so held, the Palo Alto farm as described in the 
 endowment grant to the trustees of the university, and all other real property so held 
 and used by the university for educational purposes exclusively, may be similarly 
 exempted from county and municipal taxation; provided, that residents of California 
 shall be charged no fees for tuition unless such fees be authorized by act of the legisla- 
 ture. [New section adopted November 6, 1900.] 
 
 Sec. 11. All property now or hereafter belonging to **The California School of 
 Mechanical Arts," an institution founded and endowed by the late James Lick to edu- 
 cate males and females in the practical arts of life, and incorporated under the laws 
 of the state of California, November twenty-third, eighteen hundred and eighty-five, 
 having its school buildings located in the city and county of San Francisco, shall be 
 exempt from taxation. The trustees of said institution must annually report their pro- 
 ceedings and financial accounts to the governor. The legislature may modify, suspend, 
 and revive at will the exemption from taxation herein given. [New section adopted 
 November 6, 1900.] 
 
 Sec. 12. All property now or hereafter belonging to the "California Academy 
 of Sciences," an institution for the advancement of science and maintenance of a free 
 museum, and chiefly endowed by the late James Lick, and incorporated under the laws 
 of the state of California, January sixteenth, eighteen hundred and seventy-one, having 
 its buildings located in the city and county of San Francisco, shall be exempt from 
 taxation. The trustees of said institution must annually report their proceedings and 
 financial accounts to the governor. The legislature may modify, suspend, and revive 
 at will the exemption from taxation herein given. [New section adopted November 8, 
 1904.] 
 
 Sec. 13. All property now or hereafter belonging to the Cogswell Polytechnical 
 College, an institution for the advancement of learning, incorporated under the laws 
 of the state of California, and having its buildings located in the city and county of 
 San Francisco, shall be exempt from taxation. The trustees of said institution must 
 annuallj- report their proceedings and financial accounts to the governor. The legisla- 
 ture may modify, suspend, and revive at will the exemption from taxation herein 
 given. [New section adopted November 6, 1006.] 
 
 ( lix )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 ARTICLE X. 
 STATE INSTITUTIONS AND PUBLIC BUILDINGS. 
 
 Section 1. There shall be a state board of prison directors, to consist of five persons, 
 to be appointed by the governor, with the advice and consent of the senate, who shall 
 hold office for ten years, excej^t that the first appointed shall, in such manner as the 
 legislature may direct, be so classified that the term of one person so appointed shall 
 expire at the end of each two years during the first ten years, and vacancies occurring 
 shall be filed in like manner. The appointee to a vacancy occurring before the expira- 
 tion of a term shall hold office only for the unexpired term of his predecessor. The 
 governor shall have the power to remove either of the directors for misconduct, incom- 
 petency, or neglect of duty, after an opportunity to be heard upon written charges. 
 
 Sec. 2. The board of directors shall have the charge and superintendence of the 
 state prison, and shall possess such powers and perform such duties, in respect to other 
 penal and reformatory institutions of the state, as the legislature may prescribe. 
 
 Sec. 3. The board shall appoint the warden and clerk, and determine the other 
 necessary officers of the prisons. The board shall have power to remove the wardens 
 and clerks for misconduct, incompetency, or neglect of duty. All other officers and 
 employees of the prisons shall be appointed by the warden thereof, and be removed at 
 his pleasure. ^ 
 
 Sec. 4. The members of the board shall receive no compensation, other than 
 reasonable traveling and other expenses incurred while engaged in the performance of 
 official duties, to be audited as the legislature may direct. 
 
 Sec. 5. The legislature shall pass such laws as may be necessary to further define 
 and regulate the powers and duties of the board, wardens, and clerks, and to carry into 
 effect the provisions of this article. 
 
 Sec, 6. After the first day of January, eighteen hundred and eighty-two, the 
 labor of convicts shall not be let out bj' contract to any person, copartnership, company, 
 or corporation, and the legislature shall, by law, provide for the working of convicts for 
 the benefit of the state. 
 
 ARTICLE XI. 
 COUNTIES, CITIES, AND TOWNS. 
 
 Section 1. The several counties, as they now exist, are hereby recognized as legal 
 subdivisions of this state. 
 
 Sec. 2. No county seat shall be removed unless two-thirds of the qualified electors 
 of the county, voting on the proposition at a general election, shall vote in favor of such 
 removal. A proposition of removal shall not be submitted in the same county more 
 than once in four years. 
 
 Sec. 3. The legislature, by general and uniform laws, may provide for the alter- 
 ation of county boundary lines, and for the formation of new counties; provided, how- 
 ever, that no new county shall be established which shall reduce any county to a popu- 
 lation of less than twenty thousand ; nor shall a new county be formed containing a less 
 population than eight thousand; nor shall any line thereof pass within five miles of 
 the exterior boundary of the city or town in which the county seat of any county pro- 
 posed to be divided is situated. Every county which shall be enlarged or created from 
 territory taken from any other county or counties, shall be liable for a just proportion 
 of the existing debts and liabilities of the county or counties from which such territory 
 shall be taken. [Amendment adopted November 8, 1910.] 
 
 See. 4. The legislature shall establish a system of county governments, which 
 shall be uniform throughout the state; and by general laws shall provide for township 
 
 (Ix)
 
 CONSTITUTION OF THE STATE OF CALIFORNIA, 
 
 oi^anizations, under which any county may organize whenever a majority of the quali- 
 fied electors of such county, voting at a general election, shall so determine ; and when- 
 ever a county shall adopt township organization, the assessment and collection of the 
 revenue shall be made, and the business of such county and the local affairs of the sev- 
 eral townships therein shall be managed and transacted, in the manner prescribed by 
 such general laws. 
 
 Sec. 5. The legislature, by general and uniform laws, shall provide for the elec- 
 tion or appointment, in the several counties, of boards of supervisors, sheriffs, county 
 clerks, district attorneys, and such other county, township, and municipal officers as 
 public convenience may require, and shall prescribe their duties and fix their terms of 
 oflSce. It shall regulate the compensation of all such officers, in proportion to duties, 
 and may also establish fees to be charged and collected by such officers for services 
 performed in their respective offices, in the manner and for the uses provided by law, 
 and for this purpose may classify the counties by population ; and it shall provide for 
 the strict accountability of county and township officers for all fees which may be col- 
 lected by them, and for all public and municipal moneys which may be paid to them, or 
 officially come into their possession. It may regulate the compensation of grand and 
 trial jurors in all courts within the classes of counties herein permitted to be made; 
 such compensation, however, shall not, in any class, exceed the sum of three dollars per 
 day and mileage. [Amendment adopted November 3, 1908.] 
 
 Sec. 6. Corporations for municipal purposes shall not be created by special laws; 
 but the legislature shall, by general laws, provide for the incorporation, organization, 
 and classification, in proportion to population, of cities and towns, which laws may be 
 altered, amended, or repealed ; and the legislature may, by general laws, provide for the 
 performance by county officers of certain of the municipal functions of cities and towns 
 so incorporated, whenever a majority of the electors of any such city or town voting at 
 a general or special election shall so determine. Cities and towns heretofore organized 
 or incorporated may become organized under the general laws passed for that purpose, 
 whenever a majority of the electors voting at a general election shall so determine, and 
 shall organize in conformity therewith. Cities and towns hereafter organized under 
 charters framed and adopted by authority of this constitution are hereby empowered, 
 and cities and towns heretofore organized by authority of this constitution may amend 
 their charters in the manner authorized by this constitution so as to become likewise 
 empowered hereunder, to make and enforce all laws and regulations in respect to 
 municipal affairs, subject only to the restrictions and limitations provided in their 
 several charters, and in respect to other matters they shall be subject to and controlled 
 by general laws. Cities and towns heretofore or hereafter organized by authority of 
 this constitution may, by charter provision or amendment, provide for the performance 
 by county officers of certain of their municipal functions, whenever the discharge of 
 such municipal functions by county officers is authorized by general laws or by. the 
 provisions of a county charter framed and adopted by authority of this constitution. 
 [Amendment adopted November 3, 1914.] 
 
 Sec. 7. City and county governments may be merged and consolidated into one 
 municipal government, with one set of officers, and may be incorporated under general 
 laws providing for the incorporation and organization of corporations for municipal 
 purposes. The provisions of this constitution applicable to cities, and also those 
 applicable to counties, so far as not inconsistent or prohibited to cities, shall be appli- 
 cable to such consolidated government. [Amendment adopted November 6, 1894.] 
 
 Sec. ly^. Any county may frame a charter for its own government consistent 
 with and subject to the constitution (or, having framed such a charter, may frame a 
 new one), and relating to matters authorized by provisions of the constitution, by caus- 
 
 (Ixl)
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 ing a board of fifteen freeholders, who have been for at least five years qualified electors 
 thereof, to be elected by the qualified electors of said county, at a general or special 
 election. Said board of freeholders may be so elected in pursuance of an ordinance 
 adopted by the vote of three-fifths of all the members of the board of supervisors of 
 such county, declaring that the public interest requires the election of such board for 
 the purpose of preparing and proposing a charter for said county, or in pursuance of a 
 petition of qualified electors of said county as hereinafter provided. Such petition, 
 signed by fifteen per centum of the qualified electors of said county, computed upon the 
 total number of votes east therein for all candidates for governor at the last preceding 
 general election at which a governor was elected, praying for the election of a board of 
 fifteen freeholders to prepare and propose a charter for said county, may be filed in the 
 office of the county clerk. It shall be the duty of said county clerk, within twenty days 
 after the filing of said petition, to examine the same, and to ascertain from the record 
 of the registration of electors of the county, whether said petition is signed by the 
 requisite number of qualified electors. If required by said clerk, the board of super- 
 visors shall authorize him to employ persons specially to assist him in the work of ex- 
 amining such petition, and shall provide for their compensation. Upon the completion of 
 such examination, said clerk shall forthwith attach to said petition his certificate, prop- 
 erly dated, showing the result thereof, and if, by said certificate, it shall appear that said 
 petition is signed b}' the requisite number of qualified electors, said clerk shall imme- 
 diatel}' present said petition to the board of siipervisors, if it be in session, otherwise 
 at its next regular meeting after the date of such certificate. Upon the adoption of such 
 ordinance, or the presentation of such petition, said board of supervisors shall order 
 the holding of a special election for the purjDose of electing such board of freeholders, 
 which said special election shall be held not less than twenty days nor more than sixty 
 days after the adoption of the ordinance aforesaid or the presentation of said petitiori 
 to said board of supervisors; provided, that if a general election shall occur in said 
 county not less than twenty days nor more than sixty days after the adoption of the 
 ordinance aforesaid, or such presentation of said petition to said board of supervisors, 
 said board of freeholders may be elected at such general election. Candidates for elec- 
 tion as members of said board of freeholders shall be nominated by petition, substan- 
 tially in the same manner as may be provided by general law for the nomination, by 
 petition of electors, of candidates for county offices, to be voted for at general elections. 
 It shall be the duty of said board of freeholders, within one hundred and twenty days 
 after the result of such election shall have been declared by said board of supervisors, 
 to prepare and propose a charter for said county, which shall be signed in duplicate by 
 the members of said board of freeholders, or a majority of them, and be filed, one copy 
 in the office of the county clerk of said county and the other in the office of the county 
 recorder thereof. Said board of supervisors shall thereupon cause said proposed charter 
 to be published for at least ten times in a daily newspaper of general circulation, 
 printed, published and circulated in said county; provided, that in any county where 
 no such daily newspaper is printed, published and circulated, such proposed charter 
 shall be priblished for at least three times in at least one weekly newspaper, of general 
 circulation, printed, published and circulated in such county; and provided, that in any 
 county where neither such daily nor such weekly newspaper is printed, published and 
 circulated, a copy of such proposed charter shall be posted by the county clerk in three 
 public places in said county, and on or near the entrance to at least one public school- 
 house in each school district in said count}', and the first publication or the posting of 
 such proposed charter shall be made within fifteen days after the filing of a copy 
 thereof, as aforesaid, in the office of the county clerk. Said proposed charter shall be 
 submitted by said board of supervisors to the qualified electors of said county at a 
 special election held not less than thirty days nor more than sixty days after the com- 
 
 t •»» >
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 pletion of such publication, or after sueli posting; provided, that if a general election 
 shall occur in said county not less than thirty days nor more than sixty days after the 
 completion of such publication, or after such posting, then such proposed charter may 
 be so submitted at such general election. If a majority of said qualified electors, voting 
 thereon at such general or special election, shall vote in favor of such proposed charter, 
 it shall be deemed to be ratified, and shall be forthwith submitted to the legislature, if 
 it be in regular session, otherwise at its next regular session, or it may be submitted to 
 the legislature in extraordinary session, for its approval or rejection as a whole, with- 
 out power of alteration or amendment. Such approval may be made by concurrent reso- 
 lution, and if approved by a majority vote of the members elected to each house, such 
 charter shall become the charter of such county and shall become the 'organic law 
 thereof relative to the matters therein provided, and supersede any existing charter 
 framed under the provisions of this section, and all amendments thereof, and shall 
 supersede all laws inconsistent with such charter relative to the matters provided in 
 such charter. A copy of such charter, certified and authenticated by the chairman 
 and clerk of the board of supervisors under the seal of said board and attested by the 
 county clerk of said county, setting forth the submission of such charter to the electors 
 of said county, and its ratification by them, shall, after the approval of such charter 
 by the legislature, be made in duplicate, and filed, one in the oflSce of the secretary of 
 state and the other, after being recorded in the office of the recorder of said county, 
 shall be filed in the office of the county clerk thereof, and thereafter all courts shall take 
 judicial notice of said charter. 
 
 The charter, so ratified, may be amended by proposals therefor submitted by the 
 board of supervisors of the county to the qualified electors thereof at a general or 
 special election held not less than thirty da^s nor more than sixty days after the pub- 
 lication of such proposals for ten times in a daily newspaper of general circulation, 
 printed, published and circulated in said county; provided, that in any county where 
 no such daily newspaper is printed, published and circulated, such proposed charter 
 shall be published for at least three times in at least one weekly newspaper, of general 
 circulation, printed, published and circulated in such county; provided, that in any 
 county where neither such daily nor such weekly newspaper is printed, published and 
 circulated, a copy of such proposed charter shall be posted by the county clerk in three 
 public places in said county, and on or near the entrance to at least one public school- 
 house in each school district in said county. If a majority of such qualified electors 
 voting thereon, at such general or special election, shall vote in favor of any such 
 proposed amendment or amendments, or any amendment or amendments proposed by 
 petition as hereinafter provided, such amendment or amendments shall be deemed to be 
 ratified, and shall be forthwith submitted to the legislature, if it be in regular session, 
 otherwise at its next regular session, or may be submitted to the legislature in 
 extraordinary session, for approval or rejection as a whole, without power of alteration 
 or amendment, and if approved by the legislature, as herein provided for the approval 
 of the charter, such charter shall be amended accordingly. A copy of such amend- 
 ment or amendments shall, after the approval thereof by the legislature, be made in 
 duplicate, and shall be authenticated, certified, recorded and filed as herein provided 
 for the charter, and with like force and effect. Whenever a petition signed by ten 
 per centum of the qualified electors of any county, computed upon the total number 
 of votes cast in said county for all candidates for governor at the last general election, 
 at which a governor was elected, is filed in the office of the county clerk of said county, 
 petitioning the board of supei'visors thereof to submit any proposed amendment or 
 amendments to the charter of such county, which amendment or amendments shall be 
 set forth in full in such petition, to the qualified electors thereof, such petition shall 
 forthwith be examined and certified by the county clerk, and if signed by the requisite 
 number of qualified electors of such county, shall be presented to the said board of 
 
 ( ixiii )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 supervisors, by the said county clerk, as hereinbefore provided for petitions for the 
 election of boards of freeholders. Upon the presentation of said petition to said board 
 of supervisors, said board must submit the amendment or amendments set forth therein 
 to the qualified electors of said county at a general or special election held not less 
 than thirty days nor more than sixty days after the publication or posting of such 
 proposed amendment or amendments in the same manner as hereinbefore provided in 
 the case of the submission of any proposed amendment or amendments to such charter, 
 proposed and submitted by the board of supervisors. In submitting any such charter, 
 or amendments thereto, any alternative article or proposition may be presented for the 
 choice of the electors, and may be voted on separately without prejudice to others. 
 
 Every special election held under the provisions of this section, for the election of 
 boards of freeholders or for the submission of proposed charters, or any amendment 
 or amendments thereto, shall be called by the board of supervisors, by ordinance, which 
 shall specify the purpose and time of such election and shall establish the election 
 precincts and designate the polling places therein, and the names of the election oflB- 
 cers of each such precinct. Such ordinance, prior to such election, shall be published 
 five times in a daily newspaper, or twice in a weekly newspaper, if there be no such 
 daily newspaper, printed, published and circulated in said countj'^; provided, that if 
 no such daily or weekly newspaper be printed or published in such county, then a 
 copy of such ordinance shall be posted by the county clerk in three public places in 
 such county and in or near the entrance to at least one public schoolhouse in each 
 school district therein. In all other respects, every such election shall be held and con- 
 ducted, the returns thereof canvassed and the result thereof declared by the board of 
 supervisors in the same manner as provided by law for general elections. Whenevei 
 boards of freeholders shall be elected, or any such proposed charter, or amendment or 
 amendments thereto, submitted, at a general election, the general laws applicable to 
 the election of county officers and the submission of propositions to the vote of electors, 
 shall be followed in so far as the same may be applicable thereto. 
 
 It shall be competent, in all charters, framed under the authority given by this 
 section to provide, in addition to any other provisions allowable by this constitution, 
 and the same shall provide, for the following matters: 
 
 1. For boards of supervisors and for the constitution, regulation and government 
 thereof, for the times at which and the terms for which the members of said board 
 shall be elected, for the number of members, not less than three, that shall constitute 
 such boards, for their comiDensation and for their election, either by the electors of 
 the counties at large or by districts ; provided, that in any event said board shall consist 
 of one member for each district, who must be a qualified elector thereof; and 
 
 2. For sheriffs, county clerks, treasurers, recorders, license collectors, tax collectors, 
 public administrators, coroners, surveyors, district attornej's, auditors, assessors and 
 superintendents of schools, for the election or appointment of said officers, or any of 
 them, for the times at which and the terms for which, said officers shall be elected or 
 appointed, and for their compensation, or for the fixing of such compensation by 
 boards of supervisors, and, if appointed, for the manner of their appointment; and 
 
 3. For the number of justices of the peace and constables for each township, or for 
 the number of such judges and other officers of such inferior courts as may be provided 
 by the constitution or general law, for the election or appointment of said officers, for 
 the times at which and the terms for which said officers shall be elected or apjDointed, 
 and for their compensation, or for the fixing of such compensation by boards of 
 supervisors, and if aj^pointed, for the manner of their appointment; and 
 
 4. For the powers and duties of boards of supervisors and all other county officers, 
 for their removal and for the consolidation and segregation of county officers, and for 
 the manner of filling all vacancies occurring therein; provided, that the provisions of 
 
 ( Ixiv )
 
 CONSTITUTION . OF THE STATE OP CALIFORNIA. 
 
 such charters relating to the powers and duties of boards of supervisors and all other 
 county officers shall be subject to and controlled by general laws; and 
 
 41/^. For the assumption and discharge by county officers of certain of the municipal 
 functions of the cities and towns within the county, whenever, in the case of cities and 
 towns incorporated under general laws, the discharge by county officers of such munic- 
 ipal functions is authorized by general law, or whenever, in the case of cities and 
 towns organized under section eight of this article, the discharge by county officers of 
 such municipal functions is authorized by provisions of the charters, or by amendment? 
 thereto, of such cities or towns. 
 
 5. For the fixing and regulation by boards of supervisors, by ordinance, of the 
 appointment and number of assistants, deputies, clerks, attaches and other persons to 
 be employed, from time to time, in the several offices of the county, and for the pre- 
 scribing and regulating by such boards of the powers, duties, qualifications and compen- 
 sation of such persons, the times at which, and terms for which they shall be appointed, 
 and the manner of their appointment and removal; and 
 
 6. For the compensation of such fish and game wardens, probation and other officers 
 as may be provided by general law, or for the fixing of such compensation by boards 
 of supervisors. 
 
 All elective officers of counties, and of townships, of road districts and of highway 
 construction divisions therein shall be nominated and elected in the manner provided 
 by general laws for the nomination and election of such officers. 
 
 All charters framed under the authority given by this section, in addition to the 
 matters hereinabove specified, may provide as follows : 
 
 For offices other than those required by the constitution and laws of the state, or 
 for the creation of any or all of such offices by boards of supervisors, for the election 
 or appointment of persons to fill such offices, for the manner of such appointment, for 
 the times at which and the terms for which such persons shall be so elected or 
 appointed, and for their compensation, or for the fixing of such compensation by 
 boards of supervisors. 
 
 For offices hei'eafter created by this constitution or by general law, for the election 
 or appointment of persons to fill such offices, for the manner of such appointment, for 
 the times at which and the terms for which such persons shall be so elected or 
 appointed, and for their compensation, or for the fixing of such compensation by boards 
 of supervisors. 
 
 For the formation, in such counties, of road districts for the care, maintenance, 
 repair, inspection and supeiT^ision only of roads, highways and bridges; and for the 
 formation, in such counties, of highway construction divisions for the construction 
 only of roads, highways and bridges; for the inclusion in any such district or division, 
 of the whole or any part of any incorporated city or town, upon ordinance passed by 
 such incorporated city or town authorizing the same, and upon the assent to such inclu- 
 sion by a majority of the qualified electors of such incorporated city or town, or 
 portion thereof, proposed to be so included, at an election held for that purpose; for 
 the organization, government, powers and jurisdiction of such disti^icts and divisions, 
 and for raising revenue therein, for such purposes, by taxation, upon the assent of a 
 majority of the qualified electors of such districts or divisions, voting at an election 
 to be held for that purpose; for the incurring of indebtedness therefor by such coun- 
 ties, districts or divisions for such purposes respectively, by the issuance and sale, by 
 the counties, of bonds of such counties, districts or divisions, and the expenditure of 
 the proceeds of the sale of such bonds, and for levying and collecting taxes against 
 the property of the counties, districts or divisions, as the case may be, for the payment 
 of the principal and interest of such indebtedness at maturity; provided, that any such 
 
 ( latv )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 indebtedness shall not be incurred without the assent of two-thirds of the qualified 
 electors of the county, district or division, as the case may be, voting at an election 
 to be held for that purpose, nor unless before or at the time of incurring such indebt- 
 edness provision shall be made for the collection of an annual tax sufficient to pay the 
 interest on such indebtedness as it falls due, and also for a sinking fund for the pay- 
 ment of the principal thereof on or before maturity, which shall not exceed forty 
 years from the time of contracting the same, and the procedure for voting, issuing and 
 selling such bonds shall, except in so far as the same shall be prescribed in such char- 
 ters, conform to general laws for the authorizing and incurring by counties of bonded 
 indebtedness, so far as applicable; provided, further, that provisions in such charters 
 for the construction, care, maintenance, repair, inspection and supervision of roads, 
 highways and bridges for which aid from the state is granted, shall be subject to such 
 regulations and conditions as may be imposed bj'^ the legislature. 
 
 Whenever any county has framed and adopted a charter, and the same shall have 
 been approved by the legislature, as herein provided, the general laws adopted by the 
 legislature in pursuance of sections four and five of this article, shall, as to such county, 
 be superseded by said charter as to matters for which, under this sections it is com- 
 petent to make provision in such charter, and for which provision is made therein, 
 except as herein otherwise expressly provided; and except that any such charter shall 
 not affect the tenure of office of the elective officers of the county, or of any district, 
 township or division thereof, in office at the time such charter goes into effect, and such 
 officers shall continue to hold their respective offices until the expiration of the term 
 for which they shall have been elected, unless sooner removed in the manner provided 
 by law. 
 
 The charter of any county, adopted under the authority of this section, may bb 
 surrendered and annulled with the assent of two-thirds of the qualified electors of such 
 county, voting at a special election, held for that purpose, and to be ordered and 
 called by the board of supervisors of the county upon receiving a written petition, 
 signed and certified as hereinabove provided for the purposes of the adoption of char- 
 ters, requesting said board to submit the question of the surrender and annulment of 
 such charter to the qualified electors of such county, and, in the event of the surrender 
 and annulment of any such charter, such county shall thereafter be governed under 
 general laws in force for the government of counties. 
 
 The provisions of this section shall not be applicable to any county that is consoli- 
 dated with any city. [Amendment adopted November 3, 1914.] 
 
 Sec. 71/^a. Any county organized under the general law, and having, at the time 
 this section takes effect, a population of two hundred thousand inhabitants or over, as 
 ascertained by the last preceding census taken under the authority of the congress of 
 the United States, and having within its territorial boundaries one or more incorpo- 
 rated cities or towns, may frame a charter for a consolidated city and county govern- 
 ment, by causing a board of fifteen freeholders, who have been for at least five years 
 qualified electors of the county, to be elected by the qualified electors of said county, 
 at a special election. Said board of freeholders may be so elected in pursuance of an 
 ordinance adopted by the vote of three-fifths of all of the members of the board of 
 supervisorsof such county, declaring that public interest requires the election of such 
 board of freeholders for the purpose of preparing and proposing a charter for a 
 consolidated city and county, with or without a system of boroughs, with combined 
 powers of a city and county, as in this constitution provided for city and county gov- 
 ernment; or in pursuance of a petition of qualified electors of said county as herein- 
 after provided; which said petition must state the name and address of a person or 
 persons to whom notice of the insufficiency of the petition shall be sent in the event 
 that the petition shall not have the required number of signatures of the qualified 
 
 ( Ixvi )
 
 CONSTITUTIOX OF THE STATE OF CALIFORNIA. 
 
 electors signed thereto. Such petition, signed by fifteen per centum of the qualified 
 electors of said county, computed upon the total number of votes cast therein for all 
 candidates for governor at the last preceding general election at which a governor was 
 elected, praying for the election of a board of fifteen freeholders to prepare and pro- 
 pose a charter for a consolidated city and county government, with or without a system 
 of boroughs, with combined powers of a city and a county, as in this constitution pro- 
 vided, may be filed in the office of the county clerk. It shall be the duty of the said 
 county clerk, within twenty days after the filing of said petition, to examine the same, 
 and to ascertain from the record of the registration of the electors of the county, 
 whether said petition is signed by the requisite number of qualified electors. If 
 required by said clerk, the board of supervisors shall authorize him to employ persons 
 to assist him in the work of examining such petition, and the board shall provide for 
 their compensation. Upon the completion of such examination, said clerk shall forth- 
 with attach to said petition his certificate, properly dated, showing the results of his 
 examination, and if, by said certificate, it shall appear that said petition is signed by 
 the requisite number of qualified electors, said clerk shall immediately present said 
 petition to the board of supervisors, if it be in session, otherwise at its next regular 
 meeting after the date of such certificate. If it appear by said certificate that said 
 petition has not the required number of signatures of the qualified electors signed 
 thereto, the said clerk shall so notify the person or pe^^'ons whose name or names are 
 mentioned therein, to whom the notification of the insufficiency of the petition shall be 
 sent. Whereupon the petitioners shall have thirty days from and after the date of 
 receiving the notice of insufficiency from the clerk, to present and file additional signa- 
 tures. Upon the receipt of the additional signatures, the clerk shall proceed forthwith 
 to examine the petition of additional signatures, so that such examination shall be 
 completed within ten days from the date of his receiving same. If it appear that thd 
 number of additional signatures added to those who have not been legally rejected 
 upon the original petition, shall total the requisite number of qualified electors neces- 
 sary as provided in this section, the clerk shall forthwith attach to said petition hif 
 certificate, properly dated, showing that said petition has been signed by the requisite 
 number of qualified electors, and said clerk shall immediately present said petition to 
 the board of supervisors, if it be in session, otherwise at the next regular meeting after 
 the date of such certificate. Upon the adoption of such ordinance, or the presentation 
 of such petition, said board of supervisors shall order the holding of a special election 
 for the purpose of electing such board of freeholders, which said special election shall 
 be held not less than forty days nor more than ninety daj's after the adoption of the 
 ordinance aforesaid or the presentation of said petition to said board of supervisors. 
 Candidates for election as members of said board of freeholders shall be nominataed 
 by petition, substantially in the same manner as may be provided by general law for 
 the nomination, by petition of electors, of candidates for county offices, to be voted 
 at general elections. The election shall be conducted and the ballots canvassed and 
 result declared substantially as are other elections for county offices, except that there 
 shall be only one election, and the fifteen persons receiving the highest vote shall be 
 declared the duly elected board of freeholders. All ties shall be broken by lot. 
 
 It shall be the dutj'^ of said board of freeholders within one hundred eighty days 
 after the result of such election shall have been declared by the board of supervisors, 
 to prepare and propose a charter for a consolidated city and county government, and 
 it may prescribe the existing boundary lines of the county as the territorial limits of 
 said proposed city and county, and propose the formation of all of the incorporated 
 cities and towns and all of the unincorporated territory within the county into a con- 
 solidated city and county government, to be governed by said charter, and to have 
 combined powers of a city and a county, as provided in this constitution for consoli- 
 dated city and county government. Or said board of freeholders may propose, in the 
 
 ( Ixvii )
 
 CONSTITUTION OF THE STATE OP CALIFORNIA. 
 
 alternative, that a lesser area than that of the whole county, to consist of those incor- 
 porated cities and towns hereinafter required to be designated and named by the 
 board of freeholders as necessary and essential to effect consolidation, also those 
 incorporated cities and towns, which as hereinafter provided, may by a majority vote 
 of the qualified electors voting thereon separate!}-, vote in favor of such consolidation, 
 together with any unincorporated territory within the county proposed to be added, 
 may be formed into a consolidated city and county government, to be governed by said 
 charter, and to have combined powers of a city and a county as provided in this 
 constitution for consolidated city and county government. 
 
 When such proposal is submitted in the alternative, the board of freeholders must 
 designate and name as necessary and essential to effect city and county consolidation, 
 all of the incorporated cities within the county having a population of one hundred 
 fifty thousand inhabitants or over, as ascertained by the last preceding census taken 
 under the authority of the congress of the United States, and no consolidation shall be 
 effected unless, as hereinafter provided, a majority of the qualified electors, voting 
 separately thereon in each of said designated and named incorporated cities vote in 
 favor of such proposal. 
 
 The charter proposed shall be signed by the members of the board of freeholders, or 
 a majority of them, and be filed, one copy in the ofiSce of the county recorder, one in 
 the office of the county clerk, and certified copies thereof duly attested by the president 
 and secretarj' of the board of freeholders shall be filed in the clerk's office of each 
 incorporated city and town in the county. The board of freeholders shall thereupon 
 take a recess until called together by the board of supervisors as hereinafter provided. 
 Thereupon the board of supervisors shall cause said proposed charter to be published 
 in at least two daily newspapers of general circulation published, printed and circu- 
 lated in the county, for at least six consecutive times, and shall also cause said pro- 
 posed charter to be i^ublished for at least three consecutive times in a daily newspaper 
 of general circulation, printed, published and circulated in each of the incorporated 
 cities and towns within the county, and if there be no daily newspaper printed, pub- 
 lished and circulated in any of such incorporated cities and towns then once in a 
 weekly newspaper published, printed and circulated therein; provided, however, if 
 there be no daily or weekly newspaper published, printed and circulated in any of 
 such incorporated cities or towns, then said publication shall be made by posting in 
 three public places in each of said incorporated cities or towns having no such news- 
 paper, for at least three days. All of such publication shall be completed within fifty 
 days of the filing of the proposed charter with the county clerk. The board of super- 
 visors shall cause to be printed in pamphlet form, at least as many copies of such 
 proposed charter, plus an additional fifteen per cent, as there are registered electors in 
 the county. The county clerk shall forthwith deliver to the clerk of the legislative body 
 of each and eveiy incorj^orated city or town within the county, a number of the printed 
 copies of the proposed charter, equal at least to the number of registered electors 
 residing in any such incorporated city or town. The county clerk shall thereupon give 
 notice, by advertising in one and not more than two daily newspapers of general cir- 
 culation published, printed and circulated in the county, and if there be a newspaper 
 published, printed and circulated in any of such incorporated cities and towns, in one 
 such newspaper of each said city or town, that copies of the proposed charter can be 
 had at his office or at the office of the several city or town clerks, designating them, 
 upon application. Upon the completion of the publication of the proposed charter as 
 above required, and not later than fifteen days thereafter, the board of supervisors 
 must pass an ordinance or resolution calling a separate election in each of the incor- 
 porated cities and towns within the county, for submitting the proposal for consolida- 
 tion to the electors thereof. Each incorporated city or town shall be considered one 
 separate district, and the proposal for such consolidation shall be submitted separately 
 
 ( Ixviii )
 
 CONSTITLTIOX OF THE STATE OF CALIFORNIA. 
 
 to the electors thereof, as hereinafter provided. The date of such election shall be 
 fixed in the resolution or ordinance adopted by the board of supervisors, which date 
 shall not be less than forty days nor more than ninety days from the date of the pas- 
 sage of such resolution or ordinance calling the. election for the submission of said 
 proposal. The separate elections held in the several cities and towns must all be held 
 on the same day. The resolution or ordinance calling such elections shall be pub- 
 lished for five successive days in one daily newspaper of general circulation published, 
 printed and circulated in the county, so that the last publication shall have been com- 
 l)leted at least five days before the date of the election. The resolution or ordinance 
 calling such elections, shall also be published for three successive days in one daily 
 newspaper of general circulation, published, printed and circulated in each of the 
 incorporated cities and towns, and if there be no daily newspaper published, printed 
 and circulated in any of such incorporated cities and towns, then twice in a weekly 
 newspaper; provided, however, that if there be no daily or weekly newspaper pub- 
 lished, printed and circulated in any such incorporated city or town, such publication 
 may be made by posting in three public places in said corporated city or town for at 
 least three days before the date of election. 
 
 The board of supervisors must appoint election officers in the same manner and give 
 notice of such appointment by publication, as provided by the general law for the 
 appointment of election officers at general elections; provided, however, that the board 
 of supervisors shall not appoint more than four election officers to each election pre- 
 cinct; and provided, further, that the number of precincts in each city or town com- 
 prising an election district shall not be less than the number of precincts used at tht 
 last general election. In all other respects, every such election shall be held and con- 
 ducted, the returns canvassed and the result thereof declared by the board of super 
 visors in the same manner as i:)rovided by law for general elections. 
 
 The proposal to be submitted to the electors of each of said incorporated cities and 
 towns shall be substantially as follows: "Shall the (herein designate by name the 
 incorporated city or town) join with the other incorporated cities and towns within 
 the county of (herein insert name of county) together with the unincorporated terri- 
 tory within the said county, and form and establish a consolidated city and county 
 (herein insert whether it is proposed to have a system of boroughs) to be known as 
 the city and county of (herein insert the name proposed) to be governed by the charter 
 proposed by the board of freeholders, which charter has been filed in the office of the 
 county clerk and duly published, said charter to take effect on (herein insert date 
 mentioned in charter when city and county consolidation shall take effect)?" If the 
 board of freeholders have proposed an alternative proposition, the ballot shall, in addi- 
 tion to the above proposal, state substantially : that if said principal proposal does not 
 receive a majority vote of the electors, voting thereon, in all of the incorporated cities 
 and towns within the county, but receives a majority vote of the electors, voting 
 thereon in each of the incorporated cities within the county (naming them) which have 
 been designated and named as the cities necessary and essential in which a favorable 
 vote must be had to effect consolidation of an area less than the whole of the county, 
 then the proposition of the formation and establishment of a district into a consoli- 
 dated city and county, which district shall include said named incorjiorated cities, also 
 other contiguous incorporated cities and towns in which a favorable vote was had on 
 the proposition, and certain unincorporated territory (which district shall be the area 
 described in the proposed amended charter), shall be thereafter submitted to the 
 qualified electors of such district for their approval. Also there must be stated in such 
 proposal such reference to taxation and bonded indebtedness and the liability thei'efor 
 as is provided in the proposed charter. 
 
 If after the canvass of the votes and the declaration of the result by the board of 
 supervisors, it appear that a majority of the electors in each of the incorporated cities 
 
 ( Ixix )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 and towns in the county, voting separately thereon at said election, have voted in favor 
 of said proposal, the board of supervisors shall so certify such fact to the board of 
 freeholders and set a day for the reconvening of said board of freeholders which day 
 shall not be later than ten days after the certification by the board of supervisors. 
 The board of freeholders shall enter the certificate of the board of supervisors in its 
 minutes and shall have no power to change or alter in any manner any of the provisions 
 of the charter as heretofore prepared and published. It shall thereupon adjourn. 
 
 Whereupon the said proposed charter shall be submitted by said board of supervisors 
 to the qualified electors of the whole of said county at a special election to be held 
 not less than thirty nor more than sixty days after the adjournment of the board of 
 freeholders, or if there be a general election held within ninety days after the adjourn- 
 ment of the said board of freeholders, then at such general election. 
 
 If a majority of the qualified electors voting thereon in the county, at such special 
 or general election, shall vote in favor of such proposed charter, it shall be deemed 
 to be ratified, and shall be forthwith submitted to the legislature, if it be in session, 
 otherwise at its next regular or special session, for its approval or rejection as a whole, 
 without power of alteration or amendment. Such approval may be by concurrent 
 resolution, and if approved by a majority vote of the members elected to each house, 
 such charter shall become the charter of such consolidated city and county and shall be- 
 come the organic law thereof relative to matters therein provided, and shall supersede 
 any existing municipal charter of the cities within the county and all amendments 
 thereof and shall supersede all laws inconsistent with such charter relative to matters 
 provided in such charter. 
 
 If it appear, after a canvass of the votes by the board of supervisors, that the 
 proposal has not received a favorable vote in all of the incorporated cities and towns 
 within the county, and the proposal submitted shall have provided in the alternative 
 that a lesser territory than that of the whole, not less than the incorporated cities 
 designated and set forth in the proposal as necessary and essential to effect consolida- 
 tion, may form and establish a consolidated city and county government, and a majority 
 of the electors in each of the said incorporated cities designated as necessary and 
 essential to effect consolidation have voted in favor of such proposal, the board of 
 supervisors shall so certify the fact to the board of freeholders, and also certify all 
 other incorporated cities or towns in which a majority of the electors have voted in 
 favor of such proposal. The board of freeholders shall, within fifteen days thereafter, 
 reconvene and meet upon a day to be fixed by the board of supervisors, and shall pro- 
 ceed to rearrange and define the boundaries for the proposed new city and county, 
 including therein all of the incorporated cities certified by the board of supervisors, in 
 which a majority of the electors have voted in favor thereof, and which by the terms 
 of the proposal were designated as necessary and essential to effect consolidation. The 
 board of freeholders must also include in the boundaries for the new proposed city and 
 county any incorporated city or town having a population of less than ten thousand 
 inhabitants, as ascertained by the last preceding census taken under the authority of 
 the congress of the United States, which, if such new proposed city and county is 
 formed, would be surrounded by such area proposed to be formed into a city and 
 county, or which is contiguous thereto and not contiguous to the largest area of the 
 remainder of the original county from which the proposed city and county proposes to 
 separate, notwithstanding that the result of the election in any such incorporated city 
 or town as shown by the canvass of the votes of the board of supervisors, was unfavor- 
 able thereto. The board of freeholders may also include in the boundaries of the pro- 
 posed new city and county, other incorporated cities or towns, not designated and 
 named as necessary and essential to effect consolidation, but in each of which a major- 
 i'^.y <i;C the electors have voted in favor of such proposal, together with such uninoorpo- 
 
 (iM )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 rated territory within the county as it may desire, the whole to form one compact area, 
 no part of which shall be disconnected from the remainder thereof. 
 
 No amendment or changes in the provisions or sections of the proposed charter as 
 originally prepared, published and filed in the office of the county clerk, shall be made 
 by the board of freeholders at its second session, except as herein provided. The 
 board of freeholders at its second session, shall have power to change the territorial 
 limits or boundaries in such charter as hereinbefore provided. It shall also have power 
 to change the number, by reduction thereof, of boroughs and of the couneilmanic or 
 supervisorial districts and the number of councilmen or supervisors to be elected, and 
 to rearrange and number said districts to conform to the area to be formed into a city 
 and county, except that boroughs previously established by the charter, if their terri- 
 tory is within the area of the proposed city and county shall not be changed. It may 
 also provide a lesser salary to be paid to any officer of the proposed city and county, 
 if such salary is stated and fixed by the original proposed charter, and it may correct 
 any mistake or clerical or typographical errors. 
 
 The board of freeholders shall complete its labors, as above required, within ten 
 davs after the date fiLxed by the board of supervisors for its second meeting unless 
 given an additional ten days time by said board of supervisors. Within said ten days 
 and not later than twenty days, if such time has been extended, the members of the 
 board of freeholders, or a majority thereof, shall sign the proposed charter as amended, 
 and file one copy thereof in the county recorder's office and two copies in the county 
 clerk's office, one of which copies shall thereafter be filed by the county clerk, in the 
 archives of the new city and county government, when the charter shall have been 
 approved by the legislature. 
 
 The provisions of section two of this article, and also those provisions of section 
 three of this article which refer to the passing of any county line within five miles of 
 the exterior boundary of a city or town in which a county seat of any county proposed 
 to be divided is situated, shall not apply to the formation of such consolidated cities 
 and counties, nor to the formation of new counties or of any city and county as herein 
 specified under any of the provisions of this section. 
 
 Within ten days after the filing of the proposed charter, as amended by the board of 
 freeholders, with the county clerk, the whole area of the proposed new city and county 
 shall, by resolution of the board of supervisors, be created into a district, for the pur- 
 pose of submitting the proposed charter, as amended, to the electors thereof, for their 
 approval. The question of the adoption of the proposed charter as amended, shall be 
 submitted to the electors of the whole of the area proposed to be formed into a con- 
 solidated city and county as one proposal. 
 
 The board of supervisors shall .forthwith, and not later than twenty days from the 
 date of the resolution creating said district, pass an ordinance or resolution calling an 
 election in the whole county, for the purpose of submitting the question of the consent 
 of the electors of the whole county to the separation, of the district proposed in the 
 charter, from the original county, and for the purpose of submitting the question of 
 the adoption of the proposed charter to the electors residing within the district created, 
 or the proposed territory described in the charter as amended, as the territorial 
 boundaries of the proposed new city and county. 
 
 Both propositions or proposals shall be submitted at one election, as hereinafter 
 provided. The date of such election shall be fixed in the resolution or ordinance calling 
 such election, which date shall not be less than twenty days nor more than sixty days 
 from the date of the passage of the resolution or ordinance calling such election. 
 
 The resolution or ordinance calling such election shall be published for five consec- 
 utive days in not less than two daily newspapers, if there be two, if not, in one daily 
 newspaper of general circulation published, printed and circulated in the county; or 
 
 ( Ixxl )
 
 CONSTITUTION OF THJE STATE OF CALIFORNIA, 
 
 if there be no such daily newspapers, then twice in at least one Weekly newspaper pub- 
 lished, printed and circulated in the county. Such resolution or ordinance shall also be 
 published for a like time in at least one daily newspaper of general circulation 
 published, printed and circulated within the area or territory proposed to be formed 
 into a consolidated city and county. 
 
 The amended sections of the charter shall also be published for three consecutive 
 days in at least one daily newspaper published, printed and circulated in the county, 
 and if there be no daily newspaper published, printed and circulated in the county, 
 then twice in a weekly newspaper published, printed and circulated in the county. Such 
 amended sections of the charter shall likewise be published in at least one daily news- 
 paper published, printed and circulated within the area or district proposed to be 
 formed into a city and county, and if there be no such daily newspaper then twice in 
 a weekly newspaper published, printed and circulated in such area. 
 
 The board of supervisors must appoint election officers in the same manner, and give 
 notice of such appointment by publication, as provided by the general law for the 
 appointment of election officers at general elections, except that no more than four 
 election officers shall be appointed to each election precinct. In all other respects, 
 every such election shall be conducted, the returns canvassed and the result declared by 
 the board of supervisors in the same manner as provided by law for general elections. 
 The proposal to be submitted to the electors of the whole of the county and the 
 proposals to be submitted to the electors of the district or area described in the charter 
 as the territorial boundaries of the proposed new city and county, shall be as follows : 
 In the county outside of the district or area described in the charter as the territorial 
 boundaries of the new consolidated city and county, the only proposal to be submitted 
 to the electors thereof shall be substantially as follows : 
 
 "Shall the incorporated cities and towns (herein name them) and the unincorporated 
 territory (if any) herein describe the unincorporated territory) be permitted to sep- 
 arate from (herein name the county) and establish a consolidated city and county to be 
 known as (herein insert name of new county) the separation to take effect on (herein 
 name date fixed in the proposed charter for the taking effect of the new city and county 
 government)?" 
 
 In the district created by the resolution of the board of supervisors, which shall be 
 the area described in the amended proposed charter, the same proposal as above shall 
 be submitted to the electors, and also shall be submitted separately the question of 
 the establishing of the area into a new consolidated city and county and the approval 
 and ratification of such charter, substantially in the following form: "Shall the 
 (herein describe the territory as described in the proposed amended charter) consol- 
 idate and be formed and established into a citj' and, county government to be known 
 as (herein state name of city and county) (herein state whether there shall be a sys- 
 tem of boroughs) and shall the charter prepared, published and filed in the office of 
 the county clerk on (herein state the date upon which the amended charter as to 
 boundaries was filed) be adopted as the charter of the consolidated city and county, 
 to take effect (herein state date mentioned in the charter when the consolidation shall 
 take effect)?" Also may be stated in this proposal such reference to taxation and 
 bonded indebtedness and the liability therefor as provided in the proposed charter. 
 
 Upon consent to the separation of such district being given by a majority of the 
 qualified electors, voting thereon, at such election, in the whole of the countj^, and upon 
 the approval and ratification of such charter by a majority of the qualified electors 
 voting thereon in the district or area which is to be formed into a consolidated city 
 and county, and by the approval of said charter by the legislature, as hereinbefore 
 provided in this section for the submission of the charter to the legislature when the 
 whole of the county is to be formed into a consolidated city and county, said charter 
 
 ( Ixxil)
 
 CONSTITUTION OF THK STATE OF CALIFORNIA. 
 
 shall be deemed adopted, and upon the date fixed in said charter such district shall be 
 and become one consolidated city and county, and the charter shall become the organic 
 law thereof relative to matters therein provided, and shall supersede any existing 
 municipal charter of the cities consolidated by it, and shall likewise supersede all laws 
 inconsistent with such charter relative to matters provided in such charter. 
 
 It shall be competent, in any charter, or amendment thereof, framed under the 
 authority given by this section, to provide in addition to those provisions allowable by 
 the constitution and laws of the state as follows : 
 
 1. For the merging and consolidating the cities and county into one municipal gov- 
 ernment with one set of officers; for the establishment of a borough system of govern- 
 ment for the whole or any part of the territory of said city and county, by which one 
 or more districts may be created therein, which districts may be known as boroughs 
 and shall exercise such municipal powers as may be granted by such charter, and for 
 the organization, constitution, regulation, government and jurisdiction of such bor- 
 oughs, which organization, constitution, regulation, government and jurisdiction may 
 provide for rural districts, with different powers and organization, constitution, regu- 
 lation, government and jurisdiction from other boroughs; provided, that in the event 
 of such establishment or creation of a borough or boroughs, as hereinabove permitted, 
 the boundaries thereof shall never afterwards be changed or altered, nor shall the gov- 
 ernmental rights, powers or jurisdiction of any such borough or boroughs be thereafter 
 limited, extended, modified or taken away, unless and until the borough or boroughs 
 affected by such proposed change or alteration of boundaries, or by the proposed limita- 
 tion, extension, modification or taking away of governmental rights, powers or juris- 
 diction, as the case may be, shall each have consented thereto, by the vote of a majority 
 of the electors in each and every such borough voting at an election or elections called 
 and held for such purpose in each of the boroughs so affected. 
 
 2. For the consolidation and merging of school and high school and union high school 
 districts into one or more school, high school and union high school district within the 
 city and county, to be governed by one board of education and one school superintend- 
 ent, and may provide separate organization, constitution, regulation, government and 
 jurisdiction and powers for rural school districts, if any are established. 
 
 3. For the constitution, regulation, government and jurisdiction of police courts, and 
 for the manner in which, the times at which, and the terms for which the judges of 
 such courts shall be elected or appointed, and for the qualifications and compensation 
 of said judges and of their clerks and attaches; and for the establishment, constitution, 
 regulation, government and jurisdiction of municipal courts with such civil and crim- 
 inal jurisdiction as by law may be conferred upon inferior courts; and for the manner 
 in which, the time at which, and the terms for which the judges of such courts shall be 
 elected or appointed, and for the qualifications and compensation of said judges and 
 of their clerks and attaches; provided, such municipal courts shall never be deprived 
 of the jurisdiction given inferior courts created by general law; provided, that in any 
 city and county, when such municipal court has been established, there shall be no other 
 court inferior to the superior court; and pending actions, trials, and all pending busi- 
 ness of inferior courts within the territory of such city or city and county, upon the 
 establishment of any such municipal court, shall be and become pending in such munic- 
 ipal court, and all records of such inferior court shall thereupon be and become the 
 records of such municipal court. 
 
 4. For the manner in which, the times at which, and the terms for which the mem- 
 bers of the board of education or boards shall be elected or appointed, for the qualifica- 
 tions, compensation and removal, and for the number which shall constitute any one 
 of such boards. 
 
 ( Lxxiii )
 
 COIVSTITUTION OF THE STATE OF CALIFORNIA. 
 
 5. For the manner in which, the times at which, and the terms for which the mem- 
 bers of the board or boards of police commissioners shall be elected or appointed; and 
 for the constitution, regulation, compensation, and government of such boards and of 
 the municipal police force. 
 
 6. For the manner in which and the times at which any municipal election, or 
 borough election shall be held and the result thereof determined; and for manner in 
 which, the times at which, and the terms for which the members of all boards of elec- 
 tion shall be elected or appointed, and for the constitution, regulation, compensation 
 and government of such boards, and of their clerks and attaches, and for all expenses 
 incident to the holding of any election. 
 
 It shall be competent in any charter framed in accordance with the provisions of 
 this section, for any consolidated city and county, and plenary authority is hereby 
 granted, subject only to the restrictions of this article, to provide therein or by amend- 
 ment thereto, for the powers and duties of all county, city and county, municipal and 
 borough officers; for the manner in which, the method by which, and the terms for 
 which the several county, city and county, municipal and borough officers, except 
 judges of the superior court shall be elected or appointed, and for their recall and 
 removal, and for their compensation, and for the number of deputies, clerks and other 
 employees that each shall have, and for the powers and duties, compensation, method of 
 appointment, qualifications, tenure of office and removal of such deputies, clerks and 
 other emploj'ees. 
 
 7. It shall be competent in anj' charter, or amendment thereto, framed in accordance 
 with the provisions of this section, to provide that the city and county may make and 
 enforce all laws and regulations, and exercise all rights and powers in respect to munic- 
 ipal affairs and municipal officers, and shall have all powers and rights appropriate to 
 a county, city, and city and county subject only to the restrictions and limitations pro- 
 vided in such charter. 
 
 Any charter framed under the provisions of this section, which charter provides for 
 the formation of the whole territory of the county into a consolidated city and county, 
 may provide for the termination of the tenure of office of all county officers elected 
 after the adoption of such charter by the electors of such county and prior to the 
 approval of such charter by the legislature. 
 
 8. No property in any city or town or territory hereinafter consolidated into a city 
 and county shall be taxed for the payment of any indebtedness outstanding at the time 
 the charter takes effect and for the payment of which indebtedness the property in 
 such city or town or territory was not, prior to the taking effect of such charter, sub- 
 ject to such taxation, unless there shall have been submitted to the qualified electors 
 of such city or town or territory, at the separate election submitting the proposal in 
 the first instance to join, the proposition regarding the assumption of such indebted- 
 ness as hereinbefore set forth and the same shall have been approved by a majority of 
 such electors voting thereon. 
 
 In all cases of consolidation of two or more incorporated cities and towns, or of one 
 or more incorporated cities or towns within unincorporated territory, into a city and 
 county, assumption of existing bonded indebtedness by such city or town or by such 
 unincorporated territory or by either of the cities and towns so consolidating may be 
 made by a majority of the qualified electors voting thereon in the territory or city or 
 town which shall assume an existing bonded indebtedness, and the provisions of section 
 eighteen of this article shall not be a prohibition thereof. 
 
 Everj' city and county which shall be formed, under the provisions of this section, 
 of territory which shall have been taken from the original county, shall be liable for 
 a just proportion of the debts and liabilities and be entitled to a just proportion of the 
 property and assets of such county existing at the time of such separation. 
 
 ( Ixxlv )
 
 CONSTITLTION OP THE STATE OF CALIFORNIA. 
 
 If the population in the territory formed into a city and county, by separation from 
 the original county, is equal to or greater in number that two-thirds of the population 
 of the whole of the original county at the time of the formation of such city and county, 
 the city and county so formed and separating itself from the original county, shall be 
 entitled to the original records and books of the original county, upon supplying to the 
 original county certified copies of all records, documents and books properly bound 
 and indexed, which affects or may affect the property of the remaining portion of the 
 original county, or which it may in the future have occasion to refer to ; and such cer- 
 tified copies so furnished and certified by the county clerk if the copies are issued 
 from his office, and by the recorder if issued from his office, or by any other officer of 
 the county if they be copies of records in his office, shall be competent evidence in any 
 court proceeding or action which may thereafter be commenced. 
 
 The legislature of the state may enact such general laws as may be necessary to carry 
 out the provisions of subdivision eight of this section. 
 
 If by the formation of a city and county, under the provisions of this section, any 
 territory whether incorporated or unincorporated is separated from the original county, 
 and by such separation, any of the elective officers of the original county, have by 
 reason of such separation ceased to be residents or electors of the original county, 
 such elective officers shall continue to serve, and be charged with all of the powers and 
 duties of the office to which they were elected, until the expiration of the term for 
 which they were elected, and their salaries shall be paid, by both the new city and 
 county and the remaining portion of the original county, in proportion and in the 
 ratio as the population of each bears to the whole population of the original county. 
 
 If under the provisions of this section, any city and county is formed which does not include 
 the whole of the original county, and by reason of the separation of the territory comprising 
 the new city and county, any incorporated city or town or any unincorporated territory is 
 separated from the largest area of the remainder of the county, by reason of its exterior boun 
 dary not being contiguous thereto, the legislature shall provide for the transfer of such portion 
 or portions to an adjoining county or counties whose exterior boundary or boundaries may be 
 contiguous thereto, or it may transfer such portion or portions to the new consolidated city 
 and county; provided, however, if there be formed and established under the provisions of 
 this section, a consolidated city and county government of a lesser area than that of the whole 
 county, and there be any incorporated city having a population of forty thousand inhabitants 
 or over, within the county, as ascertained by the last preceding census taken under the authority 
 of the congress of the United States, which is not included therein, or if by the formation and 
 establishment of any lesser area than that of the whole county into a consolidated city and 
 county, any such incorporated city having such population is separated and detached from the 
 largest area of the remainder of the original county, by reason of its exterior boundaries not 
 being contiguous thereto, then such incorporated city, together with all other incorporated 
 cities or towns or unincorporated territory in such original county, which if said new city 
 and county is formed and established would likewise be so separated and detached, and which 
 are contiguous to each other and form one compact area, may organize and establish a con- 
 solidated city and county government for the whole of such detached territory under the 
 provisions of section eight of this article, by adopting a freeholders charter in accordance 
 with the provisions of said section, and to have all of the powers conferred by said section ; 
 except, that for the purpose of the election of the members of the board of freeholders, and 
 the organization and establishment of such consolidated city and county government, the whole 
 of such detached area proposed to be formed into such consolidated city and county, shall be 
 treated and considered as a city, within the meaning of section eight of this article; and 
 except that all elections thereunder and all proceedings for the adoption of such charter shall 
 be initiated and conducted by the governing body of the incorporated city having the largest 
 population in such detached area. Such charter may be submitted to the electors within the 
 area of the detached territory, for their approval, at any time subsequent to the adoption of 
 the charter prepared by the freeholders elected by the electors of the whole of the original 
 
 ( Ixxv I
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 county, but the same shall not be ratified by the legislature of this state until after tbt 
 ratification by the legislature of the charter adopted in the first instance, which provided for 
 the formation of a lesser territory than that of the whole county into a consolidated city and 
 county government. 
 
 If under the provisions of this section any city and county is formed, which does not include 
 the whole of the area of the original county from which it is permitted to separate, and any 
 remainder of the county is not transferred to another county as in this section provided, but 
 is to continue as a county, the governor of the state shall designate and assign, from among 
 the judges of the superior court of the original county in office at the time of the taking 
 effect of the new city and county government, as many judges as the ratio of the population 
 contained in the area formed by the new city and county bears to the population of the 
 whole of the original county at the time of the approval of the charter by the legislature, and 
 the judges so assigned shall be and become the judges of the superior court of the new city 
 and county, to hold office during the term for which each of them shall have been elected. 
 
 Upon the approval by the legislature of any charter framed under the provisions of this 
 section, which charter provides for the separation of any new city and county from the original 
 county, the board of supervisors of the original county, shall, at the time and in the manner 
 set forth in such charter so approved, pass an ordinance calling an election in the area which 
 is consolidated into a city and county, for the purpose of nominating and electing the first 
 officers thereunder. Said board of supervisors shall canvass the votes and declare the result of 
 such election. The county clerk or other officer having charge of registration of electors shall 
 furnish to the district or city and county so consolidated, the voting list and precinct registers 
 of all the electors residing in the area of the territory wherein the election is to be held. 
 
 The provisions of this constitution applicable to cities, and cities and counties, and also 
 applicable to counties, so far as not inconsistent or prohibited to cities or cities and counties, 
 except in the method of procedure of calling elections for the election of freeholders and the 
 submission of the question of the formation of a consolidated city and county, shall be 
 applicable to such consolidated city and county. 
 
 Any charter framed under the provisions of this section may be amended as provided in 
 section eight of article eleven of this constitution. 
 
 Nothing in this section shall be construed to repeal or alter in any way the provisions of 
 tsection eight and one-half of article eleven of this constitution, providing a different method 
 and procedure for the formation of cities and counties, wherein the initiative is taken by a city 
 or city and county. Nor shall the provisions of this section apply to any consolidated city and 
 county, organized as such at the time this section takes effect; nor shall the provisions of this 
 section apply to any county, which at the time this section takes effect, had adopted a free- 
 holders charter, and was organized and operating under such freeholders charter. The legisla- 
 ture shall enact such general or special laws as may be necessary to carry out the provisions 
 of this section and such general special laws, as may be necessary to effect city and county 
 consolidation thereunder, or as may be necessary to provide for any period after such con- 
 solidation, by reason of the separation from the original county of such consolidated city 
 and county, or to provide for the government of the remainder of the original county from 
 which separation was had. [Amendment adopted November 5, 1918.] 
 
 Sec. 8. Any city or city and county containing a population of more than three thousand 
 five hundred inhabitants, as ascertained by the last preceding census taken under the authority 
 of the congress (tf the United States or of the legislature of California, may frame a charter 
 for its own government, consistent with and subject to this constitution; and any city, or 
 city and county having adopted a charter may adopt a new one. Any such charter shall be 
 framed by a board of fifteen freeholders chosen by the electors of such city at any general or 
 special election, but no person shall be eligible as a candidate for such board unless he shall 
 have been, for the five years next preceding, an elector of said city. An election for choosing 
 freeholders may be called by a two-thirds vote of the legislative body of such city, and, on 
 presentation of a petition signed by not less than fifteen per cent of the registered electors 
 of such city, the legislative body shall call such election at any time not less than thirty nor 
 more than sixty days from date of the filing of the petition. Any such petition shall be 
 verified by the authority having charge of the registration records of such city or city aud 
 
 ( Ixxvi )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 county and the expenses of such verification shall be provided by the legislative body thereof. 
 Candidates for the office of freeholders shall be nominated either in such manner as may be 
 provided for the nomination of officers of the municipal government or by petition, substan- 
 tially in the same manner as may be provided by general laws for the nomination by petition 
 of electors of candidates for public offices to be voted for at general elections. The board 
 of freeholders shall, within one hundred and twenty days after the result of the election is 
 declared, prepare and propose a charter for the government of such city; but the said period 
 of one hundred and twenty days may with the consent of the legislative body of such city be 
 extended by such board not exceeding a total of sixty days. The charter so prepared shall 
 be signed by a majority of the board of freeholders and filed in the office of the clerk of the 
 legislative body of said city. The legislative body of said city shall within fifteen days after 
 such filing cause such charter to be published once in the official paper of said city; (or in 
 case there be no such paper, in a paper of general circulation) ; and shall cause copies of such 
 charter to be printed in convenient pamphlet form, and shall, until the date fixed for the 
 election upon such charter, advertise in one or more papers of general circulation published 
 in said city a notice that such copies may be had upon application therefor. Such charter 
 shall be submitted to the electors of such city at a date to be fixed by the board of free- 
 holders, before such filing and designated on such charter, either at a special election held not 
 less than sixty days from the completion of the publication of such charter as above provided, 
 or at the general election next following the expiration of said sixty days. If a majority of 
 the qualified voters voting thereon at such general or special election shall vote in favor of 
 such proposed charter, it shall be deemed to be ratified, and shall be submitted to the legisla- 
 ture, if then in session, or at the next regular or special session of the legislature. The 
 legislature shall by concurrent resolution approve or reject such charter as a whole, without 
 power of alteration or amendment; and if approved by a majority of the members elected to 
 each house it shall become the organic law of such city or city and county, and supersede any 
 existing charter and all laws inconsistent therewith. One copy of the charter so ratified and 
 approved shall be filed with the secretary of state, one with the recorder of the county in which 
 such city is located, and one in the archives of the city; and thereafter the court shall take 
 judicial notice of the provisions of such charter. The charter of any city or city and county 
 may be amended by proposals therefor submitted by the legislative body of the city on its 
 own motion or in petition signed by fifteen per cent of the registered electors, or both. Such 
 proposals shall be submitted to the electors only during the six months next preceding a 
 regular session of the legislature or thereafter and before the final adjournment of that 
 session and at either a special election called for that purpose or at any general or special 
 election. Petitions for the submission of any amendment shall be filed with the legislative 
 body of the city or city and county not less than sixty days prior to the general election next 
 preceding a regular session of the legislature. The signatures on such petitions shall be 
 verified by the authority having charge of the registration records of such city or city and 
 county, and the expenses of such verification shall be provided by the legislative body thereof. 
 If such petitions have a sufficient number of signatures the legislative body of the city or 
 city and county shall so submit the amendment or amendments so proposed to the electors. 
 Amendments proposed by the legislative body and amendments proposed by petition of the 
 electors may be submitted at the same election. The amendments so submitted shall be 
 advertised in the same manner as herein provided for the advertisement of a proposed charter, 
 and the election thereon held at a date to be fijced by the legislative body of such city, not 
 less than forty and not more than sixty days after the completion of the advertising in the 
 official paper. If a majority of the qualified voters voting on any such amendment vote in 
 favor thereof it shall be deemed ratified, and shall be submitted to the legislature at the 
 regular session next following such election; and approved or rejected without power of 
 alteration in the same manner as herein provided for the approval or rejection of a charter. 
 In submitting any such charter or amendment separate propositions, whether alternative or 
 conflicting, or one included within the other, may be submitted at the same time to be voted 
 on by the electors separately, and, as between those so related, if more than one receive a 
 majority of the votes, the proposition receiving the larger number of votes shall control as to 
 all matters in conflict. ' It shall be competent in any charter framed under the authority of 
 
 ( Ixxvii )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 this section to provide that the municipality governed thereunder may make and enforce all 
 laws and regulations in respect to municipal affairs, subject only to the restrictions and 
 limitations provided in their several charters and in respect to other matters they shall be 
 subject to general laws. It shall be competent in any charter to provide for the division of 
 the city or city and county governed thereby into boroughs or districts, and to provide that 
 each such borough or district may exercise such general or special municipal powers, and to be 
 administered in such manner, as may be provided for each such borough or district in the 
 charter of the city or city and county. 
 
 The percentages of the registered electors herein required for the election of freeholders 
 or the submission of amendments to charters shall be calculated upon the total vote cast in 
 the city or city and county at the last preceding general state election; and the qualified 
 electors shall be those whose names appear upon the registration records of the same or 
 preceding year. The election laws of such city or city and county shall, so far as practicable, 
 govern all elections held under the authority of this section. [Amendment adopted Novem- 
 ber 3, 1914.] 
 
 Sec. 8a. The charter of the city and county of San Francisco may be amended, in addition 
 to the method and the times provided in section eight of article XI of the Constitution, in 
 the following particulars: 
 
 (a) Authorizing the city and county of San Francisco, a municipal corporation, by its legis- 
 lative authority, to incur a bonded indebtedness in an amount not exceeding five million dol- 
 lars, and to issue municipal bonds therefor, and to grant and turn over to the Panama-Pacific 
 International Exposition Company (a corporation organized under the laws of the state of 
 California March 22, 1910) the proceeds of said bonds, the same to be used and disbursed by 
 said exposition company for the purpose of an exposition to be held in the city and county of 
 San Francisco to celebrate the completion of the Panama canal; said bonds, so issued, to be 
 of such form and to be redeemable, registered and converted in such manner and amounts, and 
 at such times not later than forty years from the date of their issue, as such legislative 
 authority shall determine; the interest on said bonds to not exceed five per centum per annum, 
 and said bonds to be exempt from all taxes for state and municipal purposes, and to be 
 sold for not less than par at such times and places, and in such manner, as shall be determined 
 by said legislative authority; |he proceeds of said bonds, when sold, to be payable immediately 
 by the treasurer of said city and county to the treasurer of said Panama-Pacific International 
 Exposition Company, upon the demand of said treasurer of said exposition company, without 
 the necessity of the approval of such demand by other authority, the same to be used and 
 disbursed by said Panama-Pacific International Exposition Company for the purposes of such 
 exposition, under the direction and control of such exposition company; 
 
 (&) Providing that any bonded indebtedness incurred for the purposes aforesaid shall be 
 exclusive of the bonded indebtedness of the said city and county limited by section nine of 
 article XII of said charter; 
 
 (c) Granting to said Panama-Pacific International Exposition Company the exclusive 
 possession and use, together with the management and control, of that portion of Golden 
 Gate Park in the city and county of San Francisco westerly from Twentieth avenue, as extended, 
 for such exposition purposes, such possession and use, also management and control, to termi- 
 nate not later than one year after the closing of such exposition; 
 
 (d) Granting to said Panama-Pacific International Exposition Company the exclusive 
 possession and use, together with the management and control, for such exposition purposes, 
 of any lands held by the board of education of the city and county of San Francisco, and 
 by the city and county of San Francisco, not in actual use, such possession and use, also 
 management and control, to terminate not later than one year after the closing of sucli 
 exposition; 
 
 (e) Authorizing said Panama-Pacific International Exposition Company to temporarily close 
 streef^^s in the city and county of San Francisco westerly from Twentieth avenue, for such expo- 
 sition purposes, and to liave the exclusive possession and use, together with the management 
 and control, of said streets for such exposition purposes, such possession and use, also man- 
 agement and control of said streets, to terminate not later than one year after the closing of 
 such exposition. 
 
 ( Ixxviii )
 
 CONSTITI'TION OF THE STATE OF CALIFORNIA. 
 
 Proposals to amend the charter of the city and county of San Francisco in the foregoing 
 particulars may be submitted by the legislative authority of said city and county to the 
 electors of said city and county, at any general or special election (and a special election may 
 be called therefor) held in said city and county, after the publication of such proposals in a 
 newspaper of general circulation in said city and county, for such time as shall be determined 
 by said legislative authority. Upon the ratification of any such proposed amendment by a 
 majority of the electors of said city and county voting at such election on such proposed 
 amendment, said proposed amendment receiving such majority vote shall become operative 
 immediately as an amendment to said charter, without the necessity of approval thereof by the 
 legislature. 
 
 Any act of the legislative authority of the city and county of San Francisco, in submitting 
 to the electors of said city and county, at any general or special election, proposals to amend 
 the charter of said city and county in the foregoing particulars, including any notice by pub- 
 lication or otherwise of such proposals, and of such election, and the holding of such election, 
 in accordance with the provisions hereof, before the adoption of this amendment, are hereby 
 validated in all respects as if performed subsequent to the adoption of this amendment. The 
 disbursement of all funds obtained from said bonds shall be accounted for by said Panama- 
 Pacific International Exposition Company by an itemized statement thereof to be filed with the 
 auditor of the city and county of San Francisco. [New section adopted November 8, 1910.] 
 
 Sec. 8y2. It shall be competent, in all charters framed under the authority given by sec- 
 tion eight of this article, to provide, in addition to those provisions allowable by this con- 
 stitution, and by the laws of the state as follows: 
 
 1. For the constitution, regulation, government, and jurisdiction of police courts, and for 
 the manner in which, the times at which, and the terms for which the judges of such courts 
 shall be elected or appointed, and for the qualifications and compensation of said judges and 
 of their clerks and attaches; and for the establishment, constitution, regulation, government 
 and jurisdiction of municipal courts and judges thereof, with such civil, criminal, and magis- 
 terial jurisdiction as by law may be conferred upon inferior courts and judges thereof; and 
 for the manner in which, the times at which and the terms for which the judges of such 
 courts shall be elected or appointed, and for the qualifications and compensation of said judges 
 and of their clerks and attaches ; provided, such municipal courts shall never be deprived of 
 the jurisdiction given inferior courts created by general law. 
 
 In any city or any city and county, when such municipal court has been established, there 
 shall be no other court inferior to the superior court; and pending actions, trials, and all 
 pending business of inferior courts within the territory of such city or city and county, upon 
 the establishment of any such municipal court, shall be and become pending in such municipal 
 court, and all records of such inferior courts shall thereupon be and become the records of such 
 municipal court. 
 
 2. For the manner in* which, the times at which, and the terms for which the members of 
 boards of education shall be elected or appointed, for their qualifications, compensation and 
 removal, and for the number which shall constitute any one of such boards. 
 
 3. For the manner in which, the times at which and the terms for which the members of 
 the boards of police commissioners shall be elected or appointed; and for the constitution, 
 regulation, compensation, and government of such boards and of the municipal police force. 
 
 4. For the manner in which and the times at which any municipal election shall he held 
 and the result thereof determined; for the manner in which, the times at which, and the 
 terms for which the members of all boards of election shall be elected or appointed, and for 
 the constitution, regulation, compensation and government of such boards, and of their 
 clerks and attaches, and for all expenses incident to the holding of any election. 
 
 It shall be competent in any charter framed in accordance with the provisions of this 
 section, or section eight of this article, for any city or consolidated city and county, and 
 plenary authority is hereby granted, subject only to the restrictions of this article, to provide 
 therein or by amendment thereto, the manner in which, the method by which, the times at 
 which, and the terms for which the several county and municipal oflBcers and employees whose 
 compensation is paid by such city or city and county, excepting judges of the superior court, 
 shall be elected or appointed, and for their recall and removal, and for their compensation, 
 
 ( Ixxix )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 and for the number of deputies, clerks and other employees that each shall have, and for the 
 compensation, method of appointment, qualifications, tenure of office and removal of such 
 deputies, clerks and other employees. All provisions of any charter of any such city or con- 
 solidated city and county, heretofore adopted, and amendments thereto, which are in accord- 
 ance herewith, are hereby confirmed and declared valid. 
 
 5. It shall be competent in any charter or amendment thereof, which shall hereafter be 
 framed under the authority given by section eight of this article, by any city having a popu- 
 lation in excess of fifty thousand ascertained as prescribed by said section eight, to provide 
 for the separation of said city from the county of which it has theretofore been a part and 
 the formation of said city into a consolidated city and county to be governed by such charter, 
 and to have combined powers of a city and county, as provided in this constitution for con- 
 solidated city and county government, and further to prescribe in said charter the date for the 
 beginning of the official existence of said consolidated city and county. 
 
 It shall also be competent for any such city, not having already consolidated as a city 
 and county to hereafter frame, in the manner prescribed in section eight of this article, a 
 charter providing for a city and county government, in which charter there shall be prescribed 
 territorial boundaries which may include contiguous territory not included in such city, which 
 territory, however, must be included in the county within which such city is located. 
 
 If no additional territory is proposed to be added, then, upon the consent to the separation 
 of any such city from the county in which it is located, being given by a majority of the 
 qualified electors voting thereon in such county and upon the ratification of such charter by a 
 majority of the qualified electors voting thereon in such city, and the approval thereof by the 
 legislature, as prescribed in section eight of this article, said charter shall be deemed adopted 
 and upon the date fixed therein said city shall be and become a consolidated city and county. 
 
 If additional territory which consists wholly of only one incorporated city or town, or which 
 consists wholly of unincorporated territory, is proposed to be added, then, upon the consent 
 to such separation of such territory and of the city initiating the consolidation proposal being 
 given by a majority of the qualified electors voting thereon in the county in which the city 
 proposing such separation is located, and upon the ratification of such charter by a majority of 
 the qualified electors voting thereon in such city so proposing the separation, and also upon 
 the approval of the proposal hereinafter set forth, by a majority of the qualified electors 
 voting thereon in the whole of such additional territory, and the approval of said charter by 
 the legislature, as prescribed in section eight of this article, said charter shall be deemed 
 adopted, the indebtedness hereinafter referred to shall be deemed to have been assumed, and 
 upon the date fixed in said charter such territory and such city shall be and become one 
 consolidated city and county. 
 
 The proposal to be submitted to the territory proposed to be added shall be substantially in 
 the following form and submitted as one indivisible question: 
 
 "Shall the territory (herein designate in general terms the territory to be added) con- 
 solidate with the city of (herein insert the name of the city initiating the proposition to 
 form a city and county government) in a consolidated city and county government, and shall 
 the charter as prepared by the city of (herein insert the name of the city initiating such 
 proposition) be adopted as the charter of the consolidated city and county, and shall the said 
 added territory become subject to taxation along with the entire territory of the proposed city 
 and county, in accordance with the assessable valuation of the property of the said territory, 
 for the following indebtedness of said city (herein insert name of the city initiating such 
 proposition) to wit: (herein insert in general terms reference to any debts to be assumed, and 
 if none insert 'none')?" 
 
 If additional territory is proposed to be added, which includes unincorporated territory and 
 one or more incorporated cities or towns, or which includes more than one incorporated city 
 or town, the consent of any such incorporated city or town shall be obtained by a majority 
 vote of the qualified electors thereof voting upon a proposal substantially as follows: 
 
 "Shall (herein insert the name of the city or town to be included in such additional terri- 
 tory) be included in a district to be hereafter defined by the city of (herein insert the name 
 of the city initiating the proposition to form a city and county government) which district 
 shallj within two years from the date of this election, vote upon a proposal submitted as one 
 
 ( Lxxx )
 
 r 
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 indivisible question that such district to be then described and set forth shall consolidate with 
 (herein insert name of the city initiating said consolidation proposition) in a consolidated 
 city and county government, and also that a certain charter, to be prepared by the city of 
 (herein insert name of the city initiating such proposition) be adopted as the charter of such 
 consolidated city and county, and that such district become subject to taxation along with 
 the entire territory of the proposed city and county in accordance with the assessable valua- 
 tion of the property of said district for the following indebtedness of said city of (herein 
 insert name of the city initiating such proposition) to wit: (herein insert in general terms, 
 reference to any debts to be assumed and if none insert 'none')?" 
 
 Any and all incorporated cities or towns to which the foregoing proposal shall have been 
 submitted and a majority of whose qualified electors voting thereon shall have voted in favor 
 thereof, together with such unincorporated territory as the city initiating such consolidation 
 proposal may desire to have included, the whole to form an area contiguous to said city, shall 
 be created into a district by such city, and the proposal substantially as above prescribed to 
 be used when the territory proposed to be added consists wholly of only one incorporated city 
 or town, or wholly of unincorporated territory, shall, within two years, be submitted to the 
 voters of said entire district as one indivisible question. 
 
 Upon consent to the separation of such district and of the city initiating the consolidation 
 proposal being given by a majority of the qualified electors voting thereon in the county in 
 which the city proposing such separation is located, and upon the ratification of such charter 
 by a majority of the qualified electors voting thereon in such city, and upon the approval 
 of the proposal hereinbefore set forth by a majority of the qualified electors voting thereon in 
 the whole of said district so proposed to be added, and upon the approval of said charter by 
 the legislature, as prescribed in section eight of this article, said charter shall be deemed 
 adopted, the said indebtedness referred to in said proposal shall be deemed to have been 
 assumed, and upon the date fixed in said charter, such district and such city shall be and 
 become one consolidated city and county. 
 
 6. It shall be competent for any consolidated city and county now existing, or which shall 
 hereafter be organized, to annex territory contiguous to such consolidated city and county, 
 unincorporated or otherwise, whether situated wholly in one county, or parts thereof be 
 situate in different counties, said annexed territory to be an integral part of such city and 
 county; provided, that such annexation of territory shall only include any part of the terri- 
 tory which was at the time of the original consolidation of the annexing city and county, 
 within the county from which such annexing city and county was formed, together with 
 territory which was concurrently, or has since such consolidation been joined in a county 
 government with the area of the original county not included in such consolidated city and 
 county. 
 
 If additional territory, which consists wholly of only one incorporated city, city and county 
 or town, or which consists wholly of unincorporated territory, is proposed to be annexed to 
 any consolidated city and county now existing or which shall hereafter be organized, then, 
 upon the consent to any such annexation being given by a majority of the qualified electors 
 voting thereon in any county or counties in which any such additional territory is located, 
 and upon the approval of such annexation proposal by a majority of the qualified electors 
 voting thereon in such city and county, and also upon the approval of the proposal herein- 
 after set forth by a majority of the qualified electors voting thereon in the whole of such 
 territory proposed to be annexed, the indebtedness hereinafter referred to shall be deemed to 
 have been assumed, and at the time stated in such proposal, such additional territory and 
 such city and county shall be and become one consolidated city and county, to be governed by 
 the charter of the city and county proposing such annexation and any subsequent amendment 
 thereto. 
 
 The proposal to be submitted to the territory proposed to be annexed, shall be substantially 
 in the following form and submitted as one indivisible question: 
 
 "Shall the territory (herein designate in general terms the territory to be annexed) con- 
 solidate with the city and county of (herein insert the name of the city and county initiating 
 the annexation proposal) in a consolidated city and county government, said consolidation to 
 take effect (herein insert date when such consolidation shall take effect) and shall the said 
 
 (Ixxxi)
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 annexed territory become subject to taxation, as an integral part of the city and county so 
 formed, in accordance with the assessable valuation of property of said territory for the 
 following indebtedness of said city and county of (herein insert name of the city and county) 
 to 'wit: (herein insert in general terms, reference to any debts to be assumed and if none 
 insert 'none') f ** 
 
 If additional territory including unincorporated territory and one or more incorporated 
 cities, cities and counties, or towns, or including more than one incorporated city, city and 
 county, or town, is proposed to be annexed to any consolidated city and county now existing 
 or which shall hereafter be organized, the consent of each such incorporated city, city and 
 county, or town, shall be obtained by a majority vote of the qualified electors of any such 
 incorporated city, city and county, or town, voting upon a proposal substantially as follows: 
 
 "Shall (herein insert name of the city, city and county, or town, to be included in such 
 annexed territory) be included in a district to be hereafter defined by the city and county of 
 (herein insert the name of the city and county initiating the annexation proposal) which 
 district shall within two years from the date of this election vote upon a proposal submitted 
 as one indivisible question, that such district to be then described and set forth shall con- 
 solidate with (herein insert name of the city and county initiating the annexation proposal) 
 in a consolidated city and county government, and that such district become subject to taxa- 
 tion, along with the entire territory of the proposed city and county in accordance with the 
 assessable valuation of the property of said district for the following indebtedness of said city 
 and county of (herein insert name of the city and county initiating the annexation proposal) 
 to wit: (herein insert in general terms, reference to any debts to be assumed and if none 
 insert 'none') ?" 
 
 Any and all incorporated cities, cities and counties, or towns, to which the foregoing pro- 
 posal shall have been submitted, and a majority of whose qualified electors voting thereon 
 shall have voted in favor thereof, together with such unincorporated territory as the city 
 and county initiating such annexation proposal may desire to have included, the whole to 
 form an area contiguous to said city and county, shall be created into a district by said city 
 and county, and the proposal substantially in the form above set forth to be used when the 
 territory proposed to he added consists wholly of only one incorporated city, city and county, 
 or town, or wholly of unincorporated territory, shall, within said two years, be submitted to 
 the voters of said entire district as one indivisible question. 
 
 Upon consent to any such annexation being given by a majority of the qualified electors 
 voting thereon in any county or counties in which any such territory proposed to be annexed 
 to said city and county is located, and upon the approval of any such annexation proposal by 
 a majority of the qualified electors voting thereon in such city and county proposing such 
 annexation, and also upon the approval of the proposal hereinbefore set forth by a majority 
 of the qualified electors voting thereon in the whole of the district so proposed to be annexed, 
 then, the said indebtedness referred to in said proposal shall be deemed to have been assumed, 
 and upon the date stated in such annexation proposal such district and such city and countv 
 shall be and become one consolidated city and county, to be governed by the charter of the 
 city and county proposing such annexation, and any subsequent amendment thereto. 
 
 Whenever any proposal is submitted to the electors of any county, territory, district, city, 
 city and county, or town, as above provided, there shall be published, for at least five succes- 
 sive publications, in a newspaper of general circulation printed and published in any such 
 county, territory, district, city, city and county, or town, the last publication to be not less 
 than twenty days prior to any such election, a particular description of any territory or dis 
 trict to be separated, added, or annexed, together with a particular description of any debts 
 to be assumed, as above referred to, unless such particular description is contained in the 
 said proposal so submitted. In addition to said description, such territory shall also be desig- 
 nated in such notice by some appropriate name or other words of identification, by which 
 such territory may be referred to and indicated upon the ballots to be used at any election 
 at which the question of annexation or consolidation of additional territory is submitted as 
 herein provided. If there be no such newspaper so printed and published in any such county, 
 territory, district, city, city and county, or town, then such publicatiou may be made in any 
 
 ( IxxxU )
 
 CONSTITUTIOX OF THE STATE OF CALIFORNIA. 
 
 newspaper of general circulation printed and published in the nearest county, city, city aaid 
 county, or town where there may be such a newspaper so printed and published. 
 
 If, by the adoption of any charter, or by annexation, any incorporated municipality becomes 
 a portion of a city and county, its property, debts and liabilities of every description shall 
 be and become the property, debts and liabilities of such city and county. 
 
 Every city and county which shall be formed, or the territory of which shall be enlarged as 
 herein provided from territory taken from any county or counties, shall be liable for a just 
 proportion of the debts and liabilities and be entitled to a just proportion of the property 
 and assets of such county or counties, existing at the time such territory is so taken. 
 
 The provisions of this constitution applicable to cities, and cities and counties, and also 
 those applicable to counties, so far as not inconsistent or prohibited to cities, or cities and 
 counties, shall be applicable to such consolidated city and county government; and no pro- 
 vision of subdivision five or six of this section shall be construed as a restriction upon the 
 plenary authority of any city or city and county having a freeholders' charter, as provided 
 for in this constitution, to determine in said charter any and all -matters elsewhere in this 
 constitution authorized and not inconsistent herewith. 
 
 The legislature shall provide for the formation of one or more counties from the portion 
 or portions of a county or counties remaining after the formation of or annexation to a 
 consolidated city and county, or for the transfer of such portion or portions of such original 
 county or counties to adjoining counties. But such transfer to an adjoining county shall only 
 be made after approval by a majority vote of the qualified electors voting thereon in such 
 territory proposed to be so transferred. 
 
 The provisions of section two of this article, and also those provisions of section three of 
 this article which refer to the passing of any county line within five miles of the exterior 
 boundary of a city or town in which a county seat of any county proposed to be divided is 
 situated, and to the reducing of the population of any county upon the establishment of a 
 new county, and to the minimum population on the forming of a new county, shall not apply 
 to the formation of, nor to the extension of the territory of such consolidated cities and coun- 
 ties, nor to the formation of new counties, nor to the annexation of existing counties, as 
 herein specified. 
 
 Any city and county formed under this section shall have the right, if it so desires, to be 
 designated by the oflScial name of the city initiating the consolidation as it existed immedi- 
 ately prior to its adoption of a charter providing for a consolidated city and county govern- 
 ment, except that such city and county shall be known under the style of a city and county. 
 
 It shall be competent in any charter framed for a consolidated city and county, or by amend- 
 ment thereof, to provide for the establishment of a borough system of government for the 
 whole or any part of the territory of said city and county, by which one or more districts 
 may be created therein, which districts shall be known as boroughs and which shall exercise 
 such municipal powers as may be granted thereto by such charter, and for the organization, 
 regulation, government and jurisdiction of such boroughs; provided, that in the event of such 
 establishment or creation of a borough or boroughs, as hereinabove permitted, the boundaries 
 thereof shall never afterwards be changed or altered, nor shall the governmental rights, powers 
 or jurisdiction of any such borough or boroughs be thereafter limited, extended, modified or 
 taken away, unless and until the borough or boroughs affected by such proposed change or 
 alteration of boundaries, or by the proposed limitation, extension, modification or taking away 
 of governmental rights, powers or jurisdiction, as the case may be, shall each have consented 
 thereto, by the vote of a majority of the voters in each and every such borough, voting at an 
 election or elections called and held for such purpose in each of the boroughs so affected. 
 
 No property in any territory hereafter consolidated with or annexed to any city or city 
 and county shall be taxed for the payment of any indebtedness of such city or city and 
 county outstanding at the date of such consolidation or annexation and for the payment of 
 which the property in such territory was not, prior to such consolidation or annexation, subject 
 to such taxation, unless there shall have been submitted to the qualified electors of such terri- 
 tory the proposition regarding the assumption of indebtedness as hereinbefore set forth and 
 the same shall have been approved by a majority of such electors voting thereon. 
 
 ( Ixxxiil )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 7. In all cases of annexation of unineorpoi'ated territory to an incorporated city, or the 
 consolidation of two or more incorporated cities, assumption of existing bonded indebtedness 
 by such unincorporated territory or by either of the cities so consolidating may be made by a 
 majority vote of the qualified electors voting thereon in the territory or city which shall 
 assume an existing bonded indebtedness. This provision shall apply whether annexation or 
 consolidation is effected under this section or any other section of this constitution, and the 
 provisions of section eighteen of this article shall not be a prohibition thereof. 
 
 The legislature shall enact sucn general laws as may be necessary to carry out the provisions 
 of this section and such general or special laws as may be necessary to carry out the provisions 
 of subdivisions five and six of this section, including any such general or special act as may be 
 necessary to permit a consolidated city and county to submit a new charter or charter amend- 
 ment to take effect at the time that any consolidation, by reason of annexation to such consoli- 
 dated city and county, takes effect, and, also, any such general law or special act as may be 
 necessary to provide for any period after such consolidation, by reason of such annexation, takes 
 effect, and prior to the adoption and approval of any such new charter or charter amendment. 
 [Amendment adopted November 5, 1918.] 
 
 Sec. 9. The compensation of any county, city, town, or municipal officer shall not be 
 increased after his election or during his term of office; nor shall the term of any such 
 officer be extended beyond the period for which he is elected or appointed. 
 
 Sec. 10. [Repealed November 8, 1910.] 
 
 Sec. 11. Any county, city, town, or township may make and enforce within its limits all 
 such local, police, sanitary, and other regulations as are not in conflict with general laws. 
 
 Sec. 12. The legislature shall have no power to impose taxes upon counties, cities, towns 
 or other public or municipal corporations, or upon the inhabitants or property thereof, for 
 county, city, town, or other municipal purposes, but may, by general laws, vest in the corporate 
 authorities thereof the power to assess and collect taxes for such purposes. 
 
 Sec. 13. The legislature shall not delegate to any special commission, private corporation, 
 company, association or individual any power to make, control, appropriate, supervise or in 
 any way interfere with any county, city, town or municipal improvement, money, property, 
 or effects, whether held in trust or otherwise, or to levy taxes or assessments or perform any 
 municipal function whatever, except that the legislature shall have power to provide for the 
 supervision, regulation and conduct, in such manner as it may determine, of the affairs of 
 irrigation districts, reclamation districts or drainage districts, organized or existing under 
 any law of this state. [Amendment adopted November 3, 1914.] 
 
 Sec. 131/^. Any county, city and county, city, town, municipality, irrigation district, or 
 other public corporation, issuing bonds under the laws of the state, is hereby authorized and 
 empowered to make said bonds and the interest thereon payable at any place or places 
 within or outside of the United States, and in any money, domestic or foreign, designated in 
 said bonds. [Amendment adopted November 3, 1914.] 
 
 Sec. 14. The legislature may by general and uniform laws provide for the inspection, 
 measurement and graduation of merchandise, manufactured articles and commodities, and 
 may provide for the appointment of such officers as may be necessary for such inspection, 
 measui-ement and graduation. [Amendment adopted October 10, 1911.] 
 
 Sec. 15. Private property shall not be taken or sold for the payment of the corporate 
 debt of any political or municipal corporation. 
 
 Sec. 16. All moneys, assessments, and taxes belonging to or collected for the use of any 
 county, city, town, or other public or municipal corporation, coming into the hands of any 
 officer thereof, shall immediately be deposited with the treasurer, or other legal depositary 
 to the credit of such city, town, or other corporation, respectively, for the benefit of the 
 funds to which they respectively belong. 
 
 Sec. IQVz- AH moneys belonging to the state or to any county or municipality within this 
 state may be deposited in any national bank or banks within this state, or in any bank or 
 banks organized under the laws of this state, in such manner and under such conditions as 
 m:iy be provided by any law adopted by the people under the initiative or by a two-thirds vote 
 
 ( Ixxxiv )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 of eacb house of the legislature and approved by the governor and subject to the referendum; 
 provided, that the laws now governing the deposit of such moneys shall continue in force until 
 such laws shall be amended, changed or repealed as in this section authorized; and provided, 
 further, that the state or any county, city and county, city, town or municipality, issuing 
 bonds under the laws of this state, may deposit moneys in any bank or banks outside this 
 state for the payment of the principal or interest of such bonds at the place or places at 
 which the same are payable. [Amendment adopted November 5, 1918.] 
 
 Sec. 17. The making of profit out of county, city, town, or other public money, or using 
 the same for any purpose not authorized by law, by any officer having the possession or 
 control thereof, shall be a felony, and shall be prosecuted and punished as prescribed by law. 
 
 Sec. 18. No county, city, town, township, board of education, or school district, shall 
 incur any indebtedness or liability in any manner or for any purpose exceeding in any year 
 the income and revenue provided for such year, without the assent of two-thirds of the 
 qualified electors thereof, voting at an election to be held for that purpose, nor unless before 
 or at the time of incurring such indebtedness provision shall be made for the collection of an 
 annual tax sufficient to pay the interest on such indebtedness as it falls due, and also provi- 
 sion to constitute a sinking fund for the payment of the principal thereof on or before 
 maturity, which shall not exceed forty years from the time of contracting the same; provided, 
 however, that the city and county of San Francisco may at any time pay the unpaid claims, 
 with interest thereon at the rate of five per cent per annum, for materials furnished to and 
 work done for said city and county during the forty-first, forty-second, forty-third, forty- 
 fourth and fiftieth fiscal years, and for unpaid teachers' salaries for the fiftieth fiscal year, 
 out of the income and revenue of any succeeding year or years, the amount to be paid in full 
 of said claims not to exceed in the aggregate the sum of five hundred thousand dollars, and 
 that no statute of limitations shall apply in any manner to these claims; and provided, 
 further, that the city of Vallejo, of Solano county, may pay its existing indebtedness, incurred 
 in the construction of its waterworks, whenever two-thirds of the electors thereof, voting at 
 an election held for that purpose, shall so decide, and that no statute of limitations shall 
 apply in any manner; provided, further, that the city of Venice may pay all of its indebted- 
 ness incurred during the years nineteen hundred fourteen, nineteen hundred fifteen and nineteen 
 hundred sixteen in excess of the income and revenue for said years, the amount to be paid in 
 full of said indebtedness not to exceed in the aggregate the sum of sixty thousand dollars, 
 whenever two-thirds of the voters thereof voting at an election held for that purpose shall 
 so decide, and that no statute of limitations shall apply in any manner. Any indebtedness 
 or liability incurred contrary to this provision, with the exceptions hereinbefore recited, shall 
 be void. The city and county of San Francisco, the city of San Jose, and the town of Santa 
 Clara may make provision for a sinking fund, to pay the principal of any indebtedness incurred, 
 or to be hereafter incurred by it, to commence at a time after the incurring of such indebted- 
 ness of no more than a period of one-fourth of the time of maturity of such indebtedness, 
 which shall not exceed seventy-five years from the time of contracting the same. Any indebt- 
 edness incurred contrary to any provision of this section shall be void; and, provided, further, 
 that the county of Alameda may, upon the assent of two-thirds of the qualified electors thereof 
 voting at an election to be held for that purpose, incur a bonded indebtedness of not to exceed 
 one million dollars, and the legislative authority of said county of Alameda shall issue bonds 
 therefor and grant and turn over to the Panama-Pacific International Exposition Company, 
 a corporation organized under the laws of the state of California, March 22, 1910, the 
 proceeds of said bonds for stock in said company or under such other terms and conditions 
 as said legislative authority may determine, the same to be used and disbursed by said exposi- 
 tion company for the purposes of an exposition to be held in the city and county of San 
 Francisco to celebrate the completion of the Panama canal; said bonds, so issued, to be of 
 such form and to be redeemable, registered and converted in such manner and amounts, and 
 at such times not later than forty years from the date of their issue as the legislative authority 
 of said county of Alameda shall determine; the interest on said bonds not to exceed five 
 per centum per annum, and said bonds to be exempt from all taxes for state, county and 
 municipal purposes, and to be sold for not less than par at such times and places, and in 
 such manner, as shall be determined by said lecfislative authority; the proceeds of said bonds, 
 
 ( Ixxxv )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA, 
 
 when sold, to be payable immediately upon such terms or conditions as said legislative body 
 may determine, to the treasurer of said Panama-Pacific International Exposition Company, 
 upon demands of said treasurer of said exposition company, without the necessity of the 
 approval of such demands by other authority, than said legislative authority of Alameda 
 county, the same to be used and disbursed by said Panama-Pacific International Exposition 
 Company for the purposes of such exposition, under the direction and control of said ex- 
 position company; and the legislative authority of said county of Alameda is hereby empowered 
 and directed to levy a special tax on all taxable property in said county each year after the 
 issue of said bonds to raise an amount to pay the interest on said bonds as the same become 
 due, and to create a sinking fund to pay the principal thereof when the same shall become 
 due. [Amendment adopted November 5, 1918.] 
 
 Sec. 18^4. Anything in this constitution to the contrary notwithstanding, the county of 
 Los Angeles may, out of succeeding years' revenue or income, reimburse any funds officially 
 held by the treasurer of Los Angeles county which have been heretofore diminished by pay- 
 ment therefrom, during the sixty-fourth, sixty-fifth, sixty-sixth, sixty-seventh or sixty-eighth 
 fiscal years, of claims or demands representing indebtedness or liability of said county in 
 excess of the income and revenue provided for the year in which such indebtedness or liability 
 was incurred, whenever a majority of the qualified electors of said county voting at an election 
 held for that purpose shall so decide; and such an election may be called by the board of 
 supervisors of said county and held in accordance with the election laws of this state applic- 
 able thereto. [Amendment adopted November 5, 1918.] 
 
 Sec. 19. Ajiy municipal corporation may establish and operate public works for supplying 
 its inhabitants with light, water, power, heat, transportation, telephone service or other means 
 of communication. Such works may be acquired by original construction or by the purchase 
 of existing works, including their franchises, or both. Persons or corporations may establish 
 and operate works for supplying the inhabitants with such services upon such conditions and 
 under such regulations as the municipality may prescribe under its organic law, on condition 
 that the municipal government shall have the right to regulate the charges thereof. A 
 municipal corporation may furnish such services to inhabitants outside its boundaries ; provided, 
 that it shall not furnish any service to the inhabitants of any other municipality owning or 
 operating works supplying the same service to such inhabitants, without the consent of such 
 other municipality, expressed by ordinance. [Amendment adopted October 10, 1911.] 
 
 ARTICLE XIL 
 
 CORPORATIONS. 
 
 Section 1. Corporations may be formed under general laws, but shall not be created by 
 special act. All laws now in force in the state concerning corporations, and all laws that 
 may be hereafter passed pursuant to this section, may be altered from time to time or repealed. 
 
 Sec. 2. Dues from corporations shall be secured by such individual liability of the cor- 
 porators and other means as may be prescribed by law. 
 
 Sec. 3. Each stockholder of a corporation, or joint-stock association, shall be individually 
 and personally liable for such proportion of all its debts and liabilities contracted or incurred, 
 during the time he was a stockholder, as the amount of stock or shares owned by him bears 
 to the whole of the subscribed capital stock, or shares of the corporation or association. The 
 directors or trustees of corporations and joint-stock associations shall be jointly and severally 
 liable to the creditors and stockholders for all moneys embezzled or misappropriated by the 
 officers of such corporation or joint-stock association, during the term of office of 8uch director 
 or trustee. 
 
 Nothing in the preceding paragraph of this section shall be held to apply to any exposi- 
 tion company organized to promote and carry on any international exposition or world's fair 
 within the state of California, and the liability of stockholders in any such exposition com- 
 pany shall be and the same is hereby limited to an amount not exceeding the par value of 
 the stock of said corporation subscribed for by such stockholders. [Amendment adopted 
 November 3, 1908.] 
 
 ( Ixxxvi )
 
 COXSTITLTIOX OF THE STATE OF CALIFORNIA. 
 
 Sec. 4. The term corporations, as used in this article, shall be construed to include all 
 associations and joint-stock companies having any of the powers or privileges of corporations 
 not possessed by individuals or partnerships, and all corporations shall have the right to sue 
 and be subject to be sued, in all courts, in like cases as natural persons. 
 
 Sec. 5. The legislature shall have no power to pass any act granting any charter for 
 banking purposes, but corporations or associations may be formed for such purposes under 
 general laws, and the legislature shall provide for the classification of cities and towns by 
 population for the purpose of regulating the business of banking. No corporation, asso- 
 ciation, or individual shall issue or put in circulation, as money, anything but the lawful 
 money of the United States. [Amendment adopted November 8, 1910.] 
 
 Sec. 6. All existing charters, grants, franchises, special or exclusive privileges, under 
 which an actual and bona fide organization shall not have taken place, and business been 
 commenced in good faith, at the time of the adoption of this constitution, shall thereafter 
 have no validity. 
 
 Sec. 7. The legislature shall not extend any franchise or charter, nor remit the forfeiture 
 of any franchise or charter of any quasi-public corporation now existing or which shall here- 
 after exist under the laws of this state. The term of existence of any other corporation now 
 or hereafter existing under the laws of this state, may be extended at any time prior to the 
 expiration of its corporate existence, for a period not exceeding fifty years from the date of 
 such extension, by the vote or written consent of stockholders representing two-thirds of its 
 capital stock or of two-thirds of the members thereof. A certificate of such vote or 
 consent shall be signed and sworn to by the president and secretary, and by a majority of the 
 directors of the corporation and filed and certified in the manner and upon payment of fees 
 required by law for filing and certifying articles of incorporation, and thereupon the term 
 of the corporation shall be extended for the period specified in such certificate, and such 
 corporation shall thereafter pay all annual or other fees required by law to be paid by cor- 
 porations. [Amendment adopted November 3, 1908.] 
 
 Sec. 8. The exercise of the right of eminent domain shall never be so abridged or con- 
 strued as to prevent the legislature from taking the property and franchises of incorporated 
 companies and subjecting them to public use the same as the property of individuals, and 
 the exercise of the police power of the state shall never be so abridged or construed as to 
 permit corporations to conduct their business in such manner as to infringe the rights of 
 individuals or the general well-being of the state. 
 
 Sec. 9. No corporation shall engage in any business other than that expressly authorized 
 in its charter or the law under which it may have been or may hereafter be organized; nor 
 shall it hold for a longer period than five years any real estate except such as may be neces- 
 sary for carrying on its business. 
 
 Sec. 10. The legislature shall not pass any laws permitting the leasing or alienation of 
 any franchise, so as to relieve the franchise or property held thereunder from the liabilities 
 of the lessor or grantor, lessee or grantee, contracted or incurred in the operation, use, or en- 
 joyment of such franchise or any of its privCeges. 
 
 Sec. 11. No corporation shall issue stock or bonds, except for money paid, labor done, 
 or property actually received, and all fictitious increase of stock or indebtedness shall be void. 
 The stock and bonded indebtedness of corporations shall not be increased, except in pursu- 
 ance of general law, nor without the consent of the persons holding the larger amount in 
 value of the stock, at a meeting called for that purpose, giving sixty days' public notice, 
 as may be provided by law. 
 
 Sec. 12. In all elections for directors or managers of corporations every stockholder shall 
 have the right to vote, in person or by proxy, the number of shares of stock owned by him, 
 for as many persons as there are directors or managers to be elected, or to cumulate said 
 shares and give one candidate as many votes as the number of directors multiplied by the 
 number of his shares of stock shall equal, or to distribute them, on the same principle, among 
 as many candidates as he shall tiiiaJlr fit: oj^d such directors or manaeers shall not be elected 
 
 ( Ixxxvn J
 
 CONSTITUTION OP THE STATE OF CALIFORNIA. 
 
 in any other manner, except that members of co-operative societies formed for agricultural, 
 mercantile, and manufacturing purposes may vote on all questions affecting such societies in 
 •manner prescribed by law. 
 
 Sec. 13. The state shall not, in any manner, loan its credit, nor shall it subscribe to or 
 be interested in the stock of any company, association, or corporation. 
 
 Sec. 14. Every corporation other than religious, educational, or benevolent, organized 
 or doing business in this state, shall have and maintain an office or place in this state for the 
 transaction of its business, where transfers of stock shall be made, and in which shall be kept, 
 for inspection by every person having an interest therein, and legislative committees, books 
 in which shall be recorded the amount of capital stock subscribed, and by whom; the names 
 of the owners of its stock, and the amounts owned by them, respectively; the amount of 
 stock paid in, and by whom; the transfer of stock; the amount of its assets and liabilities, and 
 the names and places of residence of its officers. 
 
 Sec. 15. No corporation organized outside the limits of this state shall be allowed to 
 transact business within this state on more favorable conditions than are prescribed by law 
 to similar corporations organized under the laws of this state. 
 
 Sec. 16. A corporation or association may be sued in the county where the contract is 
 made or is to be performed, or where the obligation or liability arises or the breach occurs; 
 or in the county where the principal place of business of such corporation is situated, subject 
 to the power of the court to change the place of trial as in other cases. 
 
 Sec. 17. All railroad, canal, and other transportation companies are declared to be common 
 carriers, and subject to legislative control. Any association or corporation, organized for the 
 purpose under the laws of this state, shall have the right to connect at the state line with 
 railroads of other states. Every railroad company shall have the right with its road to inter- 
 sect, connect with, or cross any other railroad, and shall receive and transport each the other's 
 passengers, tonnage, and cars, without delay or discrimination. 
 
 Sec. 18. No president, director, oflBcer, agent, or employee of any railroad or canal com- 
 pany shall be interested, directly or indirectly, in the furnishing of material or supplies to 
 such company, nor in the business of transportation as a common carrier of freight or passen- 
 gers over the works owned, leased, controlled, or worked by such company, except such 
 interest in the business of transportation as lawfully flows from the ownership of stock therein. 
 
 Sec. 19. No railroad or other transportation company shall grant free passes, or passes 
 or tickets at a discount, to any person holding any office of honor, trust, or profit in this state ; 
 and the acceptance of any such pass or ticket by a member of the legislature, or any public 
 officer, other than railroad commissioner, shall work a forfeiture of his office. 
 
 Sec. 20. No railroad or other transportation company shall raise any rate of charge for 
 the transportation of freight or passengers or any charge connected therewith or incidental 
 thereto, under any circumstances whatsoever, except upon a showing before the railroad 
 commission provided for in this constitution, that such increase is justified, and the decision 
 of the said commission upon the showing so made shall not be subject to review by any court 
 except upon the question whether such decision of the commission will result in confiscation 
 of property. [Amendment adopted October 10, 1911.] 
 
 Sec. 21. No discrimination in charges or facilities for transportation shall be made by 
 any railroad or other transportation company between places or persons, or in the facilities 
 for the transportation of the same classes of freight or passengers within this state. It shall 
 be unlawful for any railroad or other transportation company to charge or receive any 
 greater compensation in the aggregate for the transportation of passengers or of like kind of 
 property for a shorter than for a longer distance over the same line or route in the same 
 direction, the shorter being included within the longer distance, or to charge any greater 
 compensation as a through rate than the aggregate of the intermediate rates; provided, 
 however, that upon application to the railroad commission provided for in this constitution 
 such company may, in special cases, after investigation, be authorized by such commission to 
 charge less for longer than for shorter distances for the transportation of persons or prop- 
 erty and the railroad commission may from time to time prescribe the extent to which such 
 
 ( Ixxxviii )
 
 CONSTITITIOX OF THE STATE OF CALIFORNIA. 
 
 company rney be relieved from the prohibition to charge less for the longer than for the 
 shorter haul. The railroad commission shall have power to authorize the issuance of excur- 
 sion and commutation tickets at special rates. Nothing herein contained shall be construed 
 to prevent the railroad commission from ordering and compelling any railroad or other trans- 
 portation company to make reparation to any shipper on account of the rates charged to said 
 shipper being excessive or discriminatory, provided no discrimination will result from such 
 reparation. [Amendment adopted October 10, 1911.] 
 
 Sec. 22. There is hereby created a railroad commission which shall consist of five members 
 and which shall be known as the railroad commission of the state of California. The com- 
 mission shall be appointed by the governor from the state at large; provided, that the legis- 
 lature, in its discretion, may divide the state into districts for the purpose of such appoint- 
 ments, said districts to be as nearly equal in population as practicable; and provided, further, 
 that the three commissioners in oflSce at the time this section takes effect shall serve out the 
 term for which they were elected, and that two additional commissioners shall be appointed 
 by the governor immediately after the adoption of this section, to hold office during the 
 same term. Upon the expiration of said term, the term of office of each commissioner 
 thereafter shall be six years, except the commissioners first appointed hereunder after such 
 expiration, one of whom shall be appointed to hold office until January 1, 1917, two until 
 January 1, 1919, and two until January 1, 1921. Whenever a vacancy in the office of com- 
 missioner shall occur the governor shall forthwith appoint a qualified person to fill the same 
 for the unexpired term. Commissioners appointed for regular terms shall at the beginning 
 of the term for which they are appointed, and those appointed to fill vacancies, shall im- 
 mediately upon their appointment, enter upon the duties of their offices. The legislature 
 shall fijx the salaries of the commissioners, but pending such action the salaries of the com- 
 missioners, their officers and employees shall remain as now fixed by law. The legislature 
 shall have the power, by a two-thirds vote of all members elected to each house, to remove 
 any one or more of said commissioners from office for dereliction of duty or corruption or 
 incompetency. All of said commissioners shall be qualified electors of this state, and no person 
 in the employ of or holding any official relation to any person, firm or corporation, which said 
 person, firm or corporation is subject to regulation by said railroad commission and no person 
 owning stock or bonds of any such corporation or who is in any manner pecuniarily interested 
 therein, shall be appointed to or hold the office of railroad commissioner. No vacancy in the 
 commission shall impair the right of the remaining commissioners to exercise all the powers 
 of the commission. The act of a majority of the commissioners when in session as a board 
 shall be deemed to be the act of the commission; but any investigation, inquiry or hearing 
 which the commission has power to undertake or to hold may be undertaken or held by or 
 before any commissioner designated for the purpose by the commission, and every order made 
 by a commissioner so designated, pursuant to such inquiry, investigation or hearing, when 
 approved or confirmed by the commission ordered filed in its office, shall be deemed to be the 
 order of the commission. 
 
 Said commission shall have the power to establish rates of charges for the transportation 
 of passengers and freight by railroads and other transportation companies, and no railroad or 
 other transportation company shall charge or demand or collect or receive a greater or less 
 or different compensation for such transportation of passengers or freight, or for any service 
 in connection therewith, between the points named in any tariff of rates, established by said 
 commission, than the rates, fares and charges which are specified in such tariff. The com- 
 mission shall have the further power to examine books, records and papers of all railroad 
 and other transportation companies; to hear and determine complaints against railroad and 
 other transportation companies; to issue subpoenas and all necessary process and send for 
 persons and papers; and the commission and each of the commissioners shall have the power 
 to administer oaths, take testimony and punish for contempt in the same manner and to the 
 same extent as courts of record; the commission may prescribe a uniform system of accounts 
 to be kept by all railroad and other transportation companies. 
 
 No provision of this constitution shall be construed as a limitation upon the authority of 
 the legislature to confer upon the railroad commission additional powers of the same kind 
 
 ( Ixxxix )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 or different from those conferred herein which are not inconsistent with the powert conferred 
 upon the railroad commission in this constitution, and the authority of the legislature to confer 
 such additional powers is expressly declared to be plenary and unlimited by any provision of 
 this constitution. 
 
 The provisions of this section shall not be construed to repeal in whole or in part any 
 existing law not inconsistent herewith, and the "Railroad Commission Act" of this state 
 approved February 10, 1911, shall be construed with reference to this constitutional provision 
 and any other constitutional provision becoming operative concurrently herewith. And the 
 said act shall have the same force and effect as if the same had been passed after the adop- 
 tion of this provision of the constitution and of all other provisions adopted concurrently 
 herewith, except that the three commissioners referred to in said act shall be held and con- 
 strued to be the five commissioners provided for herein. [Amendment adopted October 10, 
 1911.] 
 
 Sec. 23. Every private corporation, and every individual or association of individuals, 
 owning, operating, managing, or controlling any commercial railroad, interurban railroad, 
 street railroad, canal, pipe line, plant, or equipment, or any part of such railroad, canal, pipe 
 line, plant, or equipment within this state, for the transportation or conveyance of passengers, 
 or express matter, or freight of any kind, including crude oil, or for the transmission of tele- 
 phone or telegraph messages, or for the production, generation, transmission, delivery or 
 furnishing of heat, light, water or power or for the furnishing of storage or wharfage 
 facilities, either directly or indirectly, to or for the public, and every common carrier, is 
 hereby declared to be a public utility subject to such control and regulation by the railroad 
 commission as may be provided by the legislature, and every class of private corporations, 
 individuals, or associations of individuals hereafter declared by the legislature to be public 
 utilities shall likewise be subject to such control and regulation. The railroad commission 
 shall have and exercise such power and jurisdiction to supervise and regulate public utilities, 
 in the state of California, and to fix the rates to be charged for commodities furnished, or 
 services rendered by public utilities as shall be conferred upon it by the legislature, and the 
 right of the legislature to confer powers upon the railroad commission respecting public utilities 
 is hereby declared to be plenary and to be unlimited by any provision of this constitution. 
 From and after the passage by the legislature of laws conferring powers upon the railroad 
 commission, respecting public utilities, all powers respecting such public utilities vested in 
 boards of supervisors, or municipal councils, or other governing bodies of the several coun- 
 ties, cities and counties, cities and towns, in this state, or in any commission created by law 
 and existing at the time of the passage of such laws, shall cease so far as such powers shall 
 conflict with the powers so conferred upon the railroad commission; provided, however, that 
 this section shall not affect such powers of control over public utilities as relate to the making 
 and enforcement of local, police, sanitary and other regulations, other than the fixing of rates, 
 vested in any city and county or incorporated city or town as, at an election to be held pur- 
 suant to law, a majority of the qualified electors of such city and county, or incorporated city 
 or town, voting thereon, shall vote to retain, and until such election such powers shall continue 
 unimpaired; but if the vote so taken shall not favor the continuation of such powers they shall 
 thereafter vest in the railroad commission as provided by law; and provided, further, that 
 where any such city and county, or incorporated city or town, shall have elected to con- 
 tinue any of its powers to make and enforce such local, police, sanitary and other regulations, 
 other than the fixing of rates, it may, by a vote of a majority of its qualified electors voting 
 thereon, thereafter surrender such powers to the railroad commission in the manner prescribed 
 by the legislature; and provided, further, that this section shall not affect the right of any 
 city and county or incorporated city or town, to grant franchises for public utilities upon 
 the terms and conditions and in the manner prescribed by law. Nothing in this section shall 
 be construed as a limitation upon any power conferred upon the railroad commission \>j any 
 provision of this constitution now existing or adopted concurrently herewith. [Amendment 
 adopted November 3, 1914.] 
 
 Sec. 23a. The railroad commission shall have and exercise such power and jurisdiction as 
 shall be conferred upon it by the legislature to fix the just compensation to be paid for the 
 taking of any property of a public utility in eminent domain proceedings by the state or 
 
 (xc)
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 any county, city and county, incorporated city or town, or municipal water district, and tha 
 right of the legislature to confer such powers upon the railroad commission is hereby de- 
 clared to be plenary and to be unlimited by any provision of this constitution. All acts of 
 the legislature heretofore adopted, which are in accordance herewith, are hereby confirmed and 
 declared valid. [New section adopted November 3, 1914.] 
 
 Sec. 24. The legislature shall pass all laws necessary for the enforcement of the provi- 
 sions of this article. 
 
 ARTICLE Xni. 
 
 EEVENUE AND TAXATION. 
 
 Section 1. All property in the state except as otherwise in this constitution provided, not 
 exempt under the laws of the United States, shall be taxed in proportion to its value, to be 
 ascertained as provided by law, or as hereinafter provided. The word "property," as used 
 in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, 
 franchises, and all other matters and things, real, personal and mixed, capable of private 
 ownership; provided, that a mortgage, deed of trust, contract, or other obligation by which 
 a debt is secured when land is pledged as security for the payment thereof, together with the 
 money represented by such debt, shall not be considered property subject to taxation; and 
 further -provided, that property used for free public libraries and free museums, growing 
 crops, property used exclusively for public schools, and such as may belong to the United 
 States, this state, or to any county, city and county, or municipal corporation within the 
 state shall be exempt from taxation, except such lands and the improvements thereon located 
 outside of the county, city and county, or municipal corporation owning the same as were 
 subject to taxation at the time of the acquisition of the same by said county, city and 
 county, or municipal corporation, provided, that no improvements of any character whatever 
 constructed by any county, city and county, or municipal corporation shall be subject to 
 taxation. All lands or improvements thereon, belonging to any county, city and county, or 
 municipal corporation, not exempt from taxation, shall be assessed by the assessor of the 
 county, city and county, or municipal corporation in which said lands or improvements are 
 located, and said assessment shall be 'subject to review, equalization and adjustment by the 
 state board of equalization. The legislature may provide, except in the case of credits secured 
 by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of 
 this state. [Amendment adopted November 3, 1914.] 
 
 Sec. 11/4- The property to the amount of one thousand dollars of every resident in this 
 state who has served in the army, navy, marine corps, or revenue marine service of the 
 United States in time of war, and received an honorable discharge therefrom; or lacking 
 such amount of property in his own name, so much of the property of the wife of any such 
 person as shall be necessary to equal said amount; and property to the amount of one 
 thousand dollars of the widow resident in this state, or if there be no such widow, of the 
 widowed mother resident in this state, of every person who has so served and has died either 
 during his term of service or after receiving honorable discharge from said service; and the 
 property to the amount of one thousand dollars of pensioned widows, fathers, and mothers, 
 resident in this state, of soldiers, sailors, and marines who served in the army, navy, or marine 
 corps, or revenue marine service of the United States, shall be exempt from taxation; provided, 
 that this exemption shall not apply to any person named herein owning property of the 
 value of five thousand dollars or more, or where the wife of such soldier or sailor owns 
 property of the value of five thousand dollars or more. No exemption shall be made under 
 the provisions of this act of the property of a person who is not a legal resident of this 
 state. [New section adopted October 10, 1911.] 
 
 Sec. iV-i- AH buildings, and so much of the real property on which they are situated as 
 may be required for the convenient use and occupation of said buildings, when the same are 
 used solely and exclusively for religious worship shall be free from taxation; provided, that 
 no building so used which may be rented for religious purposes and rent received by the 
 owner therefor, shall be exempt from taxation. [New section adopted November 6, 1900.] 
 
 Sec. 1M>o. All buildings, and so much of the real property connected therewith as may 
 be required for the occupation of institutions sheltering more than twenty orplian or half- 
 
 ( xci )
 
 CONSTITUTION OF THE STATE OP CALIFORNIA. 
 
 orphan children receiving state aid shall be free from taxation; provided, that no building or 
 real or personal property so used which may be rented and the rent received by the owner 
 therefor shall be exempt from taxation under the terms of this act. [New section adopted 
 November 2, 1920.] 
 
 Sec. 1%. All bonds hereafter issued by the state of California, or by any county, city and 
 county, municipal corporation, or district (including school, reclamation, and irrigation dis- 
 tricts) within said state, shall be free and exempt from taxation. [New section adopted 
 November 4, 1902.] 
 
 Sec. la. Any educational institution of collegiate grade, within the state of California, 
 not conducted for profit, shall hold exempt from taxation its buildings and equipment, its 
 grounds within which its buildings are located, not exceeding one hundred acres in area, its 
 securities and income used exclusively for the purposes of education. [New section adopted 
 November 3, 1914.] 
 
 Sec. 2. Land, and the improvements thereon, shall be separately assessed. Cultivated and 
 uncultivated land, of the same quality, and similarly situated, shall be assessed at the same 
 value. 
 
 Sec. 3. Every tract of land containing more than six hundred and forty acres, and which 
 has been sectionized by the United States government, shall be assessed, for the purposes of 
 taxation, by sections or fractions of sections. The legislature shall provide by law for the 
 assessment, in small tracts, of all lands not sectionized by the United States government. 
 
 Sec. 4. All vessels of more than fifty tons burden registered at any port in this sta^e and 
 engaged in the transportation of freight or passengers, shall be exempt from taxation except 
 for state purposes, until and including the first day of January, nineteen hundred thirty-five. 
 [New section adopted November 3, 1914.] 
 
 Sec. 5. [Repealed November 6, 1906.] 
 
 Sec. 6. The power of taxation shall never be surrendered or suspended by any grant or 
 contract to which the state shall be a party. • 
 
 Sec. 7. The legislature shall have the power to provide by law for the payment of all 
 taxes on real property by installments. 
 
 Sec. 8. The legislature shall by law require each taxpayer in this state to make and 
 deliver to the county assessor, annually, a statement, under oath, setting forth specifically all 
 the real and personal property owned by such taxpayer, or in his possession, or under his 
 control, at twelve o'clock meridian on the first Monday of March. 
 
 Sec. 9. A state board of equalization, consisting of one member from each congressional 
 district in this state, as the same existed in eighteen hundred and seventy-nine, shall be elected 
 by the qualified electors of their respective districts, at the general election to be held in the 
 year one thousand eight hundred and eighty-six, and at each gubernatorial election thereafter, 
 whose term of office shall be for four years; whose duty it shall be to equalize the valuation 
 of the taxable property in the several counties of the state for the purposes of taxation. The 
 controller of state shall be ex officio a member of the board. The boards of supervisors of the 
 several counties of the state shall constitute boards of equalization for their respective coun- 
 ties, whose duty it shall be to equalize the valuation of the taxable property in the county for 
 the purpose of taxation; provided, such state and county boards of equalization are hereby 
 authorized and empowered, under such rules of notice as the county boards may prescribe as 
 to county assessments, and under such rules of notice as the state board may prescribe as to 
 the action of the state board, to increase or lower the entire assessment roll, or any assess- 
 ment contained therein, so as to equalize the assessment of the property contained in said 
 assessment roll, and make the assessment conform to the true value in money of the property 
 contained in said roll; provided, that no board of equalization shall raise any mortgage, deed 
 of trust, contract or other obligation by which a debt is secured, money, or solvent credits, 
 above its face value. The present state board of equalization shall continue in office until 
 their successors, as herein provided for, shall be elected and shall qualify. The legislature 
 shall have power to redistriet the state into four districts, as nearly equal in population as 
 
 ( xcii )
 
 I 
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 practical, and to provide for the elections of members of said board of equalization. [Anxend- 
 ment adopted November 4, 1884.] 
 
 Sec. 10. All property, except as otherwise in this constitution provided, shall be assessed 
 in the county, city, city and county, town or township, or district in which it is situated, 
 in the manner prescribed by law. [Amendment adopted November 8, 1910.] 
 
 Sec. 10%. The personal property of every householder to the amount of one hundred 
 dollars, the articles to be selected by each householder, shall be exempt from taxation. [New 
 section adopted November 8, 1904.] 
 
 Sec. 11. Income taxes may be assessed to and collected from persons, corporations, joint- 
 stock associations, or companies resident or doing business in this state, or any one or more 
 of them, in such cases and amounts, and in such manner, as shall be prescribed by law. 
 
 Sec. 12. The legislature shall provide for the levy of an annual poll tax, and the collection 
 thereof by assessors, or not less than four dollars on every alien male inhabitant of this state 
 over twenty-one and under sixty years of age, except paupers, idiots and insane persons. Said 
 tax shall be paid into the county school fund in which county it, is collected. [Amendment 
 adopted November 2, 1920.] 
 
 Sec. 12%. Fruit and nut bearing trees under the age of four years from the time of 
 planting in orchard form, and grapevines under the age of three years from the time of planting 
 in vineyard form, shall be exempt from taxation, and nothing in this article shall be construed 
 as subjecting such trees and grapevines to taxation. [New section adopted November 6, 1894.] 
 
 Sec. 13. The legislature shall pass all laws necessary to carry out the provisions of this 
 article. 
 
 Sec. 14. Taxes levied, assessed and collected as hereinafter provided upon railroads, 
 including street railways, whether operated in one or more counties; sleeping car, dining car, 
 drawingroom car and palace car companies, refrigerator, oil, stock, fruit, and other car-loaning 
 and other car companies operating upon railroads in this state; companies doing express 
 business on any railroad, steamboat, vessel or stage line in this state; telegraph companies; 
 telephone companies; companies engaged in the transmission or sale of gas or electricity; 
 insurance companies; banks, banking associations, savings and loan societies, and trust com- 
 panies; and taxes upon all franchises of every kind and nature, shall be entirely and exclu- 
 sively for state purposes, and shall be levied, assessed and collected in the manner hereinafter 
 provided. The word "companies" as used in this section shall include persons, partnerships, 
 joint stock associations, companies and corporations. 
 
 (a) All railroad companies, including street railways, whether operated in one or more 
 counties; all sleeping car, dining car, drawingroom car, and palace car companies, all refriger- 
 ator, oil, stock, fruit and other car-loaning and other car companies, operating upon the rail- 
 roads in this state; all companies doing express business on any railroad, steamboat, vessel or 
 stage line in this state; all telegraph and telephone companies; and all companies engaged in 
 the transmission or sale of gas or electricity shall annually pay to the state a tax upon their 
 franchises, roadways, roadbeds, rails, rolling stock, poles, wires, pipes, canals, conduits, rights 
 of way, and other property, or any part thereof used exclusively in the operation of their 
 business in this state, computed as follows: Said tax shall be equal to the percentages herein- 
 after fixed upon the gross receipts from operation of such companies, and each thereof within 
 this state. When such companies are operating partly within and partly without this state, the 
 gross receipts within this state shall be deemed to be all receipts on business beginning and 
 ending within this state, and a proportion, based upon the proportion of the mileage within 
 this state to the entire mileage over which such business is done, of receipts on all business 
 passing through, into, or out of this state. 
 
 The percentages above mentioned shall be as follows: On all railroad companies, including 
 street railways, four per cent; on all sleeping car, dining car, drawingroom car, palace car 
 companies, refrigerator, oil, stock, fruit and other car-loaning and other car companies, three 
 per cent; on all companies doing express business on any railroad, steamboat, vessel or stage 
 
 ( xciii )
 
 CONSTITUTION OF THE STAT;: OF CALIFORNIA. 
 
 line, two per cent; on all telegraph and telephone companies, three and one-half per cent; on 
 all companies engaged in the transmission or sale of gas or electricity, four per cent. Such 
 taxes shall be in lieu of all other taxes and licenses, state, county and municipal, upon the 
 property above enumerated of such companies except as otherwise in this section provided; 
 provided, that nothing herein shall be construed to release any such company from the payment 
 of any amount agreed to be paid or required by law to be paid for any special privilege or 
 franchise granted by any of the municipal authorities of this state. 
 
 (b) Every insurance company or association doing business in this state shall annually pay 
 to the state a tax of one and one-half per cent upon the amount of the gross premiums received 
 upon its business done in this state, less return premiums and reinsurance in companies or 
 associations authorized to do business in this state; provided, that there shall be deducted from 
 said one and one-half per cent upon the gross premiums the amount of any county and 
 municipal taxes paid by such companies on real estate owned by them in this state. This tax 
 shall be in lieu of all other taxes and licenses, state, county and municipal, upon the property 
 of such companies, except county and municipal taxes on real estate, and except as otherwise 
 in this section provided; provided, that when by the laws of any other state or country, any 
 taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or 
 prohibitions, are imposed on insurance companies of this state, doing business in such other 
 state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, 
 fees, deposits of money, or of securities, or other obligations or prohibitions, imposed upon 
 insurance companies of such other state or country, so long as such laws continue in force, the 
 same obligations and prohibitions of whatsoever kind may be imposed by the legislature upon 
 insurance companies of such other state or country doing business in this state. 
 
 (c) The shares of capital stock of all banks, organized under the laws of this state, or of 
 the United States, or of any other state and located in this state, shall be assessed and taxed 
 to the owners or holders thereof by the state board of equalization, in the manner to be 
 prescribed by law, in the city or town where the bank is located and not elsewhere. There 
 shall be levied and assessed upon such shares .of capital stock an annual tax, payable to the 
 state, of one per centum upon the value thereof. The value of each share of stock in each bank, 
 except such as are in liquidation, shall be taken to be the amount paid in thereon, together 
 with its pro rata of the accumulated surplus and undivided profits. The value of each share 
 of stock in each bank which is in liquidation shall be taken to be its pro rata of the actual 
 assets of such bank. This tax shall be in lieu of all other taxes and licenses, state, county and 
 municipal, upon such shares of stock and upon the property of such ba«ks, except county and 
 municipal taxes on real estate and except as otherwise in this section provided. In determining 
 the value of the capital stock of any bank there shall be deducted from the value, as defined 
 above, the value, as assessed for county taxes, of any real estate, other than mortgage interests 
 therein, owned by such bank and taxed for county purposes. The banks shall be liable to the 
 state for this tax and the same shall be paid to the state by them on behalf of the stockholders 
 in the manner and at the time prescribed by law, and they shall have a lien upon the shares of 
 stock and upon any dividends declared thereon to secure the amount so paid. 
 
 The moneyed capital, reserve, surplus, undivided profits and all other property belonging to 
 unincorporated banks or bankers of this state, or held by any bank located in this state which 
 has no shares of capital stock, or employed in this state by any branches, agencies, or other 
 representatives of any banks doing business outside of the state of California, shall be likewise 
 assessed and taxed to such banks or bankers by the said board of equalization, in the manner 
 to be provided by law and taxed at the same rate that is levied upon the shares of capital stock 
 of incorporated banks, as provided in the first paragraph of this subdivision. The value of 
 said property shall be determined by taking the entire property invested in such business, 
 together with all the reserve, surplus, and undivided profits at their full cash value, and deduct- 
 ing therefrom the value as assessed for county taxes of any real estate, other than mortgage 
 interests therein, owned by such bank and taxed for county purposes. Such taxes shall be in 
 lieu of all other taxes and licenses, state, county and municipal, upon the property of the 
 banks and bankers, mentioned in this paragraph, except county and municipal taxes on real 
 estate and except as otherwise in this section provided. It is the intention of this paragraph 
 
 ( xciv )
 
 COXSTITUTIOX OF THE STATE OF CALIFORNIA. 
 
 that all moneyed capital and property of the banks and bankers mentioned in this paragraph 
 shall be assessed and taxed at the same rate as an incorporated bank, provided for in the first 
 paragraph of this snbdivision. In determining the value of the moneyed capital and property 
 of the banks and bankers mentioned in this subdivision, the said state board of equalization 
 shall include and assess to such banks all property and everything of value owned or held by 
 them, which go to make up the value of the capital stock of such banks and bankers, if the 
 same were incorporated and had shares of capital stock. 
 
 The word "banks" as used in this subdivision shall include banking associations, savings 
 and loan societies and trust companies, but shall not include building and loan associations. 
 
 (d) All franchises, other than those expressly provided for in this section, shall be assessed 
 at their actual cash value, in the manner to be provided by law, and shall be taxed at the rate 
 of one per centum each year, and the taxes collected thereon shall be exclusively for the benefit 
 of the state. 
 
 (e) Out of the revenues from the taxes provided for in this section, together with all other 
 state revenues, there shall be first set apart the moneys to be applied by the state to the support 
 of the public school system and the state university. In the event that the above named 
 revenues are at any time deemed insufficient to meet the annual expenditures of the state, 
 including the above named expenditures for educational purposes, there may be levied, in the 
 manner to be provided by law, a tax, for state purposes, on all the property in the state includ- 
 ing the classes of property enumerated in this section, sufficient to meet the deficiency. All 
 property enumerated in subdivisions a, b, and d of this section shall be subject to taxation, in 
 the manner provided by law, to pay the principal and interest of any bonded indebtedness 
 created and outstanding by any city, city and county, county, town, township or district, before 
 the adoption of this section. The taxes so paid for principal and interest on such bonded 
 indebtedness shall be deducted from the total amount paid in taxes for state purposes. 
 
 (/) All the provisions of this section shall be self-executing, and the legislature shall pass 
 all laws necessary to carry this section into effect, and shall provide for a valuation and 
 assessment of the property enumerated in this section, and shall prescribe the duties of the 
 state board of equalization and any other officers in connection with the administration thereof. 
 The rates of taxation fixed in this section shall remain in force until changed by the legislature, 
 two-thirds of all the members elected to each of the two houses voting in favor thereof. The 
 taxes herein provided for shall become a lien on the first Monday in March of each year after 
 the adoption of this section and shall become due and payable on the first Monday in July 
 thereafter. The gross receipts and gross premiums herein mentioned shall be computed for 
 the year ending the thirty-first day of December prior to the levy of such taxes and the value 
 of any property mentioned herein shall be fixed as of the first Monday in March. Nothing 
 herein contained shall affect any tax levied or assessed prior to the adoption of this section; 
 and all laws in relation to such taxes in force at the time of the adoption of this section shall 
 remain in force until changed by the legislature. Until the year 1918 the state shall reimburse 
 any and all counties which sustain loss of revenue by the withdrawal of railroad property from 
 county taxation for the net loss in county revenue occasioned by the withdrawal of railroad 
 property from county taxation. The legislature shall provide for reimbursement from the 
 general funds of any county to districts therein where loss is occasioned in such districts by 
 the withdrawal from local taxation of property taxed for state purposes only. 
 
 (g) No injunction shall ever issue in any suit, action or proceeding in any court against this 
 state or against any oflicer thereof to prevent or enjoin the collection of any tax levied under 
 the provisions of this section; but after payment action may be maintained to recover any tax 
 illegally collected in such manner and at such time as may now or hereafter be provided by law. 
 [New section adopted November 8, 1910.] 
 
 Note. — The rates fixed in the above section were changed by the legislature in 1913 (act 
 approved February 3. 1913), in 1915 (act approved January 28, 1915), and in 1917 (act 
 approved May 11, 1917). 
 
 ( itv )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 ARTICLE XrV. 
 
 "WATER AND WATER RIGHTS. 
 
 Section 1. The use of all water now appropriated, or that may hereafter be appropriated, 
 for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regu- 
 lation and control of the state, in the manner to be prescribed by law; provided, that the 
 rates or compensation to be collected by any person, company, or corporation in this state for 
 the use of water supplied to any city and county, or city, or town, or the inhabitants thereof, 
 shall be fixed, annually, by the board of supervisors, or city and county, or city, or town 
 council, or other governing body of such city and county, or city, or town, by ftrdinance or 
 otherwise, in the manner that other ordinances or legislative acts or resolutions are passed 
 by such body, and shall continue in force for one year and no longer. Such ordinances or 
 resolutions shall be passed in the month of February of each year, and take effect on the 
 first day of July thereafter. Any board or body failing to pass the necessary ordinances or 
 resolutions fixing water rates, where necessary, within such time, shall be subject to peremptory 
 process to compel action, at the suit of any party interested, and shall be liable to such 
 further processes and penalties as the legislature may prescribe. Any person, company, or 
 corporation collecting water rates in any city and county, or city, or town in this state, other- 
 wise than as so established, shall forfeit the franchises and waterworks of such person, com- 
 pany, or corporation to the city and county, or city, or town, where the same are collected, 
 for the public use. 
 
 Sec. 2. The right to collect rates or compensation for the use of water supplied to any 
 county, city and county, or town, or the inhabitants thereof, is a franchise, and can not he 
 exercised except by authority of and in the manner prescribed by law. 
 
 ARTICLE XV. 
 
 HARBOR FRONTAGE, ETC. 
 
 Section 1. The right of eminent domain is hereby declared to exist in the state to all 
 frontages on the navigable waters of this state. 
 
 Sec. 2. No individual, partnership, or corporation, claiming or possessing the frontage or 
 tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this state, shall be 
 permitted to exclude the right of way to such water whenever it is required for any public 
 purpose, nor to destroy or obstruct the free navigation of such water; and the legislature 
 shall enact such laws as will give the most liberal construction to this provision, so that access 
 to the navigable waters of this state shall be always attainable for the people thereof. 
 
 Sec. 3. All tide lands within two miles of any incorporated city or town in this state, and 
 fronting on the waters of any harbor, estuary, bay, or inlet, used for the purposes of naviga- 
 tion, shall be withheld from grant or sale to private persons, partnerships, or corporations. 
 
 ARTICLE XVL 
 
 STATE INDEBTEDNESS. 
 
 Section 1. The legislature shall not, in any manner, create any debt or debts, liability or 
 liabilities, which shall, singly or in the aggregate with any previous debts or liabilities, exceec 
 the sum of three hundred thousand dollars, except in case of war to repel invasion or suppress 
 insurrection, unless the same shall be authorized by law for some single object or work to be 
 distinctly specified therein, which law shall provide ways and means, exclusive of loans, for 
 the payment of the interest of such debt or liability as it falls due, and also to pay and dis- 
 charge the principal of such debt or liability within seventy-five years of the time of the 
 contracting thereof, and shall be irrepealable until the principal and interest thereon shall be 
 paid and discharged and such law may make provision for a sinking fund to pay the principal 
 of such debt or liability to commence at a time after the incurring of such debt or liability 
 of not more than a period of one-fourth of the time of maturity of such debt or liability; 
 but no such law shall take effect until, at a general election, it shall have been submitted to 
 the people and shall have received a majority of all the votes cast for and against it at such 
 election; and all moneys raised by authority of such law shall be applied only to the specific 
 *bject therein stated or to the payment of the debt thereby created, and such law shall be 
 
 ( xcvi )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 publisLed in at least one newspaper in each county, or city and county, if one he published 
 therein, throughout the state, for three months next preceding the election at which it la 
 submitted to the people. The legislature may, at any time after the approval of such law by 
 the people, if no debt shall have been contracted in pursuance thereof, repeal the same. 
 [Amendment adopted November 3, 1908.] 
 
 HIGHWAY BOND ISSUE. 
 
 Sec. 2. Immediately upon the adoption of this section the state treasurer shall prepare 
 forty thousand suitable bonds of the state of California in the denomination of one thousand 
 dollars each, to be numbered from one to forty thousand inclusive, to bear a date not later 
 than thirty days after said adoption and to bear interest at the rate of four and one-half per 
 cent per annum from the date of said bonds, said interest to be payable on the third day of 
 January and the third day of July of each and every year after the sale of said bonds, and 
 said bonds to become due and payable in annual parcels of one thousand bonds, commencing 
 July 3, 1926, and ending July 3, 1965. 
 
 PROCEDURE. 
 
 The provisions of the act of the legislature approved May 20, 1915, known at the "state 
 highways act of 1915," relative to the signing, countersigning, endorsing and sealing of the 
 bonds therein provided for and the interest coupons thereon, the place and method of payment 
 of principal and interest thereon, the procedure for initiating, advertising and holding sales 
 thereof, and the performance by the several state boards and officers of their respective duties 
 in connection therewith as therein stated, and all other provisions, terms and conditions in 
 said last-named act relating to the bonds therein mentioned, so far as the same shall be perti- 
 nent, shall be applicable to the preparation, issuance and sale of the bonds herein provided for, 
 as herein contemplated. 
 
 "third state highway" funds. 
 Funds corresponding to those provided for in said act are hereby created, and payments 
 into and out of the same shall be made as in said act provided, said funds to be designated 
 respectively, "third state highway fund," "third state highway interest and sinking fund," 
 "third state highway revolving fund," and "third state highway sinking fund"; and the 
 state treasurer shall on the first day of January, 1920, and on the first day of each July and the 
 first day of each January thereafter transfer from the general fund to the "third state highway 
 interest and sinking fund," and on the first day of July, 1926, and on the first day of July 
 of each year thereafter, from the general fund to the "third state highway sinking fund," the 
 required moneys as provided in section five of said act for the purposes therein stated but as 
 applicable only to the bonds herein provided for and the interest thereon. 
 
 USE OF FUNDS. 
 
 The moneys in said "third state highway fund" shall be used by the state department of 
 engineering for the acquisition of rights of way for and the acquisition, construction and 
 improvement of uncompleted portions of the system of state highways prescribed by the act 
 of the legislature approved May 22, 1909, known as the "state highways act," and the act of 
 the legislature approved May 20, 1915, and known as the "state highways act of 1915," and 
 certain extensions thereof described in said last-named act, and also for the acquisition of the 
 rights of way for and the acquisition, construction and improvement of the following additional 
 highways as state highways: Barstow to Needles; Oxnard to San Juan Capistrano; Barstow to 
 Mojave; Santa Maria to Bakersfield; Skyline boulevard San Francisco to Santa Cruz; Rio 
 Vista to Fairfield; Auburn to Verdi; Ukiah to Tahoe City; Crescent City to Oregon line; 
 Santa Rosa to Shellville; Big Pine to Oasis; Placerville to Sportsman's Hall; Feather river 
 route Oroville to Quiney; General Grant National Park to Kings river canyon; Calistoga to 
 Lower Lake; Mecca to Blythe; Rumsey to Lower Lake; Azusa to Pine Flats in San Gabriel 
 canyon; La Canada via Arroyo Seco to Mount Wilson road; Lancaster to Bailey's; Bakersfield 
 via Walker's pass to Freeman; McDonald's to the mouth of the Navarro river; Carmel to 
 San Simeon; Klamath river state highway bridge to coast state highway; Susanville to Nevada 
 state line; Pacheco pass road into HoUister; Visalia to Sequoia Park line; Deep creek easterly 
 via Bear Valley dam to the county road at Metcalf creek in the Angeles national forest; Orland 
 to Chico; Tiburon to Alto; and county line near Michigan Bar via Huot's ranch to Drytown. 
 
 ( xcvii >
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 Said additional highways to be located on the most direct and practical routes; provided, 
 however, that twenty million dollars of the moneys in said "third state highway fund/' or 
 so much of said twenty million dollars as shall be necessary, shall be used for the comple- 
 tion of all of the system of state highways contemplated and provided for in said "state 
 highways act" and in said "state highways act of 1915," and the extensions thereof specified 
 in said last-named act. 
 
 COST TO BE BORNE BY STATE. 
 The cost of acquisition and construction of the several extensions described in said "state 
 highways act of 1915" shall hereafter be entirely borne by the state of California, it being 
 the intention hereof to relieve the several counties from any further co-operation as contemplated 
 by said "state highway act of 1915," but nothing herein shall prevent any county from con- 
 tributing towards the cost of said extensions or of any other state highways at its option to 
 such extent as it may desire under the provisions of any existing laws. 
 
 APPLICATION OF STATE HIGHWAYS ACT. 
 
 All provisions of section eight of said ' ' state highways act of 1915, ' ' and of any amendment 
 thereof, and any provisions of said act or of any amendment thereof, relating to the selection 
 of routes, character of construction of highways, manner of conducting work thereon, powers 
 and duties of officers in connection therewith, adoption of public highways as state highways, 
 payment of principal and interest on any bonds and appropriation of money for payment 
 thereof, and the keeping of records and making of statements and reports, and all provisions 
 of section eight of the "state highways act," as amended May 19, 1915, and of section eight 
 of the "state highways act of 1915," and of any amendment of either thereof, relating to 
 the payment by counties of money for interest upon any bonds and the relief of counties from 
 such payment, shall, so far as applicable, apply to the bonds herein authorized and all high- 
 ways constructed hereunder. 
 
 SECTION TO BE SELF-EXECUTING. 
 
 All provisions of this section shall be self -executing and shall not require any legislative 
 action in furtherance thereof, but this shall not prevent such legislative action ; and all expenses 
 that shall be incurred by the state treasurer in the preparation of bonds herein provided for and 
 in the advertising and sale thereof and all expenses incurred by any officer in reference thereto 
 shall be paid from the general fund of the state. Nothing in this constitution contained shall 
 be a limitation upon the provisions of this section. [New section adopted July 1, 1919.] 
 
 Sec. 3. There is hereby created a state highway finance boaid composed of the governor, 
 state controller, state treasurer, chairman of the state board of control and chairman of the 
 California highway commission, all of whom shall serve thereon without compensation and a 
 majority of whom shall be empowered to act for said board. All of the forty thousand bonds 
 authorized by section two of article sixteen of this constitution which shall have heretofore 
 been sold shall be and constitute valid obligations of this state. All of said forty thousand 
 bonds which shall remain unsold at the time of the adoption of this section shall be cancelled 
 and destroyed by the state treasurer, and in lieu thereof bonds in the same amount shall be 
 prepared and sold as hereinafter stated. Said state highway finance board shall from time to 
 time, so long as the bonds herein authorized remain unsold, determine when the same or any 
 part thereof shall be sold, the number to be sold, the dates which the bonds so to be sold shall 
 bear, and the interest rate thereon, which rate shall be fixed by said board according to the 
 then prevailing market conditions but shall at no time exceed six per cent per annum, and the 
 determination of said board as to the rate of interest shall be conclusive as to the then prevail- 
 ino- market conditions. "When requested by said board the state treasurer shall prepare such 
 number of bonds, so dated and bearing such interest rate thereon, all as so determined by said 
 board, said bonds as to maturity dates thereof, form, place and method of payment of prin- 
 cipal and interest thereon, and in all other particulars, being the same as authorized by said 
 section two of article sixteen, and as though the bonds herein authorized were the balance of 
 said forty thousand bonds remaining unsold, and when so prepared said bonds shall be signed, 
 countersigned, endorsed, sealed, sold and delivered, all as provided with respect to the bonds 
 authorized by said section two of article sixteen, but by the respective officers in office at the 
 tiuio such acts are required to be done. In the eveut that any bonds prepared us hijrsin pro- 
 
 . < zcvUt >
 
 CONSTITUTION OP THE STATE OF CALIFORNIA. 
 
 vider! can not in the judgment of said state highway finance board be sold at the time fixed 
 for the sale thereof or thereafter, said board may withdraw said bonds from sale and direct 
 the state treasurer to cancel and destroy the same, and may at said time or thereafter, at its 
 option, direct the preparation and sale as hereinbefore provided, of the same or a different 
 number of bonds, but not to exceed in all the amount herein authorized, and at the same or a 
 different rate of interest but not to exceed six per cent per annum. All of the provisions of 
 said section two of article sixteen, except those relating to the number of the bonds therein 
 authorized, the date thereof and interest rate thereon, and except as herein otherwise provided, 
 shall apply to and govern the bonds herein authorized, the use of the proceeds therefrom, and 
 the several funds to be created and payments to be made into and out of the same, and in all 
 respects said bonds herein authorized and the moneys derived from the sale thereof shall be 
 governed and dealt with in the same manner, except as herein otherwise provided, as though 
 the bonds herein authorized were the unsold portion of the forty thousand bonds authorized 
 by said section two of article sixteen. 
 
 Section eight of the "state highways act" of 1909 as amended and approved by the electors 
 November 7, 1916, section eight of the "state highways act" of 1915, section two of article 
 sixteen of the constitution, and this section, to the extent that the provisions of any of said 
 sections require the payment into the state treasury by the several counties of sums of money 
 equal to the interest upon any money expended from the proceeds of the bonds issued under 
 said acts and constitutional provisions respectively within those counties in the construction 
 of state highways, shall on and after July 1, 1921, have no further force or effect; it being 
 the intent of this provision that on and after said date the interest upon all bonds issued by 
 the state for highway construction shall be paid exclusively by the state and that the counties 
 shall thereafter be relieved from any obligation now or heretofore imposed to pay into the state 
 treasury any money by reason of any expenditures for previous or subsequent highway construc- 
 tion in said counties; but nothing in this section contained shall be construed to exempt or 
 relieve any county from the payment into the state treasury of any money due frona it prior to 
 said date under any of said provisions of any of said sections. 
 
 All provisions of this section shall be self-executing and shall not require any legislative 
 action in furtherance thereof, but this shall not prevent such legislative action; and all 
 expenses that shall be incurred by the state treasurer in the preparation of bonds herein pro- 
 vided for and in the advertising and sale thereof and all expenses incurred by any officer in 
 reference thereto shall be paid from the general fund of the state. Nothing in this constitu- 
 tion contained, except as in this section provided, shall be a limitation upon the provisions of 
 this section. [New section adopted November 2, 1920.] 
 
 AETICLE XVIL 
 
 LAND AND HOMESTEAD EXEMPTION. 
 
 Section 1. The legislature shall protect, by law, from forced sale, a certain portion of the 
 homestead and other property of all heads of families. 
 
 Sec. 2. The holding of large tracts of land, uncultivated and unimproved, by individuals or 
 corporations, is against the public interest, and should be discouraged by all means not incon- 
 sistent with the rights of private property. 
 
 Sec. 3. Lands belonging to this state, which are suitable for cultivation, shall be granted 
 only to actual settlers, and in quantities not exceeding three hundred and twenty acres to each 
 settler, under such conditions as shall be prescribed by law. 
 
 ARTICLE XVIIL 
 
 AMENDING AND REVISING THE CONSTITUTION. 
 
 Section 1. Any amendment or amendments to this constitution may be proposed in the 
 senate or assembly, and if two-thirds of all the members elected to each of the two houses shall 
 vote in favor thereof, such proposed amendment or amendments shall be entered in their jour- 
 nals, with the yeas and nays taken thereon ; and it shall be the duty of the legislature to submit 
 such proposed amendment or amendments to the people in such manner, and at such time, and 
 after such publication as nmy be deemed expedient. Should more amendments than one be
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 Bubmitted at the same election, they shall be so prepared and distinguished, by numbers or 
 otherwise, that each can be voted on separately. If the people shall approve and ratify such 
 amendment or amendments, or any of them, by a majority of the qualified electors voting 
 thereon, such amendment or amendments shall become a part of this constitution. 
 
 Note. — Time when constitutional amendment takes effect. — "The amendment (article XIII, 
 section 14), which is by its own terms declared to be self -executing, was adopted at an elec- 
 tion held on November 8, 1910, and became a part of the organic law on that date": 166 Cal. 
 252. See also, 148 Cal. 69. 
 
 Sec. 2. Whenever two-thirds of the members elected to each branch of the legislat^iire shall 
 deem it necessary to revise this constitution, they shall recommend to the electors to vote, at 
 the next general election, for or against a convention for that purpose, and if a majority of 
 the electors voting at such election on the proposition for a convention shall vote in 
 favor thereof, the legislature shall, at its next session, provide by law for calling the same. 
 The convention shall consist of a number of delegates not to exceed that of both branches of 
 the legislature, who shall be chosen in the same manner, and have the same qualifications, as 
 members of the legislature. The delegates so elected shall meet within three months after their 
 election, at such place as the legislature may direct. At a special election to be provided for 
 by law, the constitution that may be agreed upon by such convention shall be submitted to 
 the people for their ratification or rejection, in such manner as the convention may determine. 
 The returns of such election shall, in such manner as the convention shall direct, be certified to 
 the executive of the state, who shall call to his assistance the controller, treasurer, and secre- 
 tary of state, and compare the returns so certified to him; and it shall be the duty of the 
 executive to declare, by his proclamation, such constitution aa may have been ratified by a 
 majority of all the votes cast at such special election, to be the constitution of the state of 
 California. 
 
 ARTICLE XIX. 
 
 CHINESE. 
 
 Section 1. The legislature shall prescribe all necessary regulations for the protection of 
 the state, and the counties, cities, and towns thereof, from the burdens and evils arising from 
 the presence of aliens who are or may become vagrants, paupers, mendicants, criminals, or 
 invalids afflicted with contagious or infectious diseases, and from aliens otherwise dangerous or 
 detrimental to the well-being or peace of the state, and to impose conditions upon which such 
 persons may reside in the state, and to provide the means and mode of their removal from 
 the state, upon failure or refusal to comply with such conditions; provided, that nothing con- 
 tained in this section shall be construed to impair or limit the power of the legislature to 
 pass such police laws or other regulations at it may deem necessary. 
 
 Sec. 2. No corporation now existing or hereafter formed under the laws of this state 
 shall, after the adoption of this constitution, employ, directly or indirectly, in any capacity, 
 any Chinese or Mongolian. The legislature shall pass such laws as may be necessary to enforce 
 this provision. 
 
 Note. — The provisions of this section held to be in conflict with the United States constitu- 
 tion and therefore void: In re Parrott, 1 Fed. 481. 
 
 Sec. 3. No Chinese shall be employed on any state, county, municipal, or other public 
 work, except in punishment for crime. 
 
 Sec. 4. The presence of foreigners ineligible to become citizens of the United States is 
 declared to be dangerous to the well-being of the state, and the legislature shall discourage 
 their immigration by all the means within its power. Asiatic coolieism is a form of human 
 slavery, and is forever prohibited in this state, and all contracts for coolie labor shall be void. 
 All companies or corporations, whether formed in this country or any foreign country, for the 
 importation of such labor, shall be subject to such penalties as the legislature may prescribe. 
 The legislature shall delegate all necessary power to the incorporated cities and towns of this 
 state for the removal of Chinese without the limits of such cities and towns, or for their loca- 
 tion within prescribed portions of those limits, and it shall also provide the necessary legisla- 
 tion to prohibit the introduction into this state of Chinese after the adoption of this constitu- 
 tion. This section shall be enforced by appropriate legislation.
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 AETICLE XX. 
 
 MTSCELLANEOUS SUBJECTS. 
 
 Section 1. The city of Sacramento is hereby declared to be the seat of government of 
 this state, and shall so remain until changed by law; but no law changing the seat of govern- 
 ment shall be valid or binding unless the same be approved and ratified by a majority of the 
 qualified electors of the slate voting therefor at a general state election, under such regulations 
 and provisions as the legislature, by a two-thirds vote of each house, may provide, submitting 
 the question of change to the people. 
 
 Sec. 2. Any citizen of this state who shall, after the adoption of this constitution, fight a 
 duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons 
 either within this state or out of it, or who shall act as second, or knowingly aid or assist in 
 any manner those thus offending, shall not be allowed to hold any office or profit, or to enjoy 
 the right of suffrage under this constitution. 
 
 Sec. 3. Members of the legislature, and all officers, executive and judicial, except such 
 inferior officers as may be by law exempted, shall, before they enter upon the duties of their 
 respective offices, take and subscribe the following oath or affirmation: 
 
 "I do solemnly swear (or affirm, as the case may be) that 1 will support the constitution 
 of the United States and the constitution of the state of California, and that I will faithfully 
 discharge the duties of the office of according to the best of my ability. ' ' 
 
 And no other oath, declaration, or test shall be required as a qualification for any office or 
 public trust. 
 
 Sec. 4. All officers or commissioners whose election or appointment is not provided for by 
 this constitution, and all officers or commissioners whose offices or duties may hereafter be 
 created by law, shall be elected by the people, or appointed, as the legislature may direct. 
 
 Sec. 5. The fiscal year shall commence on the first day of July. 
 
 Sec. 6. Suits may be brought against the state in such manner and in such courts as shall 
 be directed by law. 
 
 Sec. 7. No contract of marriage, if otherwise duly made, shall "be invalidated for want of 
 conformity to the requirements of any religious sect. 
 
 Sec. 8. All property, real and personal, owned by either husband or wife, before marriage, 
 and that acquired by either of them afterwards by gift, devise, or descent, shall be their 
 separate property. 
 
 Sec. 9. No perpetuities shall be allowed except for eleemosynary purposes. 
 
 Sec. 10. Every person shall be disqualified from holding any office of profit in this state 
 who shall have been convicted of having given or offered a bribe to procure his election or 
 appointment. 
 
 Sec. 11. Laws shall be made to exclude from office, serving on juries, and from the right of 
 suffrage, persons convicted of bribery, perjury, forgery, malfeasance in office, or other high 
 crimes. The privilege of free suff'rage shall be supported by laws regulating elections, and 
 prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, 
 or other improper practice. 
 
 Sec. 12. Absence from this state, on business of the state or of the United States, shall 
 not affect the question of residence of any person. 
 
 Sec. 13. A plurality of the votes given at any election shall constitute a choice where not 
 otherwise directed in this constitution; provided, that it shall be competent in all charters of 
 cities, counties or cities and counties framed under the authority of this constitution to provide 
 the manner in which their respective elective officers may be elected and to proscribe a higher 
 proportion of the vote therefor; and provided, also, that it shall be competent for the legis- 
 lature by general law to provide the manner in which officers of municipalities organized or 
 incorporated under general laws may be elected and to prescribe a higher proportion of the 
 vote therefor. [Amendment adopted October 10, 1911.] 
 
 (ci)
 
 CONSTITUTION OF TIIF. STATE OF CALIFORNIA. 
 
 Sec. 14. The legislature shall provide, by law, for the maintenance and efficiency of a state 
 board of health. 
 
 Sec. 15. Mechanics, materialmen, artisans, and laborers of every class shall have a lien 
 upon the property upon which they have bestowed labor or furnished material, for the value 
 of such labor done and material furnished; and the legislature shall provide, by law, for the 
 speedy and eflScient enforcement of such liens. 
 
 Sec. 16. When the term of any officer or commissioner is not provided for in this consti- 
 tution, the term of such officer or commissioner may be declared by law; and if not so declared, 
 such officer or commissioner shall hold his position as such officer or commissioner during the 
 pleasure of the authority making the appointment; but in no case shall such term exceed four 
 years; provided, however, that in the case of any officer or employee of any municipality gov- 
 erned under a legally adopted charter, the provisions of such charter with reference to the 
 tenure of office or the dismissal from office of any such officer or employee, shall control; and 
 provided, further, that the term of office of any person heretofore or hereafter appointed to 
 hold office or employment during good behavior under civil service laws of the state or of any 
 political division thereof shall not be limited by this section. [Amendment adopted October lO, 
 1911.] 
 
 Sec. 17. The time of service of all laborers or workmen or mechanics employed upon any 
 public works of the state of California, or of any county, city and county, city, town, district, 
 township, or any other political subdivision thereof, whether said work is done by contract or 
 otherwise, shall be limited and restricted to eight hours in any one calendar day, except in 
 cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except 
 to work upon public, military, or naval works or defenses in time of war, and the legislature 
 shall provide by law that a stipulation to this effect shall be incorporated in all contracts for 
 public work, and prescribe proper penalties for the speedy and efficient enforcement of said 
 law. [Amendment adopted November 4, 1902.] 
 
 Sec. 17 M>. The legislature may, by appropriate legislation, provide for the establishment 
 of a minimum wage for women and minors and may provide for the comfort, health, safety 
 and general welfare of any and all employees. No provision of this constitution shall be con- 
 strued as a limitation upon the authority of the legislature to confer upon any commission cow 
 or hereafter created, such power and authority as the legislature may deem requisite to cai'ry 
 out the provisions of this section. [New section adopted November 3, 1914.] . 
 
 Sec. 18. No person shall, on account of sex, be disqualified from entering upon or pursu- 
 ing any lawful business, vocation, or profession. 
 
 Sec. 19. Nothing in this constitution shall prevent the legislature from providing, by law, 
 for the payment of the expenses of the convention framing this constitution, including the 
 per diem of the delegates for the full term thereof. 
 
 Sec. 20. Elections of the officers provided by this constitution, except at the election in 
 the year eighteen hundred and seventy-nine, shall be held on the even-numbered years next 
 before the expiration of their respective terms. The terms of such officers shall commence on 
 the first Monday after the first day of January next following their election. 
 
 Sec. 21. The legislature is hereby expressly vested with plenary power, unlimited by any 
 provision of this constitution, to create and enforce a complete system of workmen's compen- 
 sation, by appropriate legislation, and in that behalf to create and enforce a liability on the 
 part of any or all persons to compensate any or all of their workmen for injury or disability, and 
 their dependents for death incurred or sustained by the said workmen in the course of their 
 employment, irrespective of the fault of any party. A complete system of workmen's compen- 
 sation includes adequate provisions for the comfort, health and safety and general welfare of 
 any and all workmen and those dependent upon them for support to the extent of relieving from 
 the consequences of any injury or death incurred or sustained by workmen in the course of 
 their employment, irrespective of the fault of any party; also full provision for securing 
 safety in places of employment; full provision for such medical, surgical, hospital and other 
 remedial treatment as is requisite to cure and relieve from the effects of such injury; a full 
 provision for adequate insurance coverage against liability to pay or furnish compensation; 
 full provision for regulating such insurance envernge in all its aspects, inchidiiig tl.j establish- 
 
 ( cii )
 
 CONSTITUTION OF THE STATE OP CALIFORNIA. 
 
 merit anc! management of a state compensation insurance fund; full provision for ottenvise 
 Becuring the payment of compensation; and full provision for vesting power, authority and 
 jurisdiction in an administrative body with all the requisite governmental functions to deter- 
 mine any dispute or matter arising under such legislation, to the end that the administration of 
 such legislation shall accomplish substantial justice in all cases expeditiously, inexpensively, and 
 without incumbrance of any character; all of which matters are expressly declared to be the 
 social public policy of this state, binding upon all departments of the state government. 
 
 The legislature is vested with plenary powers, to provide for the settlement of any disputes 
 arising under such legislation by arbitration, or by an industrial accident commission, by the 
 courts, or by either, any, or all of these agencies, either separately or in combination, and may 
 fix and control the method and manner of trial of any such dispute, the rules of evidence and 
 the manner of review of decisions rendered by the tribunal or tribunals designated by it; 
 provided, that all decisions of any such tribunal shall be subject to review by the appellate courts 
 of this state. The legislature may combine in one statute all the provisions for a complete 
 system of workmen's compensation, as herein defined. 
 
 Nothing contained herein shall be taken or construed to impair or render ineffectual in any 
 measure the creation and existence of the industrial accident commission of this state or the 
 state compensation insurance fund, the creation and existence of which, with all the functions 
 vested in them, are hereby ratified and confirmed. [Amendment adopted November 5, 1918.] 
 
 ARTICLE XXL 
 
 BOUNDARY. 
 
 Section 1. The Boundary of the state of California shall be as follows: Commencing at 
 the point of intersection of the forty-second degree of north latitude with the one hundre'l 
 and twentieth degree of longitude west from Greenwich, and running south on the line of said 
 one hundred and twentieth degree of west longitude until it intersects the thirty-ninth degree 
 of north latitude; thence running in a straight line, in a southeasterly directipn to the River 
 Colorado, at a point where it intersects the thirty-fifth degree of north latitude; hence down the 
 middle of the channel of said river to the boundary line between the United States and Mexico, 
 as established by the treaty of May thirtieth, one thousand eight hundred and forty-eight; 
 thence running west and along said boundary line to the Pacific Ocean, and extending therein 
 three English miles; thence running in a northwesterly direction and following the direction 
 of the Pacific coast to the forty-second degree of north latitude; thence on the line of said 
 forty-second degree of north latitude to the place of beginning. Also, including all the islands, 
 harbors, and bays along and adjacent to the coast. 
 
 ARTICLE XXIL 
 
 SCHEDULE. 
 
 That no inconvenience may arise from the alterations and amendments in the constitution 
 of this state, and to carry the same into complete efi"ect, it is hereby ordained and declared: 
 
 Section 1. That all laws in force at the adoption of this constitution, not inconsistent there- 
 with, shall remain in full force and effect until altered or repealed by the legislature; and all 
 rights, actions, prosecutions, claims, and contracts of the state, counties, individuals, or bodies 
 corporate, not inconsistent therewith, shall continue to be as valid as if this constitution had 
 not been adopted. The provisions of all laws which are inconsistent with this constitution 
 shall cease upon the adoption thereof, except that all laws which are inconsistent with such 
 provisions of this constitution as require legislation to enforce them shall remain in full force 
 until the first day of July, eighteen hundred and eighty, unless sooner altered or repealed by 
 the legislature. 
 
 Sec. 2. That all recognizances, obligations, and all other instruments entered into or exe- 
 cuted before the adbption of this constitution, to this state, or to any subdivision thereof, or 
 any municipality therein, and all fines, taxes, penalties, and forfeitures due or owing to this 
 state, or any subdivision or municipality thereof, and all writs, prosecutions, actions, and 
 causes of action, except as herein otherwise provided, shall continue and remain unaffected by 
 the adoption of this constitution. All indictments or informations which shall have been 
 found, or may hereafter be found, for any crime or offense committed before this constitution 
 
 ( cill )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 takes effect, may be proceeded upon as if no change had taken place, except as otherwise 
 provided in this constitution. 
 
 Sec. 3. All courts now existing, save justices' and police courts, are hereby abolished, and 
 all records, books, papers, and proceedings from such courts, as are abolished by this consti- 
 tution, shall be transferred, on the first day of January, eighteen hundred and eighty, to the 
 courts provided for in this constitution; and the courts to which the same are thus transferred 
 shall have the same power and jurisdiction over them as if they had been in the first instance 
 commenced, filed, or lodged therein. 
 
 Sec. 4. The superintendent of printing of the state of California shall, at least thirty 
 days before the fir^ t Wednesday in j\Tay, A. D. eighteen hundred and seventy-nine, cause to be 
 printed at the state printing ofiice, in pamphlet form, simply stitched, as many copies of this 
 constitution as there are registered voters in this state, and mail one copy thereof to the post- 
 office address of each registered voter; provided, any copies not called for ten days after reach- 
 ing their delivery office, shall be subject to general distribution by the several postmasters of 
 the state. The governor shall issue his proclamation, giving notice of the election for the 
 adoption or rejection of this constitution, at least thirty days before the said first Wednesday 
 of May, eighteen hundred and seventy-nine, and the boards of supervisors of the several counties 
 shall cause said proclamation to be made public in their respective counties, and general 
 notice of said election to be given at least fifteen days next before said election. 
 
 Sec. 5. The superintendent of printing of the state of California shall, at least twenty 
 days before said election, cause to be printed and delivered to the clerk of each county in 
 this state five times the number of properly prepared ballots for said election that there are 
 voters in said respective counties, with the words printed thereon: "For the New Constitution." 
 He shall likewise cause to be so printed and delivered to said clerks five times the number of 
 properly prepared ballots for said election that there are voters in said respective counties with 
 the words printed thereon: "Against the New Constitution.'' The secretary of state is 
 hereby authorized and required to furnish the superintendent of state printing a sufficient 
 quantity of legal ballot paper, now on hand, to carry out the provisions of this section. 
 
 Sec. 6. The clerks of the several counties in the state shall, at least five days before said 
 election, cause to be delivered to the inspectors of elections, at each election precinct or polling 
 place, in their respective counties, suitable registers, poll books, forms of return, and an equal 
 number of the aforesaid ballots, which number, in the aggregate, must be ten times greater 
 than the number of voters in the said election precincts or polling places. The returns of the 
 number of votes cast at the presidential election in the year eighteen hundred and seventy-six 
 shall serve as a basis of calculation for this and the preceding section ; provided, that the duties 
 in this and the preceding section imposed upon the clerks of the respective counties shall, in 
 the city and county of San Francisco, be performed by the registrar of voters, for said city 
 and county. 
 
 Sec. 7. Every citizen of the United States, entitled by law to vote for members of the 
 assembly in this state, shall be entitled to vote for the adoption or rejection of this constitution. 
 
 Sec. 8. The officers of the several counties of this state, whose duty it is, under the law, to 
 receive and canvass the returns from the several precincts of their respective counties, as well 
 as of the city and county of San Francisco, shall meet at the usual places of meeting for such 
 purposes on the first Monday after said election. If, at the time of meeting, the returns from 
 each precinct in the county in which the polls were opened have been received, the board must 
 then and there proceed to canvass the returns ; but if all the returns have not been received, the 
 canvass must be postponed from time to time until all the returns are received, or until the 
 second Monday after said election, when they shall proceed to make out returns of the votes 
 cast for and against the new constitution ; and the proceedings of said board shall be the same 
 as those prescribed for like boards in the case of an election for governor. Upon the completion 
 of said canvass and returns, the said boards shall immediately certify the same, in the usual 
 form, to the governor of the state of California. 
 
 Sec. 9. The governor of the state of California shall, as soon as the returns of said elec- 
 tion shall be received by him, or within thirty days after said election, in the presence and 
 with the assistance of the controller, treasurer, and secretary of state, open and compute 
 
 C civ )
 
 COXSTITITIOX OF THK STATE OF CALIFORNIA. 
 
 all tile returns received of votes east for and against the new constitution. If, by such exara- 
 ina.tion and computation, it is ascertained that a majority of the whole number of votes cast at 
 such election is in favor of such nerv constitution, the executive of this state shall, by his 
 proclamation, declare such new constitution to be the constitution of the state of California, 
 and that it shall take effect and be in force on the days hereinafter specified. 
 
 Sec. 10. In order that future elections in this state shall conform to the requirements of 
 this constitution, the terms of all officers elected at the first election under the same shall be, 
 respectively, one year shorter than the terms as fixed by law or by this constitution; and the 
 successors of all such officers shall be elected at the last election before the expiration of the 
 terms as in this section provided. The first officers chosen after the adoption of this constitu- 
 tion shall be elected at the time and in the manner now provided by law. Judicial officers and 
 the superintendent of public instruction shall be elected at the time and in the manner that 
 ''tate officers are elected. 
 
 Sec. 13. All laws relative to the present judicial system of the state shall be applicable to 
 the judicial system created by this constitution until changed by legislation. 
 
 Sec. 12. This constitution shall take effect and be in force on and after the fourth day of 
 July, eighteen hundred and seventy-nine, at twelve o 'clock meridian, so far as the same relates 
 to the election of all officers, the commencement of their terms of office, and the meeting of 
 the legislature. In all other respects, and for all other purposes, this constitution shall take 
 effect on the first day of January, eighteen hundred and eighty, at twelve o 'clock meridian. 
 
 ARTICLE XXIII. 
 RECALL or PUBLIC OFFICIALS. 
 
 Section 1. Every elective public officer of the state of California may be removed from office 
 at any time by the electors entitled to vote for a successor of such incumbent, through the 
 procedure and in the manner herein provided for, which procedure shall be known as the recall, 
 and is in addition to any other method of removal provided by law. 
 
 The procedure hereunder to effect the removal of an incumbent of an elective public office 
 shall be as follows: A petition signed by electors entitled to vote for a successor of the incum- 
 bent sought to be removed, equal in number to at least twelve per cent of the entire vote cast 
 at the last preceding election for all candidates for the office, which the incumbent sought to 
 be removed occupies (provided that if the officer sought to be removed is a state officer who is 
 elected in any political subdivision of the state, said petition shall be signed by electors entitled 
 to vote for a successor to the incumbent sought to be removed, equal in number to at least 
 twenty per cent of the entire vote cast at the last preceding election for all candidates for the 
 office which the incumbent sought to be removed occupies) demanding an election of a suc- 
 cessor to the officer named in said petition, shall be addressed to the secretary of state and 
 filed with the clerk, or registrar of voters of the county or city and county in which the petition 
 was circulated; provided, that if the officer sought to be removed was elected in the state at 
 large such petition shall be circulated in not less than five counties of the state, and shall be 
 signed in each of such counties by electors equal in number to not less than one per cent of the 
 entire vote cast, in each of said counties, at said election, as above estimated. Such petition 
 shall contain a general statement of the grounds on which the removal ia sought, which state- 
 ment is intended solely for the information of the electors, and the sufficiency of which shall 
 not be open to review. 
 
 When such petition is certified as is herein provided to the secretary of state, he shall forth- 
 with submit the said petition, together with a certificate of its sufficiency, to the governor, who 
 shall thereupon order and fix a date for holding the election, not less than sixty days nor more 
 than eighty days from the date of such certificate of the secretary of state. 
 
 The governor shall make or cause to be made publication of notice for the holding of such 
 election, and officers charged by law with duties concerning elections shall make all arrange- 
 ments for such election and the same shall be conducted, returned, and the result thereof 
 declared, in all respects as are other state elections. On the official ballot at such election shall 
 be printed, in not more than two hundred words, the reasons set forth in the petition for 
 demanding his recall. And in not more than throe hundred words there shall also be printed, if 
 
 <cv )
 
 CONSTITUTION OF THE STATE OF CALIFORNIA. 
 
 desired by him, the officer's justification of his course in office. Proceedings for the recall of 
 any officer shall be deemed to be pending from the date of the filing with any county, or city 
 and county clerk, or registrar of voters, of any recall petition against such officer; and if 
 such officer shall resign at any time subsequent to the filing thereof, the recall election shall 
 be held notwithstanding such resignation, and the vacancy caused by such resignation, or from 
 any other cause, shall be filled as provided by law, but the person appointed to fill such vacancy 
 shall hold his office only until the person elected at the said recall election shall qualify. 
 
 Any person may be nominated for the office which is to be filled at any recall election by a 
 petition signed by electors, qualified to vote at such recall election, equal in number to at least 
 one per cent of the total number of votes cast at the last preceding election for all candidates 
 for the office which the incumbent sought to be removed occupies. Each such nominating 
 petition shall be filed with the secretary of state not less than twenty-five days before such 
 recall election. 
 
 There shall be printed on the recall ballot, as to every officer whose recall is to be voted on 
 thereat, the following question: "Shall (name of person against whom the recall petition is 
 filed) be recalled from the office of (title of office)?", following which question shall be the 
 words "Yes" and "No" on separate lines, with a blank space at the right of each, in which 
 the voter shall indicate, by stamping a cross (X)» ^^^ ^'^*® ^^^ ^^ against such recall. On 
 such ballots, under each such question, there shall also be printed the names of those persons 
 who have been nominated as candidates to succeed the person recalled, in case he shall be 
 removed from office by said recall election; but no vote cast shall be counted for any candi- 
 date for said office unless the voter also voted on said question of the recall of the person 
 sought to be recalled from said office. The name of the person against whom the petition is 
 filed shall not appear on the ballot as a candidate for the office. If a majority of those voting 
 on said question of the recall of any incumbent from oflice shall vote "No," said incumbent 
 shall continue in said office. If a majority shall vote "Yes," said incumbent shall thereupon 
 be deemed removed from such office upon the qualification of his successor. The canvassers 
 shall canvass all votes for candidates for said office and declare the result in like manner as in a 
 regular election. If the vote at any such recall election shall recall the officer, then the candi- 
 date who has received the highest number of votes' for the office shall be thereby declared 
 elected for the remainder of the term. In case the person who received the highest number of 
 votes shall fail to qualify within ten days after receiving the certificate of election, the office 
 shall be deemed vacant and shall be filled according to law. 
 
 Any recall petition may be presented in sections, but each section shall contain a full and 
 accurate copy of the title and text of the petition. Each signer shall add to his signature his 
 place of residence, giving the street and number, if such exist. His election precinct shall 
 also appear on the paper after his name. The number of signatures appended to each section 
 shall be at the pleasure of the person soliciting signatures to the same. Any qualified elector 
 of the state shall be competent to solicit such signatures within the county, or city and county, 
 of which he is an elector. Each section of the petition shall bear the name of the county, or 
 city and county in which it is circulated, and only qualified electors of such county or city and 
 county shall be competent to sign such section. Each section shall have attached thereto the 
 affidavit of the person soliciting signatures to the same stating his qualifications and that all 
 the signatures to the attached section were made in his presence and that to the best of his 
 knowledge and belief each signature to the section is the genuine signature of the person 
 whose name it purports to be; and no other affidavit thereto shall be required. The affidavit of 
 any person soliciting signatures hereunder shall be verified free of charge by any officer author- 
 ized to administer an oath. Such petition so verified shall be prima facie evidence that the 
 signatures thereto appended are genuine and that the persons signing the same are qualified 
 electors. Unless and until it is otherwise proven upon official investigation, it shall be presumed 
 that the petition presented contains the signatures of the requisite number of electors. Each 
 section of the petition shall be filed with the clerk, or registrar of voters, of the county or city 
 and county in which it was circulated ; but all such sections circulated in any coimty or city and 
 county shall be filed at the same time. Within twenty days after the date of filing such petition, 
 the clerk, or registrar of voters, shall finally determine from the records of registration what 
 number of qualified voters have signed the same; and, if necessary, the board of supervisors 
 shall allow such clerk or registrar additional assistants for the purpose of examining such 
 
 { cvl )
 
 CONSTITUTION OF THE STATE OP CALIFORNIA. 
 
 petition and provide for their compensation. The said clerk or registrar, upon the completion 
 of such examination, shall forthwith attach to such petition his certificate, properly dated, 
 showing the result of such examination, and submit said petition, except as to the signatures 
 appended thereto, to the secretary of state and file a copy of said certificate in his oflSce. 
 Within forty days from the transmission of the said petition and certificate by the clerk or 
 registrar of voters to the secretary of state, a supplemental petition, identical with the original 
 as to the body of the petition but containing supplemental names, may be filed with the clerk 
 or registrar of voters, as aforesaid. The clerk or registrar of voters shall within ten days 
 after the filing of such supplemental petition make like examination thereof as of the original 
 petition, and upon the conclusion of such examination shall forthwith attach to such petition 
 his certificate, properly dated, showing the result of such examination, and shall forthwith 
 transmit such supplemental petition, except as to the sig-natures thereon, together with his said 
 certificate, to the secretary of state. 
 
 When the secretary of state shall have received from one or more county clerks, or registrars 
 of voters, a petition certified as herein provided to have been signed by the requisite number of 
 qualified electors, he shall forthwith transmit to the county clerk or registrar of voters of every 
 county or city and county in the state a certificate showing such fact; and such clerk or regis- 
 trar of voters shall thereupon file said certificate for record in his office. 
 
 A petition shall be deemed to be filed with the secretary of state upon the date of the receipt 
 by him of a certificate or certificates showing the said petition to be signed by the requisite 
 number of electors of the state. 
 
 No recall petition shall be circulated or filed against any officer until he has actually held his 
 office for at least six months; save and except it may be filed against any member of the state 
 legislature at any time after five days from the convening and organizing of the legislature 
 after his election. 
 
 If at any recall election the incumbent whose removal is sought is not recalled, he shall be 
 repaid from the state treasury any amount legally expended by him as expenses of such election, 
 and the legislature shall provide appropriation for such purpose, and no proceedings for another 
 recall election of said incumbent shall be initiated within six months after such election. 
 
 If the governor is sought to be removed under the provisions of this article, the duties herein 
 imposed upon him shall be performed by the lieutenant governor; and if the secretary of state 
 is sought to be removed, the duties herein imposed upon him shall be performed by the state 
 controller; and the duties herein imposed upon the clerk or registrar of voters, shall be per- 
 formed by such registrar of voters in all cases where the office of registrar of voters exists. 
 
 The recall shall also be exercised by the electors of each county, city and county, city and 
 town of the state, with reference to the elective officers thereof, under such procedure as shall be 
 provided by law. 
 
 Until otherwise provided by law, the legislative body of any such county, city and county, 
 city or town may provide for the manner of exercising such recall powers in such counties, cities 
 arid counties, cities and towns, but shall not require any such recall petition to be signed by 
 electors more in num.ber than twenty-five per cent of the entire vote cast at the last preceding 
 election for all candidates for the office which the incumbent sought to be removed occupies. 
 Nothing herein contained shall be construed as affecting or limiting the present or future 
 powers of cities or counties or cities and counties having charters adopted under the authority 
 given by the constitution. 
 
 In the submission to the electors of any petition proposed under this article all officers shall 
 be guided by the general laws of the state, except as otherwise herein provided. 
 
 This article is self -executing, but legislation may be enacted to facilitate its operation, but 
 in no way limiting or restricting the provisions of this article or the powers heroin reserved, 
 [New article; adopted October 10, 1911.] j_ p^ j^^^^^ President. 
 
 Attest: Edwin F. Smith. Secretary. 
 
 "tU >
 
 CONSTITUTION OF TUIi: STATE OF CALIFORNIA. 
 
 MEMBERS OF THE CONSTITUTIONAL CONVENTION OF 1879. 
 
 A. R. ANDREWS, 
 JAMES J. AYRES, 
 CLITUS BARBOUR, 
 EDWARD BARRY, 
 JAMES N. BARTON, 
 C. J. BEERSTECHER, 
 ISAAC S. BELCHER, 
 PETER BELL, 
 MARION BIGGS, 
 E. T. BLACKMER, 
 JO SI AH BOUCHER, 
 JOSEPH C. BROWN, 
 SAML. B. BURT, 
 JAMES CABLES, 
 AUG. H. CHAPMAN, 
 J. M. CHARLES, 
 TOHN D. CONDON, 
 C. W. GROSS, 
 HAMLET DAVIS, 
 JAS. E. DEAN, 
 P. T. DOWLING, 
 LUKE D. DOYLE, 
 W. L. DUDLEY, 
 JONATHAN M. DUDLEY, 
 PRESLEY DUNLAP, 
 JOHN A. EAGON, 
 HENRY EDGERTON, 
 THOMAS H. ESTEY, 
 M. M. ESTEE, 
 EDWARD EVEY, 
 SIMON J. FARRELL, 
 J. A. FILCER, 
 
 CONRAD HEROLD, 
 D. W. HERRINGTON, 
 S. G. HILBORN, 
 J. R. W. HITCHCOCK, 
 SAM A. HOLMES, 
 VOLNEY E. HOWARD, 
 W. J. HOWARD, 
 W. F. HUESTIS, 
 
 JAMES MARTIN PORTER, 
 WILLIAM H. PROUTY, 
 M. R. C. PULLIAM, 
 PATRICK REDDY, 
 CHAS. F. REED, 
 JAS. S. REYNOLDS, 
 JNO. M. RHODES, 
 CHAS. S. RINGGOLD, 
 
 WM. PROCTOR HUGHEY, HORACE C. ROLFE, 
 
 G. W. HUNTER, 
 DANIEL INMAN, 
 GEORGE A. JOHNSON, 
 L. F. JONES, 
 PETER J. JOYCE, 
 JOHN J. KENNY, 
 J. M. KELLEY, 
 JAMES H. KEYES, 
 C. R. KLEINE, 
 T. H. LAINE, 
 R. M. LAMPSON, 
 H. W. LARUE, 
 HENRY LARKIN, 
 DAVID LEWIS, 
 R. LAVIGNE, 
 J. F. LINDOW, 
 JNO. MANSFIELD, 
 J. WEST MARTIN, 
 EDWARD MARTIN, 
 JOHN G. McCALLUM, 
 RUSH McCOMAS, 
 THOMAS MeCONNELL, 
 
 GEO. W. SCHELL, 
 
 J. SCHOMP, 
 
 JAMES McM. SHAFTER, 
 
 RUFUS SHOEMAKER, 
 
 BENJ. SHURTLEFF, 
 
 E. 0. SMITH, 
 
 H. W. SMITH, 
 
 GEO. VENABLE SMITH, 
 
 E. P. SOULE, 
 JOHN C. STEDMAN, 
 GEO. STEELE. 
 
 D. C. STEVENSON, 
 CHAS. V. STUART, 
 W. J. SWEASEY, 
 CHARLES SWENSON, 
 R. S. SWING, 
 D. S. TERRY, 
 S. B. THOMPSON, 
 W. J. TINNIN, 
 
 F. 0. TOWNSEND, 
 P. B. TULLY, 
 
 H. K. TURNER, 
 DANIEL TUTTLE, 
 
 JOHN McCOY, 
 
 JACOB RICHARD FREUD, THOMAS B. McFARLAND, A. P. VACQUEREL, 
 ABRAHAM CLARK FREE- JOHN FLEMING McNUTT, WALTER VAN DYKE, 
 
 MAN, 
 J. B. GARVEY, 
 B. B. GLASCOCK, 
 JOSEPH C. GORMAN, 
 W. P. GRACE, 
 WILLIAM J. GRAVES, 
 V. A. GREGG, 
 JNO. S. HAGER, 
 JOHN B. HALL, 
 J. E. HALE, 
 THOMAS HARRISON, 
 JOEL A. HARVEY, 
 T. D. HEISKELL, 
 
 WM. S. MOFFATT, 
 L. D. MORSE, 
 HIRAM MILLS, 
 W. W. MORELAND, 
 JAMES E. MURPHY, 
 EDMUND NASON, 
 THORWALD 
 
 NELSON, 
 HENRY NEUNABER, 
 CHAS. C. O'DONNELL, 
 GEORGE OHLEYER, 
 JAMES 'SULLIVAN, 
 A. P. OVERTON, 
 
 WM. VAN VOORHIES, 
 JNO. WALKER, 
 HUGH WALKER, 
 BYRON WATERS, 
 J. V. WEBSTER, 
 JOSEPH R. WELLER, 
 CLAUDIUSPATRICK M. WELLIN, 
 JOHN P. WEST, 
 WM. F. WHITE, 
 JOHN T. WICKES, 
 H. C. WILSON, 
 JOS. W. WINANS, 
 N. G. WYATT. 
 
 Note. — The following were also members of the convention but did not sign the constitution, 
 being absent on the day when it was adopted : Barnes, Wm. H. L. ; Berry, J. ; Boggs, H. C. ; 
 Campbell, A., Jr.; Casserly, Eugene; Cowden, D. H.; Crouch, Robert; Faweett, Eugena; 
 Finney, Chas. G., Jr.; Miller, John F.; Noel, Alonzo E.j Wilson, Samuel M.
 
 GENEEAL LAWS 
 
 OF THE 
 
 STATE OF CALIFORNIA 
 
 ABORTIOl^. 
 
 See tit. "Advertisements.'* 
 
 ACCORD AND SATISFACTION. 
 See Kerr's Cyc. Civil Code, ^ 1521-1524. 
 
 CHAPTER 1. 
 
 ACCOUNTANCY. 
 
 References: Department of accounting, under board of control, see Kerr's Cyc. Political 
 Code, § 686. 
 
 Officers and employees of state, accounts of, see Kerr's Cyc. Political Code, § 424, 
 
 CONTENTS OF CHAPTER. 
 ACT 9. State Board of Accountancy. 
 
 STATE BOARD OP ACCOUNTANCY. 
 ACT 9 — An act to create a state board of accountancy and prescribe its powers and 
 duties; to provide for tlie examination of and issuance of certificates to qualified 
 applicants, with the designation of certified public accountant; and to provide the 
 grade of penalty for violations of the provisions hereof. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 645. Amended 
 June 16, 1913. In effect August 10, 1913. Stats. 1913, p. 949. 
 
 State board of accountancy created. 
 
 $ 1. Within thirty days after the passage of this act the governor shall appoint five 
 persons, at least three of whom shall be competent and skilled public accountants who 
 shall have been in practice as such in this state for not less than five consecutive years, 
 to constitute and serve as a state board of accountancy. The members of such board 
 shall, within thirty days after their appointment, take and subscribe to the oath of 
 office as prescribed by the Political Code, and file the same with the secretary of state. 
 They shall hold office for four years, and until their successors are appointed and 
 qualified; save and except that one of the members of the board first to be appointed 
 under this act shall hold office for one year; one for two years; one for three years, 
 and two for four years. Any vacancies that may occur, from any cause, shall be filled 
 by the governor for the unexpired term; provided, that all appointments made after 
 the first year must be made from the roll of certificates issued and on file in the office 
 of the governor. 
 Gen. Laws — 1 ( 1 )
 
 Act 9, §§ 2-3a GEIVERAL LAAVS. 3 
 
 Office, powers, and duties of board. Fees. Certificates. Reports. Examination. 
 
 $ 2. The state board of accountancy shall have its office in the city and county of 
 San Francisco, and its powers and duties shall be as follows : 
 
 1. To formulate rules for the government of the board and for the examination of 
 and granting of certificates of qualification to persons applying therefor; 
 
 2. To hold written examinations of applicants for such certificates, at least semi- 
 annually, at such places as circumstances and applications may warrant; 
 
 3. To grant certificates of qualification to such applicants as may, upon examination, 
 be found qualified in "theory of accounts," "practical accounting," "auditing," and 
 "commercial law," to practice as certified public accountants; 
 
 4. To charge and collect from all applicants such fee, not exceeding twenty-five 
 dollars, as may be necessary to meet the expenses of examination, issuance of certifi- 
 cates and conducting its office ; provided, that all such expenses, including not exceeding 
 five dollars per daj' for each member while attending the sessions of the board or con- 
 ducting examinations, must be paid from the current receipts, and no portion thereof 
 shall ever be paid from the state treasury; 
 
 5. To require the annual renewal of all such certificates, and to collect therefor a 
 renewal fee of not exceeding one dollar; 
 
 6. To revoke for cause any such certificate, after written notice to the holder, and a 
 hearing being had thereon; provided, that such revocation must receive the affirmative 
 vote of at least four members of the board; 
 
 7. To report annually to the governor, on or before the first day of December, all 
 such certificates issued or renewed, together with a detailed statement of receipts and 
 disbursements; provided, that any balance remaining in excess of the expenses incurred 
 may be retained by the board and used in defraying the future expenses thereof; 
 
 8. The board may, in its discretion, under regulations provided by its rules, waive 
 the examination of applicants possessing the qualifications mentioned in section three, 
 who shall have been for more than three years prior to the passage of this act practis- 
 ing in this state as public accountants on their own account, and who shall, in writing, 
 apply for such certificates within one j'ear thei'eafter, 
 
 Eligibility of certified public accountant. 
 
 $ 3. Any citizen of the United States, or any person who has duly declared his 
 intention of becoming such citizen, residing and doing business in this state, being over 
 the age of twenty-one years and of good moral character, may apply to the state board 
 of accountancy for examination under its rules, and for the issuance to him of a certifi- 
 cate of qualification to practise as a certified public accountant, and upon the issuance 
 and receipt of such certificate, and during the period of its existence, or of any renewal 
 thereof, he shall be styled and known as a certified public accountant or expert of 
 accounts, and no other person shall be permitted to assume and use such title or to use 
 any words, letters or figures to indicate that the person using the same is a certified 
 public accountant. 
 
 Certified accountants from other states permitted to practise. 
 
 § 3a, Any citizen of the United States, or any person who has declared his intention 
 of becoming such citizen, being over the age of twenty-one years and of good moral 
 character, who has complied with the rules and regulations of the board appertaining 
 to such cases, and who holds a valid and unrevoked certificate as a certified public 
 accountant, or the equivalent thereof, issued by or under the authority of any other 
 state of the United States, or the District of Columbia, or any territory of the United 
 States, or by or under the authority of a foreign nation, when the board shall be satis- 
 fied that their standards and requirements for a certificate as a certified public account- 
 ant are substantially equivalent to those established by the act of which this act is
 
 a ACKNOWLEDGMENTS. Act 12, §§ 1, 2 
 
 an amendment, may at the discretion of the board receive a certificate as a certified 
 public accountant, and such person may thereafter practise as a certified public 
 accountant and assume and use the name, title, and style of "certified public account- 
 ant ' ' or any abbreviation or abbreviations thereof, in the state of California ; provided, 
 however, that such other state, territory, or nation, extends similar privileges to certi- 
 fied public accountants of the state of California. [New section added June 16, 1913, 
 Stats. 1913, p. 949.] 
 
 Violation of statute a misdemeanor. 
 
 $ 4. Any violation of the provisions of this act shall be deemed a misdemeanor. 
 $ 5. This act shall take effect from and after its passage. 
 
 CHAPTER. 2. 
 ACKifOWLEDGMENTS. 
 
 CONTENTS OF CHAPTER. 
 ACT 12. Legalizing Certain Acknowledgments. 
 
 LEGALIZING CERTAIN ACKNOWLEDGMENTS. 
 ACT 12 — An act to legalize certain acknowledgments. 
 
 History: x\pproved February 25, 1897, Stats. 1897, p. 29. Prior act 
 superseded Act of March 2, 1891, Stats. 1891, p. 20. 
 
 $ 1. All acknowledgments of deeds and other instruments of writing, whereby real 
 estate, or any interest therein, is conveyed or may be affected, heretofore taken before 
 court commissioners or a county clerk, and by them or him certified in the usual form, 
 shall, from and after the passage of this act, have the same force and effect for all 
 purposes, as though such acknowledgments had been taken before and certified by a 
 clerk of a court of record, or a county recorder, or a notary public; and the record of 
 such deeds or instruments, if the same shall have been admitted to record, shall here- 
 after impart notice to the same extent as though such acknowledgments had been taken 
 before and certified by any one of the above-named officers, and said records and duly 
 certified copies thereof shall have the same effect in evidence as though said deeds or 
 instruments had been originally acknowledged and certified before and by duly author- 
 ized officers; provided, nothing in this act shall be so construed as in any manner to 
 affect the rights of any subsequent purchaser in good faith and for value. 
 
 $ 2. This act shall take effect from and after its passage. 
 
 Ackno^vIedKnients, admissibility as evl- notary making the certificate, and did not 
 
 dence. — See Kerr's Cyc. Code Civil Proce- acknowledge the instrument, and did not 
 
 dure, §§ 1948, 1951. know anything: about its delivery to the 
 
 .Same — Cortific.ife as evidence of requisite grantees, the certificate is not conclusive, 
 
 facts. — If it is in due form, and not im- and it is error to refuse to admit evidence 
 
 peached for fraud, duress or mistake, the of the facts. — Le Mesnager v. Hamilton, 101 
 
 certificate of acknowledgment of a married Cal. 532-534, 40 Am. St. Rep. 81, 35 Pac. 1054. 
 woman is conclusive of the facts stated Same — Same. — When a married woman 
 
 therein, and can not be impeached by evi- whose acknowledgment to a mortgage is es- 
 
 dence or findings that it was taken over the sential to its validity, never in fact appeared 
 
 telephone, the married woman being at the before the notary certifying to her ac- 
 
 time three miles distant from the notary. — knowledgment, did not acknowledge the 
 
 Banning v. Banning, 80 Cal. 271, 13 Am. St. mortgage, and did not know anything about 
 
 Rep. 156, 22 Pac. 210; cited in Langenbeck v. its delivery, the certificate is not conclu- 
 
 Lewis, 140 Cal. 406, 409, 73 Pac. 1086. sive, it may be impeached by parol evidence. 
 
 See, also, De Arnaz v. Escandon, 59 Cal. and is a mere fabrication and is void. Le 
 
 486. Mesnager v. Hamilton, 101 Cal. 632-534, 40 
 
 Same — Certilieatc when not conclusive. — Am. St. Rep. 81, 35 Pac. 1054. 
 When a married woman, whose acknowledg- Acknowledermont of articles of incorpora- 
 
 ment to a mortgage appears in the certifi- tlon. — See Kerrs Cyc. Civil Code, SS 292, 605, 
 
 cale, never in fact appeared before the 653o, 653v.
 
 Act 25, 8§ 1, a GEINERAL LAWS. 4 
 
 Acknowledgment by attorney In fact. — ment. — See Kerr's Cyc. Code Civil Proce- 
 
 See Kerr's Cyc. Civil Code, §§ 1192-1193. dure, § 675. 
 
 Ackno^Tledgment by court commissioners. AcknoTiledgment of ^vills and other w^rit- 
 
 — See Kerr's Cyc. Code Civil Procedure, ings. — See Kerr's Cyc. Code Civil Procedure, 
 
 I 259. § 1948. 
 
 AcknoTt-ledg^ments by commissioner of Correction of acknoivledgments. — See 
 
 deeds. — See Kerr's Cyc. Political Code, §§ 812, Kerr's Cyc. Civil Code, § 1202. 
 813. Curing defective acknowledgrments, — See 
 
 Acknowledgment by convicts. — See Kerr's Kerr's Cyc. Civil Code, § 1207. 
 Cyc. Penal Code, § 675. Foreign acknowledgments. — See Kerr's 
 
 Acknowledgment, false personation In Cyc. Civil Code, §§ 1182, 1183, 1189. 
 making. — See Kerr's Cyc. Penal Code, § 529. I/egalizing acknofvledgments taken before 
 
 Acknowledgments relating to homesteads. recorders. — Stats. 1852, p. 166. 
 — See Kerr's Cyc. Civil Code, §§ 1242, 1243, Legaliieing acknowledgments taken before 
 
 1244, 1262, 1266. deputy recorders. — Stats. 1859, p. 212. 
 
 Acknowledgment by justice of the peace. Legalizing acknowledgrmento of married 
 
 — See Kerr's Cyc. Code Civil Procedure, § 179. women taken before county clerks. — Stats. 
 
 Acknowledgments by superior judge. — See 1867-8, p. 203. 
 Kerr's Cyc. Code Civil Procedure, § 179. I^egaliziug certain acknowledgments re- 
 Acknowledgment by justices of the sn- quired by the Act of 1866, formation of 
 preme court. — See Kerr's Cyc. Code Civil boards of trade, chambers of commerce, etc. 
 Procedure, § 179. — Stats. 1885, p. 55. 
 
 Acknowledgments by police judges. — See Power of attorney to execute mortgage. — 
 
 Kerr's Cyc. Code Civil Procedure, § 179. See Kerr's Cyc. Civil Code, § 2933. 
 
 Acknowledgment of married woman, form Proof and acknowledgment of instruments 
 
 of. — See Kerr's Cyc. Civil Code, §§ 1093, 1187. in general. — See Kerr's Cyc. Civil Code, 
 
 Acknowledgment of mortgages. — See S§ 1180, et seq. 
 Kerr's Cyc. Civil Code, § £952. Validation of acknowledgments of state 
 
 Acknowledgment of satisfaction of judg- prisoners, with witnesses. — Stats. 1862, p. 496. 
 
 ACTIONS AGAINST STATE. 
 
 See tit. "State." 
 
 ADOPTION. 
 See Kerr's Cyc. Civil Code, $$221, et seq. 
 
 CHAPTER 3. 
 
 ADULTERATION. 
 References: See tits. "Butter"; "Cheese"; "Dairies." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 25. Food and Drug Adulteration. 
 
 26. Food and Liquor Act. 
 
 27. Drug Act. 
 
 29. Paints, Oils, Varnishes, and Pigments. 
 
 36. Dairy Products. 
 
 38. Honey. 
 
 39. Syrup. 
 
 41. Analysis for Adulteration. 
 45. Insecticide and Fungicide Act. 
 
 FOOD AND DRUG ADULTERATION. 
 
 ACT 25 — An act to provide against the adulteration of food and dmgs. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 7L 
 Adulterated drugs or food. 
 
 $ 1. No person shall, within this state, manufacture for sale, offer for sale, or sell 
 any drug or article of food which is adulterated within the meaning of this act. 
 
 "Drug" defined. "Food" defined. 
 
 $ 2. The term "drug," as used in this act, shall include all medicine for internal or 
 external use, antiseptics, disinfectants, and cosmetics. The term "food," as used
 
 6 aOT/LTERATIOIV. Act 25, §8 3-0 
 
 herein, shall include all articles used for food or drink by man, whether simple, mixed, 
 or compound. 
 
 Drug adulteration defined. Food adulteration defined. Exceptions. 
 
 § 3. Any article shall be deemed to be adulterated within the meaning of this act: 
 
 (a) In the case of drugs: (1) If, when sold under or by a name recognized in the 
 United States Pharmacopoeia, it differs from the standard of strength, quality, or pur- 
 ity laid down therein. (2) If, when sold under or by a name not recognized in the 
 United States Pharmacopoeia, but in which is found in some other pharmacopoeia oi 
 other standard work on materia medica, it differs materially from the standard of 
 strength, quality, or purity laid down in such work. (3) If its strength, quality, or 
 purity falls below the professed standard under which it is sold. 
 
 (b) In the case of food: (1) If any substance or substances have been mixed with 
 it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity. 
 (2) If any inferior or cheaper substance or substances have been substituted wholly 
 or in part for it. (3) If any valuable or necessary constituent or ingredient has been 
 wholly or in part abstracted from it. (4) If it is an imitation of, or is sold under the 
 name of, another article. (5) If it consists wholly, or in part, of a diseased, decom- 
 posed, putrid, infected, tainted, or rotten animal or vegetable substance or article, 
 whether manufactured or not ; or in the case of milk, if it is the produce of a diseased 
 animal. (6) If it is colored, coated, polished, or powdered, whereby damage or inferi- 
 ority is concealed, or if by any means it is made to appear better or of greater value 
 than it really is. (7) If it contains any added substance or ingredient which is poison- 
 ous or injurious to health. 
 
 Proviso. 
 
 Provided, that the provisions of this act shall not apply to mixtures or compounds 
 recognized as ordinary articles or ingredients of articles of food, if each and every 
 package sold or offered for sale be distinctly labeled as mixtures or compounds, with 
 the name and percent of each ingredient therein, and are not injurious to health. 
 
 Must furnish samples for analysis. 
 
 $ 4. Every person manufacturing, exposing or offering for sale, or delivering to a 
 purchaser, any drug or article of food included in the provisions of this act, shall fur- 
 nish to any person interested, or demanding the same, who shall apj^ly to him for the 
 purpose, and shall tender him the value of the same, a sample suflSeient for the analysis 
 of any such drug or article or food which is in his possession. 
 
 Penalty. 
 
 $ 5. Whoever refuses to comply, upon demand, with the requirements of section 
 four, and whoever violates any of the provisions of this act. shall be guilty of a misde- 
 meanor, and shall be fined not exceeding one hundred nor less than twenty-five dollars, 
 or imprisoned in the county jail not exceeding one hundred nor less than thirty days, 
 or both. And any person found guilty of manufacturing, offering for sale, or selling, 
 an adulterated article of food or drug under the provisions of this act shall be adjudged 
 to pay, in addition to the penalties hereinbefore provided for, all the necessary costs 
 and expenses incurred in inspecting and analyzing such adulterated articles of which 
 said person may have been found guilty of manufacturing, selling, or offering for sale. 
 
 Act takes effect when. 
 
 § 6. This act shall be in force and take effect from and after its passage. 
 
 Adulteration of dairy products. — See, post, Analysis to determine adulteration. — See, 
 
 Act 36. post, Act. 41. 
 
 AiIiiHeration of particular food* and other Codiiieil and NU|ierNC(!i-(I. — Sections 1, 2. 
 
 prrdnt'ts. — See particular title. and 3, witli the excei'iion vt V.-.c proviso of
 
 Act 26, § 1 GENERAL LAW^S. t 
 
 section 3, were codified by section 383, Pe- or drugs, after they have become a part of 
 
 nal Code. — See Kerr's Cyc. Penal Code, § 383. the local retail commerce. — Cleveland, etc.. 
 
 Aside from this the act is believed to have Co. v. State Board of Health, 256 Cal. 376. 
 
 been entirely superseded by later acts. — See Constitutionality of statute making pos- 
 
 Acts 26, 27. session of criminal. — See note, 51 Am. Rep. 
 
 Constitutionality — Delegration of legisla- 347, 
 
 tive poTver. — It vs^as perfectly competent for For comparison, see Kerr's Cyc. Penal 
 
 the California food and drug act to adopt Code, § 382. 
 
 as a standard of purity for the enforcement Imitation butter, or oleomargrarlne. — See, 
 
 of its regulations the determinations of the post, tits. "Butter," "Dairies." 
 
 U. S. Department of Agriculture, and such Liability for selling noxious and unwhole- 
 
 enactment involves no obnoxious delegation some foods and drugs. — See note, 73 Am. 
 
 of legislative power. — Cleveland, etc., Co. v. Dec. 165. 
 
 State Board of Health, 256 Fed. 376. Manufacture, sale and transportation of 
 
 Same— Goods In interstate commerce. — adulterated foods and liquors. — See, post. 
 
 Food or drugs, shipped in interstate com- Act 26. 
 
 merce, are removed from the domain of in- Manufacture, sale or transportation of 
 
 terstate commerce, and are subject to the adulterated drnss. — See, post. Act. 27. 
 
 provisions of the state food and drugs act. Power of state to regulate and prohibit 
 
 when they are sold by a wholesaler to a re- the manufacture and sale of. — See note, 10 
 
 tailer, in the state, and placed on sale to Am. St. Rep. 423. 
 
 consumers. — Cleveland, etc., Co. v. State Power of state to prevent Importation and 
 
 Board of Health, 256 Fed. 376. sale. — See note, 90 Am. St. Rep. 607. 
 
 Same — The federal food and drugs act Povrer of state to establish a standard. — 
 
 does not prevent the state from prohibiting See note, 41 L. R. A. (N. S.) 149. 
 the adulteration and misbranding of food 
 
 FOOD AND LIQUOR ACT. 
 
 ACT 26 — An act for preventing the manufacture, sale or transportation of adulterated, 
 mislabeled or misbranded foods and liquors and regulating the traffic therein, provid- 
 ing penalties, establishing a state laboratory for foods, liquors and drugs and making 
 an appropriation therefor. 
 
 History: Approved March 11, 1907, Stats. 1907, p. 208. Amended 
 February 22, 1909, Stats. 1909, p. 51; March 13, 1909, Stats. 1909, 
 p. 353; April 26, 1911, Stats. 1911, p. 1114; April 23, 1915, Stats. 1915, 
 p. 170; June 1, 1917, Stats. 1917, p. 1641; April 30, 1919, Stats. 1919, 
 p. 241. 
 
 Manufacture and sale of adulterated food prohibited. 
 
 $ 1. The manufacture, production, preparation, compounding, packing, selling, offer- 
 ing for sale or keeping for sale within the state of California, or the introduction into 
 this state from any other state, territory, or the District of Columbia, or from any 
 foreign country, of any article of food or liquor which is adulterated, mislabeled or 
 misbrauded within the meaning of this act is herebj' prohibited. Any person, firm, 
 company, or corporation who shall import or receive from any other state or territory 
 or the District of Columbia or from any foreign country, or who having so received 
 shall deliver for pay or otherwise, or offer to deliver to any other person, any article of 
 food or liquor adulterated, mislabeled or misbranded within the meaning of this act, or 
 any person who shall manufacture or produce, prepare or compound, or pack or sell, 
 or offer for sale, or keep for sale, in the state of California any such adulterated, mis- 
 labeled or misbranded food, or liquor shall be guilty of a misdemeanor, provided that 
 no article of food shall be deemed adulterated, mislabeled or misbranded within the 
 provisions of this act, when prepared for export beyond the jurisdiction of the United 
 States and prepared or packed according to specifications or directions of the foreign 
 purchaser, when no substance is used in the ^preparation or packing thereof in conflict 
 with the laws of the foreign country to which said article is intended to be shipped; 
 but if such foods shall be in fact sold, or kept or offered for sale for domestic uses and 
 consumption, then this proviso shall not exempt said article from the operation of any 
 provisions of this act.
 
 7 ADULTERATION, Act 26, §§ 2-5 
 
 Definition of term "food." 
 
 $ 2. The term "food" as used in this act shall include all articles used for food, 
 drink, liquor, confectionery or condiment by man or other animals, whether simple, 
 mixed or compound. 
 
 Standard of purity. 
 
 § 3. The standard of purity of food and liquor shall be that published in circular 
 number nineteen, the food inspection decisions and the service and regulatory 
 announcements of the bureau of chemistry of the United States department of agricul 
 ture. Nothing in this section contained shall authorize or permit any adulteration of 
 any food or liquor because the standard of purity of such food or liquor shall not be 
 proclaimed by the secretary of the United States department of agriculture. [Amend- 
 ment of April 30, 1919. In effect July 22, 1919. Stats. 1919, p. 241.] 
 
 This section was also amended June 1. 1917, Stats. 1917, p. 1641. 
 
 What constitutes adulteration of food. 
 
 $ 4. Food shall be deemed adulterated within the meaning of this act, in any of the 
 following cases: 
 
 First: If any substance has been mixed or packed, or mixed and packed with the 
 food so as to reduce or lower or injuriously affect its quality, purity, strength, or food 
 value. 
 
 Second: If any substance has been substituted wholly or in part for the article of 
 food. 
 
 Third: If any essential or any valuable constituent or ingredient of the article of 
 food has been wholly or in part abstracted. 
 
 Fourth : If it be mixed, colored, powdered, coated or stained in any manner whereby 
 damage or inferiority is concealed. 
 
 Fifth : If it contain any added poisonous or other added deleterious ingredient. 
 
 Sixth : If it consists in whole or in part of a filthy, decomposed or putrid animal or 
 vegetable substance, or any portion of an animal or vegetable unfit for food whether 
 manufactured or not, or if it is the product of a diseased animal or one that has died 
 otherwise than by slaughter; provided that an article of liquor shall not be deemed 
 adulterated, mislabeled or misbranded if it be blended or mixed with like substances so 
 as not to injuriously reduce or injuriously lower or injuriously affect its quality, purity 
 or strength. 
 
 Seventh : In the case of confectionery : If it contains terra-alba, barytes, talc, chrome 
 yellow, or other mineral substance or poisonous color or flavor, or other ingredient 
 deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or 
 compound or narcotic drug. 
 
 Eighth: In the case of vinegar: If it be artificially colored. 
 
 Ninth: If it does not conform to the standard of purity therefor as proclaimed by 
 the secretary of the United States department of agriculture. [Amendment of 
 March 13, 1909 ; Stats. 1909, p. 353.] 
 
 To what the term "misbranded" applies. 
 
 $ 5. That the term "misbranded" as used herein shall apply to all articles of food, 
 or articles which enter into the composition of food, the package or label of which 
 shall bear any statement, design or device regarding such article, or the ingredients or 
 substances contained therein which shall be false or misleading in any particular, and 
 to any food product which is falsely branded as to the county, city and county, city, 
 town, state, territory, District of Columbia or foreign country in which it is manufac- 
 tured, or produced.
 
 4ct26, §§6-9 GBNISRAL LAW'S. 8 
 
 Food, misla'beled or misbranded, what shall be deemed as. 
 
 $ 6. Food and liquoi* shall be deemed mislabeled or misbranded within the meaning 
 of this act in any of the following cases : 
 
 First — If it be an imitation of or offered for sale under, the distinctive name of 
 another article of food. 
 
 Second — If it be labeled or branded or colored so as to deceive or mislead, or tend 
 to deceive or mislead the purchaser; or if it be falsely labeled in any respect, or if it 
 purport to be a foreign product tend to mislead the purchaser, or purport to be a for- 
 eign product when not so, or if the contents of the package as originally put up shall 
 have been removed, in whole or in part, and other contents shall have been placed in 
 such package. 
 
 Third — If in package form, and the contents are stated in terms of weight or 
 measure, they are not plainly and correctly stated on the outside of the package. 
 
 Fourth — If the package containing it or its label shall bear any statement, design or 
 device regarding the ingredients or the substance contained therein, which statement, 
 design or device shall be false or misleading in any particular. 
 
 Fifth — When any package bears the name of the manufacturers, jobbers or sellers, 
 or the grade or the class of the product, it must bear the name of the real manufac- 
 turers, jobbers or sellers and the true grade or class of the product, the same to be 
 expressed in clear and distinct English M'ords in legible type; provided, that an article 
 of food shall not be deemed misbranded, if it be a Avell-known food product of a nature, 
 quality and ajipearance, and so exposed to public inspection as not to deceive or mis- 
 lead nor tend to deceive or mislead a purchaser, and not misbranded and not of the 
 character included within the definitions one to four of this section. 
 
 Sixth — If, having no label, it is an imitation or adulteration, or is sold or offered 
 for sale under a name, designation, description or representation which is false or 
 misleading in any particular whatever; and in case of eggs and poultry: if they have 
 been kept or packed in cold storage, or otherwise preserved, they must be so indicated 
 by written or printed label or placard plainly designating such fact when offered or 
 exposed for sale. [Amendment of February 22, 1909; Stats. 1909, p. 51.] 
 
 Definition of the term "package." 
 
 $ 7. The term "package" as used in this act shall be construed to include any phial, 
 bottle, jar, demijohn, carton, bag, case, can, box or barrel or any receptacle, vessel or 
 container of whatsoever material or nature which may be used by a manufacturer, 
 producer, jobber, packer or dealer, for inclosing any article of food. 
 
 Possession of adulterated food. 
 
 § 8. The possession of any adulterated, mislabeled or misbranded article of food or 
 liquor by any manufacturer, producer, jobber, packer, or dealer in food, or broker, 
 commission merchant, agent, employee or servant of any such manufacturer, producer, 
 jobber, packer, or dealer, shall be prima facie evidence of the violation of this act. 
 
 State laboratory established. Director of laboratory. Salary. Clerical assistants. 
 
 $ 9. For the purpose of this act there is hereby established a state laboratory for 
 the analysis and examination of foods and drugs, which shall be under the supervision 
 of the state board of health, which laboratory shall be located at such place as the 
 state board of health may select. The state board of health shall appoint a director 
 of said laboratory, consulting nutrition expert, and an assistant to such director, all 
 of whom shall be skilled pharmaceutical chemists and analysts of foods and drugs. 
 Said director shall perform all duties required by this act and which shall be required 
 by the state board of health. Said consulting nutrition expert shall at all times be 
 ready for consultation with, give advice to, and perform duties in connection with the
 
 ADVLTERATIOiV. Act 26, §§ 10^13 
 
 director of said laboratory, and shall at all times be under the supervision of and per- 
 form such duties under this act as are required by the state board of health. As a 
 part of his duties he shall consult and advise with the state board of control concern- 
 ing standards of purity and other matters relating to foods and drugs purchased by 
 the state of California for any or all of its institutions. The assistant shall be under 
 the supervision of the director and shall perform all duties required of him by the 
 director and by the state board of health. 
 
 The director shall receive an annual salary of three thousand six hundred dollars, 
 the consulting nutrition expert shall receive an annual salary of one thousand two hun- 
 dred dollars and the assistant to the director shall receive an annual salary of one 
 thousand eight hundred dollars. All such salaries shall be paid in the same manner 
 and at the same time as the salaries of state officers. 
 
 The state board of health, out of the appropriation hereinafter provided, and out of 
 the funds derived from the operation of this act, may employ and fix the compensation 
 of other and additional clerical and professional assistants. [Amendment of June 1, 
 1917. In effect July 31, 1917. Stats. 1917, p. 1641.] 
 
 This section was also amended April 23, 1915, Stats. 1915, p. 171. 
 
 Suspected food to be analyzed. Duty of sheriffs. Powers of inspectors. 
 
 ^ 10. The state board of health or its secretary, shall cause to be made by the said 
 director of the state laboratory, or under his supervision, examinations and analyses 
 of food and liquor on sale in California, suspected of being adulterated, mislabeled or 
 misbranded at such times and places and to such extent as said board or its secretary 
 may determine, and may appoint such agent or agents, as it may deem necessary, and 
 the sheriffs of the respective counties of the state are hereby appointed and consti- 
 tuted agents for the enforcement of this act, and any agent or sheriff shall have free 
 access, at all reasonable hours, for the purpose of examining auy place where it is 
 suspected that any article of adulterated, mislabeled or misbranded foods exist, and 
 such agent or sheriff upon tendering the market price of said articles, if a sale be 
 refused, may take, from any person, firm or corporation samples of any articles sus- 
 pected of being adulterated, mislabeled or misbranded, and shall deliver or forward 
 such samples to the said director of the state laboratory for examination and analysis. 
 The director of the state laboratory, the agents and inspectors of the state board of 
 health shall have the same powers as are possessed by peace officers in this state. 
 [Amendment of June 1, 1917. In effect July 31, 1917. Stats. 1917, p. 1642.] 
 
 Evidence to be reported to district attorney. 
 
 § 11. It shall be the duty of the state board of health whenever it has satisfactory 
 evidence of the violation of any of the provisions of this act respecting the adulteration 
 or misbranding of foods to report such facts to the district attorney of the county 
 where the law is violated, after the hearing provided in section sixteen of this act. 
 
 Unlawful to conceal food. 
 
 $ 12. It shall be a misdemeanor for any person to refuse to sell to any sheriff or 
 other agent of the state board of health, any sample of food or liquor upon tender of 
 the market price therefor, or to conceal any such food from such officer, or to withhold 
 from him information where such food is kept or stored. Any such person so refusing 
 to sell, or concealing such food, or withholding such information from said officer shall, 
 upon conviction, be punished as provided in section nineteen of the Penal Code of the 
 state of California. 
 
 Report to state board of health. 
 
 § 13. Whenever said director shall find from his examination and analysis that 
 adulterated, mislabeled or misbranded food has been on sale in this state, he shall 
 forthwith report to the secretary of the state board of health.
 
 Aft 20, §§ 14-18 GENERAL, LAWS. 10 
 
 Certificate of director. 
 
 § 14, Every certificate signed by the said director of the state laboratory shall be 
 prima facie evidence of the facts therein stated. 
 
 Annual report of director of state laboratory. 
 
 § 15. The said director of the state laboratory shall make an annual report to the 
 state board of health, on or before August first of each year, upon adulterated or mis- 
 branded foods and liquors, in which report shall be included the list of cases examined 
 by him in which adulterants were found, and the list of articles found mislabeled or 
 misbranded, and the names of the manufacturers, producers, jobbers and sellers. Said 
 report, or any part thereof, may, in the discretion of the state board of health, be 
 included in the report which the state board of health is already authorized bj^ law to 
 make to the governor. The state board of health may, in its discretion publish any 
 part of said report in any issue of its monthly bulletin. 
 
 Hearings for violation of act. Conduct of hearings, 
 
 $ 16. When an examination or analysis of the directors of the state laboratory 
 shows that any provisions of this act have been violated, notice of that fact, together 
 with a copy of the certificate of the findings, shall be furnished to the party or parties 
 from whom the sample was obtained, or who executed the guarantee, as provided in 
 this act, and a day shall be fixed by the secretary of the state board of health, at 
 which said parties may be heard before the state board of health, or before any two 
 members thereof and the secretary. The hearing shall be held at such place as the state 
 board of health or its secretary may designate, and at least fifteen days notice thereof 
 shall be served upon the party complained of. These hearings shall be private and 
 confined to questions of fact. Parties interested therein may appear in person or by 
 attorney and may propound interrogatories and submit oral or written evidence to 
 show any fault or error in the findings made by the director of the state laboratory. 
 If the examination or analysis be found correct, or if the party or parties fail to 
 appear at such hearing, after notice duly given as provided herein, the secretary of 
 the state board of health shall forthwith transmit a certificate of the facts so found 
 to the district attorney of the county in which said adulterated, mislabeled or mis- 
 branded food was found. No publication as in this act provided shall be made until 
 after said hearing is concluded. [Amendment of April 30, 1919. In effect July 22, 
 1919, Stats. 1919, p. 241.] 
 
 Sheriff to purchase samples of alleged adulterated food. 
 
 § 17. It is hereby made the duty of the sheriff of any county of this state, on pres- 
 entation to him of a verified complaint of the violation of any provisions of this act, at 
 once to obtain by purchase a sample of the adulterated, mislabeled or misbranded food 
 complained of, and divide said article into three parts, and each part shall be sealed by 
 the sheriff with a seal provided for that purpose. If the package be less than four 
 pounds or in volume less than two quarts, three packages of ai^proximately the same 
 size shall be purchased and the marks and tags upon each package noted as above. 
 One sample shall be delivered to the party from whom procured, or to the party guar- 
 anteeing such merchandise, one sample shall be sent to the director of the state labora- 
 tory and the third sample shall be sent to and held under seal by the state board of 
 health. 
 
 Fees of sheriff. 
 
 § 18. For his services hereunder the said sheriff shall be allowed the same fees for 
 travel allowed by law to sheriffs on service of criminal process, together with such 
 compensation as by the board of supervisors of his county may be deemed reasonable, 
 and all amounts expended by him in procuring and transmitting the said samples.
 
 11 ADULTERATION. Act 26, §g 19-23 
 
 which fees and amount expended shall be audited and allowed by the said supervisors 
 and paid by his said county as other bills of said sheriff. 
 
 Duty of district attorney. 
 
 ^ 19. It shall be the duty of the district attorney of each county to prosecute all 
 violations of the provisions of this act occurring within his county. 
 
 Penalty. Adulterated food seized. Adulterated food destroyed. 
 
 § 20. Any person, firm, company or corporation violating any of the provisions of 
 this act shall be guilty of a misdemeanor, and upon conviction shall be punished by 
 a fine of not less than five dollars nor more than five hundred dollars, or shall be 
 imprisoned in the county jail for a term not exceeding six months, or by both such fine 
 and imprisonment. Whenever the director of the state laboratory shall find after 
 investigation and examination that any article of food found in the possession of any 
 person, firm, company or corporation is adulterated, misbranded or mislabeled within 
 the meaning of this act, he may seize such article of food and tag the same "quaran- 
 tined," and said article of food shall not thereafter be sold, offered for sale, removed 
 or otherwise disposed of pending hearing and final disposition as in this act provided. 
 
 Whenever the director of the state laboratory or any agent or inspector of the state 
 board of health shall find any article of food adulterated within the meaning of the 
 sixth subdivision of section four of this act, he may seize such article of food and tag 
 the same "quarantined" and said article of food shall not thereafter be sold, offered 
 for sale, removed or otherwise disposed of until further notice in writing from said 
 director of the state laboratory. Food found to be adulterated, mislabeled, or mis- 
 branded within the meaning of this act may, by order of any court or judge, be seized 
 and destroyed. [Amendment of June 1, 1917. In effect July 31, 1917. Stats. 1917, 
 p. 1642.] 
 
 This section was also amended April 26, 1911, Stats. 1911, p. 1114. 
 
 Disposition of fines. 
 
 § 21. One half of all fines collected by any court or judge, for the violations of the 
 provisions of this act shall be paid to the state treasurer and the state treasurer shall 
 deposit such money to the credit of the fund for the maintenance of the state labora- 
 tory, to be drawn against by warrants of the state controller upon claims which shall 
 be approved by the state board of health and by the state board of examiners. 
 
 Dealer may establish guaranty. General guaranty. Special guaranty. When whole- 
 salers are without state. 
 
 § 22. No dealer shall be prosecuted under the provisions of this act when he can 
 establish a guaranty signed by the wholesaler, jobber, manufacturer or other party 
 residing in the United States from whom he purchased such article, to the effect that 
 the same is not adulterated, mislabeled or misbranded within the meaning of this act, 
 and can also establish by satisfactory evidence that the article sold by him was mis- 
 labeled and that at the time of making such sale he was not aware of that fact; such 
 guaranty may be either general or special. A general guaranty shall guarantee with- 
 out condition or restriction all of the products or articles produced, prepared, com- 
 pounded, packed, distributed, or sold by the guarantor as not adulterated within the 
 meaning of this act. A special guaranty shall guarantee in the same manner the par- 
 ticular articles listed in an invoice of the same, and shall be attached to or shall fully 
 identify sucli invoice. Both said guaranties to afford protection must contain the 
 name and address of the party or parties making the sales of such article to said 
 dealer. If the guaranty be to the effect that such article is not adulterated, mislabeled 
 or misbranded within the meaning of the national pure food act, approved .Tune 30, 
 190G, it shall be sufficient for the purposes of this act and have the same force and
 
 Act 27 GENERAL LAWS, 13 
 
 effect as though it referred to this act, except that a guaranty referring to the said 
 national pure food act alone shall not be sufficient for the purposes of this act in any 
 case where at any time the standard for the article concerned under this act is higher 
 than the standard for a like article under said national pure food act. In case the 
 wholesaler, jobber, manufacturer or other party making such guaranty to said dealer 
 resides without this state and it appears from the certificate of the director of the 
 state laboratory that such article or articles were adulterated, mislabeled or misbranded, 
 within the meaning of this act or the national pure food act approved June 30, 1906, 
 the district attorney must forthwith notify the attorney general of the United States 
 of such violation. [Amendment of April 23, 1915. In effect — See $ 3 of amending act. 
 Stats. 1915, p. 171.] 
 
 This section was also amended April 26, 1911, Stats. 1911, p. 1114. 
 
 Appropriation. 
 
 § 23. The sum of twenty thousand dollars ($20,000.00) is hereby appropriated out 
 of any money in the state treasury not otherwise appropriated for the purchase 
 of equipment, apparatus, chemicals and supplies of said laboratory and of the office 
 expenses, in connection with the same and for the compensation of additional assistants 
 and other necessary help. The state controller is hereby authorized to draw his war- 
 rants for the sums herein appropriated in favor of the secretary of the state board of 
 health and the state treasurer is hereby directed to pay the same. 
 
 Act prohibits manufacture after what date. 
 
 § 24, No article of food as herein defined shall be manufactured or produced in 
 violation of this act from and after the first day of July, nineteen hundred and seven. 
 
 Repeal of conflicting acts. 
 
 $ 25. All acts and parts of acts in conflict or inconsistent with this act are hereby 
 repealed. 
 
 Act takes effect when. 
 
 $ 26. This act shall be in force and effect from and after the first day of January, 
 nineteen hundred and eight. 
 
 The amending act of 1915 contained the following section: 
 
 Provisions in effect, when. 
 
 $ 3. The provisions of section two of this act shall be in force and effect from and 
 after May 1, 1916; provided, that as to products packed and labeled prior to May 1, 
 1916, in accordance with said national pure food act, and with the regulations there- 
 under in force prior to May 5, 1914, the provisions of section two of this act shall be 
 in force and effect from and after November 1, 1916. 
 
 For comparison, see Kerr's Cyc. Penal other products, and other crimes relating to 
 
 Code, § 382. the preservation of the public health and 
 
 Adulteration of dairy products. — See, post, safety. — See Kerr's Cyc. Penal Code, §§ 382, 
 
 Act 36. et seq. 
 
 Adulteration of particular foods and other State board of health, duties of, as to pre- 
 
 products. — See particular title. vention and detection of adulteration of 
 
 Manufacture, sale and transportation of food and other products. — See Kerr's Cyc. 
 
 adulterated drugs. — See, post, Act 27. Political Code, § 2979. 
 
 Punishment of adulteration of food and 
 
 DRUG ACT. 
 ACT 27 — An act for the prevention of the manufacture, sale or transportation of 
 adulterated, mislabeled or misbranded drugs, regulating the traffic in drugs and 
 providing penalties for violation thereof. 
 
 History: Approved March 11, 1907, Stats. 1907. p. 230. Amended 
 June 13, 1913, Stats. 1913, p. 767; April 23, 1915, Stats. 1915, p. 172.
 
 13 ADULTERATION. Act 27, g§ 1-S 
 
 Sale of adulterated drugs prohibited. Goods intended for export. 
 
 $ 1. The manufacture, production, preparation, compounding, packing, selling, offer- 
 ing for sale or keeping for sale within the state of California, or the introduction into 
 this state from any other state, territory, or the District of Columbia, or from any for- 
 eign country, of any drug which is adulterated, mislabeled or misbranded within the 
 meaning of this act is hereby prohibited. Any person, firm, company, or corporation 
 who shall import or receive from any other state or territory or the District of Colum- 
 bia or from any foreign country, or who having so received shall deliver for pay or 
 otherwise, or offer to deliver to any other person, any drug adulterated, mislabeled or 
 misbranded within the meaning of this act, or any person who shall manufacture 
 or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale, in 
 the state of California, any such adulterated, mislabeled, or misbranded drug, shall be 
 guilty of a misdemeanor; provided, that no article shall be deemed misbranded, mis- 
 labeled or adulterated within the provisions of this act when intended for export to 
 any foreign country and prepared or packed according to the specifications or direc- 
 tions of the foreign purchaser when no substance is used in the preparation or packing 
 thereof in conflict with the laws of the foreign country to which said article is intended 
 to be shipped; but if said article shall be in fact sold or offered for sale for domestic 
 use or consumption, then this proviso shall not exempt said article from the operation 
 of any of the other provisions of this act. 
 
 Definition of term "drug." 
 
 § 2. That the term "drug" as used in this act, shall include all medicines and prep- 
 arations recognized in the United States Pharmacopoeia or National Formulary for 
 internal or external use, and any substance or mixture of substances intended to be 
 used for the cure, mitigation, or prevention of disease of either man or other animals. 
 
 Standard of purity. 
 
 § 3. The standard of purity of drugs shall be the United States Pharmacopoeia and 
 National Formulary, and the regulations and definitions adopted for the enforcement of 
 the food and drugs act of June 30, 1906, shaU be adopted by the state board of health 
 for the enforcement of this act. 
 
 What constitutes adulteration. 
 
 $ 4. Drugs shall be deemed adulterated within the meaning of this act in any of 
 the following cases : 
 
 First. If, when a drug is sold under or by a name recognized in the United States 
 Pharmacopoeia or National Formulary, it differs from the standard of strength, quality 
 or purity, as determined by the test laid down in the United States Pharmacopoeia or 
 National Formulary official at the time of investigation; provided, that no drug defined 
 in the United States Pharmacopoeia or National Formulary shall be deemed to be 
 adulterated under this provision if the standard of strength, quality, or purity be 
 plainly stated upon the package thereof although the standard may differ from that 
 determined by the test laid down in the United States Pharmacopoeia or National 
 Formulary. 
 
 Second. If the strength or purity fall below the professed standard or quality under 
 which it is sold. 
 
 Definition of term "misbranded." 
 
 $5. That the term "misbranded" as used herein shall apply to all drugs, the 
 package or label of which shall bear any statement, design, or device, regarding such 
 article or the ing^-edients or substances contained therein which shall be false or mis- 
 leading in any particular, and to any drug which is falseij branded or labeled as to
 
 Act 27, §§ 6-10 GENERAL L4'WS. 14 
 
 the county, city and county, city, town, state, territory, District of Columbia or foreign 
 country in which it is manufactured or produced. 
 
 Drugs deemed mislabeled. 
 
 ^ 6. Drugs shall be deemed mislabeled or misbranded under the meaning of this act 
 in either of the following cases: 
 
 Imitations. 
 
 First — If it be an imitation of or offered for sale under the name of another article. 
 Original contents displaced. 
 
 Second — If the contents of the package as originally put up shall have been removed, 
 in whole or in part, and other contents shall have been placed in such package, or if 
 the package as offered for sale at retail or wholesale, fail to bear a statement on the 
 label of the per cent of volume of alcohol, or the quantity of any morphine, opium, 
 cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, 
 acetanilide, or any derivative or preparation of any such substances contained therein, 
 except when prescribed by a licensed physician, licensed dentist, or licensed veter- 
 inary surgeon. 
 
 False statements. 
 
 Third — If its package or label shall bear or contain any statement, design, or device 
 regarding the curative or therapeutic effert of such article, or any of the ingredients 
 or substances contained therein, which is false and fraudulent. [Amendment approved 
 June 13, 1913; Stats. 1913, p. 767.] 
 
 Definition of term "package." 
 
 $ 7, The term "package" as used in this act shall be construed to include any phial, 
 bottle, jar, demijohn, carton, bag, case, can, box or barrel or any receptacle, vessel or 
 container of whatsoever material or nature Avhieh may be used by a manufacturer, 
 producer, jobber, packer or dealer, for inclosing any drug. 
 
 Evidence of violation of act. 
 
 § 8. The sale or offering for sale of any adulterated, mislabeled or misbranded drug 
 by any manufacturer, producer, jobber, packer or dealer in drugs, or broker, commis- 
 sion merchant, agent, employee or servant of any such manufacturer, producer, jobber, 
 packer or dealer, shall be prima facie evidence of the violation of this act. 
 
 State laboratory to analyze suspected drugs. Right of sheriff to purchase or seize. 
 
 $ 9. Whenever required by the state board of health or its secretary, examinations 
 and analyses of drugs on sale in California suspected of being adulterated, mislabeled 
 or misbranded, shall be made by the director of the state laboratory for the examina- 
 tion and analysis of foods and drugs. Said state board of health or the secretary may 
 appoint such agent or agents as it may deem necessary for the enforcement of this act, 
 and the sheriffs of the respective counties of the state are hereby appointed and consti- 
 tuted such agents. Any agent or sheriff shall have the right to purchase at the place 
 of business of any manufacturer or dealer, any drug suspected of being adulterated, 
 mislabeled or misbranded within the meaning of this act, tendering the market price 
 of said articles, if a sale be refused, he may take from any person, firm or corporation 
 samples of any articles suspected of being adulterated, mislabeled and misbranded, 
 and shall deliver or forward such samples to the said director of the state laboratory 
 for examination and analysis. 
 
 Report to district attorney. 
 
 § 10. It shall be the duty of the state board of health whenever it has satisfactory 
 evidence of the viola^^^ion of any of the provisions of this act respecting the adultera-
 
 15 ADULTERATION. Act 27, §§ 11-15 
 
 tion, mislabeling or misbranding of drugs, to report such facts to the district attorney 
 of the county where the law is violated. 
 
 Unlawfiil to refuse to sell to sheriff. 
 
 $ 11. It shall be a misdemeanor for any person to refuse to sell to any sheriff or 
 other agent of the state board of health, any sample of drug upon tender of the market 
 price therefor, or to conceal any such drug from such officer, or to withhold from him 
 information where such drug is kept or stored. Any such person so refusing to sell., 
 or concealing such drug, or withholding such information from said ofReer, shall upon 
 conviction, be punished as provided in section nineteen of the Penal Code of the state 
 of California. 
 
 When analysis shows adulteration, report. 
 
 5 12. Whenever said director shall find from his examination and analysis that 
 adulterated, mislabeled or misbranded drugs have been on sale in this state, he shall 
 forthwith report to the secretary of the state board of health, and shall promptly 
 transmit a certificate of the facts so found to the district attorney of the county in 
 which said adulterated, mislabeled or misbranded drug was found. 
 
 Evidence of facts. 
 
 ^ 13. Every certificate signed by the said director of the state laboratory shall be 
 prima facie evidence of the facts therein stated. 
 
 Annual report of director of state laboratory. 
 
 $ 14. The said director of the state laboratory shall make an annual report to the 
 state board of health, on or before August first of each year, upon adulterated, mis- 
 labeled or misbranded drugs, in which report shall be included the list of cases exam- 
 ined by him in which adulterants were found, and the list of articles found mislabeled 
 or misbranded, and the names of the manufacturers, producers, jobbers and sellers. 
 Said report, or any part thereof, may, in the disci'etion of the state board of health, be 
 included in the report which the state board of health is already authorized by law to 
 make to the governor. The state board of health may, in its discretion publish any 
 part of said report in any issue of its monthly bulletin. 
 
 Notice of violation furnished guarantor. Hearing. Certificate of facts to district 
 
 attorney. 
 
 § 15. When the examination or analysis of the director of the state laboratory shows 
 that any of the provisions of this act have been violated, notice of that fact together 
 with a copy of the certificate of the findings, shall be furnished to the party or parties 
 from whom the sample was obtained or who executed the guaranty as provided in this 
 act, and a date shall be fixed by the secretary of the board of health at which time 
 said party or parties may be heard before the state board of health or any two mem- 
 bers thereof, and the secretary. The hearing shall be held at such times and places as 
 may be designated by the state board of health and at least fifteen days' notice thereof 
 shall be first served upon the party complained of. These hearings shall be private and 
 confined to questions of fact. The parties interested therein may appear in person or 
 by attorneys and may propound the interrogatories and submit oral or written evidence 
 to show any fault or error in the findings made by the director of the state laboratory. 
 If the examination or analysis be found correct, or if the party or parties fail to 
 appear at such hearing, after notice duly served as provided herein, the secretary of 
 the state board of health shall forthwith transmit a certificate of the facts so found 
 to the district attorney of the county in which said adulerated, mislabeled or mis- 
 branded drug was found. No publication thereof shall be made until after said hearing 
 is concluded. [Amendment approved June 13, 1913; Stats. 1913, p. 767.]
 
 Act 27, §§ 16-21 GBNE^RAIi LAWS. M 
 
 Duty of sheriff. 
 
 $ 16. It is hereby made the duty of the sheriff of any county of this state, on pres- 
 entation to him of a verified complaint of the violation of any provisions of this act, 
 at once to obtain by purchase a sample of the adulterated, mislabeled or misbranded 
 drug complained of and divide said article into three parts, and each part shall be 
 sealed by the sheriff with a seal provided for that purpose. If the package be less 
 than four pounds, or in volume less than two quarts, three packages of approximately 
 the same size shall be purchased and the marks and tags upon each package noted as 
 above. One sample shall be delivered to the party from whom procured, or to the 
 party guaranteeing said drug. One sample shall be sent to the director of the state 
 laboratory, and the third sample shall be sent to and held under seal by the state 
 board of health. 
 
 Fees of sheriff. 
 
 $ 17. For his services hereunder the said sheriff shall be allowed the same fees for 
 travel allowed by law to sheriffs on service of criminal process, together with such 
 compensation as by the board of supervisors of his county may be deemed reasonable, 
 and all accounts expended by him in procuring and transmitting the said samples, 
 which fees and amount expended shall be audited and allowed by the said supervisors 
 and paid by his said, county as other bills of said sheriff. 
 
 Duty of district attorney. 
 
 $ 18. It shall be the duty of the district attorney of each county to prosecute all 
 violations of the provisions of this act occurring within his county. 
 
 Penalty for violation of act. 
 
 $ 19. Any person, firm, company or corporation violating any of the provisions of 
 this act, shall be guilty of a misdemeanor, and upon conviction shall be punished by 
 a fine of not less than twenty-five dollars, nor more than five hundred dollars, or shall 
 be imprisoned in the county jail for a term not exceeding six months, or by both such 
 fine and imprisonment. Drugs found to be adulterated or misbranded within the 
 meaning of this act may, by order of any court or judge, be seized and destroyed. 
 
 Disposition of fines. 
 
 $ 20. One half of all fines collected bj' any court or judge for the violations of the 
 provisions of this act shall be paid to the state treasurer and the state treasurer shall 
 deposit such money to the credit of the fund for the maintenance of the state labora- 
 tory, to be drawn against by warrants of the state controller upon claims which shall 
 be approved by the state board of examiners. 
 
 Dealer may establish guaranty regarding mislabeled drugs. General guaranty. Special 
 
 guaranty. "When wholesalers are without state. 
 
 § 21. No dealer shall be prosecuted under the provisions of this act when he can 
 establish a guaranty signed by the wholesaler, jobber, manufacturer or other party 
 residing in the United States from whom he purchased such article, to the effect that 
 the same is not adulterated or misbranded within the meaning of this act. Such guar- 
 anty may be either general or special. A general guaranty shall guarantee without 
 condition or restriction all of the products or articles produced, prepared, compounded, 
 packed, distributed, or sold by the guarantor as not adulterated within the meaning 
 of this act. A special guaranty shall guarantee in the same manner the particular 
 articles listed in an invoice of the same, and shall be attached to or shall fully identify 
 such invoice. Both said guaranties to afford protection must contain the name and 
 address of the party or parties making the sales of such article to said dealer. If the 
 guaranty be to the effect that such article is not adulterated or misbranded within
 
 IT . ADULTERATION. Act 29, §§1,2 
 
 the meaning of the national pure food act, approved June 30, 1906, it shall be sufficient 
 for all the purposes of this act, and have the same force and effect as though it 
 referred to this act, except that a guaranty referring to the said national pure 
 food act alone shall not be sufficient for the purpose of this act in any case where 
 at any time the standard for the article concerned under this act is higher than the 
 standard for a like article under said national pure food act. In case the wholesaler, 
 jobber, manufacturer or other party making such guaranty to said dealer resides with- 
 out this state and it appears from the certificate of the director of the state laboratory 
 that such article or articles were adulterated or misbranded, within the meaning of this 
 act or the national pure food act approved June 30, 1906, the district attorney must 
 forthwith notify the attorney general of the United States of such violation. [Amend- 
 ment of April 23, 1915. In effect — See $ 2, amending act. Stats. 1915, p. 173.] 
 
 Act takes effect when. 
 
 § 22. This act shall be in force and effect from and after the first day of January, 
 nineteen hundred and eight. 
 
 The amending act of 1915 contained the following section: 
 Provisions in effect, when. 
 
 $ 2. This act shall be in force and effect from and after May 1, 1916 ; provided, 
 that as to products packed and labeled prior to May 1, 1916, in accordance with said 
 national pure food act and with the regulations thereunder in force prior to May 5, 
 1914, this act shall be in force and effect from and after November 1, 1916. 
 
 Adnlteration ot dairy products. — See, post. Food and liquor adulteration. — See Act 26. 
 
 Act 36. Food and drug adulteration. — See Act 25. 
 
 Analysis to determine adulteration. — See, For comparison, see Kerr's Cyc. Penal 
 
 post. Act 41. Code, § 382. 
 
 • PAINTS, OILS, VARNISHES AND PIGMENTS. 
 
 ACT 29 — An act to prevent the adulteration of paints, oils, varnishes and pigments. 
 History: Approved March 22, 1907, Stats. 1907, p. 852 
 
 Adulteration of paints prohibited. 
 
 $ 1. No person shall within this state manufacture for sale, offer for sale or sell 
 any article, mixture, compound or substance, used in making paints, oils, varnishes or 
 pigments, which is adulterated within the meaning of this act. 
 
 What shall be deemed adulterated. 
 
 $ 2, Any article shall be deemed adulterated within the meaning of this act : 
 
 1. In case of oils, turpentines, alcohol or other vehicles: 
 
 (a) If it contains any other substance or substances, ingredient or ingredients, 
 different from the article under the name of which it is offered for sale or sold; 
 
 (b) If any substance has been mixed with it so as to lower, depreciate or injuriously 
 affect the quality, strength or purity of the article; 
 
 (c) If any inferior or cheaper substance or substances have been substituted wholly 
 or in part for it; 
 
 (d) If it is an imitation, or is sold under the name of any other article. 
 
 2. In case of lead, zinc, ocher or other metal, mineral or chemical paints, or any or 
 other pigments in paste form and labeled pure, used in the painting or decorating 
 industry : 
 
 (a) If any substance which lowers, depreciates or injuriously affects the quality, 
 strength or purity of the article has been mixed with it, or substituted wholly or in 
 part for it; 
 
 (b) If it is an imitation of .i-^y ot'ier aiticla. 
 Gen. Laws — 2
 
 ActSG, gl GENERAL, LAWS. 
 
 18 
 
 Misdemeanor. 
 
 $ 3. Every person who adulterates or dilutes any article mentioned in this act and 
 sells or offers for sale the same so diluted or adulterated, as undiluted and unadulter- 
 ated, and every person who sells or offers for sale a different article without informing 
 the purchaser of such difference, and every person who violates any of the provisions 
 of this act is guilty of a misdemeanor. 
 
 Adulteration of dairy prodacts. — See, post, For comparison, see Kerr's Cyc. Penal 
 
 Act 36. Code, § 382. 
 
 Adulteration of food and drugs — See, ante. Manufacture, sale and transportation of 
 
 Act 25. adulterated foods, liquors and drugs. — See, 
 
 Analysis to determine adulteration. — See, ante. Acts 26, 27. 
 post, Act 41. 
 
 . DAIRY PRODUCTS. 
 
 ACT 36 — An act to prohibit adulteration and deception in the sale of dairy products, 
 defining adulteration in dairy products, to establish standards of quality in. dairy 
 products and to provide for enforcing its provisions. 
 
 History: Approved March 15, 1907, Stats. 1907, p. 265. Amended 
 April 22, 1909, Stats. 1909, p. 1088. 
 
 Sale of adulterated milk prohibited. 
 
 § 1. It shall be unlawful for any person to produce, manufacture or prepare for 
 sale or to sell or offer for sale, or have on hand for sale, any milk, or product of milk, 
 that is adulterated within the meaning of this act. The word "person" as used in this 
 act shall be construed to import both the singular and plural, as the case demands, and 
 shall include individuals, corporations, companies, societies and associations. When 
 construing and enforcing the provisions of this act, the act, omission or failure of any 
 employee, officer, agent or other person, acting for or employed by any individual, cor- 
 poration, company, society or association, within the scope of his employment or office, 
 shall in every case also be deemed to be the act, omission or failure of such individual, 
 corporation, company, society or association, as well as that of the person. The pro- 
 visions of this act shall be construed to apply to hotel-keepers, restaurant-keepers and 
 boarding-house keepers or any person who shall serve meals and accept money therefor. 
 The words "product of milk" as used in this act, shall not apply to any product into 
 which milk, or a product of milk, may enter as an ingredient or component of a food 
 product that does not consist of milk, or milk products alone, such as pastry, confec- 
 tionery and ice-cream, and excepting in case of condensed milk or evaporated milk or 
 cream in which case the provisions of this act shall aj^ply, provided, that this section 
 shall not be construed to prevent the use of common salt (chloride of sodium) in dairy 
 products. Any label, printed matter, or advertising or descriptive matter appearing 
 upon, or in connection with any package, parcel or quantity of milk or milk products 
 when being sold, offered for sale, or having on hand for sale, and having reference to 
 the article being sold, offered for sale, or on hand for sale, shall conform with the 
 provisions of this act, and if it fails to conform with the provisions of this act, such 
 article shall be deemed adulterated under this act. It shall be unlawful for any person 
 under this act, when selling or offering for sale, or having on hand for sale, milk or 
 any product of milk to use the words "milk," "condensed milk," "sweetened con- 
 densed milk," "condensed skimmed milk," "evaporated cream," "cream" or 
 "butter," either verbally or printed or written on any label or printed matter used 
 in connection with the sale, or offering for sale, or having on hand for sale, of milk 
 or any product of milk, or upon any bill of fare used in any hotel, restaurant or other 
 Dlnces where meals are served when the article shall not conform with the provisions 
 ji section two of this act.
 
 18 ADULTERATIOX. Ant 36, §§ 2-4 
 
 Definitions and standards. 
 
 $ 2. Milk and the products of milk enumerated in this section shall be deemed adul- 
 terated within the meaning of this act if it or they shall not conform with the follow- 
 ing definitions and standards: 
 
 1. Milk is the fresh, clean, lacteal secretion obtained by the complete milking of one 
 or more healthy cows, properly fed and kept, excluding that obtained within fifteen 
 (15) days before and five (5) days after calving, and containing not less than three 
 (3.0) per cent of milk-fat, and not less than eight and five-tenths (8.5) per cent of solids 
 — not fat, and from which no cream or fat or other solid component has been removed. 
 
 2. Skim-milk is milk from which a part or all of the cream has been removed and 
 contains not less than nine and twenty-five hundredths (9.25) per cent of milk solids. 
 
 3. Condensed milk or evaporated milk is whole milk from which a considerable por- 
 tion of water has been evaporated and contains not less than twenty-four and five-tenths 
 (24.5) per cent of milk solids, including not less than seven and seven-tenths (7.7) per 
 cent milk-fat. 
 
 4. Sweetened condensed milk is whole milk from which a considerable portion of 
 water has been evaporated and to which sugar (sucrose) has been added, and contains 
 not less than twenty -four and five-tenths (24.5) per cent of milk solids, including not 
 less than seven and seven-tenths (7.7) per cent milk-fat. 
 
 5. Condensed skim-milk is skim-milk from which a considerable portion of water has 
 been evaporated. 
 
 6. Cream is that portion of milk, rich in milk-fat, which rises to the surface of milk 
 on standing, or is separated from it by centrifugal force, is fresh and clean, and contains 
 not less than eighteen (18) per cent of milk-fat. 
 
 7. Evaporated cream, clotted cream, is cream from which a considerable portion of 
 water has been evaporated. 
 
 8. Milk-fat, butter-fat, is the fat of milk and has a Reichert-Meissel number not less 
 than .905 (40 degrees C.) 
 
 9. Butter is the clean,non-rancid product made by gathering in any manner the fat or 
 fresh or ripened milk or cream into a mass, which also contains a small portion of the 
 other milk constituents, with or without salt, and contains not less than 80 per cent of 
 milk-fat. [Amendment. Approved April 22, 1909; Stats. 1909, p. 1088.] 
 
 Duty of state dairy bureau. 
 
 $ 3. It shall be the duty of the state dairy bureau, now existing under the laws of 
 this state, to enforce the provisions of this act; provided, that nothing in this act shall 
 be construed to prevent any city or county board of health or other city or county 
 official from enforcing the provisions of this act. 
 
 Penalty for violation of act. Fines. 
 
 ^ 4. Any person who shall violate any of the provisions of this act shall be guilty of 
 a misdemeanor and upon conviction shall be punished by a fine of not less than twenty- 
 five ($25.00) dollars, nor more than two hundred ($200.00) dollars, or by imprisonment 
 in the county jail for not less than ten nor more than sixty days. Provided that no con- 
 viction shall be had where a conviction is sought upon any alleged sample of milk, or 
 product of milk, unless such sample has been taken in duplicate, sealed and marked for 
 identification, and one of such samples left with the person accused. All fines collected 
 under this act shall be paid to the state dairy bureau when the complaint is made 
 through the state dairy bureau and the state dairy bureau shall pay the same to the 
 state treasurer and the amount paid by the state dairy bureau to the state treasurer is 
 hereby appropriated to the use of the state dairy bureau in enforcing this act for the 
 fiscal year in which the amount was paid to the state treasurer.
 
 Act 38, §§ 1-3 GENERAL LAAVS. 20 
 
 Interference with inspectors. 
 
 § 5. It shall be unlawful for any person to prevent or interfere with the duly author- 
 ized inspectors or agents of the state dairj' bureau, or any city or county board of 
 health, from entering any place or premises where milk or products of milk are pro- 
 duced or manufactured or prepared or to prevent or interfere with such inspectors or 
 agents in the event they deem it advisable to secure samples of milk or milk products 
 from any person producing or selling milk or products of milk for the purposing [sic] 
 of analyzing the same to ascertain whether this act is being violated. 
 
 Duty of district attorney. 
 
 $ 6. It shall be the duty of the district attorney, npon application of the state dairy 
 bureau or any city or county board of health to attend to the prosecution, in the name 
 of the people, of any complaint entered for violation of any of the provisions of this 
 act within his district. 
 
 Inconsistent acts repealed. 
 
 $ 7. All acts, or parts of acts, inconsistent with this act are hereby repealed. 
 
 Act takes effect when. 
 
 § 8. This act shall take effect and be in force sixty days after its passage. 
 
 Adulteration of food and drugs. — See, ante, Mnnicipal ordinance — Higher percentage 
 
 Act 25. of solid content. — A municipal ordinance of 
 
 Analysis to determine adulteration. — See, Los Angeles requiring vended milk to have 
 
 post, Act 41. a larger percentage of solid content than 
 
 For comparison, see Kerr's Cyc. Penal that required by the act, does not for that 
 
 Code, § 382. reason conflict therewith. — In re Hoffman, 
 
 Imitation milk, producing, buying, selling, 155 Cal. 114, 132 Am. St. Rep. 75, 99 Pac. 517. 
 
 adulterating. — See, post. Act 1172. Same — Municipal ordinance not in confliot 
 
 Impure and unTchoIesome milk. — See, post, T»'ith this act where it merely exacts addi- 
 
 Act 1171. tional requirements. — In re Hoffman, 155 
 
 Superseded. — Portions of this act, at Cal. 114, 132 Am. St. Rep. 75, 99 Pac. 517. 
 
 least, if not the entire act, were super- But see In re Desanta, 8 Cal. App. 295, 96 
 
 seded by Act 1167. Pac. 1027. 
 
 HONEY. 
 
 ACT 38 — An act to prohibit the adulteration of honey, and to provide a punishment 
 
 therefor. 
 
 History: Approved February 23, 1897, Stats. 1897, p. 12. Prior act 
 superseded Act approved March 26, 1895, stats. 1895, p. 94. 
 
 Manufacture of adulterated honey prohibited. 
 
 $ 1. No person shall, within this state, manufacture for sale, offer for sale, or sell 
 any extracted honey which is adulterated by the admixture therewith of either refined 
 or commercial glucose, or any other substance or substances, article or articles which 
 may in any manner affect the purity of the honey. 
 
 Sample for analysis. 
 
 § 2. Every person manufacturing, exposing, or offering for sale, or delivering to a 
 purchaser any extracted honey, shall furnish to any person interested, or demanding 
 the same, who shall apply to him for the purpose, and tender him the value of the 
 same, a sample sufficient for the analysis of any such extracted honey which is in his 
 possession. 
 
 Extracted honey. 
 
 §3. For the purposes of this act, "extracted honey" is the transformed nectar of 
 flowers, which nectar is gathered by the bee from natural sources, and is extracted 
 from the comb after it has been stored by the bee. 
 
 II
 
 21 ADULTERATION. Acts 30, 41, § 1 
 
 Penalties. 
 
 ^ 4. Whoever violates any of the provisions of this act is guilty of a misdemeanor, 
 and upon conviction thereof, shall be fined not less than twenty-five nor more than four 
 hundred dollars, or imprisoned in the county jail not less than twenty-five days nor 
 more than six months, or both such fine and imprisonment. And any person found 
 guilty of manufacturing, offering for sale, or selling any adulterated honey under the 
 provisions of this act may, in the discretion of the court, be adjudged to pay, in addi- 
 tion to the penalties hereinbefore provided for, all necessary costs and expenses, not to 
 exceed fifty dollars, incurred in analyzing such adulterated honey of which such person 
 may have been found guilty of manufacturing, selling, or offering for sale. 
 
 Act takes effect when. 
 
 § 5. This act shall be in force and take effect from and after its passage. 
 
 Adulteration of other food products. — See, Adulteration of imitation niillc — See, post, 
 
 ante, Acts 25, 26. Act 1172. 
 
 Adulteration of syrup. — See, ante, Act 36. For comparison, see Kerr's Cyc. Penal 
 
 Analysis to determine adulteration. — See, Code, § 382. 
 post. Act 41. 
 
 SYRUP. 
 
 ACT 39 — An act to prohibit and punish the sale of adulterated S3rrup. 
 History: Approved March 29, 1878, Stats. 1877-78, p. 695. 
 
 Selling adulterated syrup. 
 
 § 1, Any person who shall knowingly sell, or keep, or offer for sale, or otherwise dis- 
 pose of any syrup, or golden-drips syrup, silver-drips syrup, or molasses, containing 
 muriatic or sulphuric acids, or glucose, or adulterated with any other substance to im- 
 prove the color thereof, shall be guilty of a misdemeanor. 
 
 Penalty. 
 
 § 2. Any person violating the provisions of section one of this act shall be pun- 
 ished, and imprisoned in the county jail of the county in which the offense is committed 
 for a period not exceeding six months, or by a fine not exceeding five hundred dollars, 
 or both. 
 
 Act takes effect when. 
 
 § 3. This act shall take effect from and after its passage. 
 
 Adulteration of honey. — See, ante. Act 38. For comparison, see Kerr's Cyc. Penal 
 
 Adulteration of other food products. — See, Code, § 382. 
 
 ante, Acts 25, 26. Analysis to determine adulteration. — See, 
 
 .Vdulteratlon of imitation mills. — See, post, post, Act 41. 
 Act 1172. 
 
 ANALYSIS, FOR ADULTERATION. 
 
 ACT 41 — An act to provide for analyzing the minerals, mineral waters, and other 
 liquids, and the medicinal plants of the state of California, and of foods and drugs, 
 to prevent the adulteration of the same. 
 
 History: Approved March 9, 1885, Stats. 1885, p. 43. 
 
 Governor to appoint state analyst. 
 
 ij 1. The governor of the state of California shall appoint one of the professors of 
 the state university of California of sufficient competence, knowledge, skill, and cxi^eri- 
 ence, as state analyst, whose duty it shall be to analyze all articles of food, drugs, 
 medicines, medicinal plants, minerals, and mineral waters, and other liquids or solids 
 which shall be manufactured, sold, or used within this state, when submitted to him, as 
 hereinafter provided.
 
 Act 41, §§2-7 GENERAL LAWS. 22 
 
 State board of health, etc., may suhmit food, etc., for analysis. Duty of analyst. Certifi- 
 cate of analyst, when prima facie evidence. 
 
 $ 2. The state board of health and vital statistics, or medical oflficers of health of 
 any city, town, or of any city and county, or county, may, at the cost of their respec- 
 tive boards or corporations, purchase a sample of any food, drugs, medicines, medicinal 
 plants, mineral waters, or other liquids offered for sale in any town, village, or city in 
 this state, and submit the same to the state analyst as hereinafter provided; and said 
 analyst shall, upon receiving such article duly submitted to him, forthwith analyze the 
 same, and give a certified certificate to the secretary of the state board of health sub- 
 mitting the same, wherein he shall fully specify the result of the analysis; and the cer- 
 tificate of the state analyst shall be held in all the courts of this state as prima facie 
 evidence of the properties of the articles analyzed by him. 
 
 Any person may submit food, etc., for analysis. 
 
 $ 3. Any person desiring an analysis of any food, drug, medicine, medicinal plant, 
 soil, mineral water, or other liquid, shall submit the same to the secretary of the state 
 board of health, together with a written statement of the circumstances under which he 
 procured the article to be analyzed, which statement must, if required by him, be veri- 
 fied by oath, and it shall be the duty of the secretary of the state board of health to 
 transmit the same to the state analyst, the expenses hereof to be defrayed by the said 
 board. 
 
 State analyst to report. 
 
 § 4. The state analyst shall report to the state board of health the number of all the 
 articles analyzed, and shall specify the results thereof to said board annually, with full 
 statement of all the articles analyzed, and by whom submitted. 
 
 State board of health may submit food, etc., for analysis. 
 
 $ 5. The state board of health may submit to the state analyst any samples of food, 
 drugs, medicines, medicinal plants, mineral waters, or other liquids, for analysis, as 
 hereinbefore provided. 
 
 Mineralogist to submit minerals for analysis. 
 
 § 6. It shall be competent for the mineralogist of the state of California to submit 
 to the state analyst any minerals of which he desires an analysis to be made ; provided, 
 that the cost of the same shall be defrayed by the mineralogical bureau. 
 
 Viticultural commissioners may submit wines and spirits for analysis. 
 
 § 7. The board of state viticultural commissioners shall have the same privileges as 
 are provided for the state board of health under this act, with respect to samples of 
 wines and grape-spirits, and of all liquids and compounds in imitation thereof, and any 
 person or persons desiring analyses of such products, shall submit the same to the sec- 
 retary of the said board of state viticultural commissioners, and the same shall be 
 transmitted to the state analyst, in the manner prescribed in section three of this act. 
 The analyses shall be made, and the certificates of the state analyst shall be forwarded 
 to the secretary of the said board of state viticultural commissioners, and shall have 
 the same force and effect as provided for in section two of this act, with respect to 
 analyses made for the state board of health. 
 
 Samples for analysis. — Demand, refusal, has been superseded, at least as to the anal- 
 
 and penalty. — See, ante. Acts 25, 26, 27, and ysls of food and drugs, as to which the va- 
 
 acts under titles "Butter"; "Cheese"; rious food and drug- acts make ample pro- 
 
 "Dalries." vision, and as to dairy products, which fully 
 
 Superseded. — It Is believed that this act provide for tests to determine analysis.
 
 23 ADULTERATION. Act 45, §§ 1-4 
 
 INSECTICIDE AND FUNGICIDE ACT. 
 
 ACT 45 — An act to regulate the manufacture, sale, adulteration and misbranding of 
 
 insecticides or fungicides or materials used for insecticidal or fungicidal purposes, 
 
 and to provide penalties for the infraction thereof, and to appropriate money therefor. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1248. Amended 
 June 2, 1913, Stats. 1913, p. 363; June 16, 1913, p. 1141. Former act, 
 Act of February 28, 1901, Stats. 1901, p. 69. 
 
 Unlawful to manufacture adulterated insecticide. Penalty. Fines paid into school fund. 
 
 $ 1. That it shall be unlawful for any person to manufacture within this state any 
 
 insecticide, paris green, lead arsenate, or fungicide which is adulterated or misbranded 
 
 within the meaning of this act; and any person who shall violate any of the provisions 
 
 of this section shall be guilty of a misdemeanor, and shall, upon conviction thereof, be 
 
 fined not to exceed two hundred dollars for the first offense, and upon conviction for 
 
 each subsequent offense to be fined not to exceed three hundred dollars, or sentenced to 
 
 imprisonment for not to exceed one year, or both such fine and imprisonment, in the 
 
 discretion of the court. Said fines and those specified in section 2 of this act to be 
 
 paid into the school fund of the county in which conviction is had. 
 
 Unlawful to sell adulterated insecticide. Penalty. Article for export. 
 
 § 2. Any person who shall offer to deliver to any other person or any person who 
 shall sell or offer for sale in this state any such adulterated or misbranded insecticide 
 or paris green or lead arsenate or fungicide which is adulterated or misbranded 
 within the meaning of this act, or export or offer to export the same to any foreign 
 country shall be guilty of a misdemeanor, and for such offense be fined not exceeding 
 two hundred dollars for the first offense, and upon conviction for each subsequent 
 offense not exceeding three hundred dollars, or to be imprisoned not exceeding one year, 
 or both, in the discretion of the court; provided, that no article shall be deemed mis- 
 branded or adulterated within the provisions of this act when intended for export to 
 any foreign country and prepared or packed according to the specifications or direc- 
 tions of the foreign purchaser; but if said article shall be in fact sold or offered for 
 sale for domestic use or consumption, then this proviso shall not exempt said article 
 from the operation of any of the provisions of this act. 
 
 Examination of specimens. 
 
 § 3. The examination of specimens of insecticides, paris greens, lead arsenates and 
 fungicides shall be made by the director of the agricultural experiment station of the 
 University of California in person or by deputy, for the purpose of determining from 
 such examination whether such articles are adulterated or misbranded within the mean- 
 ing of this act; and if it shall appear from any such examination that any of such speci- 
 mens are adulterated or misbranded within the meaning of this act, the said directoj- 
 shall cause notice thereof to be given to the party from whom such sample was obtained. 
 Any party so notified shall be given an opportunity to be heard under the rules and 
 regulations adopted by the United States government for the enfoi-cement of the 
 national insecticide act of 1910, and if it appears that any of the provisions of this act 
 have been violated by such party, then the said director shall at once certify the facts 
 to the proper district attorney, with a copy of the results of the analysis or the exam- 
 ination of such article duly authenticated by the analyst or officer making such examina- 
 tion, under the oath of such officer. After judgment of the court, notice shall be given 
 by publication in such manner as the said director may determine. 
 
 Duty of district attorney to prosecute. 
 
 ^ 4. That it shall be the duty of each district attorney to whom the said director 
 shall report any violation of this act or present satisfactory evidences of any such vio- 
 lation, to cause approjiriate proceedings to be commenced and prosecuted in the proj^c:
 
 Act45, g§5-S GENERAL LAWS. 24 
 
 courts of the state of California without delay, for the enforcement of the penalties 
 as in such case herein provided. 
 
 Evidence of proper analysis. 
 
 § 5. In any action, civil or criminal, in any court in this state, a certificate, under 
 the head of said director, and the seal of said university, stating the results of any 
 analysis purporting to have been made under the provisions of this act, shall be prima 
 facie evidence of the fact that the sample or samples mentioned in said analysis or 
 certificate where properly analyzed as in this act provided; that the substances analyzed 
 contained the component parts stated in such certificate and analysis; and that the 
 samples were taken from the parcels or packages or lots mentioned or described in sa"d 
 certificate. 
 
 Definitions: "Insecticide." Paris green. "Lead arsenate." "Fungicide." 
 
 $ 6. That the term "insecticide" as used in this act shall include any substance or 
 mixture of substances intended to be used for preventing, destroying, repelling or miti- 
 gating any insects which may infest vegetation, man or other animals, or households, 
 or be present in any environment whatsoever. The term paris green as used in this 
 act shall include the product sold in commerce as paris green and chemically known as 
 the aceto-arsenite of copper. The term "lead arsenate" as used in this act shall 
 include the product or products sold in commerce as lead arsenate and consisting chem- 
 ically of products derived from arsenic acid (H3ASO4) by replacing one or more hydro- 
 gen atoms by lead. That the term "fungicide" as used in this act shall include any 
 substance or mixture of substances intended to be used for preventing, destroying, 
 repelling, or mitigating any and all fungi that may infest vegetation or be present in 
 any environment whatsoever. 
 
 Adulterated paris green. Adulterated lead arsenic. Other insecticides. 
 
 § 7. That for the purpose of this act an article shall be deemed to be adulterated— 
 In the case of paris green : First, if it does not contain at least fifty per centum of 
 arsenious oxide; second, if it contains arsenic in water-soluble forms equivalent to more 
 than three and one-half per centum of arsenious oxide ; third, if any substance has been 
 mixed and packed with it so as to reduce or lower or injuriously affect its quality or 
 streno-th. In the case of lead arsenate : First, if it contains more than fifty per centum 
 of water • second, if it contains total arsenic equivalent to less than twelve and one-half 
 per centum of arsenic oxide (AS2O5) ; third, if it contains arsenic in water-soluble 
 forms equivalent to more than seventy-five one hundredths per centum of arsenic oxide 
 (AS2O5) • fourth, if any substances have been mixed and packed with it so as to reduce, 
 lower or injuriously affect its quality or strength; provided, however, that extra water 
 may be added to lead arsenate (as described in this paragraph) if the resulting mixture 
 is labeled lead arsenate and water, the percentage of extra water being plainly and 
 correctly stated on the label. 
 
 In the case of insecticides or fungicides, other than paris green and lead arsenate: 
 First if its strength or purity fall below the professed standard or quality under which 
 it is sold; second, if any substance has been substituted wholly or in part for the 
 article- third, if any valuable constituent of the article has been whoJly or in part 
 abstracted" fourth, if it is intended for use on vegetation and shall contain any sub- 
 stance or substances which, although preventing, destroying, repelling, or mitigating 
 insects, shall be injurious to such vegetation when used. 
 
 "Misbranded" defined. Misbranded insecticides. Names of ingredients. 
 
 §8. That the term "misbranded," as used herein, shall apply to all insecticides, 
 paris green, lead arsenate, or fungicides or articles which enter into the composition of 
 insecticides or fungicides, the package or label of which shall bear any statement,
 
 29 ADULTER VTION. Act 45. §§ 9-lJ 
 
 design or device regarding snch article or the ingredients or substances contained 
 therein which shall be false or misleading in any particular, and to all insecticides, 
 paris green, lead arsenate, or fungicides which are falsely branded as to the state, terri- 
 tory, or country, in which they are manufactured or produced. That for the purpose 
 of this act an article shall be deemed to be misbranded: In the case of insecticides, 
 paris green, lead arsenate, and fungicides : first, if it be an imitation or offered for 
 sale under the name of another article; second, if it be labeled or branded so as to 
 deceive or mislead the purchaser, or if the contents of the package as originally put 
 up shall have been removed in whole or in part and other contents shall have been 
 placed in such package; third, if in package form, and the contents are stated in terms 
 of weight or measure they are not plainly and correctly stated on the outside of the 
 package. In the case of insecticides (other than paris green and lead arsenates) and 
 fungicides; first, if it contains arsenic in any of its combinations or in the elemental 
 form and the total amount of arsenic present (expressed as per centum of metallic 
 arsenic) is not stated on the label; second, if it contains arsenic in any of its combina- 
 tions or in the elemental form and the amount of arsenic in water-soluble forms (ex- 
 pressed as per centum of metallic arsenic) is not stated on the label; third, if it con- 
 sists partially or completely of any inert substance or substances which do not prevent, 
 destroy, repel or mitigate insects or fungi and does not have the names and percentage 
 amounts of each and every one of such inert ingredients plainly and correctly stated 
 on the label; provided, however, that in lieu of naming and stating the percentage 
 amount of each and every inert ingredient the producer may at his discretion state 
 plainly upon the label the correct names of each and every ingredient of the insecticide 
 or fungicide having inseeticidal or fungicidal properties, and make no mention of the 
 inert ingredients, except in so far as to state the total percentage of inert ingredients 
 present. [Amendment approved June 16, 1913. Stats. 1913, p. 1141.] 
 
 Wholesaler's guaranty. 
 
 $ 9. That no dealer shall be prosecuted under the provisions of this act when he can 
 establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party 
 from whom he purchased such articles, to the effect that the same is not adulterated 
 or misbranded within the meaning of this act, designating it; or a general guaranty 
 may be filed with the secretary of the United States department of agriculture by the 
 manufacturer, wholesaler, jobber or other party in the United States and be given a 
 serial number, which number shall appear on every package of insecticide or fungicide 
 sold under such guaranty with the words "guaranteed by" (the name of the guaran- 
 tor) under the insecticide act of 1910; and in such cases said party or parties shall be 
 amenable to the prosecutions, fines, or other penalties which would attach in due course 
 to the dealer under the provisions of this act. [Amendment approved June 16, 1913. 
 Stats. 1913, p. 1141.] 
 
 "Person" defined. Act of agent deemed act of corporation. 
 
 § 10. That the word "person" as used in this act shall be construed to mean both 
 the plural and the singular, as the case depends, and shall include corporations, com- 
 panies, societies and associations. When construing and enforcing the provisions of 
 this act, the act, omission or failure of any officer, agent, or other person acting for or 
 employed by any corporation, company, society or association, within the scope of his 
 employment or office, shall in every ease be also deemed to be the act, omission, or 
 failure of such corporation, company, society, or association, as well as that of the 
 other person. 
 
 Label. 
 
 ^ 11. Every lot, parrel or package of commr'-'-pi'ai in^^pctifirlop or fungicides or mate- 
 rials to be used for inseeticidal or fungicitlal purposes, sold, offered or exposed for
 
 Act 45, §§12-14 CEIVERAL, LAWS. 28 
 
 sale, within this state, shall be accompanied by a plainly printed label stating the 
 name, brand and tj-ade-mark, if any there be, under which the insecticide or fungicide 
 is sold, the name and address of the manufacturer, importer, or dealer, the place of 
 manufacture, and giving a correct general statement of the nature and composition, 
 together with the name, of the insecticide or fungicide it accompanies, and the total 
 percentage claimed to be therein of the substance or substances alleged to have insecti- 
 cidal or fungicidal properties. [Amendment approved June 16, 1913 j Stats, 1913, 
 p. 1141.] 
 
 Insecticide deemed adulterated. 
 
 § 12. No commercial insecticide, paris, green, lead arsenate or fungicide shall be 
 deemed to be adulterated under the provisions of this act, if the standard of strength, 
 quality or purity thereof be plainly stated upon the bottle, box or container thereof, 
 although the standard may differ from that determined by the provisions of section 7 
 hereof. [New section, approved June 16, 1913. Stats. 1913, p. 1141. The original 
 section 12 was repealed by this act.] 
 
 Not applicable to certain drugs. 
 
 § 12y2- The provisions of this act shall not apply to the sale of any of the prepara- 
 tions, drugs and chemicals of the United States Pharmacopoeia or National Formulary, 
 which conforms to the standard and tests prescribed in the latest edition of the United 
 States Pharmacopoeia or National Formulary, nor shall the provisions of this act apply 
 to the sale of any medicinal or toilet pi-eparations or substances guaranteed under the 
 United States pure food and drugs act of June 30th, 1906, and the California pure food 
 and drugs act. Statutes of California for 1907, chapter 187. [New section, approved 
 June 16, 1913. Stats. 1913, p. 1141.] 
 
 Analysis of insecticides. 
 
 § 13. The directory of the agricultural experiment station of the University of 
 California shall, upon receipt of a sample of insecticide or fungicide, accompanied 
 with a nominal fee of one dollar, furnish to the user of said commercial insecticide or 
 fungicide, such examination or analysis of the sample as will substantially establish 
 the conformity or non-conformity of the said insecticide or fungicide to the guarantee 
 under which it is sold. [Amendment approved June 16, 1913; Stats. 1913, p. 1141.] 
 
 Purchase of samples. 
 
 § 14. The directory of the agricultural experiment station of the University of 
 California, in person or by deputy, is herebj'^ authorized to purchase a sample, not 
 exceeding one pound in weight, for analysis by the said director or his deputies, from 
 any lot, parcel or package of insecticide or fungicide, or material, or mixture of mate- 
 rials used for insecticidal or fungicidal purposes, which may be in the possession of 
 any manufacturer, importer, agent or dealer; but said sample shall be drawn in the 
 presence of said party or parties in interest or their representatives. In lots of five 
 tons or less, samples shall be drawn from at least ten packages, or, if less than ten 
 packages are present, all shall be sampled; in lots of over five tons, not less than 
 twenty packages shall be sampled. The samples so drawn shall be thoroughly mixed, 
 and from it two equal samples shall be drawn and placed in glass vessels, carefully 
 sealed, and a label placed on each, stating the name or brand of the insecticide or mate- 
 rial sampled, the name of the party from whose stock the sample was drawn, and the 
 time and place of drawing; and said label shall also be signed by the said director or 
 his deputy making such inspection, and by the party or parties in interest or their 
 representatives, present at the drawing and sealing of said samples. One of said 
 duplicate samples shall be retained by the party whose stock was sampled, and the 
 other by the director of the agricultural experiment station of the University of. 
 California. [Amendment approved June 16, 1913. Stats. 1913, p. 1141.]
 
 27 ADULTERATION. Act 45, §§14a-20 
 
 Insecticides sold without notice. 
 
 ^ 14a. The following insecticides and fungicides or materials to be used for insec- 
 ticidal or fungicidal purposes may be sold b}' grocers and dealers generally without 
 restriction and the registration fee, permit or license being required of them, viz: 
 Insect powders, poison fly paper, sticky fly paper, borax, moth balls, gum camphor, 
 spirits of camphor, blue ointment, oil of eucalyptus, castor oil, ant poison, sheep dip, 
 lice killer, sulphur, blue-stone. [New section added June 2, 1913. Stats. 1913, p. 363.] 
 
 Publication of results of analyses. 
 
 ^ 15. The director of the agricultural experiment station of the University of Cali- 
 fornia shall publish in bulletin form, from time to time, at least annually, the results of 
 the analyses hereinbefore provided with such additional information as circumstances 
 may advise. 
 
 Appropriation. 
 
 § 16. There is hereby provided for carrying out the purposes of this act, out of 
 any moneys in the state treasury not otherwise appropriated, the sum of five thousand 
 dollars for each fiscal year hereafter, beginning with the first day of July, 1911. 
 
 Persons who may not be interested in sale, etc. 
 
 $ 17. All persons charged with the enforcement or execution of any of the provi- 
 sions of this act shall not directly or indirectly be interested in the sale, manufacture 
 or distribution of any insecticide or fungicide affected by this act. 
 
 Disposition of fees. 
 
 $ 18. All moneys received from analytical fees shall be .paid to the secretary of the 
 board of regents of the University of California for the use of said board in carrying 
 out the provisions of this act. [Amendment approved June 16, 1913. Stats. 1913, 
 p. 1141.] 
 
 Repealed. 
 
 § 19. An act to prevent fraud in the sale of paris green used as an insecticide, 
 chapter LIII, page 69, Statutes of 1901, is hereby repealed. 
 
 § 20. This act shall take effect and be in force from and after July 1, 1911. 
 
 Administration and enforcement, power of, express repeal provision. Whether repealed 
 
 given the director of the department of or not, It was superseded by the present act. 
 
 agriculture. — See §9, Act 96. Scope of section 14a — Construed ^vitli "Poi- 
 
 Repealed or superseded act. — This act pur- son Act." — This section does not, in view of 
 
 ports to repeal the prior act of February 28, the provisions of section 7 of the "Poison 
 
 1901 (Stats. 1901, p. 69). See § 19. But the Act." authorize grocers and dealers gener- 
 
 title of the act contains no reference to such ally to sell an ant poison containing arsenic 
 
 repeal, and the body of the act contains no or its compounds. — In re Potter. 26 Cal. App. 
 
 45, 146 Pac. 62. 
 
 ADULTERY. 
 See Kerr's Cyc. Penal Code, ^ 269a, 269b.
 
 Act 60, g§ 1, 2 GBNCRAL. LAWS. 
 
 CHAPTER 4. 
 
 ADVERTISEMENTS. 
 
 References: Abortion, advertisements to procure, see Kerr's Cyc. Penal Code, §317. 
 Advertisements on state highways, see tit. "Highways," Act. 1903. 
 Banking, false advertising in, see Act 409. 
 
 Bear flag, use of for advertising, see Kerr's Cyc. Penal Code, § 310a. 
 Bonds as legal investments, false advertising of, see Act 409. 
 Divorce, advertisements to procure, see Kerr's Cyc. Penal Code, § 159a. 
 Lotteries, advertising, see Kerr's Cyc. Penal Code, § 323. 
 "No hunting" signs, tearing dov?n, etc., see Kerr's Cyc. Penal Code, § 602. 
 Official advertisements, in general, see Kerr's Cyc. Political Code, § 4458, et seq. 
 Official advertisements, in particular, see particular title in the several codes. 
 Practice law, false advertisement, see Kerr's Cyc. Penal Code, § 161a. 
 Property in signs, see Kerr's Cyc. Civil Code, § 655. 
 
 Real estate, false advertisement concerning, see Kerr's Cyc. Penal Code. § 654b. 
 Tearing down, damaging, etc., signs, etc., see Kerr's Cyc. Penal Code, § 602. 
 
 CONTENTS OF CHAPTER. 
 ACT 60. Lawful and Unlawful Signs, Era 
 
 61. Venereal Disease Remedies. 
 
 62. Fraudulent. 
 
 LAWFUL AND UNLAWFUL SIGNS, ETC. 
 ACT 60 — An act prohibiting the placing or maintaining of signs, mechanical devices, 
 transparencies, pictures or advertisements on or upon property of the state of Cali- 
 fornia, or on or upon property of any city, city and county or county in the state of 
 California, and prohibiting the placing or maintaining of any signs, mechanical 
 devices, transparencies, pictures or advertisements upon property of any person or 
 private corporation without consent in writing therefor having been first obtained, 
 and providing a penalty for the violation of the provisions of this act, and declaring 
 such signs, mechanical devices, transparencies, pictures and advertisements to be a 
 public nuisance. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 957. 
 Unlawful to place signs without permission. 
 
 § 1. It shall be unlawful for any person, persons or corporation to place, cause to be 
 placed or to maintain, or cause to be maintained without lawful permission on or upon 
 any propertj^, either real or personal, belonging to the state of California, or to any 
 city, city and county or county in the state of California, any sign, picture, transpar- 
 ency, advertisement or mechanical device which is used for the purpose of or whicli 
 does advertise or bring to notice any person or persons or article or articles of mer. 
 chandise or any business or profession or anything that is to be or has been sold, 
 bartered or given away. 
 
 Concent of owners of property. 
 
 ^ 2. It shall be unlawful for any person, persons or corporation to place, cause to 
 be placed, maintain, or cause to be maintained on or upon any property, either real or 
 personal, within the state of California, in which said person, persons or corporations 
 have no estate or right of possession, any sign, picture, transparency, advertisement or 
 mechanical device which is used for the purpose of, or which does advertise or bring 
 to notice any person or persons, or article or articles of merchandise or any business 
 or profession or anything that is to be or has been sold, bartered or given away, unless 
 such person, persons or corporation obtain the consent of the owner or owners, lessee 
 or lessees of said property, or person or persons in lawful possession of said property 
 before such sign, picture, transparency, advertisement or mechanical device is placed 
 on or upon said property.
 
 20 ADVE^RTISE^ME^NTS. Acts 61, 62, § I 
 
 Lawful notices. Boad signs. 
 
 § 3. Nothing herein shall be so construed as to prevent the posting of any notice 
 required by law or order of any court, to be posted, nor to prevent the posting or 
 placing of any notice, particularly pertaining to the grounds or premises upon which 
 the same is so posted or placed, or to prevent the posting or placing of any notice, sign, 
 or device used exclusivel}' for giving public notice of the name, direction or condition 
 of any highway, street, lane, road or alley. 
 
 Nuisance. 
 
 $ 4. Any such sign, picture, transparency, advertisement or mechanical device so 
 placed on any property, contrary to the provisions of this act, is and shall be a public 
 nuisance. 
 
 Penalty. 
 
 § 5. Any person violating any of the provisions of this act shall be guilty of a 
 misdemeanor. 
 
 Advertisements as to articles for sale.— Police pctver to prevent See 34 I* R. A. 
 
 See, post, Act 62. (N. S.) 998; 39 L. R. A. (N. S.) 350. 
 
 Advertisements of remedies for venereal 
 diseases. — See, post. Act 61. 
 
 VENEREAL DISEASE REMEDIES. 
 
 ACT 61 — An act to prohibit the advertising of venereal disease remedies and provid- 
 ing a penalty for the violation of the provisions of this act. 
 
 History: Approved May 11, 1919. In effect July 22, 1919. Stats. 
 1919, p. 477. 
 
 Advertising unlawful. 
 
 § 1. From and after the passage of this act it shall be unlawful for any person, 
 firm, corporation or association, except boards of health or agencies approved by the 
 state board of health, to post or otherwise exhibit or distribute in any manner what- 
 soever in any place, any advertising or other printed matter concerning venereal dis- 
 eases, lost manhood, lost vitality, impotency, seminal emissions, self-abuse, varicocele, 
 or excessive sexual indulgence, and calling attention to any medicine, device, compound, 
 treatment or preparation that may be used therefor. 
 
 Penalty for violation. 
 
 § 2. Any person violating the provisions of this act shall upon conviction therefor 
 be punished by a fine of not more than live hundred dollars or by imprisonment in the 
 county jail for not more than one year or by both such fine and imprisonment. 
 
 FRAUDULENT. 
 ACT 62 — An act to prevent false and incorrect representations and advertisements 
 concerning articles offered for sale and prescribing a punishment for the violation 
 thereof. 
 
 History: Approved April 22, 1909, Stats. 1909, p. 1078. 
 
 Misleading advertisements. 
 
 ^ 1. Any firm, person, corporation or association of persons, or any employee of 
 such or any of such, who in the newspapers or other periodicals of this state, or in 
 public advertisements, or in communications intended for a large number of persons 
 knowingly makes or disseminates any statements or assertions of facts with respect to 
 his, its or their business affairs concerning the quantity, the quality, the value, the, 
 price, the method of production or manufacture, or the fixing of the price of his, its 
 or their merchandise or professional work; or the manner or source of purchase of
 
 \ct 62, § 1 GENERAL, LA «VS. SO 
 
 Buch merchandise, or tlie possession of awards, prizes or distinctions; or the motive or 
 purpose of a sale, intended to have the appearance of an advantageous offer, which is 
 or are untrue or calculated to mislead, shall be guilty of a misdemeanor. 
 
 Superseded. — This act was probably su- Penal Code. — See Kerr's Cyc. Penal Code, 
 perseded by the 1915 amendment to § 654a, § 654a. 
 
 AGED PERSONS. 
 
 See tits. "Home of Adult Blind," "Paupers," "Veterans' Home Association." 
 
 AGENTS. 
 
 See tits. "Employment Agencies," "Insurance Companies," "Investment 
 
 Companies," "Real Estate Brokers." 
 
 AGRICULTURAL BUILDINGS. 
 
 See tit. "Agriculture." 
 
 AGRICULTURAL DISTRICTS. 
 
 See tit. "Agriculture." 
 
 AGRICULTURAL FAIRS. 
 
 See tit. "Agriculture." 
 
 AGRICULTURAL PARK. 
 
 See tit. "Agriculture." 
 
 AGRICULTURAL SOCIETIES. 
 
 See tit, "Agriculture." 
 
 CHAPTER 5. 
 
 AGRICULTURE. 
 References: Farm loan bonds, a lawful Investment, see, post, Act 518. 
 
 Fruit and vegetables, see title. 
 
 Horticulture, see title. 
 
 Land settlement and rural credits, see tit. State. 
 
 "Land Settlement Board." 
 
 Potatoes, see title. 
 
 Predatory animals, protection against, see, post, Act 251. 
 
 Protection of agriculture, see tits. "Estrays," "Trespassing Animals." 
 
 Protection of agriculture in certain counties, see particular county. 
 
 Protection of agriculture, see particular acts In chapters under tits. "Conserva- 
 tion," "Drainage Districts," "Irrigation," "Protection Districts," "Storm Water 
 Districts." 
 
 Silk culture, see title. 
 
 Squirrels and gophers, destruction of in certain counties, see post Acts 249, 250. 
 
 Trespassing animals, see title. 
 
 Trespassing animals in certain counties, see particular county. 
 
 Viticulture, see title. 
 
 CONTENTS OF CHAPTER. 
 
 I. AGRICULTURAL BUILDINGS AND PARK. 
 
 II. STATE AGRICULTURAL SOCIETY. 
 
 III. COUNTY AND DISTRICT AGRICULTURAL SOCIETIES AND ASSOCIATIONS. 
 
 IV. AGRICULTURAL DISTRICTS. 
 
 Y. MISCELLANEOUS. DEPARTMENT OP AGRICULTURE.
 
 81 AGRICULTURE. Act 65, §8 1, a 
 
 I. AGRICULTURAL BUILDINGS AND PARK. 
 
 ACT 65. State Fair Buildings. 
 
 66. Woman's Building. 
 
 67. Machinery Hall. 
 
 68. Dairy Buildings. 
 
 69. Memorial Buildings. 
 
 70. Extension of Fair Grounds. 
 
 70a. Improvement of Park by Day's Work. 
 
 70b. Improvement of Park. 
 
 70c. Relief of Directors of Society, 
 
 STATE FAIR BUILDINGS. 
 ACT 65 — An act making an appropriation for the erection and construction of build- 
 ings and equipping the fair grounds owned hy or under the jurisdiction and control 
 of the California State Agricultural Society, for exposition and state fair purposes 
 and for the payment of other expenses incidental and relating thereto, prohibiting 
 gambling of all kinds upon the grounds and premises under the control of said Cali- 
 fornia State Agricultural Society, and providing a penalty for gambling or gaming 
 thereon, and providing that certain moneys now in the state treasury may he used 
 in connection with this appropriation for such purposes. 
 
 History: Approved March 22, 1905, Stats. 1905, p. 793. 
 State agricultural society — appropriation for fair grounds. 
 
 $ 1. The sum of sixty thousand dollars is hereby appropriated out of any money 
 in the state treasury, not otherwise appropriated, to be paid to the board of directors 
 of the California State Agricultural Society and to be expended on, in and about the 
 fair grounds owned by or under the jurisdiction and control of the California State 
 Agricultural Society for the purpose of equipping the said fair grounds for exposition 
 and state fair uses for the purjDoses hereinafter specified: For the construction of a 
 swine exhibit building; the construction of a sheep building; the construction of cattle 
 exhibit barns; the construction of exhibit buildings for mules, horses and ponies; the 
 construction of a poultry building; the construction of a dairy building; the construc- 
 tion of carriage sheds; the construction of a main fence around the grounds; the pur- 
 chase of decomposed granite for roads; the grading of roads; the grading and filling 
 around barns; the installation of a water system and piping the grounds; the construc- 
 tion of a steel tower and of a barrel tank; the installation of a sewerage system; the 
 construction of an implement exhibit building; painting such structures; necessary fees 
 of architects and suiDerintendents, foremen and workmen and for the payment of all 
 other expenses appurtenant to the carrying out of this act. The state controller is 
 hereby ordered and directed to draw the necessary warrant or warrants therefor, and 
 the state treasurer is hereby directed to pay the same. Provided that, if the appro- 
 priation made by this act shall be insufficient to provide for the erection and construc- 
 tion of all the buildings hereinbefore enumerated, the board of directors of the said 
 California State Agricultural Society, in their discretion, may erect and construct such 
 buildings named herein as in their discretion can be erected and constructed by the 
 appropriations provided for by this act. 
 
 Bids, advertising for. 
 
 § 2. No contract for lumber, iron, machinery or material to be used for the purposes 
 mentioned in section one of this act shall be entered into by the California State Agri- 
 cultural Society until publication shall be made in at least three daily newspapers, two 
 of said newspapers to be published in the city and county of San Francisco, and one 
 in the city of Sacramento, for at least twenty days prior thereto, inviting bids for the 
 supplying of such material. Such bids may be in the form of sealed proposals, shall 
 be opened at a meeting of the directors of such society, and the contract shall be 
 awarded to the lowest responsible bidder for supplying of such materiaL
 
 Act 65, §g 3-e GENERAL LAWS. S3 
 
 Bills, how audited and approved. 
 
 $ 3. All bids for material and for the construction and equipment of said works 
 shall be audited by the said board of directors of the California State Agricultural 
 Society and approved by the state board of examiners before being paid. 
 
 Plans, specifications, etc., how and by whom approved. 
 
 § 4. All plans, descriptions, bills of material, specifications and estimates necessary, 
 requisite, proper or convenient for any of the purposes aforesaid, shall receive the 
 sanction of a majority of the directors of the California State Agricultural Society and 
 of the state board of examiners. The directors of the California State Agricultural 
 Society shall cause an entry to be made in their minutes that such plans, descriptions, 
 bills of material, specifications and estimates have been approved. It shall not be 
 necessary to obtain the approval or sanction of any other board, officer or person to 
 said plans. 
 
 Present funds, how used. 
 
 § 5. In addition to the appropriation made by this act, the board of directors of 
 the said California State Agricultural Society are hereby authorized, and empowered 
 to use, for the purpose of improving the said fair grounds, any moneys now in the 
 state treasury of the state of California consisting of the residue remaining after the 
 sale by the California State Agricultural Society of its real estate, or any portion 
 thereof, conformably to the terms and provisions of an act entitled "An act to author- 
 ize state agricultural societies under the control of the state, to sell property held by 
 them in fee, or held by trustees for their use, or in which they may have any interest, 
 to presei'ibe a course of procedure therefor, to indemnify purchasers at such sale, and 
 to direct how the proceeds shall be applied, ' ' approved Februarj'^ twenty-fifth, eighteen 
 hundred and ninety-seven, and any other act amendatory thereof or supplemental 
 thereto, and paid into said state treasury pursuant to the terms of said act or acts. 
 The said residue shall be paid to the directors of the California State Agricultural 
 Society in the same manner as in section one of this act provided, and the state con- 
 troller is hereby ordered and directed to draw the necessary warrants therefor, and 
 the state treasurer is hereby directed to pay the same. 
 
 Pools, betting and gambling prohibited. Penalty. 
 
 § 6. The board of directors, officers and employees of the California State Agricul- 
 tural Society are hereby prohibited from permitting any person or persons, or any 
 corporation, within the grounds or premises owned by or under the control of the said 
 California State Agricultural Society, to sell, or offer for sale, buy, or offer to buy, 
 issue, or offer to issue, or in any manner dispose of, purchase, or acquire any interest 
 in any pool, or in any pool ticket, certificate, writing, or other evidence of payment, 
 acceptance or deposit of money, or other thing of value, staked upon the result of any 
 running, pacing or trotting race or contest between horses, mares or geldings, or to 
 make any bet or hazard on the result of such race or contest, or to act as a stakeholder 
 of any bet or hazard laid on the result of any such race or contest, or to receive or 
 pay over any money or article or thing of value, the ownership or right to possession 
 of which has been, is, or is to be determined bj' any such race or contest, or to permit 
 any gambling or gaming prohibited by section three hundred and thirty of the Penal 
 Code of the state of California. And every person, officer and employee of said board 
 of directors of the California State Agricultural Society permitting any of the acts 
 herein prohibited, and every person who shall, within the confines of the land and 
 premises of the said California State Agricultural Society, sell, or offer to sell, buy, 
 or offer to buy, issue, or offer to issue, or in any manner dispose of, purchase or acquire 
 any interest in any pool, or in any pool ticket, certificate, writing, or other evidence
 
 3.1 AGRICULTrRE. Act 66, §§ 1-3 
 
 of payment, acceptance or deposit of money, or other thing of value, staked upon the 
 result of any running, pacing or trotting race or contest between horses, mares or 
 geldings, or to make any bet or hazard on the result of such race or contest, or to act 
 as a stakeholder of any bet or hazard laid on the result of any such race or contest, 
 or receive or pay over any money or article or thing of value, the ownership or right 
 to possession of which has been, is, or is to be determined by any such race or contest, 
 or to permit any gambling or gaming prohibited by section three hundred and thirty 
 of the Penal Code of the state of California, is guilty of a misdemeanor, and shall be 
 punishable by a fine of not less than one hundred dollars nor more than five hundred 
 dollars, or by imprisonment in the county jail not exceeding six months. 
 
 A.ppropriation, when payable. 
 
 $ 7. Of the sum of money appropriated by section one of this act, the sum of sixty 
 thousand dollars shall not be payable to the said directors of the California State 
 Agricultural Society, and the appropriation therefor shall not be available until the 
 first day of July, nineteen hundred and five. 
 
 Repeal of conflicting acts. 
 
 5 8. All acts and parts of acts, in conflict with this act, are hereby repealed, 
 $ 9. This act shall take effect and be in force from and after its passage. 
 
 Agricultural park and buildings. — See, post, Act 70, note. 
 
 WOMAN'S BUILDING. 
 
 ACT 66 — An act authorizing and directing the directors of the State Agricultural 
 Society to erect a new building and to furnish and equip the same, at Agricultural 
 Park in the city of Sacramento, state of California, to he known as the woman 'a 
 building, and making an appropriation therefor. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 441. 
 
 Woman's building, State Agricultural Park. 
 
 5 1. The directors of the state agricultural society are hereby authorized anJ 
 directed to erect, furnish and equip, pursuant to plans prepared by the state depart- 
 ment of engineering, at Agricultural Park in the city of Sacramento, woman's build- 
 ing so arranged and equipped as to be suitable for the display of women's handiwork; 
 also for the display of fine arts, and also for demonstrating in a practical way the 
 science of domestic economy; the said building to be constructed of such material as 
 will render it practically fireproof. 
 
 Direction of department of engineering. 
 
 § 2. The building herein provided for shall be ereoted under the direction and 
 supervision of the state department of engineering in accordance with the laws govern- 
 ing the erection of state buildings. 
 
 Appropriation. 
 
 § 3. For the purpose of ca^^^^ng out the provisions of this act, the sum of thirty 
 thousand dollars is hereby appropriated, out of any money in the state treasury not 
 otherwise appropriated, and the state controller is hereby directed to draw his war- 
 rants from time to time as the work progresses up to full amount of this appropriation 
 in favor of the person authorized by law to receive the same, and the state treasurer 
 is hereby directed to pay the same. 
 
 Asrrloultnrnl park and bnildlnRs. — Pee, post, Act 70, note. 
 Gen. Laws — 3
 
 Acts 67-70, § 1 GENERAL LAWS. 34 
 
 MACHINERY HALL. 
 ACT 67 — An act authorizing and directing the directors of the State Agricultural 
 Society to erect a new building at Agricultural Park, near the city of Sacramento, 
 state of California, to be known and designated machinery hall; fixing the require- 
 ments thereof and making an appropriation therefor. 
 
 History: Approved February 26, 1909, Stats. 1909, p. 83, 
 This act appropriated $30,000 for the purpose indicated. 
 
 DAIRY BUILDINGS. 
 ACT 68 — An act authorizing and directing the directors of the State Agricultural 
 Society to construct on the state fair grounds at Agricultural Park, near the city of 
 Sacramento, state of California, a dairy building and dairy barns, providing for 
 their equipment and making an appropriation therefor. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 1062. 
 This act appropriated $30,000 for the purpose indicated. 
 
 MEMORIAL BUILDINGS. 
 ACT 69 — An act authorizing and empowering the directors of the state board of agri- 
 culture to set aside a site and to grant to any person or persons the right and privi- 
 lege to erect in the state fair grounds at agricultural park in the city of Sacramento 
 a building or other structure as a memorial, providing for the approval of the plana 
 and specifications therefor and for the acceptance and maintenance thereof. 
 
 History: Approved June 2, 1913. In effect August 10, 1913. Stats. 
 1913, p. 364. 
 
 jUfemorial buildings in agricultural park. 
 
 § 1. The directors of the state board of agriculture are hereby authorized and 
 empowered to set aside a suitable site and to grant to any person or persons the right 
 and privilege to erect in the state fair grounds at agricultural park in the city of Sac- 
 ramento a suitable building or other structure as a memorial to any person, who during 
 life, was identified with the work of advancing and promoting the interests of the 
 state of California. The plans and specifications for such memorial building or other 
 structure shall be approved by the state engineering department as to strength of 
 design and materials and by the directors of the state board of agriculture before the 
 right or privilege to erect the same shall be granted, and when erected and accepted by 
 the directors of the state board of agriculture, such building or other structure shall 
 be under the sole control and direction of the directors of the state board of agriculture 
 the same as other buildings in said state fair grounds, and shall be maintained by the 
 state of California as an integral portion of the said state fair grounds. 
 
 EXTENSION OF FAIR GROUNDS. 
 ACT 70 — An act appropriating money for the purchase of additional land for the state 
 fair grounds in the city of Sacramento. 
 
 History: Approved June 6, 1913. In effect August 10, 1913. Stats. 
 1913, p. 907. 
 
 Appropriation: additional land. Agricultural Park, Sacramento. Title. Deeds. 
 
 § 1. The sum of nine thousand three hundred dollars or so much thereof as may be 
 necessary, is hereby appropriated out of any money in the state treasury not otherwise 
 appropriated to be used by the directors of the State Agricultural Society to purchase 
 additional land to become a part of Agricultural Pai'k in the city of Sacramento, said 
 additional land comprising eight and one-half acres, more or less, of land adjoining (he 
 present agricultural park on the south side. Title of the land so purchased shall be 
 taken in the name of the state of California and shall have the approval of the attor- 
 
 J
 
 35 AGRICl'LTl'RE. Acts 70a-70c 
 
 ney general. The deed or deeds to the land shall be delivered by the owner or owners 
 to said directors upon payment of the purchase price. Said deed or deeds shall be 
 filed in the oflSce of the secretary of state. 
 
 $ 2. The state controller is hereby authorized and directed to draw his warrant in 
 favor of the directors of the State Agricultural Society for the moneys herein appro- 
 priated at such times and in such manner as the expenditure of the same shall be 
 required and the state treasurer is hereby directed to pay said warrants. 
 
 Editor's note: The first step in the acqui- to be contributed by Sacramento in the erec- 
 sition of land for state fair purposes was tion of a building, to be known as the 
 taken by the legislature of 1859. An. act State Agricultural and Industrial Exhibition 
 was approved February 10, 1859 (Stats. 1859, building, on a site in the Capitol grounds 
 p. 20), submitting to the people of Sacra- east of the Capitol. On March 14, 1907 
 mento a proposition to appropriate money (Stats. 1907, p. 2G4), two buildings were 
 for the purchase of suitable ground and the authorized, the "Agricultural Pavilion" and 
 erection of appropriate buildings for the use "Manufacturer's Pavilion." 
 of the State Agricultural Society and other The legislature of 1913, by an act ap- 
 purposes. This was followed April 24, 1861, proved June 7, 1913 (Stats. 1913, p. 929), 
 by an act (Stats. 1861, p. 228) authorizing submitted to the people a proposition to is- 
 the condemnation of certain streets in Sac- sue $750,000 bonds for the extension of the 
 ramento for the same purpose. On May 2, state fair grounds, the erection of new build- 
 1861 (Stats. 1861, p. 272), an appropriation ings, and of additions to old buildings, and 
 of $15,000 was made for buildings. Another for the equipment of the same, and the gen- 
 sum of $15,000 was appropriated March 26, eral improvement and beautification of the 
 1874 (Stats. 1873-74, p. 619), for the purpose grounds; but this act failed of ratification, 
 of erecting a grandstand. On March 9, 1883 Minor appropriations have been made 
 (Stats. 1883, p. 64), the sum of $40,000 was from time to time for minor improvements, 
 appropriated to be used with a like amount 
 
 IMPROVEMENT OF PARK BY DAY'S WORK. 
 ACT 70a — An act authorizing and directing the directors of the State Agricultural 
 Society to make arrangements by day's work or by contract, for leveling and plant- 
 ing the grounds, and painting and repairing the buildings, at the State Agricultural 
 Park, near the city of Sacramento, state of California, and making an appropriation 
 therefor. 
 
 History: Approved February 6, 1909, Stats. 1909, p. 82. 
 This act appropriated $10,000 for the purpose indicated. 
 
 IMPROVEMENT OF PARK 
 ACT 70b — An act authorizing and directing the directors of the State Agricultural 
 Society to plow, check and plant the infield, grade and gravel walks and drives, park 
 the grounds, improve the system of fire protection, and contruct public conveniences 
 on the state fair grounds, at Agricultural Park, near the city of Sacramento, state of 
 California, and making an appropriation therefor. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 1061. 
 This act appropriated $10,000 for the purpose Indicated. 
 
 RELIEF OF DIRECTORS OF SOCIETY. 
 ACT 70c — An act to reimburse the directors of the State Agricultural Society for money 
 advanced to meet the deficiency in the funds of the State Agricultural Society during 
 the Bixtv-third and si:s:ty-fourth fiscal years and for the maintenance of the state 
 fair grounds during said fiscal years. 
 
 History: Approved June 8, 1913. In effect August 10, 1913. Stats, 
 1913, p. 878. 
 Thla act appropriated $15,337.26 for the purpose indicated.
 
 Acts 71, 72, gg 1-5 GENERAL LAWS. M 
 
 n. STATE AGEICULTUEAL SOCIETY. 
 ACT 71. Incorporation of Society. 
 
 72, Management and Control of Society. 
 
 INCORPORATION OF STATE AGRICULTURAL SOCIETY. 
 
 ACT 71 — An act to incorporate the state agricultural society, and appropriate money 
 for its support. 
 
 History: Passed May 13, 1854, Stats. 1854, p. 163. Amended 
 
 March 20, 1858, Stats. 1858, p. 80; March 12, 1863, Stats. 1863, p. 50. 
 Supplemented March 12, 1863, Stats. 1863, p. 49; April 13, 1863, Stats. 
 1863, p. 259. These acts were continued in force by the Political Code: 
 See Kerr's Cyc. Political Code, § 2326. 
 
 MANAGEMErs'T AND CONTROL OF STATE AGRICULTURAL SOCIETY. 
 
 ACT 72 — An act to provide for the management and control of the State Agricultural 
 
 Society of the state. 
 
 History: Approved April 15, 1880, Stats. 1880, p. 49. Amended 
 June 11, 1913. In effect August 10, 1913. Stats 1913, p. 571; May 29, 
 1915. In effect August 8, 1915. Stats. 1915, p. 949. 
 
 Eights of State Agricultural Society continued. 
 
 § 1. The State Agricultural Society is hereby declared to be a state institution; pro- 
 vided, that all rights and privileges which have heretofore accrued to members of said 
 society under its rules, either through pajnnents made or by services rendered, are 
 hereby recognized and continued. [Amendment of May 29, 1915. In effect August 8, 
 1915. Stats. 1915, p. 949.] 
 
 Board, how appointed. Term of office. Vacancies. 
 
 I $ 2. "Within ten days after the passage of this act, the governor shall appoint twelve 
 resident citizens of the state who shall, when organized, constitute a state board of 
 agriculture, who shall, except as hereinafter provided, hold office for the term of four 
 years, and until their successors are appointed and qualified. Vacancies occurring 
 from any cause in the board shall be filled by appointment of the governor for the 
 unexpired term of the office vacated. 
 
 Qualification and organization. Oflacers. 
 
 § 3. Within ten days after their appointment, the persons so appointed shall qualify, 
 as required by the constitution, and shall meet at the office of the State Agricultural 
 Society and organize by the election of one of their number as president of the board 
 and said society, who shall hold said office of president for the term of one year, and 
 until his successor is elected and qualified. The board shall also elect a secretary and 
 treasurer, not of their number, who shall each hold office at the discretion of the 
 board. 
 
 Terms of office. Fiscal year. 
 
 $ 4. At the same meeting the members of the board shall, by lot or otherwise, 
 classify themselves into four classes of three members each. The terms of office of the 
 first class shall expire at the end of the first fiscal year; of the second class, of the 
 second year; of the third class, of the third year; of the fourth class, at the end of 
 the full term of four years. The fiscal year shall be from the first of February to the 
 first of February. 
 
 Duties of state board of agriculture. Annual fair. May he suspended during year of 
 
 international exposition. 
 
 § 5. The state board of agriculture shall be charged with the exclusive management 
 and control of the state agricultural society as a state institution; shall have possession
 
 37 AGRICULTURE. Act 72, §§ 6-9 
 
 and care of its property and be intrusted with the direction of its entire business and 
 financial affairs. It shall define the duties of the secretary and treasurer, fix their 
 bonds and compensation, and shall have power to make all necessary changes in the 
 constitution and rules for the society, to adapt the same to the provisions of this act 
 and to the management of the society, its meetings and exhibitions. It shall provide 
 for an annual fair or exposition by said society of the industries- and industrial prod- 
 ucts of this state* and commercial products exported and imjDorted through the ports 
 of this state at the city of Sacramento each year; provided, that in any year during 
 which an international exposition conducted in whole or in part under the auspices of 
 the state of California and endorsed by the United States government, is held within 
 the state of California and the state board of agriculture deems it inexpedient to hold 
 a state fair, the funds of the State Agricultural Society for that year only may be 
 expended in co-operation with the management of said exposition to provide for a 
 proper exploitation of the industries of California at such exposition; provided, fur- 
 ther, that in no event shall the state be liable for any premium awarded or debt cre- 
 ated by the said state board of agriculture; provided, further that the collections and 
 receipts from sources other than state appropriations, shall be reported monthly by the 
 secretary to the controller of state, and shall be paid to the state treasury. Such 
 receipts shall be credited to the State Agricultural Society contingent fund, which is 
 hereby created, and shall be solely for the use of the society. [Amendment of May 29, 
 1915. In effect August 8, 1915. Stats. 1915, p. 949.] 
 
 This section was also amended June 11 1913, Stats. 1913, p. 571. 
 
 Same. 
 
 $ 6. The board shall have power to appoint all necessary marshals and police to 
 keep order and preserve peace at the annual fairs of the society, and the officers so 
 appointed shall be vested with the same authority for the preservation of order and 
 peace, on the grounds and in the buildings of the society, that executive peace officers 
 are vested with by law. 
 
 Collection and dissemination of knowledge. Report to governor. 
 
 $ 7. Said board shall use all suitable means to collect and disseminate all kinds of 
 information calculated to educate and benefit the industrial classes, develop the 
 resources, and advance the material interests of the state, and shall, on or before the 
 first day of February of each year, report to the governor a full and detailed account 
 of their trans.actions, statistics, and information gained, and also a full financial state- 
 ment of all funds received and disbursed. They shall also make such suggestions and 
 recommendations as experience and good policy may dictate for the improvement and 
 advancement of the agricultural and kindred industries. 
 
 Printing reports. 
 
 $ 8. The superintendent of state printing shall, each year, print and bind in cloth 
 four thousand volumes of said transactions, and deliver the same to said board of 
 agriculture for distribution and exchange. He shall also do such job printing as said 
 board may require to carry out the i:)rovisions of this act. 
 
 County and district agricultural societies. Reports of. 
 
 $9. The directors or boards of managers of each county and district agricultural 
 society or association, and of each county, district, or state horticultural and stock- 
 breeding association or society, organized and acting under the laws of this state, 
 shall report annually, on or before the first day of April, to the state board of agri- 
 culture, the name and post-office address of each officer of such society or association; 
 and on or before the first day of December shall report to said board of agriculture 
 the transactions of said society, including the premiums offered, the list of stock and
 
 Act 72, §§ 10-12 
 
 GENERAL, LAAVS. 
 
 articles exhibited, and the premiums paid; the amount of receipts and expenditures 
 for the year, the new industries inaugurated, and any and all facts and statistics 
 showing the development and extent of the industries, products, and resources of the 
 county or district embraced within the management of such society or association; 
 provided, that the provisions of this act shall not apply to any board of commissioners 
 or other body organized under the laws of this state the object of which is to promote 
 vitieultural industries, unless such board or body shall voluntarily request the privi- 
 lege of making such reports as are called for by this act, in which case such board 
 or body shall enjoy equal privileges as are accorded to other institutions devoted to 
 agriculture. 
 
 State board to furnish blanks. 
 
 § 10. To facilitate such reports, the state board of agriculture shall have prepared 
 and shall furnish such societies with necessary schedules and blanks for such reports, 
 and said state board shall include such reports from societies and associations, or so, 
 much thereof as they may deem advisable, in their report to the governor. 
 
 Secretaiy to report organization and classification and to report vacancies. 
 
 § 11. "VVTien said state board of agriculture shall have been organized and classified 
 as provided herein, the secretary of the board shall report such organization and 
 classification to the governor. He shall also report any vacancy that may occur in 
 said board at any time. 
 
 § 12. All laws and parts of laws in conflict with this act are hereby repealed. 
 
 Evidence — Report of State Agricultural 
 Society constitutes legal evidence, but not 
 conclusive, of the facts stated therein as to 
 the products of the state and its subdivi- 
 sions. — Vallejo, etc., Co. v. Reed Orchard 
 Co., 169 Cal. 545, 572, 147 Pac. 238. 
 
 Same — l^aine — Public document. — The re- 
 port of the State Agricultural Society, when 
 printed by order of the board of examiners 
 is a public document, and admissible in evi- 
 dence as such. — Vallejo, etc., Co. v. Reed 
 Orchard Co., 169 Cal. 545, 571, 147 Pac. 238. 
 
 Same — State institution. — The State Ag- 
 ricultural Society became and remained a 
 state institution upon and after the enact- 
 ment of the act of 1880 (Stats. 1880, p. 49). 
 — Melvin v. State, 121 Cal. 16, 53 Pac. 416. 
 
 Same — Same — I/iability of state. — The act 
 of 1880 (Stats. 1880. p. 49) is construed as 
 intended to hold the state free from liabil- 
 ity for obligations incurred by the state 
 board of agriculture for debt calling di- 
 rectly or indirectly for the payment of 
 money. — Melvin v. State, 121 Cal. 16, 53 Pac. 
 416. 
 
 Same — Same — Report. — The State Agricul- 
 tural Society is a state institution, and 
 among its duties, prescribed by law, is that 
 of collecting information and statistics re- 
 lating to the agricultural resources and ma- 
 terial interests of the state, and making a 
 report of the same to the governor. — Vallejo, 
 
 etc., Co. V. Reed Orchard Co., 169 Cal. 545. 
 571, 147 Pac. 238. 
 
 State fair — Admission fee.— Po^ver of state 
 board of agriculture to charge an admission 
 fee is implied from the power to provide an 
 annual^ fair, and make needful rules, given 
 to the state board of agriculture, and it 
 does not follow that the society is organ- 
 ized for gain, or for pecuniary profit to the 
 state. — Melvin v. State, 121 Cal. 16, 53 Pac. 
 416. 
 
 Same — Horse races. — No provision has 
 been made for horse races, and the state 
 has discouraged them by falling to appro- 
 priate for them. — Melvin v. State, 121 Cal. 
 16, 53 Pac. 416. 
 
 Same — As agency of state. — See 17 L. R. A. 
 383. 
 
 Same — As private corporation. — See 12 
 L. R. A. 664. 
 
 Same — Gaming on. — See Act 65. 
 
 Same — PubMc character. — See 29 L. R. A. 
 708. 
 
 Same — Public institution. — The "California 
 State Agricultural Society" formed under 
 the act of 1854 (Stats. 1854, p. 56), was not 
 a public institution. — People ex rel. Post v. 
 San Joaquin, etc.. Association, 151 Cal. '797, 
 91 Pac. 740. 
 
 See, also, Melvin v. State, 121 Cal. 16, 53 
 Pac. 416.
 
 J8 AGRICULTLRE. Acts 73, 74, 8 1 
 
 III. COUNTY AND DISTRICT AGRICULTUEAL SOCIETIES AND ASSOCIATIONS. 
 
 ACT 73. Incorporation of Societies. 
 74. Sale of Society Lands. 
 
 INCORPORATION OF COUNTY AND DISTRICT SOCIETIES. 
 ACT 73 — An act concerning agricultural societies. 
 
 History: Approved March 12, 1859, Stats. 1859, p. 104. Amended 
 March 5, 1862, Stats. 1862, p. 37; .Tanuary 31, 1870, Stats. 1869-70, p. 31; 
 February 15, 1878, Stats. 1877-78, p. 84. 
 
 This act provided for the formation of public corporation such as are societies or- 
 
 agricultural societies by any seven or more ganized under tlie act of 1880, and its lands 
 
 persons and for their powers and govern- may be sold under execution.— Denike v. 
 
 ment. — See Denike v. Santa Clara V. A. Soc, Santa Clara, etc., Soc, 9 Cal. App. 228, 98 
 
 9 Cal. App. 228, 98 Pac. 687, 689. Pac. 687. 
 
 Agricultural fair association. — See Kerr's Encouragement of agriculture. — The leg- 
 
 Cyc. Civil Code, §§ 620, et seq. islature made appropriations from time to 
 
 District agricultural societies — Not public time to a number of societies formed under 
 
 agencies. — Agricultural societies formed un- this act for the payment of premiums. — See 
 
 der the act of 1859 were not state institu- act of April 25, 1862, Stats. 1862, p. 415; of 
 
 tions. — People ex rel. Post v. San Joaquin, March 21, 1872, Stats. 1871-72, p. 442; 
 
 etc.. Association, 151 Cal. 797, 91 Pac. 740. IVTarch 18, 1878, Stats. 1877-78, p. 332. 
 
 Same— Not public corporations-^Power to Non-profit agricultural associations. — Sea 
 
 •ell lands. — A district agricultural society Kerr's Cyc. Civil Code, §§ 653m, et seq. 
 organized under the act of 1859 is not a 
 
 SALE OF SOCIETY LANDS. 
 ACT 74 — An act to authorize state agricultural societies under the control of the state 
 to sell property held hy them in fee, or held by trustees for their use, or in which 
 they may have any interest; to prescribe a course of procedure therefor; to indem- 
 nify purchasers at such sale, and to direct how the proceeds shall be applied. 
 
 History: Approved February 25, 1897, Stats. 1897, p. 30. Amended 
 March 16, 1899, Stats. 1899, p. 106. 
 
 State agricultural societies may sell real estate; manner of procedure. 
 
 $ 1. Whenever any State Agricultural Society under state control shall desire to sell 
 the whole or any portion of its real estate held by it in fee, or by a trustee for its use, 
 or in which it may have any title, interest, or claim, it shall be lawful for such society 
 or association to file its complaint in the superior court of the county in which such 
 lands are situated, setting forth the nature of the title under which the land to be 
 affected by the decree of the court is held, and what claim such society or association 
 has therein; and that it is the desire of such society or association to sell such real 
 estate, and praying for judgment authorizing it to sell the same. In such action the 
 trustee or trustees holding title in trust for such society or association, or their suc- 
 cessors, or the survivor or survivors of them, or such other persons deriving title from 
 the trustees, as the case shall require, shall be made parties defendant; and upon the 
 service of the summons upon such defendants personally or by publication, or upon 
 their appearance, the court shall have full jurisdiction in the premises. Such society 
 or association may include as defendants in such action in addition to such persons or 
 parties as appear of record to have, and other persons or parties who are known to 
 have, some claim in or lien on the lands described in the complaint; also all other per- 
 sons or parties unknown, claiming anj' right, interest, or lien in such land, and the 
 plaintiff may describe such defendants in the complaint as follows : 
 
 "Also all other persons or parties, unknown, claiming any right, title, estate, lien or 
 interest in the real estate described in the complaint herein. ' * Service of the summons 
 may be had upon all such unknown persons or parties defendant by publication, as pro- 
 vided by law in case of nonresident defendants. All such unknown persons or parties 
 so served shall have the same rights as are provided by law in case of all the other 
 defendants upon whom service is made by publication or personally and the action shall
 
 Act 74, § 1 GENERAL. I.AAVS. 4« 
 
 proceed against such unknown persons or parties in tlie same manner as against the 
 defendants who are named, upon whom service is made by publication, and with like 
 effect; and any such unknown persons or parties who have or claim any right, estate, 
 lien, or interest in the said property in controversy at the time of the commencement of 
 the action, duly served as aforesaid, shall be bound and concluded by the judgment in 
 Buch action as effectually as if the action was brought against such defendant by his oi 
 her name, and personal service of the summons obtained, notwithstanding any such 
 unknown person may be under legal disability. The court shall have full power and 
 authority to order the property sold. In case of a sale, the court shall appoint a com- 
 missioner to make the sale, and shall direct the manner in which the sale shall be 
 conducted; provided, that when any property is held in trust by any such agricultural 
 society or association, such property held in trust shall be sold separately from any 
 that may be held in fee. The commissioner shall make a report of sale to the court, 
 which, after such notice as it may deem proper, shall proceed to hear the same, and if it 
 finds that the sale was fairly conducted, and the price bid was proportionate to the 
 value of the land sold, it shall make and enter a decree confirming the sale, and direct- 
 ing the commissioner to execute a deed to the purchaser. The deed executed by said 
 commissioner, under and in pursuance of the decree of the court, shall be valid and 
 effectual to convey to the purchaser an absolute title in fee simple to the premises; 
 provided, however, that before the filing of any such complaint in the superior or any 
 other court, it shall be necessary for such agricultural society, or any person or corpo- 
 ration claiming the title to such land, to prepare, sign, and properly acknowledge a good 
 and sufficient deed or deeds sufficient to vest in the state all title, interest, or claim 
 which such society may have in and to any land to be affected by the proceedings hereby 
 authorized to be instituted ; such deed or deeds to be conditioned that the title, claim, or 
 interest of such society embraced in such deed or deeds shall be held by the state of 
 California in trust for the benefit of such society; which said deed or deeds shall be 
 deposited with the state treasurer, to be by him held in escrow pending the final con- 
 clusion of such proceedings in such court. If the court in which such proceedings are 
 had shall order such land to be sold, as herein provided for, the state treasurer shall 
 forthwith file such deed or deeds with the county recorder of the county, or city and 
 county, in which such land is located. If there be any liens upon or claims against the 
 property, the court shall order them paid out of the proceeds of sale. The residue 
 remaining, after paying the costs and expenses of sale and such liens and claims against 
 the property as the court may order paid, shall be paid into the state treasury, where it 
 shall remain until required for the purchase of other property for the use of such 
 society or association, upon the order of the state controller; and it shall be drawn 
 therefrom only upon authorization passed by the board of directors or trustees of such 
 society or association, by and with the approval of the state board of examiners, and 
 upon warrants duly drawn by the state controller. If, through any defects in the pro- 
 ceedings, or otherwise, the title should not pass, the state will indemnify the purchaser 
 by repaying to him the amount paid by him; provided, such purchaser or purchasers 
 shall file their claim or claims for the repayment of such purchase price with the state 
 board of examiners within five years after the payment of such purchase price to the 
 state treasurer in the first instance. The surplus of proceeds of sale, paid into the state 
 treasury, shall be drawn out on certificate, signed by a majority of the directors, or 
 governing body of such society or association, and also of the state board of examiners, 
 stating that it is desired for the payment for other property for the use of such agricul- 
 tural society; and upon receipt of such certificate, the treasurer shall pay to the said 
 directors, or governing body, or person designated by them, all or such part of such sur- 
 plus as may be required for the purchase of other property ; provided, however, that if 
 all or any portion of the real estate, and the improvements thereon held by any state 
 agriciiltural society under state control, shall have been acquired in the name of such
 
 41 AGRICULTURE. Act 74, 88 *-* 
 
 society, or of any person, association, or corporation, in trust, for the use of said, or 
 any other agricultural society, originally, or at any time, by the use of money derived 
 from taxation of the taxable property of any city and county, county, or city, then, 
 and in that event, the surplus proceeds of any sale of such property shall be invested 
 in other real estate, within the same county, or city and county, for the same purpose, 
 and not otherwise, or elsewhere. It is expressly provided that in no event shall the 
 state be liable for the payment of any expense, interest, or attorneys' fees, incurred 
 by any one, on any account, by or on behalf of any such agricultural society in their 
 behalf; and it shall be incumbent on such society to make provision for the payment of 
 the expenses, costs, attorneys' fees, and any interest that may be necessary to be paid 
 any purchaser, by reason of repayment of any purchase money on account of failure 
 of title to such lands; such provision for the payment of expenses, attorneys' fees, costs, 
 and anticipated interest to be provided for prior to the issue of any summons, or order 
 of publication in any action contemplated by this act. [Amended March 16, 1899. 
 Stats. 1899, p. 106.] 
 
 Exchange of real estate by state agricultural societies. 
 
 § 2, If any real estate contemplated in the preceding section, purchased by the pro- 
 ceeds of taxes levied upon and collected from the taxable property of any city and 
 county, county, or city, shall have been ordered sold, as in said section provided, and 
 shall have been offered for sale in the mode therein specified, for a period of sixty days 
 or more, and not all sold for want of an adequate price, the board of directors, or gov- 
 erning body of such society or association, shall be, and they are hereby authorized and 
 empowered to exchange all or any part of such real estate for other land suitable for the 
 use of such society, or association, within the same county, or city and county, upon such 
 terms as may be reasonable and just, and the deed or deeds executed for the conveyance 
 of such real estate in exchange shall be executed by the board of directors of such 
 society or association, or a majority thereof, and by the commissioner appointed in the 
 proceedings provided for in the preceding section for the sale of such property, and 
 such exchange of property shall be subject to, and with the approval of a judge of the 
 superior court of the county, or city and county, in which the proceedings provided for 
 were had. [New section added March 16, 1899. Stats. 1899, p. 108.] 
 
 Same. 
 
 § 3. In case of the exchange of any portion such property, as provided for in sec- 
 tion 2 thereof, the real estate received in such exchange shall be subject to the indemni- 
 fication of any person who shall receive any of the said real estate of said agricultural 
 society in such exchange in case of any defect in the proceedings, or otherwise, whereby 
 the title to such real estate of such society should not pass, and in such case of exchange 
 the state of California shall be absolved from any obligation to pay any part of any 
 purchase price, or value of exchanged property; provided, further, that no claims for 
 failure of title for any reason shall be entertained after five years from the date of such 
 exchange. [New section added March 16, 1899. Stats. 1899, p. 109.] 
 
 $ 4. This act shall take effect immediately from and after its passage.
 
 Act 74a, g 1 GENERAL, LAWS. 42 
 
 rV. AGEICULTUEAL DISTRICTS. 
 
 ACT 74a. District Act of 1909. 
 74b. Land Leasing Act. 
 
 DISTRICT ACT OF 1909. 
 ACT 74a — An act to form agricultural districts, to provide for the formation, organiza- 
 tion and powers, of agricultural associations therein and for the management and 
 control of the same by the state, and repealing all acts and portions of acts in con- 
 flict with this act. 
 
 History: Approved April 17, 1909, Stats. 1909, p. 979. Foimer acts 
 superseded or repealed: Act of April 15, 1880, Stats. 1880, p. 62; 
 March 20, 1891, Stats. 1891, p. 138; March 31, 1897, Stats. 1897, p. 304. 
 
 Agricultural districts, numbers of. 
 
 § 1. The several counties of this state are divided and classified into agricultural 
 districts, and numbered as follows, to wit : 
 
 The counties of San Francisco and Alameda shall constitute agricultural district No. 1. 
 
 The county of San Joaquin shall constitute agricultural district No. 2. 
 
 The county of Butte shall constitute agricultural district No. 3. 
 
 The counties of Sonoma and Marin shall constitute agricultural district No. 4. 
 
 The counties of San Mateo and Santa Clara shall constitute agricultural district No. 5. 
 
 The county of Los Angeles shall constitute agricultural district No. 6. 
 
 The county of Monterey shall constitute agricultural district No. 7. 
 
 The county of El Dorado shall constitute agricultural district No. 8. 
 
 The county of Humboldt shall constitute agricultural district No. 9. 
 
 The county of Siskiyou shall constitute agricultural district No. 10. 
 
 The counties of Plumas and Sierra shall constitute agricultural district No. 11; pro- 
 vided, that the first fair held in the eleventh agricultural district after the passage of 
 this act shall be held in Sierra county; the next fair in Plumas county, and thereafter 
 said counties shall so alternate in holding such fairs. 
 
 The counties of Lake and Mendocino shall constitute agricultural district No. 12, 
 
 The counties of Sutter and Yuba shall constitute agricultural district No. 13. 
 
 The county of Santa Cruz shall constitute agricultural district No. 14. 
 
 The county of Kern shall constitute agricultural district No. 15. 
 
 The county of San Luis Obispo shall constitute agricultural district No. 16. 
 
 The county of Nevada shall constitute agricultural district No. 17. 
 
 The counties of Mono, Inyo, and Alpine shall constitute agricultural district No. 18. 
 
 All that portion of Santa Barbara county lying east of the Gaviota and south of the 
 Santa Ynez mountains, shall constitute agricultural district No. 19. 
 
 The county of Placer shall constitute agricultural district No. 20. 
 
 The counties of Fresno and Madera shall constitute agricultural district No. 21. 
 
 The countj'^ of San Diego shall constitute agricultural district No. 22. 
 
 The county of Contra Costa shall constitute agricultural district No. 23. 
 
 The counties of Tulare and Kings shall constitute agricultural district No. 24. 
 
 The county of Napa shall constitute agricultural district No. 25. 
 
 The county of Amador shall constitute agricultural district No. 26. 
 
 The counties of Shasta and Trinity shall constitute agricultural district No. 27. 
 
 The counties of San Bernardino and Riverside shall constitute agricultural district 
 No. 28. 
 
 The county of Tuolumne shall constitute agricultural district No. 29. 
 
 The county of Tehama shall constitute agricultural district No. 30. 
 
 The county of Ventura shall constitute agricultural district No. 31.
 
 43 AGRICUL-TUREJ. Act 74a, §8 2-5 
 
 The county of Orange shall constitute agricultural district No. 32. 
 The county of San Benito shall constitute agricultural district No. 33. 
 The county of Modoc shall constitute agricultural district No. 34. 
 The counties of Merced and Mariposa shall constitute agricultural district No. 35. 
 The county of Solano shall constitute agricultural district No. 36. 
 All that portion of Santa Barbara county not included in agricultural district No. 19 
 shall constitute agricultural district No. 37. 
 
 The county of Stanislaus shall constitute agricultural district No. 38. 
 The county of Calaveras shall constitute agricultural district No. 39. 
 The county of Yolo shall constitute agricultural district No. 40. 
 The county of Del Norte shall constitute agricultural district No. 41. 
 The county of Glenn shall constitute agricultural district No. 42, 
 The county of Lassen shall constitute agricultural district No. 43. 
 The county of Colusa shall constitute agricultural district No. 44. 
 The county of Imperial shall constitute agricultural district No. 45. 
 
 Formation of associations. 
 
 $ 2. Any fifty or more persons residents of a majority of the counties embraced 
 within any of the above districts may form an association for the purpose of holding 
 fairs, expositions and exhibitions of all of the industries and industrial enterprises;, 
 resources and products of every kind or nature of the state with a view of improving, 
 exploiting, encouraging and stimulating the same. 
 
 Of&cers. 
 
 $ 3. The officers of such association shall consist of eight directors to be appointed 
 by the governor of the state of California who shall constitute a district board of agri- 
 culture for said district; provided, however, where two or more counties shall constitute 
 an agricultural district, each county shall be represented in the district board of direc- 
 tors by at least two resident citizens, as directors in said board ; provided, that when by 
 reason of the formation of a new agricultural district, a director of one district becomes 
 a resident of another, his term of office as director will expire in sixty days after the 
 formation of the new agricultural district. 
 
 Appointment of directors. 
 
 § 4. After the formation of an agricultural association within any of the districts 
 above constituted in accordance with the provisions of this act, and notice of such 
 formation to the governor, the governor shall appoint eight resident citizens of such 
 district as members of a district board of agriculture for said district whose term of 
 office shall be four years, except as hereinafter provided ; and thereafter there shall be 
 two members of said board appointed in the same manner every year whose term of 
 office shall continue four years, and until their successors are appointed and qualified. 
 
 Terms of office. 
 
 § 5. Within ten days after their appointment the members of the board shall, by lot 
 or otherwise, classify themselves into four classes of two members each. The term of 
 office of the first class shall expire at the end of the first fiscal year, the second class at 
 the end of the second fiscal year, the third class at the end of the third fiscal year and 
 the fourth class at the end of the fourth fiscal year; provided that all officers of agri- 
 cultural districts now in office, under any law heretofore passed, shall hold office for the 
 term for which they were appointed, except in cases specified in section 3 of this act. 
 And the agricultural associations heretofore established shall be continued in force and 
 are made asrrieultural associations under this act.
 
 Act 74n, §§ 6-9 GBNE^RAL LAW'S. 44 
 
 Organization. 
 
 § 6. The fiscal year shall be from December 1st to December 1st, and the persons so 
 appointed shall qualify as required by the constitution, and shall meet at a place within 
 the district and organize by the election of one of their number as president of the 
 board, who shall hold said office of president one year and until his successor is elected; 
 they shall also elect a secretary and treasurer not of their number. 
 
 Name of association, and powers. 
 
 § 7. Each association so formed and organized is hereby declared and shall be recog- 
 nized as a state institution, and shall be known and designated by the name of 
 
 district agricultural association, and by such name and style shall have perpetual suc- 
 cession and shall have power to contract, to sue and to be sued, to have a seal, to pur- 
 chase, to hold and lease real estate and personal property, and may sell, lease, beautifj^ 
 improve and dispose of the same, and do any and all acts and things necessary to carry 
 out the objects and purposes for which said associations are formed; and the board so 
 appointed and qualified shall have the exclusive control and management of such insti- 
 tution, for and in the name of the state, and shall have possession and care of all the 
 property of the association and shall fix the term of office and the bonds of the secretary- 
 and treasurer and determine their salaries and duties. They shall have the power to 
 make all necessary by-laws, rules and regulations for the government of the association 
 and the management of its prudential and financial affairs. They may provide for a 
 fair, exposition or exhibition by the association of all industries and industrial products 
 in the district or state, at such time and place as they deem advisable; provided, thai 
 the state, shall in no event, be liable for any premium offered or award made, or on 
 account of any premium offered or award made, or on account of any contract made by 
 any district board of agriculture or agricultural association ; provided however, that any 
 such agricultural association having a speedway or race course upon any lands owned 
 by it, or under its control, shall maintain the same for the purpose of holding speed 
 contests and training and speeding horses thereon. 
 
 Advances from state association. 
 
 <5 8. Whenever such association shall have been formed within any of the districts 
 provided for, and it is proposed to hold an agricultural fair in said district, the secre- 
 tary of the board of directors of the district, shall notify the state board of agriculture 
 of the said intention, and shall also forward to the board of agriculture a list of the 
 articles upon which premiums are to be paid and the amount upon each item, and the 
 said board shall have the power to advance to said association a sum not exceeding five 
 thousand dollars (5,000) to pay said premiums out of any money that may have been 
 appropriated to the said State Agricultural Society for that purpose, and which may at 
 the time be available; provided, however, that no one district shall receive such aid for 
 more than one fair in any one year. 
 
 State aid. 
 
 § 9, The fairs or exhibitions to be given by the district agricultural association shall 
 be held at such place or places within such districts, as the board of directors of the 
 said district may select. But only one of such district fairs shall receive state aid in 
 any district during any given year, and the money provided by the state as premium 
 money shall be applied to exhibits at this one fair; provided however, whenever the 
 board of directors of two or more agricultural districts shall, by a majority vote of 
 each board, elect to unite, the several districts may associate and combine as one 
 district, and hold a fair in any of said districts that may be agreed on by the board of 
 directors of said associations so combining, and may for such pui-pose draw the appro- 
 priation for all the said districts, and expend the same for said fair.
 
 45 
 
 AGRICULTURE. 
 
 Act 74 b, g 1 
 
 Reports to state association. 
 
 $ 10. The directors of such agricultural district herein created shall each year make 
 a full and complete report of all transactions of the said association to the state board 
 of agriculture. 
 
 $ 11. All acts or parts of acts in conflict with this act are hereby repealed. 
 
 $ 12. This act shall take effect immediately from and after its passage. 
 
 Same — Property exempt from execntlon.^ 
 
 Property of such association is so far prop- 
 erty of the state as to be exempt from exe- 
 cution. — People ex rel. Post v. San Joaquin, 
 etc., Association, 151 Cal. 797, 91 Pac. 740. 
 
 Same — Same. — The fact that the act of 
 1880 (Stats. 1880, p. 62) provides that such 
 an association may be sued, does not imply 
 the state assents to the sale of the associa- 
 tion's property under execution. — People ex 
 rel. Post. V. San Joaquin, etc., Association, 
 151 Cal. 797, 91 Pac. 740. 
 
 Same — Not public corporation — Po^ver to 
 sell lands. — A district agricultural society 
 organized under the act of 1859 (p. 104) la 
 not a public corporation such as are socie- 
 ties organized under the act of 1880 (p. 62). 
 and its lands may be sold under execution. 
 — Denike v. Santa Clara, etc., Soc, 9 Cal. 
 App. 228, 98 Pac. 687. 
 
 District asricnitural association — Public 
 agency. — Such an association, organized un- 
 der the act of April 15, 1880 (Stats. 1880, 
 p. 62), for the purposes specified therein, is 
 a public agency of the state, is within the 
 state's exclusive management and control, 
 and is charged with the performance of a 
 part of the functions of the state govern- 
 ment. — People ex rel. Post v. San Joaquin, 
 etc., Association, 151 Cal. 797, 91 Pac. 740; 
 Sixth District, etc.. Association v. Wright, 
 154 Cal. 119, 97 Pac. 144. 
 
 Expositions. — Creation of revolving fund 
 to maintain a special exposition at Exposi- 
 tion Park, Los Angeles, by the Sixth District 
 Agricultural Association. — See, post. Act 
 1448. 
 
 Repealed act subsequently amended. — The 
 act of 1897 was amended two days after it 
 was repealed by the present act (Stats. 1909, 
 p. 994). District 12, composed of Lake and 
 Mendocino counties, was divi(7.ed, a new dis- 
 trict was created. District 46, and Mendo- 
 cino County took the place of Imperial 
 County In District 45, and Imperial County 
 was transferred to the new district. 
 
 Constitutionality — Section 11 — Gift of 
 property to private individuals. — Section 11 
 of the act of 1897 (Stats. 1897, p. 304) car- 
 ried from §101/^ of the act of 1891 (Stats. 
 1891, p. 138), authorizing the organization 
 of a private corporation within an associa- 
 tion, and the transfer to it of property of 
 the association is unconstitutional, as In 
 violation of § 31, article IV, of the state con- 
 stitution. — Sixth District, etc., Association 
 v. Wright, 154 Cal. 119, 97 Pac. 144. 
 
 District agricultural associations — Capital 
 stock — Interest of members. — No provision 
 is made under the act of 1880 (Stats. 1880, 
 p. 62), or the act of 1891 (Stats. 1891, p. 
 138), for a capital stock, or the issue of cer- 
 tificates of stock to the members, or which 
 contemplates the retention by them of an 
 interest In or control of the property of 
 such association. — Sixth District, etc., Asso- 
 ciation V. Wright, 154 Cal. 119, 97 Pac. 144. 
 
 Same — Conveyances to — Misnomer. — Deeds 
 to "District Agricultural Association Num- 
 ber Six of California" and Agricultural Dis- 
 trict Number Six of the State of California, 
 passed title to the "Sixth District Agricul- 
 tural Association." — Sixth District, etc., As- 
 sociation v. Wright, 154 Cal. 119, 97 Pac. 144. 
 
 Same— Name — Designation by number. — 
 Under the act of 1880 (Stats. 1880, p. 62), 
 and subsequent acts, a district agricultural 
 association was contemplated, to be desig- 
 nated as " Agricultural Association," 
 
 the blank for the insertion of a number or 
 name to distinguish It from others of other 
 districts. — Sixth District, etc., Association v. 
 Wright, 154 Cal. 119, 97 Pac. 144. 
 
 Same — Same — Supplied by law. — Associa- 
 tions were not authorized to select any 
 name except that contemplated by the act 
 of 1880 and subsequent acts, and the words 
 necessary to distinguish it from other dis- 
 trict associations would be supplied by law, 
 if the association omitted to do so. — Sixth 
 District, etc.. Association v. Wright, 154 Cal. 
 119. 97 Pac. 144. 
 
 LAND LEASING ACT. 
 ACT 74b — An act authorizing district agricultural associations organized under tho 
 laws of the state of California, to lease lands owned, managed or controlled, in trust 
 or otherwise, to municipal corporations, counties or cities and counties, in which such 
 lands are situated, and repealing all acts and parts of acts in conflict herewith. 
 History: Approved April 22, 1909, Stats. 1909, p. 1082. 
 May lease lands not needed. 
 
 § 1. Any district agricultural association organized, or hereafter organized under 
 the laws of the state of California, is hereby authorized and empowered to lease lands 
 owned, managed or controlled by said association, whether in trust or otherwise, not 
 needed for the permanent use of said association, to any municipal corporation, county, 
 or city and county, in which said lands are located, for a period not to exceed fifty
 
 Acts 75, 77, § 1 GENERAL LAWS. 46 
 
 years, for purposes not inconsistent with the objects and purposes for which said 
 association is formed and for which said lands are held, owned, or controlled by it. 
 
 Repeal of conflicting acts. 
 
 $ 2. All acts and parts of acts in conflict with this act are hereby repealed, 
 § 3. This act shall take effect immediately. 
 
 V. MISCELLANEOUS. DEPAETMENT OF AGRICULTURE. 
 ACT 75. Improvement of Cereal Crops. 
 
 77. Johnson Grass, Prevention of Propagation of. 
 
 78. Investigation of Plant Diseases. 
 
 93. Agricultthjal Expert in Irrigation, Eeclamation, and DRAnrAGE. 
 
 94. Delegates on Commission to Investigate Kural Credits aijd AgricuiiTUEAL 
 
 Finance. 
 
 95. County Funds for AcRicuLTtrRAL Extension Work. 
 
 96. Department of Agriculture. 
 
 IMPROVEMENT OF CEREAL CROPS. 
 
 ACT 75 — An act to provide for the improvement of cereal crops of California, and 
 
 appropriate money therefor. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 1051. Former acts: 
 Act of March 18, 1905, Stats. 1905, p. 128; March 11, 1907, Stats. 1907, 
 p. 204; March 6, 1909, Stats. 1909, p. 190; all of which are identical 
 with present act except in the amount of appropriation. 
 
 University to make experiments for improvement of cereals. Results to be published. 
 $ 1. The go\ ernor of the state of California is hereby directed, and it is hereby 
 made his duty to cause to be made under the supervision and direction of the director 
 of the agricultural experiment station of the University of California, such investi- 
 gations and experiments as he may deem best for the purpose of discovering and 
 making known such improved methods of cereal culture in the state of California as 
 will increase the yield of cereals in said state, and increase the percentage of gluten 
 in said cereals, or otherwise improve the quality thereof. The said governor shall 
 have the exclusive charge and control of all moneys appropriated hereby, to be used 
 in employing such expert and scientific assistants as he may deem necessary, and for 
 the paying of the expenses of carrying on the experiments herein provided for. He 
 shall from time to time publish the results of such experimental and investigational 
 work as may have been done, for general distribution. 
 
 Appropriation. 
 
 § 2. [This section appropriated $15,000 for the purpose indicated; one half to 
 be expended during the sixty-third, and one-half, during the sixty -fourth, fiscal year.] 
 
 Exempt from Code provisions. 
 
 § 3. This act is exempted from the provisions of section six hundred and seventy 
 two of the Political Code. 
 
 In force. 
 
 § 4. This act shall take effect and be in force from and after the date of its passage. 
 
 PROPAGATION OF JOHNSON GRASS. 
 ACT 77 — An act to prevent the propagation by the production of seed, of that certain 
 plant known as Sorghum halepense, otherwise known as Johnson grass. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 337. Amended 
 March 22, 1907, Stats. 1907, p. 876. 
 
 Unlawful to permit noxious weeds to mature. 
 
 ^ 1. It shall be unlawful for any person owning, controlling, leasing, or possessing 
 land in the state of California to knowingly permit that certain grass known as Sor- 
 
 11
 
 47 AGRICULTURE. Act 78, §§ 1, 2 
 
 ghum halepense, otherwise known as Johnson grass, Cnicus arvensis, otherwise known 
 as Canadian thistle, Salsoli kali, otherwise known as Russian thistle, and Onopordon 
 acanthium, otherwise known as Scotch thistle, and Cnicus lanceolatus, otherwise known 
 as bull thistle, to mature and disseminate its seed on land so owned, leased or possessed 
 by such person. [Amendment approved March 22, 1907. Stats. 1907, p. 876.] 
 
 Seed must not be sown on land. 
 
 § 2. It shall be unlawful for any person knowingly to sow or disseminate or cause 
 to be sown or disseminated, any seed of Sorghum halepense, otherwise known as John- 
 son grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, other- 
 wise known as Russian thistle, and Onopordon acanthium, otherwise known as Scotch 
 thistle, and Cnicus lanceolatus, otherwise known as bull thistle, upon any land owned 
 or possessed by another. [Amendment approved March 22, 1907. Stats. 1907, p. 877.] 
 
 Same as to roadways and ditches. 
 
 $ 3. It shall be unlawful for any person to knowingly sow, disseminate, or cause or 
 permit to be disseminated any seed of Sorghum halepense, otherwise known as Johnson 
 grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, otherwise 
 known as Russian thistle, and Onopordon acanthium, otherwise known as Scotch 
 thistle, and Cnicus lanceolatus, otherwise known as bull thistle, over or along any 
 roadway, highway, or right of waj'^ for ditch purposes, adjacent to premises owned or 
 possessed by him. [Amendment approved March 22, 1907. Stats. 1907, p. 877.] 
 
 Penalty. 
 
 $ 4. Any person upon being duly convicted of a violation of any of the preceding 
 sections of this act, shall be deemed guilty of a misdemeanor, and may be fined in a 
 sum not exceeding one hundred dollars, or by imprisonment in the county jail, for a 
 term not exceeding three months. 
 
 Time of taking effect of act. 
 
 § 5. This act shall take effect immediately from and after its passage. 
 
 Administering: and enforcing act, power agriculture. — See S 9. act of 1919; post, 
 of, conferred on director of department of Act 96. 
 
 INVESTIGATION OF PLANT DISEASES. 
 ACT 78 — An act providing for the investigation of the nature and means of control of 
 destructive diseases of cultivated plants in those portions of the state not benefited 
 by the Southern California Pathological Laboratory, and making an appropriation 
 therefor. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 1052. 
 
 University to maintain laboratory for investigating diseases of trees and plants. 
 
 $ 1. The regents and the president of the University of California are hereby 
 directed to maintain, in connection with the agricultural experiment work of the uni- 
 versity in those portions of the state not benefited by the Southern California Patho- 
 logical Laboratory, a scientific station or laboratory with the necessary equipment for 
 the investigation of the nature and means of control of injurious and destructive 
 diseases of cultivated trees, plants and crops. 
 
 Pear blight, etc. Information to growers. 
 
 $ 2. They are directed to make or cause to be made investigations of such troubles 
 as pear blight, peach blight, olive knot, apricot failures, pear scab, apple diseases, root 
 rot, root knot, diseases of tomatoes, potatoes, asparagus, onions, and other vegetables, 
 and such other plant diseases as may be called to their attention. They shall also 
 furnish information and practical demonstration to the growers of these crops as to 
 the best means of control of such diseases.
 
 Acts93, 94, 81 GEXBRAL LAWS. 48 
 
 Appropriation. 
 
 $ 3. The sum of fifteen thousand dollars is hereby appropriated out of any money 
 in the state treasury not otherwise appropriated to be expended by the regents of the 
 University of California in eairying out the purposes of this act and the state con- 
 troller is hereby authorized and directed to draw his warrant for the same, payable 
 to the regents of the University of California, and the treasurer of the state is hereby 
 directed to pay such warrant. 
 
 § 4 This act is hereby exempted from the provisions of section 672 of the Political 
 Code. 
 
 AGRICULTURAL EXPERT. 
 
 ACT 93 — An act to provide for the employment of an expert in agricultural and 
 
 matters relating thereto by the governing boards of irrigation, reclamation and 
 
 drainage districts. 
 
 History: Approved April 3, 1913. In effect August 10, 1913. Stats. 
 1913, p. 75. 
 
 Expert in agriculture for irrigation districts. 
 
 § 1. The board of directors, board of trustees or other governing body of any irriga- 
 tion, reclamation or drainage district organized and existing under the laws of the 
 State of California is hereby authorized to employ an expert in agricultural and 
 matters relating thereto, and such assistants as may be deemed necessary to supervise 
 the construction of works for the irrigation or protection of lands within the district 
 to advise with the owners of lands within the district, or any other persons engaged in 
 farming such lands, as to methods of increasing the productiveness of such lands as to 
 the kinds of crops to be raised or as to any matters of husbandry, and to conduct such 
 experiments and perform such other duties for the general welfare of the people of 
 their district as the board may prescribe. 
 
 DELEGATES ON RURA.L CREDITS AND AGRICULTURAL FINANCE 
 
 COMMISSION. 
 
 ACT 94 — An act authorizing the appointment of two delegates from California as 
 members of a commission which is to investigate European systems of rural credits 
 and report thereon, and making an appropriation therefor. 
 
 History: Approved April 18, 1913. In effect August 10, 1913. Stats. 
 1913, p. 36. 
 
 Bnral credits. 
 
 Whereas, Under the auspices of the southern commercial congress a commission com- 
 posed of two delegates from each state is to be sent to Europe, during 1913, to study 
 systems of rural credit and co-operative agricultural societies, and 
 
 Whereas, Said commission is to embody the result of its investigations in a report 
 with a view of establishing in this country a system of agricultural finance and rural 
 credits, and 
 
 Whereas, The congress of the United States has duly approved the project of sending 
 said commission to Europe, and 
 
 Whereas, It is eminently fitting that delegates should be sent from California to take 
 part in the work of the commission with a view to aiding the farmers of our state, 
 therefore. 
 The people of the State of California do enact as follows: 
 
 Delegates. 
 
 $ 1. The governor is authorized to appoint two delegates from California who shall 
 take part in the commission which, under the auspices of the southern commercial
 
 49 agriculture:. Acts 95, 96, §§ 1, 2 
 
 congress, is to visit, during 1913, the various countries of Europe and there investigate 
 the different systems of co-operative agricultural societies and rural credits and to 
 report thereon with a view to establishing in this country a sound system of rural 
 credits and agricultural finance. 
 
 Appropriation. 
 
 § 2. The sum of three thousand dollars, or so much thereof as may be necessary, is 
 hereby appropriated to pay the expenses, traveling and otherwise, of said delegates 
 "Vhile serving as members of the said commission, and the state controller is hereby 
 auJ;horized to draw his warrant for the same in favor of the commission hereundei 
 appointed and the state treasurer is directed to pay the same. 
 
 AGRICULTURAL EXTENSION WORK. 
 ACT 95 — An act empowering county boards of supervisors to appropriate and use 
 county funds for the support and maintenance of extension work in agriculture iu 
 co-operation with the United States department of agriculture and the University of 
 California. 
 
 History: Approved May 18, 1915. In effect August 8, 1915. Stats. 
 1915, p. 572. 
 
 Supervisors may support university extension work. 
 
 $ 1. The boards of supervisors of the respective counties within the state are 
 
 hereby empowered to appropriate and use county funds in not to exceed the amount 
 
 of ten thousand dollars for any one year, for the support and maintenance within their 
 
 respective counties of extension work in agriculture under the approval of the United 
 
 States department of agriculture and in co-operation with the University of California. 
 
 DEPARTMENT OF AGRICULTURE. 
 ACT 96 — An act creating a department of agriculture, providing for its organization 
 and declaring its functions; transferring to said department the powers and duties 
 of various state agencies and the unexpended balances of their appropriations and 
 funds; prohibiting certain acts, and prescribing penalties for violation of the pro- 
 visions hereof. 
 
 History: Approved May 16, 1919. In effect July 22, 1919. Stats. 
 1919, p. 542. 
 
 Department of agriculture created. Director. 
 
 § 1. A department of the government of the state of California to be known as the 
 department of agriculture is hereby created. The department shall be conducted under 
 the control of an executive officer to be known as director of agriculture, which office 
 is hereby created. The director shall be appointed by and hold office at the pleasure 
 of the governor, and shall receive a salarj' of five thousand dollars per annum. Before 
 entering upon the duties of his office, the director shall execute an official bond to the 
 state of California in the penal sum of twenty-five thousand dollars, conditioned upon 
 the faithful performance of his duties. He shall maintain his office at Sacramento, 
 and shall adopt and keep an official seal. He shall act as chief of one of the divisions 
 herein created. 
 
 Divisions. 
 
 ^ 2. For the purpose of administration, the department shall be organized by the 
 director in such manner as, with the approval of the governor, shall be deemed neces- 
 sary to properly segregate and conduct the work of the department. The work of the 
 department shall be divided into at least two divisions: One to be known as the divi- 
 sion of plant industry and one as the division of animal industry. The director shall 
 adopt such rules and regulations not inconsistent with law as may be necessary to 
 
 Gen. Laws — 4
 
 Act 96, §§ 3-5 GENERAL, LAWS. 50 
 
 govern the activities of the department. He shall have the power to arrange and 
 classify the work of the department and to assign to each of the officers thereof such 
 duties and labors as he may see fit. 
 
 Appointments "by director. Civil service exemptions. 
 
 $ 3. The director shall have power, except as otherwise provided herein, to appoint 
 heads of divisions and such assistants, agents, experts, and other employees as are 
 necessary for the administration of the affairs of the department to prescribe their 
 duties and, subject to the approval of the governor, to fix the salaries; provided, that 
 the director or other officer of the department shall have no authority on the part of 
 the state to incur obligations exceeding the amount of moneys made available by law 
 for the support of the department. The heads of divisions, assistants, agents, experts 
 and other employees appointed by the director shall execute to the state such official 
 bonds as the director may determine and require. The head of each division and one 
 position under him of a confidential nature shall be exempt from the provisions of the 
 civil service law. The director and all officers, assistants and agents of the department 
 shall be civil executive officers. 
 
 Traveling expenses. 
 
 § 4. All heads of divisions, assistants, agents, experts and other employees of the 
 department shall be entitled to receive in addition to their salaries, their actual neces- 
 sary traveling expenses when away from their headquarters on state business. The 
 salaries and expenses of all heads of divisions, assistants, agents, experts and other 
 employees of the department shall be paid at the same time and in the same manner as 
 the salaries and expenses of other state officers are paid. 
 
 Powers and duties of director. 
 
 $ 5. The director of agriculture may make investigations and prosecute actions con- 
 cerning all matters relating to the business activities and subjects under the jurisdiction 
 of the department as well as relating to the acts and the statistics referred to in section 
 nine of this act. In connection therewith he shall have the right to inspect books and 
 records and to hear complaints, administer oaths, certify to all official acts, and to issue 
 subpoenas for the attendance of witnesses and the production of papers, books, 
 accounts, documents and testimony in any inquiry, investigation, hearing or proceeding 
 pertinent or material thereto in any part of the state. 
 
 Power of subpoena. 
 
 In the event of the failure or the refusal of any witness to attend or testify or pro- 
 duce such papers, books, accounts or documents or give such testimony or in the event 
 of any disobedience of said subpoena, the superior court in and for the county, or city 
 and county, in which any inquiry, investigation or proceeding may be held by the 
 director of agriculture, shall have power to compel the attendance of said witness, the 
 giving of said testimony and the production of said papers, including books, accounts 
 and documents, as required by any subpoena issued by the director of agriculture. The 
 court upon petition of the director of agriculture shall enter an order directing the 
 witness to appear before the court at a time and place to be fixed by the court in such 
 order, the time to be not more than ten days from the date of the order, and then and 
 there show cause why he had not attended and testified or produced said papers before 
 the director of agriculture. A copy of said order shall be served upon said witness. 
 If it shall appear to the court that said subpoena was regularly issued by the director 
 of agriculture, the court shall thereupon enter an order that the said witness appear 
 before the director of agriculture at a time and place to be fixed in such order, and 
 testify or produce the required papers, and i;pon failure to obey said order, said wit- 
 ness shall be dealt with as for contempt of court. 
 
 f
 
 51 AGRICULTl RE. Act 96, §§ 6-8 
 
 Powers of officers. 
 
 The powers conferred upon the director of agriculture by the provisions of this 
 section may be exercised with like force and effect by such officers of the department 
 as the director may authorize and designate to conduct any such investigation or hear- 
 ing; provided, however, that except in his report to the director, or when called upon 
 to testify in any court or proceeding at law, any such officer who shall divulge any 
 information acquired by him from the private books, documents or papers of any 
 person, while acting or claiming to act under any such authorization or designation, in 
 respect to the confidential or private transactions, property or business of any person, 
 firm, association or corporation, shall be guilty of a misdemeanor and shall be dis- 
 qualified from acting in any official capacity in the department. In addition thereto, 
 such officer shall be liable in damages to any person, firm, association or corporation for 
 all injury resulting from such unlawful disclosure. 
 
 Report to governor. 
 
 $ 6, The director shall make a report to the governor at least sixty days before the 
 commencement of each biennial session of the legislature. Such report shall give an 
 account of all matters pertaining to his department, together with any recommendations, 
 and shall specifically set forth a statement of the expenditures made by the department 
 during the period up to and including the thirtieth day of June preceding said session. 
 There shall also be set forth in such report a statement of the organization plan of 
 the department, together with the number of classes of officers and employees in the 
 department and the compensation paid the same. 
 
 Duty of attorney general. 
 
 § 7. The attorney general shall be the legal adviser of the department in all matters 
 relating to the department and to the powers and duties of its officers. Upon request 
 of the director, the attorney general, or under his direction, the district attorney of 
 any county in which the action is brought, shall aid in any investigation, hearing, 
 prosecution or trial had under the laws which the director is required to administer, 
 and shall institute and prosecute all necessarj' actions or proceedings for the enforce- 
 ment of such laws and for the punishment of all violations thereof. The sheriffs and 
 constables in the several counties shall execute all lawful orders of the director in such 
 counties. 
 
 Powers of existing boards, etc., transferred. Offices abolished. 
 
 § 8. The director of the department of agriculture shall succeed to and is hereby 
 vested with all the duties, powers, purposes, responsibilities and jurisdiction of the 
 state commissioner of horticulture, of the state board of horticultural examiners, of 
 the state dairy bureau, of the state veterinarian, of the stallion registration board, of 
 the state board of viticultural commissioners, of the board of citrus fruit shipments, 
 of the cattle protection board and of the several officers of such bodies and offices ; and 
 whenever by the provisions of any statute or law now in force or that may hereafter 
 be enacted as a duty or jurisdiction is imposed or authority conferred upon any of 
 said bodies, offices or officers, such duty, jurisdiction and authority are hereby imposed 
 upon and transferred to the director of the department of agriculture the same as 
 though the title of the director of the department of agriculture had been specifically 
 set forth and named therein. Said bodies, offices and officers whose duties, powers, 
 purposes and responsibilities are so transferred to and vested in the director of the 
 department of agriculture, are and each of them is hereby abolished and shall have no 
 further legal existence, but the statutes and laws under which they existed and all 
 laws prescribing their duties, powers, purposes and responsibilities and jurisdiction 
 together with all lawful rules and regulations established thereunder, are hereby
 
 Act96, §§9. 10 GENERAL LAWS. 53 
 
 expressly continued in force. The department of agriculture shall also succeed to and 
 be in control of all records, books, papers, offices, equipment, supplies, moneys, funds, 
 appropriations, land and other property, real or personal, now or hereafter held for 
 the benefit or use of said bodies, offices and officers. 
 
 Laws to be enforced. Powers transferred to director. 
 
 § 9. The director of the department of agriculture is hereby vested with the power 
 and is charged with the duty of administering and enforcing the following laws : 
 
 An act to regulate the sale of commercial fertilizers or materials used for manurial 
 purposes, and to provide penalties for the infractions thereof, and means for the 
 enforcement of the act, approved March 20, 1903, and all acts amending or supple- 
 menting said act. 
 
 An act to prevent the propagation by the production of seed of that certain plant 
 known as Sorghum halepense, otherwise known as Johnson grass, approved March 20, 
 1903, and all acts amending or supplementing said act. 
 
 An act to regulate the manufacture, sale, adulteration and misbranding of insecti- 
 cides or fungicides or materials used for insecticidal or fungicidal purposes and to 
 provide penalties for the infraction thereof and to appropriate money therefor, ap- 
 proved May 1, 1911, and all acts amending or supplementing said act. 
 
 An act to regulate the production of certified milk, cream, ice cream, butter and 
 cheese; and repealing an act entitled "An act to regulate the production of certified 
 milk," approved March 18, 1909, and all acts and parts of acts inconsistent with this 
 act, approved April 25, 1913, and all acts amending or supplementing said act. 
 
 An act prohibiting the destruction of foodstuffs, food products or food articles, 
 approved June 5, 1913, and all acts amending or supplementing said act. 
 
 Wherever in any of the statutes enumerated in this section or in any of the statutes 
 amending or supplementing the same, a duty or jurisdiction is imposed or authority 
 conferred upon any state board, commission, office or officer to administer the pro- 
 visions of any of said statutes, such duty, jurisdiction and authority are hereby 
 imposed upon and transferred to the director of the department of agriculture and the 
 officers thereof with the same force and effect as if the name of the director of the 
 department of agriculture occurred in the statute in each instance in lieu of the name 
 of any board, commission, office or officer, or in lieu of the name of any member, deputy, 
 assistant or employee thereof, as the case may be. 
 
 Authority to spend money on hand. 
 
 § 10. From and after the date upon which this act takes effect, the director shall 
 be and is hereby authorized and empowered to expend the moneys in any appropria- 
 tion or in any special fund in the state treasury now remaining or made available by 
 law for the administration of the provisions of any of the statutes enumerated in 
 section nine hereof or for the use, support, or maintenance of any board, commission, 
 office or officer that is abolished by the provisions hereof and whose duties, powers and 
 functions are, by the provisions of this act, transferred to and conferred upon the 
 department of agriculture. Such expenditures by the director shall be made in accor- 
 dance with law in carrying on the work for which such appropriations were made 
 or such special funds created. 
 
 AGRICULTURE, DEPARTMENT OF. 
 
 See tit. "Agriculture."
 
 63 ALAMEDA CITY. Acts 104-101 
 
 CHAPTER 6. 
 ALAMEDA CITY. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 104. Freeholders' Charter. 
 
 106. Street Extension and Widening. 
 
 107. Extension of Certain Streets. 
 
 108. School Building Fund. 
 
 109. Salt Marsh and Tide Land Grant. 
 
 FREEHOLDERS' CHARTER OF THE CITY OF ALAMEDA: 
 ACT 104 — Charter of Alameda. 
 
 History: Freeholders' charter, ratified at a special municipal eleo- 
 tion held January 9, 1917. Filed with the secretary of state Janu- 
 ary 25, 1917, Stats. 1917, p. 1752. Amended: Amendments ratified at 
 a regular municipal election held March 11, 1919. Filed with the 
 secretary of state April 11, 1919, Stats. 1919, p. 1481. Originally 
 Incorporated April 19, 1854, Stats. 1854, p. 76. Again incorporated 
 March 7, 1872, Stats. 1871-72, p. 276. (Amended March 18, 1874,, Stats. 
 1873-74, p. 448; March 20, 1876, Stats. 1875-76, p. 367.) Reincorporated 
 February 21, 1878, Stats. 1877-78, p. 89. Incorporated as a city of the' 
 fifth class under the general Municipal Incorporation Act of 1883. 
 Incorporated under a freeholders' charter ratified at a special muni- 
 cipal election July 18, 1906, approved February 7, 1907, Stats. 1907, 
 p. 1051. Amended: Amendment ratified at a general municipal elec- 
 tion April 10, 1911. Filed with the secretary of state January 27, 1913, 
 Stats. 1913, p. 1454. Amendment ratified at a general municipal elec- 
 tion April 14, 1913. Filed with the secretary of state June 2, 1913, 
 Stats. 1913, p. 1720. 
 
 Charter of 1907 — Control of streets — Build- apply to a fraternal organization or Its 
 
 Ing- removal. — Under the charter of 1907, clubhouse, but is designed merely to limit 
 
 authorizing the city "to manage and control and restrict the business of selling such 
 
 the streets," Alameda had power to pass an liquors. — Varcoe v. Alameda Local No. 1015, 
 
 ordinance regulating the removal of build- B. P. O. E., 174 Cal. 549, 550, 163 Pac. 909. 
 
 ings along and upon streets. — Robinson v. Note: The provision referred to is not in 
 
 Otis, 30 Cal. App. 7C9, 159 Pac. 441. the present charter. 
 
 Same — Clubhouse not a saloon. — The pro- Same — Retail butcher business. — The city- 
 vision of section 1, article X, charter of Ala- has the power to impose a license upon re- 
 meda City (Stats. 1907, p. 1093), making it tail butchers, either for regulation or rev- 
 unlawful to establish, open, keep, maintain, enue, and for that purpose a division into 
 or carry on, any saloon, bar, store, dram- two classes based upon whether any vehi- 
 shop, tippling place, stand or any place, cles are used in such business, and if so, 
 where spirituous, malt or fermented liquors how many, is a fair and reasonable classifl- 
 or wines, are sold or given away without cation. — Bramman v. Alameda, 162 Cal. 648 
 permission pursuant to ordinance, does not 124 Pac. 243. 
 
 STREET EXTENSION AND WIDENING. 
 
 ACT 106 — An act in relation to certain streets in the Town of Alameda. 
 
 History: Approved March 30, 1874, Stats, 1873-74, p. 795. 
 
 Extension of streets. — This act authorized certain portions of Third avenue and the 
 
 the extension of Santa Clara (Jefferson) av- extension of Buena Vista avenue from Pros- 
 
 enue to West End avenue; Railroad avenue pect to Third avenue. It also provided for 
 
 to West End avenue; and the opening of the widening of Park street. 
 
 EXTENSION OF STREETS. 
 ACT 107 — An act in relation to certain streets in the Town of Alameda. 
 
 History: Approved April 1, 1878, Stats. 1877-78, p. 964. Prior act 
 repealed: Act of March 23, 1876, Stats. 1875-76, p. 424. 
 
 This act provided for the extension of commenced four months after repeal of act 
 
 certain streets. authorizing the same are null and void.— 
 
 Street opening — Proceedings initiated nn- Colien V. Gray, 70 Cal. 85, 11 Pac. 508. 
 der repealed act. — Proceedings to open street
 
 Acts lOS, 100, § 1 GGIVKRAL. LAWS. &4 
 
 SCHOOL BUILDING FUND. 
 ACT 108 — An act to provide funds for the school department of the town of Alameda. 
 History: Approved March 28, 1878, Stats. 1877-78, p. 599. 
 Bond issue for school building purposes. — Act authorized issue of $5u.000. 
 
 SALT MARSH AND TIDE LAND. 
 
 ACT 109 — An act granting to the city of Alameda the salt marsh, tide and submerged 
 
 lands of the state of California, including the right to wharf out therefrom to the 
 
 city of Alameda, and regulating the management, use and control thereof. 
 
 History: Approved June 11, 1913, Stats. 1913, p. 707. In effect 
 August 10, 1913. Amended May 24, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 907. 
 
 Tidelands granted to Alameda. 
 
 $ 1. There is hereby granted to the city of Alameda, a municipal corporation of the 
 state of California, and to its successors, all the right, title and interest of the state 
 of California, held by said state by virtue of its sovereignty, in and to all the salt 
 marsh, tide and submerged lands, whether filled or unfilled, within the present boundaries 
 of said city, and situated below the line of mean high tide of the Pacific ocean, or of 
 any harbor, estuary, bay or inlet within said boundaries, to be forever held by said 
 city, and by its successors, in trust for the uses and purposes, and upon the express 
 conditions following, to wit : 
 
 Conditions of grant. Franchises for wharves, etc. 
 
 That said lands shall be used by said city and its successors, solely for the estab- 
 lishment, improvement and conduct of a harbor, and for the construction, maintenance 
 and operation thereon of wharves, docks, piers, slips, quays, and other utilities, ware- 
 houses, factories, storehouses, structures and appliances necessary or convenient for 
 the promotion, benefit and accommodation of commerce and navigation, and said city, 
 or its successors, shall not, except as herein authorized, at any time, grant, convey, 
 give or alien said lands, or any part thereof, to any individual, firm or corporation for 
 any purpose whatever; provided, that said city, or its successors, may grant franchises 
 thereon, for limited periods, for wharves and other public uses and purposes, and may 
 lease said lands, or any part thereof, for limited periods, for purposes consistent with 
 the trusts upon which said lands are held by the state of California and th^s grant, 
 for a term not exceeding twenty-five years, and on such other terms and conditions as 
 said city may determine, including a right to renew such lease or leases for a further 
 term not exceeding twenty-five years or to terminate the same on such terms, reserva- 
 tions and conditions as may be stipulated in such lease or leases, and said lease or 
 leases may be for any and all purposes which shall not interfere with navigation or 
 commerce, with reversion to the said city on the termination of such lease or leases of 
 any and all improvements thereon, and on such other terms and conditions as the said 
 city may determine, but for no purpose which will interfere with navigation or com- 
 merce; subject also to a reservation in all such leases or such wharfing out privileges 
 of a street, or of such other reservation as the said city may determine for sewer out- 
 lets, and for gas and oil mains, and for hydrants, and for electric cables and wires, and 
 for such other conduits for municipal purposes, and for such public and municipal 
 purposes and uses as may be deemed necessary by the said city, upon compensation 
 being made for the injury and damage done to any improvement or structure thereon. 
 
 Owners of upland abutting to have preference. Grant to United States. 
 
 Provided, further, that in the granting of any and all such leases the city council 
 shall, whenever in its judgment it can reasonably do so, give preference to the owners of 
 upland abutting on the salt marsh, tide or submerged land proposed to be leased;
 
 55 ALAMEDA CITY. Act 109, § 2 
 
 l^-ovided, liowever, that the said city of Alameda may grant, give, convey and alien 
 such lands or any portion thereof, forever to the United States for public purposes of 
 the United States; provided, however, that no such grant shall be made unless author- 
 ized and approved by a vote of the majority of the electors of such municipal corpora- 
 tion voting upon the proposition of making such grant at an election therein, at which 
 such proposition shall have been submitted. 
 
 Right of city to rents, etc. 
 
 This grant shall carry the right to such city of the rents, issues and profits in any 
 manner hereafter arising from the lands or wharfing out privileges hereby granted. 
 
 Right to use wharves reserved to state. 
 
 The state of California shall have, at all times, the right, together with the city if 
 there be no lessee or licensee, or together with the lessee or licensee, if there be a 
 lessee or licensee, to use, without charge, all wharves, docks, piers, slips, quays con- 
 structed on said lands or any part thereof, except wharves, docks, piers, slips, quays 
 or other improvements constructed on such lands by the United States for public 
 purposes of the United States, for any vessel or other water craft, or railroad, owned 
 or operated by the state of California. 
 
 No discrimination in rates. 
 
 No discrimination in rates, tolls or charges for use or in facilities for any use or 
 service in connection with wharves, docks, piers, slips or quays or property operated 
 by the city, or property leased, the use of which is dedicated by the lessee or licensee 
 for a public use, shall ever be made, authorized or permitted. 
 
 Right to fish reserved. 
 
 There is hereby reserved in the people of the state of California the right to fish in 
 the waters on which said lands may front with the right of convenient access to said 
 waters over said lands for said purpose, such enjoyment of access and right to fish to 
 be regulated by ordinance of the city of Alameda, so as not to interfere, obstruct, 
 retard or limit the right of navigation or the rights of lessees or licensees under lease 
 or license given. 
 
 Leases affirmed. 
 
 All leases and licenses granted by ordinance of the city of Alameda prior to the 
 first day of April, one thousand nine hundred seventeen, and the terms and conditions 
 expressed therein are affirmed. [Amendment of May 24, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 907.] 
 
 $ 2. [Repealed May 24, 1917. Stats. 1917, p. 909.]
 
 Acts 124-146, § 1 
 
 GE^NERAL. LAAVS. 
 
 CHAPTER 7. 
 ALAMEDA COUNTY. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 124. Increase of Number of Supebioe Judges. 
 
 130. Eeceiving Hospital. 
 
 131. Control of Bridge Across San Antonio Estuaet. 
 
 INCREASE OF NUMBER OF SUPERIOR JUDGES. 
 
 ACT 124 — An act to increase the number of judges of the superior court of the county 
 
 of Alameda, and for the appointment of such additional judges. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 242. Prior acts increasing the number of judges: Act of 
 March 3, 1881, Stats. 1881, p. 19, increased the number from two to 
 three; Act of February 13, 1893, Stats. 1893, p. 3, increased the num- 
 ber from three to four; Act of March 14, 1901, Stats. 1901, p. 295, 
 increased the number from four to five; Act of April 6, 1909, Stats. 
 1909, p. 799, increased the number from five to six. The present act 
 increases the number to eight. 
 
 RECEIVING HOSPITAL. 
 
 ACT 130 — An act to authorize the board of supervisors of Alameda to establish • 
 receiving hospital in the city of Oakland. 
 
 History: Approved March 29, 1878, Stats. 1877-78, p. 640. 
 
 BRIDGE ACROSS SAN ANTONIO ESTUARY. 
 ACT 131 — An act giving control of the bridge across the estuary of San Antonio, in 
 the county of Alameda, to the supervisors of said county. 
 
 History: Approved December 21, 1877, Stats. 1877-78, p. 3. 
 
 ALAMEDA COUNTY WATER DISTRICT. 
 
 See tit. "Water Districts." 
 
 CHAPTER 8. 
 
 ALBANY. 
 References: fncorporation, etc., see, post. Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 146. Tide Land Grant. 
 
 TIDE LAND GRANT. 
 ACT 146 — An act granting certain tidelands and submerged lands of the state of 
 California to the city of Albany, and regulating the management, use and control 
 thereof. 
 
 History: Approved May 6, 1919. In effect July 22, 1919. Stats. 
 1919, p. 310. 
 
 Tidelands granted to city of Albany. Conditions of grant. 
 
 § 1. There is hereby granted to the city of Albany, a municipal corporation of the 
 state of California, and to its successors, all the right, title and interest of the state 
 of California, held by said state by virtue of its sovereignty in and to all tidelands 
 and submerged lands, whether filled or unfilled, which are included within the present 
 boundaries of the city of Albany, to be forever held by said city and by its successors 
 in trust for the use and purposes, and upon the express conditions following, to wit :
 
 57 ALHA:<IBRA — AI^IENS. Acts 147, 150 
 
 (a) That said lands shall be used by said city and its successors, only for the estab- 
 liyhment, improvement and conduct of a harbor, and for the construction, maintenance 
 and operation thereon of wharves, docks, piers, slips, quays, and other utilities, struc- 
 tures and appliances necessary or convenient for the promotion and accommodation of 
 commerce and navigation, and said city or its successors shall not, at any time, grant, 
 convey, give or alien said lands or any part thereof to any individual, firm or corpora- 
 tion, for any purposes whatever; provided, that said city or its successors may grant 
 franchises thereon, for limited periods, but in no event exceeding fifty years for 
 wharves and other public uses and purposes, and may lease said lands or any part 
 thereof for limited periods, but in no event exceeding fifty years, for the purposes 
 consistent with the trusts upon which said lands are held by the state of California, 
 and with the requirements of commerce or navigation at said harbor. 
 
 (b) That said harbor shall be improved by said city without expense to the state, 
 and shall always remain a public harbor for all purposes of commerce and navigation, 
 and the state of California shall have at all times the right to use, without charge, all 
 wharves, docks, piers, slips, quays and other improvements constructed on said lands, 
 or any part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California. 
 
 (c) That in the management, conduct or operation of said harbor, or of any of the 
 utilities, structures or appliances mentioned in paragraph (a), no discrimination in 
 rates, tolls, or charges or in facilities for any use or service in connection therewith 
 shall ever be made, authorized or permitted by said city or its successors. 
 
 (d) There is hereby reserved, however, in the people of the state of California 
 the absolute right to fish in all the waters of said harbor, with the right of convenient 
 access to said waters over said land for said purpose. 
 
 CHAPTER 9. 
 ALHAMBRA. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 147. Freeholders' Charter. 
 
 CHARTER OF THE CITY OF ALHAMBRA. 
 A.CT 147— Charter of Alhambra. 
 
 History: Freeholder charter voted for and ratified at a special 
 municipal election October 14, 1914. Filed with the secretary of 
 state January 30, 1915, Stats. 1915, p. 1740. 
 
 CHAPTER 10. 
 ALIENS. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 150. Licenses to Aliens. 
 
 151. Indexing Names op Persons Who Have Declared Intention. 
 
 152. Escheated Estates. 
 
 153. Fishing by Aliens. 
 
 155. Employment of Naturalized and Native Born Citizens in Public Offices. 
 
 156. Alien Land Law. 
 
 LICENSES TO ALIENS. 
 ACT 150 — An act to prohibit the issuance of licenses to aliens not eligible to become 
 electors of the state of California. 
 
 History: Approved April 12, 18S0, Stats. 1880, p. 39.
 
 4ot» 151-155 
 
 GENKRAL, LAAVS. 
 
 5S 
 
 Code i!omnilss!oners' note: "Unconstitu- 
 tional. — People V. Quong On Long, 6 Pac. 
 C. L. J. 192; see Pol. Code, § 3366, as amended 
 1901, p. 635." 
 
 the fourteenth amendment of the constitu- 
 tion of" the United States. — In re Ah Chong, 
 2 Fed. 733. 
 
 Admission as attorney. — See Kerr's Cyc 
 
 Unconstitutional and void as violative of Code Civil Procedure, S§ 275, 279. 
 
 INDEXING OF PERSONS WHO HAVE DECLARED INTENTION. 
 
 ACT 151 — An act to provide for indexing the names of persons who have declared 
 
 their intention to become or who have become citizens of the United States, in the 
 
 several courts of record in the state. 
 
 History: Approved February 8, 1872, Stats. 1871-72, p. 80, 
 
 Code commissioners' note: "Section 1 probably in force, section 2 superseded by fee bill 
 of 1895, p. 267." 
 
 ESCHEATED ESTATES. 
 ACT 152 — An act relative to escheated estates. 
 
 History: Approved April 19, 1856, Stats. 1856, p. 137. 
 
 When claim of escheated estate, time to 
 make. — See Kerr's Cyc. Political Code, 
 § 1269; Kerr's Cyc. Civil Code, §§ 672, 1404. 
 
 Constitutional — The act is constitutional. 
 — State V. Rogers, 13 Cal. 159. 
 
 Constitutional provisions as to aliens. — 
 See constitution, article I, § 17, and article 
 XIX, §§ 1, 4. 
 
 Inheritance by aliens. — See Kerr's Cyc. 
 Civil Code, § 1404. 
 
 Limitation of actions by. — See Kerr's Cyc. 
 Code Civil Procedure, § 354. 
 
 Non-resident aliens. — Interest escheats.— 
 See Kerr's Cyc. Civil Code. §§ 1404-1407. 
 
 Property risbts of aliens. — See Kerr's Cyc. 
 Civil Code, §§ 671, 672, 1404. See. also. 
 "Alien Land Law," post. Act 156. 
 
 Public employment. — See, post. Act 155. 
 
 Superseded. — Probably superseded. — See 
 Kerr's Cyc. Civil Code, §§ 671, 672, and 
 Kerrs Cyc. Code Civil Procedure, SS 1269- 
 1272. 
 
 FISHING BY ALIENS. 
 ACT 153 — An act relating to fishing in this state. 
 
 History: Approved April 23, 1880, Stats. 1880, p. 123. 
 
 Code commissioners' note: "Unconstitu- 
 tional; In re Ah Chong, 5 Pac. C. L. J. 451." 
 Hunting'. — See tit. "Game Laws." 
 Fishing:. — This act prohibited aliens. In- 
 
 capable of becoming citizens, from fishing 
 in the waters of the state. 
 
 Various rights of aliens. — See notes to, 
 
 ante. Act 152. 
 
 EMPLOYMENT OF NATIVE BORN AND NATURALIZED CITIZENS IN 
 
 PUBLIC OFFICES. 
 ACT 155 — An act to secure to native-born and naturalized citizens of the United States 
 the exclusive right to be employed in any department of the state, county, city and 
 county and city government in this state, except in certain schools, to validate cer- 
 tain acts, and to repeal all acts in conflict herewith. 
 
 History: Approved May 19, 1915. In effect August 8, 1915. Stats. 
 1915, p. 690. Prior acts: Act of April 3, 1880, Stats. 1880, p. 23, prob- 
 ably superseded by the Act of March 23, 1901, Stats. 1901, p. 589, which 
 was repealed by the present act. 
 
 Only citizens for public work. Exceptions. 
 
 § 1. No person except a native-born or naturalized citizen of the United States, 
 sHaII be employed in any department of the state, county, city and county or city 
 government in this state; provided, however, that nothing herein contained shall pro- 
 hibit the employment as a member of the faculty or teaching force in public schools 
 of this state, nor in schools supported in whole or in part by the state, of any person 
 who has declared his intention to become a citizen of the United States, nor of any 
 native-born woman of the United States who has tnarried a foreigner; and provided, 
 further, that the prohibitions of this act shall not apply to any member of the faculty 
 or teaching force of any college or university supported in whole or in part by the
 
 50 ALIEXS. Act 156, §§ 1, 2 
 
 state, nor to any specialists or expert temporarily employed by any department of the 
 state, or any county, city and county or city and engaged in special investigation. 
 
 JQnlawful to employ persons other than citizens. 
 
 $ 2. It shall be unlawful for any person, whether elected, appointed or commissioned 
 to fill any office in either the state, county, city and county or city government of this 
 state, or in any department thereof, to appoint or employ any person to perform any 
 duties whatsoever, unless such person so appointed or employed be a native-born or 
 naturalized citizen of the United States, subject nevertheless, to the exceptions con- 
 tained in section one of this act. 
 
 No payment for persons other than citizens. 
 
 § 3. No money shall be paid out of the state treasury or out of the treasury of any 
 county, or city and county or city, to any person employed in any of the offices men- 
 tioned in section two of this act unless such person shall be a native-born or naturalized 
 citizen of the United States, subject to the exceptions contained in section one of this 
 act. 
 
 Term defined. 
 
 $ 4. As used in this act the term "person who has declared his intention to become 
 a citizen ' ' shall not include any person who fails to secure his certificate of naturaliza- 
 tion within six months after the time that he is entitled by law to secure the same. 
 
 Previous pa3mients validated. 
 
 $ 5. No action shall be authorized or maintained for the recovery of money hereto- 
 fore paid to any member of the faculty or teaching force of any public school of this 
 state, or any school, college or university supported in whole or in part by the state, 
 and all payments so made are hereby approved and declared valid. 
 
 Repealed. 
 
 $ 6. An act entitled, "An act to secure to native-born and naturalized citizens of 
 the United States the exclusive right to be employed in any department of the state, 
 county, city and county, or incorporated city or town government in this state," ap- 
 proved March 23, 1901, is hereby repealed and all other acts or parts of acts in coe- 
 flict with this act are hereby repealed. 
 
 ALIEN LAND LAW. 
 ACT 156— An act relating to the rights, powers and disabilities of aliens and of certain 
 companies, associations and corporations with respect to property in this state pro- 
 viding for escheats in certain cases, prescribing the procedure therein, requiring 
 reports of certain property holdings to facilitate the enforcement of this act, pre- 
 scribing penalties for violation of the provisions hereof, and repealing all acts or 
 parts of acts inconsistent or in conflict herewith. 
 
 History: Initiative act submitted to the people at the general 
 election of November 2, 1920, and adopted. In effect December 9, 1920. 
 
 $ 1. All aliens eligible to citizenship under the laws of the United States may 
 acquire, possess, enjoy, transmit and inherit real property, or any interest therein in 
 this state, in the same manner and to the same extent as citizens of the United States 
 except as otherwise provided by the laws of this state. 
 
 $ 2. All aliens other than those mentioned in section one of this act may acquire 
 possess, enjoy and transfer real property, or any interest therein, in this state in the 
 manner and to the extent and for the purpose prescribed by any treaty now existing 
 between the government of the United States and the nation or country of which such 
 alien is a citizen or subject, and not otherwise.
 
 Act 15C, §§ 3-5. GENERAL LAWS. 
 
 60 
 
 $ 3. Any company, association or corporation organized under the laws of this or 
 any other state or nation, of which a majority of the members are aliens other than 
 those specified in section one of this act, or in which a majority of the issued capital 
 stock is owned by such aliens, may acquire, possess, enjoy and convey real property, 
 or any interest therein, in this state, in the manner and to the extent and for the pur- 
 poses prescribed by any treaty now existing between the government of the United 
 States and the nation or country of which such members or stockholders are citizens 
 or subjects, and not otherwise. Hereafter all aliens other than those specified in section 
 one hereof may become members of or acquire shares of stock in any company, associa- 
 tion or corporation that is or may be authorized to acquire, possess, enjoy or convey 
 agricultural land, in the manner and to the extent and for the purposes prescribed by 
 any treaty now existing between ^the government of the United States and the nation 
 or country of which such alien is a citizen or subject, and not otherwise. 
 
 § 4, Hereafter no alien mentioned in section two hereof and no company, association 
 or corporation mentioned in section three hereof, may be appointed guardian of that 
 portion of the estate of a minor which consists of property which such alien or such 
 company, association or corporation is inhibited from acquiring, possessing, enjoying 
 or transferring by reason of the pro\'isions of this act. The public administrator of 
 the proper county, or any other competent person or corporation, may be appointed 
 guardian of the estate of a minor citizen whose parents are ineligible to appointment 
 under the provisions of this section. 
 
 On such notice to the guardian as the court may require, the superior court may 
 remove the guardian of such an estate whenever it appears to the satisfaction of the 
 court : 
 
 (a) That the guardian has failed to file the report required by the provisions of sec- 
 tion five hereof; or 
 
 (b) That the property of the ward has not been or is not being administered with 
 due regard to the primary interest of the ward ; or 
 
 (c) That facts exist which would make the guardian ineligible to appointment in the 
 first instance; or 
 
 (d) That facts establishing any other legal ground for removal exist. 
 
 § 5. (a) The term "trustee" as used in this section means any person, company, 
 association or corporation that as guardian, trustee, attorney-in-fact or agent, or in 
 any other capacity has the title, custody or control of property, or some interest therein, 
 belonging to an alien mentioned in section two hereof, or to the minor child of such 
 an alien, if the property is of such a character that such alien is inhibited from acquir- 
 ing, possessing, enjoying or transferring it. 
 
 (b) Annually on or before the thirty-first day of January every such trustee must 
 file in the office of the secretary of state of California and in the ofl&ce of the county 
 clerk of each county in which any of the property is situated, a verified written report 
 showing : 
 
 (1) The property, real or personal, held by him for or on behalf of such an alien or 
 minor ; 
 
 (2) A statement showing the date when each item of such property came into his 
 possession or control; 
 
 (3) An itemized account of all expenditures, investments, rents, issues and profits in 
 respect to the administration and control of such property with particular reference to 
 holdings of corporate stock and leases, cropping contracts and other agreements in 
 respect to land and the handling or sale of products thereof. 
 
 (c) Any person, company, association or corporation that violates any provision of 
 this section is guilty of a misdemeanor and shall be punished by a fine not exceeding
 
 Rl ALIENS. Act 156, §8 6-9 
 
 one thousand dollars or by imprisonment in the county jail not exceeding one year, or 
 by both such fine and imprisonment. 
 
 (d) The provisions of this section are cumulative and are not intended to change 
 the jurisdiction or the rules of practice of courts of justice. 
 
 § 6. Whenever it appears to the court in any probate proceeding that by reason of 
 the provisions of this act any heir or devisee can not take real property in this state 
 or membership or shares of stock in a company, association or corporation which, but 
 for said provisions, said heir or devisee would take as such, the court, instead of order- 
 ing a distribution of such property to such heir or devisee, shall order a sale of said 
 property to be made in the manner provided by law for probate sales of property and 
 the proceeds of such sale shall be distributed to such heir or devisee in lieu of such 
 property. 
 
 § 7. Any real property hereafter acquired in fee in violation of the provisions of 
 this act by any alien mentioned in section two of this act, or by any company, associa- 
 tion or corporation mentioned in section three of this act, shall escheat to, and become 
 and remain the property of the state of California. The attorney general or district 
 attorney of the proper county shall institute proceedings to have the escheat of such 
 real property adjudged and enforced in the manner provided by section four hundred 
 seventy-four of the Political Code and title eight, part three of the Code of Civil 
 Procedure. Upon the entry of final judgment in such proceedings, the title to such leal 
 'property shall pass to the state of California. The provisions of this section and of sec- 
 tions two and three of this act shall not apply to any real property hereafter acquired 
 in the enforcement or in satisfaction of any lien now existing upon, or interest in such 
 property, so long as such real property so acquired shall remain the property of the 
 alien, company, association or coi-poration acquiring the same in such manner. No 
 alien, company, association or corporation mentioned in section two or section three 
 hereof shall hold for a longer period than two yeara the possession of any agricultural 
 land acquired in the enforcement of or in satisfaction of a mortgage or other lien here- 
 after made or acquired in good faith to secure a debt. 
 
 § 8. Any leasehold or other interest in real property less than the fee, hereafter 
 acquired in violation of the provisions of this act by any alien mentioned in section 
 two of this act, or by any company, association or corporation mentioned in section 
 three of this act, shall escheat to the state of California. The attorney general or dis- 
 trict attorney of the proper county shall institute proceedings to have such escheat 
 adjudged and enforced as provided in section seven of this act. In such proceedings 
 the court shall determine and adjudge the value of such leasehold or other interest in 
 such real property, and enter judgment for the state for the amount thereof together 
 with costs. Thereupon the court shall order a sale of the real property covered by such 
 leasehold, or other interest, in the manner provided by section twelve hundred seventy- 
 one of the Code of Civil Procedure. Out of the proceeds arising from such sale, the 
 amount of the judgment rendered for the state shall be paid into the state treasury and 
 the balance shall be deposited with and distributed by the court in accordance with the 
 interest of the parties therein. Any share of stock or the interest of any member in a 
 company, association or corporation hereafter acquired in violation of the provisions 
 of section three of this act shall escheat to the state of California. Such escheat shall 
 be adjudged and enforced in the same manner as provided in this section for the 
 escheat of a leasehold or other interest in real property less than the fee. 
 
 § 9. Every transfer of real property, or of an interest therein, though colorable in 
 form, shall be void as to the state and the interest thereby conveyed or sought to be 
 conveyed shall escheat to the state if the property interest involved is of such a charac- 
 ter that an alien mentioned in section two hereof is inhibited from acquiring, possess- 
 ing, enjoying or transferring it, and if the conveyance is made with intent to prevent, 
 evade or avoid escheat as provided for herein.
 
 Act 156, §§ 10-14 GENERAL, LAWS. Ci 
 
 A prima facie presumption that the conveyance is made with snch intent shall arise 
 upon proof of any of the following groups of facts : 
 
 (a) The taking of the property in the name of a person other than the persons men- 
 tioned in section two hereof if the consideration is paid or agreed or understood to be 
 paid by an alien mentioned in section two hereof; 
 
 (b) The taking of the property in the name of a company, association or corporation, 
 if the memberships or shares of stock therein held by aliens mentioned in section two 
 hereof, together with the memberships or shares of stock held by others but paid for or 
 agreed or understood to be paid for by such aliens, would amount to a majority of the 
 membership or the issued capital stock of such company, association or corporation; 
 
 (e) The execution of a mortgage in favor of an alien mentioned in section two hereof 
 if said mortgagee is given possession, control or management of the property. 
 
 The enumeration in this section of certain presumptions shall not be so construed 
 as to preclude other presumptions or inferences that reasonably may be made as to the 
 existence of intent to prevent, evade or avoid escheat as provided for herein. 
 
 § 10. If two or more persons conspire to effect a transfer of real property, or of an 
 interest therein, in violation of the provisions hereof, they are punishable by imprison- 
 ment in the county jail or state penitentiary not exceeding two years,. or by a fine not 
 exceeding five thousand dollars, or both, 
 
 § 11. Nothing in this act shall be construed as a limitation upon the power of the 
 state to enact laws with respect to the acquisition, holding or disposal by aliens of 
 real property in this state. 
 
 $ 12. All acts and parts of acts inconsistent or in conflict with the provisions hereof 
 are hereby repealed; provided, that — 
 
 (a) This act shall not affect pending actions or proceedings, but the same may be 
 prosecuted and defended with the same effect as if this act had not been adopted ; 
 
 (b) No cause of action arising under any law of this state shall be affected by reason 
 of the adoption of this act whether an action or proceeding has been instituted thereon 
 at the time of the taking effect of this act or not and actions may be brought upon such 
 causes in the same manner, under the same terms and conditions, and with the same 
 effect as if this act had not been adopted; 
 
 (c) This act in so far is it does not add to, take from or alter an existing law, shall 
 be construed as a continuation thereof. 
 
 $ 13. The legislature may amend this act in furtherance of its purpose and to facili- 
 tate its operation. 
 
 § 14. If any section, subsection, sentence, clause or phrase of this act is for any rea- 
 son held to be unconstitutional, such decision shall not affect the validity of the remain- 
 ing portions of this act. The people hereby declare that they would have passed this 
 act, and each section, subsection, sentence, clause and phrase thereof, irrespective of 
 the fact that any one or more other sections, subsections, sentences, clauses or phrases 
 be declared unconstitutional. 
 
 As to suit to quiet title of alien against Rights of aliens In seneral. — See, ante, 
 
 state, where title was acquired prior to en- Act 152. 
 actment of Alien Land Law, see, post. Act 
 4830a. 
 
 ALPINE COUNTY. 
 See Kerr's Cyc. Political Code. 
 
 ALTURAS. 
 
 See Act 3094, note. 
 
 ALVISO. 
 See Act 3094, note.
 
 63 AMADOR CITY. Acta 176-186 
 
 CHAPTER IL 
 AMADOR CITY. 
 
 CONTENTS OF CHAPTER. 
 ACT 176. Hogs and Goats Eunninq at Large. 
 
 HOGS AND GOATS. 
 
 ACT 176 — An act to prevent hogs and goats running at large in Amador city, Amador 
 
 county. 
 
 History: Approved March 30, 1874, Stats. 1873-74, p. 905. 
 
 Code commissioners say this act was repealed by the general estray law; but see editor's 
 note to chapter on "Estrays." 
 
 CHAPTER 12. 
 AMADOR COUNTY. 
 
 CONTENTS OF CHAPTER. 
 ACT 185. Portion of El Dorado County Added To. 
 
 186. Indebtedness Prior to Organization. 
 
 187. Amador and Nevada Wagon Eoad. 
 
 188. Trespassing of Goats on Enclosed Land. 
 
 189. Hogs and Goats Running at Large. 
 
 PORTION OF EL DORADO COUNTY ADDED TO. 
 ACT 185 — An act to attach a portion of El Dorado county to the county of Amador. 
 History: Approved April 16, 1855, Stats. 1855, p. 113. 
 Election to divide county. — See act of May 10. 1854, Stats. 1854, p. 156. 
 
 INDEBTEDNESS PRIOR TO ORGANIZATION. 
 ACT 186 — An act to provide for the ascertainment of the indebtedness of Calaveras 
 county, prior to the organization of Amador county; and to provide for the pay- 
 ment of that portion due from Amador county to the county of Calaveras. 
 History: Approved April 27, 1855, Stats. 1855, p. 165. 
 
 DlTlsIon of county — Division of indebted- est by a subsequent act of legislation. — 
 
 ness — The claim of the old county asainst Beals v. Amador County, 35 Cal. 624. 
 
 the new county, for the latter's proportion Same — Same — Same Special fund. The 
 
 of the indebtedness before division is of an provisions of § 9 as to creation of special 
 
 equitable nature, and legislation is required fund by Amador County to pay its propor- 
 
 to enforce Its payment.— Beals v. Supervi- tion of the Calaveras County indebtedness, 
 
 sors, 28 Cal. 449. did not contemplate that such fund should 
 
 Same — Same — Same — Cho-ses in action — be fully collected and paid into the county 
 Sale. — The provisions of § 9 does not con- treasury before any part of the fund could 
 template that choses in action should be be demanded in payment of the Indebted- 
 sold at public auction as required by the act ness for which it was provided, and pay- 
 of March 20, 1855, "to create a board of ment may be demanded at any time when 
 supervisors In the counties of this state and funds are in the hand of the treasurer to 
 to define their duties and powers," and meet the warrant. — Beals v. Evans, 10 Cal. 
 there is nothing In that act to restrict a 459. 
 
 county to exchange Its credits for Its debts. Payment of Amador's proportion of Cala- 
 
 if it so desires, and can find any one to veras County Indebtedness. — See act of 
 
 enter Into that kind of a contract. — Beals v. March 31, 1866, Stats. 1865-66, p. 471, and 
 
 Evans, 10 Cal. 459. the supplementary act of March 30, 1872, 
 
 Same — Same — Same — Interest. — The new Stats. 1871-72, p. 698. 
 county is not required to pay interest on Its Fnconstitutional. — The provisions of § 2 of 
 
 proportion of the Indebtedness due the old the act barring Calaveras County warrants 
 
 county, unless the legislative act requiring unless presented for registration to the au- 
 
 payment of the principal so provides. — ditor of the county before the day fixed is 
 
 Beals V. Supervisors, 28 Cal. 449. unconstitutional as an Impairment of the 
 
 Same — Same — Same — Same. — But the leg- obligation of contracts. — Robinson v. Magee. 
 
 islature may require such payment of inter- 9 Cal. 81, 70 Am. Dec. 638.
 
 ActslS7-195 GENERAl. LAWS. «4 
 
 AMADOR AND NEVADA WAGON ROAD. 
 
 ACT 187 — An act to authorize the board of supervisors of Amador county to declare 
 
 that portion of the Amador and Nevada wagon road which lies in Amador county a 
 
 toll road. 
 
 History: Approved April 1, 1878, Stats. 1877-78, p. 963. 
 
 Constitutionality. — Question of constitu- any franchise to other persons. — People ex 
 
 tionality is raised but not decided. — People rel. Williams v. Horsley, 65 Cal. 381, 4 Pac. 
 
 ex rel. Williams v. Horsley, 65 Cal. 381, 4 384. 
 
 Paii alii. Repealed. — Question as to whether it was 
 
 Grant of franchise — Effect of act. — The repealed by the act of February 28, 1883 
 act simply grants the franchise to the (Stats. 1883, pp. 5, 20), raised but not de- 
 county to collect tolls on the road, and does cided. — People ex rel. Williams v. Horsley, 
 not purport to authorize the county to grant 65 Cal. 381, 4 Pac. 384, 
 
 TRESPASSING OF GOATS. 
 ACT 188 — An act to prevent the trespassing of goats on enclosed lands in Amador 
 
 county. 
 
 History: Approved March 26, 1878, Stats. 1877-78, p. 536. 
 
 HOGS AND GOATS. 
 ACT 189 — Sutter Creek, town of, Amador county, preventing hogs and goats running 
 at large in. 
 
 History: Approved March 23, 1876, Stats. 1875-76, p. 402. 
 Code commissioners say this act was re- but see editor'^ note to chapter on "Estrays." 
 pealed by the general estray law of 1897; 
 
 CHAPTER 13. 
 AMERICAN WATER AND MINING COMPANY. 
 
 CONTENTS OF CHAPTER. 
 ACT 195. Extension of Woek. 
 
 EXTENSION OF WORKS. 
 ACT 195 — Authorizing American Water and Mining Company to extend its works. 
 
 History: Approved April 6, 1860, Stats. 1860, p. 155. Supplemented 
 March 21, 1872, Stats. 1871-72, p. 471. 
 Benefits of act conferred on assignees. — act were conferred upon George W. Reamer 
 By the supplemental act the benefits of the and associates, assignees of the company. 
 
 ANAHEIM. 
 See post Act 3094, note. 
 
 ANGELS. 
 See Act 3094, note. 
 
 CHAPTER 14. 
 
 ANIMALS. 
 
 References: See tits. "Cruelty to Animals"; "Estrays"; "Game Laws"; "Goats"; Hogs"; 
 "Live Stock"; "Sheep"; "Stallions"; "Trespassing Animals." 
 See, also, Kerr's Cyc. Penal Code, same and cognate titles. 
 Dog, property in, larceny of, value of. See Kerr's Cyc. Penal Code, § 47L 
 
 CONTENTS OF CHAPTER. 
 
 ACT 249. Destruction op Squirrels and Gophers. 
 
 250. Abatement of Squirrel Nuisance. 
 
 251. Destruction of Predatoey Animals.
 
 G5 ANIMALS. Acts 249-251, §§ 1-3 
 
 DESTRUCTION OF SQUIRRELS AND GOPHERS. 
 ACT 249 — An act to encourage the destruction of sauirrels and gophers in certain 
 counties of this state, and to provide for a hcunty for the same. 
 
 History: Approved March 16, 1870, Stats. 1869-70, p. 316, Amended 
 March 21, 1872, Stats. 1871-72, p. 474; March 23, 1872, Stats. 1871-72, 
 p. 532; April 1, 1872, Stats. 1871-72, p. 834. 
 
 Code commissioners say this act was su- This act applied to Alameda, Contra Costa, 
 
 perseded by the county government act em- Fresno, Stanislaus, Merced, San Joaquin, and 
 
 powering the county supervisors to provide Yolo counties. It was'repealed as to Stanis- 
 
 for the destruction of gophers, squirrels, laus county by an act for that purpose ap- 
 
 etc; but it is suggested that the true view proved March 28, 1876, Stats. 1875-76, p. 513; 
 
 should be that the act continues in force and as to Alameda county, by an act ap- 
 
 until the supervisors exercise the power, proved January) 11, 1872, Stats. 1871-72, p. 
 
 and is suspended only while there is a 18; and as to Contra Costa county, by the 
 
 county ordinance in effect. amendatory act of April 1, 1872, Stats. 1871- 
 
 72, p. 834. 
 
 ABATEMENT OF SQUIRREL NUISANCE. 
 
 ACT 250 — An act to abate the squirrel nuisance in Stanislaus, Santa Ctvlz, San Joaquin, 
 
 Merced, Fresno, San Benito, Tulare, San Mateo, Santa Clara, Monterey, and Kern 
 
 counties, State of California. 
 
 History: Approved March 7, 1876, Stats. 1875-76, p. 143. 
 
 As to effect of county government act, see An act approved March 31, 1876, Stats, 
 
 note to, ante. Act 249. 1875-76, p. 637, made the provisions of this 
 
 act applicable to San Luis O'O'^spo county. 
 
 DESTRUCTION OF PREDATORY ANIMALS. 
 
 ACT 251 — An act providing for the control and the destruction oi predatory animals, 
 
 vesting in the state commissioner of horticulture the administration of the provisioBb 
 
 herfeof, and defining his powers and duties in relation thereto. 
 
 History: Approved May 2, 1919. In effect July 2^, 1919. Stats. 
 1919, p, 178. 
 
 Control of predatory animals. 
 
 $ 1. The state commissioner of horticulture is hereby directed to investigate reports 
 of the depredations occasioned by predatory animals, to assist in instituting control 
 measures in localities where depredations are known to be serious and co-operate with 
 county board of supervisors. He may co-operate with the bureau of biological survey 
 of the United States department of agriculture, and may enter into contracts with said 
 bureau, determining the method of such co-operation, establishing uniform control 
 methods, and governing the supervision of all persons employed in such work. 
 
 Predatory animal fund. 
 
 § 2. The state commissioner of horticulture is hereby authorized to accept on behalf 
 of the state donations of money from individuals, associations, corporations, county 
 boards of supervisors, and other agencies interested in the control of coyotes and other 
 harmful predatory animals, all such moneys to be paid into the state treasury and 
 credited to the predatory animal fund which is hereby created to be expended only in 
 the control of coyotes and other harmful predator^' animals in accordance with the 
 terms and conditions fixed by the state commissioner of horticulture acting by and 
 through the rodent control division of his office. Monej's thus made available by any 
 county board of supervisors shall be expended solely within the boundaries of the 
 county making the appropriation, unless otherwise authorized by the supervisors of 
 that county. 
 
 Study and report on control measures, 
 
 § 3. The state commissioner of horticulture is hereby directed to investigate and 
 make a study of control measures and of existing laws of this and other states providing 
 
 Gen. l>aws — 5
 
 Act 282, §§ 1, 2 GBNBRAIi LAWS. M 
 
 for the control and destruction of predatory animals, and to prepare a report, accom- 
 panied by a draft of such legislative measures as he may recommend to the legislature 
 for adoption. Such report shall be printed by the superintendent of state printing, 
 and shall be submitted to the governor on or before the first day of November in the 
 year 1920, and shall be presented by him to the legislature at the opening of the forty- 
 fourth session. 
 
 Predatory animals ennmerated. — See Protection of crops from wild ducks. — Se« 
 
 Kerr's Cya Penal Code, i «8714. Kerr's Cyc Penal Code, f 62«%. 
 
 ANTIOCH. 
 8ee post Act 3094, note. 
 
 ANTONIO CREEK. 
 Bee Kerr's Cyc. Political Code, f 2349, 
 
 ANTWERP MESSENGER. 
 See Kerr's Cyc. Penal Code, $ 598a. 
 
 CHAPTER 14a. 
 APIARIES. 
 
 CONTENTS OF CHAPTER. 
 ACT 282. Apiary Inspection Act. 
 
 APIARY INSPECTION ACT. 
 ACT 282 — An act to promote the apicultural interests of the state of California by 
 providing county inspectors of apiaries, and defining their duties, and providing for 
 their compensation, and repealing the act entitled "An act to authorize the board 
 of supervisors of the several counties of this state to appoint inspectors of apiaries, 
 and provide for their compensation, and defining their duties, and for the further 
 protection of bee culture," approved March 13, 1883. 
 
 History: Approved February 20, 1901, Stats. 1901, p. 13. Amended 
 February, 10, 1903, Stats. 1903, p. 7. Former act of March 13, 1883, 
 Stats. 1883, p. 285, repealed. 
 
 County inspector of apiaries. 
 
 $ 1. Whenever a petition is presented to the board of supervisors of any county, 
 signed by ten or more persons, each of whom is a property-holder resident of the 
 county, and possessor of an apiary or place where bees are kept, stating that certain or 
 all apiaries within the county are infected with the disease known as "foul-brood," or 
 any other disease which is infectious or contagious in its nature, and injurious to the 
 bees, their eggs or larvae, and -prajing that an inspector be appointed by them, whose 
 duty it shall be to supervise the treatment of said bees and apiaries as herein provided, 
 the board of supervisors shall, within twenty (20) days thereafter, appoint a suitable 
 person, who shall be a skilled bee-keeper, inspector of apiaries. Upon petition of ten 
 persons, each of whom is a resident property holder and possessor of an apiary, the 
 board of supervisors may remove said inspector for cause, after a hearing of the petition. 
 
 Duties of inspectors. "Foul-brood" public nuisance. Expense county charge. 
 
 $ 2. It shall be the duty of the inspector in each county to cause an inspection to be 
 made, when he deems it necessary, of any or every apiary, or other place within his 
 jurisdiction in which bees are kept, and if found infected with foul-brood, or any other 
 
 J
 
 67 APIARIES. Act 282, §g 3-7 
 
 infectious or contagious disease injurious to the bees, or their eggs or larvae, he shall 
 notify the owner or owners, person or persons in charge, or in possession of said 
 apiaries or places where bees are kept, that the same are infected with foul-brood, or 
 any other disease infectious or contagious in its nature, and injurious to the bees, their 
 eggs or larvae, and he shall require such person or persons to eradicate and remove 
 such disease or cause of contagion within a certain time to be specified. Said notice 
 may be served upon the person or persons, or either of them, owning or having charge, 
 or having possession of such infected apiaries, or places where bees are kept, by any 
 inspector, or by any person dej^utized by the said inspector for that purpose, or they 
 may be served in the same manner as a summons in a civil action. Any and all such 
 apiaries, or places where bees are kept, found infected with foul-brood, or any other 
 infectious or contagious disease, are hereby adjudged and declared to be a public 
 nuisance; and whenever any such nuisance shall exist at any place within his jurisdic- 
 tion, or on the property of any non-resident, or on any property the owner or owners 
 of which can not be found by the inspector, after diligent search, within the county, or 
 upon the property of any owner or owners upon whom notice aforesaid has been served, 
 and who shall refuse or neglect to abate the same within the time specified, it shall be 
 the duty of the inspector to abate the same, either by treating the disease, or by destroy- 
 ing the infected hives, together with their combs and bees therein. The expense thereof 
 sKall be a county charge, and the board of supervisors shall allow and pay the same out 
 of the general fund of the county. 
 
 Must keep record. 
 
 $ 3. It shall be the duty of the county inspector of apiaries to keep a record of his 
 official acts and doings, and make a monthly report thereof to the board of supervisors; 
 and the board of supervisors may withhold warrants for salary of said inspector until 
 such time as said report is made. 
 
 Salary. 
 
 $ 4. The salary of the county inspector of apiaries shall be four dollars per day wlien 
 actually engaged in the performance of his duties, and itemized necessary traveling 
 expenses incuri'ed in the performance of his duties as prescribed in this act. [Amend- 
 ment of February 10, 1903. Stats. 1903, p. 7.] 
 
 Repeal of Act of 1883. 
 
 §5. An act entitled "An act to authorize the board of supervisors of the several 
 counties of this state to appoint inspectors of apiaries, and provide for their compensa- 
 tion, and defining their duties, and for the further protection of bee-culture," approved 
 March thirteenth, eighteen hundred and eighty-three, is hereby repealed. 
 
 Time of taking effect. 
 
 ^ 6. This act shall take effect and be in force from and after its passage. 
 
 Powers of inspectors. 
 
 $ 7. The inspector of apiaries may, in his discretion, order the owner, or owners, or 
 other person in charge of bees kept in box or other immovable or stationary epmb-hives 
 in apiaries infected with foul-brood or any other infectious or contagious disease, or 
 within a radius of three miles of such diseased apiaries, to transfer such bees to 
 movable frame hives within a reasonable time, to be specified in such order or notice 
 and in default of such transfer by the owner, or owners, or other person in charge of 
 such bees, the inspector may destroy, or cause to be destroyed, all such hives, together 
 with their contents, and the expense thereof shall be a county charge, as provided in 
 section two of this act. [New section added February 10, 1903. Stats. 1903, p. ".]
 
 Act 300, g 1 GBNE^RAL LAWS. 68 
 
 Imported bees. Must he inspected. 
 
 § 8. Any person or persons who shall import bees into the state of California, which 
 said bees are not accompanied with a certificate from a duly authorized inspector of 
 apiaries, or bee inspector, certifjdng that such bees are free from foul-brood and other 
 infectious or contagious diseases, or who shall import bees from another county within 
 this state not having a bee inspector, into a county having a bee inspector shall imme- 
 diately, upon the receipt of such bees, cause them to be inspected by a duly authorized 
 inspector of apiaries, and if such bees are found to be infected with foul-brood or other 
 infectious or contagiov;s disease, such inspector shall proceed to have such disease 
 eradicated as provided in section two of this act. Any person violating the provisions 
 of this section shall be deemed guilty of a misdemeanor. [New section added, Feb- 
 ruary 10, 1903. Stats. 1903, p. 7.] 
 
 "Foul-brood" not to be removed. 
 
 § 9. It shall be unlawful for any person owning or controlling bees within this state, 
 which are known to be infected with foul-brood or other infectious or contagious 
 disease, to remove said bees to a new location, without first giving ten days' notice to 
 the county inspector of apiaries, stating when and where he intends moving said bees. 
 Any person violating the provisions of this section shall be deemed guilty of a misde- 
 meanor. [New section added, February 10, 1903. Stats. 1903, p. 7.] 
 
 Infected apiary a misdemeanor. 
 
 § 10. Any person or persons whose apiary is infected with foul-brood or any other 
 infectious or contagious disease, and who sells, or offers for sale, from such infected 
 apiary any bees, hives, bee fixtures or appurtenances, or who shall expose in his bee 
 yara, or elsewhere, any infected comb-honey, beeswax, or other infected thing, or who 
 conceals the fact that his apiary is so infected, shall be deemed guilty of a misdemeanor. 
 [New section added, February 10, 1903. Stats. 1903, p. 7.] 
 
 Resisting inspector a misdemeanor. 
 
 $ 11. Any person or persons who shall resist, impede, or hinder in any way, the 
 inspector of apiaries in the discharge of his duties under the provisions of this act, 
 shall be deemed guilty of a misdemeanor. [New section added, February 10, 1903, 
 Stats. 1903, p. 7.] 
 
 As to bees, keeping and liability, see 97 Am. St. Rep. 290. 
 
 APPRENTICES. 
 See tit. "Orphan Asylums"; also, Kerr's Cyc. Civil Code, $$264, et seq. 
 
 CHAPTER 15. 
 APPROPRIATIONS. 
 
 CONTENTS OF CHAPTER. 
 ACT 300. General Appkofriation Bill of 1919. 
 
 GENERAL APPROPRIATIONS, 1919. 
 ACT 300 — An act making appropriations for the support of the government of the 
 state of California for the seventy-first and seventy-second fiscal years. 
 
 History: Approved May 27, 1919, except as to certain items listed 
 in statement dated May 27, printed at end of chapter. In effect imme- 
 diately. Stats. 1919, p. 1311. 
 
 General appropriations. 
 
 $ 1. The following sums of money are hereby appropriated out of any money in the 
 state treasury not otherwise aiDpropriated for the support of the government of the
 
 69 APPROPRIATIONS. Act 300, § 1 
 
 state of California for the seventy-first and seventy-second fiscal years; provided, that 
 in all cases in which statutory provision has already been made for salaries or for other 
 regular annual appropriations, the amounts herein appropriated shall be deemed to be 
 the same amount appropriated by such statutes and not additional thereto. 
 
 Legislative Department. 
 For salaries of senators, forty thousand dollars. 
 
 For mileage of lieutenant governor and senators, four thousand four hundred dollars. 
 For pay of oflScers, clerks and all other employees of the senate, fifty thousand dollars. 
 For contingent expenses of senate, fifteen thousand dollars. 
 For salaries of assemblymen, eight}' thousand dollars. 
 For mileage of assemblymen, seven thousand five hundred dollars. 
 For pay of officers, clerks and all other employees of assembly, fifty thousand dollars. 
 For contingent expenses of the assembly, eighteen thousand dollars. 
 For printing, binding and all other work performed and materials furnished by the 
 state printing oflSce to the legislature, eighty-five thousand dollars. 
 
 Judicial Department. 
 
 For salaries of justices of supreme court, one hundred twelve thousand dollars. 
 
 For salaries of two secretaries supreme court, nine thousand six hundred dollars. 
 
 For salai'y of reporter of decisions of supreme court and district courts of appeal, five 
 thousand dollars. 
 
 For salaries of three assistant reporters of decisions of supreme court and district 
 courts of appeal, nine thousand six hundred dollars. 
 
 For salary of librarian of supreme court, three thousand dollars. 
 
 For salaries of two phonographic reporters of supreme court, ten thousand eight hun- 
 dred dollars. 
 
 For salaries of two bailiffs of supreme court, seven thousand two hundred dollars. 
 
 For expenses of supreme court under section forty-seven, Code of Civil Procedure, 
 sixty-four thousand eight hundred dollars. 
 
 For postage and contingent expenses of the supreme court, three hundred dollars. 
 
 For salary of clerk of supreme court, ten thousand dollars. 
 
 For salary of chief deputy clerk of supreme court, five thousand four hundred dollars. 
 
 For salaries of six deputy clerks of supreme court, twenty-five thousand two hundred 
 dollars. 
 
 For salary of stenographer to clerk of supreme court, three thousand dollars. 
 
 For salary of porter for office of clerk of supreme court at Sacramento, two thousand 
 one hundred sixty dollars. 
 
 For postage and contingent expenses of clerk of supreme court, four thousand dollars. 
 
 For printing, etc., clerk of supreme court, two thousand five hundred dollars. 
 
 For salaries of six additional justices of divisions two of first and second district 
 courts of appeal, eighty-four thousand dollars. 
 
 For salaries of justices of district courts of appeal, one hundred twenty-six thousand 
 dollars. 
 
 For salaries of three clerks of district courts of appeal, sixteen thousand two hun- 
 dred dollars. 
 
 For salaries of three deputy clerks of district courts of appeal, twelve thousand 
 dollars. 
 
 For salaries of three phonographic reporters of disti-ict courts of appeal, £c 'vrteen 
 thousand four hundred dollars. 
 
 For salaries of three bailiffs of district courts of appeal, nine thousand six hundred 
 dollars.
 
 Act 300, § 1 GENERAL, LAW S. 70 
 
 For pay of two porters, first and second district courts of appeal, four thousand three 
 hundred twenty dollars. 
 
 For pay of one porter, third district court of appeal, two thousand one hundred sixty 
 dollars. 
 
 For postage and contingent expenses of clerks of district courts of appeal, one-third 
 to each, four thousand five hundred dollars. 
 
 For printing, etc., clerks of district courts of appeal (one-third to each), three thou- 
 sand dollars. 
 
 For salaries of secretaries for justices (one-third for each), eighteen thousand dollars. 
 
 For state 's portion of salaries of judges of superior courts, five hundred seventy-eight 
 thousand dollars. 
 
 For salaries officers and employees division two of first district court of appeal, 
 twenty thousand six hundred forty dollars. 
 
 For salaries officers and employees division two of second district court of appeal, 
 eleven thousand three hundred sixty dollars. 
 
 For postage, and contingent expenses of clerks of divisions two of first and second 
 district courts of appeal (one-half to each), one thousand five hundred dollars. 
 
 For printing, etc., clerks of divisions two of first and second district courts of appeal 
 (one-half to each), two thousand dollars. 
 
 For rent for quarters of division two of first district court of appeal, two thousand 
 nine hundred four dollars. 
 
 For furniture and equipment division two of first district court of appeal, five hundred 
 dollars. 
 
 For furniture and equipment division two of second district court of appeal, two 
 thousand dollars. 
 
 Executive and Administrative Department. 
 
 For salary of governor, twenty thousand dollars. 
 
 For salary of private secretary to governor, ten thousand dollars. 
 
 For salary of executive secretary to governor, seven thousand two hundred dollars. 
 
 For salary of stenographer to governor, four thousand dollars. 
 
 For salary of messenger to governor, three thousand dollars. 
 
 For postage, etc., traveling and contingent expenses, governor's ofiice (exempt from 
 section six hundred seventy-two of the Political Code), eighteen thousand four hundred 
 dollars. 
 
 For special contingent expenses (secret service), governor's office (exempt from pro- 
 visions of section four hundred thirty-thi'ee and six hundred seventy-two of Political 
 Code), ten thousand dollars. 
 
 For printing, etc., governor's office, one thousand five hundred dollars. 
 
 For support of governor's residence (exempt from sections four hundred thirty-three 
 and six hundred seventy-two of Political Code), seventeen thousand five hundred dollars. 
 
 Lieutenant Governor. 
 For salary of lieutenant governor, eight thousand dollars. 
 
 State Board of Control. 
 For salary of members state board of control, thirty thousand dollars. 
 For salary of secretary to state board of control, seven thousand two hundred dollars. 
 For salaries of three clerks, ten thousand eight hundred dollars. 
 For salaries of two stenographers, six thousand dollars. 
 For salary of messenger, one thousand eight hundred dollars. 
 For salary of superintendent of accounts, seven thousand two hundred dollars. 
 For salaries of two assistant superintendents of accounts, ten thousand eight hundred 
 dollars. 
 
 i
 
 ri APPROPRIATIONS. Act 300, § 1 
 
 For support and maintenance of state board of control, including traveling and con- 
 tingent expenses, one hundred eight3r-t\vo thousand dollars. 
 
 Secretary of State's Office. 
 
 For salary of secretary of state, ten thousand dollars. 
 
 For salary of deputy secretary of state, six thousand dollars. 
 
 For salary of bookkeeper, office secretary of state, four thousand eight hundred 
 dollars. 
 
 For salary of corporation secretary, office secretary of state, five thousand six hun- 
 dred dollars. 
 
 For salary of statistician, office secretary of state, four thousand eight hundred 
 dollars. 
 
 For salary of keeper of archives, office secretary of state, four thousand dollars. 
 
 For salary of one recording clerk, office secretary of state, three thousand six hundred 
 dollars. 
 
 For salaries of five recording clerks, office secretary of state, sixteen thousand dollars. 
 
 For salary of one register clerk, three thousand six hundred dollars. 
 
 For salaries of two certificate clerks, office of secretary of state, six thousand four 
 hundred dollars. 
 
 For salary of messenger, office secretary of state, one thousand eight hundred dollars. 
 
 For salary of porter, office secretary of state, one thousand four hundred forty dollars. 
 
 For salaries of two special legislative clerks, office secretary of state, one thousand 
 dollars. 
 
 For postage, expressage and telegraphing, office secretary of state (exempt from sec- 
 tion four of this act), eleven thousand dollars. 
 
 For contingent and traveling expenses, office secretary of state, two thousand five hun- 
 dred dollars. 
 
 For printing, etc., secretary of state (exempt from section four of this act), eleven 
 thousand dollars. 
 
 For salary of superintendent and cashier, corporation license department, four thou- 
 sand eight hundred dollars. 
 
 For salaries of two clerks, corporation license department, seven thousand two hun- 
 dred dollars. 
 
 For salaries of four clerks, corporation license department, twelve thousand eight 
 hundred dollars. 
 
 For pay of porter, corporation license department, seven hundred twenty dollars. 
 
 For pay of messenger, corporation license department, one thousand two hundred 
 dollars. 
 
 For printing and compiling roster, one thousand dollars. 
 
 Controller's Office. 
 
 For salary of controller, ten thousand dollars. 
 
 For salary of deputy controller, six thousand dollars. 
 
 For salary of bookkeeper, controller's office, four thousand eight hundred dollars. 
 
 For salary of expert, controller's office, four thousand dollars. 
 
 For salary of four clerks, controller's office, fourteen thousand four hundred dollars. 
 
 For salaries of five clerks, controller's office, sixteen thousand dollars. 
 
 For salary of statistician, controller's office, four thousand eight hundred dollars. 
 
 For salarj' of warrant registrar, controller's office, four thousand eight hundred dollars. 
 
 For salary of stenographer, controller's office, two thousand four hundred dollars. 
 
 For salary of stenographer, controller's office, three thousand dollars. 
 
 For pay of porter, controller's office, one thousand four hundred forty dollars. 
 
 For contingent and traveling expenses, controller's office, twenty thousand dollars.
 
 Act 300, g 1 GENERAL, LAWS. 72 
 
 For expenses of collecting, compiling and printing county and municipal statistics, 
 three thousand two hundred fifty dollars. 
 
 For printing, etc., controller's office, five thousand dollars. 
 
 For salary of inheritance tax attorney, seven thousand two hundred dollars. 
 
 For salaries of two assistant inheritance tax attorneys, fourteen thousand four hun- 
 dred dollars. 
 
 For salary of one assistant inheritance tax attorney, five thousand four hundred 
 dollars. 
 
 For expenses of inheritance tax department, including printing, traveling and con- 
 tingent expenses, postage, expressage and telegraphing, clerical and other services, and 
 any other expenses necessary and proper to the enforcement of the inheritance tax law. 
 sixty-seven thousand five hundred dollars. 
 
 For general expense, branch inheritance tax department, San Francisco, eighteen 
 thousand dollars. 
 
 For general expense, branch inheritance tax department, Los Angeles, sixteen thou- 
 sand four hundred dollars. 
 
 For salary of two assistant tax attorneys, nine thousand six hundred dollars. 
 
 For salaries of extra clerks, tax collecting department, twelve thousand dollars. 
 
 For postage, expressage, telegraphing and contingent expenses, tax collecting depart- 
 ment, three thousand six hundred dollars. 
 
 For printing, binding and ruling, tax collection department, two thousand five hun- 
 dred dollars. 
 
 Treasurer's Office. 
 
 For salary of state treasurer, ten thousand dollars. 
 
 For salary of deputy state treasurer, six thousand four hundred dollars. 
 
 For salary of cashier, treasurer 's office, five thousand four hundred dollars. 
 
 For salary of bond officer, treasurer 's office, five thousand dollars. 
 
 For salary of deposit officer, treasurer's office, five thousand dollars. 
 
 For salary of one bookkeeper, treasurer's office, four thousand four hundred dollars. 
 
 For salary of stenographer, treasurer's office, three thousand dollars. 
 
 For salaries of four watchmen, treasurer's office, ten thousand five hundred sixty 
 dollars. 
 
 For pay of porter, treasurer's office, one thousand four hundred forty dollars. 
 
 For postage, expressage, telegraphing, contingent and traveling expenses, treasurer's 
 office, four thousand dollars. 
 
 For printing, etc., treasurer's office, one thousand nine hundred dollars. 
 
 Attorney General's Office. 
 
 For salary of attorney general, twelve thousand dollars. 
 
 For salary of assistant attorney general, eight thousand dollars. 
 
 For salary of chief deputy to attorney general, eight thousand dollars. 
 
 For salaries of six deputies to attorney general, thirty-seven thousand two hundred 
 lollars. 
 
 For salary of one deputy to attorney general, six thousand dollars. 
 
 For salary of service agent, attorney general's office, three thousand six hundred 
 »iollars. 
 
 For salaries of two clerks, attorney general 's office, seven thousand two hundred 
 dollars. 
 
 For salary of phonographic reporter, attorney general's office, three thousand six 
 hundred dollars. 
 
 For salaries of five stenographers, attorney general 's office, fifteen thousand dollars. 
 
 For salary of one stenographer, attorney general's office, two thousand four hund-ed 
 dollars.
 
 7S APPROPRIATIONS. Act 300, 9 1 
 
 For pay of porter, attorney general 's office at Sacramento, one thousand eighty 
 dollars. 
 
 For postage, expressage, telegraphing and contingent expenses, attorney general's 
 office, five thousand dollars. 
 
 For traveling expenses, attorney general's office, one thousand five hundred dollars. 
 
 For costs and expenses of suits wherein the state is a party in interest, seven thou- 
 sand five hundred dollars. 
 
 For office rent of attorney general in San Francisco, six thousand dollars. 
 
 For purchase of law books, attorney general 's office, two thousand dollars. 
 
 For printing, etc., attorney general 's office, five thousand dollars. 
 
 For payment of expenses incidental to conserving state lands, gathering evidence, 
 and quieting and canceling outstanding evidences of title, two thousand dollars. 
 
 Legislative Counsel Bureau, 
 For support and salaries, twenty-five thousand dollars. 
 For additional salaries, three thousand six hundred dollars. 
 
 Surveyor General. 
 
 For salary of survej'or general, ten thousand dollars. 
 
 For salary of deputy surveyor general, six thousand dollars. 
 
 For salary of assistant surveyor general, four thousand five hundred dollars. 
 
 For salaries of three clerks, surveyor general's office, ten thousand eight hundred 
 dollars. 
 
 For salaries of three clerks, register state land office, ten thousand eight hundred 
 dollars. 
 
 For pay of porter, surveyor general 's office, one thousand eighty dollars. 
 
 For contingent and traveling expenses, survoyor general's office, ten thousand five 
 hundred dollars. 
 
 For printing, etc., surveyor general 's office, one thousand seven hundred dollars. 
 
 Superintendent of State Printing. 
 For salary of superintendent of state printing, ten thousand dollars. 
 For salary of deputy superintendent of state printing, four thousand eight hundred 
 dollars. 
 
 State Board of Equalization. 
 
 For salaries of members of the state board of equalization, thirty-two thousand 
 dollars. 
 
 For salary of secretary, state board of equalization, eight thousand dollars. 
 
 For pay of porter, state board of equalization, nine hundred sixty dollars. 
 
 For postage, expressage, telegraph, and contingent expenses, state board of equaliza- 
 tion, one thousand dollars. 
 
 For clerical and expert assistance, printing, postage and all other expenses involved 
 in making the assessment of taxes, twenty-five thousand dollars. 
 
 For traveling and contingent clerical expenses, state board of equalization (Political 
 Code, section three thousand seven hundred two), five thousand dollars. 
 
 For printing, etc., state board of equalization, five thousand dollars. 
 
 Superintendent Capitol Building and Grounds. 
 For salary of superintendent of capitol building and grounds, six thousand dollars. 
 For salary of clerk to superintendent of capitol building and grounds, three thousand 
 six hundred dollars. 
 
 For salary of engineer, three thousand six hundred dollars. 
 
 For salary of additional engineer during session of the legislature, six hundred dollars. 
 
 For salarj- of fireman, two thousand six hundred forty dollars.
 
 Act 300, §1 GENERAL, LAWS. 74 
 
 For salary of additional fireman during session of the legislature, four hundred forty 
 dollars. 
 
 For salary of electrician, three thousand six hundred dollars. 
 
 For salary of additional electrician during session of the legislature, six hundred 
 dollars. 
 
 For pay of head porter, two thousand six hundred forty dollars. 
 
 For pay of seven special policemen, eighteen thousand four hundred eighty dollars. 
 
 For pay of two elevator attendants, four thousand eight hundred dollars. 
 
 For pay of two additional elevator attendants during session of the legislature, eight 
 hundred dollars. 
 
 For pay of three telephone operators, six thousand four hundred eighty dollars. 
 
 For pay of two additional telephone operators during session of the legislature, seven 
 hundred twenty dollars. 
 
 For pay of one telephone exchange operator for twelve weeks, two hundred seventy 
 dollars. 
 
 For special policemen capitol and executive mansion, ten thousand five hundred sixty 
 dollars. 
 
 For purchase of carpets and furniture for capitol building and departments, two 
 thousand dollars. 
 
 For water for capitol building and grounds, three thousand six hundred dollars. 
 
 For repairs to capitol building and furniture, two thousand dollars. 
 
 For repairs, improvement, equipment and furnishings, executive mansion, five thou- 
 sand dollars. 
 
 For stationery, fuel, lights and supplies, twenty thousand dollars. 
 
 For salary of head gardener, four thousand two hundred dollars. 
 
 For pay of gardeners, porters, and other help in capitol building and grounds, sixty 
 thousand nine hundred ninety-six dollars. 
 
 For purchase of implements, etc., and care and improvement of grounds of state cap- 
 itol and executive mansion (exempt from section four of this act), twelve thousand 
 dollars. 
 
 For traveling and contingent expenses, five hundred dollars. 
 
 For salary of emergency electrician, one month, one hundred fifty dollars. 
 
 For salary of tj'pewriter expert, three thousand dollars. 
 
 For salary of assistant head gardener, two thousand six hundred forty dollars. 
 
 Board of Railroad Commissioners. 
 For salaries of commissioners, eighty thousand dollars. 
 
 For salaries of other civil executive officers in office of board of railroad commis- 
 sioners and the support of the commission, four hundred nineteen thousand seven hun- 
 dred fifty dollars. 
 
 Insurance Commissioner. 
 
 For salary of insurance commissioner, twelve thousand dollars. 
 
 For salary of deputy insurance commissioner, five thousand four hundred dollars. 
 
 Civil Service Commission. 
 
 For salaries of members of the commission, eighteen thousand dollars. 
 For support of the commission, fifty-two thousand dollars. 
 
 Immigration and Housing Commission. 
 
 For support of the commission, one hundred five thousand dollars. 
 For additional support and maintenance, forty thousand dollars.
 
 75 APPROPRIATIONS. Act 300, g 1 
 
 Weights and Measures. 
 
 For salary of superintendent of weiglits and measures, eight thousand dollars. 
 For salary of deputy, three thousand six hundred dollars. 
 For support of department, fifteen thousand dollars. 
 
 State Water Commission. 
 For salaries of three commissioners, thirty thousand dollars. 
 
 For support of commission including salaries of office assistants, field men, and other 
 expenses incidental to the work of the commission, ninety-three thousand eight hundred 
 dollars. 
 
 Industrial Welfare Commission. 
 
 For support of the commission, seventy thousand dollars. 
 
 State Board of Health. 
 
 For salary of secretary, nine thousand dollars. 
 
 For salary of assistant secretary, four thousand eight hundred dollars. 
 
 For salaiy of attorney, six thousand dollars. 
 
 For salary of statistician, four thousand eight hundred dollars. 
 
 For salary of deputy statistician, three thousand two hundred dollars. 
 
 For salary of clerk, three thousand two hundred dollars. 
 
 For salary of two copyists, three thousand six hundred dollars. 
 
 For salary of director, pure food and drug laboratory, seven thousand two hundred 
 dollars. 
 
 For salary of assistant director, pure food and drug laboratory, three thousand six 
 hundred dollars. 
 
 For traveling and contingent expenses, forty-two thousand dollars. 
 
 For support district health offices, twenty-five thousand dollars. 
 
 For support pure food and drug laboratory, sixty-five thousand dollars. 
 
 For support state hygienic laboratory, fifty thousand dollars. 
 
 For printing, etc., eight thousand dollars. 
 
 For salary of consulting nutrition expert, two thousand four hundred dollars. 
 
 Bureau of Labor Statistics. 
 
 For salary of commissioner, eight thousand dollars. 
 
 For salary of deputy commissioner, four thousand eight hundred dollars. 
 
 For salary of deputy commissioner at Los Angeles, four thousand eight hundred 
 dollars. 
 
 For salary of assistant deputy commissioner, four thousand two hundred dollars. 
 
 For salary of statistician, five thousand four hundred dollars. 
 
 For salary of stenographer, two thousand four hundred dollars. 
 
 For salary of attorney, four thousand eight hundred dollars. 
 
 For salaries of assistants, traveling and contingent expenses, fifty-five thousand 
 dollars. 
 
 For office rent, five thousand one hundred dollars. 
 
 For printing, etc., six thousand dollars. 
 
 Industrial Accident Commission. 
 For salaries of members of the commission, thirty thousand dollars. 
 For support and maintenance of the commission, four hundred twenty thousand 
 dollars. 
 
 Harbor Commissioners — Eureka. 
 
 For salaries of three commissioners, two thousand four hundred dollars. 
 For salary of harbormaster, two thousand four hundred dollars.
 
 Act 300, §1 GENERAL, LAWS. 76 
 
 For salary of secretary to harbor commissioners, two thousand four hundred dollars. 
 For contingent exjjenses of harbor commissioners, three thousand dollars. 
 
 National Guard. 
 For salary of adjutant general, ten thousand dollars. 
 For salary of assistant adjutant general, six thousand dollars. 
 For salary of chief clerk, three thousand eight hundred dollars. 
 For salaries of three clerks, ten thousand two hundred dollars. 
 For salary of clerk and stenographer, three thousand dollars. 
 For salary of military storekeeper, two thousand four hundred dollars. 
 For salary of assistant military storekeeper, one thousand eight hundred dollars. 
 For support of the national guard and adjutant general's oflfice, four hundred twenty 
 thousand nine hundred dollars. 
 
 State Engineering Department. 
 For salaries of three appointed members, twenty-one thousand six hundred dollars. 
 For salary of state engineer, ten thousand dollars. 
 For salary of highway engineer, twenty thousand dollars. 
 For salaries of two assistant state engineers, twelve thousand dollars. 
 For salary of state architect, nine thousand six hundred dollars. 
 For salary of architectural designer, five thousand four hundred dollars. 
 For salaries of three architectural draughtsmen, twelve thousand dollars. 
 For salary of engineer 's draughtsman, four thousand dollars. 
 For salary of mechanical engineer, five thousand four hundred dollars. 
 For salaries of two filing clerks, seven thousand two hundred dollars. 
 For salary of blue print pressman, three thousand dollars. 
 For salary of secretary, six thousand dollars. 
 
 For salaries of two clerks and stenographers, six thousand dollars. 
 For pay of porter, one thousand eight hundred dollars. 
 For printing, etc., five thousand dollars. 
 
 For contingent and traveling expenses, forty thousand dollars. 
 For salary of electrical engineer, four thousand two hundred dollars. 
 For salary of structural engineer, four thousand eight hundred dollars. 
 For salary of auditor, four thousand eight hundred dollars. 
 For salary of general superintendent, six thousand dollars. 
 For salarj' of assistant state architect, six thousand dollars. 
 
 Superintendent of Public Instruction. 
 For salary of superintendent, ten thousand dollars. 
 
 For salary of deputy superintendent, four thousand eight hundred dollars. 
 For salary of statistician, four thousand eight hundred dollars. 
 For salary of clerk and stenographer, three thousand two hundred dollars. 
 For salary of bookkeeper, three thousand two hundred dollars. 
 
 For postage, etc., contingent and traveling expenses, and clerical assistants, fourteen 
 thousand dollars. 
 
 For printing, etc., twenty-four thousand dollars. 
 
 For textbooks for orphans, one thousand five hundred dollars. 
 
 State Library. 
 For salary of state librarian, ten thousand dollars. 
 For support and maintenance of state library, two hundred fifty thousand dollars. 
 
 University of California. 
 For support and maintenance of University of California, four hundred thousand 
 dollars.
 
 77 APPROPRIATIONS. Act 300, § 1 
 
 For support, maintenance and equipment of college of agriculture of University of 
 California, including support of University Farm School at Davis, and also support of 
 all experimental stations, all pathological and other investigations, farmers' institutes, 
 and all agricultural departments connected with the University of California, eight hun- 
 dred seventy-five thousand dollars. 
 
 For support and maintenance of Scripps Institution of Biological Research, thirty-five 
 thousand dollars. 
 
 For support of work of insecticide and fungicide laboratory, provided for in chapter 
 six hundred fifty-three, statutes 1911, ten thousand dollars. 
 
 State Board of Education. 
 
 For per diem of members of board of education, traveling and contingent expenses of 
 board and commissioners of education and salaries of office employees, eighty thousand 
 dollars. 
 
 For salaries of commissioners, twenty-four thousand dollars. 
 
 State Normal Schools. 
 
 For salaries of officers, teachers and employees at San Jose, two hundred two thou- 
 sand five hundi-ed dollars. 
 
 For support of state normal school at San Jose, care and improvement of grounds, 
 and library, museum and purchase of scientific apparatus of same, thirty-eight thousand 
 dollaj-s. 
 
 For printing, etc., state normal school at San Jose, two thousand five hundred dollars. 
 
 For salaries of officers, teachers and employees of Los Angeles normal school, three 
 hundred twenty-four thousand dollars. 
 
 For support of state normal school at Los Angeles, care and improvement of grounds, 
 and librarj'^, museum and purchase of scientific apparatus of same, fifty-four thousand 
 five hundred dollars. 
 
 For printing, etc., of same, two thousand five hundred dollars. 
 
 For salaries of officers, teachers and employees at state normal school at Chico, one 
 hundred four thousand dollars. 
 
 For support of state normal school at Chico, care and improvement of grounds, library, 
 museum and purchase of scientific apparatus of same, fourteen thousand eight hundred 
 dollars. 
 
 For printing, etc., of same, one thousand two hundred dollars. 
 
 For salaries of officers, teachers and employees at state normal school at San Diego, 
 one hundred fourteen thousand two hundred eighty dollars. 
 
 For support of state normal school at San Diego, care and improvement of grounds^ 
 librarj'^, museum and purchase of scientific apparatus of same, twenty-one thousand two 
 hundred twenty-eight dollars. 
 
 For printing, etc., of same, one thousand two hundred fifty dollars. 
 
 For salaries of officers, teachers and employees at state normal school at San Fran- 
 cisco, one hundred thirty-four thousand nine hundred dollars. 
 
 For support of state normal school at San Francisco, care and improvement of 
 grounds, library, museum and purchase of scientific apparatus of same, thirteen thou- 
 sand five hundred dollars. 
 
 For printing, etc., of same, one thousand two hundred dollars. 
 
 For salaries of officers, teachers and employees at state normal school at Santa Bar- 
 bara, eighty-one thousand dollars. 
 
 For support of state normal school at Santa Barbara, care and improvement of 
 grounds, library, museum and purchase of scientific apparatus of same, ten thousand 
 five hundred dollars.
 
 Act 300, § 1 GENERAL, LAWS. 78 
 
 For additional support elementary teaching courses state normal school at Santa Bar- 
 bara, fourteen thousand eight hundred dollars. 
 
 For printing, etc., of same, eight hundred dollars. 
 
 For salaries, of officers, teachers and employees at state normal school at Fresno, one 
 hundred twenty thousand dollars. 
 
 For support of state normal school at Fresno, care and improvement of grounds, 
 library, museum and purchase of scientific apparatus of same, twenty thousand nine 
 hundred dollars. 
 
 For printing, etc., of same, one thousand two hundred dollars. 
 
 For salaries of officers, teachers and employees at state normal school at Humboldt, 
 fifty-six thousand one hundred twenty dollars. 
 
 For support of state normal school at Humboldt, care and improvement of grounds, 
 library, museum and purchase of scientific apparatus of same, eleven thousand nine 
 hundred dollars. 
 
 For printing, etc., of same, one thousand eight hundred dollars. 
 
 California Polytechnic School. 
 
 For salaries of officers, teachers and employees of same, ninety-seven thousand dollars. 
 
 For support and maintenance, including purchase of stock and equipment for farm 
 and laboratories, care and improvement of grounds, and library for same, fifty-three 
 thousand eight hundred dollars. 
 
 For printing, etc., of same, two thousand dollars. 
 
 • 
 
 Hastings College of the Law. 
 For payment of interest on one hundred thousand dollars to Hastings College of the 
 Law, fourteen thousand dollars. 
 
 For rentals, four thousand eight hundred dollars. 
 
 California School for the Deaf and the Blind. 
 For support of school, eighty thousand dollars. 
 For salaries of officers, teachers and employees, one hundred eighty thousand dollars. 
 
 Industrial Home for Adult Blind. 
 For support, fifty-five thousand dollars. 
 
 For salaries of officers and employees, thirty-five thousand dollars. 
 For printing, six hundred dollars. 
 
 State Mining Bureau. 
 For salary of state mineralogist, seven thousand two hundred dollars. 
 For support, including salaries, one hundred thousand dollars. 
 
 Viticuttural Commission. 
 For support of commission, fifteen thousand dollars. 
 
 State Agricultural Society. 
 For aid to state agricultural society, seventy thousand dollars. 
 For salary of secretary, six thousand dollars. 
 
 For salaries of employees, thirteen thousand eight hundred dollara. 
 For traveling expenses of the directors, four thousand dollars. 
 
 State Commissioner of Horticulture. 
 For salary of commissioner, eight thousand dollars. 
 For salary of deputy commissioner, five thousand four hundred dollars. 
 For salary of secretary, five thousand four hundred dollars. 
 For salary of superintendent of state insectary, five thousand four hundred dollars.
 
 79 APPROPRIATIONS. Act 300, § 1 
 
 For salary of assistant superintendent of state inseetary, three thousand six hundred 
 dollars. 
 
 For salary of field deputy, inseetary division, three thousand six hundred dollars. 
 
 For salary of chief deputy quarantine inspector, five thousand four hundred dollars. 
 
 For salary of deputy quarantine ofiicer at San Francisco, three thousand six hundred 
 dollars. 
 
 For salary of deputy quarantine officer at Los Angeles, three thousand six hundred 
 dollars. 
 
 For salary of chief field deputy, eight thousand dollars. 
 
 For salary of chief clerk at Sacramento, three thousand two hundred dollars. 
 
 For use and support of ofiice of commissioner of horticulture, searching for beneficial 
 insects, and use and support of state inseetary, one hundred sixty thousand dollars. 
 
 For printing, etc., thirteen thousand dollars. 
 
 State Veterinarian. 
 
 For salary of state veterinarian, eight thousand dollars. 
 For salary of assistant state veterinarian, six thousand dollars. 
 For salary of deputy state veterinarian, four thousand eight hundred dollars. 
 For salary of clerk, three thousand two hundred dollars. 
 
 For traveling and contingent expenses, including sheep inspection and enforcement of 
 dairy laws, ninety-six thousand dollars. 
 
 State Dairy Bureau. 
 For support of state dairy bureau, seventy thousand dollars. 
 
 State Board of Forestry. 
 
 For salary of state forester, six thousand dollars. 
 
 For salary of deputy state forester, four thousand eight hundred dollars. 
 
 For salary of assistant state forester, three thousand two hundred dollars. 
 
 For support, including field and traveling expenses, twenty-seven thousand dollars. 
 
 For printing, etc., six thousand dollars. 
 
 Sutter's Fort and Marshall Monument. 
 
 For salary of guardian, Marshall monument and grounds, one thousand eight hun- 
 dred dollars. 
 
 For care of grounds, Marshall monument, seven hundred fifty dollars. 
 
 For salary of guardian, Sutter 's Fort, one thousand eight hundred dollars. 
 
 For salary of gardener, Sutter's Fort, two thousand four hundred dollars. 
 
 For salary of assistant gardener, Sutter's Fort, two thousand one hundred sixty 
 dollars. 
 
 For maintenance of grounds and buildings at Sutter's Fort, two thousand dollars. 
 
 Veterans' Home. 
 
 For support and maintenance, three hundred sixty thousand dollars. 
 For printing, etc., two thousand five hundred dollars. 
 
 Woman's Relief Corps Home. 
 For support and maintenance, nineteen thousand two hundred dollars. 
 
 Orphan Aid. 
 
 For support of orphans, half orphans and abandoned children, two million one hx v 
 dred thirty thousand dollars. 
 
 For salaries and support of children 's department, and expenses of children 'a agent 
 forty-two thousand dollars.
 
 Act 300, SI ge:ne:ral laws. 80 
 
 State Board of Charities and Corrections. 
 For salaries and expenses, sixty thousand dollars. 
 
 State Commission in Lunacy. 
 
 For salaries of officers and employees and for salary of general superintendent of 
 state hospital, forty thousand dollars. 
 
 For traveling expenses and all other contingent expenses, of the commission and 
 officers and employees, five thousand dollars. 
 
 For printing, etc., eight thousand dollars. 
 
 Hospital for Insane. 
 
 For support of Stockton State Hospital, six hundred thousand four hundred twenty 
 dollars. 
 
 For salaries of officers and employees, Stockton State Hospital, four hundred eighty- 
 one thousand four hundred eighty dollars. 
 
 For support of Napa State Hospital, six hundred thirty-seven thousand eighty dollars. 
 
 For salaries of officers and employees, Napa State Hospital, five hundred twenty-four 
 thousand two hundred eighty dollars. 
 
 For support of Agnews State Hospital, four hundred eighty-three thousand eight hun- 
 dred forty dollars. 
 
 For salaries of officers, and employees, Agnews State Hospital, three hundred thirteen 
 thousand three hundred forty-four dollars. 
 
 For support of Mendocino State Hospital, three hundred twenty-seven thousand seven 
 hundred seventy dollars. 
 
 For salaries of officers and employees, Mendocino State Hospital, two hundred thirty- 
 nine thousand nine hundred four dollars. 
 
 For support of Southern California State Hospital, five hundred eighty-nine thousand 
 two hundred seventy-five dollars. 
 
 For salaries of officers and employees, Southern California State Hospital, four hun- 
 dred seventy-one thousand four hundred fifteen dollars. 
 
 For support of Sonoma State Home, four hundred twenty-six thousand four hundred 
 sixteen dollars. 
 
 For salaries of officers and employees, Sonoma State Home, three hundred twenty-five 
 thousand dollars. 
 
 For support of Norwalk State Hospital, three hundred thousand four hundred dollars. 
 
 For salaries of officers and employees, Nor^valk State Hospital, one hundred twenty- 
 eight thousand four hundred dollars. 
 
 For support and salaries. Pacific Colony, forty-eight thousand dollars. 
 
 Transportation Expenses. 
 
 For transportation of prisoners, insane, delinquent and feeble-minded children to 
 state institutions to which they are committed (exempt from section four of this act), 
 two hundred twenty thousand dollars. 
 
 For expenses of returning criminals arrested without the state (exempt from section 
 four of this act), thirty-four thousand dollars. 
 
 State Correctional Schools. 
 
 For support of Preston School of Industry, two hundred seventy-five thousand dollars. 
 
 For salaries of officers and employees, Preston School of Industry, one hundred 
 sixty thousand dollars. 
 
 For support of Whittier State School, two hundred seventy-seven thousand dollars. 
 
 For salaries of officers and employees, Whittier State School, one hundred ninety 
 thousand dollars.
 
 81 APPROPRIATIONS. Act 300, g :: 
 
 For support of California School for Girls, one hundred forty-six thousand five hun- 
 dred dollars. 
 
 For salaries of oflSeers and employees. California School for Girls, one hundred four 
 thousand one hundred dollars. 
 
 State Board of Prison Directors. 
 For printing, etc., five hundred dollars. 
 
 State Prisons. 
 
 For support of State Prison at Folsom, three hundred forty-five thousand dollars. 
 
 For salaries of officers and employees, State Prison at Folsom, two hundred twenty- 
 five thousand dollars. 
 
 For support of State Prison at San Quentin, four hundred twenty-five thousand 
 dollars. 
 
 For salaries of officers and employees, State Prison at San Quentin, two hundred 
 seventy-six thousand dollars. 
 
 Advisory Pardon Board. 
 
 For support, five thousand dollars. 
 
 Miscellaneous. 
 
 For official advertising, six thousand dollars. 
 
 For purchase of topographic sheets, five hundred dollars. 
 
 For care of state burial grounds, five hundred dollars. 
 
 For payment of premiums on surety bonds, state officers and employees, seven thou- 
 sand dollars. 
 
 For printing and advertising sale of state bonds, twenty thousand dollars. 
 
 For printing, etc., various officers not heretofore provided for (to be expended under 
 the direction of the state board of control), four thousand five hundred dollars. 
 
 For pajonent of rewards offered by the governor, one thousand five hundred dollars. 
 
 For payment of reward offered by the governor for illegal voting, five hundred dollars. 
 
 For payment of rewards for arrest and conviction of highway robbers, two thousand 
 dollars. 
 
 For emergency fund to be expended onlj-^ upon unanimous vote of the board of con- 
 trol, approved by the controller, two hundred fifty thousand dollars. 
 
 Expenditures for Printing, etc. 
 
 § 2. The various sums herein appropriated for printing, binding, ruling, materials 
 and all other work provided for by law to be done in the state printing office shall bo 
 expended only upon requisitions to be approved by the state board of control, and 
 said board is authorized and given power to reduce the amount of such requisitions 
 either in whole or in any item thereof. When any state publication is printed and 
 paid for out of any appropriation in this act, the disposition of the same shall be sub- 
 ject to the provisions of section two thousand two hundred ninety-five a of the Political 
 Code of the state of California. The sums that are herein appropriated for expenses 
 of the senate and assembly shall be disbursed under the direction of the bodies to which 
 they respectively belong, and shall not be subject to any of the provisions of section 
 six hundred seventy-two of the Political Code; provided, that the state controller shall 
 not be required to draw any warrants until the original claims and vouchers, itemized 
 and properly sworn to, are filed with him. The sums herein appropriated for the 
 expenses of the national guard shall be audited by the adjutant general, as required 
 by sections two thousand eighty-three and two thousand eighty-five of the Political 
 Code. Not more than five hundred dollars of the money hereby appropriated for the 
 support of the institutions of the state shall be used in each fiscal year for permanent 
 
 Gen. Laws — 6
 
 Act 300, §§3-5 GENERAL, LAWS. S3 
 
 improvements, but shall be used solely for the payment of salaries and traveling 
 expenses of the commissioners or directors having charge of the same (when such 
 salaries or expenses are allowed by law), the salaries of employees, the purchase of 
 material and supplies for the use of said institutions, and for such incidental and 
 current expenses as may be necessarily incurred for the proper management and 
 support of said institutions. 
 
 Biennial statement of state officers. Original bills required. Revolving fund. 
 
 $ 3. All persons having demands against the state, and various state officers, and 
 the officers of all institutions under the control of the state, except the governor, to 
 whom and for which appropriations other than salaries are made under the provisions 
 of this act, shall, with their biennial report, submit a detailed statement, under oath, 
 of the manner in which all appropriations for their respective departments and insti- 
 tutions have been expended, and the state board of control, is hereby expressly pro- 
 hibited from allowing any demand payable out of any such appropriations until the 
 same are presented in itemized form, accompanied by affidavit and voucher for money 
 expended by them, stating specifically the service rendered, by whom performed, time 
 employed, distance traveled, and necessary expenses thereof; if for articles pur- 
 chased, the name of each article, together with the price paid for each and of whom 
 purchased, with the date of the purchase; provided, that in instances where the duties 
 of any state officer or board make necessary the use of moneys for purposes of a 
 confidential nature, the board of control may audit claims for such expense without 
 requiring itemization or vouchers; but such claims must be accompanied by a state- 
 ment of the facts surrounding the expenditure, which statement must be filed in the 
 office of the board of control; provided, further, that the total amount so allowed for 
 such confidential purposes from the moneys herein appropriated shall not exceed in 
 any one fiscal year the sum of two thousand dollars. All bills and vouchers, which 
 shall be presented for supplies furnished or services rendered, shall be original bills 
 and vouchers of the parties furnishing supplies and rendering services; provided, that 
 no officer shall use or appropriate any money, appropriated by this act, for any pur- 
 pose whatsoever, unless authorized thereto by law ; and provided, that any officer, board, 
 commission or department for whom any appropriation is made herein, may, with the 
 permission of the board of control, and without at the time furnishing vouchers and 
 itemized statements, draw from such appropriation, a sum not to exceed one thousand 
 dollars for any such officer, board, commission or department. The sum so drawn shall 
 be used as a revolving fund where cash advances are necessary, and at the close of 
 each fiscal year, or at any other time, upon the demand of the board of control, must 
 be accounted for and substantiated by vouchers and itemized statements submitted to 
 and audited by the board of control and the controller. 
 
 Amounts expendable monthly. 
 
 § 4. Not more than one twenty-fourth of the amount appropriated under this act 
 for each department or institution for the two years ending June 30, 1921, shall be 
 expended during any one month without the consent of the state board of control, and 
 not more than one-half of such appropriation shall be expended during the seventy- 
 first fiscal year, unless the same has been expressly authorized by this act. 
 
 Expenditures forbidden. 
 
 § 5. The officers of the various departments, boards, commissions and institutions 
 for whose benefit and support appropriations are made in this act are expressly 
 forbidden to make any expenditure in excess of such appropriations, except the 
 unanimous consent of the state board of control be first obtained, and a certificate, in 
 writing duly signed by every member of said board, of the unavoidable necessity of 
 
 i
 
 83 APPROPRIATIONS. Act 300, §§ 6,7 
 
 such expenditure; and any indebtedness attempted to be created against the state in 
 violation of the provisions of this section shall be absolutely null and void; and shall 
 not be allowed by said state board of control nor paid out of any state appropriations ; 
 provided, that any member of any such department, board, commissions or institutions, 
 who shall vote for any expenditure, or create any indebtedness against the state in 
 excess of the respective appropriations made by this act, except by the unanimous 
 consent of the state board of control, and the certificate in this section provided to be 
 first obtained shall be liable on his official bond for the amount of such indebtedness, 
 to be recovered in any court of competent jurisdiction by the person or persons, firm 
 or corporation to whom such indebtedness is owing. 
 
 Fire insurance. 
 
 $ 6. No money appropriated by this act shall be used to renew, or pay for the 
 renewal of any fire insurance on any public building or property, nor to effect or pay 
 for any new insurance on any public building or property, except the state printing 
 office and its contents. 
 
 Time in effect. 
 
 $ 7. This act, inasmuch as it provides for an appropriation for the usual current 
 expenses of the state shall, under the provisions of section one, of article four, of 
 the constitution of the state of California, take effect immeditely. 
 
 Governor's veto of certain items. „, , » ^ ,.„ 
 
 btate of Caliiorma, 
 
 Executive Office, Sacramento. 
 
 The foregoing general appropriation bill, Assembly Bill No. 313, is approved except 
 
 for the certain items hereinafter specifically set forth and objected to in accordance 
 
 with section 16, article IV of the constitution, which items are disapproved, to wit : 
 
 1. I object to the item on page nine [1317] under heading "Legislative Counsel 
 Bureau," "For additional salaries, three thousand six hundred dollars," for the 
 reason that said bureau will be able to accomplish its work and pay sufficient salaries 
 without this additional appropriation. 
 
 2. I object to the item on page fifteen [1322] under the heading "University of 
 California," "For support and maintenance of University of California, four hundred 
 thousand dollars," for the reason that Senate Bill No. 28, which has already been 
 signed by me, appropriates a like amount for this same puri^ose and this item would 
 be a duplication thereof. 
 
 3. I object to the following items on page eighteen [1325] under the heading * ' State 
 Commission of Horticulture, ' ' to wit : 
 
 "For salary of commissioner, eight thousand dollars; 
 
 "For salary of deputy commissioner, five thousand four hundred dollars; 
 
 "For salary of assistant superintendent of state insectary, three thousand six 
 hundred dollars; 
 
 "For salary of deputy quarantine officer at San Francisco, three thousand six 
 hundred dollars; 
 
 "For salary of deputy quarantine officer at Los Angeles, three thousand six hundred 
 dollars"; for the reason that Assembly Bill No. 1112, which has already been signed 
 by me, reorganizes this department and renders these appropriations unnecessary. 
 
 4. I object to the item on page eighteen [1326] under the heading "State Veteri- 
 narian," "For salary of clerk, three thousand two hundred dollars," for the same 
 reason set forth in the preceding paragraph hereof. 
 
 5. 1 object to the item on page twenty [1327], "For support and salaries, Pacific 
 Colony, forty-eight thousand dollars," for the reason that Assembly Bill No. 735,
 
 Act 306, g§ 1-3 GENERAL, LAWS. 84 
 
 which has already been signed by me, carries sufficient appropriation for the needs of 
 
 this institution. __ ^^ „, , 
 
 Wm. D. Stephens, 
 
 Governor of California. 
 
 Dated: May 27, 1919. 
 
 [Page numbers given in above statement are those of bill presented to the governor 
 for approval ; accompanying numbers enclosed in brackets [ ] are the pages of these 
 statutes on which items objected to appear.] 
 
 CHAPTER 16. 
 ARBITRATION. 
 
 CONTENTS OF CHAPTER. 
 ACT 306. State Board of Arbitration. 
 
 STATE BOARD OF ARBITRATION. 
 ACT 306 — An act to provide for a state board of arbitration for the settlement of 
 differences between employers and employees, to define the duties of said board, and 
 to appropriate the sum of twenty-five hundred dollars therefor. 
 
 History: Approved March 10, 1891, Stats. 1891, p. 49. 
 
 Appointment of board. Term. When parties can not agree. Oath of office. 
 
 ^ 1. On or before the first day of May of each year, the governor of the state shall 
 appoint three competent persons to serve as a state board of arbitration and concilia- 
 tion. One shall represent the employers of labor, one shall represent labor employees, 
 and the third member shall represent neither, and shall be chairman of the board. They 
 shall hold office for one year and until their successors are appointed and qualified. 
 If a vacancy occurs, as soon as possible thereafter the governor shall appoint some one 
 to serve the unexpired term; provided, however, that when the parties to any contro- 
 versy or difference, as provided in section 2 of this act, do not desire to submit their 
 controversy to the state board, they may by agreement each choose one person, and 
 the two shall choose a third, who shall be chairman and umpire, and the three shall 
 constitute a board of arbitration and conciliation for the special controversy submitted 
 to it, and shall for that purpose have the same powers as the state board. The mem- 
 bers of the said board or boards, before entering upon the duties of their office, shall 
 be sworn to faithfully discharge the duties thereof. They shall adopt such rules of 
 procedure as they may deem best to carry out the provisions of this act. 
 
 Duties of board. 
 
 § 2. Whenever any controversy or difference exists between an employer, whether 
 an individual, copartnership, or corporation, which, if not arbitrated, would involve a 
 strike or lockout, and his employees, the board shall, upon application, as hereinafter 
 provided, and as soon as practicable thereafter, visit, if necessary, the locality of the 
 dispute and make careful inquiry into the cause thereof, hear all persons interested 
 therein who may come before them, advise the respective parties what, if anything, 
 ought to be done or submitted to by either, or both, to adjust said dispute and make a 
 written decision thereof. This decision shall at once be made public, and shall be 
 recorded upon proper books of record to be kept by the board. 
 
 Application. Notice. Costs. 
 
 $ 3. Said application shall be signed by said employer, or by a majority of his 
 employees in the department of the business in which the controversy or difference 
 exists, or their duly authorized agent, or by both parties, and shall contain a concise 
 
 II
 
 85 ARCADIA. Act 308, §§ 4-8 
 
 statement of the grievances complained of, and a promise to continue on in business 
 or at work, without any lockout or strike, until the decision of said board, which must, 
 if possible, be made within three weeks of the date of filing the application. Immedi- 
 ately upon receipt of said application, the chairman of said board shall cause public 
 notice to be given of the time and place for hearing. Should the petitioners fail to 
 keep the promise made therein, the board shall proceed no further thereupon without 
 the written consent of the adverse partJ^ And the party violating the contract shall 
 pay the extra cost of the board entailed thereby. The board may then reopen the case 
 and proceed to the final arbitration thereof as provided in section 2 hereof. 
 
 Decision binding six months. 
 
 § 4. The decision rendered by the board shall be binding upon the parties who join 
 in the application for six months, or until either party has given the other a written 
 notice of his intention not to be further bound by the conditions thereof after the 
 expiration of sixty days or any time agreed upon by the parties, which agreement shall 
 be entered as a part of the decision. Said notice may be given to the employees by 
 posting a notice thereof in three conspicuous places in the shop or factory where they 
 work. 
 
 Public investigation. 
 
 § 5. Both employers and employees shall have the right at any time to submit to the 
 board complaints or grievances and ask for an investigation thereof. The board shall 
 decide whether the complaint is entitled to a public investigation, and if they decide in 
 the affirmative, they shall proceed to hear testimony, after giving notice to all parties 
 concerned, and publish the result of their investigations as soon as possible thereafter. 
 
 Per diem. 
 
 § 6. The arbitrators hereby created shall be paid five dollars per day for each day 
 of actual service, and also their necessary traveling and other expenses incident to 
 the duties of their office shall be paid out of the state treasury; but the expenses and 
 salaries hereby authorized shall not exceed the sum of twenty-five hundred dollars for 
 the two years. 
 
 Appropriation. 
 
 § 7. The sum of twenty-five hundred dollars is hereby appropriated out of any money 
 in the state treasury not otherwise appropriated, for the expenses of the board for the 
 first two years after its organization. 
 
 $ 8. This act shall take effect and be in force from and after its passage. 
 
 ARCADIA. 
 See Act 3094, note.
 
 Act 313, §1 GENERAL LAWS. 86 
 
 CHAPTER 17. 
 
 ARCATA. 
 References: Incorporation, etc., see post Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 313. Tide Land Grant. 
 
 TIDE LAND GRANT. 
 ACT 313 — An act granting to the city of Areata tide and sntmerged lands of the state 
 of California, including the right to wharf out therefrom to the city of Areata, and 
 regulating the management, use and control thereof. 
 
 History: Approved May 18, 1917. In effect July 27, 1917. Stats. 1917. 
 p. 708. Former act: Act of June 11, 1913. In effect August 10, 1913. 
 Stats. 1913, p. 699, which was superseded by the present act. 
 
 Tidelands granted to Areata. 
 
 $ 1. There is hereby granted to the city of Areata, a municipal corporation of th< 
 state of California, and to its successors, all the right, title and interest of the state 
 of California, held by said state by virtue of its sovereignty, in and to all tide and sub- 
 merged lands, whether filled or unfilled, situate in the county of Humboldt, state of 
 California, and described as follows, to wit : 
 
 Commencing at a point south eighty-nine and one-half degrees west five and ninety- 
 one one-hundredths chains, and south -thirty-one degrees fifty-two minutes west sixteen 
 and twenty-seven one-hundredths chains from the center of section thirty-two, town- 
 ship six north, range one east of Humboldt meridian, Humboldt county, California, 
 running thence north two hundred fifty feet to south side of dike; thence north seventy- 
 five degrees west one thousand seven hundred fifty feet following the south side of the 
 dike and crossing. Daniel's slough to a point on the section line between sections 
 thirty-one and thirty-two; thence westward following the south side of the dike to a 
 'point on said dike south seventy-nine degrees west six thousand four hundred fifty 
 feet; thence south six thousand four hundred forty feet to a point one thousand sixty 
 fee't due west of Beacon number nine; then east four thousand feet to a point seven 
 hundred eighty feet south of "pier," as marked on United States hydrographie chart 
 Humboldt bay survey 1911, sheet three, thence north fifty-four and one-half degrees 
 east two thousand three hundred seventy-five feet to the end of the fourth course as 
 recited in the description of the tide lands granted to the city of Areata (approved 
 June 11, 1913) ; thence north eighty degrees east five thousand seven hundred fifty 
 feet to a point on the west side of the right of way of the Northwestern Pacific Rail- 
 road Company; thence following the west line of the Northwestern Pacific Railroad 
 Company's right of way to a point in the center of Butcher's slough north twenty- 
 seven degrees and fifty minutes west four thousand five hundred feet; thence north 
 fifty-two and one-half degrees west six and twelve one-hundredths chains ; thence north 
 seventy-one and one-half degrees west four and five one-hundredths chains; thence 
 north fifty-three and one-half degrees west eleven and twenty-six one hundredths 
 chains; thence north thirty-one and one-half degrees west two and six one-hundredths 
 chains to the place of beginning. 
 
 Said lands shall be forever held by said city, and by its successors, in trust for the 
 uses and purposes and upon the express conditions following, to wit: 
 
 Use of lands. 
 
 That said lands shall be usod by said city and its successors, solely for the establish- 
 ment, improvement and conduct of a harbor, and for a construction, maintenance and
 
 «7 ARC ATA. Act 313, 8 1 
 
 operation thereon of wharves, docks, piers, slips, quays, and other utilities, structures 
 and appliances necessarj' or convenient for the promotion and accommodation of 
 commerce and navigation, and said city, or its successors, shall not, at any time, grant, 
 convey, give or alien said lands, or any part thereof, to any individual, firm or corpora- 
 tion for any purpose whatever; provided, that said city, or its successors, may grant 
 franchises thereon, for limited periods, for wharves and other public uses and pur- 
 poses, and may lease said lands, or any part thereof, for limited periods, for purposes 
 consistent with the trusts upon which said lands are held by the state of California 
 and with the requirements of commerce or navigation at said harbor, for a term not 
 exceeding twenty-five years, and on such other terms and conditions as said city may 
 determine, including a right to renew such lease or leases for a further term not 
 exceeding twenty-five years or to terminate the same on such terms, reservations and 
 conditions as may be stipulated in such lease or leases, and said lease or leases may be 
 for any and all purposes which shall not interfere with navigation or commerce, with 
 reversion to said city on the termination of such lease or leases of any and all improve- 
 ments thereon, and on such other terms and conditions as the said city may determine, 
 but for no purpose which will interfere with navigation or commerce; subject also to a 
 reservation in all such leases or such wharfing out privileges of a street, or of such 
 other reservation as the said city may determine for sewer outlets, and for gas and oil 
 mains, and for hydrants, and for electric cables and wires, and for such other conduits 
 for municipal purposes and for such public and municipal purposes and uses as may 
 be deemed necessary by the said city; provided, however, that each person, firm or 
 corporation or their heirs, successors or assigns now in possession of land or lands 
 abutting on said lands within the boundaries of the city of Areata, shall have a 
 right to obtain a lease for a term of twenty-five years from said city of said land 
 and wharfing out privileges therefrom with a right of renewal for a further term 
 of twenty-five years pursuant to the provisions of this act and on such terms and 
 conditions as said city may determine and specify, subject to the right of said city 
 to terminate said lease at the end of the first twenty-five years or refuse to renew 
 the same, or to terminate the lease so renewed during the term of such renewed 
 lease on such just and reasonable terms for compensation for improvements at the 
 then value of said improvements as said city may determine and specify. 
 
 Upon obtaining such lease and wharfing out privileges such person, firm or corpora- 
 tion, their heirs or assigns, shall quitclaim to said city any right they or any of them 
 may claim or have to the said lands hereby granted. 
 
 Bight to rents. 
 
 This grant shall carry the right to puch city of the rents, issues and profits in any 
 manner hereafter arising from the lands or wharfing out privileges hereby granted. 
 
 Right of state to use wharves, etc. 
 
 The state of California shall have, at all times, the right to use, without charge, all 
 wharves, docks, piers, slips, quays and other improvements constructed on said lands 
 or any part thereof, for any vessel or other water craft, or railroad owned or operated 
 by the state of California, 
 
 No discrimination in rates. 
 
 No discrimination in rates, tolls or charges or in facilities for any rise or service in 
 connection therewith shall ever be made, authorized or permitted bv said citv or its 
 successors in the management, conduct or operation of any of the utilities structures 
 or appliances mentioned in this section.
 
 Act 317, §§1,3 GKiVEUAL LAWS. 88 
 
 Right to fish reserved. 
 
 There is hereby reserved in the people of the state of California the right to fish in 
 the waters on which said lands may front with the right of convenient access to said 
 waters over said lands for said purpose. 
 
 CHAPTER 18. 
 ARCHITECTURE. 
 
 CONTENTS OF CHAPTER. 
 ACT 317. Practice of AECHiTECTimE. 
 
 PRACTICE OF ARCHITECTURE. 
 ACT 317 — An act to regulate the practice of architecture. 
 
 History: Approved March 23, 1901, Stats. 1901. D. 641. Amended 
 March 26, 1903. Stats. 1903, p. 522. 
 
 State "board created. Northern and southern districts. Qualifications of memhers. 
 
 Appointment. Term of office. Compensation. Expenses. 
 
 $ 1. Within sixty days from and after the passage of this act, the governor of the 
 state shall appoint ten persons, which persons so appointed shall constitute a board, 
 which board shall be known and designated as the state board of architecture. Five 
 members of said board of architecture, shall be residents of the northern district of 
 California, and shall constitute the northern district for the examination of applicants 
 for certificates to practice architecture in this state. And five members of said board 
 shall be appointed from the southern district of California, and shall constitute the 
 southern district board for the examination of applicants for certificates to practice 
 architecture in this state. The northern district shall be all that portion of the state 
 north of the northerly line of the county of San Luis Obispo and the county of Kern 
 and the county of San Bernardino. And the southern district shall be all that portion 
 of the state south of the northerly line of the county of San Luis Obispo and of the 
 county of Kern and of the county of San Bernardino. Said state board of architecture 
 shall be appointed by the governor as follows : Five members shall be appointed from 
 the members in good standing of the San Francisco chapter of the American Institute 
 of Architects, or some similar institution or association of architects, two of whom shall 
 be designated to hold office for two years. Five members shall be appointed from the 
 members of the Southern California chapter of the American Institute of Architects, 
 or some similar institution or association of architects, two of whom shall be designated 
 to hold office for two years. Each person so appointed shall hold office for four years, 
 unless so designated to hold office for two years. And thereafter, upon the expiration 
 of the term of office of the persons so appointed, the governor of the state shall appoint 
 a successor or successors to such outgoing person or persons whose term of office shall 
 have exi^ired, to hold office for four years; provided, that the membership of the state 
 board of architecture shall be composed as herein set forth. Each member shall hold 
 over after the expiration of his term of office until his successor shall have been duly 
 appointed and qualified. Any vacancy occurring in the membership of the board shall 
 be filled by the governor of the state for the unexpired term in like manner. The 
 members of the board shall serve without compensation from the state. The expenses 
 of the board shall be paid out of the fees collected from applicants for certificates. 
 
 Oath of office. Of officers. 
 
 § 2. The members of the state board of architpeture shall, befoi-e entering upon the 
 discharge of the duties of their office, take and file with the secretary of state tha
 
 60 ARCHITECTtlRE. Act 317, § 3 
 
 constitutional oath of office. The said state board of architecture shall, within thirty 
 days from and after their appointment, meet and elect from their number a president 
 and vice president, one of whom shall be a resident of the northern district, and one 
 a resident of the southern district, and two secretaries, one from each district. The 
 secretaries shall also act as treasurers. The person receiving the highest number of 
 votes shall be secretary, and the person receiving the next highest number of votes, 
 assistant secretary. Said persons shall hold office for two years, or until their succes- 
 sors shall have been duly elected and qualified. 
 
 Rules and regulations. Meetings. Organization. Examinations of applicants. Fees. 
 Duty of secretary of state. 
 
 $ 3. The board may adopt rules and regulations for the government of its proceed- 
 ings, not inconsistent with this act. This state board shall adopt a seal for its own 
 use, and one for each of the district boards. The seal used by the northern district 
 board shall have the words "Northern District" inscribed thereon, and the one for the 
 southern district shall have the words "Southern District" inscribed thereon, and the 
 secretary and assistant secretary shall have charge, care and custody thereof. The sec- 
 retary shall keep a correct record of all the proceedings of the board, which shall be 
 open to public examination at all times. Six members shall constitute a quorum for the 
 transaction of business of the state board of architecture, and three members shall con- 
 stitute a quorum of the district boards for the transaction of business. Special meetings 
 of the state board of architecture shall be called by the secretary upon the written re- 
 quest of four of its members, and by giving twenty days' written notice of such meet- 
 ing, and the time and place at which such meeting is to be held, to each member of the 
 board. The district board shall call special meetings upon the written request of two of 
 its members made to the secretary, and upon five days' written notice to each member of 
 such district board. "Within thirty days from and after the date of their appointment, 
 the state board shall meet to organize, elect officers as in this act provided for, and 
 formulate and adopt a code of rules and regulations for its government in the exam- 
 ination of applicants for certificates to practice architecture in this state; and such 
 o'her niles and regulations as may be necessary and proper, not inconsistent with this 
 act. The board may from time to time repeal or modify its rules and regulations, not 
 inconsistent with this act. The state board shall meet annually, on the second Tues- 
 day in April, for the purpose of transacting such business as may lawfully come before 
 it, not inconsistent with this act. The district boards shall hold their regular meetings 
 for the examination of applicants for certificates to practice architecture, on the last 
 Tuesday of January, April, July, and October of each year. The board of the northern 
 district shall meet in San Francisco; and the board of the southern district shall meet 
 in Los Angeles, and at such other times and places as they may elect, to examine appli- 
 cants for certificates. Any person shall be entitled to an examination for a certificate 
 to practice architecture, upon payment, to the district board when he makes application, 
 of a fee of fifteen dollars, which fee shall be retained by the board ; should the applicant 
 pass a satisfactory examination by said district board, the secretary shall, upon the 
 payment to him of a further fee of five dollars, issue to the applicant a certificate, 
 signed by the president and secretary, scaled with the seal of the district board, and 
 directed to the secretary of state, setting forth the fact that the person therein named 
 has passed a satisfactory examination, and that such person is entitled to a certificate 
 to practice architecture in this state, in accordance with the provisions of this act; and 
 upon the payment to the secretary of state of a fee of five dollars, the secretary shall 
 at once issue to the person therein named a certificate to practice architecture in this 
 state in accordance with the provisions of this act, which certificate shall contain the 
 full name of the applicant, his birthplace and age, together with the name of the district
 
 Act 317, §g 4, 5 
 
 GKMCUAL LAWS. 
 
 DO 
 
 board issuing the certificate, and date of issuance thereof. All papers received by the 
 secretary of state on application for certificate shall be kept on file in his ofl&ce, and a 
 proper index and record thereof shall be kept by him. 
 
 Eligibility of applicants for certificates. Certificates must be recorded. 
 
 § 4. Any architect in good standing, who shall show to the satisfaction of the district 
 board of the district in which such architect may reside, that he was engaged in the 
 practice of the profession of architecture on the date of the passage of this act, shall be 
 granted a certificate without passing an examination, on the payment to the district 
 board of a fee of five dollars; provided, such application shall be made within six 
 months from and after the passage of this act. Said certificates shall set forth the fact 
 that the person to whom the same was issued was practicing architecture in this state 
 at the time of the passage of this act, and that the person therein named is entitled to 
 a certificate to practice architecture without having to pass an examination by the dis- 
 trict board; and the secretary of state shall, upon the payment to him of a fee of five 
 dollars, issue to the person named therein a certificate to practice architecture in this 
 state, in accordance with the provisions of this act. Each certificated architect shall 
 have his certificate recorded in the office of the county recorder, in each and every 
 county in this state, in which the holder thereof shall practice, and he shall pay to the 
 recorder the same fee as is charged for the recording of deeds. A failure to have his 
 certificate so recorded shall be deemed sufiScient cause for revocation of such certificate. 
 
 Provisions as to practice of architecture, 
 tificates. New certificates. Seal. 
 
 Non-resident architects. Revocation of cer- 
 
 § 5. After the expiration of six months from the passage of this act, it shall be 
 unlawful, and it shall be a misdemeanor, punishable by fine of not less than fifty dollars 
 nor more than five hundred dollars, for any person to practice architecture without a 
 certificate in this state, or to advertise, or put out any sign or card, or other device which 
 might indicate to the public that he was an architect ; provided, that nothing in this act 
 shall prevent any person from making plans for his own buildings, nor furnishing plans 
 or other data for buildings for other persons, provided the person so furnishing such 
 plans or data shall fully inform the person for whom such plans or data are furnished, 
 that he, the person furnishing such plans, is not a certified architect; provided, that 
 nothing in this act shall prevent the employment of an architect residing out of the state 
 of California to prepare plans and specifications for buildings or other structures within 
 the state, conditioned he shall present satisfactory evidence to the board of the district 
 in which the structure is to be erected that he is a competent architect, when such 
 board shall issue to such architect a temporary certificate for such employment, upon 
 the payment of a fee of five dollars. Architects' certificates issued in accordance wifj 
 the provisions of this act shall remain in full force until revoked for cause, as herein- 
 after provided for in this act. A certificate may be revoked for dishonest practices, or 
 for gross incompetency in the practice of the profession, which questions shall be 
 determined by the district board of the district in which the person whose certificate is 
 called in question shall reside, or shall be doing business; and upon a full investigation 
 of the charges by the district board, an opportunity having been given the accused to 
 be heard in his own defense or by counsel; and upon the verdict of at lease four mem- 
 bers of the district board, the board may issue its certificate to the secretary of state 
 revoking the certificate of the person accused; and the secretary of state shall there- 
 upon cancel such certificate. And on the cancellation of such certificate, it shall be the 
 duty of the secretary of the district board to give notice of such cancellation to the 
 county recorder of each county in this state, whereupon the recorder shall mark the 
 certificate recorded in his office "Canceled."
 
 ARCHITECTURE. 
 
 Act 317, §§ 6, 7 
 
 After the expiration of six months the person whose certificate was revoked may have 
 a new certificate issued to him by the secretary of state upon the certificate of the dis- 
 trict board by which the certificate was revoked. 
 
 Every certificated architect shall have a seal, the impression of which must contain 
 the name of the architect, his place of business, and the words "Certificated architect," 
 with which he may stamp all plans prepared by him. 
 
 Time of taking effect of act. 
 
 $ 6, This act shall take effect from and after its passage. 
 
 Annual license fee of architects. Receipt for fees. 
 
 § 7. Each regularly certificated architect shall pay an annual license fee of five dol- 
 lars, said fee to be paid to the secretary of the board of the district of which he shall be 
 a resident, and shall be payable in advance on January 1, and shall become delinquent 
 the first day of April, of each year, after which date it shall be delinquent, and the cer- 
 tificate of such architects who shall fail to pay their license fees by April 1 of each year, 
 shall be subject to cancellation by said district board, and notice of such cancellation 
 shall be sent to each county recorder of the state of California and to the secretary of 
 state, as provided in section 5 of the act to regulate the practice of architecture, 
 approved March 23, 1901, for cancellation of certificates. And the secretary of the said 
 district shall issue a receipt signed by the president and secretary of the district, and 
 under the seal of the district board, to each architect paying said license fee, showing 
 that said certificated architect has paid his annual license fee, which license receipt 
 shall be displayed in a prominent place in the office of said architect. The fees so col- 
 lected shall be used to meet the expenses of the state board of architecture. [New sec- 
 tion approved March 26, 1903. Stats. 1903, p. 522. In effect immediately.] 
 
 Action by architect — Proof of compliance 
 with not not essential to recovery — flatter 
 of defense. — Proof of compliance with ttiQ 
 act by thie architect is not essential to a 
 right of recovery; but non-compliance is 
 matter of defense to be set up and proved 
 by the defendant. — Harris v. Bucher, 25 Cal. 
 App. 380, 174 Pac. 56. 
 
 Board of architecture — Violation of duty 
 to fix rea-ionable rules and regulations — 
 Remedy. — If the board fixes unreasonable or 
 arbitrary rules for the examination of ap- 
 plicants, the remedy is to apply for appro- 
 priate relief, and does not Justify an attack 
 upon the validity of the act by habeas cor- 
 pus proceedings. — Ex parte McManus, 151 
 Cal. 331, 90 Pac. 702. 
 
 Certificate of board — Want of, does not 
 invalidate contract. — The certificate required 
 by the act is necessary to enable the archi- 
 tect to perform his contract, but the want 
 of it at the time of its execution does not 
 render the contract illegal and void. — Fitz- 
 hugh V. Mason, 2 Cal. App. 229. 83 Pac. 282. 
 
 Constitutionality — As to constitutionality 
 of Medical Practice Act, see Ex parte Gerino, 
 143 Cal. 412, 66 L. R. A. 249, 77 Pac. 166. 
 
 Same — Board of architecture — Mode of 
 appointment. — The provisions of the act as 
 to the mode of appointment of the members 
 of the state board of architecture are con- 
 stitutional. — Ex parte McManus, 151 Cal. 331, 
 90 Pac. 702. 
 
 Same — Delegation of legislative powor^ 
 Fixing standard of qualifications. — The leg- 
 islature may delegate its power to regulate 
 
 particular professions and fix standards of 
 qualifications therefor to public commissions 
 or boards, when such professions involve 
 the exercise of skill and the possession of 
 special knowledge and experience. — Ex parte 
 McManus, 151 Cal. 331, 90 Pac. 702. 
 
 Same— Power of board not arbitrary. — No 
 arbitrary power to make rules and regula- 
 tions for the examination of applicants is 
 conferred by the act, the authority given 
 under the act is to pass such rules and reg- 
 ulations as are reasonably adapted to the 
 purpose of determining the qualifications of 
 applicants to practice the profession of ar- 
 chitecture. — Ex parte McManus, 151 Cal. 331, 
 90 Pac. 702. 
 
 Same — Uniformity of operation — Classlfl. 
 cation. — The act is constitutional; the classi- 
 fication is reasonable, uniform in its opera- 
 tion, and makes no arbitrary or other 
 discrimination between members of a class, 
 and it does not grant special privileges or 
 immunities to any members of a class that 
 is not granted to all. — Ex parte McManus, 
 151 Cal. 331. 90 Pac. 702. 
 
 Same. — This statute can not be upheld as 
 a police measure on the ground that it 
 tended to promote the prosperity of those 
 following the profession of architecture, by 
 giving such persons who could obtain a li- 
 cense an advantage over others. — Binford v. 
 Boyd, 178 Cal. 458, 174 Pac. 56. 
 
 Same. — This act can be upheld only upon 
 the theory that the legislature believed that 
 it was injurious to the public interest to 
 allow unskill«i.i a^nd unqualified persons to
 
 Act 223 
 
 GENKRAI^ LAWS. 
 
 92 
 
 prepara plaia and specifications for the 
 erectiOT) of buildingrs, owing- to the dangers 
 which loigftt arise from defects in plans or 
 construction. — Binford v. Boyd, 178 Cal. 458, 
 174 Pac. 56. 
 
 Construction of act. — The act qualifies the 
 absolute prohibition against the preparing 
 of building plans and specifications by un- 
 licensed architects by permitting such archi- 
 tects to prepare such plans, provided the 
 owner is informed that such person has no 
 license. — Binford v. Boyd, 178 Cal. 458, 174 
 Pac. 56. 
 
 Same. — The act shows that it was not 
 intended to prevent the sale of plans by a 
 qualified person, but to prevent such sale by 
 an unqualified person, unless the purchaser 
 was informed of the fact. — Binford v. Boyd, 
 178 Cal. 458, 174 Pac. 56. 
 
 Same. — The object of the act was to se- 
 cure the erection of buildings from plans 
 
 prepared by persons sufficiently schooled in 
 the profession to secure a license from the 
 state board by complying with the state 
 law.— Binford v. Boyd, 178 Cal. 458, 174 
 Pac. 56. 
 
 Corporations. — The act does not prohibit 
 a corporation from contracting to furnish 
 architectural plans and specifications to be 
 prepared by third persons who are certified 
 architects, and there is nothing in the act 
 or the evils to be removed thereby which 
 raises the implication that such is its effect. 
 —Binford v. Boyd, 178 Cal. 458, 174 Pac. 56. 
 
 Same. — Can engage in business of archi- 
 tect by employing or engaging in certified 
 architects under this statute, or by notify- 
 ing persons with whom it contracts for 
 building plans and specifications that the 
 persons who prepare such plans and speci- 
 fications are not certified architects. — Bin- 
 ford v. Boyd, 178 Cal. 458, 174 Pac. 66. 
 
 ARMORY. 
 
 See tit. "National Guard." 
 
 ARMORY BUILDING AND WHARP. 
 See tit. "National Guard." 
 
 CHAPTER 19. 
 
 ARMS. 
 References: See tit. "Military Academies." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 323. Authorizing the Governor to Issue Arms and Accoutrements to Colleges and 
 Academies. 
 
 ACT 323 — An act to provide for the issuing arms and accoutrements to colleges and 
 
 History: Approved May 2, 1862, Stats. 1862, p. 483. 
 
 This act authorizes the governor to issue institutions with respect to the use and 
 arms to colleges or seminaries upon peti- custody of such arms. 
 
 tion and the execution of a bond, and pre- PoT»-er of governor to Issae arms and ac 
 
 scribes the duties of the trustees of such contrements. — See Kerr's Cyc. Political Code, 
 
 S 380, subd. 14. 
 
 ARREST. 
 See Kerr's Cyc. Code Civil Procedure, $$ 1143, et seq, 
 
 ARROYO DEL MEDO. 
 
 See Kerr's Cyc. Political Code, $ 2349. 
 
 ARROYO GRANDE. 
 
 See Act 3094, note. 
 
 ARSENAL. 
 See tit. "National Guard." 
 
 ARTESIAN WELLS. 
 
 See tit. "Waters."
 
 83 ASKX U AJLI/. 4TION, Act 3*^ . »» x-8 
 
 CHAPTER 25). 
 ASEXUALIZATION. 
 
 CONTENTS OF CHAPTER. 
 ACT 346. Asexualization of Inmates of Certain Tnstitutjws. 
 
 ASEXUALIZATION IN STATE INSTITUTIONS. 
 ACT 346 — An act to provide for the asexualization of inmates of state hospitals for the 
 insane, the Sonoma State Home, of convicts in the state prisons, and of idiots, and 
 repealing an act entitled "An act to permit asexualization of inmates of the state 
 hospitals and the California Home for the Care and Training of Feeble-minded 
 Children and of convicts in the state prisons," approved April 26, 1909. 
 
 History: Approved June 13, 1913. In effect August 10, 1913. Stats. 
 1913, p. 775. Amended May 17, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 571. 
 
 Prior act repealed: Act of April 26, 1909. Stats. 1909, p. 1093. 
 
 Asexualization of inmates of hospitals for insane before release. 
 
 § 1. Before any person who has been lawfully committed to any state hospital for 
 the insane, or who has been an inmate of the Sonoma State Home, and who is afflicted 
 with mental disease which may have been inherited and is likely to be transmitted t</ 
 descendants, the various grades of feeble-mindedness, those suffering from perversioi 
 or marked departures from normal mentality or from disease of a syphilitic nature, 
 shall be released or discharged therefrom, the state commission in lunacy may in its 
 discretion, after a careful investigation of all the circumstances of the ease, cause such 
 person to be asexualized, and such asexualization whether with or without the consent 
 of the patient shall be lawful and shall not render the said commission, its members or 
 any person participating in the operation liable either civilly or criminally. [Amend- 
 ment of May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 571.] 
 
 Asexualization of recidivists committed for sexual crimes. 
 
 § 2. Whenever in the opinion of the resident physician of any state prison it will be 
 beneficial and conducive to the benefit of the physical, mental, or normal condition of 
 any recidivist lawfully confined in such state prison, to be asexualized, then such physi- 
 cian shall call in consultation the general superintendent of state hospitals and the 
 secretary of the state board of health, and they shall jointly examine into the partic- 
 ulars of the case with the said resident physician, and if in their opinion or the opinion 
 of any two of them, asexualization will be beneficial to such recidivist, they may per- 
 form the same; provided, that such operation shall not be performed unless the said 
 recidivist has been committed to a state prison in this or some other state or country 
 at least two times for rape, assault with intent to commit rape, or seduction, or at least 
 three times for any other crime or crimes, and shall have given evidence while an 
 inmate of a state prison in this state that he is a moral or sexual degenerate or pervert; 
 and provided, further, that in the case of convicts sentenced to state prison for life, 
 who exhibit continued evidence of moral and sexual depravity, the right to asexualize 
 them, as provided in this section, shall apply whether they shall have been inmates of 
 a state prison in this or any other country or state more than one time or not; provided, 
 further, that nothing in this act shall apply to or refer to any voluntary patient con- 
 fined or kept in any state hospital of this state. 
 
 Asexualization of idiots. 
 
 $ 3. Any idiot if a minor, may be asexualized by or under the direction of the modi- 
 cal superintendent of any state hosi)ital, with the written consent of his or hor pnrcnt
 
 Acts 381, 3S5, § 1 GENERAL LAAVS. 84 
 
 or guardian, and if an adult, then witli the written consent of his or her lawfully 
 appointed guardian, and upon the written request of the parent or guardian of any such 
 idiot or fool, the superintendent of any state hospital shall perform such operation or 
 cause the same to be performed without charge therefor. 
 
 Repealed. 
 
 $ 4, An act entitled "An act to permit asexualization of inmates of the state hos- 
 pitals and the California Home for the Care and Training of Feeble-minded Children, 
 and of convicts in the state prison," approved April 26, 1909, is hereby repealed. 
 
 sterilization of inmates of Tacific Colony for feeble-minded and epileptics. — See, post, 
 &.ct 2163. 
 
 ASSAULT WITH CORROSIVE LIQUIDS. 
 
 See Kerr's Cyc. Penal Code, §244. 
 
 ASSESSORS. 
 
 See Kerr's Cyc. Political Code. 
 
 ASSIGNMENT OF NON-NEGOTIABLE INSTRUMENTS. 
 See Kerr's Cyc. Civil Code, $ 1459. 
 
 ATTORNEY GENERAL. 
 See Kerr 's Cyc. Political Code. 
 
 ATTORNEYS AT LAW. 
 See Kerr's Cyc. Code Civil Procedure, §§ 275, et seq. 
 
 CHAPTER 21. 
 
 AUBURN. 
 References: Incorporation, etc., see post Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 381. Removal op CEiiETEST. 
 
 ACT 381 — Authorizing the trustees of Auburn to remove a cemetery and to donate the 
 land occupied thereby to the public for a park. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 109. 
 
 CHAPTER 22. 
 AUDITORS. 
 
 CONTENTS OF CHAPTER. 
 ACT 385. Report of Commitments to Public Institutions. 
 
 REPORT OF COMMITMENTS. 
 ACT 385 — An act to provide for the supplying the county auditor with ft report of 
 commitments to public institutions. 
 
 History: Approved June 12, 1913. In effect August 10, 1913. Stats. 
 1913, p. 713. 
 
 Monthly certificate of commitments to public institutions. 
 
 § 1. The county clerk of each county shall certify to the county auditor on the first 
 day of each month, a list of all commitments to any public institution in the state,
 
 05 AUTOM*;'BILE — BANKRLPTCY AND INSOLVENCY. Acts, 3S7. 392 
 
 including reform schools, insane asylums, and other public institutions of like nature; 
 such certificate shall also contain a statement of the reason for the person so com- 
 mitted, and of the term of commitment, if the term be definitely fixed, 
 
 AUTOMOBILE. 
 
 See tit. "Motor- Vehicles." 
 
 AVALON. 
 
 See Act 3094, note. 
 
 AZUSA. 
 See Act 3094, note. 
 
 BALBOA PARK, 
 EXPOSITION AT. 
 
 See tit. "Expositions.'* 
 
 CHAPTER 23. 
 
 BAKERSFIELD. 
 References: Incorporation, etc., see post Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 387. Freeholders' Charter. 
 
 FREEHOLDERS' CHARTER. 
 ACT 387 — ^Freeholders' Charter of the City of Bakersfield. 
 
 History: Voted for and ratified at a special municipal election held 
 November 7, 1914. Filed with the secretary of state January 23, 1915. 
 Stats. 1915, p. 1552. 
 
 Duty o( city conncil to call election. — On recall is sought. — Sldler v. City Council (Cal. 
 
 presentation of recall petition, sufficient in App.), 185 Pac. 194. 
 
 form and substance, duly certified, the duty "General election." — The phrase "general 
 
 of the city council to call an election is election" in section 32 of the Bakersfield 
 
 mandatory. — Sidler v. City Council (Cal. charter, when read with other sections, has 
 
 App.), 185 Pac. 194. reference to the last general municipal elec- 
 
 Gronnds of recall. — The recall petition tion, and not general state election. — Bakers- 
 need not set forth any grounds on which field, etc., Co. v. Hay, 29 Cal. App. 289, 155 
 
 Pac. 132. 
 
 CHAPTER 24. 
 
 BANKRUPTCY AND INSOLVENCY, 
 
 CONTENTS OF CHAPTER. 
 ACT 392. Insolvent Act of 1895. 
 
 INSOLVENT ACT OF 1895. 
 ACT 392 — An act for the relief of insolvent debtors, for the protection of creditors, 
 and for the punishment of fraudulent debtors. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 131. Amended 
 February 26, 1897, Stats. 1897, p. 35; March 25, 1911, Stats. 1911, 
 p. 489. Prior acts: Act of May 4, 1852, Stats. 1852, p. 69. Amended 
 March 12, 1858, Stats. 1858, p. 58; April 27, 1860, Stats. 1860, p. 283; 
 April 27, 1863, Stats. 1863, p. 750; supplemented March 31, 1876, Stats. 
 1875-76, p. 581. Act of April 6, 1880, Stats. 1880, p. 82. Amended 
 April 6, 1891, Stats. 1891, p. 511; February 27, 1893, Stats. 1893, p. 45. 
 Repealed by the present act. The Act of 1852 was continued in force 
 by the codes. See Kerr's Cyc. Political Code, § 19; Kerr's Cyc. Code 
 Civil Procedure, § 1822. But it was superseded, if not repealed by 
 the Act of 1880. The Act of 1880 was superseded as to bank corpora- 
 tions by the "Bank Commissioners Act" (Stats. 1903, p. 365). See 
 People V. Superior Court, 100 Cal. 105. The present act is suspended 
 by the Federal Bankruptcy Act. See notes.
 
 A.«:t »a% §9 1-3 UKNEKAL. LAWS. 0« 
 
 aETICLE I. GENERAij .StTBTECT OF THE ACT. 
 
 II. VOLUNTARY ^SOLVENCY. 
 
 III. INVOLUNTAEY INSOx^VENCY. 
 
 IV. ASSIGNEES. 
 
 V. PAETNERSHIPS. CORPOEATIONS. 
 
 VI. PROOF OF DEBT. 
 
 VII. DISCHARGE. 
 
 VIII. FRAUDULENT PREFERENCES AND TRANSFBES. 
 
 IX. PENAL CLAUSES. 
 
 X. MISCELLANEOUS. 
 
 ARTICLE L 
 
 General Subject of the Act, 
 § 1. AOT, How Cited. 
 
 Act, how dted. 
 
 § 1. Every insolvent debtor may, upon compliance with the provisions of this act, be 
 discharged from his debts and liabilities. This act shall be known and may be cited as 
 the insolvent act of eighteen hundred and ninety-five. 
 
 ARTICLE n. 
 Voluntary Insolvency. 
 
 § 2. Application fob Discharge. Petition, ScHKDUiiE, Invbntobt. 
 
 § 3. Schedule, Contents Off. 
 
 § 4. Inventory. 
 
 § 5. Affidavit. 
 
 § 6. Order of Court. Possession op Sheriff. Notice of Meeting of Creditors. EtiECTiow 
 
 OF Assignee. Duty of Sheriff. 
 § 7. Publication of Order. Expenses. 
 § 8. Claims Entitled to Vote for Assignee. Claims Barred. Exceptions to Claims. 
 
 Decision, Effect of. Right of Mortgagee to Vote. 
 
 Application to superior court for discharge from liabilities. Petition, schedule, inven- 
 tory. 
 
 § 2. An insolvent debtor, owing debts exceeding in amount the sum of three hundred 
 dollars, may apply by petition to the superior court of the county, or city and county, in 
 which he has resided for six months next preceding the filing of his petition, to be 
 discharged from his debts and liabilities. In his petition he shall set forth his place 
 of residence, his inability to pay all his debts in full, his willingness to surrender 
 fill his estate and effects for the benefit of his creditors, and his desire to obtain a 
 discharge from his debts and liabilities, and shall annex thereto a schedule and 
 inventory, and valuation, in compliance with the provisions of this act. The filing of 
 such petition shall be an act of insolvency, and thereupon such petitioner shall be 
 adjudged an insolvent debtor. 
 
 Schedule, what to contain. 
 
 $ 3. Said schedule must contain a full and true statement of all his debts and 
 liabilities, exhibiting to the best of his knowledge and belief to whom said debts 
 or liabilities are due, the place of residence of his creditors, and the sum due each; 
 the nature of the indebtedness or demand, whether founded on written security, obliga- 
 tion, contract, or otherwise; the true cause and consideration thereof, and the time 
 and place when and where such indebtedness accrued, and a statement of any existing 
 pledge, lien, mortgage, judgment, or other security for the payment of the same; also. 
 (}0 outline of the facts touching any liability, directly or indirectly, in the nature of 
 of any right of action against the insolvent by any one.
 
 97 BANKRUPTCY AND INSOLVENCY. A< J9a, §§ 4-7 
 
 Inventory. 
 
 $ 4. Said inventory must contain an accurate description of all the estate, both real 
 and personal, of the petitioner, including his homestead, if any, and all property exempt 
 by law from execution, and where the same is situated, and all encumbrances thereon; 
 also, an outline of the facts touching any right of action in favor cf the insolvent 
 against any one. 
 
 AflSdavit. 
 
 $ 5. The petition, schedule, and inventory must be verified by the aflSdavit of the 
 
 petitioner annexed thereto, and shall be in form substantially as follows: I, , 
 
 do solemnly swear that the schedule and inventory now delivered by me contain a 
 full, perfect, and true discovery of all the estate, real, personal, and mixed, goods and 
 effects, to me in any way belonging; all such debts as are to me owing, or to any 
 person or persons in trust for me, and all securities and contracts, and contracts 
 whereby any money may hereafter become payable, or any benefit or advantage accrue 
 to me or to my use, or to any other person or persons in trust for me; that the schedule 
 and inventory, respectively, contain a clear outline of the facts touching any known 
 light of action against me by any one, and an outline of the facts touching all rights of 
 action in my favor against any one; that I have no lands, money, stock, or estate, 
 reversion, or expectancy, besides that set forth in my schedule and inventory; that I 
 have in no instance created or acknowledged a debt for a greater sum than I honestly 
 and truly owe; that I have not, directly or indirectly, sold, or otherwise disposed of, 
 or concealed, any part of my property, effects, or contracts; that I have not in any way 
 compounded with my creditors whereby to secure the same, or to receive or to exj3ect 
 any profit or advantage therefrom, or to defraud or deceive any creditor to whom I am 
 indebted in any manner. So help me God. 
 
 Order of court. Possession of sheriff. Notice of meeting of creditors. Election cf 
 
 assignee. Duty of sheriff, 
 
 ^ 6. Upon receiving and filing such petition, schedule, and inventory, the court shall 
 make an order declaring the petitioner insolvent, and directing the sheriff of the county, 
 or city and county, to take possession of all the estate, real and personal, of the debtor, 
 except such as may be by law exempt from execution, and of all his deeds, vouchers, 
 books of account, and papers, and to keep the same safely until the appointment of an 
 assignee. Said order shall further forbid the payment of any debts and the delivery 
 of any property belonging to such debtor, to him, or for his use, and the transfer of 
 any property by him; and shall further appoint a time and place for a meeting of the 
 creditors, to prove their debts and choose an assignee of the estate, and shall designate 
 a newspaper of general circulation published in the county, or city and county, in 
 which the petition is filed, if there be one, and if there be none, in a newspaper pub- 
 lished nearest to such county, or city and county, in which publication of such order 
 shall be made. The time appointed for the election of an assignee shall not be less 
 than eight nor more than ten days from the date of the order of adjudication. Upon 
 the granting of said order, all proceedings against the said insolvent shall be stayed. 
 When a receiver is appointed or an assignee chosen, as provided for in this act, the 
 sheriff shall thereupon deliver to such receiver or assignee, as the case may be, all 
 the property and assets of the insolvent which have come into his possession, and 
 shall be allowed and paid as compensation for his services the same expenses and fees 
 as would by law be collectible if the property had been levied upon and safely kept 
 under attachment. 
 
 Publication of order. Expenses of. 
 
 § 7. A copy of said order shall immedinfely be published by the clerk of said court, 
 in a newspaper designated therein, as often as said newspaper is printed before the 
 
 Gen. Laws — 7
 
 Act 392, g 8 GENE3RAL LAWS. OS 
 
 meeting of creditors, and be served by the clerk forthwith by the United States mail, 
 postage prepaid, or personally, on all creditors named in the schedule. There shall 
 be deposited in addition to the usual cost of commencing such proceedings a sum of 
 money sufficient to defray the cost of the publication ordered by the court, and ten 
 cents for each copy, to be mailed to or served on the creditors, which latter sum is 
 hereby constituted the legal fee of the clerk for the mailing or service required in 
 this section. 
 
 Claims entitled to vote for assignee. Claims barred. Exceptions to claims. Decision, 
 
 effect of. Right of mortgagee to vote. 
 
 $ 8. No claim shall be entitled to a vote for the election of an assignee, unless such 
 claim shall be placed on file in the office of the clerk of the court in which the pro- 
 ceedings are pending, at least two daj's prior to the time appointed for the election of 
 an assignee. All claims shall be established by a statement, showing the amount and 
 nature of the claim, and security, if any; such statement to be verified by the claimant, 
 his agent or attorney; provided, no claim barred by the statute of limitations shall be 
 proved or allowed against the estate of an insolvent debtor for any purpose. Any 
 person interested in the estate of the insolvent may file exceptions to the legality or 
 good faith of any claim, by setting forth specifically in writing his interest in the estate, 
 and the grounds of his objection to such claim; such specifications of exceptions to be 
 verified by the affidavit of the party objecting, his agent or attorney, setting out among 
 other things that such exceptions are not made for the purpose of delay, or otherwise 
 than in good faith in the best interest of said estate. Such exceptions to be filed with 
 the clerk of the court at least one day before the time appointed for the election of 
 an assignee ; and such exception shall be heard and disposed of by the court, on affidavit 
 or other evidence, in a summary manner, before the election of an assignee. But the 
 decision of the court upon the exceptions as to whether the claimant shall be entitled 
 to vote for an assignee shall not be conclusive upon the right of the party to partici- 
 pate in the assets of the insolvent, the enforcement of such right being subject to the 
 laws of the state touching the establishment of claims against the estates of insolvents 
 in case of dispute. No creditor or claimant, who holds any mortgage, pledge, or lien 
 of any kind whatever, as security for the payment of his claim, shall be permitted 
 to vote any part of his secured claim in the election of assignee, unless he shall first 
 have the value of such security fixed as provided in section forty-eight of this act, 
 or surrender to the sheriff or receiver of the estate of the insolvent, if any receiver, 
 all such property so mortgaged or pledged, or assign such lien to such receiver or 
 sheriff; such surrender or assignment of security or lien to be for the benefit of all 
 creditors of the estate of the insolvent. The value of such security, if fixed by the 
 court, shall be so fixed at least one day l)efore the day appointed for the election of an 
 assignee; in which event the claimant may prove his demand, as provided in this 
 section, for any unsecured balance subject to the same exceptions as all other claims. 
 [Amendment, Stats. 1897, p. 35.]
 
 99 BANKRUPTCY AND INSOLVENCY. Act 392, § 9 
 
 ARTICLE III 
 
 Involuntary Insolvency. 
 
 § 9. Adjudication, When Made. Petition and Bond. 
 
 § 10. Order to Show Cause. Order Forbidding Payment of Debts ob Deliveet or 
 
 Property. 
 § 11. Service op Copy op Petition on Debtor. 
 § 12. Demurrer. Answer. Trial op Issues. 
 § 13. Order of Court op Adjudication of iNsoiiVENcr. Duty op Sheriff. Meeting of 
 
 Creditors. Election op Trustee. 
 § 14. Order op Court,Publication and Service Op. Deposit op Costs and Fees. 
 § 15. Proceedings, When Dismissed. 
 
 § 16. Process Against Absent or Foreign Debtors. Duty of Sheriff. 
 § 17. Rights of Other Creditors. 
 § 18. Court May Order Sale op Property. 
 
 Adjudication, when made. Petition and bond. 
 
 § 9. An adjudication of insolvency may be made on the petition of five or more 
 creditors, residents of this state, whose debts or demands accrued in this state, and 
 amount in the aggregate to not less than five hundred dollars; provided, that said 
 creditors, or either of them, have not become creditors by assignment within thirty days 
 prior to the filing of said petition. Such petition must be filed in the superior court of 
 the county, or city and county, in which the debtor resides or has his place of business, 
 and must be verified by at least three of the petitioners, setting forth that such person 
 is about to depart from this state, with intent to defraud his creditors, or being absent 
 from the state with such intent, remains absent; or conceals himself to avoid the 
 service of legal process; or conceals, or is removing, any of his property to avoid its 
 being attached or taken on legal process; or being insolvent, has suffered his property 
 to remain under attachment, or legal process, for three days; or has confessed or 
 offered to allow judgment in favor of any creditors; or wilfully suffered judgment to 
 be taken against him by default; or has suffered or procured his property to be taken 
 on legal process, with intent to give a preference to one or more of his creditors; or 
 has made any assignment, gift, sale, conveyance, or transfer of his estate, property, 
 rights, or credits, with intent to delay, defraud, or hinder his creditors: or in con- 
 templation of insolvency, has made any payment, gift, grant, sale, conveyance or 
 transfer of his estate, property, rights, or credits; or has been arrested and held in 
 custody by virtue of any civil process of court founded on any debt or demand; and 
 such process remains in force, and not discharged by payment, or otherwise, for a 
 period of three days; or being a merchant or tradesman, has stopped or suspended, and 
 not resumed paj^ment within a period of forty days after the maturitj'- of any written 
 acknowledgment of indebtedness, unless the party holding such acknowledgment has, 
 in writing, waived the right to proceed under this subdivision; or being a bank or 
 lianker, agent, broker, factor, or commission merchant, has failed for forty days to pay 
 any moneys deposited with or received by him in a fiduciary capacity, upon demand of 
 |iayment, excepting savings and loan banks, or associations who loan the money of 
 their stockholders and depositors on real estate, and provide in their by-laws for the 
 repayment of such deposits. The petitioners may, from time to time, amend and 
 correct the petition, so that the same shall conform to the facts by leave of the court 
 before which the proceedings are pending, such amendment or amendments to relate 
 back to and be received as embraced in the original petition; but nothing in this section 
 shall be construed to invalidate any loan of actual value, or the security therefor, 
 made in good faith upon a security taken in good faith on the occasion of the making 
 of such loan. The said petition shall be accompanied by a bond with two sureties in 
 the penal sum of at least five hundred dollars, conditioned that if the debtor should 
 not be declared an insolvent, the petitioners will pay all costs and damages, including' 
 a reasonable attorney's fee, that the debtor may sustain by reason of the filino- of said
 
 Act 392, §8 10-13 GENERAL LAWS. 100 
 
 petition. The court may, upon motion, direct the filing of an additional bond with 
 different sureties, when deemed necessary. 
 
 Order to show cause. Order forbidding payment of debts or delivery of property. 
 
 ^ 10. Upon the filing of such creditors' petition, the court, or a judge thereof, shall 
 issue an order requiring such debtor to show cause, at a time and place to be fixed 
 by said court, or judge, why he should not be adjudged an insolvent debtor, and at the 
 same time, or thereafter, upon good cause shown therefor, said court, or judge, may 
 make an order forbidding the payment of any debts, and the delivery of any property 
 belonging to such debtor to him or for his use, or the transfer of any property by him. 
 
 Service of copy of petition on debtor. 
 
 § 11. A copy of said petition, with a copy of the order to show cause, shall be served 
 on the debtor, in the same manner as is provided by law for the service of summons in 
 civil actions, but such sei^ice shall be made at least five days before the time fixed for 
 the hearing; provided, that if, for any reason, the service is not made, the order may 
 be renewed, and the time and place of hearing changed by supplemental order of the 
 court; provided, however, that where the debtor or debtors on whom service is to be 
 made reside out of this state; or has departed from the state; or can not, after due 
 diligence, be found within the state; or conceals himself to avoid the service of the 
 order to show cause, or any other process or orders in the matter; or is a foreign 
 corporation, having no managing or business agent, cashier, or secretary within the 
 state, upon whom service can be made, and such facts are shown to the court, or a 
 judge thereof, by affidavit, suh court or judge thereof shall make an order that the 
 service of such order, or other process, be made by publication, in the same manner, 
 and with the same effect, as service of summons by publication in ordinary civil actions. 
 
 Demurrer. Answer. Trial of issues. 
 
 § 12. At the time fixed for the hearing of said order to show cause, or such other 
 time as it may be adjourned to, the debtor ma}' demur to the petition for the same causes 
 as is provided for demurrer in other cases by the Code of Civil Procedure. If the 
 demurrer be overruled, the debtor shall have five days thereafter in which to answer 
 the petition. If the debtor answers the petition, such answer shall contain a specific 
 denial of the material allegations of the petition controverted by him, and shall be 
 verified in the same manner as pleadings in civil actions; and the issues raised thereon, 
 may be tried with or without a jury, according to the practice provided by law for the 
 trial of civil actions. 
 
 Order of court on adjudication of insolvency. Duty of sheriff. Meeting of creditors. 
 
 Election of trustee, 
 
 § 13. If the respondent shall make default, or if, after a trial, the issues are found 
 in favor of the petitioners, the court shall make an order adjudging that said respondent 
 is, and was at the time of filing the petition, an insolvent debtor, and that the debtor 
 was guilty of the acts and things charged in the petition, or such of those acts and 
 charges as the court may find to be true; and shall require said debtor, within such 
 time as the court may designate, not to exceed three days, to file in court the schedule 
 and inventory provided for in sections three and four of this act, duly verified, as 
 required of a petitioning debtor; provided, that in the affidavit of the insolvent touching 
 his property and its disposition he shall not be required to swear that he has not 
 made any fraudulent preference, or committed any other act in conflict with the pro- 
 visions of this act; but he may do so if he desires. Said order shall further direct the 
 sheriff of the coitnty, or city and county, where the insolvency petition is filed, or the 
 receiver, if one has been theretofore appointed, to take possession of all the estate, 
 real and personal, of the debtor, except such as may be by law exempt from execution 
 
 I
 
 101 BANKRUPTCY AND INSOLVENCY. Act 392, g§ 14-1« 
 
 and of all his deeds, vouchers, books of account, and papers, and to keep the same 
 safely until the appointment of an assignee. Said order shall further forbid the pay- 
 ment of any debts, and the delivery of anj'^ property belonging to such debtor, to him, or 
 for his use, and the transfer of any property by him; and shall further appoint a time 
 and place for a meeting of the creditors, to prove theii* debts, and choose an assignee 
 of the estate, and shall designate a newspaper of general circulation published in the 
 county, or city and county, in which the petition is filed, if there be one; and if there 
 be none, in a newspaper published nearest to such county, or city and county, in 
 which publication of said order shall be made. The time appointed for the election ol 
 an assignee shall not be less than eight nor more than ten days from the date of the 
 order of adjudication. Upon granting of said order, all proceedings against the said 
 insolvent shall be stayed. When a receiver is appointed subsequent to adjudication, or 
 an assignee is chosen as provided for in this act, the sheriff shall thereupon deliver to 
 such receiver or assignee, as the case may be, all the property and assets of the insol- 
 vent which have come into his possession, and shall be allowed and paid as compensa- 
 tion for his service the same exjjenses and fees as would by law be collectible if the 
 property had been levied upon and safely kept under attachment. 
 
 Order of court, publication and service of. Deposit of costs and fees. 
 
 $ 14. A cop3' of the order provided for in section thirteen of this act, shall immedi- 
 atelj' be published by the clerk of said court in the newspaper designated therein, as 
 often as such newspaper is printed before the meeting of creditors, and upon the 
 filing, at any time before the date set for such meeting, of the schedule required by 
 said section thirteen, a copj' of said order shall be served by the clerk forthwith by 
 United States mail, postage prepaid, or personally, on all creditors named in said 
 schedule. If said schedule is not filed prior to the day fixed for the election of an 
 assignee, publication of said order as herein required shall be of itself sufficient notice 
 to the creditors of the time and place appointed for the election of an assignee. No 
 order of adjudication upon creditors' petition shall be entered unless there be first 
 deposited, in addition to the usual cost of commencing said proceedings, a sum of monej' 
 sufficient to defray the cost of the publication ordered b}' the court, and the further 
 sum of five dollars, which is hereby constituted the legal fee of the clerk for the mailing 
 or service of notice to creditors required in this section. 
 
 Proceedings, when dismissed. 
 
 $ 15. If, upon such hearing or trial, the issues are found in favor of the respondent, 
 the proceedings shall be dismissed, and the respondent shall recover costs from the peti- 
 tioning creditors in the same manner as on the final judgment in civil actions. 
 
 Process against absent or foreign debtors. Duty of sheriff. 
 
 § IC. In all cases where the debtor resides out of this state, or has departed from 
 the state; or can not, after due diligence, be found within the state; or conceals himself 
 to avoid service of the order to show cause, or any other preliminary process or orders 
 in the matter; or is a foreign corporation, having no managing or business agent, 
 cashier, or secretary within the state upon whom service of orders and process can be 
 made, and it therefore becomes necessary to obtain service of process and order to show 
 cause, as provided in section eleven of this act, then the petitioning creditors, upon 
 submitting the affidavits requisite to procure an order of publication, and presenting a 
 bond in double the amount of the aggregate sum of their claims against the debtor, 
 shall be entitled to an order of court directing the sheriff of the county, or city and 
 county, in which the matter is pending, to take into his custody a sufficient amount of 
 property of the debtor to satisfy the demands of the petitioning creditors, and the costs 
 of the proceedings. Upon receiving such order of the court to take into custody prop-
 
 Act 392, §§ 17,18 GENERAL LAWS. 103 
 
 erty of the debtor, it sliall be the duty of the sheriff to take possession of the property 
 and effects of the debtor, not exempt from execution, to an extent sufficient to cover the 
 amount provided for, and to prepare within three days from the time of taking such 
 possession, a complete inventory of all the property so taken, and to return it to the 
 court as soon as completed. The time for taking the inventory and making return 
 thereof, may be extended for good cause shown to the court, or a judge thereof. The 
 sheriff shall also prepare a schedule of the names and residences of the creditors, and 
 the amount due to each, from the books of the debtor, or from such other papers or 
 data of the debtor available that may come to his possession, and shall file such schedule 
 list of creditors and inventory with the clerk of the court. 
 
 Rights of other creditors. 
 
 § 17. In all cases where property is taken into the custody of the sheriff, as pro- 
 vided in the preceding section, if the property taken into custody by the sheriff does 
 aot embrace all the property and effects of the debtor not exempt from execution, any 
 other creditor or creditors of the debtor, upon giving bond in double the amount of 
 their claims, singly or jointly, shall be entitled to similar orders, and to like action, 
 by the sheriff, until all claims be provided for, if there be sufficient property or effects. 
 All property taken into custody by the sheriff by virtue of the giving of any such bonds 
 shall be held by him for the benefit of all creditors of the debtor whose claims shall be 
 duly proved, and as provided in this act. The bonds provided for in this and the pre- 
 ceding section to procure the order for custody of the property and the effects of the 
 debtor, shall be conditioned that if, upon final hearing of the petition in insolvency, the 
 court shall find in favor of the petitioners, such bonds and all of them shall be void; 
 if the decision be in favor of the debtor, the proceedings shall be dismissed, and the 
 debtor, his heirs, administrators, executors, or assigns, shall be entitled to recover such 
 sum of money as shall be sufficient to cover the damages sustained by him, not to exceed 
 the amount of the respective bonds, in any court having jurisdiction of the subject 
 and the parties; provided, that if either the petitioners or the debtor shall appeal from 
 the decision of the court, upon final hearing of the petition the appellant shall be 
 required to give bond to the successful party in a sum double the amount of the value 
 of the property in controversy, and for the costs of the proceedings. Any person 
 interested in the estate maj' except to the sufficiency of the sureties on such bond, or 
 bonds. When excepted to, the petitioner's sureties, upon notice to the person excepting 
 of not less than two nor more than five days, must justify before a judge or county 
 clerk in the same manner as upon bail on arrest; and upon failure to justify, or if 
 others in their place fail to justify, at the time and place appointed, the clerk or judge 
 shall issue an order vacating the order to take the property of the debtor into the 
 custody of the sheriff. 
 
 Court may order sale of property. 
 
 § 18. If in any case, pi'opcr affidavits and bonds are presented to the court, or a 
 judge thereof, asking for and obtaining an order of publication, and an order for the 
 custody of the property of the debtor, as provided in section sixteen and seventeen of 
 ihis act, and thereafter the petitioners shall make it appear satisfactory to the court, 
 or a judge thereof, that the interest of the parties to the proceedings will be subserved 
 by a sale thereof, the court may order such property to be sold, in the same manner 
 as property is sold under execution, the proceeds to be deposited in the court, to abide 
 the result of the proceedings. 
 
 1
 
 103 BANKRUPTCY AND INSOLVENCT; Act 392, §§ 19-2J 
 
 ARTICLE TV. 
 
 Assignees. 
 
 § 19, Election. Bond. 
 
 § 20. Assignee, When Appointed. 
 
 § 21. Assignment, Effect Of. 
 
 § 22. Authority op Assignee. 
 
 § 23. Assignment, Recording Of. Preparation op Schedule and Inventory by Assignkb, 
 AND Service on Creditors. 
 
 § 24. Assignee May Resign. Liability of Outgoing Assignee. 
 
 § 25. Assignee, Enumeration of Powers Of. 
 
 § 26. Insolvent to Deli\'er Books, Vouchers, Notes, etc., to Court. 
 
 § 27. Embezzlement of Property. Liability. 
 
 § 28. Penalties for Concealment, Embezzlement, etc., op Property. 
 
 § 29. Estate to be Converted Into Money. No Private Sale Without Ordeb. Petition 
 FOR Sale, Notice Of. 
 
 § 30. When Court May Order Sale of Portion of Estate. 
 
 § 31. Outstanding Debts on Property, Sale Of. Actions foe Damages, Compromise Op. 
 
 § 32. Assignees to be Allowed Necessary Expenses Rate op Commissions Allowed. 
 
 § 33. Exhibit by Assignee to Court. Exceptions. 
 
 § 34. Account by Assignee, Filing Of. Distribution of Assets. 
 
 § 35. Creditors to Share Pro Rata. Bail, Sureties of Guarantors, Rights op. 
 
 § 36. Dividends, Not Delayed by Subsequent Proof op Debts. Rights of Subsequent 
 Creditors. 
 
 S 37. Refusal to Account ok Pay Dividends. Discharge op Assignee. Duty op Dis- 
 charged Assignee. 
 
 § 38. Final Account and Dividend. 
 
 Election. Bond. 
 
 $ 19. At a meeting of the creditors in open court, those being entitled to vote, as 
 provided by section eight, shall proceed to the election of one assignee. In electing an 
 assignee, the opinion of the majority in amount of claims shall prevail. The clerk of 
 the court shall keep a minute of the deliberations of said creditors, and of the election 
 and appointment of an assignee, and enter the same upon the records of the court. 
 The assignee shall file, within five days, unless the time be extended by the court, with 
 the clerk, a bond, in an amount to be fixed by the court, to the state of California, with 
 two or more sufficient sureties, approved by the court, and conditioned for the faithful 
 performance of the duties devolving upon him. The bond shall not be void upon the 
 first recovery, but may be sued upon from time to time by any creditor aggrieved, in 
 his own name, until the whole penalty be exhausted. The sureties on such bond may 
 be required to justify upon the application of any party interested, in the same manner 
 as bail upon arrest in civil cases. 
 
 Assignee, when appointed. 
 
 § 20. If, on the day appointed for the meeting, creditors do not attend, or refuse to 
 elect an assignee; or if, after election, the assignee shall fail to qualify within the 
 proper time, or if a vacancy occurs by death or otherwise, it shall be lawful for the 
 court to appoint an assignee and fix the amount of his bond. 
 
 Assignment. Effect of. 
 
 $ 21. As soon as an assignee is elected or appointed and qualified, the clerk of the 
 court shall, by an instrument under his hand and seal of the court, assign and convey 
 to the assignee all the estate, real and personal, of the debtor with all his deeds, books 
 and papers relating thereto, and such assignment shall relate back to the commence- 
 ment of the proceedings in insolvency, and shall relate back to the acts upon which the 
 adjudication was founded, and by operation of law shall vest the title to all such prop- 
 erty and estate, both real and personal, in the assignee, although the same is then 
 attached on mesne process, as the property of the debtor, and shall dissolve any attach- 
 ment made within one month next preceding the commencement of the insolvency 
 proceedings. Such assignment shall operate to vest in the assignee all of the estate of
 
 Art 3J , §§ 22-25 GENERAL LAWS. 104 
 
 the risolvent debtor not exempt by law from execution. Wbenever such assignment 
 shaP dissolve an attachment as herein provided, it shall also vacate any judgment made 
 or entered, and dissolve and set aside any execution levied in any action or proceeding 
 aga'ttst the debtor commenced subsequently to the action in which the attachment is 
 dis' olved. 
 
 A.J thority of assignee. 
 
 5 22. The assignee shall have the right to recover all the estate, debts, and effects of 
 /■iid insolvent. If, at the time of the commencement of proceedings in insolvency an 
 iction is pending in the name of the debtor, for the recovery of a debt or other thing 
 ivhich might or ought to pass to the assignee by the assignment, the assignee shall be 
 allowed and admitted to prosecute the action, in like manner and with like effect as 
 if it had been originally commenced by him. If there are any rights of action in favor 
 of the insolvent for damages, on any account, for which an action is not pending, the 
 assignee shall have the right to prosecute the same with the same effect as the insolvent 
 might have done himself if no proceedings in insolvency had been instituted. If any 
 action or proceeding at law, or in equity, in which the insolvent is defendant is pending 
 at the time of the adjudication, the assignee may defend the same, in the same manner 
 and with like effect as it might have been defended by the insolvent. In suit prosecuted 
 or defended by the assignee, a certified copy of the assignment made to him shall be 
 conclusive evidence of his authority to sue or defend. 
 
 Assignment, recording of. Preparation of schedule and inventory by assignee and 
 service on creditors. 
 
 § 23. The assignee shall, within one month after the making of the assignment to 
 him, cause the same to be recorded in every county, or city and county, within this 
 state, where any lands owned by the debtor are situated, and the record of such assign- 
 ment, or a duly certified copy thereof, shall be conclusive evidence thereof in all 
 courts. If the schedule and inventory required by this act have not been filed by the 
 debtor the assignee shall within one month after his election, prepare and file such 
 schedule and inventory from the best information he can obtain, and shall thereupon 
 serve notice by United States mail, postage prepaid, or personally, on all creditors 
 named in such schedule, whose claims have not been filed, to forthwith prove their 
 demands. 
 
 Assignee may resign. Liability of outgoing assignee. 
 
 § 24. Any assignee may at any time, by writing filed in court, resign his appointment, 
 having first settled his accounts, and delivered up all the estate to such successor as 
 the court shall appoint; provided, that if, in the discretion of the court, the circum- 
 stances of the case require it, upon good cause being shown, the court may, at any time 
 before such settlement of account and delivery of the estate shall have been completed, 
 revoke the appointment of such assignee and appoint another in his stead. The 
 liability of the outgoing assignee, or of the sureties on his bond, shall not be in any 
 manner discharged, released, or affected by such appointment of another in his stead. 
 
 Assignee, powers of, enumerated. 
 
 $ 25. The said assignee shall have power: 
 
 1. To sue in his own name and recover all the estate, debts, and things in action, 
 belonging or due to such debtor, and no set-off or counterclaim shall be allowed in any 
 such suit for any debt, unless it was owing to such creditor by such debtor at the time 
 of the adjudication of insolvene3^ 
 
 2. To take into his possession all the estate of such debtor except property exemjit 
 by law from execution, whether attached or delivered to him, or afterward discovered, 
 iind all books, vouchers, evidence of indebtedness and securities belonging to the same. 
 
 I
 
 105 BANKRUPTCY AND INSOLVENCY. Act 392, §§ 26-29 
 
 3. In case of a non-resident absconding or concealed debtor, to demand and receive 
 of every sheriff who shall have attached any of the property of such debtor, or who 
 shall have in his possession any moneys arising from the sale of such property, all such 
 property and monej'S, on paying him his lawful costs and charges for attaching and 
 keeping the same. 
 
 4. From time to time to sell at public auction all the estate, real and personal, vested 
 in him as such assignee, which shall come to his possession and as ordered by the court. 
 
 5. On such sales to execute the necessary conveyances and bills of sale. 
 
 6. To redeem all valid mortgages and conditional contracts, and all valid pledges 
 of personal property, and to satisfy any judgments which may be an encumbrance on 
 ^iny property sold by him, or to sell such property, subject to such mortgage, contracts, 
 pledges, or judgments. 
 
 7. To settle all matters and accounts between such debtor and his debtors, subject 
 to the approval of the court. 
 
 8. Under the order of the court appointing him, to compound with any person 
 indebted to such debtor, and thereupon to discharge all demands against such person. 
 
 9. To have and recover from any person receiving a conveyance, gift, transfer, pay- 
 ment, or assignment, made contrary to any provision of this act, the property thereby 
 transferred or assigned; or in case a redelivery of the property can not be had, to 
 recover the value thereof, with damages for the detention. 
 
 Insolvent to deliver books, vouchers, notes, etc., to court. 
 
 § 26. The insolvent shall, either before or on the day appointed for the meeting of 
 creditors, deliver to the court all the commercial or account books he may have kept, 
 which books shall be deposited in the clerk's office of said court. Said insolvent shall 
 also deliver to the court at the same time, all vouchers, notes, bonds, bills, securities, 
 or other evidences of debt, in any manner relating to or having any bearing upon or 
 connection with the property surrendered by said debtor, and all such papers or securi- 
 ties shall be deposited in the clerk's office of said court, and the clerk shall hand them 
 over, together with the books of the insolvent, to the assignee who may be appointed. 
 
 Embezzlement of property. Liability. 
 
 $ 27. If any person, before the assignment is made, having notice of the commence- 
 ment of the proceedings in insolvency, or having reason to believe that insolvency pro- 
 ceedings are about to be commenced, embezzles or disposes of any of the moneys, goods, 
 chattels, or effects of the insolvent, he is chargeable therewith, and liable to an action 
 by the assignee for double the value of the property so embezzled or disposd of, to be 
 recovered for the benefit of the estate. 
 
 Penalties for concealment, embezzlement, etc., of property. 
 
 $ 28. The same penalties, forfeitures, and proceedings by citation, examination and 
 commitment shall apply on behalf of an assignee against persons suspected of having 
 concealed, embezzled, conveyed away, or disposed of any property of the debtor, or of 
 having possession or knowledge of any deeds, conveyances, bonds, contracts, or other 
 writings which relate to any interest of the debtor in any real or personal estate as 
 provided in the case of estates of deceased persons in sections one thousand four hun- 
 dred pr.d fifty-nine, one thousand four hundred and sixty, and one thousand four 
 hundred and sixty-one of the Code of Civil Procedure. 
 
 Estfete to be converted into money. No private sale without order. Petition for sale, 
 notice of. 
 
 ^ 29. The assignee shall as speedily as possible convert the estate, real and personal, 
 into money. He shall keep a regular account of all moneys received by him as assignee
 
 Act 302, §§ 30-33 GENERAL, LAWS. 109 
 
 to which every creditor or other person interested therein may, at all reasonable times, 
 have access. No private sale of any property of the estate of an insolvent debtor shall 
 be valid unless made under the order of the court, upon a petition in writing, which 
 shall set forth the facts showing the sale to be necessary. Upon filing the petition, 
 notice of at least ten daj'S shall be given by publication and mailing, in the same manner 
 as is provided in section seven of this act. If it appears that a private sale is for the 
 best interests of the estate, the court shall order it to be made. 
 
 When court may order sale of portion of estate. 
 
 § 30. In all cases where there has been personal service of the order to show cause, 
 or voluntary appearance after order of publication, when it appears to the satisfaction 
 of the court that the estate of the debtor, or any part thereof, is of a perishable nature, 
 or is liable to deteriorate in value, or is disproportionately expensive to keep, the court 
 may order the same to be sold in such manner as may be deemed most expedient, under 
 the direction of the sheriff, receiver, or assignee, as the case may be, who shall hold 
 the funds received in place of the property sold until further order of the court. 
 
 Outstanding debts or property, sale of. Action for damages, compromise of. 
 
 § 31. Outstanding debts, or other property due or belonging to the estate, which can 
 not be collected and received by the assignee without unreasonable or inconvenient 
 delay or expense, may be sold and assigned in like manner as the remainder of the 
 estate. If there are any rights of action for damages in favor of the insolvent prior to 
 the commencement of the insolvency proceedings, the same may, with the approval of 
 the court, be compromised. 
 
 Assignees to be allowed necessary expenses. Rate of commissions allowed. 
 
 § 32. Assignees shall be allowed all necessary expenses in the care, management, 
 and settlement of the estate, and shall be entitled to charge and receive for their serv- 
 ices commissions upon all sums of money coming to their hands and accounted for 
 by them, as follows : For the first thousand dollars, at the rate of seven per centum ; 
 for all above that sum and not exceeding ten thousand dollars, at the rate of five per 
 centum ; and for all above that sum, at the rate of four per centum ; provided, however, 
 that if the person acting as assignee was receiver of the property of the estate pending 
 the election of an assignee, any compensation allowed him as such receiver shall be 
 deducted from the compensation to which he otherwise would be entitled as such 
 assignee. 
 
 Exhibit by assignee to court. Exceptions. 
 
 $ 33. At the expiration of three months from the appointment of the assignee in 
 any case, or as much earlier as the court may direct, a time and place shall be fixed by 
 the court at which the assignee shall exhibit to the court and to the creditors, and file 
 just and true accounts of all his receipts and payments, verified by his oath, and a state- 
 ment of the property outstanding, specifying the c'ause of its outstanding, also what 
 debts or claims are yet undetermined, and stating what sum remains in his possession, 
 and shall accompany the same with an affidavit that notice by mail has been given to 
 all creditors named in the schedule filed by the debtor or the assignee that said accounts 
 will be heard at a time specified in such notice, which time shall not be less than ten 
 nor morp than fifteen daj's from the filing of such accounts. At the hearing the court 
 shall audit the accounts, and any person interested may appear and file exceptions 
 thereto and contest the same, and thereupon the court may order a dividend paid to 
 those creditors whose claims have been proven and allowed. Thereafter, further 
 accounts, statements, and dividends shall be made in like manner as often as occasion 
 requires; provided, however, that it shall be the duty of the assignee to file his final 
 account within one year from the date of the order of adjudication, unless the court,
 
 107 BANKRUPTCY AND INSOLA'ENCY. Act 393. §§ 34-Si 
 
 after notice to creditors, shall grant further time, upon a satisfactory showing that 
 great loss and waste would result to the estate by reason of the conversion of the 
 property into money within said time, or that it has been impossible to do so by reason 
 of litigation. 
 
 Account by assignee, filing of. Distribution of assets. 
 
 $ 34. The court shall at any time, upon the motion of any two or more creditors, 
 require the assig-nee to file his account in the manner and upon giving the notice specified 
 in the preceding section, and if he has funds subject to distribution, he shall be required 
 to distribute them without delay. 
 
 Creditors to share pro rata. Bail, sureties or guarantors, rights of. 
 
 $ 35. All creditors whose debts are duly proved and allowed shall be entitled to share 
 in the property and estate pro rata without priority or preference whatever, other than 
 as provided in this act and in section one thousand two hundred and four of the Code 
 of Civil Procedure; provided, that any debt proved by any person liable as bail, surety, 
 guarantor, or otherwise, for the debtor, shall not be paid to the person so proving the 
 same until satisfactory' evidence shall be produced of the payment of such debt by 
 such person so liable; and the share to which such debt would be entitled may be paid 
 into court, or otherwise held, for the benefit of the party entitled thereto, as the court 
 may direct. 
 
 Dividends, not delayed by subsequent proof of debts. Rights of subsequent creditors. 
 § 36. Whenever any dividend has been duly declared, the distribution of it shall not 
 be stayed or affected by reason of debts being subsequently proved, but the creditors 
 proving such debts shall be entitled to a dividend equal to those already received by 
 the other creditors, before any further dividend is made to the latter; provided, the 
 failure to prove such claim shall not have resulted from his own neglect. 
 
 Refusal to account or pay dividends, discharge of assignee. Duty of discharged 
 
 assignee. 
 
 $ 37. Should the assignee refuse or neglect to render his accounts as required by 
 sections thirty-three and thirt3'-four of this act, or pay over a dividend when he shall 
 have, in the opinion of the court, sufficient funds for that purpose, the court shall imme-. 
 diately discharge such assignee from his trust, and shall have power to appoint anothei' 
 in his place. The assignee so discharged shall forthwith deliver over to the assignee 
 appointed by the court all the funds, property, books, vouchers, or securities belonginq 
 to the insolvent, without charging or retaining any commission or compensation for hi« 
 personal services. 
 
 Final account and dividend. 
 
 § 38. Preparatory to the final account and dividend, the assignee shall submit his 
 account to the court, and file the same, and shall at the time of filing accompany the 
 same with an affidavit that a notice by mail has been given to all creditors who have 
 proved their claims, that he will apply for a settlement of his account and for a dis- 
 charge from all liability as assignee, at a time specified in such notice, which time 
 shall not be less than ten or more than twenty days from such filing. At the hearing 
 the court shall audit the account, and any person interested may appear and file excep- 
 tions in writing and contest the same. The court thereupon shall settle the account, 
 and order a dividend of any portion of the estate, remaining undistributed, and shall 
 discharge the assignee, subject to compliance with the order of the court, from all lia- 
 bility as assignee to any creditor of the insolvent.
 
 Act 302, §§ 30, 40 GE^XERAL LAWS. 108 
 
 AETICLE V. 
 Partnerships. Corporations. 
 § 39. Insolvency op Partnerships. 
 § 40. Provisions of Act Applicable to Corporations. 
 
 Insolvency of partnerships. 
 
 ^ 39. Two or more persons who are partners in business, or the surviving partner 
 of any firm, maj' be adjudged insolvent, either on the petition of such partners, or any 
 one of them, or on the petition of five or more creditors of the partnership, qualified 
 as provided for in section nine of this act, in which ease an order shall be issued in 
 the manner provided by this act, upon which all the joint stock and property of the 
 partnership, and also all the separate estate of each of the partners, shall be taken, 
 excepting such parts thereof as may be exempt by law; and all the creditors of the 
 company, and the separate creditors of each partner, shall be allowed to prove their 
 respective debts; and the assignee shall be chosen by the creditors of the copartnership, 
 and shall also keep separate accounts of the joint stock or property of the copartnership, 
 and the separate estate of each member thereof, and after deducting out of the whole 
 amount received by such assignee the whole amount of the expenses and disbursements, 
 the net proceeds of the joint stock shall be appropriated to pay the creditors of the 
 copartnership, and the net proceeds of the separate estate of each partner shall be 
 appropriated to pay his separate creditors; and if there shall be any balance of the 
 separate estate of any partner after the payment of his separate debts, such balance 
 shall be added to the joint stock for the payment of the joint creditors; and if there 
 shall be any balance of the joint stock after the payment of the joint debts, such balance 
 shall be divided and appropriated to and among the separate estate of the several 
 partners according to their respective right and interest therein, and as it would have 
 been if the partnership had been dissolved without any insolvency; and the sum so 
 appropriated to the separate estate of each partner shall be applied to the payment of 
 his separate debts, and the certificate of -discharge shall be granted or refused to each 
 partner as the same would or ought to be if the proceedings had been by or against 
 him alone under this act; and in all other respects the proceedings as to the partners 
 shall be conducted in the like manner as if they had been commenced and prosecuted 
 by or against one person alone. If such copartners reside in different counties, the 
 court in which the petition is first filed shall retain exclusive jurisdiction over the case. 
 If the petition be filed by less than all the partners of a copartnership, those partners 
 who do not join in the petition shall be ordered to show cause why they, as individuals, 
 and said copartnership, should not be adjudged to be insolvent, in the same manner as 
 other debtors are required to show cause upon a creditor's petition, as in this act pro- 
 dded; and no order of adjudication shall be made in said proceedings until after the 
 bearing of said order to show cause; provided, that in case of proceedings by or against 
 surviving partners, as such, only the partnership interest of deceased partners shall be 
 subject to the control of the court in the insolvency proceedings; but the surviving 
 partner, assignee, or creditors may pursue the property of the deceased partners in the 
 court having jurisdiction thereof in probate proceedings. 
 
 Provisions of act applicable to corporations. 
 
 ^ 40. The provisions of this act shall apply to corporations, and upon the petition 
 of any officer of any corporation, duly authorized by the vote of the board of directors 
 or trustees, at a meeting specially called for that purpose, or by the assent in writing 
 of a majority' of the directors or trustees as the case may be, or upon a creditor's 
 petition made and presented in the manner provided in respect to debtors, the like 
 proceedings shall be had and taken as are provided in the case of debtors. All the pro- 
 dsions of the act which apply to the debtor, or set forth his duties, examination, and 
 liabilities, or prescribe penalties, or relate to fraudulent conveyances, payments and
 
 109 BANKRUPTCY AND INSOLVENCY. Act 333, gg 41-43 
 
 assignments, apply to each and every officer of any corporation in relation to the same 
 matters concerning the cori^oration. "Whenever any corporation is declared insolvent, 
 all its property and assets shall be distributed to the creditors; but no discharge shall 
 be granted to anj' corporation. 
 
 AETICLE VL 
 
 Proof of Debt. 
 § 41. Proof of Debt From Debtor. 
 § 42, Claims, Proof and Allowance of Trial Op. 
 § 43. Proof, When Debtor Is Bound as Indorsee, Sxjeett, Era 
 § 44. Contingent Debts, How Allowed. 
 § 45. Bail, Surety, Guarantor, etc.. Proof of Debt By. 
 § 46. Fixed Liability, Proving Proportionate Part. 
 § 47. Set-Off or Counter-Claim. 
 
 § 48. Mortgagee, Pledgee, etc., Conditions of Admission as Creditor. 
 § 49. Creditor Proving Claim Barred From Act. Valid Lien. Unreasonable Delay. 
 
 Final judgment. 
 § 50. Fraudulent Preference. Proof of Claim. Dividends. 
 § 51. Court May Examine Debtor, Etc. 
 
 Proof of debt from debtor. 
 
 ^ 41. All debts due and payable from the debtor at the time of the adjudication of 
 insolvency, and all debts then existing but not paj^able until future time, a rebate of 
 interest being made when no interest is payable by the terms of the contract, may be 
 proved against the estate of the debtor. 
 
 Claims, proof and allowance of. Trial of. 
 
 $ 42. All demands against the debtor for or on account of any goods or chattels 
 wrongfully taken, converted, or withheld by him, may be proved and allowed as debts 
 to the amount of the value of the property so withheld, from the time of the conver- 
 sion; provided, however, that if the assignee, or any creditor whose claim has been 
 proven against the estate, shall request it in writing, the court shall require the matter 
 of such claim for damages to be tried as an ordinary action at law, to determine the 
 liability of the debtor for such damages. 
 
 Proof when debtor is bound as indorser, surety, etc. 
 
 $ 43. If the debtor shall be bound as indorser, surety, bail, or guarantor, upon any 
 bill, bond, note, or other specialty or contract, or for any debt of any person, and his 
 liability shall not have become absolute until the adjudication of insolvency, the creditor 
 may prove the same after such liability shall have become fixed, and before the final 
 dividend shall have been declared. 
 
 Contingent debts, how allowed. 
 
 ^ 44. In all cases of contingent debts and contingent liabilities, contracted by the 
 debtor, and not herein otherwise provided for, the creditor may make claim therefor 
 and have his claim allowed, with the right to share in the dividends, if the contingency 
 shall happen before the order of the final dividend; or he may, at any time, apply to 
 the court to have the present value of the debt or liability ascertained and liquidated, 
 which shall be done in such manner as the court shall order, and shaU be allowed to 
 prove for the amount so ascertained. 
 
 Bail, surety, guarantor, etc., proof of debt by. 
 
 ^ 45. Any person liable as bail, surety, or guarantor, or otherwise, for the debtor, 
 who shall have paid the debt, or any part thereof, in discharge of the whole, shall be 
 entitled to prove such debt, or to stand in the place of the creditor, if he shall have 
 proved the same, although such payments shall have been made after the proceedingp in 
 insolvency were commenced; and any person so liable for the debtor, and who has not
 
 Act 392, §§ 4«-49 
 
 GENERA li LAWS. 
 
 paid the whole of said debt, but is still liable for the same, or any part thereof, may, 
 if the creditor shall fail or omit to prove such debt, prove the same in the name of the 
 creditor. 
 
 Fixed liability, proving proportionate part. 
 
 $ 46. Where the debtor is liable to pay rent, or other debt falling due at fixed and 
 stated periods, the creditor may prove for a proportionate part thereof up to the time 
 of the insolvency, as if the same became due from day to day, and not at such fixed 
 and stated periods. 
 
 Set-off or counter-claim. 
 
 § 47. In all cases of mutual debts and mutual credits between the parties, the account 
 between them shall be stated, and one debt set off against the other, and the balance 
 only shall be allowed and paid. But no set-off or counterclaim shall be allowed of a 
 claim in its nature not provable against the estate; provided, that no set-off or counter- 
 claim shall be allowed in favor of any debtor to the insolvent of a claim purchased by 
 or transferred to him after the filing of the petition by or against him. 
 
 Mortgagee, pledgee, etc., conditions of admission as creditor. 
 
 ^ 48, When a creditor has a mortgage, or pledge of real or personal property of the 
 debtor, or a lien thereon, for securing the payment of a debt owing to him from the 
 debtor, he shall be admitted as a creditor only for the balance of the debt, after deduct- 
 ing the value of such proj^ert}', to be ascertained by agreement between him and the 
 receiver, if any, and if no receiver, then ui^on such sum as the court, or a judge thereof, 
 may decide to be fair and reasonable, before the election of an assignee, or by a sale 
 thereof, to be made in such manner as the court, or judge thereof, shall direct; or the 
 creditor may release or convey his claim to the receiver, if any, or if no receiver then 
 to the sheriff, before the election of an assignee, or to the assignee if an assignee has 
 been elected, upon such property, and be admitted to prove his whole debt. If thft 
 value of the property exceeds the sum for which it is so held as security, the assignee 
 may I'elease to the creditor the debtor's right of redemption thereon on receiving such 
 excess; or he may sell the property, subject to the claim of the creditor thereon, and in 
 either case the assignee and creditor, respectively, shall execute all deeds and writings 
 necessary or proper to consummate the transaction. If the property is not sold or 
 released, and delivered up, or its value fixed, the creditor shall not be allowed to prove 
 any part of his debt. 
 
 Creditor proving claim barred from action. Valid lien. Unreasonable delay. Final 
 
 judgment. 
 
 § 49. No creditor, proving his debt or claim, shall be allowed to maintain any suit at 
 law or in equity therefor, against the debtor, but shall be deemed to have waived all 
 right of action and suit against him, and all proceedings already commenced, or unsat- 
 isfied, judgment already obtained thereon, shall be deemed to be discharged and sur- 
 rendered thereby; and after the debtor's discharge, upon proper application and proof 
 to the court having jurisdiction, all such proceedings shall be dismissed, and such 
 unsatisfied judgments satisfied of record; provided, that no valid lien existing in good 
 faith thereunder shall be thereby affected; and further provided, that a creditor proving 
 his debt or claim shall not be held to have M^aived his right of action or suit against the 
 debtor where a discharge has been refused or the proceedings have been determined 
 without a discharge. And no creditor whose debt is provable under this act shall be 
 allowed, after the commencement of proceedings in insolvency, to prosecute to final 
 judgment any action therefor against the debtor until the question of the debtor's dis- 
 charge shall have been determined, and anj^ such suit or proceeding shall, upon the 
 application of the debtor or of any creditor, or the assignee, be stayed to await the
 
 Ill BANKRUPTCY AND INSOLVENCY. Act 302, gg !i0-53 
 
 determination of the court in insolvency on the question of discharge; provided, that 
 there be no unreasonable delay on the part of the debtor or the petitioning creditors, 
 as the case may be, in prosecuting the case to its conclusion; and provided also, that if 
 the amount due the creditor is in dispute, the suit, by leave of the court, in insolvency 
 may proceed to judgment for the purpose of ascertaining the amount due, which amount 
 may be proven in insolvency, but execution shall be stayed as aforesaid; provided, 
 further, that where a valid lien or attachment has been acquired or secured in any such 
 action, and an undertaking been offered and accepted in lieu of such lien or attach- 
 ment, the case may be prosecuted to final judgment for the purpose of fixing the 
 liability of the sureties upon such undertaking, but execution against the insolvent upon 
 such judgment shall be stayed. [Amendment, Stats. 1897, p. 36.] 
 
 Fraudulent preference. Proof of claim. Dividends. 
 
 § 50. Any person who shall have accepted any preference, having reasonable cause 
 to believe that the same was made or given by the debtor contrary to any provision of 
 this act, shall not prove the debt or claim on account of which the preference was made 
 or given ; nor shall he receive any dividend thereon until he shall first have surrendered 
 to the assignee all property, money, benefit, or advantage received by him under such 
 preference. 
 
 Court may examine debtor, etc. 
 
 § 51. The court may, upon the application of the assignee, or of any creditor of the 
 debtor, or without any application, before or after adjudication in insolvency, examine 
 upon oath the debtor in relation to his property and his estate and any person tender- 
 ing or making proof of claims, and may subpoena witnesses to give evidence relating 
 to such matters. All examinations of witnesses shall be had and depositions shall be 
 taken in accordance with and in the same manner as is provided by the Code of Civil 
 Procedure. 
 
 ARTICLE VIL 
 Discliarge. 
 
 § 52. When Debtor Mat Apply for Discharge. Notice op Applicatioit, 
 
 § 53. Discharge, When not Granted. 
 
 § 54. Opposition to Discharge. 
 
 § 55. Certificate of Discharge. 
 
 § 56. Fraudulent Debts Not Discharged. Discharge Not to Affect Co-Debtob. 
 
 § 57. Discharge Releases Debtor From What. Proviso. 
 
 § 58. Refusal op Discharge, Effect Of. 
 
 When debtor may apply for discharge. Notice of application. 
 
 5 52. At any time after the expiration of three months from the adjudication of 
 insolvency, but not later than one j^ear from such adjudication, unless the property of 
 the insolvent has not been converted into money, the debtor may apply to the court for 
 a discharge from his debts, and the court shall thereupon order notice to be given to all 
 creditors who have proved their debts, to appear, on a day appointed for that purpose, 
 and show cause why a discharge should not be granted to the debtor; said notice shall 
 be given by mail and by publication at least once a week, for four weeks, in a news- 
 paper published in the county, or city and county, or, if there be none, in a newspaper 
 published nearest such county, or city and county; provided, that if no debts have been 
 proven, such notice shall not be required. 
 
 Discharge, when not granted. 
 
 § 53. No discharge shall be granted, or if granted shall be valid, if the debtor shall 
 have sworn falsely in his affidavit annexed to his petition, schedule, or inventory, or 
 upon any examination in the course of the proceedings in insolvency, in relation to any 
 material fact concerning his estate, or his debts, or to any other material fact; or if he
 
 Act 39S, §§ 54, 55 GENERAL, LAWS, 113 
 
 has concealed any part of his estate or effects, or any books or writing relating thereto; 
 or if he has been guilty of fraud or wilful neglect in the care, custody, or delivery to 
 the assignee of the property belonging to him at the time of the presentation of his 
 petition and inventory, excepting such property as he is permitted to retain under the 
 provisions of this act, or if he has caused or permitted any loss or destruction thereof; 
 or if, within one month before the commencement of such proceedings, he has procured 
 his lands, goods, moneys, or chattels to be attached, or seized on execution; or if he 
 has destroyed, mutilated, altered, or falsified any of his books, documents, papers, writ- 
 ings, or securities, or has made, or been privy to the making of, any false or fraudulent 
 entry in any book of account or other document with intent to defraud his creditors; 
 or if he has given any fraudulent preference, contrary to the provisions of this act, or 
 made any fraudulent payment, gift, transfer, conveyance, or assignment of any part of 
 his property, or has lost any part thereof in gaming, or has admitted a false or fictitious 
 debt against his estate ; or, if having knowledge that any person has proven such false 
 or fictitious debt, he has not disclosed the same to his assignee within one month after 
 such knowledge; or if, being a merchant or tradesman, he has not, subsequently to the 
 passage of this act, kept proper books of account; or if he, or any other person on his 
 account, or in his behalf, has influenced the action of any creditor, at any stage of the 
 proceedings, by any pecuniary consideration or obligation; or if he has, in contempla- 
 tion of becoming insolvent, made any pledge, payment, transfer, assignment, or convey- 
 ance of any part of his property, directly or indirectly, absolutely or conditionally, for 
 the purpose of preferring any creditor or person having a claim against him, or who 
 is, or may be, under liability for him, or for the purpose of preventing the property 
 from coming into the hands of the assignee, or of being distributed under this act in 
 satisfaction of his debts; or if he has been convicted of any misdemeanor under this 
 act, or has been guilty of fraud contrary to the true intent of this act; or, in case of 
 voluntary insolvency, has received the benefits of this or any other act of insolvency or 
 bankruptcy, within three years next preceding his application for discharge; or if 
 insolvency proceedings in which he could have applied for a discharge are pending by 
 or against him in the superior court of any other county, or citj' and county, in the state. 
 And before any discharge is granted, the debtor shall take and subscribe an oath to the 
 effect that he has not done, suffered, or been privy to any act, matter, or thing specified 
 in this act, as grounds for withholding such discharge or as invalidating such discharge, 
 if granted. 
 
 Opposition to discharge. 
 
 { 54. Any creditor opposing the discharge of a debtor shall file specifications in 
 writing, of the ground of his opposition, and after the debtor has filed and served his 
 answer thereto, which pleadings shall be verified, the court shall try the issue or issues 
 raised, with or without a jury, according to the practice provided by law in civil actions. 
 
 Certificate of discharge. 
 
 § 55. If it shall appear to the court that the debtor has in all things conformed to 
 his duty under this act, and that he is entitled under the provisions thereof to receive 
 a discharge, the court shall grant him a discharge from all his debts, except as here- 
 inafter provided, and shall give him a certificate thereof, under the seal of the court, in 
 
 substance as follows : In the superior court of the county of , state of California. 
 
 Whereas, has been duly adjudged an insolvent under the insolvent laws of this 
 
 state, and appears to have conformed to all the requirements of law in that behalf, it 
 
 is therefore ordered by the court that said be forever discharged from all debts 
 
 and claims, which by said insolvent laws are made provable against his estate, and 
 
 which existed on the day of , on which the petition of adjudication was 
 
 filed by (or against) him, excepting such debts, if any, as are by said insolvent laws 
 
 I
 
 113 BANKRUPTCY AND INSOLVENCY. Act 392, §§ 56-50 
 
 excepted from the operation of a discharge in insolvency. Given under my hand, and 
 
 the seal of the court, this day of , A. D. . Attest: , clerk. 
 
 (Seal) , judge. 
 
 Fraudulent debts not discharged. Discharge not to affect codehtor. 
 
 $ 56. No debt created bj' fraud or embezzlement of the debtor, or his defalcation as 
 a public officer, or while acting in a fiduciary character, shall be discharged under this 
 act, but the debt may be proved, and the dividend thereon shall be a payment on account 
 of said debt; and no discharge granted under this act shall release, discharge, or affect 
 any person liable for the same debt, for or with the debtor, either as partner, joint con- 
 tractor, indorser, surety, or otherwise. 
 
 Discharge releases debtor from what. Proviso. 
 
 § 57. A discharge, duly granted under this act, shall, with the exceptions aforesaid, 
 release the debtor from all claims, debts, liabilities, and demands, set forth in his 
 schedule, or which were or might have been proved against his estate in insolvency, 
 and may be pleaded by a simple averment that on the day of its date such discharge 
 was granted to him, setting forth the same in full, and the same shall be a complete 
 bar to all suits brought on any such debts, claims, liabilities, or demands, and the 
 certificate shall be prima facie evidence in favor of such fact and of the regularity of 
 such discharge; provided, however, that any creditor of said debtor, whose debt was 
 proved or provable against the estate in insolvency, who shall see fit to contest the 
 validity of such discharge on the ground that it was fraudulently obtained, and who 
 has discovered the facts constituting the fraud subsequent to the disehai'ge, may, at any 
 time within two years after the date thereof, apply to the court which granted it to set 
 it aside and annul the same, or if the same shall have been pleaded, the effect thereof 
 may be avoided collaterally upon any such grounds. 
 
 Refusal of discharge, effect of. 
 
 § 58. The refusal of a discharge to the debtor shall not affect the administration and 
 distribution of his estate under the provisions of this act. 
 
 ARTICLE Vni. 
 Fraudulent Preferences and Transfers, 
 
 S 59. Fraudxtlent Preferences and Transfers. 
 
 Fraudulent preferences and transfers. 
 
 § 59. If any debtor being insolvent, or in contemplation of insolvency, within one 
 month before the filing of a petition by or against him, with a view to give a preference 
 to any creditor, or person having a claim against him, or who is under any liability for 
 him, procures any part of his property to be attached, sequestered, or seized on execu- 
 tion, or makes any payment, pledge, mortgage, assignment, transfer, sale, or conveyance 
 of any part of his property, either directly or indirectly, absolutely or conditionally, to 
 any one, the person receiving such payment, pledge, mortgage, assignment, transfer, 
 sale, or conveyance, or to be benefited thereby, or by such attachment or seizure, having 
 reasonable cause to believe that such debtor is insolvent, and that such attachment 
 seizure, payment, pledge, mortgage, conveyance, transfer, sale, or assignment is made 
 with a view to prevent his property from coming to his assignee in insolvency, or to 
 prevent the same from being distributed ratably among his creditors, or to defeat the 
 object of, or in any way hinder, impede, or delay the operation of, or to evade anv of 
 the provisions of this act, such attachment, sequestration, seizure, payment, pledge, 
 mortgage, transfer, sale, assignment, or conveyance, is void, and the assignee or the 
 receiver, may recover the property, or the value thereof, as assets of such insolvent 
 debtor; and if such payment, pledge, mortgage, conveyance, sale, assignment, or trans- 
 Gen. Laws — S
 
 Act392, §§60, 61 GENERAL, LAWS. 114 
 
 fer is not made in the usual and ordinary course of business of the debtor, or if such 
 seizure or sequestration is made under a judgment which the debtor has confessed or 
 offered to allow, that fact shall be prima facie evidence of fraud. All assignments, 
 transfers, conve3'ances, mortgages, or encumbrances of real estate shall be deemed, 
 under this section, to have been made at the time the instrument conveying or affecting 
 such realty was filed for record in the county recorder's office of the county, or city 
 and county, where the same is situated. 
 
 ARTICLE IX. 
 Penal Clauses. 
 § 60. Penal Offenses. Penalty. 
 
 Penal offenses. Penalty. 
 
 § 60. From and after the taking effect of this act, if any debtor or insolvent shall, 
 after the commencement of proceedings in insolvency, secrete or conceal any property 
 belonging to his estate, or part with, conceal, or destroy, alter, mutilate, or falsify, or 
 cause to be concealed, destroyed, altered, mutilated, or falsified, any book, deed, docu- 
 ment, or writing relating thereto, or remove, or cause to be removed, the same or any 
 part thereof, with intent to prevent it from coming into the possession of the assignee 
 in insolvency, or to hinder, impede, or delay his assignee in recovering or receiving the 
 same, or make any payment, gift, sale, assignment, transfer, or conveyance of any 
 property belonging to his estate, with like intent, or shall spend any part thereof in 
 gaming; or shall, with intent to defraud, wilfully and fraudulently conceal from his 
 assignee, or fraudulently or designedly omit from his schedule any property or effects 
 whatsoever; or, if in case of any person having, to his knowledge or belief, proved a 
 false or fictitious debt against his estate, he shall fail to disclose the same to his 
 assignee within one month after coming to the knowledge or belief thereof; or shall 
 attempt to account for any of his property by fictitious losses or expenses; or shall, 
 within three months before commencement of proceedings of insolvency, under the 
 false pretense of carrying on business and dealing in the ordinary course of trade, 
 obtain on credit from any person any goods or chattels, with intent to defraud; or 
 shall, with intent to defraud his creditors, within three months next before the com- 
 mencement of proceedings in insolvency, pawn, pledge, or dispose of, otherwise than 
 by bona fide transactions in the ordinary way of his trade, any of his goods and chattels 
 which have been obtained on credit and remain unpaid for, he shall be deemed guilty of 
 misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the 
 county jail for not less than three months nor more than two years. 
 
 AETICLE X. 
 Miscellaneous. 
 
 § 61. Proceedings to Continue Atteb Death of Debtor. 
 
 § 62. Statute of Limitations. 
 
 § 63. Creditor May Be Represented by Attorney or Agent. 
 
 § 64. Exemptions. Homestead. 
 
 § 65. Commencement of Proceedings, What Deemed to Be. 
 
 § 66. Words Defined. 
 
 § 67. Receiver, Appointment Of. Account, Report, Compensation. 
 
 § 68. Sections of Code of Civil Procedure Relating to Contempts, Applicablk, 
 
 § 69. Attachments. Costs a Preferred Debt. Award or Costs. 
 
 § 70. Dismissal of Voluntary Petition. 
 
 § 71. Appeals. 
 
 § 72. Repeal of Prior Act. 
 
 Proceedings to continue after death of debtor. 
 
 ^ 61. If any debtor shall die after the order of adjudication, the proceedings shall 
 be continued and concluded in like manner and with like validity and effect as if ho 
 had lived.
 
 115 BANKRUPTCY AND INSOLVENCY. Act 392, §§ 62-68 
 
 Statute of limitations. 
 
 $ 62. Pending proceedings by or against any person, copartnersliip, or corporation, 
 no statute of limitations of tiiis state shall run against a claim which in its nature is 
 provable against the estate of the debtor. 
 
 Creditor may be represented by attorney or agent. 
 
 $ 63. Any creditor, at any stage of the proceedings, may be represented by his 
 attorney or duly authorized agent. 
 
 Exemptions. Homestead. 
 
 § 64. It shaU be the duty of the court having jurisdiction of the proceedings to 
 exempt and set apart, for the use and benefit of said insolvent, such real and personal 
 property as is by law exempt from execution; ahd also a homestead, in the manner 
 provided in section one thousand four hundred and sixty-five of the Code of Civil 
 Procedure. But no property or homestead shall be set apart, as aforesaid, until it is 
 first proved that notice of the hearing of the application therefor has been duly given 
 by the clerk, by causing to be posted in at least three public places in the county at 
 least ten days prior to the time of such hearing, setting forth the name of said insolvent 
 debtor, and the time and place appointed for the hearing of such application, which 
 said notice shall briefly indicate the homestead sought to be exempted or the property 
 sought to be set aside; and the decree must show that such proof was made to the 
 satisfaction of the court, and shall be conclusive evidence of that fact. 
 
 Commencement of proceedings, what deemed to be. 
 
 § 65. The filing of a petition by or against a debtor upon which, or upon an amend- 
 ment of which, an order of adjudication in insolvency may be made, shall be deemed to 
 be the commencement of proceedings in insolvency under this act. 
 
 Words defined. 
 
 § 66. Words used in this act in the singular, include the plural, and in the plural, 
 the singular, and the word "debtor" includes partnerships and corporations. 
 
 Receiver, appointment of. Account, report, compensation. 
 
 ^ 67. Upon the filing of either a voluntary or involuntary petition in insolvency, a 
 receiver may be appointed by the court in which the proceeding is pending, or by a 
 judge thereof, at any time before the election of an assignee, when it appears by the 
 verified petition of a creditor that the assets of the insolvent, or a considerable portion 
 thereof, have been pledged, mortgaged, transferred, assigned, conveyed, or seized, on 
 legal process, in contravention or violation of the provisions of section fifty-nine of this 
 act, and that it is necessary to commence an action to recover the same. The appoint- 
 ment, oath, undertaking and powers of such receiver shall in all respects be regulated 
 by the general laws of the state applicable to receivers. When an assignee is chosen, 
 and has qualified, the receiver shall forthwith return to court an account of the assets 
 and property which have come into his possession, and of his disbursements, and a 
 report of all actions or proceedings commenced by him for the recovery of any property 
 belonging to the estate, and the court shall thereupon summarily hear and settle the 
 receiver's account, and shall allow him a just compensation for his services, including 
 a reasonable attorney's fee, whereupon the receiver shall deliver all property, assets, 
 or effects remaining in his hands, to the assignee, who shall be substituted for the 
 receiver in all pending actions or proceedings. 
 
 Sections of Code of Civil Procedure relating to contempts applicable. 
 
 $ 68. All sections of the Code of Civil Procedure of the state of California relating to 
 contempts are hereby made applicable to all proceedings under this act.
 
 Act 392, 8§ 69-72 GENERAL, LAWS. 116 
 
 Attachment. Costs a preferred debt. Award of costs. 
 
 $ 69. When an attachment has been made and is not dissolved before the commence- 
 ment of proceedings in insolvency, or is dissolved by an undertaking given by the 
 defendant, if the claim upon which the attachment suit was commenced is proved 
 against the estate of the debtor, the plaintiff may prove the legal costs and disburse- 
 ments of the suit, and of the keeping of the property, and if the levying of said attach- 
 ment and the putting of the sheriff's keeper in charge has had the effect of preserving 
 intact the assets of said insolvent, and the general creditors have been benefited thereby, 
 the amount of costs allowed shall be a preferred debt. In all contested matters in 
 insolvency the court may, in its discretion, award costs to either party, to be paid by 
 the other, or to either or both parties, to be paid out of the estate, as justice and equity 
 may require; and in awarding costg, the court may issue execution therefor. In all 
 involuntary cases under this act, the court shall allow the petitioning creditors out of 
 the estate of the debtor, if any adjudication of insolvency be made, as a preferred 
 claim, all legal costs and disbursements incurred by them in that behalf. fAmendment 
 approved March 25, 1911; Stats. 1911, p. 489.] 
 
 Dismissal of petition where it is voluntary. 
 
 $ 70. The court may, upon the application of the debtor, if it be a voluntary petition, 
 or of the petitioning creditors, if a creditor's petition, dismiss the petition and discon- 
 tinue the proceedings at any time before the appointment of an assignee upon giving 
 ten days' notice to the creditors, in the same manner that notice of the time and place 
 of an election of an assignee is given, if no creditor files written objections to such 
 dismissal; provided, however, that by consent of all creditors the proceedings may be 
 dismissed at any time. After the appointment of an assignee, no dismissal shall be 
 made without the consent of all parties interested in or affected thereby. 
 
 Appeals. 
 
 $ 71. An appeal may be taken to the supreme court in the following cases : 
 
 1. From an oj'der granting or refusing an adjudication of insolvency; 
 
 2. From an order made at the hearing of any account of an assignee, allowing or 
 rejecting a creditor's claim, in whole or in part; 
 
 3. From an order granting or overruling a motion for a new trial; 
 
 4. From an order settling an account of an assignee; 
 
 5. From an order against or in favor of setting apart homestead or other property 
 claimed as exempt from execution; 
 
 6. From an order granting or refusing a discharge to the debtor. 
 
 The notice, undertaking, and procedure on appeal shall conform to the general laws 
 of this state regulating appeals in civil cases, except that when an assignee has given 
 an official undertaking and appeals from a judgment or order in insolvency, his official 
 undertaking stands in the place of an undertaking on appeal, and the sureties therein 
 are liable on such undertaking; provided, however, that an appeal from an order grant- 
 ing or refusing an adjudication of insolvency shall not stay proceedings unless a written 
 undertaking be entered into on the part of the appellant, with at least two sureties, in 
 such an amount as the court, or a judge thereof, may direct, but not less than double the 
 value of the property involved, to the effect that if the order appealed from be affirmed, 
 or the appeal dismissed, appellant will pay all costs and damages which the adverse 
 parties may sustain by reason of the appeal and the stay of proceedings. 
 
 Repeal of prior act. 
 
 $ 72. The insolvent act of eighteen hundred and eighty, and all amendments thereto, 
 are hereby repealed; provided, however, that such repeal shall in no manner invalidate 
 or affect any case in insolvency instituted and pending in any court on and prior to the 
 day when this act shall take effect.
 
 11" 
 
 BAXKRUPTCV AND I.XSOLVEXCY. 
 
 Act 3d:: 
 
 I. CONSTITUTIONALITY. 
 
 1. Act of 1852. 
 
 2. Legislative power — Concurrent 
 
 jurisdiction. 
 
 3. Same — Notice to creditors — Order 
 
 in chambers. 
 
 4. Supplementary act of 1876. 
 
 5. Appeal in contempt proceedings. 
 
 6. Impairing obligations of contracts. 
 
 7. Extra-territorial operation. 
 
 8. Power of congress not exclusive. 
 
 II. FEDERAL BANKRUPTCY ACT, 
 
 9. Federal Bankruptcy Act of 1898. 
 
 10. Federal act supersedes state law. 
 
 11. Enactment of state law while fed- 
 
 eral law was in force. 
 
 12. Suspension of state law. 
 
 13. Enactment of federal law. 
 
 14. Insolvent act of 1852. 
 
 15. Suspension of cases pending. 
 
 16. Repeal of federal law — Revival of 
 
 state law. 
 
 17. Jurisdiction of U. S. courts exclu- 
 
 sive. 
 17a. Mining corporations. 
 
 III. INSOLVENT ACT. 
 
 18, 19. Construction. 
 
 20. Act of 1852 not a bankrupt act, 
 
 21. Surrender of property by preferred 
 
 creditor. 
 22- 24. Partnerships. 
 
 25. Set-off. 
 
 25a. Gamblers entitled to benefits. 
 
 25b. Insurance corporations — Act ap- 
 plies to. 
 
 25c. Not superseded by § 601, Political 
 Code. 
 
 25d. Saving clause of Act of 1880— Ef- 
 fect of, 
 
 rV. PROCEEDINGS. 
 a. In general. 
 25c. Special proceedings — No intend- 
 ments. 
 
 26. Special proceeding — Not an action. 
 
 27. Collection of debts — Provable claim. 
 
 28. Special case — under Act of 1852. 
 
 29. Regularity. 
 
 30, 30a. Collateral attack. 
 
 31. Resident creditors only may insti- 
 
 tute. 
 
 32. Dismissal. 
 
 33. Appearance of insolvent. 
 
 34. Strict compliance with act essential. 
 34a. Same — Question of law. 
 
 35,35a. Insolvency proceeding against in- 
 surance company. 
 
 36. Abatement by death of insolvent. 
 
 b. Jurisdiction of court. 
 
 37. Jurisdiction of supreme court — Con- 
 
 stitutional amendments. 
 
 38. Prerequisites^District court. 
 
 39. Petition averment of creation of 
 
 debts in state unnecessary. 
 
 40. When first step shows want of juris- 
 
 diction. 
 
 41. Foreign corporation. 
 
 42. How jurisdiction acquired. 
 
 43. Same — Insolvent corporation. 
 
 44. .Jurisdiction attaches. 
 
 45. Jurisdictional facts — Proof of 
 
 losses. 
 
 46. Same — Residence. 
 
 47. Jurisdiction to appoint assignee. 
 
 48. Jurisdiction to discharge insolvent. 
 
 49. Jurisdiction — Question of law for 
 
 court, not of fact for jury. 
 
 50. Subsequent facts not conditions of 
 
 jurisdiction. 
 
 51. Jurisdiction after discharge. 
 
 52. Jurisdiction not lost by discharge. 
 
 53. Jurisdiction is one quasi in rem. 
 
 54. Where petition does not show fraud. 
 
 55. Custody of estate when federal act 
 
 becomes affective not lost when 
 jurisdiction previously acquired. 
 
 56. Jurisdiction in equity to compel 
 
 assignee to execute trust. 
 
 57. Proceedings are not stricti juris, 
 
 58. Several petitions of partners, 
 
 59. Debts of banker. 
 
 59a. Failure to file bond not jurisdic- 
 tional. 
 
 c. Parties. 
 
 60. No parties except insolvent at filing 
 
 of petition. 
 
 61. Insolvent, who is. 
 62- 66. Insolvency defined. 
 
 67. Excess of assets over liabilities. 
 
 68. Means in another state. 
 
 69. Act of insolvency, 
 
 70. Partnership. 
 
 71. Insurance companies. 
 
 d. Petition. 
 
 72. Commencement of proceedings. 
 
 73. Complaint — Petition and schedule. 
 
 74. How addressed and entitled. 
 
 75. What must state — Discharge of 
 
 debts. 
 
 76. Same — Indebtedness to five credi- 
 
 tors. 
 
 77. Same — Same. 
 
 78. Same — Same — Creditors described 
 
 as firms. 
 
 79. Same — Same — Same, 
 
 80. What need not state — Six months' 
 
 residence, 
 
 81. Same — Same, 
 
 82. Same — Same. 
 
 82a. Place of business of corporation. 
 
 83. Residence — Sufiicient statement, 
 
 84. Same — Same. 
 
 85. Same — Failure to state six months* 
 
 residence. 
 
 86. Averment of creation of debts in 
 
 state. 
 
 87. Statement of name of each creditor. 
 
 88. Failure to include all property. • 
 
 89. Insufficiency in mode of statement 
 
 — Collateral attack. 
 
 90. Vagueness of statement — Collateral 
 
 attack. 
 
 91. Statement of insolvency of debtor, 
 
 necessary. 
 
 92. Specific allegations of fraud. 
 
 93. Amended petition — Four creditors. 
 
 94. Allegation of partnership. 
 
 95. Negativing fiduciary character of 
 
 debts. 
 
 96. Partnership petition — Sufficiency of.
 
 \c» 3»3 
 
 GENERAL. LAWS, 
 
 118 
 
 97. Application in joint name of part- 
 
 ners. 
 97a. Same — Surrender of joint property 
 only, insufficient. 
 
 98. Insufficiency not obviated by proof. 
 
 99. Signature of insolvent not required. 
 99a. Failure of petitioners to sign not 
 
 ground of collateral attack. 
 
 100. Signature of insolvent not required 
 
 — May be signed by attorney. 
 
 101. Need not be verified. 
 
 102. Creditors' petition — Verification. 
 
 103. Verification in usual form. 
 
 104. Amended petition — Verification by 
 
 new creditor. 
 
 105. Prayer for discharge not necessary. 
 
 106. Collateral attack. 
 
 e. Schedule. 
 
 107. Schedule and petition constitute 
 
 complaint. 
 
 108. Schedule consists of three parts: 
 
 Losses, debts, and inventory. 
 
 109. Inventory most material part. 
 
 110. Defective statement not ground of 
 
 dismissal. 
 
 111. Failure to state items with sufficient 
 
 particularity. 
 
 112. Same — Creditor not prejudiced. 
 
 113. Statement when creditor unknown. 
 
 114. Omission of dollar mark. 
 
 115. Failure to allege ignorance when 
 
 creditor unknown. 
 
 116. Insufficiently described note. 
 
 117. Variance in description of debt. 
 
 118. Same. 
 
 119. Defective description of promissory 
 
 notes. 
 
 120. Intentional omission of property. 
 
 121. Inaccurate description of promis- 
 
 sory note. 
 
 122. Meagreness of detail. 
 
 123. Errors in not fatal to right to dis- 
 
 charge. 
 
 124. Examination of insolvent in refer- 
 
 ence to schedule. 
 
 125. Omission of worthless debts not 
 
 fraudulent. 
 
 126. Omission of property from verified 
 
 schedule— Perjury. 
 
 127. Debts — Unliquidated damages. 
 
 128. Same — Provable debt. 
 
 129. Same — Purpose of schedule. 
 
 129a. Same — "False and fictitious 
 debts. ' ' 
 
 130. Same — Partnership property. 
 130a. Same — Contingent debts. 
 
 131. Losses — Vague and indefinite state- 
 
 ment. 
 
 131a. Same — Estimate not honestly made. 
 
 131b. Indebtedness of insurance com- 
 panies — Estimate of. 
 
 132. Assets not losses material in con- 
 
 test of discharge. 
 
 133. Losses — Amend to make more defi- 
 
 nite. 
 
 134. Same — Schedule fatally defective. 
 134a. Same — Summary of. 
 
 135. Same — Purpose is to show cause of 
 
 insolvency. 
 135a. Assets — Estate in expectancy. 
 
 136. Signature of insolvent. 
 
 136a. Same — Schedule of losses only. 
 
 137. Verification necessary. 
 
 138. Verification by involuntary insol- 
 
 vent not required. 
 
 139. Verification before judge not be- 
 
 fore notary. 
 
 f. Answer. 
 
 140. Verification. 
 
 141. Plea to charge of fraud. 
 
 g. Bond. 
 
 142. Covers only costs and damages. 
 
 143. Necessity — A proceeding without 
 
 bond. 
 
 144. Failure to give. 
 
 145. Failure to file not jurisdictional. 
 
 146. Defect in. 
 147, 147a. Sufficiency. 
 
 148. Same — Creditors and debtor only 
 
 interested. 
 
 149. Effect of objections to. 
 
 150. Creditors only can sue. 
 
 151. Wrongful seizure and detention of 
 
 property or money — Assignee's 
 sureties not liable. 
 
 h. Order to show cause, and notice to creditors. 
 
 152. Publication — Sufficiency. 
 
 153. Order to show cause — Served by 
 
 publication. 
 
 154. Same — Sufficient. 
 
 155. Same — Insufficient. 
 
 156. Notice to creditors — Order to pub- 
 
 lish and order for meeting of 
 creditors. 
 
 157. Same — Not process. 
 
 158. Same — No provision for notice to 
 
 signers of creditors' petition. 
 
 159. Same — Publication. 
 
 160. Same — Date of publication. 
 
 161. Same — Publication sufficient. 
 
 162. Same — Same. 
 
 163. Same — Same. 
 
 164. Same — Newspaper need not be 
 
 designated. 
 
 165. Same — Service by mail. 
 
 166. Same — Service by mail sufficient. 
 
 167. Same — Proof of publication. 
 
 168. Same — Same. 
 
 169. Same — Same — May be by affidavit. 
 
 170. Same — Affidavit of publication. 
 
 t. Service of copy of petition on debtor. 
 
 171. Collateral attack, after service. 
 
 j. Receiver. 
 
 172. Functions. 
 
 173. Authority to bring suit. 
 
 174. Goods of third party. 
 
 175. Not liable for tort. 
 
 176. The sheriff a mere custodian. 
 
 177. Refusal to take possession of goods 
 
 offered voluntarily. 
 
 178. Is not a trespa.sser in accepting 
 
 goods voluntarily surrendered. 
 
 179. Holds possession for the court. 
 
 180. Not protected when he takes goods 
 
 of third person. 
 
 181. No right to seize goods of insolvent 
 
 in hands of third person. 
 
 182. Examination of insolvent. 
 
 183. Appointment in chambers.
 
 119 
 
 nAMvRLrTCV AND INSOLVENCY. 
 
 Aft 39: 
 
 184. 
 185. 
 
 186. 
 
 187- 196. 
 197. 
 198. 
 
 199. 
 
 200. 
 201. 
 
 202. 
 
 203. 
 
 204, 205. 
 
 ' 206. 
 
 207. 
 208. 
 209. 
 210. 
 211,212. 
 212a. 
 213. 
 214. 
 215. 
 216. 
 217. 
 217a, 
 218. 
 219. 
 220. 
 
 "k. Assignee. 
 
 Officer of court. 
 
 Election — Who may vote — Unse- 
 cured claim. 
 
 Same — Majority in amount of 
 claims. 
 
 Title of. 
 
 Same — Voluntary assignment. 
 
 Concealment of newly discovered 
 property. 
 
 Conveyance of newly discovered 
 property to insolvent. 
 
 Delivery of property to assignee. 
 
 Discovery of property after dis- 
 charge. 
 
 Eight of recovery — Fraudulent 
 transfer. 
 
 Remedies of. 
 
 Recovery of personal property. 
 
 Right to set aside fraudulent con- 
 veyance. 
 
 Action for conversion. 
 
 Right against execution levy. 
 
 Petition to sell insolvent estate. 
 
 Sale — Vested devise. 
 
 Sale of insolvent's estate. 
 
 Sale may be set aside. 
 
 Petition to sell estate of insolvent. 
 
 Liability of. 
 
 Same — Mistake in bookkeeping. 
 
 Same — Expenses. 
 
 Itemized account. 
 
 Settlement of account. 
 
 Commissions. 
 
 Same — Disbursement of surplus. 
 
 Power to carry on business. 
 
 I. Assignments. * 
 
 221. Void unless made under act. 
 
 222. Construction. 
 
 223. Growing crop on homestead. 
 
 224. Time of taking effect. 
 
 225. Requirements, under the act. 
 
 226. Same — Must embrace a trust. 
 
 227- 231. Assignment for the benefit of 
 creditors. 
 231a. Same — Mortgage. 
 
 232. Same — Purpose of 39th section of 
 
 insolvent act of 1852. 
 
 233. Same — Repeal of code provisions. 
 
 234. Exempt property does not pass. 
 234a. Not void because property inven- 
 toried too high. 
 
 TO. Exemptions. 
 
 235. Objections to. 
 
 236. Double claim. 
 
 237. Farm implements. 
 
 238. Partnership property. 
 
 n. 'Homestead. 
 
 239. Leased property. 
 
 240. Set aside only on insolvent's re- 
 
 quest. 
 
 241. Encumbrances not considered in fix- 
 
 ing value. 
 
 242. Created by recorded declaration. 
 
 243. Hotel. 
 
 244. Under Act of 1880. 
 
 245. Opposition. 
 
 1. Attachment. 
 0. Property covered by lien. 
 
 246. 
 
 247. 
 248. 
 249. 
 250, 251. 
 252. 
 253. 
 
 254. 
 
 Appointment of receiver — Effect 
 
 upon lien. 
 Levy of, within one month. 
 Same. 
 
 Costs in wrongful attachment. 
 Dissolution. 
 Release of sureties. 
 Same — Redelivery levied. 
 
 2. Execution. 
 Levy within one month. 
 
 254a. Not affected by adjudication. 
 
 3. Mechanics. 
 
 255. Not provable in insolvency proceed- 
 
 ings. 
 
 4. Mortgage. 
 
 256. Foreclosure suits not covered. 
 
 257. Mortgage liens not affected by pro- 
 
 ceedings. 
 
 258. Chattel mortgage — Delayed record. 
 
 259. Possession of mortgagee — Knowl- 
 
 edge of insolvency. 
 
 260. Holding title as security for pur- 
 
 chase-price. 
 
 261. Claim secured by mortgage on ex- 
 
 empt property. 
 
 262. Same — Right to dividends. 
 
 263. Order staying proceedings does not 
 
 prevent mortgage foreclosure. 
 
 p. Fraudulent transfers. 
 
 264. A transfer to hinder, delay, and de- 
 
 fraud creditors is void. 
 
 265. Same. 
 
 266. Insolvent act deals with transfers to 
 
 creditors only. 
 267- 269. Transfers with one month. 
 
 270. Transfer in preference to creditor 
 
 not necessarily fraudulent. 
 
 271. No rule of law to prevent an insol- 
 
 vent debtor from giving prefer- 
 ence. 
 
 272. Same — Section 39 does not prohibit 
 
 preferences. 
 
 273. Transferee's knowledge of insol- 
 
 vency. 
 
 274. Transfer to secure future payments 
 
 — Good faith of transferee — 
 Ignorance of insolvency. 
 
 275. Transferee's want of notice of sel- 
 
 ler's fraud. 
 
 276. Creditors knowledge of insolvency 
 
 implied when. 
 
 277. Same. 
 
 278, 279. Transfer out of the usual course of 
 
 business. 
 280, 281. Same — Prima facie presumption. 
 
 282. Same — Transfer on Sunday with 
 
 knowledge of attachment. 
 
 283. Same — Bill of sale of entire stock 
 
 in trade. 
 
 284. Same — Entire stock in trade. 
 285- 287. Same — Books of account. 
 
 288. Same — Instruction held out of 
 
 place. 
 
 289. Action by assignee — Creditor with- 
 
 out knowledge of insolvency. 
 
 289a. Same — Transfer eight months prior 
 to commencement of proceedings. 
 
 289b. Same — Unsuccessful defense — At- 
 torney 's fee.
 
 Act 302 
 
 GEIVS^RAL. LAWS. 
 
 290. Question of intent is one of fact, 
 
 not of law. 
 
 291. Motives creditor immaterial, when. 
 
 292. Payment of debt incurred in fidu- 
 
 ciary capacity. 
 
 293. Sale of entire stock of goods with 
 
 intent to give preference. 
 
 294. Good faith of transferee — Payment 
 
 of full value. 
 
 295. Purchase by copartner at public 
 
 auction. 
 
 296. Transfer void as to transferee and 
 
 subsequent transferees. 
 
 297. Prima facie ease rebutted. 
 
 298. Confession of judgment in favor 
 
 of creditor. 
 
 299. Prohibition to restrain assignee's 
 
 action. 
 
 299a. Transfer to hinder, delay, and de- 
 fraud creditors involves actual 
 fraud. 
 
 299b. Act construed as to fraud. 
 
 q. Debts in fiduciary capacity, 
 
 300. Dealer in mining stocks. 
 
 r. Hearing and trial. 
 
 301. Time set for hearing — Adjourn- 
 
 ment of court. 
 301a. Issue of fraud should be tried by 
 a jury. 
 
 s. Evidence. 
 
 302. Prima facie evidence of fraud sub- 
 
 ject to rebuttal. 
 303, 304. Certified copy of assignment con- 
 clusive. 
 
 305. Same — Legislative power to make 
 
 rule. 
 
 306. Fraudulent understanding. 
 
 307. Conflict as to fraudulent transfer. 
 
 308. Prima facie evidence of fraudulent 
 
 transfer. 
 
 309. Same — Suflicient to set aside trans- 
 
 fer. 
 
 310. Same — Transfer not in usual course 
 
 of business. 
 
 311. Knowledge of insolvency — Admis- 
 
 sions. 
 
 312. Affidavit of insolvent. 
 
 313. Proof of non-citizenship — non- 
 
 residence. 
 313a. Account books — Failure to present 
 
 is prima facie fraudulent. 
 313b. Certificate of discharge is prima 
 
 facie evidence of regularity of 
 
 proceedings. 
 313c. Same. 
 
 t. Instructions. 
 
 314. Fraud in execution of deed — In- 
 
 struction erroneous, 
 
 315. Fraudulent intent — Instruction 
 
 erroneous. 
 
 u. Findings and concliisions. 
 
 316. Unnecessary. 
 
 317. Finding of indebtedness sufficiently 
 
 supported. 
 
 V. Adjudication of insolvency. 
 
 318. May be made on return day of 
 
 order to show cause, without 
 meeting of creditors. 
 
 319. When made. 
 
 320. Order is interlocutory — Entry in 
 
 minutes. 
 
 321. Order relates back to date petition 
 
 was filed. 
 
 322. Order is sufficient proof, when. 
 
 323. Sufficiency of order. 
 
 323a. Attorney's fee for contesting. 
 
 w. Notice of adjudication. 
 
 324. Mailing sufficient, when. 
 
 325. Clerical error in affidavit of mail- 
 
 ing. 
 
 326. Clerical error in publication. 
 
 X. Discharge. 
 
 327. Pending appeal from order setting 
 
 apart homestead. 
 
 328. Pending election of assignee. 
 
 329. Objections to discharge. 
 
 330. Assignee may oppose on ground of 
 
 fraud of insolvent. 
 
 331. Creditor's opposition. 
 
 332. Same — Eight of creditor to oppose. 
 
 333. Same — Same — Need not be judg- 
 
 ment creditor. 
 
 334. Same — Formal answer to objeo 
 
 tions. 
 
 335. Same — Waiver of formal answers 
 
 to objections. 
 
 336. Same — IJnanswered specifications. 
 336a. Same — Failure to answer — Dis- 
 missal. 
 
 337. Same — Each objection requires an 
 
 answer as a separate defense. 
 
 338. Same — Objections stricken out. 
 339- 344. Same — Failure to keep proper ac- 
 count books. 
 
 345. Same — Burden of proof is on 
 
 creditors. 
 
 346. Same — Too late, when. 
 
 347. General demurrer — Plea amounting 
 
 to. 
 348, 348a. Creation of fraudulent debt in fidu- 
 ciary capacity. 
 
 349. "Sworn falsely" — Unintentional 
 
 mistake. 
 349a. Same — Element of fraud essential. 
 
 350. Benefit of act — Prior illegal pro- 
 
 ceeding. 
 
 351. Former adjudication — Ees ad judi- 
 
 cata. 
 
 352. Ignorant preference. 
 
 353. Fraud in procuring — Forfeiture of 
 
 benefits of act. 
 
 354. As a bar — Fraud in procuring. 
 
 355. Same — Future liability — Hiring 
 
 for a fixed term. 
 
 356. Same — Debts created in a fiduciary 
 
 capacity. 
 
 357. Same — No defense, when. 
 
 358. Same— Under Act of 1880. 
 
 359. Same — Promissory note. 
 
 360. Same — Contract of hiring. 
 
 361. Effect — Debts owing at time of 
 
 filing petition. 
 
 362. Same — Release of mortgage. 
 
 363. Same — Judgment not satisfied, 
 
 when. 
 
 364. Same — Judgment rendered in an- 
 
 other state. 
 
 365. Same — Under void proceedings. 
 
 1
 
 BANKRLPTCY AND IXSOLA'EXCY. 
 
 Act 302 
 
 36G. Same — Judgment of discharge does 
 not extinguish the debt. 
 
 367. Same — Final as to insolvent juris- 
 
 diction to administer trust re- 
 mains. 
 
 368. Same — Discharge of partner as in- 
 
 dividual. 
 
 369. Agreement not to contest discharge 
 
 void. 
 
 370. Denial — Return of goods to sheriff. 
 
 371. Fraud in procuring, may be pleaded 
 
 by the sheriff, when. 
 
 372. Collateral attack upon — Jurisdic- 
 
 tion of court not a proper sub- 
 ject of inquiry. 
 373- 375. Extra-territorial operation and ef- 
 fect. 
 
 376. Action to set aside for fraud. 
 
 377. Same — Assignee. 
 
 378. Same — Creditor. 
 
 379. Same — Same. 
 
 380. Stay of proceedings pending peti- 
 
 tion for discharge. 
 380a. Right to set aside for fraud, not 
 assignable. 
 
 y. Judgment. 
 
 381. In rem, as to status of debtor. 
 
 382. Collateral attack upon — Recital of 
 
 jurisdictional facts. 
 
 383. Void for want of jurisdiction. 
 
 384. Docketing not required to preserve 
 
 lien. 
 
 z. Contempt. 
 
 385. Failure to file schedule — Failure to 
 
 obey citation. 
 
 386. Holding property claimed by re- 
 
 ceiver. 
 
 387. Refusal to surrender property. 
 
 aa. Appeal and error. 
 
 388. Order refusing adjudication. 
 
 389. Order requiring verification of 
 
 schedule. 
 
 390. Time of appeal. 
 
 391. Jurisdiction of supreme court. 
 
 392. Appealable order — Res adjudieata. 
 893. Appeal by creditor — Service of no- 
 tice of appeal. 
 
 394. Same — Not estopped by making 
 
 proof of claim. 
 
 395. Right of appeal regulated by gen- 
 
 eral law. 
 
 396. Bond of assignee operates as un- 
 
 dertaking on appeal. 
 
 397. Order denying motion to dismiss. 
 
 398. Crudities and bad grammar in peti- 
 
 tion do not vitiate it on appeal. 
 
 399. Appeal by creditor stays all pro- 
 
 ceedings under order of adjudi- 
 cation. 
 
 400. Appealable order. 
 
 401. When evidence is insufficient. 
 
 402. Appeal in contempt proceedings. 
 
 bb. Attorney's fee. 
 '03. Petition for, must show value of 
 estate. 
 
 I. CONSTITUTIONALITY. 
 1. The insolvent laiv of 1852 is not 
 
 obnoxious to any provision of the constitu- 
 lion.— Clarke v. Ray, 6 Cal. 600. 
 
 2. I^egrislative povrer — Concurrent juris- 
 diction. — In the exercise of a legitimate 
 power the legislature was authorized to give 
 both .the district and county courts jurisdic- 
 tion under the act (1852), and these courts 
 hold such jurisdiction concurrently. — Harper 
 V. Freelon, 6 Cal. 76. 
 
 3. Same — Order in chambers — Notice to 
 creditors. — The legislature was empowered 
 to authorize a notice to creditors to be issued 
 under an order made in chambers by the 
 county judge. — Flint v. Wilson, 36 Cal. 24. 
 
 4. The supplementary act of March 31. 
 1876, is constitutional. — Baum v. Raphael, 57 
 Cal. 361. 
 
 5. Appeal In contempt proceedings. — Pro- 
 vision of section 64 of insolvent act allow- 
 ing such appeals unconstitutional. — Ex parte 
 Clancy, 90 Cal. 553, 27 Pac. 411. 
 
 e. Impairing obligation of contracts. — 
 The act of 1880 is not unconstitutional, and 
 a discharge may be granted under it for a 
 debt contracted in 1878. — Porter v. Innis, 79 
 Cal. 183, 21 Pac. 729. 
 
 See, also, Pomeroy v. Gregory, 66 Cal. 574. 
 6 Pac. 493. 
 
 7. Extra-territorial operation, — The state 
 Is denied the power to pass an insolvent 
 law to discharge the obligation of contracts 
 made elsewhere, by section 10, article I, of 
 the federal constitution. — Lowenberg v. Le- 
 vine, 93 Cal. 215, 16 L. R. A. 159, 28 Pac. 941. 
 
 8. Power of congress not exclusive. — The 
 provisions of section 8 of article I of the 
 federal constitution does not grant exclusive 
 power to enact uniform bankrupt laws. — 
 Martin v. Berry, 37 Cal. 208. 
 
 II. FEDERAL BANKRUPTCY ACT, 
 
 9. Federal bankruptcy act passed by 
 Congress in pursuance of constitutional au- 
 thority July 1, 1898, suspends the state Act 
 of Insolvency while the federal act is in 
 force. Mr. Justice Speer says. In re Macon 
 Sash, etc., Co., 112 Fed. 323, the proposition 
 that the federal bankruptcy law suspends 
 state bankruptcy act is as clear upon au- 
 thority as it must inevitably be by the 
 logic of the supremacy of the national law. 
 Among the numerous authorities sustaining 
 this point, see Barber v. Mexico Interna- 
 tional Co., 73 Conn. 587, 48 Atl. 758; Har- 
 baugh V. Costello, 184 111, 110, 116, 75 Am. 
 St. Rep. 147, 56 N. E. 363; Fisk v. Montgom- 
 ery, 21 La. Ann. 446; Van Nostrand v. Carr. 
 30 Md. 128; Parmenter Mfg. Co. v. Hamilton, 
 172 Mass. 178, 70 Am. St. Rep. 258, 51 N. E. 
 529; Foley-Bean Lumber Co. v. Sawyer, 76 
 Minn. 118, 78 N. W. 1038; Armour Packing 
 Co. V, Brown, 76 Minn. 465, 79 N. W. 522; 
 Rowe V. Page, 54 N. H. 190; Roese v. Locke, 
 53 How. Pr. (N. Y.) 148; Commonwealth v. 
 O'Hara, 6 Phila. (Pa.) 402, 24 Leg. Int. 284, 
 3 Pittsb. 70; Matter of Reynolds, 8 R. I. 
 485, 5 Am. Rep. 615; Mauran v. Crown Car- 
 pet Lining Co., 23 R. I. 324, 50 Atl. 331- 
 In re Gutwillig. 90 Fed. 475; In re Bruss. 
 Ritter Co., 90 Fed. 651; In re Rouse, etc., 
 Co., 91 Fed. 96, 99, 33 C. C. A. 356; In re 
 Sievers, 91 Fed. 366, affirmed sub nom. Davis 
 V. Eohle, 92 Fed. 325, 329, 34 C. C. A. 372: 
 In re Curtis, 91 Fed. 737, affirmed 94 Fed.
 
 Act 3»2 
 
 GENERAL LAWS, 
 
 122 
 
 630, 36 C. C. A. 430; In re Smith, 92 Fed. 135; 
 In re Etheridge Furniture Co., 92 Fed. 329; 
 In re Ogles, 93 Fed. 426; In re Richard, 94 
 Fed. 633; In re Macon Sash, etc., Co., 112 
 Fed. 323; Carling v. Seymour Lumber Co., 
 113 Fed. 483, 51 C. C. A. 1; In re Storck Lum- 
 ber Co., 114 Fed. 360; In re Rogers, 116 Fed. 
 435, 437; Ex parte Fames, 2 Story C. C. 322, 
 8 Fed. Cas. 236, 5 Law Rep. 117, 1 N. Y. Leg. 
 Obs. 212; In re Reynolds, 9 N. B. R. 50, 20 
 Fed. Cas. 612. See 16 Am. & Eng. Encyc. 
 of L. (2d ed.) 642, 5 Cyc. 240. 
 
 10. Federal bankruptcy act supersedes the 
 state lair except as to matters expressly or 
 impliedly excepted from its operation. — R. H. 
 Herron Co. v. Superior Court, 136 Cal. 279, 
 89 Am. St. Rep. 124, 68 Pac. 814. 
 
 11. Enactment of state la-w while federal 
 law was in force. — It was competent for the 
 legislature to pass the bankruptcy act while 
 a federal bankruptcy act was in force, but 
 its operation was superseded. — Lewis v. 
 County Clerk, 55 Cal. 604; Seattle, etc., Co. 
 V. Thomas, 57 Cal. 197. 
 
 12. Suspension of state law. — The state 
 law was suspended while the federal law 
 was in force, but was revived when the lat- 
 ter was repealed, and its provision applied 
 as well to indebtedness contracted before 
 as after the repeal of the federal act. — 
 Boedefield v. Reed, 55 Cal. 299. 
 
 13. Enactment of feder:il bankruptcy act. 
 — When congress enacts uniform bank- 
 ruptcy law under the power conferred by 
 section 8, article I, of the federal constitu- 
 tion, state laws on the subject, which con- 
 flict therewith, are suspended. — Martin v. 
 Berry, 37 Cal. 208. 
 
 14. The insolvent act of 1852 conflicts 
 with the federal bankrupt law, and its 
 operations are suspended from the time the 
 latter law went into effect. — Martin v. Berry, 
 37 Cal. 208. 
 
 15. Suspension of cases pending — Enact- 
 ment of federal law does not suspend pend- 
 ing case under state law. — Martin v. Berry, 
 37 Cal. 208. 
 
 16. Repeal of federal law — Revival of 
 state law. — On repeal of federal act state 
 law became operative and applied to debts 
 contracted during its suspension. — Smith v. 
 Creditors, 59 Cal. 267, citing Boedefleld v. 
 Reed, 55 Cal. 299; Lewis v. County Court, 
 S Pac. Coast Law J. 326; Seattle Coal & T. 
 Co. V. Thomas, 7 Id. 199. 
 
 17. Jurisdiction of United States courts 
 exclusive. — Insolvent who has been refused 
 a discharge by the United States courts can 
 not thereafter obtain a discharge under the 
 state law, for the same debts. — In re Smith, 
 68 Cal. 203, 8 Pac. 881. 
 
 IIL INSOLVENT ACT. 
 17a, Mining corpora tion.s — Federal bank- 
 ruptcy act of 1898 does not apply to mining 
 corporations organized under the laws of the 
 state, for the exclusive purpose of engaging 
 in the mining business in the state, and the 
 provisions of the state insolvency law are 
 not superseded as to them. — R. H. Herron 
 Co. v. Superior Court, 136 Cal. 279, 89 Am. 
 St, Rep. 124, 68 Pac. 814. 
 
 18. The insolvent act must be construed 
 so as to restrict the provisions of section 53 
 to the release of obligations incurred in 
 California. — Lowenberg v. Levine, 93 Cal. 
 215, 16 L. R. A. 159, 28 Pac. 941. 
 
 19. The act should be liberally construed 
 to effectuate its object and promote justice, 
 regarded as an act designed to prottect 
 creditors of an insolvent. — Beamer v. Free- 
 man, 84 Cal. 554, 24 Pac. 169. 
 
 20. Act of 1852 not bankrupt act — The 
 statute (1852) is not, strictly speaking, a 
 bankrupt act or an insolvent act, but may 
 be treated as such. — Cohen v. Barrett, 5 Cal. 
 195. 
 
 21. Surrender of possession of property 
 by preferred creditor. — Section 50 of the in- 
 solvent law of 1895, has nothing to do with 
 pleadings or defenses in an action, but re- 
 lates solely to surrender of property by 
 preferred creditor. — Perkins v. Maier & Zo- 
 belein Brewery, 134 Cal. 372, 66 Pac. 482. 
 
 22. Partnership. — The insolvent act does 
 not apply to partnerships. — In re Baker £s 
 Hamilton, 55 Cal. 302. 
 
 23. Partnership. — The insolvent act makes 
 no provision for a petition by a partner- 
 ship, and the creditors are not Uffected by 
 the partnership proceedings to pursue the 
 property of an individual partner. — Califor- 
 nia Furniture Co. v. Halsey, 54 Cal. 315. 
 
 24. Same — Partners. — The provisions of 
 section 39 refer to the relative disposition 
 of partnership assets, and has no applica- 
 tion to the case of the insolvency of an in- 
 dividual partner. — In re Straut, 125 Cal. 415, 
 58 Pac. 62. 
 
 25. Set-olf. — Under sections 21 and 43 of 
 the insolvent act a debtor of the insolvent 
 may set off against his debt a claim against 
 the insolvent purchased prior to the adjudi- 
 cation, with full knowledge of the insol- 
 vency. — Conroy v. Dunlap, 104 Cal. 133, 37 
 Pac. 887. 
 
 25a. Gamblers entitled to benefits of act. 
 — Gamblers are entitled to the benefit of the 
 insolvent law, and are not on that account 
 debarred from such benefits. — Grow v. Cred- 
 itors, 31 Cal. 328. 
 
 25b. Insurance corporations— Act applies 
 to. — The insolvent act applies to Insurance 
 corporations. — State, etc., Co. v. San Fran- 
 cisco, 101 Cal. 135, 35 Pac. 549. 
 
 25c. Not superseded by section 601, Polit- 
 ical Code. — The insolvent act has not been 
 superseded by section 601 of the Political 
 Code, as to insurance corporations. — State, 
 etc., Co. v. San Francisco, 101 Cal. 135, 35 
 Pac. 549. 
 
 25d. Saving clause of act of 1880 — Effect. 
 — Effect of saving clause in act of 1880 was 
 not intended to keep alive the mode of pro- 
 cedure in the act of 1852, where it conflicteJ 
 with that provided by the new act. — Strue- 
 ven V. Creditors, 62 Cal. 45. 
 
 IV. PROCEEDINGS, 
 a. In general. 
 25e. Special proceedings — No Intend- 
 ments. — Proceedings in insolvency are spe- 
 cial proceedings, and no intendments can be 
 
 I
 
 i:;3 
 
 BANKRUPTCY AND INSOLVENCY. 
 
 Act 392 
 
 made in favor of the jurisdiction. — McDon- 
 ald V. Katz, 31 Cal. 167. 
 
 26. Special proceeding — Not an action. — 
 
 A proceeding in insolvency is not an action 
 witiiin the meaning of §§ 2466 and 2468, 
 Civil Code, but is a special proceeding un- 
 der § 28 of that code, and partnership firms 
 may sign the petition without filing a cer- 
 tificate with the clerk. — In re Dennery, 89 
 Cal. 101, 26 Pac. 639. 
 
 27. Collection of debts — Provable claim. 
 — A proceeding in insolvency is not for the 
 collection of debts merely, but is for the 
 benefit of all the creditors, and it is only 
 necessary to show that the creditor has a 
 provable debt for the requisite amount. — 
 In re Dennery, 89 Cal. 101, 26 Pac. 639. 
 
 28. Special case under act of 1852. The 
 proceeding is in the nature of a special case 
 within the meaning of the constitution. — 
 Harper v. Freelon, 6 Cal. 76. 
 
 29. Regnlarity. — Substantial compliance 
 with requirements of act must be shown. — 
 Hastings v. Cunningham, 39 Cal. 137. 
 
 30. Collateral attack. — An action to quiet 
 title to lands sold by the assignee is a col- 
 lateral attack upon the insolvency proceed- 
 ings. — Newlove v. Mercantile Trust Co., 156 
 Cal. 657, 105 Pac. 971. 
 
 30a. Same — Defect In bond of assignee. — 
 Proceedings in involuntary insolvency can 
 not be attacked collaterally on the ground 
 that the assignee's bond, filed and approved 
 by the court, is for a less amount than that 
 required by the order of appointment. — 
 Luhrs V. Kelly, 67 Cal. 289, 7 Pac. 696. 
 
 31. Institution of proceedings — Only cred- 
 itors resident of California may institute 
 proceedings under the insolvent act (1880, 
 § 8). — In re Baum, 68 Cal. 238, 9 Pac. 90. 
 
 32. Dismissal. — A proceeding against a 
 debtor may be dismissed on his motion, for 
 unreasonable delays in prosecution; but it 
 may thereafter be commenced anew. — Kor- 
 nahrens v. Creditors, 64 Cal. 492, 3 Pac. 126. 
 
 3.1 Appearance of insolvent to move to 
 strike out amended petition adding names 
 of new creditors on grounds other than of 
 want of jurisdiction of his person, is a gen- 
 eral appearance, notwithstanding an express 
 statement to the contrary and express res- 
 ervation of his right to regular process. — In 
 re Clarke. 125 Cal. 388, 58 Pac. 22. 
 
 34. Strict compliance ■CT'itli act essential. 
 — One who claims the benefit of the insol- 
 vent's act must comply strictly with its pro- 
 visions. — McAllister v. Strode, 7 Cal. 428; 
 Judson V. Atwill, 9 Cal. 479. 
 
 34a. Same — Question of laiv. — Whether 
 one who seeks the benefits of the insolvent 
 act has strictly complied with the provisions 
 of the act is a question of law, not of fact 
 for the jury. — Schloss v. Creditors, 31 Cal. 
 201. 
 
 35. Insolvency proceedings against insur- 
 ance companies. — See Kerr's Cyc. Political 
 Code, S 604a. 
 
 35a. Insolvent insurance companies must 
 be reported to the attorney general. — See 
 Kerr's Cyc. Political Code, § 604. 
 
 im. ALutenieut of proceedings— Death of 
 
 Insolvent before return day of order to 
 show cause abates proceedings. — Vermont 
 Marble Co. v. Superior Court, 99 Cal. 579, 34 
 Pac. 326. 
 
 b. Jurisdiction of court. 
 
 37. Jurisdiction of supreme court — Con- 
 stitutional amendments. — In error, has not 
 been withdrawn by the constitutional 
 amendments, nor has the jurisdiction on ap- 
 peal been taken away by the repeal of sec- 
 tion 336 of the practice act. — People ex rel. 
 Storgis V. County Court, 28 Cal. 115. 
 
 38. Prerequisites — Tlie district court, act- 
 ing as a court of limited or inferior jurisdic- 
 tion in the matter, must first ascertain that 
 the person, subject matter, and relief sought, 
 are within the statute, before its jurisdiction 
 will attach. — Cohen v. Barrett, 5 Cal. 195, 
 211; Meyer v. Kohlman, 8 Cal. 44. 
 
 39. Jurisdiction of court — Petition. — Aver- 
 ment that debts were created in this state 
 unnecessary, and the court does not owe its 
 jurisdiction to such fact. — Sharp v. Credi- 
 tors, 10 Cal. 418. 
 
 40. When the first step in the proceed- 
 ings shows the party to be beyond the pale 
 of the act, and the subject matter beyond 
 the jurisdiction of the court, the court is 
 without jurisdiction for any purpose. — Cohen 
 V. Barrett, 5 Cal. 195, 211. 
 
 41. Foreign corporation. — Under the pro- 
 visions of sections 8 and 21, act of 1880, 
 California courts have jurisdiction of pro- 
 ceedings in involuntary insolvency against 
 a foreign corporation having property and a 
 place of business in the state. — In re Castle 
 Dome, etc., Co., 3 Cal. Unrep. 1, 18 Pac. 794. 
 
 42. How jurisdiction acquire«l. — Jurisdic- 
 tion of the subject matter and the parties 
 are acquired through the filing of the peti- 
 tion containing a statement of the facts pre- 
 scribed by sections 2 and 3, and the sched- 
 ules, duly verified, and by making the proper 
 orders and giving the proper notice. — Lange- 
 nour V. French, 34 Cal. 92. 
 
 43. Same ^ Insolvent corporation. — Supe- 
 rior court acquires jurisdiction of the es- 
 tate of an insolvent corporation by the filing 
 of a creditor's petition, setting forth the 
 fact of insolvency and praying an adjudica- 
 tion. — State, etc., Co. v. San Francisco, 101 
 Cal. 135, 35 Pac. 549. 
 
 44. Jurisdiction attaches upon the filing 
 of the petition, properly signed and verified, 
 and a service of a copy thereof with a copy 
 of the order to show cause, on the debtor. 
 —Luhrs v. Kelly, 67 Cal. 289, 7 Pac. 696. 
 
 4.5. Jurisdictional facts — Proof of losses. 
 — The requirement as to proof of losses sus- 
 tained by the insolvent, as required by sec- 
 tion 36 of tlie act (1852), is not jurisdic- 
 tional. — Langenour v. French, 34 Cal. 92. 
 
 46. Same — Residence — Jurisdictional fact 
 of residence of six months is shown by an 
 averment that the petitioner "is, and for 
 ten years last past has been a citizen of 
 Placer County, State of California." — Lange- 
 nour V. French, 34 Cal. 92. 
 
 47. Jurisdiction to appoint assignee is 
 acquired by service upon debtor of credi- 
 tor's petition and order of court to show
 
 Act 392 
 
 GENERAL LAWS. 
 
 124 
 
 cause. — Ohleyer v. Bunce, 2 Cal. Unrep. 252, 
 3 Pac. 105. 
 
 48. Jurisdiction to discliarge insolvent is 
 
 acquired only by publication of notice to 
 creditors, but the jurisdiction to make the 
 orders which precede such notice attaches 
 on the fllingr of the petition and schedule. — 
 Cerf V. Oaks, 59 Cal. 132. 
 
 49. Jurisdiction — Question of la^v for 
 court, not of fact for jury. — The question 
 whether jurisdiction was obtained by the 
 court by insolvency proceedings was for 
 the court and not the jury. — Dean v. Grimes, 
 72 Cal. 442, 14 Pac. 178. 
 
 50. Subsequent facts not conditions of 
 jurisdiction. — Having acquired jurisdiction 
 throug-h the filing of the petition, or the 
 filing and giving of notice to creditors, the 
 subsequent acts of th^ court are not condi- 
 tions of such jurisdiction. — Brewster v. Lude- 
 kins, 19 Cal. 192. 
 
 51. Jurisdiction after discharge. — The 
 court not having lost its jurisdiction of the 
 subject matter as to newly discovered prop- 
 erty after the discharge, its jurisdiction of 
 the assignee, if lost, may be restored by his 
 consent. — Rued v. Cooper, 109 Cal. 682, 34 
 Pac. 98. 
 
 52. Jurisdiction not lost by discharge. — 
 Discharge and settlement of accounts is not 
 such a final judgment or order as to affect 
 the jurisdiction of the court. — Rued v. Cooper, 
 109 Cal. 682, 34 Pac. 98. 
 
 53. Jurisdiction is one quasi In rem. — 
 Proceeding in insolvency is one quasi in 
 rem, and the property of the insolvent 
 passes on the adjudication under the control 
 of the court, and the jurisdiction of the 
 court is not lost by the court where there is 
 any property, or right of action remaining 
 unadministered. — Rued v. Cooper, 109 Cal. 
 682, 34 Pac. 98. 
 
 54. Wliere petition does not sliow fraud. 
 — Where the insolvent is guilty of fraud 
 the act denies its benefits to him; but if the 
 petition does not show fraud on Its face, 
 the court has jurisdiction to proceed and 
 distribute the fund, even though the Insol- 
 vent debtor should have been guilty of 
 fraud and not entitled to his discharge. — 
 Cohen v. Barrett, 5 Cal. 195. 
 
 55. Jurisdiction of custody of estate when 
 federal act becomes effective not lost when 
 previously acquired. — Custody of estate of 
 insolvent is acquired from the order under 
 section 9, staying further judicial proceed- 
 ings against it, and at that time court ac- 
 quires jurisdiction to conduct the proceed- 
 ings to a conclusion without being affected 
 by the federal law. — Martin v. Berry, 37 
 Cal. 208. 
 
 56. Jurisdiction of equity to compel as- 
 signee to execute his trust. — The court in 
 equity has jurisdiction to compel the as- 
 signee to execute his trust, and the credi- 
 tor's remedy under the act is not exclusive. 
 — Sanderson v. Mcintosh, 65 Cal. 36, 2 Pac. 
 728. 
 
 57. Proceedings are not .s' -icfl Juris in 
 law or equity, and jurisdiction is vested 
 in the district courts independent of their 
 
 general jurisdiction, as of a new remedy 
 created by statute. — Cohen v. Barrett, 5 Cal. 
 195. 
 
 58. Several petitions of partners. — The 
 insolvency court acquires no jurisdiction 
 over the partnership property through th» 
 several petitions of the individual partners, 
 and the discharge of the latter can not op- 
 erate in favor of the partnership. — Glenn v. 
 Arnold, 56 Cal. 631; Freeman v. Campbell, 
 56 Cal. 639. 
 
 59. Debts of banker. — Where the petition 
 shows on its face that the indebtedness as 
 to which the petitioner is seeking a dis- 
 charge was incurred in the business of bank- 
 ing, the court has no jurisdiction of the 
 proceedings. — Cohen v. Barrett, 5 Cal. 195, 
 210. 
 
 59a. Failure to file bond, not jurisdic- 
 tional. — Creditors v. Consumer's Lumber Co., 
 98 Cal. 318, 33 Pac. 196. 
 
 c. Parties. 
 
 60. No parties except insolvent at filing 
 of petition. — There are no parties except 
 the petitioner, at the time of an adjudica- 
 tion in insolvency, nor until after one or 
 more creditors shall have made and filed 
 proofs of claims, and such an adjudication 
 and an order fixing the day for the election 
 of an assignee did not violate section 170 of 
 the Code of Civil Procedure, because of the 
 election as assignee of the judge's son-in- 
 law. — Chinette v. Conklin, 105 Cal. 465, 38 
 Pac. 1107. 
 
 61. Insolvent, who is. — The Insolvent act 
 is for the relief of insolvents, and one whose 
 assets are 40 per cent above his liabilities 
 is not an insolvent. — Hunt v. Creditors, 9 
 Cal. 45. 
 
 62. Insolvency defined. — One who is un- 
 able to pay his debts with his own means 
 is an insolvent. — Washburn v. Huntington. 
 78 Cal. 573, 21 Pac. 305. 
 
 03. Same. — A debtor Is not insolvent, 
 within the meaning of the act, if he has 
 sufficient means or resources of any kind to 
 enable him to pay all his debts as they be- 
 come due In the ordinary course of busi- 
 ness, though he may not have sufficient 
 money to meet them or to pay a particular 
 debt when due. — Sacry v. Lobree, 84 Cal. 41, 
 23 Pac. 1088. 
 
 64. Same. — One who Is not in a condition 
 to meet his engagements, or to pay his debts 
 in the usual and ordinary course of busi- 
 ness; but he is not insolvent merely because 
 his assets, at a given date, may not satisfy 
 all the demands against him due ajid to be- 
 come dtie. — Bell v. Ellis, 33 Cal. 620. 
 
 65. Same. — One is insolvent though he 
 controls property out of which he may vol- 
 untarily pay his debts, if such property is 
 beyond the process of the law. — Adams v, 
 Prather, 176 Cal. 33, 167 Pac. 534. 
 
 66. Same. — A debtor is insolvent when he 
 is unable to pay his debts, out of hts own 
 means, as they become due. — In re Ramaz- 
 zina, 110 Cal. 488, 42 Pac. 980. 
 
 67. Kxcess of assets over liabilities i^ 
 not inconsistent with insolvency. — In re 
 Chope, 112 Cal. 630, 44 Pac. 1060.
 
 125 
 
 BANKRUPTCY AND IIVSOLVENCY. 
 
 Act 392 
 
 68. Means in another state. — A debtor is 
 insolvent when he is unable to pay his 
 debts from his own means, when due, but 
 it is not essential that liis means should be 
 in this state. — Cook v. Cockins, 117 Cal. 140, 
 4S Pac. 1025. 
 
 69. Act of insolvency. — A creditor's peti- 
 tion which alleges that the Insolvent, in 
 contemplation of insolvency, sold and con- 
 veyed a stock of merchandise, described in 
 the petition, sufficiently states an act of 
 Insolvency. — In re Patton, 110 Cal. 33, 42 
 Pac. 459. 
 
 70. Partnership. — The fact that the as- 
 sets exceed the liabilities of a partnership 
 does not necessarily prove solvency, when 
 the petition discloses the hopeless insol- 
 vency of the partners. — In re Ramazzina, 
 110 Cal. 488, 42 Pac. 980. 
 
 71. Insolvency of insurance companies. 
 What constitutes. — See Kerr's Cyc. Political 
 Code, § 602. 
 
 d. Petition. 
 
 72. Commencement of proceedings within 
 the statute is the filing a petition sufficient 
 to support an adjudication of insolvency. — 
 La Point v. Boulware, 104 Cal. 264, 37 Pao. 
 927. 
 
 7.3. Complaint. — Petition and schedule con- 
 stitute the complaint. — Wilson v. Creditors, 
 32 Cal. 406. 
 
 74. Hot*- addressed and entitled. — Petition 
 may be addressed to court or judge, and 
 may be entitled as being in the matter of 
 the insolvent to be discharged of his debts, 
 though not necessarily so. It should be 
 brief and refer to the schedule. — "Wilson v. 
 Creditors, 32 Cal. 406. 
 
 75. ^Vhat must state — Discliarge of debts. 
 — Petition must so state if insolvent seeks 
 discharge for debts not described or imper- 
 fectly stated. — Wilson v. Creditors, 32 Cal. 
 406. 
 
 76. Same— Indebtedness to Ave creditors. 
 — Facts showing indebtedness to at least 
 five creditors should be alleged with the 
 certainty and fullness as is required in a 
 complaint for debt. — In re Russell, 70 Cal. 
 132. 11 Pac. 622. 
 
 77. Same — Same. — Petition must show 
 that they are at least five in number, and 
 1'iat they are creditors of the insolvent to 
 the extent of five hundred dollars, and fail- 
 ure to do so is fatal to their petition; and 
 the petition can not be amended by bringing 
 in new creditors. — Anderson v. Superior 
 Court, 122 Cal. 216, 54 Pac. 829. 
 
 78. Same — Same — Creditors described as 
 flrnis. — Tlie petition is sufficient under sec- 
 tion 8, if it describes the creditors as firms 
 or copartnerships, although it does not give 
 the names of the partners. — In re Russell, 
 70 Cal. 132, 11 Pac. 622. 
 
 70, Same — Same — Same. — Petition of cred- 
 itor firms is sufficient if it states the name 
 of the firms, without the names of their 
 members. — In re Russell, 70 Cal. 132, 11 Pac. 
 622; In re Dennery, 89 Cal. 101, 26 Pac. 639; 
 Campbell v. .ludd, 2 Cal. Unrep. 522, 7 Pac. 
 804, 7 West Coast R. 372. 
 
 80. ^Vl^at need not state — Six months' 
 rcsidouce. — Petition need not allege resi- 
 
 dence in the county for six months prior to 
 filing. — In re Thomas, 5 Cal. Unrep. 303, 44 
 Pac. 327. 
 
 81. Same — Same. — Non-residence of part- 
 ners does not defeat the right of a partner- 
 ship firm to become a petitioning creditor. 
 — In re Dennery, 89 Cal. 101, 26 Pac. 639. 
 
 82. Same — Same. — The fact of six months' 
 residence need not be stated in petition. — 
 Barrett v. Carney, 33 Cal. 530. 
 
 82a. Place of business of insolvent cor- 
 poration. — County of may be proved by 
 parol. — 98 Cal. 318, 33 Pac. 198. 
 
 83. Residence — Sufficient statement. — A 
 statement that petitioner is "a resident of 
 the city of San Francisco," is a sufficient 
 statement that he is a resident of the 
 fourth judicial district. — Slade v. Creditors. 
 10 Cal. 483. 
 
 84. Same — Same. — A cause of action Is 
 stated when it shows that the creditors are 
 residents of California, that the demands are 
 due, accrued in this state, and states their 
 nature and amounts, and such other facts 
 required by section 8 of the act of 1880. — In 
 re Close, 106 Cal. 574, 39 Pac. 1067. 
 
 85. Same — Failure to state six months' 
 residence. — Where the petition does not state 
 the fact, the court may be informed of it in 
 some other mode, and when attacked in a 
 collateral proceeding, it is presumed in favor 
 of the validity of the judgment that the 
 court informed itself as to such residence. 
 — Barrett v. Carney, 33 Cal. 530. 
 
 86. Averment tliat debts were created in 
 state unnecessary to give the court jurisdic- 
 tion. — Sharp V. Creditors, 10 Cal. 418. 
 
 87. Statement of name of each creditor. — 
 Petition must state the name of each cred- 
 itor, if known, and if unknown, must so 
 state. — McAllister v. Strode, 7 Cal. 428. 
 
 SS. Failure to include ail property. — The 
 failure to include certain property will not 
 be sufficient to affect the jurisdiction of the 
 court, where there is full compliance with 
 the requirements of the statute in all other 
 respects. — Newlove v. Mercantile Trust Co., 
 156 Cal. 657, 105 Pac. 971. 
 
 89. Insufficiency of mode of statement- 
 Collateral attacli. — Petition can not be at- 
 tacked collaterally for a mere insufficiency 
 in the mode of statement, but only for a 
 total absence of averment. — Mogk v. Peter- 
 son, 75 Cal. 496, 17 Pac. 446. 
 
 90. Vagueness of statement — Collateral 
 attack. — Mere vagueness of statement is not 
 ground for collateral attack. — Pope v. 
 Kirchner, 77 Cal. 152, 19 Pac. 264. 
 
 91. Statement of insolvency of debtor, 
 neces.sary. — Creditor's petition, which is 
 based upon a transfer with intent to de- 
 fraud creditors, and which fails to state 
 that the debtor was insolvent at the time 
 the transfer was made, or the time of the 
 transfer or what property was transferred, 
 will not support an adjudication In insol- 
 vency, and is insufficient on both general 
 and special demurrer. — In re Mealy, 127 Cal. 
 103, 59 Pac. 313. 
 
 92. Specific allegations of fraud. — Under 
 section S a creditor's petition Is not demur- 
 rable if it alleges the transfer of the prop-
 
 Act 392 
 
 GENERAL, LAWS. 
 
 12i 
 
 erty with Intent to hinder, delay and de- 
 fraud creditors, and sets forth the name of 
 the grantee, together with the circumstances 
 of time and place, and a general descrip- 
 tion of the property conveyed. — In re Pat- 
 ton, 110 Cal. 33, 42 Pac. 459. 
 
 93. Amended petition — Four creditors 
 
 Where one of the creditors to the original 
 petition has been paid, and only four re- 
 main to present an amended petition, the 
 court is without jurisdiction to entertain 
 the same.— In re Whipple, 129 Cal. 426, 62 
 Pac. 65. 
 
 94. Allegation of partnersliip. — Partner- 
 ship petition need not directly allege that 
 petitioners are partners, where it sufficiently 
 appears from the whole petition that they 
 are. — In re Ramazzina, 110 Cal. 488, 42 Pac. 
 980. 
 
 9.5. Negativing fiduciary character of 
 debts. — Petition need not aver that the debts 
 were not fiduciary so as to show that they 
 were not within the provision of section 13. 
 — Brewster v. Ludekins, 19 Cal. 162. 
 
 96. Partnersliip petition — Sufficiency of. — 
 The allegation that the insolvents, naming 
 them, as "copartners, doing business under 
 the firm name . . . are indebted to your 
 petitioners," can only be understood as 
 charging that the indebtedness arose out of 
 the partnership business. — Wright v. Cohn, 
 88 Cal. 328, 26 Pac. 600. 
 
 97. Application in joint name of partners. 
 — An application made in the joint name of 
 the partners is insufficient as being without 
 the authority of the act. — Meyer v. Kohl- 
 man, 8 Cal. 44. 
 
 97a. Same — Joint property of partnership 
 only. — A petition, schedule and affidavit, in 
 the joint name of partners, which shows a 
 surrender of joint property only, is insuffi- 
 cient. — Meyer v. Kohlman, 8 Cal. 44. 
 
 98. Insufficiency not obviated by proof. — 
 Insufficiency of petition can not be obviated 
 by proof. — Judson v. Atwill, 9 Cal. 477. 
 
 99. Signature of insolvent to petition not 
 required. — The petition need not be signed 
 by the insolvent or his attorney, but he 
 must sign the schedule. — Wilson v. Credi- 
 tors, 32 Cal. 406. 
 
 99a, Failure of petitioners to sign, not 
 ground for collateral attack. — Where pro- 
 ceedings are regular on their face it is not 
 subject to collateral attack on the ground 
 that the signers of the petition were not 
 actual creditors. — Riego v. Foster, 125 Cal. 
 178, 57 Pac. 896. 
 
 100. Signature of insolvent not required 
 —May be signed by attorney. — The signature 
 of the insolvent is not necessary. — Brewster 
 v. Ludekins. 19 Cal. 162. 
 
 101. Need not be verified — Petition need 
 not be verified. — Wilson v. Creditors, 32 Cal. 
 406. 
 
 102. Creditors' petition — Verification. — 
 Verification of petition by three creditors is 
 necessary to its validity, and is jurisdic- 
 tional. Verification held a nullity. — In re 
 Visalia City Water Co., 119 Cal. 561, 51 
 Pac. 856. 
 
 103. Verification in usual form. — Vtriflca- 
 tSon in the usual form of verification of 
 
 pleadings, which includes matters stated on 
 Information and belief, is not objectionable. 
 — Wright V. Cohn, 88 Cal. 328. 26 Fac. 600. 
 
 104. Verification by new creditor -^1 
 Amended petition. — A new creditor not in] 
 the original petition is not authorized to] 
 verify. — In re Whipple, 129 Cal. 426, 621 
 Pac. 65. 
 
 See, also, In re Visalia City Water Co.,' 
 119 Cal. 561, 51 Pac. 856; Anderson v. Su- 
 perior Court, 122 Cal. 216, 54 Pac. 829. 
 
 105. Prayer for discharge not necessary,] 
 and it is sufficient if the petition avers peti-' 
 tioners desire to be discharged. — In re 
 Chope, 112 Cal. 630, 44 Pac. 1066. 
 
 106. Collateral attack. — To be immune 
 from collateral attack, the petition should 
 set forth such a sta.te of facts as bring the 
 case within the statute, and due publication, 
 of notice to creditors. — Friedlander v. 
 Loucks, 34 Cal. 18. 
 
 e. Schedule. 
 
 107. Schedule and petition constitute the] 
 complaint. — Wilson v. Creditors, 32 Cal. 406. 
 
 lOS. Schedule consists of three partsij 
 Losses, debts, and inventory. — Schedule | 
 should consist of three parts: First, sum- 
 marj' statement of the insolvent's affairs, 
 with list of losses sustained, as complete as , 
 it can be conveniently made; second, a list 
 of his debts; and, third, a perfect inventory] 
 of the estate, real, personal and mixed. — \ 
 Wilson V. Creditors. 32 Cal. 406. 
 
 109. Inventory most material part. — The] 
 most material part is the inventory of in- 
 solvent's estate, and should be made as fuUj 
 and complete as possible. — Wilson v. Cred- 
 itors, 32 Cal. 406. 
 
 110. Defective statement not ground of] 
 dismissal. — Defective statement of items Isl 
 not ground for dismissing proceeding. — | 
 Bennett v. Creditors, 22 Cal. 38. 
 
 111. Failure to state items T»'ith sufficient! 
 particularity. — The failure to state itemsj 
 with sufficient particularity is a defect af- 
 fecting the sufficiency of the papers a3i 
 pleadings. — Bennett v. Creditors, 22 Cal. 38. 
 
 112. Same — Creditor not prejudiced. — Aj 
 creditor is not prejudiced by a decree of! 
 discharge of his debtor under the insolvent! 
 act, or prevented from enforcing his clairaj 
 if the debts and liabilities are not set out 
 in the schedule with the particularity re- 
 quired by the act. — Slade v. Creditors, 1( 
 Cal. 483. 
 
 113. Statement when creditor unknOTrn.- 
 A statement "that the schedule of his debts 
 and liabilities, annexed to his petition, con- 
 tains the names of his creditors as near aa 
 he can state them," is a sufficient compliJ 
 ance with the act, even though the schedule 
 did not contain the name of the creditor 
 who was the assignee of a note imperfectly! 
 described, and did not state that he was! 
 ignorant of the same or that the owner ofj 
 the note was unknown. — Barrett v. CarneyJ 
 33 Cal. 530. 
 
 114. Omission of dollar mark. — Wherel 
 the amounts written in the schedule clearlyj 
 show that they represent dollars, the omis-J 
 sion of the dollar mark will not be deemed 
 a uuiterial defect in determining- the aniountl
 
 127 
 
 BANKRUPTCY AND INSOLVENCY. 
 
 Act 392 
 
 of the insolvent's debts. — Newlove v. Mer- 
 cantile Trust Co., 156 Cal. 657, 105 Pac. 971. 
 
 115. Failure to allege ignorance when 
 creditor nnknoTvn. — Where the schedule 
 fails to give the name of the owmer of cer- 
 tain promissory notes, or to state ignorance 
 of such name, the discharge of the insolvent 
 is insufficient to bar subsequent action on 
 the notes. — Judson v. Atwill, 9 Cal. 477. See, 
 also, McAllister v. Strode, 7 Cal. 428. 
 
 lie. Insufficiently described note. — A note 
 by the insolvent payable to the order of 
 Alfred McCarty, described in the schedule as 
 "Alfred McCarty, borrowed money, April, 
 1855, $500," is insufficiently described, a dis- 
 charge is no bar to a subsequent action 
 thereon. — McCarty v. Christie, 13 Cal. 79. 
 
 117. Variance in description of debt is 
 not material if described so as to enable the 
 holder to readily identify It. — Brewster v. 
 Ludekins, 19 Cal. 162. 
 
 118. Same. — Where the schedule describes 
 a certain note as in suit when in fact at 
 the time of filing the petition it has passed 
 Into judgment, the variance is not fatal. — 
 Brewster v. Ludekins, 19 Cal. 162. 
 
 110. Defective statement of promissory 
 notes. — Defective statement of certain prom- 
 issory notes which constitute a part of tlie 
 debts and liabilities of the Insolvent, does 
 not Invalidate the proceedings. — Slade v. 
 Creditors, 10 Cal. 483. 
 
 120. Intentional omission of property 
 may be shown in an action on a promissory 
 note in answer to a plea of a discharge. — 
 Dean v. Baker, 64 Cal. 232, 30 Pac. 806. 
 
 121. Inaccurate description of promissory 
 note. — Where the insolvent is liable as an 
 indorser on the note of another person. It is 
 Inaccurate to describe such note and liabil- 
 ity as contingent, giving the names of the 
 maker, without giving that of the present 
 owner, or stating tliat he is ignorant of 
 such name. — McAllister v. Strode, 7 Cal. 428. 
 
 122. Meagreness of detail can not be 
 reached by an objection to the substance. — 
 Wilson V. Creditors, 32 Cal. 406. 
 
 12.3. Errors In not fatal to riglit to dis- 
 clinrge. — Insolvent is entitled to a discharge 
 notwithstanding errors in his schedule, 
 where he acted In good faith and under 
 advice of counsel. — In re Bregard, 84 Cal. 
 322, 24 Pac. 317. 
 
 124. Examination of Insolvent In refer- 
 ence to scliedule. — If creditors have reason 
 to suppose that petitioner's Insolvency is 
 simulated or pretended, or that he has 
 fraudulently misrepresented his affairs In 
 any respect, they may charge fraud and 
 have the Insolvent examined In detail In 
 reference to his schedule. — Wilson v. Cred- 
 itors, 32 Cal. 406. 
 
 12.*!. Omission of vrortlileirs debts not 
 fraudulent. — Debts due insolvent, shown to 
 be worthless and barred by limitation, omit- 
 ted from schedule, does not amount to 
 fraud and false swearing, and Is not ground 
 for collateral attack. — Pope v. KIrchner, 77 
 Cal. 152, 19 Pac. 264. 
 
 126. Omission of property from verified 
 Kchedule — Perjury. — An insolvent who wil- 
 fully omits from his schedule, verified ac- 
 
 cording to the requirements of the Insolvent 
 act, any of his property is guilty of perjury, 
 and the provision in the act making such 
 omission a misdemeanor does not affect the 
 statute against perjury. — People v. Piatt, 67 
 Cal. 21, 7 Pac. 1. 
 
 127. Debts — Unliquidated damages. — Un- 
 liquidated damages for repudiated or aban- 
 doned lease is not a debt within the mean- 
 ing of the Insolvent act. — In re Bell, 85 Cal. 
 119, 24 Pac. 633. 
 
 128. Same — Provable debt. — Under sec- 
 tion 37, debts not due, but payable at a 
 future time, are provable debts. — In re 
 Dennery, 89 Cal. 101, 26 Pac. 639. 
 
 129. Same — Purpose of schedule. — The 
 principal object is to inform the court that 
 in fact the petitioner is insolvent, and to 
 assist the court and assignee In settling the 
 estate. — Wilson v. Creditors, 32 Cal. 406. 
 
 129a. Same — "False and fictitious debts." 
 — Partnership debts which a copartner has 
 attempted to pay with partnership assets 
 without insolvent's knowledge, are not 
 "false and fictitious debts." — In re Bregard, 
 84 Cal. 322, 24 Pac. 317. 
 
 130. Same — Partnership property. — The 
 insolvent should include all property in 
 which he is interested, including partner- 
 ship property and debts for which he is 
 personally liable. — In re Bregard, 84 Cal. 
 322, 24 Pac. 317. 
 
 130a. Contingent debts — Debta payable 
 at a future time may be proven as liabilities 
 and are released under the act. — Mooney v. 
 Detrick, 85 Cal. 549, 22 Pac. 1111, 26 Pac. 280. 
 
 131. Losses — Objection that it is vague 
 and indefinite has nothing to do witli the 
 contest on the ground of fraud. — Grow v. 
 Creditors, 31 Cal. 328. 
 
 131a. Same — Estimate not honestly made. 
 — Where a petitioner in insolvency alleges 
 losses in trade, and he fails, as a witness, 
 to explain how the same were incurred, it 
 is to be inferred that his estimate of such 
 losses was not made honestly. — Schloss v. 
 Creditors, 31 Cal. 201. 
 
 131b. Indebtedness of Insurance compan- 
 ies, estimate of. — See Kerr's Cyc. Political 
 Code, § 602a. 
 
 132. Assets not losses material in contest 
 of discharge. — A contest by the creditors of 
 an application of the debtor for a dis- 
 charge, based upon fraud, brings out the 
 acts of the petitioner In relation to his es- 
 tate, and his schedule of assets, not the 
 schedule of his losses. — Grow v. Creditors, 
 31 Cal. 328. 
 
 133. Losses — Amend to make more defi- 
 nite. — If a more complete and definite sched- 
 ule of the Insolvent's losses Is desired, th* 
 proper course is to move to amend. — Grow 
 v. Creditors, 31 Cal. 328. 
 
 134. Same — Schedule fatally defective. — 
 A schedule of losses, after specifying cer- 
 tain bad debts, specifies "large amounts of 
 other bad debts," and is not, for that rea- 
 son, fatally defective in not giving a list of 
 lo.sses. — Brewster v. Ludekins, 19 Cal. 162. 
 
 134a. Same — Summary of may be Incor- 
 porated in the petition. — Wilson v. Credi- 
 tors, 32 Cal. 406.
 
 Act 392 
 
 GENERAL. LAWS. 
 
 128 
 
 135. Same — Purpose Is to sboir canse of 
 Insolvency. — The principal object is to show 
 good faith by showing cause of inability to 
 pay debts. — Wilson v. Creditors, 32 Cal. 406. 
 
 135a. Assets — Estate in expectancy. — Fu- 
 ture revenue from ofHce of county treasurer 
 does not constitute an estate in expectancy 
 within the meaning of the insolvent law, 
 and the concealment of that fact in his pe- 
 tition does not amount to fraud. — Grow v. 
 Creditors, 31 Cal. 328. 
 
 136. Signature of insolvent required to 
 schedule, though not to petition. — Wilson v. 
 Creditors, 32 Cal. 406. 
 
 136a. Same — Scliedule of losses only. — 
 Where it consisted of three parts, liabilities, 
 assets, and losses, and only the schedule of 
 losses was signed by the insolvent, that is 
 sufficient to protect the proceedings from 
 collateral attack. — Brewster v. Ludekins, 19 
 Cal. 162. 
 
 137. Verification necessary. — Schedule 
 must be verified. — Wilson v. Creditors, 32 
 Cal. 406. 
 
 138. Verification by Involuntary Insol- 
 vent not required. — Involuntary insolvent is 
 not required to file a verified inventory and 
 schedule. — In re Green, 96 Cal. 162, 31 
 Pac. 15. 
 
 139. Verification before judge, not before 
 notary. — Verification must be before the 
 judge of the court to which application is 
 made, and no jurisdiction to adjudge a dis- 
 charge exists where such verification is made 
 before a notary. — Baker v. Everhart, 65 Cal. 
 27, 2 Pac. 495. 
 
 f. Answer. 
 
 140. Verification. — Although the act of 
 1852 did not require verification of the an- 
 swer, under the act of 1880, requiring it, 
 enacted subsequent to the filing of the peti- 
 tion but prior to filing answer, the answer 
 should have been verified. — Strueven v. 
 Creditors, 62 Cal. 45. 
 
 141. Plea to charge of fraud may be 
 guilty or not guilty: but insolvent may ob- 
 ject, as by demurrer, that the acts charged 
 do not amount to fraud. — Wilson v. Credi- 
 tors, 32 Cal. 406. 
 
 g. Bond. 
 
 142. Covers only costs and damages. — 
 Bond of original creditor's petition covers 
 only costs and damages, but not costs and 
 damages under a new petition in a new 
 proceeding. — Anderson v. Superior Court, 122 
 Cal. 216, 54 Pac. 829. 
 
 143. Necessity — A proceeding vrithout 
 bond, tn the face of objections to the want 
 of same, and witliout waiver thereof, is in 
 excess of the jurisdiction of the court, and 
 prohibition will lie to restrain the proceed- 
 ing. — Anderson v. Superior Court, 122 Cal. 
 216, 54 Pac. 829. 
 
 144. Failure to grive. — Failure to give 
 does not render the proceedings, but is 
 matter of abatement, and must be pleaded 
 before the trial of the issues, and if not 
 specifically urged it is waived, and can not 
 be presented after adjudication. — In re 
 Clarke, 125 Cal. 388, 58 Pac. 22, 
 
 145. Failure to file, not jurisdictional — 
 
 Failure to file the bond required by sec- 
 tion 8, with two sureties and all the cred- 
 itors as principals, though Irregular, doea 
 not affect the jurisdiction of the court. — 
 Creditors v. Consumer's Lumber Co., 98 Cal. 
 318, 33 Pac. 196. 
 
 146. Defect in. — A debtor of the insolvent 
 can not raise the question of defectiveness 
 in the assignee's bond in an action by the 
 latter, where the creditors make no objec- 
 tion. — Mogk V. Peterson, 75 Cal. 496, 17 Pac. 
 446. 
 
 147. Sufficiency. — The insolvent act con- 
 templates a bond with two sureties and all 
 the creditors as principals. — In re Visalia 
 City Water Co., 119 Cal. 561, 51 Pac. 856. 
 
 147a. Same. — Bond not signed by all the 
 petitioning creditors and by two sureties is 
 insufficient. — In re Mealy, 127 Cal. 103, 59 
 Pac. 313. 
 
 14S. Same— Creditors and debtor only In- 
 terested. — Creditors and debtor are alone in- 
 terested In the amount and sufficiency of 
 the assignee's bond. — Best v. Johnson, 78 
 Cal. 217, 12 Am. St. Rep. 41, 3 L. R. A. 168. 
 20 Pac. 415. 
 
 149. Effect of objections to. — An objec- 
 tion to the form of the bond filed w^ith the 
 original petition, and to the sufficiency of 
 the sureties, is a waiver of other objections 
 to the bond, and to the lack of a new bond 
 after the filing of the amended petition. — In 
 re Clarke, 125 Cal. 388, 58 Pac. 22. 
 
 150. Creditors only can sue. — Tlie credi- 
 tors only, can sue on the assignee's bond. — 
 Best V. Johnson, 78 Cal. 217, 12 Am. St. Rep. 
 41, 3 L. R. A. 168, 20 Pac. 415. 
 
 151. Wrongful seizure or detention of 
 property or money — Assignee's sureties not 
 liable for. — Best v. Johnson, 78 Cal. 217, 12 
 Am. St. Rep. 41, 3 L. R. A. 168, 20 Pac. 415. 
 
 h. Order to show cause, and notice to creditors. 
 
 152. Publication — Sufficiency. — When the 
 adjudication is made on Monday, and the 
 order to sliow cause and notice to creditors 
 was published the following Saturday, 
 which was the first day of publication after 
 the making of tlie order, and publication 
 was made on each Intervening Saturday 
 thereafter for thirty-six days, until the day 
 set for the meeting of creditors, tlie re- 
 quirements of section 7 of the act are suffi- 
 ciently complied with. — Newlove v. Mercan- 
 tile Trust Co., 156 Cal. 657, 105 Pac. 971. 
 
 153. Order to sIiotv cause — Served by pub- 
 lication. — The order to show cause, required 
 by section 10 of the act (1880), may be 
 served by publication, so far as the rights 
 of the assignee are concerned, as if per- 
 sonal service had been made. — Arnold v. 
 Kahn, 67 Cal. l72, 8 Pac. 36. 
 
 154. Same — Sufficient. — An order direct- 
 ing the clerk to issue an "order for the 
 creditors to appear . . . and show cause 
 why the insolvent sliould not be discharged 
 from his debts, in pursuance of tlie insol- 
 vent laws, and likewise make an assignment 
 of his estate for tlie benefit of his creditors." 
 is a substantial compliance with sections 5 
 an,l S of the act. — Flint v. Wilson, 36 Cal. 24. 
 
 Jl
 
 129 
 
 BANKRUPTCY AND INSOLVENCY. 
 
 Act 393 
 
 155. Same — Insufficient. — If mr.de the day 
 before the presentation of the petition, it 
 was coram non judice and void. — Hastings 
 V. Cunningham, 39 Cal. 137. 
 
 See, also, Hahn v. Kelly, 34 Cal. 391, 94 
 Am. Dec. 742. 
 
 156. Notice to creditors — Order to pub- 
 lish notice and order for meeting of credi- 
 tors. — Order to publish notice to creditors is 
 not insufficient because it combines such 
 order with order for meeting of creditors. 
 — Langenour v. French, 34 Cal. 92. 
 
 157. Same — Not process,— Even if it were, 
 the fact that it did not run in the name of 
 the people is not a fatal error. — Brewster v. 
 J.udekins, 19 Cal. 162. 
 
 15S. Same — No provision for notice to 
 creditors signing petition. — No provision for 
 notice to creditors signing the petition. — 
 Ohleyer v. Bunce, 2 Cal. Unrep. 252, 3 Pac. 
 105. 
 
 159. Same — Publication. — Notice to credi- 
 tors must be published for the first time at 
 least thirty days before the day fixed for 
 the creditors to appear and show cause, 
 otherwise a judgment of discharge is void. 
 —McDonald v. Katz, 31 Cal. 167. 
 
 160. Same — Date of publication, is the 
 first day notice is published. — Clarke v. 
 Ray, 6 Cal. 600. 
 
 ICl. Same — Publication sufficient. — Pub- 
 lication on December 7, returnable January 
 6, following, is a sufficient compliance with 
 the requirement for 30 days notice. — Dean 
 V. Grimes, 72 Cal. 442, 14 Pac. 178. 
 
 162. Same — Same. — Notice to creditors to 
 appear December 1, 1879, published on No- 
 vember 1, 1879, was in time. — Wilson v. 
 Creditors, 55 Cal. 476. 
 
 163. Same — Same. — "Where the order for 
 meeting of creditors was made May 21, 1879, 
 ^ind the date for the meeting was fixed for 
 June 23, 1879, publication of notice to be 
 made once a week for four weeks in "The 
 "Woodland Democrat," publication in "The 
 Woodland Daily Democrat" on May 23d and 
 "Oth, and June 6 and 13, was sufficient. — 
 Steele v. Creditors, 58 Cal. 244. 
 
 164. .Same— Ncivspaper need not be desig- 
 nated. — Newspaper need not be designated 
 by judge in the order for publication — 
 Steele v. Creditors, 58 Cal. 244. 
 
 165. Same — Service by mail. — Notice to 
 creditors, may be served by mail under sec- 
 tion 7 of the act. — Pomeroy v. Gregory, 66 
 Cal. 574. 6 Pac. 493. 
 
 166. Same — Service by mail sufficient. — 
 Mailing four days after the making of the 
 order is a sufficient compliance with the re- 
 quirement that the mailing shall be "forth- 
 with." — Newlove v. Mercantile Trust Co., 156 
 Cal. 657, 105 Pac. 971. 
 
 167. Same — Proof of publication may be 
 made by affidavit of proprietor of news- 
 paper in which published. — Barrett v. Car- 
 ney. 33 Cal. 530. 
 
 168. Same — Same. — The recitals of an or- 
 der appointing an assignee is suffioient 
 prc'3f of publication of notice to creditors. — 
 Ohleyer v. Bunce, 65 Cal. 544, 4 Pac. 540. 
 
 Gen. Laws — 9 
 
 169. Same — Same — May be by affidavit — 
 
 Proof of may be made by affidavit. — Schloss 
 v. Creditors, 31 Cal. 201. 
 
 170. Same — Affidavit of publication. — The 
 
 act requires publication "at least once a 
 week for four successive weeks," and af- 
 fidavit that publication was made "at least 
 four consecutive weeks beginning on the 
 31st of October, 1878, and ending on the 5th 
 of December, 1878, both inclusive," does not 
 show sufficient compliance with the require- 
 ment to confer jurisdiction. — Hernandez v. 
 Creditors, 57 Cal. 333. 
 
 t. Service of copy of petition on deitor. 
 
 171. Collateral attack after service. — 
 
 Errors committed subsequent to the service 
 upon the debtor of a copy of the petition 
 properly signed and verified and of the 
 order to show cause, are not subject to col- 
 lateral attack. — Luhrs v. Kelly, 67 Cal. 289, 
 7 Pac. 696. 
 
 j. Receiver. 
 
 172. Function of. — By means of the re- 
 ceiver the court may take possession of and 
 preserve the property of the insolvent, and 
 protect the rights of the creditors, and the 
 receiver sue for the recovery of the Insol- 
 vent's assets, or property fraudulently con- 
 veyed by him, and may apply for an exam- 
 ination of the insolvent as to his affairs. — 
 Dennery v. Superior Court, 84 Cal. 7, 24 Pac. 
 147. 
 
 173. Authority to bring suit. — Receiver 
 can only bring suit where necessary to pre- 
 serve property of an insolvent which coma 
 into his possession, and can not bring suit to 
 set aside a transfer made by the insolvent 
 prior to the commencement of the insol- 
 vency proceeding. — Tibbets v. Cohn & Co., 
 116 Cal. 365, 48 Pac. 332. 
 
 174. Goods of third party. — The court is 
 authorized to direct the receiver to return 
 goods belonging to a third party. — Tapscott 
 V. Lyon, 103 Cal. 297, 37 Pac. 225. 
 
 175. Not liable for tort. — Receiver can 
 not be held liable as a tort feasor for any 
 act within the scope of his duty. — Tapscott 
 V. Lyon, 103 Cal. 297, 37 Pac. 225. 
 
 176. The sheriff a mere custodian. — The 
 sheriff as receiver is a mere custodian of 
 the estate of the insolvent, and does not 
 represent the insolvent debtor for the pur- 
 pose of defending actions, and is not the 
 legal representative of such insolvent for 
 the purpose of the service of notice of a 
 laborer's lien. — Taylor v. Hill, 115 Cal. 143, 
 46 Pac. 922. 
 
 177. RefiiNal to take possession of goods 
 offered voluntarily. — Receiver can not re- 
 fuse to take possession of goods volun- 
 tarily surrendered by the person in whose 
 possession are the goods he is directed to 
 take, under penalty of contempt, and he 
 can not surrender them without leave of 
 the court. — Tapscott v. Lyon, 103 Cal. 297, 
 37 Pac. 225. 
 
 178. Receiver is not a trespasser when 
 he accepts as the propertj' of the insolvent 
 goods from third persons voluntarily sur 
 rendered. — Tapscott v. Lyon, 103 Cal. 297, 
 37 Pac. 225.
 
 Act 392 
 
 GENERAL LAWS. 
 
 130 
 
 179. Holds possession for the conrt. — Re- 
 ceiver holds possession of goods of the In- 
 solvent as the servant of the court, and 
 adverse claimants are not justified in dis- 
 turbing his possession except by leave of 
 the court. — Tapscott v. Lyon, 103 Cal. 297, 
 37 Pac. 225. 
 
 ISO. Not protected when he takes goods 
 from third person. — Receiver who talces 
 goods of insolvent from third person 
 against latter's will, does so at his personal 
 risk and will not be protected by the court. 
 — Tapscott V. Lyon, 103 Cal. 297, 37 Pac. 
 225. 
 
 181. No right to seize goods of insolvent 
 in Iiands of third person. — Receiver has no 
 right to seize goods of insolvent in hands 
 of third person however fraudulent may be 
 the latter's possession. — Tapscott v. Lyon, 
 103 Cal. 297, 37 Pac. 225. 
 
 182. Examination of insolvent. — The 
 court may require the insolvent to appear 
 and be examined as to the affairs of the 
 estate on the application of the receiver. — 
 Goodday v. Superior Court, 65 Cal. 580, 4 
 Pac. 626. 
 
 IS.S. Appointment in chambers. — Appoint- 
 ment maj' be made in chambers on ex parte 
 application. — Real Estate Association v. Su- 
 perior Court, 60 Cal. 223. 
 
 k. Assignee. 
 
 184. Ofiicer of court. — Assignee Is the 
 hand of the court, though elected by the 
 creditors, and, for the purpose of the pro- 
 ceeding is an ofiicer of the court. — Rued v. 
 Cooper, 109 Cal. 682, 34 Pac. 98. 
 
 185. Election — ^VIlo may vote — Unsecured 
 claim. — Unsecured portion of claim, not 
 wholly secured may be voted. — Widber v. 
 Superior Court, 94 Cal. 430, 29 Pac. 870. 
 
 186. Same — Ma.iority in amount of clainus. 
 — Majority in amount of claims entitled to 
 vote prevails. — O'Neill v. Reynolds, 116 Cal. 
 264, 48 Pac. 57. 
 
 187. Title of. — Assignee takes the prop- 
 erty of the insolvent subject to all the 
 rights and equities of third person therein 
 in the hands of the insolvent. — Kirk v. Rob- 
 erts, 3 Cal. Unrep. 671, 31 Pac. 620. 
 
 188. Same. — Assignee becomes vested 
 with title to all the insolvent's property, 
 from and after surrender, whether men- 
 tioned in the schedule even if he does not 
 know of its existence until after the dis- 
 charge. — Poehlman v. Kennedy, 48 Cal. 201. 
 
 180. Same. — Title vests by relation as of 
 date of commencement of proceedings, and 
 he may maintain action to quiet title against 
 purchaser of property of the insolvent at 
 execution sale, within a month prior there- 
 to. — Scoville V. Anderson, 131 Cal. 590, 63 
 Pac. 1013. 
 
 190. Same. — Assignee Is successor in in- 
 terest of the creditors. — Merrill v. Hurlbert, 
 63 Cal. 496; Brown v. Bank of Napa, 77 Cal. 
 544, 20 Pac. 71. 
 
 191. Same — Estate of Insolvent devolves 
 In trust for the benefit of others upon the 
 assignee by operation of law. — Brown v. 
 Bank of Napa, 77 Cal. 544, 20 Pac. 71. 
 
 192. Same — Trustee. — Title to property of 
 
 Insolvent vests by law In the assignee as 
 trustee for the insolvent and for the credi- 
 tors, and his title is not restricted to the 
 items of the schedule. — Rued v. Cooper, 109 
 Cal. 682, 34 Pac. 98. 
 
 193. Same— After acquired property.— 
 
 Property of insolvent at date of adjudication 
 passes to assignee, but not that afterwards 
 acquired. — Day v. Superior Court, 61 Cal. 
 489. 
 
 194. Same — Relates baclc to filing peti- 
 tion. — Title of assignee relates to the filing 
 of the petition and prevails over an inter- 
 vening judgment quieting title of a third 
 party against the insolvent. — Freeman v. 
 Spencer, 128 Cal. 394, 60 Pac. 979. 
 
 195. Same — Vested devise. — Interest of in- 
 solvent devisee passes to his assignee under 
 act of 1880. — Newlove v. Mercantile Trust 
 Co., 156 Cal. 657, 105 Pac. 971. 
 
 196. Same — Partnership property. — Invol- 
 untary Insolvency proceeding against a 
 partnership is properly against the indi- 
 viduals, as partners, and the separate estate 
 of each passes to the assignee. — Wright v. 
 Cohn, 88 Cal. 328, 26 Pac. 600. 
 
 197. Same — Voluntary assignment. — Pro- 
 ceeding is voluntary act of insolvent, and 
 his right of property is not divested, nor 
 does the title vest in the assignee, until 
 there is a valid assignment. — Hastings v. 
 Cunningham, 39 Cal. 137. 
 
 198. Concealment of newly discovered 
 property. — The assignee's duty to the credi- 
 tors will not permit him to conceal property 
 of the insolvent discovered after the dis- 
 charge, nor to refuse to recover it and divide 
 the proceeds among them. — Rued v. Cooper, 
 109 Cal. 682. 34 Pac. 98. 
 
 199. Conveyance of nevrly discovered 
 property to insolvent. — The assignee is not 
 authorized to convey to the insolvent prop- 
 erty discovered after discharge. — Rued v. 
 Cooper, 109 Cal. 682, 34 Pac. 98. 
 
 200. Delivery of property to. — If the ex- 
 amination of the insolvent shows that he 
 has money in his possession belonging to 
 the insolvent's estate the court may order 
 its delivery to the assignee. — Goodday v. 
 Superior Court, 65 Cal. 580, 4 Pac. 626. 
 
 201. Discovery of property after dis- 
 eliarge. — The assignee may procure an ex 
 parte order setting aside the discharge upon 
 the discovery of a cause of action to recover 
 property of the insolvent. — Rued v. Cooper, 
 109 Cal. 682, 34 Pac. 98. 
 
 202. Right of recovery. — Fraudulent 
 transfer.- — The assignee may recover prop- 
 erty fraudulently transferred by insolvent 
 within a month prior to the filing of the 
 petition. — Ballou v. Andrews Banking Co., 
 128 Cal. 562, 61 Pac. 102. 
 
 203. Remedies of. — An assignee seeking 
 to recover property of insolvent has the 
 same remedies as private individual — -re- 
 plevin, detinue, trover. — Perkins v. Maier & 
 Zobelein Brewery, 134 Cal. 372, 66 Pac. 482. 
 
 204. Recovery of personal property The 
 
 assignee can not recover personal property 
 transferred by the insolvent to pay a debt 
 more than thirty days prior to commence-
 
 131 
 
 BANKRUPTCY AND INSOLVENCY. 
 
 Act 392 
 
 ment of proceeding?.— La Point v. Boulware, 
 104 Cal. 264, 37 Pac. 927. 
 
 205. Same. — The assignee may recover 
 personal property transferred by the insol- 
 vent under a sale void under section 3440, 
 Civil Code, from the transferee. — Brown v. 
 Bank of Napa, 77 Cal. 544, 20 Pac. 71; Davis 
 V. Winona Wagon Co., 120 Cal. 244, 52 Pac. 
 487. 
 
 206. Right io set aside fraudulent con- 
 veyance. — A complaint in an action by an 
 assignee to set aside conveyances of the 
 insolvent made five years prior to adjudi- 
 cation of Insolvency, which does not allege 
 any express trust, or actual fraud, or con- 
 structive fraud, does not state a cause of 
 action. — Babcock v. Chase, 111 Cal. 351, 43 
 Pac. 1105. 
 
 207. Action for conversion. — An assignee 
 lias no authority to maintain an action for 
 conversion against a purchaser at fore- 
 closure sale, under a mortgage by his In- 
 solvent, made more than thirty days prior 
 to the filing of the petition, where there was 
 no apparent violation of the insolvent act. — 
 Perkins v. Maier & Zobelein Brewery, 133 
 Cal. 496, 65 Pac. 1030. 
 
 208. Rights of as against execution levy. 
 — Levy of execution, in absence of statute, 
 creates riglits superior to those of the as- 
 .'signee in insolvency. — Hefner v. Herron, 117 
 Cal. 473, 49 Pac. 586. 
 
 209. Petition io sell the Insolvent's estate 
 
 need not set out the property in detail, but 
 a reference to the inventory and schedule is 
 .sufficient. — In re Corralitos, etc.. Canning 
 Co., 130 Cal. 570, 62 Pac. 1076. 
 
 210. Sale — Vested devise. — The assignee 
 was authorized to sell the vested interest of 
 an insolvent devisee in lands, although still 
 in the possession of the executor under the 
 terms of the devise. — Newlove v. Mercantile 
 Trust Co., 156 Cal. 657, 105 Pac. 971. 
 
 211. Sale of insolvent's estate, — Unlike re- 
 luirement of probate law, necessity of sale 
 of insolvent's estate need not be shown. — 
 In re Corralitos, etc.. Canning Co., 130 Cal. 
 .".70, 62 Pac. 1076. 
 
 212. Same. — Under the insolvent law the 
 sale must be made "as ordered by the 
 court," and the court may direct the prop- 
 erty to be sold together and not separately, 
 and may direct in what paper and for what 
 period publication of notice of sale may be 
 made. — In re Corralitos, etc.. Canning Co., 
 130 Cal. 570, 62 Pac. 1076. 
 
 212a. Sale by, may be set aside on the 
 assignee's motion upon equitable grounds 
 without resort to bill in equity. — Tliompson 
 V. Superior Court, 119 Cal. 538, 51 Pac. 863. 
 
 213. Petition to sell the estate of the In- 
 solvent is not objectionable for failure to 
 allege that the property has been assigned 
 to the assignee petitioner. — In re Corralitos, 
 etc., Canning Co., 130 Cal. 570, 62 Pac. 1076. 
 
 214. Liability of. — Except in case of neg- 
 ligence, the assignee is not liable for money 
 that never came into his hands. — Estate of 
 Raley, 123 Cal. 38, 55 Pac. 790. 
 
 215. Same— Mistake in bookkeeping. — 
 The assignee is not liable for moneys never 
 
 received by him, notwithstanding his mis- 
 take in charging himself with the full 
 amount of moneys collected by former as- 
 signees and crediting himself with moneys 
 paid out, Instead of charging himself with 
 the moneys actually received from them. — 
 Estate of Raley, 123 Cal. 38. 55 Pac. 790. 
 
 216. Same — Expenses. — Credits claimed 
 by the assignee for expenses must come 
 within the purview of section 32 of the act 
 of 1895. — Estate of Raley, 123 Cal. 38, 55 
 Pac. 790. 
 
 217. Itemized account. — The court can re- 
 quire the assignee to itemize his account 
 and may in its discretion refer the same 
 to a referee for report. — Estate of Raley, 
 123 Cal. 38, 55 Pac. 790. 
 
 217a. Settlement of account. — The fact 
 that the assignee believes that he has dis- 
 posed of all the property of the insolvent, 
 and has settled his account does not divest 
 his title, nor so end the proceedings that 
 they may not be revived upon the discovery 
 of other property. — Rued v. Cooper, 109 
 Cal. 682, 34 Pac. 98. 
 
 218. Commissions. — The assignee is en- 
 titled to commissions on moneys accounted 
 for in his quarterly account, as a preferred 
 claim. — Estate of Raley, 123 Cal. 38, 55 Pac. 
 790. 
 
 219. Disbursement of surplus. — Only the 
 surplus over the amount claimed as com- 
 missions should be disbursed and distributed 
 pro rata to the creditors. — Estate of Raley, 
 123 Cal. 38, 55 Pac. 790. 
 
 220. PoTver to carry on business. — The 
 assignee has no power under the insolvent 
 act to carry on the business of the insol- 
 vent, and if he does so under a creditor's 
 agreement he is their agent and they are 
 liable as his principles. — Wilson v. Hender- 
 son, 123 Cal. 258, 55 Cal. 986. 
 
 I. Assignments. 
 
 221. Void uuless made under act. — Under 
 the insolvent act every species of assign- 
 ment is void unless made under the provi- 
 sions of the act. — Adams v. Woods, 8 Cal. 
 152, 68 Am. Dec. 313. 
 
 222. Construction of. — Mogk V. Peterson, 
 75 Cal. 496, 17 Pac. 446. 
 
 223. Growing crop on homestead. — An 
 assignment of all real and personal prop- 
 erty generally, does not pass to the assignee 
 a crop growing on the insolvent's home- 
 stead. — Dascey v. Harris, 65 Cal. 357, 4 Pac. 
 204. 
 
 224. Time of taking effect. — Assignment 
 takes effect by relation at the filing of the 
 petition and order staying proceedings is 
 made. — Hastings v. Cunningham, 39 Cal. 
 137. 
 
 22,%. Requirements, under the act. — An 
 assignment within the law must embrace 
 a trust for third persons. — Dana v. Stanford, 
 10 Cal. 269; Wellington v. Sedgwick, 12 Cal. 
 469. 
 
 ::26. Same^Must embrace a trust. — Un- 
 less the assignment embraces a trust in 
 favor of a third person, it amounts to noth- 
 ing but a mortgage. — Dana v. Stanford, 10 
 Cal. 269.
 
 Act 392 
 
 GENE^RAL. LAWS. 
 
 13: 
 
 227. Asstgnment for benefit of creditors. 
 
 — A conveyance to a creditor as security Is 
 not an assignment for the benefit of credi- 
 tors within the meaning of the insolvent 
 act. — Lawrence v. Neff, 41 Cal. 566. 
 
 22S. Same. — The provisions of the code 
 permitting such assignments had the effect 
 of repealing pro tanto the provisions of 
 section 39 of the act forbidding assignments 
 except under the act. — Dresbach v. Credi- 
 tors, 63 Cal. 187. 
 
 229. Same. — Assignment for the benefit 
 of creditors made under the provisions of 
 part 2, title 3 of the Civil Code, would not 
 prevent the insolvent from receiving a dis- 
 charge. — Dresbach v. Creditors, 63 Cal. 187. 
 
 230. Same. — Provisions of Civil Code not 
 repealed by insolvent act. — Hecht v. Green, 
 61 Cal. 269. 
 
 231. Same. — Assignment for the benefit 
 of creditors not made in conformity witli 
 the statute (1852) is void. — Chever v. Hays, 
 3 Cal. 471. 
 
 231a. Same^Mortgage not an a.ssign- 
 ment for the benefit of creditors, when 
 given to secure indebtedness and protect 
 creditors from liability incurred by reason 
 of their indorsement of insolvent's paper, 
 within either the letter or spirit of section 
 39 of the insolvent act, and did not create a 
 trust for the use of the mortgagor, within 
 the statute of frauds. — Dana v. Stanford, 
 10 Cal. 269. 
 
 232. Same — Purpose of 39th section of 
 insolvent act (1852). — The purpose of the 
 act was to do away with voluntary assign- 
 ments for the benefit of creditors, by in- 
 solvent debtors, and was not intended to 
 prevent him from transferring his property 
 to his creditor, either in payment of his 
 debts, or as security for such payment. — 
 Dana v. Stanford, 10 Cal. 269. 
 
 233. Same — Repeal of code provisions. — 
 Tlie provisions of the Civil Code as to as- 
 signments was not repealed by the act of 
 1880. — Dresbach v. Creditors, 63 Cal. 187; 
 Barroilhet v. Fisch, 63 Cal. 462. 
 
 234. Exempt property does not pass by 
 the statutory assignment in bankruptcy to 
 the assignee. — Mogk v. Peterson, 75 Cal. 
 496, 17 Pac. 446. 
 
 234a. 'Sot void because property inven- 
 toried too Iiish. — Assignment is not void 
 because some debts were inventoried too 
 high, in the absence of evidence of design; 
 nor for a mere mistake in computation. — 
 Barroilhet v. Fisch, 63 Cal. 462. 
 
 ■m. Exemptions, 
 
 235. Objections to, — Creditors may object 
 to setting aside property without filing 
 any paper, on an application for exemption 
 under section 60 (1880). — In re Baldwin, 71 
 Cal. 74, 12 Pac. 44. 
 
 236. Double claim. — Where a certain im- 
 plement w^as set aside for an insolvent 
 farmer under section 60 of the insolvent 
 act (1880), another of same kind can not be 
 set aside unless it is shown that the first 
 was insufficient for his needs. — In re Bald- 
 win. 71 Cal. 74, 12 Pac. 44. 
 
 237. Farm implemcnta. — Thrashing ma- 
 
 chine, owned by two or more farmers In 
 common, and used for thrashing their crops, 
 but principally in thrashing for hire, is not 
 exempt from execution, and can not be set 
 aside out of the insolvent estate of one of 
 the farmers as exempted under section 60 of 
 the insolvent act. — In re Baldwin, 71 Cal. 
 74, 12 Pac. 44. 
 
 238. Partnership property is not exempt 
 from forced sale, and partners are not en- 
 titled under the insolvent act to have any 
 part set apart to them as exempt, although 
 such property would be exempt, if owned 
 solely by one of the partners. — Cowan v. 
 Creditors, 77 Cal. 403, 11 Am. St. Rep. 294, 
 19 Pac. 755. 
 
 n. Homestead. 
 
 239. Leased property. — Where a home- 
 stead consists of two houses, one of which 
 is used exclusively for leasing the latter 
 is not exempt under the insolvent law. — In 
 re Ligget, 117 Cal. 352, 59 Am. St. Rep. 190, 
 49 Pac. 211. 
 
 240. Set aside only on insolvent's request. 
 — Homestead can be set aside only at the 
 request of the insolvent. — La Point v. 
 Blanchard, 101 Cal. 549, 36 Pac. 98. 
 
 241. Encumbrances not considered in fix- 
 ing value. — Homestead encumbrances not to 
 be considered in fixing value. — Estate of 
 Herbert, 122 Cal. 329, 54 Pac. 1109. 
 
 242. Created by recorded declaration. — 
 The court must set aside the homestead 
 created by recorded declaration as in the 
 case of a deceased person, and has no power 
 to set aside a homestead of more than $5000 
 value, but must require a portion to be set 
 apart, or sold if necessary. — Estate of Her- 
 bert, 122 Cal. 329, 54 Pac. 1109. 
 
 243. Hotel. — An insolvent is not entitled 
 to have property used primarily as a hotel 
 set apart to him as a homestead. — McDowell 
 V. His Creditors, 103 Cal. 264, 42 Am. St. 
 Rep. 114, 35 Pac. 1031, 37 Pac. 203. 
 
 244. Under act of 1880. — Under section 60 
 of the insolvent act of 1880 a homestead 
 may be set apart to the insolvent, although 
 the same never constituted his residence. — 
 In re Bowman, 69 Cal. 244, 10 Pac. 412. 
 
 245. Opposition. — The court may refuse 
 to set apart a homestead although there 
 may be no written opposition tliereto. — In 
 re Ligget, 117 Cal. 352, 59 Am. St. Rep. 190. 
 49 Pac. 211. 
 
 o. Property covered hy lien. 
 1. Attachment. 
 
 246. Appointment of receiver — Effect 
 upon lien. — Attachment lien is not affected 
 by the appointment of a receiver of an in- 
 solvent's estate, and the court may, not- 
 withstanding such lien, order the sheriff 
 to deliver the attachment property to the 
 receiver, notwithstanding such lien, and the 
 receiver takes such property subject to the 
 lien. — Von Roun v. Superior Court, 58 Cal. 
 358. See also ex parte Desmond, 59 Cal, 399. 
 
 247. Levy of vrithln one month. — An at- 
 tachment levied at 12.30 p. m. on the same 
 day of the month preceding that on which 
 the petition was filed in the succeeding 
 month, though filed at 4.20 p. m. is levieo 
 
 J
 
 133 
 
 BANKRUPTCY AND INSOLVENCY. 
 
 Act 392 
 
 within one month prior to filing the petition 
 within the meaning of the Insolvent act. — 
 Scoville V. Anderson, 131 Cal. 590, 63 Pac. 
 1013. 
 
 248. Same. — Provision as to dissolution 
 of attachments made within one month 
 prior to adjudication in insolvency, is 
 equivalent to an express declaration that 
 other liens are not affected. — Vermont 
 Marble Co. v. Superior Court, 99 Cal. 579, 34 
 Pac. 326. 
 
 See, also, Hefner v. Herron, 117 Cal. 473, 
 49 Pac. 586. 
 
 249. Costs in \^TOngful attachment. — 
 Costs incurred In a wrongful attachment 
 can not be recovered as a legal charge un- 
 der section 65 of the insolvent act. — In re 
 Harvey, 3 Cal. Unrep. 832, 32 Pac. 567. 
 
 250. Dissolution. — The mere filing of a 
 creditor's petition is not sufficient to au- 
 thorize the court to dissolve an attachment 
 against the debtor's property. — Bertz v. 
 Turner, 102 Cal. 672, 36 Pac. 1014. 
 
 251. Same. — The insolvency act had the 
 effect of dissolving attachments on the In- 
 solvent's property levied within two 
 months prior to filing petition, and it was 
 proper for the court to direct the officer to 
 release such an attachment. — Baum v. 
 Raphael, 57 Cal. 361. 
 
 252. Release of sureties. — The provisions 
 of section 45, of the insolvent act of 1880, 
 does not apply to attachments within one 
 month prior to commencement of insolvent 
 proceedings, such attachments being dis- 
 solved under the operation of section 17. — 
 Rosenthal v. Parkins, 6 Cal. Unrep. 21, 53 
 Pac. 444. 
 
 253. Same — Redelivery bond. — Where a 
 redelivery bond has been given and the at- 
 tachment thereby dissolved, and no attach- 
 ment is in force at the commencement of 
 Insolvency proceedings, the sureties on such 
 redelivery bond are liable thereon. — Rosen- 
 thal v. Perkins, 123 Cal. 240, 55 Pac. 804. 
 
 See, also, San Francisco Sulphur Co. v. 
 Aetna, etc., Co., 11 Cal. App. 695, 106 Pac. 
 Ill; Credit Association v. Griffin, 32 Cal. 
 App. 598, 163 Pac. 695. 
 
 2. Execution. 
 
 254. Levy within one month. — Levy un- 
 der execution made within one month prior 
 to adjudication in insolvency under the act 
 of 1880 is not dissolved or affected, and 
 property may be sold thereunder after ad- 
 judication. — Elliott V. Warfield, 122 Cal. 632, 
 55 Pac. 409. 
 
 254a. Not affected by adjudication. — Exe- 
 cution lien is not affected by a subsequent 
 adjudication in insolvency of the execution 
 debtor, and the appointment of the sheriff 
 as receiver of his estate. — Ward v. Healy, 
 114 Cal. 191, 45 Pac. 1065. 
 
 See, also, Vermont Marble Co. v. Superior 
 Court, 99 Cal. 579, 34 Pac. 326. 
 
 3. Mechanics. 
 
 255. Not provable in Insolvency proceed- 
 ings. — Debt secured by mechanics' lien is 
 not provable in an insolvency proceeding, 
 and foreclosure thereof is not stayed there- 
 by.— Bradford v. Dorsey. 63 Cal. 122. 
 
 4. Mortgage. 
 
 256. Foreclosure suits not covered. — • 
 
 Transfer of suits against the insolvent un- 
 der section 14, does not apply to suits to 
 foreclose mortgages or other liens. — Rix v. 
 McHenry, 7 Cal. 89. 
 
 257. Mortgage liens not aflfected by pro- 
 ceedings. — Mortgage liens created before 
 the application in insolvency, are not af- 
 fected, but the right of the assignee in in- 
 solvency is confined to the surplus. — Rix v. 
 McHenry, 7 Cal. 82. 
 
 258. Chattel mortgage — Delayed record. 
 
 — Chattel mortgage as to creditors of the 
 Insolvent mortgagor, where the record was 
 delayed six months, and recorded only two 
 days prior to the mortgagor's adjudication 
 in Insolvency, and where the creditors, 
 without notice of the mortgage, gave him 
 credit. — Ruggles v. Cannedy, 127 Cal. 290, 
 46 L. R. A. 371, 53 Pac. 911. 
 
 See, also, Beamer v. Freeman, 84 Cal. 554, 
 24 Pac. 169. 
 
 259. Possession of mortgagee— Knowl- 
 edge . of insolvency. — It is immaterial 
 whether the mortgagee has reason to be- 
 lieve that the mortgagor was insolvent at 
 the time possession was taken, the mort- 
 gage being valid. — Perkins v. Maier & 
 Zobelein Brewery, 133 Cal. 496, 65 Pac. 1030. 
 
 260. Holding title as security for 
 purciiase price. — One who sells land taking 
 promissory notes in payment, and retains 
 title to the land as security, can not after- 
 wards, on the adjudication of insolvency of 
 the buyer claim payment of the notes with- 
 out surrendering the title to the land to 
 the assignee. — In re Harvey, 3 Cal. Unrep. 
 832, 32 Pac. 567. 
 
 261. Claim secured by mortgage on ex- 
 empt property. — Creditor whose claim is 
 partly secured by a mortgage lien upon 
 exempt property which never reached the 
 hands of the assignee. Is in the position of 
 the lienholder upon the property of a third 
 person, which he could not be expected to 
 surrender before receiving dividends from 
 the insolvent estate. — Estate of Levin 
 Brothers, 139 Cal. 350, 73 Pac. 159. 
 
 262. Same — Right to dividends. — A credi- 
 tor, whose claim is partly secured by mort- 
 gage lien upon homestead of insolvent set 
 apart under the act, is entitled to dividends 
 upon the full amount of his claim, and after 
 receiving full dividends from the assets of 
 the insolvent firm, he may exhaust the se- 
 curity by foreclosure. — Estate of Levin 
 Brothers, 139 Cal. 350, 73 Pac. 159. 
 
 263. Order staying proceedings does not 
 prevent mortgage foreclosure. — Stay order 
 docs not prevent a mortgagee from foreclos- 
 ing. — Montgomery v. Merrill, 62 Cal. 385. 
 
 p. Fraudulent transfers. 
 
 264. A transfer made to liinder, delay, 
 and defraud creditors is void under section 
 3439, Civil Code, whether made to a creditor 
 or a non-creditor, and may be avoided at 
 the instance of creditors or an a.ssignee In 
 insolvency. — Salisbury v. Burr, 114 Cal. 451. 
 46 Pac. 270.
 
 Act 392 
 
 GENERAL. LAWS. 
 
 134 
 
 2C5. Same. — A sale made to hinder, delay, 
 and defraud creditors is absolutely void and 
 not merely voidable, as to creditors, and the 
 receiver is their agent with authority to 
 treat such sale as void. — Tapscott v. Lyon, 
 103 Cal. 297, 37 Pac. 225. 
 
 266. Insolvent act deals v\'itk transfers 
 to creditors only. — The insolvent act (§ 55) 
 deals with transfers designed to give pref- 
 erence to creditors, and does not apply to 
 transfers to other than creditors to defraud 
 creditors. — Salisbury v. Burr, 114 Cal. 451, 
 46 Pac. 270. 
 
 267. Transfers vcitliin one month. — A 
 transfer of property by an insolvent, to a 
 creditor, made within a month before the 
 filing of his petition, under circumstances 
 which show that the transfer was intended 
 as a preference, is in violation of section 55 
 of the act (1S80), is void, and no previous 
 demand by the assignee is necessary to 
 maintain an action for possession. — Cerf v. 
 Phillips, 75 Cal. 185, 16 Pac. 778. 
 
 268. Same. — Unless a transfer is naade 
 within a month prior to commencement of 
 proceedings in insolvency, and with Intent 
 on the part of the debtor to give a prefer- 
 ence thereby, the views and motives of the 
 creditor, and his knowledge of the existence 
 of insolvency, are immaterial. — Haas v. 
 Whittier, Fuller & Co., 87 Cal. 613, 25 Pac. 
 917. 
 
 269. No preference is fraudulent under 
 §§ 49 and 55, unless made within one month 
 prior to filing the petition, and an objection 
 that the Insolvent, a year and eight months 
 prior to such filing, paid certain creditors 
 in full, knowing at the time that he was 
 insolvent and with intent to prefer them, 
 is not a valid objection. — Dyer v. Bradley, 
 89 Cal. 557, 26 Pac. 1103. 
 
 270. Transfer in preference to creditor 
 not necessarily fraudulent. — A transfer is 
 not necessarily fraudulent though the In- 
 solvent debtor and the creditor know that 
 it will have the effect of defeating other 
 creditors in the collection of their debts. 
 — Dana v. Stanford, 10 Cal. 269. 
 
 271. No rule of la'W to prevent an insol- 
 vent deJ>tor from giving: preference There 
 
 is no rule of law which prevents a debtor, 
 in insolvent circumstances, from the appli- 
 cation of his property to the payment of 
 one debt rather than another. — Randall v. 
 Bufflngton, 10 Cal. 491. 
 
 272. Same — Section 30 does not proliibit 
 preferences. — Section 39 of the act contains 
 nothing prohibiting an insolvent from con- 
 veying his property, either absolutely or 
 as security, directly to one of his creditors 
 to the exclusion of the rest. — Lawrence v. 
 Neff, 41 Cal. 566. 
 
 273. Trsmsferee's knovrledge of insol- 
 vency. — When transferee knows sufficient 
 facts to put him on inquiry, he will be 
 charged with reasonable cause to believe the 
 debtor to be insolvent. — Washburn v. Hunt- 
 ington, 78 Cal. 573, 21 Pac. 305. 
 
 274. Transfer to secure fuiure payments 
 —Good faitli of transferee — Isnorance of in- 
 aolveucy. — A transfer of property to secure 
 future payments, and not for previous lia- 
 
 bility is not a fraudulent preference under 
 the insolvent act, where the transferee paid 
 full value, and did not know or have rea- 
 son to know that the transferor was in- 
 solvent, notwithstanding the transfer was 
 made within 30 days prior to the filing of 
 the petition. — Haskin v. James, 96 Cal. 258, 
 31 Pac. 36. 
 
 275. Transferee's irant of notice of sell- 
 er's fraud. — Transfer can not be vacated for 
 fraud of seller where the buyer had no 
 part therein and no notice of the fraud. — 
 Grunsky v. Parlin, 110 Cal. 179, 42 Pac. 575. 
 
 276. Creditor's knovrledge of insolvency 
 implied, ■wiien. — A creditor can not wilfully 
 shut his eyes to the means of information 
 which he knows is at hand, and if he does 
 so, his willing ignorance is equivalent to 
 actual knowledge. — Levy v. Irvine, 134 Cal. 
 664, 66 Pac. 953. 
 
 377. Same. — When the means of knowl- 
 edge were ample, and the creditor had op- 
 portunity to know from the books placed 
 in his hands, he is charged with knowledge. 
 If he fails to make an investigation. — Levy 
 v. Irvine. 134 Cal. 664, 66 Pac. 953. 
 
 278. Transfer out of the usual course of 
 business. — Transfer from debtor to creditor 
 not in the usual course of business is 
 prima facie fraudulent, and sufficient to 
 charge transferee with notice of insolvency. 
 — Godfrey v. Miller, 80 Cal. 420, 22 Pac. 290. 
 
 279. Same. — A transfer from the debtor 
 to a creditor not in the usual or ordinary 
 course of business Is prima facie evidence 
 that the transferee had reasonable cause 
 to believe that the debtor was insolvent 
 and that the transfer was made to prevent 
 tlie property from reaching his assignee In 
 insolvency for the benefit of the creditors. 
 — Washburn v. Huntington, 78 Cal. 573, 21 
 Pac. 305. 
 
 250. Same— Prima facie presumption. — A 
 transfer to a creditor not in the usual 
 course of business is prima facie presumed 
 to be a preference in violation of section 55 
 of the act; but such presumption may be 
 overcome by counter evidence that no pref- 
 erence was intended. — Haas v. Whittier, 97 
 Cal. 411, 32 Pac. 449. 
 
 251. Same — Same — Prima facie presump- 
 tion of, is overturned by uncontradicted 
 evidence of debtor and creditor that no 
 preference was intended and that both in- 
 tended that all creditors should be treated 
 alike. — Haas v. Whittier, 97 Cal. 411, 32 Pac. 
 449. 
 
 282. Same— Transfer on Sunday with 
 kno^vledge of attachment. — A transfer of a 
 horse and buggy from debtor to creditor, 
 on a Sunday, without trial, with knowledge 
 that other property of the debtor was at- 
 tached the preceding day, and that another 
 attachment was expected the following day, 
 was not in the usual course of business, and 
 the transferee will be held to have been 
 charged with notice of insolvency. — Godfrey 
 v. Miller, 80 Cal. 420, 22 Pac. 290. 
 
 283. Same — Hill of sale of entire stock 
 in trade is not in the usual course of busi- 
 ness, and is prima facie fraudulent and void
 
 135 
 
 BANKRUrTCY AND IXSOLVENCY. 
 
 Act 39-2 
 
 as to creditors. — Chevalier v. Commlns, 106 
 Cal. 680, 39 Pac. 929. 
 
 384. Same — Entire stock in trade. — A 
 
 transfer by a merchant of his entire stock 
 in trade to a creditor is not In the usual 
 course of business, and when made by an 
 insolvent debtor, upon proof thereof, the 
 burden is on the purchaser to disprove 
 fraud by showing ig-norance of the intent 
 of the Insolvent to make a fraudulent pref- 
 erence. — Tapscott V. Lyon, 103 Cal. 297. 37 
 Pac. 225. 
 
 285. Same — Books of account. — Transfer 
 of book accounts, made by means of orders 
 drawn on debtors in favor of insolvent's 
 creditor. Is an assignment out of the usual 
 and ordinary course of business within the 
 meaning of the act. — "Washburn v. Hunting- 
 ton, 78 Cal. 573, 21 Pac. 305. 
 
 286. Same — Same. — Transfer of accounts, 
 books, journal, ledger and blotter of firm, 
 to the father-in-law of one of the partners, 
 residing In another county, is not in the 
 usual course of business, and is prima facie 
 fraudulent, and the burden is thrown on 
 the defendant In an action by the assignee 
 for the recovery of the property to show 
 the contrary. — Ballou v. Andrews Banking 
 Co., 128 Cal. 562, 61 Pac. 102. 
 
 287. Same — Same. — Transfer of a part or 
 Of all of a Arm's books is not In the usual 
 course of business. — Ballou v. Andrews 
 Banking Co., 128 Cal. 562, 61 Pac. 102. 
 
 288. Same — Instruction held out of place. 
 — An instruction as to knowledge or reason 
 to know the Insolvency of the transferor, 
 on the part of the transferee, is out of place 
 If It omits to Include the question as to 
 the transfer out of the usual course of 
 business where the evidence shows the 
 transfer of the stock of goods. — Matthews 
 V. Chaboya, 111 Cal. 435, 44 Pac. 169. 
 
 289. Action by a.s.signee — Creditor with- 
 out knowledge of in.solvency. — In an action 
 by assignee to recover property alleged to 
 have been transferred in preference of a 
 creditor in violation of the insolvent act, 
 findings that defendant neither knew nor 
 believed, nor had reasonable cause to be- 
 lieve transferor was insolvent or made the 
 transfer in contemplation of insolvency, are 
 sufficient to support a judgment for defend- 
 ant. — Smith V. Fratt. 4 Cal. Unrep. 821, 37 
 Pac. 1033. 
 
 289a. Same — Transfer eight months prior 
 to commencement of proceedings. — Action 
 by assignee to recover property transferred 
 by the insolvent eight months prior to com- 
 mencement of proceedings. Nonsuit. — Mc- 
 Neil V. Hansen, 115 Cal. 214. 46 Pac. 10G5. 
 
 289b. Same — Unsncces.sf ul defense — At- 
 torney's fee. — Trustee of property conveyed 
 In trust less than thirty days before com- 
 mencement of proceedings is not entitled 
 to attorney's fees for unsuccessfully defend- 
 ing an action for tlieir recovery brought by 
 the assignee. — Sanger v. Ryan, 122 Cal. 52, 
 64 Pac. 522. 
 
 290. Qucistlon of Intent is one of fact, not 
 of law. — Question of intent of insolvent is 
 one of fact and not of law. — Haas v. Whit- 
 tier, 97 Cal. 411, 32 Pac. 449. 
 
 291. Motives of creditor Immaterial, 
 when. — Motives of creditor are Immaterial, 
 if debtor does not intend a preference. — 
 Haas V. Whittier. 97 Cal. 411, 32 Cal. 449. 
 
 292. Payment of debt incurred in fidu- 
 ciary capacity. — The fact that a fraudulent 
 transfer is made in part payment of in- 
 debtedness for moneys held in a fiduciary 
 capacity, does not relieve the transaction 
 of its fraudulent character. — Godfrey v. 
 Miller, 80 Cal. 420, 22 Pac. 290. 
 
 293. Sale of entire .stock of goods with 
 intent to give preference. — One admittedly 
 an insolvent can not pay one creditor with 
 intent to make a preference, and if he sells 
 his entire stock of goods to a creditor with 
 such Intent, and the creditor is aware of 
 that fact, the sale is void, although full 
 value was paid and applied to pay an honest 
 debt. — Tapscott v. Lyon, 103 Cal. 297, 31 
 Pac. 225. 
 
 294. Good faith of transferee — Payment 
 of full value. — Where transferee paid full 
 value for goods. In good faith, without 
 knowledge of fraudulent Intent on part of 
 insolvent the transfer can not be attacked 
 as fraudulent. — Haskin v. James, 96 Cal 258, 
 31 Pac. 36. 
 
 See, also, Albertoll v. Branham, 80 Cal. 
 631, 13 Am. St. Rep. 200, 22 Pac. 404. 
 
 295. Purchase by copartner at public 
 auction. — Purchase by copartner of books 
 of account of insolvent firm at public auc- 
 tion, not made with insolvent effects, may 
 be made, and such copartner may enforce a 
 claim in favor of the firm against the es- 
 tate of an insolvent copartner. — In re Levy 
 v. Schwab (Bank of Woodland v. Schwab), 
 130 Cal. 282, 62 Pac. 520. 
 
 296. Transfer void as to transferee and 
 subsequent transferees. — Where a transfer 
 by an insolvent is void as against creditors. 
 It is void as to a second transferee. — Ballou 
 V. Andrews Banking Co., 128 Cal. 562, 61 
 Pac. 102. 
 
 297. Prima facie case rebutted — Prima 
 facie case of fraudulent transfer success- 
 fully rebutted. — In re Muller, 118 Cal. 432, 
 50 Pac. 660. 
 
 29S. Confession of judgment In favor of 
 creditor. — Confession of judgment In favor 
 of creditor Is not alone sufficient to sustain 
 an action by the assignee on ground of 
 fraudulent preference. — Bernheim v. Chris- 
 tal, 76 Cal. 567, 18 Pac. 683. 
 
 299. Prohibition to restrain asslgrnee's ac- 
 tion. — Prohibition will not lie against an 
 assignee in insolvency to prevent the bring- 
 ing of an action to recover property of 
 the insolvent transferred In a fraudulent 
 preference. — Goddard v. Superior Court, 90 
 Cal. 364, 27 Pac. 298. 
 
 299n. Transfer to hinder, delay, and de. 
 fraud creditors by one who is insolvent in^ 
 volves actual fraud and not merely legal 
 fraud. — In re Strock, 128 Cal. 658, 61 Pac. 
 282. 
 
 299b. Act construed as to fraud. — The 
 fraud referred to in section 55 of the act 
 (1880) is construed to mean fraud on the 
 provisions of tlie act. — Wasliburn v. Hunt- 
 ington, 78 Cal. 573, 21 Pac. 305.
 
 Act at)2 
 
 ge:iV£ral laws. 
 
 136 
 
 q. Debts in fiduciary capacity. 
 
 300. A dealer in minins stocks who re- 
 ceives money to buy stock for another, buys 
 the stock, sells it at a profit, and refuses 
 to deliver either stock or proceeds on de- 
 mand, such proceeds are held in trust, and 
 the obligation created is one created in a 
 fiduciary capacity, and is not affected by 
 his discharge in insolvency. — Herrlich v. Mc- 
 Donald, 80 Cal. 472, 22 Pac. 299. 
 
 r. Hearing and trial. 
 
 301. Time set for lienring — Adjoiirninent 
 
 of court.— The fact the court was adjourned 
 though not for the term, at the time ap- 
 pointed for the hearing of objections, and 
 at the time Of such hearing, is no objection 
 to the validity of the proceedings, it not 
 appearing that the parties suffered injus- 
 tice. — Clarke v. Ray, 6 Cal. 600. 
 
 301a. Fraud — Tlie issue of fraud should 
 be tried by a jury as provided in section 20. 
 — Davenport v. Creditors, 62 Cal. 29. 
 
 s. Evidence. 
 
 302. Prima facie evidence of fraud sub- 
 ject to rebuttal. — Prima facie evidence of 
 fraud in sale of property out of the usual 
 course of business is subject to rebuttal. — 
 Grunsky v. Parlin, 110 Cal. 179, 42 Pac. 575. 
 
 303. Certified copy of assignment is con- 
 clusive evidence of right of assignee to 
 bring an action for the recovery of property 
 of the insolvent transferred in violation of 
 the provisions of the insolvent act within 
 thirty days prior to the filing of the peti- 
 tion. — Riego V. Foster, 125 Cal. 178, 57 Pac. 
 896. 
 
 304. Same. — Certified copy of assignment 
 is conclusive evidence under section 18 of 
 the insolvent act of the assignee's authority, 
 and such authority can not be collaterally 
 attacked when such certificate is presented 
 in evidence in support thereof. — Fitzgerald 
 V. Neustadt, 91 Cal. 600, 27 Pac. 936. 
 
 SO.'i. Same — IjCgislative power to make 
 rule. — There is no reason why the legisla- 
 ture had not the power to make such a rule 
 of evidence. — Fitzgerald v. Neustadt, 91 Cal. 
 600, 27 Pac. 936. 
 
 306. Fraudulent understanding. — Evidence 
 of an understanding between the insolvent 
 and the transferee, that he w^ould trade 
 with no one else, and that if he failed in 
 business he would turn over the business to 
 such transferee, is admissible to show in- 
 tent; and such an agreement, if good be- 
 tween the parties is void as to creditors, 
 and is no defense to an action by the as- 
 signee for the recovery of the property 
 transferred in accordance with Its terms. — 
 Chevalier v. Commins, 106 Cal. 580, 39 Pac. 
 829. 
 
 307. Conflict as to fraudulent transfer. — 
 In an action by an assignee to recover per- 
 sonal property alleged to have been fraud- 
 ulently transferred, and the question is as 
 to whether there is a conflict of evidence 
 as to the purpose of the transfer, the fact 
 that the evidence goes to show that one of 
 the witnesses who testified had acted in bad 
 faith and was unworthy of belief is imma- 
 
 terial — Chevalier v. Commins, 106 Cal. 580, 
 39 Pac. 929. 
 
 30S. Prima facie evidence of fraudulent 
 transfer. — The transfer of a mercantile busi- 
 ness to a creditor, in satisfaction of his 
 claim, within one month prior to the filing 
 of a creditor's petition is prima facie evi- 
 dence of fraud, and the transferee has rea- 
 sonable cause to believe the fact of insol- 
 vency; but this prima facie evidence may be 
 rebutted. — Matthews v. Chaboya, 111 Cal. 
 435, 44 Pac. 169. 
 
 309. Same — Sufiicicnt to set aside trans- 
 fer. — Transfer to a creditor, under all the 
 conditions which under section 55 render it 
 a fraudulent preference, of property occu- 
 pied, but not claimed, as a homestead, is suf- 
 ficient ground to set the same aside at the 
 suit of the assignee, and to restore the 
 property to the estate of the insolvent. — La 
 Point V. Blanchard, 101 Cal. 549, 36 Pac. 98. 
 
 310. Same — Transfer not in usual course 
 of business. — Transfer out of usual course 
 of business is merely prima facie evidence of 
 fraud, and may be overcome by proof of 
 creditor's good faith, without knowledge 
 of debtor's insolvency, and without intent 
 to secure a preference. — Bernheim v. Chris- 
 tal, 76 Cal. 507, 18 Pac. 683. 
 
 311. Kno-»vledse of insolvency — Admis- 
 sions. — Conversations with third persons, in 
 which debtor admitted insolvency, are ad- 
 missible in support of allegation of reason- 
 able cause to believe against transferee of 
 insolvent debtor. — Washburn v. Huntington, 
 78 Cal. 573, 21 Pac. 305. 
 
 312. Aftidavit of insolvent required by 
 section 49 is properly admissible in evidence 
 to show what he intended to show at the 
 trial of the opposition of the creditors to his 
 discharge. — In re Harris, 81 Cal. 350, 22 Pac. 
 867. 
 
 313. Proof of non-citizenship — non-resi- 
 dence. — Must be made by one who claims 
 the benefit of such fact. — Porter v. Innis, 79 
 Cal. 183, 21 Pac. 729. 
 
 313a. Account books — Failure to present 
 is prima facie fraudulent. — An insolvent 
 must deposit in the clerk's office his books 
 of account for inspection of creditors, and 
 his failure to do so, or explain such failure, 
 is prima facie evidence of fraud to the in- 
 jury of his creditors. — Schloss v. Creditors, 
 31 Cal. 201. 
 
 313b. Certificate of discliarge is prima 
 facie evidence of regularity of proceedings. 
 — A discharge is prima facie evidence of 
 regularity of proceedings. — Pope v. Kirch- 
 ner, 77 Cal. 152, 19 Pac. 264. 
 
 313c. Same. — Certificate of discharge is 
 prima facie evidence of the regularity of 
 the proceedings. — Herrlich v. McDonald, 80 
 Cal. 472, 22 Pac. 299. 
 
 t. Instructions. 
 
 314. Fraud in execution of deed — Instruc- 
 tion erroneous. — Where fraud is charged in 
 the execution of a deed to his property 
 shortly prior to making application for a 
 discharge, it is error to instruct the jury 
 "That to find the charge of fraud sustained, 
 they must believe the deed made with In- 
 tent to defeat, hinder or delay creditors, and
 
 137 
 
 BANKRUPTCY AND INSOLVENCY. 
 
 Act 392 
 
 to have been actually delivered to grantees; 
 that proof of record was no proof of deliv- 
 ery." — Fisk V. Creditors, 12 Cal. 281. 
 
 315. Fraudulent intent — Instruction er- 
 roneous. — An Instruction as to fraudulent 
 intent is error where the fraud is a legal 
 fraud and no evidence of actual fraud ex- 
 ists. — Matthews v. Chaboya, 111 Cal. 435, 44 
 Pac. 169. 
 
 u. Findings and conclusions. 
 
 316. Unnecessary. — Formal findings and 
 conclusions of law are not necessary upon 
 an adjudication of insolvency. — In re Clarke, 
 125 Cal. 388, 58 Pac. 22. 
 
 317. Finding of indebtedness is suffi- 
 ciently supported by evidence that the in- 
 debtedness in the aggregate is equal to the 
 exact sum of several items of indebtedness 
 set forth in the petition, although not in- 
 curred in the manner therein stated. — In ro 
 Abbott, 74 Cal. 381. 16 Pac. 21. 
 
 V. Adjudication of insolvency. 
 
 318. May be made on return day of order 
 to shoTv cause, vcitbout meeting of creditors. 
 
 — The court may adjudge a party insolvent 
 in an involuntary proceeding on the return 
 day of the order to show cause, without 
 waiting for a meeting of creditors. — Lyon v. 
 Crosby, 64 Cal. 34, 27 Pac, 786. 
 
 319. VVlien made. — Adjudication of insol- 
 vency occurs when order is made for meet- 
 ing of creditors. — Cerf v. Oaks, 59 Cal. 132. 
 
 320. Order is interlocutory — Entry in min- 
 utes — The order is interlocutory and should 
 be entered in the minutes, but the failure to 
 do so, or an incomplete or informal entry, 
 does not render the adjudication invalid, if 
 the order is sufficient in form and substan- 
 tial. — In re Clarke, 125 Cal. 388, 58 Pac. 22, 
 
 321. Order relates baclc to the date the 
 petition was filed. — State Inv., etc., Co. v. 
 San Francisco, 101 Cal. 135, 35 Pac. 549. 
 
 322. Order Is sullicient proof, ■wlien. — Ad- 
 judication in voluntary insolvency is suffi- 
 cient proof, in the absence of a contrary 
 showing, of inadequacy of the debtor's prop- 
 erty to pay his debts. — Ruggles v. Cannedy, 
 127 Cal. 290, 46 L. R. A. 371, 53 Pac. 911. 
 
 323. Sufficiency of order. — Adjudication is 
 sufficient if the defendant is adjudged in- 
 solvent on a specific date prior to the filing 
 of the petition, and ever since has been, and 
 still is, and its sufficiency is not affected by 
 the unnecessary conclusion of law that the 
 defendant was insolvent. — In re Clarke, 125 
 Cal. 388, 58 Pac. 22. 
 
 32:ia. Attorney's fee for contesting adju- 
 dication in insolvency. — The insolvent act 
 makes no provision for an attorney's fee for 
 contesting adjudication. — In re Close, 106 
 Cal. 574, 39 Pac. 1067. 
 
 w. Notice of adjudication. 
 
 324. mailing sufficient, M-lien. — Where the 
 place of residence of the creditors only ap- 
 pears in the petition, addressing the notice 
 to tlie residences, instead of to their places 
 of business, held not material. — Pope v. 
 Kirchner. 77 Cal. 152, 19 Pac. 264. 
 
 325. CIcrlcut error in allidavit of mulling, 
 
 held not material. — Pope v. Kirchner, 77 Cal. 
 152, 19 Pac. 264. 
 
 326. Clerical error In publication. — A 
 
 slight clerical error in the spelling of the 
 insolvent's name is not material where the 
 name is published twice correctly in 
 the same notice. — Pope v. Kirchner, 77 Cal. 
 152, 19 Pac. 264. 
 
 X. Discharge. 
 
 327. Pending appeal from order setting 
 apart homestead. — Under sections 48 and 49 
 the insolvent is entitled to a discharge, sub- 
 ject to the right of the creditors to oppose 
 the same on stated grounds, but the order 
 setting apart a homestead under sectipns 60 
 and 67 is not one of these grounds, and an 
 appeal pending from such order does not 
 affect the right to a discharge. — Demartin v. 
 Demartin, 85 Cal. 76, 24 Pac. 596. 
 
 328. Pending election of assignee — Ap- 
 pointment of assignee. — The insolvent has 
 nothing to do with the appointment of the 
 assignee, and he is not prevented from ask- 
 ing for his discharge by the delay of the 
 creditors in electing an assignee. — In re 
 Harris, 81 Cal. 350, 22 Pac. 867. 
 
 329. Objections to discharge may be on 
 
 either of two grounds: First, illegality in 
 appointment of assignee, which raises a 
 question of law for the court; and, second, 
 fraud committed by insolvent, which raises 
 a question of fact for the jury. — Wilson v. 
 Creditors, 32 Cal. 406. 
 
 330. Assignee may oppose on g^round of 
 fraud of insolvent, and is not precluded 
 from so doing because of acceptance of 
 office of assignee. — Hinkel v. Creditors, 63 
 Cal. 328. 
 
 331. Creditor's opposition. — Each creditor 
 may file his opposition to the discharge and 
 may withdraw it at will, whether the other 
 creditors consent or not (Ross, J., dis.). — 
 Brangon v. Creditors, 64 Cal. 394, 1 Pac. 477. 
 
 332. Same — Riglit of creditor to oppose. — 
 Any creditor has the right to be made a 
 party to the insolvency proceeding for the 
 purpose of opposing the discharge, or ob> 
 taining his proportion of the assets, whether 
 named in the assignment or not. — Lambert 
 v. Slade, 4 Cal. 337. 
 
 333. Same — Same — Need not be Judgment 
 creditor. — A creditor, to have a right to 
 oppose an insolvent's discharge under the 
 act of 1852, need not be a judgment creditor. 
 — Davenport v. Creditors, 62 Cal. 29. 
 
 334. Same — Formal ans^ver to objections. 
 — The court is not deprived of jurisdiction 
 to determine objections of creditor to dis- 
 charge of insolvent, by failure of latter to 
 file formal answer thereto. — Estate of Clark, 
 128 Cal. 147, 60 Pac. 663. 
 
 33.'>. Same — Waiver of formal answer to 
 objections. — Absence of formal answer to 
 objections is waived by creditor by intro- 
 ducing evidence to support objections. — Es- 
 tate of Clark, 128 Cal. 147, 60 Pac. 663. 
 
 3.16. Same — Unanswered specifications. — • 
 After demurrer sustained to some and strik- 
 ing others, specifications setting forth fraud- 
 ulent conduct on insolvent's part sufficient 
 to deprive him of right to discliarge, re-
 
 Act 392 
 
 GBIKBRAL. LAWS. 
 
 138 
 
 main unanswered, It Is error to dismiss 
 rreditor's opposition after failure to amend 
 after demurrer, and the discliarge will be 
 reversed on appeal. — Estate of Rich, 129 Cal. 
 494, 62 Pac. 56. 
 
 33Ga. Same —— Failure to answer — Dis- 
 missal. — When the insolvent fails or refuses 
 to answer an accusation of fraud the court 
 may dismiss the case, but can not take his 
 estate and distribute it to creditors without 
 discharging- their claims against him. — San- 
 born V. Creditors, 37 Cal. 609. 
 
 337. Same —— Each objection requires an 
 answer as a separate defense. — Each objec- 
 tion specified is in the nature of a separate 
 defense, and if it shows sufficient ground, 
 it must be answered and found in insol- 
 vent's favor to entitle him to a discharge. — 
 Estate of Rich, 129 Cal. 494, 62 Pac. 56. 
 
 33S. Same — Objections striclten out. — Ob- 
 jections based on specifications of irrelevant 
 and immaterial facts may be stricken out on 
 motion. — Dyer v. Bradley, 89 Cal. 557, 26 
 Pac. 1103. 
 
 339. Failure to keep proper account books. 
 — Where the creditor fails to specify defects 
 an objection that insolvent failed to keep 
 proper account books is not sufficient to 
 defeat application for discharge. — Estate of 
 Clark, 128 Cal. 147, 60 Pac. 663. 
 
 340. Same — Same. — Failure to keep proper 
 account books prevents a merchant or 
 tradesman from obtaining a discharge un- 
 der the act of 1880, and the fact of omission 
 in good faith was immaterial.— In re Good, 
 78 Cal. 399, 20 Pac. 860. 
 
 341. Same — Same. — Where the evidence 
 showed that the insolvent had not engaged 
 in business prior to July 20, 1881, the ques- 
 tion whether he kept proper books of ac- 
 count from and after the passage of the 
 act (June 16, 1880) is immaterial. — In re 
 Lukes, 71 Cal. 113, 12 Pac. 390. 
 
 342. Same — Same. — An insolvent mer- 
 chant or tradesman engaged in business 
 prior to the passage of the act of 1880, but 
 who did not keep proper account books, is 
 not prohibited under section 49 of the act 
 from obtaining a discliarge. — In re Lukes, 71 
 Cal. 113, 12 Pac. 390. 
 
 343. Same — Same. — Where the books of 
 the firm fail to show a debt of the firm for 
 money loaned, the appearance of which on 
 the books would have shown insolvency, the 
 books were not "proper." — In re Good, 78 
 Cal. 399, 20 Pac. 860. 
 
 344. Same — Same. — The keeping of such 
 books only as showed solvency does not sat- 
 isfy the requirement, and the failure to keep 
 proper books of account defeats discharge. 
 — Sullivan v. Washburn & Moen Mfg. Co., 
 139 Cal. 257, 72 Pac. 992. 
 
 345. Same — Burden of proof Is on credi- 
 tors. — The burden is on the creditors to 
 prove the insolvent, who has filed the affi- 
 davit required by section 49, guilty of some 
 act which the statute makes a barrier to his 
 discharge. — In re Harris, 81 Cal. 350, 22 
 Pac. 867. 
 
 H49. Same — Too late, when. — The objec- 
 tion to tlif^ jurisdiction for defects in the 
 proof of publication of notice to creditors 
 
 comes too late after the creditor has made 
 a general appearance, filed his claim In due 
 and proper form, and voluntarily appeared 
 in opposition to the discharge, and then for 
 the first time raises the objection. — In re 
 Yoell, 131 Cal. 581, 63 Pac. 913. 
 
 347. General demurrer — Plea amounting 
 to, — Objection that matters, if taken as con- 
 fessed, do not amount to fraud, is in nature 
 of general demurrer, and must be overruled 
 if any of the charges are sufficient. — Grow 
 v. Creditors, 31 Cal. 328. 
 
 348. Creation of fraudulent debt in fidu- 
 ciary capacity. — Objection that debtor in fidu- 
 ciary capacity created a fraudulent debt 
 is not valid as against discharge. — Dyer v. 
 Bradley, 89 Cal. 557, 26 Pac. 1103. 
 
 348a. Same. — Debt in fiduciary capacity, 
 fraudulently contracted, is not, under sec- 
 tion 52, affected by discharge. — -Dyer v. 
 Bradley, 89 Cal. 557, 26 Pac. 1103. 
 
 349. "Svt'orn falsely"— Unintentional mis- 
 take. — An unintentional and innocent mis- 
 take in the affidavit is not within the mean- 
 ing of the words "sworn falsely" in section 
 49 of the insolvent act, so as to prevent the 
 insolvent from obtaining his discharge. — 
 Demartin v. Demartin, 85 Cal. 76, 24 Pac. 596. 
 
 349a. Same — Element of fraud essential. 
 — The phrase "have sworn falsely," in sec- 
 tion 49 of the insolvent act, necessarily im- 
 ports a wilful act done with a fraudulent 
 intent, and from which the element of fraud 
 can not be eliminated. — Dean v. Grimes, 72 
 Cal. 442, 14 Pac. 178; Demartin v. Demartin, 
 85 Cal. 76, 24 Pac. 596. 
 
 350. Benefit of act — Prior illegal proceed- 
 ing. — A discharge can not be successfully 
 contested on the ground that the insolvent 
 had had the benefit of tlie act within three 
 years prior to the application for discharge, 
 where the prior petition had been dismissed 
 because of less than three hundred dollars 
 indebtedness. — In re Marsh, 115 Cal. 230, 46 
 Pac. 1072. 
 
 351. Former adjudication— Res adjudicata. 
 — A former adjudication as to the validity 
 and bona fides of a deed from the insolvent 
 conveying certain of his property executed 
 a few days before the filing of his petition. 
 In an action by the assignee to set aside the 
 deed, is a defense to an objection on the 
 same ground to his discharge made by the 
 creditors. — In re Baird, 84 Cal. 95, 24 Pac. 
 167. 
 
 352. Ignorant preference of a creditor, at 
 time insolvent did not know his insolvency, 
 is no bar to his discharge. — In re Harris, 81 
 Cal. 350, 22 Pac. 867. 
 
 353. Fraud in procuring — Forfeiture of 
 benefits of act. — Under the provisions of sec- 
 tion 32 of the act a discharge procured by 
 fraud, concealment of property, or false 
 statement in his schedule, can not be pleaded 
 in bar of a subsequent suit. — Ellsasser v. 
 Hunter, 26 Cal. 279. 
 
 354. As a bar — Fraud in procuring. — The 
 discharge of an insolvent debtor under the 
 act (1852) does not relieve him from liabil- 
 ity upon a judgment previously rendered, 
 upon which execution is subsequently is- 
 sued, where it is shown that the discharge 
 
 i
 
 139 
 
 BANKRUPTCY AND INSOLVENCY. 
 
 Act 392 
 
 was procured by fraud, concealment of prop- 
 erty, or false statements in his schedule. — 
 Ellsasser v. Hunter, 26 Cal. 279. 
 
 .'E35. Same — Future liability — Hiring for a 
 fixed term. — A discharge is a bar to an ac- 
 tion for the recovery of money due, subse- 
 quent to discharge under a previous contract 
 entered into prior to discharge, for a fixed 
 term, and the liability under such contract 
 is one within the meaning of the act. — 
 Mooney v. Detrick, 85 Cal. 549, 22 Pac. 1111, 
 26 Pac. 280. 
 
 356. Same — Debts created in a fiduciary 
 capacity. — A commission merchant who re- 
 ceives goods to be sold and the proceeds 
 transmitted to the consignor, less commis- 
 .sion, and who sells the goods and fails to 
 transmit the proceeds, thereby incurs a debt 
 in a fiduciary capacity, and an action thereon 
 against such merchant is not barred by a 
 discharge in insolvency. — Mayberry v. Cook, 
 121 Cal. 588, 54 Pac. 95. 
 
 357. Same. — No defense when the record 
 in insolvency neitlier names the plaintiff 
 nor the contract on which action is brought, 
 nor states that defendant described all his 
 debts and liabilities to the best of liis knowl- 
 edge and belief. — Rourke v. McLaughlin, 38 
 Cal. 196. 
 
 358. Same. — Under act of 1880 bars ac- 
 tion on judgment rendered in 1876. — Hund- 
 ley V. Chaney, 65 Cal. 363, 4 Pac. 238. 
 
 359. Same — Promissory note. — Discharge 
 is a defense to an action on a promissory 
 note made to a citizen of California, but 
 transferred to a citizen of another state 
 subsequent to the discharge. — Thomas v. 
 Crow, 65 Cal. 470, 4 Pac. 448. 
 
 3(50. Same — Contract of hiring. — A dis- 
 charge is no bar to action on a contract for 
 hiring for a certain length of time, where 
 the money became due thereon after the 
 discharge. — Mooney v. Detrick, 3 Cal. Unrep. 
 191, 22 Pac. nil. 
 
 301. Effect — Debts ovring at time of filing 
 petition. — A discharge only affects debts 
 owing at the filing of the petition. — Waggle 
 V. Worthy, 74 Cal. 266, 5 Am. St. Rep. 440, 15 
 Pac. 831. 
 
 302. Release of mortgage. — Decree of dis- 
 charge from promissory note secured by 
 mortgage does not release the mortgage, 
 but merely limits the mortgagee to the pro- 
 ceeds of the mortgage. — Luning v. Brady, 10 
 Cal. 265. 
 
 303. Same— Judgment not satisfied, Tvlien. 
 — A judgment based on the fraudulent acts 
 of the insolvent is not satisfied by the lat- 
 ter's discharge under the insolvent act. — 
 Carit v. Williams, 74 Cal. 183, 15 Pac. 751. 
 
 304. Same — Judgment rendered in another 
 state. — Discharge in this state is no bar to 
 an action on a judgment rendered in an- 
 other state in favor of a resident thereof. — 
 Bean v. Loryea, SI Cal. 151. 22 Pac. 513. 
 
 305. Same — Under %-oid proceedings. — 
 Where tlie proceedings under the act are 
 without jurisdiction they are void, and the 
 discharge can not be pleaded in bar on a 
 subsequent creditor's suit. — Meyer v. Kohl- 
 man, 8 Cal. 44. 
 
 3G0. Same. — Judgment of discharge does 
 
 not extinguish the debt, but merely relieves 
 the debtor from compulsory payment, and 
 leaves subsequent payment to his conscience. 
 — Smith V. Richmond, 19 Cal. 476. 
 
 367. Same — Final as to insolvent — Juris- 
 diction to administer trust remains. — After 
 the discharge the insolvent is not a neces- 
 sary or proper party to subsequent proceed- 
 ings, and so far as he is reasonably concerned 
 the adjudication is final, but the juris- 
 diction of the court to administer the trust 
 remains until the property is finally disposed 
 of. — Rued V. Cooper, 109 Cal. 682, 34 Pac. 98. 
 
 368. Same — Discharge of partner as indi- 
 vidual operates as a discharge from individ- 
 ual liability for tlie partnership debts. — 
 Hawley v. Campbell, 62 Cal. 442; Dresbach 
 V. Creditors, 63 Cal. 187. 
 
 369. Agreement not to contest, whether 
 verbal or written, in consideration of pay- 
 ment of debt in full, is a "pecuniary consid- 
 eration or obligation," and renders the dis- 
 charge void under section 49. — Estudillo v. 
 Meyerstein, 72 Cal. 317, 13 Pac. 869. 
 
 370. Denial. — Return of goods by the as- 
 signee to the sheriff, when discharge denied, 
 held proper. — Appel v. Creditors, 57 Cal. 211. 
 
 371. Fraud in procuring discharge may 
 be pleaded by the sheriff in an action against 
 him by the transferee of a discharged in- 
 solvent for damages sustained in a levy of 
 execution upon a judgment rendered previ- 
 ous to such discharge. — Ellsasser v. Hunter, 
 26 Cal. 279. 
 
 .372. Collateral attack upon — Jurisdiction 
 of court not proper subject of inquiry. — In 
 a collateral attack upon a judgment of dis- 
 charge the question of the jurisdiction of 
 the court is not a proper subject of inquiry. 
 — Friedlander v. Loucks, 34 Cal. 18. 
 
 373. Extra-territorial operation and ef- 
 fect. — Insolvent laws have none, and con- 
 tracts of citizens of other states can not be 
 discharged thereunder, unless such citizens 
 voluntarily become parties to the proceed- 
 ing. — Scamman v. Bonslett, 118 Cal. 93, 62 
 Am. St. Rep. 226, 50 Pac. 272. 
 
 374. Same. — Where both debtor and cred- 
 itor were citizens of California at the date 
 of the contract, and it was made and is pay- 
 able in this state, a certificate of discharge 
 in insolvency is a valid defense, althougli 
 the creditor had afterwards become a resi- 
 dent of another state. — Scamman v. Bons- 
 lett, 118 Cal. 93, 62 Am. St. Rep. 226, 50 
 Pac. 272. 
 
 375. Same. — A discharge under the insol- 
 vent law does not bar an action by tlie citi- 
 zen of another state on a promissory note 
 which does not specify the place of pay- 
 ment, where the holder was at the time of 
 its execution and continued to be a resident 
 and citizen of another state. — Rhodes v. Bor- 
 den, 67 Cal. 7, 6 Pac. 850. 
 
 370. Action to set aside for fraud. — May 
 be brouglit under section 53, and need not 
 necessarily be brouglit by motion in the In- 
 solvency proceedings. — Estudillo v. Meyer- 
 stein. 72 Cal. 317. 13 Pac. 869. 
 
 .377. Same — .\ssignec. — An assignee of 
 claims against an insolvent, not himself a 
 creditor, is not witliin the terms of section
 
 Act 392 
 
 GKNBRAL. I^AWS. 
 
 53 of the act of 1880, and can not, after the 
 discharge of the insolvent, maintain an ac- 
 tion to set aside the decree on the ground 
 of fraud. — Sanborn v. Doe, 92 Cal. 152, 27 
 Am. St. Rep. 101, 28 Pac. 105. 
 
 378. Same — Creditor.^ — Creditor only can 
 commence proceeding to annul certificate of 
 Jischarge, as provided in section 53 of the 
 ACt of 1880, and the assignee has no right to 
 lo so. — "Wagner v. Superior Court, 4 Cal. 
 tTnrep. 310, 34 Pac. 648. 
 
 379. Same — Same. — The effect of a final 
 Jischarge in insolvency proceedings is to 
 ^nd them so far as the insolvent is con- 
 cerned, and can only be restored by a cred- 
 itor's application to set it aside and annul 
 the discharge.— Wagner v. Superior Court, 
 100 Cal. 359, 34 Pac. 820. 
 
 380. Stay of proceedings made pending 
 ,(otition for discliarge under the insolvent 
 id would not prevent issue of execution 
 and sale of property of the judgment debtor 
 thereunder during the time for the lien of 
 the judgment. — Isaac v. Swift, 10 Cal. 71, 70 
 ,Vm. Dec. 698. 
 
 380a. Riglit to set aside for fraud, not 
 Ji.ssignable. — Right to set aside decree on 
 the ground of fraud under section 53 of the 
 act of 1880, not subject to assignment. — 
 Sanborn v. Doe, 92 Cal. 152, 27 Am. St. Rep. 
 101, 28 Pac. 105. 
 
 y. Judgment. 
 
 381. In rem as to status of debtor. — De- 
 cree is one in rem so far as the status of 
 the debtor is concerned. — Arnold v. Kahn, 67 
 Cal. 472, 8 Pac. 36. 
 
 382. Collateral attack upon — Recital of 
 .iiirisdictional facts. — A judgment which re- 
 cites "That the requirements of said act . . . 
 and all orders of the court herein, have, in 
 every respect, been fully complied with and 
 performed by said petitioner," sufficiently 
 shows the existence of all jurisdictional 
 facts necessary to uphold the judgment 
 against collateral attack. — Langenour v. 
 French, 34 Cal. 92. 
 
 383. Void for want of jurisdiction. — A 
 judgment of discharge rendered by the 
 county court without jurisdiction is void, 
 and the creditors may enforce collection of 
 their debts at discretion. — People ex rel. 
 Sturgis V. County Court, 28 Cal. 115. 
 
 384. Docketing judgment is not required 
 to preserve the lieu. — Hastings v. Cunning- 
 ham, 39 Cal. 137. 
 
 B. Contempt. 
 
 385. Failure to file schedules, and failure 
 to obey a citation to answer concerning his 
 property, may be punished, as for contempt, 
 by imprisonment until he obeys the order. 
 —In re Clarke, 125 Cal. 388, 58 Pac. 22. 
 
 386. Holding property claimed by re- 
 ceiver. — One who holds property claimed by 
 receiver of an insolvent estate can not be 
 adjudged in contempt for refusing to turn 
 it over to the receiver on an order of court 
 where he holds such property adversely to 
 the insolvent for a corporation of which he 
 is an officer. — Ex parte Hollis, 59 Cal. 405. 
 
 387. Refusal to surrender property. — Re- 
 fusal of insolvent, after adjudication, may 
 
 be punished as for contempt. — Ex parte 
 Clark, 110 Cal. 405, 42 Pac. 905. 
 
 aa. Appeal and error. 
 388. Order refusing an adjudication. — 
 
 Such an order is appealable, and tlierefore 
 writ of error will lie. — Widber v. Superior 
 Court, 94 Cal. 430, 29 Pac. 870. 
 
 .389. Order requiring verification of sched- 
 ule not appealable. — Order requiring an in- 
 voluntary insolvent to verify his schedule 
 is not appealable. — In re Abbott, 74 Cal. 381. 
 16 Pac. 21. 
 
 390. Time to appeal. — Minute order for 
 discharge does not conclude trial Avliere the 
 court subsequently made findings and judg- 
 ment of discharge was entered and an 
 appeal within sixty daj^s after filing of find- 
 ings is in time notwithstanding the unex- 
 plained lapse of a year from the minute 
 order and the filing of findings. — Sullivan v. 
 Washburn & Moen Mfg. Co., 139 Cal. 257, 72 
 Pac. 992. 
 
 391. Jurisdiction of supreme court. — The 
 supreme court has jurisdiction on appeal 
 from a judgment in an insolvent case, as a 
 special case within the meaning of section 
 336 of the practice act. — Fisk v. Creditors, 
 12 Cal. 281. 
 
 392. Appealable order. — Res adjudicata. — 
 An order denying the right of the insolvent 
 to grape crop on homestead, and affirming 
 the right of the assignor, is appealable, and 
 becomes res adjudicata, and a bar to an 
 action to recover it, upon failure to appeal 
 within the time limited. — Sunkler v. McKen- 
 zie, 127 Cal. 554, 78 Am. St. Rep. 86, 59 
 Pac. 982. 
 
 393. Appeal by creditor. — Service of no- 
 tice of appeal need only be served on the 
 insolvent, and need not be served on the re- 
 ceiver or the other creditors who had not 
 filed proof of claims. — In re Chope, 112 Cal. 
 630, 44 Pac. 1066. 
 
 394. Same — Not estopped by making 
 proof of claim. — Creditor is not estopped to 
 pursue an appeal from adjudication of in- 
 solvency by making proof of claim. — In re 
 Chope, 112 Cal. 630, 44 Pac. 1066. 
 
 305. Right of appeal regulated by gen- 
 eral laiv. — Right of appeal regulated by tlie 
 general law^ for appeals in civil cases. — 
 Dennery v. Superior Court, 84 Cal. 7, 24 Pac. 
 147. 
 
 390. Bond of assignee operates as under- 
 taking on appeal. — Under § 67 of the act of 
 1880 the assignee's bond operates as an un- 
 dertaking on an appeal by him from a judg- 
 ment or order, and when the judgment or 
 order directs the payment of money, oper- 
 ates as a stay bond. — In re Sharp, 92 Cal. 
 577, 28 Pac. 783. 
 
 397. Order denying motion to dl<«mlss 
 proceedings made by creditor after adjudi- 
 cation of insolvency is not appealable. — In 
 re Wierbitzky, 96 Cal. 310, 31 Pac. 115. 
 
 395. Crudities and bad grammar in the 
 petition do not vitiate the pleading on a|i- 
 pcal. — In re Ramazzina, 110 Cal. 4SS, 42 Pac. 
 980. 
 
 399. Appeal by creditor stny.s all pro- 
 ceedings under the order of atljiidieation,
 
 141 BANKS AND BANKIlvG. Act 406, §§ 1-4 
 
 and the superior court has no jurisdiction judgment refusing the discharge will be 
 
 to modify the order so as to allow execu- reversed. — In re Baird, 84 Cal. 95, 24 Pac. 
 
 tion against homestead of Insolvent. — State- 167. 
 
 ler V. Superior Court, 107 Cal. 536, 40 Pac. 402. Appeal In contempt proceedings. — 
 
 849- See "Constitutionality," 5. 
 
 400. Appealable order. — An order direct- 
 ing tne assigner to render an account as ^^' -Attorney s fee. 
 
 required by section 29 of the insolvent act 403. Petition for, must show value of es- 
 
 of 188&, is not appealable. — Rosenthal, Fe- tate. — A petition for attorney's fee in an 
 
 der & Co. v. Levy, 73 Cal. 9, 14 Pac. 368. insolvent case, which fails to show the na- 
 
 401. When the evidence Is Insufficient to ture and value of the estate, is insufficient. 
 sustain any of the grounds of opposition, a — In re Close, 106 Cal. 574, 39 Pac. 1067. 
 
 CHAPTER 25. 
 BANKS AND BANKING. 
 
 CONTENTS OF CHAPTER. 
 ACT 406. Involuntary Dissolution of Savings Banks. 
 . 409. "Bank Act." 
 410. Involuntary Liquidation of Banks. 
 
 INVOLUNTARY DISSOLUTION OF SAVINGS BANKS. 
 ACT 406 — An act providing for the dissolution and winding up of savings banks, trust 
 companies, and banks of deposit, and providing for the disposition of all funds 
 deposited therein and not claimed within five years after such banks have ceased to 
 do business, or after the commencement of proceedings to dissolve. 
 History: Approved March 31, 1891, Stats. 1891, p. 271. 
 
 Right to dissolve savings banks, etc. 
 
 § 1. That any savings bank or trust company or bank of deposit heretofore created 
 or which may be hereafter created shall have the right, on application of the stock- 
 holders or members to the superior court of the county wherein its principal place of 
 business is situated, to dissolve said corporation in the manner provided for in title sis, 
 part three, of the Code of Civil Procedure. 
 
 Dissolved savings bank fund. 
 
 $ 2. It is hereby made the duty of every person or corporation holding funds of any 
 savings bank or trust company or bank of deposit, at the end of five years from and 
 after such bank has ceased to receive deposits or do business, to pay the same into the 
 state treasury, which money shall be held in the state treasury in a fund which ia 
 hereby designated as "the dissolved savings bank fund"; and at the same time it shall 
 be the duty of such person or corporation to furnish to the state controller a list of the 
 names of all depositors to whom said moneys belong or to whom said bank owes the 
 same. 
 
 How drawn upon. 
 
 ^ 3. The money in said "the dissolved savings bank fund" may be drawn out on the 
 warrants of the state controller, issued on proofs of ownership, approved and allowed 
 by the state board of examiners. 
 
 When same escheats. 
 
 ^4. All moneys paid into the said "the dissolved savings bank fund" uncalled for 
 within five years after being paid in shall escheat to the state, and thereafter only 
 drawn out in such manner as now provided for by law for the estates of deceased per- 
 sons escheated to this state.
 
 Act 406, §§ 5-9 
 
 GEXE^RAL LAWS. 
 
 142 
 
 Attorney general empowered to tring actions. 
 
 $ 5. That any person or corporation failing to comply with the provisions of this 
 act shall be liable to the state of California for the amount of monej'^ so retained b;^ 
 them contrary to the provisions of the first four sections of this act; and the attorney 
 general of this state is hereby authorized, empowered, and directed to bring action, in 
 the name of the people of the state of California, in such manner and upon the same 
 terms as now provided for escheated estates, to recover judgment for said money, and 
 when so recovered, to be paid into the state treasury and held subject to the provisions 
 of this act; provided, that said fund shall be liable for the expense of the recovery of 
 the same, to be paid out upon demands audited by the state board of examiners. 
 
 Investment of funds. 
 
 § 6. Whenever and as often as there is ;n the state treasury to the credit of the said 
 "the dissolved savings bank fund'' the sum of ten thousand dollars, the state board of 
 examiners must invest the same in civil funded bonds of this state, or in bonds of the 
 United States, or in bonds of the several counties of this state; the investments to be 
 made in such manner and upon such terms as the board shall deem for the best 
 interests of the said "the dissolved savings bank fund"; provided, that no bonds of any 
 counties shall be purchased, of which the debt, debts, or liabilities at the time exceed 
 fifteen per cent of the assessed value of the taxable property of said county. 
 
 Bonds purchased, delivery to state treasury. 
 
 § 7. All bonds purchased by the board under the provisions of this act must be 
 delivered to the state treasurer, who shall keep them as a portion of said * * the dissolved 
 savings bank fund, ' ' the interest upon such bonds to be placed by him to the credit of 
 said fund. 
 
 To sell bonds to meet payments. 
 
 ' ^ 8. Whenever the moneys on hand in the state treasury, to the credit of the said 
 "the dissolved savings bank fund" is not sufficient to pay the claims allowed by the 
 state board of examiners against said fund, it shall be the duty of said board to sell 
 such bonds belonging to said fund as they may deem proper, for the piirpose of provid- 
 ing funds for the payment of such claims so allowed by them. 
 $ 9. This act shall take effect from and after its passage. 
 
 Incorporation of banks, capital stock, etc. 
 —See Kerr's Cyc. Civil Code, tit. Corpora- 
 tions. 
 
 Investment of funds in bonds of particular 
 public corporations. — See title of particular 
 corporation, and Kerr's Cyc. Political Code, 
 i 3480. 
 
 License of bankers.— See Kerr's Cyc. Po- 
 litical Code, § 3379. 
 
 Savings banks, regulation in generaL— 
 See. post, Act 409. 
 
 Savings and loan corporations. — See Kerr's 
 Cyc. Civil Code, §§ 571, et seq. 
 
 Taxation of money in savings banks. — S°e 
 Kerr's Cyc. Political Code, § 3617. 
 
 Taxation of shares of stock. — See Kerr's 
 Cyc. Political Code, §§ 3608-3610. 
 
 Voluntary dissolution of corporations, In 
 general. — See Kerr's Cyc. Civil Code, §§ 1227, 
 et seq.
 
 i43 BANKS AAD BANKING. Act 400 
 
 THE "BANK ACT." 
 ACT 409 — An act to define and regulate the business of banking. 
 
 History: Approved March 1, 1909, Stats. 1909, p. 87. Amended: 
 (1) February 9, 1911, Stats. 1911, p. 7; (2) April 21, 1911, Stats. 1911, 
 p. 958; (3) April 21, 1911, Stats. 1911, p. 1003; (4) April 21, 1911, Stats. 
 1911, p. 1008; (5) December 18, 1911, Stats. 1911 (ex. sess.), p. 12; (6) 
 December 24, 1911, Stats. 1911 (ex. sess.), p. 115; (7) May 6, 1913. lu 
 effect August 10, 1913. Stats. 1913, p. 136; (8) May 31, 1913. In effect 
 August 10, 1913. Stats. 1913, p. 335; (9) April 28, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 297; (10) June 3, 1915. In effect August 8, 
 . 1915. Stats. 1915, p. 1104; (11) June 3, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1138; (12) June 3, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1139; (13) May 17, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 586; (14) May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 598; 
 (15) May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 622; (16) 
 May 3, 1919. In effect July 22, 1919. Stats. 1919, p. 185; (17) May 15, 
 1919. In effect July 22, 1919. Stats. 1919, p. 622. Prior acts repealed: 
 The "Bank Commissioner's Act," approved March 24, 1903, Stats. 
 1903, p. 365. Amended March 20, 1905, Stats. 1905, p. 304. The "Bank 
 Commissioner's Act," approved March 30, 1878, Stats. 1877-78, p. 740. 
 Amended March 10, 1887. Stats. 1887, p. 90; March 25, 1895, Stats. 
 1895, p. 172; February 25, 1901, Stats. 1901, p. 30; was repealed 
 March 2, 1903, Stats. 1903, p. 73. 
 
 AETICLE I. GENERAL PROVISIONS, §§ 1-51. 
 
 II. SAVINGS BANKS, §§60-69. 
 
 ni. COMMERCIAL BANKS, §§ 80-83. 
 
 IV. TRUST COMPANIES, §§ 90-106. 
 
 V. STATE BANKING DEPARTMENT, §§ 120-147. 
 
 AETICLE L 
 General Provisions. 
 § 1. Title of Act. 
 §2. "Bank" Defined. 
 
 Classification. 
 
 Money in Escrow. 
 § 3. Banking Corporations, Number or Persons Required to Foem. 
 § 4. " Savings Bank, ' ' Defined. 
 §5. "Commercial Bank," Defined. 
 
 May Be Insurance Agent in Cities of Not More Than 5000 Persons. 
 § 6. " Trust Company, ' ' Defined. 
 § 7. Foreign Corporations. 
 
 Conditions of Doing Business in State. 
 
 Capital and Deposits to Be Kept Separate From General Business. 
 
 Superintendent of Banks, Attorney for Service of Process. 
 
 Service of process. 
 
 Trust Company May Act as Executor, 
 
 Branch OflSce Prohibited. 
 
 Lending Money. 
 
 § 8. Certified Copy op Articles ov Incokposation to Be FiLaD With Superintkndbnt 0» 
 
 Banks. 
 S 9. Opening of Branch Office. 
 
 Conditions. 
 
 Capital. 
 
 Discontinuance. 
 
 Certificate of Authority. Fee. 
 
 Savings Banks, in Schools. 
 
 Penalty. 
 S 10. Directors. 
 
 Qualifications Required. 
 
 Bank Without Capital Stock.
 
 Act 40» 
 
 GKABRAL. LAWS. 144 
 
 § 11. Meetings op Directors. 
 Oath of Office. 
 
 Oath of Agents op Foreign Corpoeations. 
 § 12. Advertising. 
 
 Restrictions. 
 
 Use of Word "Bank." . . 
 
 Not to Apply to Use of Corporate Name hj Building and Loan Associatioiia. 
 
 Penalty. 
 
 Injunction. 
 § 12a. Advertising. 
 
 Prerequisites To. 
 
 Not to Apply to Building and Loan Associations. 
 § 12b. Life Insurance Companies. Act Does Not Apply To. 
 § 12e. Foreign Corporations. 
 
 May Lend Money in State. 
 
 Representative. 
 
 License. Fee. 
 § 13. Other Corporations Not to Engage m Banking Bttsiness. 
 
 Express Companies May Receive and Transmit Monby. 
 § 14. Advertising Capital. 
 « 15. Unclaimed Deposits. 
 
 Claimants to Show Cause. 
 
 Publication of Summons and Noticeu 
 
 Jurisdiction of Court. 
 
 Statement of President or Manager, 
 Contents of. 
 
 Biennial Statement of Ten ^ear. 
 Publication. 
 Penalty for Failure to Make. 
 
 Transferred Deposits. 
 § 16. Repealed. 
 § 17. Stockholders. 
 
 List of Accessible. 
 § 18. Repealed. 
 § 19. Capital and Surplus. 
 
 Percentage of Deposits. 
 5i 20. Reserves of Commercial Banks. 
 
 How Maintained. 
 
 If Member of Federal Reserve Banlc 
 
 Penalty for Not Maintaining. 
 
 Depositaries. 
 
 Capital and Surplus of. 
 
 Restoration of Capital and Surplus Of. 
 
 "Reserves on Hand." 
 
 "Reserves on Deposit." 
 
 "Total Reserves." 
 
 "Reserve Depositary." 
 
 § 21. Dividends. 
 Surplus. 
 
 Losses May Be Charged to Surplus. 
 Depositors' Prior Claim. 
 § 21a. Preference to Depositors. 
 
 Borrowing Money. 
 § 22. Commercial, Savings and Trust Combination. 
 i 23. Departmental Business. 
 
 Consent of Superintendent of Banks. 
 
 Capital Stock. 
 
 Place of Not Over 5000 Persons. 
 
 Over 5000 and Not Over 25,000 Persons. 
 
 Over 25,000 and Not Over 100,000 Persons. 
 
 Over 100,000 and Not Over 200,000 Persona. 
 
 Over 200,000 Persons.
 
 [45 
 
 BANKS AND BANKING. Act 408 
 
 Not Applicable to Existing Banks. 
 
 Decrease of Capital. ' 
 
 Census. 
 ~§ 24. Opening New Department. 
 
 Certificate. Fee. 
 § 25. Departmental Eeserves. 
 
 Inter-Department Transactions. 
 § 26. Departmental Books of Account Separately Kept, 
 § 27. Assets to Pay Department Depositors. 
 § 28. Signs. 
 
 Must Show Kind of Bank. 
 "Branch." 
 § 29, Non-Stock Corporations Heretofore Created. 
 May Elect to Have a Capital Stock. 
 Conditions of Change. 
 Procedure. 
 § 30. Safe Deposit Department. 
 § 31. Sale of Business. 
 Conditions. 
 Eights of Creditors. 
 Publication of Notice. 
 § 31a. Consolidation of Banks. 
 
 Ratification by Stockholders. 
 Notice, Publication Of. 
 
 Articles of Incorporation and Consolidation, 
 By Whom Signed. 
 Filing. 
 Certificate. Duplicate to Secretary of State. 
 Obligations Not Impaired. 
 Increase of Stock. 
 § 32. Trust Funds, 
 § 33. Repealed. 
 
 § 34. Investment on Own Stock Forbidden. Penalty. 
 §35. Purchase op Real Estate Contracts. Written Consent op Superintendent op 
 
 Banks Required. 
 § 36. Purchase of Bond Issues of in Excess of Five Pee Cent of Its Assets by Com- 
 
 mercial Bank Forbidden. Exception. 
 5 37. Investment in Capital Stock op Corporations. 
 Conditions. 
 
 Stock of Trust Company. 
 Stock of Safe Deposit Corporation. 
 § 38. Penal Liabilities of Directors and Employees. 
 § 39. Officer Must Not Overdraw Account. 
 § 40. Stockholders ' Liability, Waiver Of. 
 I 41. Purchase of Assets at Discount by Officer, ETa 
 
 Consent of All Directors Required. 
 § 42. Purchase of Assets at Discount by Oppiceb, Etc. 
 
 Penalty. 
 § 43. Deposit of Funds in Another Bank. 
 
 Conditions. 
 § 44. Loan on Stock of Another Bank. 
 
 8 45. Unpaid Interest Not to Be Included in Profits Previous to Dividend. 
 ^ 46. Investment in Bond Issxxe op More Than Five Per Cent oj" Assets Fobsidden. 
 
 Exception. 
 i 47. Loans on Real Estate. 
 
 S 48. National Banks Must Submit to Examination. 
 8 48a. National Banking Associations Under Federal Reserve Act. 
 Authorized to Act in Fiduciary Capacities. 
 
 Duties of State Treasurer and Superintendent of Banks in Relation Thereto. 
 Charges by State Banking Department for Services. 
 S 49. Commercial Banks Forbidden to Advertise as Savings Banks. 
 
 Penalty. , 
 i 50. Certificate, Posting. 
 Gen. Laws— 10
 
 Act 409, §§ 1-3 GENERAL LAWS. 146 
 
 § 51. Deposits by Ordee op Coubt. 
 § 52. Certified Checks. 
 § 53. Capital Stock. 
 Par Value. 
 
 Indorsement of Paid-Up Value on Certificate. 
 § 54. Eeal Estate Purchased at Sales Undeb Pledges, Mortgages, etc., foe Its Benbjtt. 
 Sale of in Five Years Required. 
 Appraisal. 
 Notice. 
 
 Minimum Price. 
 Fees. Cost of sale. 
 § 55. Eeceiving Deposits Not Creation of Debt. 
 "Eeal Estate." 
 
 "Eeal Property." ^ 
 
 "Personal Property." 
 § 56. Members of Federal Reserve Bank. 
 Powers. 
 
 Subject to Federal Eeserve Examinations. 
 § 56a. Converting Into National Banking Associatiom. 
 Conditions. 
 
 Notice of Intention. 
 Notice of Conversion. 
 Form of Notice. 
 Surrender of State License. 
 Advertisement of Conversion. 
 § 57. Eeal Estate Loans. 
 § 58. Foreign Banking. 
 
 Application for Permission to Engage In. 
 Information as to Foreign Branches. 
 Eegulations by Superintendent of Banks. 
 
 "Bank act." 
 
 & 1. This act shall be known as the "bank act," and shall be applicable to all cor- 
 porations specified in the next section and to such other persons, associations, co-part- 
 nerships or corporations who shall, by violating any of its provisions, become subject 
 to the penalties provided therein. [Amendment of June 3, 1915. In effect August 8, 
 1915. Stats. 1915, p. 1104.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 137. 
 
 "Bank" defined. Money in escrow. Classification. 
 
 § 2. The word ' ' bank, ' ' as used in this act shall be construed to mean any incor- 
 porated banking institution which shall have been incorporated to conduct the business 
 of receiving money on deposit, or transacting a trust business as hereinafter defined. 
 The soliciting, receiving, or accepting of money or its equivalent on deposit as a 
 regular business shall be deemed to be doing a commercial or savings bank business 
 whether such deposit is made subject to cheek or is evidenced by a certificate of 
 deposit, a pass book, a note, a receipt or other writing; provided, that nothing herein 
 shall apply to or include money or its equivalent left in escrow or left with an agent, 
 pending investment in real estate or securities for or on account of his principal. It 
 shall be unlawful for any corporation, partnership, firm, or individual to engage in 
 or transact a banking business within this state except by means of a corporation 
 duly organized for such purpose. Banks are divided into the following classes : 
 
 (a) Savings banks; 
 
 (b) Commercial banks; and 
 
 (c) Trust companies. [Amendment approved May 6, 1913. Stats. 1913, p. 137.] 
 
 Three persons may form banking corporation. 
 
 § 3. Corporations may be organized by any number of natural persons, not less in 
 any case than three, under the laws of this state to conduct, as* provided in this act,
 
 147 BANKS AND BANKING. Act 400, 1 i-7 
 
 and not otherwise, any one or more or all of the businesses mentioned in divisions 
 (a), (b), and (c) of section two, of this act. [Amendment of June 3, 1915. In eftect 
 August 8, 1915. Stats. 1915, p. 1105.] 
 
 This section was also amended May 6. 1913, Stats. 1913, p. 137. 
 
 Savings bank, meaning of term. 
 
 § 4. The term * * savings bank, ' ' when used in this act, means a bank organized for 
 the purpose of accumulating and loaning the funds of its members, stockholders, and 
 depositors, and which may loan and invest the funds thereof, receive deposits of money ; 
 loan, invest, and collect the same with interest; and may repay depositors with or 
 without interest, and having power to invest said funds in such property, securities, 
 and obligations as may be prescribed by this act ; and to declare and pay dividends on 
 its general deposits, and a stipulated rate of interest on deposits made for a stated 
 period or upon special terms. 
 
 "Commercial bank." May act as insurance agent in cities of less than five thousand. 
 § 5. The term "commercial bank," when used in this act, means any bank author- 
 ized by law to receive deposits of money, deal in commercial paper or to make loans 
 thereon, and to lend money on real or personal property, and to discount bills, notes 
 or other commercial paper, and to buy and sell and advertise for purchase or sale such 
 securities as are permissible for investment by commercial banks, gold and silver 
 bullion, or foreign coins or bills of exchange; provided, any commercial bank located 
 and doing business in any place the population of which does not exceed five thousand 
 persons, as shown by the last preceding federal census, or any subsequent census com- 
 piled and certified under any law of this state, may, under such rules and regulations 
 as may be prescribed by the superintendent of banks, act as the agent for any fire, life, 
 or other insurance company authorized by the authorities of the state of California 
 to do business in this state, by soliciting and selling insurance and collecting premiums 
 on policies issued by such company ; and may receive for services so rendered such fees 
 or commissions as may be agreed upon between the said bank and the insurance com- 
 pany for which it may act as agent ; provided, however, that no such bank shall in any 
 case assume or guarantee the pajonent of any premium 'on insurance policies issued 
 through its agency by its principal; and provided, further, that said bank shall not 
 guarantee the truth of any statement made by an assured in filing his application for 
 insurance. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 622.] 
 
 "Trust company" defined. 
 
 § 6. The term "trust company," when used in this act, means any corporation which 
 is incorporated under the laws of this state for the i^urpose of conducting the business 
 of acting as executor, administrator, guardian of estates, assignee, receiver, depositai 
 or trustee under appointment of any court or by authority of any law of this state, 
 or as trustee for any purpose permitted by law. [Amendment approved May 6, 19^.3. 
 Stats. 1913, p. 137.] 
 
 Foreign corporations. Capital and deposits kept separate. Loans, income as profits. 
 
 Attorney. Service of process. Trust company as executor. Attorney. Branch office 
 
 prohibited. May lend money. 
 
 $ 7. No foreign corporation shall transact a banking business in this state without 
 first complying with all the requirements of the laws of this state relative to banks as 
 defined in this act, and without having assigned to its business in this state the amount 
 of paid-up capital and surplus required by this act for the transaction of such business 
 within this state. No foreign banking corporation shall transact business in this state 
 until such corporation has made the assignment of capital required by this section and
 
 Act 409. g 7 GENERAL, LAWS. 148 
 
 has received a certificate from the superintendent of banks; provided,' that a foreign 
 banking corporation shall not be permitted to accept deposits of money in this state 
 but may receive a certificate from the superintendent of banks to transact in this state 
 only the business of buying or selling, paj'ing or collecting bills of exchange, or of 
 issuing letters of credit or of receiving money for transmission or transmitting the 
 same by draft, check, cable or otherwise, or of making loans; and provided, further, 
 that those foreign banking corporations that now have power to do a banking business 
 in this state and which now receive deposits of money shall be permitted to continue to 
 accept money on deposit. Any foreign banking corporation transacting business in 
 this state shall become subject to the supervision of the state superintendent of banks. 
 Every foreign banking corporation, including those which were on January second, 
 nineteen hundred thirteen, transacting business in this state, which receives any deposits 
 or transacts any other banking business or transacts its business in such a manner as 
 might lead the public to believe that its business is that of a bank shall conduct all its 
 business in accordance with the statutes governing incorporated banking institutions 
 organized under the laws of this state. The capital of any such foreign banking cor- 
 poration assigned to its business in this state and all funds and deposits of money 
 received by any such corporation in this state or for or in connection with its business 
 in this state and all accounts and transactions of said business transacted by any such 
 foreign corporation in this state shall be kept separate and apart from the general 
 business, assets and accounts of such foreign corporation in the same manner as if the 
 business of such foreign corporation conducted within this state was that of a separate 
 and independent corporation organized under the laws of this state for the purpose 
 of doing a banking business and all of the provisions of this act affecting investments, 
 loans of money, receiving deposits and 'conducting business in any respect shall be 
 deemed to apply to such assigned capital, investments, loans, deposits, assets, funds 
 and business in the same manner as if such assigned capital, investments, loans, 
 deposits, assets, funds and business were that of such separate and independent cor- 
 poration; provided, that loans may be made by any such foreign corporation based on 
 its entire paid-up capital and surplus in case such foreign corporation shall have 
 assigned to its business in this state a paid-up capital and surplus as above provided 
 equal to twenty per centum of the deposit liability of such branch agency or office to 
 residents of this state. Such funds and investments or loans thereof shall be appropri- 
 ated solely to the security and payment of such deposits, and shall not be mingled with 
 the investments of the capital stock or other money or property belonging to such 
 corporation or be liable for the debts or obligations thereof. All income received from 
 the investment of said funds over and above such funds as may be paid to depositors 
 as interest or shall be carried to the surplus fund, as provided in section twenty-one 
 of this act, shall accrue as profits to the corporation and may be transferred to its 
 general funds. No such foreign corporation shall transact any banking business in this 
 state until it has executed and filed with the superintendent of banks a written instru- 
 ment appointing such superintendent or his successor in office, its true and lawful 
 attorney, upon whom all process issued by authority of or under any law of this state 
 may be served, with the same effect as if such corporation was formed under the laws 
 of this state and had been lawfully served with process therein. Such service upon 
 such attorney shall be deemed personal service on such corporation. The superin- 
 tendent of banks shall forthwith forward by mail, postage prepaid, a copy of every 
 process served upon him under the provisions of this section, addressed to the manager 
 or agent of such corporation, at its principal place of business in this state. For each 
 copy of process, the superintendent of banks shall collect the sum of two dollars, which 
 shall be paid by the plaintiff or moving party at the time of the service, to be recovered 
 by him as a part of his taxable costs if he succeed in the suit or proceeding. No
 
 140 BANKS AND BANKING. Act 409, 9 8 
 
 foreign corporation shall have or exercise in this state the power to receive deposits 
 of trust moneys, securities or other personal property from any person or corporation 
 or any of the powers specified in section six of this act, nor have or maintain an office 
 in this state for the transaction of, or transact, directly or indirectly, any such or 
 similar business, except that a trust company incorporated in another state may 
 have or exercise in this state such powers as are permitted to foreign corporations 
 by the provisions of section ninety of this act and may be appointed and may accept 
 appointment and may act in this state as executor of or trustee under the last will 
 and testament of any deceased person, upon giving the bond required in such cases 
 of individuals unless waived by the last will and testament making such appointment 
 and by taking and subscribing an oath for faithful performance of such trust by the 
 president, vice president, secretary, manager or trust officer of said corporation; 
 provided, that such superintendent of banks, for the time being, shall be attorney of 
 such foreign corporation qualifying or acting in this state as such executor or trustee, 
 upon whom process against such foreign corporation may be served in any action or 
 legal proceeding against such executor or trustee affecting or relating to the estate or 
 property represented or held by such executor or trustee, or any act or default of such 
 foreign corporation in reference to such estate or property, and it shall be the duty of 
 any such foreign coi'poration so qualifying or acting to file in the office of said 
 superintendent of banks a copy of its articles of incorporation, or of the statute charter- 
 ing such corporation, certified by its secretary under its corporate seal, together with 
 the postoffice address of its home office, and a duly executed appointment of said 
 superintendent of banks as its attorney to accept service of process as above provided, 
 and said superintendent of banks, when any such process is served upon him, shall at 
 once mail the papers so served to the home office of such corporation; and provided, 
 further, that no foreign corporation which may have or exercise in this state such 
 powers as are permitted to foreign corporations by the provisions of section ninety of 
 this act or having authority to act as executor of or trustee under the last will and testa- 
 ment of any deceased person shall establish or maintain, directly or indirectly, any 
 branch office or agencj' in this state, or shall in any way solicit, directly or indirectly, 
 any business as executor or trustee therein, and that for any violation of this proviso, 
 the court having jurisdiction of such executor or trustee in said proceeding may in its 
 discretion, revoke the right of such foreign corporation thereafter to act as executor 
 or trustee therein; provided, that nothing in this act shall limit or affect the right of 
 any foreign coiporation doing a banking business in this state, to lend within this 
 state, moneys of such corporation which do not form a part of the moneys, deposits or 
 assets of such corporation assigned or belonging to its business in this state. 
 
 This section shall not be construed to prohibit foreign banking corporations, which 
 do not maintain an office in this state for the transaction of business, from making 
 loans in this state secured by mortgages on real property, nor from accepting assign- 
 ments of mortgages covering real property situated in this state, nor from making loans 
 through correspondents which are engaged in the business of banking in this state 
 under the laws of this state. [Amendment of May 17, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 598.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 137. 
 
 Copy of articles of incorporation. 
 
 § 8. Every corporation, at the time it applies for a certificate of authority to do a 
 banking business, must file with the superintendent of banks a certified copy of its 
 articles of incorporation, or of the statute chartering such corporation, a certified copy 
 of its by-laws, and also a certified copy of all instruments amending or altering such 
 articles of incoiporation or charter or by-laws. Thereafter a certified copy of each 
 amendment or certificate designed to increase or decrease the capital stock, to change
 
 Act 400, go GKKERAL LAWS. 150 
 
 the number of directors, to amend the articles of incorporation, to change the prin- 
 cipal place of business, or the name of such corporation, or to effect any other organic 
 change shall likewise be so filed before such instrument takes effect. Each certifica- 
 tion required by the provisions of this section other than that of by-laws must be by 
 the secretary of state. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 
 1919, p. 623.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 140; May 17, 1917, Stats. 1917, 
 p. 601. 
 
 Approval for opening branch office. Capital. Discontinuances. 
 
 § 9. No bank in this state, or any officer or director thereof, shall hereafter open or 
 keep an office other than its principal place of business, without first having obtained 
 the written approval of the superintendent of banks to the opening of such branch of&ee, 
 which written approval may be given or withheld in his discretion, and shall not be 
 given by him until he has ascertained to his satisfaction that the public convenience 
 and advantage will be promoted by the opening of such branch oflSce; provided, that 
 no bank or any officer or director thereof, shall open or maintain any such branch 
 office unless the cajoital of such bank, actually paid in, in cash, shall exceed the amount 
 required by this act by the sum of twenty-five thousand dollars for each branch office 
 opened and maintained in the place where its principal business is transacted; and 
 provided, that for each branch office opened or maintained by anj' bank, other than a 
 bank transacting only the business described in section six of this act, in any place in 
 this state other than the place where the principal business of such bank is trans- 
 acted, the capital of such bank, actually paid in, in cash, shall exceed the amount 
 required by this act in the sum required by this act for every bank hereafter organized 
 in the place where each branch office is to be opened or maintained, exclusive of the 
 capital required for a trust department; and, provided also, that for each branch office 
 opened or maintained by an}- corporation which has power to transact only such busi- 
 ness as is described in section six of this act or in section four hundred fifty-three x 
 of the Civil Code, in any place in this state other than the place where the principal 
 business of such corporation is transacted, the capital of such corporation, actually 
 paid in, in cash, shall exceed the amount required by this act in the sum of twenty-five 
 thousand dollars; and provided, further, that no branch office may be discontinued 
 without the previous written approval of the superintendent of banks. 
 
 Certificate of authority. Fee. Savings banks in schools. Penalty. 
 
 Every bank, before it opens a branch office, shall obtain the certificate of authority 
 of the superintendent of banks for the opening of each of said branch offices. The 
 applicant shall pay for such certificate a fee of fifty dollars; provided, however, that, 
 in order to encourage saving among the children of the schools of this state, a bank 
 may, with the written consent of and under regulations approved by the superin- 
 tendent of banks and, in the case of public schools, by the board of education or 
 board of school trustees of the city or district in which the school is situated, arrange 
 for the collection of savings from the school children by the principal or teachers of 
 such schools or by collectors. The principal, teacher or person authorized by the bank 
 to make collections from the school children shall be deemed to be the agent of the 
 bank and the bank shall be liable to the pupil for all deposits made with such prin- 
 cipal, teacher or other person, the same as if the deposits were made by the pupil 
 directly with the bank. Every bank and every such officer or director violating the 
 provisions of this section shall forfeit to the people of the state the sum of one 
 hundred dollars for every day during which any branch office hereafter opened shall 
 be maintained without such written approval. [Amendment of May 17, 1917. Iii 
 effect July 27, 1917. Stats. 1917, p. 601.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 140.
 
 151 BANKS AND BANKING. Act 409, §§ 10-13 
 
 Qualifications for bank director. Bank without capital stock. 
 
 ^ 10. No person shall be eligible for election as director of a bank having a capital 
 
 stock unless he is a stockholder of the bank, owning, in his own right, shares thereof 
 
 of the par value of at least five hundred dollars; and every person elected to be 
 
 director who, after such election, shall cease to be the owner in his own right of the 
 
 amount of such stock aforesaid, or shall hypothecate or in any way pledge such stock 
 
 as security for any loan or debt shall immediately notify the superintendent of banks 
 
 in writing of such sale or hj^pothecation and such director may be removed from the 
 
 office of director by the superintendent of banks; provided, however, that any executor 
 
 or executrix, administrator or administratrix holding shares of a bank of the par 
 
 value of five hundred dollars, in his or her representative capacity shall be eligible for 
 
 election as a director thereof. If a bank be organized without capital stock, no person 
 
 shall be eligible as a director thereof unless he is both a member and a depositor of 
 
 such bank. [Amendment of May 17, 1917. In effect July 27, 1917. Stats. 1917, 
 
 p. 602.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 141; June 3, 1915, Stats. 1915, 
 p. 1138. 
 
 Meetings. Oath of director. Agents of foreign corporations. 
 
 $ 11. The board of directors of a bank organized under the laws of this state must 
 hold a meeting in its banking premises at least once a month. Each such director, 
 when appointed or elected, shall take an oath that he will, as far as the duty devolves 
 on him, diligently and honestly administer the affairs of such bank, and will not 
 knowingly violate or willfully permit to be violated any of the provisions of law 
 applicable to such bank, and that he is the owner in good faith and in his own right of 
 shares of stock of the par value required by section ten of this act, subscribed by him 
 or standing in his name on the books of the bank, and that the same to an amount 
 equal to the par value of at least five hundred dollars, are not hypothecated or in anj' 
 way pledged as security for any loan or debt. Such oath shall be subscribed by the 
 director making it, certified by the ofiicer before whom it is taken, and immediately 
 transmitted to the superintendent of banks and filed and preserved in his office; pro- 
 vided, the managers or agents residing in this state, of a foreign corporation transacting 
 any banking business in this state, shall take an oath that they will, as far as the 
 *duty devolves on them, diligently and honestly administer the affairs of such bank, and 
 will not knowingly violate or willfully permit to be violated any of the provisions of 
 law applicable to such bank. Such oath shall be subscribed by the managers or agents 
 taking it, certified by the officer before whom it is taken, and immediately transmitted 
 to the superintendent of banks and filed and preserved in his office. [Amendment of 
 June 3, 1915. In effect August 8, 1915. Stats. 1915, p. 1105.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1008; May 6, 1913, Stats. 
 1913, p. 141. 
 
 Advertising as bank. Use of word "bank." Not applicable to building and loan 
 associations. Penalty. Injunction. 
 
 $ 12. No person, firm, company, copartnership or corporation, either domestic or 
 foreign, not subject to the supervision of the superintendent of banks, and not required. 
 by the provisions of this act, to report to him, and which has not received a certificate 
 to do a banking business from the superintendent of banks, shall advertise that he or 
 it is receiving or accepting money or savings, and issuing notes or certificates of 
 deposit therefor, or shall make use of any office sign, at th^ place where such business 
 is transacted, having thereon any artificial or corporate /lame, or other words indi- 
 cating that such place or office is the place or office .:>f a bank or trust company, or 
 that deposits are received there or payments made on check, or any other form of 
 banking business transacted, nor shall any such person or persons, firm, company,
 
 Act 409, § 12a GENERAL, LAWS. 152 
 
 copartnership or corporation, domestic or foreign, make use of or circulate any letter- 
 heads, billheads, blank notes, blank receipts, certificates or circulars, or any written 
 or printed, or partly written and partly printed, paper, whatever, having thereon any 
 artificial or corporate name or other word or words indicating that such business is 
 the business of a bank, savings bank or trust company; nor shall any such person, 
 firm, company, copartnership or corporation, or any agent of a foreign corporation 
 not having an established place of business in this state, solicit or receive deposits 
 or transact business in the way or manner of a bank, savings bank or trust company, 
 or in such a way or manner as to lead the public to believe that its business is 
 that of a bank, savings bank or trust company. Nor shall any person, firm, company, 
 copartnership or corporation, domeetic or foreign, not subject to the supervision of 
 the superintendent of banks, and not required by the provisions of this act to report 
 to him, and which has not received from the superintendent of banks a certificate 
 to do a banking business, hereafter transact business under any name or title which 
 contains the word "bank," or "banker," or "banking," or "savings bank," or "sav- 
 ings" or "trust" or "trustee" or "trust company"; provided, that this section shall 
 not apply to the corporate name of any building and loan association now or heretofore 
 doing business in this state; and provided, further, that any such association having 
 in its corporate name words not clearly indicating the nature of its business shall, 
 on all signs, letterheads and advertising matter, state "This is a building and loan 
 association" or words to that effect; and provided, further, that any building and loan 
 association may borrow money, issue investment certificates or evidences of indebted- 
 ness, stating the rate of interest and terms and conditions of repayment, and do 
 such other business as may be authorized by the laws of the state relating to building 
 and loan associations; and provided, further, that no such association shall advertise 
 or hold itself out to the public as a savings bank. Any person, firm, company, copart- 
 nership or corporation, domestic or foreign, violating any provision of this section 
 shall forfeit to the state one hundred dollars a day for every day or part thereof 
 during which such violation continues. Upon action brought by the superintendent 
 of banks the court may issue an injunction restraining any such person, firm, com- 
 pany, copartnership or corporation from further using such words in violation of the 
 provisions of this section or from further transacting business in such a way or 
 manner as to lead the public to believe that its business is that of a bank, savings, 
 bank or trust company during the pendency of such action and for all time and may 
 make such other order or decree as equity and justice may require. [Amendment of 
 May 6, 1913. Stats. 1913, p. 141.] 
 
 This section was also amended December 24, 1911, Stats. 1911, Ex, Sess., p. 115. 
 
 Prerequisites to advertising as bank. Not applicable to building and loan associations. 
 
 ^ 12a. Every person, firm, company, copartnership or corporation, domestic or 
 foreign, advertising that he or it is receiving or accepting money or savings, and 
 issuing notes or certificates of deposit therefor or advertising that he or it is trans- 
 acting the business of a bank, savings bank or trust company, or making use of any 
 ofiice sign at the place where such business is transacted, having thereon any arti- 
 ficial or corporate name, or other words indicating that such place or office is the 
 place or office of a bank or trust company, or that deposits are received there or 
 payments made on check, or that interest is paid on deposits, or that certificates of 
 deposit, either with or without interest are being issued, or that any other form of 
 banking business is transacted, and every person, firm, company, copartnership or 
 corporation, domestic or foreign, making use of or circulating any letterheads, bill- 
 heads, blank notes, blank receipts, certificates or circulars, or any written or printed, 
 or partly written and partly printed, paper, wliatever, having thereon any artificial 
 or coi'porate name, or advertising that such business is the business of a bank, savings
 
 153 BANKS AIVD BAXKING. Act 409, §§ 12b, ll'c 
 
 bank or trust company, must have the proper capital stock paid in and set aside for 
 the purpose of transacting such business, and must have received from the superin- 
 tendent of banks, as provided for in this act, a certificate to do a banking business. 
 Any person, firm, company, copartnership or corporation, domestic or foreign, violating 
 any provision of this section shall forfeit to the state one hundred dollars a day for 
 every day or part thereof during which such violation continues. Upon action brought 
 by the superintendent of banks the court may issue an injunction restraining any 
 such person, firm, company, copartnership or corporation from further violating any 
 provision of this section, and may make such further order or decree as equity and 
 justice may require. Every person, firm, company, copartnership or corporation doing 
 any of the things or transacting any of the business defined in this section, must 
 transact such business according to the provisions of the bank act, and the superin- 
 tendent of banks or his deputy or examiners shall have authority to examine the 
 accounts, books and papers of every such person, firm, company, copartnership or 
 corporation, domestic or foreign, in order to ascertain whether such person, firm, 
 company, copartnership or corporation has violated or is violating any provisions of 
 this section; provided, that this section shall not apply to the corporate name of any 
 building and loan association now or heretofore doing business in this state; and 
 provided, further, that any such association having in its corporate name words not 
 clearly indicating the nature of its business shall, on all signs, letterheads and 
 advertising matter, state: "This is a building and loan association" or words to that 
 eifect; and provided, further than any building and loan association may borrow 
 money, issue investment certificates or evidences of indebtedness, stating the rate 
 of interest and terms and conditions of repayment, and do such other business as may 
 be authorized by the laws of the state relating to building and loan associations; and 
 provided, further, that no such association shall advertise or hold itself out to the 
 public as a savings bank. [Amendment approved May 6, 1913. Stats. 1913, p. 143.] 
 
 This section was added to tlie act April 21, 1911, Stats. 1911, p. 1008; and was also 
 amended December 24, 1911, Stats. 1911, Ex. Sess., p. 116. 
 
 Not applicable to life insurance companies. 
 
 $ 12b. Nothing in this act shall be construed or held to apply to any corporation 
 organized under the laws of any other state which is authorized by its charter or 
 articles of incorporation to transact the business of life insurance and also to be 
 known as and to transact business as a trust company and which shall have com- 
 plied with the laws of this state affecting the transaction in this state of the business 
 of life insurance by a foreign corporation and which shall have heretofore engaged in 
 such business of life insurance in this state, in such manner as to forbid or prevent 
 its making use of its corporate title in its life insurance business in this state in any 
 such way and to any such extent as it might have made use of the same if this act 
 had not been passed. [New section, approved May 6, 1913. Stats. 1913, p. 144.] 
 
 Foreign corporations may lend money in state. Representative. License. Fee. 
 
 ^ 12c. Any corporation organized under the laws of any country or state other than 
 this state which has complied with all of the laws of this state pertaining to foreign 
 corporations and is not engaged in the business of banking or receiving money on 
 deposit in this state may lend monej" or buy and sell bonds in this state and, for that 
 |)urpose, may maintain offices in this state, and sue and be sued in this state under its 
 ]>roi)er corporate name, notwithstanding any prohibitions contained in this act as to 
 the use of any words in the name, signs or advertising matter of corporations not 
 under the supervision of the superintendent of banks; provided, that nothing in this 
 act shall be construed to prohibit any representative of any foreign banking corjiora- 
 tion from maintaining an office in this state as the office of a representative and not the
 
 Act409, g§13-lS GEXERAL. LAWS. 154 
 
 place of business of a bank or trust company, nor to prohibit such representative from 
 making use of any office sign at the place where such representative's office is main- 
 tained having thereon words indicating that such office is the place of business of a 
 representative of a foreign bank or trust companj'; and provided, further, that any 
 representative of a foreign bank maintaining an office within this state may make use 
 of such foreign bank's letterheads, circulars and other printed matter in the trans- 
 action of business as such representative; and provided, further, every representative 
 of any foreign bank or trust company before opening an office as a representative shall 
 have received a license from the superintendent of banks to open such representative's 
 office. Such license may be issued upon application to the superintendent of banks and 
 the payment of an annual license fee of fifty dollars and may be refused or revoked by 
 the superintendent of banks at his discretion, [Amendment of May 17, 1917. In 
 effect July 27, 1917. Stats. 1917, p. 603.] 
 
 This section was added to the act May 6, 1913, Stats. 1913, p. 144. 
 
 Corporations forbidden to engage in banking. Express companies, etc., may transmit 
 
 money. 
 
 $ 13. No corporation, domestic or foreign, other than a corporation formed under 
 or subject to the banking laws of this state or of the United State, except as permitted 
 by such laws, or other than an express company as hereinafter defined in this section, 
 shall by any implication or construction be deemed to possess the power of carrying on 
 the business of discounting bills, notes or other evidences of debt, of receiving deposits, 
 of buying and selling bills of exchange, or of issuing bills, notes or other evidences of 
 debt for circulation as money, or of engaging in any other form of banking; nor shall 
 any such corporation, except an express company having contracts with railroad com- 
 panies for the operation of an express service upon the lines of such railroad com- 
 panies, or a transatlantic steamship company, or a transpacific steamship company, or 
 a telegraph company, or a telephone company, possess the power of receiving money 
 for transmission or of transmitting the same, by draft, traveler's cheek, money order 
 or otherwise. [Amendment of May 17, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 603.] 
 
 The origrinal section, dealing with unincorporated banks, was repealed May 6, 1913, Stats. 
 1913, p. 144. A new section of the same number was added June 3, 1915, Stats. 1915, p. 1105. 
 
 Advertising capital, resources, liabilities, etc. 
 
 § 14. No bank, or officer thereof, shall advertise in any manner, or publish any 
 statement of the capital authorized or subscribed, unless it or he advertise and publish 
 in connection therewith, the amount of capital actually paid up. No bank shall 
 publish a statement of its resources or liabilities in connection with those of any 
 other bank, unless such statement shall show the resources and liabilities of eacb 
 bank separately; nor shall surplus and undivided profits be advertised as an aggregate. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 144.] 
 
 Unclaimed deposits. Claimants to show cause. Publication of summons and notice. 
 
 Jurisdiction of court. 
 
 § 15. All amounts of money heretofore or hereafter deposited with any bank to the 
 credit of depositors who have not made a deposit on said account or withdrawn any 
 part thereof or the interest and which shall have remained unclaimed for more than 
 twenty years after the date of such deposit, or withdrawal of any part of principal or 
 interest, and where neither the depositor or any claimant has filed any notice wiih 
 such bank showing his or her present residence, shall, with the increase and proceeds 
 thereof, be deposited with the state treasurer after judgment in the manner provided 
 in the Code of Civil Procedure. At the time of issuing the summons in the action pro- 
 vided for in section 1273 of the Code of Civil Procedure, the clerk shall also issue a
 
 155 BANKS AND BANKING. Act 409, S 15 
 
 notice signed by him, giving the title and number of said action, and referring to the 
 complaint therein, and directed to all persons, other than those named as defendants 
 therein, claiming any interest in any deposit mentioned in said complaint, and requir- 
 ing them to appear within sixty days after the first publication of such summons, and 
 show cause, if any they have, why the moneys involved in said action should not be 
 deposited with the state treasurer as in said section provided, and notifying them that 
 if they do not so appear and show cause, the state will apply to the court for the relief 
 demanded in the comj^laint. A copy of said notice shall be attached to and published 
 with the copy of said sununons required to be published by said section, and at the 
 end of the copy of such notice so published there shall be a statement of the date of the 
 first publication of said summons and notice. Any person interested may appear in 
 said action and become a party thereto. Upon the completion of the publication of the 
 summons and notice, and the service of the summons on the defendant bank, or banks, 
 as in said section 1273 of the Code of Civil Procedure provided, the court shall have 
 full and complete jurisdiction over the state, and the said deposits and of the person 
 of every one having or claiming any interest in the said deposits, or any of them, and 
 shall have full and complete jurisdiction to hear and determine the issues therein, and 
 render the appropriate judgment thereon. 
 
 Statement concerning unclaimed deposits. Matters shown in statement. 
 
 The president or managing officer of ever,y bank must, within fifteen days after the 
 first day of January of every year, return to the superintendent of banks and to the 
 state controller a sworn statement showing the names of depositors known to be dead, 
 or who have not made further deposits, or withdrawn any moneys during the preceding 
 twenty years. Such statement shall show in detail the following matters, viz. : 
 
 First — The name and last known place of residence or post office address of the 
 person making such deposit; 
 
 Second — The amount and date of such deposit and whether the same are in moneys 
 or securities, and if the latter, the nature of the same; 
 
 Third — The interest due on such deposit, if any, and the amount thereof; 
 
 Fourth — The sum total of such deposit, together with the interest added thereto 
 due from such bank on account of such deposit or deposits and the interest thereon 
 to such depositor, but nothing contained herein shall require any corporation or person 
 renting lock boxes or safes in vaults for storage purposes to open or report concerning 
 property stored therein. Such reports itemized as aforesaid shall be signed by the 
 person making the same and shall be sworn to before a person competent to administer 
 oaths as a full, complete and truthful statement of each of the items therein contained. 
 
 Biennial statement of ten-year unclaimed deposits. Publication of statement. Penalty 
 
 for violation. Transferred deposits. 
 
 The president or managing officer of every bank must within fifteen days after the 
 first day of January of every odd numbered year, return to the superintendent of 
 banks a sworn statement showing the names of depositors known to be dead, or who 
 have not made further deposits, or withdrawn any moneys during the preceding ten 
 years. Such statements shall show the amount of the account, the depositor's last 
 known place of residence or post office address, and the fact of death, if known to 
 such president or managing officer. Such president or managing officer must give 
 notice of these deposits in one or more newspapers published in or nearest to the town 
 or city where such bank has its principal place of business, at least once a week for 
 four consecutive weeks, the cost of such publication to be paid pro rata out of such 
 unclaimed deposits. This section does not apply to any deposit made by or in the name 
 of a person known to the president or managing officer to be living. The superintendent 
 of banks must incoii^orate in his subsequent report such returns made to him as pro-
 
 Act 409, §§ ie-l9 GENERA 1. LAWS, 15« 
 
 vided in this section. If any president or managing officer of any bank neglects or 
 refuses to make the sworn statements required by this section such bank shall forfeit 
 to the state of California the sum of one hundred dollars a day for each day such 
 default shall continue. Any president or managing officer of any bank who violates any 
 of the provisions of this section shall forfeit to the state of California the sum of 
 one hundred dollars a day for each and every day such violation shall continue. For 
 the purposes of this section all deposits received by any bank under the provision of 
 section thirty-one or section thirty-one a of this act shall be deemed to have been 
 deposited with such bank at the time the deposit was made with the bank from which 
 the deposit was transferred; provided, that any bank which shall make any deposit 
 with the state treasurer in conformity with the provisions of this section shall not 
 thereafter be liable to any person for the same and any action which may be brought 
 by any person against any bank for moneys so deposited with the state treasurer shall 
 be defended by the attorney general without cost to such bank. [Amendment of 
 June 3, 1915. In effect August 8, 1915. Stats. 1915, p. 1106.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 145. 
 
 Bank deposits of married women and minors. Deposits in trust. Withdrawal of 
 deposits of deceased persons. Not over five hundred dollars. 
 § 16. [Repealed May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 623.] 
 
 This section was amended April 21, 1911, Stats. 1911, p. 1003; May 31, 1913, Stats. 1913, 
 p. 335; June 3, 1915, Stats. 1915, p. 1139. 
 
 Stockholders, list of to be accessible. 
 
 § 17. Everj' bank now in existence or hereafter organized shall keep in its offices, 
 in a place accessible to the stockholders, depositors, and creditors thereof, and for their 
 use, a book containing a list of stockholders in such corporation, and the number of 
 shares of stock held by each; and every such bank shall keep posted in its office, in a 
 conspicuous place, accessible to the public generally, a notice signed by the president 
 or secretary, showing: 
 
 1. The names of the directors of such bank. 
 
 2. The number and the par value of the shares of stock held by each director. 
 
 The entries on such book and such notice shall be made and posted within twenty- 
 four hours after any transfer of stock, and shall be prima facie evidence against each 
 director and stockholder of the number of shares of stock held by each. 
 
 Partnership, list of. 
 
 § 18. [Repealed May 6, 1913. Stats. 1913, p. 146.] 
 
 Capital and deposit liabilities. 
 
 § 19. The aggregate of paid-up capital together with the surplus, of every com- 
 mercial bank, must equal ten per centum of its deposit liabilities. The aggregate of 
 paid-up capital and surplus of every savings bank having a capital stock, and the 
 reserve fund of every savings bank without a caj^ital stock, must equal the following 
 percentages of its deposit liabilities: 
 
 (a) Ten per centum of any amount up to and including two million dollars. 
 
 (b) Seven and one-half per centum of any amount in excess of two million dollars 
 up to and including five million dollars. 
 
 (c) Five per centum of any amount in excess of five million dollars up to and 
 including fifteen million dollars. 
 
 (d) Two and one-half per centum of any amount in excess of fifteen million dollars 
 up to and including forty million dollars. 
 
 (o) One per centum of any amount in excess of forty million dollars.
 
 157 BA^KS AND BANKING. Act 409, § 20 
 
 The deposits shall not be increased if such proportion of paid-up capital and surplus 
 or reserve fund to deposit liabilities is not maintained, and in no event shall said 
 paid-up capital be less than the minimum paid-up capital provided by this act; pro- 
 vided, that such deposit liabilities shall be exclusive of United States and postal sav- 
 ings deposits and deposits of the state of California and of any county and munici- 
 pality in the state of California which are secured as required by law. [Amendment 
 of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 623.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 146. 
 
 Total reserves of commercial banks. 
 
 $ 20. Every commercial bank shall maintain total reserves against its aggregate 
 deposits, exclusive of United States and postal savings deposits and deposits of the 
 state of California and of any county and municipality in the state of California, 
 which are secured as required by law, as follows: 
 
 1. Eighteen per centum of such deposits if such bank has its principal place of 
 business in a city having a population of one hundred thousand or over. 
 
 2. Fifteen per centum of such deposits, if such bank is located in a city having a 
 population of fifty thousand or over and less than one hundred thousand. 
 
 3. Twelve per centum of such deposits if such bank is located elsewhere in the state. 
 
 How maintained. If member of federal reserve bank. Penalty for not maintaining 
 
 reserves. 
 
 At least one-half of the total reserves shall be maintained as reserves on hand and 
 shall consist of gold bullion or any form of money or currency authorized by the laws 
 of the United States, and the remainder of the total reserves required by the pro- 
 visions of this section shall be maintained as reserves on deposit or as reserves on 
 hand; such reserves on hand to consist of gold bullion or any form of money or cur- 
 rency authorized by the laws of the United States; provided, however, that all or any 
 part of the reserves may be deposited, subject to call, with a federal reserve bank in 
 the district in which such bank is located. 
 
 If any bank shall have become a member of a federal reserve bank, it shall comply 
 with the reserve requirements of the federal reserve act and its amendments, and its 
 compliance therewith shall be in lieu of, and shall relieve such bank from compliance 
 with, the provisions of this section. 
 
 If any bank shall not maintain the total reserves required the superintendent of 
 banks may impose a penalty upon it, based upon the length of time such encroachment 
 upon its total reserves amounting to one per centum or more of its aggregate deposits 
 shall continue, at the following rates: 
 
 1. At the rate of six per centum per annum upon any such encroachment not exceed- 
 ing two per centum of such deposits. 
 
 2. At the rate of eight per centum per annum upon any additional encroachment in 
 excess of two and not exceeding three per centum of such deposits. 
 
 3. At the rate of ten per centum per annum upon any additional encroachment in 
 excess of three and not exceeding four per centum of such deposits. 
 
 4. At the rate of twelve per centum per annum upon any additional encroachment in 
 excess of four per centum of such deposits. 
 
 Reserve depositaries. Required capital and surplus of depositary. 
 
 The superintendent of banks shall, in his discretion, upon the nomination of any 
 bank, designate a depositary or depositaries for the reserves on deposit of such bank 
 provided for l)y this act. Except as otherwise provided in this section, such depositary- 
 shall be a bank or national banking association located in this state. Every reserve 
 depositary, which has its principal place of business in a judicial township or in a city 
 located in this state in which the population is less than fifty thousand, shall have at
 
 Act 409, g 21 GENERAL. LAAVS. 15» 
 
 all times as its total reserves an amount equal to the total reserves required by the 
 provisions of this section for every bank which has its principal place of business in a 
 city having a population of fifty thousand or over and less than one hundred thousand. 
 But no bank or national banking association shall hereafter be designated as a deposi- 
 tary of any such reserves unless it shall have a combined capital and surplus of not 
 less than the following amounts : 
 
 1. Two hundred fifty thousand dollars, if located in a city which has a population 
 of three hundred thousand or over; 
 
 2. Two hundred thousand dollars, if located in a city which has a population of one 
 hundred thousand or over and less than three hundred thousand; 
 
 3. One hundred fifty thousand dollars, if located in a city which has a population of 
 fifty thousand or over and less than one hundred thousand ; 
 
 4. One hundred thousand dollars, if located elsewhere in the state. 
 
 Such depositary may also be a banking corporation with a capital and surplus of 
 one million dollars or more, located in any city in the United States. 
 
 Restoration of reserves. "Reserves on hand." "Reserves on deposit." "Total 
 
 reserves." "Reserve depositary." 
 
 If the total reserves of any bank shall be less than the amount required by this sec- 
 tion, such bank shall not increase its liabilities by making any new loans or discounts, 
 otherwise than by discounting bills of exchange on sight, or by paying any dividends 
 from profits until the full amount of its total reserves has been restored. The superin- 
 tendent of banks may notify any bank whose total reserves shall be below the amount 
 herein required, to restore such total reserves ; and, if it shall fail for thirty days there- 
 after to restore such total reserves, such bank shall be deemed insolvent and may be 
 proceeded against under the provisions of this act; provided, that all deposits of money 
 herein permitted or required shall comply with the provisions of section forty-throe 
 of this act. 
 
 The tei-m, "reserves on hand," when used in this act, means the reserves against 
 deposits kept, pursuant to the provisions of this act, in the vault of any bank or in any 
 safety deposit box in any other bank in this state, said box to be under the exclusive 
 control of the depositing bank. 
 
 The term, "reserves on deposit," when used in this act, means the reserves against 
 deposits maintained by any bank pursuant to this act in reserve depositai'ies, or in 
 a federal reserve bank in the district in which such bank is located and not in excess of 
 the amount authorized by this act. 
 
 The term, "total reserves," when used in this act, means the aggregate of reserves 
 on hand and reserves on deposit maintained pursuant to the provisions of this act. 
 
 The term, "reserve depositary," when used in this act, means a bank, trust com- 
 pany or banking corporation designated by the superintendent of banks on the nomina- 
 tion of the depositing bank as a depositary for reserves on deposit. [Amendment of 
 May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 623.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1909; December 18, 1911, 
 Stats. 1911, Ex. Sess. p. 2; May 6. 1913, Stats. 1913, p. 147; June 3, 1915, Stats. 1915, p. 1107; 
 May 17, 1917, Stats. 1917, p. 604. 
 
 Dividends. Surplus. Charging loss to surplus. Depositors' prior claim. 
 
 § 21. The directors of any bank having a capital stock may, at certain times, and 
 in such manner as its by-laws prescribe, declare and pay dividends to depositors and 
 stockholders of so much of the profits of the bank, and of the interest arising from 
 the capital, surplus and deposits, as may be appropriated for that purpose under its 
 by-laws or under its agreements with depositors, but every such bank shall, before 
 the declaration of any such dividend, carry at least one-tenth part of the net profits 
 of the stockholders for the preceding half year, or for such period as is covered by
 
 1S9 BANKS AND BANKING. Act 409, § 21a 
 
 the dividend, to its surplus, until such surplus shall amount to twenty-five per centum 
 of its paid-up capital stock. The whole or any part of such surplus, if held as the 
 exclusive property of the stockholders, may at any time be converted into paid in 
 capital, in which event such surplus shall be restored in the manner above provided 
 until it amounts to twenty-five per centum of the aggregate paid-up capital stock. 
 Subject to the provisions of section nineteen of this act, any losses sustained by any 
 such bank in excess of its undivided profits may be charged to and paid from its 
 surplus, in which event such surplus shall be restored in the manner above provided, 
 to the amount required by law; provided, however, that any bank which has invested 
 any portion of its surplus in its bank premises, furniture and fixtures, vaults, or safe 
 deposit vaults and boxes necessary or proper to carry on its banking business shall 
 not be permitted to charge any loss to that portion of its surplus so invested. A 
 larger surplus may be created and nothing herein contained shall be construed as 
 prohibitory thereof. The capital and assets of any such bank are a security to deposi- 
 tors and stockholders, depositors having the priority of security over stockholders. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 147.] 
 
 Preference to depositors. Terms and conditions on which "bank may borrow money. 
 
 § 21a. No bank, banker, or bank officer, shall give preference to any depositor or 
 creditor except as otherwise authorized by law; provided, that any commercial bank or 
 commercial department of a departmental bank, is authorized and empowered for tern- 
 porary purposes, to borrow money, or to borrow money and pledge or hypothecate as 
 collateral security therefor, its assets not exceeding fifty per centum in excess of the 
 amount borrowed, but only to the extent and upon terms and conditions as follows : 
 
 (1) Any amount up to, but not exceeding the amount of its capital and surplus, 
 without consent of the superintendent of banks; provided, however, that any amount 
 borrowed, except afe otherwise provided in this section, in excess of the amount of its 
 capital and surplus, at such time actually paid in and remaining undiminished by losses 
 or otherwise, must first be approved in writing bj'' the superintendent of banks; pro- 
 vided, also, that no excess loan made to any such bank shall be invalid or illegal as to 
 the lender, even though made without the consent of the superintendent of banks; pro- 
 vided, also, that the rediscounting with or without guarantee or endorsement with a 
 federal reserve bank, of notes, drafts, bills of exchange and loans secured by obligations 
 of the United States, is hereby authorized and shall not be limited by the terms of this 
 act. and shall not be considered as borrowed money within the meaning of this section. 
 
 (2) Any amount of California, state, county, city, city and county funds, or any 
 other public money, in the manner it is or may be authorized by law to borrow and 
 receive such public money on deposit without the approval of the superintendent of 
 banks. 
 
 (3) Any amount of the United States moneys and postal savings moneys of the 
 United States, and receive such moneys on deposit, and pledge or hypothecate such of 
 its securities and upon such terms as may be required by the laws of the United States 
 or the rules and regulations of the secretary of the treasury of the United States, with- 
 out the approval of the superintendent of banks. 
 
 (4) Any amount, in addition to the amounts authorized to be borrowed in this sec- 
 tion, for the purpose of buying from the United States, United States bonds, United 
 States treasury certificates, or notes or obligations of the United States. 
 
 (5) To rediscount with and sell to a federal reserve bank any and all such notes, 
 drafts, bills of exchange, acceptances and any other securities, with no other restrictions, 
 and as fully, and to the same extent as this privilege is given to national bank members 
 under the terms of the federal reserve act, or by regulations of the federal reserve 
 board made pursuant thereto. 
 
 (6) No bank shall make partial payments upon any certificate of deposit.
 
 Act 409, §§ 22, 23 GENEKALi LAWS. 160 
 
 (7) In no case shall an overdraft of more than ninety days' standing be allowed 
 as an asset of any bank. 
 
 (8) Any debt due to any commercial bank, on which interest is past due and unpaid 
 for the period of one year, unless the same is well secured, and is in process of collec- 
 tion, shall be considered a bad debt and shall be charged off to the profit and loss 
 account at the expiration of that time. [Amendment of May 15, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 626.] 
 
 This section was added to the act May 6, 1913, Stats. 1913, p. 148. 
 
 Commercial savings and trust combination. 
 
 § 22. Any corporation authorized by its articles of incorporation so to do, may com- 
 bine the business of a commercial bank and savings bank and trust company, or any one 
 or more or all of them; provided, that no corporation authorized to transact a trust 
 business and which is also organized to engage in the business of title insurance, 
 shall engage in or combine the business of a commercial bank or savings bank. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 149.] 
 
 Consent to do departmental business. Capital stock. 
 
 § 23. When a bank desires to do a departmental business, it shall first obtain the 
 consent of the superintendent of banks, and in its application therefor, file a state- 
 ment making a segregation of its capital and surplus for each department. Such 
 capital and surplus, when so apportioned and approved by the superintendent of 
 banks, shall be considered and treated as the separate capital and surplus of such 
 department as if each department was a separate bank. Thereafter a bank may, from 
 time to time, with the previous consent and approval of the superintendent of banks 
 and subject to the provisions of section nineteen of this act, change any segregation 
 and apportionment of capital and surjolus previously made and make a new segregation 
 and apportionment of its capital and surplus. Everj' bank hereafter organized doing 
 a departmental business shall have paid up, in cash, capital stock as follows: 
 
 Place of 5000 persons. 
 
 (a) In any locality in which the population does not exceed five thousand persons, 
 not less than twenty-five thousand dollars if it transacts both a commercial and savings 
 business, or not less than one hundred twenty-five thousand dollars, if it transacts both 
 a commercial and trust business, or not less than one hundred twenty-five thousand 
 dollars if it transacts both a savings and trust business, and not less than one hundred 
 twenty-five thousand dollars if it transacts a commercial, savings and trust business. 
 
 More than 5000 persons. 
 
 (b) In any city in which the population is more than five thousand persons, but does 
 not exceed twenty-five thousand persons, not less than fifty thousand dollars if it 
 transacts both a commercial and savings business, or not less than one hundred fifty 
 thousand dollars if it transacts both a commercial and trust business, or not less than 
 one hundred fifty thousand dollars if it transacts both a savings and trust business, and 
 not less than one hundred fift}' thousand dollars if it transacts a commercial, savings 
 and trust business. 
 
 More than 25,000 persons. 
 
 (c) In any city in which the population is more than twenty-five thousand persons 
 but does not exceed one hundred thousand persons, not less than one hundred thou- 
 sand dollars, if it transacts both a commercial and savings business, or not less than 
 two hundred thousand dollars if it transacts both a commercial and trust business, or 
 not less than two hundi'ed thousand dollars if it transacts both a savings and trust 
 business, and not less than two hundred thousand dollars if it transacts a commercial, 
 savings and trust business.
 
 161 BANKS AND BANKIXG. Act 409, 8§ 24, 25 
 
 More than 100,000 persons. 
 
 (d) In any city in which the population is more than one hundred thousand persons 
 but does not exceed two hundred thousand persons, not less than two hundred thou- 
 sand dollars, if it transacts both a commercial and savings business, or not less than 
 four hundred thousand dollars if it transacts both a commercial and trust business, 
 or not less than four hundred thousand dollars if it transacts both a savings and trust 
 business, and not less than four hundred thousand dollars if it transacts a commercial, 
 savings and trust business. 
 
 More than 200,000 persons. 
 
 (e) In any city in which the population exceeds two hundred thousand persons, not 
 less than three hundred thousand dollars if it transacts both a commercial and savings 
 business, or not less than five hundred thousand dollars if it transacts both a commer- 
 cial and trust business, or not less than five hundred thousand dollars if it transacts 
 both a savings and a trust business, and not less than five hundred thousand dollars 
 if it transacts a commercial, savings and trust business. 
 
 Not applicahle to existing hanks. May not decrease capital. Census. 
 
 The foregoing classification shall not apply to any bank already in existence which 
 has received from the superintendent of banks a certificate to do a banking business; 
 nor to any bank the location of which shall have been included by annexation or 
 consolidation within the limits of a city of a class requiring a larger capitalization, 
 but no bank thus excepted shall be permitted to establish any new branch office as 
 provided in section nine of this act or to remove its place of business from the original 
 limits of the city or township wherein it was located prior to such annexation or consoli- 
 dation until it shall have the capital required of banks in such city not within said 
 exception. Such excepted banks may not in any case decrease their capital stock but 
 may increase the same in the manner provided by law to an amount either greater or 
 less than that required of banks in such city not within said exception. The capital 
 stock referred to herein shall be increased from time to time and to the same extent 
 as provided for in section nineteen of this act. For the purposes of this act, the 
 population shown and determined by the last preceding federal census, or any subse- 
 quent census compiled and certified under any law of this state, shall be deemed to be 
 the population of any city in which any such bank is to be organized. If the principal 
 place of business of any bank so organized is located outside of the corporate limits 
 of any city, then the population of that portion of the judicial township in which said 
 bank is to have its principal place of business, which is not included within the 
 boundaries of any municipal corporation, as such population is shown and determined 
 by such federal or subsequent official census, shall be the basis for classification under 
 the provisions of this act. [Amendment approved May 6, 1913. Stats. 1913, p. 149.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1010. 
 
 Opening new department. Fee. 
 
 § 24. Every bank, before it commences to do business or before it opens a new 
 department and commences to transact business in or under such new department, 
 shall obtain the certificate of the superintendent of banks for the opening of each of 
 the departments specified. Each certificate herein provided for shall be given when 
 the superintendent shall, bj' the examination required by this act, have satisfied him- 
 self that the proper amount of cash has been paid in as capital and the provisions of 
 this act complied with. The applicant shall pay for the certificate for each depart- 
 ment a fee of fifty dollars. [Amendment approved May 6, 1913. Stats. 1913, p. 150.] 
 
 Total reserves for each department. Transactions between departments. 
 
 $ 25. Every bank shall maintain for each department total reserves equal in amount 
 to that required by this act for the respective business conducted, and shall kee^j 
 
 Gen Laws — 11
 
 let 409, §§ 26-29 GENEIRAL LAWS. 162 
 
 separate and distinct the total reserves of any department from that of any other 
 department; and all deposits made with other banks, whether temporary or otherwise, 
 shall be assets of the respective departments by which they were made, and shall be so 
 carried on the books of such other banks, and shall be repaid only upon the order of the 
 department to whose credit they stand. No department shall receive deposits from anj' 
 other department of the same corporation; except that a trust department, in proper 
 eases, may make deposits of trust or any other funds under its control with the savings 
 department of the same corporation and may, upon order, previously obtained, of any 
 court having jurisdiction of any trust or fund, make deposits of moneys belonging 
 thereto with the commercial department of the same corporation; provided, however, 
 that any bank having departments shall have the right to sell and transfer any bonds, 
 securities or loans from one department to another upon receipt of the actual value 
 thereof, if such bonds, securities or loans are, under the provisions of this act, a legal 
 investment for the department purchasing the same. [Amendment of June 3, 1915. 
 In effect August 8, 1915. Stats. 1915, p. 1109.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 151. 
 
 Books of account to be kept separate. 
 
 § 26. Every bank having different departments shall keep separate books of account 
 for each department of its business, and shall be governed as to all deposits, reserves, 
 investments and transactions relating to each department by the provisions in this act 
 specifically provided for the respective kind of business. 
 
 It shall keep all investments relating to the savings department entirely separate and 
 apart from the investments of its other department or departments. 
 
 Every bank shall conduct the business of all its departments in one building, or in 
 adjoining buildings, and shall keep entirely separate and apart in each department the 
 cash, securities and property belonging to such department, and shall not mingle the 
 cash, securities and propertj'^ of one department with that of another. 
 
 Assets to repay department depositors. 
 
 § 27. All money and assets belonging to each department, whether on hand or with 
 other banks, and the investments made, shall be held solely for the repayment of the 
 depositors and other claimants of each such department, as herein provided, until all 
 depositors and other claimants of each such department shall have been paid, and the 
 overplus then remaining shall be api^lied to any other liabilities of such bank. [Amend- 
 ment approved May 6, 1913. Stats. 1913, p. 151.] 
 
 Signs must show kind of bank. "Branch." 
 
 § 28. Every bank in this state must, on all its window signs and in advertising, and 
 on letterheads and other stationery on which its business is transacted, use the word 
 "savings" if it conducts a savings business, or the word "trust" if it conducts a trust 
 business, and the word "commercial" if it conducts a commercial business. Every 
 bank, which maintains a branch office, must on all window signs and in advertising, and 
 on letterheads and other stationery on which the business of said branch office is trans- 
 acted, use in letters and type, equal in prominence to that used in its corporate name, 
 the word "branch" and the name of the place where its principal business is located. 
 [Amendment of May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 606.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 151; June 3, 1915, Stats. 1915, 
 p. 1110. 
 
 Non-stock corporations heretofore created. 
 
 § 29. Every corporation heretofore created under the laws of this state, doing a 
 banking business therein, and which has no capital stock, may elect to have a capital 
 stock, and may issue certificates of stock therefor, in the same manner as corporations
 
 163 BANKS AND BANKING. Act 409, §§ 30, 31 
 
 formed under the provisions of part IV, title I, chapter I, article I, of the Civil Code, 
 relating to the formation of corporations; provided, that no such corporation shall 
 use or convert any moneys or funds theretofore belonging to it, or under its control, 
 into capital stock; but such funds or moneys must be held and managed only for the 
 purposes and in the manner for which they were created. Before such change is 
 made, a majority of the members of such corporation present at a meeting called for 
 the purpose of considering the proposition whether it is best to have a cajDital stock, 
 its amount, and the number of shares into which it shall be divided, must vote in favor 
 of having a capital stock, fix the amount thereof, and the number of shares into 
 which it shall be divided. Notice of the time and the place of holding such meeting, 
 and its object, must be given by the president of such corporation by mailing notice 
 of such meeting to each member of such corporation at his last known post office 
 address at least ten days prior to the day fixed for such meeting, and by publication 
 in some newspaper printed and published in the county, or city and county, in which 
 the principal place of business of the corporation is situated, at least once a week for 
 three consecutive weeks prior to the holding of the meeting. A copy of the proceed- 
 ings of this meeting, giving the number of persons present, the votes taken, the notice 
 calling the meeting, the proof of its publication, the amount of capital actually sub- 
 scribed and bj' whom, all duly certified by the president and secretary of the coi-pora- 
 tion, must be filed in the office of the secretary of state and clerk of the county where 
 the articles of incorporation are filed. Thereafter such corporation is possessed of all 
 the rights and powers and is subject to all the obligations, restrictions and limitations, 
 as if it had been originally created with a capital stock. 
 
 Safe deposits. 
 
 § 30. Any bank may conduct a safe-deposit department, but shall not invest more 
 than one-tenth of its capital and surplus in such safe-deposit department. 
 
 Sale of business. Conditions of sale stated. Rights of creditors. Publication of notice. 
 
 $ 31. Any bank may sell the whole of its business or the whole of the business of 
 any of its departments to any other bank which may purchase such business after 
 obtaining the consent of the stockholders of the selling and of the purchasing banks 
 holding of record at least two-thirds of the issued capital stock of each of such cor- 
 porations; such consent to be expressed either in writing executed and acknowledged 
 by such stockholders and attached to the instrument of sale, or to a copy thereof, or 
 by vote at a stockholders' meeting of each of such banks called for that purpose. The 
 selling and purchasing banks must for such purposes enter into an agreement of 
 sale and purchase, which agreement shall contain all the terms and conditions con- 
 nected with such sale and purchase. Such agreement shall contain proper provision 
 for the payment of liabilities of the selling bank or of the department sold, and in 
 this particular shall be subject to the approval of the superintendent of banks; and 
 shall not be valid until such approval is obtained. Such agreement may contain pro- 
 visions for the transfer of all deposits to the purchasing bank, subject, however, to 
 the right of every depositor of the selling bank to withdraw his deposit in full amount 
 on demand after such transfer, irrespective of the terms under which it was deposited 
 with the selling bank. The rights of creditors of the selling bank shall not in any 
 manner be impaired by any such sale, nor shall any liability or obligation for the 
 payment of any money due or to become due, or any claim or demand, in any manner, 
 or for any cause existing against such selling bank or against any stockholder thereof, 
 be in any manner released or impaired, and all the rights, obligations and relations 
 of all the parties, creditors, depositors, trustees and beneficiaries of trusts shall remain 
 unimpaired by the sale, but such bank to which the other shall sell all its business or all 
 the business of any of its departments, shall succeed to all such relations, obligations,
 
 Act 409, § 31a GENERAL LAWS. 164 
 
 trusts and liabilities and be held liable to pay and discharge all such debts and liabilities 
 and to perform all such trusts of the selling bank in the same manner as if such bank 
 to which the other had sold had itself incurred the obligation or liability or assumed the 
 relation of trust, and the stockholders of the respective corporations so entering into 
 such agreement shall continue subject to all the liabilities, claims and demands existing 
 against them as such at or before such sale. Immediately after the execution of such 
 agreement of sale and purchase notice thereof shall be published for at least four 
 successive weeks in a newspaper in each of the counties of the state in which either of 
 such banks shall have its principal place of business; provided, however, that no action 
 can be brought against such selling bank or any of its stockholders on account of any 
 dejjosits so transferred after the expiration of one year from the last day of publication 
 herein required. An affidavit showing such publication shall be filed in the office of the 
 superintendent of banks within ten days after the last publication thereof. The affairs 
 of such selling l^nk, or selling department of a bank, shall remain subject to the provi- 
 sions of this act. [Amendment approved May 6, 1913. Stats. 1913, p. 151.] 
 
 Consolidation of banks. Ratification by stockholders. Notice. Publication. Articles 
 of incorporation and consolidation. 
 
 $ 31a. Any bank incorporated under the laws of this state may consolidate with one 
 or more banks incorjDorated under the laws of this state, its capital stock, properties, 
 trusts, claims, demands, contracts, agreements, obligations, debts, liabilities and assets 
 of every kind and description, upon such terms and in such manner as may be agreed 
 upon by their respective boards of directors, a copy of which agreement must be filed 
 in the office of the superintendent of banks; provided, that such agreement shall be 
 subject to the approval of the superintendent of banks and shall not be valid until such 
 approval be obtained; provided, further, that no such consolidation shall take effect 
 until such agreement shall have been ratified and confirmed in writing by the stock- 
 holders of the respective banks holding of record at least two-thirds of the issued 
 capital stock of their respective banks, or such agreement may be submitted to the 
 stockholders of each of such corporations at a meeting thereof to be called upon notice 
 specifying the time, place and object thereof, addressed to each stockholder at his 
 last known post-office address and deposited in the post-office, postage prepaid, at least 
 two weeks prior to the date fixed for said meeting, and published for at least two 
 successive weeks, prior to the date of said meeting, in a newspaper in each of the 
 counties of the state in which any of such banks shall have its principal place of busi- 
 ness, and if such agreement shall be approved at each of such meetings of the respective 
 stockholders separately by the vote or ballot of the stockholders owning at least two- 
 thirds of the stock of each such bank, the same shall be the agreement of such banks. 
 In case of such consolidation "articles of incorporation and consolidation" must be 
 prepared, setting forth: 
 
 First — The name of the new corporation; 
 
 Second — The purpose for which it is formed; 
 
 Third — The place where its principal business is to be transacted; 
 
 Fourth — The term for which it is to exist, which shall not exceed fifty years; 
 
 Fifth — The number of its directors (which shall not be less than three) and the 
 names and residences of the persons appointed to act as such until their successors 
 are elected and qualified; 
 
 Sixth — The amount of its capital stock and the number of shares into which it is 
 divided ; 
 
 Seventh — The amount of stock actually subscribed, and by whom; 
 
 Eio-hth — The names of the constituent corporations. 
 
 I
 
 105 BANKS AXD BANKING. Act 409, § 31a 
 
 By whom signed. Articles filed with county clerk. With secretary of state. Certifi- 
 cate of authorization. Obligations not impaired. Right to increase stock. 
 
 Said articles of incorporation and consolidation must be signed and countersigned 
 by the president and secretary of each constituent corporation and sealed with their 
 corporate seals. There must be annexed thereto the approval of the superintendent 
 of banks and memoranda of the ratification and confinnation thereof by the stock- 
 holders of each constituent corporation, which must be respectively signed and acknowl- 
 edged by stockholders representing at least two-thirds of the capital stock of their 
 respective corporations. When completed as aforesaid said articles must be filed in 
 the office of the county clerk of the county in which is located the principal place of 
 business of the new corporation, and a copy of the articles of incorporation and con- 
 solidation certified by such county clerk must be filed in the office of the secretary of 
 state, who niust issue, over the great seal of the state, a certificate that a copy of the 
 articles of incorporation and consolidation containing the required statement of facts 
 has been filed in his office. The secretary of state must file in his office a duplicate of 
 the certificate hereinbefore provided for and copies thereof, duly certified by the secre- 
 tary of state, shall have the same force and effect in evidence as the original. A copy 
 of the articles of incorporation and consolidation, certified by said secretary of state, 
 must be filed in the office of the superintendent of banks, and also in the office of the 
 county clerk of any county in which were filed the original articles of incorporation of 
 either of the constituent corporations. When the superintendent of banks issues the 
 certificate of authorization provided for by section one hundred twenty-eight of this 
 act the new or consolidated corporation shall be a body politic and corjDorate by the 
 name stated in the certificate, and for the term of fifty years, unless it is, in the articles 
 of incorporation and consolidation, otherwise stated and thereupon each constituent 
 corporation named in the articles of incorporation and consolidation must be deemed 
 and held to have become extinct in all courts and places, and said new corjooration must 
 be deemed and held in all courts and places to have succeeded to all their several 
 capital stocks, properties, trusts, claims, demands, contracts, agreements, assets, choses 
 and rights in action of every kind and description, both at law and in equity, and to be 
 entitled to possess, enjoy, and enforce the same and every [part] thereof, as fully and 
 completely as either and every of its constituents might have done had no consolidation 
 taken place. Said consolidated or new corporation must also, in all courts and places, 
 be deemed and held to have become subrogated to its several constituents and each 
 thereof, in respect to all their contracts and agreemnts with other parties, and all their 
 debts, obligations, and liabilities, of every kind and nature, to any persons, corporations, 
 or bodies politic, whomsoever, or whatsoever, and said new corporation must sue and 
 be sued in its own name in any and every case in which any or either of its constituents 
 might have sued or might have been sued at law or in equity had no such consolidation 
 been made. Nothing in this section contained shall be construed to impair the obliga- 
 tion of any contract to which any of such constituents were parties at the date of such 
 consolidation. All such contracts may be enforced by action or suit, as the case may be, 
 against the consolidated corporation, and satisfaction obtained out of the property 
 which, at the date of the consolidation, belonged to the constituent which was a party 
 to the contract in action or suit, as well as out of any other property belonging to the 
 consolidated corporation, and the stockholders of each constituent corporation so enter- 
 ing into such agreement shall continue subject to all the liabilities, claims and demands 
 existing against them at or before such consolidation to the same extent as if the same 
 had not been made. The right of said new corporation to increase or decrease its 
 capital stock, to change the number of its directors, to amend its articles of incorpo- 
 ration, to change its principal place of business, or its name, or to effect any other 
 organic change shall be governed by the general corporation laws of this state and b}'
 
 Act 409, §§ 32-37 GENERAL LAWS. 166 
 
 the bank act, and the procedure to effect any such change shall be that defined by 4he 
 general corporation laws and the bank act. 
 
 The superintendent of banks shall transmit to the secretary of state a duplicate of 
 the certificate of authorization hereinbefore referred to and the secretary of state shall 
 file the same in his office. The superintendent of banks shall also file a duplicate of 
 such certificate in his own office. [Amendment of May 17, 1917, In effect July 27, 
 1917. Stats. 1917, p. 606.] 
 
 This section was added to tlie act May 6, 1913, Stats. 1913, p. 152. 
 
 Trust funds. 
 
 ^ 32. Any bank recei\'ing trust funds in accordance with the provisions of this act 
 relating to trust companies must not mingle such trust funds with the other assets of 
 the corporation, except as otherwise provided in section twenty-five of this act, and 
 such funds shall not be carried or counted as any part of the total reserves provided 
 for in this act. The officers of any bank who knowingly violate or consent to the viola- 
 tion of this provision shall be guilty of a felony. [Amendment of June 3, 1915. In 
 effect August 8, 1915. Stats. 1915, p. 1110.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 155. 
 
 Officer may not borrow bank fuhds. 
 
 § 33. [Amended April 21, 1911. Stats 1911, p. 1011. Repealed May 6, 1913. Stats. 
 1913, p. 155.] 
 
 Not to invest in own stock. Penalty. 
 
 § 34. No bank shall purchase or invest its capital or surplus or money of its deposi- 
 tors, or any part of either, in shares of its own capital stock; nor loan its capital or 
 surplus or the money of its depositors, or any part of either, on shares of its own capital 
 stock, unless such purchase or loan shall be necessary to prevent loss to such bank on 
 debts previously contracted in good faith. Every person or corporation violating 
 any provision of this section shall forfeit to the people of the state twice the nominal 
 amount of such stock. [Amendment approved May 6, 1913. Stats. 1913, p. 155.] 
 
 Consent to purchase certain contracts. 
 
 § 35. No bank shall purchase any contract arising from the sale of real estate or 
 any note or bond in which contract, or note, or bond any director, officer, employee, or 
 controlling stockholder of such bank is personally or financially interested, directly or 
 indirectly, for his own account, for himself, or as the partner or agent of others, with- 
 out the previous consent in writing of the superintendent of banks. [Amendment of 
 May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 609.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1011; May 6, 1913, Stats. 1913 
 p. 155. 
 
 Purchase of bond issue by commercial banks. 
 
 § 36. No commercial bank receiving deposits of money shall purchase or agree to 
 purchase any bond issue in excess of five per centum of its assets, except bonds of the 
 United States, of the state of California, of the counties, cities and counties, cities or 
 school districts of this state, or bonds of any irrigation district such as are legal for 
 investment by savings banks. [Amendment of June 3, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1110.] 
 
 See, post, § 46. 
 
 Investment in capital stock of corporations. 
 
 § 37. No bank shall, except as otherwise provided in this act, purchase or invest 
 its capital or surplus or jnoney of its depositors, or any part of either, in the capital 
 stock of any corporation unless the purchase or acquisition of such ca^^ital stock shall
 
 167 BANKS AND BANKING. Act 400, §§ 38, 39 
 
 be necessary to prevent loss to the bank on an obligation owned or on a debt previously 
 contracted in good faith. Any capital stock so purchased or acquired shall be sold 
 by such bank within six months thereafter if it can be sold for the amount of the claim 
 of such bank against it ; and all capital stock thus purchased or acquired must be sold 
 for the best price obtainable by said bank within three j^ears after such purchase or 
 acquisition unless the superintendent of banks shall extend the time of its sale for a 
 period not to exceed two years. 
 
 Stock of trust company. 
 
 Any ])ank, with the pre^dous written consent of the superintendent of banks, may 
 purchase or otherwise acquire and hold the whole or any part of the capital stock of 
 not more than one trust company organized and existing under the laws of this state, 
 and doing business in the same city in which the principal place of business of such 
 bank is located; provided, however, that not more than an amount equal to twenty-five 
 per centum of the capital and surplus of any such bank may be at any one time invested 
 in the capital stock of such trust company or such other corporation; and provided, 
 further, that no such trust company shall engage in or combine the business of a com- 
 mercial bank or a savings bank or a title insurance company. 
 
 Stock of safe deposit corporation. 
 
 Any bank, with the previous written consent of the superintendent of banks, may 
 purchase or otherwise acquire and hold, the whole or any part of the capital stock of 
 not more than one corporation authorized and empowered to conduct a safe deposit 
 business, which such corporation is organized and existing under the laws of this state 
 and doing business in the same city in which the principal place of business of such 
 bank is located; provided, however, that not more than an amount equal to ten per 
 centum of the capital and surplus of any such bank may be at any one time invested in 
 the capital stock of such safe deposit corporation. [Amendment of May 15, 1919. In 
 effect July 22, 1919. Stats. 1919, p. 627.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 155. 
 
 Penal liabilities of directors and employees. 
 
 $ 38. A director, officer, agent or employee of any bank who, 
 
 First — Knowingly receives or possesses himself of any of its property otherwise than 
 in payment for a just demand, and with intent to defraud, omits to make or to cause or 
 direct to be made a full and true entry thereof in its books and accounts; or, 
 
 Second — Concurs in omitting to make any material entry thereof; or. 
 
 Third — Knowingly concurs in making or publishing any written report, exhibit or 
 statement of its affairs or pecuniary condition containing any material statement which 
 is false; or. 
 
 Fourth — Having the custody or control of its books, willfully refuses or neglects to 
 make any proper entry in the books of such corporation as required by law, or to 
 exhibit or allow the same to be inspected and extracts to be taken therefrom by the 
 su})erintendent of banks, his chief deputy or any of his examiners, shall be guilty of 
 a felony. 
 
 Officer may not overdraw account. 
 
 § 39. Any officer, director, agent, teller, clerk or employee of any bank who either, 
 First — Knowingly overdraws his account with such bank, and thereby obtains the 
 money, notes or funds of any such bank; or, 
 
 Second — Asks or receives or consents or agrees to receive any commission, emolu- 
 ment, gratuity or reward, or any money, property or thing of value, for his own per- 
 sonal benefit, or of personal advantage, for procuring or endeavoring to procure for 
 iiny person, firm or corporation any loan from, or the purchase or discount of anv
 
 Act 409, g§ -10-45 GENERAL LAWS. 168 
 
 paper, note, draft, check or bill of exchange, bj' such bank, or for permitting any 
 person, firm or corporation to overdraw any account with such bank, is guilty of a 
 felony. [Amendment approved April 21, 1911. Stats. 1911, p. 1011.] 
 
 Stockholders' liability, waiver of. 
 
 f) 40. No bank mentioned in this act shall make any contract with any of its deposi- 
 tors whereby the stockholders' liability provided for by the constitution of this state is 
 in any manner waived, and if any such contract shall be so made, such contract shall be 
 void. 
 
 Consent for officer to purchase assets at discount. 
 
 ^ 41. No officer, director, agent, or other employee of any bank shall directly or 
 indirectly, for his own personal benefit, purchase, or be interested in the purchase of any 
 of such bank's obligations or assets for a less sum than shall appear upon the face of 
 any such obligations or assets to be the value thereof except with the previous consent 
 of all the directors of said bank, such consent to be evidenced by a resolution adopted 
 by said directors. A certified copy of said resolution shall immediately be transmitted 
 to the superintendent of banks. Every person violating any provision of this section, 
 shall for each offense forfeit to the people of the state, twice the face value of any 
 such obligations or assets so purchased. [Amendment of May 17, 1917. In effect 
 July 27, 1917. Stats. 1917, p. 609.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 156, 
 
 Officer not to purchase assets at discount. 
 
 § 42. No officer, director, agent or other employee of any bank, shall directly or 
 indirectly, for his own personal benefit, purchase, or be interested in the purchase of 
 any of the assets of said bank for a less sum than the current market value thereof. 
 Every person violating any provision of this section, shall for each offense, forfeit to 
 the people of the state, twice the nominal amount of any such assets so jjurchased. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 156.] 
 
 Deposit of funds in another bank. 
 
 $ 43. No bank shall deposit any of its funds in any other bank, except a federal 
 reserve bank, unless such other bank has been nominated as a depositary for its funds 
 by the vote of a majority of the directors or trustees of the bank making the deposit, 
 and such other bank has been designated by the superintendent of banks as such 
 depositary. 
 
 The superintendent of banks may in his discretion revoke such a designation. 
 [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 627.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1012; May 6, 1913, Stats. 1913, 
 p. 156; May 17, 1917, Stats. 1917, p. 609. 
 
 Loan on stock of another bank. 
 
 § 44. No bank shall hereafter make a loan secured by the stock of another bank, 
 if by making such loan the total stock of such other bank held by such loaning bank 
 as collateral will exceed in the aggregate twenty-five per centum of the capital stock 
 of such other bank; provided, that no loan upon the capital stock of any bank shall 
 be made unless such bank has been in existence at least two years and has earned and 
 paid a dividend upon its capital stock; and provided, further, that no bank may loan 
 more than five per centum of its assets upon the capital stock of any corporation 
 whatsoever as collateral security. [Amendment approved May 6, 1913. Stats. 1913, 
 p. 156.] 
 
 Interest unpaid. 
 
 $ 45. Interest unpaid, although due or accrued, on debts owing to any bank, shall 
 not be included in calculation of its profits previous to a dividend ; nor shall any bank,
 
 ICa BANKS AND BANKING. Act 409, §§ 46-48a 
 
 except with the previous written consent of the superintendent of banks, enter or at any 
 time carry on its books any of its assets at a valuation exceeding its actual cost to such 
 bank. [Amendment of May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 609.] 
 
 Investment in one bond issue. 
 
 $ 46. No commercial bank shall invest or loan more than five per centum of its 
 assets in any one bond issue, except bonds of the United States, of the state of Cali- 
 fornia, of the counties, cities and counties, cities or school districts of this state, or 
 bonds of any irrigation district such as are legal for investment by savings banks. 
 [Amendment of June 3, 1915. In effect August 8, 1915. Stats. 1915, p. 1111.] 
 
 See, ante, § 36. 
 
 Loans on real estate. 
 
 $ 47. No commercial bank shall, except for the purpose of facilitating thfe sale of 
 property owned by the bank, make any loan on the security of real estate, unless it is 
 a first lien and is either 
 
 (1) Made for a period of time not exceeding six months and upon security worth at 
 least fifteen per centum more than the amount loaned; or 
 
 (2) Made for a period of time exceeding six months and not exceeding ten years 
 and does not exceed sixty per centum of the market value of the real estate taken as 
 security. 
 
 No commercial bank shall loan in the aggregate more than thirty-five per centum 
 of its assets on real estate loans of the character specified in subdivision two of this 
 section. These provisions, however, shall not prevent any bank from taking another 
 and immediately subsequent mortgage or deed of trust thereon when it already holds 
 a first mortgage or deed of trust on such real estate, nor from accepting a second lien 
 on real estate to secure the repayment of a debt previously contracted in good faith; 
 nor shall it prevent subsequent liens of any kind from being taken to secure the pay- 
 ment of a debt previously contracted in good faith when, in the judgment of the direc- 
 tors of such bank, such subsequent liens are necessary further to secure the payment 
 of any debts and save such bank from loss. [Amendment of June 3, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 1111.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 156, 
 
 National banks must permit examination. 
 
 § 48. Any national bank, in this state, other than a federal reserve bank, receiving 
 the deposits of any bank organized and conducting business under this act, must, at 
 the request of the superintendent of banks, submit to an examination by him, or his 
 duly appointed examiners, should the superintendent of banks in his discretion deem 
 it necessary or desirable that such examination be made; and the expense of such exam- 
 ination shall be paid by such depositary bank; and if any such bank shall refuse to 
 permit such examination to be made by, or under the direction of, the superintendent 
 of banks, then the superintendent of banks shall notify in writing every bank depositing 
 its funds with such bank, to withdraw its deposits therefrom, and all such banks shall 
 comply with such order, [Amendment of June 3, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1112.] 
 
 Tills section was also amended May 6, 1913, Stats. 1913, p.. 157. 
 
 National banking association under federal reserve act. Charge by state banking 
 
 department for services- 
 
 $ 48a. Any national banking association, whose principal place of business is in 
 this state, is hereby authorized to act in fiduciary capacities in all respects as provided 
 by the acts of congress, approved December 23, 1913, and amendments thereof, com- 
 monly known as the federal reserve act, and all acts herein provided to be performed
 
 Aci iOO, §§ 49-51 GENERAL LAWS. 170 
 
 by the state treasurer, the superintendent of banks or other public officials for or in 
 respect of trust companies, shall be performed for such national banking association 
 equally with trust companies. Every such national banking association which shall 
 be authorized to exercise said fiduciary powers, and which has qualified by making the 
 deposit of securities required by the law of this state, may act, or may be appointed 
 by any court to act in any such capacity in like manner as an individual. The super- 
 intendent of banks shall inspect and examine the books, records and assets of the trust 
 department of each national banking association which conducts a trust department in 
 this state to the same extent that the said superintendent of banks exercises visitorial 
 supervision over trust companies organized and existing under the laws of this state. 
 
 The charge by the state banking department for all services rendered to any national 
 banking association by the superintendent of banks, in accordance with the provisions 
 of this section, shall be paid by the national banking association requiring such services. 
 Such charge for services shall be determined by the superintendent of banks, and shall 
 be no higher than the charge for a similar service to trust companies organized under 
 the laws of this state. 
 
 The cost of all regular and ordinary service shall be calculated upon the amount of the 
 securities deposited by each such national bank with the treasurer of the state for the 
 due execution and faithful performance of its court and private trusts at the same 
 ratio as is applied to the capital and surplus of trust companies organized under the 
 laws of this state in determining the cost to them for such services. 
 
 The cost of all special and extraordinary services shall be the same as that provided 
 for in section one hundred twenty-four of this act. [New section added May 15, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 628.] 
 
 Commercial hanks may not advertise as savings hanks. 
 
 § 49. It shall not be lawful for any commercial bank, individual, trust company, 
 association, firm, stock company, copartnership or corporation, to advertise or put forth 
 a sign as a savings bank, or either directly or indirectlj'^ or in any way to solicit or 
 receive deposits or to transact business in the way or manner of a savings bank, or to 
 advertise that he or it is receiving or accepting savings, or in anj' way which might 
 lead the public to believe that such deposits are received or invested under the same 
 conditions or in the same manner as deposits in savings banks, except in the case of 
 savings banks or banks having savings departments, subject to the provisions of this 
 act. Any commercial bank, individual, trust company, association, firm, stock company, 
 copartnership or corporation, violating any provision of this section shall forfeit to 
 this state one hundred dollars a day for every day during which such violation con- 
 tinues. [Amendment of June 3, 1915. In effect August 8, 1915. Stats. 1915, p. 1112.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1012; May 6, 1913, Stats. 1913, 
 p. 157. 
 
 Posting certificate. 
 
 § 50. Every bank shall post in a conspicuous place in its banking room or branch 
 office the last certificate obtained from the superintendent of banks under the provisions 
 of either section nine or one hundred twenty-seven of this act. [Amendment approved 
 May 6, 1913. Stats. 1913, p. 158.] 
 
 Deposits hy order of court. 
 
 ft 51. Any court having appointed and having jurisdiction of any executor, adminis- 
 trator, guardian, assignee, receiver, depositary or trustee, upon the application of such 
 executor, administrator, guardian, assignee, receiver, depositary or trustee, or upon 
 the application of any person having an interest in the estate administered upon by 
 such officer or trustee, after notice to other parties in interest as the court may direct, 
 and after a hearing upon such application, may authorize such officer or trustee to
 
 171 BANKS AND BANKING. Act 400, g§ 52-54 
 
 deposit any money then in his hands as such officer or trustee or which may there- 
 after come into his hands, and until the further order of the court, in any bank organ- 
 ized under the laws of the state of California; and upon such deposit being made, the 
 officer or trustee so depositing the same shall thereafter and while such moneys remain 
 on deposit in such bank, be relieved and discharged from all liability and responsibility 
 therefor, and the bond required of such officer or trustee given upon his appointment 
 shall be thereupon by said court reduced to such an amount as the court may deem 
 reasonable; such deposit shall be repaid only upon the orders of said court, and shall 
 be a preferred claim against such bank and be paid in full before any other depositor 
 of such bank shall have been paid. 
 
 Certified checks, 
 
 $ 52. Whenever a check drawn on any bank is certified by any officer or employee 
 of such bank, the amount thereof shall be immediately charged against the account 
 of the person, firm or corporation drawing the same. It shall be unlawful for any 
 officer or employee of any bank to certify any check drawn upon such bank unless 
 the person, firm or corporation drawing the check has on deposit with the bank at the 
 time such check is certified, an amount of money subject to the payment of such check, 
 equal to the amount specified in such check. Any officer or employee of any bank who 
 shall willfully violate the provisions of this section, or shall resort to any device, or 
 receive any fictitious obligations, directly or indirectly, in order to evade the provisions 
 hereof, or who shall certify checks before the amount thereof shall have been regularlj^ 
 entered to the credit of the drawer, shall be guilty of a felony. [New section approved 
 April 21, 1911. Stats. 1911, p. 1012.] 
 
 Par value of capital stock of hanks. 
 
 § 53. The capital stock of any bank having a capital stock shall have a par value 
 of one hundred dollars per share, and the paid-up value shall be endorsed upon the face 
 of each certificate issued, which paid-up value shall be the same on all certificates issued. 
 No bank shall have preferred stock; provided, however, that no bank whose capital 
 stock, on January 1, 1915, failed to comply with any of the requirements of this section, 
 shall be compelled to change its capital stock in compliance herewith. [Amendment of 
 April 28, 1915. In effect August 8, 1915. Stats. 1915, p. 297.] 
 
 This was a new section added to the act April 21, 1911, Stats. 1911, p. 1016. 
 
 Real estate to be sold within five years. Appraisal of value. Notice of sale. Minimum 
 price. Fees. Cost. 
 
 § 54. All real estate purchased by any bank at sales under pledges, mortgages or 
 deeds of trust for its benefit for money loaned and such as may be conveyed to it by 
 borrowers in satisfaction and discharge of loans made thereon and all other real estate 
 owned or held by it, which is not necessary for carrying on its business, must be sold 
 or exchanged for other real estate by such bank within five years after title thereto 
 shall have vested in it by purchase or otherwise; provided, however, that no exchange 
 of such real estate for other real estate shall be made unless and until written consent 
 thereto shall first be given by the superintendent of banks; and provided, further, that 
 any real estate so taken in exchange may be held for such period of time as the super- 
 intendent of banks may fix but not to exceed five years. Parcels of such real estate 
 not sold or exchanged within said time may be purchased by any person wanting the 
 same upon the conditions and proceedings following: The intending purchaser may 
 file a petition in the superior court in and for the county wherein said real estate or 
 any portion thereof is situated; upon the filing of such petition a citation shall be issued 
 out of said court directed to the bank owning such real estate requiring such bank to 
 show cause on a day certain which shall be not earlier than ten days after the service
 
 Act 409, §55 ge:]ve:ral, laws. 172 
 
 of such citation, why commissioners should not be appointed by said court for the pur- 
 pose of appraising the value of the real estate described in the petition and of selling 
 the same at public auction under the provisions of this section. If there shall be any 
 liens or encumbrances of record against such real estate the person or persons holding 
 such liens or encumbrances shall likewise be cited and the court shall in its final decree 
 distribute the proceeds of such sale, if a sale thereof shall be made, according to the 
 equities of the parties. If it shall appear at the hearing of such petition that the real 
 estate therein sought to be purchased is held by such bank in violation of the provisions 
 of this section or of the constitution of this state, the court shall appoint three commis- 
 sioners to appraise the value thereof and sell the same at public auction at the county 
 seat of the county wherein said real estate or any part thereof is located. Notice of 
 which said sale shall be given to the bank owning said real estate and to any other 
 persons interested therein as shown by the records of such county at least ten days 
 before the date of such sale and shall be published once a week for three successive 
 weeks in some newspaper published in the county where such real estate or any part 
 thereof may be located, or if no newspaper shall be published in such county then in 
 a newspaper published in some neighboring county. Such notice shall state the time 
 and place of such sale and shall describe the real estate to be sold with common cer- 
 tainty and state the value thereof as fixed by the appraisement of such commissioners 
 and state that no bid less than such appraised value will be received therefor. No 
 sale shall be made for an amount less than the appraised value of such real estate fixed 
 by said commissioners, and in the event that no bid is received at such sale at least equal 
 to said appraised value of said real estate no intending purchaser can institute the pro- 
 ceedings provided for in this section within one j^ear thereafter. In case of any sale 
 made under the provisions of this section and of the refusal of any bank owning such 
 real estate or of any lienholder or encumbrancer to execute the conveyances or releases 
 necessary or proper to vest the title of such bank, lienholder or encumbrancer in the 
 purchaser thereof the court shall have power in such proceedings to direct said com- 
 missioners to execute such deeds, conveyances or releases upon the payment to them of 
 the purchase price therefor. The fees of such commissioners and cost of sale shall be 
 fixed by the court, upon making such appointment, but the entire expense thereof shall 
 not exceed one hundred dollars. The cost of any such proceedings shall be borne by 
 the intending purchaser if no sale shall be made, but if a sale shall be made the costs 
 of such proceedings shall be borne by the purchaser of the property and the person who 
 filed the petition and advanced the costs of such proceedings shall be reimbursed in 
 case he shall not become such purchaser. All sales hereunder shall be returned to the 
 court having jurisdiction of the matter in the same manner as in the case of sales, by 
 commissioners, of real estate on foreclosure of mortgages. Nothing in this section 
 contained shall be deemed to affect the power of the superintendent of banks to require 
 the writing down of the value of real estate held by any bank, at any time, when such 
 writing down shall be proper. [Amendment of May 17, 1917. In effect July 27, 1917. 
 Stats. 1917, p. G22.] 
 
 This was a new section added to the act May 6, 1913, Stats. 1913, p. 158. 
 
 Receiving deposits not creation of debt. "Real estate" defined. 
 
 § 55. Receiving deposits, issuing certificates of deposit, cheeks and bills of exchange, 
 and the like, in the transaction of the ordinary business of a bank, must not be construed 
 to be the creation of debt within the meaning of the phrase "create debt" in section 
 three hundred nine of the Civil Code, nor of indebtedness within the meaning of the 
 phrase "the capital stock can not be diminished to an amount less than the indebtedness 
 of the corporation" in section three hundred fifty-nine of the Civil Code, except that no 
 bank shall reduce its capital stock to an amount less than is required by this act to be
 
 173 BANKS AXD BANKING. Act 409, §§ u6, 5Ca 
 
 maintained by such bank, or less than any indebtedness of such bank other than such 
 deposits. 
 
 The terms "real estate," or "real propertj'," or "personal property," when used in 
 this act shall have the meaning defined in, and shall be construed in accordance with the 
 provisions of title I of part I of division second of the Civil Code. [New section 
 approved May 6, 1913. Stats. 1913, p. 159.] 
 
 Authority to become member of federal reserve bank. 
 
 § 56. Any bank is hereby authorized and empowered to become a member of a 
 federal reserve bank. 
 
 Nothing in this act shall prohibit any such bank from becoming a member of a fed- 
 eral reserve bank, in the manner provided in the federal reserve act, nor from investing 
 any part of its capital or surplus or reserve fund in the capital stock of such federal 
 reserve bank, in accordance with the terms and provisions of such federal reserve act ; 
 provided, that such investment shall in no case exceed the minimum amount required 
 to join or associate itself with or maintain membership in such federal reserve bank; 
 provided, also, that such investment may be carried in either the commercial, savings, 
 or triist department, or may be apportioned to any two or all three of such departments 
 of any departmental state bank member. 
 
 Powers. Subject to federal reserve examinations. 
 
 Any bank joining or associating itself with such federal reserve bank shall have and 
 exercise all powers, not in conflict with the laws of this state, which are conferred upon 
 any member bank in any such federal reserve bank, by the provisions of the federal 
 reserve act and the regulations of the federal reserve board. Such member bank and 
 its directors, oflflcers and stockholders shall continue to be subject, however, to all 
 liabilities and duties imposed upon them by the bank act and by any other law of this 
 state. 
 
 Any bank which shall have become a member of a federal reserve bank shall be sub- 
 ject to the examinations required under the terms of the federal reserve act, and the 
 superintendent of banks may, in his discretion, accept such examination in lieu of 
 the examination required under the provisions of this act, and he, his agents and 
 employees, may furnish to the federal reserve board, the federal reserve bank, or to 
 examiners duly 'appointed by the federal reserve board or the federal reserve bank, 
 copies of all examinations made, and may disclose to such federal reserve board, federal 
 reserve bank, or examiner, any information with reference to the condition or affairs 
 of state bank members. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 
 1919, p. 628.] 
 
 This was a new section added to the act May 6, 1913, Stats. 1913, p. 160; and amended 
 June 3, 1915, Stats. 1915, p. 1112. 
 
 Bank converting into national banking association. 
 
 § 56a. Nothing in this act shall prevent or prohibit any bank from converting into 
 a national banking association under the provisions of section five thousand one hun- 
 dred fifty-four of the United States revised statutes, or section eight of the federal 
 reserve act, or any other federal or state law; provided, however, that no savings bank 
 and no departmental bank having a savings department, organized and existing under 
 the laws of the state of California, shall convert into a national banking association 
 except upon the following conditions: 
 
 Notice of intention. 
 
 1. Coincident with its application to the comptroller of the currency, any such 
 savings or departmental bank shall file with the superintendent of banks formal notice 
 of intention to convert into a national banking association.
 
 Act 409, S 57 GENERAL LAWS. 174 
 
 Notice of conversion. 
 
 2. Prior to conversion, any such savings or departmental bank shall place in the 
 hands of the superintendent of banks — 
 
 (a) A constructive notice for newspaper advertisement, directed to its savings 
 depositors, of the fact of conversion; 
 
 fb) Actual notice addressed to each and every savings depositor, at his or her last 
 known address, enclosed in stamped and addressed envelopes ready for mailing, this 
 notice to be as follows: 
 
 "You are hereby notified that the undersigned, formerly the , now the 
 
 , has converted from a banking corporation existing under the laws of 
 
 California into a national banking association; and has therefore ceased to be under 
 the jurisdiction and the direction of the California state banking department and the 
 bank act of California, and is now under the jurisdiction and control of the federal 
 reserve act and the national act." No other matter may be enclosed with this notice 
 unless by permission of the superintendent of banks. 
 
 Surrender of state license. 
 
 3. Upon conversion said bank shall file with the superintendent of banks a copy of 
 its authorization as a national banking association, certified by the comptroller of the 
 currency; and shall surrender to the superintendent of banks its license as a state 
 banking corporation. 
 
 Advertisement of conversion. 
 
 4. Immediately following the conversion of a state bank, the superintendent of banks 
 shall cause the publication of the notice provided in subdivision (a) of paragraph two of 
 this section ; same to be at least once a week for four successive weeks in a newspaper 
 of general circulation, printed and published in every town where said bank transacts 
 its business and if there be no such paper in any such town or towns, then in the county 
 where such bank transacts its business, and the superintendent of banks shall cause 
 to be mailed the notices provided in subdivision (b) of paragraph two of this section. 
 The advertisement shall be at the expense of the converting bank, prepaid to the 
 department. [New section added May 15, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 629.] 
 
 Loans secured by a first lien on real estate. 
 
 § 57. Whenever in this act it is required that loans or investments shall be secured 
 by a first lien on real estate, the lien of any tax, assessment or bond levied or issued 
 by this state or by any county, city and county, city, town, municipality, school district, 
 reclamation district, irrigation district or any other political or governmental subdi- 
 vision of this state (not including bonds given pursuant to any law authorizing tlio 
 same bv any person or corporation in lieu of payment of any tax or assessment levied 
 ao-aiust any particular real property) and the lien of any assessment levied to pay 
 such bonds shall not be deemed to be a prior encumbrance or lien on such real property 
 unless an installment or call of such tax, assessment or bond shall be due and delin- 
 quent • and any bonds given pursuant to any law authorizing the same by any person or 
 corporation in lieu of payment of any tax or assessment levied against any particular 
 real property and any lien given to secure the payment of assessments or subscriptions 
 to meet the requirements of any law of the United States in respect to any irrigation 
 project of the United States in this state which may be levied, made or received by any 
 coHDoration or association formed to carry out the objects and requirements of any such 
 law of the United States shall not be deemed to be a prior encumbrance or lien on 
 such real property if the lien given to secure such assessments and subscriptions taken 
 with the loan or investment so secured shall amount to not more than sixty per centum
 
 173 BANKS AND BANKING. Act 409, § 51 
 
 of the market value of the land securing the same. [New section added June 3, 1915. 
 In effect August 8, 1915. Stats. 1915, p. 1113.] 
 
 Application for permission to engage in foreign banking. 
 
 $ 58. Any bank possessing a capital and surplus of one million dollars or more maj 
 file application with the superintendent of banks for permission to exercise, upon such 
 conditions and under such regulations as he may prescribe, either or both of the follow- 
 ing powers : 
 
 First — To establish branches in foreign countries or in dependencies or insular pos- 
 sessions of the United States for the furtherance of the foreign commerce of this state 
 and of the United States. 
 
 Second — To invest an amount not exceeding in the aggregate ten per centum of its 
 paid-in capital stock and surplus in the stock of one or more banks or corporations 
 chartered or incorporated under the laws of the state of California, and principally 
 engaged in international or foreign banking or banking in a de^iendency or insular 
 possession of the United States either directly or through the agency, ownership or 
 control of local institutions in foreign countries, or in such dependencies or insular 
 possessions. 
 
 Such applications shall specify the name and capital of the bank filing it, the powers 
 applied for and the place or places where the banking operations proposed are to be 
 carried on. The superintendent of banks shall have power to approve or to reject such 
 application in whole or in part if for any reason the granting of such application is 
 deemed inexpedient, and shall also have power from time to time to increase or decrease 
 the number of places where such banking operations may be carried on. 
 
 Information regarding foreign branches. 
 
 Every bank operating foreign branches shall be required to furnish information con- 
 cerning the condition of such branches to the superintendent of banks upon demand, 
 and every bank investing in the capital stock of banks or corporations described under 
 subparagraph two. of the first paragraph of this section shall be required to furnish 
 information concerning the condition of such banks or corporations to the superin- 
 tendent of banks upon demand, and the superintendent of banks may order special 
 examinations of the said branches, banks or corporations at such time or times as ho 
 may deem best. The cost of such special examinations shall be paid by said branches, 
 banks or corporations. 
 
 Regulations by superintendent. 
 
 Before any bank shall be permitted to purchase stock in any such corporation the 
 said corporation shall enter into an agreement or undertaking with the superintendent 
 of banks to restrict its operations or conduct its business in such manner or undei 
 such limitations and restrictions as the said superintendent of banks may prescribe for 
 the place or places wherein such business is to be conducted. If at any time the 
 superintendent of banks shall ascertain that the regulations by him are not being com- 
 plied with, said superintendent of banks shall be authorized and shall have power to 
 institute an investigation of the matter and to send for persons and papers, subpoena 
 witnesses and administer oaths in order to satisfy himself as to the actual nature of 
 the transactions referred to. Should such investigation result in establishing the 
 failure of the corporation in question, or of the bank or banks which may be stock- 
 holders therein, to comply with the regulations laid down by the said superintendent 
 of banks, such banks may be required to dispose of stockholdings in the said corpo- 
 ration upon thirty days' notice, and in the event of their noncompliance with such 
 order the superintendent of banks may institute proceedings for forfeiture of license
 
 Act 409 GENERAL, LAWS. 176 
 
 Every such bank shall conduct the accounts of each foreign branch independently 
 of the accounts of other foreign branches established by it and of its home office, and 
 shall at the end of each fiscal period transfer to its general ledger the profit or loss 
 accruing to each branch as a separate item. [New section added May 15, 1919. In 
 efEect July 22, 1919. Stats. 1919, p. 630.] 
 
 AETICLE n. 
 
 Savings Banks, 
 i 60. Capital Stock. 
 
 In Places of 5000 Persons and Under. 
 In Places of Over 5000 and Not Over 25,000 Persons. 
 In Places of Over 25,000 and Not Over 100,000 Persons. 
 In Places of Over 100,000 and Not Over 200,000 Persons. 
 In Places of Over 200,000 Persons. 
 Without Capital Stock. 
 
 § 61. Eeal and Personal Property. 
 
 Kind That May Be Purchased and Held. 
 Limitations on Purchase of Personal Property, 
 Purchase of Bonds. 
 
 United States Bonds. 
 
 Foreign Bonds. 
 
 State of California Bonds. 
 
 State Bonds of Other States. 
 
 District Bonds. 
 
 Mutual and District Water Bonds. 
 
 Bailroad Bonds. 
 
 Rule for Determination of Income. 
 Security. 
 
 First Mortgage. 
 Refunding Mortgage. 
 Trust Deed on Operative Property. 
 Guaranteed Railroad Bonds. 
 Public Utility Bonds. 
 Security. 
 
 First Mortgage. 
 Refunding Mortgage. 
 Trust Deed on Operative Property. 
 Definitions. 
 Notes Secured by First Mortgage. 
 
 Market Value of Oil and Timber Lands. 
 Collateral Trust Bonds. 
 
 Bonds Legal for Investment in New York and Massachusetts. 
 Guaranteed Payment. 
 "Net Earnings," Defined. 
 
 Bonds, etc.. Certified by Superintendent of Banks. 
 Previous Investments. 
 
 Legality Not Affected. 
 Investment Value of Bonds. 
 
 Bonds of Public Utilities Under Jurisdiction of Bailroad Commlssloa. 
 Validity of Bonds. 
 
 State Does Not Guarantee. 
 Advertisement of Bonds as Legal Investment. 
 Penalty for False Advertisement. 
 { 61a. Bonds tor Investment by Savings Banks. 
 
 Superintendent of Banks May Investigate. 
 
 Opinion of Attorneys. 
 Certificate. 
 
 Revocation Of. 
 Renewal or Extension Of. 
 Expenses. 
 { 62. Reat, and Personal Property. 
 Trading in Forbidden.
 
 177 BANKS AND BANKING. Act 409, § 60 
 
 Drafts, Payment Of. 
 Borrowing Money. 
 Public Moneys. 
 § 63. Certificates of Deposit. 
 
 Time Certificates. 
 § 64, Time and Condition of Repayment op Deposits. 
 By-Laws and Contracts as To. 
 Eeserve Fund. 
 § 65. Loans to Director or Officer Forbidden. Provisos. 
 Loans to Agent or Employee. 
 Record Of. 
 
 Report to Superintendent of Banks. 
 Religious Corporations, Clubs, Etc. 
 Loans to Director on Security. 
 § 66. Loans Exceeding Fifty Per Cent of Stock Forbidden. Benewal oi LOAi*. 
 § 67. Loans, Limitation On. 
 Bill of Exchange. 
 
 Not Eligible for Discount or Purchase,^ 
 Credit Reports. 
 Amount, Limitation On. 
 On Bonds and Notes. 
 On Personal Property. 
 
 On Bonds or Capital Stock of Corporations. 
 Real Estate. 
 
 Capital Stock of Corporations. 
 Mining Stock. 
 S 68. Reserves. 
 
 Deposit of. 
 
 Of Member of Federal Eeserve Bank. 
 Failure to Maintain. 
 Dealings With Commercial Bank. 
 § 68i. Deposits of Deceased Persons. 
 
 § 69. Business to Be Conducted Under Provisions oi" This Act. 
 § 70. Liberty Bonds. 
 
 Capital stock of savings "banks. Without capital stock. 
 
 § 60. Every savings bank hereafter organized must have paid up in cash a capital 
 stock of not less than 
 
 (a) Twenty-five thousand dollars if its principal place of business is located in any 
 locality the population of which does not exceed five thousand persons; 
 
 (b) Fifty thousand dollars if its principal place of business is located in any city the 
 population of which is more than five thousand persons, but does not exceed twenty- 
 five thousand persons; 
 
 (c) One hundred thousand dollars if its principal place of business is located in any 
 city the population of which is more than twenty-five thousand persons but does not 
 exceed one hundred thousand persons; 
 
 (d) Two hundred thousand dollars if its principal place of business is located in any 
 city the population of which is more than one hundred thousand persons but does not 
 exceed two hundred thousand persons; 
 
 (e) Three hundred thousand dollars if its principal place of business is located in any 
 city the population of which is more than two hundred thousand persons. 
 
 Excepting that any savings bank organized without capital stock must have a reserve 
 fund of at least one million dollars. Until the capital stock or reserve fund herein- 
 before required shall be actually paid in, the superintendent of banks shall refuse to 
 issue the certificate required by this act. The foregoing classification shall not apply 
 to any savings bank already in existence which has received its certificate to do a 
 banking business from the superintendent of banks; nor to any bank the location of 
 which shall have been included by annexation or consolidation within the limits of a 
 city of a class requiring a larger capitalization, but no bank thus excepted shall be 
 
 Gen. Laws — 12
 
 Act 409, g 61 GENERAL LAWS. 178 
 
 permitted to establish any new branch office as provided in section nine of this act or 
 to remove its place of business from the original limits of the city or township wherein 
 it was located prior to such annexation or consolidation until it shall have the capital 
 required of banks in such city not within said exception. Such excepted banks may not 
 in any case decrease their capital stock but may increase the same in the manner 
 provided by law to an amount either greater or less than that required of banks in 
 such city not within said exception; provided, that nothing herein shall be construed 
 to affect the provisions of section nineteen of this act relative to the proportion of cap- 
 ital and surplus to deposits or of section twenty-three of this act relative to the capital 
 stock required of banks doing a departmental business. The provisions of section 
 twenty-three of this act, as to population, shall apply to any bank organized under the 
 provisions of this section. [Amendment approved May 6, 1913. Stats. 1913, p. 160.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1012. 
 
 Purchase of real or personal property by savings banks. 
 
 § 61. Any savings bank may purchase, hold and convey real or personal property 
 as follows : 
 
 1. The lot and building in which the business of the bank is carried on; furniture 
 and fixtures, vaults and safe deposit vaults and boxes necessary or proper to carry on 
 its banking business; such lot and building, furniture and fixtures, vaults and safe 
 deposit vaults and boxes shall not, in the aggregate, be carried on the books of such 
 bank as an asset to an amount exceeding its paid-up capital and surplus ; and hereafter, 
 the authority of a two-thirds vote of all of the directors shall be necessary to authorize 
 the purchase of such lot and building, or the construction of such building. 
 
 2. Such as may have been mortgaged, pledged or conveyed to it in trust for its 
 benefit in good faith, for money loaned in pursuance of the regular business of the 
 corporation. 
 
 3. Such as may have been purchased at any sales under pledge, mortgage or deed of 
 trust made for its benefit for money so loaned and such as may be conveyed to it by 
 borrowers in satisfaction and discharge of loans made thereon. 
 
 Limitations on purchase of personal property. Purchase of bonds. 
 
 No savings bank shall purchase, own, or sell personal property, except such as may 
 be requisite for its immediate accommodation for the convenient transaction of its 
 business, notes or bonds secured by trust deeds or mortgages on real estate, bonds, 
 securities or evidences of indebtedness, public or private, gold or silver bullion and 
 United States mint certificates of ascertained value, and evidences of debt issued by 
 the United States. No savings bank shall purchase, own, hold or convey bonds, secur- 
 ities or evidences of indebtedness, public or private, except as follows: 
 
 United States bonds. 
 
 (a) Bonds or interest-bearing notes or obligations of the United States, or those 
 for which the faith and credit of the United States are pledged for the payment of 
 principal and interest, or those issued under authority of the United States; 
 
 Foreign bonds. 
 
 (aa) Bonds or interest-bearing notes or obligations of England or the United King- 
 dom of Great Britain and Ireland, or France, or the Dominion of Canada, or those for 
 which the faith and credit of any one or more of said countries are pledged for the 
 payment of principal and interest ; or bonds or interest-bearing notes or obligations of 
 any other foreign country or government, which bonds or interest-bearing notes or 
 obligations shall have first been approved by the superintendent of banks in writing;
 
 179 BANKS AND BAXKIJVG. Act 409, g 61 
 
 State of California bonds. 
 
 (b) Bonds of this state, or those for which the faith and credit of the state of 
 California are pledged for the payment of principal and interest, or those of any county, 
 city and county, city or school district of this state; 
 
 State bonds. 
 
 (c) Bonds or stocks or notes of any state in the United States that has not, within 
 five years previous to making such investment by such bank, defaulted in the payment 
 of any part of either principal or interest, or those of any county, city and county, city 
 or town, in any state of the United States other than the state of California, issued 
 under authority of any law of such state, which county, city and county, city or town, 
 had, as shown by the federal or state census next preceding such investment, a popula- 
 tion of more than twenty thousand inhabitants; provided, however, that the entire 
 bonded indebtedness of such county, city and county, city or town, including such issue 
 of bonds or stocks or notes, does not exceed fifteen per centum of the value of the 
 taxable property therein as shown by its last equalized assessment roll; and provided, 
 further, that such county, city and county, city or town, or the state in which it is 
 located has not defaulted in payment of any part of either principal or interest due 
 upon any legally authorized bond or stock or note issue within five years next preced- 
 ing such investment; 
 
 District bonds. 
 
 (d) Bonds of any district organized under the laws of the state of California which 
 are required to be and are investigated and approved by a commission now or here- 
 after authorized by a law of this state to conduct such investigation and give such 
 approval and by authority of which api^roval said bonds are declared to be legal 
 investments for savings banks; 
 
 (e) Bonds of any district organized under the laws of the state of California not 
 otherwise provided for in this section; or those of any mutual water company organ- 
 ized under the laws of this state and operating wholly within this state; provided, that 
 all bonds specified in this paragraph shall first be certified by the superintendent of 
 banks after an investigation in manner and form as is provided for by section sixty- 
 one a of this act; and provided, further, that no bonds of any mutual water company 
 shall be certified by the superintendent of banks unless the company issuing said bonds 
 shall have been in continuous operation for a period of five years next preceding the 
 application for said certificate and shall have served not less than seventy-five pei 
 centum of the lands entitled to service by said mutual water company for a period oi 
 not less than three years next preceding the application for said certificate; 
 
 Bonds of railroad corporation. 
 
 (f) (1) Bonds of any railroad corporation incorporated under the laws of the stal* 
 of California and operating exclusively therein; provided, said corporation has had net 
 earnings for the period herein fixed amounting to at least one and one-fourth times the 
 interest on all its outstanding mortgage indebtedness; or, 
 
 (2) Bonds of any railroad corporation incorporated under the laws of any state in 
 the United States, operating at least five hundred miles of standard gauge track 
 exclusive of sidings; provided, said corporation has had net earnings for the period 
 herein fixed amounting to at least one and one-half times the interest on all its oiit- 
 standing mortgage indebtedness; or, 
 
 (3) Bonds of any railroad corporation, the payment of which has been guarant«yrd, 
 both as to principal and interest, by a railroad corporation meeting the requirements 
 of either subdivision (1) or (2) of paragraph (f) of this section; provided, that such 
 guai'anteeing corporation has had for the period herein fixed net earnings amounting
 
 Act 409. §61 GENERAL LAWS. 180 
 
 to at least one and one-half times the interest on all its outstanding mortgage indebted- 
 ness and, in addition thereto, sufificient, taken with the earnings of all corporations 
 whose bonds it has guaranteed, to qualify as investments for savings banks, as in this 
 section provided, all such guaranteed bonds; provided, that the excess of income of any 
 corporation whose bonds have been so guaranteed, over the amount required bj'^ this 
 section for such corporation, shall not apply to or be included in determining the 
 income so required; provided, further, that the guarantee of such bonds hereafter 
 guaranteed must establish a lien upon all the operating properties of the guaranteeing 
 corporation, which lien must take precedence over any subsequent issues of mortgage 
 obligations by said guaranteeing corporation. 
 
 Rule for determination of income. 
 
 In determining the income of any corporation specified in paragraph (f) of sub- 
 division three of this section, there shall be included the income of any corporation or 
 corporations out of which it shall have been formed through consolidation or merger, 
 and of any corporation or corporations, the entire business and income producing prop- 
 erty of which the corporation issuing such bonds has wholly acquired. 
 
 Security. 
 
 All bonds authorized for investment by paragraph (f) of subdivision three of this 
 section must be secured by a mortgage or deed of trust which is, at the time of making 
 such investment, either 
 
 First mortgage. 
 
 I. A closed first mortgage or deed of trust; or, 
 
 II. A first mortgage or deed of trust containing provisions restricting the issuance 
 of further bonds until such time as the income of said corporation shall have been at 
 least sufficient, during the twelve months next preceding the issuance of any additional 
 bonds, to meet the earning requirements specified in the respective subdivisions of this 
 paragraph applicable to such corporation after including the additional bonds then 
 proposed to be issued; or, 
 
 Refunding mortgage. 
 
 III. A refunding mortgage or deed of trust providing for the retirement of all prior 
 lien mortgage debts of said corporation, and restricting the issuance of further bonds 
 until such time as the income of said corporation shall have been at least sufficient, 
 during the twelve months next preceding the issuance of any additional bonds, to 
 meet the earning requirements specified in the respective subdivisions of this para- 
 graph applicable to such corporation after including the additional bonds then pro- 
 posed to be issued; or, 
 
 Trust deed on operative property. Guaranteed railroad bonds legal investments for 
 
 savings banks. 
 
 IV. An underlying or divisional closed mortgage or deed of trust of property which 
 forms a part of the operating system of the corporation then owning said property. 
 In the case of bonds secured by an underlying or divisional closed mortgage or deed 
 of trust, the net income required by this section shall be based exclusively upon the 
 income, maintenance charges, operating expenses, taxes, and mortgage indebtedness of 
 or against the property covered by such underlying or divisional closed mortgage or 
 deed of trust, or, if such income, maintenance charges or operating expenses can not be 
 definitely ascertained, on the proper proportionate share of such property in the 
 general income, maintenance charges, operating expenses, and taxes of the corporation 
 then owning such property and on the mortgage indebtedness of or against the prop- 
 erty covered by such underlying or divisional closed mortgage or deed of trust; pro-
 
 ISl BANt<:S AND BANKING. Act 409, § 61 
 
 vided, however, that if the payment of the bonds secured by such underlying or divi- 
 sional closed mortgage or deed of trust shall be guaranteed or assumed by the corpora- 
 tion then owning the property securing the same, such bonds shall be legal investments 
 for savings banks, if the net income of such corporation from all sources shall equal 
 the amount herein required, notwithstanding any insufficiency of the income derived 
 from the property covered by such underlying or divisional closed mortgage or deed 
 of trust to meet the requirements of this section. 
 
 No savings bank shall purchase the bonds of any railroad corjDoration deriving less 
 than twenty per centum of its gross receipts from passenger revenues. 
 
 The term, "railroad corporation," when used in paragraph (f) of subdivision three 
 of this section, shall have the meaning defined in the "public utilities act." 
 
 Public utility bonds. 
 
 (g) Bonds of anj' street railroad corporation; or of any gas; water; pipe line; light; 
 power; light and power; gas, light and power; electrical; telephone; telegraph; or 
 telephone and telegi-aph corporation or of any other "public utility" incorporated 
 under the laws of the state of California; and 
 
 (1) Operating exclusively in the state of California, provided said corporation has 
 had, for the period herein fixed, net earnings amounting to one and one-half times the 
 interest on all its outstanding mortgage indebtedness; or, 
 
 (2) Operating its property in part within the state of California, provided said 
 corporation has had, for each of its two fiscal years next preceding such investment, 
 net earnings amounting to one and one-half times the interest on all its outstanding 
 mortgage indebtedness; or, 
 
 (3) The payment of which is guaranteed, both as to principal and interest, by a 
 public utility corporation meeting the requirements of either subdivision (1) or (2) 
 of paragraph (g) of this section, provided that such guaranteeing corporation has had 
 for the period required in the respective subdivisions of this paragraph relating thereto, 
 net earnings amount to at least one and one-half times the interest on all of said 
 guaranteeing corporation's outstanding mortgage indebtedness, and, in addition thereto, 
 sufficient, taken with the earnings of all corporations whose bonds it has guaranteed, 
 to qualify as investments for savings banks, as in this section provided, all such guar- 
 anteed bonds; provided, that the excess of income of any corporation whose bonds have 
 been so guaranteed, over the amount required by this section for such corporation, shall 
 not apply to or be included in determining the income so required; provided, further, 
 that the guarantee of such bonds hereafter guaranteed must establish a lien upon all 
 the operating properties of the guaranteeing corporation which lien must take prece- 
 dence over any subsequent issues of mortgage obligations by said guaranteeing 
 corporation. 
 
 In determining the income of any corporation specified in paragraph (g) of sub- 
 division three of this section, there shall be included the income of any corporation 
 or corporations out of which it shall have been formed through consolidation or 
 merger, and of any corporation the entire business and income producing property of 
 which the corporation issuing such bonds has wholly acquired. 
 
 • 
 Security. 
 
 All bonds authorized for investment by paragraph (g) of subdivision three of this 
 section must be secured by a mortgage or deed of trust which is at the time of making 
 such investment; either 
 
 First mortgage. 
 
 I. A closed first mortgage or deed of trust; or, 
 
 II. A first mortgage or deed of trust containing provisions restricting the issuance 
 of further bonds until such time as the income of said corporation shall have bee» at
 
 Act 409, § 61 GENERAL LAW'S. 183 
 
 least sufficient, during the twelve months next preceding the issuance of any additional 
 bonds, to meet the earning requirements specified in the respective subdivisions of this 
 paragraph applicable to such corporation after including the additional bonds then 
 proposed to be issued; or, 
 
 Refunding mortgage. 
 
 III. A refunding mortgage or deed of trust providing for the retirement of all prior 
 lien mortgage debts of said corporation and restricting the issuance of farther bonds 
 until such time as the income of said corporation shall have been at least sufficient, 
 during the twelve months next preceding the issuance of any additional bonds, to meet 
 the earning requirements of such corporation after including the additional bonds then 
 proposed to be issued; or, 
 
 Trust deed on operative property. 
 
 IV. An underlaying or divisional closed mortgage or deed of trust of property which 
 
 forms a part of the operating system of the corporation then owning said property. 
 
 In the case of bonds secured by an underlying or divisional closed mortgage or deed of 
 
 trust, the net income required by this section shall be based exclusively upon the the 
 
 income, maintenance charges, operating expenses, taxes and mortgage indebtedness of 
 
 or against the property covered by such underlying or divisional closed mortgage or 
 
 deed of trust or, if such income, maintenance charges or operating expenses can not be 
 
 definitely ascertained, on the proper proportionate share of such property in the 
 
 general income, maintenance charges, operating expenses and taxes of the corporation 
 
 then owning such property and on the mortgage indebtedness of or against the i)roperty 
 
 covered by such underlying or divisional closed mortgage or deed of trust; provided, 
 
 however, that if the payment of the bonds secured by such underlying or divisional 
 
 closed mortgage or deed of trust shall be guaranteed or assumed by the corporation 
 
 then owning the property securing the same, such bonds shall be legal investments for 
 
 savings banks, if the net income of such corporation from all sources shall equal the 
 
 amount herein required, notwithstanding any insufficiency of the income derived from 
 
 the property covered by such underlying or divisional closed mortgage or deed of trust 
 
 to meet the requirements of this section. 
 
 • 
 Definitions. 
 
 The terms "street railroad corporation," "pipe line corporation," "gas corpora- 
 tion," "electrical corporation," "telephone corporation," "telegraph corporation," 
 "water corporation," and "public utility," when used in paragraph (g) of subdivision 
 three of this section, shall have the meaning definied in the "public utilities act." 
 
 Notes secured by first mortgage. 
 
 (h) Notes or bonds secured by first mortgage or deed of trust or other first lien 
 upon real estate, improved or unimproved; provided, that the entire note or bond 
 issue shall not exceed sixty per centum of the market value of such real estate, or such 
 real estate with improvements, taken as security; and provided, further, in case the 
 said note or bond issue is created for a building loan on real estate, that at no time 
 shall the entire outstanding note or bond issue exceed sixty per centum of the market 
 value of the real estate and the actual cost of the improvements thereon taken as 
 security. 
 
 Market value of oil and timber land. 
 
 In determining the market value of any real estate under the provisions of para- 
 graph (h), subdivision three of this section, where such real estate, improved or unim- 
 proved, consists of oil or other mineral or timber land, the value represented by such 
 oil or other mineral or timber shall not be included in fixing such market value.
 
 1S3 DAXKS AXD BAXKING. Act 409, § 61 
 
 Xothing herein contained shall prevent savings banks from making loans secured by 
 mortgage or deed of trust upon lands wherein redwood timber is included in fixing the 
 market value thereof. 
 
 Collateral trust bonds. 
 
 (i) Collateral trust bonds or notes when secured by either: 
 
 (1) Deposit of bonds authorized for investment by this section of a market value 
 at least fifteen per centum in excess of the par value of the collateral trust bonds or 
 notes issued; or, 
 
 (2) Deposit of bonds authorized for investment by this section and other securities 
 of a combined market value at least twenty per centum in excess of the par value of the 
 collateral trust bonds or notes issued; provided, that the par value of said collateral 
 trust bonds or notes shall in no case exceed the market value of that portion of the 
 security represented by bonds authorized for investment by his section. 
 
 (3) Deposit of any notes or bonds authorized for investment by this section and 
 other securities of a combined market value of at least thirty per centum in excess of 
 the par value of the collateral trust bonds or notes issued ; provided, that the par value 
 of such collateral trust bonds or notes issued shall in no case exceed the market value 
 of that portion of the security represented by notes or bonds authorized for investment 
 by this section; provided, further that the collateral pledged consist of bonds author- 
 ized for investment by this section of the market value of at least seventy-five per 
 centum of the par value of such collateral trust bonds or notes issued. 
 
 Legal investment in New York and Massachusetts. 
 
 (j) Bonds legal for investment by savings banks in the states of New York or Massa- 
 chusetts; provided, however, that as to bonds of the character specified in paragraph 
 (c) of subdivision three of this section, such bonds shall also conform to the require- 
 ments of such paragraph. 
 
 Guaranteed pajnnent. 
 
 (k) Notes or bonds secured by mortgage or deed of trust, payment of which is guar- 
 anteed by a policy of mortgage insurance, and mortgage participation certificates, 
 issued by a mortgage insurance company in accordance with the provisions of chapter 
 eight of title two or part four of division first of the Civil Code. 
 
 "Net earnings." 
 
 "Net earnings" as used in this section shall be deemed to mean the amount remain- 
 ing after deducting from the gross earnings all taxes, maintenance charges and oper- 
 ating exi^enses except depreciation charges, sinking fund charges and interest on 
 indebtedness. 
 
 Unless herein otherwise expressly provided the period for which any corporation 
 must have "net earnings" sufficient to qualify its bonds as an investment for savings 
 banks under this section shall be either the fiscal year of such cor])oration next pre- 
 ceding the investment therein by any savings bank or twelve consecutive months in the 
 fourteen months next preceding such investment. 
 
 Bonds, etc., certified by superintendent of banks. 
 
 No notes, bonds, or other securities shall be deemed to come within or conform to the 
 requirements of either of paragraphs (f), (g), (h), or (i) of subdivision three of this 
 section, unless such notes, bonds or other securities shall, in the manner provided in 
 this act, have been certified by the superintendent of banks to come within and fully 
 conform to the requirements of one or the other of said paragraphs; provided, however, 
 that any bank maj', without such certification by the superintendent of banks, purchase 
 any note or bond or issue of notes or bonds provided for in said paragraph (h), when-
 
 Act 409, § 91 GE^NCRAL. LAWS. 184 
 
 ever such purchase constitutes the entire amount of notes or bonds executed by the 
 makers thereof and secured by the same real estate; provided, also, that no savings 
 bank shall hold any such notes or bonds unless such holding constitutes the entire issue 
 thereof at any time outstanding; and provided, also, that nothing in this paragraph" 
 shall be construed to permit savings banks to invest in notes or certificates evidencing 
 participation in any mortgage on real estate unless in this act specifically authorized 
 or in or on any form of obligation secured by any undivided interest in real estate 
 designed to distribute the obligation so secured. 
 
 Legality of previous investments not affected. 
 
 The legality of investments heretofore lawfully made pursuant to the provisions of 
 this section, or of any law of this state as it existed on and subsequent to July 1, 1909, 
 shall not be affected by any amendments to this section or this act; nor shall any such 
 amendments require the changing of investments once lawfully made under this act. 
 
 Investment value of bonds. 
 
 Any bonds authorized by this section as a legal investment for savings banks may 
 be carried on the books of said bank at their investment value, based on their market 
 value at the time they were originally bought, unless the superintendent of banks shall 
 require any or all of the bonds which may thereafter have a market value less than the 
 original investment value to be written down to such new market value which shall 
 be done gradually if practicable and in such manner as he may determine; or he may, 
 by a plan of amortization to be determined by him, require such gradual extinction of 
 premium as will bring such bonds to par at maturity. 
 
 When it shall be necessary to prevent loss to any savings bank on an obligation 
 owned or on a debt previously contracted in good faith, it may, with the previous 
 written consent of the superintendent of banks, purchase or acquire bonds of any 
 railroad corporation incorporated under the laws of the state of California and oper- 
 ated exclusively therein, notwithstanding such bonds do not conform to the require- 
 ments in this section contained; provided, any bonds so purchased or acquired must be 
 sold for the best price obtainable by any bank within five years after such purchase or 
 acquisition. 
 
 Bonds of public utilities. 
 
 No savings bank shall hereafter purchase or loan money upon any bond, note or 
 other evidence of indebtedness, issued by any ** public utility," subject to the juris- 
 diction, regulation or control of the railroad commission of this state under the pro- 
 visions of the "public utilities act," approved December 23, 1911, and acts amenda- 
 tory thereof or supplemental thereto, unless each such bond, note or other evidence of 
 indebtedness was either: 
 
 (a) Issued prior to the taking effect of the "public utilities act"; or, 
 
 (b) Issued under authority of the railroad commission, in accordance with the pro- 
 visions of said act; or, 
 
 (c) A note issued for a period not exceeding twelve months, in accordance with the 
 provisions of subdivision (b) of section fifty-two of said act. 
 
 State does not guarantee validity of bonds. 
 
 No provision of this act, and no act or deed, done or performed under or in con- 
 nection therewith, and no finding made or certificate issued under any provision thereof, 
 shall be held or. construed to obligate the state of California to pay, or be liable for the 
 payment of, or to guarantee in any manner whatsoever, the regularity or the validity 
 of the issuance of any stock or bond certificate, or bond, note, or other evidence of 
 indebtedness certified under any provisions of this act, by the superintendent of banks.
 
 1S5 BANKS AND BAXlvING. Act 409. § 61a 
 
 Advertisement of bonds as legal investment. Penalty for false advertisement. 
 
 It shall not be lawful for any individual, firm, association, bank, trust company, 
 stock company, copartnership or corporation to advertise by newspaper or circular or 
 in any other manner that any securities are legal investments for savings banks in this 
 state or to use any advertisement which might lead the public to believe that any 
 securities conform to the requirements of law relating to investments by savings banks 
 unless such securities are such as are specified in paragraphs (a), (aa), (b), (c), (d), 
 (e)> (j)> or (k) of subdivision three of this section or shall, in the manner provided 
 in this act, have been certified by the superintendent of banks to come within and 
 fully conform to the requirements of one or the other of paragraphs (f), (g), (h), or 
 (i) of subdivision three of this section or unless such advertisement shall have been 
 approved in writing by the superintendent of banks prior to publishing, circulating or 
 otherwise issuing the same. Any individual, firm, association, bank, trust company, 
 stock company, copartnership or corporation who shall advertise any securities in 
 violation of the provisions of this paragraph shall be guilty of a misdemeanor and 
 shall be punishable by a fine not exceeding one thousand dollars or by imprisonment in 
 a county jail not exceeding one year or by both such fine and imprisonment, [Amend- 
 ment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 631.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1004; May 6, 1913, Stats. 1913 
 p. 161; June 3, 1915, Stats. 1915, p. 1113; and May 17, 1917, Stats. 1917, p. 586. 
 
 Superintendent of banks may investigate bonds. 
 
 $ 61a. The superintendent of banks shall have power, when any issue of bonds or 
 securities is presented to him for that purpose, to investigate and ascertain whether 
 such bonds or securities come within and fully conform to all the requirements of 
 paragraphs (f), (g), (h), or (i) of subdivision three of section sixty-one of this act, 
 or of either of said paragraphs. 
 
 Opinions of attorneys. 
 
 He may also investigate and ascertain for what period of time, and upon what con- 
 ditions, any franchise granted to or held by any corporation issuing any such bonds or 
 securities will remain in force, and any other facts or conditions bearing upon the 
 value or sufficiency of such bonds. The superintendent of banks may accept and act 
 upon the opinions and appraisements of any attorneys, engineers, or appraisers which 
 may be presented by such person or corporation, so applying, and the reports of any of 
 the executive officers of the corporation issuing such bonds or securities, on any ques- 
 tion of fact concerning or affecting such bonds or securities, the security thereof, the 
 franchise conditions herein mentioned, or the financial condition of the corjDoration 
 issuing the same. In lieu of or in addition to such opinions, appraisements and reports, 
 the superintendent of banks may, if he deems proper, have any or all such matters 
 passed upon and certified to him by attorneys, engineers, appraisers or accountants of 
 his own selection at the expense of the applicant. If the superintendent of banks shall 
 find from such investigation that the bonds or securities so presented come within and 
 fully conform to all the requirements of any of said paragraphs of subdivision three 
 of section sixty-one of this act, and is satisfied from such investigation as to such 
 franchise conditions, he shall so certify unless for any reason he shall be of the 
 opinion that such bonds are not a safe or proper investment for saving banks, and in 
 such event or if such bonds shall fail to meet the requirements of this act such certifi- 
 cate must be refused. The superintendent of banks also shall have power to investigate 
 and ascertain the status and sufficiency as investments for savings banks of any bonds 
 specified in paragraph (e) of subdivision three of section sixty-one of this act. If upon 
 such investigation it shall be determined in the opinion of the superintendent of banks 
 that any bond specified in said paragraph (e) of subdivision three of section sixty-one 
 of this act constitutes a proper investment for savings banks he shall so certify.
 
 Act 409, § 62 GENERAL LAWS. 180 
 
 Certificates revoked. 
 
 Any certificate issued by the superintendent of banks under authority of the pro- 
 visions of this section may be revoked at any time in his discretion. Any certificate 
 issued in relation to notes or bonds specified in paragraphs (f), (g) or (i) of sub- 
 division three of section sixtj^-one of this act shall expire not later than three months 
 after the end of the then current fiscal year of the corporation issuing such notes or 
 bonds. 
 
 Renewal or extension of certificate. 
 
 Any such certificate so expiring may be renewed or extended by the superintendent 
 of banks without application therefor from such corporation or other interested parties 
 if he shall be satisfied that the notes or bonds referred to in said certificate are in con- 
 formity with the then requirements of section sixty-one of this act. 
 
 Expenses. 
 
 The actual expense of investigating any issue of bonds or securities so presented 
 shall be paid by the person, district or corporation presenting the same for investigation, 
 and the superintendent of banks, before making such investigation, may require a 
 cash deposit of such amount as he may deem necessary to cover such expense. The 
 superintendent of banks shall keep an official list of all bonds and securities certified 
 by him. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 640.] 
 
 This was a new section added to the act May 6, 1913, Stats. 1913, p. 168; and it was 
 amended June 3, 1915, Stats. 1915, p. 1121; and May 17, 1917. In effect July 27, 1917, Stats. 
 1917, p. 594. 
 
 Savings banks not to trade in real property. 
 
 § 62. No savings banks shall, directly or indirectly, deal or trade in real or personal 
 property in any other case or for any other purpose than is authorized by this act, 
 and shall not contract any debt or liability for any purpose whatever other than for 
 deposits, except as in this section provided. 
 
 Drafts. 
 
 Savings banks may pay regular depositors, when requested by them, by draft upon 
 deposits to their credit with their banks, and charge current rate of exchange for such 
 drafts. 
 
 Savings banks borrowing money. Savings banks may borrow public moneys. 
 
 No savings bank shall borrow money, or pledge or hypothecate any of its securities, 
 except to meet the immediate demands of its own depositors, and then only in pursuance 
 of a resolution adopted by a vote of a majority of its board of directors, duly entered 
 upon their minutes, wherein shall be recorded the ayes and nays upon each vote; also 
 with the written approval of the superintendent of banks, and he shall have the author- 
 ity to fix the amount to be borrowed the amount and character of the securities to be 
 pledged or hypothecated, and the term and rate of interest thereon; provided, that 
 any savings bank may, for the purpose of performing its functions and transacting 
 its business as authorized by this act, rediscount, with or without guarantee or 
 endorsement, with the federal reserve bank, its acceptances, notes or any other securi- 
 ties, available for rediscount with a federal reserve bank, in any amount up to but 
 not exceeding its capital and surplus or reserve without consent of the superintendent 
 of banks, and shall not be considered as borrowed money within the meaning of this 
 section; provided, also, that savings banks may, in the manner authorized by law, and 
 without the previous approval of the superintendent of banks, borrow the public moneys 
 of the United States, the state of California, the counties, cities and counties, and towns 
 of said state of California and receive such public moneys on deposit; provided, also,
 
 187 BAKKS AND BANKING. Act 409. g§ 63, 64 
 
 that savings banks may. in the manner authorized by law, and without the previous 
 approval of the superintendent of banks, borrow postal savings moneys of the United 
 States, and receive such postal savings moneys on deposit; and provided, further, 
 savings banks may borrow any amount, in addition to the amounts authorized to be 
 borrowed in this section, for the purpose of buying from the United States, United 
 States bonds. United States treasury certificates, or notes or obligations of the United 
 States, but only in pursuance of a resolution of a majority of its board of directors, 
 dul)' entered upon their minutes, and without the previous approval of the superin- 
 tendent of banks, but the fact of such transaction shall forthwith be reported in writ- 
 ing to the superintendent of banks. No excess loan made to any savings bank with or 
 without pledge of assets shall be invalid or illegal as to the lender. [Amendment of 
 May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 641.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1013. 
 
 Certificates of deposit, issue of. Time certificates. 
 
 $ 63. Savings banks may issue general certificates of deposit, which are transferable, 
 as in other cases, by indorsement and delivery; may issue, when requested by the 
 depositor, special certificates, acknowledging the deposit by the person therein named 
 of a specified sum of mone}^, and expressly providing on the face of such certificate 
 that the sum so deposited and therein named may be transferred only on the books of 
 the bank; payment thereafter made by the bank to the depositor named in such certifi- 
 cate, or to his assignee named upon the books of the bank, or in case of death, to the 
 legal representative of such person, of the sum for which such special certificate was 
 issued, shall discharge the bank from all further liability on account of the money so 
 paid. 
 
 All time certificates of deposit, issued by a savings bank, shall be subject to the 
 same limitations and conditions as applied to other deposits, and notice thereof shall 
 be given by the words "Subject to conditions of agreement with depositors" printed on 
 the face of the certificate issued. 
 
 Time and condition of repayment of deposits. Reserve fund. 
 
 § 64. Each savings bank must prescribe by its by-laws, or by contract with its 
 depositors, the time and conditions on which repayment is to be made to depositors, 
 except as in this act otherwise provided. In all cases the bj'-laws or contracts shall 
 provide that notice of at least thirty days may, at the option of any such bank, be 
 required to be given of intention to withdraw any deposit or part thereof, but when- 
 ever there is any call by depositors for repayment of a greater amount than the bank 
 may have disposable for that purpose, the directors or officers thereof must not make 
 any new loan or investment of the funds of the depositors or of earnings thereof until 
 such excess of call has ceased. The directors of any such bank having no capital stock 
 shall, before the declaration of any dividend, carry at least one-tenth part of the net 
 profits of such bank, for the preceding half year, or for the period covered by said 
 dividend, to its reserve fund. Subject to the provisions of section nineteen of this act, 
 any losses sustained by any such bank may be charged to and paid out of its reserve 
 fund. A larger reserve fund may be created and nothing herein contained shall be 
 construed as prohibitory thereof. The assets of any such bank are a security to its 
 depositors. Any such bank organized without capital stock, may provide by its by-laws 
 for the disposal of any amount in its reserve fund in excess of the amount required 
 by section nineteen of this act and may also provide for final disposal upon the disso- 
 lution of the bank of its reserve fund or the balance thereof remaining after payment 
 of any losses of such bank. [Amendment approved May 6, 1913. Stats. 1913, p. 168. j
 
 Act 409, §65 GENERAL LAWS. ISS 
 
 No loan to director or officer. Record of loan. Report of loan to superintendent of 
 banks. 
 
 $ 65. No loan shall be made, for himself or as agent or partner of another, directly 
 or indirectly, to any director or officer of any savings bank by such bank, or on the 
 endorsement, surety or guaranty of any such officer or director, except that loans may 
 be made to any corporation in which any director or officer of such savings bank may 
 own or hold a minority number of shares of stock, upon authorization of a majority 
 of all the directors of such savings bank and the affirmative vote of all directors of 
 such savings bank present at the meeting authorizing such loan; provided, however, 
 that such loan shall in all other respects conform to and comply with all other pro- 
 visions of this act. Such interested director or officer shall not vote or participate in 
 any manner in the action of the board on such loan; provided, also, that by and with 
 the consent of the superintendent of banks previously obtained in writing, all directors 
 may vote upon such a loan made by one bank to another bank where the entire capital 
 stock of one is rfwned by or held in trust for the stockholders of the other bank and 
 where all or a majority of the board of directors of each of said banks are composed 
 of the same persons. Such authorization shall be entered upon the records or minutes 
 of such savings bank. The fact of making such loan, the names of the directors 
 authorizing such loan, the corporate name of the borrower, the name of each director 
 or officer of such bank who is a member, stockholder, officer, or director of the corpora- 
 tion to which such loan is made, the amount of stock held by him in such borrowing 
 corporation, the amount of such loan, the rate of interest thereon, the time when the 
 loan will become due, the amount, character and value of security given therefor and 
 the fact of final payment, when made, shall be forthwith reported in writing by the 
 cashier or secretary of such savings bank to the superintendent of banks. No loan 
 may be made to any corporation, a majority of the stock of which is owned or con- 
 trolled by any one or more of the directors or officers of such savings bank, except 
 with the previous consent of the superintendent of banks. 
 
 Loan to agent or employee. Record of loan. Report to superintendent of banks. 
 
 A loan may be made to any agent or employee, other than an officer or director, of 
 any saving's bank by such bank upon authorization of a majority of all. the directors 
 of such savings bank and an affirmative vote of all directors of such savings bank 
 present at the meeting authorizing such loan; provided, however, that such loan shall 
 in all respects conform to and comply with all other provisions of this act. Such 
 authorization shall be entered upon the records or minutes of such savings bank. The 
 fact of making such loan, the names of the directors authorizing such loan, the name of 
 the borrower, the nature of his employment, the amount of such loan, the rate of 
 interest /hereon, the time when the loan will become due, the amount, character and 
 value of the security given therefor, and the fact of final payment, when made, shall 
 be forthwith reported in writing by the cashier or secretary of such savings bank to 
 the sup'5rintendent of banks. Any officer or director of any savings bank, who know- 
 ingly procures a loan from such savings bank, contrary to the provisions of this 
 sectioD, shall be guilty of a felony. In case of the neglect or failure of the secretary 
 or cas'hier of any such bank to report to the superintendent of banks, as herein pro- 
 vided, any of the facts so required to be reported, or in case of the neglect or failure of 
 the secretary or cashier of any such bank to report to the superintendent of banks any 
 loan made contrary to the provisions of this section, the bank shall be liable therefor 
 and shall forfeit to the people of the state of California twenty-five dollars per day 
 for lach day, or part thereof, during which such neglect or failure continues.
 
 ISO B.VXKS AND BANKING. Act 409, §§ C6, «7 
 
 Not applicable to what corporation. 
 
 This section shall not apply to any loan made to a religious corporation, club, or 
 other membership corporation of which one or more directors, officers, agents or 
 employees of such savings bank may be members or officers, but in which they have no 
 financial interest. 
 
 Loans to director on security. 
 
 Loans may be made to any director, other than an officer, directly or indirectly, or 
 to any agent or employee of a savings bank on the security of United States bonds, 
 United States treasury certificates, or interest-bearing notes, or obligations of the 
 United States or those for which the faith and credit of the United States are pledged 
 for repayment of principal or interest, or those issued under authority of the United 
 States, notwithstanding anything in this section contained, and such loans may be 
 made in the usual manner of making loans in which no director of such bank is inter- 
 ested. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 642.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 169; June 3, 1915, Stats. 1915. 
 p. 1122; and May 17, 1917, Stats. 1917, p. 609. 
 
 No loan exceeding 50 per cent of stock. Eenewal of loan. 
 
 § 66. No savings bank shall hereafter make any loans to any person, firm, copartner- 
 ship or coriDoration to an amount exceeding 50 per centum of the actual paid-up capital 
 stock and surplus of such bank, or in the case of a bank organized without capital 
 stock, to an amount exceeding 50 per centum of the reserve fund of such bank; pro- 
 vided, however, that any savings bank having a paid-up capital and surplus of less than 
 fifty thousand dollars, but not less than twenty-five thousand dollars, may make any 
 such loan on real estate security to an amount not exceeding twenty-five thousand dol- 
 lars; and provided further, that any savings bank having a paid-up capital and surplus 
 of less than twenty-five thousand dollars may make any such loan on real estate security 
 to an amount not exceeding its paid-up capital and surplus, if each such loan in all 
 other respects conforms to the provisions of this act. The renewal or extension of any 
 loan heretofore legally made by any savings bank shall not be construed to be a "loan 
 hereafter made" within the meaning of the provisions of this section. The legality of 
 investments heretofore lawfully made pursuant to the provisions of this act as it existed 
 on and subsequent to July 1, 1909, shall not be affected by the provisions of this section. 
 For the purposes of this section an endorser or guarantor shall be deemed to be a 
 bori'ower. [Amendment of May 6, 1913. Stats. 1913, p. 170.] 
 
 Limitation on loans. 
 
 § 67. 1. No savings bank shall loan money except on adequate security of real or 
 personal property, and no such loan shall be made for a period longer than ten years. 
 No such loan shall be made on unsecured notes; provided, that a savings bank may 
 discount or purchase bankers' or trade acceptances, notes, drafts and bills of exchange 
 of the kind and character and maturities defined and made eligible for rediscount with 
 a federal reserve bank; provided, also, that the same are accei3ted or endorsed without 
 qualification by a bank or trust company, which bank or trust company has a paid-in 
 capital of at least one million dollars; and provided, also, that a savings bank may 
 discount or purchase a bill which must comply with the following requirements: 
 
 Requirements for bill of exchange. 
 
 (a) It must be a bill issued by a solvent individual or firm or corporation engaged 
 in mercantile or manufacturing business in the United States that makes statements of 
 its condition duly ascertained and certified to by a public accountant. Copy of such 
 a certified statement shall be on file in the office of the savings bank discounting or 
 purchasing such bill in a file maintained for such purpose. Said statement shall have
 
 Aot409, §C7 GENERAL LAWS. 1!)0 
 
 been issued within the preceding fourteen months and shMl be the latest issued by said 
 individual or firm or corporation. Said statement shall consist of a balance sheet 
 showing quick assets, slow assets, permanent or fixed assets, current liabilities and 
 accounts, short term loans, long term loans, capital and surplus. Accompanying said 
 balance sheet shall be a copy of a statement from the borrower or public accountant 
 concerning the following : 
 
 (1) The nature of the business. 
 
 (2) All contingent liabilities such, as endorsements or guarantees. 
 
 (3) Particulars respecting any mortgage debts and whether there is any lien on 
 current assets. 
 
 (4) The maximum and minimum liabilities of the individual, firm or corporation 
 during the twelve months previous to the date of audit. 
 
 (b) It must be issued by an individual, firm or corporation whose net worth is not 
 less than two times the amount of its outstanding liabilities, including any contingent 
 liabilities arising from the rediscount of bills receivable or other accommodation 
 endorsements, nor less than three hundred thousand dollars. The quick assets of said 
 individual, firm or corporation, consisting of merchandise, finished, raw, and in the 
 process of manufacture, accounts receivable, bills receivable, bonds or obligations of the 
 government of the United States at the then market value of said bonds or obligations 
 and cash, shall not be less than two times its outstanding quick liabilities including 
 any contingent liabilities arising from the rediscount of bills receivable or other 
 accommodation endorsements, as shown by said statement. 
 
 (c) It must have a maturity of not more than six months. 
 
 (d) It must have arisen out of actual commercial transactions; that is, be a bill which 
 has been issued or drawn for industrial or commercial purposes or the proceeds of 
 which have been or are to be used for such purposes. 
 
 Bills not eligible for discount or purchase. 
 
 No bill shall be eligible for discount or purchase by a savings bank, the proceeds of 
 which have been used or are to be used for any of the following purposes : 
 
 (1) For investments of a merely speculative character whether made in goods or 
 otherwise. 
 
 (2) Must not have been issued for carrying or trading in stocks, bonds or other 
 investment securities, except bonds of the government of the United States, and must 
 not cover merely investments. 
 
 (3) Must not be a bill of any individual, firm' or corporation which has under pledge 
 or hypothecation any of its personal assets. 
 
 The word "bill," when used in this section, shall be construed to include notes, 
 drafts, or bills of exchange, and the word ''goods" shall be construed to include goods, 
 wares or merchandise. 
 
 Credit reports. 
 
 Any savings bank purchasing or discounting such paper shall have a file maintained 
 for the purpose, letters from banks and merchants or mercantile reports bearing upon 
 the credit and standing of the person, firm, copartnership or corporation whose paper 
 is under discount. 
 
 Limitation on amount. 
 
 No savings bank shall at any time acquire or hold, directly or indirectly, by discount 
 or purchase, a combined total amount of bankers' and trade acceptances, drafts and 
 bills of exchange and bills of the character defined and limited by this section, greater 
 than twenty per centum of the deposits of such bank, nor shall any savings bank at 
 any time acquire or hold, directly or indirectly, by discount or purchase, an amount of
 
 191 BANKS AXD BAAKIJVG. Act 409. § 67 
 
 bills, of the character defined and limited by this section, greater than twelve and 
 one-half per centum of the deposits of such bank. No savings bank shall at any time 
 acquire or hold, directly or indirectly, by discount or purchase, any such bankers' or 
 trade acceptances, drafts and bills of exchange from any one acceptor in an amount 
 which shall exceed five per centum of the capital and surplus or reserve of such savings 
 bank nor shall any savings bank at any time acquire or hold, directly or indirectly, by 
 discount or purchase, any such bills of any one person, fixm, copartnership or corpora- 
 tion in an amount which shall exceed five per centum of the capital and surplus or 
 reserve of such savings bank. 
 
 Loans on bonds. 
 
 2. No savings bank shall invest or loan an amount greater than fifty per centum ol 
 its actual paid-up capital and surplus on any one note or bond issue of the class 
 specified in paragraph (h), or on the securities issued by any one mortgage insurance 
 company of the class specified in paragraph (k) of subdivision three of section sixty- 
 one of this act, nor more than five per centum of its assets on any one bond issue of any 
 other class, except bonds of the United States, or interest-bearing notes or obligations 
 of the United States, or bonds of the state of California, bonds for which the faith and 
 credit of the United States or of the state of California are pledged, or bonds of any 
 county, city and county, city or school district in this state, or bonds of any irrigatior 
 district such as are legal for investment by savings banks. 
 
 3. No savings bank shall loan money : 
 
 (a) On bonds of the character specified in paragraphs (a), (aa), (b), (c) and (d) 
 of subdivision three of section sixty-one of this act, or on bonds of the charactei 
 specified in paragraph (e) of subdivision three of section sixty-one of this act th^ 
 principal and interest of which are to be paid in whole or in part by taxes levied upon 
 the property in the district issuing such bonds, unless such bonds shall have a market 
 value at least ten per centum in excess of the amount loaned thereon ; or, 
 
 (b) On bonds of the character specified in paragraphs (f), and (g) or on bond3 
 or notes of the character specified in paragraph (i) of subdivision three of section 
 sixty-one of this act, when eligible as investments for savings banks pursuant to said 
 section, or on bonds of the character specified in pai'agraph (e) of subdivision three of 
 section sixty-one of this act other than those specified in the preceding paragraph of 
 this section, unless siuih bonds or notes shall have a market value at least fifteen per 
 centum in excess of the amount loaned thereon; or, 
 
 (c) On bonds legal for investment by savings banks in the states of New York or 
 Massachusetts, unless such bonds shall have a market value at least fifteen per centum 
 in excess of the amount loaned thereon; or, 
 
 (d) On» notes or bonds of the character specified in paragraph (h) of subdivision 
 three of section sixty-one of this act when certified as legal investments for savings 
 banks under the provisions of section sixty-one a or on securities of the character 
 specified in paragraph (k) of subdivision three of said section eligible for investment by 
 savings banks, unless such bonds, notes or securities shall have a market value at least 
 ten per centum in excess of the amoi;nt loaned thereon; or, 
 
 (e) On personal property unless such personal property shall have a market value 
 at least fifty per centum in excess of the amount loaned thereon ; or, 
 
 (f) On other bonds, or on capital stock of any corporation, unless such bonds or 
 stock shall have a market value at least fifty per centum in excess of the amount 
 loaned thereon; provided, however, that no loan shall be made upon the capital stock 
 of any bank unless such bank has been in existence at least two years and has earned 
 and paid a dividend on its capital stock.
 
 Act 409, § 68 GENE:RAL LAWS 19Z 
 
 Loans on real estate. 
 
 4. No savings bank shall make any loan on security of real estate, except it be a 
 first lien, and in no event to exceed sixty per centum of the market value of any real 
 estate taken as security except for the purpose of facilitating the sale of property 
 owned by such savings bank; provided, that a second lien may be accepted to secure 
 the repaj^ment of a debt previously contracted in good faith; and provided, also, that 
 any savings bank holding a first mortgage or deed of trust on real estate may take 
 or purchase and hold or loan upon another and immediately subsequent mortgage or 
 deed of trust thereon, but all such loans shall not exceed in the aggregate sixty per 
 centum of the market value of the real estate securing the same; provided, further, 
 that a savings bank may loan not to exceed ninety per centum of the face value of a 
 mortgage which constitutes a first lien upon real estate, but in no event shall any such 
 loan exceed ninety per centum of sixty per centum of the market value of the real 
 estate covered by said mortgage or deed of trust. 
 
 Loans on capital stock of corporations. 
 
 5. No savings bank shall loan to any one borrower on the security of the capital 
 stock of any corporation an amount exceeding ten per centum of the capital stock and 
 surplus of such savings bank; provided, that all loans on the capital stock of any one 
 corporation shall not exceed in the aggregate twenty-five per centum of the capital 
 stock and surplus of such savings bank. 
 
 No loans on mining stock. 
 
 6. No savings bank shall purchase, invest or loan its capital, surplus or the money of 
 its depositors, or any part of either, in mining ^hares or stock and any president or 
 managing officer who knowingly consents to a violation of any provision of this para- 
 graph shall be guilty of a felony. [Amendment of May 15, 1919. In effect July 22, 
 1919. Stats. 1919, p. 644.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 170; June 3, 1915, Stats. 1915, 
 p. 1123; and May 17, 1917, Stats. 1917, p. 595. 
 
 Total reserves of savings banks. Deposit of reserves. 
 
 § 68. Every savings bank or savings department of a bank shall at all times main- 
 tain total reserves equivalent to five per centum of the aggregate amount of its deposits, 
 exclusive of United States, postal savings bank, state, county and municipal, and other 
 public money deposits, which are secured as is required by law; at least two and one- 
 half per centum of such deposits shall be maintained as reserves on band, which shall 
 consist of gold bullion or any form of monej' or currency authorized by the laws of 
 the United States, and two and one-half per centum of such deposits may be maintained 
 as reserves on hand, which shall consist of bonds, or interest bearing obligations of the 
 United States, of gold bullion, or any form of money or currency authorized, by the laws 
 of the United States or may be maintained as reser^-es on deposit subject to call with 
 any reserve depositary provided for in sections twenty and forty-three of this act; 
 provided, however, that all or any part of the reserves maj' be deposited, subject to 
 call, with a federal reserve bank in the district in which such bank is located; provided, 
 also, that no savings bank or savings department shall be required to maintain reserves 
 on hand in excess of four hundred thousand dollars, and when such reserves on hand 
 reach that amount, the balance of total reserves necessary to make up the five per 
 centum may be kept as reserves on deposit, subject to call, with any reserve depositary 
 provided for in sections twenty and forty-three of this act. 
 
 Reserves of member of federal reserve bank. 
 
 Tf any bank shall have become a member of a federal reserve bank, it shall at all 
 times maintain the reserves required by the federal reserve act for time deposits, and
 
 1I»3 BANKS AND BANKING. Act 409, §§ GSVi-TO 
 
 in addition thereto shall be required to maintain a reserve of at least two per eentunri 
 of its aggregate deposits, exclusive of United States, postal savings, state, county and 
 municipal, and other public money deposits, which are secured as is required by law, 
 which two per centum shall consist of gold bullion, or any form of money or currency 
 authorized by the laws of the United States. 
 
 Failure to maintain reserves. 
 
 If any savings bank shall fail to maintain its total reserves in the manner authorized 
 by this section, it shall be subject to the penalty provided for in section twenty of this 
 act for commercial banks. 
 
 Dealings with commercial banks. 
 
 No new loan shall be made during any deficiency in the total reserves. Deposits with 
 any commercial bank, or commercial department of a bank, on open account, as pro- 
 vided in this section, shall be permitted and shall not be construed as loans. Not more 
 than five per centum of the deposits of any savings bank shall be deposited with any one 
 bank, except with the consent of the superintendent of banks. Not more than fifteen 
 per centum of the deposits of any savings bank shall be deposited with all commercial 
 banks, except with the consent of the superintendent of banks. No savings bank or 
 savings department shall receive deposits of other banks other than savings deposits 
 and such deposits shall not be treated or considered as a part of the reserves on deposit 
 of such depositing bank; provided, the sum so deposited shall not exceed thirty per 
 centum of the paid-in capital and surplus of the depositing bank nor more than fifteen 
 per centum of the paid-in capital and surplus of the depositary bank. [Amendment of 
 May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 647.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1007; May 6, 1913, Stats. 1913, 
 p. 171; June 3, 1915, Stats. 1915, p. 1125; and May 17, 1917, Stats. 1917, p. 611. 
 
 Deposits of deceased persons may remain in savings banks. 
 
 vj 681/^. AVhere a decedent, at the time of his or her death, left moneys on deposit 
 with a savings bank, it shall be lawful for any public administrator, who shall become 
 the administrator of the estate, to allow such deposit to remain in said savings bank, 
 and also, it shall be lawful for him to deposit therein to the account of said decedent, 
 any and all moneys of said estate not required for the current expenses of administra- 
 tion. Such deposit, whether made by the decedent or a public administrator, shall 
 relieve the public administrator from depositing the same with the county treasurer. 
 Moneys so deposited, Avhether by the decedent or by a public administrator, may be 
 drawn upon demand without notice, upon the order of said administrator, countersigned 
 by a judge of a superior court, when required for the purpose of administration or other- 
 wise. [New section approved April 21, 1911. Stats. 1911, p. 1007.] 
 
 Savings banks to be conducted under provisions of this act. 
 
 ^ 69. Every savings bank, and the business of every savings department of every 
 other bank> must be conducted under and in accordance with the provisions of this act. 
 
 Power to receive liberty bonds. 
 
 ^ 70. Every savings bank shall have power to receive as depositary, or as bailee for 
 safe keeping and storage, liberty bonds or other bonds or securities issued by the United 
 States government for war purposes or otherwise. [New section added May 15, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 648.J 
 
 Gen. Laws — 13
 
 Act 409, §80 GE^NKRAL. LAWS. fl94 
 
 AETICLE ILL 
 Commercial Banks. 
 S 80. Loans. 
 
 Without Security. 
 
 With Security. 
 
 Bills of Exchange. Restrictions Not Applicable To. 
 
 Liberty Bonds. Restrictions Not Applicable To. 
 
 Computing Liabilities to Bank. 
 § 81. Loans. 
 
 Securities of Corporations. 
 § 82. Capital Stock. 
 
 Jm Places of Not More Than 5000 Persons; 
 
 In Places of More Than 5000 and Not Over 25,000 Persons; 
 
 In Places of More Than 25,000 and Not Over 100,000 Persons; 
 
 In Places of More Than 100,000 and Not Over 200,000 Persons; 
 
 In Places of Over 200,000 Persons. 
 ( 83. Loans To. 
 
 Officer. 
 
 Director, Agent or Employee. 
 
 Report to Superintendent of Banks. 
 
 Penalty. 
 
 Not Applicable to Certain Corporations, Etc. 
 
 Corporations, Owned or Controlled by Directors. 
 Consent of Superintendent of Banks. 
 
 Directors, etc., on Security. 
 § 84. Investment in Building. 
 § 85. Funds Deposited, Limitation Or. 
 
 Loans of commercial banks. 
 
 § 80. No commercial bank shall make any loans, directly or indirectly, to any person, 
 firm, copartnership or corporation, in an amount which, including therein any extension 
 of credit to such person, firm, copartnership or corporation, by means of letters of 
 credit, or by acceptance of drafts for, or the discount or purchase of the notes, bills of 
 exchange or other obligations of, such person, firm, copartnership or corporation, shall 
 exceed the following percentage of its capital and surplus : 
 
 Without security. 
 
 1. Ten per centum without security, except where such capital stock and surplus 
 is not more than twenty-five thousand dollars, in which event an amount not to exceed 
 twenty per centum of such capital stock and surplus may be loaned without security, 
 and where such capital stock and surplus is greater than twenty-five thousand dollars 
 and does not exceed fifty thousand dollars, a sura not exceeding five thousand dollars 
 may be loaned without security. Nothing herein shall prohibit any commercial bank 
 from taking or receiving any kind, character or amount of security whatsoever, either 
 real or personal, for the protection of any loan made under the provisions of this subdi- 
 vision, but no such loan or any part thereof shall be considered or construed as a secured 
 loan unless the whole thereof is loaned upon security worth at least fifteen per centum 
 more than the amount of such loan; or, 
 
 With security. 
 
 2. Fifteen per centum, in addition to the amount that may be loaned under the pro- 
 visions of subdivision one of this section, upon security worth at least fifteen per 
 centum more than the amount of such loan so secured; provided, the total amount 
 which can be loaned under subdivisions one and two hereof can not exceed twenty-five 
 per centum in all ; provided, however, that a separate note or notes shall be taken for the 
 unsecured loans and a separate note or notes shall be taken for the securefl loans, and 
 the secured and unsecured loans shall not be combined in any way within one note, or 
 notes; or.
 
 lOU BANKS AXD BANKIIVG. Act 409. § 80 
 
 3. Twenty-five per centum upon security worth at least fifteen per centum mor< 
 than the amount of its loans so secured; provided, however, that when secured loana 
 to this amount or any amount in excess of fifteen per centum are made, then no 
 unsecured loans shall be permitted in addition to such secured loans; or, 
 
 Restrictions not applicable to bills of exchange. 
 
 4. Forty per centum, provided such loans are upon commercial or business paper 
 actually owned by the person negotiating the same to such bank, and are endorsed by 
 such person without limitation; provided, however, that in addition to the amounts 
 permitted to be loaned by subdivisions one, two or three of this section, an amount may 
 be loaned on the securities fixed by subdivision four of this section, which taken with 
 the amounts so permitted by said subdivisions one, two or three will not exceed forty 
 per centum; provided, also that the restrictions under this section shall not apply to 
 bills of exchange or drafts, with bills of lading attached, drawn in good faith against 
 actual existing values; provided, further, that any commercial bank, having first 
 obtained in writing the consent of the superintendent of banks so to do and under such 
 conditions and regulations as may be prescribed by him, may accept drafts or bills 
 of exchange drawn upon it running for a period of not longer than six months, but no 
 commercial bank shall accept such drafts or bills of exchange in an amount greater 
 at any time in the outstanding aggregate than one-half of its capital and surplus; but 
 such acceptance or acceptances must be drawn by a person, firm, copartnership or 
 corporation engaged in agricultural, industrial or commercial business directly con- 
 nected with the production, manufacture, purchase, sale or consignment of the goods 
 involved in the transaction in which the acceptance originated; provided, however, that 
 no such acceptance or acceptances to any one person, firm, copartnership or corporation 
 shall exceed ten per centum of the capital and surplus of such bank. 
 
 Restrictions not applicable to liberty bonds. 
 
 None of the limitations or restrictions contained in the previous subdivisions of thin 
 section shall applj'^ to loans, discounts or other extensions of credit secured by liberty 
 bonds or by other bonds or securities issued bj"^ the United States government, if the 
 market value of such libertj' bonds or other securities exceeds by ten per centum the 
 amount of any such loan, discount or other extension of credit. 
 
 Loans which are made upon security available for loans in a savitigs bank may be 
 made in a commercial bank upon the same margin of security as is permitted to savings 
 banks anything in this section to the contrary notwithstanding, and all such loans shall 
 be deemed to be secured loans within the meaning of this section. 
 
 Computing liabilities to commercial banks. 
 
 In computing the total liabilities of any person to a commercial bank there shall 
 be included all liabilities to the bank of any coioartnership or unincorporated associa- 
 tion of which he is a member, and any loans made for his benefit or for the benefit of 
 such copartnership or unincorporated association; of any firm, copartnership or unin- 
 coi^porated association to a commercial bank there shall be included all liabilities of its 
 individual members and all loans made for the benefit of such copartnership or 
 unincorporated association or any member thereof; and of any corporation to a com- 
 mercial bank there shall be included all loans made for the benefit of the corporation. 
 [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 649.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1014: May 6, 1913, Stata. 1913, 
 p. 172; June 3, 1915, Stats. 1915, p. 1126; and May 17. 1917, Stats. 1917, p. 611.
 
 Act 409, §§ SI -82 GENERAL LAWS. 196 
 
 Loans; securities of corporations. 
 
 $ 81. No loan shall be made by any commercial bank upon the securities of one or 
 more corporations, the payment of which is undertaken, in whole or in part, severally, 
 but not jointly, by two or more individuals, firms, or corporations : 
 
 (a) If the borrower or underwriters be obligated absolutely or contingently to pur- 
 chase the securities, or any of them, collateral to such loan, unless the borrowers or 
 underwriters shall have paid on account of the purchase of such securities an amount 
 in cash, or its equivalent, equal to at least twenty-five per centum of the several amounts 
 for which they remain obligated in completing the purchase of such securities ; 
 
 (b) If the commercial bank making such loan be liable, directly or indirectly, or con- 
 tingently, for the repayment of such loan or any part thereof; 
 
 (c) If its term, including any renewal thereof by agreement, express or implied, 
 exceed the period of one year; 
 
 (d) Or to an amount under any circumstances in excess of twenty-five per centum 
 of the capital and surplus of the commercial bank making such loan. 
 
 Capital stock. Not applicable to existing banks. 
 
 $ 82. Every commercial bank hereafter organized must have paid up in cash a capital 
 stock of not less than, 
 
 (a) Twenty-five thousand dollars if its principal place of business is located in any 
 locality the population of which does not exceed five thousand persons; 
 
 (b) Fifty thousand dollars if its principal place of business is located in any city the 
 population of which is more than five thousand persons but does not exceed twenty-five 
 thousand persons; 
 
 (c) One hundred thousand dollars if its principal place of business is located in any 
 city the population of which is more than twenty-five thousand persons but does not 
 exceed one hundred thousand persons; 
 
 (d) Two hundred thousand dollars if its principal place of business is located in any 
 city the population of which is more than one hundred thousand persons but does not 
 exceed two hundred thousand persons; 
 
 (e) Three hundred thousand dollars if its principal place of business is located in 
 any city the population of which is more than two hundred thousand persons. 
 
 The foregoing classification shall not apply to any commercial bank already in exist- 
 ence which has received its certificate to do a banking business from the superintendent 
 of banks ; nor to any bank the location of which shall have been included by annexation 
 or consolidation within the limits of a city of a class requiring a larger capitalization, 
 but no bank thus excepted shall be permitted to establish any new branch office as 
 provided in section nine of this act or to remove its place of business from the original 
 limits of the city or township wherein it was located prior to such annexation or con- 
 solidation until it shall have the capital required of banks in such city not within said 
 exception. Such excepted banks may not in any case decrease their capital stock but 
 may increase the same in the manner provided by law to an amount either greater or 
 less than that required of banks in such city not within said exception; provided, that 
 nothing herein shall be construed to affect the provisions of section nineteen of this act 
 relative to the proportion of capital and surplus to deposits or of section twenty-three 
 of this act relative to the capital stock required of banks doing a departmental business. 
 The provisions of section twenty-three of this act, as to population, shall apply to any 
 bank organized under the provisions of this section. [Amendment approved May 6, 
 1913. Stats. 1913, p. 173.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1014.
 
 197 BANKS AXD BANKING. Act 409, g 83 
 
 Loans to officer of commercial bank. Loans to director, agent or employee. Credit to 
 directors, etc. Report to superintendent of banks. Penalty. 
 
 § 83. No loan shall be made for himself or as agent or partner of another, directly 
 or indirectly, to any officer of any commercial bank by such bank or on the endorse- 
 ment, surety, or guaranty of any such officer; provided, that a loan may be made to 
 a corporation of which any officer of a commercial bank, proposing to make such loan, 
 is a minority stockholder, director, officer, agent or employee. Loans to anj' director, 
 agent or employee other than an officer, or to any firm, copartnership or corporation 
 of which any director, agent or employee other than an officer is a member, stock- 
 holder, director, officer, agent or other employee, or to any person, firm, copartnership 
 or corporation on the endorsement, surety, or guaranty of any such director other than 
 an officer, agent or other emploj^ee, can be made by any commercial bank; and pro- 
 vided, further, that a loan may be made or a line of credit may be given to any member 
 of an advisory board or body of a commercial bank, not otherwise an officer of such 
 bank, or a loan may be made to any firm, copartnership or corporation of which any 
 member of such advisory board or body is a member, stockholder, director, officer, agent 
 or other employee, or to any person, firm, copartnership, or corporation on the endorse- 
 ment, surety, or guaranty of any such member of such advisory board or body upon 
 such conditions as are herein fixed for a loan, directly or indirectly, or a line of credit 
 and the report thereof to any director of such bank. Loans herein authorized can be 
 made only on authorization of or confirmation within thirty days after making such 
 loan, by a majority of all the directors of such bank and the affirmative vote of all 
 directors of such bank present at the meeting authorizing or confirming such loan. 
 Such interested director shall not vote or participate in any manner in the action of 
 the board on such loan; provided, that by and with the consent of the superintendent 
 of banks previously obtained in writing, all directors may vote upon such a loan made 
 by one bank to another bank where the entire capital stock of one is owned by or held 
 in trust for the stockholders of the other bank and where all or a majority of the board 
 of directors of each of said banks are composed of the same persons. The board of 
 directors of any such bank may fix the total amount of credit that may at any one time 
 during the twelve months next succeeding be given to any director, agent, or other 
 employee, other than an officer, or to anj' firm, copartnership, or corporation in which 
 any director, agent, or other employee other than an officer is a member, stockholder, 
 director, officer, agent or other emploj^ee or to any corporation of which any officer of 
 a commercial bank, proposing to fix such total amount of credit, is a minority stock- 
 holder, director, officer, agent or employee, and any or all loans made within or up to 
 the total amount of such authorized credit may at any time during said twelve months 
 be renewed from time to time, in whole or in part, by the officers of the bank without 
 any further vote or action on the part of the board of directors. Each such authoriza- 
 tion shall be entered upon the records or minutes of said bank. No director shall vote 
 or participate in any manner in such action of the board fixing the total amount of 
 credit that may at any one time be given to himself or to any firm, copartnership or 
 corporation in which he is a member, stockholder, director, officer, agent or other 
 employee. The fact of making such loan, the names of the directors authorizing such 
 loan, the name of the director, agent or employee, obtaining such loan, or the name 
 of the firm, copartnership or corjioration in which such director, agent or employee is 
 interested, or the name of the corporation, of which any officer of a commercial bank 
 is a minority stockholder, director, officer, agent or employee, obtaining such loan, the 
 amount of such loan, the rate of interest thereon, the time when the loan will become 
 due, the amount, character and value of security given therefor, if any, and the fact 
 of final payment when made shall forthwith be reported in writing by the cashier or 
 secretarv of such bank to the superintendent of banks. In case a loan is made to a
 
 Act 409, § 84, 85 GENERAL LAWS. 198 
 
 corporation there shall be reported in the same manner the name of each director and 
 officer of such bank who is a member, stockholder, director, officer or employee of such 
 borrowing corporation and the amount of stock held by him in such borrowing corpora- 
 tion. All the provisions of this section relating to reports shall apply to the granting of 
 credit and all loans made under any credit given and payments made thereon shall also 
 be reported immediately after the same is made. In case of a loan made without the 
 previous authorization of the directors, the fact of making such loan shall forthwith be 
 reported and the action of the board of directors, in confirming or refusing to confirm 
 such loan within thirty days thereafter, and the fact of final payment when made shall 
 be reported in the same manner as herein required for loans made under previous 
 authorization. Any officer, director, agent, or employee of a commercial bank, who 
 knowingly procures a loan from such commercial bank contrary to the provisions of 
 this section, shall be guilty of a felony. In case of the neglect or failure of the secre- 
 tary or cashier of any such bank to report to the superintendent of banks, as herein 
 provided, any of the facts so required to be reported, or in case of the neglect or 
 failure of the secretary or cashier of any such bank to report to the superintendent of 
 banks any loan made contrary to the provisions of this section, the bank shall be liable 
 therefor and shall forfeit to tlie people of the state of California twenty-five dollars 
 per day for each day, or part thereof, during which such neglect or failure continues. 
 
 Not applicable to what corporations. 
 
 This section shall not apply to any loan made to a religious corporation, club, or 
 other membership corporation of which one or more directors, officers, agents or 
 employees of such commercial bank may be members or officers but in which they have 
 no financial interest. 
 
 Loan to corporation owned or controlled by directors. 
 
 No loan may be made to any corporation, a majority of the stock of which is owned 
 or controlled by any one or more of the directors or officers of such commercial bank, 
 except with the previous consent of the superintendent of banks. 
 
 Loans to directors, etc., on security. 
 
 Loans may be made to any director, other than an officer, directly or indirectly, or 
 to any agent or employee of a commercial bank, on the security of United States bonds. 
 United States treasury certificates, or interest-bearing notes, or obligations of the 
 United States, or those for which the faith and credit of the United States are pledged 
 for repayment of principal or interest, or those issued under authority of the United 
 States, notwithstanding anything in this section contained, and such loans may be made 
 in the usual manner of making loans in which no director of such bank is interested. 
 [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 650.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1015; May 6, 1913, Stats. 1913, 
 p. 174; June 3, 1915, Stats. 1915, p. 1127; and May 17, 1917, Stats. 1917, p. 613. 
 
 Investment in building. 
 
 § 84. No commercial bank shall invest an amount exceeding its paid-up capital and 
 surplus in the lot and building in which the business of the bank is carried on, furniture 
 and fixtures, vaults and safe deposit vaults and boxes necessary or proper to carry on 
 its banking business ; and hereafter the authority of a two-thirds vote of all the directors 
 shall be necessary to authorize the purchase of such lot and building or the construc- 
 tion of such building. [Amendment approved May 6, 1913. Stats. 1913, p. 175.] 
 
 This section was added to the act April 21, 1911, Stats. 1911, p. 1016. 
 
 Limitation on funds deposited by commercial bank. 
 
 § 85. The superintendent of banks shall have power to limit the amount of funds 
 that may be deposited by any commercial bank with any other commercial bank. 
 [New section added June 3, 19.15. In effect August 8, 1915. Stats. 1915, p. 1129.]
 
 199 BANKS AND BANKING. Act 409. § 9« 
 
 ARTICLE rv. 
 Trust Companies, 
 S 90. Tetjst Companies. 
 Qualifications. 
 Deposits, May Receive. 
 Segregation of Capital and Surplus. 
 
 In Cities of Less Than 100,000 Persons; 
 In Cities of More Than 100,000 Persona. 
 Separate Kinds of Capital. 
 Oath May Be Taken by OflScer For. 
 As Member of Federal Reserve Bank. 
 Foreign Corporation, Authority Of. 
 § 91. Deposit of Trust Funds by Executor. 
 § 92. Deposit of Trust Funds by Public Administeatob, 
 § 93. Court May Order Deposit. 
 § 94. No Bond Required. 
 § 95. Interest on Deposits. 
 § 96. Security Deposit With State Treasurer. 
 In Place Not Over 100,000 Persons; 
 In Place Over 100,000 Persons. 
 Securities. 
 
 Approval of Superintendent of Banks. 
 Exchange Of. 
 § 97. Mortgage of Building. 
 
 § 98. Trust Funds, Requirements as to Deposits Or, 
 Securities, Deposit of With State Treasurer. 
 When Trust Fund Amounts to $500,000; 
 When Trust Fund Amounts to $1,000,000. 
 Treasurer's Receipt. 
 "Trust Funds," Defined. 
 Penalty for Non-Compliance. 
 
 Validity of Act Not Affected by Non-Compliance. 
 § 99. Securities. 
 
 Evidence of Title to Accompany. 
 Fees to Be Paid by Company. 
 § 100. Repealed. 
 § 101. Classification. 
 Court Trust. 
 Private Trust. 
 
 When Court Trust Deemed to Include. 
 Inspection and Supervision. 
 
 Private Trusts Not Subject To. 
 Report to Superintendent or Banks. 
 Money in Escrow. 
 § 102. Discontinuance of Trust Business. 
 
 § 103. Communications and Writings as to Private Trust. 
 Inviolability Of. 
 Exceptions. 
 § 104. Repealed. 
 § 105. Investment of Capital. 
 
 § 106. Trust Company Doing Commercial or Savings Bank Business. 
 § 107. Departmental Business as Title Insurance and as Trust Compant, 
 
 Trust companies. May receive deposits. Segregation of capital and surplus in cities 
 of less than 100,000. In cities of more than 100,000. Separate kinds of capital. Oath 
 may be taken by officer. 
 § 90. Any corporation which has been or shall be incorporated under the laws of this 
 
 state, -wbich is authorized by its articles of incorporation to act as executor, adminis-
 
 Act 40!), goo GEXERAL, LAWS. 200 
 
 trator, guardian of estates, assignee, receiver, depositary or trustee, under appointment 
 of any court or by authority of any law of this state, or as trustee for any purpose 
 permitted by law, which has its principal place of business in a city in which the 
 poi^ulation does not exceed one hundred thousand persons and which has a capital of 
 not less than one hundred thousand dollars actually paid in, in cash, assigned 
 to or available for the purpose of conducting business in any such capacity, or trust 
 business of any character permitted by law, and which has made with the state treasurer 
 the deposit of money or securities of the character and in the amount required by the 
 terms of section ninety-six of this act, and which has received from the superintendent 
 of banks the certificate of authority required by the terms of section one hundred 
 twenty-seven of this act, to transact such business, and any corporation which has been 
 or shall be incorporated under the laws of this state, which is authorized by its articles 
 of incorjDoration to act as executor, administrator, guardian of estates, assignee, 
 receiver, depositary or trustee, under appointment of any court or by authority of any 
 law of this state, or as trustee for any purpose permitted by law, which has its prin- 
 cipal place of business in a city in which the population exceeds one hundred thousand 
 persons and which has a capital of at least two hundred thousand dollars actually paid 
 in, in cash, assigned to or available for the purpose of conducting business in any such 
 capacity, or trust business of any character permitted by law, and which has made with 
 the state treasurer the deposit of money or securities of the character and in the amount 
 required by the terms of section ninety-six of this act, and which has received from the 
 Superintendent of banks the certificate of authority reqxiired by the terms of section 
 one hundred twenty-seven of this act, to transact such business, may act, or may be 
 appointed by any court to act, in any such capacity in like manner as an individual and 
 when so qualified shall be known as a trust company. Any such trust company may, 
 as provided in this act, accept or receive any deposit of money or personal property 
 authorized, directed or permitted to be made Avith any such corporation by any court 
 or law of this state, and may accept and execute any trust provided for in this act, 
 or permitted by any law of this state, to be taken, accepted or executed by an individual. 
 Any such trust company, if located in a city the population of which does not exceed 
 one hundred thousand persons must segregate that portion of its capital and surplus 
 assigned to or available for its trust business and must apportion and set aside at 
 least fifty thousand dollars of such paid-up capital as security for the faithful per- 
 formance and execution of all private trusts accepted by it and must also apportion 
 and set aside at least fifty thousand dollars of such paid-up cajjital as security for the 
 faithful performance and execution of all court trusts accepted by it and whenever such 
 trust company shall, under the provision of sections ninety-six and ninety-eight of this 
 act, be required to make the first additional deposit of securities with the state treas- 
 urer, such trust company must also apportion and set aside an additional fifty thousand 
 dollars of paid-up capital as security for the faithful performance and execution of 
 all private trusts accepted by it and must also apportion and set aside an additional 
 fifty thousand dollars of paid-up capital as security for the faithful performance and 
 execution of all court trusts accepted by it, and any such trust company, if located 
 in a city, the population of which exceeds one hundred thousand persons, must segre- 
 gate that portion of its capital and surplus assigned to or available for its trust business 
 and must apportion and set aside at least one hundred thousand dollars of such paid-up 
 capital as security for the faithful performance and execution of all private trusts 
 accepted by it and must also apportion and set aside at least one hundred thousand 
 dollars of such paid-up capital as security for the faithful performance and execution 
 of all court trusts accepted by it; provided, that no such trust company shall at any 
 time be required to apportion and set aside any portion of its surplus as secux'ity for the 
 faithful performance and execution of such private trusts, nor shall it be prohibited 
 from so doing; and provided, further, that the respective amounts of capital or capital
 
 201 BANKS A^'D BANKIIVG. Act 409. 8 90 
 
 and surplus so apportioned and set aside shall be treated in all respects as the separate 
 capital or capital and surplus of each respective kind or class of business, as though 
 the same were conducted by separate and distinct corporations, and each shall be kept, 
 held, used and disposed of wholly for the exclusive benefit, protection and security of 
 the respective classes of trust business to which the same were respectively so appor- 
 tioned and set aside. In all cases in which it is required that an executor, administrator, 
 guardian of estates, assignee, receiver, depositary or trustee, shall qualify by taking 
 and subscribing an oath, or in which an affidavit is required, it shall be a sufficient 
 qualification by such corporation if such oath be taken and subscribed or such affidavit 
 be made by the president, vice president, secretary, manager, trust officer, assistant 
 trust officer or regularly employed attorney thereof, and such officer or employee shall 
 be liable for the failure of such trust company to perform any of the duties required 
 by law to be performed by an individual acting in like capacity and subject to like 
 penalties; provided, any such appointment as guardian shall apply to the estate only, 
 and not to the person. 
 
 Trust company as member of federal reserve bank. 
 
 Any trust company upon becoming a member of a federal reserve bank is authorized 
 and empowered: 
 
 To continue to administer, execute, enjoy and exercise all court and private trusts as 
 
 defined in the bank act, powers, rights, privileges, and other fiduciary relations, appoint- 
 ments and business it may have at the time of becoming such trust company member, 
 and also to take, execute and administer all new court and private trusts as defined in said 
 bank act, including the right to the appointment of all fiduciary capacities in which it 
 may be named in wills theretofore and thereafter executed and probated, and other 
 appointments, powers, privileges and business, of every kind and nature, as may be then 
 or thereafter permitted to, but subject to the same requirements and limitations as may 
 be imposed upon any corporation under all of the provisions of the bank act. 
 
 To hold, administer, execute, and in all respects generally handle, manage and dis- 
 pose of, without charge, restriction, limitation or impairment of any nature, all of its 
 investments, rights, interests, titles to property, contractual, legal and other rights, 
 obligations or liabilities, of every kind or nature, court and private trusts as defined 
 in the bank act, and other powers which it may be then permitted to exercise by law. 
 
 Authority of foreign corporation as trustee. 
 
 A foreign corporation may be authorized to act in this state as trustee for the follow- 
 ing purposes: 
 
 (1) To deliver bonds, and receive payment therefor. 
 
 (2) To deliver permanent bonds in exchange for temporary bonds of the same issue. 
 
 (3) To deliver refunding bonds in exchange for those of a prior issue or issues. 
 
 (4) To register bonds, or to exchange registered bonds for coupon bonds, or coupon 
 bonds for registered bonds. 
 
 (5) To pay interest on such bonds, and to take up and cancel coupons representing 
 such interest payments. 
 
 (6) To redeem and cancel bonds when called for redemption, or to pay and cancel 
 bonds when due. 
 
 (7) The certification of registered bonds for the purpose of exchanging registered 
 bonds for coupon bonds. 
 
 (8) To act as trustee under any mortgage, deed of trust, or other instrument secur- 
 ing notes or bonds issued by any corporation. [Amendment of May 15, 1919. In effect 
 July 22, 1919. Stats. 1919, p. G53.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 175; and June 3, 1917, Stats. 
 1917, p. 615.
 
 Act 409, 8§ 91-95 GENERAL LAWS. 202 
 
 Deposit of trust funds "by executor, etc. 
 
 $ 91. Any court having jurisdiction of any executor, administrator, guardian, assignee, 
 receiver, depositary or trustee, upon tlie application of any such oJBficer or trustee, or 
 upon the application of any person having an interest in the estate or property admin- 
 istered by such officer or trustee, after such notice to the other parties in interest as the 
 court may direct, and after a hearing upon such application, may authorize such officer 
 or tnistee to deposit any moneys then in his hands, or which may come into his hands 
 thereafter, until the further order of said court, with any such trust company, and upon 
 deposit of such money, and its receipt and acceptance by such trust company, the said 
 officer or trustee shall be discharged from further care or responsibility therefor. Such 
 deposit shall be paid out only upon the order of said court. [Amendment approved 
 May 6, 1913. Stats. 1913, p. 178.] 
 
 Deposit of trust funds by public administrator. 
 
 $ 92. Any public administrator may deposit any or all moneys of any estate upon 
 which he is administering, not required for the current expenses of such administration, 
 with any such trust company having its principal place of business in the county, or 
 city and county in which he is acting as such administrator. Any court having juris- 
 diction of an estate being administered by a public administrator, may direct such 
 administrator to deposit all or any part of the moneys of said estate with any such trust 
 company. Such deposit shall relieve the public administrator from depositing with the 
 county treasurer the moneys so deposited with such trust company. Moneys so depos- 
 ited by a public administrator may be drawn, upon the order of such administrator, 
 countersigned by a judge of the superior court, when required for the purposes of 
 administration, or otherwise. [Amendment approved May 6, 1913. Stats. 1913, p. 178.] 
 
 Court may order deposit. 
 
 § 93. Any court having jurisdiction of any estate in process of administration, or any 
 other proceeding, may, on application of any person interested therein, or the person 
 who has been selected by said court, or a judge thereof, as executor, administrator, 
 guardian, assignee, receiver, depositary or trustee, after such notice to the parties in 
 interest as the court shall direct, or without notice if all parties in interest consent 
 thereto, and a hearing on such application, order any executor, administrator, guardian, 
 assignee, receiver, depositary or trustee so selected or appointed, whether such person 
 has duly qualified or not to deposit with any such trust company, for safekeeping, such 
 portion or all of the personal assets of said estate as the court shall deem proper, and 
 upon such deposit being made, the court shall by an order of record reduce the bond to 
 be given or theretofore given by such officer or trustee, so as to cover only the estate 
 remaining in the hands of said officer or trustee; and the property so deposited shall 
 thereupon be held by such trust company, under the order and direction of said court. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 178.] 
 
 No bond required. 
 
 ^ 94. Such trust company shall not be required to give any bond or security in case 
 of any appointment or deposit of moneys or other personal assets hereinbefore pro- 
 vided for, except as provided in this act, but shall be responsible for all investments 
 which shall be made by it of the funds which may be entrusted to it for investment by 
 such court, and shall be liable to the same extent as an individual, and as hereinafter 
 provided. [Amendment approved May 6, 1913. Stats. 1913, p. 179.] 
 
 Interest on deposits. 
 
 ^ 95. Such trust company shall pay interest upon all moneys so deposited with it at 
 such rate as may be agreed upon at the time of its acceptance of any such deposit, or as
 
 203 BAXKS AXD BAXKING. Act 409, § 96 
 
 shall be provided bj' the order of court and agreed to by such trust company. [Amend- 
 ment approved May 6, 1913. Stats. 1913, p. 179.] 
 
 Security deposit with state treasurer. Securities acceptable. 
 
 ^ 96. Any such trust company, if its principal place of business is situated in a city 
 the population of which does not exceed one hundred thousand persons, before accept- 
 ing any such appointment or deposit, shall deposit with the state treasurer, as herein 
 provided, at least fifty thousand dollars as security for the faithful performance and 
 execution of all court trusts accepted by it, and shall also deposit with the state 
 treasurer at least fifty thousand dollars as security for the faithful performance and 
 execution of all private trusts accepted by it; and whenever any such trust company 
 shall under the provisions of section ninety-eight of this act be required to make the 
 first additional deposit of securities with the state treasurer such trust company must 
 also deposit with the state treasurer an additional fifty thousand dollars as security for 
 the faithful performance and execution of all private trusts accepted by it; and any 
 trust company if its principal place of business is situated in a city the population of 
 which exceeds one hundred thousand persons, before accepting any such appointment 
 or deposit, shall deposit with the state treasurer, as herein provided at least one hun- 
 dred thousand dollars, as security for the faithful performance and execution of all 
 court trusts accepted by it, and shall also deposit with the state treasurer at least one 
 hundred thousand dollars as security for the faithful performance and execution of all 
 private trusts accepted by it. Any such deposit may be made either in lawful money 
 of the United States, or in securities of either or any of the following classes: 
 
 (a) Bonds issued by the United States or bj'^ this state or by any county, city and 
 county, city or school district of this state, or bonds of any irrigation district such as 
 are legal for investment by savings banks; 
 
 (b) Bonds for the payment of which the faith and credit of the United States or of 
 this state are pledged; 
 
 (c) Notes or bonds secured by mortgage or deed of trust constituting a first lien on 
 improved and productive real estate in the state of California; such imj^roved real 
 estate being worth at least double the amount of such lien. 
 
 (d) Notes or bonds secured by mortgage or deed of trust, payment of which ia 
 guaranteed by a policy of mortgage insurance, and mortgage participation certificates, 
 issued by a mortgage insurance company in accordance with the provisions of chapter 
 VIIT of title II of part IV of division first of the Civil Code; provided, that such notes 
 or bonds shall constitute, and such mortgage participation certificates shall evidence the 
 ownership of, or participation in, notes or bonds which constitute, a first lien on 
 improved and productive real estate in the state of California, such improved real estate 
 being worth at least double the amount of such lien. 
 
 Approval by superintendent of banks. Exchange of securities. 
 
 Such money or securities shall be first approved by the superintendent of banks and, 
 upon his written order, deposited with the state treasurer for the respective purposes 
 herein specified, and said treasurer shall give his receipt therefor, and thereafter, sub- 
 ject to the provisions of this act, shall hold such deposits of money or securities 
 separately, each for the sole benefit of the beneficiaries of the class of trust business, 
 for the security and protection of which the same was deposited, and said treasurer 
 shall give his receipt therefor and the state shall be responsible for the custody and 
 safe return of any money or securities so deposited. Said securities or money so 
 deposited may with the approval of the superintendent of banks, be withdrawn or 
 exchanged from time to time for other like securities, or lawful money, receivable as 
 aforesaid, and so long as the trust company so depositing said money or securities 
 shall continue solvent, it shall have the right and shall be permitted by the state treas-
 
 Act 409, g§S7, 98 GENERAL. LAWS. 204 
 
 urer to receive the interest and dividends on any securities so deposited. Said securi- 
 ties and money shall be subject to sale and transfer, and to the disposal of the proceeds 
 by said treasurer, only on the order of a court of competent jurisdiction and for the 
 benefit respectively of the beneficiaries of that class of trust business for the security 
 and protection of which the same were deposited. [Amendment of June 3, 1915. In 
 effect August 8, 1915. Stats. 1915, p. 1129.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1016; and May 6, 1913, Stats. 
 1913, p. 179. 
 
 Mortgage of building. 
 
 ^ 97. Any such trust company, having a capital and surplus of two hundred thousand 
 dollars or more apportioned and set aside as security for the faithful performance and 
 execution of all court trusts accepted by it, as provided in this act, and which is wholly 
 or in part invested in the lot and building in which its business is carried on, may be 
 permitted by the superintendent of banks to mortgage such lot and building to the state 
 treasurer for such sum, up to its full market value, as the superintendent of banks may 
 determine, and such mortgage may be deposited with said treasurer, and when so depos- 
 ited it shall be included in the amount of securities herein required to be deposited with 
 said treasurer as security for the faithful performance of all such court trusts. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 180.] 
 
 When trust funds amount to $500,000. When trust funds amount to $1,000,000. Treas- 
 urer's receipt. "Trust funds." Penalty. Withdrawal of securities. Validity of act. 
 
 § 98. Whenever any trust company, the principal place of business of which is 
 located in a city the population of which does not exceed one hundred thousand persons, 
 receives from court trusts accepted by it, trust funds, as herein defined, to the amount 
 of five hundred thousand dollars, it shall forthwith notify in writing the superintendent 
 of banks of such fact, and within thirty days thereafter shall deposit with the state 
 treasurer additional money or securities of the character mentioned and defined in 
 section ninety-six of this act, approved as therein provided, in the amount of fifty 
 thousand dollars; and whenever any trust company receives from court trusts such 
 funds to the amount of one million dollars it shall further notify in writing the super- 
 intendent of banks of such fact and within thirty days thereafter shall deposit with the 
 state treasurer additional money or securities of the character mentioned and defined 
 in section ninety-six of this act, approved as therein provided, in the amount of fifty thou- 
 sand dollars ; and for each additional five hundred thousand dollars of such trust funds 
 thereafter received by any trust company from court trusts a similar notification in writ- 
 ing shall forthwith be given to the superintendent of banks, and a further deposit in the 
 amount of twenty-five thousand dollars of such money or securities or of securities pro- 
 vided for in section ninety-seven of this act likewise approved, shall be made, within 
 thirty days thereafter, but such trust company Avith said state treasurer, until five 
 hundred thousand dollars of such securities have been so deposited. The treasurer shall 
 give his receipt for any money or securities so deposited and each and all of such 
 deposits of money or securities, shall be held by said state treasurer for the sole benefit 
 of the beneficiaries of the class of business for the security and protection of which 
 same were deposited. The state shall be responsible for the custody and safe return 
 of any money or securities so deposited with said state treasurer. The term "trust 
 funds" when used in this section shall be deemed to mean and shall mean personal 
 property and cash, whether received with the original trust property or as rent, income 
 or proceeds thereof, or otherwise, in connection with the trust, and shall not be deemed 
 to include and shall not include real property. Any trust company failing to comply 
 with the provisions of this section shall forfeit to the state of California one hundred 
 dollars a day for each day during which such failure or default shall continue. Upon
 
 -»5 BANKS AND BANKING. Act 409, §g 9»-l(H 
 
 making a request in writing to the superintendent of banks, any such trust company 
 shall be entitled to withdraw from the state treasurer, from time to time, a sufficient 
 amount of such securities so that at all times the amount of such securities so deposited 
 shall conform to the requirements of this act, and so that at no time shall such trust 
 company be required to have on deposit with the state treasurer an amount of securities 
 in excess of the requirements of this act. Upon receiving such request in writing, and 
 satisfactory proof of the facts warranting such withdrawal, it shall be the duty of the 
 superintendent of banks to forthwith deliver to the state treasurer a written order 
 directing the withdrawal of said securities so as to conform with the provisions of this 
 section, and it shall be the duty of the state treasurer to comply with such written order. 
 The validity or legality of any act or proceeding done or taken by any such trust com- 
 pany, relating to or in connection with the administration of any such trusts, shall not 
 be affected or impaired by the neglect or failure of such trust company, or of any 
 officer or employee thereof, to comply with any of the provisions of this act, but all 
 such acts and proceedings done or taken prior to the revocation of its certificate of 
 authority to do such business by the superintendent of banks, under the provisions of 
 this act, or the revocation by any court or judge thereof of the appointment, order or 
 decree theretofore entered in such trust matter shall be as valid and effective for all 
 purposes as if any such neglect or failure had not occurred. [Amendment of May 17, 
 1917. In effect July 27, 1917. Stats. 1917, p. 617.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 181; and June 3, 1915, Stats. 
 1915, p. 1130. 
 
 Evidence of title to accompany securities. Fees. 
 
 6 99. When any part of the securities so deposited with the state treasurer consists 
 of notes or bonds secured by mortgage or deed of trust, it shall be accompanied by a 
 "Registrar of Titles" certificate as to the condition of the title if the notes or bonds^ 
 are secured by mortgages covering property which has been brought under the operatior 
 of the Land Title Law, commonly called the Torrens Title Law, or a policy of mortgage 
 insurance, or a complete abstract of title or an unlimited certificate of title or a policy 
 of title insurance prepared or issued by a person, company or corporation designated 
 or approved by the superintendent of banks and authorized by law or otherwise found 
 by the superintendent of banks to be competent to issue such evidence of title, which 
 shall be examined and approved by or under the direction of said superintendent of 
 banks. The fees for an examination of such evidence of title by council to be paid 
 by the trust company making the deposit shall not exceed twenty dollars for each 
 title examined, and the fee for each appraiser not exceeding two, shall not exceed five 
 dollars for each mortgage or deed of trust. [Amendment of May 3, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 185.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 182; and June 3, 1915, Stats. 
 1915, p. 1132. 
 
 Paid-up capital required. 
 
 ^ 100. Repealed May 6, 1913. Stats. 1913, p. 182. 
 Classification of trusts. 
 
 § 101, For the purposes of this act, all trusts permitted to be accepted or executed 
 by any trust company, under any provision of this act are hereby classified and defined 
 as either: 
 
 (a) Court trusts; or, 
 
 (b) Private trusts. 
 
 Court trusts. 
 
 A court trust is one in which any such trust company acts under appointment, order 
 or decree of any court, as executor, administrator, guardian, assignee, receiver, deposi-
 
 Act 409, 8 102 GE:NKRAL. LAWS. 206 
 
 tary or trustee, or in which it receives on deposit from a public administrator, under 
 any provision of this act, or from any executor, administrator, guardian, assignee, 
 receiver, depositary or trustee, under any order or decree of any court, money or 
 property. 
 
 Private trust. When court trust deemed to include private trust. 
 
 Any other trust is a private trust; provided, that the creator of any private trust 
 of which a trust company shall be made, or at any time come to be, the trustee, may, 
 at the time of the creation of such trust, or the creator of any such private trust, or 
 his successors in interest, and the beneficiaries thereof may, at any time, by their joint 
 consent, direct that such trust shall be subject to and entitled to the benefit of all of the 
 provisions of this act relating to court trusts and thereafer such trust shall for all the 
 purposes of this act be deemed to be a court trust and wherever in this act the words 
 "court trust" are used they shall be deemed to include private trusts which are subject 
 to supervision except in so far as any of the provisions of this act relating to court 
 trusts may, by their nature, be inapplicable to such private trust. Such direction shall 
 be in writing addressed to the trustee and a copy thereof, certified by the trustee, 
 delivered to the superintendent of banks. 
 
 Inspection and supervision. 
 
 In case such direction shall be made after the acceptance of the trust, the trustee 
 shall have the right to resign as such and a new trustee shall be appointed as provided 
 in the trust instrument or by law* The inspection and supervision of the superintendent 
 of banks shall extend only to court trusts as herein defined and to private trusts sub- 
 jected to the provisions of this act relating to court trusts as above provided. 
 
 Private trusts, except as in this section provided, shall not be subject to the inspec- 
 tion or supervision of the superintendent of banks, his attorneys, examiners or other 
 assistants. 
 
 Additional matters in reports to superintendent of banks. 
 
 In making the reports to the superintendent of banks required by this act, every trust 
 company shall, in addition to the other facts to be reported by it, furnish only a list 
 and brief description of the court trusts and private trusts, which are subject to 
 supervision, held by it, the source of appointment thereto, the authority by which the 
 appointment or deposit was made, and the amount of real or personal property held 
 by such trust company by virtue thereof. 
 
 Receiving money in escrow. 
 
 Nothing in this act contained shall make it unlawful for any person or corporation 
 not subject to the supervision of the superintendent of banks to engage in the business 
 of receiving and holding in escrow money or its equivalent pending investment in real 
 estate or securities for or on account of his or its principal, or of acting as trustee 
 under deeds of trust given solely for the purpose of securing obligations for the repay- 
 ment of money other than corporation bonds. [Amendment of June 3, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 1132.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 182. 
 
 Discontinuance of trust business. 
 
 § 102. Any corporation which desires to withdraw from and discontinue doing a 
 trust business shall furnish to the superintendent of banks satisfactory evidence of its 
 release and discharge from all the obligations and trusts hereinbefore provided for, and 
 thereupon the superintendent of banks shall revoke his certificate of authority to do a 
 trust business theretofore issued to such corporation, and the state treasurer shall 
 return to said corporation all the securities deposited by such corporation and shall
 
 20T BANKS AND BANKING. Act 409, §§ 103-107 
 
 cancel any mortgage made by such corporation to said state treasurer as a part of such 
 securities and thereafter such corporation shall not be permitted to use and shall not 
 use the word ** trust" in its corporate name or in connection with its business. [Amend- 
 ment approved May 6, 1913. Stats. 1913, p. 183.] 
 
 Secrecy of communications concerning private trusts. 
 
 § 103. Any trust company exercising the powers and performing the duties provided 
 for in this act, shall, except as herein otherwise provided, keep inviolate all communica- 
 tions and writings made to or by said trustee touching the existence, condition, man- 
 agement and administration of any private trust confided to it; and no creditor or 
 stockholder of any such trust company shall be entitled to disclosure or knowledge of 
 any such communication or writing; provided, however, that the president, vice-presi- 
 dent, manager, trust officer, secretary or regularly employed attorney of any such trust 
 company shall be entitled to knowledge of any such communication or writing; and pro- 
 vided further, that in any suit or proceeding touching the existence, condition, manage- 
 ment or administration of any such trust, the court wherein the same is pending may 
 require disclosure of any communication or writing. [Amendment approved May 6, 
 1913. Stats. 1913, p. 183.] 
 
 Word "trust" prohibited to whom. Effect of use of word "trust." 
 $ 104. Repealed May 6, 1913. Stats. 1913, p. 183. 
 
 Investment of capital, etc. 
 
 § 105. Every trust company shall, except as otherwise provided by law, invest its 
 capital and surplus and any trust funds received by it in connection with its trust busi- 
 ness, in accordance with the laws relative to the investment or loan of funds deposited 
 with savings banks, unless a specific agreement to the contrary is made between the 
 trust company and the party creating the trust, or unless it is otherwise ordered by 
 the court, in connection with any court trust. [Amendment approved May 6, 1913. 
 Stats. 1913, p. 183.] 
 
 Trust company doing commercial business. 
 
 $ 106, Any such trust company desiring to do, or doing, a commercial banking busi- 
 ness or a savings bank business, or both, in addition to its trust business shall have 
 actually paid up, in cash, the amount of capital provided in section twenty-three of this 
 act. Any title insurance company authorized by its articles of incorporation to do, or 
 doing a trust business, in addition to its title insurance business, shall comply with all 
 the requirements of any law governing trust companies, and shall have a capital stock 
 actually paid in, in cash, of not less than two hundred thousand dollars, and in addition 
 thereto, the capital stock required by law for doing a title insurance business. Such 
 capital for each such department or class of business shall be increased from time to time 
 in the same manner and to the same extent as though each such department or class 
 of business was conducted by a separate bank, trust company or title insurance com- 
 pany, instead of as separate departments or classes of business. Any trust company 
 and any title insurance company doing a departmental business as above provided shall 
 comply with the provisions of this act governing each of such departments and with the 
 provisions of any law governing each such class of business as to its deposits, reserve, 
 surplus, investments and loans. [Amendment approved May 6, 1913. Stats. 1913, 
 p. 184.] 
 
 Departmental business as title insurance company and as trust company. 
 
 § 107. Any corporation doing a departmental business as a title insurance company 
 and as a trust company, shall, as to its tnist department, be subject to the supervision 
 and inspection of the superintendent of banks, and as to its trust department must make
 
 Act 409, § 107 GENERAL LAWS. 20S 
 
 all reports to the superintendent of banks required to be made by trust companies by the 
 provisions of this act, and as to its trust department such corporation shall also be 
 subject to, and shall have the benefit of all other provisions and requirements of this 
 act applicable to trust companies, and shall also be subject to and shall have the benefit 
 of all of the banking laws and rules and regulations of the banking department of this 
 state applicable to trust companies. The proportionate part of the 'state banking fund 
 provided for by section one hundred twenty-three of this act, that shall be payable by 
 such corporation, shall be based on the amount of capital and surplus of such corpora- 
 tion apportioned to its trust department. [New section approved May 6, 1913. Stats. 
 1913, p. 184.] 
 
 AETICLE V 
 State BanMng Department, 
 
 5 120. Superintendent Appointed by Governob, 
 § 121. Employees. 
 
 Compensation. 
 
 Vacancies. 
 
 Borrowing From Banks Forbidden. 
 
 % 122. Principal Office. 
 
 § 123. State Banking Fund Created. 
 
 Proportionate Payment by Each Bank. 
 Revolving Fund. 
 I 124. Inspection of Banks. 
 Extra Examinations. 
 Administration of Oaths. 
 Audit. 
 I 125. Examiner, Oath of Office Of. 
 § 126. Neglect of Duty. 
 § 127. Organization of Banks. 
 
 Written Consent of Superintendent of Banks. 
 
 Certificate. 
 
 Examination of Capital, Etc. Fee. 
 
 § 128. Organization of Banks. 
 
 Certificate of Authorization, Issue Of. 
 § 129. Eeports of Bank Doing Departmental Business. 
 § 130. Report to Superintendent of Banks. 
 
 Foreign Corporations. 
 
 § 130a. Special Reports. 
 
 § 131. Number of Reports Annually. 
 
 § 132. Statement. 
 
 Publication. 
 Contents. 
 § 133. Impaired Capital. 
 Assessment. 
 
 Sale of Stock. 
 Public. 
 Private. 
 § 134. Violation of Law by Bank. 
 
 § 135. Stockholders' Meeting, Superintendent ot Banks May Cai^ 
 § 135a. Action to Dissolve Bank for Violation of Law. 
 § 136. Superintendent May Take Possession of Bank VioLATiNa Law. 
 Resumption of Business. 
 Collection of Debts. 
 Action Against Stockholders. 
 Liquidation and Distribution or Assets. 
 § 136a. Bank Ceasing to Exist. 
 § 136b. Jurisdiction in Superior Couet. 
 § 137. Right to Dissolve. 
 
 Discharge op Receiver. 
 Unclaimed Moneys Escheat, 
 Investment Of.
 
 209 BANKS AND BANKING. Act 409, §§ 120, 121 
 
 § 138. Penalty for Failure to Eepokt. 
 § 139, Board of Directors. 
 
 Duty of. 
 
 Keport Of. 
 Contents. 
 
 No Examination Made. 
 
 Special Examination by Superintendent of Banks. 
 
 Eeport. 
 § 140. Eeport of Superintendent to Governoe. 
 § 141. Weekly Bulletin Posted. 
 
 Items Of. 
 
 File Of. 
 § 142. Eecords Deemed Public Documents. 
 
 Official Eepobts Prima Facie Evidence. 
 
 § 143. liEPEALED. 
 
 § 144. Action to Eecover Forfeitures. 
 
 Fines May be Compromised. 
 § 145. Powers Abridged, Enlarged or Modified. 
 § 146. Conflicting Laws Eepealed. 
 § 147. Act Takes Effect, When. 
 
 State banking department superintendent appointed "by governor. 
 
 <J 120. There is hereby ci'eated a state banking department. The chief oflScer of such 
 department shall be the superintendent thereof, and be known as the superintendent of 
 banks. He shall be appointed by the governor, and shall hold office at the pleasure of 
 the governor. He shall not, either directly or indirectly, be interested in any commer- 
 cial bank, savings bank or trust company, or as an individual banker. He shall receive 
 an annual salary of ten thousand dollars, to be paid monthly out of the state treasury 
 on a warrant of the controller. He shall, within fifteen days from the time of notice 
 of his appointment, take and subscribe to the constitutional oath of office, and file the 
 same in the office of the secretary of state, and execute to the people of the state a 
 bond in the penal sum of fifty thousand dollars, with corporate surety or two or more 
 sureties to be approved by the governor of the state, conditioned for the faithful dis- 
 charge of the duties of his office. [Amendment approved February 6, 1911. Stats. 
 1911, p. 7.] 
 
 Employees of superintendent of banks. Compensation. In case of vacancy. Not to 
 
 borrow from banks. 
 
 $ 121. The superintendent of banks shall employ a chi§f deputy, attorney and such 
 examiners and other assistants as he may need to discharge in a proper manner the 
 duties imposed upon him by law, none of which examiners or assistants or attorne)' 
 shall be interested in any bank in this state as director, stockholder, officer or employee, 
 and they shall perform such duties as he shall assign to them. He shall fix the com- 
 pensation of the chief deputy, attorney, examiners and other assistants, which compen- 
 sation shall be paid monthly on his certificate and on the warrant of the controller 
 out of the state treasury. The chief dejouty shall within fifteen days from the time of 
 his appointment take and subscribe to the constitutional oath of office and file the same 
 in the office of the secretary of state. No person shall be appointed a chief deputy 
 who has not had at least three years' active banking experience, either as an executive 
 officer or employee of some bank in this state. In case of the absence or inability to 
 act, or vacancy in the office of the superintendent of banks for thirty consecutive days, 
 tjie chief deputy shall execute to the people of the state a bond in the penal sum of 
 fifty thousand dollars, with corjiorate surety or two sureties to be approved by the 
 controller and treasurer of the state, conditioned for the faithfvd discharge of the 
 duties of the superintendent while such deputy acts as superintendent, and upon filing 
 such bond such deputy shall have all the power and duties of superintendent of banks, 
 until the inability of the superintendent shall be removed, or until a new superin- 
 
 Gen. Laws — 14
 
 Act 409, §§ 122, 124 GEXERAL, LAWS. 210 
 
 tendent of banks shall have been appointed by the governor. No superintendent of 
 banks, chief deputy, or bank examiner, shall be or shall become indebted, directly or 
 indirectly, either as borrower, endorser, surety, or guarantor, to any bank under his 
 supervision or subject to his examination. [Amendment approved May 6, 1913. Stats. 
 1913, p. 184.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1017. 
 
 Principal office. 
 
 $ 122. The superintendent of banks shall have his principal oflSce in the city of San 
 Francisco, and may also have suitable rooms in the city of Los Angeles, wherein to 
 conduct the business of the state banking department. The superintendent shall, from 
 time to time, obtain the necessary furniture, stationery, fuel, lights, and other proper 
 conveniences for the transaction of such business; the expense of which shall be paid 
 out of the state treasury on the certificate of the superintendent and the warrants of the 
 controller. 
 
 State banking fund created. Proportionate payment of each bank into fund. Revolv- 
 ing fund. 
 
 § 123. A fund is hereby created to be known as the state banking fund, and out 
 of said fund shall be paid all the expenses incurred in and about the conduct of the 
 business of the banking department, including the salary of the superintendent, chief 
 deputy, attorney', examiners and other assistants, traveling expenses, furnishing of 
 rooms and rent. Each bank shall pay annually its share of one hundred and ten 
 thousand dollars, to be determined by the proportion which the capital and surplus 
 which shall include all reserve and contingent funds, of any incorporated bank or the 
 surplus, reserve and contingent funds of any bank organized without a capital stock 
 bear to the capital, surplus, reserve and contingent funds in the aggregate of all such 
 banks receiving certificates of authorization from the superintendent of banks, as 
 shown by the last report of such bank to the superintendent of banks; provided, that 
 the superintendent of banks may, in any fiscal year and in the exercise of his discre- 
 tion, collect from each bank a less sum to be determined by the proportion established 
 in this section, if such less sum be sufficient to pay all the expenses incurred in and 
 about the conduct of the business of the banking department, including the salary of 
 the superintendent, chief deputy, attorney, examiners and other assistants, traveling 
 expenses, furnishing of rooms and rent. All money collected or received by the super- 
 intendent of banks, under and by virtue of the provisions of this act, shall be by him 
 delivered to the treasurer of the state, who shall deposit the same to the credit of 
 said banking fund, and the unexpended balance of all moneys heretofore paid into the 
 state treasury by any of the bank commissioners or the superintendent of banks, shall 
 be retained and become a part of said fund ; provided, however, that the superintendent 
 shall have authority to retain in his possession and under his control the sum of two 
 thousand dollars to be used by him as a revolving fund for the benefit of the state 
 banking department until the end of the fiscal year at which time he shall make full 
 settlement with the treasurer of the state. If any such bank shall fail to pay such 
 charges as are herein required, the superintendent shall forthwith cancel the certificate 
 of said bank. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 655.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1015; and May 6, 1913, Stats. 
 1913, p. 185. * 
 
 Inspection of banks. Extra examinations. May administer oaths. Audit. 
 
 § 124. Every bank and the trust department of every title insurance comjDany doing 
 a trust business, shall be subject to the inspection of the superintendent of banks. 
 The superintendent of banks, the chief deputy, or some competent person or person.^
 
 811 DAXKS AXD BAXKIXG. Act 409, §§ 125, 126 
 
 to be appointed by the superintendent of banks, to be known as examiners, shall visit 
 and examine every bank at least once each fiscal year. On every such examination 
 inquiries shall be made bj^ him as to the condition and resources of the bank, the mode 
 of conducting and managing its affairs, the action of its directors, the investment and 
 disposition of its funds, the safety and prudence of its management, the security 
 afforded to those by whom its engagements are held and whether the requirements of 
 its articles of incorporation and the law have been complied with in the administration 
 of its affairs, and as to such other matters as the superintendent may prescribe. 
 Whenever, in the judgment of the superintendent of banks, the condition of any bank 
 renders it necessary or expedient to make an extra examination or to devote any 
 extraordinary attention to its affairs the superintendent of banks shall have authority 
 to make any and all necessary extra examinations and to devote any necessary extra 
 attention to the conduct of its affairs; and such bank shall pay for all such extra serv- 
 ices rendered by the superintendent of banks at a price to be fixed by the superintendent 
 of banks but not to exceed twenty dollars per day for the examination of the principal 
 oflBee of such bank and twenty dollars a day for the examination of each branch office 
 of each bank. The superintendent of banks shall also have power to examine, or cause 
 to be examined, every agency located in this state of any foreign bank or banking cor- 
 poration, for the purpose of ascertaining whether it has complied with the laws of this 
 state, and for such other pui-poses and as to such other matters as the superintendent 
 may prescribe. The superintendent, chief deputy, and every such examiner shall have 
 the power to administer an oath to any person whose testimony he may require on the 
 examination of any bank, or on the examination of any agency of any foreign bank or 
 banking corporation, and to compel appearance and attendance of any such person for 
 the purpose of any such examination. When a bank shall have been examined by any 
 examiner, and he finds securities therein which are, in his judgment, of doubtful value, 
 he shall report the same to the superintendent of banks, who thereupon shall be 
 authorized to employ appraisers at the expense of such bank to appraise said securities, 
 at a compensation to be fixed by the superintendent of banks. The superintendent 
 of banks shall, whenever required to do so by any bank, provide an auditor to make 
 an audit of the affairs of such bank. The compensation for making such audit shall 
 be paid by the bank direct to the person making the audit. Nothing herein shall be 
 deemed to authorize or require the superintendent of banks to inspect or sujjervise the 
 private trust business or title insurance business of any corporation doing a trust busi- 
 ness. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 656.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1016; and May 6, 1913, Stats. 
 1913, p. 186. 
 
 Examiner: oath of office of. 
 
 $ 125. Every examiner appointed by the superintendent of banks shall, before enter- 
 ing upon the discharge of his duties, take the constitutional oath of office and cause 
 the same to be filed in the office of the secretary of state. No such examiner shall be 
 appointed receiver of any bank whose books, papers and affairs he shall have examined 
 pursuant to his appointment. 
 
 Neglect of duty. 
 
 $ 126. If the chief deputy or any examiner shall have knowledge of the insolvency 
 or unsafe condition of any bank mentioned in this act, and that it is unsafe or inexpe- 
 dient to permit said bank to continue business, and shall neglect to forthwith report 
 such fact in writing over his signature to the superintendent of banks, he shall be 
 guilty of felony.
 
 Act 409, §§127-130 GENERAL LAWS. 214 
 
 Written consent for organizing banks. Certificate to transact business. Examination 
 
 of capital, etc. Fee. 
 
 § 127. When any number of persons desire to organize a corporation to conduct 
 any one or more or all of the businesses mentioned in divisions (a), (b), and (c) of 
 section two of this act or to circulate stock subscription lists for any such proposed 
 corporation the previous written consent of the superintendent of banks to such pro- 
 posed organization must be obtained. No bank shall transact any business in this state 
 without the written approval of the superintendent of banks, and without his written 
 certificate stating that it has complied with the provisions of this act, and all the 
 requirements of law, and that it is authorized to transact, within this state, the business 
 specified therein; which certificate may be withheld by the superintendent of banks 
 whenever he has reason to believe that the bank is being formed for any other than the 
 legitimate objects contemplated by this act, or whenever he has reason to believe that 
 the public convenience and advantage will not be promoted by the opening of such 
 bank, or whenever he has reason to believe that the corporate name assumed by such 
 bank resembles, so closely as to be likely to cause confusion, the name of any other 
 bank previously formed under the laws of this state. Before issuing such certificate 
 the superintendent of banks shall examine, or cause an examination to be made, in 
 order to ascertain whether the requisite capital of such bank has been paid up in cash 
 or the requisite reserve or surplus fund has been accumulated. The superintendent of 
 banks shall not authorize such bank to commence business until it appears from such 
 examination, or other evidence satisfactory to him, that the requisite capital has been, 
 in good faith, subscribed and paid in, in cash, or that the requisite surplus or reserve 
 fund has been accumulated or paid in, in cash, and until said bank shall have paid 
 a fee of fifty dollars for each department to be operated by said bank. [Amendment 
 of June 3, 1915. In effect August 8, 1915. Stats. 1915, p. 1133.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 187. 
 
 Certificate of authorization issued. 
 
 § 128. When the certified copy of articles of incorporation of any bank shall have 
 been filed with the secretary of state, and apiolication made for the issuance of a cer- 
 tificate to do business as a bank, the superintendent of banks, provided he has not 
 withheld granting his certificate for any of the reasons set forth in section one hundred 
 twenty-seven hereof, shall ascertain, from the best sources of information at his com- 
 mand, whether the character and general fitness of the persons named as stockholders 
 are such as to command the confidence of the community in which such bank is pro- 
 posed to be located, and, if so satisfied, he shall, within sixty days after such applica- 
 tion has been made to him, issue, under his hand and official seal, the certificate of 
 authorization required by this act. The superintendent of banks shall file a duplicate 
 of such certificate in his own office. [Amendment of May 17, 1917. In effect July 27, 
 1917. Stats. 1917, p. 619.] 
 
 Reports. 
 
 ^ 129. Every bank doing a departmental business shall render to the superintendent 
 of banks for each department conducted by it, a separate report showing in detail 
 as required by section one hundred thirty of this act, the actual financial condition of 
 such department and shall at the time of furnishing said report separately publish 
 the statement for each department as provided in section one hundred thirty-two of 
 this act. 
 
 Report to superintendent of banks. Report of foreign corporation. 
 
 § 130. Every bank, organized under the laws of this state, shall, whenever required 
 by the superintendent of banks, make a report in writing to him, verified by the oath
 
 2i3 BANKS AND BANKING. Act 400, § 130 
 
 of its president and its secretary or cashier, or two principal officers. Such reports 
 shall show the actual financial condition of the bank making the report, at the close 
 of any past day designated by the superintendent, and shall specify the following: 
 
 1. The amount of its capital stock and the number of shares into which it is divided. 
 
 2. The names of the directors and the number of shares of stock held by each. 
 
 3. The total amount of capital actually paid in, in cash, and the total amount of 
 surplus, reserve and any other funds. 
 
 4. The total amount due the depositors. 
 
 5. The total amount and character of any other liabilities it may have. 
 
 6. The amount at which the lot and building occupied by the bank for the transac- 
 tion of its regular business stands debited on its books; also the market value of all 
 other real estate held, whether acquii'ed in settlement of loans or otherwise, the original 
 cost to the bank, the date when acquired, the amount at which it stands debited on 
 the bank-books, in what counties situated, and in what name the title is vested, if not 
 in the name of the bank itself. 
 
 7. The amount loaned on real estate, specifying the amount secured on real estate 
 in each county separately; also specifying the name of the person in whose name the 
 property is held in trust or as security, in case it is held in any name other than that 
 of the bank and the instrument creating the security does not itself disclose the name 
 of the bank. 
 
 8. The amount invested in bonds, designating the name and amount of each par- 
 ticular kind. 
 
 9. The amount loaned on stocks and bonds, designating each particular class and 
 the amount thereof. 
 
 10. The amount of money loaned on other securities, with a particular designation of 
 each class and the amount loaned on each. 
 
 11. The amount and kind of money on hand or deposited in any other bank or place, 
 with the name of the place where deposited and the amount in each place. 
 
 12. Any other property held, or any amount of money loaned, deposited, invested or 
 placed, not othenvise herein enumerated, and the place where situate and the value 
 of said property, and the amount so loaned, deposited or placed. 
 
 13. The date on which examination of the bank was last made by its board of 
 directors and the date on which report of such examination was filed, as required by 
 section one hundred thirty-nine of this act. 
 
 14. The outstanding and unpaid amounts of any loans made by the bank, which 
 under the provisions of either section sixty-five or eightj'-three of this act are required 
 to be reported to the superintendent of banks. 
 
 15. Any overdrafts and any loans, investments, acts or omissions violative of or not 
 in conformity with any provision of this act which may be specifically called for. 
 
 Every foreign corjjoration transacting the business of banking in this state shall 
 make the report herein required as far as such report may relate to the affairs of such 
 corporation in this state, and every foreign corporation must particularly render the 
 report required by subdivisions three, four, five, six, seven, eight, nine, ten, eleven, 
 twelve, thirteen, fourteen and fifteen of this section. Such report shall be made in 
 writing and verified by the oath of one of its duly authorized officers or managers 
 residing in this state. The oaths of the officers and the statements above required 
 shall state that they and each of them have a personal knowledge of the matters 
 therein contained and that they believe every allegation, statement, matter, and thing 
 therein contained is true. Any wilful false statement in the ])roniisps shall bo porjurv 
 and shall be punished as such. [Amendment approved May 6, 1913. Stats. 1913, 
 p. 188.]
 
 Act 408, §g 130a-133 GEXBRAL. LAIVS. 914 
 
 Special reports. 
 
 ^ 130a. In addition to the information obtained from the report required by the 
 provisions of section one hundred thirty of this act, the superintendent of banks shall 
 also have the power to require any bank to furnish a special report in writing verified 
 as required by section one hundred thirty of this act, whenever in his judgment such 
 special report is necessary to inform him tnWy of the actual financial condition and 
 affairs of such bank. Any wilful false statement in the premises shall be perjury 
 and shall be punished as such. [New section approved May 6, 1913. Stats. 1913, 
 p. 189.] 
 
 Three reports each year. 
 
 § 131. The superintendent of banks shall call for the reports specified by section one 
 hundred thirty of this act at least three times each year. The "past day designated 
 by the superintendent" of banks under the provisions of section one hundred thirty 
 of this act shall for at least three times be the day designated by the comptroller of 
 currency of the United States for reports of national banking associations. [Amend- 
 ment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 657.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 189. 
 
 Publication of statement. Shall show, what. 
 
 § 132. At the time of furnishing such report to the superintendent of banks, every 
 bank shall also publish a condensed statement of its financial condition, at least once 
 in some newspaper of general circulation, published in the city or town where its 
 principal place of business is located, and, if no paper is published in such town, then 
 in some newspaper of general circulation in the county where its principal jilace of 
 business is located. Such published statement shall show the total amount of loans, 
 the total amount of overdrafts, the total amount invested in bonds and other securities, 
 the total amount due from banks, the total amount of cheeks and other cash items, 
 the total amount of cash on hand, capital paid in, surplus funds; undivided profits, 
 less expenses and taxes paid; due to other banks and bankers, due to trust companies 
 and savings banks; individual deposits subject to checks; demand certificates of 
 deposit; time deposits; certified checks; cashier's checks outstanding; and such other 
 items as will show the actual financial condition of the bank making the report. 
 
 When capital is impaired. Assessment. Public sale. Private sale. 
 
 § 133. Whenever it shall appear from the report of any bank, or the superintendent 
 of banks shall have reason to believe that the capital of anj^ bank is impaired or 
 reduced below the amount required by law, it shall be the duty of the superintendent 
 of banks and he shall have the power to examine said bank and ascertain the facts, 
 and in case he finds such impairment or reduction of capital, he shall require such 
 bank to make good the deficiency so appearing within sixty days after the date of such 
 requisition. The directors of every such bank, upon which such requisition shall have 
 been made, shall lev}- an assessment upon the stock thereof to repair such deficiency, 
 and shall cause notice of such requisition to be given to each stockholder of the bank 
 and of the amount of the assessment which he must pay for the purpose of making 
 good such deficiency, by a written or printed notice mailed to such stockholder at his 
 last known address or served personally upon him. If any stockholder shall refuse 
 or neglect to pay the assessment specified in such notice within thirty days from the 
 date of mailing or serving such notice as aforesaid, the directors of such bank shall 
 have the right to sell to the highest bidder at public auction the stock of such stock- 
 holder, after giving a previous notice of such sale for ten days in a newspaper of 
 general circulation published in the county where the principal place of business of 
 such bank is located, and a copy of such notice of sale shall also be served on the
 
 215 BAMvS A?.D BAXKIXG. Act 409, §g 134-135a 
 
 owner of such stock bj' being served personally on him or by mailing to bis last 
 known address ten days before the day fixed for such sale; or such stock may be sold 
 at private sale and without such public notice; provided, however, that before making 
 such private sale thereof an offer in writing shall first be obtained and a copj' thereof 
 served upon the owner of record of the stock sought to be sold, either personally or 
 by mailing a copy of such order to his last known address; and if, after service of 
 such offer, such owner shall still refuse or neglect to pay such assessment within two 
 weeks from the time of the service of such offer, the said directors may accept such 
 offer and sell such stock to the person making such offer, or to any other person or 
 persons making a larger offer than the amount named in the offer submitted to the 
 stockholder; but such stock shall in no event be sold for a smaller sum than the 
 valuation put on it by the superintendent of banks in his determination and requisition 
 as to said assessment, nor for less than the amount of said assessment so called for and 
 the expense of sale. Out of the avails of the stock so sold, the director shall pay the 
 amount of assessment levied thereon, and the necessary costs of sale, and the balance, 
 if any, shall be paid to the person or persons whose stock has thus been sold. A sale 
 of stock as herein provided shall effect an absolute cancellation of the outstanding 
 certificate or certificates evidencing the stock so sold, and shall make the same null 
 and void, and a new certificate shall Ik^ issued by the bank to the purchaser thereof. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 189.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 1016, 
 
 Violation of law by bank. 
 
 § 134. If it shall appear to the superintendent of banks that any bank has violated 
 or failed to comply with the provisions of its articles of incorporation, or any law of 
 this state, he may, by an order under his hand and official seal, which seal must be 
 adopted by him, addressed to such bank, direct such bank to discontinue such violation 
 and to comply with the law; or, if it shall appear to the superintendent of banks that 
 such bank is conducting business in an unsafe or injurious manner, he may, in like 
 manner direct the discontinuance of any such unsafe or injurious practices. Such 
 order shall require such bank to show cause, before the superintendent of banks, at 
 a time and place to be fixed by him, why said order should not be observed. If upon 
 such hearing it shall appear to the superintendent of banks that such bank is conduct- 
 ing business in an unsafe or injurious manner, or is violating or failing to comply with 
 the provisions of its articles of incorporation, or any law of this state, then the 
 superintendent of banks shall make such order final, and such bank shall immediately 
 comply with such order made by the superintendent of banks. Such banks shall have 
 ten days after anj^ such order is made final in which suit may be commenced to restrain 
 enforcement of such order, and unless such action be so commenced and enforcement 
 of said order be enjointed within ten days, by the court in which such suit is brought, 
 then such bank shall comply with such order. [Amendment approved May 6, 1913 
 Stats. 1913, p. 191.] 
 
 Superintendent of banks may call stockholders' meeting. 
 
 $ 135. Whenever the superintendent of banks shall deem it expedient he may call 
 a meeting of the stockholders of any bank organized under the laws of this state, by 
 a personal notice of such meeting for fifteen days previous thereto. All necessary 
 expense incurred in the serving of such notice shall be borne by the bank whose stock- 
 holders are required to convene. [New section added May 6, 1913. Stats. 1913, p. 191.1 
 
 The original section was repealed May 6, 1913, Stats. 1913, p. 191. 
 
 Action to dissolve bank violating law. 
 
 § ]35a. If the capital of any bank shall be impaired, or if any bank shall refuse to 
 submit its books, papers and concerns to the inspection of any examiner, or if any
 
 Act 409, § 136 GENERAL LAWS. 216 
 
 officer thereof shall refuse to be examined upon oath touching the concerns of such 
 bank, or if such bank shall violate the provisions of its articles of incorporation, or 
 any law of this state, or if such bank shall suspend payment of its obligations, or if 
 such bank shall conduct its business in an unsafe or unauthorized manner, or if from 
 any examination or report provided for by this act the superintendent of banks shall 
 conclude that such bank is in an unsound or unsafe condition to transact the business 
 for which it is organized, or that it is unsafe and inexpedient for it to continue business, 
 an action to procure a judgment dissolving such corporation may be maintained by 
 the superintendent of banks. [New section approved May 6, 1913. Stats. 1913, p. 191.] 
 
 Superintendent of banks may take possession of bank violating law. Eesumption of 
 business. Collection of debts. Action against stockholders. Lictuidation and dis- 
 tribution. 
 
 § 136. Whenever it shall appear to the superintendent of banks that any bank has 
 violated the provisions of its articles of incorporation or any law of this state, or is 
 conducting its business in an unsafe or unauthorized manner, or if the capital 
 of any bank is impaired, or if any bank shall refuse to submit its books, papers and 
 concerns to the inspection of any examiner, or if any officer thereof shall refuse to 
 be examined upon oath touching the concerns of any such bank, or if any bank shall 
 suspend payment of its obligations, or if from any examination or report provided 
 for by this act the superintendent of banks shall have reason to conclude that such 
 bank is in an unsound or unsafe condition to transact the business for which it is 
 organized, or that it is unsafe and inexpedient for it to continue business, or if any 
 bank shall neglect or refuse to observe any order of the superintendent of banks 
 specified in sections one hundred thirty-three or one hundred thirty-four of this act, 
 the superintendent of banks may forthwith take possession of the property and business 
 of such bank and retain such possession until such bank shall resume business, or 
 its affairs be finally liquidated as herein provided. On taking possession of the prop- 
 erty and business of any such bank the superintendent of banks shall forthwith give 
 notice of such fact to any and all banks, trust companies, associations and individuals, 
 holding or in possession of any as'sets of such bank. No bank, trust company, asso- 
 ciation or individual knowing of such taking possession by the superintendent of 
 banks, or notified as aforesaid, shall have a lien or charge for any payment, advance 
 or clearance thereafter made, or liability thereafter incurred against any of the assets 
 of the bank of whose property and business the superintendent of banks shall have 
 taken possession as aforesaid. Such bank may, with the consent of the superin- 
 tendent of banks, resume business upon such conditions as may be approved by him. 
 Upon taking possession of the property and business of any such bank the superin- 
 tendent of banks shall have authority to collect moneys due to such bank and do such 
 other acts as are necessary to conserve its assets and business, and shall proceed to 
 liquidate the affairs thereof as hereinafter provided. The superintendent of banks shall 
 collect all debts due and claims belonging to it, and upon the order of the superior court 
 may sell or compound any bad or doubtful debts. If a purchaser for any bad or doubt- 
 ful debts can not be obtained and it appears improbable that recovery thereon can be 
 had and that the costs of actions to enforce collection of the same would probably be 
 lost, the court may direct that suits thereon need not be brought. On like order he may 
 sell any real or personal property of such bank on such terms as the court shall 
 direct; and may, if necessary to pay the debts of such bank, enforce the constitutional 
 individual liability of stockholders by action to be brought within three years after the 
 date of his taking possession of the affairs of such bank. The superintendent of banks 
 shall determine the necessity of such action and the amount necessary to recover 
 from the stockholders to fully pay all liabilities of such bank. Such action may be in 
 equity and against all stockholders upon whom service of process in the state of
 
 -^' BAXKS VXD BAXKIIVG. Act 409, § 13« 
 
 California can be had, and the court may therein determine and provide for any 
 equities as between the stockholders including the proportions of each stockholder to 
 any surplus of money or assets that may remain after the paj'ment of all liabilities 
 and the expenses of liquidation. The superintendent of banks may also maintain an 
 action against any stockholder residing out of the state or upon whom service of 
 process can not be had within the state, in any court of the United States or of any 
 state or country. Any judgment so obtained by the superintendent of banks against 
 such or any of such stockholders which is of doubtful value may be compromised and 
 compounded by the superintendent of banks on such terms and conditions as the 
 superior court may direct or authorize. The superintendent of banks shall file a 
 notice of pendency of action in the county recorder's office of the county where such 
 action is brought. At any time prior to the trial of any such action, any creditor may 
 serve upon the superintendent of banks and file with the court wherein such action 
 is pending, notice that he elects to maintain an action against the stockholders or any 
 of them, in his individual capacity and thereupon the amount sued for in such action 
 shall be reduced accordingly and such creditor shall not be entitled to share in the 
 proceeds resulting from such action brought by the superintendent of banks. For 
 the purpose of executing and performing any of the powers and duties hereby con- 
 ferred upon him, the superintendent of banks may, in the name of the delinquent 
 bank or in his own name, prosecute and defend any and all suits and other legal 
 proceedings and may, in the name of the delinquent bank or in his own name as 
 trustee execute, acknowledge and deliver any and all deeds, assignments, releases 
 and other instruments necessary and proper to effectuate any sale of real or personal 
 property or sale or compromise or compound authorized by order of the court as 
 herein provided; and any deed or other instrument, executed pursuant to the authority 
 hereby given, shall be valid and effectual for all purposes, as though the same had 
 been executed by the officers of the delinquent bank by authority of its board of 
 directors. In case any of the real property so sold is located in a county other than the 
 county in which the application to the court for leave to sell the same is made, the 
 superintendent of banks shall cause a certified copy of the order authorizing or rati- 
 fying such sale to be filed in the office of the recorder of the county in which the 
 said real property is located. The superintendent of banks may, under his hand and 
 official seal, appoint one or more special deputy superintendents of banks, as agent 
 or agents, with the powers specified in the certificate of appointment hereinafter 
 ihentioned, to assist him in the duty of liquidation and distribution, the certificate of 
 appointment to be filed in the office of the superintendent of banks, and a certified 
 copy in the office of the clerk of the county in which the principal office of such bank 
 is located. 
 
 The superintendent of banks may from time to time, by a certificate of api^ointment 
 under his hand and official seal, specifying the powers conferred, authorize a special 
 deputy superintendent to perform such duties connected with such liquidation and 
 distribution as the superintendent of banks may deem proper. Such certificate of 
 appointment shall be filed in the office of the superintendent of banks and a certified 
 copy in the office of the clerk of the county in which the principal office of such bank 
 is located. The superintendent of banks may employ such counsel and procure such 
 expert assistance and advice as may be necessary in the liquidation and distribution 
 of the assets of such bank, and for that purpose may retain such of the officers or 
 employees of such bank as he may deem necessai-y. The superintendent of banks 
 shall require from a special deputy superintendent and from such assistants such 
 security for the faithful discharge of their duties as he maj' deem proper. The super- 
 intendent of banks shall cause notice to be given by advei'tisement, in such newspapers 
 as he may direct, weekly for three consecutive months, calling on all persons who 
 may have claims against such bank to ijroseut the same to the superintendent of banks,
 
 Act 409, § ise GENERAL LAWS. SIS 
 
 and make legal proof thereof at a place and within a time, not earlier than the last 
 day of publication, to be therein specified. The superintendent of banks shall mail a 
 similar notice to all persons whose names appear as creditors upon the books of the 
 bank. If the superintendent of banks doubts the justice and validity of any claim, 
 he may reject the same, and serve notice of such rejection upon the claimant, either 
 by mail or personally. An aflidavit of the service of such notice, which shall be 
 prima facie evidence thereof shall be filed with the superintendent of banks. Any 
 action upon a claim so rejected must be brought within six months after such service. 
 Claims presented after the expiration of the time fixed in the notice to creditors shall 
 be entitled to share in the distribution only to the extent of the assets in the hands 
 of the superintendent of banks equitably applicable thereto. Upon taking possession 
 of the property and assets of any bank, the superintendent of banks shall make an 
 inventory of the assets of such bank in duplicate, one to be filed in the office of the 
 superintendent of banks, and one with the papers in said proceeding in the office of 
 the clerk of the county in which the principal office of such bank is located; upon 
 the expiration of the time fixed for the presentation of claims the superintendent of 
 banks shall make in duplicate a full and complete list of the claims presented, including 
 and specifying such claims as have been rejected by him, one to be filed in the office 
 of the superintendent of banks, and one with the papers in said proceeding in the office 
 of the clerk of the county in which the principal office of such bank is located. There- 
 after he shall make and file in said offices as above provided at least fifteen days before 
 each application to the court for leave to declare a dividend a supplemental list of the 
 claims presented since the last preceding list was filed, including and specifying such 
 claims as have been rejected bj' him, and in any event he shall make and file as above 
 provided such a list at least once every six months after the filing of the original list, 
 as long as he shall remain in possession of the property and business of any such 
 bank. Such inventory and list of claims shall be open at all reasonable times to 
 inspection. The compensation of the special deputy superintendents, counsel and other 
 employees and assistants, and all expenses of supervisions and liquidation, shall be 
 fixed by the superintendent of banks and shall upon the certificate of the superin- 
 tendent of banks be paid out of the funds of such bank in the hands of the superin- 
 tendent of banks. All such expenses must be reported by the superintendent of banks 
 to the superior court of the county where the principal place of business of such bank 
 is located and settled by such court upon notice of such bank. The moneys collected 
 by the superintendent of banks shall be from time to time deposited in one or more 
 state banks of deposit, savings banks or trust companies, and, in case of the suspen- 
 sion or insolvency of the depositary, such deposits shall be preferred before all other 
 deposits. At any time after the expiration of the date fixed for the presentation of 
 claims the superior court may by order authorize the superintendent of banks to 
 declare out of the funds remaining in his hands after the payment of expenses one 
 or more dividends, and after the expiration of one year from the first publication of 
 notice to creditors he may declare a final dividend, such dividends to be paid to such 
 persons, and in such amounts, and upon such notice, as may be directed by the 
 superior court of the county in which the principal office of such bank is located. 
 Objections to any claim not rejected by the superintendent of banks may be made by 
 any party interested in filing a copy of such objections with the superintendent of 
 banks, who shall present the same to the superior court at the time of the next appli- 
 cation to declare a dividend. The court to which such application is made shall 
 thereupon dispose of said objections or may order a reference for that purpose, and 
 should the objections to any claim be sustained by the court or by the referee, such 
 claim shall not be allowed by the superintendent of banks until the claimant shall 
 have established his claim by the judgment of a court of competent jurisdiction. The 
 court must make proper provision for uu^jroved or unclaimed deposits.
 
 219 BANKS AND BANKING. Act 409, § 130 
 
 Should any bank at the time the superintendent of banks takes possession of its 
 property and business, have in its possession, as bailee for safekeeping and storage, 
 any jewelry, plate, monej'^, specie, bullion, stocks, bonds, securities, valuable papers 
 or other valuable personal property or should it have rented any vaults, safes or safe 
 deposit boxes or any portion thereof for the storage of property of any kind, the 
 superintendent of banks may at any time thereafter cause to be mailed to the person 
 claiming to be or appearing upon its books to be the owner of such property, or the 
 person in whose name the safe, vault or box stands, a notice in writing in a securely 
 closed, postpaid registered letter, directed to such person at his postofflce address as 
 recorded upon its books, notifying such person to remove, within a period fixed by 
 said notice and not less than sixty days from the date thereof, all such personal 
 property and upon the date fixed by said notice, the contract, if anj^ between such 
 person and bank for the storage of said property or for the use of the said safe, vault 
 or box shall cease and determine, and the amount of the unearned rent or charges, if 
 any, paid by such person shall become a debt of the bank to said person. If the 
 property be not removed within the time fixed by the notice, the superintendent of 
 banks may make such disposition of said property as the superior court, upon appli- 
 cation thereto, shall direct. And the superintendent of banks may cause any safe, 
 vault or box to be opened in his presence or in the presence of one of the special 
 deputy superintendents of banks, and of a notary public not an officer or in the employ 
 of the bank or of the superintendent of banks, and the contents thereof, if any, to be 
 sealed up by such notary public in a package upon which such notary public shall 
 distinctly mark the name and address of the person in whose name such safe, vault 
 or box stands upon the books of the bank and shall attach thereto a list and descrip- 
 tion of the property therein; and the package so sealed and addressed, together with 
 the list and description, may be kept by the superintendent of banks in one of the 
 general safes or boxes of the bank until delivered to the person whose name it bears, 
 or until otherwise disposed of as directed by the court. Whenever any such bank of 
 whose property and business the superintendent of banks has taken possession as 
 aforesaid, deems itself aggrieved thereby, it may, at any time within ten days after 
 such taking possession, apply to the superior court in the county in which the prin- 
 cipal office of such bank is located to enjoin further proceedings; and said court, after 
 citing the superintendent of banks to show cause why further proceedings should not 
 be enjoined, and hearing the allegations and proofs of the parties and determining the 
 facts may, upon the merits, dismiss such application or enjoin the superintendent of 
 banks from further proceedings, and direct him to surrender such business and prop- 
 erty to such bank. An appeal as above provided shall operate as a stay of the judgment 
 of the superior court, and no bond need be given if the appeal be taken by the superin- 
 tendent of banks; but if the appeal be taken by such bank, a bond shall be given, as 
 required by section nine hundred forty-three of the Code of Civil Procedure. When- 
 ever the superintendent of banks shall have paid to each and every depositor and 
 creditor of such bank whose claim or claims as such creditor or depositor shall have 
 been duly proved and allowed, the full amount of such claims, and shall have made 
 proper provision for unclaimed and unpaid deposits or dividends, and shall have 
 paid all the expenses of the liquidation, the superintendent of banks shall call a 
 meeting of the stockholders of such bank giving notice thereof for thirty days in one 
 or more newspapers published in the county where the principal office of such bank 
 is located. At such meeting the stockholders shall determine whether the superin- 
 tendent of banks shall be continued as liquidator and shall wind up the affairs of such 
 bank, or whether an agent or agents shall be elected for that purjjose, and in so 
 determining the said stockholders shall vote by ballot, in person or by proxy, each 
 share of stock entitling the holder to one vote, and the majority of the stock shall be 
 necessary to a determination. In case it is determined to continue the liquidation
 
 Act 409. §§ ISGo, 13Cb * .NERAL LAWS. 220 
 
 under the superintendent of b?/*is, he shall complete the liquidation of the affairs 
 of such bank, and after pay"/*/ the expenses thereof, shall distribute the proceeds 
 among the stockholders in '^r-' /portion to the several holdings of stock in such manner 
 and upon such notice as ;ply be directed b^' the superior court. In case it is deter- 
 mined to appoint an ag^nt or agents to liquidate, the stockholders shall thereupon 
 select such agent or aA,'ents by ballot, a majority of the stock present and voting, in 
 person or by proxy, oeing necessary to a choice. Such agent or agents shall execute 
 and file with the 'superintendent of banks a bond to the people of the state in such 
 amount, with such sureties and in such form as shall be approved by the superin- 
 tendent of banks, conditioned for the faithful performance of all the duties of his or 
 their trust, and thereupon the superintendent of banks shall transfer and deliver to 
 such agent or agents all the undivided and uncollected or other assets of such bank 
 then remaining in his hands; and upon such transfer and delivery, the said superin- 
 tendent of banks shall be discharged from any and all further liability to such bank 
 and its creditors. Such agent or agents shall convert the assets coming into his or 
 their possession into cash, and shall account for and make distribution of the property 
 of said bank as is herein provided in the case of distribution by the superintendent of 
 banks, except that the expenses thereof shall be subject to the direction and control 
 of a court of record of competent jurisdiction. In ease of the death, removal or refusal 
 to act of any such agent or agents, the stockholders, on the same notice, to be given 
 by the superintendent of banks upon proof of such death, removal or refusal to act 
 being filed with him, and by the same vote hereinbefore provided, may elect a suc- 
 cessor, who shall have the same powers and be subject to the same liabilities and 
 duties as the agent originally elected. Dividends and unclaimed deposits remaining 
 unpaid in the hands of the superintendent of banks for six months after the order for 
 final distribution shall be by him deposited with the state treasurer in the same 
 manner and subject to the same disposition as provided for in section one thousand 
 two hundred thirtj^-four of the Code of Civil Procedure. The superintendent of banks 
 may pay over the moneys so held by him to the persons respectively entitled thereto 
 upon being furnished satisfactory evidence of their right to the same. In cases of 
 doubt or conflicting claims he may require an order of the superior court authorizing 
 and directing the payment thereof. [Amendment approved May 6, 1913. Stats. 1913, 
 p. 192.] 
 
 Bank ceasing to exist. 
 
 § 136a. Any bank which has ceased to do a banking business whether through 
 voluntary action on its part or through expiration of its corporate existence, shall 
 immediately liquidate its affairs and any unclaimed deposits or dividends shall be 
 paid into the state treasury in the manner and for the purposes provided in section 
 one hundred thirty-six of this act within six months after the date such bank ceased 
 to conduct a banking business, and in case the superintendent of banks shall have 
 reason to conclude that the liquidation of such bank is not being safely or expedi- 
 tiously conducted, he may take possession of the property of such bank and liquidate 
 its affairs in the same manner as provided in section one hundred thirty-six of this 
 act. Whenever any bank of whose property the superintendent of banks has taken 
 possession as aforesaid, deems itself aggrieved thereby, it may within the time and in 
 like manner and effect as provided in section one hundred thirty-six of this act apply 
 to the superior court to enjoin further proceedings. [New section approved May 6, 
 1913. Stats. 1913, p. 198.] 
 
 Jurisdiction in superior court. 
 
 § 136b. In any action or proceeding brought under any provision of this act, exclu- 
 sive ori""inal jurisdiction shall be vested in the superior court of the county in which
 
 £21 BA 4. A5 / Ma.VKIXG. Act 400, §§ 137, 138 
 
 is located the principal place of business of the bank affected thereb}', and all pro- 
 ceedings relating to the same matter, under any jDrovision of this act, including 
 proceedings for liquidation of Vhe affairs of any such bank, shall be filed with and 
 treated as a part of the record in such original proceedings, and all papers relating 
 to any such action or proceeding, including the copy of certificate of appointment of any 
 special deputy and the inventories required to be filed in the matter of any such 
 liquidation, shall be filed with and made a part of the record of such original 
 proceeding without the pajnnent of any additional fees therefor, and in any such action 
 no damage may be awarded, but the action otherwise shall be tried and determined 
 according to the provisions of the Code of Civil Procedure. [New section api^roved 
 May 6, 1913. Stats. 1913, p. 198.] 
 
 Right to dissolve. Discharge of receiver. Unclaimed moneys escheat. Invested. 
 
 § 137. 1. Any bank shall have the right, on application of the stockholders or 
 members, to apply to the superior court of the county wherein its principal place 
 of business is situated, to dissolve said bank in the manner provided for in title six, 
 part three of the Code of Civil Procedure. 
 
 2. At the expiration of four months after the settlement of the final account of the 
 receiver of any bank appointed prior to July 1, 1909, any dividends due depositors, or 
 other creditors, or stockholders of such bank and remaining unpaid or uncalled for 
 and in the hands of such receiver may be paid by him into the treasuiy of the county 
 in which such bank is situated which mone}' shall be held in the treasury of said 
 county, and at the same time it shall be the duty of such receiver to furnish to the 
 county treasurer of said county a list of names of all depositors or other persons to 
 whom such money belongs or who are entitled thereto and thereupon such receiver 
 shall be entitled to his discharge. 
 
 3. The moneys referred to in subdivision two of this section shall be paid out on 
 the order of the court appointing such receiver. 
 
 4. All moneys paid under subdivision two of this section, uncalled for within five 
 years after being paid in, shall by operation of law, and without action had, escheat 
 to the state. All moneys held by any county treasurer under subdivision two of this 
 section, when such moneys have escheated to the state as hereinbefore provided, shall 
 be paid by the county treasurer into the state treasury, and thereafter only be drawn 
 out in such manner as may be provided for by law for the estates of deceased persons 
 escheated to this state. 
 
 3. The state board of control must invest such moneys in the same manner that 
 the state school land fund is invested as provided by law. But any claimant shall be 
 entitled to recover as herein provided only the principal so paid into the state treasury. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 198.] 
 
 This section was also amended April 21, 1911, Stats. 1911, p. 958. 
 
 Penalty for failure to report. 
 
 % 138. If any bank shall fail to make any report required by the provisions of 
 section one hundred thirty or one hundred thirty a of this act, within ten days from 
 the day designated for the making thereof by the superintendent of banks, or to 
 include therein any matter required by the provisions of either of said sections, it 
 shall forfeit to the people of the state the sum of one hundred dollars for each day 
 that any such report shall be so delayed or Avithheld by the failure or neglect of such 
 bank. In the event of the failure of any such bank to make any such report required 
 from it, the superintendent of banks may, in his discretion, immediately cause the 
 books, papers and affairs of such bank to be examined at the expense of such bank. 
 [Amendment approved May 6, 1913. Stats. 1913, p. 199.]
 
 Aot 409. § 139 GGNERAL LAWS. 232 
 
 Duty of toard of directors. Report. 
 
 § 139. It shall be the duty of the board of directors of every bank to examine fully, 
 or to cause a committee of at least three of its members, none of whom shall be an 
 officer of the bank, to examine fully into the books, papers and affairs of the bank of 
 which they are directors, and particularly into the loans and discounts thereof, with 
 a special view to ascertaining the value and security thereof, and of the collateral 
 security, if any given, in connection therewith, and into such other matters as the 
 superintendent of banks may require; such examination to be made at least once a 
 year, but no such subsequent yearly examinations shall be made within three months 
 of the next preceding examination. Such directors shall have power to employ such 
 assistance making such examinations as they may deem necessary. Within thirty 
 days after the completion of such examination, a report in writing thereof, sworn to 
 by the directors making the same, shall be made by the board of directors of such bank 
 and placed on file with the records of said bank, and shall be subject to examination 
 by the superintendent of banks. 
 
 Contents of report. 
 
 Such report shall particularly contain a statement of the assets and liabilities of 
 the bank examined, as shown by its books, together with any deductions from the 
 assets, or additions to liabilities which such directors or committee, after such examina- 
 tion, may determine to make. It shall also contain a statement, in detail, of loans, if 
 any, which in their opinion are worthless or doubtful, together with their reasons for 
 so regarding them; also a statement of loans made on collateral security, which in 
 their opinion are insufficiently secured, giving in each case the amount of the loan, the 
 name and market value of the collateral, if it has any market value, and, if not, a 
 statement of that fact, and its actual value as nearly as possible. Such report shall 
 also contain a statement of overdrafts, of the names and amounts of such as they 
 consider worthless or doubtful, and a full statement of such other matters as affect 
 the solvency and soundness of the bank. 
 
 When no examination made. 
 
 If the directors of such bank shall fail to make such examination or fail to cause 
 it to be made, or shall fail to file such report of such examination in the manner and 
 within the time specified, the superintendent of banks shall have authority to make o 
 cause to be made an extra examination of such bank, at the expense of such bank. 
 
 Special examination hy superintendent of banks. 
 
 Whenever the board of directors of any bank may determine by resolution, duly 
 entered in its minutes, that a special examination shall be made or caused to be made 
 by the superintendent of banks in lieu of the examination herein required to be made 
 by the board of directors of such bank, a certified copy of such resolution shall be 
 transmitted to the superintendent of banks, whereupon it shall be the duty of the 
 superintendent of banks to make or cause to be made a special examination of the 
 affairs of such bank in lieu of the examination of such bank by the board of directors 
 thereof. Such special examination shall be made at such time as the superintendent 
 of banks may determine but in any event such examination shall be made within sixty 
 days after the receipt by the superintendent of banks of the resolution hereinbefore 
 referred to. The cost of making such examination shall be a charge against the bank 
 for which such examination is made. 
 
 Report. 
 
 Upon the completion of such examinntion the superintondont of banks shall caus« 
 a report thereof in writing to be prepared and delivered to the board of directors of
 
 223 BANKS AND BANKING. Act 409, §§ 140, 141 
 
 such bank at such time as may be fixed by the superintendent of banks, but not later 
 than thirty days after the completion of such examination. [Amendment of May 17, 
 1917. In effect July 27, 1917. Stats. 1917, p. 619.) 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 200. 
 
 Report of superintendent to governor. 
 
 ^ 140. The superintendent of banks shall report during the month of October of 
 each year, to the governor, for submission to the next ensuing session of the legislature ; 
 
 1. A summary of the state and condition of every bank required to report to him, 
 and from which reports have been received the preceding year, with an abstract of the 
 whole amount of capital returned by them, the whole amount of their debts and lia- 
 bilities, and the total amount of means and resources, specifying the amount of specie 
 held by them at the time of the last report to him, and such other information in 
 relation to such banks as, in his judgment, may be useful. 
 
 2. A statement of all banks authorized by him to do business during the previous 
 year, with their names and locations and dates of incorporation, and particularly 
 designated such as have commenced business during the year. 
 
 3. A statement of the banks whose business has been closed during the year. 
 
 4. Anj' amendments to the banking law, which, in his judgment, may be desirable. 
 
 5. The names and compensation of all persons employed by him, and the whole 
 amount of the receipts and expenses of the department during the year. 
 
 6. The names of banks placed in his hands in process of liquidation, and the amount 
 of dividends paid thereon. 
 
 Such report, and the usual number of copies for the use of the legislature, shall 
 be printed and in readiness for distribution by the state printer, and one thousand 
 copies shall be printed for the use of the department, the expense of which shall be 
 charged among the general expenses of the department. 
 
 Weekly bulletin to be posted by superintendent: items of. Bulletins, file of. 
 
 4 141. 1. The superintendent of banks shall keep in his office, in a place accessible 
 to the general public, a bulletin-board upon which he shall cause to be posted at noon 
 on Friday of each week a detailed statement, signed by him or, in case of his absence; 
 from San Francisco or inability to act, by the deputy superintendent in charge, givin^r 
 the following items of general information with regard to the work of the department 
 since the preceding statement : 
 
 (a) The name of everj'^ hank that has filed in the banking department an application 
 for authorization to conmience business, its location and the date of filing of sucb 
 application. 
 
 (b) The name and location of every bank authorized by the superintendent of banks 
 to commence business, its capital, surjilus, and the date of authorization. 
 
 (c) The name of every bank to which a certificate of authorization has been refused 
 by the superintendent of banks, and the date of notice of refusal. 
 
 (d) The name and residence of every person appointed by the superintendent of 
 banks as a deputy, examiner or emploj^ee in the banking department, the title of the 
 office to which appointed, the compensation paid, and the date of appointment. 
 
 (e) The date on which a call for a report by banks was issued b}' the superintendent 
 of banks, and the day designated as the day with reference to which such report should 
 be made. 
 
 (f) The name and location of every bank whose creditors or depositors have been 
 ])aid in full by the superintendent of banks and a meeting of whose stockholders shall 
 have been called, together with date of notice of meeting and date of meeting. 
 
 (g) The name and location of every bank subject to the banking law whose affairs 
 and business shall have been finally liquidated, or in course of liquidation.
 
 Act 409, §§ 142-145 GENERAL. LAWS. 224 
 
 (h) The name and location of everj'^ bank which has applied for approval of a 
 change of name, and the name proposed. 
 
 2. Every such bulletin, after having been posted as aforesaid for one week, shall 
 be placed on a file for such statements, to be kept in the office of the superintendent 
 of banks. All such statements shall be public documents, and at all reasonable 
 times shall be open to public inspection during usual banking hours. 
 
 Records deemed public documents. Official reports prima facie evidence. 
 
 § 142. None of the records of the state banking department shall be deemed to bo 
 public documents nor shall any of such records be open to the inspection of the public. 
 Every official report made by the superintendent of banks and every report duly verified 
 of an examination made, shall be prima facie evidence of the facts therein stated, for 
 all purposes in any action or proceedings wherein the superintendent of banks is a 
 party. [Amendment of May 15, 1919. In effect July 22, 1919. Stats. 1919, p. 658.] 
 
 This section was also amended May 17, 1917, Stats. 1917, p. 620. 
 
 Neglect of duty by superintendent. 
 
 $ 143. [Repealed May 6, 1913. Stats. 1913, p. 200.] 
 
 Action for recovering forfeitures. Fines may be compromised. 
 
 ^ 144. Whenever by the terms of this act a penalty or forfeiture is imposed, the 
 same shall be recovered in an action brought at the request of the superintendent of 
 banks by the attorney general, in the name of the people of the state, and the sum 
 recovered shall be paid into the state banking fund and used in payment of claims 
 against the said fund. Any fine or pecuniary penalty, which may be incurred by any 
 bank on account of the violation of any provision of this act, may be compromised and 
 a less amount than that prescribed by this act accepted by the superintendent of banks 
 at any time prior to the institution of action -to recover the same. [Amendment of 
 June 3, 1915. In effect August 8, 1915. Stats. 1915, p. 1134.] 
 
 Powers abridged, enlarged or modified. Investments made prior to July 1, 1909. 
 
 § 145. The powers, privileges, duties and restrictions conferred and imposed upon 
 any corporation or individual existing and doing business under the laws of this state 
 are hereby abridged, enlarged or modified as each particular case may require to con- 
 form to the provisions of this act, notwithstanding anj'thing to the contrary in their 
 respective articles of incorporation or charters. All the provisions of this act shall 
 apply with equal force and effect to all corporations which are now doing or which may 
 hereafter do a banking business in this state, except where express exception or exemp- 
 tion may be made herein, and to such other persons, associations, copartnerships or 
 coi'porations who shall, by violating any of its provisions, become subject to the penal- 
 ties provided herein. The legality of investments heretofore made, or title to property 
 heretofore acquired or conveyed through transactions heretofore had by any bank 
 pursuant to any provision of law in force when such investments were made or trans- 
 actions had, shall not be affected by the provisions of this act, except that any such 
 investments made prior to July 1, 1909, when not complying with the provisions hereof, 
 shall be changed to conform hereto; but such change shall be made gradually and in 
 such manner as to prevent loss or embarrassment in the business of such bank, or 
 unnecessary loss or injury to the borrowers on such security ; provided, that the legality 
 of any investments heretofore lawfully made, pursuant to the provisions of this act as 
 it existed on and subsequent to July 1, 1909, shall not be affected by the provisions of 
 this section. [Amendment of May, 17, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 620.] 
 
 This section was also amended May 6, 1913, Stats. 1913, p. 200; and June 3, 1915, Stats. 
 1915, p. 1134,
 
 BANKS AND BAMvING. 
 
 Act 4Ui>, §S 146, 147 
 
 Couficting laws repealed. 
 
 $ 146. All acts, or parts of acts, in conflict with tliis act are hereby repealed. 
 
 Act takes effect when. 
 
 $ 147. This act shall take effect July first, 1909. 
 
 I. THE BANK ACT. 
 
 o. Constitutionality. 
 
 1,2. Title of "bank commissionera act." 
 
 3. Act of 1903. 
 
 4. Due process — Equal protection, 
 
 5. Same — Initial taking. 
 
 6. Police power. 
 
 7. Same — Business of banking. 
 
 8. Depriving superior court of jurisdic- 
 
 tion in insolvency — Privileges and 
 immunities — Special legislation. 
 
 9. Limitation of ten days to bring 
 
 action. 
 
 10. Same. 
 
 11. Liability of stockholders under the 
 
 act. 
 
 XL CONSTEUCTION AND EFFECT. 
 
 12. Act applies to all banks, whenever in- 
 
 corporated. 
 13, 14. Insolvent act superseded by * ' bank 
 commissioners act. ' ' 
 
 15. Act of 1876 not repealed by "bank 
 
 commissioners act. ' ' 
 
 nL STATE BANKING DEPARTMENT, 
 o. Commissioners — Powers- — Duties. 
 
 16. Power to supervise. 
 
 17. Examination of banks. 
 
 18. Vacancy in olBce of commissioner. 
 
 19. Commissioner not invested with sov- 
 
 ereignty of state — Laches imputed. 
 
 6. Regulations. 
 
 20. Loan in excess of statutory limit. 
 
 21. Withdrawal of savings bank deposit 
 
 by public administrator. 
 
 22. Power to contract debt for borrowed 
 
 money. 
 
 23. Deposit of bonds as trustee, with- 
 
 drawal. 
 23a. Escheat of bank deposit unclaimed 
 
 for twenty years. 
 23b. Non-demand of bank deposit for 
 
 twenty years — Jurisdictional fact. 
 23c. Joint bank deposits — Inheritance tax. 
 23d. Same — Right of survivorship. 
 
 IV. UNSAFE CONDITION OF BANK. 
 a. Superintendent of banks — Attorney general. 
 
 24. Statutory custodian. 
 
 25. Attorney general, action by. 
 
 26. Same — Motion for new trial by bank. 
 
 27. Same — Procedure. 
 
 28. Same — Negligence, incompetence, mis- 
 
 management, fraud. 
 
 V. INSOLVENCY. 
 a. Proceedings, commencement of, 
 
 29. Action for debt against insolvent 
 
 bank. 
 
 30. Complaint — Allegation of insolvency. 
 
 h. Jurisdiction of stiperior court. 
 
 31. Source and scope of jurisdiction. 
 Gen. Laws — 15 
 
 32. Possession of directors can not be 
 
 ousted. 
 
 33. Jurisdiction to fill vacancies on board 
 
 of directors. 
 33a, 34. Injunction from transacting further 
 business. 
 
 35. Same — Until further order. 
 
 36. Until in liquidation, bank independ- 
 
 ent of court. 
 
 c. Directors as trustees. 
 
 37. Failure to perform trust only cause of 
 
 action against directors. 
 37a. Action against directors in own name. 
 
 38. Directors are responsible for closing 
 
 up affairs of bank. 
 
 39. Personal conduct by commissionera 
 
 not contemplated by act. 
 
 d. Stockholders' liability. 
 
 40. Suit to enforce. 
 
 41. No part of assets of bank. 
 
 42. Meaning of act. 
 
 42a. Dismissal of action to enforce — 
 Laches. 
 
 e. Assessments on unpaid stock. 
 
 43. Levy of assessment — Failure to pay. 
 
 44. Power of directors to assess — Statute 
 
 of limitations. 
 45- 47. Statutory provisions as to assessments 
 — Not affected by by-laws. 
 
 48. Unpaid subscriptions to stock as 
 
 assets. 
 
 49. Same — Same — Directors may assess. 
 
 50. Same — Constitute equitable fund. 
 
 51. Accrual of right of action — Statute 
 
 of limitations. 
 
 52. Same — Notice to pay. 
 
 53. Recovery from transferee of stock. 
 
 54. Set off — Amounts paid on stockhold- 
 
 er's liability. 
 54a. Assessment to pay debts. 
 54b. Same — Injunction not to transact 
 
 further business. 
 
 f. Judgment. 
 
 55. "When final. 
 
 56. Same — Repeal of act. 
 
 57. Same — Same — Pending new trial pro- 
 
 ceedings. 
 
 58. Same — Same — Abatement of proceed- 
 
 ings. 
 
 59. Same — Same — New trial — Stay of 
 
 proceedings. 
 
 60. Same — Same — Power of directors to 
 
 levy assessment. 
 
 g. Appeal and error. 
 
 61. Superintendent of banks, appeal bj. 
 62, 63. Same — Stay bond by. 
 
 64. Bank, appeal by. 
 
 h. Sale of bank property. 
 
 65. Judicial sale — Caveat emptor. 
 
 66. Conveyance of bank property by sq- 
 
 perinteudent of banks — Taxes.
 
 Act 409, 8 147 
 
 GK^VERAL, LAWS. 
 
 226 
 
 VI. MISCELLANEOUS. 
 a. Attachment. 
 
 67. Eight of against insolvent bank does 
 
 not exist. 
 
 68. Same — Code provisions inconsistent. 
 
 &. Beceiver. 
 
 69. Act itself notice of appointment. 
 
 c. Finding of insolvency, 
 
 70. Sustained by evidence. 
 
 d. Number of employees. 
 
 71. Maximum number — Minimum salaries. 
 e. N on-stocTcholding depositor. 
 
 72. Preference— Act of 1862. 
 
 a. Constitutionality. 
 
 1. The title of the "bank commissioners 
 act" sufficiently expresses the subject of thei 
 act and is sufficiently general in its scope. 
 It need not embrace an abstract of the con- 
 tents of the act. — People ex rel. Gerberding 
 V. Superior Court, 100 Cal. 105, 34 Pac. 492. 
 
 2. Same. — Title of act is sufficient, within 
 the requirements of section 24, article IV of 
 the constitution. — People v. Bank of San 
 Luis Obispo, 154 Cal. 194, 97 Pac. 306. 
 
 3. Act is constitutional. — The bank act of 
 1903 is constitutional. — People v. Bank of 
 San Luis Obispo, 154 Cal. 194, 97 Pac. 306; 
 Same v. Same, 159 Cal. 65, Ann. Cas. 19i2B, 
 1148, 37 L. R. A. (N. S.) 934, 112 Pac. 866. 
 
 4. Due process — E^qual protection. — The 
 summary seizure and liquidation provided 
 for in the banking act does not render that 
 act invalid as in violation of the due process 
 and equal protection clauses of the four- 
 teenth amendment to the federal constitu- 
 tion. — State, etc.. Bank v. Anderson, 165 
 Cal. 437. 440, L. R. A. 1915E, 675, 132 Pac. 
 755. 
 
 5. Same. — The initial taliing authorized 
 by the banking act is not intended as a per- 
 manent divestment of the title of the bank 
 to its property. — State, etc., Co. v. Anderson, 
 165 Cal. 437, 447, L. R. A. 1915E, 675, 132 
 Pac. 755. 
 
 6. Police power. — The bank act deals 
 solely with a matter pertaining to the public 
 vi^elfare, and within the police power of the 
 state to regulate, and the regulations pro- 
 vided have a substantial relation to and are 
 reasonably designed to protect and safe- 
 guard the state against insecure banking. — 
 State, etc., Bank v. Anderson, 165 Cal. 437, 
 449, L. R. A. 1915E, 675, 132 Pac. 755. 
 
 7. Same — Business of banking. — The busi- 
 ness of banking is a proper and legitimate 
 subject of legislative regulation by the state 
 in the exercise of its police power. — State, 
 etc., Co. V. Anderson, 165 Cal. 437, 442, 
 L. R. A. 1915B, 675, 132 Pac. 755. 
 
 8. Depriving superior court of Jurisdic- 
 tion in insolvency — Privileges and immuni- 
 ties — Special legislation. — The "bank com- 
 missioners act" is not unconstitutional as 
 depriving the superior court of jurisdiction 
 In insolvency matters, nor in granting spe- 
 cial and exclusive rights, privileges or im- 
 munities to particular corporations, nor as 
 special or local legislation. — People ex rel. 
 
 Gerberding v. Superior Court, 100 Cal. 105, 
 34 Cal. 492. 
 
 9. The limitation of ten days to bringr 
 
 action provided by the bank act is not un- 
 leasonable. — State, etc.. Bank v. Anderson, 
 165 Cal. 437, 447, L. R. A. 1915B, 675. 132 Pac. 
 755. 
 
 10. Same. — The limitation of ten days 
 within which to bring an action provided 
 for in section 136 of the banking act is not 
 violative of the due process and equal pro- 
 tection clauses of the federal constitution. — 
 State, etc.. Bank v. Anderson, 165 Cal. 437, 
 440, L. R. A. 1915E, 675. 132 Pac. 755. 
 
 11. Liability of stockholders under the 
 act. — If section 136 of the banking act was 
 intended by the legislature to include the 
 constitutional liability of the stockholders 
 within the phrase "individual liability of the 
 stockholders," it would be obnoxious to sec- 
 tion 24, article IV of the constitution. — ■ 
 Williams v. Carver, 171. Cal. 658, 663, 154 
 Pac. 472. Constitutionality of state banking 
 statutes. See 32 L. R. A. (N. S.) 1065. 
 
 IL CONSTRUCTION AND EFFECT. 
 
 12. Act applies to all banks, w^henever 
 incorporated. — Bank commissioners act ap- 
 plies to all banks whenever incorporated. — 
 People V. Bank of San Luis Obispo, 154 Cal. 
 194, 97 Pac. 306. See McGowan v. McDonald, 
 111 Cal. 57, 43 Pac. 418. 
 
 13. Insolvent act superseded by "bank 
 commissioners act," as to banking corpora- 
 tions. — People V. Bank of San Luis Obispo, 
 154 Cal. 194, 97 Pac. 306. 
 
 14. Same. — The bank commissioners act 
 held to supersede the insolvent act so far as 
 banking corporations are concerned. — Peo- 
 ple ex rel. Gerberding v. Superior Court, 100 
 Cal. 105, 34 Pac. 492. 
 
 15. Act of 1S7G not repealed by "bank 
 commissioners act." — The act of April 1, 
 1876, requiring banking corporations to file 
 in recorder's office sworn statements as to 
 capital, assets and liabilities, was not re- 
 pealed by the bank commissioners act. — 
 Bank of British North America v. Cahn, 79 
 Cal. 463, 21 Pac. 863. 
 
 III. STATE BANKING DEPARTMENT. 
 
 a. Commissioners — Powers — Duties. 
 
 16. Power to supervise, — Power of com- 
 missioners to supervise the affairs of an 
 insolvent bank during liquidation is the 
 same as their power of supervision of banks 
 in general, and the "bank commissioners 
 act" confers no power to assume personal 
 charge of such bank to the exclusion of its 
 directors. — Long v. Superior Court, 102 Cal. 
 449, 36 Pac. 807. 
 
 17. Bxamination of banks. — Under the 
 act of 1878, commercial banks are subject to 
 examination by the bank commissioners. — 
 Wells, Fargo & Co. v. Coleman. 53 Cal. 416. 
 
 IS. Vacancy in office of commissioner. — 
 In the absence of a provision to the con- 
 trary, when there is a vacancy the powers 
 and duties of the commission may be per- 
 formed by three commissioners constituting 
 a majority of the board, and may make tlie 
 unanimous decision that "it is unsafe" for a
 
 BANKS AND BANKING. 
 
 Act 409, § 14-4 
 
 bank "to continue business." — People v. 
 Bank of San Luis Obispo, 154 Cal. 194, 97 
 Pac. 806. 
 
 19. Commissioner not invested vrith sov- 
 ereignty of state — Laclies imputed. — The 
 state bank commissioner is not invested 
 with the sovereignty of the state, and can 
 not invoke the rule against imputing laches 
 to the state on a motion to dismiss an action 
 brought by him under section 136 of the 
 bank act, for unreasonable delay in serving 
 the summons.- — Anderson v. Nawa, 25 Cal. 
 App. 151, 143 Pac. 555. 
 
 6. Regulations. 
 
 20. Loan In excess of statutory limit 
 
 may be enforced against both maker and 
 guarantor, and against mortgaged property 
 given as security therefor, notwithstanding 
 §§ 1607 and 1667, Civil Code. — Blochman, etc., 
 Bank v. F. G. Investment Co., 177 Cal. 762, 
 171 Pac. 943. 
 
 21. \Vithdrav«-al of savings bank deposits 
 by public administrator. — The provision as 
 to withdrawal of funds of a decedent by the 
 public administrator on the order of the 
 .iudge of the superior court, creates a spe- 
 cial right, with which the bank must com- 
 ply, without regard to any conditions re- 
 quired by the contract of deposit between 
 the bank and the depositor, provided com- 
 pliance would not impose upon the bank a 
 liability for which it is not provided that 
 the bank shall be indemnified. — Bryson v. 
 Security, etc.. Bank, 29 Cal. App. 596, 156 
 Pac. 987. 
 
 22. Povrer to contract debt for borro^ved 
 money. — A bank incorporated under the act 
 of April 11, 1862, has no power to contract 
 debt for borrowed money, nor for money 
 paid out at its request by a stockholder to 
 discharge its obligation to a stockholder, 
 and such a contract is ultra vires and void, 
 regardless of the relation of the stockholder 
 to the bank. — Laidlaw v. Pacific Bank, 137 
 Cal. 392, 70 Pac. 277. 
 
 2.^. Deposit of bonds as trustee — With- 
 drawal. — A corporation organized to act as 
 trustee, guardian, etc., and do a general 
 banking business, brought itself within the 
 scope of the act of 1891 (490) and the sub- 
 sequently enacted bank act; and having de- 
 posited bonds for the purpose of obtaining 
 a certificate of authority, can not there- 
 after withdraw such bonds without divest- 
 ing itself of its powers to do business, in 
 the manner prescribed by section 19 of the 
 act of 1891 and section 102 of the bank act. 
 —Spalding Co. v. Roberts, 170 Cal. 175, 178, 
 149 Pac. 41. 
 
 23a. Elsclieat of banlv depiKsit unclaimed 
 for twenty years. — Until the attorney gen- 
 eral brings an action for such deposit on 
 behalf of the state, a claimant may bring 
 suit as well after the expiration of the 
 ("venty-year period as before. — Mathews v. 
 Savings, etc., Co., (Cal.) 184 Pac. 418. 
 
 23b. Non-demand of bank deposit for 20 
 years is jurisdictional fact. — Mathews v. 
 Savings, eic, Co., (Cal.) 184 Pac. 418. 
 
 23o. Joint bank depo.>«its — Inlierltance 
 tax. — Joint bank account not subject to in- 
 
 heritance tax. — Estate of Gurnsey, 177 Cal. 
 211, 170 Pac. 402. 
 
 23d. Same — Riglit of survivorsliip. — Under 
 the provisions of section 16 of the bank act. 
 Joint deposits created under the conditions 
 therein prescribed belong to the survivor. — 
 Williams V. Savings Bank, 33 Cal. App. 655, 
 166 Pac. 366; McDougald v. Boyd, 172 Cal. 
 753, 159 Pac, 168. 
 
 IV. UNSAFE CONDITION OF BANK. 
 
 a. Superintendent of banks — Attorney general. 
 
 24. Statutory custodian. — The superin- 
 tendent of banks takes and holds property, 
 under the banking act, as a satutory custo- 
 dian until either the bank brings an action 
 to test the validity of his finding that it is 
 in an unsafe or unsound condition, under 
 which he justifies the taking, or, through a, 
 failure to do so within the ten day limit, 
 the bank admits that he was warranted in 
 making the seizure, and consents to liquida- 
 tion, or until a suit to enjoin further pro- 
 ceedings and for the restitution of the prop- 
 erty and business of the bank. — State, etc.. 
 Bank v. Anderson, 165 Cal. 437, 447, L. R. A, 
 1915E, 675, 132 Pac. 755. 
 
 25. Action by attorney general. — The 
 right of the attorney general to bring the 
 action authorized by section 10 of the bank 
 commissioners act is not affected by the un- 
 constitutionality of the provisions of that 
 section authorizing the bank commissioners, 
 on their own determination, and without no- 
 tice, to take and hold possession of the as- 
 sets of an insolvent bank, admitting such 
 unconstitutionality. — People v. Bank of San 
 Luis Obispo, 154 Cal. 194, 97 Pac. 306. 
 
 26. Same — Motion for a new trial by 
 bank in an action by tlie attorney general 
 under section 10 of the bank commissioners 
 act may be made by the bank, there being 
 nothing in the act denying that right, and 
 procedure provided by the Code of Civil 
 Procedure governing. — People v. Bank of 
 San Luis Obispo, 152 Cal. 261, 92 Pac. 481. 
 
 27. Same — Procedure. — In the absence of 
 provisions for a special method in the bank 
 commissioners act the action provided for in 
 section 10 is to be commenced and prose- 
 cuted according to the provisions of the 
 Code. — People v. Bank of San Luis Obispo, 
 152 Cal. 261, 92 Pac. 481. 
 
 28. Same — Negligence, incompetence, mis- 
 mansigement, fraud. — Attorney general has 
 no power under the bank commissioners act 
 to bring an action to enjoin a bank from 
 further transaction of business on the 
 ground of negligence. Incompetence, mis- 
 management and fraud, on behalf of indi- 
 vidual stockholders or creditors. — People, 
 etc.. Bank v. Superior Court, 103 Cal. 27, 36 
 Pac. 1015. 
 
 V. INSOLVENCY. 
 a. Proceedings, commencement of. 
 
 29. Action for debt agAinst insolvent 
 bank. — Action for debt against an insolvent 
 bank in process of liquidation under tlie 
 "bank commissioners act" can not be main- 
 tained. — Argues v. Union, etc.. Bank, 133 Cal. 
 139, 65 Pac. 307.
 
 Act 409, § 147 
 
 GE}]VE:RAIi LAWS. 
 
 228 
 
 30. Complaint — Allegation of insolvency. 
 
 — An alleg-ation that the bank commission- 
 ers unanimously found and determined that 
 the bank was insolvent and unable to pay 
 its obligations, when and payable, out of 
 its own funds, in the ordinary course of 
 business, and that it was insolvent. Is a 
 sufficient allegation that "it is unsafe" for 
 the bank "to continue business" within the 
 meaning of the "bank commissioners act." — 
 People V. Bank -of San Luis Obispo, 154 Cal. 
 194, 97 Pac. 306. 
 
 b. Jurisdiction of superior court. 
 
 31. Source and scope of jurisdiction. — 
 
 Jurisdiction of superior court in a proceed- 
 ing under the "bank Commissioners act" by 
 the attorney general against an insolvent 
 bank is derived from that act and is limited 
 by that act. — Long v. Superior Court, 102 
 Cal. 449, 36 Pac. 807. 
 
 32. Po.ssession of directors can not be 
 ousted. — The court has no power under the 
 "bank commissioners act" of 1878, to oust 
 the directors from possession of the assets 
 of an insolvent bank, or deprive them of 
 the management of its affairs during liqui- 
 dation. — Long V. Superior Court, 102 Cal. 449, 
 36 Pac. 807. 
 
 33. Jurisdiction to fill vacancies on board 
 of directors. — The superior court has Juris- 
 diction to fill vacancies on the board of 
 directors of an insolvent bank pending liqui- 
 dation under the "bank commissioners act." 
 — Braslan v. Superior Court, 124 Cal. 123, 56 
 Pac. 792. 
 
 33a. Injunction from transacting further 
 business. — In an action by the attorney gen- 
 eral against an insolvent bank, brought un- 
 der the "bank commissioners act," the supe- 
 rior court has jurisdiction to enjoin the 
 bank from further transacting new business. 
 — Long v. Superior Court, 102 Cal. 449, 36 
 Pac. 807. 
 
 34. Same. — The court has no jurisdiction 
 to issue an injunction or other order in an 
 action under the "bank commissioners act" 
 of 1878, by the attorney general against an 
 insolvent bank, until after a hearing and 
 an opportunity to the bank to contest. — 
 Peoples, etc.. Bank v. Superior Court, 103 
 Cal. 27, 36 Pac. 1015. 
 
 35. Same — Until further order.— The fact 
 that the injunction not to transact further 
 business is in terms until further order of 
 the court can not affect its character as a 
 part of the final judgment, and the injunc- 
 tion can not be dissolved prior to the final 
 closing and settlement of the bank's affairs. 
 — People v. Bank of Mendocino Co., 133 Cal. 
 107, 65 Pac. 124. 
 
 36. Until in liquidation, banic independ- 
 ent of court. — Until a bank goes into liqui- 
 dation under the provisions of section 11 
 of the "bank commissioners act" (amendment 
 of 1887) it is independent of the courts, and, 
 largely, of the bank commissioners, and it 
 is no defense to an action by a depositor for 
 the amount of his deposit that the bank is 
 in course of liquidation, voluntary, but by 
 the advice of the bank commissioners. — 
 
 Lanz V. Fresno, etc., Bank, 125 Cal. 456, 58 
 Pac. 63. 
 
 c. Directors as trustees. 
 
 37. Failure to perform trust only cause 
 of action against directors. — Directors are 
 trustees for creditors and no right of action 
 can arise in favor of a creditor against the 
 bank or the directors, except for failure to 
 perform the duties of the trust. — Argues v. 
 Union, etc., Bank, 133 Cal. 139, 65 Pac. 307. 
 
 37a. Action against directors in their 
 own name, or under the corporate name, 
 may be maintained by a creditor for the 
 disallowance of a claim, as a breach of their 
 duty, but not before such disallowance. — Ar- 
 gues v. Union, etc., Bank, 133 Cal. 139, 65 
 Pac. 307. 
 
 38. Directors are responsible for closing 
 np affairs of banl:. — The responsibility of 
 closing up the affairs of the bank rests upon 
 the officers under the supervision of the 
 bank commissioners. — Bank of Mendocino v. 
 Brown, 8 Cal. App. 566, 97 Pac. 533. 
 
 39. Personal conduct by commissioners 
 not contemplated by act. — The "bank com- 
 missioners act" does not contemplate a 
 personal conduct of the liquidation of an in- 
 solvent bank by the commissioners, but 
 merely a supervision of the directors for 
 the purpose of safeguarding the depositors 
 and stockholders against an extravagant or 
 fraudulent administration of the business. — 
 Bank of Mendocino v. Brown, 8 Cal. App. 
 566, 97 Pac. 533. 
 
 d. Stockholders' liability. 
 
 40. Suit to enforce. — Section 136 of the 
 banking act does not confer a right upon 
 the superintendent of banks to bring a suit 
 to enforce the constitutional liability of the 
 stockholders of an Insolvent bank. — "Wil- 
 liams v. Carver, 171 Cal. 658, 661, 154 Pac. 
 472. 
 
 41. No part of asset* of bank. — The con- 
 stitutional liability of the stockholders of 
 a bank for its debts is no part of its assets, 
 and the superintendent of banks has no 
 power to act for its creditors in enforcing 
 such liability. — Williams v. Carver, 171 Cal. 
 658, 662, 154 Pac. 472. 
 
 42. Meaning of bank act. — The individual 
 liability of the stockholders referred to in 
 section 136 of the banking act is the amount 
 due the bank and arising from assessments 
 made or subscriptions to corporate stock. — 
 Williams v. Carver, 171 Cal. 658, 662, 154 
 Pac. 472. 
 
 42a. Dismissal of action to enforce^ 
 Laches. — Dismissal of action by state bank 
 commissioner against stockholders under the 
 provisions of section 136 of the bank act, for 
 unreasonable delay in service of summons. — 
 Anderson v. Nawa, 25 Cal. App. 151, 143 
 Pac. 555. 
 
 e. Assessments on unpaid stock. 
 
 43. Levy of assessment — Failure to pay. 
 — Assessment may be levied by board of di- 
 rectors of insolvent bank in liquidation un- 
 der the "bank commissioners act" in a sum 
 sufficient to pay creditors, in accordance 
 with the provisions of the Civil Code, and 
 If the assessment is not paid, they may bring 
 
 1
 
 229 
 
 BAXKS A^TD BANKING. 
 
 Act 409. § 147 
 
 action to enforce payment. — Union Savings 
 Bank V. Leiter, 145 Cal. 696, 79 Pac. 441. 
 
 See, also, Union Savings Bank v. Dunlap, 
 13.J Cal. 628, 67 Pac. 10S4. 
 
 44. PoTver of directors to assess — Stat- 
 ute of limitations. — Power of directors of 
 an insolvent bank to levy assessments on 
 unpaid capital stock to pay creditors can 
 not be impaired by lapse of time so long as 
 the corporation is a going concern for pur- 
 poses of liquidation under the "bank com- 
 missioners act," and the statute does not 
 begin to run in favor of a stockholder until 
 the levy is made. — Union Savings Bank v. 
 Leiter, 145 Cal. 696, 79 Pac. 441. 
 
 45. Statutory provisions as to assess- 
 ments — Not affected by by-laws. — A banking 
 corporation can not yield up its statutory 
 power to levy assessments on unpaid capital 
 stock to pay creditors by contract with its 
 stockholders, evidenced by law limiting the 
 amount of such assessments, or otherwise. — 
 Union Savings Bank v. Leiter. 145 Cal. 696, 
 79 Pac. 441. 
 
 46. Same — Same. — A by-law limlling the 
 amount of an assessment of unpaid capital 
 stock must be construed in. connection with 
 statutory provisions relating to such assess- 
 ments, and so construed the statute and by- 
 law enter together into the contract of 
 subscription of the stockholders. — Union 
 Savings Bank v. Leiter, 145 Cal. 696, 79 Pac. 
 441. 
 
 47. Same — Same. — A by-law limiting the 
 amount that may be taken from stockhold- 
 ers of a banking corporation, by an assess- 
 ment on unpaid capital stock, when 
 properly attacked, has no force as against 
 < reditors, certainly not against creditors 
 without notice. — Union Savings Bank v. 
 Leiter, 145 Cal. 696, 79 Pac. 441. 
 
 48. Unpaid subscription to stock as as- 
 ■ets. — The board of directors maj\ after 
 adjudication in insolvency under the bank 
 commissioners act, collect the corporate as- 
 sets, including unpaid subscriptions to stock, 
 and their authority to do so does not rest 
 upon an order of the bank commissioners. — 
 People's Home Savings Bank v. Rauer, 2 
 Cal. App. 445, 84 Pac. 329. 
 
 40. Same — Same — Directors may assess. — 
 Unpaid balances due on capital stock are 
 assets and where the money or other prop- 
 erty of an insolvent bank are insufficient to 
 meet the demands of the creditors, resort 
 may be had to them; and after an adjudica- 
 tion under the "bank commissioners act," 
 the directors of the bank may assess such 
 unpaid subscriptions to pay debts, without 
 first obtaining authority to do so from the 
 court. — Union, etc.. Bank v. Dunlap, 135 Cal. 
 628, 67 Pac. 1084. 
 
 ."50. Same — Constitute equitable fund 'to 
 secure creditors. — Unpaid subscriptions to 
 stock constitute an equitable fund for the 
 security of creditors, and may be resorted 
 to, in case of necessity, by the liquidators, 
 during the liquidation of an insolvent bank. 
 — Bank of National City v. Johnston, 133 
 Cal. 185, 65 Pac. 3S3. 
 
 51. Accrual of rigrlit of action — Statute of 
 llmitatiuns. — Right of action on unpaid cap- 
 
 ital stock does not accrue until a call is 
 made, and the amount is determined with 
 time and conditions of payment, and does 
 not arise in favor of an insolvent bank 
 upon adjudication of insolvency, but only 
 when its board of directors makes an au- 
 thorized call. — Union Savings Bank v. Leiter, 
 145 Cal. 696, 79 Pac. 441. 
 
 52. Same — Notice to pay. — Where the 
 resolution of the board of directors of an 
 insolvent bank in process of liquidation re- 
 quiring payment of unpaid balances due on 
 stock did not provide when notice of call 
 should be mailed, notice mailed on the day 
 that, under the resolution, proceedings to 
 enforce payment miglit be commenced, is 
 sufficient, wliere it was published and 
 served long before proceedings were com- 
 menced. — People's Home Savings Bank v. 
 Rauer, 2 Cal. App. 445, 84 Pac. 329. 
 
 53. Recovery from transferee. — Unpaid 
 subscriptions to stock may be collected 
 from a t^'ansferee w^hose name stands on the 
 books as such transferee without anything 
 to indicate that he took the stock in pledge, 
 though he in fact did so. — People's Home 
 Savings Bank v. Rauer, 2 Cal. App. 445, 84 
 Pac. 329. 
 
 54. Set-off — Amounts paid on stockhold- 
 er's liability. — In an action by an insolvent 
 bank in liquidation under the "bank com- 
 missioners act" against a stockholder for 
 an assessment on unpaid capital stock to 
 pay creditors, the defendant can not set off 
 amounts paid by him on judgments in stock- 
 holders' liability suits. — Union Savings Bank 
 V. Leiter, 145 Cal. 696, 79 Pac. 441. 
 
 54a. Assessment to pay debts, levied 
 pending proceedings under the "bank com- 
 missioners act," though approved by the 
 bank cominissioners can not be enforced as 
 a call for the payment of unpaid subscrip- 
 tions. — Bank of National City v. Johnston, 
 133 Cal. 185, 65 Pac. 383. 
 
 54b. Same — Injunction not to transact 
 further business. — Assessment to pay debts 
 levied pending proceedings under the "bank 
 commissioners act," but not delinquent un- 
 til an adjudication of insolvency and its 
 directors enjoined from transacting further 
 business except liquidation is, in effect, set 
 aside by the judgment, and the power to 
 enforce it ended. — Bank of National City v. 
 Johnston, 133 Cal. 185, 65 Pac. 383. 
 
 f. Judgment. 
 
 55. When final. — Judgment in suit against 
 an insolvent hank brought by the attorney 
 general under the "bank commissioners 
 act," declaring the bank insolvent and re- 
 straining it from transacting further busi- 
 ness and requiring liquidation is a final 
 judgment, and after tlie e.xpiration of the 
 time for appeal has expired, without appeal, 
 the court has no jurisdiction to modify it. — 
 People V. Bank of Mendocino County, 133 
 Cal. 107, 65 Pac. 124. 
 
 56. Same — Repeal of act. — A judgment 
 under tlie act of 1903, tliat had become final 
 on appeal, is not rendered ineffectual by the 
 repeal of the act by the banking act of 1909, 
 pending an appeal from tlie order denying
 
 Act 409, § 147 
 
 GENERAL LAWS. 
 
 230 
 
 a new trial, without continuing In force 
 pending litigation under tlie repealed act. — 
 Crittenden v. Superior Court, 166 Cal. 340, 
 345, 136 Pac. 287. 
 
 57. Same — Same — Pending new trial pro- 
 ceedings. — Repeal of act after judgment has 
 been affirmed on appeal and thus become 
 final does not destroy the judgment, not- 
 withstanding pending appeal from order on 
 motion for new trial, without supersedeas 
 or stay bond. — People v. Bank of San Luis 
 Obispo, 159 Cal. 65, Ann. Cas. 1912B, 1148, 37 
 L. R. A. (N. S.) 934, 112 Pac. 866. 
 
 58. Same — Same — Abatement of proceed- 
 ings. — An action by the bank commissioners 
 on behalf of an insolvent bank instituted 
 under the act of 1903, did not abate on the 
 repeal of that act, and the court has juris- 
 diction to substitute the receiver in liquida- 
 tion, as plaintiff, and allow the action to be 
 continued in his name. — Crittenden v. Supe- 
 rior Court, 166 Cal. 340, 346, 136 Pac. 287. 
 
 59. Same — Same — New trial — Stay of pro- 
 ceedings. — A judgment under the act of 
 1903, declaring a bank insolvent, and order- 
 ing it into liquidation, and appointing a re- 
 ceiver for that purpose, affirmed on appeal, 
 was in no way stayed in law by virtue of 
 pending proceedings under a motion for a 
 new trial. — Crittenden v. Superior Court, 166 
 Cal. 340. 344, 136 Pac. 287. 
 
 60. Same — Same — Power of directors to 
 levy a.ssessment. — The repeal of the bank 
 commissioners act of 1903, without a saving 
 clause, could not affect a prior judgment 
 under its provisions decreeing the insol- 
 vency of a banking corporation and its liq- 
 uidation; nor could the repeal affect the 
 power of the directors to levy an assess- 
 ment on unpaid capital stock. — Union Sav- 
 ings Bank v. Leiter, 145 Cal. 696, 79 Pac. 441. 
 
 g. Appeal and error. 
 
 61. Superintendent of banks, appeal by. — ■ 
 The superintendent of banks, in custody of 
 the assets of an insolvent bank and engaged 
 in liquidating its business, is a proper 
 party, where the bank is a holder of a por- 
 tion of a bond issue, and had contested the 
 legality of the remaining bonds, to an ac- 
 tion to foreclose the mortgage given to se- 
 cure such bonds, and entitled to appeal In 
 his official capacity from a judgment in such 
 action adverse to the interests of such bank. 
 — Mercantile Trust Co. v. Miller, 166 Cal. 
 563, 569, 137 Pac. 913. 
 
 62. Same — Stay bond by. — Under section 
 120 of the banking act, the state superin- 
 tendent of banks is a state officer, when 
 performing the duties of his office under 
 the provisions of said act, within the mean- 
 ing of section 1058, Code of Civil Procedure, 
 and is exempt from the necessity of giving 
 a stay bond on appeal. — Mercantile Trust Co. 
 V. Miller, 166 Cal. 563, 566, 137 Pac. 913. 
 
 63. Same — Same. — The superintendent of 
 banks when acting in his official capacity as 
 the custodian of the assets of an insolvent 
 bank, is a "trustee" and also a person act- 
 ing in "another's right," within the meaning 
 of section 946, Code of Civil Procedure, and 
 the court is authorized, in its discretion, to 
 
 limit or dispense with a stay bond on ap- 
 peal by such officer. — Mercantile Trust Co. 
 V. Miller, 166 Cal. 563, 567, 137 Pac. 913. 
 
 64. Bank, appeal by. — Action by attorney 
 general authorized by section 10 of the bank 
 commissioners act Is a special proceeding 
 of a civil nature, and, there being no provi- 
 sion in the act denying the right of the 
 bank to appeal from the judgment therein, 
 that right exists under section 939, Code of 
 Civil Procedure. — People v. Bank of San 
 Luis Obispo, 152 Cal. 261, 92 Pac. 481. 
 
 h. Sale of hanJc property. 
 
 65. Judicial sale — Caveat emptor. — A sale 
 by the superintendent of banks, of property 
 of an Insolvent bank, by the order of the 
 superior court, under the "bank act," is a 
 judicial sale, and the rule of caveat emptor 
 applies. — National Bank v. Williams, 31 Cal. 
 App. 705, 161 Pac. 504. 
 
 66. Conveyance of bank property by su- 
 perintendent of banks — Taxes. — Where nei- 
 ther the order of court authorizing the con- 
 veyance nor the deed conveying the right, 
 title and interest of the insolvent bank made 
 any mention of taxes, the grantee can not 
 maintain an action for taxes paid him to 
 protect the property from sale for delin- 
 quent taxes, against the superintendent of 
 banks, although such taxes were a lien on 
 the property, but not due, at the date of the 
 conveyance. — National Bank of Bakersfield 
 V. Williams, 31 Cal. App. 705. 161 Pac. 504. 
 
 VI. MISCELLANEOUS. 
 a. Attachment. 
 
 67. Right of against insolvent bank does 
 not exist. — Right of attachment against in- 
 solvent bank does not exist, the effect of the 
 repealing clause of the bank commissioners 
 act being to repeal the inconsistent provi- 
 sions of the Code of Civil Procedure relating 
 to attachment. — Crane v. Pacific Bank, 106 
 Cal. 64, 27 L. R. A. 562, 39 Pac. 215. 
 
 68. Same — Code provisions inconsistent. — 
 The provisions of the Code of Civil Proce- 
 dure relating to attachment, in so far as 
 they have effect to give the attaching credi- 
 tor of an insolvent bank an advantage over 
 other creditors in the collection of their 
 debts, is inconsistent with the provisions of 
 the bank commissioners act. — Crane v. Pa- 
 cific Bank, 106 Cal. 64, 27 L. R. A. 562, 39 
 Pac. 215. 
 
 6. Beceiver. 
 
 69. Act Itself notice of appointment. — The 
 
 bank commissioners act itself is full notice 
 that a receiver will be appointed in the 
 event of a determination of insolvency, and 
 no other is required. — People v. Bank of San 
 Luis Obispo, 154 Cal. 194, 97 Pac. 306. 
 
 c. Finding of insolvency. 
 
 70. Sustained by evidence. — Evidence held 
 to sustain finding of insolvency. — People v. 
 Bank of San Luis Obispo, 159 Cal. 65, Ann. 
 Cas. 1912B, 1148, 37 L. R. A. (N. S.) 934, 112 
 Pac. 866. 
 
 d. Number of employees. 
 
 71. itinxiiiiiim nnniher — !>Iininiiiin salarien. 
 — When the commissioners have fixed tlie
 
 231 BANKS AND BANKING. Act 410, §§ 1-5 
 
 maximum number of employees and the — See Kerr's Cyc. Civil Code, tit. "Corpora- 
 maximum limit of tiieir salaries, the direc- tlons." 
 
 tors may fix the number and the amount of Investment of funds in bonds of particular 
 
 their salaries within these limits. — Bank of public corporations. — See title of particular 
 
 Mendocino v. Brown, 8 Cal. App. 5€6. 97 corporation, and Kerr's Cyc. Political Code, 
 
 Pac. 533. § 3480. 
 
 e. Non-stockholding depositor. License of bankers. — See Kerr's Cyc. Po- 
 
 72. Preference — Act of 18G2. — Under the litical Code, § 3379. 
 
 act a non-stockholding depositor of an in- Savings and loan corporations. — See Kerr's 
 
 solvent bank must be paid out of its assets Cyc. Civil Code, §§ 571, et seq. 
 
 before a general creditor, whether stock- Taxation of banks. — See Kerr's Cyc. Po- 
 
 holder or not. — Laidlaw v. Pacific Bank, 137 litical Code, §§ 3664, et seq. 
 
 Cal. 392, 394, 70 Pac. 277. Taxation of sbares of stock — See Kerr's 
 
 Incorporation of banks, capital stock, etc. Cyc. Political Code, §§ 3608-3610. 
 
 INVOLUNTARY LIQUIDATION OF BANKS. 
 ACT 410 — An act relating to the liquidation of banks by the superintendent of banks; 
 empowering him to levy assessments against the members and stockholders of any 
 bank in process of liquidation by him to an amount which he may determine to be 
 necessary to promptly pay the creditors of such bank in full; to enforce such assess- 
 ments by suit and empowering the superior court to determine the equities of the 
 members and stockholders of any such bank to any surplus which may remain after 
 the payment of the creditors of such bank in full and to award and distribute the 
 same accordingly. 
 
 History: Approved May 17, 1917. In effect July 27, 1917. Stats. 
 1917, p. 581. 
 
 Assessment of stockholders to pay creditors. 
 
 $ 1. Whenever the superintendent of banks shall hereafter take possession of the 
 business and property of any bank doing business in this state for the purpose of 
 liquidating its affairs, as provided by law, he may at any time during the process of 
 such liquidation determine whether it shall be necessary to assess the members or 
 stockholders of such bank in order to promptly pay the claims of the creditors of such 
 bank in full and he shall make such assessments as he may determine to be necessary 
 for that purpose. 
 
 Complaint. 
 
 $ 2. Such determination shall be evidenced by a complaint or petition against all 
 of the members and stockholders of such bank iiled by the superintendent of banks in 
 the superior court of the county where the principal place of business of such bank 
 is or was located at the time of the taking of such possession. 
 
 Further assessments. 
 
 § 3. If such assessment first made, shall prove inadequate to pay all of the creditors 
 of such bank in full the superintendent of banks may make further assessment or 
 assessments by filing supplemental complaints or petitions in the same proceeding. 
 
 Proceeds applied. 
 
 § 4. In any such proceeding such assessment shall be enforced and collected and the 
 proceeds thereof shall be added to the funds of such bank and applied by the superin- 
 tendent of banks for the payment of just claims against the same. 
 
 Payment of surplus. 
 
 § 5. If after the payment of all just claims against such bank and the cost of 
 liquidation any surplus shall remain said court shall determine the equities of the 
 respective members and stockholders of such bank thereto and direct the payment 
 thereof by the superintendent of banks accordingly.
 
 Act 433, § 1 GGNERAL LAWS. 232 
 
 Action to collect assessments. 
 
 $ 6. The superintendent of banks shall have power to maintain an action in any 
 other state or country to enforce and collect such assessments against any of such 
 members or stockholders and the proceeds thereof shall become a part of the fund and 
 be subject to the same disposition as if collected in the proceedings provided for in 
 this act. 
 
 ^ 7. This act shall not affect any action or proceeding instituted by the superin- 
 tendent of banks prior to its enactment. 
 
 Constitutionality. 
 
 § 8. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portion of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause or phrase thereof, irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses 
 or phrases be declared unconstitutional or its operation or application is or may be 
 limited or controlled by any constitutional provision. 
 
 BANNING. 
 See Act 3094, note. 
 
 CHAPTER 26. 
 BATHING RESORTS. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 4.^3. Bathing Resorts on Rivers and Streams. 
 
 434. Bathing Resorts on Seacoast and Lakes. 
 
 435. General Sanitation Act. 
 
 BATHING RESORTS ON RIVERS AND STREAMS. 
 ACT 433 — An act to regulate the keeping of bathing places and swimming resorts on 
 rivers and streams. 
 
 History: Approved April 6, 1911, Stats. 1911, p. 685. 
 
 Keepers of public bathing resorts to provide for safety of bathers. Violation of statute 
 
 a misdemeanor. 
 
 ^ 1. It shall be unlawful for any person, firm or corporation to maintain any public 
 bathing or swimming place or resort on the rivers and streams of this state unless 
 they shall carefully sound the depths of water and locate the eddies and pools and 
 determine the presence and nature of dangerous currents or sunken logs, rocks or 
 obstructions in such streams or rivers. Signs indicating in plain letters the depth of 
 water, the location of pools or eddies, and the presence and direction of currents of 
 water shall be placed and maintained in the streams and rivers during the season 
 when bathing and swimming is permitted or invited in said streams or rivers. Safety- 
 ropes shall be stretched wherever necessary to show the line of eddies, pools, sunken 
 obstructions and other hidden dangers to bathers in such streams and rivers. Any 
 violation of this act shall be a misdemeanor. 
 
 Public safety at bathing resort* on sea- Sanitation of bathing resorts. — See, post, 
 
 coast or lake. — See, post. Act 434. Act 435.
 
 233 BATHING RESORTS. Acts 434, 43a, gg 1. a 
 
 BATHING RESORTS ON SEACOAST AND LAKES. 
 ACT 434 — An act to secure the safety of the public at bathing places upon the seacoast 
 and lakes. (Approved March 10, 1909. Stats. 1909, p. 261.) 
 
 History: Approved March 10, 1909, Stats. 1909, p. 261. 
 
 Lifeboats. Duty to keep. RecLuirements for. 
 
 § 1. Everj' person, firm of persons, or corporation, owning or conducting within this 
 state a bathhouse, or other public place for the purpose of accommodating bathers, 
 bordering upon or adjoining the seacoast or a lake where the public resort for the 
 purpose of bathing in the open sea or lake shall keep one or more lifeboats fully 
 equipped with oars, oarlocks, and not less than two life-preservers, and two hundred 
 feet of rope, always in good repair and near the bathhouse or resort. Such boat or 
 boats shall have the words "lifeboat" plainly printed or painted upon them, and they 
 shall be used for no other purpose than for saving of life or for other cases of 
 emergency. 
 
 Penalty. 
 
 § 2, Any person, firm or persons, or corporation who fails to comply with the pro- 
 visions of this act is guilty of a misdemeanor and upon conviction shall be sentenced 
 to pay a fine of not less than ten nor more than two hundred dollars or be imprisoned in 
 the county jail not less than ten days nor more than six months, or by both fine and 
 imprisonment. 
 
 $ 3. This act shall take effect thirty days after its passage. 
 
 Public safety at bathing resorts on rivers Sanitation at bathing; resorts, — See, post, 
 
 and streams. — See, ante, Act 433. Act 435. 
 
 GENERAL SANITATION ACT. 
 ACT 430 — An act providing for the sanitation, healthfulness and cleanliness and safety 
 of swimming pools, public bathhouses, swimming and bathing places; regulating the 
 granting and revocation of permits therefor from the state board of health; provid- 
 ing for the inspection of such places; declaring places and things in violation of this 
 act to be nuisances dangerous to health and providing for the abatement of the same ; 
 making violations of this act misdemeanors; and providing for the punishment of 
 the same. 
 
 History: Approved April 6, 1917. In effect July 27, 1917. Stats. 
 1917, p. 70. 
 
 .Swimming pools under supervision of state board of health. 
 
 $ 1. The state board of health shall have supervision over the sanitation, health- 
 fulness and cleanliness and safety of swimming pools, bathhouses, public swimming 
 and bathing places and all related appurtenances and is hereby empowered to make 
 and enforce such rules and regulations pertaining thereto as it shall deem proper. 
 
 Permit to construct or operate swimming pool. 
 
 $ 2. It shall be unlawful for any person, persons, firm, corporation, institution or 
 municipality in any district, town, city, county, or city and county to construct or 
 to add to or modify, or to operate or to continue to operate any swimming pool, public 
 bathhouse, bathing or swimming place, or any structure intended to be used for swim- 
 ming or bathing purposes without an unrevoked permit so to do from the state board 
 of health. This permit shall be obtained in the following manner: any person, persons, 
 firm, corporation, institution or municipality desiring to construct, add to or modify, 
 or to operate and maintain any swimming pool, public bathhouse, bathing or swimming 
 places or structures intended to be used for swimming or bathing purposes within the 
 state of California shall file application for permission so to do with the state board of
 
 Act 435, §§ 3-G GENERAL LAWS. 234 
 
 health, which application shall be accompanied by detailed maps, drawings, specifica- 
 tions and description of the structure, its appurtenances and operation, description of 
 the source or sources of water supply, amount and quality of water available and 
 intended to be used, method and manner of water purification, treatment, disinfection, 
 heating, regulating and cleaning; life-saving apparatus, and measures to insure safety 
 of bathers; measures to insure personal cleanliness of bathers; method and manner of 
 washing, disinfecting, drying and storing bathing apparel and towels, and all other 
 information and statistics that may be required by the state board of health; where- 
 upon, the state board of health shall cause an investigation to be made of the pro- 
 posed or existing pool or public bathing places and if it shall determine as a fact that 
 the same is or may reasonably be expected to become unclean or insanitary or may 
 constitute a menace to public health, it shall deny the application for permit; if it 
 shall determine as a fact that the same is or may reasonably be expected to be con- 
 ducted continuously in a clean and sanitary manner, and will not constitute a menace 
 to public health, it shall grant the application for permit under such restrictions as it 
 shall deem proper. 
 
 Authority to inspect. 
 
 § 3. For the purpose of this act the state board of health or its inspectors shall at 
 any and all reasonable times have full power and authority to, and shall be permitted 
 to enter upon any and all parts of the premises of such bathing and swimming places to 
 make examination and investigation to determine the sanitary condition of such places 
 and whether the provisions of this act or the rules and regulations of the state board of 
 health pertaining thereto are being violated. The state board of health may from time 
 to time at its discretion publish the reports of such inspections in its monthly bulletin. 
 
 Revocation of permit. 
 
 § 4. Any permit granted by the state board of health as provided in this act shall 
 be revocable or subject to suspension at any time by formal action of the state board of 
 health if it shall determine as a fact that the swimming or bathing place or places 
 are being conducted in a manner insanitary, unclean or dangerous to public health. 
 
 Swimming pools operated contrary to act nuisances. 
 
 § 5. Any swimming pool, public swimming or bathing place or places, constructed, 
 operated or maintained contrary to the provisions of this act are hereby declared to 
 be public nuisances, dangerous to health. Such nuisances may be abated or enjoined 
 in an action brought by the local or state board of health or they may be summarily 
 abated in the manner provided by law for the summary abatement of public nuisances 
 dangerous to health. 
 
 Penalty. 
 
 § 6. Any person, firm or corporation, whether as principal or agent, employer or 
 employee, who violates any of the provisions of this act shall be guilty of a misde- 
 meanor, and each day that conditions or actions, in violation of this act, shall continue, 
 shall be deemed to be a separate and distinct offense, and for each offense, upon con- 
 viction, he shall be punishable by a fine of not less than twenty-five dollars nor more 
 than five hundred dollars, or shall be imprisoned in the county jail for a term not 
 exceeding six months, or by both such fine and imprisonment. 
 
 Public safety at bathing resorts on rivers Public safety at bathing resorta OQ sea- 
 
 and streams. — See, ante. Act 433. coast. — See, ante, Act 434. 
 
 BEAUMONT. 
 See Act 3094, note. 
 
 BELVEDERE. 
 
 See Act 3094, note.
 
 235 BENEFIT SOCIETIES. Act 440, §§ 1-4 
 
 CHAPTER 26a. 
 BENEFIT SOCIETIES. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 440. Fraternal Insurance Act. 
 
 441. Unincorporated Societies May Hold Real Estate. 
 
 442. Fraternal Fire Insurance. 
 
 443. Family Protection. 
 
 444. Change op Fraternal to Regular Life Plan. 
 
 445. Consolidation, Merger or Reinsurance. 
 
 FRATERNAL INSURANCE ACT. 
 
 ACT 440 — An act for the regulation and control of fraternal benefit societies. 
 History: Approved May 1, 1911, Stats. 1911, p. 1320. Amended June 
 7, 1915. In effect August 8, 1915. Stats. 1915, p. 1273; April 24, 1917. 
 In effect July 27, 1917. Stats. 1917, p. 164; May 21, 1917. In effect 
 July 27, 1917. Stats. 1917, p. 785; June 1, 1917. In effect July 31. 1917. 
 Stats. 1917, p. 1651. 
 
 Fraternal benefit society defined. 
 
 ^ 1. Any corijoration, society, order, or voluntary association, without capital stock, 
 organized and caiTied on solely for the mutual benefit of its members and their bene- 
 ficiaries, and not for profit, and having a lodge system with ritualistic form of work and 
 representative form of government, and which shall make provision for the payment 
 of benefits in accordance with section five hereof, and any mutual life association 
 whose membership is limited to a secret fraternity, profession or guild, and which 
 elects its officers and directors by direct vote of its members, either in person or by 
 proxy, is hereby declared to be a fraternal benefit society. [Amendment of June 7, 
 1915.' In effect August 8, 1915. Stats. 1915, p. 1273.] 
 
 Lodge system. 
 
 § 2. Any society having a supreme governing or legislative body and subordinate 
 lodges or branches by whatever name known, into which members shall be elected, 
 initiated and admitted in accordance with its constitution, laws, rules, regulations, and 
 prescribed ritualistic ceremonies, which subordinate lodges or branches shall be required 
 by the laws of such society to hold regular or stated meetings at least once 
 in each month, shall be deemed to be operating on the lodge system. 
 
 Representative form of government. 
 
 § 3. Any such society shall be deemed to have a representative form of government 
 when it shall provide in its constitution and laws for a supreme legislative or governing 
 body, composed of representatives elected either by the members or by delegates elected 
 directly or indirectly by the members, together with such other members as may be 
 prescribed by its constitution and laws; provided, that the elective members shall con- 
 stitute a majority in number and have not less than two-thirds of the votes, nor less 
 than the votes required to amend its constitution and laws; and provided, further, that 
 the meetings of the supreme or governing body, and the election of officers, representa- 
 tives or delegates shall be held as often as once in four years. The members, officers, 
 representatives or delegates of a fraternal benefit society shall not vote by proxy. 
 
 Societies exempt. 
 
 $ 4. Except as herein provided, such societies shall be governed by this act and shall 
 be exempt from all provisions of the insurance laws of this state, not only in govern- 
 mental relations with the state, but for every other purpose, and no law hereafter 
 enacted shall apply to them, unless they be expressly designated therein.
 
 Act 440, §§ 5-7 GENERAL LAWS. 23fl 
 
 Benefits. 
 
 4 5. Subsection 1. Evei'y society transacting business under this act shall provide 
 for the paj'ment of death benefits, and may provide for the payment of benefits in case 
 of temporary or permanent physical disability, either as the result of disease, accident 
 or old age; provided, the period of life at which the payment of benefits for disability 
 on account of old age shall commence, shall not be under seventy years, and may 
 provide for monuments or tombstones to the memory of its deceased members and 
 for the payment of funeral benefits. Such society shall have the power to give a 
 member, when permanently disabled or on attaining the age of seventy, all or such 
 portion of the face value of his certificate as the laws of the society may provide; 
 provided, that nothing in this act contained shall be so construed as to prevent the 
 issuing of benefit certificates for a term of years less than the whole of life which are 
 paj'able upon the death or disability of the member occurring within the term for 
 which the benefit certificate may be issued. Such society shall, upon written applica- 
 tion of the member, have the power to accept a part of the periodical contributions in 
 cash, and charge the remainder, not exceeding one-half of the periodical contribution, 
 against the certificate with interest paj^able or compounded annually at a rate not lower 
 than four per cent per annum; provided, that this i^rivilege shall not be granted except 
 to societies which have readjusted or may hereafter readjust their rates of contribu- 
 tions and to contracts affected by such readjustment. 
 
 Society to maintain reserve. 
 
 Subsection 2. Any society which shall show by the annual valuation hereinafter 
 provided for that it is accumulating and maintaining the reserve necessary to enable it 
 to do so, under a table of mortality not lower than the American experience table and 
 four per cent interest, may grant to its members, extended and paid-up protection or 
 such withdrawal equities as its constitution and laws may provide; provided, that such 
 gi-ants shall in no case exceed in value the portion of the reserve to the credit of such 
 members to whom they are made. 
 
 Beneficiaries of fraternal benefit societies. 
 
 $ 6. The payment of death benefits shall be confined to wife, husband, relative by 
 blood to the fourth degree, father-in-law, mother-in-law, son-in-law, daughter-in-law, 
 stepfather, stepmother, stepchildren, children by legal adoption, or to a person or 
 persons dependent upon the member; provided, that if there is not living any person 
 above designated, the member may designate any friend as his beneficiary or may 
 direct that said benefit be paid to his estate; provided, further, that if after the 
 issuance of the original certificate the member shall become dependent upon an incor- 
 porated charitable institution, he shall have the privilege, with the consent of the 
 society, to make such institution his beneficiary," Within the above restrictions each 
 member shall have the right to designate his beneficiary, and, from time to time, have 
 the same changed in accordance with the laws, rules or regulations of the society, and 
 no beneficiary shall have or obtain any vested interest in the said benefit until the same 
 has become due and payable upon the death of said member; provided, that any society- 
 may, by its laws, limit the scope of beneficiaries within the above classes. [Amendment 
 of May 21, 1917. In effect July 27, 1917. Stats. 1917, p. 785.] 
 
 Membership. 
 
 $ 7. Any society may admit to beneficial membership any person not less than six- 
 teen and not more than sixty years of age, who has been examined by a legally qualified 
 physician and whose examination has been supervised and approved in accordance with 
 the laws of the society; provided, that any beneficiary member of such society who shall 
 apply for a certificate providing for disability benefits, need not be required to pass an
 
 237 BENEFIT SOCIETIES. Act 4 10, g§ 9-11 
 
 additional medical examination therefor. Nothing herein contained shall prevent such 
 society from accepting general or social members. 
 
 Certificate to specify amount of benefit. 
 
 $ 8. Every certificate issued by any such society shall specify the amount of benefit 
 provided thereby, and shall provide that the certificate, the charter or articles of incor- 
 poration, or, if a voluntary association, the articles of association, the constitution and 
 laws of the society and the application for membership and medical examination, signed 
 by the applicant, and all amendments to each thereof, shall constitute the agreement 
 between the society and the member, and copies of the same certified by the secretary of 
 the society, or corresponding officer, shall be received in evidence of the terms and con- 
 ditions thereof and any changes, additions or amendments to said charter or articles of 
 incorporation, or articles of association, if a voluntary association, constitution or laws 
 duly made or enacted subsequent to the issuance of the benefit certificate shall bind the 
 member and his beneficiaries, and shall govern and control the agreement in all respects 
 the same as though such changes, additions or amendments had been made prior to and 
 were in force at the time of the application for membership. 
 
 Funds. 
 
 § 9. Subsection 1. Any society may create, maintain, invest, disburse and apply an 
 emergency, surplus or other similar fund in accordance with its laws. Unless otherwise 
 provided in the contract, such funds shall be held, invested, and disbursed for the use 
 and benefit of the society, and no member or beneficiary shall have or acquire individual 
 rights therein or become entitled to any apportionment or the surrender of any part 
 thereof, except as provided in subsection 2 of section 5 of this act. The funds frora 
 which benefits shall be paid and the funds from which the expenses of the society shall 
 be defrayed, shall be derived from periodical or other payments by the members of the 
 society and accretions of said funds; provided, that no society, domestic or foreign, 
 shall hereafter be incorporated or admitted to transact business in this state, which 
 does not provide for stated periodical contributions sufficient to provide for meeting the 
 mortuary obligations contracted, when valued upon the basis of the national fraternal 
 congress table of mortality as adopted by the national fraternal congress, August 23, 
 1899, or any higher standard with interest assumption not more than four per cent per 
 annum, nor write or accept members for temporary or permanent disability benefits 
 except upon tables based upon reliable experience, with an interest assumption not 
 higher than four per cent per annum. 
 
 Deferred pajonents considered fixed liabilities. 
 
 Subsection 2. Deferred payments or installments of claims shall be considered as 
 fixed liabilities on the happening of the contingency upon which such payments or 
 installments are thereafter to be paid. Such liability shall be the present value of 
 such future payments or installments upon the rate of interest and mortality assumed 
 by the society for valuation, and every society shall maintain a fund sufficient to meei 
 such liability regardless of proposed future collections to meet any such liabilities. 
 
 Investment of funds. 
 
 § 10. Every society shall invest its funds only in securities permitted by the laws o ', 
 this state for the investment of the assets of life insurance companies; provided, that 
 any foreign society permitted or seeking to do business in this state, which invests irs 
 funds in accordance with the laws of the state in which it is incorporated, shall be he7d 
 to meet the requirements of this act for the investment of funds. 
 
 Distribution of funds. 
 
 $ 11. Every provision of the laws of the society for payment by members of such 
 society, in whatever form made, shall distinctly state the purpose of the same and ihe
 
 «.ct 440, § 12 GKNGRAL. LAWS. 238 
 
 proportion thereof which may be used for expenses, and no part of the money collected 
 for mortuary or disability purposes or the net accretions of either or any of said funds 
 shall be used for expenses. 
 
 Organization of society. 
 
 § 12. Seven or more persons, citizens of the United States, and a majority of whom 
 are citizens of this state, who desire to form a fraternal benefit society, as defined by 
 this act, may make and sign (giving their addresses) and acknowledge before some 
 officer competent to take acknowledgment of deeds, articles of incorporation, in which 
 shall be stated: 
 
 First — The proposed corporate name of the society, which shall not so closely resem- 
 ble the name of any society or insurance company already transacting business in this 
 state as to mislead the public or to lead to confusion. 
 
 Second — The purpose for which it is formed — which shall not include more liberal 
 powers than are granted by this act, provided, that any lawful social, intellectual, edu- 
 cational, charitable, benevolent, moral or religious advantages may be set forth among 
 the purposes of the society — and the mode in which its corporate powers are to be 
 exercised. 
 
 Third — The names, residences and official titles of all the officers, trustees, directors 
 or other persons who are to have and exercise the general control and management of 
 the affairs and funds of the society for the first year, or until the ensuing election at 
 which all such officers shall be elected by the supreme legislative or governing body 
 which election shall be held not later than one year from the date of the issuance of 
 the permanent certificate. 
 
 Papers to be filed with insurance commissioner. Must secure at least five hundred 
 applications to complete organization. Advance payments. Insurance commissioner 
 may examine. Preliminary certificate. Constitution. 
 
 Such articles of incorporation and duly certified copies of the constitution and laws, 
 rules and regulations, and copies of all proposed forms of benefit certificates, applica- 
 tions therefor and circulars to be issued by such society, and a bond in the sum of five 
 thousand dollars, -with sureties approved by the insurance commissioner conditioned 
 upon the return of the advanced payments, as provided in this section, to applicants, if 
 the organization is not completed within one year, shall be filed with the insurance 
 commissioner, who may require such further information as he deems necessary, and 
 if the purposes of the society conform to the requirements of this act, and all provisions 
 of law have been complied with, the insurance commissioner, shall so certify and retain 
 and file the articles of incorporation, and furnish the incorporators a preliminary cer- 
 tificate authorizing said society to solicit members as hereinafter provided. Upon 
 receipt of said certificate from the insurance commissioner said society may solicit 
 members for the purpose of completing its organization and shall collect from each 
 applicant the amount of not less than one regular monthly payment, in accordance with 
 its table of rates as provided by its constitution and laws, and shall issue to each such 
 applicant a receipt for the amount so collected. But no such society shall incur any 
 liability other than for such advanced payments, nor issue any benefit certificate nor 
 pay or allow, or offer or promise to pay or allow, to any person any death or disability 
 benefit until actual bona fide applications for death benefit certificates have been secured 
 upon at least five hundred lives for at least one thousand dollars each, and all such 
 applicants for death benefits shall have been regularly examined by legally qualified 
 practicing physicians, and certificates of such examinations have been duly filed and 
 approved by the chief medical examiner of such society, nor until there shall be estab- 
 lished ten subordinate lodges or branches into which said five hundred applicants have 
 been initiated, nor until there has been submitted to the insurance commissioner, under
 
 239 BENEFIT SOCIETIES. Act 440, § 13 
 
 oath of the president and secretary, or corresponding officers of such society, a list of 
 such applicants, givinar their names, addresses, date examined, date approved, date 
 initiated, name and number of the subordinate branch of which each applicant is a mem- 
 ber, amount of benefits to be granted, rate of stated periodical contributions which shall 
 be sufficient to provide for meeting the mortuary obligation contracted, when valued for 
 death benefits upon the basis of the national fraternal congress table of mortality, as 
 adopted by the national fraternal congress August 23, 1899, or any higher standard at 
 the option of the society, and for disability benefits by tables based upon reliable expe- 
 rience and for combined death and permanent total disability benefits by tables based 
 upon reliable experience, with an interest assumption not higher than four per cent per 
 annum, nor until it shall be shown to the insurance commissioner by the sworn state- 
 ment of the treasurer, or corresponding officer of such society, that at least five hundred 
 applicants have each paid in cash at least one regular monthly payment as herein pro- 
 vided per one thousand dollars of indemnity to be effected, which payments in the 
 aggregate shall amount to at least twenty-five hundred dollars, all of which shall be 
 credited to the mortuarj' or disability fund on account of such applicants, and no part 
 of which may be used for expenses. Said advanced payments shall, during the period 
 of organization, be held in trust, and, if the organization is not completed within one 
 year as hereinafter provided, returned to said applicants. The insurance commissioner 
 may make such examination and require such further information as he deems advis- 
 able, and upon presentation of satisfactory evidence that the society has complied with 
 all the provisions of law he shall issue to such society a certificate to that effect. Such 
 certificate shall be prima facie evidence of the existence of such society at the date of 
 such certificate. The insurance commissioner shall cause a record of such certificate 
 to be made and a certified copy of such record may be given in evidence with like effect 
 as the original certificate. No preliminary certificate granted under the provisions of 
 this section shall be valid after one j^ear from its date, or after such further period, not 
 exceeding one year, as may be authorized by the insurance commissioner upon cause 
 shoAvn, unless the five hundred applicants herein required have been secured and the 
 organization has been completed as herein provided, and the articles of incorporation 
 and all proceedings thereunder shall become null and void in one year from the date of 
 said preliminary certificate, or at the ex^Diration of said extended period, unless such 
 society shall have completed its organization and commenced business as herein pro- 
 vided. When any domestic society shall have discontinued business for the period of 
 one year, or has less than four hundred members, its charter shall become null and void. 
 Every such society shall have the power to make a constitution and by-laws for the 
 government of the society, the admission of its members, the management of its affairs 
 and the fixing and readjusting of the rates of contribution of its members from time to 
 time: and it shall have the power to change, alter, add to or amend such constitution 
 and by-laws and shall have such other powers as are necessary and incidental to eairy- 
 ing into effect the objects and purposes of the society. 
 
 Powers retained. 
 
 $ 13. Any society now engaged in transacting business in this state may exercise, 
 after the passage of this act, all of the rights conferred therebj', and all of the rights, 
 powers and privileges now exercised or possessed by it under its charter or articles of 
 incor^joration not inconsistent with this act, if incorporated; or, if it be a voluntary 
 association, it may incorporate hereunder. But no society already organized shall be 
 required to reincorporate hereunder, and any such society may amend its articles of 
 incorporation from time to time in the manner provided therein or in its constitution 
 and laws and all such amendments shall be filed with the insurance commissioner, and 
 shall become operative upon such filing, unless a later time be provided in such amend- 
 ments or in its articles of incorporation, constitution or laws.
 
 Act 440, §§ 14-16 
 
 GENERAL. LAWS. 
 
 240 
 
 Mergers and transfers. 
 
 5 14. No domestic society shall merge with or accept the transfer of the membership 
 or funds of any other society unless such merger or transfer is evidenced by a contract 
 in writing, setting out in full the terms and conditions of such merger or transfer, and 
 filed with the insurance commissioner of this state, together with a sworn statement of 
 the financial condition of each of said societies, by its president and secretary, or cor- 
 responding officers, and a certificate of such ofl&cers, duly verified under oath of said 
 officers of each of the contracting societies, that such merger or transfer has been 
 approved by a vote of two-thirds of the members of the supreme legislative or govern- 
 ing body of each of said societies. Upon the submission of said contract, financial state- 
 ments and certificates, the insurance commissioner shall examine the same, and, if he 
 shall find such financial statements to be correct and the said contract to be in con- 
 formity with the provisions of this section, and that such merger or transfer is just 
 and equitable to the members of each of said societies, he shall approve said merger or 
 transfer, issue his certificate to that effect, and thereupon the said contract of merger 
 or transfer shall be of full force and effect. In case such contract is not approved, the 
 fact of its submission and its contents shall not be disclosed by the insurance com- 
 missioner. 
 
 Annual license. 
 
 $ 15. Societies which are now authorized to transact business in this state may con- 
 tinue such business until the first day of July next succeeding the passage of this act, 
 and the authority of such societies may thereafter be renewed annually, but in all cases 
 to terminate on the first day of the succeeding July; provided, however, the certificate 
 of authority shall continue in full force and effect until the new certificate of authority 
 be issued or specifically refused. For each such certificate of authority or renewal the 
 society shall pay the insurance commissioner ten dollars. A duly certified copy or 
 duplicate of such certificate of authority shall be prima facie evidence that the licensee 
 is a fraternal benefit society within the meaning of this act. 
 
 Foreign societies must secure certificates. Same qualifications required of foreign as 
 
 of domestic societies. 
 
 § 16. No foreign society now transacting business organized prior to the passage of 
 this act, which is not now authorized to transact business in this state, shall transact 
 any business herein without a certificate of authority from the insurance commissioner. 
 Any such society shall be entitled to a certificate of authority to transact business 
 within this state upon filing with the insurance commissioner a duly certified copy of 
 its charter or articles of association; a copy of its constitution and laws, certified by 
 its secretary or corresponding officer, a power of attorney to the insurance commis- 
 sioner as hereinafter provided; a statement of its business under oath of its president 
 and secretary, or corresponding officers, in the form required by the insurance com- 
 missioner, duly verified by an examination made by the supervising insurance official 
 of its home state or other state satisfactory to the insurance commissioner of this state ; 
 a certificate from the proper official in its home state, province or country that the 
 society is legally organized; a copy of its contract, which must show that benefits are 
 provided for by periodical, or other payments, by persons holding similar contracts, and 
 upon furnishing the insurance commissioner such other information as he may deem 
 necessary to a proper exhibit of its business and plan of working and upon showing 
 that its assets are invested in accordance with the laws of the state, territory, district, 
 province or country where it is organized, he shall issue a certificate of authority to 
 such society to do business in this state until the fii'st day of the succeeding July and 
 such certificate of authority shall, upon compliance with the provisions of this act, be 
 renewed annually, but in all eases to terminate on the first day of the succeeding July;
 
 241 BENEFIT SOCIETIES. Act 440, §g 17-19 
 
 provided, however, that certificate of authority shall continue in full force and effect 
 until the new certificate of authority be issued or specifically refused. Any foreign 
 society desiring admission to this state shall have the qualifications required of domestic 
 societies organized under this act and have its assets invested as required by the laws 
 of the state, territory, district, country, or province where it is organized. For each 
 such certificate or renewal the society shall pay the insurance commissioner twenty 
 dollars. When the insurance commissioner refuses to issue a certificate of authority 
 to any society, or revokes its certificate of authority to do business in this state, he shall 
 reduce his ruling, order or decision to writing and file the same in his office, and shall 
 furnish a copy thereof, together with a statement of his reasons, to the officers of the 
 society, upon request, and the action of the insurance commissioner shall be reviewable 
 by proper proceedings in any court of competent jurisdiction within the state ; provided, 
 however, that nothing contained in this or the preceding section shall be taken or con- 
 strued as preventing any such society from continuing in good faith all contracts made 
 in this state during the time such society was legally authorized to transact business 
 herein. 
 
 Power of attorney and service of process. 
 
 § 17. Every society, whether domestic or foreign, now transacting business in this 
 state shall, within thirty days after the passage of this act, and every such society here- 
 after applying for admission, shall, before being licensed, appoint in writing the insur- 
 ance commissioner and his successors in office to be its true and lawful attorney, upon 
 whom all legal process in any action or proceeding against it shall be served, and in 
 such writing shall agree that any lawful process against it which is served upon such 
 attorney shall be of the same legal force and validity as if served upon the society and 
 that the authority shall continue in force so long as any liability remains outstanding 
 in this state. Copies of such appointment, certified by said insurance commissioner, 
 shall be deemed sufficient evidence thereof and shall be admitted in evidence with the 
 same force and effect as the original thereof might be admitted. Service shall only be 
 made upon such attorney, must be made in duplicate upon the insurance commissioner 
 or in his absence upon the person in charge of his office and shall be deemed sufficient 
 service upon such society; provided, however, that no such service shall be valid or 
 binding against any such society when it is required thereunder to file its answer, jjlead- 
 ing or defense in less than thirty days from the date of mailing the copy of such 
 service to such society. When legal process against any such society is served upon 
 said insurance commissioner he shall forthwith forward by registered mail one of the 
 duplicate copies prepaid and directed to its secretary or corresponding officer. Legal 
 process shall not be served upon any such society except in the manner provided herein. 
 
 Meetings. 
 
 $ 18. Any domestic society may provide that the meetings of its legislative or govern- 
 ing body may be held in any state, district, province or territory wherein such society 
 has subordinate branches and all business transacted at such meetings shall be as 
 valid in all respects as if such meetings were held in this state. But its principal office 
 shall be located in this state. 
 
 No personal liability. 
 
 5 19. Officers and members of the supreme, grand or any subordinate body of any 
 such incorporated society shall not be individually liable for the payment of any disa- 
 bility or death benefit provided for in the laws and agreements of such society, but the 
 same shall be payable only out of the funds of such society and in the manner provided 
 by its laws. 
 
 Gen. Laws — 16
 
 Act 440, §§ 20-23 GENERAL. LAWS. 242 
 
 Subordinate body must not waive constitution. 
 
 § 20. The constitution and laws of the society may provide that no subordinate body, 
 nor any of its subordinate officers or members shall have the power or authority to 
 waive any of the provisions of laws and constitutiou of the society, and the same shall 
 be binding on the society and each and every member thereof and on all beneficiaries 
 of members. 
 
 Benefits may not be attached. 
 
 § 21. No money or other benefit, charity or relief or aid to be paid, provided or 
 rendered by any such society shall be liable to attachment, garnishment or other process, 
 or be seized, taken, appropriated or applied by any legal or equitable process or opera- 
 tion of law to pay any debt or liability of a member or beneficiary, or any person who 
 may have a right thereunder, either before or after payment. 
 
 Amendments to constitution filed with insurance commissioner. 
 
 $ 22. Every society transacting business under this act shall file with the insurance 
 commissioner a duly certified copy of all amendments of or additions to its constitution 
 and laws within ninety days after the enactment of the same. Printed copies of the 
 constitution and laws as amended, changed or added to, certified by the secretary or 
 corresponding officer of the society shall be prima facie evidence of the legal adoption 
 thereof. 
 
 Annual reports. Report on valuation of certificates. Valuation certified by actuary. 
 
 When society is considered solvent. Report mailed to members. 
 
 § 23. Every society transacting business in this state shall annually, on or before 
 the first day of March, file with the insurance commissioner in such form as he may 
 require, a statement under oath of its president and secretary, or corresponding officers, 
 of its condition and standing on the thirty-first day of December next preceding, and of 
 its transactions for the year ending on that date and also shall furnish such other infor- 
 mation as the insurance commissioner may deem necessary to a proper exhibit of its 
 business and plan of working. The insurance commissioner may at other times require 
 any further statement he may deem necessary to be made relating to such society. In 
 addition to the annual report herein required, each society shall annually report to the 
 insurance commissioner a valuation of its certificates in force on December 31st, last 
 preceding, excluding those issued within the year for which the report is filed, in cases 
 where the contributions for the first year in whole or in part are used for current mor- 
 tality and expenses, provided the first report of valuation shall be made as of Decem- 
 ber 31, 1912. Such report of valuation shall show, as contingent liabilities, the present 
 mid-year value of the promised benefits provided in the constitution and laws of such 
 society under certificates then subject to valuation ; and, as contingent asset, the present 
 mid-year value of the future net contributions provided in the constitution and laws as 
 the same are in practice actually collected. At the option of any society, in lieu of the 
 above, the valuation may show the net value of the certificates subject to valuation 
 hereinbefore provided and said net value, when computed in case of monthly contribu- 
 tions, may be the mean of the terminal values for the end of the preceding and of the 
 current insurance years. Such valuation shall be certified by a competent accountant 
 or aetuars'^, or at the request and expense of the society, verified by the actuary of the 
 departm^ent of insurance of the home state of the society, and shall be filed with the 
 insurance commissioner within ninety days after the submission of the last preceding 
 annual report. The legal minimum standard of valuation for all certificates, except for 
 disability benefits, shall be the national fraternal congress table of mortality as adopted 
 by the national fraternal congress August 23, 1899, at the option of the society, any 
 higher table, or, at its option, it may use a table based upon the society's own experi-
 
 243 BEIVEFIT SOCIETIES. Act 440, § 33a 
 
 ence of at least twenty years and covering not less than one hundred thousand lives 
 with interest assumption not more than four per centum per annum. Each such valua- 
 tion report shall set forth clearly and fully the mortality and interest basis and the 
 method of valuation. Any society providing for disability benefits shall keep the net 
 contributions for such benefits in a fund separate and apart from all other benefit and 
 expense funds and the valuation of all other business of the society; provided, that 
 where a combined contribution table is used by a society for both death and permanent 
 total disability benefits, the valuation shall be according to tables of reliable experience 
 and in such case a separation of the funds shall not be required. The valuation herein 
 provided for shall not be considered or regarded as a test of the financial solvency of 
 the society, but each society shall be held to be legally solvent so long as the funds in 
 its possession are equal to or in excess of its matured liabilities. Beginning with the 
 year 1914 a report of such valuation and an explanation of the facts concerning the 
 condition of the society thereby disclosed shall be printed and mailed to each beneficiary- 
 member of the society not later than June 1st of each year, or, in lieu thereof, such 
 report of valuation and showing of the society's condition as thereby disclosed may be 
 published in the society's official paper and the issue containing the same mailed to each 
 beneficiary member of the society. The laws of such society shall provide that if the 
 stated periodical contributions of the members are insufficient to pay all matured death 
 and disability claims in full and to provide for the creation and maintenance of the 
 funds required by its laws, additional increased or extra rates of contribution shall be 
 collected from the members to meet such deficiency; and such laws may provide that, 
 upon the written application or consent of the member, his certificate may be charged 
 with its proportion of anj' deficiency disclosed by valuation, with interest not exceeding 
 five per centum per annum. 
 
 Provisions to insure future security. 
 
 §23a. If the valuation of the certificates, as hereinbefore provided, on December 31, 
 1917, shall show that the present value of future net contributions, together with the 
 admitted assets, is less than the present value of the promised benefits and accrued 
 liabilities, such society shall thereafter at least maintain said financial condition at 
 each succeeding triennial valuation in respect* of the degree of deficiency as shown in 
 the valuation as of December 31, 1917. If at any succeeding triennial valuation such 
 society does not show at least the same condition, the insurance commissioner shall 
 direct that it thereafter comply with the requirements herein specified. If the next 
 succeeding triennial valuation after the receipt of such notice shall show that the 
 society has failed to maintain the condition required herein, the insurance commis- 
 sioner may, in the absence of good cause shown for such failure, institute proceedings 
 for the dissolution of such society, in accordance with the provision of section 24 of 
 this act, or in the case of a foreign society, its license may be canceled in the manner 
 provided in this act. 
 
 Any such society showoi by any triennial valuation, subsequent to December 31, 1917, 
 not to have maintained the condition herein required, shall, within two years thereafter, 
 make such improvement as to show a percentage of deficiency not greater than as of 
 December 31, 1917, or thereafter, as to all new members admitted, be subject, so far 
 as stated rates of contributions are concerned, to the provisions of section 12 of this 
 act, applicable in the organization of new societies; provided, that the net mortuary or 
 beneficiary contributions and funds of such new members shall be kept separate and 
 apart from the other funds of the society. If such required improvement is not shown 
 by the succeeding triennial valuation, then the said new members may be placed in a 
 separate class and their certificates valued as an independent society in respect of 
 contributions and funds. [Amendment of April 24, 1917. In effect July 27, 1917. 
 Stnts. ini7, p. 164.]
 
 Act 440, g 23b 
 
 GENERAL, LAWS. 
 
 244 
 
 Valuation of certificates on "accumulation basis." 
 
 § 23b. In lieu of the requirements of sections twentj^-three and twenty-three a, any 
 society accepting in its laws the provisions of this section may value its certificates 
 on a basis, herein designated "accumulation basis," by crediting each member with the 
 net amount contributed for each year and with interest at approximately the net rate 
 earned and by charging him with his share of the losses for each year, herein desig- 
 nated "cost of insurance" and carrying the balance, if any, to his credit. The charge 
 for the cost of insurance may be according to the actual experience of the society 
 applied to a table of mortality recognized by the law of this state, and shall take into 
 consideration the amount at risk during each year, which shall be the amount payable 
 at death less the credit to the member. Except as specifically provided in its articles 
 or laws or contracts no charge shall be carried forward from the first valuation here- 
 under against any member for any past share of losses exceeding the contributions and 
 credit. If, after the first valuation, any member's share of losses for any year exceeds 
 his credit including the contribution for the year, the contribution shall be increased 
 to cover his share of the losses, and if the credit at the time any benefit becomes pay- 
 able during the lifetime of the member, including any available funds does not equal 
 such benefit, the contributions to be made by him or on his behalf shall be increased by 
 the difference. Any such excess share of losses chargeable to any member may be paid 
 out of a fund or contributions especially created or required for such purpose. 
 
 Any member may transfer to any plan adopted by the society with net rates on 
 which tabular reserves are maintained and on such transfer shall be entitled to make 
 such application of his credit as provided in the laws of the society. 
 
 Value of certificate on "tabular basis." 
 
 Certificates issued, rerated or readjusted on a basis providing for adequate rates with 
 adequate reserves to mature such certificates upon assumptions for mortality and 
 interest recognized by the law of this state shall be valued on such basis, herein desig- 
 nated the "tabular basis"; provided, that if on the first valuation under this section 
 a deficiency in reserve shall be shown for any such certificate, the same shall be valued 
 on the accumulation basis. 
 
 Whenever in any society having members upon the tabular basis and upon the accum- 
 ulation basis, the total of all costs of insurance provided for any year shall be insuffi- 
 cient to meet the actual death and disability losses for the year, the deficiency shall be 
 met for the year from the available funds after setting aside all credits in the resei-ve ; 
 or from increased contributions or by an increase in the number of assessments applied 
 to the society as a whole or to classes of members as may be specified in its laws. 
 Savings from a lower amount of death losses may be returned in like manner as may 
 be specified in its laws. 
 
 If the laws of the society so provide, the assets representing the reserves of any 
 separate class of members may be carried separately for such class as if in an inde- 
 pendent society, and the required reserve accumulation of such class so set apart shall 
 not thereafter be mingled with the assets of other classes of the society. 
 
 Table of rates and credits. 
 
 A table showing the rates being paid by and the credits to individual members at 
 each age and year of entry, and showing opposite each credit the tabular rates and the 
 tabular reserve required, or at the option of the society the required reserve on a level 
 rate equivalent to that being paid, according to assumptions for mortality and interest 
 recognized by the laAvs of this state and adopted by the society, and, in either case, 
 including any benefit payable at a specified age or on account of old age disability shall 
 be filed by the society with each annual report and also be furnished to each member 
 before July first of each year.
 
 "45 BENEFIT SOCIETIES. Act 440, §§ 24-2© 
 
 Tn lieu of the aforesaid statement there maj^ be furnished to each member within 
 the same time a statement giving the data aforesaid for such member. No table or 
 statement need be made or furnished when the reserves are maintained on the tabular 
 basis. 
 
 For this purpose, individual bookkeeping accounts for each member shall not be 
 required and all calculations may be made by actuarial methods. 
 
 Nothing herein contained shall prevent the maintenance of such surplus over and 
 above the credits on the accumulation basis and the resrves on the tabular basis as 
 the society may provide by or pursuant to its laws; nor be construed as giving to the 
 individual member any right or claim to any such reserve or credit other than in manner 
 as expressed in the contract and its laws; nor as making any such reserve or credits a 
 liability in determining the legal solvency of the society. [New section added April 24, 
 1917. In effect July 27, 1917. Stats. 1917, p. 165.] 
 
 Examination of domestic societies by insurance commissioner. Expense of examination. 
 
 Action when societies fail to reach required standard. Proceedings only after notice. 
 
 § 24. The insurance commissioner, or any person he may appoint, shall have the 
 power of visitation and examination into the affairs of any domestic society. He may 
 employ assistants for the purpose of such examination, and he, or any person he may 
 appoint, shall have free access to all the books, papers and documents that relate to the 
 business of the society and may summon and qualify as witness under oath and examine 
 its officers, agents and employees or other persons in relation to the affairs, transac- 
 tions and condition of the society. The expense of such examination shall be paid by 
 the society examined, upon statement furnished by the insurance commissioner, and the 
 examination shall be made at least once in three years. Whenever after examination 
 the insurance commissioner is satisfied that anj' domestic society has failed to comply 
 with any provisions of this act, or is exceeding its powers, or is not carrying out its con- 
 tracts in good faith, or is transacting business fraudulently, or whenever any domestic 
 society, after the existence of one year or more, shall have a membership of less than 
 four hundred (or shall determine to discontinue business), the insurance commissioner 
 may present the facts relating thereto to the attorney general, who shall, if he deem 
 the circumstances warrant, commence an action in quo warranto in a court of compe- 
 tent jurisdiction, and such court shall thereupon notify the officers of such society of a 
 hearing, and it shall then appear that such society should be closed, said society shall 
 be enjoined from carrying on any further business and some person shall be ajipointed 
 receiver of such society, and shall proceed at once to take possession of the books, 
 papers, moneys and other assets of the society and shall forthwith, under the direction 
 of the court, proceed to close the affairs of the society and to distribute its funds to 
 those entitled thereto. No such proceedings shall be commenced by the attorney gen- 
 eral against any such society until after notice has been duly served on the chief execu- 
 tive officers of the society and a reasonable opportunity given to it, on a date to be 
 named in said notice, to show cause why such proceedings should not be commenced. 
 
 Application for receiver. 
 
 § 25. No application for injunction against or proceedings for the dissolution of, or 
 the appointment of a receiver for, any such domestic society or branch thereof shall be 
 entertained by any court in this state unless the same is made by the attorney general. 
 
 Examination of foreign societies. 
 
 § 26. The insurance commissioner, or any person whom he may appoint, may examine 
 any foreign society transacting or applying for admission to transact business in this 
 state. The said insurance commissioner maj' employ assistants, and he, or any person 
 he may appoint, shall have free access to all the books, papers and documents that relate
 
 Act 440, §§ 27-29 GENERAL LAWS. 246 
 
 to the business of the society, and may summon and qualify as witness under oath and 
 examine its officers, agents and employees and other persons in relation to the affairs, 
 transactions and condition cf the society. He may, in his discretion, accept in lieu of 
 such examination the examination of the insurance department of the state, territory, 
 district, province or county where such society is organized. The actual expenses of 
 examiners making any such examination shall be paid by the society upon statement 
 furnished by the insurance commissioner. If any such society or its officers refuse to 
 submit to such examination or to comply with the provisions of the section relative 
 thereto, the authority of such society to write new business in this state shall be sus- 
 pended or license refused until satisfactory evidence is furnished the insurance com- 
 missioner relating to the condition and affairs of the society, and during such suspension 
 the society shall not write new business in this state. 
 
 Insurance commissioner not to publish statement pending investigation. 
 
 ^ 27. Pending, during or after an examination or investigation of any such society, 
 either domestic or foreign, the insurance commissioner shall make public no financial 
 statement, report or finding, nor shall he permit to become public any financial state- 
 ment, report or finding affecting the status, standing or rights of any such society, 
 until a copy thereof shall have been served upon such society, at its home office, nor 
 until such society shall have been afforded a reasonable opportunity to answer any such 
 financial statement, report or finding and to make such showing in connection therewith 
 as it may desire. 
 
 Revocation of license. 
 
 ^ 28. When the insurance commissioner on investigation is satisfied that any foreign 
 society transacting business under this act has exceeded its powers, or has failed to 
 comply with any provisions of this act, or is conducting business fraudulenth', or is not 
 carrying out its contracts in good faith, he shall notify the societj' of his findings, and 
 state in writing the grounds of his dissatisfaction, and after reasonable notice require 
 said society, on a date named, to show cause why its license should not be revoked. If 
 on the date named in said notice such objections have not been removed to the satis- 
 faction of the said insurance commissioner, or the society does not present good and 
 sufficient reasons why its authority to transact business in this state should not at that 
 time be revoked, he may revoke the authority of the society to continue business in this 
 state. All decisions and findings of the insurance commissioner made under the pro- 
 visions of this section may be reviewed by proper proceedings in any court of com- 
 petent jurisdiction, as provided in section 16 of this act. 
 
 Certain societies exempt. 
 
 § 29. Nothing contained in this act shall be construed to affect or apply to grand or 
 subordinate lodges of Masons, Odd Fellows or Ejiights of Pythias (exclusive of the 
 insurance department of the supreme lodge Knights of Pythias), and the Junior Order 
 of United American Mechanics (exclusive of the beneficiary degree or insurance branch 
 of the national council Junior Order United American Mechanics) or societies which 
 limit their membership to any one hazardous occupation, nor to similar societies which 
 do not issue insurance certificates, nor to an association of local lodges of a society now 
 doing business in this state which provides death benefits not exceeding three hundred 
 dollars to any one person, or disability benefits not exceeding three hundred dollars in 
 any one year to any one person, or both, nor to any contracts of reinsurance business 
 on such plan in this state, nor to domestic societies which limit their membership to 
 the employees of a particular city or town, designated firm, business house or corpora- 
 tion, nor to domestic lodges, orders or associations of a purely religious, charitable and 
 benevolent description, which do not provide for a death benefit of more than one hun-
 
 247 BEXEFIT SOCIETIES. Art 440, §§ 30-31 a 
 
 dred dollars, or for disability benefits of moi'e than one hundred and fifty dollars to any 
 one person in any one year; jirovided, always, that any such domestic order or society 
 which has more than five hundred members, and provides for death or disability bene- 
 fits, and any such domestic lodge, order or society which issues to any person a cer- 
 tificate providing for the payment of benefits, shall not be exempt by the provisions of 
 this section, but shall comply with all the requirements of this act. The insurance 
 commissioner may require from any society such information as will enable him to 
 determine whether such society is exempt from the provisions of this act. No society 
 which is exempt by the provisions of this section from the requirement of this act shall 
 give or allow, or promise to give or allow, to any person any compensation for procur- 
 ing new members. Any fraternal benefit society, heretofore organized and incorporated 
 and operating within the definition set forth in sections 1, 2 and 3 of this act, providing 
 for benefits in case of death or disability resulting solely from accidents, but which does 
 not obligate itself to pay death or sick benefits, may be licensed under the provisions 
 of this act, and shall have all the privileges and shall be subject to all the provisions 
 and regulations of this act, except that the provisions of this act requiring medical 
 examination, valuations of benefit certificates, and that the certificate shall specify the 
 amount of benefits, shall not apply to such society. 
 
 Taxation. 
 
 $ 30. Every fraternal benefit society organized or licensed under this act is h'ereby 
 declared to be a charitable and benevolent institution, and all of its funds shall be 
 exempt from all and every state, county, district, municipal and school tax, other than 
 taxes on real estate and oflSce equipment. 
 
 Penalties. Soliciting membership for societies not licensed. 
 
 $ 31. Any person, officer, member or examining physician of any society authorized 
 to do business under this act who shall knowingly or willfully make any false or 
 fraudulent statement or representation in or with reference to any application for mem- 
 bership, or for the purjiose of obtaining money from or benefit in any society transact- 
 ing business under this act, shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be punished by a fine of not less than one hundred dollars nor more than 
 five hundred dollars, or imprisonment in the county jail for not less than thirty days 
 nor more than one year, or both, in the discretion of the court; and any person who 
 shall willfully make a false statement of any material fact or thing in a sworn state- 
 ment as to the death or disability of a certificate holder in any such society for the 
 purpose of procuring payment of a benefit named in the certificate of such holder, and 
 any person who shall willfully make any false statement in any verified report or 
 declaration under oath required or authorized by this act, shall be guilty of perjury, 
 and shall be proceeded against and punished as provided by the statutes of this state 
 in relation to the crime of perjury. Any person who shall solicit membership for, or in 
 any manner assist in procuring membership in, any fraternal benefit society not licensed 
 to do business in this state, or who shall solicit membership for, or in any manner assist 
 in procuring membership in any such society not authorized as herein provided, to do 
 business as herein defined in this state shall be guilty of a misdemeanor and upon con- 
 viction thereof shall be punished by a fine of not less than fifty nor more than two 
 hundred dollars. Any society, or any oflBcer, ag'ent or employee thereof neglecting or 
 refusing to comply with or violating any of the provisions of this act, the penalty for 
 which neglect, refusal or violation is not specified in this section, shall be fined not 
 exceeding two hundred dollars upon conviction thereof. 
 
 Penalty for officer, etc., borrowing funds. 
 
 § 31a. Any officer, director, agent or employee of any fraternal benefit society who 
 shall directly or indirectly for himself or as partner or agent of others borrow any of
 
 Act 441, § 1 
 
 GENERAL, LAAVS. 
 
 248 
 
 I 
 
 the funds of such society or become endorser or surety for loans to others or in any 
 manner be obligor for moneys borrowed or loaned by such society shall be guilty of a 
 felon3^ [New section added June 1, 1917. In effect July 31, 1917. Stats. 1917, 
 p. 1651.] 
 
 Penalty for officer, etc., receiving reward for aiding loan. 
 
 § 31b. Any officer, trustee, agent or employee of a fraternal benefit society who asks 
 or receives or consents or agrees to receive any commission, emolument, gratuity or 
 reward or any money, property or thing of value for his own personal benefit, or of 
 personal advantage, for procuring or endeavoring to procure for any person, firm or 
 corporation any loans from the trust funds of, or funds belonging to, a fraternal 
 benefit society shall be guilty of a felony. [New section added June 1, 1917. In effect 
 July 31, 1917. Stats. 1917, p. 1651.] 
 
 $ 32. All acts and parts of acts inconsistent with this act are hereby repealed. 
 
 1. Constitutionality. — The act is not un- 
 constitutional as in violation of the federal 
 and state constitutions against inpairment 
 of the obligations of contracts. — Machado v. 
 Ellison, 35 Cal. App. 337, 169 Pac. 917. 
 
 2. By-laws of fraternal insurance society 
 must conform to the constitution and stat- 
 utes of the state, and when the statute 
 changes the by-laws must change with 
 them. — Machado v. Ellison, 35 Cal. App. 337, 
 169 Pac. 917. 
 
 3. Contract of insurance. — A fraternal in- 
 surance contract is madfo up of the benefit 
 certificate, the by-laws of the society, and 
 the laws of the state, and a statute limiting 
 the beneficiaries that may be named to a 
 specified class binds the insured in a selec- 
 tion made after the statute became effective, 
 nlthough his contract of insurance was exe- 
 cuted prior thereto. — Machado v. Ellison, 35 
 Cal. 337, 169 Pac. 917. 
 
 4. Cancellation of new certificate — Men- 
 tal incompetency of in.sureil. — Where the ev- 
 idence shows the insured to have been per- 
 manently insane at the time he delivered up 
 a prior policy and obtained the issue of a 
 
 new policy on behalf of a new benefi- 
 ciary, such new policy was cancelled at tha 
 suit of the beneficiary of the old policy, and 
 the latter reinstated. — Waters v. Conselho 
 Supremo, etc., 38 Cal. App. 360, 176 Pac. 368. 
 
 Change of fraternal insurance association 
 into legal reserve and level premiunv life 
 insurance company. — See, post. Act 444. 
 
 Consolidation of fraternal benefit societies. 
 — See, post. Act 445. 
 
 Insurance and insurance companies in 
 general. — See tit. "Insurance." 
 
 Liquidation of delinquent insurance ano- 
 ciation.s. — See, post, Act 2199. 
 
 Organi'/.ation of fraternal [fire] Insurance 
 associations. — See, post. Act 442. 
 
 Organization and management of mutual 
 benefit and life associations. — See Kerr's 
 Cyc. Civil Code, §§ 452a, 453. 
 
 Organization and management of mutual 
 life, health and accident insurance corpora- 
 tions. — See Kerr's Cyc Civil Code, §§ 437, 
 et seq. 
 
 Wliole family protection for members of 
 fraternal benefit societies. — See, post. Act 
 443. 
 
 ACT 441 — An act authorizing and empowering unincorporated, benevolent ox fraternal 
 societies to purchase, receive, manage and sell real estate without incorporating. 
 History: Approved April 24, 1911, Stats. 1911, p. 1093. 
 
 Benevolent societies may hold real estate necessary for business. 
 
 ^ 1. All unincorj^orated benevolent or fraternal societies or associations are and 
 every lodge or branch of such society or association is hereby authorized and empow- 
 ered, without incorporation, to purchase, receive, own, hold, mortgage, manage and sell 
 all such real estate and other property as may be necessary for the business purposes 
 and objects of the said society or association or lodge or branch, subject to the laws 
 and regulations of said society or association or lodge or branch and of the grand lodge 
 thereof; and also to take and receive by will or deed all property not so necessary, and 
 to hold the same until disposed of within a period of ten years from the acquisition 
 thereof ; provided, that all conveyances transferring or in any manner affecting the title 
 to real estate owned or held by said society or association shall be executed by its pre- 
 siding officer and recording secretary under its seal after resolution duly adopted by 
 said society or association authorizing such conveyance.
 
 249 BENEFIT SOCIETIES. Act 442, §§ l-o 
 
 ACT 442 — An act to regulate the organization of fraternal insurance associations. 
 
 History: Approved June 3, 1913. In effect August 10, 1913. Stats. 
 1913, p. 372. 
 
 Fraternal fire insurance associations. 
 
 $ 1. Secret, fraternal societies, having lodges, councils or granges in this state, and 
 conducting their business and securing their membership on the lodge, council or 
 grange system exclusively and having ritualistic work and ceremonies in their societies, 
 lodges, councils or granges, may form an association of the members of their order or 
 society, binding themselves to contribute to each other's loss by fixe. 
 
 Formation. 
 
 $ 2. Such association shall be formed by filing a verified certificate in the office of 
 the secretary of state and by filing a like certificate in the office of the clerk of each 
 county in which a member has property insured in said association; such certificate 
 shall state generally the objects of the association, and shall state its principal place of 
 business, the names of its officers, who shall be members of said association having 
 property insured therein; such certificates shall be signed by said officers and verified 
 by at least three of them. 
 
 Limit on insurance. For members only. Seventy-five per cent cash value. 
 
 $ 3. An association formed as prescribed in sections one and two of this act may 
 insure the property of its members against loss or damage by fire for an amount not 
 exceeding forty-five hundred dollars on any one risk, and no risk of more than thirt}-- 
 five hundred dollars shall be binding until risks to the amount of two hundred thousand 
 dollars have been written and all premiums paid thereon, and no risk of more than 
 fifteen hundred dollars shall be binding until risks to the amount of one hundred 
 thousand dollars have been written and all premiums paid thereon, and no risk of ^ny 
 amount shall be binding until risks to the amount of seventy-five thousand dollars have 
 been written and all premiums paid thereon. And no risk shall be written by such 
 association except for members in good standing on the books of the order or society 
 forming the association and a suspension or withdrawal from membership in such 
 order or society will suspend the insurance risk until the member is restored to good 
 standing in said order or society and in said association, provided, that a restoration 
 to membership after suspension therefrom shall in no case be construed as extending 
 the term of the risk. No risk written by such association shall be for an amount in 
 excess of seventy-five per centum of the cash value of the property insured, and no 
 concurrent or additional insurance shall be allowed. 
 
 Powers. 
 
 $ 4. Such association by and in its own name may sue and be sued, may loan such 
 funds as it may have on hand in such manner as its articles of association and its 
 by-laws have provided for; may own sufficient real estate for its business purposes, and 
 such other real estate as may be necessary to purchase on foreclosure of its mortgages; 
 provided, such real estate so obtained by foreclosure shall be sold and conveyed within 
 five years from the time title vests in said association. 
 
 By-laws. 
 
 $ 5. Such association may make such by-laws, not inconsistent with the laws of this 
 state, as may be necessary for its government and for the transaction of its business, 
 and such association merely creating a mutual bond and agreement of its members to 
 participate in each other's loss by fire does not come under the insurance laws of 
 California. Outside of the requirements of this act, their own regulations and those of 
 the order to which they belong are sufficient.
 
 Act 443, §§ 1, 2 GENERAL LAWS. 250 
 
 Obligation to pay pro rata. 
 
 $ 6. All persons insured shall give their obligation to the association, binding them- 
 selves, their heirs and assigns, to pay their pro rata share, proportioned to the amount 
 of insurance in the association held by them, at the time of the loss to the association, 
 of the necessary expenses and of loss by fire which may be sustained by any member 
 thereof during the time for which their respective policies are written, and said policies 
 may be cancelled by either party thereto, in which case settlement or adjustment shall 
 be made in accordance with the terms of the by-laws of the association, and they shall 
 also at the time of effecting the insurance pay such a percentage in cash, and such 
 other charges, as may be required by the rules or by-laws of the association. 
 
 Classification of property. Not to insure property in cities. 
 
 § 7. All such associations must classify the property insured therein at the time of 
 issuing policies thereon under different rates, corresponding as nearly as may be to the 
 greater or less risk from fire loss which may be attached to the several kinds of prop- 
 erty insured. No such association shall issue policies of insurance on any property 
 within the limits of cities of the first, first and a half, second, third, fourth, fifth and 
 sixth classes; provided, that no dwelling shall be insured within the corporate limits 
 of any city or town exposed by any other building within one hundred feet or by any 
 risk other than a dwelling or private barn within two hundred feet of the risk assured. 
 
 Ascertainment of loss. 
 
 § 8. Such association shall provide in its by-laws for the ascertainment of loss or 
 
 damage by fire, and for the payment thereof. 
 
 Fire insurance. — The act deals with protection from fire, although the title does not 
 so indicate. 
 
 FAMILY PROTECTION. 
 
 ACT 443 — An act to provide whole family protection for members of fraternal benefit 
 
 societies. 
 
 History: Approved April 20. 1917. In effect July 27, 1917. Stats. 
 1917, p. 144. 
 
 Fraternal benefit society may insure children. Total benefits payable. 
 
 $ 1. Any fraternal benefit society authorized to do business in this state and oper- 
 ating on the lodge plan, may provide in its constitution and by-laws, in addition to other 
 benefits provided for therein, for the payment of death or annuity benefits upon the 
 lives of children between the ages of two and eighteen years at next birthday, for whose 
 support and maintenance a member of such society is responsible. Any such society 
 may at its option, organize and operate branches for such children and membership 
 in local lodges and initiation therein shall not be required of such children, nor shall 
 they have any voice in the management of the society. The total benefits payable as 
 above provided shall in no case exceed the following amounts at ages at next birthday 
 at time of death, respectively, as follows : two, thirty-four dollars ; three, forty dollars ; 
 four, forty-eight dollars ; five, fifty-eight dollars ; six, one hundred forty dollars ; seven, 
 one hundred sixty-eight dollars; eight, two hundred dollars; nine, two hundred forty 
 dollars; ten, three hundred dollars; eleven, three hundred eighty dollars; twelve, four 
 hundred sixty dollars; thirteen to fifteen, five hundred twenty dollars; and sixteen to 
 eighteen years, where not otherwise authorized by law, six hundred dollars. 
 
 Conditions of benefit certificate. 
 
 § 2. No benefit certificate as to any child shall take effect until after medical exam- 
 ination or inspection by a licensed medical practitioner, in accordance with the laws of 
 the society, nor shall any such benefit certificate be issued unless the society shall
 
 •51 BENEFIT SOCIETIES. Act 443, §§ 3-6 
 
 simultaneously put in force at least five hundred such certificates, on each of which at 
 least one assessment has been paid, nor where the number of lives represented by such 
 certificate falls below five hundred. The death benefit contributions to be made upon 
 such certificate shall be based upon the "standard industrial mortality table" or the 
 "English life table number six" and a rate of interest not greater than four per cent 
 per annum, or upon a higher standard; provided, that contributions may be waived or 
 returns may be made from any surplus held in excess of reserve and other liabilities, as 
 provided in the by-laws; and, provided further, that extra contributions shall be made 
 if the reserves hereafter provided for become impaired. 
 
 Reserve required. 
 
 § 3. Any society entering into such insurance agreements shall maintain on all 
 such contracts the reserve required by the standard of mortality and interest adopted 
 by the society for computing contributions as provided in section two, and the funds 
 representing the benefit contributions and all accretions thereon shall be kept as sepa- 
 rate and distinct funds, independent of the other funds of the society, and shall not be 
 liable for nor used for the payment of the debts and obligations of the society other 
 than the benefits herein authorized; provided, that a society may provide that when a 
 child reaches the minimum age for initiation into membership in such society, any 
 benefit certificate issued hereunder may be surrendered for cancellation and exchanged 
 for any other form of certificate issued by the society, provided that such surrender 
 will not reduce the number of lives insured in the branch below five hundred, and upon 
 the issuance of such new certificate any reserve upon the original certificate herein 
 provided for shall be transferred to the credit of the new certificate. Neither the 
 person who originally made application for benefits on account of such child nor the 
 beneficiary named in such original certificate, nor the person who paid the contribu- 
 tions, shall have any vested right in such new certificate, the free nomination of a 
 beneficiary under the new certificate being left to the child so admitted to benefit 
 membership. 
 
 Separate financial statement. 
 
 § 4. An entirely separate financial statement of the business transactions and of 
 assets and liabilities arising therefrom shall be made in its annual report to the insur- 
 ance commissioner by any society availing itself of the provisions hereof. The separa- 
 tion of assets, funds and liabilities required hereby shall not be terminated, rescinded 
 or modified, nor shall the funds be diverted for any use other than as specified in 
 section three, as long as any certificates issued hereunder remain in force, and this 
 requirement shall be recognized and enforced in any liquidation, reinsurance, merger or 
 other change in the condition of the status of the society. 
 
 Specified payments. 
 
 $ 5. Any society shall have the right to provide in its laws and the certificate issued 
 hereunder for specified payments on account of the expense or general fund, which 
 payments shall or shall not be mingled with the general fund of the society as its con- 
 stitution and by-laws may provide. 
 
 Continuation of certificate. 
 
 § 6. In the event of the termination of membersliip in the society by the person 
 responsible for the support of any child, on whose account a certificate may have been 
 issued, as provided herein, the certificate may be continued for the benefit of the 
 estate of the child, provided the contributions are continued, or for the benefit of any 
 other person responsible for the support and maintenance of such child, who shall 
 assume the payment of the required contributions. •
 
 Act 444, §§ 1, 2 
 
 GENERAL LA"WS. 
 
 253 
 
 Insurance and insurance companies in 
 
 general. — See tit. "Insurance." 
 
 Liquidation of delinquent insurance asso- 
 ciations. — See, post, Act 2199. 
 
 Organisation of fraternal [fire] Insurance 
 associations. — See, ante, Act 442. 
 
 Organization and management of mutual 
 benefit and life associations. — See Kerr's 
 Cyc. Civil Code, §§ 452a, 453. 
 
 Organization and management of mutual 
 life, health and accident corporations. — See 
 Kerr's Cyc. Civil Code, §§ 437, et seq. 
 
 
 CHANGE TO REGULAR LIFE PLAN. 
 ACT 444 — An act providing that any domestic society, organization or company, pro- 
 viding life insurance for its members or their beneficiaries upon the assessment plan, 
 including any domestic fraternal benefit society organized or operating under the 
 act entitled "An act for the regulation and control of fraternal benefit societies," 
 approved May 1, 1911, as amended, may change into a corporation to transact a life 
 insurance business as a legal reserve or level premium company, not affecting existing 
 suits, rights or contracts, for the protection of which business may be transacted of 
 the kind transacted before reorganization, and for the protection of which a fund is 
 to be created under conditions set forth herein. 
 
 History: Approved May 21, 1919. In effect July 22, 1919. Stats. 
 1919, p. 759. 
 
 Company transformed into legal reserve or level premium company. 
 
 $ 1. Any domestic society, organization or company providing life insurance for its 
 members or their beneficiaries upon the assessment plan, including any domestic 
 fraternal benefit society organized or operating under that certain statute entitled 
 "An act for the regulation and control of fraternal benefit societies," approved May 1, 
 1911, as amended, may upon a majority vote of its trustees or directors, or in any 
 lawful manner, amend its articles of incorporation and by-laws, if already incorporated, 
 or if not incorporated, may incorporate, in such manner as to transform itself into 
 a legal reserve or legal premium company, with the name by which it is already known 
 or another name as its directors or trustees shall determine; and upon so doing and 
 upon procuring from the commissioner of insurance a certificate of authority as pre- 
 scribed by law to transact business in this state as a legal reserve or level premium life 
 insurance company it shall incur the obligation and enjoy the benefits thereof the 
 same as though originally thus incorporated; and such corporation under its articles 
 and by-laws as so framed or amended shall be a continuation of the original organiza- 
 tion, society or corporation and the officers thereof shall serve through their respective 
 terms as provided in the original articles and by-laws, but their successors shall be 
 elected and serve as the law and its articles and by-laws provide; but such incorpora- 
 tion, amendment or reincorporation shall not affect existing suits, rights or contracts. 
 
 The said society, organization or company so organized shall have the power after 
 reorganization to transact business of the same nature transacted by it before reorgani- 
 zation, as well as the powers conferred hereby and contemplated by its articles of 
 incorporation, in order to protect and perform rights and contracts existing before 
 reorganization. 
 
 Capital stock of reorganized company. Fund when contributions not equal to benefits. 
 § 2. Any society, organization or company so reorganized shall have a caj^ital stock 
 of which at least two hundred thousand dollars must be paid up previous to the issu- 
 ance of any policies by it as a legal reserve or level premium company. All assets 
 belong to any such society, organization or company so reorganized, prior to reorganiza- 
 tion, or arising or accruing from policies, certificates or benefit certificates issued upon 
 the assessment plan, shall be used only for the benefit of the holders of such policies, 
 certificates or benefit certificates and no portion thereof shall be used or considered 
 as any part of the capital stock provided for by this act. If at the time or reorganiza- 
 tion, or at any time thereafter, it shall appear from the last j^receding annual report of
 
 253 BENEFIT SOCIETIES. Act 444. §§ 3, 4 
 
 any such society, organization or company filed with the commissioner of insurance, or 
 as the result of any investigation made by said commissioner, that the present value of 
 the contributions to be received from the holders of policies or benefit certificates on 
 the assessment plan, together with all assets owned by the company that have been 
 accumulated from assessments paid by members on that plan, are not equal to the pres- 
 ent value of the benefits to be derived by members under the assessment plan, including 
 all matured liabilities j then the society, organization or company so reorganized shall 
 set aside and maintain a fund which with said present value of contributions and 
 assets will equal the present value of said benefits together with all matured liabilities. 
 Said fund shall be used for the payment of matured liabilities arising under the assess- 
 ment plan when other assets applicable thereto are exhausted. Said fund may be 
 derived from the capital stock of said reorganized company; provided, however, that 
 the paid-up capital stock other than said fund shall not be less than two hundred 
 thousand dollars. Said fund need not be maintained when the same is not required by 
 conditions as herein expressed. Members in good standing of any such company prior 
 to reorganization shall have the right after reorganization to transfer their insurance 
 in said company to the legal reserve or level premium plan for the same amount without 
 further medical examination, and at the legal reserve or level premium rates. The 
 interest and the assets of the company of any person so transfening shall be trans- 
 ferred to and be a part of the assets of such company on the legal reserve or level 
 premium plan. 
 
 Powers of reorganized company. 
 
 § 3. The society, organization or company so reorganized and its oflScials shall exer- 
 cise all the rights and powers and perform all the duties conferred or imposed by law 
 upon organizations writing the kinds of insurance written by said society, organiza- 
 tion or company so reorganized. Such organization and its officials shall exercise all 
 the rights and powers and perform all the duties necessary to protect rights and con- 
 tracts existing prior to reorganization. The commissioner of insurance shall exercise 
 the powers and discharge the duties concerning any such society, organization or com- 
 pany so reorganized that are applicable to companies writing insurance or issuing poli- 
 cies of the same class organized or operating in the state of California. The com- 
 missioner of insurance must issue a certificate of authority to any such society, organi- 
 zation or company so reorganized which is in a solvent condition and has fully complied 
 with the laws of this state to transact insurance business in this state. 
 
 Valuation of policies. 
 
 ^ 4. Any assessment company or fraternal benefit society incorporated or reincor- 
 porated to transact a life insurance business as above provided shall value its assess- 
 ment policies or certificates or benefit certificates according to the standard of valu- 
 ation of assessment insurance used in this state, and its legal reserve or level premium 
 policies according to the standard of valuation thereof in this state. The various 
 kinds of insurance written shall be governed by the law applicable thereto. 
 
 Consoliflntion of fraternal benefit societies. Organization of fraternal [flre] Insnrnnce 
 
 — See, post, Act 445. asNooiationii. — See, ante. Act 442. 
 
 Fraternal Insurance act. — See, ante, Act Organization and nianagrement of mutual 
 
 ••'•0. benefit and life associations. — See Kerr's 
 
 InNurnnce and insurance companies In Cyc. Civil Code, §8 452a-453. 
 
 general. — See, post, tit. "Insurance." Orj^anization and management of mutual 
 
 Uquidatinn of delinquent insurance asso- life, health and accident insurance corpora- 
 
 ciatlons.— See, post. Act 2199. tions. — See Kerr's Cyc. Civil Code, H 437, et 
 
 seq.
 
 Act 445, §§1-3 GE^'ERAl, LAWS. 254 
 
 CONSOLIDATION, MERGER, REINSURANCE. 
 
 ACT 445 — An act to provide how fraternal "benefit societies organized under the laws 
 
 of this state may consolidate, merge or reinsure to their insurance risks, with any 
 
 other fraternal benefit society, or assume or reinsure the risks of any other fraternal 
 
 benefit society, and to provide penalties for the violation of the provisions hereof. 
 
 History: Approved May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1199. 
 
 Merging, etc., of fraternal benefit societies. 
 
 § 1. No fraternal benefit society organized under the laws of this state to do the 
 business of life, accident or health insurance, shall consolidate or merge with any 
 other fraternal benefit society, or reinsure its insurance risks, or any part thereof, 
 with any other fraternal benefit society, or assume or reinsure the whole or any por- 
 tion of the risks of any other fraternal benefit society, except as herein provided. No 
 fraternal benefit societj' or subordinate body thereof shall merge, consolidate with or be 
 reinsured by any company or association not licensed to transact business as a fraternal 
 beneficiary society. 
 
 Approval of contract by insurance commissioner. 
 
 § 2. When any such fraternal benefit society shall propose to consolidate or merge 
 its business or to enter into any contract of reinsurance, or to assume or reinsure the 
 whole or any portion of the risks of any other fraternal benefit society the proposed 
 contract in writing setting forth the terms and conditions of such proposed consolida- 
 tion, merger or reinsurance shall be submitted to the legislative or governing bodies of 
 each of said parties to said contract after due notice, and if approved, such contract 
 as so approved, shall be submitted to the commissioner of insurance of this statp for 
 his approval and the parties to said contract shall at the same time submit a sworn 
 statement showing the financial condition of each of such fraternal benefit societies 
 as of the thirty-first day of December preceding the date of such contract; provided, 
 that such insurance commissioner may, within his discretion, require such financial 
 statement to be submitted as of the last day of the month preceding the date of such 
 contract. The commissioner of insurance shall thereupon consider such contract of 
 consolidation, merger or reinsurance, and if satisfied that the interests of the certificate 
 holders of such fraternal benefit societies, are properly protected, and that such contract 
 is just and equitable to the members of each of such societies, and that no reasonable 
 objection exists thereto, shall approve said contract as submitted. In case the parties 
 corporate to such contract shall have been incorporated in separate states, or terri- 
 tories, such contract shall be submitted as herein provided to the commissioner of 
 insurance of each of such incorporating states, or territories, to be considered and 
 approved separately by each of such commissioners of insurance. When said contract 
 of consolidation, merger or reinsurance shall have been approved as hereinabove pro- 
 vided, such commissioner or commissioners of insurance shall issue a certificate to that 
 effect, and thereupon the said contract of consolidation, merger or reinsurance shall be 
 in full force and effect. In case such contract is not approved the fact of its sub- 
 mission and its contents shall not be disclosed by the commissioner of insurance. 
 
 £xpenses of proceedings. 
 
 § 3. All necessary and actual expenses and compensation incident to the proceedings 
 provided hereby shall be paid as provided by such contract of consolidation, merger 
 or reinsurance; provided, however, that no brokerage or commission shall be included 
 in such expenses and compensation or shall be paid to any person by either of the 
 parties to any such contract in connection with the negotiation therefor or execution 
 thereof, nor shall any compensation be paid to any otTicer or employee of either of the
 
 255 BENICIA — BERKELEY. Acts 450, 456 
 
 parties to such contract for directly or indirectly aiding in effecting such contract of 
 consolidation, merger or reinsurance. An itemized statement of all such expenses shall 
 be filed with the insurance commissioner, or commissioners, as the case may be, subject 
 to approval, and when approved the same shall be binding on the parties thereto. 
 Except as fully expressed in the contract of consolidation, merger or reinsurance, or 
 itemized statement of expenses, as approved by the commissioner, or commissioners of 
 insurance, as the case may be, no compensation shall be paid to any person or persons, 
 and no officer or employee of the state shall receive any compensation, directly or 
 indirectly, for in any manner aiding, promoting or assisting any such consolidation, 
 merger or reinsurance. 
 
 ^ Penalty. 
 
 § 4. Any person violating the provisions of this act shall be guilty of a felony, and 
 upon conviction shall be liable to a fine of not more than five thousand dollars, or to 
 imprisonment for not more tjian five years, or to both fine and imprisonment. 
 
 Insurance and insurance companies in Whole family protection for members of 
 
 general. — See, post, tit. "Insurance." fraternal benefit societies. — See, ante. Act 
 
 Organization of fraternal [fire] insurance 443. 
 
 associations. — See, ante, Act 442. Organization and management of mutual 
 
 Organization and management of mutual life, health and accident insurance corpora- 
 benefit and life associations. — See Kerr's tions. — See Kerr's Cyc. Civil Code, {§ 437, et 
 Cyc, Civil Code, §S 452a, 453. seq. 
 
 CHAPTER 27. 
 
 BENICIA. 
 
 References: Incorporation, see, post, Act 3094, note. 
 Quieting title to certain lands in, see tit. "Titles." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 450. Cession of Water Front to Benicia. 
 
 CESSION OF WATER FRONT. 
 
 ACT 450 — An act to cede certain property to the city of Benicia. (Approved May 3, 
 
 1855.) 
 
 History: Approved May 3, 1855, Stats. 1855, p. 239, 
 
 Title to certain lands in Benicia. — See act Shirley v. City of Benicia, 118 Cal. 344, 50 
 of 1859, p. 314. This and other acts affecting Pac. 404. 
 
 title to lands In Benicia are referred to in Water front. — This act ceded to Benicia 
 
 its entire water front. 
 
 CHAPTER 28. 
 BERKELEY. 
 
 CONTENTS OF CHAPTER. 
 ACT 456. Freeholders' Charter. 
 
 457. Creating Justice Court. 
 
 458. Granting Salt Marsh and Tide Lands. 
 
 FREEHOLDERS' CHARTER. 
 
 ACT 456 — Freeholders' Charter of the city of Berkeley. 
 
 History: Adopted March 4, 1909, Stats. 1909, p. 1208. Amended 
 January 29, 1913, Stats. 1913, p. 1502; January 27, 1917, Stats. 1917, 
 p. 1814. Superseded the charter approved at the election of February 
 26, 1895. Adopted March 5, 1895. Stats. 1895, p. 406. Amended January 
 25, 1905, Stats. 1905, p. 829; which, in turn, superseded the act of 
 Incorporation of April 1, 1878, Stats. 1877-78, p. 888.
 
 Acts 457, 45S, § 1 
 
 GElNERxVL. LAWS. 
 
 356 
 
 1. Conflict Tfith general law. — The char- 
 ter of 1895, having been adopted prior to the 
 amendment of 1896 relieving provisions of 
 freeholder charters in "municipal affairs" 
 from the control of general laws, w^as sub- 
 ject to general lavv^s, and a provision in that 
 charter empowering the trustees to pass an 
 ordinance fixing a penalty for the sale of 
 liquor without a license, in conflict with the 
 Penal Code, was ineffective and invalid, and 
 its invalidity was not cured by the amend- 
 ment. — Ex parte Sweetman, 5 Cal. App. 577, 
 90 Pac. 1069. 
 
 la. Constitutionality — Special la'w. — Sec- 
 tion 19, article V, of the Berkeley charter, 
 is not a special law within the meaning of 
 subdivision 28, section 25, article IV of the 
 constitution. — Stern v. City Council of Berke- 
 ley, 25 Cal. App. 685, 145 Pac. 167. 
 
 2. Inferior courts. — In view of sections 1 
 and 13, article VI, and sections 15 and 16, 
 article IV, of the constitution, inferior 
 courts can not be established by a freehold* 
 ers charter, approved by mere resolution, 
 but requires an act of legislation, and an 
 attempt to establish such courts and fix 
 their jurisdiction without such formal act 
 of legislation is unconstitutional. — People v. 
 Toal. 85 Cal. 333, 24 Pac. 603, followed in 
 Miner v. Justice's Court of Berkeley, 121 
 Cal. 264, 53 Pac. 795. 
 
 See, also, Ex parte Fedderurtz, 6 Cal. 
 Unrep. 562, 62 Pac. 935. 
 
 3. Justices of the peace. — Provisions as 
 to justices of the peace in cities of less 
 than 10,000 inhabitants, in special charters 
 granted prior to the adoption of the present 
 constitution were not repealed by that in- 
 
 strument, nor by subsequent general legis- 
 lation after its adoption. — Ex parte Arm- 
 strong, 84 Cal. 655, 24 Pac. 598. 
 
 4. Reorganization. — An attempt was 
 made to reorganize under the general law 
 of 1883, but the attempt failed, although the 
 city exercised the franchise of a city of the 
 fifth class under the abortive reorganization 
 for some months. — See People v. Berkeley, 
 102 Cal. 298, 23 L. R. A. 838, 36 Pac. 591. 
 
 5. School director of the city of Berkeley 
 is a municipal officer, whether the duties of 
 his ofl^ce are prescribed by the charter of 
 general law, and the payment of his com- 
 pensation is a "municipal affair." — Stern v. 
 City Council of Berkeley, 25 Cal. App. 685. 
 145 Pac. 167. 
 
 6. Same — Compensation — Conflict with 
 general law. — There is no general law with 
 respect to compensating school directors, 
 and no general law, limiting or restricting 
 the right of a freeholder charter city to 
 make provision for such compensation, and 
 section 19, article V of the Berkeley charter, 
 is valid, as in furtherance of the school sys- 
 tem. — Stern v. City Council of Berkeley, 25 
 Cal. App. 685, 145 Pac. 167. 
 
 7. Same — Compensation. — Section 19, ar- 
 ticle V, of the Berkeley charter, providing 
 for compensation of school directors, is not 
 invalid under subdivision 2, section 8*4. ar- 
 ticle XI, of the constitution, as it existed 
 prior to the 1911 amendment, although that 
 section of the constitution prior to such 
 amendment contained no express provision 
 for sucli compensation. — Stern v. City Coun- 
 cil of Berkeley, 25 Cal. App. 685, 145 Pac. 
 167. 
 
 CREATING JUSTICE COURT. 
 
 ACT 457 — An act to create a court in and for the town of Berkeley, state of California. 
 
 (Approved March 27, 1895. Stats. 1895, p. 204.) 
 
 History: Approved March 27, 1895, Stats. 1895, p. 204. 
 
 in Miner v. Justice's Court, 121 Cal. 264, 53 
 Pac. 795. 
 
 See, also. Ex parte Armstrong, 84 Cal. 655, 
 24 Pac. 598. 
 
 .Justice court in Berkeley — Unconstitu- 
 tional. — This act created a justice court in 
 Berkeley. It was declared unconstitutional 
 
 GRANT OF SALT MARSH AND TIDE LANDS. 
 
 ACT 458 — An act granting to the city of Berkeley the salt marsh, tide and submerged 
 
 lands of the state of California, including the right to wharf out therefrom to the 
 
 city of Berkeley, and regulating the management, use and control thereof. 
 
 History: Approved June 11. 1913. In effect August 10, 1913. Stats. 
 1913, p. 705. Amended May 27, 1915. In effect August 8, 1915, Stats. 
 1915, p. 901; May 24, 1917. In effect July 27, 1917. Stats. 1917, p. 915; 
 May 25, 1919. In effect July 25, 1919. Stats. 1919, p. 1089. 
 
 Tidelands granted to Berkeley. 
 
 § 1. There is hereby granted to the city of Berkeley, a municipal corporation of the 
 state of California, and to its successors, all the right-, title and interest of the state of 
 California, held by said state by virtue of its sovereignty in and to all tidelands and 
 submerged lands, whether filled or unfilled, which are included within the present 
 boundaries of the city of Berkeley, to be forever held by said city and by its successors 
 in trust for the use and purposes, and upon the express conditions following, to wit: 
 
 1 
 I
 
 ::57 BE:RKIi:L.E:Y. Act 458, 3 3 
 
 Use of lands. Use of lands, city of Berkeley. 
 
 (a) That said lands shall be used by said city and its successors, only for the estab- 
 lishment, improvement and conduct of a harbor, and for the construction, maintenance 
 and operation thereon of wharves, docks, piers, slips, quays, and other utilities, struc- 
 tures and appliances necessary or convenient for the promotion and accommodation of 
 commerce and navigation, and said city or its successors shall not, at any time, grant, 
 convey, give or alien said lands or any part thereof, to any individual, fii'm or cori^ora- 
 tion, for any purposes whatever; provided, that said city or its successors may grant 
 franchises thereon, for limited periods, but in no event exceeding fifty years for 
 wharves and other public uses and purposes, and may lease said lands or any part 
 thereof for limited periods, but in no event exceeding fifty years, for the purposes 
 consistent with the trusts upon which said lands are held by the state of California, 
 and with the requirements of commerce or navigation at said harbor. 
 
 Improvement of harbor. 
 
 (b) That said harbor shall be improved by said city without expense to the state, 
 and shall always remain a public harbor for all pui-poses of commerce and navigation, 
 and the state of California shall have at all times the right to use, without charge, all 
 wharves, docks, piers, slips, quays and other improvements constructed on said lands, 
 or any part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California. 
 
 Bates, tolls, etc. 
 
 (c) That in the management, conduct or operation of said harbor, or any of the 
 utilities, structures or appliances mentioned in paragraph (a), no discrimination in 
 rates, tolls, or charges or in facilities for any use or service in connection therewith 
 shall ever be made, authorized or permitted by said city or its successors. 
 
 Right to fish reserved to people. 
 
 (d) There is hereby reserved, however, in the people of the state of California the 
 absolute right to fish in all the waters of said harbor, with the right of convenient 
 access to said waters over said land for said purpose. [Amendment of May 25, 1919. 
 In effect July 25, 1919. Stats. 1919, p. 1089.] 
 
 This section was also amended May 27, 1915, Stats. 1915, p. 902. 
 
 $ 2. [Repealed May 24, 1917. In effect July 27, 1917. Stats. 1917, p. 915.} 
 This section was amended May 27, 1915, Stats. 1915, p. 903. 
 
 BEVERLY HILLS. 
 
 See Act 3094, note. 
 
 BIG TREES. 
 See tits. "Growing Timber"; "Yosemite Valley." 
 
 BIGGS. 
 
 See Act 3094, note. 
 
 BILLS AND NOTES. 
 See Kerr's Cyc. Civil Code, H 3082, et seq. 
 
 Gen. Laws — 17
 
 Acts 471, 472, §§ 1, 2 GENERAL L.A\I S. 258 
 
 CHAPTER 29. 
 BIRD AND ARBOR DAY. 
 
 CONTENTS OF CHAPTER. 
 ACT 471. CoNSEKVATioN, Bird, and Arbor Day Act. 
 
 CONSERVATION, BIRD AND ARBOR DAY ACT. 
 
 ACT 471 — An act to establish a conservation, bird and arbor day, and to repeal an act 
 
 entitled, "An act to establish a bird and arbor day," approved March 3, 1909. 
 
 History: Approved May 22, 1915. In effect August 8, 1915, Stats. 
 1915, p. 777. Prior act repealed: Act of March 3, 1909. Stats. 1909, 
 p. 134. 
 
 Bird and arbor day. Suitable exercises for schools. 
 
 ^ 1. March seventh of each year, being the anniversary of the birthday of Luther 
 Burbank, is hereby set apart and designated conservation, bird and arbor day. All 
 public schools and educational institutions are directed to obsei've conservation, bird and 
 arbor day, not as a holidaj'^, but by including in the school work of the day suitable 
 exercises having for their object instruction as to the economic value of birds and trees, 
 and the promotion of a spirit of protection toward them, and as to the economic value 
 of natural resources, and the desirability of their conservation. 
 
 § 2. An act entitled, "An act to establish a bird and arbor day," approved March 3. 
 1909, is hereby repealed. 
 
 BISHOP. 
 
 See Act 3094, note. 
 
 CHAPTER 29a. 
 
 BLIND. 
 References: See tit. "Home for Adult Blind." 
 
 CONTENTS OF CHAPTER. 
 ACT 472. County Relief Fund for Needy Bund. 
 
 COUNTY RELIEF FUND. 
 ACT 472 — An act to provide a relief fund in the several counties or any city and cotmty 
 of the state for the needy blind, providing for and prescribing the powers and duties 
 of boards of supervisors in every county or city and county. 
 
 History: Approved May 2, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 18S. 
 
 Tax for relief of needy blind. 
 
 § 1. The boards of supervisors of the several counties and cities and counties in this 
 
 state are hereby authorized and permitted to levy, in addition to the taxes now levied 
 
 by law for other purposes than those herein provided, a tax not exceeding two-tenths 
 
 of one mill per dollar on the assessed value of the property of their respective counties 
 
 and cities and counties to be levied and collected as now provided by law for the 
 
 assessment and collection of taxes, for the purpose of creating a fund for the relief of 
 
 the needy blind of their respective counties and cities and counties. 
 
 Needy blind person defined. 
 
 § 2. A needy blind person shall be construed to mean any person who, by reason of 
 loss of eyesight, is unable to provide himself with the necessities of life, and who has 
 not sufficient means of his own to enable him to maintain himself.
 
 259 BLIIVD. Act 472, §§ 3-i 
 
 Residence qualification. 
 
 $ 3. A needy blind person, in order to receive relief under this act, must be a resi- 
 dent of this state at the time this act takes effect, or become blind while a resident of 
 this state, and shaU be a resident of the county for one year next preceding the date 
 of the application provided for herein. 
 
 Claims for relief. Amount. 
 
 $ 4. All persons claiming relief under this act shall file, at least ten days prior to 
 action on said claims, with the board of supervisors a duly verified statement of the 
 facts bringing him within the provisions of this act. The list of claims shall be filed in 
 the order of filing in a book furnished for that purpose by the board of supervisors, 
 and which record shall be open to the public. No certificate of qualification for draw- 
 ing money under this act shall ever be granted until the board of supervisors shall be 
 satisfied, from the evidence of at least two reputable residents of said county and city 
 and county, one of whom shall be a duly and regularly licensed and practicing physician, 
 that they know the applicant to be blind, and that he has the residential qualifications 
 to entitle him to the relief asked for, which evidence shall be in writing, subscribed to 
 by such witnesses, subject to the right of cross-examination by the board of super- 
 visors or other persons. If the board of supervisors is satisfied upon such testimony 
 that the applicant is entitled to relief hereunder, they shall issue an order therefor, in 
 such sum as they find needed, not to exceed one hundred fifty dollars per annum, to be 
 paid quarterly out of the fund herein provided for on the warrant of the county 
 auditor, or auditor of the city and county, and such relief shall be in lieu of any other 
 relief of a public nature. 
 
 Annual examination of blind list. 
 
 $ 5. The board of supervisors shall annually examine as to the qualifications of any 
 one on the blind list and increase or decrease the allowance within the statutory limits, 
 or if said board is not satisfied that the person so on the list is qualified to draw any 
 money said board shall entirely remove him from the list and shall forthwith notify the 
 auditor of such action. 
 
 Examination of applicants. 
 
 $ 6. The board of supervisors of every county and city and county shall meet within 
 thirty days after this act takes effect and thereafter annually on such days as the board 
 shall select and at such times as may be necessary and examine carefully the list of 
 applications filed hereunder. 
 
 Transfer of money from poor fund. 
 
 § 7. The board of supervisors of every county or city and county are hereby author- 
 ized and directed to transfer from any money in the poor fund of any countv to the 
 blind fund, herein provided, for the year 1919, sufficient money to cany out the 
 purposes of this act. 
 
 False statement. 
 
 § 8. Any person who shall make a false statement in order to secure for himself or 
 another, the benefit herein provided, shall be guilty of perjury. 
 
 Rules and regulations. 
 
 ^ 9. It is hereby declared to be the duty of the board of supervisors in each county 
 and city and county to adopt such rules, regulations and ordinances necessary to carry 
 into effect the purposes, aims and objects of this act. It shall be competent for the 
 board of supervisors mentioned herein to appoint such person or persons to act for 
 such board in carrying out the object or objects and purposes of this act.
 
 A^ct4T3 GENERAL LAWS. -66 
 
 CHAPTER 29b. 
 BLUE BOOK. 
 
 CONTENTS OF CHAPTER. 
 ACT 473. Compiling, Publishing, aico Distributing. 
 
 COMPILATION, PUBLISHING AND DISTRIBUTION. 
 
 ACT 473 — An act to provide for the compilation, printing, binding, publishing and 
 
 distribution of a legislative manual and state blue book, or roster, and repealing 
 
 conflicting acts. 
 
 History: Approved February 13, 1903, Stats. 1903, p. 19. Prior acts: 
 March 31, 1891, Stats. 1891, p. 454. Repealed by Act of March 23, 1893, 
 Stats. 1893, p. 218, which was repealed by the present act. 
 
 "Blue book." 
 
 § 1. The secretary of state is hereby authorized to compile, or cause to be com- 
 piled, published and distributed seven thousand five hundred copies of a legislative 
 manual, state blue book, or roster. The volume shall be ready to distribute at the 
 beginning of the next fiscal year, and at the same time biennially thereafter. 
 
 Distribution. 
 
 $ 2. The volumes shall be distributed as follows : 
 
 To the governor of the state, fifty copies. 
 
 To each elective state officer, senator and member of the assembly, twenty copies. 
 
 To the clerk, sherifi; and district attorney of every county of the state, one copy each. 
 
 To every judge of the supreme court, supreme court commissioners, and judges of the 
 superior court, one copy each. 
 
 To the mayor of every city, or chairman of its board of trustees in this state, one 
 copy each. 
 
 To the state library, twenty copies. 
 
 To every public and every law library in this state, one copy each. 
 
 To the governor and secretary of state of every state in the union, one copy each. 
 
 To the congressional library at Washington, D. C, five copies. 
 
 To each high school in this state, one copy. 
 
 The remainder of the volumes shall be distributed at discretion by the secretary of 
 state. 
 
 Acts repealed. 
 
 $ 3. The acts of March thirty-first, eighteen hundred and ninety-one, and March 
 twenty-third, eighteen hundred and ninety-three, on same subject, and all other acts 
 in conflict with the provisions of this act, are hereby repealed. 
 
 $ 4. This act shall take effect from and after its passage. 
 
 BLUE LAKE. 
 
 See Act 3094, note. 
 
 "BLUE SKY LAW." 
 See tit. "Investment Companies." 
 
 BLYTHE. 
 See Act 3094, note.
 
 261 B'JVAI B'RITH. ACt 477 
 
 CHAPTER 30. 
 B'NAI B'RITH. 
 
 CONTENTS OF CHAPTER. 
 ACT 477. Permission to Incorporate Under the Act of 1853. 
 
 PERMISSION TO INCORPORATE. 
 
 ACT 477 — An act concerning the Independent Order of B'nai B'rith (Sons of the 
 Covenant). 
 
 History: Approved March 25, 1868, Stats. 1867-68, p. 310. 
 
 This act extended to B'nai B'rith all May 18, 1853, relating to the formation and 
 rights, privilegres and immunities of the act management of corporations. 
 
 BOARD OF AGRICULTURE. 
 
 See tit. "Agriculture." 
 
 BOARD OF AUTHORIZATION. 
 
 See tit. "Taxation." 
 
 BOARD OF CHARITIES AND CORRECTIONS. 
 
 See tit. "Charities and Corrections." 
 
 BOARD OF COLTON HALL TRUSTEES. 
 
 See tit. "Colton Hall." 
 
 BOARD OF CONTROL. 
 
 See Kerr's Cyc. Political Code, §§ 654, et seq. 
 
 BOARD OF ELECTION COMMISSIONERS. 
 
 See tit. "Elections"; Kerr's Cyc. Political Code, $$1075, et seq. 
 
 BOARD OF EQUALIZATION. 
 
 See tit. "Taxation"; Kerr's Cyc. Political Code, tit. "Taxation.'* 
 
 BOARD OF EXAMINERS. 
 See Kerr's Cyc. Political Code, §§ 654, et seq. 
 
 BOARD OF FORESTRY. 
 
 See tit. "Forestry." 
 
 BOARD OF FREEHOLDERS. 
 See tits. "Elections"; "Municipal Corporations." 
 
 BOARD OF HARBOR COMMISSIONERS. 
 See tit. "Harbor Commissioners"; Kerr's Cyc. Political Code, tit. "Harboj 
 
 Commissioners. ' ' 
 
 BOARD OF MEDICAL EXAMINERS. 
 
 See tit. "Medicine." 
 
 BOARD OF PHARMACY. 
 See tit. "Pharmacy." 
 
 BOARD OF REGENTS. 
 
 See tit. "University of California"; Kerr's Cyc. Political Code. ^ 1425, et seq.
 
 Act 4S5, 8 1 GENERAL LAWS. 262 
 
 BOARDS OF EDUCATION. 
 
 See tit. ''Schools"; Kbit's Cyc. Political Code, $$1606, et seq. 
 
 BOARDS OF EXAMINATION. 
 See Kerr's Cyc. Political Code, §$1667, 1776, 1788-1792; Kerr's Cyc. Code Civil 
 
 Procedure, $ 276a. 
 
 BOARDS OF HEALTH. 
 See tit. "Public Health"; Kerr's Cyc. Political Code, $$ 2978, et seq. 
 
 BOARDS OF TRADE. 
 
 See "Chambers of Commerce.'* 
 
 CHAPTER 31. 
 
 BONDS. 
 
 References: Highway bonds, public building bonds, harbor bonds, and other particular 
 
 issues, see particular title. 
 Municipal bonds, street improvement bonds, irrigation and other district bonds, see 
 
 particular title. 
 School bonds, see Kerr's Cyc. Political Code, §§ 1880, et seq. 
 Seawall bonds, see tit. "Harbor Commissioner." 
 Surety, official and judicial bonds, see Kerr's Cyc. Codes, particular title. 
 
 CONTENTS OF CHAPTER. 
 
 I. BONDS, SURETY. 
 11. BONDS, MONEY SECURITIES. 
 
 I. BONDS, SURETY. 
 ACT 485. Cost of Trust Bonds Chargeable to Trust Estate. 
 
 487. Cost of Official Bonds, Chargeable to State, Counties, CrriKS, Cities and 
 
 Counties. 
 
 488. Deposits of Moneys and Assets Held by Bonded Fiduciaries. 
 
 COST OF TRUST BONDS. 
 
 ACT 485 — An act making the cost of certain bonds of receivers, assignees, trustees, 
 
 guardians, administrators and executors chargeable to a certain extent against the 
 
 trust estate. 
 
 History: Approved March 20, 1905, Stats. 1905, p. 477. 
 
 § 1. Any receiver, assignee, trustee, guardian, administrator or executor required by 
 law or by the order of court to give a bond as such, shall be allowed as part of the 
 lawful expenses of executing his trust, the sum paid for such bond, not exceeding, 
 however one-half (V2) of one (1) per cent of the amount of such bond, for each year 
 that the same shall remain in force. 
 
 Coustrued. Not retroactive to the im- 1057; Kerr's Cyc. Political Code, §955, sub- 
 
 pairment of vested rights.— Estate of Rich- division 4. 
 
 mond, 9 Cal. App. 402, 99 Pac. 554. Judicial bonds and undertakings. — See 
 
 Bail and other bonds. — See Kerr's Cyc. Kerr's Cyc. Code Civil Procedure, tits. 
 
 Penal Code, tits. "Bail," "Arrest," "Under- "Bonds," "Surety Companies," "Undertak- 
 
 taking," "Bond." ings." 
 
 Bonds of officers, in general. — See Kerr's Suretyship and guaranty, and indemnify, 
 
 Cyc. Political Code, §§ 947, et seq. in general. — See Kerr's Cyc. Civil Code, tits. 
 
 Corporations as sureties on bonds — See "Suretyship," "Guaranty," "Indemnity." 
 Kerr's Cyc. Code Civil Procedure, §§ 1056,
 
 263 BONDS. Acts 487, 48S, § 1 
 
 COST OF OFFICIAL BONDS. 
 ACT 487 — An act to provide for the payment by the state, or counties, or cities, or 
 cities and counties, of the premium or charge on official bonds when given by surety 
 companies. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 476. 
 
 Premium on official bonds a public charge. 
 
 $ 1. The premium or charge for bonds given by surety companies for state oflSeials, 
 county officials, city officials, or city and county officials, shall be paid by the state, 
 county, city, or city and county respectively; provided, however, that no premium or 
 charge shall exceed one-half of one per centum per annum on the amount of such 
 bond; and provided, further, that this act shall not apply to notaries public. 
 
 $ 2. This act shall take effect from and after its passage. 
 
 1. Scope of act — "Surety companies." — given by surety companies, the courts must 
 The phrase "surety companies" as used in assume in support of the constitutionality of 
 the act was Intended to include any corpora- the act, that the classification was made on 
 tion organized for the purpose of carrying that ground. — County of San Luis Obispo v. 
 on the business of becoming surety on bonds Murphy, 162 Cal. 588, 591, Ann. Cas. 1913D, 
 and undertakings, which is authorized by 712, 123 Pac. 808. 
 
 sections 1056 and 1057, Code of Civil Pro- 4. Same. — The act is not violative of sec- 
 
 cedure, and subdivision 4 of section 955, tlon 11, article I, or of section 21, article II, 
 
 Political Code, to become surety on bonds or subdivision 9, section 25 of article IV, 
 
 and undertakings required by law.^County of the constitution. — County of San Luis 
 
 of San Luis Obispo v. Murphy, 162 Cal. 588, Obispo v. Murphy, 162 Cal. 588, 590, Ann. 
 
 590, Ann. Cas. 1913D, 712, 123 Pac. 808. Cas. 1913D, 712, 123 Pac. 808. 
 
 2. Constitutionality — Corporation.s as Corporations as sureties on bonds. — Sea 
 .sureties on bonds. — Act authorizing held Kerr's Cj^c. Code Civil Procedure, §§ 1056, 
 constitutional. — Cramer v. Tittle, 72 Cal. 12, 1057; Kerr's Cyc. Political Code, § 955, 
 12 Pac. 869. subdv. 4. 
 
 :;. Same. — Act held constitutional. — Bail and otber bonds. — See Kerr's Cyc. 
 
 County of San Luis Obispo v. Murphy, 162 Penal Code, tits. "Arrest," "Bail," "Bond," 
 
 Cal. 5SS, 590, Ann. Cas. 1913D, 712, 123 Pac. "Undertaking." 
 
 808; County of San Luis Obispo v. Smith, 21 Official bonds In general. — See Kerr's Cyc. 
 
 Cal. App. 55, 130 Pac. S58. Political Code, §§ 947, et seq. 
 
 .1. Same — Presumption in su'-nort of con- Suretyship, guaranty and indemnity, in 
 
 Mtitutionality. — It will not 1" ssumed for general.— See Kerr's Cyc. Civil Code, tits, 
 
 the purpose of nullifying the • c that it was "Suretyship," "Guaranty," "Indemnity." 
 
 intended to discriminate against personal Judicial bonds and undertakings. — See 
 
 sureties or in favor of certain officers; and Kerr's Cyc. Code Civil Procedure, tits, 
 
 if a reasonable ground can be conceived for "Bonds," "Surety Companies," "Undertak- 
 
 confining the operation of the act to bonds ings." 
 
 DEPOSIT OF FUNDS HELD BY BONDED FIDUCIARIES. 
 ACT 488 — An act relating to the deposit of moneys and assets held by bonded fiduciaries 
 providing for agreements between surety and fiduciary as to place of deposit of such 
 funds and assets. 
 
 History: Approved June 11, 1915. In effect August 10, 1915. Stats. 
 1915, p. 1438. 
 
 Deposit of money held by bonded fiduciaries. 
 
 § 1. It shall be lawful for any party of whom a bond undertaking or other obligation 
 is required to agree with his surety or sureties for the deposit of any or all moneys 
 and assets for which such surety or sureties are or may be held responsible, with a 
 bank, savings bank, safe deposit or trust company, authorized by law to do business 
 as such, or other depository approved by the court, or a judge thereof, if such deposit 
 is otherwise proper, for the safe-keeping thereof, and in such manner as to prevent 
 the withdrawal of such money and assets or any part thereof, without the written 
 consent of such surety or sureties, or an order of court, or a judge thereof, made on 
 such notice to such surety or sureties as such court or judge may direct; provided, 
 however, that such agreement shall not in any manner release from or change the 
 liability of the principal or sureties as established by the terms of the said bond.
 
 Acts 493, 494 
 
 GKNKRAL LAWS. 
 
 264 
 
 II. BONDS, MONEY SECURITIES. 
 
 ACT 493. State Bonds. 
 
 494. State Funded Debt Bond. 
 
 495. State Funded Indebtedness, Payment op Loan Commissionees. 
 501. County Bonds. 
 
 514. Registration of Bonds. 
 
 515. State Fiscal Agency. 
 
 516. State Building Bonds — Sacramento. 
 
 518. Farm Loan Bonds, Legal Investment. 
 
 519. Sale op State Lands, Commission On. 
 
 STATE BONDS. 
 
 ACT 493 — An act to provide for the payment of interest on the outstanding bonds of 
 the state held in trust for the university fund and the state school fund. 
 
 History: Approved March 3, 1893, Stats. 1893, p. 75. Amended 
 
 March 11, 1899, Stats, 
 the title. 
 
 1899. p. 93. The amending act also amended 
 
 The public debt. — Acts relating to the 
 public debt, the issue of bonds to liquidate 
 the same, and the issue of refunding bonds, 
 when required or appropriate, are for the 
 most part obsolete, having: accomplished 
 their purposes, and the debts and bonds 
 having for the most part, or entirely, paid 
 or taken up by the state for university or 
 school endowment purposes. Tlie first act 
 was passed January 5, 1850, and was fol- 
 lowed by two more acts by the legis'ature 
 of that year. Practically every legislature 
 from the first to the eighteenth session 
 passed one or more acts bearing upon the 
 subject. The legislature of 1871-72., which 
 adopted the codes expressly continued all 
 these acts in force. They dealt with many 
 expenditures, expenses of the state govern- 
 ment, civil war loan bonds, Indian war loan 
 bonds, state capitol bonds, university con- 
 struction bonds, railroad aid bonds, etc. 
 
 The most important of these acts were 
 the refunding acts of April 28, 1857 (Stats. 
 1857, p. 300), April 30, 1860 (Stats. 1860, 
 p. 352), and April 2, 1870 (Stats. 1869-70). 
 The first authorized an issue of $3,900,000, 
 «even per cent, twency-year bonds, for the 
 •purpose of liquidating, funding and paying 
 'iutstanding clairnj against the state. The 
 ■second authnriysd the issue of $200,000, 
 «ievep per cent, twenty-year bonds to take 
 ".p o«^.5ianding bonds of the issues of 1852, 
 1853, 1855 and 1856, and certain outstanding 
 warrants and unpaid claims. The third 
 authorized the issuance of twenty-year 
 bonds, not exceeding three million and 
 
 seven hundred thousand dollars. The pro- 
 ceeds from this bond issue were used for 
 paying the prior outstanding bonds issued 
 under acts of 1857 and 1860 respectively, 
 and also outstanding soldiers' relief and 
 soldiers' bounty bonds. — See Bickerdike v. 
 State, 144 Cal. 681, 695, 78 Pac. 270. 
 
 Same — By the act of December 22, 1873, 
 Stats. 1873-4, 6, ch. IX, the state treasurer 
 and governor were authorized to dispose of 
 sixty-five thousand dollars of United States 
 five-twenty bonds then being held for the 
 benefit of the University of California, and 
 to purchase therewith state-funded-debt 
 bonds; and by Stats. 1873-4, 235, ch. CLXXI, 
 the loan commissioners created by the be- 
 fore-mentioned act of 1869-70, were empow- 
 ered to dispose of such bonds as were 
 authorized to be issued under that act, and 
 not exchanged for other bonds, or purchased 
 for the university and school funds, in any 
 manner they might deem best. I* is under- 
 stood that these are the bonds authorized to 
 be purchased (and that they were pur- 
 chased) under the above cited act of 1873-4, 
 6, with funds arising from the sale of 
 United States five-twenty bonds. These 
 are the bonds referred to In the act which 
 precedes this note. 
 
 Tlie other outstanding bonds of the state 
 of the issue of 1873-4, specifically referred 
 to by number, were taken up under the act 
 of 1893. See, post, Act 497. 
 
 As to state capitol bonds, see, post, Act 
 712. 
 
 STATE FUNDED DEBT. 
 
 ACT 494 — An act to provide for the redemption and payment of certain funded debt 
 bonds of this state, together with interest thereon, making an appropriation therefor, 
 and authorizing the state controller and state treasurer to transfer the sum of one hun- 
 dred and twenty thousand dollars from the general fund to the interest and sinking 
 fund to carry out the provisions of this act. [Approved February 27, 1893. Stats. 
 
 1893, p. 49.] 
 
 History: Approved February 27, 1893, Stats. 1893, p. 49. 
 
 I'ublic debt. — See note to ante Act 493.
 
 265 BOXDS. Acts 485, 501, §§ 1-4 
 
 LOAN COMMISSIONERS STATE FUNDED DEBT. 
 
 ACT 495 — An act to provide for tlie payment of funded indebtedness of the state of 
 
 California, and to contract a funded debt for tbat purpose. [Approved March 31, 
 
 1891. Stats. 1891, p. 210.] 
 
 History: Approved March 31, 1891, Stats. 1891, p. 210. 
 
 Loan commissioners. — This act created a dicated, and provided for the sale and re- 
 board of commissioners for the purpose in- demption of the bonds. 
 
 Public debt. — See note to ante, Act 493. 
 
 COUNTY BONDS. 
 ACT 501 — An act to authorize the several counties of this state to create a bondt?d 
 indebtedness for certain purposes. 
 
 History: Approved March 19, 1889, Stats. 1889, p. 348. 
 
 Issuance of bonds to pay county indebtedness, not created by law, to be submitted to 
 
 a vote. 
 
 $ 1. Whenever it shall appear to the satisfaction of the board of supervisors of any 
 county of this state that said county is justly indebted to any person or persons for 
 money received into the treasury of said countj'^, and used by said county, and which 
 said indebtedness at the time of its creation was not authorized by law, they shall, 
 by ordinance, declare that said county is justly indebted to the person or persons 
 named in said ordinance, in a sum named therein, and that the question of issuing 
 bonds in the sum therein named, for the purpose of paying said debt, shall be sub- 
 mitted to a vote of the legal voters of said county. 
 
 Notice of election. 
 
 $ 2. The supervisors of said county shall thereupon publish a notice calling an 
 election to be held in said county, submitting to the voters of said county the question 
 whether said bonds shall be issued or not. The notice shall state the amount of 
 bonds to be issued, the purpose for which they are issued ; said notice shall be published, 
 and the election held as provided by section thirtj^-seven of an act of the legislature of 
 the state of California, entitled "an act to establish a uniform system of county and 
 township governments," approved March fourteen, eighteen hundred and eighty-three. 
 
 Return. 
 
 § .3. If upon return of the election it shall appear that two-thirds of all the voters 
 voting at such election have voted in favor of issuing said bonds, the supervisors are 
 required to issue bonds in the sum named in the notice of election, payable to the 
 creditors named in said ordinance; said bonds shall bear interest at the rate of five 
 per cent per annum, and shall be payable at such time as the board of supervisors shall 
 order, not exceeding twenty years from date. They shall be signed by the chairman 
 of the board of supervisors and county clerk. 
 
 Tax levy to pay interest. 
 
 ^ 4. It shall be the duty of the board of supervisors each year to levy a tax sufficient 
 to pay the annual interest on said bonds, and to pay the principal as the same shall 
 become due. 
 
 This act is to take effect from and after its passage. 
 
 County government act of 1807. — Compare provision In the code, Kerr's Cyc. Political 
 
 this act with subdivision 13, § 25, county Code, §§ 4088, 4088a. 
 government act of 1897, and the superseding
 
 Act 514, §§ 1-3 GENERAL. LAAVS. 266 
 
 REGISTRATION OF BONDS. 
 ACT 514 — An act to provide for the registration of bonds issued "by the state of Cali- 
 fornia, or any county, city and county, municipal corporation, or other public corpo- 
 ration. 
 
 History: Approved April 14, 1913. In effect August 10, 1913. Stats. 
 1913, p. 23. 
 
 Registration of bonds. Transfer of bonds. Statement. 
 
 $ 1. Whenever the owner of any coupon bond, or of any bond payable to bearer, 
 already issued or hereafter issued by the state of California, or any county, city and 
 county, municipal corporation, or other public corporation, now or hereafter existing in 
 this state, shall present any such bond to the treasurer or other oificer of such corpora- 
 tion, who by law performs the duties of treasurer, with a request for the conversion of 
 such bond into a registered bond, such treasurer, or such other officer, shall cut off and 
 cancel the coupons of any such coupon bond so presented, and shall stamp, print, or 
 write upon such coupon bond, or such other bond payable to bearer, so presented, either 
 upon the back or upon the face thereof, as may be convenient, a statement to the effect 
 that the said bond is registered in the name of the owner, and that thereafter the 
 interest and principal of said bond are payable to the registered owner. Thereafter, 
 and from time to time any such bond may be transferred by such registered owner in 
 person, or by attorney duly authorized on presentation of such bond to such treasurer, 
 or such other officer, and the bond be again registered as before, a similar statement 
 being stamped, printed or written upon any such bond may be in substantially the 
 following form: 
 
 (Date, giving month, year, and day.) 
 
 This bond is registered pursuant to the statute in such cases made and provided in 
 
 the name of (Here insert name of owner) and the interest and principal 
 
 thereof are hereafter payable to such owner. 
 
 Treasurer (or such other officer.) 
 After any bond shall have been registered as aforesaid, the principal and interest of 
 such bond shall be payable to the registered owner. Such treasurer, or such other 
 officer, shall keep in his office a book or books which shall at all times show what bonds 
 are registered and in whose names respectively. 
 
 A.ct applicable to all issues. 
 
 ^ 2. Whenever under any statute of this state or any charter of any municipal cor- 
 poration in this state, any bonds arc issued, whether the proceedings for the issuance of 
 such bonds have been had in whole or in part prior to the enactment of this statute, or 
 whether the same have been had in whole or in part after the enactment of this statute, 
 such bonds may be issued either in the form of coupon bonds, or in the form of regis- 
 tered bonds, or some in the form of coupon bonds, and some in the form of registered 
 bonds, as has been or hereafter may be provided in the proceedings for the issuance of 
 such bonds and notwithstanding any language or provision to the contrary contained in 
 any such statute or charter authorizing the issuance of the bonds, or in any other law of 
 the state. The provisions of section one of this act shall apply to coupon bonds so 
 issued, as well as to other coupon bonds, or other bonds payable to bearer. 
 
 Fee of registering. 
 
 ^ 3. The state treasurer or other treasurer or official performing the duties of 
 treasurer shall be entitled for so registering a bond or bonds to charge and collect a fee 
 of fifty cents for every $1,000.00 of the par value thereof for the purposes of providing 
 the additional supplies and clerical help necessary in complying -ftdth this act.
 
 267 BOXDS. Act 515, §§ 1-4 
 
 STATE FISCAL AGENCY. 
 
 ACT 515 — An act to provide for the establishment of a fiscal agency for the state of 
 
 California in the city of New York, in the state of New York, and prescribing the 
 
 duties of such fiscal agency and the duties of the public officers in relation thereto. 
 
 History: Approved June 6, 1913. In effect immediately. Stats. 
 1913, p. 675. 
 
 Designation of fiscal agency in New York City. 
 
 $ 1. The governor of the state of California is, upon the recommendation of the state 
 treasurer, authorized to designate some well known and responsible banking firm or 
 association in the city of New York, or some well known and responsible incorporated 
 banking institution in the city of New York in the state of New York, having a paid up 
 capital and surplus of not less than one million dollars ($1,000,000) as the fiscal agencj' 
 for the payment of bonds and coupons issued by the state of California. Such banking 
 firm or association, or incorporated banking institution designated by the governor as 
 the fiscal agency under the terms of this act, shall thereafter continue to be the said 
 fiscal agency until the like designation of another banking firm, association or incor- 
 porated institution as such fiscal agency. Any banking firm or association, or incor- 
 porated banking institution so designated as such fiscal agency, may be required by the 
 state treasurer, at his discretion, and subject to the approval of the governor, to execute 
 a bond or bonds, to the state of California, conditioned for the faithful perfoiTaance of 
 its duties as such fiscal agency, in such amount or amounts as may from time to time 
 be fixed by the state treasurer with the approval of the governor. 
 
 Bonds payable at agency. 
 
 § 2. Any and all bonds and coupons heretofore issued by the state of California, or 
 hereafter to be issued, which by their terms are made payable at the office of the state 
 treasurer, without further designation of a place of payment, shall at the option of the 
 holder thereof also be payable at the fiscal agency to be designated by the governor 
 under the terms of this act. 
 
 Remittances to agency. 
 
 $ 3. The controller of the state of California shall draw his warrant on the treasury 
 for, and the state treasurer shall, out of any funds in the treasury available and appro- 
 priated for the payment of the principal and interest of the said debt, transmit or remit 
 to the said fiscal agency, in the form of check or draft payable in the said city of New 
 York, at such times as may be arranged by the state treasurer with such fiscal agency, 
 subject to the approval of the governor, as hereinafter provided, sufficient funds out of 
 any funds in the hands of such state treasurer, or other officer, applicable to such jjur- 
 poses for the redemption of such bonds and coupons; provided, however, that the time 
 when such funds shall be transmitted or remitted to such fiscal agency shall be not less 
 than thirty days before the maturity of any such bonds or coupons. Express charo-es 
 and postage shall be a proper charge against the state and shall be paid said fiscal 
 agency and be allowed the state treasurer or other officer in his settlement. 
 
 Receipt for funds sent. 
 
 § 4. On receipt of any funds by the said fiscal agency, it shall be the dutv of such 
 agency to notify the officer from whom received of the receipt thereof and immediatelv 
 on the payment of such bonds and coupons for which funds were transmitted or remitted 
 said bonds and coupons shall be canceled and returned to the state treasurer or officer 
 from whom such funds were received. The fiscal agency is hereby authorized to redeem 
 such bonds and coupons when duly presented to it by the holder, Avhether the certificate 
 herein provided for has been attached to said bonds or not.
 
 Act 515, §§ 5-S 
 
 GENERAL LAWS. 
 
 Certificate attached to bonds. 
 
 § 5. The state treasurer and any other officers of the state authorized to sell and 
 deliver anj' bonds of the state, are hereby authorized at the time of delivery to the pur- 
 chaser to attach to any bonds of the state which have been or shall be authorized to be 
 issued by the state, whether such bonds have been heretofore signed, countersigned and 
 sealed, or shall hereafter be signed, countersigned and sealed, a copy of this act and a 
 
 certificate in the following terms : "Pursuant to the above act, 
 
 in the city of New York, state of Noav York, has been designated as the fiscal agency of 
 the state of California in said city, to continue as such until the designation of another 
 
 fiscal agency in said city. Attached before issuance to state of California 
 
 bond, dated ,19 , No 
 
 Sacramento, California, , 19 
 
 State Treasurer." 
 Notice of designation of agency to "be published. 
 
 § 6. It shall be the duty of the secretary of state immediately after the passage. of 
 this act and the designation of the fiscal agency provided herein, to publish a notice of 
 the same in some paper of general circulation in the city. of Sacramento, in the state of 
 California, and in the said city of New York, in the state of New York, once a week for 
 two weeks and thereafter all bonds and coupons of the state which are by their terms 
 payable at the office of the state treasurer, shall also be payable at the said fiscal agency 
 at the option of the holder. 
 
 Treasurer authorized to act. 
 
 5 7. The state treasurer, subject to the approval of the governor, is hereby authorized 
 to do all acts and things necessary or proper to carry the provisions of this act into 
 effect, including among other things the making of such arrangements with the fiscal 
 agency as may be deemed necessary including the compensation, if any, of such agency 
 for services rendered under this act, and the time when funds for the redemption of 
 bonds and coupons shall be transmitted or remitted to such fiscal agency. 
 
 Urgency measure. 
 
 § 8. This act is hereby declared to be an urgency measure within the meaning of sec- 
 tion 1, article IV, of the constitution and is deemed necessary for the immediate preser- 
 vation of the public peace, health and safety. The following is a statement of the facts 
 constituting such necessity: It is necessary for the purpose of promptly and immedi- 
 ately supplying funds for the construction and completion of highways and harbor 
 improvements which have been authorized by the legislature and ratified by a vote of 
 the people and have been begun, that this act be passed and that provision for the 
 payment of bonds and coupons of the state be made in conformity with the requirements 
 of financial usage and custom by providing for the payment thereof at a place and in a 
 manner which will place the said bonds and coupons on an equality with the bonds of 
 other states and of public bodies. The necessity of immediately obtaining and fur- 
 nishing funds for said purpose to prevent loss to the state and to secure the completion 
 without unnecessary delay of the said improvements for the preservation of the public 
 peace, health and safety require that this act shall take immediate effect.
 
 2C9 BO.XDS. Act 51G, §§ 1-3 
 
 STATE BUILDING BONDS— SACRAMENTO. 
 
 ACT 516 — An act to provide for the issuance and sale of state bonds to "be known as 
 
 "state building bonds," to provide for the erection and equipment of state buildings 
 
 in the city of Sacramento for state purposes, creating a commission to determine the 
 
 amount to be expended for furnishing and equipping said buildings and accepting a 
 
 suitable site, creating a sinking and interest fund for the payment of interest on said 
 
 bonds and the redemption of the same, making an appropriation therefor, making an 
 
 appropriation of five thousand dollars for the expenses of printing and lithographing 
 
 said bonds and providing for the submission of this act to a vote of the people. 
 
 History: Approved June 5, 1913. In effect August 10, 1913. Stats. 
 1913, p. 389. 
 
 Bonds for state buildings. Three million dollars. Interest. Run fifty years. How 
 signed. 
 
 $ 1. For the purpose of creating and providing a fund for the indebtedness hereb;r 
 authorized to be incuiTed, as hereinafter provided, the state treasurer shall immediately 
 after the issuance of the proclamation of the governor, provided for in section tet. 
 hereof, prepare six thousand suitable bonds of the state of California, in the denomina- 
 tion of five hundred dollars each. The whole issue of said bonds shall not exceed thn 
 sum of three million dollars, and said bonds shall bear interest at the rate cf four per 
 centum per annum from the date of issuance thereof, and both principal a&d intereist 
 shall be payable in gold coin of the present standard of value, and they shall be )?ayai*ie 
 at the office of the state treasurer, at the expiration of fifty years from their date. S^'id 
 bonds shall bear date the second day of July, 1915, and shall be payable on the seeciid 
 day of July, 1965. The interest accruing on such of said bonds as are sold shall be due 
 and payable at the office of the state treasurer on the second day of January and on tne 
 second day of July of each year after the sale of the same. At the expiration of fifty 
 years from the date of said bonds all bonds sold shall cease to bear interest, and tne 
 state treasurer shall call in, forthwith pay and cancel the same out of the moneys in the 
 sinking and interest fund provided for in this act. All bonds issued shall be signed by 
 the governor, and countersigned by the controller, and shall be endorsed by the state 
 treasurer, and the said bonds shall be so signed, countersigned, and endorsed by the 
 officers who are in office on the second day of July, 1915, and each of said bonds shall 
 have the seal of the state impressed thereon. The said bonds signed, countersigned, 
 endorsed and sealed as herein provided when sold shall be and constitute a valid and 
 binding obligation upon the state of California, though the sale thereof be made at a 
 date or dates after the person signing, countersigning and endorsing, or any or either 
 of them, shall have ceased to be the incumbents of such office or offices. 
 
 Interest coupons. Accrued interest not paid to purchaser. 
 
 § 2. Interest coupons shall be attached to each of said bonds, so that such coupons 
 may be removed without injury to or mutilation of the bond. Said bonds shall be con- 
 secutively numbered, and shall bear the lithographed signature of the state treasurer 
 who shall be in office on the second day of July, 1915, But no interest on any of said 
 bonds shall be paid for any time which may intervene between the date of any of said 
 bonds and the issue and sale thereof to a purchaser, unless such accrued interest shall 
 have been, by the purchaser of said bond, paid to the state at the time of such sale. 
 
 Appropriation. 
 
 § 3. The sum of five thousand dollars is hereby appropriated out of any moneys in 
 the state treasury not otherwise appropriated to pay the expenses that may be incurred 
 by the state treasurer in having said bonds prepared.
 
 Act 516, §§ 4-6 
 
 GENERAL LAWS. 
 
 270 
 
 Sale of bonds. Published notice. Further notice. "State buildings fund." 
 
 ^ 4. When the bonds authorized to be issued under this act shall be duly executed, 
 they shall be sold by the state treasurer at public auction to the highest bidder for cash 
 in such parcels and numbers as shall be directed by the governor of the state; but the 
 state treasurer must reject any and all bids for said bonds, or for any of them, which 
 shall be below the par value of said bonds so offered plus the interest which has accrued 
 thereon between the date of sale and the last preceding interest maturity date and he 
 may, by public announcement, at the place and time fixed for the sale, continue such 
 sale, as to the whole of the bonds offered, or any part thereof offered, to such time and 
 place as he may select. When a sale is continued, as hereinabove provided, no notice 
 need be given other than the public announcement of the continuance, as hereinabove 
 provided. Before offering any of said bonds for sale, the said treasurer shall detach 
 therefrom all coupons which have matured before the date fixed for such sale. Due 
 notice of the time and place of sale of all bonds must be given by said treasurer by pub- 
 lication in one newspaper published in the city and county of San Francisco, and also by 
 publication in one newspaper published in the city of Oakland, and by publication in 
 one newspaper published in the city of Los Angeles, and by publication in one news- 
 paper published in the city of Sacramento, once a week during four weeks prior to 
 such sale. In addition to the notice last above provided for the state treasurer must 
 give such further notice as he may deem advisable, but the expenses and costs of such 
 additional notice shall not exceed five hundred dollars for each sale so advertised. The 
 costs of such publications shall be paid out of any moneys in the state treasury not 
 otherwise appropriated on controller's warrants duly drawn for such purpose. The 
 proceeds of the sale of such bonds, except such amount as may have been paid as 
 accrued interest thereon, shall be forthwith paid over by said treasurer into state 
 treasury, and must be by him kept in a separate fund, to be known and designated as 
 the "state buildings fund" which fund is hereby established. Any and all sums which 
 may have been paid as accrued interest shall be forthwith paid over by said treasurer 
 into the state treasury, and must be by him kept in a separate fund to be known and 
 designated as the "state buildings sinking and interest fund," which fund is hereby 
 established. 
 To construct state buildings in Sacramento. Board. Site to be donated. 
 
 § 5. Any and all moneys derived from the sale of the bonds provided for in this act 
 are hereby appropriated and shall be used exclusively for the following purposes to wit : 
 
 The constructing and equipping of state buildings in the city of Sacramento, state of 
 California, for the various oflficers, boards and commissions of the state, at a cost not to 
 exceed the total sum of three million dollars, such portion of said sum of three million 
 dollars to be used for the furnishing and equipping of said state buildings as may be 
 determined by a board consisting of the governor, the presiding justice of the supremo 
 court, and the state librarian, which board for such purpose is hereby created; pro- 
 vided, however, that no moneys provided for by this act shall be used for such purpose 
 until a site suitable for such purpose, and acceptable to the state board last above' 
 created, shall be donated or given to the state, the title thereto to be free and clear of 
 all liens and encumbrances; the number of buildings and their location on the lands to 
 be donated shall be determined by said board in this subdivision of this section men- 
 tioned; the plans and specifications for said buildings, and each of the same, shall bj 
 prepared urder the direction and control of said board in this subdivision of this section 
 provided for. 
 Annual interest appropriation. Annual principal appropriation. State revenue to bo 
 
 collected. 
 
 ^ 6. There is hereby appropriated out of any monej'S in the state treasury not other- 
 wise appropriated, the sum of fifty thousand ($50,000) dollars annually, to pay the
 
 271 BOXDS. Act516, S§7. a 
 
 principal of the bonds issued and sold pursuant to the provisions of this act. Said 
 annual appropriation to continue until the same, together with the accrued interest on 
 the investment thereof, shall be sufficient to pay the principal of said bonds at the 
 maturity thereof. 
 
 There is also hereby appropriated from any moneys in the state treasury not other- 
 wise appropriated such sum annually as will be necessary to pay the interest on the 
 bonds issued and sold pursuant to the provisions of this act. 
 
 There shall be collected annually in the same manner and at the same time as other 
 state revenue is collected such a sum, in addition to the other revenues of the state, as 
 shall be required to pay the principal and interest on said bonds as herein provided and 
 it is hereby made the duty of all officers charged by law with any duty in regard to the 
 collection of said revenue to do and perform each and every act which shall be necessary 
 to collect such additional sum. 
 
 Semi-annual transfer of funds. Investment of funds. Pasonent of principal and inter- 
 est. Annual report of controller and treasurer. 
 
 On the 2d day of January and on the 2d day of July of each year, after the sale of any 
 bonds as herein provided for, the state treasurer and state controller shall transfer from 
 the moneys hereby ajipropriated to the state buildings sinking and interest fund, a 
 sufficient sum of money to pay all interest due and payable on any bonds sold and said 
 transfer shall continue to be so made up to the date of maturity of such bonds and it 
 shall be the duty of the state treasurer to pay the same when the same falls due. On 
 the first Monday in July of each year, after the sale of any of the bonds as in this act 
 provided the state controller and state treasurer are hereby authorized and directed to 
 transfer the moneys hereby appropriated for the payment of the principal of said 
 bonds to the said state buildings sinking and interest fund. The moneys so trans- 
 feiTed to the said state buildings sinking and interest fund for the payment of the 
 principal of said bonds, shall be invested from time to time by the state treasurer in 
 United States or state bonds. All interest payable on such bonds so invested shall be 
 paid into the said state buildings sinking and interest fund and be applied and held for 
 the payment of the principal of said bonds or reinvested in other bonds for the payment 
 of such principal, as herein provided. 
 
 The principal of all of said bonds sold shall be paid at the time the same becomes due, 
 from the "state buildings sinking and interest fund" and the interest on all bonds sold 
 shall be paid at the time said interest becomes due from said fund and the faith of the 
 state of California is hereby pledged for the payment of the principal of said bonds so 
 sold and the interest accruing thereon. 
 
 The state controller and the state treasurer shall keep full and particular account and 
 record of all their proceedings under this act, and they shall transmit to the governor 
 an abstract of all such proceedings thereunder, with an annual report, to be by the 
 governor laid before the legislature biennially; and all books and papers pertaining to 
 the matter provided for in this act shall at all times be open to the inspection of any 
 party interested, or the governor, or the attorney general, or a committee of either 
 branch of the legislature, or a joint committee of both, or any citizen of the state. 
 
 Redeemed bonds destroyed. 
 
 $ 7. When the bonds provided for by this act are redeemed, the state treasurer shall 
 mark the same canceled, and shall, in the presence of the governor destroy the same 
 by burning the said bonds. 
 
 In effect December 31, 1914. 
 
 § 8. This act, if adopted by the people, shall take effect on the thirty-first day of 
 December, 1914, as to all its provisions excepting those relating to and necessary for its 
 submission to the people, and for returning, canvassing and proclaiming the votes, and
 
 ActSlS, §§1, a GENERAL LAWS. 273 
 
 as to said excepted provisions this act shall go into eJlect ninety days after the final 
 adjournment of the session of the legislature passing the same. 
 
 Submitted to people. Ballots. 
 
 § 9. This act shall be submitted to the people of the state of California for their 
 isttification at the next general election to be holden in the month of November, nineteen 
 ntindred and fourteen, and all ballots at said election shall have printed thereon the 
 words "For the state's buildings bonds" and such other designation as may be neces- 
 sary to properly identify this act. In a square immediately below the square contain- 
 ing said words there shall be printed on said ballot the words "Against the state build- 
 ings bonds." Opposite the words "For the state buildings bonds" and "Against the 
 state buildings bonds," there shall be left spaces in which the voters may make or 
 stamp a cross to indicate whether they vote for or against this act, and those voting 
 for said act shall do so by placing a cross opposite the words "For the state buildings 
 bonds" and those voting against said act shall do so by placing a cross opposite the 
 words "Against the state buildings bonds." The governor of this state shall include 
 the submission of this act to the people as aforesaid, in his proclamation calling for 
 said general election. 
 
 Canvass of votes. 
 
 § 10. The votes cast for or against this act shall be counted, returned and canvassed 
 and declared in the same manner and subject to the same rule as votes cast for state 
 officers; and if it appear that said act shall have received a majority of all the votes 
 cast for and against it at said election as aforesaid, then the same shall have effect as 
 hereinbefore provided, and shall be irrepealable until the principal and interest of the 
 liabilities herein created shall be paid and discharged, and the governor shall make 
 proclamation thereof; but if the majority of the votes cast aforesaid are against this 
 act then the same shall be and become void. 
 
 state buildings. — See tit. "Public Build- State biiildinss at state capital. — An ap- 
 ings." propriation of $300,000 for the erection and 
 
 Gift to state, by cities, of site for public equipment of state buildings at Sacramento, 
 
 building, authorized. — See, post, Act 3664. in addition to the amount provided for this 
 
 Memorial room in oapitol extension. — See, the above act was made by the act of 
 
 post. Act 5465a. May 27, 1919, Stats. 1919. p. 1288. 
 
 Other state buildingr bonds. — See tit. 
 "Public Buildings." 
 
 FARM LOAN BONDS. 
 
 ACT 518 — An act making farm loan bonds a lawful investment for insurance com- 
 panies and a lawful deposit for foreign insurance companies and a lawful investment 
 for all public and trust funds, and a lawful security for the performance of certain 
 acts. 
 
 History: Approved May 2, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 270. 
 
 Insurance companies may buy farm loan bonds. 
 
 $ 1. Insurance companies organized under the laws of California may, in addition 
 to the kinds and classes of securities defined in section four hundred twenty-one of the 
 Civil Code, invest their capital and accumulations in farm loan bonds issued under the 
 provisions of the federal farm loan act approved July 17, 1916, and that foreign insur- 
 ance companies required by section five hundred ninety-four a of the Political Code to 
 deposit securities, be and they are hereby permitted to deposit such farm loan bonds in 
 lieu of any other securities now permitted to be deposited by said last-mentioned section. 
 
 Farm loan bonds may be purchased with public funds. 
 
 § 2. Farm loan bonds issued under the federal farm loan act approved July 17, 1916, 
 are hereby made a lawful investment in the state of California for all state, county,
 
 273 BONDS. Act 519, §§ 1-3 
 
 city and county, citj', school, municipal and all other public funds, and a lawful invest- 
 ment in said state for the funds of executors, administrators, guardians, receivers, and 
 trustees of every kind and nature, and that whenever any bonds may by any law now 
 or hereafter enacted be used as security for the performance of any act or acts, such 
 farm loan bonds may be so used. 
 
 COMMISSIONS ON SALE OF STATE BONDS. 
 
 ACT 519 — An act authorizing the state treasurer, upon approval of the governor and 
 
 the board of control, to enter into agreements to pay commissions on the sale of 
 
 certain bonds of the state of California, and providing for the funds from which 
 
 such commissions shall be paid. 
 
 History: Approved May 13, 1919. In effect July 22, 1919. Stats. 
 1919, p. 470. 
 
 Agreements to pay commissions on sale of harbor bonds authorized. 
 
 § 1. The state treasurer, upon the approval of the governor and the board of con- 
 trol, is hereby authorized to enter into agreements to pay commissions for services 
 rendered in the procuring of bids for all or any portion or portions of the state bonds 
 issued under the provisions of an act entitled "An act for the issuance and sale of 
 state bonds to create a fund for the improvement of San Francisco harbor by the 
 construction by the board of state harbor commissioners of wharves, piers, state rail- 
 road, spurs, betterments and appurtenances, and necessary dredging and filling in 
 connection therewith in the city and county of San Francisco; to create a sinking fund 
 for the payment of said bonds ; to define the duties of state oflScers in relation thereto ; 
 to make an appropriation of five thousand dollars for the expense of printing said 
 bonds ; and to provide for the submission of this act to a vote of the people, ' ' approved 
 June 16, 1913. 
 
 Limitations. 
 
 No agreement shall be entered into by the state treasurer to pay a greater commission 
 than ten per cent of the par value of the bonds sold, and no commission shall be paid 
 for services rendered except to one who has procured and effected the sale and not until 
 the money from the sale of such bonds has been paid into the state treasury, and no 
 commission shall be paid on any sale of such bonds to any board, department or agency 
 of the state authorized by law to purchase the same. 
 
 Application to resales. 
 
 Should any purchase of said bonds or any thereof, hereafter be made by any board, 
 department or agency of the state authorized by law to make such purchase, on any 
 resale of such bond so purchased or any thereof thereafter made by such board, depart- 
 ment or agency, the foregoing provisions of the act as to entering into agreements to 
 pay, and the payment of, commissions shall apply to such resales as well as to original 
 sales of said bonds or any thereof. 
 
 Payment from harbor fund. 
 
 ^ 2. All commissions herein provided to be paid shall be paid out of and from the 
 San Francisco harbor improvement fund, and the state controller is hereby directed 
 to draw his warrants on said fund in favor of the person entitled to such commissions 
 and when entitled thereto, and sufficient money for such purpose is hereby appropriated 
 from said San Francisco harbor improvement fund as and when said commissions 
 become due. 
 
 Collection of money. 
 
 ^ 3. The board of state harbor commissioners is hereby authorized and directed by 
 the collection of dockage, tolls, rents, cranage and other port charges to collect a sum 
 
 Gen. Laws — 18
 
 Act 531, 8S 1-3 
 
 GENEIRAL LA^VS. 
 
 2T4 
 
 of money sufficient for the purposes of this act, over and above the amount limited by 
 section two thousand live hundi-ed twenty-six of the Political Code of the state of 
 California. 
 
 Sale without commission. 
 
 ^ 4. Nothing herein contained shall be constnifd to prevent an original sale, or a 
 resale by any board, department or agency of the state, of said bonds or any thereof 
 without the payment of such commission. 
 
 BOOMS. 
 
 See Kerr's Cyc. Political Code, H041, subdv. 35. 
 
 ACT 531. 
 
 CHAPTER 32. 
 BOUNDARIES OF STATE. 
 
 CONTENTS OF CHAPTER. 
 Eastern Boundary Defined and Established. 
 
 EASTERN BOUNDARY. 
 ACT 531 — An act to define and establish a portion of the eastern boundary of the state 
 of California. 
 
 History: Became a law under constitutional provision, 
 governor's approval March 1, 1901, Stats. 1901, p. 89. 
 
 without 
 
 Eastern boundary line. 
 
 § 1. That portion of the eastern boundary line of the state of California southeast- 
 ward from Lake Tahoe, and extending to the Colorado river; that is to say: southeast- 
 ward from the intersection of the thirty-ninth degree of north latitude, with the one 
 hundred and twentieth degree of longitude west from Greenwich, to the Colorado river, 
 as lately surveyed, established and marked by the United States coast geodetic survey, 
 completed during the year nineteen hundred, is hereby declared to be the true, correct 
 and legal boundary line of the state of California between Lake Tahoe and the Colorado 
 river, and the said line as surveyed, established and marked aforesaid, shall now and 
 hereafter be recognized and considered by the courts of this state as the boundary of 
 this state between the two said points, viz.: Lake Tahoe and the Colorado river. 
 
 Inconsistent acts repealed. 
 
 5 2. All acts and parts of acts inconsistent with this act are hereby repealed- 
 
 In effect. 
 
 ^ 3. This act shall take effect and be in force from and after its passage. 
 
 year, after 
 
 An earlier act (Stats. 1889, p. 38) author- 
 ized the surveyor general to survey the 
 same boundary, but the operation of the 
 
 act was limited to one year, after which 
 time it became obsolete. 
 
 Boundnry of atate. — See constitution, 
 article XXI, | 1. 
 
 BRANCIFORT. 
 
 See tit. "Titles." 
 
 BRAWLEY. 
 
 See Act 3094, note. 
 
 BRAZOS DEL RIO. 
 See tit. "Rio Vista." 
 
 BREA. 
 
 See Act 3094, note.
 
 27S BRIDGE:S. Acts 551. 552. §§ 1,2 
 
 CHAPTER 33. 
 BRIDGES. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 551. Deathtbridges Across Navigable Streams, by Cities. 
 
 552. Bridges Across Navigable Streams. 
 
 553. Franchises for Bridges Across Navigable Streams. 
 
 554. Bridges Across Navigable Waters Between Adjoining Counties. 
 
 555. Bridge Across Colorado Er'er at Needles. 
 
 556. Counties and Cities Joining in Bridge Construction, Etc. 
 
 DRAWBRIDGES. 
 ACT 551 — An act authorizing cities to maintain drawbridges across navigable streams 
 flowing through or penetrating the boundaries of such cities. 
 
 History: Approved March 13, 1883, Stats. 1883, p. 295. 
 
 $ 1. It shall be lawful for municipal corporations, and they are hereby authorized by 
 their respective legislative body or bodies, to erect and maintain drawbridges across 
 navigable streams that flow through or penetrate the boundaries of such cities when 
 the public necessities require it. Such bridges shall in all respects be constructed in 
 accordance with the provisions of section two thousand eight hundred and seventy-five 
 of the Political Code. 
 
 Duty to bridge ditches across highway. — Erection and maintenance of bridges. In 
 
 See Kerr's Cyc. Political Code, § 2737. g-eneral. — See Kerr's Cyc. Political Code, 
 
 §§ 2711, et seq. 
 
 BRIDGES ACROSS NAVIGABLE STREAMS. 
 ACT 552 — An act concerning bridges across navigable streams. 
 
 History: Approved February 25, 1897, Stats. 1897, p. 21. 
 
 Relating to bridges across navigable streams. 
 
 § 1. The board of supervisors of anj^ county in this state now controlling or main- 
 taining, by virtue of any statute, any bridge across any navigable stream wholly or in 
 part within the boundary lines of any municipal corporation, is hereby authorized and 
 empowered, whenever it may become necessary, in the interest of commerce or by reason 
 of any such bridge being out of repair, to reconstruct and rebuild any part of such 
 bridge, or replace such bridge hj a new structure, or with the consent of the governing 
 bodies of such municipalities change the location of such bridge to such place on such 
 stream as may be better suited to its use, or to the use of such navigable stream; and 
 the board of supervisors of any county is herebj'^ authorized to abandon any such exist- 
 ing bridge and rebuild a new bridge at such changed location, and the board of super- 
 visors of any such county so rebuilding and reconstructing said bridge may enter into 
 an agreement with any person or corijoration, now maintaining any bridge across any 
 such navigable stream, for the building of a joint bridge for the purpose of preventing 
 the impeding of commerce on such navigable streams, and of apportioning the expense 
 between said county and said person or any corporation, in such manner as may be 
 agreed upon between said county and said person, or corporation. 
 
 Division of expense of repair, etc. 
 
 ^ 2. The expense of said reconstruction, or the building of a new bridge, to be pay- 
 able out of the same fund as is now provided by law for the maintenance and repair of 
 any such bridge; provided, that in case said county should make such agreement with 
 said person or corporation for the building of any joint bridge, that only the county's 
 portion of said joint bridge, as may be settled by said agreement, shall be paid from the
 
 Act 553, §§ 1-6 GENERAL LAWS. 27« 
 
 said funds; and, provided, that in no event shall the county pay more than one-half the 
 cost of construction, repair or reconstruction of any such joint bridge. 
 
 Repeal of conflicting acts. 
 
 $ 3. All acts or parts of acts in conflict herewith are hereby repealed. 
 
 $ 4, This act shall take effect from and after its passage. 
 
 Erection and niniutennucc of bridges. In general. — See Kerr's Cyc. Political Code, {{ 2711, 
 et seq. 
 
 BRIDGE FRANCHISES ACROSS NAVIGABLE STREAMS. 
 ACT 553 — An act to provide for bridges across navigable streams, and across estuaries, 
 ponds, swamps, or arms of bays that may be outside of the line of navigable waters. 
 History: Approved March 14, 1881, Stats. 1881, p. 76. 
 
 Power of supervisors to erect bridges. 
 
 $ 1. The power to erect bridges on public highways across navigable streams in this 
 state, or to grant franchises to individuals, or corporations for the same, is hereby 
 granted to the boards of supervisors of the several counties of the state, under the 
 restrictions of this act. 
 
 Regulation of tolls, by whom exercised. 
 
 $ 2. The power to grant franchises to individuals or corporations to construct 
 bridges, and the regulation of tolls thereon, shall be exercised by the county on the left 
 bank of all streams. 
 
 Supervisors may join between counties. 
 
 ^ 3. Where a navigable stream is the boundary line between the counties, the boards 
 of supervisors of such counties may join in the construction of a bridge, upon such terms 
 as may be agreed upon; provided, however, that in case of a failure to agree, either 
 county may build the bridge and maintain control thereof. 
 
 Notify state engineer. 
 
 5 4. Whenever the supervisors of any county or counties desire to erect a bridge on 
 any public highway, or to grant the privilege so to do to any individual or corporation, 
 across a navigable stream, under the provisions of this act, said board, or boards shall 
 notify the state engineer of such purpose, and of the precise point where such bridge is 
 proposed to be located. The state engineer shall, within ten days of the receipt of such 
 notice, designate the width of the draw to be made in such bridge, and also the length 
 of the spans necessary to permit the free flow of water. 
 
 Hearing before state engineer. 
 
 § 5. The communication from the state engineer, fixing the draw and spans, shall be 
 spread upon the minutes of the board, and any bridge constructed at that point shall be 
 in conformity therewith; provided, however, that the state engineer may, upon hearing 
 before him, had upon the application of any person or body interested, made within ten 
 days after the receipt by said board of supervisors of said communication of said 
 engineer, change his first plans, in which case the modified plans must be so spread 
 upon the minutes, and shall stand in the place of the original; provided, however, that 
 before such hearing is had, the said engineer must give ten days' notice by publication 
 in some newspaper published in the county or counties from which the application came, 
 of the time and place of the hearing. 
 
 Surveyor general, when may act. 
 
 $ 6. In case of the absence or inability of the state engineer to act, the duties devolv- 
 ing upon him under this act shall be performed by the state surveyor generaL
 
 2TT BRIDGES. Act 554, § 1 
 
 Rates of toll, l>y whom fixed. 
 
 5 7. When a bridge shall be built on a navigable stream by one county, or two coun- 
 ties, it may be absolutely free, or tolls sufficient to pay in whole or in part, for the con- 
 struction, and to keep up the repairs and expenses thereof, may be charged; the rate to 
 be fixed by the board of supervisors of the county in which the same is located, or, if 
 located in two counties, then bj' the board of supervisors of the two counties, or if there 
 be any disagreement between said boards, as to imposing or removing tolls, or the rate, 
 the matter in dispute shall be referred to the board of supervisors of some neighboring 
 county for determination, and its decision, communicated in writing to the clerks of the 
 said boards respectively, shall be final; and if tolls are fixed or removed thereby, the 
 same shall take effect on the tenth day from the date of such written determination. 
 
 Supervisors to declare necessity for building bridges. 
 
 § 8. The board of supervisors, or other governing body of any city and county, or 
 county, in this state, shall have power to declare that it is necessary for the public con- 
 venience to have a bridge or bridges built across any estuary, swamp, pond, or arm of 
 a bay that may lie or extend into the county, or city and countj^, and prescribe the 
 points between which said bridge or bridges shall be built, and when they shall have 
 specified the points between which it is, in their judgment, necessary to build the said 
 bridge or bridges, they may let contracts to build the bridges, as aforesaid, and pay for 
 the same out of the general fund of the city and county, or county. 
 
 § 9. This act shall take effect immediately. 
 
 1. Repeal o£ code provision. — Section 2782, 3. Transfer of bridge property. — The 
 
 Political Code, so far as it deprives boards transfer of a property interest in a bridge 
 of supervisors of power to license toll across a navigable river by an electric rail- 
 bridges over navigable rivers, was repealed road company to another electric railroad 
 by implication by the act of 1881. — Chico company will not be authorized where tlie 
 Bridge Co. v. Sacramento Tr. Co., 123 Cal. transferee has not acquired the right to 
 ITS, 55 Pac. 780. the use of the bridge in the manner pre- 
 
 2. Superseded. — This act was probably scribed by this act. — In re Northern Electric 
 superseded, or, at least, limited, by section Ry. Co., et al., 4 R. C. D. 735. 
 
 25 of the county government acts as to Krection and maintenance of bridges, in 
 
 intracounty bridges. — See Croley v. Califor- general. — Kerr's Cyc. Political Code, §§ 2711, 
 
 nia, etc., Co., 134 Cal. 557. et seq. 
 See, also, Kerr's Cyc. Political Code, 4041. 
 
 BRIDGES BETWEEN COUNTIES. 
 ACT 554 — An act to enable adjoining counties to enter into agreements for the con- 
 struction, rebuilding, replacing, or relocation of bridges over navigable waters 
 between said counties, jointly with other persons or corporations. 
 
 History: Approved March 23, 1907, Stats. 1907, p. 982. 
 Bridges between two counties; provisions for joint construction and repair. 
 
 ^ 1. In case it shall appear to the boards of supervisors of two adjoining counties 
 that any bridge shall be necessary for highway purposes, over any navigable river, 
 stream, or inlet of the sea, between said counties, or if any bridge existing thereover 
 and used wholly or in part for highway purposes, (whether the same is owned by said 
 counties or either of them, or used by them or either of them by agreement with the 
 owner thereof), shall, in the interests of commerce, or by reason of such bridge being 
 out of repair or deteriorated beyond reasonable repair, require reconstruction, or 
 rebuilding, or replacing by a new structure, or its location to be changed to such place 
 OD such navigable river, stream, or inlet of the sea, as may be better suited to its use, 
 or to the use of such navigable water, or may tend to prevent obstruction to commerce 
 thereon, the boards of supervisors of such counties may, in their discretion, enter into 
 an agi'eenient with any person or corporation for the building of a joint bridge, or the 
 reconstruction, or rebuilding, or reijlacing bj' a new structure of such existing bridge, or
 
 Acts 555, 55«, § 1 GE}NE:RAL LAWS. 278 
 
 the rebnilfling thereof at another location, and the joint use of the same thereafter by 
 Buch person or corporation, and said counties or the public, and for apportioning the 
 ex))ense of such joint reconstructed or relocated bridge between said counties and each 
 of them and such person or corporation jointly using or to use the same, and to provide 
 for the construction and use thereof in such manner and upon such terms and condi- 
 tions as may be agreed upon between such counties and such person or corporation. 
 In such case none of the provisions of subdivision 4 of section 25 of an act entitled 
 "An act to establish a uniform system of county and township government," approved 
 April 1, 1897, shall be applicable thereto; provided, that in no event shall either county 
 agree to contribute more than one-third of the cost of construction, reconstruction, 
 relocation, or repair of any such joint bridge. 
 
 $ 2. This act shall take effect immediately. 
 
 E^rection and maintenance of bridses, in general. — Kerr's Cyc. Political Code, S9 2711, 
 
 et seq. 
 
 BRIDGE AT NEEDLES. 
 
 ACT 555 — An act providing for the building of a bridge across the Colorado river at 
 
 Needles, California, and making an appropriation therefor. 
 
 History: Approved April 29, 1915. In effect August 8, 1915. Stats. 
 1915, p. 300. 
 
 Appropriation: bridge across Colorado river. 
 
 $ 1. There is hereby appropriated out of any money in the state treasury not other- 
 wise appropriated, not to exceed the sum of twenty-five thousand dollars, and in no 
 event more than one-third of the sum that may be necessary for the construction of a 
 bridge across the Colorado river, at or near Needles, in the state of California and near 
 Topock in the state of Arizona, to be paid to and expended under the direction of the 
 secretary of the interior of the United States in the construction of a bridge when and 
 as recommended by said secretary of the interior. 
 
 California to pay half of maintenance. 
 
 § 2. It is further provided that the state of California assumes responsibility for 
 the payment of one-half the cost of the maintenance and repair of said bridge and the 
 approaches thereto, it being understood and agreed that the state of Arizona assumes 
 responsibility for the payment of one-half the cost of maintenance and repair of the 
 bridge and the approaches thereto; and it being further understood that the county of 
 San Bernardino will pay all cost of maintenance and repair of the approach to said 
 bridge on the California side while the same remains under the jurisdiction of said 
 county. 
 
 § 3. The state controller is hereby authorized to draw his warrant on the general 
 fund for said sum of twenty-five thousand dollars in favor of such person as the secre- 
 tary of the interior may designate, and the state treasurer is hereby authorized and 
 directed to pay the same. 
 
 JOINT BRIDGES. 
 ACT 556 — An act authorizing any county and cities within such county to join in the 
 acquisition, construction or maintenance of bridges or viaducts. 
 
 History: Approved May 19, 1915. In effect August 8, 1915. Stats. 
 1915, p. 688. 
 
 Counties may join with cities in acquiring bridges, etc. 
 
 § 1. Any county may join with any city or cities located within such county in the 
 acquisition, construction or maintenance of any bridge or viaduct within such county, 
 whether such bridge or viaduct is or is to be located within or without any such city.
 
 270 BriLDIXG AXD I-OAX ASSOCIATIONS. Act 56S 
 
 The cost of the acquisition, construction or maintenance of any such bridge or viaduct 
 shall be borne by such county and such citj' or cities in such proportion as the legis- 
 lative bodies thereof respectively shall determine by resolution or ordinance and may 
 be paid out of any funds available therefor. The authoritj' and responsibility for the 
 acquisition, construction or maintenance of any such bridge or viaduct shall vest in 
 such county' or in such city as may be provided in said ordinances or resolutions appor- 
 tioning the cost, 
 
 BROOKLYN. 
 
 See tit. ''Oakland." 
 
 CHAPTER 34. 
 
 BUILDING AND LOAN ASSOCIATIONS. 
 
 CONTENTS OF CHAPTER. 
 ACT 568. "Building and Loan Commission" Act. 
 
 BUILDING AND LOAN COMMISSION ACT. 
 ACT 568 — An act creating a bureau of building and loan supervision ; providing for the 
 appointment of an administration of&cial therefor to be known as the building and 
 loan commissioner; prescribing his duties, powers and compensation; providing for 
 a secretary, his powers and compensation; providing for the rental of offices for the 
 use of the bureau and for traveling and office expenses; providing a system for 
 licensing building and loan and other associations, and for assessing and collecting 
 the license fees necessary to meet the salaries and other expenses of the bureau of 
 building and loan supervision; providing a course of procedure where violations of 
 law, or unsafe practices are found to exist, or are reported by the commissioner to 
 the attorney general; providing for involuntary liquidation by trustees, and pro- 
 ceedings in connection therewith; providing for exemption of property of associations 
 in liquidation from attachments, executions and liens, pending liquidation; pro- 
 viding for and requiring associations to procure licenses, pay assessments levied 
 for pro rata of salaries and expenses, and to make and file reports; providing penal- 
 ties for violations of law and orders of the commissioners ; repealing an act approved 
 March 21, 1905, entitled "An act creating a bureau of building and loan supervision; 
 providing for the appointment of administration officials therefor to be known as 
 the building and loan commissioners; prescribing their duties, powers and compen- 
 sation; providing for a secretary, his powers and compensation; providing for the 
 rental of offices for the use of the bureau and for traveling and office expenses; pro- 
 viding a system for licensing building and loan and other associations, and for 
 assessing and collecting the license fees necessary to meet the salaries and other 
 expenses; providing a course of procedure where violations of law, or unsafe prac- 
 tices are found to exist, or are reported by the commissioners to the attorney gen- 
 eral; providing for involuntary liquidation by trustees, and proceedings in connec- 
 tion therewith; providing for exemption of property of associations in liauidation 
 from attachments, executions and liens, pending liquidation; providing for and 
 requiring associations to procure licenses, pay assessments levied for pro rata of 
 salaries and expenses, and to make and file reports; providing penalties for viola- 
 tions of law and orders of the commissioners ; providing for succession in office, and 
 repealing all acts and parts of acts in conflict herewith"; also repealing an act 
 approved March 23. 1907. entitled "An act to amend section sixteen (16) of an act 
 entitled 'An act creating a bureau of building and loan supervision; providing for 
 the appointment of adniinistration officials therefor to be known as the building and 
 lean commissioners; prescribing their duties, powers and compensation; providing
 
 Act 568, §1 GEXERAI^ I-.V\VS. 2S0 
 
 for a secretary, his powers and compensation; providing for the rental of offices for 
 the use of the bureau and for traveling and oiRce expenses; providing a system for 
 licensing building and loan and other associations, and for assessing and collecting 
 license fees necessary to meet the salaries and other expenses; providing a course 
 of procedure where violations of law, or unsafe practices are found to exist or are 
 reported by the commissioners to the attorney general; providing for involuntary 
 liquidation by trustees, and proceedings in connection therewith; providing for 
 exemption of property of associations in liquidation from attachments, executions 
 and liens pending liquidation; providing for and requiring associations to procure 
 licenses, pay assessments levied for pro rata of salaries and expenses, and to make 
 and file reports; providing penalties for violations of law and orders of the commis- 
 sioners; providing for succession in office, and repealing all acts and parts of acts 
 in conflict herewith,' approved March 21, 1905, relating to and providing for reports 
 to building and loan commissioners and the publication thereof"; also repealing an 
 act approved March 20, 1909, entitled "An act to amend sections 3 and 11 of an act 
 entitled 'An act creating a bureau of building and loan supervision; providing for 
 the appointment of administration officials therefor to be known as the building and 
 loan commissioners; prescribing their duties, powers and compensation; providing 
 for a secretary, his powers and compensation; providing for the rental of offices for 
 the use of the bureau and for traveling and office expenses; providing a system for 
 licensing building and loan and other associations, and for assessing and collecting 
 license fees necessary to meet the salaries and other expenses, providing a course 
 of procedure where violations of law, or unsafe practices are found to exist or are 
 reported by the commissioner to the attorney general; providing for involuntary 
 liquidation by trustees, and proceedings in connection therewith; providing for 
 exemption of property of associations in liquidation from attachments, executions 
 and liens pending liquidation; providing for and requiring associations to procure 
 licenses, pay assessments levied for pro rata of salaries and expenses, and to make 
 and file reports; providing penalties for violations of law and orders of the commis- 
 sioners ; providing for succession in office, and repealing all acts and parts of acts in 
 conflict herewith,' approved March 21, 1905, relating to the powers and duties and 
 salaries of the state building and loan commissioners." 
 
 History: Approved April 5, 1911, Stats. 1911, p. 607. Amended De- 
 cember IS, 1911, Stats. 1911 (ex. sess.), p. 6; April 28, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 238; May 29, 1915. In effect August 8, 
 1915. Stats. 1915, p. 992; May 11, 1917. In effect July 27, 1917. Stats. 
 1917, p. 426; and May 24, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 918. 
 
 Prior acts on same subject: 
 
 Act approved March 23, 1893, Stats. 1893, p. 229. Amended March 
 ?,6, 1895, Stats. 1895, p. 103. Repealed March 21. 1905, Stats. 1905, 
 0. 666. 
 
 Act approved March 21, 1905, Stats. 1905, p. 659. Amended March 
 23, 1907, Stats. 1907, p. 931; March 20, 1919, Stats. 1909, p. 544. Re- 
 pealed April 5, 1911, Stats. 1911, p. 607. 
 
 Bureau of building and loan supervision. 
 
 ^ 1. There is hereby created a bureau, to be known and designated as the "Bureau 
 of Building and Loan Supervision," with powers of supervision, examination and 
 license of all building and loan associations, mutual loan associations, co-operative home 
 associations, and all other corporations, associations and societies whenever, wherever 
 and however formed, which are based, or are operating on plans or methods similar to 
 building and loan associations as defined in sectior, G48 of the Civil Code. Said bureau 
 is charged with the enforcement of all laws designed for the formation, government or 
 operation, in this state, of any such association, corporation or society, and is vested 
 with power to determine what associations, corporations and societies come within the
 
 2S1 BITILDIXG AND I.OAIV ASSOriATIONS. Act 568, g§ a-5 
 
 purview of the laws. [Amendment approved December 18, 1911. Stats. 1911, p. 6, 
 extra session.] 
 
 Building and loan commissioner. Secretary. 
 
 § 2. The administration of said bureau shall be vested in a commissioner, to be 
 known and designated as the "building and loan commissioner," who shall be ap- 
 pointed by the governor and commissioner to hold office at the pleasure of the governor. 
 He must be a citizen of this state; and he must not be in any way connected with any 
 association, corporation or society coming under his supervision. He shall appoint a 
 secretary who shall, ex officio, also be a deputy commissioner with full powers as such, 
 and who must be a practical, skilled accountant, fully conversant with building and 
 loan systems and accounts; he shall also appoint one deputy who shall be an accountant. 
 [Amendment of May 24, 1917. In effect July 27, 1917. Stats. 1917, p. 918.] 
 
 This section was also amended May 29, 1915, Stats. 1915, p. 992. 
 
 Salaries. Office in San Francisco. 
 
 § 3. The commissioner shall receive a salary of three thousand six hundred dollars 
 
 per annum, the secretary shall receive a salary of two thousand four hundred dollars 
 
 per annum, and the deputy one thousand eight hundred dollars per annum, and such 
 
 salaries shall be in full for all services rendered. There shall also be allowed and paid 
 
 the necessary traveling expenses of the commissioner and the secretary, incurred while 
 
 traveling in the line of their duties, not to exceed the sum of one thousand two hundred 
 
 dollars per annum. The commissioner shall procure and have an office in the city of 
 
 San Francisco, which office shall be kept open for business every business day, during 
 
 such hours as are commonly observed by the banks of that city as banking hours. For 
 
 such office there shall be allowed and paid a total rental of not exceeding seventy-five 
 
 dollars per month. Said commissioner may also provide such fuel, stationery, printing, 
 
 postage, office help and other necessary conveniences as may be requisite in such office, 
 
 at a cost not to exceed in the aggregate the sum of one thousand six hundred dollars 
 
 per annum. All said salaries and expenses shall be audited and paid in the same manner 
 
 as the salaries and expenses of other state officers. [Amendment of May 24, 1917. 
 
 In effect July 27, 1917. Stats. 1917, p. 919.] 
 
 This section was also amended December 18, 1911, Stats. 1911 (Ex. Sess.), p. 6; and 
 May 29, 1915, Stats. 1915, p. 993. 
 
 Bonds of commissioner and secretary. 
 
 $ 4. Before entering upon their duties, the commissioner and the secretary shall each 
 execute an official bond in the penal sum of five thousand dollars, each of which bonds 
 must be guaranteed by a duly authorized surety or bonding company, the premium on 
 which shall be paid from the allowance for office expenses. Any bond executed under 
 this section must be approved by the governor and -filed and recorded in the office of 
 the secretary of state, and such commissioner and secretary must take the oath of office 
 as prescribed by the Political Code for the state officers in general. [Amendment 
 approved December 18, 1911. Stats. 1911, p. 6, extra session.] 
 
 Duties. Report to governor. 
 
 § 5. It shall be the duty of the commissioner to furnish to all associations, corpora-, 
 tions or societies, which, in his judgment, legally come under his jurisdiction, and that 
 have otherwise complied with the requirements of law, a license authorizing them to 
 transact business for one year from the date of said license; to receive and place on file 
 in his office the annual or other reports required by law to be made by building and loan 
 associations or other corporations or societies licensed by him; to supply each with 
 blank forms for such statement; and to make, on or before the first day of October in 
 each year, a tabulated report to the governor of this state, showing the condition of all
 
 ActSeS, §§0, 7 CLlXCR.ir. LAWS. 282 
 
 such associations, corporations or societies reporting to him, with such recommendation 
 as he may deem proper, accompanied by a detailed statement of all moneys received by 
 him since his last report and the disposition thereof. 
 
 Duties. Power to administer oaths. 
 
 ij 6. It shall be the duty of the commissioner, in person, or the secretary at least 
 once in each year, without previous notice, to visit and examine into the affairs of 
 every such association, corporation or society licensed by him, incorporated or doing 
 business in this state; on such occasions he shall have free access to all books, records, 
 securities and papers of every such association, corporation or society, and shall first 
 count the cash and check the bank balance of such corporation or association with the 
 proper amount of funds as shown by the books to be on hand and at the date and hour 
 of such examination, and shall then examine and verify the books, accounts, and secur- 
 ities, and, so far as possible and consistent, the values of all property owned or held as 
 collateral security for moneys loaned, and otherwise use reasonable diligence to ascer- 
 tain the financial condition and solvency thereof. He and the secretary shall have 
 power to administer oaths in the line of duty, and to examine under oath the officers, 
 employees and agents, or the custodian or receiver, relative to any or all the business 
 thereof. Whenever the result of any such examination shall develop a condition 
 demanding an extended audit of the books and affairs, the commissioner may, for such 
 purpose, appoint a competent auditor at the expense of the association, corporation or 
 society examined. The expense of such audit shall be fixed by the commissioner and 
 shall not exceed fifteen dollars per diem, plus traveling and hotel expenses, for each 
 day actually engaged in the making of the audit and the preparation of the report. 
 
 Foreign associations applying for license. 
 
 The commissioner or the secretary shall examine, or cause to be examined, the books 
 and affairs of any such association, corporation or society formed under the laws of any 
 other state, territory or foreign country applying for a license to enter this state for 
 the transaction of business, prior to the granting of such license and annually there- 
 after, and for every such examination made outside the state the actual traveling and 
 hotel expenses incurred shall be paid by the association, corporation or society so 
 examined; provided, that the result of any similar examination made and certified by 
 the duly constituted authorities of any state having similar laws of supervision may 
 be accepted by the commissioner. [Amendment of May 29, 1915. In effect August 8, 
 1915. Stats. 1915, p. 993.] 
 
 Books of associations. Revaluation of real estate. 
 
 § 7. To facilitate the examination specified in the foregoing section, he shall require 
 every such association, corporation, or society to keep its books in such form as to 
 accurately show its assets and liabilities in detail and to keep records written in ink, 
 showing the appraised values of the real estate security held in connection with each 
 loan, and signed in each case by the appraiser, officer or committee charged with 
 making such estimated valuations. The commissioner may make a revaluation of 
 the real estate owned, and of the other securities of any such association, corporation 
 or society licensed by him, on which the loan payments may be delinquent for six 
 months or more, and maj, for that purpose, appoint local appraisers, who shall be 
 disinterested persons, at the expense of such association, corporation or society; the 
 expense of such appraisement to be fixed by the commissioner, but not to exceed the 
 sum of five dollars for property located outside of any incorporated limits and three 
 dollars for property located inside of any incorporated limits for each property so 
 examined and appraised. Each appraiser so appointed shall be required to make a 
 sworn report to the commissioner of his estimated valuations of all property so exam- 
 ined and appraised.
 
 283 BUILDING AND LOAN ASSOCIATIONS. Act 568, § 9 
 
 May issue subpoenas, etc. 
 
 5 8. The commission shall have power to issue subpoenas and require attendance 
 of any or all trustees, or agents of any such association, corporation or society, and 
 such other witnesses as they may deem necessary, in relation to its affairs, transactions 
 and condition, and any such person so served with such subpoena may upon application 
 of the commissioner be required by order of the superior court of the county where 
 the corporation, association or society has its principal place of business to appear 
 and answer such pertinent questions as may be put to him by such commissioner 
 and be required to produce such books, papers or documents in his possession as 
 may be required by such commissioner. 
 
 Violation of law by association. Duty of commissioner. Notice to attorney general. 
 Reference to superior court. Commissioner empowered to conduct business. Inven- 
 toi-y. Notice to claimants. Liquidation. Report. Liability of stockholders. Surplus. 
 
 5 9. If the commissioner, as the result of any examination, or from any report 
 made to him or to the shareholders, shall find that any association, corporation or 
 society licensed by him, is violating the provisions of its charter or of the laws of 
 this state provided for its government, or is conducting its business in an unsafe 
 or unauthorized manner, he may, by an order addressed to the association, corpora- 
 tion or society so offending, direct a discontinuance of such violations or unsafe 
 practices and a confoimity with all the requirements of law; and if such association, 
 corporation or societj' shall refuse or neglect to comply with such order within the 
 time specified therein; or if it shall appear to the commissioner that any such 
 association, corporation or society is in an unsafe condition, or is conducting its 
 business in an unsafe manner, such as to render its further proceeding hazardous 
 to the public, or to those having funds in its custody; or if he shall find that its 
 assets are impaired to such an extent that, after providing for all liabilities other 
 than to shareholders, members and investors, they do not exceed in volume the dues 
 or principal payments paid in by the shareholders, members and investors and 
 credited to or on account of all classes of stock, shares, or certificates of investment, 
 issued and outstanding, he shall, in order to prevent waste and diversion of assets, 
 assume and take charge of the affairs and business of such association, corporation 
 or society and possession and control of all its property and assets, and retain such 
 possession pending action by the proper court. Upon taking such action, he may, 
 under his hand and official seal, appoint a custodian, require from him a good and 
 sufficient bond, and place him in charge as his representative. He shall immediately 
 notify the attorney general of his action and of all the necessary facts in connection 
 therewith; and thereupon it shall become the duty of the attorney general to at once 
 apply to the superior court of the county in which such association, corporation or 
 society has its principal place of business, for an order citing such association, 
 corporation or society to show cause, if any it may have, within not exceeding ten 
 days, why the action of the commissioner should not be approved and confii-med by 
 the court, and made permanent. Such court may in such application, and after a 
 full hearing, approve or disapprove of the action of the commissioner. If the court 
 shall approve and confirm the action of the commissioner, such approval and con- 
 firmation shall operate as a permanent injunction against the further prosecution of 
 business by such association, corporation or society, and the commissioner shall 
 proceed immediately to liquidate the business and affairs thereof, and so continue 
 until such liquidation has been completed. If the action of the commissioner shall 
 be disapproved by the court, the commissioner shall cause all reasonable expenses 
 incurred by him during his occupany or possession, including not exceeding eight 
 dollars per diem, for each business day, as the compensation of the custodian, to be 
 paid from the funds of such association, corporation or society, and immediately
 
 AetSeS, §9 GENERAL LAWS. 284 
 
 restore the balance of the property and assets thereof to the possession of the proper 
 officers. 
 
 The approval and confirmation of the action of the commissioner, by the court, 
 shall operate to empower the commissioner to collect all moneys, debts and claims 
 due to or belonging to such association, corporation or society and to give full receipt 
 therefor; to release or reconvey all real or personal property pledged as security 
 for loans; to approve and pay all just and equitable claims; to prosecute all actions 
 necessary to enforce liquidations; and, on the order of the court, to compound bad 
 or doubtful debts and to sell and convey real and personal property. 
 
 As soon as practicable after the approval and confirmation of the action of the 
 commissioner, by the court, he shall cause an inventory of all the assets of such 
 association, corporation or society to be made in duplicate, the original to be filed 
 with the proper court and the duplicate in the oflSce of the commissioner. He shall 
 cause due notice to be given by publication, weekly for four successive weeks, in 
 some newspaper published at or near the principal place of business of such asso- 
 ciation, corporation or society, requesting all persons having claims against it as 
 creditors, shareholders, members or investors, to present same and make legal proof 
 thereof, at a place and within a time to be designated in such publication; and he 
 shall cause a copy of such notice to be mailed to all persons whose names appear of 
 record upon its books as creditors, shareholders, members or investors; and upon 
 the expiration of the time fixed for the presentation of claims the commissioner shall 
 prepare or cause to be prepared, in duplicate, a full and complete schedule of all 
 claims presented, specifying by classes those that have been approved and those that 
 have been disapproved, and file the original with the proper court and the duplicate 
 in the office of the commissioner. Due notice shall be mailed to all claimants whose 
 claims may have been rejected. Action to enforce the payment of any rejected claim 
 must be brought and service had within thirty days from and after the date of filing 
 of the schedule of claims with the proper court, otherwise all such actions shall be 
 forever barred. The commissioner may, under his hand and official seal, appoint 
 one or more special deputies to assist in the duties of liquidation and distribution 
 under his direction, and may also employ such counsel and clerical assistance as 
 may be needful and requisite, and fix the salaries and compensation to be allowed 
 and paid to each. All such salaries, together with such other reasonable and neces- 
 sary expenses as may be incurred in the liquidation, shall be paid by him from the 
 funds of such associations, corporation or society in his hands, and from the net 
 realization of assets, in excess of such salaries and expenses, the commissioner shal) 
 first pay all approved claims other than to stockholders, shareholders and members; 
 and thereafter he shall distribute and pay dividends, in liquidation to the stock- 
 holders, other than guarantee, and to the shareholders and members, as fast as funds 
 to the amount of ten (10) per cent of such approved claims are available therefor, 
 and so continue until all the assets have been realized upon and a final dividend in 
 liquidation shall be declared and paid. Upon the payment of a final dividend in 
 liquidation, the commissioner shall prepare and file with the proper court a full 
 and final statement of the liquidation, including a summary of the receipts and dis- 
 bursements, and a duplicate thereof shall be filed in the oflSce of the commissioner, 
 and after due hearing and approval by the court the liquidation shall be deemed to 
 be closed. The approval and confirmation of the action of the commissioner, in the 
 manner herein provided, shall operate to dissolve or stay any or all actions or attach- 
 ments initiated or levied within thirty days next preceding the date of notification 
 of the attorney general by the commissioner ; and, .pending the process of liquidation, 
 as herein provided, no attachment or execution shall be levied nor lien created upon 
 any of the property of such association, corporation, or society.
 
 2S5 BUILDI.XG AXD LOAN ASSOCIATIONS. Act 56S, §§ 9a, Ik 
 
 In every case where any such association, corjioration or society' shall have a paid 
 in guarantee capital, and the realisation of assets shall be insufficient to meet the 
 liabilities due to all other classes of stockholders, shareholders, members and investors, 
 the commission shall enforce, by action or otherwise, the liability of each and every 
 of the holders of the guarantee capital stock for his or their respective pro rata of 
 any such deficiency. Whenever, in all cases where there shall be a paid in guarantee 
 capital, the commissioner shall have fully liquidated all approved claims, and shall 
 have made due provision for any and all known but unclaimed liabilities guarantee 
 capital excepted, and shall have paid all expenses of liquidation, any surplus that 
 may then remain in his hands, together with all the records and effects, shall be 
 delivered over to the holders of the guarantee capital stock at a meeting thereof to 
 be called by the commissioner for that purpose. [Amendment approved December 18, 
 1911. Stats. 1911, p. 6, extra session.] 
 
 Non-compliance with orders of commission. Penalty. Sheriff must enforce demands. 
 
 § 9a. Whenever it shall become necessary for the commissioner to take action 
 against any association because of unsafe practices and of conditions unsafe and 
 hazardous to the public and to those having funds in its custody, as provided in sec- 
 tion nine, the refusal of any officer or director to comply with his written demand for 
 possession of the property and assets shall constitute a misdemeanor punishable by a 
 fine of not more than five hundred dollars or by imprisonment in the county jail for 
 not more than ninety days, or by both such fine and imprisonment; and if such demand 
 be not complied with within twenty-four hours after service the commissioner may call 
 to his assistance the sheriff of the county in which the principal place of business of 
 such association is located, by written demand under his hand and official seal, where- 
 upon it shall become the duty of such official to enforce the demands of the commis- 
 sioner. [New section added April 28, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 238.] 
 
 Schediile of property. 
 
 $ 10. Upon the approval of the action of the commissioner, in the manner and for 
 the cause set forth in section 9, the commissioner shall require the president and 
 secretary of such association, corporation or society to, and such officers shall, make 
 a schedule of all its property and make oath that such schedule sets forth all the 
 property which such association, corporation or society owns or to which it is 
 entitled, and deliver such schedule, and the possession of any and all such property 
 as may not have been so previously delivered, to the commissioner, who may at any 
 time examine under oath such president and secretary, or other officers, to determine 
 whether or not all the property which such association, corporation or society owns, 
 or to which it is entitled, has been transferred and delivered into his possession. 
 [Amendment approved December 18, 1911. Stats. 1911, p. 6, extra session.] 
 
 Report of receivers. Examination by commissioner. 
 
 $ 11. Receivers, heretofore or hereafter appointed, must, at least annually, make 
 due report of all their doings and accounts to the proper court, and immediately 
 thereafter file a copy thereof with the commissioner; and the commissioner shall, 
 at least once in each year, and as much oftener as he may deem expedient, examine 
 the accounts and doings of such receivers, and, for such purpose, shall have full 
 and free access to all books, accounts and vouchers relating to such liquidation 
 and any defect, irregularity or misconduct on the part of such receivers as he may 
 find to exist shall be, b}' the commissioner, reported to the proper court. [Amendment 
 approved December 18, 1911. Stats. 1911, p. 6, extra session.]
 
 Aft r>C8. gg 12-15 GENF.RAL. LAWS. 286 
 
 Examination upon request of ten shareholders. 
 
 ^ 12. Upon the certificate, under oath, of any ten or more officers, trustees, cred- 
 itors, shareholders or depositors of any such association, corporation or society, 
 setting forth their interest and the reason for the making of such examination, 
 directed to the commissioner, and requesting him so to do, he shall forthwith make 
 a full investigation of its affairs, in the manner provided. 
 
 i'ailure of commissioner to act. 
 
 ^ 13. If the commissioner, having knowledge of the insolvent condition, or of any 
 violation of law or unsafe practice of any such association, corporation or society 
 vinder his supervision, such as renders, in his opinion, the conduct of its business 
 hazardous to its shareholders, creditors or depositors, shall fail to take the proper 
 action required by this act, or shall refuse or neglect to perform the official duties 
 pertaining to his ofBee, then upon conviction thereof the office of such commissioner 
 Rhall be declared vacant by the governor, and a successor be appointed to fill the 
 unexpired term. 
 
 Associations to pay pro rata assessment. Date of assessment. Minimum assessment. 
 
 ^ 14. To meet the salaries and expenses provided for by this act, the commissioner 
 shall require every association, corporation or society licensed by him or coming 
 under his supervision to pay in advance, to him, and prior to the issuance of any 
 license, its pro rata amount of all such salaries and expenses, and it is hereby made 
 the duty of every such association, corporation or society to pay the same; such pro 
 rata shall be fixed and determined by the proportion which its assets bear to the 
 aggregate assets of all such associations, corporations, or societies, receiving licenses, 
 as shown by the last reports of such corporations, associations, or societies to the 
 commissioner. On or before the thirtieth day of December, in each year, the commis- 
 sioner shall notify each of such associations, corporations or societies, through the 
 United States mail, of the amount assessed and levied against it and that the same 
 must be paid within twenty days thereafter; and should payment not be made to him 
 within said twenty days, he shall then assess and collect a penalty, in addition thereto, 
 of ten per cent per day for each day that such payment may be delayed or withheld ; 
 provided, however, that in the levy and collection of such assessment, no such associa- 
 tion, corporation or society shall be assessed for, nor be permitted to pay less than 
 ten dollars per annum, and any such association hereafter formed in this state, shall 
 be required to pay not less than one dollar per month for the unexpired term ending 
 December thirty-first, succeeding application; and in like manner any such association 
 organized outside this state shall be required to pay not less than three dollars per 
 month, for such unexpired term, for its first license. 
 
 License of associations. Commissioner may revoke license. 
 
 ^ 15. It shall be the duty of the commissioner to require every such association, 
 corporation or society coming under his supervision, to procure from him, prior to 
 the transaction of any business, a certificate of authority or license to transact business 
 in this state; and it is hereby made the duty of every association, corporation or 
 society to comply with such requirement. To procure such license, there must be 
 filed with and approved by the commissioner, a certified copy of its articles of incor- 
 poration, constitution and by-laws and all subsequent amendments thereto, accom- 
 panied by the license fee herein provided for; and after the expiration of the term 
 for -which a license may have been granted to it, no such association, corporation or 
 society shall be permitted to continue to transact business without first procuring a 
 renewal of such license on the terms provided in this act, and any such association, 
 corporation or society violating the provisions hereof shall be subject to a penalty 
 
 J
 
 287 BUILDING AND LOAN ASSOCIATIONS. Act 568, §§ 15a-17 
 
 of ten per cent per day of the amount of the license fee required to be paid under 
 section 14 of this act, in addition thereto, for each day during the continuance of 
 such offense. The commissioner is authorized and empowered to revoke the license 
 of any such association, corporation or society under his supervision, the solvency 
 whereof may have become imperiled by losses or irregularities; and immediately upon 
 the revoking of any such license he shall report the facts to the attorney general, 
 who shall thereupon take such proceedings as are provided in section 9 of this act. 
 
 License to act as agent for sale of stock, etc. 
 
 5 15a. No person receiving compensation therefor, other than an officer, director or 
 salaried employee, no part of whose compensation consists of commissions, or other 
 than a local resident agent who has resided in the county in which he holds such 
 local agency for a period of not less than one year prior to the time that he took such 
 agency, of a building and loan association or other similar corporation or society which 
 is duly licensed by the commissioner, shall act as solicitor or agent for the sale of the 
 shares of stock, shares of membership, certificates or other securities or forms of 
 investment issued by, or for the securing of loans from, any such association, cor- 
 poration or society until he has first procured from the commissioner a license therefor. 
 To obtain such license there must be filed with the commissioner a duplicate of the 
 authorization or appointment issued to him by, together with a request from, a licensed 
 association, corporation or society that a license be issued to him to act as an agent oi 
 solicitor for it, and accompanied by a fee of one dollar. All such licenses shall expire 
 by limitation on the thirtieth day of June succeeding their issue, but may be renewed 
 from time to time, for an additional period of one year upon a request therefor from 
 the association, corporation or society originally applying, and payment of a renewal 
 fee of one dollar. Any such license may be revoked at any time on the application of 
 the association, corporation or society for whom it was issued, or may be revoked by the 
 commissioner for cause. 
 
 List of persons holding licenses. 
 
 The commissioner shall keep an alphabetical list of the names of persons to whom 
 such licenses are issued with the date of issue and renewal, and the name of the asso- 
 ciation, corporation or society for whom such licensee is authorized to act. All such 
 licenses shall be issued under rules and regulations to be prescribed by the com- 
 missioner. [New section added May 24, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 919.] 
 
 Annual report of associations. Failure to make report. 
 
 ^ 16. The commissioner shall require every association, corporation or society 
 licensed by him, and including associations in liquidation, within thirty days after the 
 close of its annual fiscal term to make a report to him in writing, verified by the oath of 
 its president and secretary, showing accurately its financial condition at the close of 
 such term; such report shall also include all the receipts and disbursements and 
 income and exjienses for the term, together with such statistical and other infor- 
 mation as may be deemed essential; all and every of such reports shall be in such 
 form as the commissioner may prescribe, and upon blanks to be by him furnished 
 therefor. Every such association, corporation or society is hereby required to make 
 and file all such reports within the time specified herein, and for failure or neglect 
 so to do shall be subject to a penalty of ten dollars per day for each and every day 
 the same shall be delayed or withheld. 
 
 Suit to collect assessments. Building and loan inspection fund. 
 
 § 17. The collection of all moneys assessed, as herein provided, for the payment of 
 salaries and annual expenses, or forfeitable as fines for failure to make paymenta of
 
 Act 568, §18 GENERAL LAWS. 288 
 
 assessments, procure licenses, or make and file reports as herein specified, and due 
 from any such association, corporation or society coming within the provisions of this 
 act, or imposed as a penalty for violation of any order or summons, may be enforced 
 by the commissioner by action instituted in any court of competent jurisdiction; 
 and all moneys collected or received by the commissioner under this act, shall be 
 deposited with the state treasurer, to be credited to a fund to be known and desig- 
 nated as the "building and loan inspection fund"; which said fund shall only be used 
 in defraying the salaries and expenses provided for bj' this act; provided, however, 
 that the commissioner may retain in his possession and under his control a sum not 
 exceeding three hundred dollars to be used for the benefit of his ofiice, as a revolving 
 fund, for making advance payment of office rent and office expenses prior to the pre- 
 sentation and allowance of the periodical claims therefor. [Amendment of May 11, 
 1917. In effect July 27, 1917. Stats. 1917, p. 426.] 
 
 Earlier acts repealed. 
 
 $ 18. An act approved March 21, 1905, entitled "An act creating a bureau of build- 
 ing and loan supervision; providing for the appointment of administration officials 
 therefor to be known as the building and loan commissioners; prescribing their duties, 
 powers and compensation; providing for a secretary, his powers and compensation; 
 providing for the rental of offices for the use of the bureau and for traveling and office 
 expenses; providing a system for licensing building and loan and other associations, 
 and for assessing and collecting the license fees necessary to meet the salaries and other 
 expenses; providing a course of procedure where violations of law, or unsafe practices 
 are found to exist, or are reported by the commissioners to the attorney general; 
 providing for involuntary liquidation by trustees, and proceedings in connection there- 
 with; providing for exemption of property of associations in liquidation from attach- 
 ments, executions and liens, pending liquidation; providing for and requiring associa- 
 tions to procure licenses, pay assessments levied for pro rata of salaries and expenses, 
 and to make and file reports; providing penalties for violations of law and orders of 
 the commissioners; providing for succession in office, and repealing all acts and parts 
 of acts in conflict herewith." Also an act approved March 23, 1907, entitled "An act to 
 amend section sixteen (16) of an act entitled 'An act creating a bureau of building and 
 loan supervision; providing for the appointment of administration officials therefor 
 to be known as the building and loan commissioners; prescribing their duties, powers 
 and compensation; providing for a secretary, his powers and compensation; providing 
 for the rental of offices for the use of the bureau and for traveling and office expenses; 
 providing a system for licensing building and loan and other associations, and for 
 assessing and collecting license fees necessary to meet the salaries and other expenses; 
 providing a course of procedure where violations of law, or unsafe practices are 
 found to exist or are reported by the commissioners to the attorney general; providing 
 for involuntary liquidation by trustees, and proceedings in connection therewith; 
 providing for exemption of property of associations in liquidation from attachments, 
 executions, and liens pending liquidation; providing for and requiring associations to 
 procure licenses, pay assessments levied for pro rata of salaries and expenses, and to 
 make and file reports; providing penalties for violations of law and orders of the 
 commissioners; providing for succession in office, and repealing all acts and parts of 
 acts in conflict herewith,' approved March 21, 1905, relating to and providing for 
 reports to building and loan commissioners and the publication thereof." Also an act 
 approved March 20, 1909, entitled "An act to amend sections 3 and 11 of an act entitled 
 'An act creating a bureau of building and loan supervision; providing for the appoint- 
 ment of administration officials therefor to be known as the building and loan commis- 
 sioners; prescribing their duties, powers and compensation; providing for a secretary, 
 his powers and compensation; providing for the rental of offices for the use of the
 
 ::S» BUILDING AND LOAN ASSOCIATIONS. Act 568, §§ 19-21 
 
 bureau and for traveling and office expenses; providing a system for licensing building 
 and loan and other associations, and for assessing and collecting license fees necessary 
 to meet the salaries and other expenses, providing a course of procedure where viola- 
 tions of law, or unsafe practices are found to exist or are reported by the commissioners 
 to the attorney general; providing for involuntary liquidation by trustees, and pro- 
 ceedings in connection therewith; providing for exemption of property of associations 
 in liquidation from attachments, executions and liens pending liquidation; providing for 
 and requiring associations to procure licenses, pay assessments levied for pro rata of 
 salaries and expenses, and to make and file reports; providing penalties for violations 
 of law and orders of the commissioners; providing for succession in office, and repeal- 
 ing all acts and parts of acts in conflict herewith,' approved March 21, 1905, relating 
 to the powers and duties and salaries of the state building and loan commissioners, ' ' 
 and all acts or parts of acts inconsistent with the provisions of this act are hereby 
 repealed. 
 
 Commissioner successor of commissioners. 
 
 $ 19. The building and loan commissioner provided for by this act shall be the 
 successor in interest of, and shall succeed to all the rights, powers and privileges 
 possessed by, the building and loan commissioners under and by virtue of that certain 
 act entitled An act approved March 21, 1905, as amended March 23, 1907, and as 
 amended March 20, 1909, entitled "An act creating a bureau of building and loan 
 supervision; providing for the appointment of administration officials therefor to be 
 known as the building and loan commissioners; prescribing their duties, powers and 
 compensation; providing for a secretary, his powers and compensation; providing for 
 the rental of offices for the use of the bureau and for traveling and office expenses; 
 providing a system for licensing building and loan and other associations, and for 
 assessing and collecting the license fees necessary to meet the salaries and other 
 expenses; providing a course of procedure where violations of law or unsafe practices 
 are found to exist, or are reported by the commissioners to the attorney general; 
 providing for involuntary liquidation by trustees, and proceedings in connection there- 
 with; providing for exemption of property of associations in liquidation from attach- 
 ments; executions and liens, pending liquidation; providing for and requiring associa- 
 tions to procure licenses, pay assessments levied for pro rata of salaries and expenses, 
 and to make and file reports; providing penalties for violations of law and orders of 
 the commissioners; providing for succession in office and repealing all acts and parts 
 of acts in conflict herewith"; and any and all actions or proceedings taken or com- 
 menced by the said building and loan commissioners, under the act aforesaid, shall 
 continue in full force and effect and the said actions and proceedings shall not abate, 
 and the said building and loan commissioner provided for by this act shall be substi- 
 tuted for and continue in the place and stead of the said building and loan commis- 
 sioners under the act aforesaid, and likewise all books, documents, records and prop- 
 erty of every kind and description obtained or possessed by the building and loan 
 commissioners or their secretary or clerks, examiners or employees under the provi- 
 sions of the said act of March 21, 1905, shall immediately be turned over and delivered 
 to the said building and loan commissicner herein provided for. 
 
 Title of act. 
 
 § 20. This act shall be known as the building and loan commission act. 
 § 21. This act shall take effect immediately. 
 
 1. Compensation o£ custodian. — Under appeal is pending to test the propriety jf 
 
 section 9 of the building and loan commis- the order under which he Is acting. — Bran- 
 
 sion act the custodian appointed by the don v. Anglo-California Trust Co., 177 Cal. 
 
 commissioner has no right of action to 699, 701, 171 Pac. 956. 
 
 recover his compensation so long as an 3. ConstitutionaUty. — Section 19 of the 
 
 Gen. Laws — 19
 
 Act 570, S 1 
 
 GENERAL LAWS. 
 
 290 
 
 tuilding and loan commission act held un- 
 constitutional on the ground that its pro- 
 visions are not embraced in the title. — 
 Provident, etc., Ass'n v. Davis, 143 Cal. 253, 
 76 Pac. 1034. 
 
 3. Attachment. — The property of a build- 
 ing- and loan association remains subject to 
 attachment or execution until the com- 
 mencement of the action by the attorney 
 general, without regard to the date of the 
 report to the attorney general by the com- 
 missioners as to the unsafe conditions cov- 
 ered by the act. — Bories v. Union B. & L. 
 Association, 141 Cal. 74, 74 Pac. 552. 
 
 4. Attachment, lien of. — The lien of an 
 attachment attaching prior to the bringing 
 of the suit by the attorney general against 
 the association under the act is not affected 
 by possession of the receiver appointed in 
 such suit. — Bories v. Union B. & L. Ass'n, 
 141 Cal. 74, 74 Pac. 552. 
 
 5. Bankruptcy under federal act. — A 
 state building and loan association, not 
 claiming to be either bankrupt or insolvent, 
 can not have a writ of prohibition to re- 
 strain proceedings against it under the 
 building and loan commission act on the 
 ground of the exclusive jurisdiction of the 
 federal courts under the federal act. — Con- 
 tinental, etc., Association v. Superior Court, 
 163 Cal. 579, 586, 126 Pac. 476. 
 
 6. Bankruptcy — Jurisdiction of federal 
 court. — Under section 9, if investigation of 
 the affairs of a building and loan associa- 
 tion discloses the fact that the corporation 
 is bankrupt or insolvent the proceedings 
 are suspended by force of the federal act, 
 and under subdivision 4, section 3, further 
 proceedings are taken under the latter act. 
 — Continental, etc.. Association v. Superior 
 Court. 163 Cal. 579, 584, 126 Pac. 476. 
 
 7. JuriKdlction of state court. — The act 
 
 known as "the building and loan commission 
 act," while in certain features a bankruptcy 
 act, contains provisions entirely foreign to 
 the national bankruptcy act or to the legal 
 concept of bankruptcy, and the power of 
 the state court to proceed in conformity 
 with the state law, where the corporation 
 is neither bankrupt nor insolvent under the 
 federal act, is not to be questioned. — Conti- 
 nental, etc., Association v. Superior Court, 
 163 Cal. 579, 586, 126 Pac. 476. 
 
 8. Same— Similarity to proceedlngrs in 
 bankruptcy. — If a state takes charge of the 
 affairs of a corporation, for good reasons 
 of its own, for acts, not within the con- 
 templation of the bankruptcy law, it is 
 futile to argue that because the procedure 
 it adopts for the payment of creditors is 
 similar to or identical with the procedure 
 adopted in case of bankruptcy, therefore 
 the proceedings are in bankruptcy. — Conti- 
 nental, etc., Association v. Superior Court. 
 163 Cal. 579, 583, 126 Pac. 476. 
 
 9. Power of state. — The state may pre- 
 vent a person or corporation from conduct- 
 ing business, and in so preventing it take 
 control of its affairs, terminate its business 
 and pay its creditors for acts entirely for- 
 eign to and obsolutely without the contem- 
 plation of bankruptcy. — Continental, etc.. 
 Association v. Superior Court, 163 Cal. 579, 
 583, 126 Pac. 476. 
 
 10. Receiver. — The act does not impera- 
 tively require the appointment of a receiver, 
 regardless of the general principles of 
 equity, but only permits it, in the discre- 
 tion of the court. — People v. Union B. & L.. 
 Ass'n, 127 Cal. 400, 58 Pac. 822, 69 Pac. 692. 
 
 CHAPTER 45. 
 
 BUILDINGS. 
 
 References: See tits. "Architecture"; "Dwelling Houses" 
 "Public Buildings"; "Tenement Houses." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 570. Building Zone Act. 
 571. Building Line Act. 
 
 "Hotels"; "Lodging Houses' 
 
 I 
 
 BUILDING ZONE ACT. 
 
 ACT 570 — An act to provide for the establishment within mnnicipalities of districts or 
 
 zones within which the use of property, height of improvements and required open 
 
 spaces for light and ventilation of such buildings, may be regulated by ordinance. 
 
 History: Approved May 31, 1917. In effect July 30, 1917. Stats. 1917, 
 p. 1419. 
 
 Cities may create districts within which buildings and trades regulated. 
 
 § 1. For the public interest, health, comfort, convenience, preservation of the public 
 peace, safety, morals, order and the public welfare, the city council, board of trustees 
 or other legislative body of any incorporated citj' and town of California, hereinafter 
 referred to as the council, may by ordinance create or divide the city into districts 
 within some of which it shall be lawful and within others of which it shall be unlawful
 
 201 BUILDINGS. Act 570, §§ 2-5 
 
 to erect, construct, alter or maintain certain buildings, or to carry on certain trades or 
 callings or within which the height and bulk of future buildings shall be limited. 
 
 Kestriction on location of industries, etc. 
 
 $ 2. The council may by ordinance regulate, restrict and segregate the location of 
 industries, the several classes of business, trades or callings, the location of apartment 
 or tenement houses, club houses, group residences, two-family dwellings, single family 
 dwellings and the several classes of public and semipublic buildings, and the location of 
 buildings or property designed for specified uses, and may divide the city into districts 
 of such number, shape and area as the council may deem best suited to carry out the 
 purposes of this act, subject to the provisions of section four hereof. For each such 
 district regulations may be imposed designating the class of use that shall be excluded 
 or subjected to special regulations and designating the uses for which buildings may not 
 be erected or altered, or designating the class of use which only shall be permitted. 
 Such regulations shall be designed to promote the public health, safety and general 
 Avelfare. The council shall give reasonable consideration, among other things, to the 
 character of the district, its peculiar suitability for particular uses, the conservation 
 of property values and the direction of building development in accord with a well 
 considered plan. 
 
 Regulations of height of buildings. Area of courts, etc. Uniform throughout district. 
 § 3. The council may place reasonable regulations and limitations upon the height 
 and bulk of buildings hereafter ei'ected and regulate and detennine the area of yards, 
 courts and other open spaces, having due regard to the nature of the use and occupancj'^ 
 in such case. The council may divide the city into districts of such number, shape 
 and area as the council may deem best suited to carry out the purpose of this act, 
 subject to the provisions of section four hereof. The regulations as to the height and 
 bulk of buildings and the area of yards, courts and other open spaces shall be uniform 
 for each class of building throughout each district. The regulations in one or more 
 districts may differ from those in other districts. Such regulations shall be designed 
 to secure safety from fire and other dangers and to promote the public health and 
 welfare, and to secure provision for adequate light, air and reasonable access. The 
 council shall pay reasonable regard to the character of buildings now erected in each 
 district, the value of the land, and the use to which it ma}- be put to the end that such 
 regulations may promote public health, safety and welfare. 
 
 Cities with planning commission. Hearing. 
 
 $ 4. In municipalities having a city planning commission the council shall require 
 such commission to recommend the boundaries of such districts and appropriate regu- 
 lations and restrictions to be enforced therein. Such commission shall make a tentative 
 report and hold public hearings thereon at such times and places as said council shall 
 require before submitting its final report. Said council shall not hereafter determine 
 the boundaries of any district or impose any regulations until after the final report of 
 the city planning commission is filed with the city clerk. Upon receiving such final 
 report said council shall afford persons particularly interested, and the general public, 
 an opportunity to be heard, at a time and place to be specified in a notice of hearing 
 to be published in a newspaper to be designated for that purpose. Said newspaper 
 to be a local newspaper, if there be one, otherwise a newspaper of general circulation 
 within the municipality, and to be published not less than three times in any daily, or 
 not less than once in any other newspaper of general circulation within the munic- 
 ipality, and within the week within which said meeting is to be held. 
 
 Cities without planning commission. 
 
 ^ 5. In municipalities where there is no city planning commission the council may 
 proceed in the manner prescribed in section four hereof and shall make the tentative
 
 A.ct» 571, 575, § 1 GENERAL LAWS. 292 
 
 report, arrange for and hold such public hearings, make such final report and afford 
 all persons particularly interested and the general public, and opportunity to be heard 
 at the time and place and in the manner prescribed in section four hereof. 
 
 Penalties. 
 
 § 6. The coTincil may establish penalties for violations of such an ordinance once 
 established and in effect. 
 
 BUILDING LINES. 
 
 ACT 571 — An act authorizing and empowering municipalities to provide a procedure for 
 
 the fixing and establishing of setback lines on private property bordering on the 
 
 whole or part of any street, avenue or highway, to prohibit the erection of buildings, 
 
 fences or other structures between such setback lines and the lines of any such street, 
 
 avenue or highway, and to condemn any and all property necessary or convenient for 
 
 that purpose. 
 
 History: Approved May 31, 1917. In effect July 30, 1917. Stats. 1917, 
 p. 1421. 
 
 City council may establish setback lines. 
 
 $ 1. Whenever public interest or convenience may require, the city council of any 
 municipality shall have full power and authority to provide a procedure for the fixing 
 and establishing of setback lines on private property bordering on the whole or part 
 of any street, avenue or other highway, to prohibit the erection of buildings, fences or 
 other structures between such setback lines and the lines of any such street, avenue 
 or other highway, and to condemn any and all property necessary or convenient for 
 that purpose. 
 
 Procedure. 
 
 ^ 2. The ordinance prescribing such procedure shall provide, among other things, 
 for the passage of a resolution of intention describing the land deemed necessary to be 
 taken or damaged therefor, also the exterior boundaries of the district of lands to be 
 benefited by said work or improvement and to be assessed to pay the damages, costs 
 and expenses thereof, and shall require that a written protest signed by the owners 
 of a majority of the frontage upon the streets and parts of streets within the district 
 to be assessed, and filed with such city council, shall be a bar to such proceeding for a 
 period of six months from the date of the filing of such protest. The procedure shall 
 provide for due notice and hearing to property owners liable to be assessed, also a 
 method for the assessment and collection of benefits and the payment of damages, 
 together with such other matters as may be necessary or convenient to promote the 
 objects hereof. 
 
 CHAPTER 35. 
 
 BUOYS AND BEACONS. 
 
 CONTENTS OF CHAPTER. 
 ACT 575. Protection of Buoys and Beacons. 
 
 PROTECTION OF BUOYS AND BEACONS. 
 
 ACT 575 — An act for the protection of buoys and beacons. 
 
 History: Approved March 26, 1874, Stats. 1873-74, p. 619. 
 
 Damages to buoys and beacons. 
 
 § 1. Any person or persons who shall moor any vessel or boat of any kind, or any 
 raft OT scow, to any buoy or beacon placed in the waters of California by authority 
 of the United States lighthouse board, or shall in any manner hang on to the same.
 
 293 BURLINGAMB. Act 578, g 1 
 
 with any vessel, boat, raft, or scow, or shall willfully remove, damage, or destroy any 
 such buoy or beacon, or any part of the same, or shall cut down, remove, damage, 
 or destroy any beacon or beacons erected on land in this state by the authority afore- 
 said, shall, for every such offense, be deemed guilty of a misdemeanor, and upon 
 conviction thereof before any court of competent jurisdiction, be punished by a fine 
 not exceeding five hundred dollars, or by imprisonment not exceeding six months; one- 
 third of the fine in such case to be paid to the informer, and two-thirds thereof to 
 the lighthouse board, to be used in repairing said buoys and beacons. 
 
 Cost of repairs, and lien for. 
 
 $ 2. The cost of repairing or replacing any such buoy or beacon which may have 
 been misplaced, damaged, or destroyed by any vessel, boat, raft, or scow being made 
 fast to the same, shall, when said cost shall have been legally ascertained, be a lien 
 upon such vessel, boat, raft, or scow, and recovered against the same, and the owner 
 or owners thereof, in an action of debt, in any court of competent jurisdiction in this 
 state. 
 
 Act takes effect when. 
 
 $ 3. This act shall take effect from and after its passage. 
 
 Codified In part. — This, and a prior act Penal Code. — See Kerr's Cyc. Penal Code, 
 
 on same subject (Stats. 1861, p. 224), were §§ 609, 614. 
 apparently codified, at least In part, by the 
 
 BURBANK. 
 See Act 3094, note. 
 
 CHAPTER 36. 
 
 BURLINGAME. 
 References: Incorporation, see post Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 578, Grant of Tide Lands to City. 
 
 ACT 578 — An act granting to the city of Burlingame the salt marsh, tide and sub- 
 merged lands of the state of California, including the right to wharf out therefrom, 
 and regulating the management, use and control thereof. 
 
 History: Approved May 27, 1915. In effect August 8, 1915. Stats. 
 1915, p. 904. 
 
 Tide lands granted to Burlingame. Conditions of grant. Franchises for wharves, etc. 
 
 Persons in possession to have first right. 
 
 $ 1. There is hereby gi-anted to the city of Burlingame, a municipal corporation of 
 the state of California, and to its successors, all the right, title and interest of the 
 state of California, held by said state by virtue of its sovereignty, in and to all the salt 
 marsh, tide and submerged lands, whether filled or unfilled, within the present bound- 
 aries of said city, and situated below the line of mean high tide of the Pacific ocean, 
 or of any harbor, estuary, bay or inlet within said boundaries, to be forever held by 
 said city, and by its successors, in trust for the uses and purposes, and upon the express 
 conditions following, to wit: That said lands shall be used by said city and its suc- 
 cessors, solely for the establishment, improvement and conduct of a harbor, and for the 
 construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, 
 and other utilities, stiiictures and appliances necessary or convenient for the pro- 
 motion and accommodation of commerce and navigation, and paid city, or its succes- 
 sors, shall not, at any time, grant, convey, give or alien said lands, or any part thereof,
 
 Act57S, §2 GENERAL, LAWS. 294 
 
 to any individual, firm or corporation for any purpose whatever; provided, that said 
 city, or its successors, may grant franchises thereon, for limited periods, for wharves 
 and other public uses and purposes, and may lease said lands, or any part thereof, for 
 limited periods, for purposes consistent with the trusts upon which said lands are 
 held by the state of California and with the requirements of commerce or navigation 
 at said harbor, for a term not exceeding twenty-five years, and on such other terms and 
 conditions as said city may determine, including a right to renew such lease or leases 
 for a further term not exceeding twenty-five years or to terminate the same on such 
 terms, reservations and conditions as may be stipulated in such lease or leases, and 
 said lease or leases may be for any and all purposes which shall not interfere with 
 navigation or commerce, with reversion to the said city on the termination of such lease 
 or leases of any and all improvements thereon, and on such other terms and conditions 
 as the said city may determine, but for no purpose which will interfere with navigation 
 or commerce; subject also to a reservation in all such leases or such wharfing out 
 privileges of a street, or of such other reservation as the said city may determine for 
 sewer outlets, and for gas and oil jnains, and for hydrants, and for electric cables and 
 wires, and for such other conduits for municipal purposes, and for such public and 
 municipal purposes and uses as maj' be deemed necessary by the said city; provided, 
 however, that each person, firm or corporation or their heirs, successors or assigns now 
 in possession of land or lands abutting on said lands, within the boundaries of the city 
 of Burlingame, shall have a right to obtain a lease for a term of twenty-five years from 
 said city of said land and wharfing out privileges therefrom with a right of renewal 
 for a further term of twenty-five years pursuant to the provisions of this act and or 
 such terms and conditions as said city may determine and specify, subject to the right 
 of said city to terminate said lease at the end of the first twenty-five years or refuse 
 to renew the same, or to terminate the lease so renewed during the term of such renewed 
 lease on such just and reasonable terms for compensation for improvements at the then 
 value of said improvements as said city may determine and specify. Upon obtaining 
 such lease and wharfing out privileges such person, firm or corporation, their heirs or 
 assigns, shall quitclaim to said city any right thej' or any of them may claim or have 
 to the said lands hereby granted. This grant shall carry the right to such city of the 
 rents, issues and profits in any manner hereafter arising from the lands or wharfing 
 out privileges heieby granted. 
 
 Right to use wharves, etc., reserved to state. No discrimination in rates. Right to fish 
 
 reserved. 
 
 The state of California shall have, at all times, the right to use, without chaise, all 
 wharves, docks, piers, slips, quays and other improvements constructed on said lands 
 or any part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California. No discrimination in rates, tolls or charges or in facilities 
 for any use or service in connection therewith shall ever be made, authorized or per- 
 mitted by said city or its successors in the management, conduct or operation of any of 
 the utilities, structures or appliances mentioned in this section. There is hereby 
 reserved in the people of the state of California the right to fish in the waters on which 
 said lands may front with the right of convenient access to said waters over said lands 
 for said purpose. 
 
 Must issue $100,000 bonds within five years. Lands may revert to state. 
 
 § 2. The foregoing conveyance is made upon the condition that the city of Bur- 
 lingame shall, within five years from the time this act shall go into effect, exclusive of 
 such time, as said city may be restrained from so doing by injunction, issued out of 
 anv court of this state or of the United States, and exclusive of such further delay as 
 may be caused by unavoidable misfortune or great public or municipal calamity, issue 
 
 i
 
 295 BURNT OR DESTROYED RECORDS OR DOCLxMEATS. Act 580, §§ 1. 2 
 
 its bonds for harbor improvement purposes in an amount of money of not less than one 
 hundred thousand dollars, and shall, within five years after this act shall go into effect, 
 exclusive of the time in this section hereinbefore mentioned, commence the work of such 
 harbor improvement, and the said work and improvement shall be presecuted with such 
 diligence that not less than one hundred thousand dollars shall be expended thereon 
 within five years from the time this act shall go into effect, exclusive of the time in 
 this section hereinbefore mentioned. If said bonds be not issued or said work be not 
 prosecuted and completed as and in the manner herein provided, then, the lands by 
 this act conveyed, to the city of Burlingame, shall revert to the state of California. 
 
 CHAPTER 37. 
 
 BURNT OR DESTROYED RECORDS OR DOCUMENTS. 
 
 References: Abstract of title, admission in evidence when records are burnt or de- 
 stroyed, see Kerr's Cyc. Code Civil Procedure, § 1855a. 
 
 Articles of incorporation, burnt or destroyed, see Kerr's Cyc. Civil Code. 
 
 Corporate bonds, burnt or destroyed, see Kerr's Cyc. Civil Code, § 329. 
 
 Corporate records, stock certificates, etc., see Kerr's Cyc. Civil Code, § 365. 
 
 "McEnerny Act" and supplement, see post Acts 5192, 5193. 
 
 Nunc pro tunc filing of papers, where burnt or destroyed, see Kerr's Cyc. Code Civil 
 Procedure, § 1046a. 
 
 Plant of title abstract company, condemnation of, to replace burnt or destroyed 
 public records, see Kerr's Cyc. Code Civil Procedure, § 1238, subd. 15. 
 
 Private writings, burnt or destroyed, reissue of, see Kerr's Cyc. Civil Code, § 3415. 
 
 Proof of contents of burnt or destroyed records, see Kerr's Cyc. Code Civil Proce 
 dure, § 1855a. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 580. "Burnt Eecord Act." 
 
 581. New Trial Act. 
 
 583. Eegisters of State Boards, Reproduction Of. 
 
 584. Assessment Rolls, Restoration Of. 
 
 585. Municipal Securities, Duplication Of. 
 
 586. Public Certificates, Duplication Op. 
 
 587. Public Documents, Copying. 
 
 "BURNT RECORD ACT." 
 ACT 580 — An act relating to the restoration of court records which have heen lost, 
 injured or destroyed by conflagration or other public calamity. 
 
 History: Approved June 16, 1906, Stats. 1906 (ex. sess.), p. 73. 
 
 Court records, restoration of those lost or destroyed by conflagration. 
 
 ^3. Whenever in anj' action or special proceedings, civil or criminal, in any court 
 of this state, any judgment, decree, order, document, record, paper, process, or file, 
 or any part thereof, shall have been or shall hereafter be lost, injured or destroyed 
 by reason of conilagration or other public calamity, any party or person interested 
 therein may, on application by a duly verified petition in writing to such court, and 
 on showing to the satisfaction of such court that the same has been lost, injured or 
 destroyed by conflagration or other public calamity, without fault or neglect of the 
 party or person making such application, obtain an order from such court upon notice 
 given as provided in section ten hundred and ten to ten hundred and seventeen inclusive 
 of the Code of Civil Procedure, authorizing such defect to be supplied by a duly certi- 
 fied copy of such original, where the same can be obtained, which certified copy shall 
 thereafter have the same effect in all respects as such original would have had. 
 
 Same. 
 
 § 2. Whenever in any action or sjiecial proceeding, civil or criminal, in any court 
 of this state any judgment, decree, order, document, record, paper, process or file.
 
 Aft 5S0, 88 3, 4 GENERAL LAWS. -»6 
 
 or any part thereof, shall have been or shall hereafter be lost, injured or destroj'ed by 
 reason of conflagration or other public calamity, and such defect can not be supplied 
 as provided in the last section, any party or person interested therein may make 
 written application to the court in which the same belongs, verilied by affidavit or 
 affidavits, showing such loss, injury or destruction, and that certified copies thereof 
 can not be obtained by the party or persons making such application, and that such 
 loss, injury or destruction occuri'cd by conflagration, or other calamity, without the 
 fault or neglect of the party making such application, and that such loss,- injury or 
 destruction, unless supplied or remedied will or may result in damage to the party 
 or person making such application, and thereupon such court shall cause notice of 
 such application to be given, as provided in section ten hundred and ten to ten hun- 
 dred and seventeen inclusive of the Code of Civil Procedure. If, upon such hearing 
 the court shall be satisfied that the statements contained in such written application 
 are true, the court shall make an order reciting what was the substance and effect of 
 such lost, injured or destroyed judgment, decree, order, document, record, paper, 
 process or file, which order shall have the same effect that such original would have 
 had if the same had not been lost, injured or destroyed, so far as concerns the party 
 or persons making such application, and the persons who shall have been notified, as 
 provided for in this section. The judgment, decree, order, document, record, paper, 
 process, or file in all cases where the proceeding is in rem, including probate, guard- 
 ianship and insolvency proceedings, may be supplied in like manner upon like notice 
 to all persons who have appeared therein, and notice by publication or postings to all 
 persons who have not appeared for not less than ten days, as the court may order, 
 and the same when restored shall have the same effect upon all persons who have 
 been personally served with notice of such application as the original, and as to all 
 other persons the same shall be prima facie evidence of the contents of such original. 
 
 Appeal. 
 
 § 3. If an appeal shall have been taken in any action or special proceeding in 
 any superior court in which the record shall have been subsequently lost or destroyed 
 by conflagration or other public calamity, to a district court of appeal or to the 
 supreme court, and a transcript of such record has been filed in such district court of 
 appeal or in the supreme court, any party or person interested in the action or special 
 proceeding may obtain a certified copy of such transcript, or of any portion thereof, 
 from the clerk of the district court of appeal, attested by the presiding judge thereof, 
 or from the clerk of the supreme court, attested by the chief justice, and may file 
 such certified and attested copy of such transcript or of any part or portion thereof in 
 the office of the clerk of the superior court from which such appeal was taken. There- 
 upon such certified and attested copy of such transcript or of any part or portion 
 thereof may be made the basis of any further proceedings or processes in such superior 
 court in such action or special proceeding to all intents and purposes as if the original 
 record so copied, certified and attested, or the part or portion thereof so copied, certified 
 and attested, were on file. 
 
 § 4. This act shall take effect immediately. 
 
 1. Constitutionality "Burnt record act" tire Judgment roll, but It Is sufficient to 
 
 not special legislation. — People v. Fallon, prove the contents of the Judgment of fore- 
 
 154 Cal. 743, 99 Pac. 202. closure and of the deficiency judgment. — 
 
 2. Deficiency judgment — Restoration of Hlbernia, etc., Soc. V. Boyd, 155 Cal. 193, 
 juasment roll unnecessary. — In an action 100 Pac. 239. 
 
 on a deficiency judgment, where the Judg- 3. Dismissal of action — Discretion of 
 
 ment roll in the foreclosure suit was de- court. — The trial court has jurisdiction to 
 
 stroyed in the conflagration of 1906, and the dismiss an action the records in which have 
 
 jurisdiction of the court in that suit is ad- been burnt or destroyed, and it is not an 
 
 mitted, it is unnecessary to restore the en- abuse of discretion so to do, where there
 
 297 
 
 BURNT OR DESTROVED RECORDS OR DOCUMENTS. 
 
 Act 581, § 1 
 
 has been a delay of two years in having 
 such records restored. — Bell v. Solomons, 
 162 Cal. 105, 121 Pac. 377. 
 
 4. Dismissal of action for unreasonable 
 delay in restoring records — Discretion of 
 court. — Held that there was no abuse of 
 discreti6n in dismissing tlie action for the 
 unreasonable delay shown under the cir- 
 cumstances of the present case. — Gray v. 
 Times-Mirror, 11 Cal. App. 155, 104 Pac. 481. 
 
 5. Dismissal of appeal— Inexcusable de- 
 lay In restoring record. — An appeal will be 
 dismissed where appellant's attorneys were 
 g'uilty of inexcusable lack of diligence in 
 initiating and prosecuting proceedings to 
 restore records, resulting upwards of two 
 years delay in filing transcript. — Estate of 
 Heywood, 154 Cal. 312, 97 Pac. 825. 
 
 6. Duty of restoration. — It was the duty 
 of appellant to initiate proceedings under 
 the restoration act to restore tlie record of 
 the orders appealed from, and not the re- 
 spondent. — Estate of Heywood, 154 Cal. 312, 
 97 Pac. 825. 
 
 7. Impossibility of restoration — Bill of ex- 
 ceptions. — Under the restoration act of 1906 
 a judgment creditor may maintain an action 
 to restore the judgment roll where the en- 
 tire record was destroyed in the conflagra- 
 tion of April, 1906, notwithstanding that at 
 the time of such destruction a motion for a 
 new trial and the settlement of a bill of 
 exceptions Avere pending, and it is impos- 
 sible to restore the contents of such bill of 
 exceptions. — Poerst v. Kelso, 163 Cal. 436, 
 439, 125 Pac. 1054. 
 
 8. Judgment roll, effect of, not involved. 
 — On an application for the restoration of 
 the judgment roll, no question as to the 
 effect of sucli judgment roll when restored, 
 are involved in the application for such 
 restoration, or on an appeal from an order 
 therefor. — Foerst v. Kelso, 163 Cal. 436, 439, 
 125 Pac. 1054. 
 
 9. .lurisdiction of court — Abuse of dis- 
 cretion. — Under the circumstances of this 
 case, and in view of the fact that the court 
 had the power of its own motion to restore 
 its own records, upon no reasonable theory 
 can it be said that the court abused its 
 discretion in restoring the record. — In re 
 Jones, 17 Cal. App. 327. 119 Pac. 670. 
 
 10. Jurisdiction to order restoration of 
 record of criminal appeal. — After transfer 
 by the supreme court to the district court 
 of appeals, the latter has complete jurisdic- 
 tion of a criminal appeal to make orders 
 under the restoration act relating to the 
 restoration of court records therein. — Peo- 
 ple V. Garnett, 9 Cal. App. 194, 98 Pac. 247. 
 
 11. Oral proof of destruction — Rule of 
 evidence. — The restoration does not provide 
 an exclusive remedy, or forbid all other 
 proof of lost judicial records, or abrogate 
 the rule of evidence admitting oral proof 
 of their contents. — Hibernia, etc., Soc. v. 
 Boyd, 155 Cal. 193, 100 Pac. 239. 
 
 12. Purpose of act is to provide conclu- 
 sive evidence of the contents of the record, 
 and dispense with the necessity of sec- 
 ondary evidence. — In re Jones, 17 Cal. App. 
 327, 119 Pac. 670. 
 
 13. Same — Other issues. — The ends of jus- 
 tice would not be promoted by complicating 
 the restoration contemplated by the act 
 with other issues. — In re Jones, 17 Cal. App. 
 327, 119 Pac. 670. 
 
 14. Printed copy for original transcript 
 — Jurisdiction to order substitution. — The 
 district court of is empowered to order the 
 substitution of a printed copy for the orig- 
 inal transcript on appeal in a criminal case. 
 — People V. Garnett, 9 Cal. App. 194, 98 Pac. 
 247. 
 
 15. Right to remedy — Apparent interest. 
 — A divorced wife who has an apparent in- 
 terest under the will of her deceased former 
 husband is entitled to have a restoration 
 of the decree of distribution under such 
 will, without regard to the question as to 
 whether, by remarriage or otherwise, prior 
 to the death of the deceased she forfeited 
 such interest. — In re Jones, 17 Cal. App. 327? 
 119 Pac. 670. 
 
 Copying public documents. — See, post, Ac^ 
 587. 
 
 Duplicate municipal securities. — See, post. 
 Act 585. 
 
 Duplicate public certificates. — See, post. 
 Act 586. 
 
 New trial act. — See, post. Act 581. 
 
 Reproduction of records of state boards. 
 — See, post, Act 583. 
 
 Restoration of assessment rolls. — See, post. 
 Act 584. 
 
 NEW TRIAL ACT. 
 ACT 581 — An act providing for the disposition of actions and proceedings in which 
 bills of exceptions and statements on motion for a new trial have been lost or 
 destroyed by conflagration or other public calamity. 
 
 History: Approved March 23, 1907, Stats. 1907, p. 998. 
 
 New trial may be had if bill of exceptions lost. 
 
 $ 1. When any proposed bill of exceptions, or statement of the case on motion for 
 a new trial, in action or proceedings, is lost or destroyed by reason of conflagration 
 or other public calamity, and no other record of the proceedings upon the trial thereof 
 can be obtained, and such action or proceeding is subject to review by motion for new 
 trial, pending; at the time of such loss or destruction, and it is by the court in which 
 such action or proceeding is pending deemed impossible or impracticable to restore
 
 Act 581, §§ 2. 3 
 
 GENERAL LAWS. 
 
 298 
 
 such proceedings (and to settle a bill of exceptions or statement of the case containing 
 such proceedings) so as to enable the court to review the judgment or order therein 
 by motion for new trial, the court may grant a new trial of such action or proceeding 
 if at the time of such loss or destruction a motion for new trial be pending therein, 
 and such action or proceeding shall thereupon be tried anew. In order to gr^nt such 
 new trial, it shall be unnecessary to have any bill of exceptions or statement of the 
 oese settled, but upon the facts above recited being shown to the satisfaction of the 
 court by affidavit or otherwise, the court shall have power in its discretion to grant 
 such new trial. 
 
 Extension of time pending hearing of motion. 
 
 $ 2. Pending the hearing of a motion under the preceding section to grant such 
 new trial, the time within which a bill of exceptions might be prepared, served or 
 presented for settlement, shall be extended, and shall not commence to run until the 
 decision upon such motion. (The motion provided for by this act must be made within 
 thirty days after the loss or destruction of such records; provided, that in any case 
 now pending such motion may be made at any time within sixty days after the passage 
 of this act.) 
 
 $ 3. This act shall take effect immediately. 
 
 1. Constitutionality — Subject matter ex- 
 pressed in title — More tliau one subject. — 
 
 The statute is not unconstitutional as in vio- 
 lation of section 24, article IV of the con- 
 stitution, on the ground that the subject is 
 not expressed in the title and that more 
 than one subject is embraced in the title. — 
 Bassford & Earl, 172 Cal. 653, 659, 158 Pac. 
 124. 
 
 2. Same Not special legislation The 
 
 statute does not contravene section 25, ar- 
 ticle IV, of the constitution, prohibiting 
 special legislation. — Bassford v. Earl, 172 
 Cal. 653, 660, 158 Pac. 124. 
 
 3. Same — Impairment of obligation of 
 contracts. — The statute merely changes a 
 remedy applicable to a special proceeding, 
 and does not impair the obligation of a 
 contract. — Bassford v. Earl, 172 Cal. 653, 
 661, 158 Pac. 124. 
 
 4. Application of act — Appellate court. — 
 The act applies to the trial court in which 
 the action is pending, and not to the ap- 
 pellate court where an appeal from a new 
 trial order is pending. — People v. Napoli, 7 
 Cal. App. 79, 93 Pac. 500. 
 
 5. Construction of act — Remedial. — Act is 
 remedial, and was intended to have a retro- 
 active operation, and not to be limited to 
 conditions arising after its passage. — Bass- 
 ford V. Earl, 172 Cal. 653, 656, 158 Pac. 124. 
 
 6. Same — No bill of exceptions required — 
 Affidavits. — The act does not require a bill 
 of exceptions, but the court may hear the 
 motion on "affidavits or otherwise." — Fisher 
 V. Western Fuse, etc., Co., 12 Cal. App. 299, 
 107 Pac. 332. 
 
 7. Condition of relief — Restoration Im- 
 possible or impractical. — The condition 
 which must exist to authorize the relief 
 provided by the act exists when the court, 
 at the time the application is made, deems 
 
 it impossible or Impractical to restore the 
 proceedings. — Bassford v. Earl, 172 Cal. 653, 
 657, 158 Pac. 124. 
 
 8. Neg-ligent delay — Failure to obtain 
 record, — The statute contemplates diligence 
 and if, by the moving party's neglect a 
 means of obtaining another transcript is 
 lost, by death or otherwise, when, by due 
 diligence he might have caused the restora- 
 tion of the record, he should not be per- 
 mitted to contend, at the hearing for the 
 new trial provided in proper cases by the 
 statute that no other record can be ob- 
 tained, for in such case his inability to 
 obtain a bill of exceptions would be the 
 result of his neglect and not of the con- 
 flagration and the destruction of the orig- 
 inal.— Bassford V. Earl, 172 Cal. 653, 657, 
 158 Pac. 124. 
 
 9. Power of court discretionary. — Where 
 the official reporter furnished the moving 
 party with a full copy of the proceedings 
 required to prepare a new bill of exceptions, 
 in place of a destroyed proposed bill of 
 exceptions, the granting of a new trial un- 
 der the act would not have been in plain 
 violation of the statute, and it was not an 
 abuse of discretion to continue the motion 
 for the preparation of a new bill. — Fisher 
 V. Western Fuse, etc., Co., 12 Cal. App. 299, 
 107 Pac. 332. 
 
 Burnt record act. — See, ante. Act 580. 
 
 Copying public documents. — See, post, Act 
 587. 
 
 Duplicate municipal securities. — See, post. 
 Act 585. 
 
 Duplicate public certificates. — See, post, 
 Act 586. 
 
 Reproduction of records of state boards. 
 — See, post. Act 583. 
 
 Restoration of assessment rolls. — See. 
 post, Act 684.
 
 299 BURNT OR DESTROYED RECORDS OR DOCUMENTS. Acts 583, 584, §§ 1, 3 
 
 REPRODUCTION OF REGISTERS OF STATE BOARDS. 
 ACT 583 — An act to provide for the reproduction of the register of the board of medical 
 examiners, the board of dental examiners, or the board of pharmacy, where the same 
 has been destroyed by conflagration or other public calamity. 
 
 History: Approved June 16, 1906, Stats. 1906 (ex. sess.), p. 82. 
 
 State medical examiners, powers of. 
 
 $ 1. Whenever the register or book of registration of the board of medical examiners 
 of the state of California, the board of dental examiners of California, or the board of 
 pharmacy, has been or may hereafter be destroyed by fire or other public calamity, the 
 board whose duty it is to keep such register or book is hereby authorized to reproduce 
 such register or book so that the same may show as nearly as possible the record existing 
 in the original register or book at the time of such destruction. 
 
 Beproduction of lost records. 
 
 $ 2. For the reproduction of the destroyed register or book the board shall make 
 use of such existing official printed registers, books, or matter, certificates, affidavits 
 to be presented, or other official information as may be available and which may appear 
 to said board to be authentic, and upon the completion of the said reproduction said 
 board shall by resolution adopt such reproduced register or book as the register or book 
 of said board, and thereafter the same shall be taken and used to all intents and pur- 
 poses as well for evidence as otherwise as if the same were the original register or book. 
 
 $ 3. This act shall take effect immediately. 
 
 Burnt record act. — See, ante, Act 580. Dnpllcate public certificates. — See, post, 
 
 Copying public documents. — See, post, Act Act 586. 
 
 587. New trial act. — See, ante. Act 581. 
 
 Duplicate municipal securities. — See, post, Restoration of assessment roil. — See, 
 
 Act 585. post. Act 584. 
 
 RESTORATION OF ASSESSMENT ROLL. 
 ACT 584 — An act enabling the restoration of an assessment roll when the same has 
 been destroyed. 
 
 History: Approved June 16, 1906, Stats. 1906 (ex. sess.), p. 83. 
 
 Lost assessment roll, restoration of. Proviso. 
 
 $ 1. Wherever, through loss by fire, or other public calamity, the assessment roll 
 of a city, city and county, county or other political subdivision of the state in course 
 of preparation by the assessor of any city, city and county, county or other ]iolitieal 
 subdivision of the state, shall have been or shall be destroyed and such burnt or 
 destroyed record shall have been reconstructed from such data as is available, it shall be 
 lawful for the assessor at any time prior to the sale for delinquent taxes after such 
 assessment is compiled, to correct any assessment erroneously made; provided, however, 
 that any correction so made shall at once be certified to in writing by the assessor, 
 to the tax collector, the auditor and the state controller, and provided, further, that 
 the assessor shall enter opposite said assessment on the assessment roll, the date and 
 nature of said correction. Such change shall be recognized by anj' city, city and county, 
 county or state official whose duty it is to make or exact a financial statement based 
 on said assessment roll, and in making such settlement any alterations resulting from 
 such changes shall be recognized by such officials. 
 
 $ 2. This act shall take effect immediately. 
 
 Burnt record act. — See, ante, Act 580. Duplicate public certificates. — See, post. 
 
 Copying public documents. — See, post. Act Act 586. 
 
 687. New trial act. — See. ante. Act .">?!. 
 
 Duplicate municipal securities. — See, post, Reproduction of ret^iMter of state boards. 
 
 Act 585. — See, ante, Act 583.
 
 Act 5S5, §§ 1-4 GBNERAL LAW^S. 300 
 
 DUPLICATE MUNICIPAL SECURITIES. 
 ACT 585 — An act to provide for the issuance of duplicates of bonds, warrants and 
 other municipal securities which have hecome defaced or mutilated. 
 
 History: Approved February 23, 1907, Stats. 1907, p. 53. 
 
 Mutilated municipal bonds, duplicates may be issued. 
 
 ^ 1. Whenever it shall be made to appear to the legislative body of any count)', 
 city and county, city, town, irrigation district, school district or other municipal corpo- 
 ration, by clear and equivocal proof, that any bond, warrant, or other evidence of 
 indebtedness of said county, city and county, city, town, irrigation district, school 
 district, or other municipal corporation has, without bad faith upon the part of the 
 owner, been so mutilated or defaced as to impair its value to the owner, and such 
 instrument is capable of being identified by number and description, such legislative 
 body shall, under such regulations and with such restrictions as to time and retention 
 for security or otherwise, as it may prescribe, and upon the conditions hereinafter 
 provided, issue or cause to be issued a duplicate thereof, having the same time to run, 
 bearing like interest, and having the same number as the evidence of indebtedness so 
 proved to have been mutilated or defaced. 
 
 Procedure to procure duplicates. 
 
 $ 2. The owner of such bonds or other evidences of indebtedness desiring to have 
 issued duplicates for the same shall make a written application therefor to the legis- 
 lative body of such municiiDal corporation, setting forth the facts provided by section 
 1, and shall accompany such request with a deposit of such sum of money as shall be 
 deemed sufiBcient by such legislative body to cover the cost of printing or lithographing, 
 or otherwise preparing such duplicate, and all other expenses connected with the 
 issuance thereof, and if required by such legislative body, shall also file therewith a 
 bond in such sum as may be required, with good and sufficient sureties, to be approved 
 by such legislative body, with condition to indemnify and save harmless such municipal 
 corporation from any claim upon such mutilated or defaced security. 
 
 Duty of municipal legislature. Cancellation of original decision. 
 
 § 3. The legislative body of such municipal corporation shall thereupon pass a 
 resolution, setting forth the fact of said application and the compliance with the condi- 
 tions herein prescribed, and with such further conditions as shall have been required 
 by said legislative body in accordance herewith, and directing the officer or officers 
 who had charge, in the first instance, of causing to be printed, lithographed, or other- 
 wise prepared the original bond, warrant, or other evidence of indebtedness, to cause 
 to be issued a duplicate thereof, as herein provided. Such duplicate bond, warrant, or 
 other evidence of indebtedness shall be signed by the same officers, and issued in all 
 respects as nearly as possible as the original instrument, and when so prepared and 
 issued shall be delivered in exchange for the original bond, warrant, or other evidence of 
 indebtedness; provided, that no exchange shall be made unless such defaced or mutilated 
 bond, together with any coupons thereon for which duplicates shall be issued in accord- 
 ance with this act, shall be capable of identification, and shall first be surrendered by 
 the owner thereof. When surrendered, the legislative body of such municipal corpora- 
 tion shall cause proper record to be made of the cancellation of such original security, 
 and thereafter the duplicate issued in accordance with the provisions of this act, shall 
 have all the force, effect and validity of the original evidence of indebtedness. 
 
 § 4. This act shall take effect immediately. 
 
 Burnt record act. — See, ante, Act 580. New trial act. — See, ante. Act 5S1. 
 
 Copying public documents. — See, post. Act Reproduction of rcgistera of state boards. 
 
 5g7_ — See, ante. Act 5S3. 
 
 Duplicate public certificates. — See, post, Restoration of assessment roll. — See, ante, 
 
 Act 5S6. Act 584.
 
 301 BURNT OR DESTROYED RECORDS OR DOCUMENTS. Acts oSC, 5S7, §§ 1-3 
 
 DUPLICATE PUBLIC CERTIFICATES. 
 ACT 586 — An act providing for the issuance of duplicate certificates, where certificates 
 issued under authority of law have been lost or destroyed by conflagration or other 
 public calamity. 
 
 History: Approved June 16, 1906, Stats. 1906 (ex. sess.), p. 71. 
 
 Certificates issued by public officer, duplicate to those lost. 
 
 § 1. Whenever any public board or officer is authorized by law to issue any certifi- 
 cate of any kind, and the records in the office of such board or officer show the issuance 
 of such certificate, and it is made to appear by affidavit that such certificate has been 
 lost or destroyed by conflagration or other public calamity, such board or officer may 
 issue a duplicate of such certificate, which shall recite the issuance and loss or destruc- 
 tion of such original certificate, and shall have the same force and effect as such original 
 certificate; provided, that this act shall not apply to certificates of acknowledgments. 
 
 $ 2. This act shall take effect immediately. 
 
 Rnrnt record act. — See, ante. Act 580. New trial act. — See, ante. Act 581. 
 
 Copying public documents. — See, post. Act Reproduction of register of state boardc 
 
 587. — See, ante. Act 583. 
 
 Duplicate municipal securities.-^See, ante, Restoration of assessment roll. — See, antv 
 
 Act 585. Act 584. 
 
 COPYING PUBLIC DOCUMENTS. 
 ACT 587 — An act to provide for the copying of books, documents, maps or recordj 
 required by law to be kept or preserved by city, county, or city and county officers^ 
 which have been damaged by conflagration or other public calamity. 
 
 History: Approved June 16, 1906, Stats. 1906 (ex. sess.), p. 72. 
 
 Damaged records, books, maps, etc., copied, transcribed and bound by order of superx 
 visors. 
 
 § 1. Whenever any book, document, map or record required by law to be kept or 
 preserved by any city, county, or city and county officer has been or may hereafter 
 be damaged by conflagration or other public calamity, it shall be lawful for the board 
 of supervisors, or board of trustees, of the city, county, or city and county in which 
 the same is required to be kept or preserved, to cause such book, document, map or 
 record to be copied and transcribed into a new and well bound book. 
 
 Compared with original and affidavits attached. Authenticated by officer having cus- 
 tody thereof. 
 
 § 2. Said book, document, map, or record, when so copied or transcribed, shall be 
 carefully compared with the original thereof, and when the same shall have been so 
 copied and compared with the original thereof, the persons who have done such com- 
 paring shall each make an affidavit which shall be incorporated into the book, document, 
 map or record as copied, that said book, document, map or record and each and every 
 part thereof is a true copy of the original book, document, map or record, and each and 
 every part thereof; that the matter of record which appears on every page of the 
 original appears also upon the same page of the copy; and that no matter of record 
 appears upon any page of the copy which is not to be found upon the same page of the 
 original. Said book, document, map or record shall also be authenticated under the 
 hand of the officer having the custody thereof, to the effect that the same is a true copy 
 of the original book, document, map or record so damaged. 
 
 Prima facie evidence. 
 
 § 3. Any such new book, document, map or record copied and authenticated as above 
 provided, shall be prima facie evidence of the contents of the original book, document,
 
 Acts 593.59r 
 
 GE^NERAL. LAWS. 
 
 302 
 
 map or record; and it shall bear the same name and designation as the original thereof, 
 and certified copies of any instrument so copied into it shall have the same force and 
 effect as certified copies of the original made from the original book. 
 
 Expenses, how met. 
 
 $ 4. The board of supervisors or board of trustees of such city, county, or city and 
 county, may make such provision for the payment for copying and transcribing the 
 books, documents, maps and records under this act, out of the city, county, or city and 
 county treasury, as to them may seem reasonable, not exceeding the amount now 
 authorized to be received for copying and recording the originals thereof, and the 
 same shall be a charge against the city, county, or city and county. 
 
 $ 5. This act shall take effect immediately. 
 
 Bnrnt record act. — See, ante. Act 580. 
 
 Duplicate municipal securities. — See, ante. 
 Act 585. 
 
 Duplicate pabllo certificates. — See, ante. 
 Act 586. 
 
 New trial act. — See, ante. Act 581. 
 
 Reproduction of regrister of .state boards. 
 — See, ante, Act 583. 
 
 Restoration of assessment rolls. — See, 
 ante. Act 584. 
 
 CHAPTER 38. 
 BUTTE COUNTY. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 593. "No Fence Law," 
 
 596. Lawful Fence Act. 
 
 597. Hunting in Private Grounds. 
 
 602. Transcribing Records, and Leqalizino 
 
 603. Certified Copies of Eecords. 
 613. Charter of Butte County. 
 
 Same. 
 
 "NO FENCE LAW." 
 ACT 593— An act to protect agriculture in the county of Butte. 
 
 History: Approved March 10, 1874, Stats. 1873-74, p. 310. Amended 
 
 March 16, 1876, Stats. 1875-76, p. 314. 
 
 Necessity of fencing — Construction of act. 
 
 — This act does not compel an owner to 
 fence his land against the stock of another, 
 but it may be a necessity for fencing in his 
 own cattle. — Butte Co. v. Boydston, 64 Cal. 
 110, 29 Pac. 511. 
 
 This act provided against animals tres- 
 passingr on cultivated land. 
 
 See Editor's note to chapter on "Estrays." 
 
 See chapter on "Trespassing Animals," In 
 general. 
 
 Continued in force by tlie code. — See 
 Kerr's Cyc. Political Code, $ 19. 
 
 LAWFUL FENCE. 
 ACT 596 — An act defining a lawful and partition fence in the counties of Butte and 
 
 History: Approved March 30, 1872, Stats. 1871-72, p. 700. 
 Continued In force by the code — See See, also, Kerr's Cyc. Civil Code, S 841, 
 
 Kerr's Cyc. Political Code, § 19. and notes. 
 
 See, post, cliapter on "Fences." 
 
 HUNTING IN PRIVATE GROUNDS. 
 ACT 597 — An act to prohibit the hunting or shooting of game within certain private 
 grounds in the county of Butte. 
 
 History: Approved March 22, 1872, Stats. 1871-72, p. 477. 
 
 This act made it a misdemeanor to hunt yards of a dwelling belonging to another 
 or shoot game in any enclosure within 500 person.
 
 303 BUTTER. Acts 602-618, §§ 1, 2 
 
 TRANSCRIBING RECORDS. 
 ACT 602 — An act authorizing and empowering the county clerk of Butte county to 
 transcribe certain records, and to legalize the same. 
 
 History: Approved March 16, 1859, Stats. 1859, p. 119. 
 
 CERTIFIED COPIES OF RECORDS. 
 ACT 603 — An act authorizing and empowering the county recorder of Butte county to 
 make certified copies of certain records and indexes of records of said county, and 
 fixing the amount of his compensation therefor. 
 
 History: Approved April 2, 1858, Stats. 1858, p. 108. 
 
 ACT 613 — Charter of Butte county. 
 
 History: Voted for and ratified at the general election held Novem- 
 ber 7, 1916. Filed with the Secretary of State January 27, 1917. Stata. 
 1917, p. 1791. 
 
 CHAPTER 39. 
 
 BUTTER. 
 References: See tits. "Adulteration"; "Dairies." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 617. Marking Packages Less Than Six and More Than One-Half Pound in Weight. 
 
 618. Renovated Butter, Deception in Sale Of. 
 
 620. Short Weight Butter. 
 
 621. Imitation Butter and Cheese. 
 624. Imported Butter. 
 
 MARKING PACKAGES. 
 ACT 617 — An act requiring the marking of packages of butter containing less than six 
 pounds and more than one-half pound so as to advise the purchaser or others as to 
 the weight of butter contained in such package. 
 
 History: Approved March 20, 1905. Stats. 1905, p. 316. » 
 
 Unconstitutional: Ex parte Dietrich, 149 Cal. 104, 5 L. R. A, (N. S.) 873, 84 Pac. 770. 
 
 RENOVATED BUTTER. 
 
 ACT 618 — An act to prevent deception in the sale of renovated butter and to license 
 
 manufacturers and dealers in the same. 
 
 History: Approved March 20, 1905, Stats. 1905, p. 468. This act re- 
 pealed the prior act on same subject, of February 23, 1899, Stats. 1899, 
 p. 25; which was subsequently re-enacted as § 383a, Penal Code. See 
 Kerr's Cyc. Penal Code, § 383a. 
 
 Sale of renovated butter prohibited unless stamped. 
 
 § 1. No person or persons, firms or coi-porations, by themselves or their agents or 
 employees, shall sell, offer for sale or expose for sale or have in his or their possession 
 for sale any renovated butter unless the same shall have printed upon each and ever>' 
 package, roll, print, square, or any container of such renovated butter the words 
 "renovated butter" in letters not less than one-half inch in height, or who shall not 
 have secured from the state dairy bureau, now existing under the laws of this state, a 
 license as provided hereinafter. 
 
 Renovated butter defined. 
 
 § 2. The term renovated butter as used in this act is hereby defined to mean and 
 include butter that has been reduced to a liquid state by melting, and drawing of such 
 liquid or butter oil and churning or otherwise manipulating it in connection with milk 
 or any product thereof.
 
 Act 618, §§ 3-7 
 
 GENERAL, LAWS. 
 
 304 
 
 License to manufacture or deal in renovated butter. License. Wholesalers and retail- 
 ers, who are. Record of sales. 
 
 $ 3. Any person or i^ersons, firms or corporations, desiring to manufacture or deal 
 in renovated butter shall make application to the state dairy bureau for a license and 
 upon payment of a license fee of the amount mentioned herein, to the state dairy 
 bureau, said bureau shall issue to the applicant a license. All such licenses shall expire 
 December 31st of each year and may be issued in periods of one year or six months, 
 upon payment of a proportionate part of the license fee. Manufacturers of renovated 
 butter within this state shall pay an annual license fee of one thousand dollars; whole- 
 sale dealers shall pay an annual license fee of four hundred dollars; retail dealers shall 
 l>ay an annual license fee of fifty dollars; hotels, restaurants, boarding houses and 
 all other places where meals are served and payment is received therefor, either imme- 
 diately or by the day, week or month, and which use or furnish renovated butter in 
 connection with said meals, shall pay an annual license fee of ten dollars. The term 
 wholesale dealers as used herein includes all persons, firms or corporations, who shall 
 sell renovated butter in quantities of ten pounds or more. The term retail dealers 
 includes all persons who sell in quantities of less than ten pounds. All licenses while in 
 force shall be conspicuously displayed in the place of business of the party or parties 
 to whom they have been issued. The state dairy bureau shall require all persons hold- 
 ing a manufacturer's or wholesaler's license, as provided in this act, to keep a record 
 in a form separate from all other business in which every sale of renovated butter shall 
 be recorded, giving the quantity sold, the name and location of the buyer and the place 
 to which it was shipped. Such record shall be accessible at all times to duly authorized 
 representatives of the state dairy bureau. 
 
 Disposition of license fees. 
 
 $ 4. All license fees paid to the state dairy bureau under this act shall be paid by 
 said bureau into the state treasury, the same to be added to the appropriation made 
 for the same fiscal year for the bureau and its expenditure shall be at the disposal of 
 said Jjureau for its use. 
 
 Violations of this act, punishment. 
 
 ^ 5. Whoever shall violate any of the provisions or sections of this act shall be 
 deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished for 
 the first offense by a fine of not less than twenty dollars nor more than one hundred 
 dollars; or bj' imprisonment in the county jail for not less than ten days and not 
 exceeding thirty days; and for each subsequent offense by a fine of not less than fifty 
 dollars nor more than two hundred dollars, or by imprisonment in the county jail for 
 not less than twenty days nor more than one hundred days, or by both such fine and 
 imprisonment, at the discretion of the court. 
 
 Duty of district attorney. Disposition of fines. 
 
 ^ 6. It shall be the duty of the district attorney of each and every county in this 
 state, upon application, to attend to the prosecution in the name of the people of any 
 action brought for the violation of any of the provisions of this act within his district. 
 One-half of all the fines imposed for the violation of any of the provisions of this act 
 shall be paid to the county in which the fine is imposed. The other one-half shall be 
 paid to the state dairy bureau, and by said bureau to the state treasurer, and the same 
 shall become a part of the appropriation made by law for the use of said state dairy 
 bureau. 
 
 Repeal of former and inconsistent acts. 
 
 § 7. An act which became a law under constitutional provision without the gov- 
 ernor's approval, February 23, 1899, entitled "An act to prevent deception in the sale
 
 305 BUTTER. Acta 620, 621, §§ 1-2 
 
 of process or renovated butter" and all other acts or parts of acts inconsistent with 
 this act are hereby repealed. 
 
 $ 8. This act shall take effect thirty days after its passage. 
 
 Adulteration of dairy products. — See, post, Same — Regulating traffic In. — See notes 1 
 
 Act 1165. L. R. A. 52; 6 L. R. A. 533; 11 L. R. A. 532; 
 
 Duty of state dairy bureau, as to use of briefs in 15 L. R. A. 839 and 30 L. R. A. 397. 
 
 Inaiicurate or fraudulent butter tests. — See As affecting interstate commerce, see briefs 
 
 Kerr's Cyc. Penal Code, § 381b. in 10 L, R. A, 830; 22 L. R. A. 156; 30 
 
 Imitation Butter — Constitutionality of L,. R. A. 397. 
 
 statutes regrulating tlie manufacture and Manufacture and sale of adulterated food 
 
 sale of. — See 35 L. R. A. 844; 57 L. R. A. products in general. — See tit. "Adulteration." 
 
 181; 118 Fed. 56, 47 C. C. A. 195. Use of Inaccurate or fraudulent butter 
 
 Same — Original packages from other tests. — See Kerr's Cyc. Penal Code, § 381a. 
 
 states. — See 30 L. R. A. 396. See Kerr's Cyc Penal Code, § 383a and 
 
 Same — Prohibiting sale of. — See 15 L. R. A. notes. 
 889. Unless colored pink, — See 1 L. R. A. 
 51; 35 Lb R. A. 844. 
 
 SHORT-WEIGHT BUTTER. 
 ACT 620 — An act entitled an act to prevent the sale of short-weight rolls of tntter. 
 History: Approved March 11, 1893, Stats. 1893, p. 151. 
 
 Short-weight butter. 
 
 Any person or persons, firm or corporation, who offers for sale roU-butter not of 
 full weight to each roll, shall be guilty of a misdemeanor. 
 
 Act takes effect when. 
 This act shall go into effect sixty days after its passage. 
 
 IMITATION BUTTER AND CHEESE. 
 
 ACT 621 — An act to prevent deception in the manufacture and sale of butter and 
 
 cheese, to secure its e.nforcement, and to appropriate money therefor. 
 
 History: Approved March 4, 1897, Stats. 1897, p. 65. Prior acts: 
 Act approved March 2, 1881, Stats. 1881, p. 14, which was superseded 
 by the act of March 9, 1895, Stats. 1895, p. 41, which was, in turn, 
 superseded by the present act. 
 
 Imitation butter. Imitation cheese. 
 
 § 1. That for the purposes of this act, every article, substance, or compound, other 
 than that produced from pure milk or cream from the same, made in the semblance of 
 butter, and designed to be used as a substitute for butter made from pure milk or 
 cream from the same, is hereb}'^ declared to be imitation butter; and that for the pur- 
 poses of this act, every article, substance, or compound, other than that produced from 
 pure milk or cream from the same, made in the semblance of cheese, and designated 
 [designed] to be used as substitute for cheese made from pure milk or cream from the 
 same, is hereby declared to be imitation cheese; provided, that the use of salt, rennet, 
 and harmless coloring-matter for coloring the product of pure milk or cream, shall not 
 be construed to render such product an imitation; and provided, that nothing in this 
 section shall prevent the use of pure skimmed milk in the manufacture of cheese. 
 
 Manufacture and sale of imitation butter, etc. 
 
 § 2. No person, by himself or his agents or servants shall render or manufacture, 
 sell, offer for sale, expose for sale, or have in his possession with intent to sell, or use, 
 or serve to patrons, guests, boarders, or inmates, in any hotel, eatinghouse, restaurant, 
 public conveyance or boardinghouse, or public or private hospital, asylum, or eleemosy- 
 nary or penal institution, any article, product, or compound made wholly or partly out 
 of any fat, oil, or oleaginous substance or compound thereof, not produced directly and 
 at the time of manufacture from unadulterated milk or cream from the same, which 
 
 Ccn. Laws — 20
 
 Act 621, §g 3-6 GENERAL, LAWS. 306 
 
 article, product, or compound shall be colored in imitation of butter or cheese pro- 
 duced from unadulterated milk or cream from the same; provided that nothing in this 
 section shall be construed to prohibit the manufacture or sale, under the regulations 
 hereinafter provided, of substances or compounds, designed to be used as an imitation, 
 f^T as a substitute for butter or cheese made from pure milk or cream from the same, in 
 a separate and distinct form, and in such a manner as will advise the consumer of its 
 real character, free from coloration, or ingredients, that causes it to look like butter or 
 cheese made from pure milk or cream, the product of the dairy. 
 
 Imitation product must be branded. 
 
 $ 3. Each person who, by himself or another, lawfully manufactures any substance 
 designed to be used as a substitute for butter or cheese, shall mark by branding, stamp- 
 ing, or stenciling upon the top and sides of each tub, firkin, box, or other package in 
 which such article shall be kept, and in which it shall be removed from the place where 
 it is produced, in a clear and durable manner, in the English language, the words 
 "substitute for butter," or "substitute for cheese," as the ease may be, in printed 
 letters in plain Roman type, each of which shall not be less than one inch in height 
 by one-half inch in width, and in addition to the above shall prepare a statement, 
 ju'inted in plain Roman type, of a size not smaller than pica, stating in the English 
 language its name, and the name and address of the manufacture, the name of the 
 place where manufactured or put up, and also the names and actual percentages of 
 the various ingredients used in the manufacture of such imitation butter or imitation 
 cheese; and shall place a copy of said statement within and upon the contents of each 
 tub, firkin, box, or other package, and next to that portion of each tub, firkin, box, or 
 other package as is commonly and most conveniently opened; and shall label the top 
 and sides of each tub, firkin, box, or other package by afiixing thereto a copy of said 
 statement, in such manner, however, as not to cover the whole or any part of said 
 mark of "substitute for butter," or "substitute for cheese." 
 
 Duty of common carriers. 
 
 ^ 4. No person, by himself or another, shall knowingly ship, consign, or forward 
 by any common carrier, whether public or private, any substance designed to be used 
 as a substitute for butter or cheese, unless the same be marked and contain a copy of 
 the statement, and be labeled as provided by section three of this act; and no carrier 
 shall knowingl}' receive the same for the purpose of forwarding or transporting, unless 
 it shall be manufactured, marked, and labeled as hereinbefore provided, consigned, and 
 by the carrier receipted for by its true name; provided, that this act shall not apply 
 to any goods in transit between foreign states and across the state of California. 
 
 Descriptive statement must be exposed. 
 
 § 5. No person, or his agent, shall knowingly have in his possession or under his 
 control any substance designed to be used as a substitute for butter and cheese unless 
 the tub, firkin, box, or other package containing the same, shall be clearly and durably 
 marked and contain a copy of the statement and be labeled as provided by section three 
 of this act; and if the tub, firkin, box, or other package be opened, then a copy of the 
 statement described in section three of this act shall be kept, with its face up, upon 
 the exposed contents of said tub, firkin, box, or other package; provided, that this sec- 
 tion shall not be deemed to appl^' to persons who have the same in their possession for 
 the actual consumption of themselves or family. 
 
 Imitation product must be sold as such. 
 
 § 6. No person, by himself or another, shall sell, or offer for sale, or fake orders 
 for the future delivery- of, any substance designed to be used as a substitute for butter
 
 307 BUTTER. Act 621, §§ 7-12 
 
 or cheese, tinder the name of or under the pretense that the same is butter or cheese ; 
 and no person, by himself or another, shall sell any substance designed to be used as a 
 substitute for butter or cheese, unless he shall inform the purchaser distinctly, at the 
 time of the sale, that the same is a substitute for butter or cheese, as the case may be, 
 and shall deliver to the purchaser, at the time of the sale, a separate and distinct copy 
 of the statement described in section three of this act; and no person shall use in any 
 way, in connection or association with the sale, or exposure for sale, or advertisement, 
 of any substance designed to be used as a substitute for butter or cheese, the words 
 "butterine," "creamery," or "dairy," or the representation of any breed of dairy 
 cattle, or any combination of such words and representation, or any other words or 
 symbols, or combinations thereof, commonly used by the dairy industry in the sale of 
 butter or cheese. 
 
 Duty of restaurant-keepers. 
 
 $ 7. No keeper or proprietor of any bakery, hotel, boarding-house, restaurant, saloon, 
 lunch-counter, or other place of public entertainment, or any person having charge 
 thereof, or employed thereat, or any person furnishing board for others than members 
 of his own family, or for any employees where such board is furnished as the compen- 
 sation or as a part of the compensation of any such employee, shall place before any 
 patron or employee, for use as food, any substance designed to be used as a substitute 
 for butter and cheese, unless the same be accompanied by a copy of the statement 
 described in section three of this act, and by a verbal notification to said patron that 
 such substance is a substitute for butter or cheese. 
 
 ^ 8. No action can be maintained on account of any sale or other contract made 
 in violation of, or with intent to violate, this act by or through any person who was 
 knowingly a party to such wrongful sale or other contract. 
 
 Presumptive evidence. 
 
 $ 9. Every person having possession or control of any substance designed to be 
 used as a substitute for butter or cheese which is not marked as required by the pro- 
 visions of this act, shall be presumed to have known, during the time of such pos- 
 session or control, that the same was imitation butter, or imitation cheese, as the ease 
 may be. 
 
 Erasure of label. 
 
 § 10. No person shall efface, erase, cancel, or remove any mark, statement, or label 
 provided for by this act, with intent to mislead, deceive, or to violate any of the 
 provisions of this act. 
 
 Use of pure article in state institutions. 
 
 $ 11. No butter or cheese not made wholly from pure milk or cream, salt, harmless 
 coloring-matter, shall be used in any of the charitable or penal institutions that receive 
 assistance from the state. 
 
 Penalties. 
 
 § 12. Whoever shall violate any of the provisions or sections of this act shall be 
 deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished, for 
 the first offense, by a fine of not less than fifty dollars, nor more than one hundred 
 and fifty dollars, or by imprisonment in the county jail for not exceeding thirty days ; 
 and for each subsequent offense, by a fine of not less than one hundred and fifty 
 dollars, nor more than three hundred dollars, or by imprisonment in the county jail not 
 less than thirty days, nor more than six months, or by both such fine and imprisonment, 
 in the discretion of the court. One-half of all the fines collected under the provisions 
 of this act shall be paid to the person or persons furnishing information upon which 
 conviction is procured-
 
 Aot 621, 8§ 13-17 GENERAL LAWS. 308 
 
 Possession presumptive evidence. Samples for analysis. 
 
 $ 13. Whoever shall have possession or control of any imitation butter or imita- 
 tion cheese, or any substance designed to be used as a substitute for butter or cheese, 
 contrary to the provisions of this act, shall be construed to have possession of property 
 with intent to use it as a means of committing a public offense, within the meaning of 
 chapter three, of title twelve, of part two, of an act to establish a Penal Code; provided, 
 that it shall be the duty of the officer who serves a search-warrant issued for imitation 
 butter or imitation cheese, or any substance designed to be used as^ a substitute for 
 butter or cheese, to deliver to the agent of the dairy bureau, or to any person by such 
 dairy bureau authorized in writing to receive the same, a perfect sample of each article 
 seized by virtue of such warrant, for the purpose of having the same analyzed, and 
 forthwith to return to the person from whom it was taken the remainder of each article 
 seized as aforesaid. If any sample be found to be imitation butter or imitation cheese, 
 or substance designed to be used as a substitute for butter or cheese, it shall be returned 
 to and retained by the magistrate as and for the purpose contemplated by section 
 fifteen hundred and thirty-six of an act to establish a Penal Code; but if any sample 
 be found not to be imitation butter or imitation cheese, or a substance designed to be 
 used as a substitute for butter or cheese, it shall be returned forthwith to the person 
 from whom it was taken. 
 
 Duty of district attorney. 
 
 § 14. It shall be the duty of the district attorney, upon the application of the dairy 
 bureau, to attend to the prosecution, in the name of the state, of any suit brought for 
 the violation of any of the provisions of this act within his district. 
 
 State dairy bureau. Tenure of office. Organization. Report. 
 
 § 15. The governor shall, on or before the first day of July, eighteen hundred and 
 ninety-seven, appoint three resident citizens of this state, who shall have practical 
 experience in the manufacture of dairy products, to constitute a state dairy bureau, and 
 which shall succeed the one now in existence in every respect. Members of this bureau 
 shall hold office for the period of four years from and after the first day of July, 
 eighteen hundred ninety-seven, and until their successors are appointed and qualified; 
 provided, that the first members appointed under the provisions of this act shall at 
 their first meeting so classify themselves by lot as that one shall go out of office 
 at the expiration of two j^ears, one at the expiration of three years, and the other 
 at the expiration of four years. Any vacancy shall be filled by appointment by the 
 governor for the unexpired term. The members of said bureau shall serve without 
 compensation, and within twenty days after their appointment, shall take the oath 
 of office as required by the constitution, and they shall thereupon meet and organize 
 by electing a chairman and treasurer. Any one of them may be removed by the gov- 
 ernor, for neglect or violation of duty. They shall make a report in detail to the 
 le<nslature not later than the first day of December next preceding the meeting thereof. 
 
 This section was expressly continued in force by the act of 1911. See, post. Act 1167. 
 
 Agent, and salary. 
 
 § 16. It shall be the duty of the state dairy bureau to secure, as far as possible, 
 
 the enforcement of this act. The state dairy bureau shall have power to employ an 
 agent at a salary of twelve hundred dollars a year, and such assistants or chemists, as 
 from time to time may be necessary therefor. 
 
 Appropriations. 
 
 § 17. [Repealed April 21, 1911. Stats. 1911, p. 959.]
 
 309 BUTTER. Act 624, gg 1-4 
 
 Inconsistent acts repealed. 
 
 $ 18. All acts and parts of acts inconsistent with this act are hereby repealed. 
 
 Act takes effect when. 
 
 $ 19. This act shall take effect immediately. 
 
 This act Is for the most part substantially tinued in force by. — Stats. 1911, p. 977, § 45, 
 
 reproduced in Stats. 1911, p. 959. — See, post, post, Act 1167. 
 
 Act 1167. Section 17 of this act fvas expressly re- 
 
 r. « •*- * K. *♦»- c^,. r^r^c^ A ^t 11CK peolcd by Stats. 1911, p. 977, §46, post, Act 
 
 Denmtion of butter. — See, post. Act 1165. ,,„„ i o , *- , 
 
 Definitions of imitation butter and cheese. Fraud In manufacture, packing and sale 
 
 See, post, Act 1167. ^f certain goods and products, see Kerr's 
 
 Section 15 of this act was expressly con- Cyc. Penal Code, §§ 381, et seq. 
 
 IMPORTED BUTTER. 
 ACT 624 — An act to regulate the sale of hutter that has heen shipped or imported into 
 the state of California from any point or place outside of the United States, requiring 
 the marking thereof by all persons selling or offering same for sale, and fixing penal- 
 ties for the violation of the same or of any of the provisions thereof. 
 
 History: Approved May 19, 1915. In effect August 8, 1915. Stats. 
 1915, p. 689. 
 
 Definitions. 
 
 ^ 1. For the purposes of this act the words "person, firm, company, or corporation," 
 shall include wholesalers, retailers, jobbers, and every place where butter that has been 
 shipped or imported into the state of California from any point or place outside of the 
 United States is sold or offered for sale. 
 
 Butter from outside United States to he marked "imported." 
 
 $ 2. Every person, firm, company, or corporation who sells, offers for sale, or has in 
 his, or their, possession for sale, or consigns, ships or presents to any dealer, commis- 
 sion merchant, consumer, or other person any butter that has been shipped or imported 
 into the state of California from any point or place outside of the United States shall, 
 before doing so, cause to be stamped, marked or printed upon the wrapper, or other 
 container thereof in black-face letters not less than one-eighth of an inch in height 
 the word "imported." 
 
 Sign indicating importation. 
 
 § 3. Every person, firm, company, or corporation selling or offering for sale any 
 butter that has been shipped or imported into the state of California from any point 
 or place outside of the United States, shall display in a conspicuous place in his or 
 their public salesroom a sign, which shall be not less than one foot in height and two 
 feet in length, bearing the words "imported butter sold here" in black-face letters 
 not less than three inches in height and one-half inch in width upon a white gpround. 
 
 Penalty for non-compliance. 
 
 ^ 4. Every person, firm, company or corporation who shall fail to comply with any 
 of the provisions of this act, and, upon conviction thereof, shall be punished by 
 imprisonment in the county jail for not more than six months; or by a fine of not more 
 than two hundred and fifty dollars, or by both such fine and imprisonment in the dis- 
 cretion of the court.
 
 An OJti-Oio, B 1 
 
 CKNKRAI. I.AW9. 
 
 riTAI'TKR 40. 
 CALAVERAS COUNTY. 
 
 •I* 
 
 CONTHNTS OF CHAI'TKR. 
 
 ACT 630. "No Vr.scr. Law." 
 
 631. Bonded iNDrBTKONEss, RRDEumoN Or, 
 
 "NO FENCK LAW." 
 
 ACT 630- An act to protect agriculture in the county of Calaveras. 
 
 History: Approved March L'J. 1S71. Stats. 187374. p. Ei79. Supple- 
 mented April 3. 1876. Stuls. 1876-76. p. 901. 
 
 Thr aapplrmratarjr art of INTS made It a I'lila nt-l apiillril unl.i to n purtlim nf C.iln- 
 
 mlndrnn-.inur to permit cattle to trenpnaa on vcriiM romity. 
 
 the pn-mlNoii of anotticr. %rr rilltor'a ttotr tn rhnptrra oa ■'catra^a'^ 
 
 Tlila art rrlnird to tri-it|jna«ilDj|{ aniniala on nnil "Irrapaaalas aiilinula.'* 
 rultlvated land. 
 
 RKDF.MPTTOX OF ROXDKD INT)EBTFDNEf5S. 
 
 ACT 631- An act to provide for the redemption of the bonded indebtedness of Cala- 
 veras county. 
 
 History: Approved March 30, 1872, Stats. 1871-72, p. 716. 
 
 Tbia art provided for the redemption by 
 ibe alate of the coiiiit.v's bonded Indcbted- 
 refs and the levy of a tax, not less than ten 
 nor more than twenty-flve centa on each one 
 
 hundred doUara of real and peraonal prop- 
 erty annually until the state was reim- 
 bursed. 
 
 CALEXICO. 
 
 See Act 3094, note. 
 
 CALIFOENIA HOME FOR CARE AND TRAINTNG OF FEEBLE MINDED 
 
 CBILDREN. 
 See tit "Feeble-minded Children." 
 
 CHAPTER 41. 
 
 CALIFORNIA INDUSTRIAL FARM. 
 
 References: See tits. "California School for Girls"; "California State Reformatory"; 
 "Parole of Prisoners"; "Preston School of Industry"; "Whlttier State School." 
 
 CONTEXTS OF CHAPTER. 
 ACT 640. "Caufornu Industrial Farm.** 
 
 CALIFORNIA INDUSTRIAL FARM. 
 ACT 640 — An act to establish an institution for the confinement, care and reformation 
 of delinquent women, to provide for its maintenance, conduct and government, to 
 provide for commitment and admission thereto, and to make an appropriation 
 therefor. 
 
 History: Approved May 3, 1919. In effect, except as to sections 8 
 
 and 9. July 22. 1919. 
 1919, p. 24S. 
 
 As to sections 8 and 9, see section 19. Stats. 
 
 California industrial farm for women. 
 
 ^ 1. There shall be established within this state an institution for (he confinement, 
 rare and reformation of delinquent women, to be known as the California industrial 
 farm for women.
 
 311 CALIFORXIA IXDUSTRIAL FARM. Act 640, g§ 2-4 
 
 Fiirpose. 
 
 $ 2. The purpose of said institution shall be to provide custody, care, protection, 
 industrial and other training and reformatory held for delinquent women. 
 
 Board of trustees. 
 
 $ 3. Said institution shall be under the management and control of a board of 
 trustees of five members appointed by the governor, three of whom shall be women. 
 The terms of oflSee of said trustees shall be five years each ; provided, that the terms of 
 office of those first appointed shall be one, two, three, four and five years, respectively, 
 and the governor in making such appointments shall indicate the respective terms for 
 which the appointments are made. 
 
 Oath. 
 
 Before entering upon the discharge of their duties, the trustees shall take an oath in 
 writing to faithfully discharge the same. 
 
 Expenses. 
 
 The members of the board of trustees shall be entitled to their reasonable expenses, 
 including traveling expenses, incurred in the discharge of their duties. 
 
 Duties of board. 
 
 § 4. The duties of said board of trustees shall be: 
 
 Organization. 
 
 (a) To organize itself, adopt general rules for the holding of its meetings and the 
 transaction of its business, and for the administration and conduct of the institution. 
 
 Select site. 
 
 (b) To select, purchase and procure with all reasonable dispatch a suitable site of 
 not less than two hundred acres, with the necessary appurtenances, for said institution. 
 Such site shall be of such character as to afford ample opportunity for agricultural 
 work and training to those eommitted to the institution. If there be already owned 
 by the state land suitable for such site or as a part thereof, and not used, or in the 
 opinion of the state board of control not necessary for use by the state for another 
 purpose, such land may be appropriated by the board of trustees with the consent of 
 the state board of control as the site, or part of the site, of said institution. 
 
 Construct buildings. 
 
 (c) To construct and equip in connection with or appurtenant to the site so pro- 
 cured or appropriated the buildings, improvements and plant necessary for the accom- 
 plishment by said institution of the purposes for which it is established. 
 
 Temporary accommodations. 
 
 The board of trustees are authorized, if they deem it advisable, pending the construc- 
 tion of the permanent buildings, improvements and plant, to construct and equip tem- 
 porary accommodations and to commence and carry on the work of the institution. 
 
 Supervision and control. 
 
 (d) To conduct, supervise and administer the institution for the purposes for which 
 it is established, together with the right to possess, control and administer any and all 
 property given or appropriated to or for the benefit of said institution, either by way 
 of endowment, public or private, or otherwise. 
 
 Superintendent. 
 
 (e) The board of trustees shall employ a skilled superintendent, who shall be a 
 woman, not one of their number, and Avho shall reside at and have the immediate charge
 
 Act «40, g§ 5-11 CUMiRAL LAWS. 313 
 
 and ruanagement of the institution, subject to the control and supervision of the board 
 of trustees. The board shall authorize the employment of such other assistants, officers 
 or employees as may be necessary. 
 
 Report to governor. 
 
 (f ) The board of trustees shall report biennially to the governor. 
 
 Meetings. 
 
 § 5. The board of trustees shall meet at said institution in regular session once a 
 month and in special session as they may deem necessary, and the office of any member 
 who is absent from two consecutive regular sessions, or from more than three regular 
 sessions, in the course of any calendar j'ear, shall, unless such absences are excused by 
 the governor in writing, filed with the board, ipso facto become vacant. 
 
 Bond of superintendent. 
 
 $ 6. The superintendent shall give a bond to the state in such sum as may be pre- 
 scribed by the board of trutsees, but not less than ten thousand dollars, conditioned 
 upon the faithful discharge by her of her duties. 
 
 Women assistants. 
 
 § 7. All regularly employed assistants, officers and employees, whose duties bring 
 them in contact with the inmates of the institution, shall be women as far as practicable. 
 
 Commitment to institution. 
 
 § 8. (a) When any woman, eighteen years of age or over is found guilty by any 
 court within this state of prostitution, soliciting for prostitution, keeping a house of 
 ill fame or residing in such house, frequenting any dance hall, hotel, rooming house, or 
 other i:)ublic place, for the purpose of prostitution, or of vagrancy because of being a 
 common prostitute or a common drunkard, she shall in lieu of any other sentence or 
 disposition provided by law, be committed by the court in which she is so found guilty 
 to said institution for an indeterminate period of not less than six months nor more 
 than five years. 
 
 Admission refused, when. 
 
 (b) The said board of trustees shall not be required to receive for admission any 
 woman committed to said institution, if, in its opinion the accommodations at said 
 institution or the state of its finances is such as not to justify her reception. 
 
 Transfer from penal or reformatory institution. 
 
 § 9. Any woman, eighteen years of age or over, confined under a sentence or com- 
 mitment in any penal or reformatory institution or prison within this state, may be 
 transferred therefrom for the serving of her sentence or the term of her commitment, 
 or the balance thereof, to the said institution, with the consent of the trustees thereof, 
 by order of the governing official or board of officials of the institution or prison in 
 which she is confined. 
 
 Admission on request of woman. 
 
 (i 10. Any woman, eighteen years of age or over, may, upon her written request, be 
 admitted to said institution by the board of trustees thereof if it believes that she is 
 or is in danger of becoming a prostitute, common drunkard, or a criminal. Such person 
 shall be discharged by order of the trustees at any time upon her written request 
 therefor in writing, unless she has been adjudged to be feeble-minded, as hereinafter 
 provided. 
 
 Delivery to institution. 
 
 § 11. Upon the commitment or transfer of any woman to said institution under the 
 preceding sections it shall be the duty of the officer having custody of her, or required
 
 313 CALIFORNIA IXDISTRIAL, FARM. Act 640, §§ 12-H 
 
 to take custody of her, to deliver her to said institution, receiving therefor the fees 
 payable for the transportation of prisoners to the state prison. Such officer shall at 
 the same time deliver to said institution a certified copy of the judgment of conviction 
 and of the order of commitment or order of transfer. 
 
 Woman attendant. 
 
 Every woman so committed or transferred under this act shall be accompanied by a 
 woman attendant from the place of commitment or transfer until delivered to the 
 institution. 
 
 Care of children. 
 
 $ 12. If any woman received by or admitted to the institution have a child under 
 two years of age, or gives birth to a child while an inmate of said institution, such child 
 i may be admitted to and retained in the institution until it reaches the age of two 
 years, at which time the board of trustees may arrange for its care elsewhere ; and pro- 
 vided, that at their discretion in exceptional cases the board of trustees may retain 
 such child for a longer period of time. 
 
 History of inmates. 
 
 § 13. There shall be kept at the institution a record of the history and progress of 
 every woman received by it during the period she is under its control and, so far as 
 practically possible, prior and subsequent thereto, and all judges, court officials and 
 employees, district attorneys, sheriffs, chiefs of police and peace officers shall furnish 
 such institution with all data in their possession or knowledge relative to any inmate 
 that said institution may request. If upon the arrest of any woman it be discovered 
 that she was theretofore an inmate of said institution, it shall be promptly notified of 
 her arrest. 
 
 Examination and training. Discharge. 
 
 $ 14. (a) Every woman received by said institution shall be examined mentally and 
 physically and shall, if retained by said institution, be given the care, treatment and 
 training adapted to her particular condition. Such care, treatment and training shall 
 be along the lines best suited to develop her mentality, character and industrial capac- 
 ity to a point where she can be honorably discharged from the institution with reason- 
 able safety and benefit to herself and to the public at large. Upon her reaching such 
 point, in the judgment of the board of trustees, she shall be honorably discharged from 
 the institution, unless she has been transferred to it under section ten hereof and has 
 not fully served her sentence, in which case she shall be recommended by the board 
 of trustees to the governor of the state for pardon. 
 
 Transfer to Pacific Colony. 
 
 (b) If any woman, upon her admission to said institution and examination and 
 obsen^ation thereat, is found by the board of trustees thereof to be feeble-minded or 
 moron within the meaning of section sixteen of the act of the legislature of the state 
 of California approved June 1, 1917, creating an institution to be known as the Pacific 
 Colony, such board of trustees may institute proceedings to have such person adjudged 
 to be feeble-minded, and in case of such adjudication shall thereafter have the custody 
 and control over her as a feeble-minded person until discharged or transferred from 
 said institution. The proceedings for the adjudication of any such person as feeble- 
 minded shall conform to those provided in that behalf by said act creating the Pacific 
 Colony. Any such person so adjudicated to be feeble-minded may, by order of the 
 board of trustees of said institution, be transferred to said Pacific Colony or other 
 institution provided by the state for the care of the feeble-minded, Avith the consent 
 of the governing board of such latter institution and upon such transfer such governing
 
 Act 640, §§ 15-20 GENERAL LAWS. S14 
 
 board shall have the same authority and control over such person as theretofore pos- 
 sessed by the board of trustees of the institution created by this act. 
 
 Discharge on expiration of maximum term. 
 
 (c) Any person committed to said institution under sections eight or nine hereof 
 shall in any case be discharged therefrom upon the expiration of the maximum period 
 for which she has been committed to said institution unless she has been theretofore 
 adjudged to be feeble-minded as hereinbefore provided. 
 
 Parole. 
 
 § 15. The board of trustees shall have the right to parole any inmate of the institu- 
 tion at such time and upon such terms as it may deem wise and to recall such parole in 
 its discretion and to retake her into custody of the institution. The board of trustees 
 shall have the power to employ parole agents for the purpose of affording protection, 
 assistance and guidance to women on parole. 
 
 Sale of articles. Employment of inmates. 
 
 § 16. (a) The said institution may manufacture or raise for sale supplies or pro- 
 duce for use in any state institution, and the board of trustees may in their discretion, 
 pay to any inmate producing or assisting in the production of such article the proceeds, 
 or a part of the proceeds, of the sale thereof. The board of trustees shall also have 
 the power to employ inmates in actual work in the institution and to fix their compen- 
 sation, if any, therefor and to pay the same at such times and in such manner as the 
 board of trustees may see fit. 
 
 Disposition of moneys received from sales. 
 
 (b) All moneys received from the sale of articles of any description, supplies or 
 produce as provided in section sixteen, subdivision (a) of this act, shall be paid to the 
 state treasurer, to be placed in the contingent fund to the credit of the said institu- 
 tion for its use. 
 
 Penalty for aiding in escape. 
 
 § 17. Any person who aids in or connives at the escape of any inmate from said 
 institution, or in or at her eluding of pursuit in case she has escaped or her parole has 
 been recalled, or in or at any breach of her parole, shall be guilty of a misdemeanor and 
 shall, upon conviction, be punished by a fine of not less than one hundred dollars or 
 more than one thousand dollars, or by imprisonment in the county jail for not less 
 than three months or more than one year, or by both fine and imprisonment. 
 
 Fees of court officers. 
 
 $ 18. In all proceedings relating to commitments under this act the fees and com- 
 pensation of the sheriff and other officers of the court shall be such as are allowed by 
 law for like proceedings and services in criminal cases. 
 
 Proclamation by governor. 
 
 $ 19. When said institution is ready for the admission of women thereto, the board 
 of trustees thereof shall certify such fact to the governor, who shall make due procla- 
 mation thereof, and thereupon, but not before, sections eight and nine hereof shall 
 become effective. 
 
 State commission in lunacy not to supervise. 
 
 § 20. The California industrial farm for women, its inmates, trustees, officers, em- 
 ployees and property, shall be exempt from the operation of chapter one, title five, 
 part three, of the Political Code, and free from the supervision, inspection or control 
 of the state commission in lunacy.
 
 315 CALlFOKAlA A.SO OREGOiV RAILROAD. Acts <i48-(;5K 
 
 Appropriation. 
 
 § 21. There is hereby appropriated out of any money in the state treasury not 
 otherwise appropriated the sum of one hundred fifty thousand dollars for the purposes 
 of this act, and the controller of the state is hereby directed, on requisition of the 
 board of trustees, duly audited by the state board of control, to draw his warrant on 
 the state treasurer in favor of said board of trustees for any moneys duly appropri- 
 ated to meet any expenditures under this act. 
 
 CHAPTER 42. 
 
 CALIFORNIA AND OREGON RAILROAD COMPANY. 
 
 CONTENTS OF CHAPTER. 
 ACT 648. Giving Effect to Act of Congress. 
 
 GIVING EFFECT TO ACT OF CONGRESS. 
 
 ACT 648 — An act giving effect to the act of Congress relating to the California and 
 Oregon Railroad Company. 
 
 History: Approved March 30, 1868, Stats. 1867-68, p. 655. 
 
 This act was in effect both an expressed gress of July 25, 1866, and a grant of a 
 consent of the state to the grants made to franchise to construct, maintain and operate 
 the railroad company by the act of con- its railroad and telegraph lines in the state. 
 
 CHAPTER 43. 
 
 CALIFORNIA PACIFIC RAILROAD COMPANY. 
 
 CONTENTS OF CHAPTER. 
 ACT 653. Grant of Eights and Privileges. 
 
 GRANT OF RIGHTS AND PRIVILEGES. 
 ACT 653 — An act granting certain rights and privileges to California Pacific Railroad 
 Company. 
 
 History: Approved March 30, 1868, Stats. 1867-68, p. 671. 
 
 Tliis Tvas a ratification and confirmation privileges as to the building' and malnten- 
 
 of the grant of April 24, 1858, of a half mile ance of bridges across the Sacramento river 
 
 of water front on Napa bay or the Carquinez at or near Sacramento, and at or near 
 
 straits, made to the San Francisco and Knights landing. 
 
 Marysville Railroad Company, to the Call- Toll bridge over Carquinez strait, not per- 
 
 fornia Pacific Railroad Company, its sue- mitted, see Kerr's Cyc. Political Code, { 2872. 
 cessor, as well as a grant of additional 
 
 CHAPTER 44. 
 
 CALIFORNIA PIONEERS. 
 
 CONTENTS OF CHAPTER. 
 ACT 658. Memorial Monument at Donner Lake. 
 
 MEMORIAL AT DONNER LAKE. 
 ACT 658 — An act making an appropriation to assist in the erection of a monument to 
 the memory of the pioneers of California, near Donner Lake, Nevada county, state 
 of California, and providing for the payment thereof. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1367 
 Thin act appropriated five thousand dollars for the purpose indicated. 
 
 CALIFORNIA POLYTECHNIC SCHOOL. 
 
 See tit. ''Schools."
 
 Act «70. g§ l-2Vi 
 
 GI^MCRAL LAWS. 
 
 816 
 
 CHAPTER 45. 
 
 CALIFORNIA REDWOOD PARK. 
 References: See tits. "Highways," "Parks." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 670. Management. Commission. 
 672. Enlargement of Pabk. 
 
 MANAGEMENT, COMMISSION. 
 ACT 670 — An act providing for the management of the California Redwood Park and 
 creating a board of five commissioners with power to manage said California Red- 
 wood Park. 
 
 History: Approved February 6, 1911. Stats. 1911, p. 8. Amended 
 April 5, 1013. In effect August 10, 1913. Stats. 1913, p. 19. Former 
 acts, for the creation and management of the California Redwood Park, 
 approved March 16, 1901, Stats. 1901, p. 517, which was superseded by 
 the act approved March 25, 1903, Stats. 1903, p. 424, which was in turn 
 superseded by the present act. 
 
 Redwood Park commission. 
 
 ^ 1. The governor of the state of California shall appoint four commissioners, who 
 with himself, shall constitute the California Redwood Park commission. The term 
 of office of the members of said commission shall be four years from and after the 
 date of their appointment. The commission shall select from its members a president 
 and secretary. The members of the commission shall serve without compensation. 
 They shall be allowed and paid out of the funds available therefor, all reasonable 
 traveling expenses which may be incurred by the members of said commission in the 
 performance of their various duties. 
 
 Powers. Warden. 
 
 § 2. The said California Redwood Park commission shall have full power and con- 
 trol over the said park and over any and all funds provided for the care, preservation, 
 maintenance, and improvement of the same and shall make and enforce all necessary 
 rules and regulations for the care, preservation, maintenance and improvement of the 
 same, and shall have power to employ a warden and necessary assistants for the 
 preservation of said park and for any and all purposes herein specified. The compen- 
 sation of such warden and his assistants shall be fixed by the said commission. The 
 compensation of the warden, however, shall not exceed the sum of one thousand five 
 hundred dollars per annum. 
 
 Commission may accept gifts. 
 
 $ 21/2. The said California Redwood Park commission shall have the right, power 
 and authority to receive and accept, either in the name of said commission or in the 
 name of the people of the state, by gift, devise, grant or other conveyance, real prop- 
 erty or any interest therein, including water, water rights, roads, trails and rights of 
 way, to be added to or used in connection with said California Redwood Park; also to 
 receive and accept, by gift, donation, contribution, or bequest, money to be used in 
 acquiring or improving real estate as a part of or in connection with said California 
 Redwood Park; also to receive and accept personal property in the same manner for 
 purposes connected with said park; also to acquire by purchase, or by condemnation 
 proceedings brought either in the name of said California Redwood Park commission 
 or in the name of the people of the state of California, such real and personal property 
 as shall be necessary or proper for the extension, improvement or development of said
 
 31T CALIFORNIA SCHOOL FOR GIRLS. Act «72, §§ 1-3 
 
 California Redwood Park. [New section approved April 5, 1913. Stats. 1913, p. 19. 
 In effect August 10, 1913.] 
 
 Repeal of inconsistent acts. 
 
 $ 3. All acts or parts of acts inconsistent with the provisions of this act, are herebj 
 repealed. 
 
 Time of taking effect. 
 
 § 4. This act shall take effect immediately. 
 
 The act of 1901 appropriated $250,000 for appropriated |10,000 for management pur- 
 the purchase of the Big Basin situated in poses. 
 Santa Clara county; and the act of 1903 
 
 ENLARGEMENT OF PARK. 
 
 ACT 672 — An act providing for the enlargement of the California Redwood Park, 
 
 making an appropriation for the purchase of additional land therefor, and granting 
 
 power to the California Redwood Park commission to purchase the same. 
 
 History: Approved May 28, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1281. 
 
 Appropriation : enlargement of California Redwood Park. 
 
 § 1. The sum of one hundred fifty thousand dollars, or so much thereof as may be 
 necessary, is hereby appropriated out of any money in the state treasury not otherwise 
 appropriated, and which shall be used for the purchase by the California Redwood 
 Park commission of land contiguous to the California Redwood Park suitable for the 
 enlargement of said park. Said appropriation shall be available at the rate of fifteen 
 thousand dollars a year. 
 
 Power of park commission to purchase land. 
 
 § 2. The California Redwood Park commission shall have the power to purchase said 
 land, or any portion thereof, as in its judgment shall seem most suitable for an addition 
 to and enlargement of said California Redwood Park, considering the protection of said 
 California Redwood Park from forest fires, and the conserving of the headwaters of the 
 streams draining said California Redwood Park, and of the stand of timber or trees 
 of the species known as Sequoia sempervirens on said lands to be purchased; or it may 
 proceed by action at law to condemn the same, or any portion thereof. 
 
 Examination of abstracts of title. 
 
 $ 3. No payment of any part of said sum shall be made until an abstract or abstracts 
 of title shall have been furnished to the attorney genei-al of the state of California, 
 showing that the lands purchased, and the whole thereof, are free from any valid liens 
 or encumbrances thereon, and it is hereby made the duty of the said attorney general to 
 examine said abstract or abstracts of title and render and deliver to said commission 
 his opinion in writing, certifying that no valid liens or encumbrances exist thereon 
 and that the title to said lands, and the whole thereof, is good and valid. Said 
 opinion of the attorney general, together with said abstract or abstracts of title shall 
 be filed in the office of the secretary of state. 
 
 CHAPTER 46. 
 
 CALIFORNIA SCHOOL FOR GIRLS. 
 
 References: See tits. "California Industrial Farm"; "California State Reformatory"; 
 "Juvenile Court"; "Parole of Prisoners"; "Preston School of Industry"; "Whittier 
 State School." 
 
 CONTENTS OF CHAPTER. 
 ACT 676. State Traimng School fob Girls.
 
 &ct 676, §§ 1-6 GENKRAL LAWS. 318 
 
 TRAINING SCHOOL FOR GIRLS. 
 ACT 676 — An act to esta'blish a state training school for girls; to provide for the main- 
 tenance and management of the same, and to make an appropriation therefor. 
 
 History: Approved June 14, 1913. In effect August 10, 1913. Stats. 
 1913. 857. Amended April 12, 1915. In effect August 8, 1915. Stats. 
 1915, p. 53; May 14, 1917. lu effect July 27, 1917. Stats. 1917, p. 473. 
 
 California school for girls. 
 
 § 1. There is hereby established a state training school for the confinement, disci- 
 pline, and instruction of such girls as may be committed to it by law, to be known as 
 the California school for girls. 
 
 Trustees. Vacancies. 
 
 $ 2. The government and management of said school shall be vested in a board of 
 five trustees, who shall be appointed by the governor for a term of four years and 
 until their successors are appointed and qualified; provided, that of the trustees fii'st 
 appointed two shall be for a term of four years, one for a term of three years, one for 
 a term of two years and one for a term of one year, commencing within thirty days 
 after this act becomes effective. "Whenever a vacancy occurs the appointment to fill 
 the same shall be made by the governor for the remainder of the term. Such trustees 
 shall receive no compensation for their services, but shall be allowed their reasonable 
 traveling and other ofiicial expenses. 
 
 Officers of board of trustees. 
 
 $ 3. The board of trustees shall elect annually a president, a vice president and a 
 secretary, whose terms of office shall be one year or until their successors are elected 
 and qualified. No one but a member of the board shall be elected president or vice 
 president thereof. The board shall appoint a superintendent, not of their own number, 
 who shall be a woman qualified by traning and experience for the character of work 
 to be done at this school, and fix her salary at not to exceed three thousand six hun- 
 dred dollars per annum. Such superintendent shall hold ofiice at the pleasure of the 
 board. [Amendment of May 14, 1917. In effect July 27, 1917. Stats. 1917, p. 474.] 
 
 This section was also amended April 12, 1915, Stats. 1915, p. 53. 
 
 Eules and regulations. 
 
 5 4. The board of trustees shall make all needful rules and regulations for the 
 transaction of its business and for the management and government of said school. 
 It shall determine the number, title and duties of all other officers and employees, and 
 fix the salaries thereof. It shall see that discipline is maintained and that proper 
 education is provided, to the end that those committed to its chaise shall be prepared 
 to become honorable, self-supporting members of society. It is authorized and 
 required to make all contracts for the operation and maintenance of said school that 
 may be necessary, subject to the limitations prescribed by law. 
 
 Not to be interested in contract. 
 
 § 5. No trustee or employee of such school shall be interested personally, directly 
 or directly, in any contract, purchase or sale made, or any business carried on in 
 behalf of, or for such institution, and any money so paid on such contracts or sales 
 may be recovered by civil suit, and it shall be the duty of the governor or the board 
 of trustees, as the case may be, upon proof of the fact of such interest, to remove imme- 
 diately such trustee or employee. 
 
 Superintendent's bond, duties, etc. 
 
 § 6. The superintendent shall, before entering upon the discharge of her duties, 
 make and file with the board of trustees an oath that she will faithfully and imjjar-
 
 319 CALIFORNIA SCHOOL FOR GIRLS. Act 676, §§ 7-11 
 
 tially discharge the same, and file a bond in the sum of ten thousand dollars running 
 to the state of California, and with sureties to be approved by said board, conditioned 
 upon the faithful performance of her said duties. She shall thereupon, subject to the 
 regulations prescribed by the board, be invested with the custody of the lands, build- 
 ings and all other property belonging to and under the control of said school, subject to 
 the direction of said board, and shall account to it in such manner as it may require 
 for all property entrusted to her and all moneys received by her as such superin- 
 tendent, for said school or any of its inmates. She shall appoint, except as herein- 
 before provided, all officers and employees of said school, who shall hold office at her 
 pleasure. 
 
 Bond of oflBcers. 
 
 § 7. The board of trustees shall require such officers as may be entrusted with 
 money belonging to the school or its inmates, or as may be placed in a position of 
 trust and responsibility in the custody of property, or in the handling of supplies 
 belonging to the school, to give bond with sureties to be approved by the board, in su^h 
 sum as it may determine, conditioned upon the faithful performance of the duties 
 required, and the faithful accounting for all money and property coming into their 
 hands or under their control, by virtue of such office. 
 
 Conduct of school. 
 
 $ 8. The board of trustees shall cause said school to be conducted as may seem best 
 calculated to carry out the intentions of this act. There shall be organized a course of 
 study corresponding as far as practicable with the course of studj' in the public schools 
 of the state. There shall also be provided in said school the proper facilities and 
 equipment for vocational training such as domestic science, dressmaking, horticulture, 
 agriculture and such business instruction as may be practicable for women, and such 
 in.struction and training given to each and every inmate committed to said school to 
 the end that every inmate may, upon discharge, be qualified for honorable and profit- 
 able employment. 
 
 Superintendent to reside at school. 
 
 § 9. The superintendent shall reside at the school and shall be furnished suitable 
 quarters, furniture, food supplies, and laundry for herself and family. The board may 
 make similar provision for such other officers and employees as the interests of the 
 school may require to reside on the premises. 
 
 Commitments. 
 
 $ 10. The said school shall receive into its custody all girls who may be committed 
 to it in accordance with law. 
 
 Merit system. Parole. 
 
 $ 11. There shall be established in said school a system of marking based upon 
 merit or attainments and general conduct, by which any girl committed hereto may 
 work out her way to parole and honorable discharge. When, in the opinion of the 
 superintendent, a girl, according to the regulations, has earned the right to a parole, 
 a reputable home or place of employment shall be provided for her, where she may be 
 employed and earn an honorable living, and said superintendent shall then recommend 
 her to the board for parole, which shall grant it if deemed for her welfare, under such 
 conditions as the board may deem best. This parole shall continue until she has 
 proved her ability for honorable self-support, whereupon she shall be discharged. Any 
 girl. Avho, while on parole, violates the conditions thereof, may be returned to the 
 school.
 
 Act 676, §§ 12-17 GENERAL. LAWS. 320 
 
 Girls incapable of reformation. 
 
 $ 12. Any girl committed to said school who after due trial, is in the opinion of the 
 superintendent, incapable of reformation, or so moi'ally deficient as to render her 
 detention detrimental to the interests of said school, or who has misrepresented her 
 age to the court which committed her, or has been previously convicted of a felony 
 may be returned to the committing court, and said court may thereupon revoke the 
 previous judgment committing her to said institution and resume proceedings where 
 the same were suspended when such commitment was made. 
 
 Aiding inmate to escape. 
 
 § 13. Any person who knowingly permits or aids any inmate to escape from said 
 school, or conceals her with the intent of enabling her to elude pursuit, shall be guilty 
 of a misdemeanor. Any fugitive from said school, or from the parties with whom she 
 has been placed on parole, may be arrested and returned to said school by any person, 
 upon written order of said superintendent. 
 
 Commission on location. Appropriation. 
 
 $ 14. A commission consisting of the state engineer and four members to be 
 appointed bj' the governor, is hereby created, and it shall, as soon as practicable, with 
 the approval of the board of control, establish a location for said school, purchase a 
 site therefor to consist of not less than one hundred acres of good agricultural land, 
 and the state department of engineering shall, in conformity to law, erect, construct 
 and equip the necessary buildings therefor. For the purposes of paying the expenses 
 of the provisions incun-ed by this act there is hereby appropriated out of the state 
 treasury' the sum of two hundred thousand dollars, one-half of which shall be available 
 immediately after this act becomes effective, and one-half available January 1st, 1914. 
 
 Trustees to have control of girls' department at Whittier. 
 
 § 15. Immediately after this act becomes effective, or as soon thereafter as a major- 
 ity of the persons appointed as trustees shall have qualified and organized the said 
 board, it shall take possession of and assume the control and management of the 
 girls' department of the Whittier State School, and the board of trustees of the 
 Whittier State School shall turn over to the board of trustees of the California 
 school for girls hereby created, the custody and management of said girls' depart- 
 ment, including the buildings now occupied by, and all property, records and papers 
 now used by or belonging to, said girls' department or any of its inmates. When the 
 said school for girls is located and the buildings constructed ready for occupancy, the 
 board of trustees of said school for girls shall remove all girls from the said girls' 
 department of the Whittier State School, whereupon all buildings and property, except 
 such personal property as has been purchased for the express use of the girls, shall 
 revert to the Whittier State SehooL. 
 
 Controller's warrant. 
 
 § 16. The controller of the state is hereby directed on requisition of said board, duly 
 audited by the state board of control, to draw his warrant on the state treasurer in 
 favor of said board for any moneys duly appropriated to pay for the necessary expendi- 
 tures in the establishment and maintenance of said school, and the said treasurer is 
 directed to pay the same from the appropriations provided therefor. 
 
 Construction of act. Pay to inmates authorized. 
 
 ^ 17. This act shall be construed in conformity with the intent as well as the express 
 provisions thereof, and shall confer upon the board authority to do all those lawful 
 acts which it deems necessary to promote the prosperity of the school and the well 
 being and education of its inmates, including the organization of trade schools, pur-
 
 !■. 
 
 321 CALIFORNIA STATE REFORMATORY, (Let 681, §§ 1-2 
 
 chase of materials for use therein, the doing of all other things, not prohibited, which 
 are required to carry out the purposes of this act. The board is further authorized to 
 pay those committed to said school small weekly or monthly sums in lieu of clothing 
 and other necessary articles, if in its judgment, such a course would better promote 
 discipline and training. Nothing herein contained, however, shall permit said board to 
 incur any indebtedness in excess of the appropriations allowed by law for the estab- 
 lishment of said school. 
 
 Girls' department at Whittier superseded. 
 
 § 18. It is the purpose of this act that the school hereby established shall supersede 
 and supplant the girls' department of the Whittier State School and that all commit- 
 ments of girls authorized by law shall be made to the California School for Girls, but 
 girls so committed shall be kept under the control of the said California School for 
 Girls at the present girls ' department of the Whittier State School until the school pro- 
 vided for by this act is ready for the reception of girls. 
 
 The amending act of May l4, 1917, contained the following: 
 
 Penalty for aiding escapes. 
 
 § 2. Any person who knowingly perihits or aids any inmate of the California School 
 for Girls to escape therefrom or conceals her with the intent of enabling her to elude 
 pursuit, shall be guilty of a misdemeanor. Any fugitive from said schdol, or from the 
 parties with whom she has been placed on parole, may be arrested and returned to 
 said school by any person, upon the written order of the superintendent thereof. 
 
 Pensions for teachers in California School for Girls, see, post. Act 4550b. 
 
 CHAPTER 47. 
 
 CALIFORNIA STATE REFORMATORY. 
 
 References: See tits. "California Industrial Farm"; "California School for GfrlB*; 
 "Parole of Prisoners"; "Preston School of Industry"; "Whittier State SchooL" 
 
 CONTENTS OF CHAPTER. 
 
 ACT 681. "California State Eeformatory" Act. 
 
 682. Arrest op Escaping Inmates, Power of OFncEES. 
 ^ 683. Control and Management of Napa Land. 
 
 "CALIFORNIA STATE REFORMATORY." 
 ACT 681 — An act to establish the California State Reformatory; to provide for pur- 
 chase of land therefor; and the construction of buildings and other improvements in 
 connection therewith; to provide for the commitment and transfer of prisoners 
 thereto and therefrom; to provide for the equipment, conduct and management 
 thereof; and to make an appropriation therefor. 
 
 History: Approved April 24, 1911, Stats. 1911, p. 1088. 
 
 California State Reformatory. 
 
 § 1. There is hereby established a reformatory for the confinement, discipline and 
 instruction of prisoners committed thereto as hereinafter provided, to be known as the 
 California State Reformatory. 
 
 Who may be sent to reformatory. Penal Code, section 1588, not applicable. 
 
 $ 2. Any male person not less than sixteen and not more than thirty years of age at 
 the time of sentence, convicted of felony for the first time may be sentenced to con- 
 finement in said reformatory, when in the judgment of the court said person is capable 
 of reformation and said sentence is compatible with the general welfare, and the sen- 
 tence shall designate the minimum and maximum term prescribed by law for the par- 
 Gen. I^aws — 21
 
 I 
 
 Kct 681, §g 3-7 GISXKRAL LAW'S. 322 
 
 ticular offense, but shall fix no other term; provided, however, that if no TninimiiTn is 
 fixed bj' law the court shall fix a minimum of one year. The provisions of section 1588 
 of the Penal Code relating to credits for good conduct shall not apply to prisoners in 
 the state reformatory. 
 
 Prison directors to manage. Superintendent. 
 
 $ 3. The state board of prison directors shall manage and maintain said reformatory 
 when ready for occupancy as hereinafter provided. Said board shall employ a super- 
 intendent, who shall be the executive head of said reformatory, and shall establish 
 such other positions as the needs of the service may from time to time require. Such 
 positions shall be filled by the superintendent in the manner provided by law. The 
 board may consolidate or abolish such positions and may fix and change the salaries 
 to be paid. 
 
 Rules. Prisoners examined. 
 
 § 4. The board of prison directors shall establish the rules tinder which the reform- 
 atory shall be conducted for the purpose of reformation of those committed to it; and 
 tshall adopt such methods as the board may deem expedient to restore them to freedom 
 MS self-supporting and self-respecting members of the state. Such rules shall include 
 provision for keeping records of the facts known of each prisoner on entrance and of 
 Ais conduct anS progress at such intervals as the board may fix. Each prisoner on 
 •ntrance shall be thoroughly examined by a competent physician for physical or mental 
 lefects or abnormalities, and shall be provided such physical and surgical treatment 
 is may be necessary to overcome such defects, so far as practicable. 
 
 trades for prisoners. 
 
 § 5. The board of prison directors shall, by rule, establish not less than three grades 
 Eor the prisoners committed to the reformatory, one of which shall be the entering 
 prade. The board shall so far as practicable establish rules by which each prisoner 
 shall be promoted to a higher grade or reduced to a lower grade in accordance with 
 his conduct. 
 
 Parole. 
 
 § 6. The board of prison directors shall make and enforce rules governing the release 
 of prisoners on parole and their conduct while on parole and their final discharge, and 
 it is hereby declared the policy of the law that prisoners in said reformatory shall be 
 given their liberty whenever in the judgment of the said board such release is com- 
 patible with the jDublic welfare, and said prisoner will conform to its rules concerning 
 prisoners on parole and support himself by honest industry; provided, that no prisoner 
 shall be released before the expiration of the minimum term fixed by law for the offense 
 of which he was convicted, but nothing herein contained shall be construed to restrict 
 the power of the governor to pardon any prisoner. 
 
 Return of paroled prisoner whose conduct is not satisfactory. 
 
 § 7. Whenever the governor of the state, the superintendent of said reformatory, or 
 any member of the state board of prison directors is dissatisfied with the conduct of a 
 paroled prisoner he may issue a written order, reciting the commitment and parole of 
 said prisoner and his dissatisfaction with the conduct of said paroled prisoner, and 
 directing his arrest and return to said institution, and said order shall be a sufficient 
 warrant for any parole, probation or peace officer named therein to arrest and deliver 
 said prisoner to any officer of said reformatorj- for return thereto, and it is hereby made 
 the duty of all such officers to execute any such order in like manner as a warrant of 
 arrest for felony. At the next meeting of said board it shall determine whether or not 
 the order by which such prisoner was placed on parole shall be revoked. If any 
 
 1
 
 323 CALIFORNIA STATE REFORMATORY. Act 681, §§ 8-H 
 
 prisoner on parole shall leave the state without permission from said board he shall be 
 held to be an escaped prisoner and shall be arrested as such. 
 
 Final release of prisoner. 
 
 $ 8. The board of prison directors may give a final release to any prisoner who has 
 fulfilled the conditions required of him in the reformatory and upon parole, when in the 
 judgment of the board he is fitted to take his place as a free citizen of the state, and 
 shall have power, by so providing in the order of release, to restore said prisoner to all 
 the rights of citizenship. When any prisoner shall have served the maximum term pro- 
 vided by law for the offense of which he was convicted he shall thereupon be discharged. 
 No petition or other form of application for the parole or release of a prisoner shall be 
 entertained by the board, except the application made by the prisoner himself. 
 
 Incorrigible prisoner may be removed to prison. 
 
 ^ 9. The board of prison directors may establish rules by which any prisoner appear- 
 ing to be incorrigible may be removed to any one of the state prisons. Such prisoner 
 shall serve the maximum term established by law for the offense of which he was con- 
 victed, including the time served in the reformatory, with such deductions for good con- 
 duct during his incarceration in such prison as the law and the rules of the prison may 
 allow. 
 
 Prisoner may be transferred from prison to reformatory. 
 
 § 10. The board of prison directors may transfer from the state prisons to said 
 reformatory any prisoner serving his first term for felony who in their judgment can 
 be reformed and restored to a life of honest industry. Provided, the consent of the 
 prisoner to be bound by the terms of this act, and for the maximum period fixed by law 
 for the offense of which he was convicted unless sooner discharged, shall be first pro- 
 cured in writing. Said prisoner shall thereafter be treated in all respects as though 
 originally committed to said reformatory. 
 
 Prison laws applicable to reformatory. 
 
 § 11. The laws governing the state prisons of this state in relation to expenses of 
 transportation of prisoners to and from the same, escapes, prevention of escapes, sup- 
 pression of riots, revolts, mutinies, or insurrections, and the punishment of crimes com- 
 mitted therein, are hereby made applicable to the reformatory. 
 
 Instruction in reformatory. 
 
 § 12. The discipline of the reformatory shall include instruction in the elementary 
 school courses and in pursuits by which the prisoners may support themselves when 
 released. Said instiniction shall chiefly be given in agriculture and horticulture by the 
 best methods as developed by the University of California and the department of agri- 
 culture of the United States. Instruction in other forms of labor may be established 
 in the discretion of the board of prison directors; provided, that the prisoners shall be 
 distributed among the various trades and employments so that no excessive number be 
 directed to any trade or employment. 
 
 Disposition of products. 
 
 $ 13. Products of said reformatory shall so far as possible be supplied for state, 
 county, municipal, school or other public use, and the reformatory shall collect or be 
 credited with the fair market price therefor. No manufactured product shall be sup- 
 plied, sold, exchanged or given away for private use or profit. 
 
 Probation officers to co-operate in getting employment for paroled prisoners. 
 
 § 14. The probation officers of the state shall co-operate with the state board of 
 prison directors and the state parole officer, in procuring emplo3'ment for and super-
 
 Act 6S1, gg 15-lT GENERAL. LAWS. 324 
 
 vising paroled prisoners and the probation oflBcers of each county shall act as parole 
 
 officer for all prisoners on parole living within the limits of their county, under such 
 general rules as maj' be established by the state board of prison directors and under the 
 supervison of the state parole officer. 
 
 Earnings of prisoners. 
 
 ^ 1"). The board of prison directors raay allow to prisoners such proportion of their 
 earnings above the cost of the maintenance as the board may deem proper. 
 
 Commission to locate reformatory. Purchase of land. Buildings. 
 
 $ 16. A commission consisting of the governor of the state of* California, the lieu- 
 tenant-governor of the state and three other persons, to be selected by the governor of 
 the state, is hereby constituted a commission for the location and construction of said 
 reformatory as hereinafter more particularly provided. Said commission, as soon after 
 the passage of this act as possible, shall select a suitable site for said reformatory of 
 not less than six hundred acres. The said commission is directed to secure land sus- 
 ceptible of irrigation if necessary and suitable for the agricultural and horticultural 
 work to be carried on by the prisoners. When a suitable site is selected by said com- 
 mission they are hereby authorized and empowered to purchase the land so selected, 
 together with water and water rights appertaining thereto, and if necessary shall pur- 
 chase additional water rights or make provision for the development of water for use 
 on said land. The purchase price of said land may be made payable in installments 
 out of the appropriations hereinafter provided, as may be agreed between said commis- 
 sion and the owner or owners of said land. Title to the land shall be taken in the name 
 of the state of California and first payment therefor shall be made at the time of the 
 delivery of deed or deeds by the owner or owners to the governor of the state of Cali- 
 fornia for and on behalf of the state. The said commission shall adopt plans for the 
 fmiJdings to be erected upon said land for said reformatory to accommodate not less 
 than one thousand prisoners, and may employ architects or engineers or both in the 
 preparation of said plans, and in the construction of said buildings. The said commis- 
 sion is authorized to employ and fix the compensation of such free labor and skilled 
 assistants as may be needed in the erection of such buildings and shall so far as possible 
 utilize the labor of prisoners in said construction as hereinafter provided. 
 
 Prisoners to aid in constructing reformatory. Temporary buildings. Supervision of 
 prisoners at work. Compensation of prisoners. Prison directors to provide food, 
 etc. Appropriation. 
 
 ^ 17. The state board of prison directors shall on the request of the said commission 
 furnish a list of not less than one hundred (100) nor more than three hundred (300) 
 prisoners in San Quentin and Folsom state prisons, who would be available for use in 
 the construction of said reformatory. In the selection of such men for said list the 
 board of prison directors shall name those men who are skilled in building and who 
 have shown themselves active and energetic, and so far as possible shall name those 
 who under the rules of the said board of prison directors would be entitled to parole on 
 or before the completion of the buildings of said reformatory, as estimated, and who 
 would be suitable for transfer to said reformatory upon its completion. From this list 
 so submitted as aforesaid, the state board of prison directors shall designate those to be 
 employed in constructing the buildings of said reformatory, and upon such designation 
 said board of prison directors shall cause to be transported to the location selected for 
 said reformatory said prisoners in such numbers and at such times as may be required 
 by said commission. Temporary' buildings may be erected for housing said prisoners 
 while engaged in said work of construction. The state board of prison directors is 
 authorized and directed to employ a superintendent and necessary guards while engaged
 
 325 CALIFORMA STATE REFORMATORY. Act CS2, § 1 
 
 in said construction and particularly to have charge of them during the hours they are 
 not actually engaged upon the buildings of the said reformator}-. 
 
 During the hours that said prisoners are actually engaged in work of construction of 
 said building they shall be under the supervision and direction of those oflScers and 
 foremen employed by said commission to erect said buildings. At any time during the 
 progress of said work, prisoners engaged therein who have shown themselves unfit to 
 work under the conditions herein provided, shall be returned to the state penitentiary 
 on orders of the board of prison directors, and any prisoner who makes his escape from 
 such employment shall be returned to the state prison from which he was originally 
 transferred. The state board of prison directors shall have the same jurisdiction to 
 parole prisoners engaged in this work as any other prisoners in any other state prison, 
 and shall make such rules concerning their custody and discipline while engaged in 
 said work as may be necessary. 
 
 The state board of prison directors may fix the compensation to be paid to said 
 prisoners for their work while constructing said buildings, not to exceed twenty-five 
 cents per day, such money to be paid to said prisoners upon their parole or final dis- 
 charge, from the money hereinafter appropriated, unless the board declares said amount 
 forfeited by bad conduct. 
 
 The state board of prison directors shall provide the necessary food, clothing and 
 transportation for said prisoners while engaged in said work, to be paid upon their 
 order by the state board of examiners from the moneys herein appropriated for the con- 
 struction of said reformatory buildings. 
 
 There is hereby appropriated for the purpose of carrying into effect the provisions of 
 this law the sum of one hundred and fifty thousand dollars; five thousand dollars to be 
 available Jvdy 1, 1911, and one hundred and forty-five thousand dollars to be available 
 July 1, 1912. 
 
 Governor to publish proclamation when reformatory is ready to receive prisoners. 
 
 Termination of commission. 
 
 § 18. Whenever the buildings are so far completed as in the judgment of said com- 
 mission to be available to receive prisoners committed by the court, a proclamation to 
 that effect shall be published by the governor and thereafter the courts may commit 
 prisoners to the said reformatory in the manner hereinafter provided, and during the 
 progress of said work shall be treated in the same manner as the prisoners transferred 
 by [from] the state prisons as herein provided ; 
 
 Provided, further, that on January 1, 1915, the commission hereinbefore provided 
 shall terminate. Thereupon the state board of prison directors shall take charge of said 
 reformatory and be vested with the powers hereinbefore conferred upon the said com- 
 mission, and thereafter all further construction and expenditure shall be under their 
 direction and control. 
 
 $ 19. This act shall take effect immediately. 
 
 ARREST OF ESCAPING INMATES. 
 
 ACT 682 — An act relating to the powers and privileges of ofiicers and employees of 
 
 state reformatories in arresting pupils who have escaped or been rescued therefrom. 
 
 History: Approved May 5, 1915. In effect August 8, 1915. Stats. 
 1915, p. 357. 
 
 Officers of reformatories may arrest escaped pupils. 
 
 § 1. The ofiicers and employees of the state reformatories shall have the powers 
 and privileges of peace officers in so far as it inay be necessarj- to exercise such i)owers 
 and privileges for the purpose of arresting pupils who have escaped or been rescued 
 from a state reformatory^
 
 Acts 6S3, 692 GENERAL. LAWS. 826 
 
 COXTROL AND MANAGEMENT OF NAPA LAND. 
 
 ACT 683 — An act providing for the control and management of a tract of land owned 
 
 by the state of California and situated in the county of Napa, in said state. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 250. 
 
 Board of control to manage land in Napa county. 
 
 $ 1. The board of control of the state of California is hereby authorized and directed 
 to take charge of, manage and farm for the use and benefit of the state and its institu- 
 tions, all of the certain tract of land with all improvements and appurtenances thereto 
 attached, and formerly known as the * ' Fry Ranch, ' * which said tract of land is situated 
 near the town of Rutherford in the county of Napa, state of California, and being that 
 certain property purchased by the state under the provisions of an act of the legisla- 
 ture of the state of California entitled: "An act to establish the California State 
 Reformatory; to provide for the purchase of land therefor and the construction of 
 buildings and other improvements in connection therewith; to provide for the commit- 
 ment and transfer of prisoners thereto and therefrom; to provide for the equipment, 
 conduct and management thereof; and to make an appropriation therefor," approved 
 April 24. 1911. 
 
 Use of water. 
 
 § 2. Said board of control shall have power to take and conduct therefrom for the 
 use and benefit of the state of California such quantity of water as may be determined 
 by the state engineer to be necessary for the use of the Veterans' Home at Yountville 
 and the Napa State Hospital, both in the county of Napa, and to acquire rights of 
 way by purchase, lease or condemnation for such purpose. 
 
 Use for agricultural purposes. 
 
 ^ 3. In carrying out the provisions of this act the board of control shall have power 
 if it shall be deemed advisable, to co-operate with the governing board of any state 
 institution for the purpose of utilizing said property for agricultural or horticultural 
 purposes or as a stock or dairy farm and to transfer to and maintain upon said property 
 any stock cattle, cows, or other animals now owned or hereafter acquired by any of 
 such institutions and to distribute to such institutions by arrangement therewith the 
 product of said property or of the animals maintained thereon. 
 
 Prisoners, etc., not to be kept on property. 
 
 § 4. From and after the passage of this act, no person shall be committed by any 
 court to imprisonment or confinement upon said property in the county of Napa, and 
 no prisoner from any state prison or reformatory, and no patient from any state 
 hospital for the insane, shall be transferred to, kept, housed or retained upon said 
 property by the state board of control, or by the superintendent or governing officer 
 or board of any such institution. 
 
 CHAPTER 48, 
 
 CALIFORNIA STATUTES, INDEX TO. 
 
 CONTENTS OF CHAPTER. 
 ACT 692. CoMPii^TioN, Publication, and Distribution. 
 
 COMPILATION, PUBLICATION AND DISTRIBUTION. 
 ACT 692 — An act providing for the publication of an index of the laws of California, 
 and making an appropriation therefor. 
 
 History: Approved May 23, 1919. In effect July 23, 1913 [1919]. 
 Stats. 1919, p. 926. Former acts on same subject. Act of March 18, 
 1907, Stats. 1907, p. 572; March 11, 1S03, Stats. ]S93, p. 150. 
 
 ^1
 
 327 CAHFORNIA VOLUNTEERS. Acta 696. 702 
 
 Index to laws of California. 
 
 § 1. The legislative counsel is hereby directed to prepare for publication and the 
 superintendent of state printing is hereby directed to print, bind and distribute in 
 accordance with the directions hereof, two thousand copies of an index of the con- 
 stitution and laws of this state, including the laws enacted by the legislature at its 
 forty-third session. 
 
 Distribution. 
 
 § 2. One copy of said index shall be distributed to each member of the legislature and 
 to each state officer, and the balance of the copies printed shall be offered for sale to 
 the public at a price sufficient to cover the cost of publication and distribution, all 
 receipts to be paid into the state treasury. 
 
 Appropriation. 
 
 $ 3. Out of any money in the state treasury not otherwise appropriated, there is 
 hereby appropriated the sum of six thousand dollars to carry out the provisions hereof. 
 
 CHAPTER 49. 
 CALIFORNIA VOLUNTEERS. 
 
 CONTENTS OF CHAPTER. 
 ACT. 696. Eevision of Eecords Or. 
 
 REVISION OF RECORDS. 
 ACT 696 — An act to provide for the revision of the records of the California volunteers, 
 to authorize the adjutant-general to employ additional clerks for that purpose, and 
 to authorize the superintendent of state printing to print, bind and issue the same. 
 
 History: Approved March 16, 1889, Stats. 1889, p. 228. 
 Tbc nature of tliia act appears from its title. 
 
 CALIPATRIA. 
 
 See Act 3094, note. 
 
 CALISTOGA. 
 
 See Act 3094, note. 
 
 CHAPTER 50. 
 
 CANALS. 
 
 References: Drainage, canalization of rivers, etc., see tits. "Drainage Districts"; "Sac- 
 ramento and San Joaquin Drainage District." 
 
 Fish screens in canals, see Kerr's Cyc. Penal Code, § 629. 
 
 Malicious injury to, or taking water from canals, see Kerr's Cyc. Penal Code 
 §§ 592, 607. 
 
 Opening private ways for canals, see Kerr's Cyc. Political Code, § 2692. 
 
 Procedure for highway crossings, see Kerr's Cyc. Political Code, § 2694. 
 
 CONTENTS OF CHAPTER. 
 ACT 702. Sacramento Irrigation and Navigation Canal Company. 
 
 SACRAMENTO IRRIGATION AND NAVIGATION CANAL COMPANY. 
 ACT 702— An act to develope the agricultural interests and to aid in the construction 
 of a canal for the purposes of irrigation and inland trade in the counties of Colusa, 
 Yolo, and Solano. 
 
 History: March 26, 1866. Stats. 1865-66, p. 451.
 
 Acts 700-714 GENERAL LAWS. S2S 
 
 This act provided for the organization of of Madera v. Madera Irr. Dist., 159 Cal. 749, 
 
 a canal company to construct an irrigation 754, 115 Pac. 936. 
 
 and navigation canal from the Sacramento Incorporation of canal companies. — St» 
 
 river at a point near the county line of Kerr's Cyc. Civil Code, §§ 283-410. 
 
 Colusa and Tehama counties to Cache creek Rlelit-s, duties and obliKatlona of canal 
 
 in Solano county. companies. — See Kerr's Cyc. Civil Code, 
 
 Duty of canal ovvner to construct and §§ 54S-552, and 1410b. 
 maintain klshivay and other crossings: City 
 
 CHAPTER 51. 
 
 CAPITOL. 
 
 References: Rules for government of capitol, see Kerr's Cyc. Political Code, 1 717. 
 State Capitol Commissioners, see Kerr's Cyc. Political Code, § 366. 
 Superintendent, clerks, engineers and other employees, see Kerr's Cyc. Political 
 
 Code, §§ 716, et seq. 
 Sale of intoxicating liquor in, see Kerr's Cyc. Penal Code, § 172. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 709. Salary and Duties of Janitob. 
 
 710. Drinking Fountains. 
 
 712. State Capitol Bonds. 
 
 713. Permanent Employees. 
 
 714. Eepair of Capitol Building. 
 
 715. Decoration of Eotunda. 
 
 716. State Capital Planning Commission. 
 
 SALARY AND DUTIES OF JANITOR. 
 ACT 709 — An act fixing the salary of the janitor of the state capitol "building, defining 
 his duties, and making an appropriation therefor. ^., 
 
 History: Approved February 27, 1893, Stats. 1893, p. 46. 1 
 
 DRINKING FOUNTAINS. ^ 
 
 ACT 710 — An act making an appropriation for establishing and maintaining drinking 
 
 fountains in the state capitol grounds at Sacramento. 
 
 History: Became a law under constitutional provision without gov- 
 ernor's approval, March 15, 1901. Stats. 1901, p. 298. 
 
 STATE CAPITOL BONDS. 
 ACT 712 — An act authorizing the issuance of state bonds to the amount of $250,000, to 
 be known as state capitol bonds of 1872. (Approved March 28, 1872. Stats. 1871- 
 
 1872, p. 694.) 
 
 History: Approved March 28, 1872, Stats. 1871-72, p. 694. 
 
 PERMANENT EMPLOYEES. 
 
 ACT 713 — An act authorizing the appointment of certain permanent employees of the 
 
 state capitol, and fixing their compensation. 
 
 History: Approved March 30, 1874, Stats. 1873-74, p. 937. Amended 
 April 16, 1880, Stats. 1880, p. 107; March 20, 1889, Stats. 1889, p. 449. 
 
 Superseded In part. — See Kerr'a Cyc. Po- As to duties and salary of janitor, see, ante, 
 Iltical Code, §§ 718. 719. If it is in force at Act 709. 
 all, only the provision as to janitor remains. 
 
 REPAIR OF CAPITOL BUILDING. 
 ACT 714 — An act authorizing and directing the board of state capitol commissioners to 
 remodel and repair the state capitol building, making the same fireproof, rendering 
 aU space therein available, and making an appropriation therefor. 
 
 History: Approved March 18, 1905, Stats. 1905, p. 177.
 
 329 CAPITOL. Acts 715, 716, §§ 1-3 
 
 DECORATION OF ROTUNDA. 
 
 ACT 715 — An act providing for the decoration of the rotunda on the main or ground 
 
 floor of the state capitol huilding and making an appropriation therefor. 
 
 History: Approved May 20, 1913. In effect August 10, 1913. Stats. 
 1913, p. 237. 
 
 STATE CAPITAL PLANNING COMMISSION. 
 ACT 716 — An act to provide for the appointment of a state capital planning commis- 
 sion to formulate plans for the capital city of the state and to confer with the city 
 planning commission of the state capital city. 
 
 History: Approved June 12, 1915. In effect August 11, 1915. Stats. 
 1915, p. 1514. 
 
 State capital planning commission created. 
 
 5 1. There shall be a state capital planning commission composed of the governor, 
 and state librarian, ex officio members and three members to be appointed by the gov- 
 ernor, at least one of whom shall be a recognized expert in the planning of cities and 
 towns. Appointive members of this commission shall serve without pay and shall hold 
 office in the first instance for terms respectively for two years, four years, and six 
 years and until their successors have been appointed and qualified. Their successors 
 shall serve for terms of six years each and appointment to fill a casual vacancy shall 
 be only for the unexpired portion of the term. Three shall be a quorum. They may 
 make and alter rules and regulations for their own procedure consistent with the laws 
 of the state. They shall consider all matters in city planning affecting the future needs 
 of the state and the relation of the state plans to those of the capital city. 
 
 Powers and duties. 
 
 § 2. They shall confer and advise with the city planning body of the capital city 
 concerning all matters affecting the metropolitan district in and about the said capital 
 city and for a distance within fifteen miles outside the corporate limits of the said city. 
 They shall make recommendations to the governing bodies of all political units within 
 this area and to the governor with regards to all matters of interest to the state in and 
 concerning its capital city with reference to its system of roads, boulevards and 
 thoroughfares, street railway systems, smoke prevention, parks, parkways and play- 
 grounds, water supply, sewage and sewage disposal, collection and disposal of garbage, 
 civic centers, or of other natural or artificial physical features of the district, and of 
 location proposed by it for any new or enlarged thoroughfares, street railway system., 
 union depot, parks, parkways, playgrounds, water supply system, sewers, sewage dis- 
 posal plant, garbage disposal plant and civic centers, or any other public improvement 
 that will affect the character of the district as a whole, to political units within the 
 district. It may make recommendations to the state, city or district governmental 
 authorities, from time to time concerning any such matters or things aforesaid for 
 action by the respective legislative, administrative or governing bodies thereof. In so 
 doing they shall have regard for the present conditions and future needs and growth of 
 the district, and the distribution and relative location of all the principal and other 
 streets and railways, waterways, and all other means of public travel and business com- 
 munication, as well as the distribution and relative location of all public buildings, 
 public grounds and open spaces devoted to the public use, and the planning and laying 
 out for urban uses of private grounds brought into the market from time to time. 
 
 Report. 
 
 ^) 3. The state capital planning commission shall make an annual report to the gov- 
 ernor which the secretary of the state shall cause to be jjrinted as a public document and
 
 Acts 717-721 GENERAL LAWS. 330 
 
 copies of this report shall be filed with each and every governing body in the district 
 under supervision. 
 
 Permanent location of the state capital. Toll bridge over Carqainex straits, not 
 
 — See act of February 25, 1854, Stats. 1854, permitted. — See Kerr's Cyc. Political Code, 
 
 p. 7, and constitution, article XX, § 1. § 2872. 
 
 War memorial room in capitol building.— Railroad bridge — See, ante. Act 653. 
 S«>e, post, Act 5465a. 
 
 CARMEL-BY-THE-SEA. 
 
 See Act 3094, note. 
 
 CHAPTER 52. 
 
 CARQUINEZ STRAITS. 
 
 CONTENTS OF CHAPTER. 
 ACT 717. Disposition of Certain Property. 
 
 ACT 717 — An act providing for the disposition of certain property. 
 
 History: Approved April 21, 1851, Stats. 1851, p. 305. Amended 
 April 24, 1917. In effect July 27, 1917. Stats. 1917, p. 193. 
 
 CHAPTER 53. 
 
 CEMETERIES. 
 References: Cemetery corporations, in general, see Kerr's Cyc. Civil Code, §§ 608, etseq. 
 Defacing tombs, etc., see Kerr's Cyc. Penal Code, § 296. 
 Disinterment, in connection with the preservation of the public health, see post 
 
 Act 3677. 
 Disinterment without authority of law, see Kerr's Cyc. Penal Code, §§ 290, et seq. 
 Interment, in connection with vital statistics, see post Act 5446. 
 Interment in cities, see Kerr's Cyc. Penal Code, § 297. 
 Soldiers and sailors, care and preservation of bodies of deceased, see tit, "Soldiers 
 
 and Sailors." 
 Streets through cemeteries, opening, see tit. "Streets." 
 
 Unlawful mutilation or removal of dead bodies, see Kerr's Cyc. Penal Code, §§290, 
 291. 
 
 CONTENTS OF CHAPTER. 
 ACT 720. Protection of Bodies of Deceased Persons. 
 
 721. Disinterment. 
 
 722. Removal From Cemeteries in Cities. 
 
 724. Cemetery Districts. 
 
 725. Execution of Deeds by Cemetery Corporations. 
 
 726. Incorporation of Rural Cemetery Associations. 
 
 727. Same. Supplementary Act. 
 
 PROTECTION OF BODIES OF DECEASED. 
 ACT 720 — To protect the bodies of deceased persons and public graveyards. (Stats. 
 1854, p. 20.) 
 
 History: Passed February 16, 1854, Stats. 1854. p. 20. Superseded 
 as to §§1 and 2, by the Penal Code. See Kerr's Cyc. Penal Code, 
 §§ 290, 296. 
 Liocation on public lands. — Graveyards lo- Still In force. — Sections 3 and 4 of this 
 
 cated on public lands not to contain more act are apparently in force, 
 than five acres (§3). Superseded in part. — See Kerr's Cyc. Penal 
 
 Public graveyard. — Where six or more Code, §§ 290, et seq. fl 
 
 persons buried (§ 4). 9 
 
 DISINTERMENT. 
 ACT 721 — An act to protect public health from infection caused by exhumation and 
 removal of the remains of deceased persons. 
 
 History: Approved April 1, 1878. Stats. 1877-78, p. 1050. Amended 
 March 13. 1889, Stats. 1889, p. 139; April 5, 1917. In effect July 27, 
 1917. Stats. 1917, p. 36. 
 
 i
 
 331 CEMETERIES. Act 721, §§ 1-5 
 
 Disinterring of bodies unlawful witlxout permit. 
 
 § 1. It shall be unlawful to disinter or exhume from a grave, vault, or other burial 
 place, the body or remains of any deceased person, unless the person or persons so 
 doing shall first obtain, from the board of health, health officer, mayor, or other head of 
 the municipal government of the city, town, or city and county where the same are 
 deposited, a permit for said purpose. Nor shall such body or remains disinterred, 
 exhumed, or taken from any grave, vault, or other place of burial or deposit, be removed 
 or transported in or through the streets or highways of any city, town, or city and 
 county, unless the person or persons removing or transporting such body or remains 
 shall first obtain, from the board of health or health officer (if such board or officer 
 there be), and from the mayor or other head of the municipal government of the city or 
 town, or city and county, a permit, in Avriting, so to remove or transport such body or 
 remains in and through such streets and highways. 
 
 Provisions for disinterring remains. 
 
 $ 2. Permits to disinter or exhume the bodies or remains of deceased persons, as in 
 the last section, may be g^ranted; provided, the person applying therefor shall produce 
 a certificate from the coroner, registrar, the physician who attended such deceased per- 
 son, or other physician in good standing cognizant of the facts, which certificate shall 
 state the cause of death or disease of which the person died, and also the age and sex 
 of such deceased ; and provided, further, that the body or remains of deceased shall be 
 inclosed in a metallic case or coffin, scaled in such manner as to prevent, as far as 
 practicable, any noxious or offensive odor or effluvia escaping therefrom, and that such 
 case or coffin contains the body or remains of but one person, except where the infant 
 children of the same parent or parents, or parent and children are contained in such 
 ease or coffin. And the permit shall contain the above conditions and the words 
 
 "Permit to remove and transport the body of age , sex 
 
 ," and the name, age, and sex shall be written therein. [Amendment of 
 
 April 5, 1917. In effect July 27, 1917. Stats. 1917, p. 36.] 
 
 Misdemeanor. 
 
 $ 3. Any person or persons who shall disinter, exhume, or remove, or cause to be 
 disinterred, exhumed, or removed, from a grave, vault, or other receptacle or burial 
 place, the body or remains of a deceased person, without a permit therefor, shall be 
 guilty of a misdemeanor and be punished by a fine not less than fifty nor more than five 
 hundred dollars, or by imprisonment in the county jail for not less than thirty days 
 nor more than six months, or by both such fine and imprisonment. Nor shall it be 
 lawful to receive such body, bones, or remains on any vehicle, car, barge, boat, ship, 
 steamship, steamboat, or vessel for transportation in or from this state, unless the 
 permit to transport the same is first received, and is retained in evidence by the owner, 
 driver, agent, superintendent, or master of the vehicle, car, or vessel. 
 
 Transportation of bodies exhumed without permit — Misdemeanor. 
 
 ^ 4. Any person or persons who shall move or transport, or cause to be moved or 
 transported, on or through the streets or highways of any city or town, or city and 
 county, of this state, the bodj' or remains of a deceased person, which shall have been 
 disinterred or exhumed without a permit, as described in section 2 of this act, shall be 
 guilty of a misdemeanor, and be punishable as provided in section 3 of this act. 
 
 Reward for information. 
 
 § 5. Any person who shall give information to secure the conviction of any person or 
 persons for the violation of the provisions of this act shall be entitled to receive the 
 sum of twenty-five dollars, to be paid from the fund collected from fines imposed and 
 accruing under this act.
 
 Acts 732, 724, g 1 
 
 GENERAL. LAWS. 
 
 Removal of remains of deceased persons. 
 
 $ 6. Nothing in this act contained shall be taken to apply to the removal of the 
 remains of deceased persons from one place of interment to another cemetery or place 
 of interment within this state ; provided, that no permit shall be issued for the disinter- 
 ment or renewal of any body, unless such body has been buried for one year or more, 
 without the written consent of the mayor, chairman of the board of supervisor, or city 
 council of any municipality of the state. [Amendment approved March 13, 1889. Stats. 
 1889, p. 130. In effect immediately.] 
 
 § 7. This act shall take effect and be in force from the thirtieth day after its passage 
 and approval. 
 
 1. Construction — Protection of thickly 
 populated centers. — The act is aimed in the 
 main only at protecting the inliabitants of 
 the more thickly populated portions of the 
 state, to wit the inhabitants of cities, towns, 
 and cities and counties, from the dangers 
 from exhumation and transportation of dis- 
 interred bodies of deceased persons. — Ex 
 parte John, 17 Cal. App. 58, 118 Pac. 722. 
 
 2. County ordinance of San Mateo county 
 requiring permit for disinterment, based on 
 certificate of health officer, and payment of 
 a ten-dollar fee, held a valid ordinance and 
 
 not in conflict with state law. — Ex parte 
 Lee John, 17 Cal. App. 58, 118 Pac. 722. 
 
 3. Repeal of code provision The act does 
 
 not repeal section 290, Penal Code, making it 
 a felony to disinter a dead body without 
 authority of law. — People v. Dalton, 58 Cal. 
 226. 
 
 Disinterment In cities having a population 
 of more than five thousand (fifteen hundred) 
 and not exceeding one hundred thousand. — 
 See, post. Act 722. 
 
 Prohibition of interments In the limits of 
 municipalities. — See, post, Act 726, notes. 
 
 REMOVAL FROM CEMETERIES IN CITIES. 
 ACT 722 — Providing for the removal of human remains from cemeteries in cities having 
 a population of more than five thousand [fifteen hundred] and not exceeding one 
 hundred thousand. 
 
 History: Approved March 23, 1893, Stats. 1893, p. 234. 
 March 26, 1895, Stats. 1895, p. 157. 
 
 Amended 
 
 City council to provide for removal of remains in certain cases. 
 
 ^ 1. The city council of any city in this state having' a population of more than 
 fifteen hundred and not exceeding one hundred thousand, may, by ordinance duly 
 passed, and under such lawful rules and regulations which it may adopt, provide for the 
 exhuming, taking up, and removal from cemeteries within the boundary lines of such 
 city, or from cemeteries owned and controlled by such city that may have been located 
 without its boundaries (and in which such cemeteries no interments of human remains 
 have been made for a period of not less than two years), of all the human remains 
 interred in such cemeteries. [Amendment of March 26, 1895. Stats. 1895, p. 157.] 
 
 Minimum. — The original act fixed the 
 minimum population at 5000. 
 
 The con.stitutionality of the foregoing 
 statute may be considered in connection 
 with: Darcy v. Mayor, etc., 104 Cal. 642, 
 38 Pac. 500; Marsh v. Supervisors, etc.. Ill 
 Cal. 368, 370, 43 Pac. 975; Ex parte Giam- 
 bonini, 117 Cal. 573, 574, 49 Pac. 732; Kerr's 
 Cyc. Penal Code, § 290; Kerr's Cyc. Political 
 Code. §3027; People v. Dalton, 58 Cal. 226. 
 
 As to municipal control dedication to 
 cemetery or other purposes, or enforcing re- 
 moval of bodies, see San Francisco v. Cana- 
 van, 42 Cal. 541, 554; "Weisenberg v. Truman, 
 58 Cal. 63. 
 
 Disinterment. — See, ante. Act 721. 
 
 Prohibition of interments in aianlcipal 
 limits. — See, post. Act 726, notes. 
 
 PUBLIC CEMETERY DISTRICTS. 
 ACT 724 — An act to provide for public cemetery districts. 
 
 History: Approved March 6, 1909, Stats. 1909, p. 156. 
 
 Amended 
 
 April 5, 1911, Stats. 1911, p. 605. 
 Organization of. 
 
 § 1. Whenever a board of county supervisors shall receive the petition of a raajoritj- 
 of the electors enumerated upon the great register as residing within a district in such 
 
 d
 
 ^33 CEMETERIES. Act 7:15, §g 1-a 
 
 county, definitely described in such petition, requesting that the said district be organ- 
 ized as a public cemetery district, they shall organize such public cemetery district as 
 provided in this act. 
 
 Trustees. Term. 
 
 $ 2. Such public cemeterj' district shall be managed by three trustees, appointed by 
 the board of supervisors from the electors residing therein; but if a majority of the 
 resident electors shall, in their petition, designate the names of the trustees whom they 
 shall desire to be appointed, the board of supervisors shall appoint for the first term, 
 the persons so named. The trustees shall hold office for four years, and their suc- 
 cessors shall be appointed in the same manner as other appointments are made by said 
 board. [Amendment approved April 5, 1911. Stats. 1911, p. 605.] 
 
 Duties of trustees. 
 
 $ 3. Such cemeterj' trustees shall maintain a cemetery for the use of all inhabitants 
 of the district, and for that purpose shall be capable of holding title to property in trust 
 for the district, taking property by grant, gift, devise or any other method, and doing all 
 acts necessary or proper for managing the affairs of the district, including the selling 
 or leasing of burial lots. 
 
 Tax levy for. 
 
 $ 4. The said cemetery trustees may annually certify to the county board of super- 
 visors the amount of money necessary to be raised by taxation for maintaining the 
 cemetery of the district, and the board of county supervisors shall thereupon include 
 in the annual tax levy a tax upon all the property within such cemetery district, suffi- 
 cient to raise the amount demanded by the trustees, but not exceeding two mills on 
 each dollar of assessed valuation within the district. 
 
 Fund, how expended. 
 
 § 5. The tax so collected, together with all other moneys received by the trustees 
 shall be paid into the county treasury, and constitute a separate fund to be expended 
 solely for the purposes of the cemetery district upon warrants signed by not less than 
 two of the cemetery trustees. 
 
 Report of trustees. 
 
 § 6. The trustees shall as soon after the first day of July in each year as is prac- 
 ticable, file with the county board of supervisors a report, setting forth all their doings 
 during the preceding year, and containing an itemized account of all their receipts and 
 disbursements up to and including the thirtieth day of June, together with proper 
 vouchers therefor. 
 
 Rules and regulations. 
 
 ^ 7. The trustees shall make proper rules and regulations for the management of the 
 cemeteries under their control, and all laws now in existence relating to cemeteries, 
 and not inconsistent with this act shall apply to the cemeteries provided for in this act. 
 
 EXECUTION OF DEEDS BY CEMETERY CORPORATIONS. 
 ACT 725 — To provide the manner of execution of deeds by cemetery corporations. 
 History: Approved March 26, 1895, Stats. 1895, p. 75. 
 ^ 1. All deeds or conveyances executed by cemetery associations or incorporations 
 within this state, shall be executed in the name of the corporation or association, under 
 the seal thereof, by the president, or vice president, and secretary thereof. 
 
 ^ 2. All acts and parts of acts in conflict with this statute, in so far as they conflict 
 with the same, are hereby repealed. 
 
 ^ 3. This act shall take effect and be in force from and after its passage.
 
 Act 7::6, g§ 1-3 GE^ilCRAL LAWS. ^3^ 
 
 RURAL CEMETERY ASSOCIATIONS. 
 
 ACT 726 — An act to authorize the incorporation of rural cemetery associations. 
 History: Approved April 18, 1859, Stats. 1859, p. 281. Amended 
 January 13, 1864, Stats. 1863-64, p. 12; March 31, 1891, Stats. 1891, 
 p. 264; April 24, 1911, Stats. 1911, p. 1009. Supplemented March 1, 
 1899, Stats. 1899, p. 36. See, post, Act 727. 
 
 Who may incorporate. 
 
 § 1. Any number of persons residing in this state, not less than seven, who shall 
 desire to form an association for the purpose of procuring and holding lands, to be used 
 exclusively for a cemetery or place for the burial of the dead, may meet at such time 
 and place, as they, or a majority of them may agree, and appoint a chairman, or secre- 
 tary, by a vote of the majority of the persons present at the meeting, and proceed to 
 form an association, by determining on a corporate name, by which the association shall 
 be called and known, by determining on the number of trustees, to manage the concerns 
 of the association, which number shall not be less than six, nor more than twelve, and 
 thereupon may proceed to elect, by ballot, the number of trustees, so determined on, 
 and the chairman and secretary shall, immediately after such election, divide the trus- 
 tees, by lot, into three classes; those in the first class to hold their office one year; 
 those in the second class, two years; and those in the third class, three years; but the 
 trustees of each class may be re-elected, if they shall possess the qualifications here- 
 inafter mentioned. The meeting shall also determine on what day, in each year, the 
 future annual elections of trustees shall be held. 
 
 Certificate signing, acknowledging, and filing. 
 
 § 2. The chairman and secretary of the meeting shall within three days after such 
 meeting, make a written certificate, and sign their names thereto, and acknowledge the 
 same before an oflScer authorized to take proof and acknowledgment of conveyances, in 
 the county where such meeting shall have been held, which certificate shall state the 
 names of the associates determined upon by the majority of the persons who met; the 
 number of trustees fixed on to manage the concerns of the association ; the names of the 
 trustees chosen at the meeting, and their classification, and the day fixed on for the 
 annual election of trustees; which certificate it shall be the duty of the chairman and 
 secretary of such meeting to cause to be filed and recorded in the oflflce of the county 
 clerk of the county in which the cemetery grounds are situated, in a book to be appro- 
 priated to the recording of certificates of incorporation. 
 
 Powers of association. 
 
 $ 3. Upon such certificate, duly acknowledged and filed as aforesaid, being recorded, 
 the association mentioned therein shall be deemed legally incorporated, and shall be a 
 body politic and corporate, in fact and in name, by the name stated in the certificate, 
 and by their corporate name, have succession and power: 
 
 First — To sue and be sued in any court. 
 
 Second — To make and use a common seal, and alter the same at pleasure. 
 
 Third — To purchase, hold, sell, and convey, such real and personal estate as the pur- 
 poses of the incorporation shall require. 
 
 Fourth — To appoint such officers, agents, and servants, as the business of the corpo- 
 ration shall require, to define their powers, prescribe their duties, and fix their com- 
 pensation. 
 
 Fifth — To require of them such security as may be thought proper for the fulfilment 
 of their duties, nnd to remove them at will, except that no trustee shall be removed 
 from office unless ' ' a vote of two-thirds of the whole number of trustees, or by a vote 
 of a majority of the trustees, on a written request, signed by one-half of the lot owners. 
 
 Sixth — To make by-laws not inconsistent with the laws of this state, for the organiza- 
 tion of the company, the management of the property, regulation of its affairs, and for
 
 335 CEMETERIES. Act 726, §§ 4-6 
 
 carrying on all kinds of business within the object and purposes of the company. The 
 affairs and property of such associations shall be managed by the trustees, who shall 
 annually appoint, from among their number, a president and vice president, and shall 
 also appoint a secretar^'^ and treasurer, who shall hold their places during the pleasure 
 of the board of trustees, and the trustees may require the treasurer to give security foi* 
 the faithful performance of the duties of his office. 
 
 Purchase of property. Survey and map. 
 
 $ 4. Am' association incorporated under this act, may take, by purchase or devise, 
 and hold, within the county in which the certificate of their incorporation is recorded, 
 not exceeding three hundred and twenty acres of land, to be held and occupied exclu- 
 sively for a cemetery for the burial of the dead. Such land, or such parts thereof as 
 may from time to time be required for that purpose, shall be surveyed and subdivided 
 into lots or plats of such size as the trustees may direct, with such avenues, paths, 
 alleys, and walks, as the trustees deem proper; and a map or maps of such surveys 
 shall be filed in the office of the county recorder of the county in which the land shall 
 be situated. And after filing such map, the trustees may sell and convey the lots or 
 plats designated upon such map, upon such terms as shall be agreed upon, and subject 
 to such conditions and restrictions, to be inserted in or annexed to the conveyances, as 
 the trustees shall prescribe. The conveyances to be executed under the common seal of 
 the association, and signed by the president or vice president, and the treasurer of the 
 association. Any association incorporated under this act may hold personal property 
 to an amount not exceeding five thousand dollars, besides what may arise from the sale 
 of lots or plats. 
 
 Election. 
 
 $ 5. The annual election of trustees, to supply the place of those whose term of office 
 expires, shall be holden on the day mentioned in the certificate of incorporation, and at 
 such hour and place as the trustees shall direct; at which election shall be chosen such 
 number of trustees as will supply the places of those whose term expires. The trustees 
 chosen at any election subsequent to the first, shall hold their places for three years, 
 and until others shall be chosen to succeed them. The election shall be by ballot, and 
 every person of full age, who shall be the proprietor of a lot or plat in the cemetery of 
 the association, containing not less than two hundred square feet of land, or if there be 
 more than one proprietor of any such lot or plat, then such one of the proprietors as 
 the majority of joint proprietors shall designate to represent such lot or plat, may, 
 either in person or by proxy, give one vote for each plat, or lot, of the dimensions afore- 
 said ; and the persons receiving a majority of all the votes given at such election, shall 
 be trustees, to succeed those whose term of office expires. But in all elections after the 
 first, the trustees shall be chosen from among the proprietors of lots, or plats, and the 
 trustees shall have power to fill any vacancy in their number occurring during the 
 period for which they hold their office. Public notice of the annual elections shall be 
 given in such manner as the by-laws of the corporation shall prescribe. 
 
 Report. 
 
 § 6. The trustees, at each annual election, shall make reports to the lot proprietors 
 of their doings, and of the management and condition of the property and concerns of 
 the association. If the annual election shall not be held on the day fixed in the cer- 
 tificate of incorporation, the trustees shall have power to appoint another day, not 
 more than sixty days thereafter, and shall give public notice of the time and place at 
 which time the election shall be held, with like effect as if holden on the day fixed on 
 in the certificate. 
 
 The office of the trustees chosen at such time, to expire at the same time as if they 
 had been chosen at the day fixed by the certificate of incorporation.
 
 Act 72C, §§ 7-10 GENERAL LAAVS. 336 
 
 Purchase of land. Issuance of bonds. Proceeds of sales, how appropriated. 
 
 $ 7. After its formation in the manner provided in the preceding section, the cor- 
 poration shall proceed to purchase suitable grounds for the proposed cemetery, and 
 to the vendor thereof they are authorized to issue the bonds of the corporation for the 
 amount of the purchase monej^, bearing interest not exceeding the rate of twelve per 
 centum per annum, but payable out of sixty per centum of the proceeds of the ceme- 
 tery, as the same shall be realized, and not otherwise. Sixty per centum at least of the 
 proceeds of all sales of lots, plats, or graves, shall be first appropriated to the payment 
 of the said bonds and interest aforesaid, payable at least once in three months to the 
 bondholders, until all are paid, and the residue thereof to be used in preserving, 
 improving, and embellishing the said cemetery grounds and the avenues or roads lead- 
 ing thereto, and to defraying the incidental expenses of the cemetery establishment, and 
 after payment of the purchase money and interest aforesaid, and all debts contracted 
 therefor, and for surveying and laying out the land, the proceeds of all future sales 
 shall be appropriated to the improvement, embellishment, and preservation of such 
 cemetery, and for incidental expenses, and to no other purpose or object ; provided, that 
 any association incorporated under this act by the members of the Order of Free and 
 Accepted Masons, the Independent Order of Odd Fellows, or by the members of any 
 other benevolent or charitable society in the city and county of San Francisco, may 
 apply the surplus or net income of such cemetery association to the board of relief or 
 other committee established by such order or society for the purposes of charity. 
 [Amendment of January 13, 1864. Stats. 1863-G4, p. 12.] 
 
 Vandalism and punishment for. 
 
 § 8. Any person who shall wilfully destroy, mutilate, deface, injure, or remove, any 
 tomb, monument, gravestone, building, or other structure, placed in any cemetery of 
 any association incorporated under this act, or any fence, railing, or other work, for the 
 protection or ornament thereof, or of any tomb, monument, or gravestone, or other 
 structure aforesaid, or of any plat or lot within such cemetery, or shall wilfully destrov, 
 cut, break, or injure, any tree, shrub, or plant, within the limits of such cemetery, shall 
 be deemed guilty of a misdemeanor, and such offender shall also be liable in an action 
 of trespass, to be brought, in all such cases, in the name of such association, to pay all 
 such damages as shall have been occasioned by his unlawful act, or acts. Such money, 
 when recovered, shall be applied, by the trustees, to the reparation, or restoration of 
 the property so destroyed, or injured. 
 
 Embellishing. 
 
 § 9. Any association incorporated pursuant to this act, may take and hold any prop- 
 erty, real or personal, bequeathed, or given upon trust, to apply the income thereof, 
 under the direction of the trustees of such association, for the improvement or embel- 
 lishment of such cemetery, or the erection or preservation of any building, structure, 
 fences, or walks, erected, or to be erected, upon the lands of such cemetery association, 
 or upon the lots, or plats, of any of the proprietors; or for the repair, preservation, 
 erection, or removal of any tomb, monument, gravestone, fence, railing, or other erec- 
 tion, on or around any cemetery, lot, or plat, or for planting, or cultivating trees, 
 shrubs, flowers, or plants, in or around any such lot, or plat, or for improving or 
 embellishing such cemetery, or any of the lots, or plats, in any other manner or form, 
 consistent with the design and purposes of the association, according to the terms of 
 such grant, devise, or bequest. 
 
 Cemetery lands exempt from taxation. 
 
 § 10. The cemetery lands and proi)erty of any association, formed pursuant to this 
 act, shall be exempt from all public taxes, rates, and assessments, and shall not be
 
 33T CEMETERIES. Act 726, §§ 11-13 
 
 liable to be sold on execution, or be applied in payment of debts due from any indi- 
 vidual proprietors. But the proprietors of lots, or plots, in such cemeteries, their heirs, 
 or devisees, may hold the same exempt therefrom, so long as the same shall remain 
 dedicated to the purposes of a cemetery. [Amendment of April 24, 1911. Stats. 1911, 
 p. 1099. In effect immediately.] 
 
 Plats inalienable. Descend to heirs at law on death. 
 
 $ 11. Whenever the said land shall be laid off into lots, or plats, and such lots, or 
 plats, or any of them, shall be transferred to individual holders, and after there shall 
 have been an interment in a lot, or plat, so transferred, such lot, or plat, from the time 
 of such interment, shall be forever thereafter inalienable, and shall upon the death of 
 the holder or proprietor thereof, descend to the heirs at law of such holder, proprietor, 
 and to their heirs at law forever; provided, nevertheless, that any one or more of such 
 heirs at law may release, to any other of the said heirs at law, his, her, or their, interest 
 in the same, on such conditions as shall be agreed on and specified in such release, which 
 release shall be recorded with the county recorder of the county within which the said 
 cemetery shall be situated; and, provided further, that the body of anj'^ deceased person 
 shall not be interred in such lot, or plat, unless it be the body of a person having, at 
 the time of such decease, an interest in such lot, or plat, or the relative of some person 
 having such interest, or the wife of such person, or her relative, except by the consent 
 of all persons having an interest in such lot, or plat. 
 
 Former purchasers. 
 
 $ 12. In case the grounds purchased for cemetery purposes, in accordance with sec- 
 tion seven of this act, shall have been used as a cemetery previous to such purchase, 
 then those who are lot owners, at the time of the purchase, shall have, and be entitled 
 to, all the privileges they would be entitled to by purchase from a corporation formed 
 as aforesaid. 
 
 Owner may convey when bodies are removed. 
 
 $ 13. Whenever all the bodies buried in any lot or plot, in this act referred to, shall 
 have been removed therefrom, with the consent of a majority of the board of directors 
 of the corporation owning said cemetery, it shall be lawful for the owners of said lot or 
 plot, with the consent of a majority of said directors, to transfer the same by deed. 
 [New section added March 31, 1891. Stats. 1891, p. 264.] 
 
 1. Con«titutionality — City ordinance. — An but where the place Is remote from human 
 
 ordinance under the police power, prohibit- habitations, or close to but few dwellings, 
 
 ing the purchase or sale of cemetery lots the absolute prohibition of such interments 
 
 for burial purposes within the city, and of is an unreasonable restriction to lawful 
 
 interment except upon lots already pur- business, not fairly justified as a health 
 
 chased for the purpose, is held to be dis- measure, and will not be sustained. — Laurel 
 
 criminative in its operation between per- Hill Cemetery v. San Francisco, 152 Cal. 
 
 sons similarly situated, and is unreasonable 464, 14 Ann. Cas. 1080, 27 L. R. A, (N. S.) 
 
 and void. — Ex parte Bohen, 115 Cal. 372, 36 260. 93 Pac. 70. 
 L. R. A. 618, 47 Pac. 55. Cude commissioners say this act was re- 
 
 '2, Same — City ordinance of San Fran- pealed by the Civil Code, § 288. 
 Cisco prohibiting interments within the city Editor's note: The code commissioners' 
 
 limits, exclusive of places belonging to the opinion as to the repeal of this act by 
 
 United States, is an exercise of the police $ 288, Civil Code, is not without reason, aa 
 
 power, is authorized under the charter, is a comparison of the provisions of the act 
 
 not In conflict with any provision of the with those of the code will show; but that 
 
 present act or any other general law, and the legislature did not think so is mani- 
 
 is valid. — Odd Fellows, etc., Ass'n v. San fest from the fact that they have, even as 
 
 Francisco, 140 Cal. 226, 73 Pac. 987. late as 1911, amended the original act, and 
 
 3. Same — Police power. — Interment In in 1899, supplemented it. — See Kerr's Cyc. 
 city limits, is likely to prove dangerous to Civil Code, §§ 288, and 608, et seq.' 
 the public health, where located in a thickly it may be further noted that this act re- 
 populated community, and may be pro- lates to an "association," and the provisions 
 hibited in the exercise of the police power; of the Civil Code deal exclusively with ceme- 
 
 Gen. Laws — 22
 
 Act 727, §§ 1-5 CENERAL, LAWS. 338 
 
 tery "corporations," and an "association" Is to corporations In general, and the corpora- 
 
 not necessarily a "corporation." Because of tlons to which this act relates are a partlcu- 
 
 the use of certain terms in this act, or for lar kind of corporations, to wit, rural ceme- 
 
 some other reason, the courts might hold tery corporations, and It Is not unreasonable 
 
 that "associations" under this act are "cor- to assume that the legislation intended a 
 
 porations," within the meaning of the Civil particular classification to cover them, and 
 
 Code; but, if so, the code provisions relate that such classification is a reasonable one. 
 
 RURAL CEMETERY ASSOCIATIONS. 
 ACT 727 — An act supplemental to an act entitled ' 'An act to authorize the incorporation 
 of rural cemetery association," approved April twenty-eight, eighteen hundred and 
 fifty-nine, authorizing such association to erect, purchase, or lease buildings and 
 furnaces and other works for cremation of human hodies; also to erect or lease 
 buildings in which shall be entombed only the ashes of cremated dead, to make pro- 
 vision for the care of the burial places and ashes of the dead; also to provide for the 
 cremation of the unclaimed dead and bodies liable, if interred, to spread disease. 
 
 History: Approved March 1, 1899, Stats. 1899, p. 36. See, ante. Act 
 726, and history. 
 
 Cremation associations, rights, privileges, etc. 
 
 § 1. Associations incorporated under the act of which this act is supplementary, 
 shall, in addition to the powers granted by said act, have authority to purchase, lease, or 
 erect buildings and appliances to be used exclusively for the purpose of cremating 
 human bodies, and they may purchase, or lease, and hold land necessary for cremation 
 purposes, or for the erection of eolumbariums for the entombing of the ashes of the 
 cremated, when inclosed in metal or stone or cement vessels, and not otherwise; but 
 no uncremated body shall be interred or placed for any time whatever inside of the 
 walls, or in the walls, of a place where the ashes of the cremated are deposited. 
 
 Care of property. 
 
 § 2. Such associations shall invest their funds and use the proceeds thereof, after 
 current expenses are paid, for the perpetual care of the grounds, lots, buildings, and 
 niches, according to contracts made and to be made with patrons, and in conducting 
 its business such associations shall have the same powers granted by law to corpora- 
 tions in general; provided, they shall have no authority to contract any pecuniary obli- 
 gation whatever, nor shall they have power to levy or collect assessments. 
 
 Municipal authorities may order cremation of unknown or pauper dead. 
 
 § 3. In ease of epidemics or the prevalence of contagious diseases, or otherwise, the 
 proper authorities of any county, city and county, city, or town, may order the un- 
 claimed or unknown dead, and the dead who die in public institutions under the control 
 of any county, city and county, city, or town, and the dead commonly buried at public 
 expense, cremated, and their ashes immured or other^vise preserved in receptacles in 
 eolumbariums, or interred in burial places; and human bodies, and parts of bodies, 
 used in medical or other schools (except specimens to be preserved) shall not be cast 
 into the waters of the state, nor on the ground, nor in receptacles for refuse matter, 
 nor in vaults, nor in sewers, but shall either be buried as deep in the ground as is by 
 law required for dead bodies, or cremated, as in this act provided. But the remains 
 of a person shall not be cremated by compulsion, under the provisions of this section, 
 if he or his family, or any member thereof, or his church or spiritual advisor object*. 
 
 Violation of act a misdemeanor. 
 
 § 4. A violation of any of the provisions of this act is a misdemeanor. 
 § 5. This act shall be in force from, the day of its passage.
 
 330 CENTRAL PACIFIC RAILROAD COMPANY. Acts 790-793 
 
 Crematory fnrnace — Contract of village Formation of corporations — See Kerr's 
 
 for. — See 18 L. R. A. 45. Cyc. Civil Code, §§ 290, 296 and notes. 
 
 La-rrs relating to disinterment. — See, ante, Tliis act authorixed the relocation of the 
 
 acts 721, 722. route from Sacramento, over the Sierra 
 Liability for cremated portion of servant's Nevada mountains to the eastern boundary- 
 body, see 45 L. R. A. 535. of the state, and required the filing of new 
 Same — Requisites to letting; contract for. maps and profiles and authorized the 
 — See 47 I* R. A. 686. amendment of the articles of incorporation 
 
 to conform to the new route. 
 
 CENSUS. 
 See "Municipal Corporations." 
 
 CHAPTER 54. 
 CENTRAL PACIFIC RAILROAD COMPANY, 
 
 CONTENTS OF CHAPTER. 
 
 ACT 790. Eelocation of Route. 
 
 791. State Aid Bond Act. 
 
 792. Franchise Grant. 
 
 793. Incorporation of San .Toaquin Valley Railroad Validated. 
 
 RELOCATION OF ROUTE. 
 ACT 790 — An act authorizing relocation of route of. 
 
 History: Approved April 17, 1863, Stats. 1863, p. 320. 
 
 STATE AID BOND ACT. 
 
 ACT 791 — An act to aid construction of, and to secure the use of the same to this state 
 for military and other purposes. 
 
 History: Approved April 4, 1864, Stats. 1863-64, p. 344. 
 
 1. Bonds— Interest — liiability of state. — amount required under the terms of the 
 The bonds issued under the authority of act to be paid by the company upon breach 
 this act are valid and the state is liable of the contract is not liquidated damages 
 for interest payments in accordance with its but a penalty imposed. — People v. Central 
 terms. — Bank of California v. Dunn, 66 Cal. Pacific Co., 76 Cal. 29, 18 Pac. 90. 
 
 38, 4 Pac. 916. 4. Public messenger. — County treasurer 
 
 2. Interest payments by the state, on the is not a public mesengrer, under the terms 
 bonds issued under the terms of this act, of this act, so as to entitle him to free 
 are not a loan, and the company can not by transportation. — Pflster v. Central Pacific R. 
 repayment, at its option, relieve itself of Co., 70 Cal. 169, 59 Am. Rep. 404, 11 Pac 686. 
 liability to perform its agreement executed 5. State's payment of interest coupons. — 
 in accordance with its provisions. — People This act provided for payment by the state 
 v. Central Pacific Co., 76 Cal. 29, 18 Pac. 90. of the interest coupons on $1,500,000 of cer- 
 
 3. Penalty — Liquidated damages. — The tain bonds of the company, for twenty years. 
 
 FRANCHISE GRANT. 
 
 ACT 792 — An act to aid in carrying out the provisions of the Pacific Railroad and 
 Telegraph Act of Congress. 
 
 History: Approved April 4, 1864, Stats. 1863-64, p. 471. 
 
 Franchise granted for the construction, granted over state lands, and public hlsh- 
 
 maintenance and operation of a railroad ways, 
 and telegraph line, and a right of way 
 
 INCORPORATION VALIDATION. 
 ACT 793 — An act for the relief of the Central Pacific Railroad Company, 
 History: Approved March 20, 1872, Stats. 1871-72, p. 432. 
 
 This act validated the certificate of in- roads under the name of the Central Paclflo 
 
 corporation of the San Joaquin Valley Rail- Railroad Company. 
 road, which consolidated with other rail-
 
 Act 803. §61,2 GENERAL, LAWS. MO 
 
 CERES. 
 
 See Act 3094, note. 
 
 CHAMBERS OF COMMERCE. 
 
 See Kerr's Cyc. Civil Code, ^ 591, et seq. 
 
 CHAPTER 55. 
 CHARITIES AND CORRECTIONS. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 803. State Board of Charities and Corrections Created. 
 
 804. Homes for Dependent Children. 
 
 805. Records of County Hospitals and Alms Houses. 
 
 805a. Maternity Hospitals, Licensing, Inspecting, and Beoulatino. 
 
 806. Registration and Publicity or Charities. 
 
 CREATION OF STATE BOARD. 
 
 ACT 803 — An act to create a state board of charities and corrections, prescribing its 
 
 duties and powers, and appropriating money therefor. 
 
 History: Approved March 25, 1903, Stats. 1903, p. 482. Amended 
 Mav 1, 1911, Stats. 1911, p. 1334; May 26, 1915. In effect August 8, 
 1915. Stats. 1915, p. 847. 
 
 State board of charities created. Women eligible. Vacancies. 
 
 § 1. A state board of charities and corrections is hereby created of six members, to 
 be appointed by the governor, with the advice and consent of the senate, not more 
 than three of whom shall be of the same political party. Such members shall hold 
 office for a period of four years and until their successors are appointed and qualified ; 
 provided, that the terms of the three members who were appointed February 17, 1908, 
 shall expire February 17, 1912, and the other three terms shall expire February 17, 
 1914, and thereafter the terms of three members of said board shall expire on Febru- 
 ary 17th of each even-numbered year. Women may be appointed members of said 
 board or hold any position in the appointment of said board. No person shall be 
 appointed a member, or continue to act as such, while he is a trustee, manager, director, 
 or other administrative officer of an institution, subject to the provisions of this act. 
 Appointments to fill vacancies before the expiration of such terms shall be for the 
 residue of terms in the same manner as original appointments. The governor shall be 
 ex officio a member of said board. [Amendment approved May 1, 1911. Stats. 1911, 
 p. 1334.] 
 
 Expenses allowed. Bond of secretary. Oflace. Meetings. Non-attendance deemed 
 
 resignation. 
 
 ^ 2. The members of said board shall act without compensation, but shall be 
 allowed their actual necessary expenses. The said board may appoint a secretary and 
 such other employees as it may deem necessary to carry out the provisions of this act, 
 and shall determine their salaries. The secretarj' of said board shall execute a bond 
 in the sum of five thousand ($5,000.00) dollars, and take the oath of office prescribed 
 by the Political Code for the executive officers of this state. The board shall provide 
 itself with an office in the city and county of San Francisco. Meetings of the board 
 may be held at such times and in such places in the state of California as said board 
 mav deem fit. It may make such rules and orders for the regulation of its own pro- 
 ceedings, as it may deem necessai-y, and may fix the number of members necessary to 
 constitute a quorum. The failure of a member to attend three consecutive meetings
 
 341 CHARITIES AND CORRECTIONS. Act 803, §§ 3-5 
 
 of said board during any calendar year, unless excused by formal vote of the board, 
 may be construed by the governor as a resignation of said non-attending member. 
 [Amendment of May 26, 1915. In effect August 8, 1915. Stats. 1915, p. 847.] 
 
 This section was also amended May 1, 1911, Stats. 1911, p. 1336. 
 
 Powers and duties. Forms of records. Plans of buildings submitted. 
 
 ^ B. The board is hereby empowered and authorized, and it shall be its duty as a 
 whole, or by committee, or by its secretary, or other agent whom it may authorize, 
 to investigate, examine, and make reports upon the charitable, correctional, and penal 
 institutions of the state, including the state hospitals for the insane, of the counties, 
 cities and counties, cities, and towns of the state, and such public officers as are in 
 any way responsible for the administration of public funds used for the relief or 
 maintenance of the poor. All the persons or officers in charge of or connected with 
 such public institutions, or with the administration of said funds, are hereby required 
 to furnish to the board or its committee or secretary such information and statistics 
 as they may request or require, and allow said board, committee, or secretary free 
 access to all departments of such institutions and to all of their records. In order to 
 secure accuracy, uniformity, and completeness in such statistics and information, the 
 board may prescribe such forms of report and records by the state commission in 
 lunacy regarding the state hospitals for the insane and by such other officers, boards, 
 or institutions as it may deem necessary, and also such forms of registration at all 
 public institutions refen-ed to in this section as it may require. The state commission 
 in lunacy, on behalf of the institutions under its charge, and the officers of all other 
 institutions, and all officers in any way responsible for public funds used for the relief 
 of the poor or the maintenance of any inmates of said public institutions, are hereby 
 required to follow such forms, records, and registration so prescribed; provided, that 
 the intent of this law is that, so far as possible, the board shall make use of the 
 forms of report, record, and registration now obtaining in the state commission of 
 lunacy and other state boards and institutions. All plans of new buildings, or parts 
 of buildings for any of the public institutions coming under provisions of this section, 
 or any additions or alterations in such buildings, shall, before their adoption by the 
 proper officials, be submitted to the board for suggestions and criticisms. [Amendment 
 approved May 1, 1911. Stats. 1911, p. 1335.] 
 
 Attendance of witnesses. Disobedience of subpoena. 
 
 § 4. The board shall have the power to issue compulsory process to compel the 
 attendance of any witness before said board or any member thereof, and to require 
 the production of such books or papers relating to any public institution mentioned 
 in section three of this act as they may deem necessary; provided, that no witness 
 shall be required to attend before said board out of the county in which he resides. 
 Any member of said board shall have power, and he is hereby authorized to administer 
 an oath to any and all witnesses coming before said board, or any member thereof, 
 for examination, and to examine such witness or witnesses in reference to any matter 
 relating to public institutions mentioned in section three of this act appertaining to 
 the inquire' before the board, or said member. Disobedience of a subpoena issued by 
 said board, or refusal to be sworn, or to answer, shall subject such person disobeying 
 or refusing to a forfeiture of one hundred dollars, to be recovered in a civil action 
 brought in a court of competent jurisdiction by said board in its name as plaintiff, 
 the money recovered to be appropriated to the use of said board. 
 
 $ 5. This section was renumbered as section 7; see post. 
 
 Investigate institutions receiving state aid. 
 
 § 5. The board is hereby empowered and authorized, and it shall be its duty as a 
 whole, or by committee, or by its secretary, to investigate, examine, and make reports
 
 Act 804, S 1 GENERAr L,AWS. 342 
 
 upon all institutions or persons receiving any state aid for the care of orphan, half- 
 ori^han, abandoned or dependent children, and may prescribe forms of record thereof 
 to be kept, and require reports thereof. [New section added May 1, 1911. Stats. 
 1911, p. 1336.] 
 
 $ 6. This section was renumbered as section 8, and amended: See post. 
 
 Refusing to furnish information. 
 
 § 6. Any public oflicer, superintendent, manager or person in charge of any said 
 public institution, or with the administration of said funds, who refuses or neglects 
 to furnish said board, its committee or secretary, the information and statistics which 
 they may request or require shall be subject to a forfeiture of fifty dollars, to be 
 recovered as provided in section 4 of this act for disobedience of a subpoena. [New 
 section approved May 1, 1911. Stats. 1911, p. 1336.] 
 
 § 7. This section was renumbered as section 9 : See post. 
 
 Plenary investigation by governor. 
 
 § 7. No provision in this act contained shall in anj' way be construed as preventing 
 the governor of this state from making a plenary investigation in reference to the 
 conduct of any pul)lic institutions under the terms of any act of the legislature of 
 this state. Furthermore, the governor may at any time order an investigation by the 
 board, or by a committee of its members, of the management of the above-named 
 institutions, or any thereof. [Renumbered May 1, 1911. Stats. 1911, p. 1336.] 
 
 ^ 8. This section was renumbered as section 10 : See post. 
 
 Biennial report. 
 
 ^8. Two months prior to each regular session of the legislature, the board shall 
 make a full and complete report to the governor of all its transactions during the 
 preceding two years, showing fully and in detail all expenses incurred and moneys 
 paid out by it, and giving a list of all officers and agents employed, and the actual 
 condition of all institutions under its supervision, with such suggestions as it may 
 deem necessary and pertinent, and with recommendations for legislative and executive 
 action. [Renumbered and amended May 1, 1911. Stats. 1911, p. 1336.] 
 
 Institutions excepted from act. 
 
 $ 9. The provisions of this act shall not apply to the Veterans' Home of California, 
 located at Yountville, Napa county, nor to the Woman's Relief Corps Home at Ever- 
 green, Santa Clara county. [Renumbered May 1, 1911. Stats. 1911, p. 1336.] 
 
 $ 10. All acts and parts of acts in conflict with the provisions of this act are hereby 
 repealed. Renumbered May 1, 1911. Stats. 1911, p. 1336.] 
 
 HOMES FOR DEPENDENT CHILDREN. 
 ACT 804 — An act providing for the supervision and control by the state board of 
 charities and corrections of the placing of dependent children into homes and for 
 the supervision of all societies or organizations engaged in such work and known 
 as children's home finding societies. 
 
 History: Approved April 24, 1911, Stats. 1911, p. 1087. 
 
 Unlawful to place dependent children in homes without permit. 
 
 $ 1. It shall hereafter be unlawful for any organization, society or person to engage 
 in the work of placing dependent children into homes in this state without first obtain- 
 ing a permit therefor, duly executed in writing, from the state board of charities and 
 corrections.
 
 843 CHARITIES AXD CORRECTIOXS. Act 805, §§ 1-3 
 
 Board of charities may investigate societies. 
 
 § 2. The said state board of charities and corrections may investigate, or cause to 
 be investigated, the books, records, and methods of such organizations, societies, or 
 persons, and the disposition of the children coming into their custody; and it may 
 make such rules and regulations as it ma}^ deem best for the government and regu- 
 lation of such societies or persons, and may require such reports as it may desire. 
 
 Permit may be withdrawn. 
 
 $ 3. The said state board of charities and corrections is hereby authorized and 
 empowered to withdraw and cancel any permit to engage in the work of placing 
 children into homes for any failure to observe the rules and regulations established 
 for their government, or the failure to report as required, or for any failure on their 
 part to perform their w»rk as required by the best interests of the state, but no permit 
 shall be canceled or withdrawn without due notice and hearing. 
 
 Misdemeanor to engage in work without permit. 
 
 § 4. It is hereby made a misdemeanor for any person or persons, either as indi- 
 viduals or officers of any association or society, to engage in the work of placing 
 children into homes, or the soliciting of funds therefor, in this state without a permit 
 duly executed in writing by the state board of charities and corrections, authorizing 
 said persons or such association or society to engage therein, or to engage in such 
 work after any permit has been canceled. 
 
 Not applicable to orphan home. 
 
 $ 5. This act shall not be construed as applying to any regularly established orjihan 
 home or any officer or official thereof acting for or on behalf of such home receiving 
 aid from the state for the care of orphans, half -orphans or abandoned children in any 
 effort such institution or its officers may make to procure the adoption into homes or 
 any otficer or official thereof acting for or on behalf of such home of any such children. 
 
 $ 6. This act shall take effect immediately. 
 
 RECORDS OF COUNTY HOSPITALS AND ALMSHOUSES. 
 
 ACT 805 — An act making it the duty of the state board of charities and corrections 
 
 to prescribe forms of record for the use of county hospitals and almshouses, 
 
 county jails and city prisons; and authorizing such board to furnish such records; 
 
 and making the neglect or failure on the part of superintendents and jailers in 
 
 charge thereof to keep such records a misdemeanor. 
 
 History: Approved June 11, 1913. In effect August 10, 1913. Stats. 
 1913, p. 682. 
 
 Form of records for county hospitals, jails, etc. 
 
 $ 1. It is hereby made the duty of the state board of charities and corrections to 
 prescribe forms of record for the use of the superintendents of county hospitals and 
 almshouses, and jailers in charge of county jails and city prisons, in keeping the 
 records of persons received into or discharged from such county hospitals, alms- 
 houses, jails and city prisons. 
 
 Cost of printing. 
 
 $ 2. Books of record for the records so prescribed by said state board of charities 
 and corrections may be printed at the expense of said board and furnished to such 
 county hospitals and almshouses, county jails and city prisons, at the cost thereof. 
 
 Duty of superintendents to keep records. 
 
 § 3. It shall be the duty of the superintendent in charge of any such county hospital 
 or almshouse and the jailer in charge of any such jail or city prison to keep the
 
 Acts S05a, S0«, § X GENERAL. LAWS. 344 
 
 records prescribed by the state board of charities and corrections as fully and com- 
 pletely as possible, and any such superintendent or jailer who neglects and fails to 
 keep the records thus prescribed shall be guilty of a misdemeanor. 
 
 MATERNITY HOSPITALS. 
 
 ACT 805a — An act to provide for the licensing, inspecting and regulating of maternity 
 
 hospitals or lying-in asylums, and institutions, boarding-houses and homes for 
 
 the reception and care of children, by the state board of charities and corrections, 
 
 and providing a penalty for the violation of the provisions of this act. 
 
 History: Approved April 23, 1913. In effect August 10, 1913. Stats. 
 1913, p. 73. 
 
 License for maternity hospitals. 
 
 §1. No person, association, or corporation shall hereafter* maintain or conduct in 
 this state any maternity hospital or lying-in asylum where females may be received, 
 cared for or treated during pregnancy, or during or after delivery; or any institution, 
 boarding-house, home or other place conducted as a place for the reception and care 
 of children, without first obtaining a license or permit therefor, in writing, from the 
 state board of charities and corrections, such permit or license once issued to continue 
 until revoked for cause after a hearing. 
 
 Rules for government. 
 
 § 2. The state board of charities and corrections is hereby authorized to issue 
 licenses or permits to persons or associations to conduct maternity hospitals, lying-in 
 asylums, or homes for children, as provided in section one of this act, and to prescribe 
 the conditions upon which such licenses or permits shall be granted, and such rules 
 and regulations as it may deem best for the government and regulation of maternity 
 hospitals, lying-in asylums and institutions, boarding-houses, or homes for the recep- 
 tion and care of children, and said board is further authorized, by one or more of 
 its members, secretary, or duly authorized representative, to inspect and report upon 
 the conditions prevailing in all such institutions. 
 
 Penalty. 
 
 § 3. Any person who maintains or conducts, or assists in maintaining or conducting 
 as manager or officer, any maternity hospital, lying-in asj'lum, or any institution, 
 boarding-house, home or other place conducted as a place for the reception and care 
 of children, or who keeps at any such place any child under the age of twelve years, 
 not his relative, apprentice or ward, without first having obtained a license or permit 
 therefor in writing, as provided in section one of this act, shall be punished upon 
 conviction by imprisonment in the county jail for not more than one year, or by a 
 fine not to exceed five hundred dollars, or both a fine and imprisonment may be imposed 
 at the discretion of the court. 
 
 REGISTRATION AND PUBLICITY OF CHARITIES. 
 
 ACT 806 — An act making provision for registration of and for publicity concerning 
 
 the affairs of any charity for the support of which an appeal is made to the pubUcv 
 
 and prescribing penalties for violation of the provisions hereof. 
 
 History: Approved May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1356. 
 
 Registration of charities 
 
 $ 1. In any county or city and county in this state it shall be unlawful to make any 
 appeal to the public for a charity either by soliciting donations or subscriptions or by 
 promoting any bazaar, sale or exhibition, or by any similar means, unless the charity 
 is registered with the county board of public welfare. 
 
 J
 
 345 CHARTERS. Act Slo, g 1 
 
 Information given. 
 
 5 2. For the purposes of this act, any charity may be registered with the county 
 board of public welfare upon the giving of such infonnation in respect to the conduct 
 of its affairs as may be necessary to enable the board properly to investigate the char- 
 ity. If the board of public welfare approves or disapproves of the proposed appeal 
 to the public in a particular case, such approval or disapproval with the reasons there- 
 for shall be entered in a separate book with the records of the board, and shall be open 
 to public inspection. Such an approval shall not be deemed a guarantee or endorse- 
 ment as to the proper conduct of the affairs of a charity, but it is hereby authorized for 
 the purpose of making such information available to the public whenever an appeal is 
 made. 
 
 Registration with hoard of supervisors. 
 
 ^ 3. In any county or city and county in which there is no board of public welfare, 
 the registration herein provided for shall be made with the board of supervisors, and 
 this board shall exercise the powers and duties hereby conferred or imposed upon the 
 board of public welfare. 
 
 Penalty. 
 
 § 4. Any person, firm or corporation violating any of the provisions of this act is 
 guilty of a misdemeanor. 
 
 Exceptions. 
 
 $ 5. The provisions of this act shall not apply to the solicitation of gifts, contri- 
 butions or donations for religious purposes; or for the specific personal aid of any 
 particular individual or individuals; or for the meeting of extraordinary emergencies or 
 calamities where time is of the essence of merited succor and relief. 
 
 License for charitable entertainments — See Kerr's Cyc. Political Code, S 3386. 
 
 CHARTERS. 
 Seeitits. "Elections"; "Municipal Corporations." 
 
 CHAPTER 56. 
 
 CHEESE. 
 
 References: See tits. "Adulteration," "Butter," "Dairies." 
 Fi-and )n sale of, see Kerr's Cyc. Penal Code, § 381. 
 Imitation cheese, see tit. "Butter," Act 621. 
 
 State Dairy Bureau, duty of, as to enforcement of the law against false tests for 
 dairy products, see Kerr's Cyc. Penal Code, § 381b. 
 
 CONTENTS OF CHAPTER. 
 ACT 815. Grades of Cheese. 
 
 GRADES OF CHEESE. 
 
 ACT 815 — An act defining the different grades of cheese and for branding the same, 
 manufactured in the state of California. 
 
 History: Approved March 4, 1897, Stats. 1897, p. 69. 
 
 Branding grades of cheese. 
 
 $ 1. Every person or persons, firm or corporation, who shall at any creamery, cheese 
 factory, or private dairy, manufacture cheese in the state of California, shall, at the 
 place of manufacture, brand distinctly, and durably on the bandage of each and every 
 cheese manufactured, and upon the package or box when shipped, the grade of cheese 
 manufactured, as follows: "California full-cream cheese," "California half -skim 
 cheese, ' ' and * ' California skim cheese. ' *
 
 Acts S15, §§ 2-7 GENERAL, LAWS. S4« 
 
 Brands to be procured from state dairy bureau. Record of brands. 
 
 ^ 2. All brands for branding the different grades of cheese shall be procured from 
 the state dairy bureau, and said bureau is hereby directed and authorized to issue to 
 all persons, firms, or corporations, upon application therefor, uniform brands, consecu- 
 tively numbered, of the different grades specified in section 1 of this act. The state 
 dairy bureau shall keep a record of each and every brand issued, and the name and 
 location of the manufacturer receiving the same. No manufacturer of cheese in the 
 state of California, other than the one to whom such brand is issued, shall use the 
 same, and in case of a change of location, the party shall notify the bureau of such 
 change. 
 
 Defining grades of cheese. 
 
 § 3. The different grades of cheese are hereby defined as follows: Such cheese 
 only shall have been manufactured from pui-e milk, and from which no portion of 
 the butter fat has been removed by skimming or other process, and having not less 
 than thirty per cent of butter fat, shall be branded as "California full-cream cheese"; 
 and such cheese only as shall be made from pure milk, and having not less than 
 fifteen per cent of butter fat, shall be branded "California half-skim cheese"; and such 
 cheese only as shall be made from pure skim-milk shall be branded "California skim 
 cheese"; provided, that nothing in this section shall be construed to apply to "Edam," 
 " Brickstein, " "Pineapple," "Limburger," "Swiss," or hand-made cheese, not made 
 by the ordinary Cheddar process. 
 
 No sales without official brand. 
 
 § 4. No person or persons, firms or corporations, shall sell, or offer for sale, any 
 cheese, manufactured in the state of California, not branded by an official brand and 
 of the grade defined in section 3 of this act. 
 
 Penalties. 
 
 $ 5. Whoever shall violate any of the provisions of this act shall be deemed guilty 
 of a misdemeanor, and shall, upon conviction thereof, be punished for the first offense 
 by a fine of not less than twenty-five dollars ($25) nor more than fifty dollars ($50), 
 or by imprisonment in the county jail for not exceeding twenty-five days; and for 
 each subsequent offense by a fine of not less than fifty dollars ($50) nor more than 
 one hundred dollars ($100), or by imprisonment in the county jail not less than fifty 
 days nor more than one hundred days, or by both such fine and imprisonment, at the 
 discretion of the covirt. 
 
 ilepeal of conflicting acts. 
 
 $ 6. All acts or parts of acts inconsistent with this act are hereby repealed. 
 $ 7. This act shall take effect sixty days after its passage. 
 
 Producine, buylne and sellins cheese — See, post. Act 1167. 
 
 CHICO. 
 
 See Act 3094, note.
 
 347 CHINE^SE. Acts S25-S28 
 
 CHAPTER 57. 
 
 CHINESE. 
 References: See tits. "Aliens," "Prostitution." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 825. Immigration. 
 
 826. Competition of Chinese Labor. 
 
 827. Exclusion and Eegistration. 
 
 828. Chinese Criminals, Importation op Coolie Slaveet. 
 
 829. Kidnaping and Importation op Females. 
 8.30. Suppression of Chinese Houses of Ill-Fame. 
 831. Eemoval Outside Limits op Cities and Towns. 
 
 IMMIGRATION. 
 ACT 825 — An act to prevent the further immigration of Chinese or Mongolians to this 
 
 History: Approved April 26, 1858, Stats. 1858, p. 295. 
 
 Editor's note: This act does not appear tutional. Under any circumstances the pe- 
 to have been passed on by the supreme nal portion of it is superseded by the 
 court, although it is undoubtedly unconsti- Penal Code. — See Kerr's Cyc. Penal Code, § 6. 
 
 COMPETITION OF CHINESE LABOR. 
 ACT 826 — An act to protect free white lahor from competition with Chinese lahor and 
 to discourage the immigration of Chinese. 
 
 History: Approved April 26, 1862, Stats. 1862, p. 462. 
 
 Unconstitutional — Police tax. — This act declared unconstitutional in Lin Sing v. 
 imposed a police tax on Chinese. It was Washburn, 20 Cal. 534. 
 
 EXCLUSION, REGISTRATION. 
 ACT 827 — An act to prohibit the coming of Chinese into the state, whether the sub- 
 jects of the Chinese empire or not, and to provide for registration and certificates of 
 residence and determine the status of all Chinese persons now resident of this state, 
 and fixing penalties and punishments for violation of this act, and providing for 
 deportation of criminals. 
 
 History: Approved March 20, 1891, Stats. 1891, p. 185. 
 Unconstitutional — Ex parte Ah Cue. 101 Cal. 197, 35 Pac. 556. 
 
 CHINESE CRIMINALS, COOLIE SLAVERY. 
 
 ACT 828 — An act to prevent the importation of Chinese criminals and to prevent the 
 
 establishment of coolie slavery. 
 
 History: Approved March 18, 1870, Stats. 1869-70, p. 332. 
 
 Penal provi.sions superseded by the Penal of Mongolian females for criminal purposes 
 Code. — The code commissioners say of sec- and the kindred act of March 18, 1870 (Stats, 
 tion 174. Penal Code: "This section embod- 1869-70, pp. 336, et seq.). The provisions of 
 les the material penal provisions of the act this section are broad enough to include- 
 to prevent the kidnapping and importation every offense defined in either act," 
 
 KIDNAPING AND IMPORTATION OF FEMALES. 
 ACT 829 — An act to prevent the kidnaping and importation of Mongolian, Chinese 
 and Japanese females for criminal or demoralizing purposes. 
 
 History: Approved March 18, 1870, Stats. 1869-70, p. 330. 
 
 Superseded as to penal provisions. — See Compulsory prostitution and importation 
 
 note to preceding act (Act 828). of Cliinese and Japane.se women for immoral 
 
 purposes. — See, post, Act 3633.
 
 Acts 830, 836 Gi:NERAIi LAWS. 848 
 
 SUPPRESSION OF CHINESE HOUSES OF ILL-FAME. 
 ACT 830 — An act for the suppression of Chinese houses of ill-fame. 
 
 History: Approved March 31, 1866, Stats. 1865-66, p. 641. Amended 
 February 7, 1874, Stats. 1873-74, p. 84. Continued in force by the codes. 
 See Kerr's Cyc. Political Code, § 19, and Kerr's Cyc. Penal Code, § 23. 
 
 Amending: act codtficil — Code commission- tation of the house evidence of its character 
 
 ers' note. — The amending act of 1873-74, and of that of the women resorting to It." 
 
 p. 84, is codified by § 315 of Penal Code. See, also, Kerr's Cyc. Penal Code, JS 174, 
 
 Concerning this section of the Penal Code, 179, inc., and § 315. 
 
 the code commissioner said: "The new mat- Redlig^ht abatement act. — See, post. Act 
 
 ter is taken from the statute of 1866, as 3634. 
 amended 1873-74, p. 84, and makes the repu- 
 
 REMOVAL OUTSIDE CITIES AND TOWNS. 
 ACT 831 — An act to provide for the removal of Chinese outside the limits of cities aid 
 
 towns. 
 
 History: Approved April 3, 1880, Stats. 1880, p. 22, 
 
 Code commissionera' comment: "Probably unconatitutional.** 
 
 CHINO. 
 
 See Act 3094, note. 
 
 CHIROPRACTIC. 
 
 See tit. "Medicine." 
 
 CHULA VISTA. 
 
 See Act 3094, note. 
 
 CIDER. 
 
 See tit. "Adulteration.'* 
 
 CHAPTER 58. 
 CITY ATTORNEY. 
 
 CONTENTS OF CHAPTER. 
 ACT 836. Assistants in Cities and Cities and Counties of 100,000 and Otba. 
 
 ASSISTANTS IN CITIES. 
 ACT 836 — An act to provide for furnishing assistants to city and city and county 
 attorneys in every city, or city and county having a population of one hundred 
 thousand or over, and providing for their mode of appointment and compensation. 
 
 History: Approved March 11, 1891, Stats. 1891, p. 95. 
 Superseded «■ to San Francisco. — See charter chapter II, article V. 
 
 CIVIL RIGHTS. 
 See Kerr's Cyc. Civil Code, ^ 51, et seq. 
 
 iif<
 
 34S CIVIL, SERVICE COMDf ISSION. Act 840, gg 1, 2 
 
 CHAPTER 59. 
 CIVIL SERVICE COMMISSION. 
 
 CONTENTS OF CHAPTER. 
 ACT 846. General System of Civil Service. 
 
 GENERAL SYSTEM OF CIVIL SERVICE. 
 
 ACT 846 — ^An act to provide for a general system, 1)086(1 upon investigation as to 
 
 merit, efficiency and fitness, for appointment to and holding during good behavior 
 
 of office and employment under state authority and, in that behalf, to create a 
 
 state civil service commission, to prescribe its powers and duties, to make the 
 
 wilful violation of the provisions of this act a misdemeanor, to repeal all acts and 
 
 parts of acts inconsistent herewith in so far as they may be inconsistent with the 
 
 provisions of this act, and to make an appropriation therefor. 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stats. 
 1913, p. 1035. Amended May 27, 1919. In effect immediately. Stats. 
 1919, p. 1337. 
 
 Definitions of terms. 
 
 $1. First — The term "commission" as used in this act means the. "state civil 
 service commission" herein created, and the term "commissioner" as used in this act 
 means one of the three members of that commission, all unless such terms are plainly 
 used with some other meaning. 
 
 Second — That terms "position" and "positions" as used in this act include all 
 offices and employments under state authority, whether there be any salary or other 
 compensation or emolument connected therewith, except offices held by elective officers 
 as such and also except the militia and all offices and employments as now or hereafter 
 provided by virtue of or under article eight of the constitution of the state, and except 
 county and township offices and employments. 
 
 Third — The term "appointing power" as used in this act includes all persons whether 
 acting singly or in conjunction with others in any way whatsoever, either by nomina- 
 tion or confirmation or as a board or commission or otherwise, in selecting any one to 
 hold any position as that term is so used in this act. 
 
 Fourth — The term "appointment" as used in this act includes all means of selecting 
 and employing any one to hold any position as that term is so used in this act. [Amend- 
 ment of May 27, 1919. In effect immediately. Stats. 1919, p. 1338.] 
 
 Civil service commission created. Salary. 
 
 ij 2. There is hereby created a commission known as the "state civil service com- 
 mission" which shall consist of three commissioners but which may continue to act 
 after being fully constituted if there is not more than one vacancy in such commission. 
 The commission shall be first constituted by three commissioners appointed for terms 
 ending July 1, 1914, Juh' ], 191G, and July 1, 1917, respectively, and the succeeding 
 terms shall each be for a period of four years. The governor shall appoint all com- 
 missioners including those who fill unexpired terms. Any commissioner may be 
 removed by concurrent resolution of both houses of the legislature adopted by a two- 
 thirds vote of each house. The commissioners shall each receive a salary of three 
 thousand dollars per annum, which shall be paid at the same time and in the same 
 manner as the salaries of state officers are paid, and the commissioners shall also 
 be paid necessary traveling expenses incurred in the performance of their duties. 
 The total and items of all expenditures and obligations made, authorized and incurred 
 by the commission shall not exceed the sums appropriated therefor by law.
 
 Act S46. §§ 3-5 GENERAL LAWS. 350 
 
 Employees. 
 
 ^ 3. The commission shall employ a chief examiner and secretary, which offices 
 may be combined, and such other employees as it may deem necessary or proper to 
 carry out the purposes of this act. Their compensation shall be fixed by the com- 
 missioner, and they may be paid necessary traveling expenses incurred in the discharge 
 of the duties. The duties of the chief examiner, secretary and other employees shall 
 be prescribed by the commission, subject to the provisions of this act. It shall be the 
 duty of the secretary to keep the minutes of the meetings of the commission and per- 
 form such other services as may be assigned him by the commission. The com- 
 mission may select suitable persons to assist in examinations under its directions. 
 The compensation of such assistants shall not exceed five dollars per day, except 
 in the case of special and expert examiners employed in the preparation of ques- 
 tions and rating of candidates; and when the persons so selected are in the offi- 
 cial service of the state it shall be deemed a part of their official duty to serve as 
 such assistants without additional compensation. [Amendment of May 27, 1919. In 
 effect immediately. Stats. 1919, p. 1339.] 
 
 Office accommodations. 
 
 § 4. The commission is authorized to secure in the city of Sacramento suitable and 
 convenient rooms and accommodations and cause the same to be furnished, heated and 
 lighted, for carrying on the work of the commission and the commission may order the 
 necessary stationery, postage stamps, and official seal and other articles to be sup- 
 plied, and the necessary printing to be done for its official use. [Amendment of May 27, 
 1919. In effect immediately. Stats. 1919, p. 1339.] 
 
 Classify and grade positions. 
 
 ^5. The commission shall: 
 
 First — Classify positions to be held under state authority in accordance with the 
 provisions of this act and in accordance with the duties attached to such positions. 
 The commission shall grade all positions within each class with respect to salaries, to 
 the end that like salaries shall be paid for like duties. Such classes and grades may 
 from time to time be amended, added to, consolidated or abolished by the commission, 
 but persons holding positions under the original classification or grade shall not be 
 affected thereby, provided, that no person otherwise competent shall be excluded from 
 any class on account of any physical defect or affliction unless such defect or affliction 
 tends directly to incapacitate such person from performing the services required of that 
 class, and that when any person with any such physical defect or affliction which does 
 not tend directly to incapacitate such person from performing the duties required of 
 persons in that class, has been appointed to a position, such person shall not be placed 
 in a different grade as to salaries from other persons in the same class. 
 
 Hold examinations. 
 
 Second — Hold examinations to determine the merit, efficiency and fitness of appli- 
 cants, for positions, and prepare properly classified eligible lists from applicants so 
 examined. 
 
 All questions for examination shall be prepared under the supervision of the com- 
 mission or chief examiner and delivered to the examining board or to the candidates 
 by one of the commissioners or chief examiner or by an examiner specially designated 
 to perform such service. 
 
 Enforce act. 
 
 Third — Enforce the provisions of this act and prescribe and enforce suitable rules 
 and regulations for carrying the same into effect and from time to time amend and 
 repeal the same. 
 
 I
 
 351 CIVIL SERA'ICE COMMISSION. Act 846, § 5 
 
 Fourth — Keep minutes of its own proceedings, and records of its examinations and 
 other official actions. 
 
 Efficiency records. 
 
 Fifth — Records of individual efficiency of holders of positions in performing their 
 duties must be established and posted monthly in all offices and places of employment 
 affected by this act. Such records shall be made by the appointing power, unless 
 otherwise directed by the commission, and under and in accordance with such rules 
 and regulations as the commission may prescribe, and a copy of such records shall be 
 filed with the commission. The commission shall investigate all such efficiency records 
 and may make its own records, and shall rate upon such records the item of "ascer- 
 tained merit" in examinations for promotion. The commission shall establish and 
 enforce rules and regulations under which records of unsatisfactory service may lead to 
 reduction in grade and compensation of the person holding the position conceraed, 
 and shall further provide for the manner in which persons falling below the standards 
 of efficiency fixed by its rules and regulations may be removed from their positions by 
 the commission proceeding substantially as provided in this act and with the same 
 effect as in case of removals by the appointing power. 
 
 Make investigations. 
 
 Sixth — Make investigations concerning and report upon all matters touching the 
 enforcement and effect of the provisions of this act and the rules and regulations 
 prescribed thereunder; inspect all state institutions, offices, places of employment and 
 services affected by this act, and ascertain whether this act and all such rules and regu- 
 lations are obeyed. Such investigation may be made by any commissioner, or chief ex- 
 aminer, or by any other authorized agent of the commission. In the course of such 
 investigation any commissioned, or chief examiner or such other authorized agent of the 
 commission, or the secretary of the commission, shall have power to administer oaths, 
 subpoena and require the attendance in this state of witnesses and the production 
 thereby of books, papers, documents and accounts appertaining to the investigation but 
 not requiring the attendance of witnesses either with or without books, papers, docu- 
 ments or accounts unless residing within the same county or within thirty miles of the 
 place of attendance. 
 
 Rules governing hearing. Superior court may compel witnesses to attend. Order 
 
 directing witness to appear. 
 
 Seventh — All hearings and investigations before the commission, or any commis- 
 sioner, or the chief examiner or such other authorized agent of the commission shall 
 be governed by this act and by rules of practice and procedure to be adopted by the 
 commission and in the conduct thereof neither the commission nor any commissioner 
 nor the chief examiner nor such other authorized agent of the commission shall be 
 bound by the technical rules of evidence. No informality in any proceeding or in the 
 manner of taking testimon}' before the commission or any commissioner, or the chief 
 examiner or such other authorized agent of the commission shall invalidate any order, 
 decision, rule or regulations made, approved or confirmed by the commission. The 
 superior court in and for the county, or city and county, in which any inquiry, investi- 
 gation, hearing or proceeding may be held by the commission, or any commissioner, or 
 the chief examiner or such other authorized agent of the commission shall have the 
 power to compel the attendance of witnesses, the giving of testimony and the produc- 
 tion of books, papers, documents and accounts, as required by any subpoena issued by 
 the commission, or any commissioner, or such other authorized agent of the commission 
 or the secretary. The commission, or the commissioner, or the chief examiner or such 
 other authorized agent of the commission before whom the testimony is to be given
 
 Act 8-16, § 5 
 
 GENERAI, LAWS. 
 
 35:: 
 
 or produced, in case of the refusal of any witness to attend or testify or produce any . 
 papers required by such subpoena, may report to the superior court in and for the 
 county, or city and count}', in which the proceeding is pending, by petition, setting forth 
 that due notice has been given of the time and place of attendance of said witness, or 
 the production of such books, papers, documents, or accounts, and that the witness has 
 been summoned in the manner prescribed in this act, and that the witness has failed 
 and refused to attend or produce such books or papers or documents or accounts 
 required by the subpoena, before the commission, or the commissioner, or the chief 
 examiner, or such other authorized agent of the commission, in the matter named in 
 the notice and subpoena, or has refused to answer questions propounded to him in the 
 course of such proceedings, and ask an order of said court compelling the witness to 
 attend and testify or produce such books or papers or documents or accounts before 
 the commission, or any commissioner, or the chief examiner or such other authorized 
 agent of the commission. The court, upon the petition of the commission, or any 
 commissioner, or the chief examiner or such other authorized agent of the commission, 
 shall enter an order directing the witness to appear before the court at a time and 
 place to be fixed by the court in such order, the time to be not more than ten days from 
 the date of the order, and then and there show cause why he has not attended and 
 testified or produced said papers before the commission, or such conamissioner, or the 
 chief examiner or such other authorized agent of the commission. A copy of said 
 order shall be served upon said witness. If it shall appear to the court that said sub- 
 poena was regularly issued by the commission, or any commissioner, or the chief 
 examiner or other authorized agent of the commission, or the secretary, the court 
 shall thereupon enter an order that said witness appear before the commission, or 
 such commissioner, or the chief examiner or any other authorized agent of the com- 
 mission at the time and place fixed in said order, and testify or produce the required 
 books, papers, documents and accounts, and upon failure to obey said order, said 
 witness shall be dealt with as for contempt of court. The remedy provided in this 
 section is cumulative, and shall not be construed to impair or interfere with the power 
 of the commission, or a commissioner, or the chief examiner or any such other author- 
 ized agent of the commission to enforce the attendance of witnesses and the production 
 of books, papers, documents and accounts. 
 
 Depositions. 
 
 The commission, or any commissioner, or the chief examiner or such other author- 
 ized agent of the commission may, in any investigation or hearing before the commis- 
 sion, or any commissioner, or the chief examiner or such other authorized agent of 
 the commission, cause the deposition of witnesses residing within or without the state 
 to be taken in the manner prescribed by law for like depositions in civil actions in the 
 superior courts of this state and to that end may compel the attendance of witnesses 
 and the production of books, papers, documents and accounts. 
 
 Witness not excused from testifying. 
 
 No person shall be excused from testifying or from producing any book, paper, docu- 
 ment or account in any investigation or inquiry by or hearing before the commission, 
 or any commissioner, or the chief examiner or such other authorized agent of the 
 commission, when ordered to do so, upon the ground that the testimony or evidence, 
 book, paper, document or account required of him may tend to incriminate him or 
 subject him to penalty or forfeiture, but no person shall be prosecuted, punished or 
 subjected to any penalty or forfeiture for or on account of any act, transaction, matter 
 or thing concerning which he shall, under oath, have testified or produced documentary 
 evidence; provided, that no person so testifying shall be exempt from prosecution or 
 punishment for any perjury committed by him in his testimony. Nothing herein con-
 
 353 CIVIL SERVICE COMMISSION. Act S46. §§ 6^ T 
 
 tained shall be construed as in any manner giving to any person immunity of any kind 
 
 otherwise than is herein expressly provided. 
 
 Biennial report. 
 
 Eighth — Make a biennial report to the governor for transmission to the legislature, 
 showing the action of the commission, including all the rules and regulations adopted 
 by it during such period and those that are in force at the time of making such report, 
 information as to exempted positions as required by this act and the effects of this act 
 and of all proceedings under it and any suggestions the commission or any commis- 
 sioner may deem practical for the more effectual accomplishment of the purposes of 
 this act. 
 
 Meetings. 
 
 Ninth — Meet at Sacramento as often as the needs of the public service may require, 
 and at such other places as the commission may designate. A majority of the members 
 of the commission shall constitute a quorum. [Amendment of May 27, 1919. In effect 
 immediately. Stats. 1919, p. 1339.] 
 
 Duty of state officers. 
 
 ^ 6. It shall be the duty of all persons subject to the authority of the state in that 
 behalf (including all state oflBcers and employees of all state institutions of every kind 
 and character) to aid in all proper ways in earrjdng into effect the provisions of this 
 act and the rules and regulations prescribed from time to time thereunder and espe- 
 cially, at the request of the commission, to allow the commission the reasonable use of 
 public buildings and to heat and light the same for the purpose of making examina- 
 tions of applicants and investigations as provided by this act. Every one subject to 
 the authority of the state in that behalf shall afford to the commission and its members 
 and employees all reasonable facilities and give inspection of all books, papers, docu- 
 ments and accounts applying or in any way appertaining to any and all oflSces subject 
 to the authority of the state in that behalf, and shall also produce said books, papers, 
 documents and accounts, and shall attend and testify when required to do so by the 
 commission or any commissioner, or the chief examiner, or the secretary or any other 
 authorized agent of the commission. The attorney general shall advise and assist the 
 commission, and the district attorneys of the counties shall prosecute violations of this 
 act. The commission may employ special counsel. [Amendment of May 27, 1919. In 
 effect immediately. Stats. 1919, p. 1343.] 
 
 Appointments to be under act. 
 
 § 7. The appointing power in all cases not excepted or exempted under the pro- 
 visions of this act, or by virtue of the provisions of the constitution of the state, shall 
 fill positions by appointment, including cases of transfers, reinstatements, promotions 
 and reductions, in strict accordance with the provisions of this act and the rules and 
 regulations prescribed from time to time hereunder, and not otherwise. Except only 
 and to the extent that the appointing power otherwise requests as hereinafter pro- 
 vided, the positions held in the following specified classes are excepted from such 
 method of appointment: 
 
 Exceptions. 
 
 First — Appointee of the legislature and one person holding a position having a 
 confidential relation, whether as secretary or clerk or stenographer to each such 
 appointee. 
 
 Second — Appointees of the governor and one person holding a position having a 
 confidential relation whether as secretary or clerk or stenographer to each such 
 appointee. 
 
 Gen. Laws — 23
 
 Act 846, §8 GENERAL LAWS. S54 
 
 Third — The chief deputj'^ of and also one person holding a position having a con- 
 fidential relation whether as secretary or clerk or stenogi*apher to an elective oflBcer. 
 
 Fourth — The secretary or executive officer, or both, and also the attorney and one 
 stenographer of any board or commission appointed by the legislature or governor or 
 elected by the electors, and all stenographers in the superior and appellate courts. 
 
 Fifth — The assistant and deputies of the attorney general and all special attorneys 
 for boards and officers. 
 
 Sixth — The members of the appointing board of and any chief in any legislative 
 reference or counsel bureau and one person holding a confidential relation to each such 
 chief. 
 
 Seventh. — One warden for each of the state prisons. 
 
 Eighth — One superintendent for each of the state reformatories, state hospitals or 
 other state charitable or correctional institutions; also the parole officers for the state 
 prisons, Preston School of Industry and Whittier State School. 
 
 Ninth — Persons employed by the University of California and the state normal 
 schools, and the teaching force of the elementary, secondary, trades and technical 
 schools. 
 
 Tenth — ^Persons engaged in work done by co-operation between the state and federal 
 governments. 
 
 Eleventh — The state librarian, the chief deputy or assistant state librarian and also 
 one person holding a position having a confidential relation to the state librarian, and 
 appointees under provisions for court, law, teachers, school and county libraries. 
 
 Twelfth — The secretary, chief accountant and children's agents of the state board of 
 control. 
 
 Thirteenth — The employees of the state railroad commission. 
 
 Fourteenth — Superintendents, chiefs, and heads of departments. 
 
 Position may be declared exempt. 
 
 All provided that at any time any vacancy in any position in any of the above 
 specified fourteen excepted classes may be filled by the appointing power in the manner 
 provided by this act, in which case the person appointed shall hold, during the tenure 
 of office of said appointing power, such position under the tenure of good behavior 
 and subject to the provisions of this act as if that position had not been so excepted, 
 but upon such appointee ceasing to hold such position that position shall be open as in 
 such excepted class. Upon such appointee ceasing to hold such office by reason of the 
 termination of the tenure of office of said appointing power, said appointee shall be 
 restored to place upon the eligible lists in accordance with such rules and regulations 
 as the commission may prescribe in that behalf. Any position subject to the provisions 
 of this act may be declared exempted by resolution passed by concurrence of the three 
 commissioners. Such resolution shall state separately the reasons for each exemption. 
 Not more than one appointment shall be made to or under any position covered by such 
 resolution unless permission to appoint a different number is given therein. Any excep- 
 tion thus made may be terminated at any time by resolution of the commission. 
 Appointments to exempted positions shall be reported immediately to the commission. 
 The names of each exempted position and the names of the incumbent and the reason 
 for each exemption shall be stated in the biennial reports of the commission. [Amend- 
 ment of May 27, 1919. In effect immediately. Stats. 1919, p. 1343.] 
 
 Rules for classification of positions. 
 
 § 8. Within three months after the commission is constituted, it shall make rules 
 for the classification of positions to be held under state authority to be provided by this 
 act, and subject to the provisions of this act; such rules shall govern appointments, 
 transfers, reinstatements, promotions, reductions and removals, and examination of
 
 355 CIVIL SERVICE COMMISSION. Act 846, §§ 0, 10 
 
 applicants, and the commission may amend such rules from time to time. Such rules 
 shall be printed for public distribution. [Amendment of May 27, 1919. In effect 
 immediately. Stats. 1919, p. 1344.] 
 
 Method of making appointments. Appointments for prohationary period. 
 
 $ 9. Subject to the special provisions in this as to laborers, appointments shall be 
 made to all positions that are not filled by promotion, reinstatement, transfer or 
 reduction, under the provisions of this act and the rules in pursuance thereof, by the 
 appointing power: Said appointing power shall notify the commission of any vacancy 
 to be filled, stating the duties of the position. The commission shall then certify to 
 the appointing power the names and addresses of the three persons standing highest 
 on the eligible list for the class or grade to which the position belongs; but in case 
 there be less than three on such eligible list, the commission shall certify the number 
 thereon; and the appointing power shall fill the position by the appointment of one 
 of the persons certified by the commission therefor. The term of eligibility shall be 
 fixed for each eligible list at not less than one year. Appointments shall be made 
 from the eligible list most nearly appropriate for the position to be filled, and a new 
 list shall be created for a stated position or a group of positions only when there ig 
 no appropriate list existing from which appointment may be made. No person shall 
 be appointed under any title not appropriate to the duties to be performed, and no 
 person shall be assigned to perform the duties of any other position than that which 
 he legally holds, except by consent of the commission. All appointments shall be 
 for a probationary period to be fixed by the commission but not to exceed six months. 
 Unless such appointee shall have been dismissed within such probationary period by 
 the appointing power, for reasons stated in writing and filed with the commission, 
 his appointment shall become permanent subject to the provisions of this act as to 
 removals, suspensions and changes. Discharged probationers may by unanimous vote 
 of the commission be restored to the list of eligibles for certification to any position 
 within their class other than the one from which they were rejected. 
 
 Character of examinations. Preliminary requirements. Application blanks. May 
 
 refuse to examine. Appointing power may require bond. 
 
 § 10. The examinations shall be practical in their character, and shall relate to those 
 matters which will fairly test the relative capacity and fitness of the persons examined 
 to discharge the duties of the positions they seek. Applicants for positions in the 
 mechanical trades and occupations may, in the discretion of the commission, be rated 
 solely on experience and physical qualifications which may be determined by such 
 evidence and in such manner as the commission may direct; and such applicants may be 
 submitted to such further tests as the commission may require. The commission shall 
 prepare lists of preliminary requirements and subjects of examinations for the several 
 positions, and shall publish its rules and regulations and such information and advertise 
 such examinations in such manner as the nature of the examination may require. The 
 commission, except as may be otherwise provided in the case of laborers, shall require 
 an applicant to file in its oflSce, in accordance with its rules and regulations, a reasonable 
 length of time before the date of examination, a formal application filled out in his 
 own handwriting. Blank forms of such application shall be furnished by said com- 
 mission without charge to all persons requesting the same. The commission may require 
 in connection with applications, including laborers, such certificates of citizens, physi- 
 cians, public oflSeers or others having knowledge of the applicant, as the good of the 
 ser^^ce may require. The commission may refuse to examine or after examination to 
 certify as eligible, any one who is found to lack any of the established preliminary 
 requirements for the examination or position for which he applies; or who is physically 
 so disabled as to be rendered unfit to perform the duties of the position to which he
 
 Act S46, §g Xl-13 GENERAL LAWS. 35« 
 
 seeks appointment, or who is addicted to the habitual use of intoxicating beverages to 
 excess; or who has been guilty of a crime or of infamous or notoriously disgraceful 
 conduct; or who has been dismissed from the public service for delinquency or mis- 
 conduct; or who has intentionally made a false statement of any material facts, or 
 practiced, or attempted to practice any deception or fraud in his application, in his 
 examination, or in securing his eligibility. Any person appointed to a position under 
 the pro\isions of this act who has secured his place on the eligible list through fraud 
 shall be removed by the commission from his position and shall not thereafter be eligible 
 for examination for any position under the provisions of this act except by unanimous 
 permission of the commission. When the position to be filled involves fiduciary respon- 
 sibClity, the appointing power may require the appointee to furnish a reasonable bond 
 or other security, and shall notify the commission of the amount and necessary details 
 thereof. [Amendment of May 27, 1919. In effect inmiediately. Stats. 1919, p. 1345.] 
 
 Temporary appointments. 
 
 § 11. When there is no eligible list from which a position may be filled, the appoint- 
 ing power may, with the consent of the commission, fill such position by temporary 
 appointment; and such temporar}' appointment shall not continue for a longer period 
 than three months, nor shall successive temporary appointments be made to the same 
 position under this section without the previous consent of the commission, and in no 
 case shall any person hold a position under such successive temporary appointments 
 for a longer period than six months without the unanimous consent of the commission. 
 [Amendment of May 27, 1919. In effect immediately. Stats. 1919, p. 1346.] 
 
 Emergency appointments. 
 
 § 12. The commission shall establish rules and regulations under which emergency 
 appointments may be made when those on the eligible lists are not immediately avail- 
 able, and for the time for which such emergency appointments shall be valid; and may 
 fix a different time for different counties or cities and counties of the state for which 
 such emergency appointments shall be valid. [Amendment of May 27, 1919. In effect 
 immediately. Stats. 1919, p. 1346.] 
 
 Promotions. Transfer. 
 
 § 13. Vacancies in positions shall be filled, so far as practicable bj' promotion from 
 among persons holding positions in a lower grade of the department, office or institu- 
 tion in which the vacancy exists. Promotion shall be based upon merit and competition 
 and upon the sui^erior qualifications of the person promoted as shown by his records of 
 efficioncy. For the purposes of this section an increase in the salary or other compen- 
 sation of any person holding an office or position within the scope of the rules and 
 regulations in force hereunder beyond the limit fixed for the grade in which such office 
 and position is classified, shall be deemed a promotion. The commission may authorize 
 the transfer of any person legally holding a position to a similar position in the same 
 class or grade, and may provide for the reinstatement within one year of persons sep- 
 arated from positions without fault or delinquency on their part, if within that time 
 there is need for their services. No promotion, transfer or reinstatement shall be made 
 from a position in one class to a position in another class, nor shall a person be trans- 
 ferred to or reinstated in a position for original entrance to which there is required by 
 this act or the rules and regulations thereunder an examination involving essential tests 
 or qualifications different from or higher than those required for original entrance to 
 the position held by such person. [Amendment of May 27, 1919. In effect immediately. 
 Stats. 1919, p. 1346.]
 
 357 CIVIL SERVICE COMMISSION. Act S46, §§ 14-16 
 
 Tenure of office. Written charges. Public hearing. Judgment not subject to review. 
 
 Suspension. 
 
 { 14. The tenure of every one holding a position under the provisions of this act 
 shall be during good behavior, but any such person may be removed for any of the 
 following causes: 
 
 (a) Incompetence, or inefficienc3\ 
 
 (b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treat- 
 ment of the public or of fellow employees, a violation of the provisions of this act or 
 of the rules and regulations of the commission or any other failure of good behavior. 
 The appointing power that could fill such positions under the provisions of this act if 
 vacant or the commission may remove, as hereinafter provided, for such cause. The 
 appointing power in so proceeding must furnish to the person holding such position 
 written charges setting forth such ground for removal and file copy with the commis- 
 sion and allow the accused a reasonable time and opportunity to file with the com- 
 mission and furnish to said appointing power written answer and explanation and 
 thereafter said appointing power shall publicly hear and determine such charges after 
 reasonable notice to the accused and the commission of the time and place of said 
 hearing and affording the accused an opportunity at such hearing to present whatever 
 competent evidence the accused may desire in defense. In case of charges presented 
 by or to the commission, it shall proceed in like manner. A judgment of removal, in 
 writing, setting forth the findings of said appointing power after such hearing and filed 
 with the commission, shall be final and effect such removal and shall not be subject 
 to review by any other tribunal, except that in case of proceedings against the same 
 person before both the appointing power and the commission the judgment against the 
 accused by either the appointing power or the commission shall control a judgment by 
 the other in favor of the accused. Such appointing power may from time to time 
 peremptorily suspend, with loss of salary or other compensation during such suspension, 
 such person for such cause, and without trial, but only upon written charges so fur- 
 nished to such person and filed with the commission and with the privilege to such 
 person to so furnish to the appointing power and file with the commission written 
 answer and explanation, but such suspension or total suspensions by that appointing 
 power of that person shall not exceed thirty days. Either the appointing power or the 
 commission may transfer charges to the other for action or investigation. 
 
 Employment of laborers. 
 
 $ 15. The commission shall provide by rule for the employment of laborers in the 
 labor class in the order of priority of application for employment. There shall be 
 separate lists of applicants for different kinds of labor, and the commission may provide 
 separate labor registration lists for departments, institutions, districts or localities. 
 The commission may require an applicant for registration to pass such examination as 
 they may deem proper with respect to his age, residence, physical condition, ability to 
 labor, skill, capacity and experience. The commission shall establish such time as it 
 may deem expedient for the duration of eligible lists in the labor class. [Amendment 
 of May 27, 1919. In effect immediately. Stats. 1919, p. 1346.] 
 
 Reports of appointees, etc. Official roster. 
 
 § 16. It shall be the duty of each appointing power to report to the commission 
 forthwith upon each appointment the name of the appointee, the title or character of 
 the position, the date of the commencement of such service, and the salary or compen- 
 sation therefor, and to report from time to time, and upon the date of official action 
 in, or knoAvledge of each case, any separation of the person from the position, or other 
 changes, and such other information as the commission may require in order to kee]) 
 the roster hereinafter mentioned. The commission shall keep in its oflfice an official
 
 Act 846, §§ 17, 18 GEXERAL LAWS. 85S 
 
 roster of all persons holding positions under the provisions of this act and shall enter 
 thereon the name of each and eveiy person who has been appointed to, promoted, 
 reduced, transferred, reinstated or removed from or left any position and require such 
 evidence as it may deem satisfactory as to whether such person was appointed to, pro- 
 moted, reduced, transferred, reinstated or removed from such position in accordance 
 with the provisions of this act and the rules and regulations of the commission there- 
 under and as to when and why and how such person was otherwise separated from such 
 position. The official roster shall show opposite, or in connection with, each name, 
 the date of appointment, promotion, reduction, transfer or reinstatement, the compen- 
 sation of the position, the date of commencement of service and change in or separation 
 from position and when and why and how there was such change or separation. The 
 names of all persons holding positions at the time of the taking effect of this act which 
 if vacant would be filled under the provisions of this act shall be certified to the com- 
 mission by the appointing power that could then so fill such position if vacant, and 
 such names shall be entered in said roster, and thereupon shall be deemed appointed 
 under the provisions of this act and persons then holding such positions who have 
 served in such positions a less period than one year and more than sixty days from the 
 date of the classification of such positions as required by this act shall be deemed to be 
 serving the probationary period, and persons who have served in such positions for less 
 than such sixty days shall be deemed temporary appointees. [Amendment of May 27, 
 1919. In effect immediately. Stats. 1919, p. 1347.] 
 
 Certification of pay rolls. 
 
 § 17. It shall be unlawful for the controller or other fiscal officer of the state to 
 draw, sign, issue, or authorize the drawing, signing, or issuing of any warrant on the 
 treasurer or other disl)ursing officer of the state for the payment of, or for the treasurer 
 or other disbursing officer to pay any salarj'^ or compensation to any one holding any 
 position under the provisions of this act unless the estimate, pay roll or account for 
 such salary or compensation, containing the name of the person to be paid, shall bear 
 the certificate of the commission that the persons named in such estimate, pay roll or 
 account are holding positions as provided by this act and the rules and regulations 
 prescribed thereunder. Any sums paid contrary to the provisions of this section may 
 be recovered from any one making such appointment in violation of the provisions of 
 this act and of the rules and regulations prescribed thereunder or from any officer 
 signing, or countersigning, or authorizing the signing or countersigning of any warrant 
 for the payment of the same, and from the sureties on his official bond in an action 
 in any court of competent jurisdiction of this state maintained by a citizen resident 
 therein, who is assessed for and is liable to pay, or within one year before the com- 
 mencement of such action has paid, a tax therein. All moneys recovered in any action 
 brought under the provisions of this section must, when collected, be paid into the 
 treasury of the state, except that the plaintiff in an}'^ such action shall be entitled to 
 receive for his own use the taxable costs of such action. [Amendment of May 27, 
 1919. In effect immediately. Stats. 1919, p. 1347.] 
 
 Penalty for false marking, grading, etc. 
 
 $ 18. Any commissioner or examiner, or any person who shall wilfully by himself 
 or in co-operation with one or more persons, defeat, deceive or obstruct any person in 
 respect of his or her right of examination or registration, according to any rules oi' 
 regulations prescribed pursuant to the provisions of this act, or who shall wilfully and 
 falsely mark, grade, estimate, or report upon the examination or proper standing of 
 any person examined, registered, or certified pursuant to the provisions of this act, 
 or aid in so doing, or who shall wilfully make any false representation concerniHg the 
 same, or concerning the person examined, or who shall wilfully furnish to any person 
 
 ^
 
 359 CIVIL SERVICE COMMISSIOPr. Act S46, g§ 19-21 
 
 any special or secret information for the pui-pose of either improving or injuring the 
 prosjjects or chances of any person so examined, registered, or certified, or to be 
 examined, registered, or certified, or who shall personate any other person, or permit or 
 aid in any manner any other person to personate him, in connection with any examina- 
 tion or registration or application or request to be examined or registered, shall be 
 deemed guilty of misdemeanor. [Amendment of May 27, 1919. In effect immediately. 
 Stats. 1919, p. 1348.] 
 
 Soliciting prohibited. 
 
 $ 19. No officer, agent, clerk or employee, under the government of the state shall, 
 directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or 
 receiving, any assessment, subscription, contribution or political service, whether vol- 
 untary or involuntary, for any political purj^ose whatever, from any one on the eligible 
 lists or holding any position under the provisions of this act. 
 
 Every officer, agent, clerk or employee under the government of the state who may 
 have charge or control in any building, office, or room occupied for any purpose of said 
 government is hereby authorized to prohibit the entry of any person, and he shall not 
 permit any person to enter the same, for the purpose of therein making, collecting, 
 receiving or giving notice of any political assessment, subscription or contribution, and 
 no person shall enter, or remain in any said building, office or room, or send or direct 
 any letter or other notice thereto, for the purpose of giving notice of, demanding, or 
 collecting a political assessment, subscription or contribution, nor shall any person 
 therein give notice of, demand, collect or receive, any such assessment, subscription or 
 contribution contrary to the provisions of this section. [Amendment of May 27, 1919. 
 In effect immediately. Stats. 1919, p. 1348.] 
 
 Promise of advancement for political influence prohibited. 
 
 $ 20. No one, while holding any public office, or in nomination for, or while seeking 
 a nomination or appointment for, any public office, shall use or promise to use, whether 
 directly or indirectly, any official authority or influence (whether then possessed or 
 merely anticipated) in any way of conferring upon any person, or in order to secure or 
 aid any person in securing any position under the provisions of this act, either in nomi- 
 nation, confirmation, promotion, or increase in salary, or as to any change in any such 
 position, upon a consideration or condition that the vote or political influence or action 
 of the last named person or any other, shall be given or used in behalf of any candidate, 
 officer or party, or upon any other corrupt condition or consideration. And no one, 
 being a public officer, or in nomination for, or while seeking nomination or appointment 
 for, any public officer or having or claiming to have any authority or influence (whether 
 then possessed or merely anticipated) for the securing or holding of or as to affecting 
 any position under the provisions of this act, shall use, or promise or threaten to 
 ■ use, any such authority or influence, directly or indirectly, in order to coerce or per- 
 suade the vote or political action of any person on the eligible lists or holding any 
 position under the provisions of this act. [Amendment of May 27, 1919. In effect 
 immediately. Stats. 1919, p. 1349.] 
 
 No salary to persons appointed in violation of act. 
 
 § 21. No salary, compensation or other emolument shall be paid to any one appointed 
 to or retained in any position in violation of this act. Any officer approving or paying 
 such salary shall be liable for such sum on his official bond. Whenever the commission 
 shall notify the auditing officer that any position has been filled in violation of this 
 act or any of the miles and regulations thereunder, no demand for the salary or com- 
 pensation or other emolument of such position shall be approved or paid except upcm 
 ihe order of a court of competent jurisdiction. [Amendment of May 27, 1919. In 
 effect immediately. Stats. 1919, p. 1349.]
 
 4ct 846, §§ 22-28 GfiNERAL, LAWS. 800 
 
 Appointing power must pay persons accepting appointment in good faith. 
 
 ^ 22. Any person acting in good faith in accepting appointment or employment con- 
 trary to the provisions of this act or of the rules and regulations prescribed thereunder, 
 ghall be paid by the appointing power the compensation promised by or on behalf of 
 the appointing power or in case no compensation is so promised then the actual value 
 of any service rendered and the expense incurred in good faith under such attempted 
 appointment or employment, and shall have a cause of action against the appointing 
 power for such sum or sums and for the costs of action. No public officer shall be reim- 
 bursed by the state or any of its instrumentalities for any sum so paid or recovered in 
 such action. [Amendment of May 27, 1919. In effect immediately. Stats. 1919, 
 p. 1349.] 
 Political or religious opinions not to be considered. 
 
 § 23. No recommendation or question or inquiry under the authority of this act shall 
 relate to the political or religious opinions or affiliations of any person, and no appoint- 
 ment or change in or removal from any position under the provisions of this act shall 
 be in any manner affected or influenced by such opinions or affiliations. [Amendment 
 of May 27, 1919. In effect immediately. Stats. 1919, p. 1350.] 
 
 Witness fees. 
 
 § 24. Witnesses and officers to subpoena and secure the attendance of witnesses 
 before the commission, or any commissioner, or the chief examiner or other authorized 
 agent of the commission, shall be entitled to the same fees as are allowed witnesses in 
 civil cases in courts of record. Such fees need not be prepaid, but the controller shall 
 draw his warrant for the payment of the amount thereof when the same shall have been 
 certified to by the commission and duly proved by affidavit or otherwise to the satis- 
 faction of the controller. [Amendment of May 27, 1919. In effect immediately. 
 Stats. 1919, p. 1350.] 
 
 Penalty. 
 
 § 25. Any person wilfully violating any of the provisions of this act shall be guilty 
 of a misdemeanor. [Amendment of May 27, 1919. In effect immediately. Stats. 1919, 
 p. 1350.] 
 
 Veteran defined. 
 
 § 26. The term "veteran" as used in this act means and includes any person who 
 has served in the United States army, navy, marine corps, revenue marine service, or 
 as an active nurse in the service of the American Red Cross or in the army and navy 
 nurse corps, during or prior to the war between the United States and the Central 
 European Powers and who has not been dishonorably discharged from such service. 
 [Amendment of May 27, 1919. In effect immediately. Stats. 1919, p. 1350.] 
 
 Preference to veterans. 
 
 ^ 27. When proper proof is presented to the state civil service commission that an 
 applicant is a veteran, as defined in this act, and such veteran stands equal in per- 
 centage in any civil service examination for original entrance into the public service, 
 with any other applicant or applicants taking the same examination, it shall be the 
 duty of the state civil service commission to show such veteran preference by giving 
 him the higher rank. [Amendment of May 27, 1919. In effect immediately. Stats. 
 1919, p. 1350.] 
 Purpose of act to give preference to veterans. 
 
 § 28. It is the purpose of this act to give preference, in the manner set forth in the 
 foregoing section, to all persons who have served the government and the people in the 
 army, navy, marine corps, revenue marine service, or as active nurses in the American 
 Red Cross or the army and navy nurse corps, and particularly to persons who have 
 rendered such service during the Ally-Germanic war, the Spanish-American war, the 
 
 J
 
 3G1 CIVIL, service: COM^MISSION. Act 846, §§ 29-31 
 
 Philippine insurrection, the Boxer uprising, the Indian wars, or the Civil War. [New 
 section added May 27, 1919. In effect immediately. Stats. 1919, p. 1350.] 
 
 Interpretation by court. 
 
 § 29. Whenever this act or any part or section thereof is interpreted by a court, it 
 shall be liberally construed by such court. [New section added May 27, 1919. In effect 
 immediately. Stats. 1919, p. 1350.] 
 
 Constitutionality. 
 
 ^ 30. If any section, subsection, subdivision, sentence, clause or phrase of this act 
 is for any reason held to be unconstitutional, such decision shall not affect the validity 
 of the remaining portions of this act. The legislature hereby declares that it would 
 have passed this act, and each section, subsection, subdivision, sentence, clause and 
 phrase thereof, irrespective of the fact that any one or more sections, subsections, sub- 
 divisions, sentences, clauses or phrases be declared unconstitutional. [New section 
 added May 27, 1919. In effect immediately. Stats. 1919, p. 1350.] 
 
 Repealed. 
 
 ^ 31. All acts and parts of acts inconsistent with this act are hereby repealed in so 
 far as they are inconsistent with the provisions of this act. [New section added 
 May 27, 1919. In effect immediately. Stats. 1919, p. 1351.] 
 
 The amending act of May 27, 1919, contained the following: 
 
 Emergency measure. 
 
 Sec. 6. Inasmuch as the United .States military and naval forces are being demobil- 
 ized and those who went into the federal service are suddenly returning in great num- 
 bers to their homes; and inasmuch as this act will assist them to re-employment, 
 thereby simplifying the problems of reconstruction, it is hereby declared that this act 
 is an emergency measure necessary for the immediate preservation of the public peace, 
 health and safety, under the provisions of section one of article four of the constitution 
 of the state of California and that this act shall take effect immediately. 
 
 state civil service act not binding upon county of San Francisco. — Ulite v. Rosen- 
 the civil service commission of the city and thai, 37 Cal. App. 519, 174 Pac. 83. 
 
 CLAREMONT. 
 
 See Act 3094, note. 
 
 CLEAR LAKE. 
 See Kerr's Cyc. Political Code, § 2349. 
 
 CLEVELAND NATIONAL FOREST. 
 
 See tit. ''Forestiy." 
 
 CLOVERDALE. 
 
 See Act 3094, note. 
 
 CLOVIS. 
 
 See Act 3094, note. 
 
 COACHELLA VALLEY STORM WATER DISTRICT. 
 
 See tit. "Storm Water Districts." 
 
 COALINGA. 
 
 See Act 3094, note. 
 
 CHAPTER 60. 
 COAST SURVEY. 
 
 CONTENTS OF CHAPTER. 
 ACT 860. Enter Lands. Protect Operations.
 
 Acts 8C0-S70, § 1 GKNERAL LAWS. 362 
 
 ENTER LANDS. PROTECT OPERATIONS. 
 ACT 860 — An act to authorize persons engaged in the U. S. coast survey to enter 
 upon lands within the state; to protect the operations of the same from injury and 
 molestation, and to ascertain the mode of assessing damages and to punish offenders. 
 
 History: Passed April 2, 1852, Stats. 1852, p. 147. 
 Nature and purpose ot act sufliciently appears from title. 
 
 CHAPTER 61. 
 CODE COMMISSION. 
 
 CONTENTS OF CHAPTER. 
 ACT 865. Creation of Commission. 
 
 CREATION OF COMMISSION. 
 ACT 865 — An act to create and establish a commission for revising, systematizing, and 
 reforming the laws of this state, and for the appointment of the members of said 
 commission, to be known as "The commissioners for the revision and reform of the 
 law," and to prescribe their powers and duties; and to authorize the appointment of 
 a secretary and stenographer therefor; and to provide for the compensation and 
 expenses of said commission, secretary, and stenographer, and to appropriate money 
 therefor. 
 
 History: Approved March 28, 1895, Statg. 1895, p. 345. Amended 
 March 25, 1903, Stats, 1903, p. 479; March 20, 1905, Stats. 1905, p. 403; 
 March 15, 1907, Stats. 1907, p. 294; April 19, 1909, Stats. 1909, p. 997. 
 
 Composition of eoiiimissioii — Termination. By the act of 1907 it was continued until 
 
 — The commission originally consisted of Oct. 1, 1911, when it was to cease to exist, 
 
 three persons. In 1903 it was reduced to one A further appropriation was made in 1909, 
 
 person. By the act of 1905, it was provided but no change was made as to termination, 
 the commission should cease on May 1, 1907, 
 
 CHAPTER 62. 
 COLD STORAGE. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 870, Cold Storage Act, 
 
 871, Butter and Eggs in Storage More Than Three Months. 
 
 872, Fraudulent Sale of Cold Storage Butter and Eggs. 
 
 COLD STORAGE ACT. 
 
 ACT 870 — An act relating to cold storage, the regulation of refrigerating warehouses, 
 
 the disposition or sale of food kept or preserved therein, and defining the duties of 
 
 the state board of health in relation thereto. 
 
 History: Approved June 13, 1913. In effect August 10, 1913. Stats. 
 1913, p. 769. Amended May 19, 1915. In effect August 8, 1915. Stats. 
 1915, p. 601; April 20, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 152. 
 
 "Cold storage" defined. 
 
 ^ 1. The term "cold storage" as used in this act shall be construed to mean a place 
 artificially cooled to a temperature of forty degrees Fahrenheit or below but shall not 
 include such a place in a private home, hotel, restaurant, or exclusively retail establish- 
 ment not storing articles of food for other persons. The term "cold stored" as used 
 in this act shall be construed to mean the keeping of "articles of food," in "cold 
 storage" for a period exceeding thirty days. The term "articles of food" as used in 
 this act shall be construed to mean and include fresh meat and fresh meat products 
 (except in process of manufacture), fresh and dried fruit and vegetables, fish, shellfish, 
 game, poultrj-, eggs, butter and cheese. The term "storer" as used in this act shall
 
 363 COLD STORAGE. Act 870, §§ 2-4 
 
 be construed to mean the person or persons "who offer articles of food for cold storage. 
 [Amendment of May 19, 1915. In effect August 8, 1915. Stats. 1915, p. 601.] 
 
 Application to operate cold storage plant. License fee. Restaurants, hotels, etc., 
 
 excepted. 
 
 ^ 2. Any person, firm or corporation desiring to operate a cold storage refrigerating 
 warehouse wherein shall be stored "articles of food" for a period exceeding thirty 
 days, shall make application in writing to the state board of health for that purpose, 
 stating the location of its plant or plants. On receipt of the application the state board 
 of health shall cause an examination to be made into the sanitary condition of said 
 plant or plants and if found to be in a sanitary condition and otherwise properly 
 equipped for the business of cold storage, the state board of health shall cause a 
 license to be issued authorizing the applicant to operate a cold storage or refrigerating 
 warehouse for and during a period of one year. The license shall be issued upon pay- 
 ment by the applicant of a license fee to the state board of health for each and every 
 warehouse or plant operated by applicant under the provisions of this act for all cold 
 storage or refrigerating warehouses or plants having a capacity of ten thousand cubic 
 feet, or less, a fee of fifteen dollars. For all cold storage or refrigerating warehouses or 
 plants having a capacity of more than ten thousand cubic feet and less than fifty thou- 
 sand cubic feet, a fee of thirty dollars. For all cold storage or refrigerating ware- 
 houses or plants having a capacity of more than fifty thousand cubic feet and less than 
 one hundred thousand cubic feet, a fee of forty dollars. For all cold storage or refrig- 
 erating warehouses or plants having a capacity of one hundred thousand cubic feet or 
 more, a fee of fifty dollars. 
 
 The secretary' of the state board of health shall keep a full and correct account of all 
 fees received under the provisions of this act, and shall, at least once each month, 
 deposit all such fees collected with the state treasurer and make a detailed report 
 covering same to the state controller, and such moneys shall be credited to the appro- 
 priation for the support of the pure food and drug laboratory ; provided, however, that 
 nothing in this act contained shall apply to cold storage or cold storage or refrigerating 
 plants or warehouses as herein defined which are maintained or operated by restaurants, 
 hotels, or exclusively retail establishments not storing articles of food for other persons. 
 [Amendment of April 20, 1917. In effect July 27, 1917. Stats. 1917, p. 152.] 
 
 This section was also amended May 19, 1915, Stats. 1915, p. 601. 
 
 Use of unsanitary places for cold storage prohibited. 
 
 § 3. In the event that any place or places, or any part thereof, covered by a license, 
 under the provision of this act shall at any time be deemed by the state board of 
 health to be in an unsanitary condition, it shall be the duty of the state board of health 
 to notify licensee of such condition and upon the failure of the licensee to put said 
 specified place or places, or the specified part thereof, in a sanitary condition within a 
 designated time it shall be the duty of the state board of health to prohibit the use 
 under its license [of] such specified place or places, or part thereof, as it deems in an 
 unsanitary condition until such time as it may be put in a sanitary condition. 
 
 Record of receipts and withdrawals. Quarterly reports. 
 
 ^ 4. It shall be the duty of any person, firm or corporation, licensed to operate a 
 cold storage or refrigeration warehouse to keep an accurate record of the receipts and 
 the withdrawals of the articles of food, and the state board of health shall have free 
 access to these records at any time. 
 
 Every such person, firm or corporation, shall, furthermore, submit a quarterly report 
 to the state board of health, setting forth in itemized particulars quantity of food 
 products held in cold stx^rage. Such quarterly reports shall bo filed on or before the 
 25th day of January, April, July and October of each year, and the reports so rendered
 
 f 
 
 Act S70. gg 5-0 GENERAL. LAAVS. 394 
 
 shall show the conditions existing on the first day of the month in which the report is 
 filed. The state board of health shall have the authority to require such reports to be 
 made at more frequent intervals than the times herein specified, if in the judgment of 
 the state board of health more frequent reports shall be needed in the interest of a 
 proper enforcement of this act, or for other reasons affecting the public welfare. 
 
 Diseased articles not to be stored. Articles for other than human consumption to be 
 
 marked. 
 
 ^ 5. No storer shall place in cold storage any article of food intended for human 
 consumption, if diseased, tainted or deteriorated so as to injure its keeping qualities, 
 or if not slaughtered, handled and prepared for storage in accordance with, the pure 
 food and sanitary food laws and such rules and regulations as may be prescribed by 
 the state board of health for the sanitary preparation of food products for cold storage, 
 under the authority hereinafter conferred. Any article of food if intended for use 
 other than human consumption before being cold stored shall be marked by the owner 
 in accordance with forms prescribed by the state board of health, under authority 
 hereinafter conferred, in such a way as to plainly indicate the fact that such articles 
 are not to be sold for human food. 
 
 Board of health to supervise and inspect cold storage plants. 
 
 § 6. It shall be the duty of the state board of health to inspect and supervise all 
 cold storage or refrigerating warehouses in this state, and to make such inspection 
 of the entry of articles of food therein as the state board of health may deem neces- 
 sary to secure proper enforcement of this act. The members of the state board of 
 health or its duly authorized agents, inspectors or employees, shall be permitted 
 access to such establishments and all parts thereof at all reasonable times for pur- 
 poses of inspection and enforcement of the provisions of this act. The state board of 
 health may also appoint and designate, at such salary or salaries as it may designate, 
 such person or persons as it deems qualified to make the inspections herein required. 
 
 Dates of receipt and withdrawal marked on articles. 
 
 § 7. All articles of food when deposited in cold storage shall be marked plainly on 
 the containers in which they are packed or on the individual article with the date of 
 receipt, in accordance with such nales and forms as may be prescribed by the state 
 board of health, under the authority hereinafter conferred; and when removed from 
 cold storage shall be marked in like manner with the date of withdrawal. [Amend- 
 ment of April 20, 1917. In effect July 27, 1917. Stats. 1917, p. 153.] 
 
 Maximum period twelve months. Extension of period. 
 
 § 8. No person, firm or corporation as owners or having control shall keep in cold 
 storage any article of food for a longer period than twelve calendar months, except 
 with the consent of the state board of health, as hereinafter provided. The state board 
 of health, shall, upon application, grant permission to extend the period of storage 
 beyond twelve months for a particular consignment of goods, if the goods in question 
 are found, upon examination, to be in proper condition for further storage at the end 
 of twelve months. The length of time for which further storage is allowed shall be 
 specified in the order granting the permission. A report on each case in which such 
 extension of storage may be permitted, including information relating to the reason 
 for the action of the state board of health, the kind and the amount of goods for which 
 the storage period was extended, and the length of time for which the continuance 
 was granted, shall be included in the annual report of the state board of health. 
 
 Notice : "These are cold storage goods." 
 
 ^ 9. It shall be unlawful to sell, or to offer or expose for sale, uncooked articles of 
 food which have been cold stored without notifying persons purchasing, or intending
 
 3C3 COLD STORAGE. Act 871, §§ 1-3 
 
 to purchase, the same that they have been kept in cold storage by the display, in a 
 conspicuous place and upon the articles of food, of a sign marked, "These are cold 
 stored goods, ' ' in type at least two inches high ; and it shall be unlawful to represent or 
 advertise as fresh goods articles of food which have been placed in cold storage. 
 
 Unlawful to return cold stored articles to cold storage. 
 
 $ 10. It shall be unlawful to return to cold storage any article of food that has once 
 been released from such storage and placed on the market for sale to consumers, but 
 nothing in this section shall be construed to prevent the transfer of goods from one 
 cold storage or refrigerating warehouse to another, provided, that such transfer is not 
 made for the purpose of evading any provision of this act. 
 
 Rules and regulations. 
 
 § 11. The state board of health maj' -make rules and regulations to secure a proper 
 enforcement of the provisions of this act, including rules and regulations with respect 
 to the sanitary preparation of articles of food for cold storage, the use of marks, 
 tags, or labels, and the display of signs, and the violation of such rules shall be pun- 
 ished on conviction, as provided in section 12 of this act. 
 
 Penalty. 
 
 § 12, Any person, firm or corporation violating any of the provisions of this act shall 
 upon conviction be punished for the first offense by a fine not exceeding five hundred 
 dollars, and for the second offense by a fine not exceeding one thousand dollars, or by 
 imprisonment for not more than ninety days, or by both such fine and imprisonment. 
 
 $ 13. All acts and parts of acts in confiict herewith are hereby repealed. 
 
 BUTTER AND EGGS. 
 ACT 871 — An act to regulate the sale of eggs and butter that have "been in cold storage 
 for a longer period than three months, reciuiring the labeling thereof by all persons 
 selling or offering the same for sale, empowering and directing the state board of 
 health to make rules and regulations to carry this act into effect and fixing penal- 
 ties for the violation of the same, or any of the provisions. 
 
 History: Approved March 14, 1911, Stats. 1911, p. 356. 
 
 Definitions. 
 
 $ 1. For the purpose of this act the words "person, firm, company or corporation" 
 shall include wholesalers, retailei's, jobbers, and every place where eggs or butter that 
 have been in cold storage for a longer period than three months are sold or offered 
 for sale. 
 
 Marking cold storage packages. 
 
 $ 2. Every person, firm, company or corporation, who sells or offers for sale any 
 eggs or butter that have been in cold storage for a longer period than three months 
 shall, before so doing, cause to be stamped, marked or branded upon all sides of each 
 receptacle holding and containing the same in black-faced letters two inches in length 
 the period of time during which the same have been in cold storage. 
 
 Sign. 
 
 $ 3. That every person, firm, company or corporation selling or offering for sale 
 any cold storage eggs or butter, shall display in a conspicuous place in his or their 
 salesroom, a sign bearing the words "Cold storage eggs or butter sold here" in black- 
 faced letters not less than six inches in length upon a white ground.
 
 Acts 872. S78 GBNERAL LAWS. 380 
 
 Penalty. 
 
 $ 4. Every person, firm, company or corporation, who shall fail to comply with any 
 of the provisions of this act is guilty of a misdemeanor and punishable by imprison- 
 ment in the county jail for a term not exceeding six months, or a fine of two hundred 
 and fifty dollars, or both fine and imprisonment. 
 
 Rules. 
 
 § 5. The state board of health is hereby authorized and directed to make rules and 
 
 regulations necessary to carry this act into effect. 
 $ 6. This act shall take effect immediately. 
 
 Naniifavtiire and Hale of butter iu general. Penalty for sale of cold storage teen and 
 
 — See tits. "Butter," "Dairies." butter as fresh eggs and butter. — See, post. 
 
 Act 872. 
 
 FRAUDULENT SALE OF BUTTER AND EGGS. 
 ACT 872 — An act regulating the sale of cold storage eggs and butter, represented to 
 be fresh eggs and butter, and fixing a penalty for the violation thereof. 
 History: Approved March 6. 1911, Stats. 1911, p. 285. 
 
 Selling storage eggs and butter as fresh. 
 
 $ 1. Every person, firm, companj' or corporation, who sells or offers for sale any 
 cold storage eggs or butter, as and for fresh eggs or butter, or who by any means 
 whatever represents the same to be fresh eggs or butter is guilty of a misdemeanor. 
 
 Manufacture and sale of butter. — See tits. "Butter," "Dairiea." 
 
 COLFAX. 
 
 See Act 3094, note. 
 
 COLLEGE CITY. 
 
 See tit. ''Intoxicating Liquors." 
 
 CHAPTER 63. 
 COLLEGES. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 878. Incorporation op Colleges. 
 
 880. Assent op State U. S. Endowment op Agricultural Coli^eqes, 
 
 INCORPORATION OF. 
 ACT 878— An act to provide for the incorporation of colleges. 
 
 History: Approved April 20, 1850, Stats. 1850, p. 273. Amended 
 April 13 1855. Stats. 1855, p. 110; February 21, 1868, Stats. 1867-68, 
 p 69- March 20, 1868, Stats. 1867-68, p. 218; March 28, 1870, Stats. 
 1869-70, p. 419. Supplemented April 27, 1863, Stats. 1863, p. 775; Jan- 
 uary 8, 1872, Stats. 1871-72, p. 10. The supplemental act of 1872 was 
 amended February 7, 1874, Stats. 1873-74, p. 85. 
 
 Editor's note: "The code commissioner seeing' that It purports to amend an act 
 
 speaking of this act says: "Section 288 of already repealed." 
 
 the Civil Code repealed this act, together It may be suggested, however, that the 
 with other acts affecting corporations, but legislature did not, by § 288, Civil Code, re- 
 provided that corporations which were in ex- peal this law. but left it in force as to ex- 
 istence at the time the codes went into effect isting corporations formed under it. Not 
 might remain subject to the laws under having lost all its vitality, is it not subject 
 which they were formed. It may therefore to amendment at least in a detail consist- 
 perhaps be doubted whether the amendment ent with the act and not inconsistent with 
 of 1873-74, p. 85, which was passed after the provisions of the code? 
 i 288 went into effect is of any validity. This view finds support in the fact that 
 
 i^
 
 367 COLTON HALL. Acts 880-89S 
 
 the amendment referred to Is not an amend- amending act, ft may be said that, treating 
 
 ment of the general act of 1850, but of the that section as an act of original legisla- 
 
 Bupplementary act of 1872, which deals with tion, it is not inconsistent witli §§ 649, et 
 
 Institutions, existing and to be formed, un- seq., of the Civil Code, and has the effect 
 
 der the auspices of benevolent, religious, merely of a classification, making provision 
 
 and fraternal organizations and societies. for this particular kind of an institution. 
 
 The amendment, so far as it relates to insti- Whether section 1 of the amending act is 
 
 tutions already formed and existing under properly to be construed as an original act 
 
 the act of 1850 or the supplementary act of of legislation, and whether the classification 
 
 1872, is certainly a valid act of legislation, attempted is a reasonable one, or not, are 
 
 since the amended acts are expressly con- questions for judicial determination, 
 
 tinued in force, as to existing corporations, Incorporation of colleges and seminaries 
 
 by § 288, Civil Code. As to corporations to of learning. — See Kerr's Cyc. Civil Code, 
 
 be formed, covered by section 1 of the §§ 649, et seq. 
 
 ENDOWMENT OF AGRICULTURAL COLLEGES. 
 ACT 880 — An act expressing assent of the state of California to the act of Congress, 
 approved August thirtieth, eighteen hundred and ninety, entitled "An act to apply 
 a portion of the proceeds of the public lands to the more complete endowment and 
 support of the colleges for the benefit of agriculture and the mechanic arts established 
 under the provisions of an act of Congress, approved July second, eighteen hun- 
 dred and sixty-two," and to the purposes of the grants of moneys authorized 
 thereby, and to all the provisions thereof. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 458. 
 
 COLTON. 
 
 See Act 3094, note. 
 
 CHAPTER 64. 
 COLTON HALL. 
 
 CONTENTS OF CHAPTER. 
 ACT 890. CoLTON Hall Trustees. 
 
 COLTON HALL TRUSTEES. 
 ACT 890 — An act to provide for the appointment of a board of Colton Hall trustees, 
 and for the leasing of the Colton Hall property, and providing for an appropriation 
 for the preservation, protection, and improvement of said property. 
 
 History: Approved March 25, 1903, Stats. 1903, p. 435. 
 
 CHAPTER 65. 
 COLUSA COUNTY. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 895. "No Fence Law." 
 
 896. Irrigation and Navigation Canal. 
 
 899. "Colusa and Yolo Drainage District." 
 
 900. Partition Fences. 
 
 910. Act to Quiet Title to Certain Lands in Yolo and Colusa Counties.. 
 
 "NO FENCE LAW." 
 
 ACT 895 — An act to protect agriculture and to prevent trespassing of animals ih che 
 
 county of Colusa. 
 
 History: Approved March 28, 1872, Stats. 1871-72, p. 685. Amended 
 March 28, 1874, Stats. 1873-74, p. 760. 
 
 No fence law. — This la one of the series Repeal. — The code commissioners say of 
 
 of county acts, known as the "no fence this act that it was repealed by the general 
 
 laws." estray law; but see editor's note to chapters 
 
 Repealed. — The amending act of 1874, re- on "Estrays" and "Trespassing animals." 
 pealed sections 7. 8 and 9 of the original act.
 
 Act* 886-916 
 
 GENERAL LAW'S. 
 
 IRRIGATION AND NAVIGATION CANAL. ' 
 ACT 896 — An act to develop agricultural interests and aid the construction of a canal 
 in Colusa, Solano, and Yolo counties. 
 
 History: Approved March 26, 1866, Stats. 1865-66, p. 451. 
 This act provided for the organization of City of Madera v. Madera Irr. Dlot., 1B9 Cal. 
 
 a canal company to construct an irrig-ation 
 and navigation canal from the Sacramento 
 at a point near the county line of Colusa 
 and Tehama counties to Cache creek In 
 Solano County. 
 
 Dnty of canal owner to construct and 
 maintain highway and other crossings. — 
 
 749, 754, 115 Pac. 936. 
 
 Incorporation of canal companies. — See 
 Kerr's Cyc. Civil Code, §§ 283, et seq. 
 
 Rights, duties and obligations of canal 
 companies. — See Kerr's Cyc. Civil Code, 
 §§ 548-552, and 1410b. 
 
 "COLUSA AND YOLO DRAINAGE DISTRICT. '» 
 ACT 899 — An act to provide for the drainage of certain lands in the connties of 
 Colusa and Yolo. 
 
 History: Approved April 1, 1878, Stats. 1877-78, p. 1037. 
 Drainage districts in general. — See tit. "Drainage Districts." 
 
 PARTITION FENCES. 
 ACT 900 — An act concerning partition fences in the counties of Colusa and Tehama. 
 
 History: Approved March 11, 1876, Stats. 1875-76, p. 207. 
 Fence laws In general. — See tits. "Fences." 
 
 QUIET TITLE. 
 ACT 910 — An act to c[uiet title to certain land in the counties of Yolo and Colusa, In 
 the state of California. 
 
 History: Approved March 30, 1874, Stats. 1873-74, p. 818. 
 
 This act relinquished the claims of the 
 state of California to certain lands, to the 
 
 United States, in order to quiet title of 
 actual settlers under United States grants. 
 
 CHAPTER 66. 
 
 COLUSA, TOWN OF. 
 References: Incorporation of, see post Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 916. Issue of Egad Bonds Authorizeu. 
 
 ISSUE OF ROAD BONDS AUTHORIZED. 
 ACT 916 — An act to authorize the hoard of trustees of the tovm of Colusa to issue 
 bonds for road purposes. 
 
 History: Approved March 20, 1878, Stats. 1877-78, p. 369. Amended 
 March 12, 1880, Stats. 1880, p. 9. 
 
 COMMERCE, CHAMBER OP. 
 
 See Kerr's Cyc. Civil Code, §§ 591, et seq. 
 
 COMMISSION MARKET. 
 See tit. "State Commission Market." 
 
 COMMISSIONERS IN EQUITY. 
 See Kerr's Cyc. Code Civil Procedure, ^ 258, 259, and 2024, et seq. 
 
 COMMISSIONER OF TRANSPORTATION. 
 
 See tit. "Public Utilities."
 
 368 CONSERVATION. Act 940, §§ 1-3 
 
 COMMON LAW. 
 
 See Kerr's Cyc. Political Code, $§4, 4468; Kerr's Cyc. Code Civil Procedure, H; 
 
 Kerr 's Cyc. Civil Code, § 5 ; Kerr 's Cyc. Penal Code, § 4. 
 
 COMPTON. 
 
 See Act 3094, note. 
 
 CONCORD. 
 
 See Act 3094, note. 
 
 CONGRESSIONAL DISTRICTS. 
 
 See Kerr's Cyc. Political Code, $ 117, 
 
 CHAPTER 67. 
 CONSERVATION. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 940. State Conservation Commission. 
 941. "Conservancy Act of California." 
 
 STATE CONSERVATION COMMISSION. 
 ACT 940 — An act creating and establishing a commission for investigating and gather- 
 ing data and information concerning the subjects of forestry, water, the use of 
 water, water power, electricity, electrical and other power, mines and mining, 
 mineral and other lands, dredging, reclamation and irrigation, and for revising, 
 systematizing and reforming the laws of this state upon, concerning, regarding or 
 appertaining to these said subjects; providing for the appointment of said com- 
 mission to be known as the "Conservation Commission of the State of California"; 
 prescribing the powers and duties of said commission and its members and pro- 
 viding for the expenses of said commission and appropriating money therefor. 
 History: Approved April 8, 1911, Stats. 1911, p. 822. 
 
 Conservation commission. 
 
 $ 1. A commission consisting of three persons which shall be known and designated 
 as the "Conservation Commission of the State of California," is hereby created and 
 established for the purpose of investigating and gathering data and information con- 
 cerning the subjects of forestry, water, the use of water, water power, electricity, elec- 
 trical or other power, mines and mining, mineral and other lands, dredging, reclama- 
 tion and irrigation, and for the purpose of revising, systematizing and reforming the 
 laws of this state, upon, concerning, regarding or appertaining to these said subjects. 
 
 Appointment by governor. 
 
 ^ 2. Said commission shall be appointed by the governor, and shall enter upon the 
 performance of its duties immediatelj'. The members of said commission shall hold 
 office at the pleasure of the governor. In case of a vacancy in said commission, such 
 vacancy shall be filled by appointment b}' the governor. 
 
 Duties. 
 
 ^ 3. It shall be the duty of said commission to investigate and examine the laws 
 of the United States, of foreign nations, of the states of the Union and of this state, 
 and the reports and recommendations of persons, officials, commissions, societies and 
 associations upon the subjects of forestry, water, the use of water, water power, elec- 
 tricity, electrical and other power, mines and mining, mineral and other lands, dredg- 
 
 Gen. Laws— 24
 
 Act 040. gg 4-11 GENERAL I-AAVS. 37U 
 
 ing. reclamation and irrigation and to prepare and recommend to the legislature laws, 
 statutes and constitutional amendments revising, systematizing and reforming the laws 
 of this state upon forestry, water, the use of water, water power, electricity, electrical 
 and other power, mines and mining, mineral and other lands, dredging, reclamation 
 and irrigation. The said commission is hereby authorized and empowered to do and 
 perform the acts and things required of it by this act, and to adopt all rules and regu- 
 lations necessary to carry out the provisions of this act. 
 
 Beports. 
 
 $ 4. The said commission is hereby empowered and authorized to have printed by 
 the state printer its reports, records and proceedings in the manner provided by law. 
 
 State of&cers to assist. 
 
 v3 5. It is hereby made the duty of the attorney-general, surveyor-general, the state 
 engineer and all other state officers to render such aid and assistance to said board as 
 said board may require. 
 
 Expert, etc., assistance. 
 
 ^ 6. For the purpose of carrying out the provisions of this act the said commission 
 is authorized to employ such expert, technical, professional and clerical assistance and 
 upon such terms as it may deem proper. 
 
 Commission given authority to enter all lands. 
 
 4 7. In order to carry out th§ provisions of this act the members of said commis- 
 sion or any person authorized by it are authorized to enter and cross all lands within 
 this state, and to make all proper and necessary surveys and measurements of land 
 and water; provided, that in doing so no damage is done to private property; and it 
 shall be a misdemeanor, for any person or persons to wilfully and maliciously remove 
 or destroy any permanent marks or monuments made or erected by said commission 
 or any person or persons under its direction or authorization, or to prevent the mem- 
 bers of the said commission or any person authorized by said commission to enter and 
 cross any land within this state or to make surveys and measurements of land and 
 water. 
 
 No salary. 
 
 § 8. Said commissioners shall receive no salary for their services but shall be 
 allowed their actual expenses while in the performance of their duties as in this act 
 provided. * 
 
 Appropriation. 
 
 § 9. The sum of $100,000 is hereby appropriated out of the funds of the state not 
 otherwise appropriated for the purposes of carrying out the provisions of this act, and 
 the state controller is hereby authorized and directed to draw warrants upon such sum 
 from time to time upon the requisition of said conservation commission approved by 
 the board of examiners, and the state treasurer is hereby authorized and directed to 
 pay such warrants. 
 
 § 10. All acts or parts of acts in conflict herewith are hereby repealed. 
 
 5 11. This act shall take efEect immediately. 
 
 1. Attorney — Employment by the com- tlon commission the laws of the different 
 
 mission. — Section 472. Political Code, has no nations, the federal government, and the 
 
 application to the employment by the state states of the Union, affecting conservation 
 
 conservation commission of an attorney "to generally," and the consent of the attorney 
 
 compile for the use of said state conserva- general to such employment is not required. 
 
 II
 
 371 CONSERVATION. Act 941 
 
 — U'ren v. State Board of Control, 31 Cal. is final. — U'ren v. State Board of Control, 31 
 
 App. 6, 159 Pac. 615. Cal. App. 6, 159 Pac. 615. 
 
 2. Compilation of conservancy laws ^ 4. Suit against tlie state. — An action in 
 Clerical In character. — While the work of mandamus to compel the state board of con- 
 compiling conservancy laws may be best trol to audit a claim allowed by the state 
 performed by one skilled in the knowledge conservation commission and payable out 
 of the law, it is not strictly professional in of a fund set apart by the legislature for 
 character, and may be performed by one the payment of claims so allowed, is not an 
 possessing clerical ability without possess- action against the state, but is against the 
 ing the title or the license to practice law. board of control to compel the performance 
 — U'ren v. State Board of Control, 31 Cal. of an official act, to wit, the auditing of the 
 App. 6, 159 Pac. 615. claim. — U'ren v. State Board of Control, 31 
 
 3. Claim for services In compiling con- Cal. App. 6, 159 Pac. 615. 
 
 •ervancy laws. — Approval by the commission Conservancy districts. — See, post. Act 941. 
 
 "CONSERVANCY ACT OF CALIFORNIA." 
 
 ACT 941 — An act to provide for the organization and government of conservancy dis- 
 tricts for certain specified purposes; to provide for the issuance, sale and hypotheca- 
 tion of district "bonds to pay the costs and expenses incurred in relation thereto, 
 and to provide for the retirement of such bonds; to provide for the levying and col- 
 lection of taxes to pay the annual installment of principal and interest on said 
 bonds; to provide for levying and collecting special assessments for special benefits 
 and to issue improvement warrants to represent such special assessments for special 
 benefits; to provide for the effect and enforcement of such improvement warrants 
 and the application of moneys derived from the enforcement thereof ; and to provide 
 a method of dissolving such districts. 
 
 History: Approved May 16, 1919. In effect July 22, 1919, Stats. 
 1919, p. 559. 
 
 ANALYSIS OF ACT. 
 
 i 1. Title of Act. Definitions. 
 § 2. conseevanct districts. purposes. 
 
 § 3. Petition. Contents. Amendment. Evidence of Ownership. 
 § 4. Bond. 
 
 § 5. Notice op Heakinq. Jurisdiction of Board of Supervisors. Joint Meeting. Hear- 
 ing OF Objections. Lands Included in District. 
 § 6. Election. Notice. Candidates for Director. Conduct of Election. One Vote for 
 Each Acre of Land. Fraction of Acre. Joint Ownership. Unknown Owners. 
 Proxies. Canvass of Votes. If Majority for District. If Majority Against 
 District. Directors Declared Elected. Name. Powers of District. Place of 
 Business. 
 § 7. Recording Resolution Estabushing District. 
 § 8. Oath of Director. President and Secretary. 
 § 9. Quorum. 
 § 10, Duties of Secretary. Chief Engineer. Attorney. 
 § 11. Plan for Improvements. Use of Former Survey. Notice op Hearino on Plan. 
 
 Objections. Approval of State Engineer. Adoption. 
 § 12. Power of Directors. 
 
 § 13. Right to Enter Lands to Make Surveys, Etc 
 § 14. Powers of Directors to Perform Work. Limitations. 
 § 15. Letting Contracts. 
 § 16. Right of Eminent Domain. 
 § 17. Right to Condemn Property. 
 
 § 18. Regulation of Ditches. Consent of Health Officers. 
 § 19. Power to Change Watercourse, Etc. 
 § 20. Moving Dredge Boat Through Bridge or Grade. 
 § 21. Stream Gauges, Etc. 
 § 22. Co-operation With U. S. Government.
 
 itct041 GENERAL I- AWS. 
 
 § 23. Appropkiatiok or Increased Water Supply. Appucation to Use Water Appropri- 
 ated. Bights of Municipalities. Terms of Lease. Regulations for Determinino 
 Rates. Rates Fixed by Railroad Commission. Determination of Waxes Rights, 
 Etc. 
 
 § 24. Board op Appraisers. 
 
 § 25. Appraisal of Benefits and Damages. Appraisal of Property foe Purchase. 
 
 § 26. Lands Outside District. 
 
 § 27. Report of Board of Appraisers. Filing. 
 
 § 28. Kotice of Hearing on Appraisals. Description of Lands. 
 
 § 29. Hearing of Objections. 
 
 § 30. Approval of Report. Disorganization op District on Disapproval op Report. 
 
 § 31. Condemnation of Property. 
 
 § 32. Alterations or Additions to Plan. 
 
 § 33. Validity of Proceeding Not Affected by Fault. 
 
 § 34. District Funds. 
 
 § 35. Payment of Preliminary Expenses. Advance op Funds by Counties. Tax Levy 
 FOR Incidental Expenses. 
 
 § 36. Interest on Unpaid Warrants. 
 
 S 37. Bond Issue to Complete Works. Additional Issue. Ordinance Callino Election. 
 Rate of Interest. Election Precincts. General Description op Work. Publi- 
 cation OF Ordinance. Defects or Irregularities Not to Affect Validity. 
 Majority Vote. Form of Bonds. Sale of Bonds. Tax to Pay Principal and 
 Interest. Tax Provisions of Political Code Adopted. Partial Sale or Pledge. 
 Manner of Securing Payment of Bonds. Validity of Bonds. Conversion into 
 Registered Bonds. Statement on Registered Bond. To Whom Registered Bonds 
 Payable. 
 
 § 38. Bonds Legal Investments. 
 
 § 39. Improvement Warrants. Form op Improvement Warrant. Payment op Improve- 
 ment Warrants. 
 
 § 40. Record of Improvement Warrants. 
 
 § 41. Amount of Warrant Lien on Property, 
 
 § 42. Improvement W^ arrant Fund. 
 
 § 43. Sale of Land on Default of Owner. 
 
 § 44. Delinquent Improvement Warrants. 
 
 § 45. Affidavit of Publication. 
 
 § 46. Added Costs. 
 
 § 47. Record of Sale. 
 
 § 48. Purchaser Du'ested of Lien. 
 
 § 49. Redemption of Property Sold. 
 
 § 50. Certificate of Sale Filed. 
 
 § 51. Deed to Property Sold. 
 
 § 52. Deed Conclusive Evidence of Proceedings. 
 
 § 53. Paying Off Warrant. 
 
 § 54. Conservancy Maintenance Assessments. 
 
 § 55. Readjustment of Appraisal of Benefits. 
 
 § 56. Invalid Assessments. 
 
 § 57. Collection of Tax Levied Against County ob City. Designation op District. 
 Dissolution op District. Liens Not Affected by Dissolution. Duty op Ofpicees 
 IN THE Event of Dissolution. 
 
 § 58. Failure of Tax Collector to Make Prompt Payment. 
 
 § 59. Use of Surplus Funds. Yearly Report to Board op Supebvisobs. 
 
 § 60. Per Diem Expenses of Directors and Appbaisebs. 
 
 § 61. Land in More Than One District. 
 
 § 62. Conference of Supervisors to Determine Jurisdiction o» Distbicts, 
 
 § 63. Sub-districts. Officers of Main District to Serve. 
 
 § 64. Protection of Works. 
 
 § 65. Penalty for Injuring Bench Marks, Etc. 
 
 § 66. Liability for Damages. 
 
 § 67. Districts for Forestation and Reforestation. 
 
 § 68. If Notice Is Not Properly Given. 
 
 § 69. Early Hearing on Question op Validity. 
 
 § 70. Construction of Act. 
 
 § 71. Constitutionality. 
 
 § 72. Alternative Act.
 
 373 COXSKRVATION. Act 941, g 1 
 
 I 73. Jurisdiction of Supervisors Over Proceeding. Bonding Resolution. Abbreviations. 
 Land Described by Reference to Record. Unnecessary to Specify Names in 
 Notice. District a Political Subdivision. Powers or State Commissions Not 
 Limited. 
 S 74. Forms of Procedure. 
 
 Notice of hearing on the petition. 
 
 Finding on hearing. 
 
 Notice to property owner to pay assessment. 
 
 Bond and coupon. 
 
 Notice of enlargement of district. 
 
 Notice of hearing on appraisals. 
 
 Title. Terms defined. 
 
 ^ 1. Terms defined. This act may be known and cited as the "conservancy act of 
 California"; the bonds vphich may be issued hereunder may be briefly called "con- 
 servancy bonds," and shall be so engraved or printed on their face; the districts 
 created hereunder shall be briefly termed "conservancy districts" or "conservation 
 districts"; the tax books and records provided for hereunder shall be termed "con- 
 servancy books" or "conservancy records," and such titles shall be printed, stamped 
 or written thereon. 
 
 "Publication." 
 
 Wherever the term "publication" is used in this act and no manner specified there- 
 for, it shall be taken to mean once a week for three consecutive weeks in a newspaper 
 of general circulation in the county wherein any part of the district is situated. 
 
 "Assessment roll." 
 
 Wherever the term "assessment roll" is used herein it shall be held to mean the 
 "last" tax assessment roll of the county. 
 
 ' ' Railroad commission. ' ' 
 
 AVhere the term "railroad commission" is used herein it shall be held to mean that 
 certain state commission referred to in the public utilities act of the state of California. 
 
 ' 'Water commission. ' ' 
 
 Wherever the term "water commission" is used herein it shall be held to mean that 
 certain commission of the state of California referred to in an "act to create the use 
 of waters," etc., approved June 16, 1913, and when the "water commission act" is 
 referred to it shall be held to mean said "act to create the use of waters," etc., 
 approved June 16, 1913. 
 
 "State engineer." 
 
 Wherever the term "state engineer" is used it shall be held to mean the department 
 of engineering of the state of California. The chief engineer of said department shall 
 be ex officio an engineer of any district formed under this act, and it shall be the duty 
 of said department to supervise, examine and pass upon the plans and specifications 
 of the district in the manner provided for herein. 
 
 "Person." 
 
 Wherever the term "person" is used in this act, and not otherwise specified, it 
 shall be taken to mean any person, firm, copartnership, association or corporation, 
 other than county, city or other political subdivision. Similarly, the words "public 
 corporation" shall be taken to mean counties, cities, school districts, road districts, 
 protection districts, flood control districts, ditch districts, park districts, levee districts, 
 and all other governmental agencies and political corporations clothed with the power of 
 levying general or special taxes or general or special assessments which may be levied 
 for local improvement purposes.
 
 Act 941. 8 2 G£NE:RAL, LA\VS. 374 
 
 ;^ 
 
 "Board of supervisors." 
 
 Wherever the term "board of supervisors" is used, and not otherwise specified, it 
 shall be taken to mean the board of supervisors of the county wherein the petition for 
 the organization of the district was filed and granted, and where a district lies in more 
 than one county, the words "board of supervisors" shall mean the board of supervisors 
 of all the counties sitting conjointly. 
 
 "Board." 
 
 Wherever the word "board" is used and not otherwise specified, it shall mean the 
 board of directors of the district. 
 
 "Treasurer." 
 
 Wherever the word "treasurer" or "treasurer of the district" is used, it shall 
 mean ex ofiQcio the treasurer of the county with which the petition is tiled, unless 
 otherwise specified. 
 
 "Secretary." 
 
 Wherever the term "secretary" is used it shall be held to mean the "secretary" of 
 the district. 
 
 "Clerk." 
 
 The word "clerk" unless otherwise specified shall mean the clerk of the district, 
 Avho shall also be clerk of the board of directors. 
 
 "Land." 
 
 Wherever the terms "land" or "property" are used in this act they shall, unless 
 otherwise specified, be held to mean real property, as the words "real property" are 
 used in and defined by the laws of the state of California, and shall embrace all rail- 
 roads, tramroads, roads, electric railroads, street and interurban railroads, streets and 
 street improvements, telephone, telegraph and transmission lines, gas, sewerage and 
 water systems, pipe lines and rights of way of public service corporations, and all 
 other real property whether public or private. 
 
 "Main county." 
 
 Wherever the term "main county" is used herein, it shall be held to mean the 
 county wherein the petition for fonnation of the district has been filed. 
 
 Conservancy districts established by board of supervisors. 
 
 ^ 2. The board of supervisors of anj' county in this state is hereby vested with 
 jurisdiction, power and authority, when the conditions stated in this act are found 
 to exist, to establish conservancy districts, which may be entirely within unincor- 
 porated territory or partly within unincorporated and partly within incorporated terri- 
 tory, and either entirely within, or partly within and partly without, the county in 
 which said board is located, for all or any of these objects and purposes: 
 
 Purposes. 
 
 (a) Of preventing floods; 
 
 (b) Of regulating ditches and water channels by changing, widening and deepening 
 the same; 
 
 (e) Of reclaiming or of filling or of draining wet, swamp and overflowed lands; 
 
 (d) Of preventing or aiding the deposit of detritus and silt; 
 
 (e) Of regulating the flow of streams; 
 
 (f) Of constructing canals; 
 
 (g) Of forestation or reforestation; 
 
 (h) Of spreading and sinking flood water;
 
 375 CONSERVATION. Act 041, § 3 
 
 (i) Of diverting in whole or in part eliminating water courses; and incident to 
 such purposes and to enable their accomplishment, to straighten, widen, deepen, divert, 
 or change the course or terminus of, any natural or artificial water course; 
 
 (j) To build reservoirs, canals, levees, walls, embankments, bridges, dams, by-passes 
 or spreading basins; or sinking wells or sinking basins; to maintain, operate and 
 repair any of the constructions herein named; 
 
 (k) To conserve flood waters and to dispose of waters which have been conserved, 
 for purposes of irrigation; 
 
 (1) To construct and maintain levees and embankments for the prevention of dam- 
 age by floods to real or personal property or real and personal property and to do all 
 things for the fulfillment of the purposes of this act. 
 
 Petition to establish district. 
 
 ^ 3. Petition. Before any board of supervisors shall call an election to determine 
 whether a district shall be established, and before a district shall be established as 
 outlined in section two hereof, a petition shall be filed in the oflBce of the clerk of said 
 board of supervisors signed either by fifty freeholders, or by a majority of the free- 
 holders, or by the owners of more than half of the property, in either acreage or 
 assessed value, according to the last assessment roll, within the limits of the territory 
 proposed to be organized into a conservancy district under this act. 
 
 The petition shall set forth; 
 
 Contents. 
 
 First — The proposed name of said district. 
 
 Second — The necessity for the proposed work and that it will be conducive to the 
 public health, safety, convenience or welfare. 
 
 Third — A general description of the purpose of the contemplated improvement, and 
 of the territory to be included in the proposed district. Said description of the terri- 
 tory to be included need not be given by metes and bounds, or by legal subdivisions, 
 but it shall be sufficient if a generally accurate description is given of the territory to 
 be organized as a district. Said territory need not be contiguous, provided it be so 
 situated that the public health, safety, convenience or welfare will be promoted by 
 the organization as a single district of the territory described. 
 
 Fourth — Said petition shall pray for the organization of the district by the name 
 proposed. 
 
 Amendment. 
 
 No petition with the requisite signature shall be declared null and void on account 
 of alleged defects, but the board of supervisors may at any time prior to the hearing 
 thereof permit the petition to be amended in form and substance to conform to the 
 facts, by correcting any errors in the description of the territory to be included, or in 
 any other particular. Several similar petitions or duplicate copies of the same petition 
 for the organization of the same district may be filed and shall together be regarded 
 as one petition. All such petitions filed prior to the hearing on said petition shall be 
 considered by the board of supervisors the same as though filed with the petition first 
 placed on file. 
 
 Evidence of ownership. 
 
 In determining when a majority of landowners have signed the petition- the board of 
 supervisors shall be governed by the names as they appear upon the last tax assessment 
 roll prior to one day before the filing of said petition, which shall be prima facie 
 evidence of such ownership.
 
 Act 941, §§ 4. 5 GENERAL. LAWS. STCJ^ 
 
 Bond. 
 
 $ 4. At the time of filing the petition, or at any time subsequent thereto and prior 
 to the time of the hearing on said petition, a bond shall be filed running to the board of 
 supervisors of the county in which the petition is filed, with security approved by the 
 board of supervisors, sufficient to pay all the expenses connected with the proceeding 
 in case the said board of supervisors refuses to organize the district. If at any time 
 during the proceeding the said board of supervisors shall be satisfied that the bond first 
 executed is insufficient in amount, it may require the execution of an additional bond 
 within a time to be fixed to be not less than ten days distant, and upon failure of the 
 petitioners to execute the same the petition shall be dismissed. 
 
 Notice of hearing. Jurisdiction of board of supervisors. Joint meeting. Hearing 
 objections. 
 
 § 5. Immediately after the filing of such petition, the clerk of the board of super- 
 visors with whom such petition is filed shall cause notice by publication to be made 
 of the pendency of the petition and of the time and place of the hearing thereon and of 
 the hearing of objections to the formation of such district. The board of supervisors 
 of the county in which the petition was filed, shall thereafter, for all purposes of this 
 act, except as hereinafter otherwise provided, maintain and have original and exclusive 
 jurisdiction coextensive with the boundaries and limits of said district and of lands 
 and other property proposed to be affected by said district; provided, that where said 
 district lies in more than one county the board of supervisors of the county where the 
 petition is filed shall forthwith notify the board or boards of supervisors of other 
 counties in which said district is situated by directing a letter and transmitting the 
 same by mail to the clerk or clerks of said board or boards notifying said board or 
 boards of that fact and setting a day for a joint meeting with said board or boards, 
 whereupon said boards shall meet jointly for the purpose of hearing said petition and 
 objections therto, if any, and for the transaction of business, in the chambers of the 
 board with whom the said petition was filed; provided, that said meetings from time to 
 time may be continued by mutual agreement, whereupon said boards shall sit cojointly 
 thereafter for all purposes of this act, except as hereinafter otherwise provided, and 
 maintain and have original and exclusive jurisdiction coextensive with the boundaries 
 and limits of the district and of lands and other property proposed to be included in 
 said district or affected by said district without regard to the usual limits of their 
 jurisdiction. A majority of the members of the joint board shall constitute a quorum; 
 provided, that in the event that the board of supervisors of any county in which a 
 portion of the district lies, after having been given due notice, as herein provided, of 
 the hearing for the formation of such district, who shall after having been given said 
 notice fail to appear and participate, as a member, or members, of said joint board, 
 shall be considered to have waived all right to participate in the deliberations of said 
 board, and a majority of the supervisors representing the other county or counties in 
 which said district lies, shall thereby automatically constitute the joint board of super- 
 visors and shall have all jurisdiction and powers provided for said joint board of 
 supervisors under this act. The clerk of the board of supervisors with whom the peti- 
 tion is filed, and all officers of the board with whom the petition is filed, shall be clerk 
 and officers of the board sitting cojointly as herein specified. The act of the clerk of 
 said board of supervisors transmitting said letter of notification shall be deemed the 
 act of said toard of supervisors so notifying. At the day set for said hearing all 
 objections to said petition shall be heard by said board or joint board. Said board or 
 joint board shall have and it is hereby given full discretion to approve or deny said 
 petition by a majority vote of its members present. Its decision in the matter shall be 
 final and conclusive except as to the matters hereinafter stated. Objections to said
 
 377 CONSERVATION. Act 941, § 6 
 
 petition need not be in writing, but the determination of said board shall be in writing 
 and entered upon the minutes of said board. 
 
 Lands included in district. 
 
 Said board shall at said hearing, if it approve said petition, determine what land or 
 lands within said proposed district will be benefited by said proposed improvements, 
 and said board may in its discretion change or alter the boundaries of said proposed 
 district to conform to the needs of the district; provided, that they shall include 
 therein only such land as will in their judgment be benefited by the proposed work or 
 improvement; and provided, that they shall not include therein land not included 
 within the proposed boundaries of the district set forth in the petition; and provided, 
 that said board shall at said hearing or adjourned hearing define the boundaries of 
 the proposed district. The findings of such board shall be conclusive upon the genuine- 
 ness and sufficiency of the signatures to the petition and of the notice of the hearing. 
 
 Election. 
 
 $ 6. Said board or joint board of supervisors, unless said petition be denied, must, 
 if said lands of said district lie wholly within the county, within ten days after the 
 determination of a hearing upon said petition, otherwise within thirty days after the 
 termination of a hearing upon said petition, call an election within the proposed dis- 
 trict for the determination of the question, whether such proposed district shall or shall 
 not be organized and also to elect five persons who shall act as directors of the district 
 for a term of four years in case such district be organized, and shall divide said district 
 into convenient precincts and fix a polling place in each, and shall appoint three qual- 
 ified electors in each precinct of said district to conduct said election; which election 
 must be held within forty days from the date of said order. 
 
 Notice. 
 
 Said election shall be called by posting notice thereof in three of the most public 
 places in such county in said proposed conservancy district, and by publication in a 
 daily or weekly paper in each of said counties, if there be one, at least once a week for 
 not less than fifteen days. Said notices must specify the time, place or places and 
 purposes of said election, give the boundaries of the said proposed conservancy dis- 
 trict as determined at the hearing of the petition, designate the respective election 
 precincts and the polling place in each and the election officers and the hours during 
 which the polls will be kept open; provided, that the polls must be opened not later 
 than eight o'clock a. m., and kept open until seven o'clock p. m. 
 
 Candidates for director. 
 
 It shall be the duty of the board of superAasors to order placed upon the ballot the 
 names of candidates for the position of director of the district who shall have been 
 endorsed by a petition to said board of supervisors containing the names of ten or 
 more electors of the district, petitioning that the names of candidates designated in the 
 petition be placed upon the ballot to be voted on at such election; provided, however, 
 that such petitions be filed with the board of supervisors calling said election within 
 fifteen days after the first publication of the notice calling said election. 
 
 Conduct of election. 
 
 Said election shall be conducted in accordance with the general election laws of this 
 state so far as applicable, and except as herein otherwise provided, without reference 
 to the form of the ballot or manner of voting, except that the ballots shall contain the 
 M-ords "for the formation of a conservancy district," and "against the formation of a 
 conservancy district," and the voter shall write or print or stamp a cross after the 
 words that indicate his choice, together with the number of votes he is entitled to cast
 
 Act 941, 8 6 GENERAL LAWS. S7S 
 
 therefor as hereinafter provided, and that said ballots shall also contain the names 
 of all candidates for the position of director of the district, with instructions to the 
 voter to vote for five of the candidates for said position whose names appear upon 
 puch ballot, with the right to vote for each of the five candidates selected by him the 
 number of votes he is entitled to cast as hereinafter provided. 
 
 One vote for each acre of real estate owned. 
 
 Each and every owner of land in the district shall be entitled to vote in person or by 
 proxy, and shall have the right to cast one vote for each acre of real estate owned by 
 him in the district, such ownership to be determined from the next preceding assess- 
 ment roll of the county or counties in which the lands of the district are situated, and 
 the board shall, prior to the election, cause to be prepared and certified and furnished 
 to the board of elections at each voting place, a true and correct copy of the entries 
 upon said next preceding assessment rolls so far as such assessment rolls apply to any 
 lands within such district, and to the extent of showing the name of the owner and tho 
 number of acres assessed to each such owner, and which said certified entries from said 
 rolls shall be used by the board of election in determining the number of votes each 
 voter is entitled to cast. 
 
 Fraction of acre. 
 
 In calculating the number of acres owned by any voter any fraction of an acre in 
 excess of the integral number owned by him shall be disregarded. 
 
 Joint ownership. 
 
 Where land is owned in joint undivided ownership, the votes shall be divided in 
 accordance with the interests of each joint owner. 
 
 Unknown owners. 
 
 Where land is assessed to unknown owners, any person producing an aflBdavit of any 
 searcher of records certifying the true ownership of such land at the date of the 
 election, or at any time five days previous thereto, accompanied by an aflSdavit of the 
 person certified to be the owner that he is the owner of the property at that time, said 
 person so certified to be the owner shall be entitled to vote in like manner as if his 
 name appeared upon the assessment roll as above mentioned. 
 
 Proxies. 
 
 Where corj^orations or partnerships appear as the owners of properties the votes 
 of such voters shall be cast by any person holding a proxy from such corporation or 
 firm. 
 
 Executors, administrators, special administrators and guardians may cast the vote 
 of the estates represented by them. 
 
 No person shall vote by proxy at such election unless authority to cast such vote 
 shall be evidenced by an instrument in writing duly acknowledged and certified in the 
 same manner as grants of real property, and filed with the board of elections. 
 
 The election officer in delivering to each voter his ballot shall ascertain and write 
 upon the ballot, the number of votes the holder of the ballot is entitled to cast, and in 
 their canvassing returns shall see to it that the number of votes cast does not exceed 
 the number of votes such voter was entitled to cast, but if there is an excess, the balloL 
 shall not be disregarded or invalidated, but only the number which the voter was 
 entitled to cast shall be counted. 
 
 Canvass of vote. 
 
 It shall be the duty of the election oflfif'ers to publicly canvass the votes immediately 
 after the close of the election, and to make a report of the result of said election to the
 
 379 CONSERVATION. Act 941, § 6 
 
 board of supervisors within five days subsequent to the holding thereof, who shall as 
 soon as practicable proceed to canvass said returns. 
 
 If majority for district. 
 
 If a majority of the votes cast at said election shall be in favor of a conservancy 
 district, the said board of supei-visors shall, by resolution, establish said conservancy 
 district and jDroceed as herein otherwise stated. 
 
 If majority against. 
 
 If a majority of the votes cast shall be against the conservancy district, the board 
 of supervisors shall by order so declare, and shall thereafter dismiss said proceedings 
 by order and proceed to adjudge the cost against the signers of the petition or their 
 bondsmen; no other proceedings shall be taken for the formation of a similar district 
 until the expiration of one year from said election. 
 
 Directors declared elected. 
 
 If the majority of votes cast at such election shall be in favor of a conservancy dis- 
 trict, the board of supervisors shall canvass the returns of said election for the position 
 of directors for the district and having determined upon the five candidates duly elected 
 as directors shall by resolution declare them to be so duly elected and declare them to 
 be the directors of the district for the ensuing term of four years and certificates of 
 
 election shall be issued to them. 
 
 The fact of the presentation of the petition and the order establishing the conser- 
 vancy district and the order declaring the five directors elected, shall be entered in the 
 minutes of the board of supervisors of the main county, and shall be conclusive evi- 
 dence of the due presentation of a proper petition, and that each of the petitioners was 
 at the time of the signing the same and presentation of the petition an assessed free- 
 holder in the proposed district, and of the fact and regularity of all prior proceedings 
 of every kind and nature provided for by this act, and of the existence and validity 
 of the district. Should the office of any of said directors elected become vacant before 
 his term of office expires, the same shall be filled by the board of dii-ectors for the 
 unexpired term. On the expiration of the terms of said directors elected as herein 
 specified, the supervisors shall again call an election in accordance with the provisions 
 of this section to fill the offices so becoming vacant. 
 
 Name. 
 
 In said resolution establishing the district the board shall give said district a cor- 
 porate name, which may or may not be the name designated in said petition, by which 
 in all proceedings it shall thereafter be known, and thereupon the district shall be a 
 political subdivision of the state of California, a body corporate with all the powers of 
 a corporation, and shall have power: 
 
 Powers of district. 
 
 1. To have perpetual succession and existence. 
 
 2. To sue and to be sued in the name of said district in all actions and proceedings 
 in all courts and tribunals of competent jux'isdiction. 
 
 3. To adopt a seal and alter it at pleasure. 
 
 4. To take by grant, purchase, gift, devise or lease, to hold, use, enjoy, and to lease 
 or dispose of real or personal property of every kind within or without such district 
 necessary to the full exercise of its powers. 
 
 After an order is entered by the board of supervisors establishing the district, such 
 order shall be deemed final and binding upon the property within the district and shall 
 finally and conclusively establish the regular organization of the said district against
 
 Act 941, §§ 7-10 GENERAL LA'WS. 380 
 
 all persons except, the state of California upon suit commenced by the attorney general. 
 Any such siiit must be commenced within three months after said decree declaring such 
 district organized as herein provided and not otherwise. 
 
 Place of business. 
 
 Upon the election and qualification of a board of directors as herein provided said 
 board of directors shall designate the place where the office or principal place of busi- 
 ness of the district shall be located, which shall be within the corporate limits of the 
 district if practicable, and which may be changed by order of said board of directors 
 from time to time. The regular meetings of the board of directors shall be held at 
 such office or place of business, but for cause entered of record may be adjourned to 
 any other convenient place. The official records and files of the district shall be kept at 
 the oflSce so established. 
 
 Recording of resolution establishing district. 
 
 § 7. Within thirty days after the said district has been duly established the clerk 
 of the main county shall transmit to the secretary of state, and to the county recorder 
 and the county clerk in each of the counties having lands in said district, copies of the 
 resolution establishing said district. The same shall be filed and recorded in the office 
 of the secretary of state in the same manner as articles of incorporation are now 
 required to be filed and recorded under the general law concerning corporations, and 
 shall also be filed in the office of the county clerk of each county in which a part of the 
 district may be, where thej' shall become permanent records; and the recorder in each 
 county shall receive a fee of one dollar for filing and recording the same, and the 
 secretary of state shall receive for filing and for recording said copies such fees as 
 are now or hereafter may be provided by law for like services in similar cases. The 
 expenses required for filing papers and all other incidental expenses to the organization 
 of the district shall be paid from the general fund of the main county and shall be 
 refunded by the disti-ict on demand. 
 
 Oath of director. President and secretary. 
 
 ^ 8. Each director before entering upon his official duties shall take and subscribe 
 to an oath before a qualified officer that he will honestly, faithfully and impartially 
 perform the duties of his office, and that he will not be interested directly or indirectly 
 in any contract let by said district, which said oath shall be filed in the office of the 
 clerk of the board of supervisors of the main county. Upon taking the oath, the board 
 of directors shall choose one of their number president of the board, and shall elect 
 some suitable person secretary, who may or may not be a member of the board. Such 
 board shall adopt a seal, and shall keep a record of all its proceedings, minutes of all 
 meetings, certificates, contracts, bonds given by employees or contracts and all corporate 
 acts, which record book shall be open to the inspection of all owners of property in 
 the districts, as well as to all other interested parties. 
 
 Quorum. 
 
 § 9. A majority of the directors shall constitute a quorum, and a concurrence of at 
 least three directors in any matter within their duties herein prescribed shall be valid 
 as the act of the board. 
 
 Duties of secretary. 
 
 ^ 10. The secretary shall be the custodian of the records of the district and of its 
 corporate seal and shall assist the board of directors in such particulars as said board 
 may direct in the performance of its duties. It shall be the duty of the secretary to 
 attest, under the corporate seal of the district, all certified copies of the official records 
 and files of the district that may be required of him by the provisions of this act, or 
 
 I
 
 381 COIVSERVATION. Act 941. 9 11 
 
 by any person ordering the same and paying the reasonable cost of transportation. 
 And any portion of the record so certified and attested shall prima facie import verity. 
 
 Chief engineer. Attorney. 
 
 The board of directors shall also employ a chief engineer who may be an individual, 
 copartnership, or corporation; an attorney, attorneys, and such other agents and 
 assistants as may be needful; and may provide for their compensation, which, with 
 all other necessary expenditures, shall be taken as a part of the cost of the improvement. 
 The employment of the secretary, engineer and attorney for the district shall be evi- 
 denced by agreements in writing, which, so far as possible, shall specify the amounts 
 to be paid for their services. 
 
 Plan for improvements. Use of former survey. 
 
 $ 11. Upon their qualification, and after their organization, the board of directors 
 shall cause to be prepared a plan by the engineer of the district employed for this pur- 
 pose> for the improvements for which the district was created. Such plan shall include 
 such surveys, maps, profiles, plans and other data and descriptions as may be necessary 
 to set forth properly the location and character of the work, and the location and 
 extent of the property benefited or taken or damaged, with estimates of cost and with 
 specifications for doing the work. In case the board of directors finds that any former 
 survey made by any other district, or in any other manner, is useful for the purpose of 
 the district, the board of directors shall have the power to acquire such data and 
 records of surveys as may be useful to it, and shall pay therefor an amount not to 
 exceed the value of such data and records to said district. The plan herein referred 
 to may include any improvement work already done for conservancy or flood control 
 purposes or any of the purposes contemplated by this act, by any person, firm, corpo- 
 ration, private or public, or any district or municipality, and if so the board of directors 
 shall have power to acquire the same and pay therefor an amount not to exceed the 
 appraised value thereof as appraised by the board of appraisers hereafter referred to. 
 
 Notice of hearing on plan. 
 
 Upon the completion and filing of such plan, the board shall caiase notice by publi- 
 cation to be given as provided in section one herein in each county of said district, of 
 such completion of said plan, and shall permit the inspection thereof at their ofiice 
 by all persons interested. Said notice shall fix the time and place for the hearing of all 
 objections to said plan not less than twenty days nor more than thirty daj'^s after the 
 last publication of said notice; any person interested in property within the district 
 may object to such plan. 
 
 Approval of state engineer. Adoption. 
 
 All objections to said plan shall be in >vriting and filed with the secretary of <?aid 
 board at his office not more than one day before the time of such hearing. Said objec- 
 tion shall specify the features of the plan objected to. At the time specified in said 
 notice, the board of directors shall meet at the office of said district, and hear said 
 objections and adopt, reject or refer back said plan for modification to the engineer of 
 said district. If said plan be referred back to said engineer said meeting shall bo 
 continued from time to time until such modified plan shall be reported by said engi- 
 neers. The state engineer shall be invited to be present in person or by representative 
 at said hearing or any continuation thereof and may approve, reject or modify said 
 plan, his actual expenses to be borne by the district. Before final approval of the 
 official plan the same shall have had the written approval of the state engineer whose 
 duty it shall be to pass upon the feasibility of the plan, its proper adaptation to a 
 general flood control plan of the stream sj'stem or systems of which it may be a part 
 as well as the safety of the works to be constructed and until such approval shall have
 
 Aot 941. §§ 12-14 GETVERAI. LAWS. 388 
 
 been received such official plan may not be adopted. After said hearing before the 
 board of directors and their approval, and after said plans have been approved or 
 modified and approved by the state engineer, the said board shall adopt said plan as 
 approved, or as modified and approved, as the official plan of the said district. If said 
 board of directors shall reject said plan, then said board shall proceed as in the first 
 instance under this section to prepare another plan. Upon final adoption of said 
 official plan, a record of such adoption shall be entered upon the minutes of the board 
 and shall be filed with the secretary together Avith the approval of the state engineer. 
 
 Power of directors. 
 
 § 12. The board of directors shall have full power and authority to devise, prepare 
 for, execute, maintain and operate any or all works or improvements necessary or 
 desirable to complete, maintain, operate and protect the improvement outlined by the 
 official plan. They may secure and use men, materials and equipment under the super- 
 vision of the chief engineer or other agents, or they may in their discretion let contracts 
 for such work, either as a whole or in part, to the lowest responsible bidder after pub- 
 lication calling for bids as hereinafter provided. 
 
 Right to enter lands to make surveys, etc. 
 
 § 13. The board of directors of any district organized under this act, or their 
 employees or agents, including contractors, and their employees, and the members of 
 the board of appraisers and their assistants may upon first obtaining an order of court 
 enter upon lands within or without the district in order to make surveys and exami- 
 nations to accomplish the necessary preliminary purposes of the district, or to have 
 access to the work, being liable, however, for actual damage done, but no unnecessary 
 damage shall be done. Any person or corporation preventing such entrance shall be 
 guilty of misdemeanor, punishable by fine not exceeding fifty dollars. 
 
 Powers of directors to perform work. Limitation «n powers. 
 
 § 14. In order to effect the protection from damage by flood waters or the drainage, 
 reclamation or irrigation of the land and other property in the district, and to accom- 
 plish all other purposes of the district, the board of directors is authorized and 
 empowered, subject to the laws of this state, to clean out, straighten, widen, alter or 
 deepen the course or terminus of any conduit, pipe line or ditch, drain, sewer, river, 
 water course, wash, pond, lake, creek or natural stream, to plant trees for the protection 
 of the same or to forest or reforest lands for the conservation of flood water, to estab- 
 lish settling basins, shafts or tunnels for sinking water and to construct dams in or 
 out of said district; to fill, abandon or alter any ditch, drain, sewer, river, water course, 
 wash, pond, lake, creek or natural stream, and to concentrate, divert or divide the flow 
 of water in or out of said district; to construct and maintain main and lateral conduit 
 pipe lines or ditches, sewers, canals, levees, dikes, dams, sluices, revetments, reservoirs, 
 holding basins, floodways, pumping stations and siphons, and any other works and 
 improvements deemed necessary to construct, preserve, operate or maintain the works 
 herein provided for, and subject to approval of general plan therefor by the officer or 
 officers in charge of such highways to construct or enlarge or cause to be constnicted or 
 enlarged any and all public bridges that may be needed in or out of said district; to 
 construct or elevate roadways and streets in the manner herein provided; to construct 
 any and all of said works and improvements across, through or over any public high- 
 way, canal, railroad right of way, track, grade, fill or cut, in or out of said district, 
 as herein provided; to remove or change the location of any fence, building, railroad, 
 canal, or other improvements in or out of said district as herein provided; and shall 
 have the right to hold, encumber, control, to acquire by donation, purchase or con- 
 demnation, to construct, own, lease, use and sell real and personal property, and any
 
 383 CONSERVATION. Act 941, §§ 15-18 
 
 easement, riparian right, railroad right of way, canal, sluice, reservoir, settling basin, 
 holding basin, mill dam, water power, wharf, or franchise in or out of said district for 
 right of way, holding basin or for any necessai-y purpose, or for material to be used in 
 constructing and maintaining said works and improvements, open new roads, streets 
 and alley's, or change the course of an existing one, as herein provided, and may 
 dispose of waters conser^^ed for irrigation as herein provided; provided, however, that 
 the powers in this act vested in said board of directors are vested subject to the con- 
 ditions, restrictions and limitations imposed by the public utilities act of the state of 
 California and the act of the state of California creating the water commission, and 
 the reclamation board act of the state, and subject to the powers therein vested in the 
 said railroad commission and the said water commission and the said reclamation board 
 of this state ; and provided, further, that the approval of the officer or officers in charge 
 of public highways be first had before any public highway, alley, lane, or bridge or 
 appurtenance thereto be in any manner interfered with. 
 
 Letting of contracts. 
 
 5 15. When it is determined to let the work by contract, contracts in amounts to 
 exceed one thousand dollars shall be let after notice calling for bids shall have been 
 published, once a week for three consecutive weeks completed on date of last publica- 
 tion, in at least one newspaper of general circulation within said district, or in case 
 there is no sucli newspaper within the district, then within the county where the work 
 is to be done, and the board may let said contract to the lowest or best bidder who 
 shall give a good and approved bond, with ample security, conditioned on the carrying 
 out of the contract, or the board may reject all bids and readvertise for the same. But 
 said contract shall not be let to another than the lowest responsible bidder unless 
 upon a hearing before the board of directors, and with notice to all parties interested, 
 an order be obtained therefor. Such contract shall be in writing, and shall be accom- 
 panied by or shall refer to official plans and specifications for the work to be done, pre- 
 pared by the engineer of said district in accordance with said final plan. Said contract 
 shall be approved by the board of directors and signed by the president of the board 
 and by the contractor, and shall be executed in duplicate; provided, that in case of sud- 
 den emergency when it is necessary in order to protect the district, the advertising of 
 contracts may be waived upon the unanimous consent of the board of directors in 
 writing. 
 
 Right of eminent domain. 
 
 5 16. Said board, where necessarv- for the purposes of this act. shall have a right of 
 eminent domain subject to the rights and powers vested in the railroad commission of 
 this state. 
 
 Right to condemn property. 
 
 § 17. Said board shall also have the right, subject to the powers and rights vested 
 by law in the state railroad commission, to condemn for the use of the district any 
 land or property within or without said district. 
 
 Regulation of ditches. Consent of health officers. 
 
 ^ 18. Where necessary, in order to secure the best results from the execution and 
 operation of the plans of the district, or to prevent damage to the district by deteriora- 
 tion or misuse, or by the pollution of the waters, of any watercourse therein, the board 
 of directors may make regulations for and may prescribe the manner in which existing 
 ditches or other works shall be adjusted to or connected with the works of the district 
 or any water course therein; and when not in conflict with local or state health regula- 
 tions may prescribe the manner in which the water courses of the district may be used
 
 Act 941 98 Ifc-Zl GENERAL LAWS. 384 
 
 for sewer outlets or for disposal of waste; provided, however, that the consent of the 
 properly constituted local or state health officer or oflfieers be first obtained. 
 
 Power to change water-course, etc. 
 
 § 19. The board of directors, subject to such regulations as may be imposed by law, 
 shall have power and authority to improve in alignment, section, grade or in any other 
 manner any water-course, and they may require the removal, widening, lengthening, 
 deepening, raising or other change of any public or private road bridge or railroad 
 bridge or any aqueduct or telephone, telegraph, gas, oil, sewer, water or other pipe 
 lines or any other construction over, along, across, under or through such water-course ; 
 provided, however, that no change shall be made in any public bridge, highway, ditch, 
 or other public structure without the consent of the public officer or officers in charge 
 of the same be first had and obtained. In case such change is made necessary in any 
 such structure by the failure of such bridge or other structure to permit the free flow 
 of the water in such stream in time of flood, then the owner of any such construction 
 shall make such change without cost to the district, or without any claim for damages 
 against the district, except that the district shall pay the cost of excavating the earth 
 for the enlargement of any channel or for placing earth for the filling of any channel 
 where such excavation or filling is required as a part of plans of the district in making 
 the changes outlined in this section, but the district shall not be required to make such 
 fill or excavation unless it would be necessary to the plans of the district if the bridge 
 or other construction did not exist; provided, however, that nothing herein contained 
 shall deprive any owner of property of due process of law in determining the amount 
 of damages due him for property damaged or taken for the uses herein stated; and 
 provided, further, that in all things where the railroad commission of this state is 
 empowered to act by the laws of this state their sanction to any act must first be had. 
 
 Moving dredge boat through bridge or grade. 
 
 § 20. In case it is necessary to pass any dredge boat or other equipment through a 
 bridge or grade of any railroad company or other corporation, county or municipality, 
 the board of directors shall give twenty days' notice to the owner of said bridge or 
 grade that the same shall be removed temporarily to allow the passage of such equip- 
 ment or that an agreement be immediately entered into in regard thereto. The owner 
 of said bridge or grade shall keep an itemized account of the cost of the removal, and, 
 if necessary, of the replacing of said bridge or grade, and said actual cost shall be 
 paid by the district. In case the owner of said bridge or grade shall refuse to provide 
 for the passage of said equipment, the board of directors may remove such bridge or 
 grade at the expense of the district after proceeding according to law so to do, inter- 
 rupting traffic in the least degree consistent with good work and without delay or 
 unnecessary damage ; provided, that, where required by law, the consent of the railroad 
 commission of the state is first obtained. In case they shall be impeded from doing so, 
 the owner of said bridge or grade shall be liable for damage for the resulting delay. 
 Nothing in this act specified to be done affecting any public bridge or highway shall be 
 undertaken without first obtaining the consent in writing of the officer or officers of the 
 county or city or state having supervision of such bridge or highway in which such 
 improvement is contemplated. 
 
 Stream gages, etc. 
 
 § 21. The board of directors shall also have the right to establish and maintain 
 stream gages, rain gagos, a flood warning sei'vice with telephone or telegraph lines or 
 telephone or telegraph service, and may make such surveys and examinations of rain- 
 fall and flood conditions, stream flow and other scientific and engineering subjects as 
 are necessary and proper for the purposes of the district, and they may issue reports 
 of their findings. 
 
 I 
 
 i
 
 385 * CONSERVATION. Act 041, § 23 
 
 Cc-operation with United States government, etc. 
 
 ^ 22. The board of directors shall also have the right and authority to enter into 
 contracts or other arrangements with the United States government or any department 
 thereof, with persons, railroads or other corporations, with public corporations, and the 
 state government of this or other states, with protection, flood control, drainage, con- 
 servation, conservancy, levee or other improvement districts, in this or other states, 
 for co-operation or assistance in constructing, maintaining, using and operating the 
 works of the district or the waters thereof, or for making surveys and investigations 
 or reports thereon; and may purchase, lease or acquire land or other property in 
 adjoining states in order to secure outlets or for other purposes of this act, and may 
 let contracts or spend money for securing such outlets or other works in adjoining 
 states. 
 
 Appropriation of increased water supply. 
 
 § 23. Wherever the organization of or the improvements made by the district in- 
 crease the supply of water in the stream or streams system such increase may be sub- 
 ject to appropriation by the district, and the rights to such increase where lawfully 
 appropriated may be leased, sold, or assigned by the district in return for reasonable 
 compensation, subject, however, to such regulation and control as may be reposed by 
 law in water commission or other office, agency or department of the state of California. 
 
 Application to use waters appropriated. 
 
 Persons, corporations, municipalities, or other parties desiring to secure use of the 
 waters lawfully appropriated by the district for protection against flood damage, or 
 water-courses of the district, or of the district rights therein, which may have been 
 acquired by appropriation under the laws of this state, may, subject to the regulations 
 and conditions authorized by law to be imposed by the state water commission, make 
 application to the board of directors for lease, purchase, or permission for such use. 
 Such application shall conform to the rules and regulations of the state water com- 
 mission and state the purpose and character of such use, the period and. degree of 
 continuity of such use, the amount of water desired and the place of use and the means 
 of conveyance. Where it is not possible nor reasonable to grant all applications, 
 preference shall be given to domestic and municipal water supply. All other applica- 
 tions shall be granted in the order of their filing and shall be granted subject to 
 the applicable provisions of the said water commission act and to said public utility act 
 and other acts of the state of California now in force. 
 
 Rights of municipalities. 
 
 Nothing in this act contained shall be deemed or construed to limit the rights of 
 municipalities in the exercise of the right of eminent domain under the laws of the 
 state of California, 
 
 Term of lease, etc. 
 
 The board of directors shall not permanently sell, lease, assign, permit or othenvise 
 part with the control by the district of the use of the waters thereof, and rates for 
 light, power or other services charged by vendees, assignees, lessees or licensees of such 
 board of directors shall be subject at all times to revision and control by state law. 
 Assignments, leases, sales or permissions may be made for periods of not greater than 
 twenty-five years. At the termination of the period of such assignments, sales, leases 
 or pel-missions, they shall be renewed for a reasonable period not to exceed fifteen 
 years, on the condition that a new determination is made of a reasonable charge there- 
 for, as herein provided; unless there are other applications on file, the granting of 
 which would result in filling a greater need or in a more reasonable use. In case such 
 applications are on file, they shall have preference. 
 
 Gen. Laws — 25
 
 Act 941, §24 GBNE:RAL, LAWS. 886 
 
 Regulations for purpose of determining rates. Bates fixed "by railroad commission. 
 
 The board of directors may make regulations, subject always to the applicable 
 provisions of the said water commission act and the said public utilities act of the 
 state of California, and other act or acts of said state, for the determination and 
 measurement of the increased, or better, or more convenient use of, or benefit from 
 the water supply of the district, for the purpose of determining rates of compensation, 
 and for the purpose of securing to all parties interested the greatest and best use of 
 the water thereof. A copy of such regulations shall be transmitted to the state water 
 commission for its approval and to the railroad commission of the state of California, 
 accompanied by a request for the fixing of rates by said commission for said district. 
 Said commission shall thereupon proceed to fix said rates in the manner provided by 
 law and report the same to said board of directors. In case of failure of any user 
 to pay for use in the manner specified by order of the court, the board may compel 
 payment, and may enjoin further use until such payment is made. The rights under 
 any lease or sale shall not extend to a change of use, or of place, time or manner of 
 use, except in so far as is specifically stated in the lease or other agreement. 
 
 All money received as compensation under the provisions of this section shall be 
 added to the maintenance fund of the district and used for defraying the expenses 
 thereof. 
 
 Determination of water rights, etc. 
 
 As a basis for assessment of benefits due to a greater, better, or more convenient 
 use of, or benefit from, the waters of the district the directors of the district may 
 themselves cause a determination to be made or may avail themselves of data in the 
 hands of the said state water commission of the condition^ of the water supply and 
 of the water-courses of the disti'ict as they were before the improvements were made, 
 or as they existed at any subsequent time, and they may petition the state water com- 
 mission to make a determination of all rights, property, easements, or other interests 
 in the waters, or the water-courses of the district, such determination being based upon 
 records of greatest and least flow, upon the evidence of use, or evidence of legal rights, 
 and upon any other evidence and records which may be available, and upon receipt of 
 such petition it shall become the duty of the state Avater commission to immediately 
 proceed to ascertain the same and to report to said board of directors their findings. 
 Upon the completion of such determination and the receipt of a report thereof by them, 
 the directors of the district shall make their report thereon and file the same with the 
 secretary of said district. Thereupon notice shall be given of the pendency of said 
 report and a hearing thereon, which notice and hearing shall conform as nearly as 
 possible to the notice and hearing on appraisals of benefits and of land to be taken. 
 Upon the deteniiination of the matter by the board of directors, its findings shall be 
 conclusive, and shall be the basis of any future assessment; provided, that in case any 
 party shall thereafter establish in court or through the action of the state water 
 commission any right or property in the waters of the district, or the use thereof, which 
 has not been adjudicated, the existence of such right, or the failure to adjudicate it, 
 shall not affect the operation of this provision nor the findings of the board of direc- 
 tors thereon in any other particular. 
 
 The appraisal of benefits made by the appraisers of the district shall not include 
 benefits for such greater, better or more convenient use of, or benefit from the waters 
 of the district, but the compensation for such use or benefits shall be made according 
 to the provisions of this section. 
 
 Board of appraisers. 
 
 § 24. At any suitable time after having taken their oath of office, the board of 
 directors shall appoint three appraisers wiu»ae duty it shall be to appraise the lands
 
 387 CONSKRVATION. Act 941, § 2S 
 
 or other property -within and without the district to be acquired for rights of way, 
 reservoirs and other works of the district, and to appraise all benefits and damages 
 accruing to all lands within or without the district by reason of the execution of the 
 oflScial plan. Said appraisers shall be freeholders residing within the state of Cali- 
 fornia, who may or may not own lands within said district. Each of the appraisers 
 shall, before taking up his duties, take and subscribe to an oath that he will faithfully 
 and impartially discharge his duties as such appraiser, and that he will make a true 
 report of such work done by him. The said appraisers shall at their first meeting elect 
 one of their own number chairman, and the secretary of the board of directors or his 
 deputy shall be ex officio secretaiy of said board of appraisers during their continu- 
 ance in office. A majority of the appraisers shall constitute a quorum, and a con- 
 currence of the majority in any matter within their duties shall be sufficient for its 
 determination. Said appraisers shall continue to hold their office until dismissed by the 
 board of directors, and the board of directors shall fill all vacancies in the board of 
 appraisers, or may appoint a new board for subsequent appraisals, as occasion may 
 require. Such new board, if appointed, shall fill all the requirements of the board of 
 appraisers of the district, and perform its duties. 
 
 Appraisal of benefits and damages. 
 
 $ 25. When the official plan is adopted and filed with the secretary of the district 
 and said appraisers have been appointed he shall at once notifj' the board of appraisers, 
 and they shall thereupon proceed to appraise the benefits of every kind to all real 
 property within or without the district, which will result from the organization of said 
 district and the execution of the official plan; and also to appraise the damages sus- 
 tained and the value of the land and other property necessary to be taken by the 
 district for which settlement has not been made by the board of directors. In the 
 progress of their work, they shall have the assistance of the attorney, engineers, sec- 
 retary and other agents and employees of the board of directors. 
 
 The board of appraisers shall also appraise the benefits and damages, if any, accru- 
 ing to property or interests in properties of cities, counties and other public corpora- 
 tions, and to the state of California. 
 
 Appraisal of property for purchase. 
 
 Before appraisals of compensation and damages are made, the directors of the dis- 
 trict may report to the appraisers the parcels of land or other property, or anj' other 
 works to be done, included within the powers granted under the act they may wish to 
 purchase and for which they may wish appraisals to be made, both for easement anil 
 for purchase in fee simple. The board may, if it deems best, specify in case of any 
 property the particular purpose for which and the extent to which an easement in 
 the same is desired, describing definitely such purpose and extent. The appraisers 
 shall appraise all damages which may, because of the execution of the official plan, 
 accrue to real or other property either within or without the district, which damages 
 shall also represent easements acquired by the district for all the purposes of the dis- 
 trict, unless otherwise specifically stated. Upon such appraisals being confirmed 
 by the board of directors, the board of directors of the district shall have the option 
 of paying the entire appraised value of the property and acquiring full title to it 
 (in fee simple), or of paying only the cost of such easement for the purposes of the 
 district. The appraisers in appraising benefits and damages shall consider only the 
 effect of the execution of the official plan. The appraisers in making appraisals shall 
 give due consideration and credit to any other works or other sj'stems of reclamation 
 already constructed, or under construction, which form a useful part of the work of the 
 district according to the official plan. Where the appraisers return no appraisal of
 
 Act »4 1, 88 20-20 GBNERAI. LAWS. 388 
 
 damages to any property, it shall be deemed a finding by them that no damage will be 
 sustained. 
 
 Lands outside district. 
 
 $ 26. If the appraisers find the lands or other property not embraced within the 
 boundaries of the district will be aUected by the proposed improvement, or should be 
 included in the district, they shall appraise the benefits and damages to such land, and 
 shall file notice with the board of directors of the appraisal which they have made upon 
 the lands beyond the boundaries of the district. 
 
 Beport of board of appraisers. 
 
 $ 27. The board of appraisers shall prepare a report of its findings which shall be 
 arranged in tabular form and bound in book form, and which shall be known as the 
 conservancy appraisal record. Such record shall contain the names of the owners of 
 property appraised as it may appear on the last assessment roll of the county, a 
 description of the property appraised, the amount of benefits appraised, the amount 
 of damages appraised, and the appraised value of land or other property which may 
 be taken for the purposes of the district. They shall also report any other benefits or 
 damages or any other matter which in their opinion should be brought to the attention 
 of the board of directors. No error in the names of the owners of real property or in 
 the descriptions thereof shall invalidate said appraisal or the levy of assessments or 
 taxes based thereon, if sufficient description is given to identify such real property. 
 
 When their report is completed, it shall be signed by at least a majority of the 
 appraisers and filed with the secretary. 
 
 Notice of hearing on appraisals. 
 
 $ 28. Upon the filing of the report of the appraisers, the secretary of the district 
 shall give notice thereof by publication. Said notice shall be substantially as in form 
 six of the schedules hereto attached. It shall not be necessary for said secretary to 
 name the parties interested. 
 
 Description of lands. 
 
 It shall not be necessary to describe the separate lots or tracts of land in giving 
 said notice, but it shall be sufficient to give such descriptions as will enable him, the 
 owner, to determine whether or not his land is covered by such description. For 
 
 in.stance, it will be sufficient to state "all land lying in block of the town of 
 
 " or, "all land abutting on street in the town of , " 
 
 or "all land lying west of 4... river and east of railroad in 
 
 township," or any other general description pointing out the lands 
 
 involved and identifying the same. 
 
 Where lands in different counties are mentioned in said report it shall not be neces- 
 sary to publish a description of all the lands in the district in each county, but only 
 of that part of the said lands situate in the county in which publication is made. 
 
 Hearing of objections. 
 
 ^ 29. Any property owner may accept the appraisals of benefits and of damages and 
 of lands to be taken made by the appraisers, or may acquiesce in their failure to 
 appraise damages, and shall be construed to have done so unless he shall within ten 
 days after the last publication provided for in the preceding section file objections to 
 said report. All objections shall be heard by the board of directors, beginning not less 
 than twenty nor more than thirty days after the last publication provided for herein, 
 and determined in advance of other business so as to carry out, liberally, the purposes 
 and needs of the district. The board of directors, if it deem necessary, may alter or 
 amend said report in accordance with such objection or any of them, or may return the 
 
 I
 
 SS9 CONSERVATION. Act 941, §§ 30-32 
 
 report to the board of appraisers for their further consideration and amendments, and 
 enter its order to that effect. If, however, the appraisal roll as a whole is referred back 
 to the appraisers, the board of directors shall not resume the hearing thereof without 
 due notice, as for an original hearing thereon. 
 
 Approval of report. Disorganization of district on disapproval of report. 
 
 ^ 30. If it appears to the satisfaction of the board of directors after having heard 
 and determined all said objections that the estimated cost or constructing the improve- 
 ment contemplated in the official plan is less than the benefits appraised, then the said 
 board shall approve and confirm said appraisers' report as filed or as so modified and 
 amended. In case the board of. directors shall find that the benefits appraised are less 
 than the estimated total costs, it shall report the fact to the board of supervisors who 
 shall disorganize the district after having provided for the payment of all expendi- 
 tures by an order of said board abandoning all proceedings. 
 
 Condemnation of property. 
 
 $ 31. If after the approval of the appraisers' report the said board of directors 
 deems it necessary to proceed by condemnation to acquire for the district property to 
 cany out the official plan of the district, it may proceed so to do, under and by virtue 
 of the laws of the state of California, and the passage of a resolution by said board that 
 the lands to be acquired are for a public use shall be conclusive of that fact. 
 
 Alterations or additions to plan. 
 
 $ 32. The board of directors may at any time before the conclusion of the hearing 
 thereon and the approval by the state engineer, when necessary to fulfill the objects for 
 which the district was created, alter or add to the official plan as in section eleven 
 provided, and when such alterations or additions are formally approved by the said 
 board and by the state engineer and are filed with the secretary, they shall become 
 parts of the official plan for all purposes of this act. Where such alterations or 
 additions in the judgment of the said board neither materially modify the general 
 character of the work, nor materially increase resulting damages for which the board 
 is not able to make amicable settlement, nor increase the cost more than ten per cent, 
 no reappraisement shall be necessary. In case the proposed alterations or additions in 
 the opinion of the board materially modify the resulting damages or materially reduce 
 the benefits, for which the board of directors is not able to make amicable settlement, 
 or materially increase the benefits in such a manner as to require a new appraisal, 
 or increase the cost more than ten per cent, the board of directors shall direct the 
 board of appraisers (which may be the original board or a new board appointed by the 
 board of directors) to appraise the property to be taken, benefited or damaged, by 
 the proposed alterations or additions. Upon the completion of the report thereon by 
 the board of appraisers notice shall be given and a hearing had on their report in the 
 same manner as in the case of the original report of the board of appraisers; provided, 
 that where only a few landowners are affected, the secretary of the district may, on 
 order of the board of directors, if found by them to be more economical and con- 
 venient, give personal notice to such landowners of the hearing of the report of said 
 appraisers, instead of notice by publication ; and provided, that when the only question 
 at issue is additional damages or reduction of benefits to property, due to modifica- 
 tions or additions to the plans, the board of directors may, if they find it practicable, 
 make settlements with the owners of the property damaged or benefited, instead of 
 having appraisals made by the board of appraisers. In case such settlements are made, 
 notice and hearing need not be had. After bonds have been sold, in order that their 
 security may not be impaired, no reduction shall be made in the aggi-egate amount 
 of benefits appraised against property in the distri^v
 
 Act 941, §§ 33-35 GENERAL. LAWS. SOO 
 
 i 
 
 Validity of proceeding not affected by fault. 
 
 § 33. No fault in any notice or other proceedings shall affect the validity of any 
 proceeding under this act except to the extent to which it can be shown that such ^ 
 fault resulted in a material denial of justice to the property owner complaining of such ^ 
 fault if any appraisal of benefits shall be declared ineffectual by any court. 
 
 The board of directors may render a finding as to the amount of benefits to said 
 property, and appraise the proper benefits accordingly, and thereupon said land shall 
 be assessed according to such benefits. 
 
 District funds. 
 
 § 34. The moneys of every conservancy district organized hereunder shall consist 
 of four separate funds: (1) Preliminary fund, by which is meant the proceeds of the 
 ad valorem tax authorized by this act and such advancements as may be made from 
 the general county funds as provided in this act; (2) bond fund, by which is meant 
 a fund raised by the issuance and sale of bonds of the district; (3) improvement 
 warrant fund, by which is meant the proceeds of levies made against the special 
 assessments of benefits equalized and confirmed under the provisions of this act; and 
 (4) maintenance fund, which is a special assessment to be levied annually for the pur- 
 pose of upkeep, administration and current expenses as hereinafter provided. It is 
 intended that the cost of preparing the official plan, the appraisal (except as paid out 
 of the preliminary fund) and the entire cost of construction and superintendence, 
 including all charges incidental thereto, and the cost of administration during the 
 period of construction, shall be paid out of the bond fund. 
 
 No vouchers shall be drawn against the preliminary fund (except for advances from 
 the general county funds) or against the maintenance fund until a tax-levying reso- 
 lution shall have been properly recommended by the board of directors and passed 
 by the board of supervisors and duly entered upon its records; no bonds shall be issued 
 against the bond fund until a tax-levying resolution shall have been properly recom- 
 mended by the board of directors and passed by the board of supervisors and duly 
 entered upon its records; no moneys shall be transferred from the improvement warrant 
 fund except by order of the board of supervisors, upon recommendation of the board 
 of directors. 
 
 Payment of preliminary expenses. 
 
 § 35. If the district is not organized, then the costs of publication and other 
 official costs of the proceedings shall be collected by the county from the petitioners 
 or their bondsmen, paid into the county treasury and there held in a separate fund 
 against which warrants may be audited and drawn on the order of the board of 
 supervisors, as other warrants of the county are audited and drawn. Upon the organ- 
 ization of the district, the board of supervisors shall make an order indicating a 
 preliminary division of the preliminary expenses between the counties included in the 
 district in approximately the proportions of interest of the various counties as may be 
 estimated by said board of supervisors. And the board of supervisors of each respec- 
 tive countv shall issue an order to the auditor of its respective county to issue his 
 warrant for the pro rata amount to be paid that county, upon the treasurer of his 
 county to reimburse the county having paid the total cost ; provided, however, that the 
 joint board of supervisors shall first determine at a previous meeting the pro rata 
 amount to be borne by each county and shall determine the same upon a basis of the 
 assessed value of property benefited in the district in each county. 
 
 Advance of funds by counties. 
 
 Expenses incurred thereafter prior to the receipt of money by the district from taxes 
 or assessments, bond sales, or otherwise, shall be paid from the general funds of the
 
 391 CONSERVATIOW. Ac* »41, 88 36, 37 
 
 respective counties proportionately upon the order of the board of supervisors, and 
 shall be paid upon certification of the clerk of the board of supervisors of such ^rder, 
 specifying the amount and purpose of the claims to the auditor of each county, who 
 shall thereupon at once issue his warrant to the treasurer of his county. Upon receipt 
 of funds by the district from the sale of bonds or by taxation or assessment the funds 
 so advanced by the counties shall be repaid. 
 
 Tax levy for incidental expenses. 
 
 As soon as any district shall have been organized under this act, and a board of 
 directors shall have been elected and qualified, such board of directors shall recom- 
 mend to the board of supervisors and the board of supervisors shall have the power 
 and authority to levy upon the property within the district an assessment not to 
 exceed three-tenths of a mill on each one hundred dollars of the assessed valuation 
 thereof as a level rate to be used for the purpose of paying expenses of organization, 
 for surveys and plans, and for other incidental expenses which may be necessary up 
 to the time money is received from the sale of bonds or otherwise. This assessment 
 shall be certified to the auditors of the various counties having property within the 
 district and by them to the respective treasurers of their counties. If such items of 
 expense have already been paid in whole or in part from other sources, they may be 
 repaid from the receipts of such levy, and such levy may be made although the work 
 proposed may have been found impracticable or for other reasons is abandoned. The 
 tax collector shall at once proceed to collect said assessment and the collection of such 
 assessment levy shall conform in all matters to the collection of taxes and assessments 
 for the district outlined in this act, and the same provisions concerning the non- 
 payment of taxes shall apph'. In case a district is disbanded for any cause whatever 
 before the work is contracted, the data, plans and estimates which have been secured 
 shall be filed with the clerk of the board of supervisors with which the petition 
 thereupon was filed, and shall be matters of public record available to any person 
 interested. 
 
 Interest on unpaid warrants. 
 
 ^ 36. If any warrant issued by the board of directors is presented for payment 
 and is not paid for want of funds in the treasury, that fact with the date of refusal 
 shall be endorsed on the back of such warrant, and said warrant shall thereafter draw 
 interest at the rate of six per cent, until such time as there is money in the treasury 
 of said district sufficient to pay the amount of said warrant with interest. 
 
 Bond issue to complete works. 
 
 $ 37. At any time after the adoption of the original official plan the board of 
 directors may by majority vote of said board adopt and enter on their minutes a 
 resolution estimating the amount of money needed to complete the works according 
 to said official plan and authorizing and directing a petition to be filed with the board 
 of supervisors of the county in which the original petition for the organization of the 
 district was filed, requesting that a special election be called to submit to the electors 
 of the district qualified under this act the question of incurring an indebtedness in the 
 amount specified in said resolution. Said petition shall set forth the amount of bonds 
 to be issued, the rate of interest to be paid, which shall not exceed six per cent per 
 annum and in general terms the objects and purposes for which the indebtedness is to 
 be incurred. After the filing of said petition the board of supervisors shall without 
 delay call a special election and submit to the electors of said district, qualified under 
 the provisions of this act, the proposition of incurring a bonded debt in the amount 
 estimated by the board for the construction of the works in accordance with said 
 official plan.
 
 Act 041, § 37 GE:NE:RAL laws. 302 
 
 Additional issnes. 
 
 If the amount of money provided in the original bond issue is not sufficient to com- 
 plete the work according to the official plan nothing herein contained shall prohibit 
 the board of directors from filing petitions for additional issues of bonds in the same 
 form and manner hereinabove set forth for tl'.e original issue of bonds. The plan and 
 procedure for the original issue of bonds shall be followed for all subsequent issues 
 of bonds. 
 
 Ordinance calling election. Rate of interest. 
 
 Said board of supervisors shall call such special election by ordinance, and shall 
 recite therein the objects and purposes for which the indebtedness is proposed to be 
 incurred; provided, that it shall be sufficient to give a brief general description of 
 such objects and purposes, and refer to the official plan on file for particulars; and 
 said ordinance shall also state the estimated cost of the proposed work and improve- 
 ments, the amount of the principal of the indebtedness to be incurred therefor, and 
 what part of such indebtedness shall be paid each and every year, and which shall be 
 not less than one-fortieth of the whole amount of such indebtedness, and the rate of 
 interest to be paid on said indebtedness, and shall fix the date on which such special 
 election shall be held, the manner of holding the same and the manner of voting for or 
 against incurring such indebtedness. The rate of interest to be paid on such indebted- 
 ness shall not exceed six per centum per annum. 
 
 Election precincts. 
 
 For the purposes of said election, said board of supervisors shall in said ordinance 
 establish election precincts within the boundaries of the said district, and may form 
 election precincts by consolidating the precincts established for general election pur- 
 poses in said district to a number not exceeding six for each such bond election pre- 
 cinct, and shall designate a polling place and appoint two inspectors, two judges and 
 two clerks for each of such precincts. 
 
 In all particulars not recited in such ordinance, such election shall be held as nearly as 
 practicable in conformity with the general election laws of the state. 
 
 Said board of supervisors shall cause so much of said official plan as covers a gen- 
 eral description of the work to be done, and the map showing the location of the pro- 
 posed work and improvements, to be printed at least thirty days before the date 
 fixed for such election, and a copy thereof furnished to every elector of said district 
 qualified under the provisions of this act who shall apply for the same. 
 
 Publication of ordinance. 
 
 Said ordinance calling such election shall, prior to the date set for such election, be 
 published ten times in a daily, or four times in a weekly, newspaper of general cir- 
 culation, printed and published in said district, and designated by said board of super- 
 visors for said purpose. No other notice of such election need be given. 
 
 Any defect or irregularity in the proceedings prior to the calling of such election 
 (shall not affect the validity of the bonds. 
 
 Majority vote. Form of bonds. Sale of bonds. Tax to pay principal and interest. 
 If at such election a majority of the votes cast are in favor of incurring such bonded 
 indebtedness, then bonds of said district for the amount stated in such proceedings 
 shall be issued and sold as in this act provided. All bonds issued under this act shall 
 mature serially in equal annual amounts of not less than one-fortieth part of the 
 aggregate principal in each 3'ear, and their principal and interest shall be made pay- 
 able at the county treasurer's office of the main county; in United States gold coin. 
 The board of supervisors by an order entered upon its minutes shall prescribe the 
 
 r
 
 393 CONSERVATION. Act 941, § 37 
 
 form of said bonds, and of the interest coupons attached thereto; the denominations 
 of the bonds, which shall be not lesg than one hundred dollars nor more than one 
 thousand dollars; the dates of payment of principal and interest, and the serial 
 numbering of the bonds and coupons. Said bonds shall be signed on behalf of the 
 district by the chairman of the board of supervisors of the main county and by the 
 auditor of said county, and the coupons shall be signed by the engraved or litho- 
 graphed facsimile signature of such auditor; and when so signed said bonds and 
 coupons shall be delivered for safe keeping to the county treasurer of said main 
 county, who shall deliver them to the purchaser or purchasers thereof on receipt of 
 the purchase price. If any officer signing shall cease to be such officer before the 
 delivery of the bonds to the purchaser, such signature shall nevertheless be valid and 
 effectual. Said bonds shall be sold in the manner prescribed by the board of super- 
 visors, but for not less than par, and the proceeds of sale thereof, including any 
 premium received at such sale, shall be deposited in the county treasury to the credit of 
 the construction fund of the district. Payments from said fund shall be made by the 
 county treasurer upon demands signed by the president and secretary of the district 
 and approved by resolution of the board of directors, each of which demands shall 
 recite that it is drawn in payment of work to be done under said official plan, or for 
 expense incidental thereto. Bonds issued under this act shall constitute a continuing 
 lien upon all property within the district. The board of supervisors shall levy a tax 
 each year upon the taxable property in such district, sufficient (when added to the 
 district bond fund in the county treasury available therefor) to pay the annual 
 interest on said bonds, and also such part of the principal thereof necessary to be 
 collected as will become due before the collection of the next general tax levy. Sucl? 
 tax shall be levied and collected on such property in each county containing any park 
 of the district at the time and in the same manner as the general tax levy for county 
 purposes, and when collected shall be paid by the treasurer of each county into the 
 county treasury of the main county to the credit of the district bond fund, to be used 
 for the payment of the principal and interest of said bonds and for no other purpose. 
 The treasurer shall pay therefrom the principal and interest of said district bonds in 
 the manner provided by law for payment of county bonds. 
 
 The provisions of the Political Code prescribing the manner and effect of levying, 
 equalizing and collecting taxes, the sale of property for delinquency, and the redemp- 
 tion from such sale, and the duties of the several county officers in respect thereto, 
 so far as they do not conflict with the specific provisions of this act, are hereby adopted 
 and made applicable to the levy and collection of said taxes for the payment of bonds. 
 Such officers shall be liable on their official bonds for the faithful discharge of the 
 duties imposed on them bj' this act. 
 
 Partial sale or pledge. 
 
 If at the time the bonds are ready to be issued, the board shall be of the opinion 
 that such bonds can not advantageously be issued and sold in whole, the board may sell 
 parts only for the entire issuer or may pledge all or part of said issue as collateral to 
 a loan, but no partial sale or pledge shall be made without the order of the board made 
 and entered of record, and no pledge shall be made at a greater margin than at the rate 
 of one hundred dollars of bond principal for ninety dollars of loan. 
 
 The district may secure the payment of loans from the United States government 
 in the same manner as it may secure the payment of bonds, and the board of directors 
 maj- make any necessary regulations to provide for such payments. 
 
 Validity of bonds. Conversion into registered bond. 
 
 This act shall, without reference to any other act of the legislature of California, 
 be full authority for the issuance and sale of the bonds in this act authorized, which
 
 Act J»41. ee :w. 3» GENERAL LAWS. S»4 
 
 bonds shall have all the qualities of negotiable paper under the law merchant, and 
 when executed and sealed and certified to by the state treasurer in conformity with the 
 provisions of this act, and when sold in the manner prescribed herein and the con- 
 sideration therefor received by the district, shall not be invalid for any irregularity or 
 defect in the proceedings for the issue and sale thereof, and shall be incontestible in 
 the hands of bona fide purchasers or holders thereof for value. No proceedings in 
 respect to the issuance of anj' such bonds shall be necessary except such as are required 
 by this act. Whenever the owner of any coupon bond issued pursuant to the pro- 
 visions of this act shall present such bond to the treasurer of the district with a 
 request for the conversion of such bond into a registered bond, the said treasurer shall 
 cut off and cancel the coupons of any such coupon bond so presented and shall stamp, 
 print or write upon such coupon bond so presented, either upon the back or the face 
 thereof, as may be convenient, a statement to the effect that the said bond is registered 
 in the name of the owner and that thereafter the interest and principal of said bond 
 are payable to the registered owner. Thereafter and from time to time, such bond may 
 be transferred by such registered owner in person or by attorney duly authorized on 
 presentation of such bond to the treasurer of the district and the bond again registered 
 as before, a similar statement being stamped, printed or written thereon. Such state- 
 ment stamped, printed or written upon any such bond may be substantially in the 
 following form : 
 
 Statement on registered bond. /-rw x • • xi ^ ■■ x 
 
 (Date, giving month, year and day.) 
 
 This bond is registered pursuant to the statutes in such case made and provided, in 
 the name of (here insert name of owner), and the interest and principal thereof are 
 hereafter payable to such owner. 
 
 Treasurer conservancy district. 
 
 If any bond shall be registered as aforesaid, the principal and interest of such bond 
 shall be payable to the registered owner. The treasurer of the district shall enter in a 
 register of said bonds to be kept by him or in a separate book, the fact of the regis- 
 tration of such bond and the name of the registered owner thereof, so that said registry 
 or book shall at all times show what bonds are registered and the name of the registered 
 owner thereof. 
 
 Bands [Bonds] legal investments. 
 
 ^ 38. Bonds of any district issued pursuant to the provisions of this act which are 
 investigated and approved by any commission or ofiBcer now or hereafter authorized 
 by the laws of this state to conduct such investigation and give such approval and by 
 authority of which approval said bonds are declared to be legal investments for sav- 
 ings banks may be lawfully purchased or received in pledge for loans by banks, trust 
 companies, guardians, executors, administrators and special administrators, or by any 
 public officer or officers of this state, or of any county, city, city and county or other 
 municipal or corporate body within the state having or holding funds which they are 
 allowed by law to invest or loan. 
 
 Improvement warrants. 
 
 ^ 39. Upon the adoption of the report of appraisers hereinbefore referred to, the 
 board of directors shall certify said report to the board of supervisors. The board of 
 supervisors shall levy against the respective parcels of property within the district the 
 sum set forth in said report of appraisers assessed to the respective parcels of prop- 
 erty as therein set forth for special benefits. The board of supervisors shall there- 
 upon issue what shall be known as improvement warrants, under the provisions of this 
 act, to represent such special assessments against each parcel of land, in the form and 
 manner and with the effect in this act provided. Said improvement warrants shall be
 
 305 CONSERA'ATION. Act 941, § 30 
 
 numbered consecutively, their said numbers corresponding with the numbers given to 
 the respective parcels of land as shown upon the map accompanying the general plan, 
 and shall be deemed to refer to said map. The respective special assessments so 
 levied, as evidenced by said improvement warrants, shall bear the same rate of interest 
 per annum from the date of the issuance of the said warrants until paid as is borne by 
 the district bonds hereinbefore authorized to be issued, and said interest, together with 
 a smn equal to the first installment of principal, plus one per cent of said principal, 
 shall be paid semiannually at the treasury of said district. Said assessments shall be 
 apportioned by said board of supervisors over a period of twenty-six years, both 
 principal and interest payable at the office of the treasury of said district. The said 
 improvement warrants issued to evidence said assessments shall be attested by the seal 
 of said district, and shall be signed by the secretary of the board of directors, and shall 
 be a lien for the amount indicated on the face of such warrants, viz, the amount of 
 said special assessment, together with accrued interest, if any, against the specific par- 
 cels of land to which the said improvement warrants respectively refer. Payment of 
 the annual installment of the principal of said assessment, as evidenced by said im- 
 provement warrants, together with accrued interest, shall be due on the first day of 
 July and January of each year, and the first payment shall be due on the first day of 
 July next following the date of the issuance of such improvement warrant. In case of 
 default in the payment of any installment of the principal provided for in said improve- 
 ment warrant, or interest accrued on deferred pa^yments, then and in that event the 
 entire remaining unpaid installments shall become immediately due and payable, and 
 the same, and all liens which are security therefor, may be collected and enforced as in 
 this act provided. Said improvement warrants shall be in the following, or substan- 
 tially the following form, and of effect as therein stated: 
 
 Form of improvement warrant. 
 
 Improvement Warrant No of Conservancy District. 
 
 $ (Date) 
 
 This improvement warrant, known as and numbered improvement warrant number 
 
 of the conservancy district, is issued to represent an 
 
 assessment for benefits to the amount of $ , levied in the 
 
 conservancy district, state of California. The amount herein stated is the amount 
 
 assessed in said assessment against the lot or parcel of land numbered 
 
 in the report of appraisers on file herein, and in the diagram attached thereto, and 
 Avhich said amount has been divided into fifty-two equal installments of principal, one 
 installment of which, together with accrued interest, is to be paid semiannually, and 
 which said amount, except as indicated on the back hereof, remains unpaid, and until 
 entirely paid, with accrued interest, is a first lien upon the property affected thereby, 
 and as the same is described herein and in said recorded assessment with its diagram, 
 
 to wit, the lot or parcel of land in the conservancy district, 
 
 county of , state of California, described as follows : 
 
 The term of this improvement warrant is twenty-six years from JuW 1, 19. . . ., and 
 at the expiration of said time the whole sum then unpaid, together with accrued interest, 
 shall be due and payable, but on the first days of July and January- of each year after 
 the date hereof, an even semiannual proportion of its principal is due and payable until 
 
 the whole is paid, with accrued interest, at the rate of per cjnt per 
 
 annum. The interest on deferred payments is payable semiannually, on the first day 
 of July and January in each year hereafter until paid, the first of which is due for the 
 interest from date to the first day of July, 19. . . ., and thereafter the interest payments 
 are for the interest due on all deferred payments. Should default be made in the first
 
 Act 941, 88 40-43 GENERAL LAWS. 396 
 
 or any succeeding payments of principal, or in any payment of interest by the owner 
 of said lot or parcel, or anyone in his behalf, the district is entitled to declare the 
 whole unpaid amount to be due and payable, and thereupon have a right to collect the 
 same and to enforce all liens which are security therefor, as by law provided, and as in 
 the case of unpaid state and county taxes. 
 
 Issued by order of the board of supervisors this day of , 19 
 
 Secretary of the board of directors of the conservancy district. 
 
 Amounts due on said improvement warrants shall be payable to the district treasurer, 
 and no mistake or error in the description in said warrant or in the description of the 
 lot or parcel of land assessed shall affect the validity of the lien of any improvement 
 warrant, unless the mistake or error is such that the said lot or parcel of land can not 
 be identified, and in such event, the same, by order of the board of directors, may be 
 corrected upon application to the treasurer and to the oflScers or board who or which 
 made the assessment to represent which such warrant is issued. 
 
 Record of improvement warrants. 
 
 ^ 40. The treasurer of the district shall enter in a book kept for that purpose in 
 his office a record of each improvement warrant issued hereunder, specifying the date 
 of its issue, the amount for which issued, its duration, and a description of the lot or 
 parcel against which issued. Payments of principal and interest on account of any 
 warrant issued hereunder shall be made to the treasurer of the district, who shall keep 
 a separate account of all such payments, entering the same in the record herein 
 required to be kept, and credit the same on the back of the warrant, and place the 
 same in appropriate funds for the payment of principal and interest of the improve- 
 ment warrants on account of which paid. 
 
 Amount of warrant lien on property. 
 
 ^ 41. Such warrants issued hereunder shall by their issuance be conclusive evidence 
 of the regularity and validity of all proceedings thereto. The amount due upon any 
 such improvement warrant shall be a lien upon the lot or parcel described in such 
 improvement warrant, superior to all other liens, charges and encumbrances until paid, 
 except the liens of prior assessments and of state, county and municipal taxes, assess- 
 ments levied or assessed by statutory' authority and taxes levied to pay o££ the principal 
 and interest of the bonds hereinbefore referred to. 
 
 Improvement warrant fund. 
 
 ^ 42. The proceeds derived from the payments of such improvement warrants shall 
 be paid into what shall be known as the improvement warrant fund of the district, to 
 represent, and shall represent, assessments for which said improvement warrants were 
 issued. Upon recommendation of the board of directors, and upon order of the board 
 of supervisors, proceeds received from the payment of the principal and interest of 
 such improvement warrants shall be employed for the purpose of retiring the bonds 
 of the district hereinbefore first authorized to be issued, and for no other purpose. 
 
 Sale of land on default of owner. 
 
 § 43. Whenever, through the default of the owner of any lot or parcel of land 
 against which any such improvement warrant or warrants is or are issued to represent 
 the assessment and interest against such lot or parcel of land, payment of the principal 
 or of the interest is not made when the same has become due, the treasurer of the 
 district, upon order of the board of supervisors, shall proceed to advertise and sell 
 said lot or parcel of land as herein provided, and provided there is money in any avail- 
 able fund so to do, the board of directors, in the name of the district, may buy in said
 
 397 CONSERVATION. Act 941, §§ 44-47 
 
 lot or parcel of land. Thereupon the whole improvement warrant or its unpaid 
 remainder, together with accrued interest, shall become due and payable inamediately, 
 and on the day following shall become delinquent. 
 
 Delinquent improvement warrants. 
 
 $ 44. If the payment of principal or interest of any improvement warrant issued 
 shall become delinquent, as hereinbefore provided, the said treasurer shall publish twice 
 in a newspaper of general circulation to be designated by him, published in the city 
 where his office is situated, a notice which must contain the date and number of the 
 delinquent improvement warrant, a description of the property mentioned in said 
 warrant, and the name of the owner of such property, if known, and if unknown, the 
 fact shall be so stated, the amount due thereon, and a statement that unless the amount 
 of said improvement warrant and the interest due thereon, together with the cost of 
 publication of such notice are paid, the real property described in said improvement 
 warrant will be sold at public auction on a day to be therein fixed, which shall not be 
 less than fifteen nor more than thirty days from the day of the first publication of said 
 notice, and the place of such sale, which must be the office of the said treasurer. A like 
 notice shall be served upon any such owner, if known, either personally or by depositing 
 the same in the post office at such city, addressed to such owner at his address if known, 
 with the postage thereon prepaid. At any time prior to the sale, the owner or person 
 in possession of any real estate offered for sale under the provisions of this act, may 
 pay the whole amount of said improvement warrant then due, with costs, and said 
 improvement warrant and the assessment e%ddenced thereby shall thereupon be can- 
 celed; but in case such payment is not made by such owner, or person in possession, or 
 by some one in behalf of such owner, or of the person in possession, the property 
 subject thereto shall be sold at public auction, first, preferably to the district ; secondly, 
 if the district does not bid therefor, to the bidder offering to pay the amount 'lue on 
 the warrant with costs for the least portion of such lot or parcel of land offered for sale. 
 
 Affidavit of publication. 
 
 $ 45. The district treasurer, before the day of sale hereinafter provided for, must 
 file with the secretary of the board of directors a copy of the publication, with an 
 affidavit of the publisher of such newspaper or some one in his behalf attached thereto, 
 that it is a true copy of the same, and that the publication was made in a newspaper, 
 stating its name and place of publication, ♦and the date of each appearance in whick 
 such publication was made, which affidavit is prima facie evidence of all the factf 
 stated therein. 
 
 Added costs. 
 
 ^ 46. The treasurer of the district must collect, in addition to the amount due oa 
 such improvement warrant, the cost of the publication of such notice, and fifty cents 
 for the certificate of sale delivered to the purchaser as hereinafter provided. 
 
 Record of sale. 
 
 $ 47. The treasurer of the district, before delivering any certificate of sale, must, 
 in a book kept in his office for that purpose, enter the date, number and series of the 
 improvement warrant, a description of the land sold corresponding with the description 
 in the certificate, the date of sale, purchaser's name, the amount paid, and regularly 
 number the descriptions on the margins of the book, and put a corresponding number 
 on each certificate. Such book must be open to public inspection during office hours 
 when not in actual use, and he shall enter on the records and on the improvement war- 
 rant the words, "Canceled by sale of the property," giving the date of such sale.
 
 Act 941.88 4R-51 GENERAL LAWS. 809 
 
 Purchaser divested of lien. 
 
 § 48. Immediately on the sale, the purchaser shall become vested with the lien on the 
 property so sold to hira to the extent of his bid, and is only divested of such lien by the 
 payment to the treasurer of the district of the purchase money, including costs herein 
 provided for, with interest thereon at the rate of one per cent per month from date of 
 sale. 
 
 Redemption of property sold. 
 
 $ ^. A redem])tion of the property sold may be made by the owner of the property 
 or any part in interest within twelve months from the date of purchase, or at any time 
 prior to the application for a deed, as hereinafter provided. Redemption must be made 
 in lawful money of the United States, and when made to the treasurer of the district he 
 must credit the amount paid to the person named in his certificate and pay it on 
 demand to him or his assignees. 
 
 Certificate of sale filed. 
 
 $ 50. On receiving the certificate of sale, the secretary must file it and make an 
 entry in a book similar to that required of the treasurer of the district, the fee for 
 which shall be fifty cents, and on presentation of the receipt of the treasurer of the 
 district for the total amount of the redemption money, the secretary must, without 
 charge, mark the word "Redeemed," the date, and by whom redeemed, on the margin 
 of the book where the entry of the certificate is made. 
 
 Deed to property sold. 
 
 $ 51, If the property is not redeemed within the time allowed by the provisions of 
 this act for its redemption, the treasurer of the district or his successor in ofl&ce, upon 
 application of the purchaser, or his assignee, must make to said purchaser or his 
 assignee a deed to the property, reciting in the deed substantially the matter contained 
 in the certificate, and that no person has redeemed the property during the time 
 allowed for its redemption. The treasurer shall be entitled to receive from the pur- 
 chaser two dollars for making said deed, which shall be deposited in the treasury of 
 the district for the use of the district after payment has been made therefrom for the 
 acknowledgment of said deed; provided, however, that the purchaser of the property, 
 or his assignee or agent, must, thirty days prior to the expiration of the time of the 
 redemption, or thirty days before his application for a deed, serve upon the owner or 
 agent of the property purchased, if named in such certificate of sale, and upon the 
 party occupying the property if the property is occupied, a written notice, stating that 
 said property, or a portion thereof, has been sold to satisfy the improvement warrant 
 lien, and stating the date of sale, the number, the amount then due, and the time when 
 the right of redemption will expire, or when the purchaser will apply for a deed, and 
 the owner of the property shall have the right of redemption indefinitely until such 
 notice shall have been given and such deed applied for, upon the payment of the fees, 
 penalties and costs in this act required. In case of unoccupied property, a similar 
 notice must be posted in a conspicuous place upon the property at least thirty days 
 before the purchaser applies for a deed, and no deed to the property sold in accordance 
 with the provisions of this act shall be issued by the treasurer of the district to the 
 purchaser of such property until such purchaser shall have filed with such treasurer 
 an affidavit showing that the notice hereinbefore required to be given has been given 
 as herein required, which said affidavit shall be filed and preserved by the said treasurer 
 as other records kept by him in his office. Such purchaser shall be entitled to receive 
 the sum of fifty cents for his services of such notice and the making of such affidavit, 
 which sum of fifty cents shall be paid by the redemptioner at the time and in the same 
 manner as the other sums, costs and fees are paid.
 
 399 CONSERVATION. Act 941, gg 52-55 
 
 Deed conclusive evidence of proceedings. 
 
 § 52. The deed, when duly acknowledged or proven, shall be conclusive evidence of 
 all things which the improvement warrant upon which it is based is conclusive evidence 
 and prima facie evidence of the regularity of all proceedings subsequent to the issue 
 of the warrant, and conveys to the grantee the absolute right to the lands described 
 therein, free of all encumbrances except the lien for state, county and municipal taxes 
 and assessments levied or assessed by statutory authority. 
 
 Pajring off warrant. 
 
 $ 53. Nothing in this act contained shall be construed to deprive any person or 
 persons whose land has been assessed, as evidenced by said improvement warrants, of 
 the privilege of paying off and having said warrant canceled by the payment of the 
 principal and accrued interest of said warrant at any time when payments may be 
 made during the life of said warrant. 
 
 Conservancy maintenance assessment. 
 
 $ 54. To maintain, operate and preseiT^e the reservoirs, ditches, drains, dams, levees, 
 settling basins or settling wells, canals or other improvements made pursuant to this 
 act and to strengthen, repair and restore the same, when needed, and for the purpose 
 of defraying the current expenses of the district, the board of directors may recommend, 
 and the board of supervisors upon such recommendation may upon the substantial 
 completion of said improvements and on or before the first day of September in each 
 year thereafter, levy an assessment upon each tract or parcel of land and upon prop- 
 erty within the district, subject to assessments under this act, to be known as a "con- 
 servancy maintenance assessment." Said maintenance assessment shall be apportioned 
 upon the basis of the total appraisal of benefits accruing for original and subsequent 
 constniction, and shall be levied, collected, audited and deposited in each county in 
 which lands of said district are situate, in the same manner as county taxes are levied, 
 collected, audited and deposited; provided, however, that said funds shall be deposited 
 to the credit of the "conservancy maintenance assessment fund," hereby established. 
 
 The amount of the maintenance tax paid by any parcel of land shall not be credited 
 against the benefits assessed against such parcel of land ; but the maintenance tax shall 
 be in addition to any tax that has been or can be levied against the benefit assessment. 
 
 Readjustment of appraisal of benefits. 
 
 § 55. Whenever the owners or representatives of twenty-five per cent or more of the 
 acreage or value of the lands in the district shall file a petition with the clerk of the 
 district, stating that there has been a material change in the values of the property 
 in the district since the last previous appraisal of benefits, and praying for readjust- 
 ment of the appraisal of benefits for the purpose of making a more equitable basis for 
 the levy of the maintenance assessment, the said clerk shall give notice of the filing 
 and hearing of said petition in the manner hereinbefore provided. 
 
 Upon hearing of said petition if said board of directors shall find there has been 
 a material change in the value of property in said district since the last previous 
 appraisal of benefits, the board of directors shall order that there be a readjustment 
 of the appraisal of benefits for the purpose of providing a basis upon which to levy the 
 maintenance assessment of said district. Thereupon the board of directors shall direct 
 the appraisers of the conservancy district to make such readjustment of appraisal in 
 the manner provided in this act, and said appraisers shall make their report ; and the 
 same proceedings shall be had thereon, as nearly as may be, as are herein provided for 
 the appraisal of benefits accruing for original construction; provided, that in making 
 the readjustment of the appraisal of benefits said appraisals shall not be limited to the 
 aggregate amount of the original or any previous appraisal of benefits, and that after
 
 Act 941, §§ 5C-57 GENERAL LAAVS. 400 
 
 the making of such readjustment the limitation of the annual maintenance assessment Jt' 
 
 to one per cent of the total appraised benefits shall apply to the amount of the benefits ;, 
 
 as readjusted; and provided, further, that there shall be no such readjustment of •' 
 benefits oftener than once in six years. 
 
 Invalid assessments. 
 
 § 56. If any assessment made pursuant to the provisions of this act shall prove 
 invalid, the board of directors shall by subsequent or amended acts or proceedings 
 promptly and without delay remedy all defects or irregularities as the case may require 
 by making and providing for the collection of new taxes or assessments or otherwise. 
 
 Collection of tax levied against county or city. 
 
 ^ 57. Whenever, under the provisions of this act, an assessment is made or a tax 
 levied against a county or cit}', it shall be the duty of the governing or taxing body 
 of such political subdivision, upon receipt of the order of the board of directors which 
 established the district, confirming the appraisal of benefits and the assessment based 
 thereon, to receive and file the said order, and to immediately take all the legal and 
 necessary steps to collect the same. It shall be the duty of the said governing or taxing 
 body or persons to levy and assess a tax, by a uniform rate upon all the taxable property 
 within the political subdivision, to make out the proper duplicate, certify the same to 
 the auditor of the county in which such subdivision is, whose duty it shall be to receive 
 the same, certify the same for collection to the tax collector of the county, whose duty 
 it shall be to collect the same for the benefit of the conservancy district, all of said 
 officers above named being authorized and directed to take all the necessary steps for 
 the levying, collecting and distribution of such tax. 
 
 Nothing in this section shall prevent the assessment of the real estate of other corpo- 
 rations or persons situated within such political subdivision, which may be subject to 
 assessment for special benefits to be received. 
 
 Designation of district. 
 
 Every conservancy district formed or established under the provisions of this act, 
 
 must be designated by the name and under the style of , conservancy 
 
 district (using the name of the district), of , county, (using the name 
 
 of the county in which such district is situated), and in that name the board of super- 
 visors ma}'^ make and award contracts, and may sue and be sued. 
 
 Dissolution of district. 
 
 The district may at any time be dissolved upon the vote of two-thirds of the qualified 
 electors thereof voting at an election called by the board of supervisors, ui)on the 
 question of dissolution. Upon a petition signed by fifty or more property owners and 
 residents of such conservancy district, or by thirty-three per cent of the property 
 owners and residents, asking for the dissolution of said district, the board of super- 
 visors shall within thirty days after receiving said petition, by resolution, order that an 
 election be held in the said district, for the determination of the question. Such 
 election shall be called and conducted in the same manner as other elections of the 
 district. Upon such dissolution, anj'^ propertj'' which may have been acquired by such 
 conservancy district shall vest in the board of supervisors of the county wherein such 
 conservancy district is situated; provided, however, that if at the time of the election 
 to dissolve such district there be any outstanding indebtedness of such district, then, 
 in such event, the vote to dissolve such district shall dissolve the same for all purposes 
 excepting only the levy and collection of taxes for the payment of such outstanding 
 indebtedness; and from the time such district is thus dissolved, until such indebtedness 
 is fully paid, satisfied and discharged, the board of supervisors is hereby constituted
 
 401 CONSERVATION. Act 941, g§ 58-6. 
 
 ex officio the governing board of such district. And it is hereby made obligatory upon 
 such board to levy such taxes and perform such other acts as may be necessary in order 
 to raise money for the payment of such indebtedness, as herein provided. 
 
 Liens not affected by dissolution. Duty of officers in event of dissolution. 
 
 In the event of any dissolution or disincorporation of anj;- conservancy district organ- 
 ized pursuant to the provisions of this act, such dissolution or disincorporation shall 
 not affect the lien of any assessment for benefits imposed pursuant to the provisions 
 of this act, or the liability of any land or lands in such district to the levy of any 
 future assessments for the purpose of paying the principal and interest of any bonds 
 issued hereunder, and in that event, or in the event of any failure on the part of the 
 officers of any district to qualify and act, or in the event of any resignations or vacan- 
 cies in office, which shall prevent action by the said district or by its proper officei^, 
 it shall be the duty of the county tax collector and of all other officers charged in any 
 manner with the duty of assessing, levying and collecting taxes for public purpose in 
 any county, in which said lands shall be situated, to do and perform all acts which may 
 be necessary and requisite to the collection of any such assessment which may have 
 been imposed and to the levying, imposing and collecting of any assessment which it 
 may be necessary to make for the purpose of paying the principal and interest of the 
 said bonds. Any holder of any bonds issued pursuant to the provisions of this act or 
 any person or officers being a party in interest, may either at law or in equity by suit, 
 action or mandamus, enforce and compel performance of the duties required by this act 
 of any of the officers or persons mentioned in this act. 
 
 Failure of tax collector to make prompt pajrment, 
 
 § 58. If any county tax collector or other person entrusted with the collection of 
 these assessments refuses, fails or neglects to make prompt payment of the tax or any 
 part thereof collected under this act to the treasurer of said district upon his presenta- 
 tion of a proper demand, then he shall pay a penalty of ten per cent on the amount of 
 his delinquency; such penalty shall at once become due and payable and both he and 
 his securities shall be liable therefor on his official bond. 
 
 Use of surplus funds. 
 
 ^ 59. Any surplus funds in the treasury of the district may be used, upon resolution 
 of the board of directors for retiring bonds, reducing the rate of assessment to purchase 
 lands sold for taxes or assessments as hereinbefore provided, or for accomplishing any 
 other of the legitimate objects of the district. 
 
 Report to board of supervisors. 
 
 At least once a year, or oftener if the board of supervisors shall so order, the board 
 of directors shall make a report to the board of supervisors of its proceedings and an 
 accounting of receipts and disbursements to that date which shall be filed with the 
 clerk of the board of supervisors. Thereupon the board of supervisors shall order the 
 auditing of said accounts by public accountants of recognized standing who shaQ file 
 thoir report thereon with the clerk of the board of supervisors. 
 
 Per diem and expenses of directors and appraisers. 
 
 $ 60. Each member of the board of directors shall receive not to exceed ten dollars 
 a day and his necessarj' traveling expenses, when away from home, for the time 
 actually employed in performing his duties. Each appraiser shall receive not to exceed 
 ten dollars a day and his expenses for the time actually employed in his duties. 
 
 Land in more than one district. 
 
 ^ 61. The same land, if conducive to public health, safety, convenience or welfare, 
 may be included in more than one district and be subject to the provisions of this act 
 
 Gen. Laws — 26
 
 Act 941, §§ 62, 63 GENERAL. LAWS. 403 
 
 for each and every district in which it may be included ; provided, that no district shall 
 be organized under this act in whole or in part within the territory of a district already 
 organized under this act until the board or joint boards of supervisors determine 
 whether the public health, safety, convenience or welfare demand the organization of 
 an additional district, or whether it demand that the territory proposed to be organized 
 into an additional district shall be added to the existing district; and in case the pro- 
 ceedings concerning two or more such districts are before the board of supervisors of 
 two or more counties, such determination shall be as provided in the next section. 
 
 Conference of supervisors to determine jurisdiction of districts. 
 
 § 62. In case any district or districts are being organized within, or partly within 
 and partly without, the same territory in which some other district or districts have 
 been or are being organized, the board of supervisors of every such county in which 
 such districts have been or are being organized shall confer at the earliest convenient 
 moment after they ascertain the possibility of a conflict in jurisdiction, the sitting to 
 be had in the county having the largest assessed valuation in the proposed district or 
 districts, anything to the contrary herein stated notwithstanding. 
 
 At such conference, the several supervisors shall determine to what extent the several 
 districts should be consolidated, or to what extent the boundaries should be adjusted in 
 order to most fully carry out the pvirposes of this act ; and they shall by suitable orders 
 make such determination effective. At such conferences, the decision of the majority 
 of the supervisors shall be necessary for the determination of any matter. 
 
 The provisions of this, and of the preceding section shall not operate to delay or to 
 interrupt any proceeding under this act until the question of jurisdiction has been 
 finally determined by the court or courts. 
 
 Subdistricts. 
 
 § 63. Whenever it is desired to construct improvements wholly within any district 
 organized under this act, which improvements will affect only a part of said district, 
 for the purpose of accomplishing such work, subdistricts may be organized upon petition 
 of the OAvners of real property, within the district, which petition shall fulfill the same 
 requirements concerning the subdistricts as the petition outlined in this act is required 
 to fulfill concerning the organization of the main district, and shall be filed with the 
 clerk of the same board of supervisors, and shall be accompanied by a bond as pro- 
 vided for in this act in the first instance. All proceedings relating to the organization 
 of such subdistricts shall conform in all things to the provisions of this act relating 
 to the organization of districts, including also the provision in regard to holding an 
 election excepting as to an election of directors. Whenever the board of supervisors 
 shall by its order duly entered of record declare and decree such subdistricts to be 
 organized, the clerk of said board shall thereupon give notice of such order to the 
 directors of the district, who shall thereupon act also as directors of the subdistrict. 
 Thereafter, the proceedings in reference to the subdistrict shall in all matters conform 
 to the provisions of this act, with the same ofiBcers, directors and appraisers; except 
 that in appraisal of benefits and damages for the purposes of such subdistricts, in the 
 issuance of bonds, in the levying of assessments or taxes, and in all other matters 
 affecting only the subdistrict, the provisions of this act shall apply to this subdistrict as 
 though it were an independent district, and it shall not, in these things, be amal- 
 gamated with the main district. 
 
 Officers of main district to serve. 
 
 The board of directors, board of appraisers, chief engineer, attorney, secretary and 
 
 other officers, agents and employees of tho district shall, so far as it may be necessary, 
 serve in the same capacities for such subdistrict, and contracts and agreements between
 
 403 CONSERVATIOjr. Act 941, §§ 64-6& 
 
 the main district and the subdistrict may be made in the same manner as contracts and 
 agreements between two districts. The distribution of administrative expense between 
 the main district and subdistrict shall be in proportion to the interests involved and the 
 amount of service rendered, such division to be made by the board of directors with an 
 appeal to the board of supervisors establishing the district. This section shall not be 
 held to prevent the organization of independent districts for local improvements under 
 other laws within the limits of a district organized under this act. 
 
 Protection of works. 
 
 $ 64. The board of directors shall have the right to police the works of the district, 
 and in times of great emergency may compel assistance in the protection of such works, 
 and shall, also, have the right to prevent persons, vehicles or live stock from passing 
 over the works of the district in any manner which would result in damage thereto. 
 
 Penalty for injuring bench marks, etc. 
 
 § 65. The wilful destruction, injury or removal of any bench marks, witness marks, 
 stakes or other reference marks, placed by the surveyors or engineers of the district or 
 by contractors in constructing the works of the district, shall be a misdemeanor, pun- 
 ishable by a fine not exceeding one hundred dollars. 
 
 Liability for damages. * 
 
 $ 66. All persons and corporations shall be liable for damages done to works of the 
 district by themselves, their agents, their employees, or by their live stock, in the same 
 manner, and punishable in the same manner as persons and cor|Dorations are liable for 
 damage committed to property or works belonging to private persons. 
 
 Districts for forestation and reforestation. 
 
 § 67. Districts may be formed under the provisions of this act for forestation and 
 reforestation of the lands leased or owned by said district or upon federal or state 
 lands upon receiving proper permits therefor, when deemed necessary for and inci- 
 dental to the conservation or control of flood waters against damage by floods, by a 
 substantial compliance with the terms of this act. But no such district in its constnie- 
 tion or operation shall in any manner interfere with works for the prevention of floods, 
 or the drainage of lands, or materially diminish their protective value. And the board 
 of supervisors organizing such district for the conservation of water by forestation 
 or reforestation solely, shall require a statement in the petition and proof of the effect 
 that the organization and operation of the same will not materially interfere with any 
 works or plans for flood prevention or the drainage or protection of lands, but will 
 assist in preventing such damage. Nor shall any improvement under this act deprive 
 the owners of lands lying upon any streams of water, of the ordinary flow in said 
 stream without compensation therefor. 
 
 Subject to the above, the board of directors shall have the same powers as are herein 
 conferred generally by its provisions so far as applicable. 
 
 If notice is not properly given. 
 
 § 68. In any and every case where a notice is provided for in this act, if the board 
 of directors finds for any reason that due notice was not given, the board of directors 
 shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be 
 void; but the board of directors shall in that case order due notice to be given, and 
 shall continue the hearing until such time as such notice shall be properly given, and 
 thereupon shall proceed as though notice had been properly given in the first instance. 
 
 In case any individual appraisal or appraisals, assessment or assessments, or levy or 
 le\nes, shall be held void for want of legal notice, or in case the board may determine 
 that any notice with reference to any land or lands may be fault/, then a petition may
 
 Act 941, §§ 69-73 GENEIRAL LAW S. 404 
 
 be filed with the board of directors asking that the board of directors order notice to the 
 owner of such land or lands given and set a time for hearing as provided in this act. 
 And in case the original notice as a whole was sufficient, and was faulty only with 
 reference to publication as to certain tracts, only the owners of and persons interested 
 in those particular tracts need be notified by such subsequent notice. And if the 
 publication of any notice in any county was defective or not made in time, publication 
 of the defective notice need be had only in the county in which the defect occurred. 
 
 Early hearing on question of validity. 
 
 ^ 69. All cases in which there arises a question of the validity of the organization of 
 conservancy districts shall be advanced as a matter of immediate public interest and 
 concern, and heard in all courts at the earliest practicable moment. 
 
 Construction of act. 
 
 § 70. This act being necessary for securing the public health, safety, convenience or 
 welfare, and being necessary for the prevention of great loss of life and for the security 
 of public and private property from floods and other uncontrolled waters, it shall be 
 liberally construed to effect the control and conservation and drainage of the waters 
 of this state. 
 
 C onstitutionality. 
 
 $ 71. In case any section or sections or part of any section of this act shall be found 
 to be unconstitutional, the remainder of the act shall not thereby be invalidated, but 
 shall remain in full force and effect. 
 
 Alternative act. 
 
 § 72. All existing laws of the state and parts of laws relating to drainage, flood con- 
 trol, protection from storm waters, irrigation and subjects of which this act treats, shall 
 not be in any other way affected by this act, but this act shall be treated and shall be 
 in effect an alternative act thereto. 
 
 Jurisdiction of supervisors over proceeding. 
 § 73. For the sake of convenience : 
 
 (a) In any orders of the board of supervisors, the words, **the board of supervisors 
 now here finds that it hath jurisdiction of the parties to and of the subject matter of 
 this proceeding, ' ' shall be equivalent to a finding that each jurisdictional act necessary 
 to confer plenary jurisdiction upon the board of supervisors beginning with the proper 
 signing and filing of the initial petition to the date of the order to meet every legal 
 requirement imposed by this act, has been conferred. 
 
 Bonding resolution, 
 
 (b) No other or further evidence of the legal disposition of the special assessment 
 to the payment of the bonds shall be required than the passage of a bonding resolution 
 by the board of directors recommending to the board of supervisors the issuance of 
 bonds in accordance therewith. 
 
 Abbreviations. 
 
 (c) In the preparation of any assessment or appraisal roll the usual abbreviations 
 employed by engineers, surveyors and abstractors may be used. 
 
 Land described by reference to record. 
 
 (d) Where properly to describe any parcel of land, it would be necessary to use a 
 long description, the appraisers after locating the land generally, may refer to the book 
 and page of the public record of any instrument to which the land is described, which
 
 105 COXSERVATIOX. Act 041, § 74 
 
 reference shall suffice to identify for all the purposes of that act the land described in 
 the public record so refeiTed to. 
 
 Unnecessary to specify names in notice. 
 
 (e) It shall not be necessary in any notice required by this act to be published to 
 specify the names of the owners of the lands or of the persons interested therein; but 
 any such notice may be addressed, **to all persons interested" with like elfect as 
 though such notice named by name every owner, of any lands within the territory 
 specified in the notice and every person interested therein, and every lienor, actual or 
 inchoate. 
 
 District a political subdivision. 
 
 (f) Every district declared to be a conservancy district in accordance with this act 
 shall thereupon become a political subdivision and a public corporation of the state 
 of California, invested with all the powers and privileges conferred upon such districts 
 by this act. 
 
 Powers of state commissions not limited. 
 
 Nothing in this act stated shall be construed to limit or abridge the rights and powers 
 now vested in the railroad commission of the state of California, the water commission 
 of the state of California, the reclamation board, any other commission, officer or 
 agency created by law, and all things herein enumerated to be done shall be performed 
 subject to and in compliance with the authority now vested or hereafter to be vested 
 by law in such commission, board, officer or agency, anything appearing herein not- 
 withstanding. 
 
 Form of procedure. 
 
 § 74. The following forms may suffice to illustrate the character of the procedure 
 contemplated by this act; and if substantially complied with, those things being 
 changed which (to meet the requirements of the particular case) should be changed, 
 such procedure shall be held to meet the requirements of this act. 
 
 Notice of hearing on the petition. 
 
 1. Form of Notice of Hearing on the Petition. 
 To all persons interested: 
 
 Public notice is hereby given: 
 
 1. That on the day of , 19. . . ., pursuant to the provisions of 
 
 the conser\-aney act of California, there was filed in the office of the clerk of the board 
 
 of supervisors of county, California, the petition of 
 
 and others for the establishment of a conservancy district to be known as 
 
 conservancy district. (Here insert the purposes.) 
 
 2. That the lands sought to be included in said district comprise lands in 
 
 and counties, California, described substantially as follows: Beginning 
 
 on the north line of county at its point of intersection with the west 
 
 bank of the river; thence west along the north line of 
 
 county to the high bluffs facing said river on the west; thence follow- 
 ing the base of the line of said bluffs to the north line of the right of way of the 
 
 railroad; thence west along the north right of way line of said railroad 
 
 to the center line of avenue in the city of ; thence 
 
 south along the center line of avenue to the road ; 
 
 thence southeasterly along the road to the southeasterly line of the 
 
 right of way of the railroad ; thence southeasterly along said right of 
 
 way line to the corporate limits of the city of ; thence with said 
 
 corporation line southerlj-, easterlj^ and northerly to the southerly right of way line of
 
 Act 041, §74 GKM^RAL. LAWS. 400 
 
 the main tract of the railroad ; thence easterh' along said last named 
 
 right of wa\' line to the boundary line between counties; thence 
 
 north along said county line to the southerly line of county; thence 
 
 oasterl}' along the dividing line between counties to the easterly line 
 
 of the right of way of the railroad; thence northerly along said 
 
 right of way line to its intersection with the road; thence westerly 
 
 along said road to the center line of the bridge over wash; thence up 
 
 said wash and along the center line thereof to the north line of county ; 
 
 thence west to the place of beginning. 
 
 Or, if found more convenient, the lands sought to be included in the district may be 
 described as follows: 
 
 All of township in range between the railroad and the 
 
 river; the following lands in township and range ; section 
 
 and the half of section ; also all lands within the corporate 
 
 limits of the city of , etc., etc., etc. 
 
 3. That a public hearing on said petition will be had in the chambers of said board 
 
 of supervisors on the day of , at the hour of 
 
 'clock . . m,, by the board of supervisors of county, at the 
 
 in the city of , county, California. 
 
 All persons and public corporations owning or interested in real estate within the 
 territory hereinbefore described will be given the opportunity to be heard at the time 
 and place above specified. 
 
 II 
 
 Countv Clerk. 
 
 By 
 
 Clerk of the board of supervisors, county, California. 
 
 Dated , California, , 19 
 
 Finding on hearing. 
 
 2. Form of Finding on Hearing. 
 State of California, 1 
 
 County of j^^' 
 
 In chambers of the board of supervisors of county. 
 
 In matter of conservancy district ; 
 
 Findings and Decree on Hearing. 
 
 On this day of ,19 , this cause coming on for hearing upon 
 
 the petition of and others, for the organization of a conservancy 
 
 district under the conservancy act of California, the board of supervisors, after a full 
 hearing now here find : 
 
 1. That it hath jurisdiction of the parties to, and the subject matter of this pro- 
 ceeding. 
 
 2. That the purposes for which said district is established are : 
 (Insert the purposes.) 
 
 And that it is a public necessity. 
 
 3. That the public safety, health, convenience and welfare will be promoted by the 
 organization of a conservancy district substantially as prayed in said petition (if addi- 
 tional lands are added by petition), except, that the following additional lands at the 
 petition of the owners thereof should be, and hereby are included in said district : 
 
 (Here insert additional lands.) 
 
 4. That the boundaries of said district as modified by the last finding herein are as 
 follows: (Here insert corrected boundaries of district.) 
 
 5. That the said territory last above described should be erected into and created
 
 407 CONSERVATION. Act 041, g "4 
 
 a conservancy district under the eonservanc}- act of California under the corporate 
 name of conservancy district. 
 
 Wherefore, it is by the board ordered, adjudged and decreed : 
 
 That the territory as above described be, and the same hereby is erected into and 
 created a conservancy district under the conservancy act of California, under the corpo- 
 rate name of conservancy district, in county, 
 
 California. And the following persons are hereby (found to be) (elected) directors of 
 said conservancy district: 
 
 for the term of five years, 
 
 for the term of five years, 
 
 for the term of five years, 
 
 who are hereby directed to qualify and proceed according to law. 
 
 6. [3] Form of Notice to Property Owners to Pay Assessment: 
 
 conservancy district. 
 
 To all persons interested: 
 
 Public notice is hereby given: 
 
 That on the day of , 19 . . . ., assessments upon the respec- 
 tive parcels of property in the district aggregating the sum of $ were levied 
 
 in accordance with this act, and pursuant thereto improvement waiTants were issued 
 representing such respective assessments; that said entire assessnient may be paid in 
 fifty-two semiannual installments, together with accrued interest, payable on the first 
 days of July and January of each year, or the entire amount due and unpaid of such 
 assessment as evidenced by said improvement warrants may be paid at any time on or 
 prior to the day of ,19 
 
 President. 
 
 Secretary. 
 Bond and conpon. 
 
 4. Form of Bond and of Coupon, 
 (Form of bond.) 
 
 No $ 
 
 United States of America, 
 State of California. 
 
 Conservancy district. 
 
 Conservancy bond. 
 
 Know all men by these presents that conservancy district, a legally 
 
 organized conservancy district of the state of California, acknowledges itself to owe 
 
 and for value received hereby promises to pay to bearer 
 
 dollars ($ ) on the first day of , 19...., with interest 
 
 thereon from the date hereof until paid at the rate of per cent per annum, 
 
 payable , 19...., and semiannually thereafter on the first day of 
 
 and of in each year on presentation and 
 
 suirender of the annexed interest coupons as they severalh' become due. Both princi- 
 pal and interest of this bond are hereby made payable in lawful money of the United 
 States of America, at the county treasurer's office of the main county of said district, 
 state of California. 
 
 This bond is one of a series of bonds issued bj' conservancy district 
 
 for the purjiose of paj'ing the cost of constructing a system of flood prevention (or for 
 other works) for said district and in anticipation of the collection of the taxes duly 
 levied upon lands within said district and benefited by said improvement in strict com- 
 pliance with the conservancy act of California, and pursuant to an order of the board of
 
 Act 941, §74 GEXKRAL LAWS. • 40S 
 
 supervisors upon recommendation of the board of directors of said district duly made 
 and entered of record. 
 
 And it is hereby certified and recited that all acts, conditions and things required to 
 be done in locating and establishing said district and in equalizing appraisals of benefits 
 and in levying taxos and assessments against lands benefited thereby, and in authoriz- 
 ing, executing and issuing this bond, have been legally had, done and performed in duo 
 foiTH of law. 
 
 And for the performance of all the covenants and stipulations of this bond and of the 
 duties imposed by law upon said district for the collection of the taxes and the applica- 
 tion thereof to the payment of this bond and the interest thereon, and for levying of 
 such other and further taxes and assessments as are authorized by law and as may 
 be required for the prompt payment of this bond and the interest thereon, the full 
 
 faith, credit and resources of said conservancy district are 
 
 hereby irrevocably pledged. 
 
 In testimon}' whereof the board of supervisors of the conservancy 
 
 district has caused this bond to be signed on behalf of said district by the chairman of 
 the board of supervisors of the main county, and by the auditor of said main county, 
 and sealed with the corporate seal of said district, and the coupons hereto annexed 
 to be signed by the Qngraved or lithographed facsimile of such auditor. 
 
 Chairman. 
 Auditor. 
 
 1 
 
 (Form of Coupon.) 
 
 On the first day of , 19. . . ., 
 
 conservancy district promises to pay to bearer dollars 
 
 ($ ) lawful money of the United States of America, at the oflSce of the 
 
 treasurer of the county of ......' , California, being semiannual interest 
 
 due on that date on its conservancy bond dated ^ 19 
 
 Auditor. 
 
 Notice of enlargement of district. 
 
 5. Form of Notice of Enlargement of District. 
 State of California, "i 
 
 County of f^^ 
 
 In the ofiSce of the board of directors of county, California. 
 
 In the matter of conservancy district. 
 
 Notice of Enlargement of District. 
 To all persons (and public corporations, if any,) interested: 
 Public notice is hereby given: 
 
 1. That heretofore, on the day of , 19. . . ., the board of 
 
 supervisors of coimty, California, duly entered a final order erecting 
 
 and creating conservancy district and designating a board of 
 
 directors therefor. 
 
 2. That thereafter this board dulj' designated , and 
 
 to be the board of appraisers for said district. That said board of 
 
 appraisers on the day of , 19...., filed their report rec- 
 ommending that the following described lands, not originally included in the district, 
 be added thereto: 
 
 (Here describe generally the lands which the report of the board of appraisers rec- 
 ommends should be added to the district.)
 
 40a CONSERA ATION, Act 911 
 
 3. That on the day of , 19 .... , (or as soon 
 
 thereafter as the convenience of the board will permit), at the courthouse in , 
 
 of , California, the board of supervisors of county, 
 
 California, will hear all persons and public corporations, who are owners of or inter- 
 ested in the property described in this notice upon the question whether said lands 
 should be added to and included in said conservancy district. 
 
 >ss. 
 
 Clerk of the board of supervisors of county, California. 
 
 Hearing on appraisals. 
 
 6. Form of Notice of Hearing on Appraisals. 
 State of California, 
 
 County of 
 
 In office of the board of directors, county, California, 
 
 In the matter of conservancy district. 
 
 Notice of Hearing on Appraisals. 
 To all persons and public corporations interested: 
 Public notice is hereby given : 
 
 1. That heretofore on the day of , 19 , the board of 
 
 supervisors of countj', California, duly entered an order erecting 
 
 and creating conservancy district and designating a board of direc- 
 tors therefor. 
 
 2. That thereafter this board duly appointed the board of 
 
 appraisers for said district. That said board of appraisers on the day of 
 
 , 19. . . ., filed their appraisal of benefits and damages and of land 
 
 to be taken as follows: (Here insert general description of land appraised.) 
 
 The said appraisal of benefits and damages and of land to be taken is now on file in 
 the office of the clerk of this board. 
 
 3. All public and private corporations and all persons owners of or interested in 
 the property described in said report, whether as benefited property or as property 
 taken and damaged (whether said taken or damaged property lies within or without 
 said district), desiring to contest the appraisals as made and returned by the board of 
 appraisers must file their objections with the board of directors of the district on or 
 
 before the day of , 19...., (here insert a date ten days 
 
 after the last publication of the notice) and a hearing on said appraisal will be had on 
 
 the day of , 19 .... , (here insert a date not less than 
 
 twenty days nor more than thirty days after the date of last publication of this notice) 
 
 as fixed by the board of directors in the city of , California, at 
 
 which time an opportunity will be afforded all objectors to be heard upon their several 
 objections. 
 
 County clerk. 
 By 
 
 Clerk of the board of supervisors of county, California. 
 
 Dated at the city of , California, this day of 19 . . . 
 
 Couservation dUitrictii. — See, also, "California irrigration act" ot 191b, pust, Act 2266b.
 
 Act* 946, 947 GENERAL, LAWS. 410 
 
 CHAPTER 68. v, , 
 
 CONSPIRACY. . '^ 
 
 References: Conspiracy, In general, see Kerr's Cyc. Penal Code, §§ 182, et se<l. 
 Conspiracy, evidence of, see Kerr's Cyc. Penal Code, § 1104. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 946. Union Labor Injunctions. 
 
 947. Conspiracy Against the Person of the President and Other Otficials. 
 
 UNION LABOR INJUNCTIONS. 
 ACT 946 — An act to limit the meaning of the word "conspiracy," and also the use of 
 
 "restraining orders" and "injunctions," as applied to disputes between employerc 
 
 and employees in the state of California. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 289. 
 Combinations in trade disputes not criminal when. 
 
 ^ 1. No agreement, combination, or contract by or between two or more persons to 
 do or procure to be done, or not to do or procure not to be done, any act in contempla- 
 tion or furtherance of any trade dispute between employers and employees in the state 
 of California shall be deemed criminal, nor shall those engaged therein be indictable 
 or otherwise punishable for the crime of conspiracy, if such act committed by one 
 person would not be punishable as a crime, nor shall such agreement, combination, or 
 contract be considered as in restraint of trade or commerce, nor shall any restraining 
 order or injunction be issued with relation thereto. Nothing in this act shall exempt 
 from punishment, otherwise than as herein excepted, any persons guilty of conspiracy, 
 for which punishment is noAv provided by any act of the legislature, but such act of 
 the legislature shall, as to the agreements, combinations, and contracts hereinbefore 
 referred to, be construed as if this act were therein contained; provided, that nothing 
 in this act shall be construed to authorize force or violence, or threats thereof. 
 
 Act takes effect when. 
 
 $ 2. This act shall take effect immediately. 
 
 1. Constitutionality Special legislation— be void, as violative of the constitutional 
 
 Special privileges and immunities — If the right to acquire, possess, enjoy and protect 
 
 act is to be construed so as to prohibit the propertj'. — Goldberg, etc., Co. v. Stablemen's 
 
 court from granting preventive relief Union, 149 Cal. 429, 117 Am. St. Rep. 145, 
 
 against irreparable injury done by a labor 9 Ann. Cas. 1219, 8 L. R. A. (N. S.) 460, 86 
 
 union in the course of a trade dispute, it Pac. 806; Pierce v. Stablemen's Union, 156 
 
 would be void as special legislation (art. Cal. 70, 103 Pac. 324. 
 
 IV, § 25, subds. 3, 33, constitution), and as Boycott In labor disputes. — See Pierce v. 
 
 an attempt to grant special privileges and Stablemen's Union, 156 Cal. 70, 103 Pac. 324. 
 
 immunities to one class of citizens, not Child labor. — See tit. "Infants." 
 
 granted to all citizens. — Pierce v. Stable- Labor — See tits. "Labor Bureau," "Hours 
 
 men's Union, 156 Cal. 70, 103 Cal. 324. of labor," "Master and servant." 
 
 2. Construction of act. — The act can not Right of united labor to strils^. — See J. F. 
 be construed to prohibit the court from en- Parkinson Co. v. Building Trades Council, 
 joining the main wrongful acts committed 154 Cal. 581, 16 Ann. Cas. 1165, 21 L. R. A. 
 by the parties in a trade dispute; but if it (N. S.) 550, 98 Pac. 1027. 
 could be so construed, would, to that extent, 
 
 CRIME AGAINST THE PRESIDENT AND OTHER OFFICIALS. 
 ACT 947 — An act making a conspiracy to commit any crime against the person of, or 
 an attempt to kill or commit any assault upon, the President or Vice-President of 
 the United States, the governor of any state or territory, any United States justice 
 or judge, or the secretary of any executive department of the United States, a 
 felony; and providing a penalty therefor. 
 
 History: Approved February 28, 1903, Stats. 1903, p. 58.
 
 411 CONSTITUTIOX. Act 960, §§ 1, 2 
 
 Conspiracy to commit crime against President, etc., penalty. 
 
 $ 1. If two or more persons conspire to commit any crime against the person of the 
 President or Vice-President of the United States, the governor of any state or terri- 
 tory, any United States justice or judge, or the secretary of any of the executive 
 departments of the United States, they are guilty of felony, and upon conviction 
 thereof, shall be punished by imprisonment in the state prison not less than ten years. 
 
 Attempt to kill President. Penalty. 
 
 § 2. Every person who attempts to kill, or who commits any assault upon the Presi- 
 dent or Vice-President of the United States, the governor of any state or territory, 
 any United States justice or judge, or the secretary of any of the executive depart- 
 ments of the United States, is guilty of a felony; and upon conviction thereof, shall be 
 punished by imprisonment in the state prison not less than ten years. 
 
 Act takes effect, when. 
 
 § 3. This act shall take effect and be in force from and after its passage. 
 
 CHAPTER 69. 
 
 CONSTITUTION. 
 
 References: See tit. "Elections." 
 
 See, also, Kerr's Cyc. Political Code, tit. "Elections." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 960. Dissemination of Knowledge Concerning Proposed Constitution ai, Amend- 
 ments. 
 
 CONSTITUTIONAL AMENDMENTS. 
 ACT 960 — An act to provide for the dissemination of knowledge regarding the various 
 propositions and constitutional amendments which are to be submitted to the 
 people of the state of California and for the distribution of copies of said proposi- 
 tions and amendments to various institutions of learning throughout the state. 
 History: Approved April 27, 1911, Stats. 1911, p. 1162. 
 
 Copies of constitutional amendments to be furnished schools. 
 
 § 1. For the purpose of encouraging the study and investigation of the various 
 propositions and constitutional amendments which are hereafter submitted to the 
 people and to stimulate interest therein, and study thereof by addresses, debates and 
 general discussions throughout the various institutions of learning of the state of 
 California, the secretary of state shall, within six months after the adjournment of 
 each session of the legislature, have printed in the manner prescribed by section 1195 
 of the Political Code a suflScient number of all propositions and constitutional amend- 
 ments which are to be submitted to a vote of the people at any election thereafter, to 
 supply each institution of higher learning with twenty-five copies, and each high school 
 and grammar school with ten copies thereof and deliver the same to the superintendent 
 of public instruction. 
 
 Superintendent of public instruction to make statement to heads of schools. 
 
 § 2. The superintendent of public instruction shall immediately prepare such instruc- 
 tions to the heads of said institutions and schools, as he may deem sufficient to prop- 
 erly accomplish the object expressed in section 1 of this act, and shall forward said 
 propositions and constitutional amendments to the heads of said institutions and 
 schools together with such instructions. 
 
 Constitutional amendmentn. — As to man- — See Kerr's Cyc. Political Code, §§ 1195, ec 
 
 Aer of printitig, adveitisiiig, and subinitting-. seq.
 
 A.cta U({7-995 GENERAL LAW'S. 412 
 
 CHAPTER 70. 
 CONTRA COSTA COUNTY. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 967. Lawful Fence Law. 
 
 977. To Quiet Title to Certain Salt Marsh and Tide Lands.. 
 981. Additional Judge of Superior Court. 
 
 LAWFUL FENCES. 
 ACT 967 — An act concerning lawful fences in the county of Contra Costa. 
 
 History: Became a law by operation of the constitution. March 5, 
 1858, Stats. 1858, p. 40. Supplemented May 3, 1861, Stats. 1861, p. 277. 
 Continued in force by the code. See Kerr's Cyc. Political Code, § 19, 
 Bubdv. 23. 
 
 Pence laws In generaL — See tit. "Fences." 
 
 QUIET TITLE TO SALT MARSH AND TIDE LANDS. 
 ACT 977 — An act to quiet the title to certain salt marsh and tide lands in Contra 
 Costa county. 
 
 History: Approved March 25,' 1874, Stats. 1873-74, p. 616. 
 
 Tbla act confirmed title to salt marsh and in good faith, the consideration had been 
 tide lands, sold by the tide land commis- paid in full, and patents issued. — See, post, 
 sioners, where the purchase had been made Act 5082, notes. 
 
 ADDITIONAL SUPERIOR JUDGE. ft 
 
 ACT 981 — An act to provide one additional judge of the superior court of the county of 
 
 Contra Costa. 
 
 History: Approved June 4, 1913. In effect August 10, 1913. Stats. 
 1913, p. 449. 
 
 This act Increased tbe number of Judges from one to two. 
 
 CONTROLLER. 
 See Kerr's Cyc. Political Code, $$433, et seq. 
 
 CHAPTER 7L 
 
 CONVICTS. 
 
 References: See tits. "Pardon Board"; "Parol of Prisoners"; "Prisons." 
 See, also, Kerr's Cyc. Penal Code. tits. "Convicts"; "Prisoners." 
 Asexualization of Convicts, see Act. 346. 
 Attorney, removal or suspension for conviction of felony, see Kerr's Cyc. Code Civil 
 
 Procedure, §§ 287, 289. 
 Witness, persons convicted of crime incapable, see Kerr's Cyc. Code Civil Procedure, 
 
 § 1879. 
 
 CONTENTS OF CHAPTER. 
 
 ACT OO.*). Photographs and Marks op Identification or to Be Fuenished. 
 
 996. Expenses and Costs op Trial op Convicts. 
 
 997. Indemnity to Persons Erroneously Convicted. 
 
 PHOTOGRAPHS AND MARKS OF IDENTIFICATION. 
 ACT 995 — An act requiring the wardens of the state prisons of California to furnish 
 the sheriffs of California and the hureaus of identification with certain informa- 
 tion concerning convicts within thirty days after receiving said convicts, and pro- 
 viding for pajnnent of the expenses incurred thereby. 
 
 History: Approved March 20. 1905, Stats. 1905, p. 532. Amended 
 March 18, 1909, Stats. 1909, p. 398.
 
 413 CONVICTS. Acts 996, 997, 9 1 
 
 Description of prisoners to be furnished to whom. 
 
 § 1. The wardens of the state prisons of the state of California shall within thirty 
 days after receiving persons convicted of crime and sentenced to serve terms in the 
 respective prisons, send to the sheriffs of the state of California, to the legalized bureau 
 of identification and to the chiefs of police of all regularly constituted police depart- 
 ments, of incorporated cities and towns within said state, photographs together with 
 minute descriptions including marks of identification of all such persons and also a 
 statement of the nature of the crime for which said persons are imprisoned. [Amend- 
 ment of March 18, 1909. Stats, 1909, pu 398.] 
 
 Expenses incurred, how paid. 
 
 § 2, Any expenditures incurred in carrying out the provisions of this act shall be 
 paid for out of the appropriation made for the support of state's prisons. 
 
 Repeal of former act. 
 
 § 3. This act shall be in effect immediately and be enforced from and after its pas- 
 sage and repeals an act approved March 27, 1897, on pages 213, 214 of Statutes and 
 Amendments to the Codes of California of 1897. 
 
 EXPENSES AND COSTS OF TRIAL OF CONVICTS. 
 ACT 996 — An act concerning the payment of the expenses and costs of the trial of 
 convicts for crimes committed in the state prison, and to pay the costs of the trial 
 of escaped convicts, and to pay for the expenses of coroner inquests in said prison. 
 History: Approved April 12, 1880, Stats. 1880, p. 43. 
 
 Costs and expenses of trials of convicts for crimes committed in state prison. 
 
 § 1. The costs and expenses of all trials which have heretofore been had in the 
 county in this state where the state prison is situated, for any crime committed by any 
 convict in the state prison, and the costs of guarding and keeping such convict, and 
 the execution of the sentence of said convict by said county, and the costs and expenses 
 of all trials heretofore had for the escape of any convict from the state prison, and the 
 costs and expenses of all coroner inquests heretofore had of any convict at the state 
 prison by the county where said prison has been situated, shall be certified to by the 
 county clerk of said county wherein said trials and inquests have been held to the 
 board of state prison directors for their approval, and after such approval they shall 
 pay the same out of the money appropriated for the support of the state prison to the 
 county treasurer of said county where said trials have been had; "provided, that this 
 act shall not apply to any costs or expenses incurred since January first, eighteen 
 hundred and seventy-three." 
 
 Act applies to what cases only. 
 
 § 2. This act shall apply to cases which have not been settled for by the state. 
 
 Act takes effect when. 
 
 § 3. This act shall take effect immediately. 
 
 INDEMNITY FOR ERRONEOUS CONVICTION. 
 
 ACT 997 — An act to provide indemnity to persons erroneously convicted of felonies in 
 
 the state of California. 
 
 History: Approved May 24, 1913. In effect August 10, 1913. Stata. 
 1913, p. 245. 
 
 Claim of persons erroneously convicted. 
 
 § 1. Any person who, having been convicted of any crime against the state of Cahr 
 fornia amounting to a felony, and having been imprisoned therefor in a state prison
 
 Act997, §§2-G GENERAL LAWS. 4l4 
 
 of this state shall hereafter, on a retrial of the case, or on reversal on appeal of the 
 final judgment of conviction, be acquitted or discharged for the reason that the crime 
 with which he was charged was either not committed at all, or, if committed, was not 
 committed by him, or who shall hereafter be granted a pardon by the governor of this 
 state for either of the foregoing reasons, or who, being innocent of the crime with ' 
 which he was charged for either of the foregoing reasons, shall have served the term 
 for which he was imprisoned, may, under the conditions hereinafter provided, present |'|) 
 a claim against the state to the state board of control for the pecuniary injury sus- 
 tained by him through such erroneous conviction and imprisonment. 
 
 Presented to board of control. 
 
 ^ 2. Such claim, accompanied by a statement of the facts constituting the claim, 
 verified in the manner provided for the verification of complaints in civil actions, must 
 be presented by the claimant to the board of control within a period of six months 
 after judgment of acquittal or discharge given, or after pardon granted, or after 
 release from imprisonment, and at letist four months prior to the next meeting of the 
 legislature of this state; and no claim not so presented shall be considered by the 
 board of control. 
 
 Hearing on claim. 
 
 § 3. Upon presentation of any such claim, the board of control shall fix a time and 
 place for the hearing of the claim, and shall mail notice thereof to the claimant and to 
 the attorney-general of this state at least fifteen days prior to the time fixed for such 
 hearing. 
 
 Proof of claimant. 
 
 § 4. On such hearing the claimant shall introduce evidence in support of the claim, 
 and the attorney-general may introduce evidence in opposition thereto. The claimant 
 must prove the facts set forth in the statement constituting the claim, including the 
 fact that the crime with which he was charged was either not committed at all, or, if 
 committed, was not committed by him, the fact that he did not, by any act or omission 
 on his part, either intentionally or negligently, contribute to the bringing about of his 
 arrest or conviction for the crime with which he was charged, and the pecuniary 
 injury sustained by him through his erroneous conviction and imprisonment. 
 
 Board to report approved claim to legislature. 
 
 § 5. If the board of control shall be satisfied from the evidence that the crime with 
 which the claimant was charged was either not committed at all, or, if committed, was 
 not committed by the claimant, and that the claimant did not, by any act or omission 
 either intentionally or negligently^, contribute to the bringing about of his arrest or 
 conviction, and that the claimant has sustained pecuniary injury through his erroneous 
 conviction and imprisonment, it shall, with the sanction of the governor of this state, 
 report the facts of the case and its conclusions to the next legislature of this state, 
 with a recommendation that an appropriation be made by the legislature for the 
 purpose of indemnifying the claimant for such pecuniary injury; but the amount of 
 the appropriation, so recommended shall not exceed in any case, the sum of five 
 thousand dollars ($5,000). 
 
 Statement to controller. 
 
 § 6. The board of control shall make up its report and recommendation and shall 
 o-ive to the controller of this state a statement showing its recommendations for 
 appropriations under the provisions of this act, as provided by the law in eases of 
 other claimants against this state for which no appropriations have been made. 
 
 I
 
 415 COROXER. Act lOOS, §§ 1, U 
 
 Rules. 
 
 $ 7. The board of control is hereby authorized to make all needful rules and regu- 
 lations consistent with the law for the purpose of carrying into effect the provisions 
 of this act. 
 
 CO-OPERATIVE ASSOCIATIONS. 
 See Kerr's Cyc. Civil Code, H 653a, 653b, et seq. 
 
 CORCORAN. 
 
 See Act 3094, note 
 
 CORNING. 
 
 See Act 3094, note. 
 
 CORONA. 
 
 See Act 3094, note. 
 
 CORONADO. 
 
 See Act 3094, note. 
 
 CHAPTER 72. 
 
 CORONER. 
 
 References: See tit. "Vital Statistics." 
 
 Also, Kerr's Cyc. Political Code, tit. "Coroner." 
 
 Inquests in state prisons, see, ante, Act 996. 
 
 Justice of the peace as coroner, see Kerr's Cyc. Political Code, § 4147. 
 
 Physician and surgeon, as witness at inquest, see Kerr's Cyc. Political Code, § 1512. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1008. Assistant Coroners in Cities of 100,000 or More Inhabitants. 
 
 1009. Appointment of Autopsy Physician in Counties of the First Class. 
 
 1010. Official Eeporter in Cities op 100,000 or More Inhabitants. 
 
 ASSISTANT CORONERS IN CITIES. 
 ACT 1008 — An act to provide for furnishing assistants to the coroner of each city, or 
 city and county having one hundred thousand or more inhabitants, and providing the 
 mode in which such assistants shall be appointed and designated, and establishing the 
 compensation and prescribing the duties of such assistants. 
 
 History: Approved March 23, 1893, Stats. 1893, p. 190. 
 
 Coroner to appoint assistants. 
 
 $ 1. It shall be lawful for the coroner to every city, or city and county of this state, 
 having one hundred thousand or more inhabitants, to select and appoint five assistants. 
 Such assistants shall hold their respective offices at the pleasure of said appointing 
 power. 
 
 Classification and designation of assistants. Salaries; duty of assistants. 
 
 § 2. Such assistants shall be classified and designated as follows : First deputy 
 coroner, second deputy coroner, third deputy coroner, fourth deputy coroner, mes- 
 senger. Said deputies shall be allowed and receive salaries as follows: The salary of 
 the first deputy shall be two hundred dollars per month; the salary of the second deputy 
 shall be one hundred and fifty dollars per month; the salary of the third and fourth 
 deputies shall be one hundred and twenty-five dollars per month each; the salary of the 
 messenger shall be seventy-five dollars per month. It shall be the duty of said deputies 
 to act as deputy coroners in all matters, except as to those duties which are forbidden
 
 Acts 1000, 1010. g§ 1-3 GENERAL LAWS. 416 
 
 to be delegated. It shall be the duty of the messenger to have charge of the dead- 
 wagon, keep in order the morgue, and perform such other duties as are required by the 
 coroner or his deputies. 
 
 Salary, how paid. 
 
 ij 3. The salaries of the said assistants shall be audited and paid monthly out of the 
 general fund of the said city, or city and county. 
 
 Act takes effect when. 
 
 [$ 4.] This act shall take effect from and after its passage. 
 
 Superseded as to San Francisco. — See Coroners and deputies in cities of the first 
 
 article IV, chapter VI, § 2, charter. class. — See, post, Act 3094. 
 
 AUTOPSY PHYSICIAN IN COUNTIES OF FIRST CLASS. 
 ACT 1009 — An act providing in counties of the first class for the appointment by the 
 coroner of a competent physician for the performance of autopsies upon the bodies 
 of deceased persons when inquests are held, and fixing the compensation therefor. 
 History: Approved March 14, 1895, Stats. 1895, p. 52. 
 
 Coroner to appoint physician in counties of first class to hold autopsies. 
 
 $ 1. In counties of the first class, the coroner shall appoint a competent physician, 
 whose duties it shall be to perform autopsies upon the bodies of all deceased persons 
 when inquests are held. Such physician shall, after the performance of such autopsy, 
 certify in writing his professional opinion as to the cause of death, which certificate 
 shall be filed with said coroner. 
 
 Compensation. 
 
 ^ 2. The physician so appointed shall receive as compensation for his said services 
 the sum of twenty-four hundred dollars per annum, which shall be paid out of the 
 general fund of the county in monthly installments of two hundred dollars, at the 
 same time and in the same manner as county ofiicers are paid. 
 
 Act takes effect when. 
 
 § 3. This act shall take effect and be in force from and after its passage. 
 
 OFFICIAL REPORTER IN CITIES. 
 ACT 1010 — An act to provide an official stenographic reporter to the coroner of each 
 county, or city and county, having one hundred thousand or more inhabitants, and 
 providing the mode in which such reporter shall be appointed, and establishing 
 the compensation and prescribing the duties of such reporter. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 168. 
 
 Coroners of cities and counties of one hundred thousand to appoint stenographer. 
 
 5 1. It shall be lawful for the coroner of every county, or city and county, of this 
 state, having one hundred thousand or more inhabitants, to select and appoint an 
 official stenographic reporter, such reporter to hold office during the pleasure of the 
 coroner making the appointment. 
 
 Salary. 
 
 ^ 2. The said official reporter shall be allowed and shall receive compensation as 
 follows: One hundred and fifty dollars per month. 
 
 Duties. 
 
 $ 3. It shall be the duty of said reporter to attend all inquests held by the coroner 
 of the said county, or city and county, and report in shorthand all testimony of wit- 
 nesses, and all the proceedings of said inouests, and to transcribe the same into legible
 
 417 CORPORATIONS. Act 1010, §§ 4-7 
 
 longhand and furnish two typewritten copies thereof, and shall certify the same, and 
 file one of the copies with said coroner and the other copy with the clerk of the 
 said county, or city and county. He shall also, within a reasonable time after such 
 testimony is taken, file with the said clerk the shorthand notes taken by him at each 
 inquest. 
 
 Oath. 
 
 $ 4. The said official reporter shall, before entering upon the duties of his office, 
 take and subscribe the constitutional oath of office. 
 
 Certified report prima facie correct. 
 
 $ 5, Any report of the said official reporter duly appointed and sworn, when written 
 out in longhand writing and certified by him as being a correct transcript of the testi- 
 mony and proceedings in the case, shall be prima facie a correct statement of such 
 testimony and proceedings. 
 
 Salary, how paid. 
 
 "J 6. The salary of said reporter shall be audited and paid monthly out of the gen- 
 eral fund of the said county, or city and county. 
 
 Act takes effect when. 
 
 § 7. This act shall take effect from and after its passage. 
 
 Superseded a» to San Francisco. — Sea article lY, chapter VI, { 2, charter. 
 
 CHAPTER 73. 
 
 CORPORATIONS. 
 
 References: Banking Corporations, see tit. "Banks and Banking." 
 Benefit Societies, see tit. "Benefit Societies." 
 "Blue Sl<y Law," see tit. "Investment Companies." 
 "Cartwriglit Anti-Trust Law," see Act 5264. 
 Corporations as sureties, see tit. "Bonds," and Kerr's Cyc. Civil Code, and Kerr'a 
 
 Cyc. Code Civil Procedure, same title. 
 Corporations in general, see Kerr's Cyc. Civil Code, tit. "Corporations." 
 Corporation taxes, see Kerr's Cyc. Political Code, §§ 3664a, et seq. 
 Foreign Corporations, see Kerr's Cyc. Civil Code, tit. "Foreign Corporations." 
 Insolvent banks, see tit. "Banks and Banking." 
 Insolvent corporations, see tit. "Bankruptcy and Insolvency." 
 Investment corporations, see tit. "Investment Companies." 
 Particular corporations, see particular title. 
 Public service corporations, see tit. "Public Utilities." 
 
 Editor's Note: The legislature of 1850 passed the first act relating to corporations 
 (April 22, 1850, Stats. 1850, p. 347). From that date to March 23, 1872, two days after 
 the adoption of the Civil Code, but more than nine months prior to its taking effect, 
 something like forty separate acts were passed and approved, covering pi'actically 
 every phase of the subject, a large proportion of which were amendatory and so called 
 supplementary acts. The bulk of this mass of statutory law passed into the Civil Code 
 on its adoption, and is no longer in force in its original form. Section 288 of the Civil 
 Code expressly continues it in force as to corporations formed thereunder and in 
 existence on the going into effect of the code. Section 287 authorized existing corpo- 
 rations to continue existence under the code, and it is assumed that many took advan- 
 tage of the authority. Some did not, and their entire corporate existence and govern- 
 ment, their rights and liabilities, all rested upon the statutes now under consideration; 
 but, in view of the lapse of time, few or none of these corporations remain, or, if they 
 are still in existence, they exist by reorganization and reincorporation under code 
 provisions, and are, therefore, practically new corporations. 
 
 For this reason, all acts relating to corporations, enacted prior to January 1, 1873, 
 when the Civil Code went into effect, are treated as of no longer any force, and are 
 omitted. There are certain exceptions in particular instances, but where these occur, 
 a proper note is made of the reason for the exception. 
 
 Gen. Laws — 27
 
 Act 1021, §§ 1,2 GE)NE}RAL, LAWS. 418 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1021. Corporation License Tax Act. 
 
 1021a. Return of Corporation License Tax Erroneously Collected. 
 1022. Corporations to Lend Money on Chattels, and Limiting the Rate of Interest. 
 1033a. Issue of Shares Without Nominal or Par Value. 
 
 1033b. Issue of Shares of Stock Without Nominal or Par Value by Public Utiuty 
 Corporations. 
 
 1034. Corporations as Executors and Trustees. 
 
 1035. For the Protection of Stockholders, Etc. 
 
 1036. Requiring Corporations to Pay Employees Monthly. 
 
 1037. Payment op Wages of Mechanics and Laborers of Corporations. 
 
 1041. Foreign Corporations Act. 
 
 1042. "Industrial Loan Companies" Aot. 
 
 CORPORATION LICENSE TAX ACT. 
 *.CT 1021 — An act to repeal an act entitled "An act relating to revenue and taxation, 
 providing for a license tax upon corporations and making an appropriation for the 
 purpose of carrying out the objects of this act," approved March 20, 1905, and all 
 acts amendatory thereof or supplemental thereto, and to provide upon what con- 
 ditions any corporation which has failed to pay any license tax imposed hy the 
 provisions of any of the acts hereby repealed may pay the same and be restored 
 to its former corporate status and rights, and also, to provide for settling the 
 affairs of any corporation which by reason of failure to pay any tax imposed by 
 any of saia acts, has forfeited either its charter or right to do business in this state. 
 
 History: Approved June 10, 1913. In effect June 30, 1914. Stats. 
 1913, p. 680. Prior act repealed by present act, approved March 20, 
 1905, Stats. 1905, p. 493; amended June 13, 1906, Stats. 1906 (ex. sess.), 
 p. 22; March 19, 1907, Stats. 1907, p. 664; March 20, 1907, Stats. 1907, 
 p. 745; March 19, 1909, Stats. 1909, p. 458; April 24, 1911, Stats. 1911, 
 p. 1094; May 30, 1913. In effect August 10, 1913. Stats. 1913, p. 513. 
 
 Corporations' license tax of 1905 repealed. 
 
 § 1. An act entitled "An act relating to revenue and taxation providing for a license 
 tax upon corporations and making an appropriation for the purpose of carrying out 
 the objects of this act," approved March 20, 1905, and also all acts amendatory thereof 
 or supplemental thereto, are hereby repealed; provided, however, that this act shall 
 not be construed to affect the status of any corporation which has before the taking 
 effect of this act, by reason of failure to pay any tax in aecoi'dance with the terms of 
 any of the acts hereby repealed, forfeited either its charter or right to do business in 
 this state. Nor shall this act be construed to relieve any corporation or joerson from 
 any penalty or penal provision of any of the acts hereby repealed except as herein 
 provided. 
 
 Relief from forfeiture on account of failure to pay tax. 
 
 § 2, Any corporation which has failed to pay the license tax required by the pro- 
 visions of any of the acts hereby repealed, may pay to the secretary of state all taxes 
 and penalties prescibed by either of said acts and the license tax and penalties that 
 would have accrued if such corporation had not forfeited its charter or right to do 
 business in this state, and any such corporation making such payments shall thereupon 
 be relieved from the forfeiture prescribed in any of the acts hereby repealed and 
 restored to its former corporate rights and status and the secretary of state shall 
 annually in the month of December transmit to the county clerk of each county a 
 list of the corporations so paying, which list shall be bj'^ said county clerk filed in his 
 office; provided, the rehabilitation of any such corporation by reason of making such 
 paj'ments shall be without prejudice to any action, defense, or right which accrued by 
 reason of the original forfeiture.
 
 419 
 
 CORPORATIONS. 
 
 Act 1021, §§ 3, 4 
 
 Powers of directors continued. Execution may issue on judgment. 
 
 § 3. The powers conferred by the provisions of section 10a of the act hereby 
 repealed (as amended March 20, 1907) upon the directors or managers of any such cor- 
 poration in office at the time of any such forfeiture are hereby continued in force and 
 said trustees or managers shall notwithstanding the taking effect of this act have full 
 power as trustees to settle the affairs of any such corporation and to maintain or 
 defend any action or proceeding then pending in behalf of or against any such coi-pora- 
 tioa or to take such legal proceedings as may be necessary to fully settle its affairs 
 and such directors or managers as such trustees may be sued in any of the courts of 
 this state by any person having a claim against any such corporation; provided, 
 always, that no action pending against any such corporation shall abate thereby but 
 may be brought to final judgment and may be enforced by execution and to the same 
 force and effect and in like manner as though no forfeiture has occurred; and pro- 
 vided, further, that where judgment has been entered against any corporation prior to 
 forfeiture under the provisions of any of the acts hereby repealed notwithstanding 
 such forfeiture execution may be issued on any such judgment, and the property of 
 such corporation or which may come into the hands of any trustees for it, may be 
 levied upon, seized and sold to satisfy such judgment with like force and effect as 
 though such forfeiture had not occurred. 
 
 In effect. 
 
 § 4. This act shall take effect and be in force June 30, 1914, at 12 o 'clock m. 
 
 2,3. 
 
 4. 
 5. 
 6. 
 7. 
 MO. 
 11. 
 
 12. 
 
 b 
 
 I. Constitutionality. 
 
 II. Construction. 
 
 III. Forfeit URE of Corporate Franchise. 
 
 IV. Effect of Forfeiture. 
 V. Miscellaneous. 
 
 I. CONSTITUTIONALITY. 
 1. Failure of title to express the sub- 
 ject. 
 
 Exercise of judicial functions by ex- 
 ecutive officer. 
 
 Due process of law. 
 
 Uniformity of operation. 
 
 Power to impose privilege tax. 
 
 Double taxation. 
 
 Unconstitutionality declared. 
 
 Kule of Ei parte Young, 209 TJ. S. 
 123. 
 
 6ame — Constitutionality depending 
 upon complicated and technical in- 
 vestigation. 
 
 Foreign corporations. 
 
 Domestic corporations. 
 
 II. CONSTRUCTION. 
 
 Nature of tax. 
 
 Same — License tax on privilege of 
 existing and doing business. 
 
 Liability for tax — The sole test. 
 
 Act of 1905 superseded. 
 
 Same — Exemption of telephone com- 
 pany. 
 
 Corporations exempt from license tax. 
 
 FORFEITURE OF CORPORATE 
 
 FRANCHISE. 
 Failure to pay tax operates ipso 
 
 facto as forfeiture of charter. 
 When penalty attaches. 
 Same — Governor's proclamation of 
 delinquency. 
 31. Same — Report to governor by secre- 
 tary uf blute. 
 
 13 
 
 • 16a, 
 
 
 16b. 
 
 17, 
 
 ,18. 
 
 19- 
 
 •21. 
 
 22, 
 
 23. 
 
 
 24. 
 
 
 25. 
 
 
 25a. 
 
 
 III. 
 
 26 
 
 -28. 
 
 
 29. 
 
 
 30. 
 
 32. Enforcement of forfeiture — Defense 
 33, 34. Evidence of forfeiture. 
 
 IV. EFFECT OF FORFEITURE. 
 84a. Loss of legal entity. 
 35. Suit and judgment against corpora- 
 tion whose charter has been foi 
 
 feited. 
 Right to defend action after foi 
 
 feiture of charter. 
 Abatement of action — Effect ot 
 
 amendment. 
 "Doing business" after forfeiture or 
 
 charter. 
 Substitution of directors as trusteck. 
 Title to property. 
 Appeal by corporation after fo.f 
 
 feiture of charter. 
 Averment of incapacity. 
 Right to substitute trustees as pa>t'.e^ 
 
 plaintiff. 
 Sale of corporate property — I>is«jie- 
 
 tion of trustees. 
 Application by trustees of coipomto 
 
 funds to personal claims. 
 Pending litigation prosecuted to find 
 
 judgment. 
 
 V. MISCELLANEOUS. 
 Intervention by stockholder. 
 46a. Estoppel against stockholder. 
 46b. Same. 
 
 Same — Answer of directors does not 
 
 estop. 
 Jurisdiction of bankruptcy court not 
 
 afl'ccted by forfeiture. 
 Foreign corporation — Forfeiture of 
 
 right to do business. 
 Section 400, Civil Code, as amended 
 
 by act of 1905, p. 563. 
 Personal liability of secretary of 
 state. 
 
 36. 
 
 36a. 
 
 37. 
 
 38. 
 39. 
 40. 
 
 41. 
 42, 42a. 
 
 43. 
 
 44. 
 
 45. 
 
 46. 
 
 47. 
 
 48. 
 
 49. 
 50. 
 
 51.
 
 Act 1021 
 
 GENERAL LAWS. 
 
 420 
 
 1. Fallare of title to expresn its subject. 
 
 The act ia not invalid on the ground of the 
 failure of its title to express the subject of 
 the act. — Kaiser, etc.. Co. v. Curry, 155 Cal. 
 638. 10.3 Pac. 341. 
 
 2. Exerolde of judicial fuuctioiiH by ex- 
 ecutive olHoer. — The act is not in violation 
 of section 1, article III, of the constitution, 
 providing that no person charged with the 
 exercise of powers belonging to one of the 
 three departments of the state government, 
 legislative, judicial, and executive, shall ex- 
 ercise any of the functions appertaining to 
 either of the others, except in the consti- 
 tution provided. — Kaiser, etc., Co. v. Curry, 
 155 Cal. 638, 103 Pac. 341. 
 
 3. The act does not impose upon the 
 secretary of state any judicial power. — 
 Kaiser, etc., Co. v. Curry, 155 Cal. 638, 108 
 Pac. 341. 
 
 4. Due process of law. — The act Is not 
 unconstitutional as in violation of the due 
 process provisions of the federal and state 
 constitution. — Kaiser, etc., Co. v. Curry, 155 
 Cal. 638, 103 Pac. 341. 
 
 5. Uniformity of operation. — The act is 
 not in violation of section 11 of article I of 
 the constitution, requiring all legislative 
 acts to operate uniformly. — Kaiser, etc., Co. 
 V. Curry, 155 Cal. 638, 103 Pac. 341. 
 
 6. Po^ver to impose privilege tax. — Under 
 its reserve power the legislature is author- 
 ized to change the conditions upon which 
 the privilege of being and acting as a cor- 
 poration shall continue to exist, and every 
 corporation accepts its charter subject to 
 the exercise of this power. — Kaiser, etc., Co. 
 V. Curry, 155 Cal. 638, 103 Pac. 341. 
 
 7. Double taxation. — The imposition of 
 the state corporation license-tax is not 
 double taxation. — Lewis v. Curry, 156 Cal. 
 9S. 103 Pac. 493. 
 
 H. Unconstitutionality declared. — In con- 
 formity with the decisions of the supreme 
 court of the United States in Baltic, etc., 
 Co. V. Massachusetts and "White, etc., Co. 
 V. Massachusetts, it is held that the prepay- 
 ment by a foreign corporation, engaged in 
 both interstate and intras-tate business In 
 California, of the license tax prescribed by 
 section 2 of the act of 1905, is exacted as 
 a privilege or occupation tax exclusively 
 upon the right to do domestic business; that 
 it is an excise tax and not a property tax; 
 that it is not based on, but measured by, 
 the capital stock of the corporation; and 
 that It is practicable to segregate the Inter- 
 state and intrastate business of such a cor- 
 poration; and that, therefore, for these rea- 
 sons, such corporation Is required to pay 
 said license tax or fee. — Albert Pick & Co. 
 V. Jordan, 169 Cal. 1, 2. Ann. Cas. 1916C, 
 1237, 145 Pac. 506. 
 
 9. Mulford Co. v. Curry, 163 Cal. 276, 
 125 Pac. 236, holding the act of 1905 uncon- 
 stitutional, because imposing a direct bur- 
 den upon Interstate commerce, and an 
 illegal tax upon property outside the state, 
 declared to be no longer regarded as an 
 authority In view of Baltic Min. Co. v. 
 Massachusetts, and White Dental Mfg. Co. 
 V. Massachusetts, 231 U. S. fi, 5V JU ed. 127. 
 
 34 Sup. Ct. 15, In which such exactions were 
 declared to be valid. — Albert Pick & Co. v. 
 Jordan, 169 Cal. 1. Ann. Cas. 1916C, 1237. 
 145 Pac. 506. 
 
 10. The conclusion of the court as to the 
 unconstitutionality of the act is based upon 
 the decisions of the supreme court of the 
 United States in "Western Union, etc., Co. 
 V. Kansas. 216 U. S. 1, 54 L. ed. 355, 30 
 Sup. Ct. 190; Pullman Co. v. Kansas, 216 
 U. S. 56. 54 L. ed. 378, 30 Sup. Ct. 232; and 
 Ludwig V. "Western Union, etc., Co., 216 U. S. 
 146, 54 L. ed. 423, 30 Sup. Ct. 280.— H. K. 
 Mulford Co. V. Curry, 163 Cal. 276. 281, 125 
 Pac. 236. 
 
 11. Rule of Kx parte Yonngr, 209 V. S. 12:<, 
 52 L. ed. 714, 28 Sup. Ct. 441, 14 Ann. Cas. 
 764, 13 L. R. A. (N. S.) 932. — The act is not 
 unconstitutional on the ground stated in 
 Ex parte Young, 209 U. S. 123, 52 L. ed. 714, 
 28 Sup. Ct. 441. 14 Ann. Cas. 764, 13 L. R. A. 
 (N. S.) 932. — Kaiser, etc., Co. v. Curry, 155 
 Cal. 638, 103 Pac. 341. 
 
 12. Same — Constitutionality depending 
 upon complicated and technical investlg;a- 
 tion. — Where the validity of a legislative 
 act depends upon a complicated and techni- 
 cal investigation, and at the same time im- 
 poses such severe penalties as to Intimidate 
 parties from resorting to the courts to test 
 such validity, It is a practical denial of 
 the equal protection of the law, and is un- 
 constitutional. — Ex parte Young, 209 U. S. 
 123, 52 L. ed. 714, 28 Sup. Ct. 441, 14 Ann. 
 Cas. 764. 13 L. R. A. (N. S.) 932. 
 
 13. Foreign corporations. — The act of 
 1905, commonly known as the corporation 
 tax law, is, so far as foreign corporations 
 are concerned, imposes a direct burden upon 
 interstate commerce, as Is unconstitutional 
 as in violation of the commerce clause of 
 the constitution of the United States. — H. K. 
 Mulford Co. v. Curry, 163 Cal. 276, 281, 125 
 Pac. 236. 
 
 14. The conditions prescribed by the act 
 as to foreign corporations are absolutely 
 the same as to domestic corporations, and 
 It is not obnoxious to section 15, article 
 XII of the constitution as Imposing more 
 favorable conditions upon foreign corpora- 
 tions than upon domestic corporations. — 
 Kaiser, etc., Co. v. Curry, 155 Cal. 638, 103 
 Pac. 341. 
 
 15. The act Is nnconstltntlonal as to for- 
 eign corporations although doing exclu- 
 sively a domestic business. — H. K. Mulford 
 Co. v. Curry. 163 Cal. 276, 286, 125 Pac. 236. 
 
 16. As to foreign corporations the charge 
 is not a tax on property, but Is a charge 
 Imposed as a condition of the state's con- 
 sent, without which such corporation can 
 not come into the state and do business. — 
 Kaiser, etc., Co. v. Curry, 155 Cal. 638, 103 
 Pac. 341. 
 
 16a. The license fee provided for in the 
 act Is a tax. where it Imposes a burden 
 upon Interstate business. — H. K. Mulford 
 Co. v. Curry, 163 Cal. 276, 286, 125 Pac. 236. 
 
 16b. — Domestic corporations. — The act is 
 also unconstitutional as to domestic cor- 
 porations engaged in Interstate business 
 and having property without the state. —
 
 421 
 
 CORPORATIONS. 
 
 Act 1021 
 
 H. K. Mulford Co. v. Curry, 163 Cal. 276, 
 
 286, 125 Pac. 236. 
 
 II. CONSTRUCTION. 
 
 17. Nature of tax. — The tax imposed by 
 this act is substantially the purchase price 
 which the state sees fit to charge for the 
 continuance of the privilege of being and 
 acting as a corporation. — Kaiser, etc., Co. 
 V. Curry, 155 Cal. 6.''8, 103 Pac. 341. 
 
 IS. Under our law, there is no difference 
 in principle between the fee required to be 
 paid to the state "as a condition or for the 
 privilege of being a corporation" and the 
 annual charge required by the act or an 
 excise for the privilege of continuing cor- 
 porate existence, and so far as such charge 
 is a tax at all, it is a mere privilege or 
 license tax, in other words, the mere pur- 
 chase price of the privilege. — Kaiser, etc., 
 Co. V. Curry, 155 Cal. 638, 103 Pac. 341. 
 
 19. Same — License tax on priTilege of 
 existing and doing: business as a corpora- 
 tion, not a tax on "property" within the 
 meaning of section 1, article XIII of the 
 constitution. — Kaiser, etc., Co. v. Curry, 
 155 Cal. 638, 103 Pac. 341. 
 
 20. The tax Is a condition imposed upon 
 foreign corporations of the exercise of the 
 privilege of doing business in the state. — 
 Kaiser, etc., Co. v. Curry, 155 Cal. 638, 103 
 Pac. 341. 
 
 21. The charge is imposed not alone for 
 the doing of business, but as a condition 
 for the corporate privilege and authority 
 to do business. — Kaiser, etc., Co. v. Curry, 
 
 155 Cal. 638, 103 Pac. 341; Lewis v. Curry, 
 
 156 Cal. 93-99, 103 Pac. 493. 
 
 22. Liiability for tax. — The sole test is 
 the existence or non-existence of the cor- 
 poration. — Kaiser, etc., Co. v. Curry, 155 
 Cal. 638, 103 Pac. 341. 
 
 23. It was the intention of the legislature 
 that every corporation, domestic and for- 
 eign, a certified copy of whose articles of 
 incorporation was on file with the secretary 
 of state, should pay the license tax, the 
 secretary of state not being required to 
 make an investigation as to what corpora- 
 tions were actually transacting business in 
 the state. — Kaiser, etc., Co. v. Curry, 165 
 Cal. 638, 103 Pac. 341; Lewis v. Curry, 156 
 Cal. 93, 96, 97, 103 Pac. 493. 
 
 24. Act of 1005 superseded. — Section 14, 
 of article XIII, of the constitution, in effect, 
 superseded the license tax act of 1905. — 
 Hartford, etc., Co. v. Jordan, 108 Cal. 270, 
 
 287, 142 Pac. 839. 
 
 25. Same — E^xemption of telephone com- 
 pany. — The effect of section 14, article XIII, 
 of the constitution, was to exempt a tele- 
 phone company from liability for a license 
 imposed for revenue only by an ordinance 
 In effect at the time of the adoption of 
 that section, and such exemption, begin- 
 ning from the day of its adoption, covered 
 ;he first two quarters of the year 1911. — 
 City and County of San Francisco v. Pa- 
 cific, etc., Co., 166 Cal. 244, 251, 135 Pac. 
 971. 
 
 25a. Corporations exempt from license 
 tax. — See Transcontinental, etc., Co. v. Ney- 
 'an, 34 Cal. App. 379, 167 Pac. 541. 
 
 See, also, act of April 1, 1911, Stats. 1911, 
 p. 530, amended February 3. 1913, Stats. 
 1913, p. 3; June 12, 1913, Stats. 1913, p. 615; 
 January 28, 1915, Stats. 1915, p. 3, which 
 was again amended and revised by a sub- 
 stitute act adding certain sections to the 
 Political Code, for which see Kerr's Cyc. 
 Political Code, §§ 3664a, et seq. 
 
 III. FORFEITURE OF CORPORATE 
 FRANCHISE. 
 
 2G. Failure to pay tax operates ipso 
 facto as forfeiture of charter. — Under the 
 act, failure to pay the license tax operates 
 ipso facto as a forfeiture of the charter 
 on November 30, of each year, at 4 o'clock 
 p. m. — Kaiser, etc., Co. v. Curry, 55 Cal 
 638, 103 Pac. 341. 
 
 27. The forfeiture provided for by the 
 act of 1905, for failure to pay the license 
 tax therein prescribed is self-acting and 
 operating and no judicial determination or 
 decree is required. — Newhall v. Western 
 Zinc Min. Co., 164 Cal. 380, 382, 128 Pac. 
 1040. 
 
 2S. The provisions of the amendments 
 of June 13, 1906 (Stats. 1906, p. 22), and 
 March 20, 1907 (Stats. 1907, p. 746), re- 
 ferring to the amounts due and unpaid for 
 the years 1905-6 and 1906-7 can be reason- 
 ably construed only as designed to relieve 
 corporations that had failed to pay those 
 charges from the effect of a forfeiture that 
 had already occurred upon condition of 
 their payment, and are not void as in vio- 
 lation of section 7, article XII, of the 
 constitution. — Kaiser, etc., Co. v. Curry, 155 
 Cal. 638, 103 Pac. 341. 
 
 29. When penalty attaches. — Penalty for 
 delinquency does not attach until the list 
 is turned over to the governor and he has 
 issued his proclamation thereon, although 
 the corporation which fails to pay the tax 
 by the first Monday of August in each 
 year, becomes delinquent. — Ukiah Guaranty 
 Co. V. Curry, 148 Cal. 256, 82 Pac. 1048. 
 
 30. Same — Governor's proclamation of 
 delinquency need not designate specifically 
 the class to which a named corporation be- 
 longs, whether domestic or foreign. — Lewis 
 V. Curry, 156 Cal. 93, 103 Pac. 493. 
 
 31. Same — Report to tlie governor by the 
 secretary of state is practically a notice of 
 delinquency, and of the forfeiture that will 
 occur upon failure to pay the charge im- 
 posed during the days of grace prescribed 
 by the act. — Kaiser, etc., Co. v. Curry, 156 
 Cal. 638, 103 Pac. 341. 
 
 32. Enforcement of forfeiture — Defen;ie. 
 — Where it is sought to enforce the forfei- 
 ture against a corporation, such corporation 
 has ample opportunity to defend on the 
 ground that it is exempt, or that it has paid 
 the tax, or that the act is objectionable as 
 a whole, or as to itself, and if the objection 
 is sustained, there will result, of course, 
 that it has suffered no forfeiture. — Kaiser 
 etc.. Co. V. Curry, 155 Cal. 638, 103 Pac. 341. 
 
 33. F.vidence of forfeiture. — While the 
 certificate of the secretary of state will 
 suffice to prove prima facie that a corpora- 
 tion has not paid its corporation license
 
 Act 1021 
 
 GENERAL LAAVS. 
 
 '22 
 
 tax, such certificate can not be accepted as 
 proof of the fact of forfeiture. — Kehrlein- 
 Swinerton, etc., Co. v. Rapken, 30 Cal. App. 
 11, 156 Pac. 972. 
 
 • 34. The governor's proclamation declar- 
 ing such forfeiture, or a certified copy 
 tliereof, is the only competent proof of the 
 forfeiture of a corporate charter for failure 
 to pay the corporation license tax. — Kehr- 
 lein-Swinerton, etc., Co. v. Rapken, 30 Cal. 
 App. 11, 156 Pac. 972. 
 
 IV. EFFECT OF FORFEITURE. 
 S4a. Loss of legal entity. — The effect of 
 the forfeiture of a corporate charter from 
 failure to pay the license tax, or from what- 
 ever cause, is to terminate the existence of 
 the corporation as a legal entity, except as 
 it is otherwise provided by statute. — Slay- 
 den V. O'Dea, 29 Cal. App. Dec. 267. 
 
 35. Suit and judg-ment again.st corpora- 
 tion whose charter has been forfeited. — A 
 California corporation whose franchise and 
 charter has been forfeited under the act of 
 1905 for failure to pay the license tax pre- 
 scribed therein, ceases to have a corporate 
 existence, can not be sued, and a judgment 
 obtained against it is void, and may be im- 
 peached by an intervening stockholder for 
 the purpose of expunging it from the rec- 
 ords. — Newhall v. Western Zinc Min. Co., 
 164 Cal. 380, 382, 128 Pac. 1040. 
 
 36. Right to defend action after forfei- 
 ture of charter. — Under section 10a, added 
 by the amendment of 1906 (Stats. 1906, ex. 
 sess., p. 22), a corporation defendant, whose 
 charter had been forfeited after the com- 
 mencement of the action, might have the 
 action maintained either in its own name or 
 in tlie names of its trustees. — Lowe v. Su- 
 perior Court, 165 Cal. 709, 714. 134 Pac. 190. 
 Cited with approval in Brandon v. Umpqua, 
 etc., Co., 166 Cal. 322, 136 Pac. 62. 
 
 36a. Abatement of action — Effect of 
 amendment. — Since the enactment of the 
 amendment of 1907 (745) to section 10a of 
 the corporation license act, an action pend- 
 ing against a corporation does not abate 
 by forfeiture pendente lite of the corporate 
 franchise by its failure to pay its license 
 tax. — Brandon v. Umpqua, etc., Co., 166 Cal. 
 322, 323. 
 
 37. "Doing bu.siness" after forfeiture of 
 charter. — The institution and maintenance 
 of an action is embraced within the inhibi- 
 tion of the statute with respect to doing 
 business in the state after forfeiture of the 
 corporate charter. — Crossman v. Vivienda, 
 etc., Co., 150 Cal. 575, 89 Pac. 335; Kaiser, 
 etc., Co. V. Curry, 155 Cal. 638, 103 Pac. 341; 
 Newhall v. Western, etc.. Co., 164 Cal. 380, 
 128 Pac. 1040; Carpenter v. Bradford, 23 Cal. 
 App. 560, 138 Pac. 946; Kehrlein-Swinerton, 
 etc., Co. V. Rapken, 30 Cal. App. 11, 156 
 Pac. 972. 
 
 38. Substitution of directors as trustees 
 in place of a corporation, was a proper ex- 
 ercise of the discretion of the court, upon 
 a showing that the corporation had suffered 
 forfeiture of its charter by reason of its 
 failure to pay its corporation license tax. — 
 Reed & Co. v. Harshall. 12 Cal. App. 697, 108 
 Pac. 719. 
 
 39. Title to property, after forfeiture, 
 does not vest in the trustees provided by 
 the act any title to the property of the cor- 
 poration, but such trustees get no more 
 than the act gives them, merely a power 
 over it for the purpose of settling the cor- 
 porate affairs. — Rossi v. Caire, 174 Cal. 74, 
 161 Pac. 1161. 
 
 40. Appeal by corporation after forfei- 
 ture of charter may be taken in its own 
 name, notwithstanding such forfeiture. — 166 
 Cal. 322, 136 Pac. 62. 
 
 41. Averment of incapacity to maintain 
 an action by reason of forfeiture of charter 
 by failure to pay corporation license tax, in 
 the absence of special demurrer, sufficiently 
 puts in issue such incapacity. — Kehrlein- 
 Swinerton, etc.. Co. V. Rapken. 30 Cal. App. 
 11, 156 Pac. 972. 
 
 42. Right to substitute trustees as par- 
 ties plaintiif in place of the corporation 
 which has forfeited its charter for non- 
 payment of license tax should be ordered, at 
 any time, upon suggestion of the fact on the 
 part of plaintiffs, where it clearly appears 
 that the cause of action is unchanged, that 
 the real parties in interest are the same, 
 that the meritorious defenses of defendant 
 are unaffected, and that a mere formal 
 change in the names of the parties plain- 
 tiff without change in substantial rights 
 and relations of the real actors in the case, 
 and it is an abuse of discretion to refuse to 
 allow such change even though the forfei- 
 ture may have occurred prior to the bring- 
 ing of the action. — Kehrlein-Swinerton. etc., 
 Co. V. Rapken, 30 Cal. App. 11, 156 Pac. 972. 
 
 42a. After a corporation has forfeited its 
 charter under the act of 1905 for non-pay- 
 ment of the license tax prescribed therein, 
 the directors have no power to act for the 
 corporation in suits by or against it, but 
 are authorized to act merely as trustees. — 
 Newhall V. Western Zinc Min. Co., 164 Cal. 
 380. 383, 128 Pac. 1040. 
 
 43. Sale of corporate property — Discre- 
 tion of trustees. — The purpose of the law 
 was to vest the trustees with a discretion 
 as to the sale of the corporate property, 
 which could not be controlled by a court of 
 equity except in case of abuse. — Rossi v. 
 Caire, 174 Cal. 74, 161 Pac. 1161. 
 
 44. Application l)y tru.stees of corporate 
 funds to personal claims. — Where it appear? 
 that the directors of a corporation wliose 
 charter has been forfeited for failure to 
 pay the license tax are using their power 
 and authority for the purpose of benefiting 
 themselves at the expense of the stockhold- 
 ers and creditors, and where relief has been 
 sought unsuccessfully in the only tribunal 
 that could defeat such a preference, and the 
 corporation is insolvent, the creditors have 
 such an interest as entitle them to the in- 
 terposition of a court of equity. — Hanson v. 
 Choynski, 180 Cal. 275. 180 Pac. 816. 
 
 45. Pending litigation prosecuted to final 
 Judgment. — Section 10a of the corporation 
 license tax act (Crossman act), added 
 .Tune 13, 1906, pending litigation does not 
 abate by forfeiture of corporate franchise 
 for non-payment of the tax, and the section
 
 423 
 
 CORPORATIONS. 
 
 Act 1021a. § 1 
 
 should be construed as providins that such 
 litigation may be continued and prosecuted 
 to final* judgment in the corporate name, 
 and while the directors as trustees may be 
 substituted as parties defendant, such sub- 
 stitution is not required. — Lowe v. Superior 
 Court, 165 Cal. 708, 714, 134 Pac. 190. 
 
 V. MISCELLANEOUS. 
 46. Intervention by stockholder. — In an 
 
 intervention by a stockholder for the pur- 
 pose of expunging from the records a void 
 judgment- obtained in an action against a 
 corporation after the forfeiture of its char- 
 ter and franchise because of non-payment 
 of the annual license tax prescribed by the 
 act of 1905, the intervener need not show 
 that he was a stockholder when the liabil- 
 ity on which the judgment was obtained 
 was incurred, nor that an execution had 
 been returned unsatisfied, nor that the cor- 
 poration had acquired any assets since the 
 judgment was rendered. — Newhall v. West- 
 ern Zinc Min. Co., 164 Cal. 380, 383, 128 
 Pac. 1040. 
 
 46a. Kstoppel agrainst stockholder. — 
 While a judgment against a defunct cor- 
 poration is void, and can be impeached, 
 and its invalidity shown by any interested 
 person, in a proper proceeding, estoppel 
 may bar the way of a successful assault 
 upon it. — Slayden v. O'Dea, 29 Cal. App. 
 Dec. 267. 
 
 46b. Same — The stockholder of a cor- 
 poration is estopped from moving in the ap- 
 pellate court, on behalf of the corporation, 
 for the modification of a judgment against 
 it based upon the theory that the corpora- 
 tion was not an existing entity at the time 
 the action was commenced, where the stock- 
 holder was a defendant in the action, and 
 knowingly concealed from the plaintiff all 
 
 knowledge that the corporation had suf- 
 fered dissolution. — Slayden v. O'Dea, 29 Cal. 
 App. Dec. 267, 189 Pac. 1062. 
 
 47. Same — AnsTver of directors doe.s not 
 estop. — The stockholder intervening for the 
 purpose of annulling a judgment obtained 
 against a corporation after the forfeiture 
 of its charter for non-payment of the li- 
 cense tax, is not estopped by an answer filed 
 by one of its directors admitting the cor- 
 porate existence of the corporation. — New- 
 hall V. Western Zinc Min. Co., 164 Cal. 3S0. 
 383, 128 Pac. 1040. 
 
 4S. Jurisdiction of bankruptcy court not 
 affected by forfeiture. — Forfeiture of fran- 
 chise for non-payment of license tax does 
 not deprive the bankruptcy court of juris- 
 diction to administer the estate of a bank- 
 rupt corporation. — In re Double Star Brick 
 Co., 210 Fed. 980. 
 
 49. Foreign corporation. — Forfeiture of 
 rigrht to do business by failure to pay the 
 corporation license tax, renders a foreign 
 corporation an improper party to an action 
 to compel it to reissue its stock, and if 
 such an action can be maintained at all, it 
 must be against the trustees. — Carpenter v. 
 Bradford, 23 Cal. App. 560, 138 Pac. 946. 
 
 50. Section 400, Civil Code, as amended 
 by act of 1905, p. 563, was intended to apply 
 to corporations dissolved for non-payment 
 of the license tax. — Hanson v. Choynski, 180 
 Cal. 275, 180 Pac. 816. 
 
 51. Personal liability of secretary of 
 state. — The secretary of state is not per- 
 sonally liable for moneys paid to him in his 
 official capacity, under protest, as corporate 
 license taxes under Stats. 1905, p. 493, after 
 he has paid over the same to the state 
 treasurer as required by law. — Hartford, 
 etc., Co. v. Jordan, 168 Cal. 270, 272. 142 
 Pac. 839. 
 
 REPAYMENT OF CORPORATION LICENSE TAX ERRONEOUSLY COLLECTED. 
 
 ACT 1021a — An act to appropriate money to pay the claims of corporations, arising 
 from exemptions under the provisions of section fourteen of article XIII of the con- 
 stitution, for the return of corporation license tax erroneously collected. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 475. 
 
 Appropriation: return of corporation license taxes erroneously collected. 
 
 $ 1. The sum of two hundred thirty thousand dollars is hereby appropriated out 
 of any money in the state treasury not otherwise appropriated to pay the claims of 
 corporations, arising from exemptions under the provisions of section fourteen of 
 article XIII of the constitution, for the return of corporation license tax erroneously 
 collected. 
 
 Paper corporation. — A corporation not ren- 
 dering a public service, though organized 
 as such, is not a public service corporation 
 within the meaning of section 14, article 
 XIII, of the constitution, and Is not there- 
 
 fore entitled to the benefit of this act. or to 
 have its corporation license tax refunded. 
 — Transcontinental, etc., Co. v. Neylan, 34 
 Cal. App. 379, 167 I'ac. 541.
 
 Acts 1022, I033n, g§ 1, 2 GENERAL LAWS. 424 
 
 CORPORATIONS TO LEND MONEY ON CHATTELS. 
 ACT 1022 — An act to provide for the incorporation of associations for lending" money 
 on personal property, and regulating the same, and to forbid certain loans of 
 money, property or credit. 
 
 History: Approved March 21, 1905, Stats. 1905, p. 711. 
 
 rnconNtitutlonal, as an improper discrlm- post, Act 2200, approved March 20, 1905, 
 
 ination in fixing a minimum loan under its Stats. 1905, p. 422, declared unconstitutional 
 
 provisions, and establishing a classification in In re Sohncke, 148 Cal. 262, 113 Am. St. 
 
 based solely upon the amount of the loan. — . Rep. 236, 7 Ann. Cas. 475, 2 L. R A. (N. S.) 
 
 Ex parte Sohncke, 148 Cal. 262, 113 Am. St. 813, 82 Pac. 956. 
 
 Rep. 236, 7 Ann. Cas, 475, '2 L. R. A, (N. S.) Pawnbrokers, — See tit. "Pawnbrokers." 
 
 813, 82 Pac. 956. Usury law, — See tit. "Usury Law." 
 
 Interest on chattel niortsag:e loans. — See, 
 
 ISSUE OF SHARES WITHOUT NOMINAL OR PAR VALUE. 
 ACT 1033a — An act relating to corporations and to the issue of shares by them with- 
 out a nominal or par value. 
 
 History: Approved May 29, 1917. In effect July 28, 1917. Stats. 
 1917. p, 1321, 
 
 Issuance of shares without nominal or par value. 
 
 § 1. Any corporation having a capital stock may provide in its articles of incor- 
 poration for the issuance of the shares of stock of such corporation, other than pre- 
 ferred stock having a preference as to principal, without any nominal or par value by 
 stating in such articles : 
 
 (1) The number of shares that may be issued by the corporation and, if any of said 
 shares be preferred stock, the amount of each class having a preference and the par- 
 ticular character of such preferences, and if such preferred stock or any part thei'eof 
 shall have a preference as to principal, the par value of each share thereof, which 
 shall be one dollar or some multiple thereof not exceeding one hundred dollars. 
 
 (2) The amount of capital with which the corijoration will carry on business, which 
 amount, if any portion of the shares shall be preferred stock having a preference as to 
 principal, shall be a sum equal to the product obtained by multiplying the par value 
 of such preferred shares by the whole number of shares that may be issued by the cor- 
 poration, but which otherwise shall be equal to the product obtained by multiplying one 
 dollar, or some multiple thereof not exceeding one hundred dollars, by the whole 
 number of shares that may be issued b}' the corporation. 
 
 Equal to other shares. 
 
 Such statements in the articles shall be in lieu of any statements prescribed bv 
 section two hundred ninety of the Civil Code of the state of California as to the 
 amount of its capital stock, the number of shai-es into which it is divided and the par 
 value thereof. No distinction shall exist between any shares or classes of shares 
 either as to voting power or as to the statutory or constitutional liability of the holders 
 thereof to the creditors of the corporation, and each share of stock without nominal 
 or par value shall be equal in every other respect to every other share authorized to 
 be issued, subject only to the preferences granted to the preferred stock, if any, as 
 stated in such articles. Certificates for shares without nominal or par value shall not 
 have printed or otherwise expressed thereon any nominal or par value of such shares. 
 Such corporation may issue and may sell its authorized shares from time to time for 
 such consideration as may be prescribed in the articles of incorporation, and any 
 shares sold or issued for such consideration shall be deemed, when such consideration 
 shall have been paid or delivered to the corporation, to be fully paid. 
 
 Capital fully paid. Liability of directors, 
 
 $ 2. No corporation authorized to issue shares in accordance with section one 
 hereof shall begin to carry on business or shall incur any debts until the amount of
 
 123 CORPORATIONS. Act 1033b, § 1 
 
 capital stated in its articles of incorporation shall have been fully paid in money or 
 in property taken at its actual value. If the amount of capital stated in its articles 
 of incorporation shall at any time be increased, such corporation shall not increase 
 the amount of its indebtedness then existing until it shall have received in money or 
 loroperty taken at its actual value the amount of such increase of its stated capital. 
 The directors of any corporation assenting to the creation of any debt in violation of 
 this section shall be liable jointly and severally for such debt. Any director who, 
 because of any such liability under this section, shall pay any debt of the corporation 
 shall be subrogated to all rights of the creditor in respect thereof against the corpora- 
 tion and its property, and also shall be entitled to contribution from all other directors 
 of the corporation similarly liable for the same debt and the personal representative 
 of any such director who shall have died before making such contribution. 
 
 Capital reduced by dividends. 
 
 No such corporation shall declare any dividend which shall reduce the amount or 
 actual value of its capital below the amount stated in the articles as the amount of 
 capital with which the corporation will carry on business. If any such dividend shall 
 be declared, the directors under whose administration the same may have happened 
 (except those who may have caused their dissent therefrom to be entered at large on 
 the minutes of the directors at the time, or were not present when the same did happen) 
 are, in their individual or private capacity, jointly and severally liable to the corpora- 
 tion and to the creditors thereof to the full amount of any loss sustained by such 
 corporation or by its creditors respectively by reason of such dividend. 
 
 Aggregate amonnt of capital stock. Par value. 
 
 § 3. For the purpose of any rule of law or of any statutory provision relating to 
 the amount of the capital stock of the corporation or to the amount or par value of its 
 shares, the aggregate amount of the capital stock of any such corporation formed pur- 
 suant to this act shall be deemed to be the aggregate amount of capital specified in 
 the articles of incorporation, or in any certificate of increase or decrease made pur- 
 suant to the provisions of section three hundred fifty-nine of the Civil Code, as the 
 amount of capital with which the corporation will carry on business; the amount or 
 the par value of each share of preferred stock having a preference as to principal 
 shall be deemed to be the amount or par value thereof as stated in the articles of 
 incorporation, and the amount or par value of each other share shall be deemed to be 
 an aliquot part of the aggregate capital so stated in such articles or in such certificate 
 of increase or decrease, in excess of the specified amount (if any) of the preferred 
 stock therein authorized to be issued with a preference as to principal. 
 
 ISSUE OF SHARES OF STOCK WITHOUT NOMINAL OR PAR VALUE BY 
 
 PUBLIC UTILITY CORPORATIONS. 
 
 ACT 10331) — An act to provide for and regulate the issuance of stock without nomivai 
 
 or par value by public utility corporations now existing or hereafter organized. 
 
 History: Approved May 31, 1917. In effect July 30, 1917. Stats. 
 1917, p. 1367. 
 
 Issuance of shares without nominal or par value by public utility corporation. 
 
 §1. Any public utility corporation as defined in the "public utilities act" here- 
 after organized may, if so provided in its articles of incorporation, issue shares of 
 stock without nominal or par value. Such articles of incorporation shall set forth, in 
 lieu of setting forth the amount of its capital stock and the par value thereof, the 
 number of shares into which its capital stock is divided, and shall state that all such 
 shares are without nominal or par value; or such articles of incorporation shall set 
 forth, in addition to setting foi'th the amount of its capital stock and the par value 
 thereof, a provision for the conversion or exchange of shares having a nominal or par
 
 Act 1033b, §8 2. 3 GENERAL, LAWS. 426 
 
 value at any time outstanding for shares without nominal or par value. In all other 
 respects such articles shall set forth the matters and things specified in section two 
 hundred ninety of the Civil Code. Any such corporation may, in common with other 
 corporations formed for profit, by its articles of incorporation provide for the classifi- 
 cation of its shares of capital stock into preferred and common shares. 
 
 Resolution to issue shares. Ratification by stockholders. Amended articles of incor- 
 poration. 
 
 $ 2. Any public utility corporation now or hereafter organized which shall not be 
 authorized by its articles of incorporation to issue shares of stock without nominal 
 or par value, but which desires to issue shares without nominal or par value, may do 
 so by a resolution of its board of directors, passed and adopted at any regular or 
 special meeting, and ratified by the vote of stockholders representing at least two- 
 thirds of its subscribed or issued capital stock at a meeting called for that purpose, 
 or by the written assent of stockholders representing at least two-thirds of its sub- 
 scribed or issued capital stock filed with the secretary. Such resolution shall specify 
 that such corporation proposes to divide its capital stock into shares without nominal 
 or par value and to issue such shares of stock then outstanding; such resolution shall 
 also set forth the number of shares into which its capital stock shall be divided, how 
 many of said shares, if any, shall be prefen-ed shares, the terms of preference of any 
 preferred shares, and the basis of exchange of such shares for the shares of stock then 
 outstanding; provided, however, that no such resolution shall be valid which sets forth 
 a basis of exchange Avhich, if carried out, would give to the holders of any class of 
 outstanding stock shares evidencing a less proportionate interest in the capital stock 
 or earnings of the corporation than the outstanding shares of stock held by them, 
 unless such resolution is ratified by the unanimous vote or written assent of the 
 holders of all the outstanding stock of the class prejudicially affected, but with such 
 ratification such resolution shall be valid. Upon the ratification of such resolution 
 by the stockholders by vote or written assent as aforesaid, the board of directors of 
 said corporation shall, without further assent or vote of the stockholders, cause to be 
 prepared amended articles of incorporation setting forth the number of shares into 
 which its capital stock is divided and the fact that such shares are without nominal 
 or par value, the number of shares, if any, to which preference is granted, and the 
 nature and extent of such preference. Such amended articles, certified to as correct 
 by the president and secretary and a majority of the directors under the seal of said 
 corporation shall be filed in the office of the county clerk of the county in which the 
 original articles of incorporation were filed, and a copy of such amended articles of 
 incorporation certified by such county clerk, shall be filed in the office of the secretary 
 of state. A copy of such amended articles, certified by the secretary of state, shall be 
 filed in the office of the county clerk of every county in which such corporation has or 
 holds real property, except only the county in which the original articles were filed. 
 From and after the filing of such certified copy of such amended articles of incorpora- 
 tion in the office of the secretary of state, all outstanding shares of capital stock shall 
 be deemed shares without nominal or par value. Upon the surrender of all or any 
 certificates representing such outstanding shares, the corporation shall issue to the 
 holder or holders thereof a certificate or certificates representing the number and kind 
 of shares without nominal or par value to which such holder or holders may be 
 entitled, but whether or not such surrender is made, all outstanding shares shall, for 
 all purposes, be regarded as representing the number and kind of shares without nomi- 
 nal or par value to which the holder or holders thereof may be entitled. 
 
 § 3. No such corporation shall at any time have outstanding shares of stock having 
 nominal or par value and at the same time have outstanding shares of stock without 
 nominal or par value. 
 
 i
 
 427 CORPORATIONS. Act 1C34, S 1 
 
 When shares deemed to be of par value. 
 
 § 4. For the purpose of determining the amount of money payable to the secretary 
 of state for filing articles of incorporation, and for the purpose of determining the 
 vote of the stockholders upon the question of the increase of the stock or bonded 
 indebtedness of such corporation, but for no other purpose, such shares shall be 
 deemed to be of the par value of one hundred dollars each. The words "capital 
 stock" and "amount of capital stock" as used in existing laws shall, for the purpose 
 of making such laws applicable to corporations having stock without nominal or par 
 value, be construed in the case of such corporations to mean the aggregate number of 
 shares of stock without nominal or par value. Except as in this act otherwise provided, 
 all provisions of law relating to stock having a par value, so far as the same may be 
 legally, necessarily or practically applicable, shall apply to and govern stock without 
 nominal or par value. 
 
 Consent of railroad commission. 
 
 $ 5. No public utility as defined in the public utilities act may issue any share of 
 stock without nominal or par value, nor shall any share of stock or any stock cer- 
 tificate outstanding be converted into or deemed to be converted into stock without 
 nominal or par value, without the consent of the railroad commission first having been 
 secured in accordance with the provisions of the public utilities act, and the juris- 
 diction of the railroad commission with reference to such issue and such conversion of 
 stock shall be in all respects the same as that defined in the public utilities act with 
 reference to the issue by public utilities of stock or stock certificates, and nothing in 
 this act shall be construed to in any way limit the jurisdiction of the railroad commis- 
 sion under the public utilities act over the issue of stock and stock certificates. 
 
 CORPORATIONS AS EXECUTOR AND TRUSTEE. 
 ACT 1034 — An act authorizing certain corporations to act as executor and in other 
 capacities, and to provide for and regulate the administration of trusts by such 
 corporations. 
 
 History: Approved April 6, 1891, Stats. 1891, p. 490. Amended 
 April 1, 1897, Stats. 1897, p. 424; March 20, 1903, Stats. 1903 p 244- 
 March 18, 1905, Stats. 1905, p. 232; March 18, 1907, Stats. 1907, p. 562. 
 
 What corporation may act as executor. 
 
 $ 1. Any corporation which has or shall be incorporated under the general incor- 
 poration laws of this state, authorized by its articles of incorporation to act as execu- 
 tor, administrator, guardian, assignee, receiver, depositary or trustee, and having a 
 paid-up capital of not less than two hundred and fifty thousand dollars, of which one 
 hundred thousand dollars shall have been actually paid in, in cash, may be appointed 
 to act in such capacity in like manner as individuals. In all cases in which it is 
 required that an executor, administrator, guardian, assignee, receiver, depositary, or 
 trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is 
 required, it shall be a sufficient qualification by such corporation if such oath shall be 
 taken and subscribed or such affidavit made by the president or secretary or manager 
 or trust officer thereof, and such officer shall be liable for the failure of such corpora- 
 tion to perform any of the duties required by law to be performed by individuals actin«>' 
 in like capacity and subject to like penalties; and such corporation shall be liable for 
 such failures to the full amount of its capital stock; provided, any such appointment 
 as guardian shall apply to the estate only, and not to the person. Such corporation 
 shall be entitled to and shall be allowed proper compensation for all the services per- 
 formed by them under the foregoing provisions of this act; but such compensation 
 shall not exceed that allowed to natural persons for like services. [Amendment. 
 Approved March IS, 1007. Stats. 1907, p. o62.j
 
 Act 1034. §g 2-6 GENERAL LAWS. 428 
 
 Deposits made with corporation. 
 
 § 2. Any court, ha\ing appointed and having jurisdiction of any executor, adminis- 
 trator, guardian, assignee, receiver, depositary, or trustee, upon the application of 
 such officer or trustee, or upon the application of any person having an interest in the 
 state administered by such officer or trustee, after notice to the other parties in 
 interest as the court may direct, and after a hearing upon such application, may order 
 such officer or trustee to deposit any moneys then in his hands, or which may come 
 into his hands thereafter, and until the further order of said court, with any such 
 corporation, and upon deposit of such money, and its receipt and acceptance by such 
 corporation, the said officer or trustee shall be discharged from further care or respon- 
 sibility therefor. Such deposits shall be paid out only upon the orders of said court. 
 
 Public administrator may make deposits. 
 
 § 3. And it shall be lawful for any public administrator to deposit with any such 
 corporation doing business in the county, or city and county, in which he is acting 
 as such administrator, any and all moneys of any estate upon which he is administer- 
 ing, not required for the current expenses of the administration. And such deposits 
 shall relieve the public administrator from depositing with the county treasurer the 
 moneys so deposited with such corporation. Moneys deposited by a public adminis- 
 trator may be drawn, upon the order of such administrator, countersigned by a judge 
 of a superior court, when required for the purpose of administration, or otherwise. 
 
 Court may order deposit and reduce bonds. 
 
 $ 4. Whenever, in the judgment of any court having jurisdiction of any estate in 
 process of administration by any executor, administrator, guardian, assignee, receiver, 
 depositary, or trustee, the bond required by law of such officer shall seem burdensome 
 or excessive, upon application of such officer or trustee, and after such notice to the 
 parties in interest as the court shall direct, and after a hearing on such application 
 the said court may order the said officer or trustee to deposit with any such corpora- 
 tion, for safe-keeping, such portion or all of the personal assets of said estate as it 
 shall deem proper; and thereupon said court shall, by an order of record, reduce the 
 bond to be given or theretofore given by such officer or trustees, so as to cover only 
 the estate remaining in the hands of said officer or trustee; and the property as depos- 
 ited shall thereupon be held by said corporation, under the orders and directions of 
 said court. Any court having jurisdiction of an estate being administered by a public 
 administrator, may direct such public administrator to deposit all or any part of the 
 moneys of the estate not required for the current expenses of the administration, with 
 any such corporation doing business in the county, or city and county, where such 
 public administrator is acting. 
 
 Responsible for investments. 
 
 $ 5. Such corporations shall not be required to give any bond or security in case of 
 any appointment hereinbefore provided for, except as hereinafter provided, but shall 
 be responsible for all investments which shall be made by it of the funds which may 
 I)e intrusted to it for investment by such court, and shall be further liable as natural 
 persons in like positions now are, and as hereinafter provided. The amount of money 
 which any such corporation shall have on deposit at any time shall not exceed ten 
 times the amount of its paid-up capital and surplus, and its outstanding loans shall 
 not at any time exceed said amount. 
 
 Interest. 
 
 $ 6. Such corporations shall pay interest upon all moneys held by them by virtue 
 of this act, at such rate as may be agreed upon at the time of its acceptance of any 
 such appointment, or as shall be provided by the order of the court.
 
 429 CORPORATIONS. Act 1034, §§ 7-11 
 
 Deposit of bonds with state treasurer. 
 
 § 7, Each corporation, before accepting any such appointment or deposit, shall 
 deposit with the treasurer of state, for the benefit of the creditors of said corporation, 
 the sum of one hundred thousand dollars ($100,000.00), in bonds of the United States, 
 or municipal bonds of this state, or of any county, or citj'^, or school district thereof, or 
 in mortgages on improved and productive real estate in this state, being first liens 
 thereon, and the real estate being worth at least twice the amount loaned thereon. 
 The bonds and securities so deposited may be exchanged from time to time for other 
 securities, receivable as aforesaid. Said bonds of the United States, or municipal 
 bonds of this state, or of any county, city, or school district thereof, to be registered 
 in the name of said treasurer, officially, and all said securities to be subject to sale and 
 transfer, and to the disposal of the proceeds by said treasurer, only on the order of a 
 court of competent jurisdiction, and as hereinafter provided. [Amendment. Approved 
 April 1, 1897. Stats. 1897, p. 424.] 
 
 May mortgage real estate. 
 
 § 8. Any such corporation, having a paid-up capital in excess of two hundred and 
 fifty thousand dollars, may be permitted by the board of bank commissioners to mort- 
 gage any improved and productive real estate owned by it, in excess of said amount, to 
 the treasurer of state, for such sum as the said board may determine; and such mort- 
 gage may be deposited with said treasurer, and, when so deposited, it shall be included 
 in the amount of securities hereinabove required to be deposited with said treasurei 
 for the benefit of the creditors of said corporation. 
 
 Deposit, increase and decrease of. 
 
 § 9. So long as the corporation so depositing shall continue solvent, such corpora- 
 tion shall be permitted to receive from said treasurer the interest or dividends on said 
 deposit; provided, however, that when it shall appear to the board of bank commis- 
 sioners, from the semi-annual report of any such corporation, that the value of the 
 personal property and cash held and possessed by such corporation, by virtue of the 
 provisions of this act and any amendment thereof, exceeds ten times the amount of the 
 deposit aforesaid, said board shall require said corporation to forthwith increase its 
 said deposit to the sum of five hundred thousand dollars in such securities. And when- 
 ever it shall appear to said board that the amount of personal property and cash so 
 held by any such corporation has been reduced below ten times the value of its original 
 deposit above provided for, and said corporation is not in any default in its duties and 
 obligations hereunder, they shall allow such corporation to reduce its said deposit to 
 the sum of two hundred thousand dollars, by the withdrawal of such additional deposit, 
 until such time as an increase in its holdings shall again require an additional deposit, 
 as hereinbefore provided. 
 
 Abstracts of title. 
 
 ^ 10. When any part of such deposit is made in bonds and mortgages, it shall be 
 accompanied by full abstracts of titles and searches, and shall be examined and 
 approved by or under the direction of the said board. The fees for an examination of 
 title by counsel, to be paid by the corporation making the deposit, shall not exceed 
 twenty dollars for each mortgage, and the fee for each appraiser, not exceeding two, 
 besides expenses, shall be five dollars for each mortgage. 
 
 Certificate of authority. 
 
 § 11. It shall not be lawfijl for any such corporation to accept any trust or deposit, 
 as hereinbefore provided, after the passage of this act, Avithout first procuring from 
 the board of bank commissioners a certificate of authority, stating that such corpora- 
 tion has complied with the requirements of this act in respect to such deposit.
 
 Act 1034, §§ 12-17 GBNERAL LA^VS. 430 
 
 Semi-annual statement. 
 
 ^ 12. Such corporation shall file with the said board of bank commissioners, during 
 the months of January and July of each year, a statement, under oath, of the condition 
 of such corporation at the close of business on the thirty-fii'st day of December and the 
 thirtieth day of June, respectively, next preceding, showing its financial condition. 
 Also, a list and brief description of the trusts held by such corporation, the source of 
 the appointment thereto, and the amount of real and personal estate held by such 
 corporation by virtue thereof, excejit that mere mortgage trusts, wherein no action has 
 been taken by such corporation, shall not be included in such statement. The said 
 statement shall also be in such form, and contain such reports, returns, and informa- 
 tion, as to the affairs, business, condition, and resources of the corporation, as the said 
 board may from time to time prescribe and require. 
 
 Verification of statement. 
 
 $ 13. Such statement shall be verified by the aflSdavit of one of the managing officers 
 and two of the directors or trustees of such corporation, who shall also state in such 
 affida^dt that they have examined the assets and books of such corporation for the 
 purpose of making such statement. Any false swearing in regard to such statement 
 shall be deemed perjury, and shall be subject to the punishment prescribed by law for 
 such offense. 
 
 Duty of bank commissioners. 
 
 § 14. The said board of bank commissioners are hereby authorized and empowered 
 to address any inquiries to any such coriDoration, or the officers thereof, in relation to 
 its doings and conditions, or any other matter connected with its affairs; and it shall be 
 the duty of any such corporation or person so addressed to promptly reply, in writ- 
 ing, to such inquiries; and they may also require reports from any such corporation at 
 any time they may deem desirable. It shall be the duty of one or more of the bank 
 commissioners, as designated by the commissioners, annually, or as often as in their 
 judgment they may deem it necessary, without previous notice, to visit and to make 
 personal examination of the solvency of any such corporation, its ability to fulfill all 
 its obligations, and report its condition to the attorney -general as soon as may be after 
 such examination. 
 
 $ 15. [No section numbered 15.] 
 
 Administering oaths and examining vsitnesses. 
 
 § 16. Such commissioners shall have power to administer an oath to any person 
 whose testimony may be required on any such examination, and to compel the appear- 
 ance and attendance of any such person, for the purpose of examination, by summons, 
 subpoena, or attachment, in the matter now authorized in respect to the attendance of 
 persons as witnesses in courts of record in this state; and all books and papers which 
 may be deemed necessary to examine by the commissioners shall be produced, and 
 their production may be compelled in like manner. 
 
 Duty when corporation violates law. 
 
 § 17. Whenever it shall appear to the board of bank commissioners, from any such 
 examination or report, that any such corporation has committed any violation of law, 
 or is conducting its business in an unsafe or unauthorized manner, they shall, by an 
 order under their hands, direct the discontinuance of such illegal and unsafe or unau- 
 thorized practice, and strict conformity with the requirements of the law, and with 
 safety and security in its transactions ; and whenever any such corporations shall refuse 
 or neglect to make any such report as hereinbefore required, or to comply with any 
 such order as aforesaid, or whenever it shall appear to the said board that it is unsafe
 
 431 CORPORATIOXS. Act 1034, §8 18-23 
 
 or inexpedient for any such corporation to continue to transact business, they shall 
 communicate the facts to the attorney-general, who shall thereupon institute such pro- 
 ceedings against the corporation as the nature of the case may require. 
 
 False statement revokes authority. 
 
 $ 18. If the board of bank commissioners shall, at any time, have satisfactoiy evi- 
 dence that any semi-annual statement or other report required or authorized by this 
 act, made or to be made by any officer or officers of such corporation, is false, it shall 
 be the duty of the said board to immediately revoke the certificate of authority granted 
 on behalf of such corporation, and mail a copy of such revocation to said corporation 
 and to the clerk of every court of record in this state. Such revocation shall not be 
 set aside until satisfactory evidence shall be given to said board of bank commissioners 
 that such corporation is in substance and in fact m the condition set forth in such 
 statement or report, and that all the requirements of this act have been complied with. 
 Such revocation shall be sufficient cause for the removal of such corporation from any 
 appointment held by it under the provisions of this act. 
 
 Retirement from business. 
 
 ^ 19. Any corporation which desires to retire from business under this act, shall 
 furnish to the board of bank commissioners satisfactory evidence of its release and 
 discharge from all the obligations and trusts hereinbefore provided for; whereupon, 
 they shall revoke their certificate to such corporation, and thereupon the treasurer of 
 state shall return to said eorpoi'ation all its securities. 
 
 Conflicting acts repealed. 
 
 $ 20. All laws and parts of laws in conflict with the provisions of this act are hereby 
 repealed. 
 
 Time of taking effect. 
 
 ^ 21. This act shall take effect and be in force from and after its passage. 
 
 Communications confidential. 
 
 $ 22. Any corporation exercising the powers and performing the duties provided foi 
 in said act, shall keep inviolate all communications confidentially made to it touch 
 ing the existence, condition, management, and administration of any trusts confided tt- 
 it; and no creditor or stockholder of any such corporation shall be entitled to dis- 
 closure of any such communication; provided, however, that the president, manager 
 and secretary of such corporation shall be entitled to knoAvledge of such communica- 
 tion; and provided further, that in any suit or proceeding touching the existence, con- 
 dition, management or administration of such trust, the court wherein the same is 
 pending may require disclosure of any such communication. [New section. Added 
 March 20, 1903. Stats. 1903, p. 244.] 
 
 Word "trust." Use prohibited when. 
 
 ^ 23. The use of the word "trust" in combination or in connection with the wovd 
 "company," "corporation," "incorporation," "association," "society," "organiza- 
 tion," or "syndicate," is hereby prohibited to all persons, firms, associations, com- 
 panies or corporations, other than corporations provided for by a certain act of the 
 legislature entitled: "An Act authorizing certain corporations to act as executor and 
 in other capacities and to provide for and regulate the administration of trusts by such 
 corporations," approved April 6, 1891, and any person, firm, association, company or 
 corporation which uses the word "trust" in combination with or in connection with the 
 word "company," "corporation," "incorporation," "association," "society," "or- 
 ganization" or "syndicate" as the name under which business is done or transacted,
 
 Act 1038 
 
 GEXERAI. LAWS. 
 
 shall be subject to the provisions of the act last referred to and to the supervision of 
 the bank commissioners as required by the said act. Any person, firm, association, 
 company or corporation making use of the word "trust" in combination or in con- 
 nection with the word "company," "con^oration," "incorporation," "association," 
 "society," "organization" or "syndicate" in the manner hereinabove mentioned in 
 the transaction of business and not subject to the provisions of said act and the super- 
 I vision of the bank commissioners as in said act provided shall forfeit for each day the 
 offense is committed, the sum of one hundred dollars to be recovered by the bank com- 
 missioners of the state of California in the manner provided by law. [New section. 
 Added March 18, 1905. Stats. 1905, p. 232.] 
 
 1. ConHtltutionality — Special leRUlntlon 
 — I niforniity of operation. — The ac^ is not 
 
 special le&islatlon, and is not objectionable 
 on the ground of want of uniformity in Its 
 operation. — Estate of Kilborn, 5 Cal. App. 
 161, 164. 89 Pac. 985. 
 
 2. Spcfial proceeding not provided — "As 
 hereinafter provided." — This phrase in sec- 
 tion 7 seems to have no application, for the 
 statute does not provide a special proceed- 
 ing in court to determine as to the sale, 
 transfer or disposal of the bonds or pro- 
 ceeds thereof. — Spalding Co. v. Roberts, 170 
 Cal. 175, 176, 149 Pac. 41. 
 
 3. Incorporation as trustee corporation — 
 Retarn of bond deposit. — A trustee corpora- 
 tion under the act is not entitled to have 
 the return of the bonds deposited with the 
 state treasurer until it divests itself of its 
 powers to act as trustee. — Spalding Co. v. 
 Roberts, 170 Cal. 175, 178, 149 Pac. 41. 
 
 4. In.iolvent trust corporation — Set-off. — 
 An administratrix of an estate has a right 
 of set-off against an insolvent trust corpo- 
 ration, growing out of a deposit of funds of 
 her estate prior to insolvency, against an 
 allowed claim against the estate founded 
 upon a debt due the insolvent by the de- 
 cedent. — People V. California, etc., Co., 168 
 Cal. 241, L. R. A. 1915A, 299, 141 Pac. 1181. 
 
 5. Intervention In Insolvency proceedings 
 — Jurisdiction of court. — Where a court has 
 control of the insolvent estate of a trust 
 company for the purpose of liquidating and 
 settling sucn estate, it has jurisdiction of a 
 claim for a set-off growing out of a deposit 
 of the funds of the estate of a deceased per- 
 son, against a claim of the insolvent based 
 upon a debt due from the decedent in his 
 lifetime, and intervention was a proper pro- 
 ceeding, and the administratrix is not re- 
 quired to maintain a separate action against 
 the receiver, nor pay her debt In full and 
 accept a pro rata distribution on her de- 
 posit claim. — People v. California, etc., Co., 
 168 Cal. 241, L. R. A. 1915A. 299. 141 Pac. 
 1181. 
 
 6. Letter* testamentary to corporation 
 were properly granted as a coe.xecutor, 
 where it was qualified to act by the terms 
 
 of its articles of Incorporation, and the con- 
 ditions required by the act had been com- 
 piled with, in the absence of objections on 
 the ground of want of solvency or financial 
 responsibility. — Bstate of Kilborn, 5 Cal. 
 App. 161, 89 Pac. 985. 
 
 7. Tru.st. — Deposit of funds of minor's 
 estate, made under the terms of a will and 
 of the decree of distribution, with a corpo- 
 ration authorized under the terms of the act 
 to act as trustee, is a trust, and is protected 
 by the deposit of bonds with the state treas- 
 urer. — People V. California, etc.. Co., 22 Cal. 
 App. 69, 133 Pac. 324; Wickersham v. Cali- 
 fornia, etc., Co.. 22 Cal. App. 69. 133 Pac. 
 324. 
 
 8, Section 1348, Code Civil Procedure. — In 
 I 1348 of the Code of Civil Procedure, it is 
 provided that corporations authorized by 
 their articles of Incorporation to act as ex- 
 ecutor, administrator, guardian of estates, 
 assignee, receiver, depositary, or trustee, 
 and having a paid-up capital of not less 
 than two hundred and fifty thousand dol- 
 lars, of which one hundred thousand dollars 
 shall have been actually paid in in cash, 
 may be appointed to act in such capacity in 
 like manner as individuals. In all cases 
 in which it is required that an executor, 
 administrator, guardian, assignee, receiver, 
 depositary, or trustee, shall qualify by tak- 
 ing and subscribing an oath, or in which an 
 affidavit is required, it shall be a sufficient 
 qualification by such corporation, if such 
 oath shall be taken and subscribed, or such 
 aflldavit made, by the president or secretary 
 or manager thereof; and such officer shall 
 be liable for the failure of such corporation 
 to perform any of the duties required by 
 law to be performed by individuals acting 
 in like capacity and subject to like penal- 
 ties; and such corporation shall be liable 
 for such failure to the full amount of its- 
 capital stock and upon the bond required 
 upon its assuming the trusts provided for 
 herein. 
 
 As to power of trust companies to act as 
 administrator and executor, guardian, surety, 
 etc., see monographic note by J. H. Hill, 48 
 L. R. A. 587-593; 52 L. R. A. 469. 
 
 FOR THE PROTECTION OF STOCKHOLDERS, ETC. 
 
 ACT 1035 — An act to protect stockholders and persons dealing with corporations in 
 
 this state. 
 
 History: Approved March 2rt, 1878, Stats. 1877-78, p. 695. Amended 
 March 22, 1905, Stats. 1905, p. 7S6.
 
 433 CORPORATIONS. Acts 1036. 103T 
 
 Corporations, false reports of officers of. 
 
 § 1. Any superintendent, director, secretary, manager, agent, or other officer, of 
 any corporation formed or existing under the laws of this state, or transacting busi- 
 ness in the same, and any person pretending or holding himself out as such super- 
 intendent, director, secretary, manager, agent or other oflScer, who shall willfully 
 subscribe, sign, indorse, verify, or otherwise assent to the publication, either generally 
 or privately, to the stockholders or other persons dealing with such corporation, or its 
 stock, any untrue or willfully and fraudulently exaggerated report, prospectus, account, 
 statement of operations, values, business, profits, expenditures or prosjDects, or other 
 paper or document intended to produce or give, or having a tendency to produce or 
 give, to the shares of stock in such corporation a greater value or less apparent or 
 market value than they really possess, or with the intention of defrauding any par- 
 ticular person or persons, or the public, or persons generally, shall be deemed guilty 
 of a felony, and on conviction thereof, shall be punished by imprisonment in state 
 prison or a county jail not exceeding two years, or by fine not exceeding five thousand 
 dollars, or by both. [Amendment of March 22, 1905. Stats. 1905, p. 786.] 
 
 $ 2. All acts and parts of acts in conflict with this act are hereby repealed. 
 
 1. Constitutionality — Original act consti- 73 Pac. 187; People v. Gates, 142 Cal. 12, 75 
 
 tutional. — Even though the amendatory act Pac. 3 37. 
 
 might be unconstitutional under the consti- 3. Title of amendatory act. — The act Is 
 
 tution of 1879, the original act was valid not invalid on the ground that the subject 
 
 under the constitution of 1849, and the thereof is not sufficiently stated in the title, 
 
 amendatory act recites the original act, and the body of the act being wholly penal and 
 
 re-enacts it with amendments, and thus not being germane to the subject of protect- 
 
 complies fully with constitutional require- ing stockholders and persons dealing with 
 
 ments as to amendments. — People v. Merritt, corporations. — People v. Merritt, 18 Cal. 
 
 18 Cal. App. 58, 122 Pac. 839, 844. App. 58, 122 Pac. 839, 844. 
 
 See, also. People v. Parvin, 74 Cal. 549, 16 3. Code provision. — This act was approved 
 
 Pac. 490; Francais v. Somps, 92 Cal. 505, 28 the day after § 564 of the Penal Code was 
 
 Pac. 592; Beach v. Von Detten, 139 Cal. 462, amended to include substantially the same 
 
 provisions. — See Kerr's Cyc. Penal Code, § 564. 
 
 PAYMENT OF EMPLOYEES OF CORPORATIONS. 
 
 ACT 1036 — An act requiring corporations to pay their employees at least once a month. 
 
 History: Approved March 29, 1897, Stats. 1897, p. 231. 
 
 See, post. Act 1037. clause of the constitution. — Skinner v. Gar- 
 
 This act provided for the payment of nett G. M. Co., 96 Fed. 735. 
 
 wages at least once a month, and gave the 3. Same. — The act is not unconstitutional 
 
 employee a lien for the same. as a denial of the equal protection of the 
 
 1. Constitutionality. — This act Is discrim- laws. — Skinner v. Garnett G. M. Co., 96 Fed. 
 Inatory, creates an unreasonable classiflca- 735. 
 
 tion, infringes the right of person to make 4. Same. — The act is not unconstitutional 
 
 and enforce their own contracts, denies the on the ground that it unjustly discriminates 
 
 equal protection of the law, and is uncon- against corporations In the matter of liens 
 
 stitutional and void. — Johnson v. Goodyear for wages. — Skinner v. Garnett G. M. Co., 96 
 
 Mining Company. 127 Cal. 4, 78 Am. St. Rep. Fed. 735. 
 
 17, 47 L. R. A. 338, 59 Pac. 304. 5. Same. — The act is not invalid on the 
 
 2. Same. — The act is not unconstitutional ground that the provisions of sections 2 and 
 as a violation of the due process of law 6 are not specifically referred to in the title. 
 
 — Skinner v. Garnett G. M. Co., 96 Fed. 735. 
 
 PAYMENT OF WAGES OF EMPLOYEES OF CORPORATIONS. 
 ACT 1037 — An act to provide for the payment of wages of mechanics and laborers 
 employed by corporations. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 195. 
 
 See, ante. Act 1036, notes. unconstitutional and void. — Slocum v. Bear 
 
 This act provided for the payment of Valley, etc., Co., 122 Cal. 555, 68 Am. St. Rep. 
 
 wages, weekly or monthly, and gave a lien 68, 55 Pac. 403. 
 
 therefor. See, also, Johnson v. Goodyear, etc., Co., 
 
 1. Unconstitutional. — The act is held to 127 Cal. 4. 20, 78 Am. St. Rep. 17, 47 L. R. A. 
 
 be special legislation, to create an arbitrary 338, 59 Pac. 304. 
 
 and unreasonable classification and to be 2. Lien for naees. — Under this act the 
 
 Gen. Laws— 28
 
 Act 1041, § 1 Gli.MORAL, LAWS. 434 
 
 wages must be shown to be payable weekly Preferred clniin for wa^ett. — See tit. "La- 
 
 or monthly to entitle the employee to a lien bor Bureau," Act 2404. 
 
 therefor. — Spauldin^ v. Mammoth, etc., Co., 3. Not within terms of statute. — Upon 
 
 5 Cal. Unrep. 712, 49 Pac. 183; Kuschel v. the case shown it was held that plaintiff 
 
 Hunter, 5 Cal. Unrep. 793, 50 Pac. 397. had not brought himself within the terms 
 
 See, also. Keener v. Eagle Lake, etc., Co., of the statute creating a lien for wages 
 
 • 110 Cal. 627, 43 Pac. 14; Ackley v. Black payable weekly or monthly. — Spaulding v. 
 
 Hawk, etc., Co., 112 Cal. 42, 44 Pac. 330. Mammoth, etc., Min. Co., 5 Cal. Unrep. 712, 
 
 49 Pac. 183. 
 
 FOREIGN CORPORATIONS ACT. 
 ACT 1041 — An act prescribing terms and conditions upon which corporations may 
 transact "business in this state and providing penalties and forfeitures for non- 
 compliance. 
 
 History: Approved May 10, 1915. In effect, see §19. Stats. 1915, 
 p. 422. Entire act amended May 11, 1917. In effect immediately. 
 Stats. 1917, p. 371. 
 
 Corporations must file articles of incorporation. Certified copy filed with county 
 
 clerk. Affidavit. Fee. 
 
 $ 1. Every corporation organized under the laws of another state, territory, or of 
 a foreign countrj', which is now doing interstate or intrastate business in this state 
 or maintaining an oflSce herein, and which has not filed with the secretary of state 
 prior to the day on which this act takes effect the document or documents required 
 by this section, or which shall hereafter do such business in this state or maintain an 
 office herein, or which shall enter this state for the purpose of doing such business 
 herein, must file in the office of the secretary of state of the state of California a 
 certified copy of its articles of incorporation, or of its charter, or of the statute or 
 statutes, or legislative, or executive, or governmental act or acts creating it, in cases 
 where it has been created by charter, or statute, or legislative, or executive, or govern- 
 mental act, duly certified by the secretary of state or other officer authorized by the law 
 of the jurisdiction under which such corporation is formed to certify such copy, and 
 must also file a certified copy thereof, duly certified by the secretary of state of this 
 state in the office of the county clerk of the county where its principal place of business 
 in this state is located, and also where such corporation owns any real property. With 
 such certified copy of its articles of incorporation, charter or legislative, executive or 
 governmental act creating it, such corporation shall also file with the secretary of 
 state an affidavit sworn to by the president or secretary of such corporation, which shall 
 state the amount of such corporation 's authorized capital stock at or within fifteen days 
 prior to such filing. Every such corporation shall pay to the secretary of state for 
 filing in his office such certified copy of its articles of incorporation, or of its charter, 
 or of the statute or statutes, or legislative, or executive, or governmental act or acts 
 c?-eating it, a fee of seventy-five dollars; provided, that foreign corporations organized 
 for educational, religious, scientific or charitable purposes and having no capital stock, 
 and foreign nonprofit corporations shall pay a fee of five dollars for filing the docu- 
 ment or documents hereinabove required. 
 
 Foreign corporations must file amendment, etc. Affidavit showing capital stock. 
 
 Foreign corporations shall also file any amendment of or change in any of the provi- 
 sions of its original articles of incorporation, or charter, or of the statute or legislative, 
 executive or governmental act or acts creating it. Every foreign corporation subject 
 to the tax hereinafter provided shall file with the secretary of state, at the time it 
 tenders payment of said tax and any penalty which has accrued, an affidavit sworn 
 to by its president or secretary, showing the amount of its authorized capital stock 
 on the first day of January of the year in which said payment is made, and in the 
 event that such authorized capital stock, as shown by such affidavit, differs from the 
 amount of such cai>ital stock as appears from the records of the secretary of state, then
 
 435 CORPORATIONS. Act 1041, §§ 2, 3 
 
 the tax hereinafter provided shall be measured by the amount of the capital stock 
 shown in such aflSdavit. The license hereinafter required shall not be issued nor 
 shall the amount so tendered be accepted until copies of any documents relating to such 
 change in authorized capital stock, certified as required by this section, shall have been 
 filed with the secretary of state. 
 
 Representative of foreign corporation. 
 
 Every foreign corporation shall file with the secretary of state a designation of some 
 person residing within this state upon whom process issued by authority of law may be 
 served as the representative, for such purpose, of such corporation. A copy of such 
 designation certified by the secretary of state is sufficient evidence of the appointment 
 of such representative. Such process may be served on the person so designated, or, 
 in the event that no such representative is designated, then on the secretary of state, 
 and such service shall be a valid and binding service on such corporation. 
 
 Benefit of law. • 
 
 Every corporation which complies with the provisions of this section is thereafter 
 entitled to the benefit of the laws of this state limiting the time for the commencement 
 of civil actions, but any corporation created by or under the laws of any foreign state 
 or country and that has not complied with this section is not entitled to the benefit 
 thereof, nor can any such foreign corporation maintain or defend any action or pro- 
 ceeding concerning its property in this state or any intrastate business or transaction, 
 in any court of this state or acquire or convey any legal title to any real property 
 within this state. In any action or proceeding instituted against any body styled as a 
 corporation, but not created by nor under the laws of this state, evidence that such 
 body has acted as a corporation, or employed methods usually employed by corpora- 
 tions, must be received by the court for the pui-pose of proving the existence of such 
 corporation, the sufficiency of such evidence to be determined by the court with like 
 effect as in other cases. Every corporation which has complied with the law requiring 
 it to make and file a designation of the person i;pon whom process against it may be 
 sers'^ed, need not make or file any further designation. Any designation made may be 
 revoked by the filing by the corporation with the secretary of state of a writing stating 
 such revocation. Within forty days after the death or removal from the state of any 
 person designated by the corporation, or after the revocation of the designation, the 
 corporation must make a new designation, or be subject to the provisions and penalties 
 of this section; provided, however, that any foreign corporation which, prior to the 
 eighth day of March, one thousand nine hundred one, shall have complied with the 
 provisions of the act entitled, "An act to amend 'An act in relation to foreign corpo- 
 rations,' approved April first, one thousand eight hundred seventy-two," approved 
 March seventeenth, one thousand eight hundred ninety-nine, shall, in lieu of the pro- 
 visions of this section above set forth, file the affidavit and designation of representa- 
 tive herein required and the license tax due from such corporation shall be measured 
 by the authorized capital stock, as sho^vn thereby. 
 
 Fees. 
 
 § 2. Upon filing in the oflBce of the secretary of state the certified copy of articles 
 of incorporation of corporations organized under the laws of this state, there shall be 
 paid to the secretary of state the fees prescribed therefor by section four hundred nine 
 of the Political Code. 
 
 Annual license. Tax. 
 
 ^ 3. Except those corporations hereinafter specified, every corporation incorporated 
 under the laws of this state, and every corporation incorporated under the laws of any 
 other state, territory, or foreign country now doing intrastate business within this state,
 
 Act 1041, §§4, 5 GENERAL LAWS. 43C 
 
 or which shall hereafter engage in intrastate business in this state, shall procure 
 annually from the secretary of state a license authorizing the transaction of such 
 business in this state, and pay therefor the license tax prescribed herein. 
 
 For the purpose of measuring said tax the secretary of state shall examine all articles 
 of incorporation and all docunxents on file in his office relating to an increase or decrease 
 in the authorized capital stock of corporations which are subject to said tax, and 
 determine the amount due from each corporation by the following i^le: 
 
 Determination of tax. 
 
 When the authorized capital stock of the corporation does not exceed ten thousand 
 dollars, the tax shall be ten dollars; when the authorized capital stock exceeds ten 
 thousand dollars, but does not exceed twenty thousand dollars, the tax shall be fifteen 
 dollars; when the authorized capital stock exceeds twenty thousand dollars but does 
 not exceed fifty thousand dollars, the tax shall be twenty dollars; when the authorized 
 capital stock exceeds fifty thousand dollars but does not exceed one hundred thousand 
 dollars, the tax shall be twenty-five dollars; when the authorized capital stock exceeds 
 one hundred thousand dollars but does not exceed two hundred fifty thousand dollars, 
 the tax shall be fifty dollars; when the authorized capital stock exceeds two hundred 
 fifty thousand dollars but does not exceed five hundred thousand dollars, the tax shall 
 be seventy-five dollars; when the authorized capital stock exceeds five hundred thousand 
 dollars but does not exceed one million dollars, the tax shall be one hundred dollars; 
 when the authorized capital stock exceeds one million dollars but does not exceed three 
 million dollars, the tax shall be two hundred dollars; when the authorized capital stock 
 exceeds three million dollars but does not exceed five million dollars, the tax shall be 
 three hundred fifty dollars; when the authorized capital stock exceeds five million 
 dollars but does not exceed seven million five hundred thousand dollars, the tax shall be 
 five hundred fifty dollars; when the authorized capital stock exceeds seven million five 
 hundred thousand dollars but does not exceed ten million dollars, the tax shall be eight 
 hundred dollars; when the authorized capital stock exceeds ten million dollars, the tax 
 shall be one thousand dollars; when the capital stock of any corporation has no par 
 value the tax shall be one hundred dollars; when part of the capital stock of any corpo- 
 ration has a par value and a part of such stock has no par value, the tax shall be com- 
 puted upon such par value stock in accordance vtdth the admeasurement schedule herein 
 established, to which sum shall be added the sum of fifty dollars. Building and loan 
 companies and associations shall pay an annual license tax of ten dollars. 
 
 Tax on corporations having no capital stock. 
 
 All corporations having no capital stock, but organized for profit, shall pay an annual 
 tax of ten dollars. Said license tax shall be due and payable to the secretary of state 
 on the first day of January of each and every year. Such license tax shall be paid on 
 or before the hour of six o'clock p. m. of the first Monday of February of each year and 
 if not so paid shall at said hour become delinquent and there shall thereupon be added 
 thereto as a penalty for such delinquency the sum of ten dollars. 
 
 Tax authorizes transaction of business. 
 
 ^ 4. The license herob.y provided authorizes the domestic corporations holding the 
 same to transact business in this state, and authorizes foreign corporations to transact 
 intrastate business in this state, during the year or any fractional part of such year for 
 which such license is issued. "Year" within the meaning of this act, means from and 
 including the first day of January to and including the thirty-first day of December 
 next thereafter. 
 
 License tax for part of year. 
 
 $ 5. At the time any corporation subje-'t to the license tax provided herein shall file 
 certified copy of articles of incorporation, or charter, or statute or statutes, or legis-
 
 4Sr CORPORATIONS. Act 1041, §§ 6-S 
 
 lative, or executive or governmental act or acts creating a corporation, when filed 
 between the first day of January and the thirty-first day of December, inclusive, in 
 any year, there shall be paid to the secretary of state, in addition to all other fees 
 required by law, that proportion of the license tax specified in section three of this act 
 which the unexpired number of months of such year bears to the entire year including 
 the month in which such filing occurs, and thereupon the secretary of state shall issue 
 a license for such fractional part of the then current ye£lr. 
 
 Corporations exempt. 
 
 § C. Corporations organized and conducted solely and exclusively for educational, 
 religious, scientific or charitable purposes, corporations which are not organized or con- 
 ducted for profit, corporations organized under the laws of any other state, territory 
 or foreign country doing solely and exclusively an interstate or foreign business, and 
 those coi-porations taxed under subdivisions (a), (b) and (c) of section fourteen of 
 article XIII of the constitution, are exempt from payment of the tax provided by sec- 
 tion three of this act. 
 
 "Corporation license tax exemption board." Protest. Contents. 
 
 $ 7. The secretary of state, state controller and members of the state board of 
 control shall be and are hereby constituted the "corporation license tax exemption 
 board." Except in cases where articles of incorporation .are filed in the month of 
 December, every corporation claiming exemption from the pajnnent of the annual 
 license tax prescribed by this statute must file with said board, at least thirty days 
 before such license tax becomes due and payable, a written protest in which shall be 
 set forth all facts and reasons upon which such exemption claim is made. Such pro- 
 test shall contain a concise statement of the nature, character and manner of doing 
 business by such corporation, together with any other data illustrating the method of 
 doing such business and the places in which such business is transacted within this state. 
 Such corporation shall furnish to said board such other or additional information as 
 may be required by said board. Such application shall be sworn to by the president, 
 secretary or general manager, or authorized agent of such coi-poration. Failure to 
 protest in the manner and within the time herein prescribed shall constitute a waiver 
 of all rights of exemption from said tax; provided, however, that the coi'poration 
 license tax exemption board shall have the power, irrespective of such protests to 
 grant such exemption in the case of corporations mentioned in section six of this act. 
 
 Corporations excepted. 
 
 The provisions of this section with respect to filing written claim of exemption, shall 
 not apply to educational, religious, scientific or charitable corporations, specified in 
 section six of this act nor to corporations taxed under subdivisions (a), (b) and (c) 
 of section fourteen, article XIII of the constitution of this state. 
 
 Tax exemption determined before filing articles of incorporation. 
 
 ^ 8. Before filing a certified copj' of the articles of incorporation of any domestic 
 corporation in the office of the secretary of state, and before any foreign corporation 
 files with* the secretary of state the document or documents required by section one of 
 this act, said articles of incorporation or said documents shall be submitted to said 
 coi'poration license tax exemption board, which board shall determine the question of 
 whether such corporation is exempt, under any of the provisions of this act, from the 
 license tax imposed hereby. 
 
 All claims or applications for exemption, under this and the preceding section 
 together with all evidence and proofs submitted therewith, shall be considered by such 
 license tax exemption board, which shall determine the question of such exemption.
 
 Act 1041, §§ 9-11 GENERAL LAWS. 438 
 
 The determination of such corporation license tax exemption board upon all questions 
 of fact, with respect to such claims of exemption, shall be final and conclusive. 
 
 Notice of time when tax payable. Notice of delinquency. Notice of suspension or 
 
 forfeiture. 
 
 ^ 9. On or before the first day of December of each year the secretary of state shall 
 mail a notice to every corporation subject to the tax imposed by this act, notifying such 
 corporations of the time when such tax shall be due and payable, when delinquent, and 
 r>f the penalties for delinquency and non-payment. Immediately after the first Monday 
 in February of each year the secretary of state shall mail a notice to every corporation 
 subject to the tax imposed by this act and which has failed to pay the same, notifying 
 such corporation of its delinquency and the penalties therefor. Within ten days after 
 the Saturday preceding the first Monday in March of each year the secretary of state 
 shall, by registered mail, notify every corporation subject to the tax imposed by this 
 net and which has failed to pay the same, that such corporation has been recorded by 
 him as a "suspended" or "forfeited" corporation in accordance with the provisions of 
 this act, and that such suspension or forfeiture may be removed by complying with the 
 provisions of this act. Mailing by the secretary of state to any corporation of any of 
 the notices required by this section shall not be a jurisdictional prerequisite to the 
 accrual of any forfeiture provided by this act, or to the suspension of the corporate 
 powers of anj"- delinquent corporation and the officers thereof hereinafter provided, nor 
 be held to be an essential prerequisite to the imposition of such or any other penalties 
 for delinquency and nonpayment. 
 
 License tax lien. 
 
 § 10. The license tax due from any corporation subject to the provisions of this 
 act is a lien upon the real property of such corporation from and after the first day of 
 January of each year and until paid or until the property is sold for the payment 
 thereof. On or before the first Monday in April of each year the secretary' of state 
 shall make a list of all corporations subject to the tax imposed by or that should have 
 been paid under this act and which have failed to pay the same, and transmit a certified 
 copy thereof to each county clerk and county recorder in this state. Said county clerks 
 and county recorders shall file such certified copies in their respective oflSces in such 
 manner that the same shall be preserved in the form of a permanent record of such 
 office and easily identified by and available to the public. Said copies so certified by the 
 secretary of state and filed as herein provided shall, in the case of each corporation, 
 state whether such corporation is a domestic or foreign corporation and specify the tax 
 and penalties which each corporation has incurred for failure to pay the tax imposed 
 by this act. Such certified copies so filed with either of said county officers, or any copy 
 thereof certified by the secretary of state, shall be received in evidence in any court 
 in lieu of the original record on file with the secretary of state and shall be prima facie 
 evidence of the truth of all statements contained therein. 
 
 Rights of domestic corporations suspended. Right of foreign corporations forfeited. 
 
 Forfeiture relieved. 
 
 § 11. After six o'clock p. m. of the Saturday preceding the first Monday in March 
 in any year, the corporate rights, privileges and powers of every domestic corporation 
 which has failed to pay the tax and money penalty for uonijayment thereof imposed 
 by this act shall, from and after said hour of said day, be suspended, and incapable of 
 being exercised for any purpose or in any manner, except to execute and deliver deeds 
 to real property in pursuance of contracts therefor made prior to such time, and to 
 defend in court any action brought against such eoii:)oration, until said tax with all 
 accrued penalties, taxes and charges due to the state under this act and subdivision (d)
 
 439 CORPORATIONS. Act 1041, g 13 
 
 of section fourteen, article XIII of the constitution are paid as hereinafter jirovided. 
 The right and privilege of every foreign corporation, 'subject to the provisions of this 
 act, to transact intrastate business in this state shall, for failure to pay the tax and 
 money penalty for nonpa^yment thereof imposed by this act, be forfeited at said hour 
 of said day, and the secretary of state shall make a record of such forfeiture. In the 
 case of foreign corporations such forfeiture may be relieved and the corporation's 
 privilege to transact intrastate business in this state restored in the manner hereinafter 
 provided. After said hour of said day and until such taxes, penalties and charges are 
 paid, every person who attempts or purports to exercise any of the rights, privileges 
 or powers of any delinquent domestic corporation except as permitted by this act, or, 
 who transacts or attempts to transact any intrastate business in this state in behalf 
 of any forfeited foreign corporation, shall be guilty of a misdemeanor and upon con- 
 viction thereof shall be punished by a fine of not less than two hundred fifty dollars 
 and not exceeding one thousand dollars, or by imprisonment in the county jail not less 
 than fifty days or more than five hundred days, or by both such fine and imprisoipuent. 
 The jurisdiction of such offense shall be held to be in any county in which any pr.rt of 
 such attempted exercise of such powers, or any part of such transaction of business wa? 
 had or occurred. Every contract made in violation of this section is hereby declared 
 to be void. 
 
 Application hy stockholder or creditor to restore rights. Payment of additional amount. 
 
 $ 12. All corporate powers, rights and privileges, suspended or forfeited under the 
 provisions of this act may be revived and restored to full force and effect upon applica 
 tion therefor by any stockholder or creditor thereof and upon payment of all accrued 
 taxes and penalties due to the state under this act and subdivision (d) of section 
 fourteen, article XIII of the constitution. In case the application for such revivor and 
 restoration is not made during the year in which such suspension or forfeiture occuiTcd, 
 slich application shall not be granted nor a certificate of revivor issued to such corpora- 
 tion until there is paid to the secretary of state in addition to the tax and money pen- 
 alty due or that should have been paid the state under this act and subdivision (d) of 
 section fourteen, article XIII of the constitution for the year in which such suspension 
 or forfeiture occurred, a sum of money, equal to the tax, without penalty, imjDosed or 
 that should have been paid under this act during the year in which such suspension or 
 forfeiture occurred, for each year succeeding said year in which such suspension or 
 forfeiture occurred. 
 
 Controller's certificate. 
 
 Upon payment of all such taxes and penalties, and upon payment of all other taxes 
 due the state under subdivision (d) of section fourteen, article XIII of the constitution 
 the state controller shall issue a certificate under his seal evidencing such payment and 
 restoration, which certificate, when recorded in the office of any county recorder shall 
 constitute a release of all existing liens for such taxes upon the property of such corpo- 
 ration. Each county recorder shall keep an index of all such controller's certificates 
 recorded by him. Upon presentation of such controller's certificate of revivor to anv 
 county clerk said officer shall make a record thereof in his oflBce in a book kept for 
 such puT-pose. The record so made by said county clerk shall be prima facie evidence 
 of the restoration to such corporation of all previously suspended or forfeited rio'hts 
 poAvers and privileges unless it appears from the records in the office of such county 
 clerk or of the controller or secretary of state that subsequent to the date of such cer- 
 tificate of revivor the powers of said corporation have been again suspended or its 
 right to do intrastate business again forfeited.
 
 Act 1041. §8 13-15 GENERAI, L.VAVS. 4 
 
 No dissolution until tax paid. 
 
 ^ 13. No court shall have jurisdiction to make or enter any decree of dissolution of 
 any domestic corporation until all taxes and penalties due under this act shall have 
 been paid. 
 
 Restoration of right under acts of 1905 and 1915. 
 
 § 14. Any corporation which has heretofore failed to pay any license tax and pen- 
 alty imposed under the provisions of chapter three hundred eighty-six, statutes 1905, 
 and amendments thereof, or under chapter one hundred ninety, statutes 1915, and for 
 such nonpayment suffered a forfeiture of the charter of such corporation or of the right 
 to do business in this state, may be relieved of such forfeiture, or may be restored to 
 its right to do business in this state, upon making application therefor in writing and 
 paying the license tax and penalties prescribed by said act, for nonpayment of which 
 such forfeiture occurred. Application for restoration under the provisions of this sec- 
 tion shall be made in writing, shall be signed by four-fifths of the surviving trustees 
 or directors of said corporation, duly verified by said trustees or directors and filed with 
 the state controller. Upon payment of the moneys due this state under the provisions 
 of said act for the one year in which such forfeiture occurred, together with any tax 
 levied in such year under subdivision (d) of section fourteen, article XIII of the con- 
 stitution by the state board of equalization, and the license tax due under the provisions 
 of this act, the state controller shall issue a certificate of revivor to such corporation, 
 and thereupon such corporation is revived and its powers restored to full force and 
 effect. 
 
 The revivor of a corporation, under the provisions of this section, shall be without 
 prejudice to any action or proceeding, defense or right, which has occurred by reason 
 of the original forfeiture. 
 
 Use of new name. 
 
 In case the name of any corporation which has suffered the forfeiture prescribed by 
 either of said acts first in this section above mentioned, has been adopted by any other 
 corporation since the date of said forfeiture, or in case any corporation has adopted 
 subsequent to such forfeiture any name so closely resembling the name of such reviving 
 corporation as will tend to deceive, then such reviving corporation shall be entitled 
 to a certificate of revivor pursuant to the terras of this section only upon the 
 adoption by such corporation seeking revivor of a new name, and in such case 
 nothing in this section contained shall be construed as permitting such reviving 
 corporation to carry on any business under its former name. Such reviving cor- 
 poration shall have the right to use its former name or take such new name only 
 upon filing an application therefor with the secretary of state, and upon the issuing of 
 a certificate to such corporation by the secretary of state, setting forth the right of 
 such corporation to take such new name or use its former name as the case may be. 
 The secretary of state shall not issue any certificate permitting any corporation to take 
 or use the name of any corporation heretofore organized in this state and which has not 
 suffered a forfeiture under either of the acts in this section first above mentioned, or to 
 take or use a name so closely resembling the name of any corporation heretofore oi^an- 
 ized in this state as will tend to deceive. 
 
 The provisions of title nine, part three of the Code of Civil Procedure, in so far as 
 they conflict with this section of this act are not applicable to corporations seeking 
 revivor under this act. 
 
 Surrender of right to engage in intrastate business. 
 
 § 15. Any foreign corporation may surrender its right to engage in intrastate busi- 
 ness in this state by filing with the corporation license tax exemption board an affi
 
 441 CORrORATIONS. Act 1041, §§ lG-19 
 
 davit, sworn to by the president of such corporation, which shall contain a concise 
 statement of the nature, character and manner of doing any business of any kind that 
 such corporation may thereafter intend to transact in this state. Said corporation 
 shall furnish such other or additional information as may be required by said board. 
 Said board shall consider such application and the order of such board approving the 
 same shall terminate the right of such corporation to transact intrastate business in 
 this state. Any person transacting any intrastate business in this state in behalf of 
 such corporation after approval of such application to surrender such privilege shall be 
 guilty of a misdemeanor and punishable as provided in section eleven of this act. 
 
 False statement. 
 
 $ 16. Any false statement contained in any of the affidavits herein required shall 
 constitute pei'jury, and shall be punishable as such. 
 
 Moneys paid. 
 
 $17. All moneys herein required to be paid shall, upon collection, be immediately 
 paid into the state treasury. 
 
 Statutes unaffected. 
 
 § 18. Nothing in this act shall be construed as affecting or repealing any statute of 
 this state respecting the assessment of franchises and levying of taxes thereon, as 
 required by section fourteen, article XIII of the constitution and chapter three hundred 
 thirty-five of statutes of one thousand nine hundred eleven of this state and amend- 
 ments thereof. 
 
 Title. 
 
 $ 19. This act shall be known as the "corporation license act." 
 
 The amending act contained the following: 
 In effect. 
 
 § 2. This act, inasmuch as it provides for a tax levy, shall, under the provisions of 
 section one of article IV of the constitution, take effect immediately. 
 
 The original act contained the following: 
 In effect when. 
 
 § 19. The provisions of this act in so far as they relate to the payment of the license 
 tax provided for in section four of this act shall take effect on the first day of January, 
 1916, and as to all other provisions this act shall take effect ninety days after final 
 adjournment of the forty-first session of the legislature. 
 
 1. "Doing business" in California. — Main- forfeiture of charter, the directors are trus- 
 
 taining general ofRces in California, where tees for the purpose of winding up its af- 
 
 all its corporate affairs are conducted, con- fairs. — Talcott Land Co. v. Hirshiser, 30 Cal. 
 
 stitutes "doing business" in the state within App. Dec. 586. 
 
 the meaning of the act, although a foreign 4. In a stoclcholder's suit against the 
 
 corporation, organized and existing, under directors of a corporation to compel the re- 
 
 the laws of another state and owning and turn of money of the corporation unlawfully 
 
 operating a railroad wholly in the state of distributed to stockholders, an averment in 
 
 Its organization. — Bullfrog, etc., Co. v. Jor- the answer that the corporation has for- 
 
 dan. 174 Cal. 342, 163 Pac. 40. feited its charter is, In the absence of a spe- 
 
 ::. Upon forfeiture of tlie corporate fran- cial demurrer, or motion to strike out a 
 
 ohiMe, the corporation is dissolved by opera- sufficient supplemental plea in abatement, 
 
 tion of law. — Talcott Land Co. v. Hirshiser, and raised a substantial issue in behalf of 
 
 30 Cal. App. Dec. 586. defendants, and a demurrer should not have 
 
 See Act 1021, notes. been sustained. — Freeman v. Glenn Co. Tele- 
 
 S. Upon dissolution of corporation by phone Co., 28 Cal. App. Dec. 967.
 
 Act 1042, g§ 1-4 GCKCRAL L,AtVS. 449 
 
 "INDUSTRIAL LOAN COMPANIES." 
 
 ACT 1042 — An act defining industrial loan companies, providing for their incorporation, 
 
 powers and supervision. 
 
 History: Approved May IS, 1917. In effect July 27, 1917. Stats. 
 1917, p. 658. 
 
 "Industrial loan company." 
 
 $1. The term "industrial loan company" as used in this act means any corpora- 
 tion which in the regular course of its business loans money and issues its own choses 
 in action under the provisions of this act. 
 
 Incorporation. 
 
 ^ 2. Corporations may be incorporated under and by virtue of this act in the same 
 manner as corporations under and by virtue of chapter one of title one of part four, 
 division first of the Civil Code, except as otherwise herein provided. 
 
 v. 
 
 Capital stock. Shares. Capital stock paid. 
 
 $ 3. The capital stock of any corporation incorporated under the provisions of this 
 act shall not be less than twenty-five thousand dollars in any city having a population 
 of twenty-five thousand inhabitants or more and less than fifty thousand; and shall not 
 be less than fifty thousand dollars in Siny city having fifty thousand or more inhabi- 
 tants, and less than one hundred thousand; and shall not be less than one hundred 
 thousand dollars in any city having one hundred thousand or more inhabitants, accord- 
 ing to the last official census. The capital stock of any such corporation shall be 
 divided into shares of the par value of one hundred dollars each. Before the articles 
 of incorporation of any corporation, incorporated under the provisions of this act, 
 are filed, there must be paid in cash for the benefit of the corporation to a treasurer, 
 elected by the subscribers, not less than twenty-five per cent of the amount of the cap- 
 ital stock; the balance of the capital stock shall be paid in cash to the corporation at the 
 rate of not less than ten per cent per month, following the initial payment. No corpo- 
 ration organized hereunder shall create more than one class of stock. ;^ 
 
 Powers of corporation. 
 
 § 4. Every corporation under the provisions of this act shall have power: 
 
 First — To loan money on personal security, or otherwise, and to deduct interest there- 
 for in advance at the rate of six per cent per annum^ or less, and, in addition, to receive 
 and to require uniform weekly or monthly installments on its certificates of investment, 
 purchased by the borrower simultaneously with the said loan transaction, or otherwise, 
 and pledged with the corporation as security for the said loan, with or without an 
 allowance of interest on such installments. 
 
 Second — To sell or negotiate choses in action for the payment of money at any time, 
 either fixed or uncertain, and to receive payments therefor in installments or otherwise, 
 with or without an allowance of interest upon such installments. Nothing herein con- 
 tained shall be construed to authorize corporations hereunder to receive deposits or to 
 issue certificates of deposit. The issuance of choses in action herein authorized shall 
 be approved as to form by the commissioner of corporations and shall bear the endorse- 
 ment on the face of the instrument "This is not a certificate of deposit." 
 
 Third — To charge for a loan, made pursuant to this section, one dollar for every fifty 
 dollars, or fraction thereof loaned, for expenses, including any examination or investi- 
 gation of the character and circumstances of the borrower, and the drawing and taking 
 acknowledgment of any papers, or other expenses incurred in making the loan. No 
 charge shall be collected unless a loan shall have been made, and in no case shall such 
 charge exceed five dollars.
 
 443 CORPORATIONS. Act 1042, §§ 5-S 
 
 Fourlh — To establish branch offices, or places of business, within the county, in 
 ■which its principal place of business is located, but not elsewhere. 
 
 In addition to the powers herein enumerated, every corporation, under the provisions 
 of this act, shall have the general powers conferred upon corporations by chapter three, 
 title one, part four, division first, of the Civil Code, except as herein otherwise provided. 
 
 Limitations on corporations. 
 
 ^ 5. No corj^oration under the provisions of this act shall: 
 
 ^a) Hold at any one time the obligation or obligations of any person, firm or corpo- 
 ration, for more than two per cent of the amount of the capital and surplus of such 
 industrial loan company. 
 
 (b) Make any loan, under the provisions of this act, for a longer period than one 
 year from the date thereof. 
 
 (c) Deposit any of its funds with any other moneyed corporation, unless such corpo- 
 ration has been designated as such depository by a vote of the majority of the directors 
 or of the executive committee, exclusive of any director who is an officer, director or 
 trustee of the depository so designated. 
 
 (d) Invest any of its funds, otherwise than as herein authorized, except in such 
 investments as are by law legal investments for savings banks, or in the choses in action 
 issued by any other corporation organized under this act. 
 
 (e) Have outstanding at any time its investment certificates in an aggregate sum in 
 excess of ten times the aggregate amount of its paid up capital, exclusive of those 
 hypothecated with the company issuing them. 
 
 Holding real estate. 
 
 § G. Every corporation, under the provisions of this act, may purchase, hold and 
 convey real estate for the following purposes, but for no other : 
 
 First — Such as shall be conveyed to it in satisfaction of debts previously '•ontracted 
 in the course of its business. 
 
 Second — Such as it shall purchase at sale under judgments, decrees or mortgage 
 foreclosures under securities held by it, but no such corporation shall bid at any such 
 sale a larger amount than shall be necessary to satisfy its debt and costs. 
 
 Real estate shall be conveyed under the corporate seal of such corporation and the 
 hand of its president or vice-president and manager or treasurer. No real estate 
 acquired in the cases contemplated above shall be held for a longer period than five 
 years. Parcels of such real estate not sold Avithin said time ma}' be purchased by any 
 person Avanting the same, upon the conditions and proceedings provided in section 
 fifty -four of "An act to define and regulate the business of banking," approved 
 March 1. 1909. 
 
 Dividends. 
 
 ^ 7. The directors of every corporation, under the provisions of this act, may at 
 certain times and in such manner as its by-laws prescribe, declare and pay dividends 
 to the stockholders of such corporation, of so much of the net profits of the corpora- 
 tion as may be appropriated for that pui'pose under its by-laws, but before any such 
 dividend is declared, not less than ten per cent of the net profits of such corporation 
 for the preceding half year, or for such period as is covered by the dividend, shall be 
 carried to its surplus until such surplus shall amount to twenty-five per cent of the 
 paid-up capital stock. 
 
 Certificates of investment issued not creation of debt. 
 
 § 8. Issuing certificates of investment and the like in the transaction of the busi- 
 ness of corporations under the provisions of this act shall not be construed to be the 
 creation of debt within the meaning of the phrase "create debt" in section three hun-
 
 Act 1042. §§ 9-11 GENERAL. LAWS. 144 
 
 dred nine of the Civil Code nor of "indebtedness" within the meaning of the phrase 
 "the capital stock can not be diminished to an amount less than the indebtedness of 
 the corporation" in section three hundred fifty-nine of the Civil Code, except that no 
 company organized hereunder shall reduce its capital stock to an amount less than is 
 required by this act to be maintained by such company or less than any indebtedness 
 of such company other than such investment certificates. 
 
 Taxed. 
 
 § 9. Corporations, under the provisions of this act, shall be taxed the same as other 
 general corporations. 
 
 Subject to investment companies act. 
 
 § 10. Corporations under the provisions of this act shall be subject to the provisions 
 and regulations of "An act to define investment companies, investment brokers and 
 agents; to provide for the regulation, supervision and licensing thereof; to provide 
 penalties for the violation thereof; to create the office of commissioner of corporations 
 and making an appropriation therefor," approved May twenty-eighth, nineteen hun- 
 dred thirteen, and any additions or amendments thereto. 
 
 Order to discontinue violation of law. 
 
 § 11. If it shall appear to the commissioner of Corporations that any comi^any here- 
 imder has violated or failed to comply with the provisions of its articles of incorpora- 
 tion, or any law of this state, or whenever it shall appear from the report of any com- 
 pany hereunder, or the commissioner shall have reason to conclude, that the capital, of 
 any company hereunder is impaired or reduced below the amount required by law, 
 he may, by an order under his hand and official seal, addressed to such company, direct 
 such company to discontinue such violation and to comply with the law, or to make 
 good the deficiency or impairment of capital alleged by him to exist within sixty days 
 after the date of such requisition; or 
 
 Order to discontinue unsafe practices. 
 
 If it shall appear to the commissioner that such company is conducting business in an. 
 unsafe or injurious manner, he may, in like manner, direct the discontinuance of any 
 such unsafe or injurious practices. Such orders shall require such company to show 
 cause, before the commissioner, at a time and place to be fixed by him, why said order 
 should not be observed. If upon such hearing it shall appear to the commissioner that 
 such order should be made final he shall proceed to do so, and such company shall 
 immediately comply with such order made by the commissioner of corporations. 
 
 Suit to restrain enforcement. 
 
 Such company shall have ten days after any such order is made final in which suit 
 may be commenced to restrain enforcement of such order and unless such action be so 
 commenced and enforcement of such order be enjoined within ten days by the court 
 in which such suit is brought, then such company shall comply with such order. 
 
 Commissioner of corporations may take possession of property. 
 
 Upon failure of any company to comply with such order or if any such company shall 
 refuse to submit its books, papers and concerns to the inspection or examination of the 
 commissioner of corporations, or to any one authorized by him to make such examina- 
 tion or if any officer of such company shall refuse to be examined upon oath touching 
 the concerns of such company, or if any such company shall neglect or refuse to obsen'e 
 anv order made by the commissioner of corporations pursuant to his supervision as 
 authorized by this act, the commissioner of corporations may forthwith take possession 
 of the property and business of such core]iaiiY and retain such possession until such
 
 445 COSTS. Act 1051, §g 1, 2 
 
 company shall resume business or its a£fairs be finally liquidated. On taking possession 
 of the property and business of any such company, the commissioner of corporations 
 may proceed to liquidate the same in the manner provided by the bank act. 
 
 Powers of commissioner of corporations not affected, 
 
 § 12. Nothing in this act contained shall be deemed or construed as a limitation or 
 restriction of or as in any way affecting the power or discretion of the commissioner 
 of corporations, under the investment companies act or any other statute now or here- 
 after in effect, to issue a permit authorizing any corporation under the provisions of 
 this act to issue and dispose of choses in action in such amounts and upon such terms 
 and conditions as he may in such permit provide and to impose such conditions as he 
 may deem necessary to the issue of such securities and t© establish such rules and 
 regulations as may be reasonable or necessary to insure the disposition of the proceeds 
 of such securities in the manner and for the purposes provided in such permit and from 
 time to time for cause to amend, alter or revoke any permit issued by him or to refuse 
 to issue such permit or otherwise authorize the issue of such securities. 
 
 CORTE MADERA. 
 See Act 3094, note. 
 
 CHAPTER 74. 
 
 COSTS. 
 
 References: Costs In actions for libel, see post Act. 2527. 
 
 Costs in general, see appropriate title in Kerr's Cyc. Code of Civil Procedure, Kerr's 
 
 Cyc. Penal Code, and Kerr's Cyc. Political Code. 
 Costs in trial of convicts, see ante Act 996. 
 Costs on removal of criminal actions, see Kerr's Cyc. Political Code, §§ 4308, 4309. 
 
 CONTENTS OF CHAPTER. 
 ACT 1051. Costs in CrviL Action for Serving Summons and Subpoena. 
 
 SERVICE OF SUMMONS AND SUBPOENAS IN CIVIL ACTIONS. 
 ACT 1051 — An act concerning the costs in civil actions for serving summons and 
 subpoenas. 
 
 History: Approved March 10, 1891, Stats. 1891, p. 56. 
 
 Fees for serving writ. 
 
 $ 1. In all civil actions, when a summons or subpoena is served by a person other 
 than the sheriff, the person so serving shall be allowed by the court issuing the pro- 
 cess such sum as the court may think proper, not exceeding the amount allowed sheriffs 
 by law. 
 
 $ 2. This act shall take effect from and after its passage. 
 
 COTENANCY. 
 
 See appropriate title, Kerr's Cyc. Codes. 
 
 COUNTERFEITING. 
 See same title, Kerr's Cyc. Penal Code. 
 
 Service of Mnmmons In civil actionct. by person Other than sheriff. — See Kerr's Cjro. Code 
 
 Civil Procedure. S 410.
 
 Acts 1071, 1075, g 1 GENERAL LAWS. 446 
 
 CHAPTER 75. 
 
 COUNTIES. 
 
 References: County bonds, see tit. "Bonds." 
 
 County boundaries, see tit. "County Boundaries," and appropriate title, Kerr's Cyc. 
 
 Political Code. 
 County government, see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 County classification, see Kerr's Cyc. Political Code, §§ 4006, et seq. 
 County and township officers, see Kerr's Cyc. Political Code, §§ 4013, et seq. 
 General provisions relating to counties, see Kerr's Cyc. Political Code, §§ 3969, et seq. 
 Gifts to counties, see Kerr's Cyc. Political Code, §§ 453a, 4052; and Kerr's Cyc. Civil 
 
 Code, § 1275. 
 Judgments against counties, see tit. "Judgments." 
 
 Mobilization sites, acquisition and conveyance to United States, see post Act. 5463. 
 Particular counties, see particular title. 
 
 Particular subject relating to counties, see particular title. 
 Taxes, see Kerr's Cyc. Political Code, tit. "Taxation." 
 Taxes, collection of, on formation of new county, see Kerr's Cyc. Political Code, 
 
 § 3975. 
 Transfer of moneys, on formation of new county, see Kerr's Cyc. Political Code, 
 
 § 3975a. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1071. Claims of Counties Against State. 
 
 1075. Formation, Organization and Classification op New Cou>fTiES. 
 
 1076. Misappropriated School Money. 
 
 1077. Eeports of Financial Transactions. 
 
 CLAIMS OF COUNTIES AGAINST THE STATE. 
 ACT 1071 — An act authorizing the allov/ance, settlement, and payment of claims of 
 counties against the state. 
 
 History: Approved March 9, 1893, Stats. 1893, p. 109. 
 
 § 1. On the presentation of the claim of any county of this state, or treasurer 
 thereof, to the state controller for commissions, charges, or fees fixed or directed to 
 be allowed by law for the collection of state taxes, the said commissions, charges, or 
 fees for which claim is made, not having been allowed by the state, and the same 
 having been paid into the state treasury, thereupon the state controller shall, in the 
 next settlement thereafter to be made with the treasurer of the county presenting such 
 claim, allow to be retained out of any moneys then in the hands of such treasurer 
 belonging to the state, the amount of such claim ; provided, however, that the moneys 
 thus retained shall be paid into the county treasury, and shall be the property of such 
 count}'. 
 
 § 2. This act shall take effect immediately. 
 
 Act does not fix fees or charges against Yolo v. Colg-an, 132 Cal. 265, 84 Am. St. Rep. 
 
 the state, but provides for the allowance of 41, 64 Pac. 403. 
 
 fees and commissions, which, having been Claims against counties in general. — See 
 
 paid into the state treasury, might be al- Kerr's Cyc. Political Code, §§ 4074, et seq. 
 lowed in the next settlement. — County of 
 
 FORMATION, ORGANIZATION AND CLASSIFICATION OF NEW COUNTIES. 
 
 ACT 1075 — An act to provide for the formation, organization, and classification of new 
 counties, for locating the county seats, for the election and appointment of officers 
 and for the adjustment and fulfillment of the rights and obligations arising between 
 such new counties and other counties. 
 
 History: Approved March 15, 1907, Stats. 1907, p. 275. Amended 
 
 March 8, 1909, Stats. 1909, p. 194. 
 
 Creation of new counties. Restrictions. Existing debts liability for. 
 
 § 1. New counties may from time to time be formed and created in this state from 
 portions of one or more counties already in existence in the manner set forth in this act ; 
 provided, however, that no new county shall be established which will reduce any
 
 ■ 
 
 447 COUNTIES. Act 1075, § 2 
 
 county to a poiDulation of less than 20,000, nor shall any new county be formed contain- 
 ing a population less than 10,000, nor shall any line of such new county pass within 
 five miles of a county seat of any county proposed to be divided. In every case where 
 the county seat of a county sought to be divided is situated at or within the boundary 
 of any incorporated town or city, such county seat shall for the purj^oses of this act, 
 be held to include and to be coteiTuinous with the territory included within the bounda- 
 ries of the incorporated town or city whereat or wherein the county seat of the county 
 sought to be divided is situated, as such boundaries are legally fixed and determined at 
 a date of the filing of the petition or petitions referred to in section two of this act; 
 nor shall any new county be formed which shall reduce to less than twelve hundred 
 square miles the area of any existing county from which tenitory is taken to form 
 such new county. Every county which shall be enlarged or created from territory 
 taken from any other county or counties shall be liable for a just proportion of the 
 existing debts and liabilities of the county or counties from which such territory shall 
 be taken, to be determined as hereinafter provided. [Amendment of March 8, 1909. 
 Stats. 1909, p. 195.] 
 
 Petition for formation. Number of signers required. 
 
 ^ 2. Whenever it is desired to divide any county or counties then existing and form 
 a new county out of a portion of the territory of such then existing county or counties, 
 a petition shall be presented to the board of supervisors of the county from which said 
 new countj' is to be formed in case said county is to be formed from but one county, 
 or to the board of supervisors of the county from which the largest area of ten*itory 
 is proposed to be taken for the formation of such new county in case said new county 
 is to be formed from p- .tions of two or more existing counties. Such petition shall 
 be signed by at least sixty-five per cent of the qualified electors residing within the 
 designated boundaries of the proposed new county as set forth in said petition, and 
 not less than fifty per cent of the qualified electors residing within the county or 
 counties out of which the proposed new countj'^ is to be carved. A qualified elector, 
 within the meaning of this act, is one whose name appears on the great register or 
 registers used at the general election held in the county or counties last preceding the 
 presentation of said petition to the board of supervisors as herein provided. In cases 
 where the proposed new county is to be formed from portions of two or more existing 
 counties, separate petitions shall be presented from each county and each of said sepa- 
 rate petitions shall be signed by at least sixty-five per cent of the qualified electors 
 residing within each part or portion of each county out of which it is proposed to form 
 the new county, and by not less than fifty per cent of the qualified electors residing 
 in each of the counties out of which the proposed new county is to be carved. Such 
 signatures need not be affixed to one paper, but may be signed to several petitions, but 
 each must be identical in form, and when so signed the several petitions may be 
 fastened together and shall be treated and presented as one petition. Such petition 
 or petitions shall contain: 
 
 What petition shall contain. 
 
 "A particular description of the boundaries of the proposed new county to be 
 formed; and a statement that no line thereof passes within five miles of the countj' 
 seat of any county proposed to be divided; 
 
 "A statement of the population in such proposed county, as near as may be; 
 
 "A statement of the population remaining in the county or each of the counties from 
 which such new county is to be established, as near as may be; 
 
 "A statement of the area in square miles which will remain in the county or counties 
 from which territorj^ is taken to form such new county, after such new county is formed; 
 
 "The name of the proposed new county;
 
 Act 1075, § 2 GENERAL LAWS. 448 
 
 "A prayer that such proposed new county be organized into a new county under the 
 provisions of this act. 
 
 Affidavit to petition. 
 
 There shall be attached to and filed with said petition or petitions the affidavits of 
 three qualified electors and tax payers within each county sought to be divided to the 
 effect that they have read said petition or petitions and examined the signatures 
 aflSxed thereto and that they believe that the statements therein are true and that it 
 is signed by at least sixty-five per cent of the qualified electors of the proposed new 
 county, or of the proposed portion thereof taken from each existing county, where the 
 proposed new county is to be formed from portions of two or more existing counties, 
 and by not less than fifty per cent of the qualified electors of the entire county out of 
 which a new county is to be carved, and if the proposed new county is to be formed 
 from two or more counties, than [sic] that it is signed by not less than fifty per cent of 
 the qualified electors of each county out of which it is proposed to form said new county; 
 that the signatures affixed thereto are genuine, and that each of such persons so signing 
 was a qualified elector of such county therein sought to be divided, at the date of such 
 signing. 
 
 Verification prima facie true. 
 
 Such petition or petitions so verified, and the verification thereof shall be accepted 
 in all proceedings permitted or provided for in this act, as prima facie evidence of the 
 truth of the matters and facts therein set forth. 
 
 Hearing, fixing date for. 
 
 Upon the filing of such petition or petitions and affidavit with the clerk of the said 
 board of supervisors said board shall forthwith fix a date to hear the proof of the said 
 petitioners and of any opponents thereto, which date must not be less than thirty nor 
 more than forty days, subsequent to the filing of such petition with the clerk of said 
 board. 
 
 Publication of notice. 
 
 Said board of supervisors shall also at the same time designate a newspaper of gen- 
 eral circulation published in the old county or each of the old counties, but not within 
 the proposed new county, and also a newspaper of general circulation published within 
 the boundaries of the proposed new county, if there be such, in which the said board 
 shall order and cause to be published at least once a week for two weeks next preceding 
 the date fixed for such hearing, a notice in substantially the following form: 
 
 Form of notice. 
 
 NOTICE. 
 
 Notice is hereby given that a petition has been presented to the board of supervisors 
 
 of county, (naming county represented by the board of supervisors 
 
 with which said petition was filed) praying for the formation of a new county out of 
 
 a portion of the said county and county (naming the 
 
 county or counties out of which it is proposed to form the new countj'), and that said 
 petition will be heard by the said board of supervisors at its place of meeting (desig- 
 nating the city or town and the day and hour of the meeting so to be held) when and 
 where all persons interested therein may appear and oppose the granting of said peti- 
 tion and make any objection thereto. 
 
 Dated 
 
 By order of the board of supervisors, of county. 
 
 By chairman. 
 
 Attest : 
 
 county clerk.
 
 440 COUNTIES. Act 1075, § 2 
 
 Bond of petitioners. 
 
 Said i^etitioners shall on or before the date fixed for said hearing, or on or before the 
 date to which said hearing may have been adjourned, file with the said board of super- 
 visors a bond to be approved by said board, in such amount as the said board shall 
 designate, but not exceeding ten thousand dollars, payable to the county in which said 
 petition is filed, conditioned that the obligors named in said bond will pay to said 
 county all expenses incurred in the proceedings and elections provided for in this act, 
 not exceeding the amount specified in said bond, in the event that at the election herein 
 provided for the percentages of votes required by the provisions of this act to form a 
 new county are not cast in favor of the formation of such new county. 
 
 Hearing, and what supervisors shall determine. 
 
 At the time so fixed for said hearing the board of supervisors shall proceed to hear 
 the petitioners and any opponents, and may adjourn such hearing from time to time, 
 not exceeding fourteen days in all, and shall receive the proofs offered to establish 
 6r controvert the facts set forth in said petition or petitions, and on the final hearing 
 of such petition or petitions said board shall by resolution entered on its minutes 
 determine : 
 
 1st. The boundaries of the proposed new county, and the boundaries so determined 
 by said board of supervisors shall be the boundaries of such proposed new county 
 if it be created as herein provided. 
 
 2nd. Whether the said petition contains the genuine signatures of at least sixty- 
 five per cent of the qualified electors of the proposed new county, and of fifty per 
 cent of the qualified electors residing within the county out of which the new county 
 is to be carved as herein required, and in cases where said separate petitions are 
 presented from portions of two or more counties, as herein required, whether each 
 petition is signed by not less than sixty-five per cent of the qualified electors residing 
 within that part or portion of each county out of which it is proposed to carve a 
 new county and not less than fifty per cent of the qualified electors of each of the 
 existing counties out of which it is proposed to form a new county, as herein provided. 
 
 3rd. Whether the establishing of the proposed new county will reduce the popula- 
 tion of any county proposed to be divided to less than twenty thousand. 
 
 4th. Whether the proposed new county will contain a population of at least ten 
 thousand. 
 
 5th. Whether any line of the proposed new county passes within five miles of the 
 county seat of any county proposed to be divided. 
 
 6th. Whether the area of any existing county from which territory is taken to form 
 such new county will be reduced to less than twelve hundred square miles by taking 
 the territory proposed to be taken therefrom to form such new county. 
 
 7th. The class to which said proposed new county after its creation, shall belong, 
 and the name of said proposed new county as herein provided. 
 
 Determining population. 
 
 In determining the population of the proposed new county and the population 
 remaining in any county proposed to be divided after such division, the board of 
 supervisors shall assume that such population is five times the number of names of 
 qualified electors recorded on the great register at the date when said petition is filed 
 in each of the counties proposed to be divided, as residents in the territory of which 
 the population is required to be determined. 
 
 Board may exclude territory. Petitions for exclusion. 
 
 On the final hearing said board of supervisors must, upon petition of not less than 
 fifty per cent of the qualified electors of any territory lying within said proposed new 
 
 Gen. Laws — J9
 
 Act 1075, e 3 GENERAL LAWS. 450 
 
 county and contiguous to the boundary line thereof, and lying entirely "within a single 
 old county, and described in said petition, asking that said territory be not included 
 within the pi'oposed new county, make such changes in the proposed boundaries as will 
 exclude such territory from such new county, and shall establish and define such 
 boundaries; provided that any changes made by said board shall not reduce the popu- 
 lation of the proposed new county to less than ten thousand; petitions for exclusion 
 shall be disposed of in the order in point of time in which they are filed with the 
 clerk of the board of supervisors and on final determination of boundaries no changes 
 in the boundaries originally proposed shall be made except as prayed for in said 
 petition or petitions or to correct clerical errors or uncertainties. 
 
 Copy of petition to be filed in each county. 
 
 When the proposed new county is to be formed from two or more existing counties, 
 the board of supervisors with which said petition shall have been filed, shall upon the 
 adoption of a resolution provided for in this section, cause a certified copy of such 
 resolution to be filed with the board of supervisors of each county out of which it is 
 proposed to carve territory to constitute the new county. [Amendment of March 8, 
 1909. Stats. 1909, p. 195.] 
 
 Determination of supervisors. Division into townships, etc. Notice of election on 
 proposition. 
 
 $ 3. If the said board of supervisors determine that the formation of the said 
 proposed new county will not reduce the population of any county proposed to be 
 divided to less than 20,000, nor the area thereof to less than twelve hundred square 
 miles, and that the proposed new county contains a population of at least 10,000, and 
 that no line of said proposed new county passes within five miles of the county seat 
 of any county proposed to be divided, and that the said petition contains the genuine 
 signatures of at least sixty-five per cent of the qualified electors residing in the teiTi- 
 tory defined by the boundaries of the proposed new county, and fifty per cent of 
 the qualified electors residing within the existing county, when the proposed new 
 county is to be formed from territory of only one county; but when said proposed new 
 county is to be formed from territory of two or more counties and separate petitions 
 are presented, then that said petitions contain the genuine signatures of at least 
 sixty-five per cent of the qualified electors residing within that part or portion of 
 each of the existing counties out of which it is proposed to create a new county, and 
 not less than fifty per cent of the qualified electors of each of the existing counties 
 from which the new county is to be carved, then said board of supervisors shall divide 
 the proposed new county into a convenient number of judicial townships, road and 
 school districts, and define their boundaries and designate the names of said dis- 
 tricts and each of them; they shall also divide the proposed new county into five 
 supervisorial districts to contain as nearly as practicable an equal population, and 
 number said districts; they shall also, if necessary for the purposes of the election 
 hereinafter provided for, change the boundaries of the election precincts in said old 
 county or counties to make the same conform to the boundaries of the proposed new 
 county; provided that the boundary lines of no such precinct shall extend beyond the 
 boundary lines of the existing county in which it is located and from which the terri- 
 tory is proposed to be taken; and said board shall appoint the election officers to act 
 at said election and to be paid by said board. Within two weeks after its determina- 
 tion of the truth of the allegations of said petition as aforesaid, the said board of 
 sui)ervisors shall order and give proclamation and notice of an election to be held in 
 the county in which said petition is filed on a specified day not less than sixty days 
 nor more than ninety days thereafter, for the purpose of determining whether sueli 
 ten-itory described in the petition shall be established and organized into a new county.
 
 151 cor XTIES. Act 1075, § 3 
 
 When the petition calls for the organization of a new county out of territory of two 
 or more existing counties, a certified copy of such election proclamation and notice 
 shall be immediately mailed to the board of supervisors of each county from the 
 territory of which a part of the proposed new county is taken. Within two weeks after 
 the receipt of said certified copy each board of supervisors receiving same shall issue 
 a like proclamation and notice of an election to be held on the same specified day for 
 the purpose of determining whether said territory shall be established and organized 
 into a new county. 
 
 Notice of election of officers. 
 
 At the same time that the board of supervisors before which the petition for the 
 organization of a new county is pending issues a proclamation and notice of election 
 for the purpose of determining whether such county shall be established and organized 
 into a new county, it shall issue a proclamation and notice of an election to be held 
 on the same day in the territory which is proposed to be taken for the new county for 
 the election of officers and the location of the county seat therefor in the event that 
 the vote at the election called in the county or counties out of which the new county 
 is to be carved shall be in favor of establishing and orgattizing the said new county. 
 
 Who entitled to vote. 
 
 All qualified electors of the county or counties from which territory is taken to 
 form such proposed new county and who shall have been such qualified electors ninety 
 days prior to date of such election, shall be entitled to vote at such election to deter- 
 mine whether or not such territory shall be established and organized into a new county, 
 and all qualified electors resident within the territory included within the boundar\' 
 lines of the proposed new county as established by the board of supervisors and who 
 are qualified electors of the county or counties from which territory is taken to form 
 such proposed new county and who shall have been such resident qualified electors 
 ninety days prior to date of said election, shall be entitled to a v^te at said election 
 for the election of officers and the location of a county seat therefor. Registration 
 and transfers of registration shall be made and shall close in the manner and at a 
 time provided by law for registration and transfers of registration for a general 
 election in the state of California. 
 
 Publication of proclamation. Ballots. 
 
 Such proclamation and notice of election to determine whether such county shall 
 be established and organized into a new county shall be published in each county 
 territorially affected by the proposed organization at least once a week for three weeks 
 before the holding of such election, in some newspaper of general circulation published 
 in the county or counties out of which it is proposed to take territory for the organiza- 
 tion of such new county. Such proclamation and notice shall require the voters to 
 cast ballots which shall contain the words "For the new county of (giving name of 
 the proposed new county) Yes," and "For the new county of (giving name of the 
 proposed new county) No," and each voter desiring to vote for the establishment and 
 organization of said new county shall stamp a cross (X) opposite the words "For the 
 new county of Yes," and each voter desiring to vote against the estab- 
 lishment and organization of said new county shall stamp a cross (X) opposite the 
 
 words "For the new county of No," in the manner now required by law 
 
 in other elections. 
 
 Publication of proclamation for election of officers. Ballots. 
 
 The board of supervisors before whom the petition for the organization of the new 
 county is pending, shall also issue an election proclamation and notice for the election 
 of officers and the locating of a count}- seat, which election shall be held only in the
 
 1 
 
 Act 1075, 8 3 GENKRAL, LAWS. 452 
 
 territory included within the boundaries of the proposed new county as set forth iu the 
 petition. Said election proclamation and notice shall provide for holding the election 
 of officers and the location of the county seat on the same day and at the same polling 
 places within the territorjf described in the petition, and at which the election is held 
 to determine whether such territory shall be established and organized into a new 
 county and the same election officers shall serve at both elections. A copy of the 
 election proclamation and notice for the election of officers and the locating of a county 
 seat shall be immediately mailed by the county clerk of the county in which petition 
 is filed to the county clerk of each county from which territory is taken for the pro- 
 posed new county, such proclamation and notice shall require the voters to cast ballots 
 which shall contain the words, 'Tor county seat" with a blank space left below said 
 words and the voter shall write his choice in said space, and the name so written 
 shall be counted as the voter's choice for county seat whether a cross (X) shall be 
 marked after said name or not, or whether said name shall be written in ink or pencil. 
 And said proclamation shall also contain the names of persons to be voted for to fill 
 the various offices designated in said proclamation for counties of the class to which 
 said proposed new county will belong as determined by the board of supervisors as 
 herein directed and in the manner provided by law, except as herein otherwise 
 provided. 
 
 Election supplies. 
 
 The proclamation calling for the election of officers and the locating of the county 
 seat shall be made and given exclusively by the board of supervisors with which is 
 filed the petition for the formation and establishment of such new county and such 
 board shall cause the clerk of said county to furnish to the officers of each precinct 
 in said proposed new county, all ballots, poll lists, tally lists, registers for voters' 
 signatures, ballot boxes and other election supplies and equipment necessary to con- 
 duct election, and which are not hereinafter specifically directed to be furnished by the 
 clerk of another county or counties. 
 
 Conduct of election. 
 
 Such election shall be governed and controlled by the general election laws of the 
 state so far as the same shall be applicable, except as herein otherwise provided. 
 
 Registers for election officers. 
 
 The county clerk of each county from which territory is taken for the proposed new 
 county shall five days before the date of such election furnish to each board of election 
 within said proposed new county the book of affidavits of registration for the pre- 
 cincts of such proposed new county as are within their respective counties, and the 
 copies of indexes thereof required by law, containing the names of all persons who were 
 qualified electors therein up to ninety days before the date of such election. All 
 returns of elections held within the territorial limits of the proposed new county for 
 the election of officers and locating county seat shall be made to the board of super- 
 visors calling such election and all returns of the election held for the purpose of 
 determining whether such territory^ shall be established into a new county shall be 
 made to the board of supervisors of the then existing county in which said election is 
 held. 
 
 Certificates of nomination. 
 
 All certificates of nomination of candidates for the offices required to be filled at 
 said election shall be filed with the county clerk of the county represented by the ■I 
 board of supervisors calling said election, not less than ten days next before the date 
 of such election.
 
 453 COUNTIES. Act 1075, § 4 
 
 Sample ballots not reauired. 
 
 The provisions of the election laws relating to preparation, printing and distrilaition 
 of sample ballots and the provisions of said laws relating to primary elections iu this 
 state shall have no application to any election provided for in this act, [Amendment 
 of March 8, 1909. Stats. 1909, p. 199.] 
 
 Canvass of returns. Declaration of board of supervisors. Resolution to be filed with 
 
 secretary of state. Certificate of election. 
 
 § 4. When the petition is for the organization of a new county out of the terri- 
 tory of two or more counties, each board of supervisors shall upon the completion 
 of a canvass of the vote to determine whether such territory shall be established and 
 organized into a new county, forward to the board of supervisors before whom the 
 said petition is pending, a certified copy of the result of said canvass, giving the 
 total number of votes cast in such county for the organization of said proposed 
 new county, and the total number of votes cast against the establishment and organ- 
 ization of the new county. If upon canvass of all votes cast at such election, it 
 appears that fifty per cent of the total number of all the votes cast in each and 
 every county which will be territorially affected by the organization of such new 
 
 county is "For the new county of Yes," and sixty-five per cent of 
 
 the votes cast within the territorial limits of the proposed new county as estab- 
 lished by the board of supervisors is "For the new county of Yes," 
 
 the board of supervisors shall by a resolution entered upon its minutes declare such 
 territory formed as a county of this state of the class to which the same shall belong. 
 
 under the name of county (naming it), and that the place (naming it) 
 
 receiving the highest number of votes cast at said election for county seat shall be 
 the county seat of said county until removed in the manner provided by law, and desig- 
 nating and declaring the persons receiving respectively the highest number of votes 
 for the several offices to be filled at said election, to be duly elected to such offices, 
 and prescribing the amount in which such officers must execute official bonds, where 
 official bonds are required by law. Said board shall forthwith cause a copy of its 
 said resolution duly certified, to be filed in the office of the secretary of state, and from 
 and after the date of such filing said new county shall be deemed to be fully created, 
 and the organization thereof shall be deemed comj^leted and such officers shall be 
 entitled to enter immediately upon the duties of their respective offices upon qualify- 
 ing in accordance with law and giving bonds for the faithful performance of their 
 duties, as herein required. The clerk of the board of supervisors with which said 
 petition was filed, as herein provided, must immediately make out and deliver to each 
 of said persons so declared and designated to be elected, a certificate of election 
 authenticated by his signature and the seal of said board of supervisors. All the 
 officers elected at said election or aj^pointed under this act shall hold their offices until 
 the time provided by general law for the election and qualification of such officers in 
 this state and until their successors are elected and qualified and for the purpose of 
 determining the term of office of such officers, the years said officers are to hold office, 
 are to be computed respectively from and including the first Monday after the first 
 day of January following the last preceding general election. 
 
 Proceedings if proposition be lost. 
 
 If, however, upon such canvass, it appears that more than thirty-five per cent of 
 the votes cast at the election held for the purpose of determining whether such pro- 
 posed new county shall be established and organized, within the territorial limits of 
 the proposed new county as established by the board of supervisors is "For the new 
 
 county of (naming it) No," or if more than fifty per cent of the total 
 
 vote of any county which will be territorially affected by the organization of said
 
 Act 1075. fS§ 5. 6 GENERAL LAWS. -»5k 
 
 proposed new county is "For the new county of (naming it) No," the 
 
 said board of supervisoi's shall pass a resolution in accordance therewith, and there- 
 upon no further proceedings relative to the organization of said proposed new county 
 nor any other proceeding for the division of any county any portion of which was 
 included within said proposed new county, shall be instituted within one year after such 
 determination. [Amendment of March .8, 1909. Stats. 1909, p. 202.] 
 
 The title of the nmendatory act of 1909 stated that it amended sections 1, 2, and Z of 
 the act; hut in the body of the act section 4 was also amended. 
 
 Ofl&cers of new county. Supervisors. 
 
 § 5. At the election provided for in section three of this act there shall be chosen 
 one judge of the superior court of said new county whose salary shall be $3,000 per 
 annum, payable at the same time and in the same manner as salaries of the judges 
 of the superior court of the several counties of the state are paid; also such other 
 county, township, and district officers as are now or may hereafter by general law be 
 provided for in counties of the class to Avhich said new county is determined to belong 
 as herein provided ; provided, however, that all duly elected, qualified and acting super- 
 visors residing within the proposed new county at the time of the division of such 
 county into supervisorial districts as hereinbefore in section 3 hereof provided, shall 
 hold office of supervisors in said new county for the remainder of the term for which 
 they were elected on qualifying as supervisors for the respective districts in which they 
 reside, as said districts are organized as provided in this act. 
 
 Justices and constables. School trustees. 
 
 Provided also, that all duly elected, qualified, and acting justices of the peace and 
 constables residing within the proposed new county at the time of the division of such 
 county into judicial townships as hereinbefore in section 3 hereof provided, shall hold 
 office as such justices of the peace or constables in said county for the remainder of 
 the term for which they were elected on qualifying as justices of the peace or con- 
 stables for- the respective townships in which they reside, when said townships are 
 organized as provided in this act; also provided that all duly elected, qualified and 
 acting school trustees residing within the proposed new county at the time of the 
 division of such county into school districts as hereinbefore in section 3 hereof pro- 
 vided shall hold office as school trustees in said new county for the remainder of the 
 term for which they were elected on qualifying as school trustees for the respective 
 districts in which they reside as said districts are organized as provided by this act. 
 
 Bond on oath of of&ce. Duties of new officers. 
 
 Each person elected or appointed to fill an office of such new county under the pro- 
 visions of this act shall qualify in the manner provided by law for such officers, except 
 as herein otherwise provided and shall enter upon the discharge of the duties of his 
 office within twenty days after the receipt of the certificate of his election. Each of 
 such officers may take the oath of office before any officer authorized by the law of the 
 state of California to administer oaths and the bond of any officer from which a bond 
 is required shall be approved by any judge of the superior court of any county from 
 which territory was taken to form such new county. The officers elected or appointed 
 under the provisions of this act shall each perform the duties and receive the com- 
 pensation now provided by general law for the office to which he has been appointed 
 or elected in counties of the class to which such new county shall have been deter- 
 mined to belong as herein provided under the general classification of counties in this 
 state. 
 Vacancies in ofl&ce, old county. 
 
 § 6. If by reason of the provisions of section 5 of this act, any vacancies in the 
 offices of supervisors, justices of the peace, constables or school trustees are created 
 
 I
 
 455 
 
 COUNTIES. Act 1075, §§ 7, 8 
 
 in the old county or counties, the vacancies shall be filled, as is now provided by gen- 
 eral laws, for the unexpired terms of such officers respectively ; and the board of super- 
 visors of such old county shall redistriet the territory remaining therein into super- 
 visorial districts and in any of such districts in which none of the remaining 
 supervisors reside the office of supervisor shall be deemed to be vacant and supervisors 
 for such district shall be appointed as by general law provided. 
 
 Supervisors to notify governor. Governor to appoint commissioners. Powers of com- 
 mission. Sheriff to execute orders. 
 
 § 7, It shall be the duty of the persons elected to or continuing to hold the office of 
 supervisors of said new county to meet at the county seat thereof within five days 
 after all of them shall have qualified, and upon organization of said board of super- 
 visors, it shall notify the governor of the state of the organization of said county, and 
 thereupon it shall be the duty of the governor to appoint three persons one of whom 
 shall be a resident and taxpayer within the new county, and no two of whom shall be 
 from any one county; the three persons so appointed shall form and be a board of 
 commissioners. Such commissioners shall within ten days after the notice of their ap- 
 pointment, meet at the county seat of the new county and organize by electing from 
 their number a chairman, and also elect a secretary who must not be a member of said 
 commission. Thereafter such commission may meet at such place or places as it may 
 select. A majority of said commissioners shall constitute a quorum for the trans- 
 action of business. Said commission shall have power to compel by citation or sub- 
 poena signed by their president and secretary' the attendance of such persons and the 
 production of such books and papers before said commission as may be required in the 
 performance of the duties imposed by this act except that the official records of any 
 county or counties from which said new county was formed shall in no case be taken 
 from the county seat of said county. It shall be the duty of the sheriff of any county 
 to execute in his county all lawful orders and citations of the said commission; and for 
 any services so performed the sheriff shall be allowed the same fees as are allowed to 
 him for services in civil actions and all witnesses attending before said commission 
 shall be entitled to the same compensation and mileage as is allowed to witnesses in 
 civil actions; provided, that no witness shall be excused from attendance at the time 
 and place mentioned in said order or citation by reason of the failure of the officer 
 making such service to tender to such witness his fees and mileage in advance. 
 
 General duties of board of commissioners. Indebtedness of old county, how appor- 
 tioned. Indebtedness of new to old county. 
 
 $ 8. Said board of commissioners shall immediately after its organization ascertain 
 the costs of the election held hereunder and apportion the same equally between each of 
 the counties from which territory was taken to form such new county, and said new 
 county, and shall also ascertain the indebtedness of each county from which territory 
 was taken to form the new county, as the same existed at the time when the result 
 of the election thereon was declared by the board of supervisors as hereinbefore pro- 
 vided, and also the total value of all property at that time belonging to each of said 
 counties from which territoi-y was taken, and situate within the limits of said old 
 counties respectively. It shall also ascertain the assessed value of all property in each 
 of the original old counties from which territory was so taken, according to the last 
 completed assessment made for said county, and also the assessed value, under the same 
 assessment, of all property within the territory of the new county which shall have been 
 taken from the old county or counties from which said new county was formed. They 
 shall then find the difference between the amount of the indebtedness of the old county 
 and the value of the property belonging to the old county at the date of the declaration 
 of the result of said election as hereinbefore provided, and if such indebtedness exceeds
 
 *ct 1075, §§ 9, 10 GENERAL LAWS. 456 
 
 the value of such property belonging to the old county, the new county shall pay to the 
 old county a due proportion thereof, to be determined as follows: As said assessed 
 value of the property in the old county is to the said assessed value of the property 
 in the territory provided by this act to be incorporated within the new county from said 
 old county, so is the amount of said excess to the amount to be paid by said new 
 county to said old county. Said board of commissioners shall certify forthwith to the 
 boards of supervisors of the new county and the old counties thereby affected, the 
 amount constituting the due proportion of said excess payable by such new county 
 to each of them; also the value of any property belonging to each old county at the time 
 when said division took effect as hereinbefore provided, which is situated in the new 
 county. The sum of said ascertained value of said last mentioned property added to 
 the ascertained proportion of said excess which the new county is to pay to the old 
 county, and its proportion of the expense of said election as aforesaid, shall be an 
 indebtedness from the new county to the old county, and the said property situated 
 as aforesaid in the new county, shall upon settlement therefor, as provided in this act, 
 become the property of the new county, and the old county shall pay the entire indebt- 
 edness against it, and the expense of said election shall be paid by the county calling 
 6uch election, and any other county affected thereby shall pay its proportion thereof 
 fts hereinbefore provided. 
 
 How debt may be paid. 
 
 The proceedings in this section required to be taken in the ascertainment and adjust- 
 ment of property rights and debts shall be had and taken as between said new county 
 and each of the counties from which territory is taken to form said new county in 
 the manner and at the ratio in said section provided. If upon the settlement between 
 the old and the new county as herein provided for, the new county shall be found to 
 be indebted to the old county or either of the old counties, the money necessary to pay 
 said indebtedness shall be raised by a tax levied upon the property contained in said 
 new county and said new county shall pay the same; provided, however, that such pay- 
 ment by said new county may be made in not more than three equal annual payments, 
 or by funds to be derived from the sale of bonds of said new county, as may be deter- 
 mined by a resolution of the board of supervisors of said new county adopted within 
 one year after the receipt of the statement from the board of commissioners as afore- 
 said of the amount or amounts due from it. 
 
 Compensation of commissioners. Expenses, how payable. 
 
 § 9. Members of the board of commissioners provided for under this act shall 
 receive a compensation of not to exceed $8 per day for every day they are actually 
 employed under the provisions of this. act, together with their actual expenses incurred 
 in the performance of their duties, and the clerk of said board shall receive as com- 
 pensation for his services not to exceed $5 per day for every day that he is actually 
 employed under the provisions of this act, all of which expenses, together with the 
 reasonable expenses of stationery, postage, and incidental expenses shall be borne in 
 equal proportions by the counties affected by such division including said new countj^, 
 and the amounts payable by each county shall be paid by the treasurers of the 
 respective counties after the same shall have been presented to and allowed by the 
 board of supervisors as is provided by law f ot claims against any county. 
 
 General duties of officers of new county. Copies of assessments. 
 
 § 10. After the creation of a new county as herein provided its officers shall pro- 
 ceed to complete all proceedings necessary for the assessment or collection of the state 
 and county taxes for the then current year and all acts and steps theretofore taken by 
 the officers of the old county or counties prior to the creation of the new county shall 
 be deemed and taken as having been performed by the officers of the new couiity for 
 
 1
 
 457 COUNTIES. Act 1075, §§ 11-13 
 
 the benefit of the new county; and upon the creation of the new county it shall be the 
 duty of the officers of the old county or counties to immediately execute and deliver 
 to the board of supervisors of such new county copies of all assessments or other 
 proceeding?, relative to the assessment and collection of the current state and county 
 taxes of property in such new county. Such copies shall be filed with the respective 
 officers of the new county who would have the custody of the same if the proceeding 
 had been originally had in the new county and such certified copies shall be taken and 
 deemed as originals, and original proceedings in the new county, and all proceedings 
 therein recited shall be taken and deemed as original proceedings in the new county, 
 and shall have the same effect as if the proceedings therein stated had been had at 
 the proper time and in the proper manner by the respective officials of the new county, 
 and the officials of the new county are hereby authorized and directed to proceed 
 thenceforth with the assessment and collection of said taxes as if the proceedings 
 originally had in the old county or counties had been originally had in the new county. 
 
 Duty of superintendent of schools. Duty of auditor. Transfer of moneys. 
 
 § 11. The superintendent of public schools of the old county or each of the old 
 counties respectively shall furnish the superintendent of public schools of the new 
 county with a certified copy of the last school census of the different school districts 
 in the territory set apart to form the new county, and draw his warrant on the treas- 
 urer of his county in favor of the treasurer in the new county, for all the money that 
 is or may be due by any apportionment or otherwise to the different school districts 
 embraced in the new countj'-, from his county and the auditor of each old county 
 shall in like manner respectively draAv his warrant on the treasurer of his county 
 in favor of the treasurer of the new county for all money that is or may be due by 
 apportionment or otherwise to the different road and supervisorial or district funds, in 
 the territory set apart to form the new county, from his county, which said amounts 
 shall be properly credited in both counties. And whenever in the formation of a new 
 county, a road, supervisorial or school district has been divided the board of super- 
 visors shall by resolution direct the treasurer to ti'ansfer the proper proportionate 
 amount of the money remaining in the fund of such district to the treasurer of the 
 new county. 
 
 Books and records. Certificate of recorder. 
 
 § 12. The board of supervisors of any new county formed as aforesaid must provide 
 suitable books and have transcribed from the records of the old county or counties all 
 such parts thereof as relate to or affect property or the title thereof situate in the new 
 county, and said records when so transcribed and certified as herein provided shall 
 have the same force and effect as such original records; and the compensation for said 
 services shall be fixed and allowed by the board of supervisors of such new county at 
 not to exceed eight cents per folio for transcribing. The recorder of the old county or 
 counties shall compare the books of such transcripts and attach to each volume a cer- 
 tificate under his seal of office of the correctness of the records therein copied, for 
 which service of comparing he shall be entitled to charge not to exceed two cents per 
 folio, and for each certificate a sum not to exceed twenty-five cents. 
 
 Transfer of actions. 
 
 $ 13. All actions pending in the superior court of the old county or counties for the 
 recoverj' of the possession of, quieting the title to or for the enforcement of liens upon, 
 real estate lying in the new county shall on motion of any party thereto be transferred 
 to the superior court of the new county; and thereafter shall be subject to the same 
 laws as if said action had been originally brought in the superior court of the new 
 county. All other actions or special proceedings pending in the superior court or courts
 
 ^ 
 
 Aft lore, §§ 1, 3 GENERAL LAWS. 458 
 
 of said old county or counties, wliicli might have been commenced in said new county 
 if said new county had been in existence at the date of the commencing thereof, may 
 in the discretion of the court in which it is pending and on motion of any party 
 interested therein, be transferred to the superior court of such new county. 
 
 Posting notices. 
 
 § 14. Whenever in this act publication of any notice is provided for and no news- 
 paper of general circulation is published within the territory in which said notice is 
 required to be published, notice shall be given by posting copies of such notice in at 
 least ten public places in such territory for the same length of time said notice was 
 required to be published. , 
 
 Assembly and senatorial districts. 
 
 ^ 15. The teiTitory within the limits of any new county until otherwise provided by ( 
 
 law shall constitute and continue a part of the assembly and senatorial districts to ' 
 
 which the same belonged prior to such county division. 
 
 Notaries public. 
 
 § 16. The notaries public of the old county who are residents of the territory 
 
 embraced in the new county at the date of its creation shall hold their offices until the I 
 
 expiration of their terms and shall be re-commissioned as notaries public in and for ) 
 
 the new county until the expiration of their terms and the governor shall from time to J 
 
 time appoint such additional notaries public for the new county as he may deem j 
 
 requisite. i 
 
 Penalty for violation of act. | 
 
 § 17. Any member of any board of supervisors or any other oflBcer who violates any 
 of the provisions of this act, or fails to perform any duty imposed upon him hereunder, 
 shall be guilty of a misdemeanor and of malfeasance in office and be deprived of his 
 office by the decree of a court of competent jurisdiction after trial and conviction. 
 
 $ 18. All acts or parts of acts which are in conflict herewith are hereby repealed. i 
 
 § 19. This act shall take effect immediately. I 
 
 MISAPPROPRIATED SCHOOL MONEY. 
 ACT 1076 — An act granting relief to counties by extending the time within which 
 county treasurers are required to make semi-annual settlements with the state con- 
 troller and state treasurer in cases in which school money of such counties have been 
 misappropriated. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1465. 
 
 Misappropriated school money may be deducted at semi-annual settlement. 
 
 § 1. Whenever it shall chance that the state school money of any semi-annual settle- 
 ment retained by any county treasurer, under the provisions of section 3866 of the 
 Political Code, shall have been misappropriated, and as a result thereof, the primary 
 schools of such county are embarrassed for lack of funds, a sum equal to the amount of 
 school money so retained and misappropriated may be deducted from such moneys as 
 the treasurer of such county shall be required to pay over to the state treasurer at the 
 next semi-annual settlement. 
 
 Used for support of primary schools. ^^|B 
 
 § 2. The sum deducted from the moneys due the state at any semi-annual settlement, 
 as provided in section 1 of this act, together with the sum authorized to be retained by 
 {he county treasurer, under the provisions of section 3866 of the Political Code, shall 
 be used for the support of the primary schools of such county.
 
 459 COrXTIES. Act 1077, §§ 1-4 
 
 Supervisors to levy additional tax to pay state. 
 
 ^ 3. The board of supervisors of any county availing itself of the provisions of this 
 act, shall on the third Monday in September, immediately following the semi-annual 
 settlement at which the deduction authorized in section 1 of this act is made, shall 
 provide in the tax rate fixed for county purposes, for an additional tax sufficient to 
 raise a sum equal to the amount deducted, as herein provided for, and said board of 
 supervisors shall thereupon levy such additional tax, as will enable the county to repay 
 the state of California such sum deducted from the semi-annual settlement, and such 
 payment shall be made at the time of the semi-annual May settlement following the 
 date of such levy. 
 
 $ 4. This act shall take effect immediately. 
 
 REPORTS OF FINANCIAL TRANSACTIONS. 
 
 ACT 1077 — An act requiring the compilation and publication of reports of the financial 
 
 transactions of the several counties and municipalities of the state, and making an 
 
 appropriation therefor. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 1071. Amended 
 May 20, 1915. In effect August 8, 1915. Stats. 1915, p. 659. 
 
 Controller to compile annual financial reports of counties and cities. 
 
 § 1. The state controller is hereby directed to compile and publish annually reports 
 of the financial transactions of each county and municipal corporation within the state, 
 together with such other matter as said controller may deem to be of public interest. 
 Such reports shall be made in the time, form and manner prescribed by the said 
 controller. 
 
 County and city officers to furnish reports. 
 
 § 2. It shall be the duty of the officers of each county and municipal corporation 
 having charge of the financial records thereof to furnish to the controller in the time, 
 form and manner required by him, full and true reports of all the financial transactions 
 of such county or municipal corporation during the fiscal year next preceding the time 
 of the making of such reports. 
 
 False financial reports misdemeanor. Penalty for failure to file report. 
 
 ^ 3. Any officer of a county or of a municipality who wilfully and knowingly renders 
 a false report shall be guilty of a misdemeanor. Any officer of a county or of a munic- 
 ipality when designated by the controller to make the report required by this act, who 
 fails, neglects or rel'uses to make and file such report within twenty days after receipt 
 of such designation and request, shall forfeit to the state one thousand dollars to be 
 recovered in an action at law, which, upon the request of the controller, it shall be the 
 duty of the attorney general to prosecute in the name of the people of the state of 
 California. [Amendment of May 20, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 659.] 
 
 Controller to appoint accountant to investigate false reports. 
 
 § 4. In case reports are not made in the time, form and manner required or there is 
 reason to believe that any report is false or incorrect, the controller shall appoint some 
 qualified accountant to make an investigation thereof, and to obtain the information 
 required. The accountant appointed shall report to the controller the results of inves- 
 tigation and a copy thereof shall be filed with the legislative body of the county or 
 municipal corporation, the accounts of which were so investigated. In case a similar 
 investigation has to be made of the accounts of any county or municipal corporation for 
 two successive years, a certified copy of the results of the investigation last made shall
 
 Actl085,gl GEXERAI. I,.V\VS. 400 
 
 be transmitted to tlio crt'imd jury of the county so investigated or in which the municipal 
 corporation so investigated is situated. 
 
 Appropriation. 
 
 § 5. The sum of two thousand dollars, or so much thereof as may be necessary is 
 hereby apj>ropriated out of any moneys not otherwise apjiropriated, to be expended by 
 the controller for the purpose of carrying: out the provisions of this act, 
 
 COUNTY AUDITOR. 
 See "Auditors." 
 
 CHAPTER 76. 
 
 COUNTY BOUNDARIES. 
 
 References: County boundaries of particular counties, see Kerr's Cyc. Political Code, 
 particular county. See, also, particular counties, this book. 
 County boundary disputes, settlement of, see Kerr's Cyc. Political Code, § 3969. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1085. Location of Boundary Line Between Butte and Plumas Counties. 
 
 1086. Location of Boundary Line Between Butte and Yuba Counties. 
 
 10S7. Location op Boundary Line Between Plumas and Lassen Counties 
 
 loss. Location of Boundary Line Between Glenn and Colusa Counties. 
 
 1091. Defining Boundaries Between Humboldt, Mendocino, Trinity and Klamath 
 
 Counties. 
 
 1092. Location of Boundary Line Between Shasta and Plumas Counties. 
 
 1093. Better Define the Boundary Line Between Shasta and Plumas Counties. 
 
 1094. Survey of Boundary Line Between Siskiyou and Lassen Counties. 
 
 1095. Define Boundary Line of Napa County Adjoining Lake and Yolo Counties. 
 
 1096. Location of Boundary Line Between San Luis Obispo and Kern Counties. 
 
 1097. Establishment of County Line Between Fresno and Tulare Counties. 
 
 1098. Clearly Defining Boundary Line Between Lake and Yolo Counties. 
 
 1099. Location of Boundary Line Between Shasta and Lassen Counties. 
 
 1100. Establishment of Boundary Line Between Humboujt and Del Norte and 
 
 Siskiyou Counties. 
 
 1101. Election to Change and Locate Boundary Line Between Kings and Fresno 
 
 Counties. 
 
 1102. Changing and Locating Boundary Between Kings and Fresno Counties 
 
 1103. Location oi* Boundary Line Between Lake and Glenn, Lake and Mendocino 
 
 AND Lake and Colusa Counties. 
 
 1104. Location of Boundary Between Mendocino and Glenn Counties. 
 
 1105. Location of Boundary Between Butte and Glenn Counties. 
 
 1106. Location of Boundary Between Mendocino and Sonoma Counties. 
 
 1107. Location of Boundary Between Kern and San Bernardino Counties. 
 
 1108. Location of Boundary Between Lake and Mendocino Counties. 
 
 1109. Location of Boundary Between Riverside and San Bernardino Counties. 
 
 BUTTE AND PLUMAS. 
 ACT 1085 — An act to change and permanently locate the boundary line between the 
 counties of Butte and Plumas. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 549. 
 
 Boundary line between Butte and Plumas counties. 
 
 ^ 1. The boundary line between the counties of Butte and Plumas is hereby 
 established and permanently located as follows: Beginning at the corner common to 
 sections nine, ten, fifteen and sixteen, township twenty north, range eight east, Mount 
 Diablo base and meridian, and running thence north one-quarter of a mile, thence west 
 one-half mile, thence north three-quarters of a mile to the quarter section comer 
 between sections four and nine, said township and range, thence west to the corner 
 common to sections four, five, eight and nine, said township and range, thence north
 
 4G1 COUNTY BOUNDARIES. Act 10S5, § 1 
 
 one-half mile to the quarter section corner betAveen said sections four and five, thence 
 west one mile to the quarter section corner between sections five and six, said township 
 and range, thence north one-half mile — more or less — to the north corner of sections 
 five and six, said township and range, thence west on township line one and a quarter 
 miles — more or less — to the southwest corner of sections thirty-one, township twenty- 
 one north, range eight east, Mount Diablo base and meridian, thence north on town- 
 ship line, two miles to the east corner of sections twenty-four and twenty-five, township 
 twenty-one north, range seven east, Mount Diablo base and meridian, thence west one 
 mile to the corner common to sections twenty-three, twenty-four, twenty-five and 
 twenty-six, said township and range, thence north one-half mile to the quarter section 
 corner between sections twenty-three and twenty-four, said township and range, thence 
 west one-half mile to the center of said section twenty-three, thence north one-half 
 mile to the quarter section corner between sections fourteen and twenty-three, said 
 township and range, thence west one-half mile to the corner common to sections four- 
 teen, fifteen, twenty-two and twenty-three, said township and range, thence north one 
 mile to the corner common to sections ten, eleven, fourteen and fifteen, said township 
 and range, thence west one mile, thence north one mile, thence west one mile, thence 
 north two miles, thence west one mile, thence north one mile, thence west one mile, 
 to the east comer of sections twenty-four and twenty-five, township twenty-two north, 
 range sixteen east. Mount Diablo base and meridian, thence north — on township line — 
 one mile to the east corner of sections thirteen and twenty-four, said township and 
 range, thence west one mile to the corner common to sections thirteen, fourteen, twent}'- 
 three and twenty-four, said township and range, thence north one mile to the comer 
 common to sections eleven, twelve, thirteen and fourteen, said township and range, 
 thence west one mile to the corner common to sections ten, eleven, fourteen and fifteen, 
 said township and range, thence north one mile to the corner common to sections two, 
 three, ten and eleven, thence west one quarter mile, thence north one quarter mile, 
 thence west one quarter mile, thence north one quarter mile to the center of section 
 three, said township and range, thence west three quarters of a mile, thence north one 
 half mile to the north boundary of section four, said township and range, thence west 
 on township line one half mile, thence north one mile, thence west three quarters of a 
 mile to the quarter section corner between sections twenty-nine and thirty-two, town- 
 ship twenty-three north, range six east, Mount Diablo base and meridian, thence north 
 one mile to the quarter section corner between sections twenty and twenty-nine, said 
 township and range, thence west one mile to the quarter section corner between sections 
 nineteen and thirty, said township and range, thence north one mile to the quarter 
 section corner between sections eighteen and nineteen, said township and range, thence 
 west one half mile to the west corner of said sections eighteen and nineteen, thence 
 north — on township line — one mile to the east corner of sections twelve and thirteen, 
 township twenty-three north, range five east, thence west one mile to the corner com- 
 mon to sections eleven, twelve, thirteen and fourteen, said township and range, thence 
 north one half mile to the quarter section corner between said sections eleven and 
 twelve, thence west one mile to the quarter section corner between sections ten and 
 eleven, said township and range, thence north one half mile to the corner common to 
 sections two, three, ten, and eleven, said township and range, thence, west one mile to 
 the corner common to sections three, four, nine, and ten, said township and range, 
 thence north one mile to the north corner of said sections three and four, two miles to 
 the corner common to sections twenty-seven, twenty-eight, thirty-three, and thirty- 
 four, township twenty-four north, range five east, Mount Diablo base and meridian, 
 thence west one mile to the corner common to sections twenty-eight, twenty-nine, 
 thirty-two, and thirty-three, said township and range, thence north one mile to the 
 corner common to sections twenty, twenty-one, twenty-eight, and twenty-nine, said
 
 ActlOSe, §1 GENERAL, LAWS. 468 
 
 township and range, thence east one mile to the corner common to sections twenty-one, 
 twenty-two, twenty-seven, and twenty-eight, said township and range, thence north one 
 mile to the corner common to sections fifteen, sixteen, twenty-one, and twenty-two, said 
 township and range, thence west one half mile to the quarter section corner between 
 said sections sixteen and twenty-one, thence north two miles to the quarter section cor- 
 ner between sections four and nine, said township and range, thence east one half mile 
 to the corner common to sections three, four, nine, and ten, said township and range, 
 thence north one mile to the north corner of sections three and four, said township and 
 range, two miles to the corner common to sections twenty-seven, twenty-eight, thirty- 
 three, and thirty-four, township twenty-five north, range five east. Mount Diablo base 
 and meridian, thence west one half mile to the quarter section corner between said 
 sections twenty-eight and thirty-three, thence north two miles to the quarter section 
 corner between sections sixteen and twenty-one, said township and range, thence east 
 one half mile to the corner common to sections fifteen, sixteen, twenty-one, and twenty- 
 two, said township and range, thence north, one mile to the corner common to sections 
 nine, ten, fifteen, and sixteen, said township and range, thence east one half mile to 
 the quarter section corner between said sections ten and fifteen, thence north one and 
 one half miles to the center of section three, said township and range, thence east one 
 mile to the center of section two, said toAvnship and range, thence north one half mile — 
 more or less — to the quarter section corner on north boundary of said section two, 
 thence east on township line to the quarter section corner on south boundary of section 
 thirty-five, township twenty-six north, range five east, Mount Diablo base and meridian, 
 thence north one mile to the quarter section corner between sections twenty-six and 
 thirty-five, said township and range, thence east one half mile to the comer common 
 to sections twenty-five, twenty-six, thirty-five, and thirty-six, said township and range, 
 thence north one mile to the corner common to sections twenty-three, twenty-four, 
 twenty-five, and twenty-six, said township and range, thence west one half mile to the 
 quarter section corner between said sections twenty-three and twenty-six, thence north 
 one and one half miles to the center of section fourteen, said township and range, 
 thence west one half mile to the quarter section corner between sections fourteen and 
 fifteen, said township and range, thence north one half mile to the corner common to 
 sections ten, eleven, fourteen, and fifteen, said township and range, thence west one 
 mile to the corner common to sections nine, ten, fifteen, and sixteen, said township and 
 range, thence north two miles to the north corner of sections three and four, said 
 township and range, two and one half miles to the quarter section comer between sec- 
 tions thirty-three and thirty-four, township twenty-seven north, range five east, Mount 
 Diablo base and meridian, thence west one and three quarters miles — more or less — to 
 the Chico and Humboldt road at the corner common to Plumas, Butte, and Tehama 
 counties. 
 
 § 2. All other acts and parts of acts in conflict with this act are hereby repealed. 
 In effect. 
 
 ^ 3. This act shall take effect immediately. 
 
 BUTTE AND YUBA. 
 ACT 1086 — An act to change and permanently locate the boundary line between the 
 counties of Butte and Yuba. 
 
 History: Approved February 25, 1897, Stats. 1897, p. 22 
 
 Boundary line between Butte and Yuba counties. 
 
 $ 1. The boundary line between the counties of Butte and Yuba is hereby established 
 and permanently located as follows : Beginning at the intersection of the south line of 
 section thirty-one, of township nineteen north, range six east. Mount Diablo base and 
 meridian^ with the west branch of the Honeut Creek, the present line' between the
 
 463 COUNTl BOUJVDARIES. Act 10S7, § 1 
 
 counties of Butte and Yuba, and running tlience east to the southwest corner of the 
 southeast one quarter of the southeast one quarter of section thirty-one, said township 
 and range, thence north three quarters of a mile, thence east one quarter of a mile, 
 thence north one quarter of a mile, to corner common to sections twenty-nine, thirty, 
 thirty-one, and thirty-two, said township and range; thence east one half mile to the 
 one quarter section corner between sections twenty-nine and thirty-two, said township 
 and range, thence north one half mile to the center of section twenty-nine, thence east 
 one half mile to the one quarter section corner between sections twenty-eight and 
 twenty-nine, said township and range, thence north three quarters of a mile, thence 
 east one quarter of a mile, thence north three quarters of a mile, thence east one quarter 
 of a mile to the one quarter section corner between sections sixteen and twenty-one, said 
 township and range, thence north one and one half miles to the center of section nine, 
 said township and range, thence east one and one half miles to the one quarter section 
 corner between sections ten and eleven, said township and range, thence south one half 
 mile to the corner common to sections ten, eleven, fourteen, and fifteen, said township 
 and range, thence east two miles to the corner common to sections twelve and thirteen, 
 township nineteen north, range six east, and sections seven and eighteen, township 
 nineteen north, range seven east. Mount Diablo base and meridian, thence north one 
 mile to the corner common to sections one and twelve, township nineteen north, range , 
 six east, and sections six and seven, township nineteen north, range seven east, Mount 
 Diablo meridian, thence east three miles to the corner common to sections three, four, 
 nine, and ten, township nineteen north, range seven east, Mount Diablo meridian, thence 
 south one half mile to one quarter section corner between sections nine and ten, said 
 township and range, thence east one and one half miles to the center of section eleven, 
 said township and range, thence north one half mile to the one quarter section corner 
 between sections two and eleven, said township and range, thence east one half mile to 
 the corner common to sections one, two, eleven, and twelve, said township and range, 
 thence north two miles to the comer common to sections twenty-five, twenty-six, thirty- 
 five, and thirty-six, township twenty north, range seven east. Mount Diablo meridian, 
 thence east one half mile to one quarter section corner between sections twenty-five and 
 thirty-six, said township and range, thence north one half mile to the center of section 
 twenty-five, said township and range, thence east one and one half miles to the one 
 quarter section corner between sections twenty-nine and thirty, township twenty north, 
 range eight east. Mount Diablo meridian, thence north one quarter of a mile, thence 
 east one half of a mile, thence north one and one quarter miles to the one quarter section 
 corner between sections seventeen and twentj^, said township and range, thence east one 
 and one half miles to the corner common to sections fifteen, sixteen, twenty-one, and 
 twenty-two, said township and range, thence north one mile to the corner common to 
 sections nine, ten, sixteen, and fifteen, said township and range, thence east to the line 
 between Plumas and Butte counties at its intersection with the northwest boundary 
 line of Yuba county. 
 
 5 2. All other acts and parts of acts in conflict with this act are hereby repealed. 
 
 $ 3. This act shall take effect immediately. 
 
 PLUMAS AND LASSEN. 
 ACT 1087 — An act to change and permanently locate the boundary line between the 
 counties of Plumas and Lassen. 
 
 History: Approved February 28, 1901, Stats. 1901, p. 76. 
 
 Boundary line between Plumas and Lassen counties. 
 
 $ 1. The boundary line between the counties of Plumas and Lassen is hereby estab- 
 lished and permanently located as follows : Beginning on the south boundary of town- 
 ship twenty-two north, range sixteen east, Mount Diablo base and meridian, at the
 
 Actios?, ei GENERAL, LAWS. 464 
 
 corner common to sections thirty-five and thirty-six, and running thence north two 
 miles to the corner common to sections twenty-three, twenty-four, twenty-five, and 
 twenty-six, said township and range, thence east one mile to the east boundary of said 
 township and range at the corner common to sections twenty-four and twenty-five, 
 thence north one mile to the west corner of sections eighteen and nineteen, township 
 twenty-two north, range seventeen east, Mount Diablo base and meridian, thence east 
 one half mile to the quarter section corner between said sections eighteen and nine- 
 teen, thence north one mile to the quarter section corner between sections seven and 
 eighteen, said township and range, thence east one half mile to the corner common to 
 sections seven, eight, seventeen and eighteen, said township and range, thence north 
 on section lines to the south corner of sections thirty-one and thirty-two, township 
 twenty-three north, range seventeen east. Mount Diablo base and meridian, thence north 
 six miles to the south corner of sections thirty-one and thirty-two, township twenty- 
 four north, range seventeen east. Mount Diablo base and meridian, thence east one half 
 mile, thence north two miles, thence west one half mile, thence north two miles, thence 
 west one mile, to the east corner of sections twelve and thirteen, township twenty-four 
 north, range sixteen east. Mount Diablo base and meridian, thence north one half mile 
 to the quarter section corner on east side of said section twelve, thence west one half 
 * mile to the center of said section twelve, thence north one half mile to the quarter 
 section corner between sections one and twelve, said township and range, thence west 
 one half mile to the corner common to sections one, two, eleven, and twelve, said town- 
 ship and range, thence north one half mile to the quarter section corner between said 
 sections one and two, thence west one half mile to the center of said section two, 
 thence north one half mile to the quarter section corner on north boundary of said 
 section two, thence west on township line one half mile to the south corner of sections 
 thirty-four and thirty-five, township twenty-five north, range sixteen east. Mount Diablo 
 base and meridian, thence north one mile to the corner common to sections twenty-six, 
 twenty-seven, thirty-four and thirty-fiv5, said township and range, thence west one 
 half mile to the quarter section corner between said sections twenty-seven and thirty- 
 four, thence north one mile to the quarter section corner between sections twenty-two 
 and twenty-seven, said township and range, thence west one half mile to the corner 
 common to sections twenty-one, twenty-two, twenty-seven, and twenty-eight, said town- 
 ship and range, thence north one mile to the corner common to sections fifteen, sixteen, 
 twenty-one, and twenty-two, said township and range, thence west one mile to the 
 corner common to sections sixteen, seventeen, twenty, and twenty-one, said township 
 and range, thence north two miles to the corner common to sections four, five, eight, 
 and nine, said township and range, thence west one half mile to the quarter section 
 corner between said sections five and eight, thence north two miles to the corner com- 
 mon to sections twenty-eight, twenty-nine, thirty-two, and' thirty-three, township 
 twenty-six north, range sixteen east. Mount Diablo base and meridian, thence west one 
 mile to the corner common to sections twenty-nine, thirty, thirty-one, and thirty-two, 
 said township and range, thence north one mile to the corner common to sections nine- 
 teen, twenty, twenty-nine, and thirty, said township and range, thence west two miles 
 to the corner common to sections twenty-three, twenty-four, twenty-five, and twenty- 
 six, township twenty-six north, range fifteen east. Mount Diablo base and meridian, 
 thence north one and a half miles to the quarter section corner between sections 
 thirteen and fourteen, said township and range, thence west one mile to the quarter 
 section corner between sections fourteen and fifteen, said township and range, thence 
 north one half mile to the corner common to sections ten, eleven, fourteen, and fifteen, 
 said township and range, thence west four miles to the west corner of sections seven 
 and eighteen, said township and range, thence north, on township line, one half mile 
 to the quarter section corner, on east boundary of section twelve, township twenty-six 
 
 d
 
 465 COUIVTY BOUNDARIES. Act 1087, § 1 
 
 north, range fourteen east, Mount Diablo base and meridian, thence west one mile to 
 the quarter section corner between sections eleven and twelve, said township and range, 
 thence north one half mile to the corner common to sections one, two, eleven and 
 twelve, said township and range, thence west one mile to the corner common to sections 
 two, three, ten and eleven, said township and range, thence north three quarters of a 
 mile, thence west one mile, thence north one half mile to the north corner of sections 
 three and four, said township and range, thence west on township line one half mile to 
 the quarter section corner on south boundary of section thirty-three, township twenty- 
 seven north, range fourteen east. Mount Diablo base and meridian, thence north one 
 mile to the quarter section corner between sections twenty-eight and thirty-three, said 
 township and range, thence west one half mile to the corner common to sections twenty- 
 eight, twenty-nine, thirty-two and thirty-three, said township and range, thence north 
 one half mile to the quarter section corner between said sections twenty-eight and 
 twenty-nine, thence west one mile to the quarter section corner between sections thirty- 
 nine and thirty, said township and range, thence north one half mile to the corner 
 common to sections nineteen, twenty, twenty-nine and thirty, said township and range, 
 thence west one half mile to the quarter sections corner between said sections nineteen 
 and thirty, thence north one mile to the quarter section corner between sections eighteen 
 and nineteen, said township and range, thence west one half mile to west corner of said 
 sections eighteen and nineteen, thence north on township line one mile to the east 
 corner of sections twelve and thirteen, township twenty-seven north, range thirteen 
 east. Mount Diablo base and meridian, thence west one and one half miles to the 
 quarter sections corner between sections eleven and fourteen, said township and range, 
 thence north one mile to the quarter section corner between sections two and eleven, 
 said township and range, thence west one half mile to the corner common to sections 
 two, three, ten and eleven, said township and range, thence north one mile to the north 
 corner of said sections two and three, thence west on township line one mile to the 
 south corner of sections twenty-three and thirty-four, township twenty-eight north, 
 range thirteen east, Mount Diablo base and meridian, thence north one mile to the 
 corner common to sections twenty-seven, twenty-eight, thirty-three and thirty-four, 
 said township and range, thence west one mile to the corner common to sections twenty- 
 eight, twenty-nine, thirty-two, and thirty-three, said township and range, thence north 
 one half mile to the quarter section corner between said sections twenty-eight and 
 twenty-nine, thence west one mile to the quarter sections corner between sections 
 twenty-nine and thirty, said township and range, thence north one half mile, thence 
 west one and a half miles to the quarter section corner between sections twenty-four 
 and twenty-five, township twenty-eight north, range twelve east, thence north one and 
 a half miles to the center of section thirteen, said township and range, thence west 
 two and one half miles to the quarter section corner between sections fifteen and six- 
 teen, said township and range, thence north one half mile to the corner common to 
 sections nine, ten, fifteen, and sixteen, said township and range, thence west one mile 
 to the corner common to sections eight, nine, sixteen, and seventeen, said township and 
 range, thence north one half mile to the quarter section corner between said sections 
 eight and nine, thence west one half mile to the center of said section eight, thence 
 north one half mile to the quarter section corner between sections five and eight, said 
 township and range, thence west four miles to the quarter section corner between sec- 
 tions three and ten, township twenty-eight north, range eleven east. Mount Diablo 
 base and meridian, thence north one half mile to the center of said section three, thence 
 west two miles to the center of section five, said township and range, thence south one 
 half mile to the quarter section corner between sections five and eight, said township 
 and range, thence west one half to the corner common to sections five, six, seven, and 
 «ight, said township and range, thence south one half mile to the quarter section 
 
 Gen. L>aws — 30
 
 ^ 
 
 Act 1088, §1 GE.NERAI, L VWS. 464 
 
 corner between said sections seven and eight, thence west one mile, more or less, to the 
 quarter section corner on the west boundary of said section seven, thence south on 
 township line one and a half mile, more or less, to the east corner of sections thirteen 
 and twenty-four, township twenty-eight north, range ten east. Mount Diablo base and 
 meridian, thence west one mile to the corner common to sections thirteen, fourteen, 
 twenty-three, and twenty-four, said township and range, thence south one half mile 
 to the quarter corner between said section twentj'-three and twenty-four, thence west 
 one mile to the quarter section coi-ner between sections twentj'^-two and twenty-three, 
 said township and range, thence south one mile to the quarter section corner between 
 sections twenty-six and twenty-seven, said township and range, thence west one half 
 mile to the center of said section twenty-seven, thence south one half mile to the 
 quarter section corner between sections twenty-seven and thirty-four, said township 
 and range, thence west one half mile to the comer common to sections twenty-seven, 
 twenty-eight, thirty-three and thirtj'^-four, said township and range, thence south one 
 half mile to the quarter section corner between said sections thirty-three and thirty- 
 four, thence west one mile to the quarter section corner between sections thirty-two 
 and thirty-three, said township and range, thence south three miles to the quarter 
 section comer between sections sixteen and seventeen, township twenty-seven north, 
 range ten east, Mount Diablo base and meridian, thence west one mile to the quarter 
 section corner between sections seventeen and eighteen, said township and range, thence 
 south one half mile to the corner common to sections seventeen, eighteen, nineteen and 
 twenty, said township and range, thence west two mites to the corner common to sections 
 thirteen, fourteen, twenty-three and twenty-four, township twenty-seven north, range 
 nine east. Mount Diablo base and meridian, thence north one mile to the corner com- 
 mon to sections eleven, twelve, thirteen and fourteen, said township and range, thence 
 west one mile to the corner common to sections ten, eleven, fourteen and fifteen, said 
 township and range, thence north one mile to the corner common to sections two, three, 
 ten and eleven, said toAvnship and range, thence west three miles to the comer common 
 to sections five, six, seven and eight, said township and range, thence north one mile 
 to the north corner of said sections five and six, thence west on township line two miles 
 to the south corner of sections thirty-five and thirty-six, township twenty-eight north, 
 range eight east. Mount Diablo base and meridian, thence north one and a half miles 
 to the quarter section corner between sections twenty-five and twenty-six, said town- 
 ship and range, thence west one mile to the quarter section corner between sections 
 twenty-six and twenty-seven, said township and range, thence north twelve miles, more 
 or less, to the quarter section corner between sections twenty-two and twenty-three, 
 township thirty north, range eight east. Mount Diablo base and meridian, thence west 
 fourteen miles, more or less, to the corner common to the counties of Lassen and Shasta. 
 
 $ 2. All other acts and parts of acts in conflict with this act are hereby repealed. 
 
 § 3. This act shall take effect immediately. 
 
 GLENN AND COLUSA. 
 ACT 1088 — An act to change and permanently locate the boundary lines between the 
 counties of Glenn and Colusa. 
 
 History: Approved March 11, 1893, Stats. 1893, p. 158. 
 
 Boundary line between Glenn and Colusa counties located. 
 
 § 1. The boundary lines between the counties of Glenn and Colusa are hereby 
 established and permanenth'' located, as follows: Beginning at a point on the boun- 
 dary line between the counties of Colusa and Lake, as now established by law, at the 
 northwest corner of the southAvest quarter of section thirty, township eighteen north, 
 range eight west, Mount Diablo base and meridian; running thence east along the half 
 section line, and one and one half miles north of the line dividing townships seventeen
 
 ■iCT 
 
 COUNTY BOUNDARIES. Act 1001, §§ 1-6 
 
 and eio-hteen, of Mount Diablo base and meridian, to range line dividing township 
 eighteen north, two and three west ; running thence north two miles to northeast corner 
 of southeast quarter of section thirteen, townshii? eighteen north, range three west; 
 running thence east along the half section line to the center of the Sacramento river; 
 thence down the center of the said Sacramento river, in a southeasterly course, to a 
 point where a line between Glenn and Colusa counties crosses the said Sacramento 
 river; thence east to Butte creek. 
 
 $ 2. All other acts and parts of acts in conflict with this act are hereby repealed. 
 
 $ 3. This act shall take effect immediately. 
 
 COMMISSION TO DEFINE BOUNDARIES BETWEEN HUMBOLDT, MENDOCINO, 
 
 TRINITY AND KLAMATH COUNTIES. 
 ACT 1091 — An act to provide for defining the boundaries between Humboldt, Mendo- 
 cino, Trinity and Klamath counties. 
 
 History: Approved March 30, 1872, Stats. 1871-72, p. 766. 
 
 Commission of survey. 
 
 $ 1. The board of supervisors of each of the counties of Humboldt, Mendocino, 
 Trinity, and Klamath are authorized and emjDowered, on or before the first day of July, 
 in the year eighteen hundred and seventy-two, to appoint a commission of survey to 
 act in conjunction for the purposes hereinafter named. 
 
 Meeting. 
 
 § 2. The commission of survey must meet together at the town of Areata, in the 
 county of Humboldt, on the first day of August after their appointment, or on such 
 other day thereafter as any three of them may designate, take the oath of office, and 
 by a majority vote select a competent surveyor to run out, mark, and define by proper 
 monuments the boundary lines between the respective counties in accordance with the 
 boundaries as now designated by statute. 
 
 Contract. 
 
 § 3. The commission must make with the sur^^eyor selected a contract for running, 
 defining, and marking with proper monuments each line, at a compensation not to 
 exceed the sum of thirty dollars per mile, the surveyor bearing all necessary expenses. 
 
 Monuments. 
 
 $ 4. The surveyor selected and contracted with must accurately run, thoroughly 
 mark, and place monuments on the line between Mendocino county and the counties of 
 Humboldt and Trinity, running east and west, and the line between Humboldt and 
 Trinity, north and south, and the line between Humboldt and Klamath, running east 
 and west, and map and report the same to the board of supervisors of each of the 
 counties. 
 
 Expense how paid. 
 
 § 5. The expense of running the line between Trinity and Mendocino must be paid 
 by the respective counties, each paying one half thereof. The expense of running the 
 line between Mendocino and Humboldt must be paid by the respective counties, each 
 paying one half thereof; and the expense of running the line between Trinity and 
 Humboldt must be paid by the respective counties, each paying one half thereof; and 
 the expense of running the line between Humboldt and Klamath must be paid by the 
 respective counties, each paying one half thereof. 
 
 Compensation. 
 
 $ 6. The commission are to receive, in going from the county seat of their respective 
 counties to the town of Areata and returning, the same mileage that the sheriff of their 
 
 li
 
 Act 1091, gg 7-11 GENERAL LAWS. 468 
 
 respective counties receive for serving a summons, and five dollars for each day, not 
 exceeding five, he remains at the town of Areata on the business of the commission, to 
 be paid by the county on behalf of which he is a commissioner. 
 
 Advertising for bids. 
 
 $ 7. The commission must, by advertisement and personal notices, request bids for 
 the contracts from practical surveyors. Any contract made by any three (3) of the 
 commissioners binds all the counties for their respective portions of the contract, 
 whether represented in the commission or not. Three (3) of the commission meeting 
 and acting on the first day of August, eighteen hundred and seventy-two, or on any day 
 thereafter agreed on by them, are authorized to make the contract for the survey. 
 
 Filing of contract. 
 
 § 8. The contract must be placed in writing; four (4) copies to be made and signed, 
 and each commissioner must file one in the office of the county clerk of his respective 
 county. 
 
 Bond. 
 
 § 9. At the time of letting the contract the commissioners must require bonds of 
 the surveyor contracted with to faithfully perform the service, and fix the time when 
 the same must be completed, and fix a maximum which the expense of the survey must 
 not exceed, and specify the character of the monuments to be fixed and of the report to 
 be made. 
 
 Boundary lines. 
 
 § 10. The lines run out, marked, and defined as required by this act are hereby 
 declared to be the true boundary lines of the counties named herein. 
 
 § 11. This act takes effect on its passage. 
 
 Editor'H note: The act provided for the Political Code, disclosed the fact that the 
 
 creation of a commission to define and mark boundary line did not follow the boundary 
 
 the boundary lines between the counties, along- the fortieth parallel established by 
 
 and declared that the boundaries so defined §§3918 and 3919, Political Code. — Trinity 
 
 and marked should be the official bounda- County v. Mendocino County, 151 Cal. 279, 
 
 ries. By the act of March 28, 1874, Stats. 90 Pac. 685. 
 
 1873-74, and the act of March 31, 1876, Stats. 2a. Boundary Hne fixed by the act was 
 
 1875-76, p. 603, amendatory and supplemen- the true boundary, whether it was along the 
 
 tary thereto, a portion of Klamath county fortieth parallel or not. — Trinity County v. 
 
 was annexed to Humboldt county, and the Mendocino County, 151 Cal. 279, 90 Pac. 685. 
 
 remainder to Siskiyou county. The effect 3; Delegration ot legislative power. — The 
 
 was to render all boundary lines defined survey of a boundary line is not a legisia- 
 
 and marked by the commission created un- tive act, and the act Is not obnoxious as a 
 
 der the act ineffective, with the exception of delegation of legislative power, because it 
 
 a portion of the line between Humboldt and declares the line to be surveyed the true 
 
 Trinity counties, and the line between Men- and official boundary line. — Trinity County v. 
 
 docino and Trinity and Humboldt counties. Mendocino County, 151 Cal. 279, 90 Pac. 685. 
 
 1. "Accurately run." — The requirement 4. Even if act were Inconnistent with see- 
 that the line should be "accurately run" was tlons 3»C9, 3972, Political Code, it would pre- 
 directory only, and the fact that it was vail over those sections, since the Political 
 inaccurately run did not render the survey Code was adopted as if passed December 4, 
 void, in the absence of fraud. — Trinity 1872, and the special act making these sec- 
 County v. Mendocino County, 151 Cal. 279, tions effective May 1, 1872, was enacted 
 90 Pac. 685. March 22, 1872, and this act was therefore 
 
 la. Act not repealed by sections .^969, .S972, the latest enactment. — Trinity County v. 
 
 Political Code. — The act is not necessarily Mendocino County, 151 Cal. 279, 90 Pac. 685. 
 
 inconsistent with nor repugnant to §§ 3969, See, also, County of Mariposa v. County of 
 
 3972, of the Political Code, and was not re- Madera, 142 Cal. 50, 75 Pac. 572. 
 
 pealed thereby. — Trinity County v. Mendo- 5. Legislative power. — It was competent 
 
 cino County, 151 Cal. 279, 90 Pac. 685. for the legislature to declare, in advance of 
 
 2. Boundary defined and marked by the the work, that the line which might be sur- 
 commission became and has since remained veyed and marked, under the authority of 
 the true boundary line between Mendocino the act pas.sed by it, should be the true line, 
 and Trinity counties, although a subsequent — Trinity County v. Mendocino County, 16' 
 survey made under the authority of § 3969, Cal. 279, 90 Pac. 685.
 
 4G9 COL NTV BOUXDARIES. Acts 1092, 1093, §§ 1, 2 
 
 6. Location of county lines is a political making- §§ 3969 and 3972 of that code effec- 
 question to be determined by the leg-isla- tive May 1, 1872, even if those acts had been 
 ture, and if the location is inaccurately run subsequently enacted. — Trinity County v. 
 it is for the legislature to correct, and not Mendocino County, 151 Cal. 279, 90 Pac. 685. 
 the courts. — ^Trinity County v. Mendocino 8. The survey of a boundary line between 
 County 151 Cal. ,279, 90 Pac. 685. two counties by authority of an act of the 
 
 7. The act is a special la-tv relating: to legislature is a purely ministerial act. — 
 one of a particular class of subjects, and is Trinity County v. Mendocino County, 151 
 not repealed by a general law, such as the Cal. 279, 90 Pac. 685. 
 
 act adopting the Political Code or the act 
 
 SHASTA AND PLUMAS. 
 ACT 1092 — An act to permanently locate the boundary line between the counties of 
 Shasta and Plumas. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 560. 
 
 Boundary line between Shasta and Plumas counties. 
 
 $ 1. The boundary line between the counties of Shasta and Plumas is hereby estab- 
 lished and permanently located as follows : Beginning at the quarter section corner on 
 the west boundary of section nineteen, township thirtj^ north, range five east, Mount 
 Diablo base and meridian, and running thence east eight miles — more or less — to the 
 south corner of Shasta and Lassen counties. 
 
 § 2. All acts and parts of acts in conflict with this act are hereby repealed. 
 § 3. This act shall take effect immediately. 
 
 MARIPOSA AND FRESNO. 
 
 ACT 1093 — An act to better define the boundary line of Mariposa and Fresno comities. 
 
 History: Approved April 1, 1872, Stats. 1871-72, p. 891. Amended 
 February 11, 1874, Stats. 1873-74, p. 100. 
 
 Description of boundary line. 
 
 $ 1. The line at present known as the boundary line between Mariposa and Fresno 
 counties, from the westerly point of junction of said counties, running easterly to the 
 southwest corner of section eleven, and the northwest corner of section fourteen, in 
 township six south, range twenty east, of Mount Diablo meridian; thence east to the 
 northwest corner of section fourteen, in township six south, range twentj^-one east; 
 thence north to the northwest corner of section, thirty-five, in township five south, range 
 twenty-one east; thence east to the southwest corner of section thirty, in township five 
 south, range twenty-two east; thence north to the southwest corner of the Mariposa 
 Big Tree Grant; thence east along the line of said grant to the southeast corner of said 
 grant; thence north along the line of said grant to the northeast corner of the same; 
 thence north to the original boundary line between the counties of Mariposa and Fresno ; 
 thence along said line to the present boundary line of Tuolumne county; is hereby 
 declared and constituted the boundary line between said counties. 
 
 Survey must be made. Umpire. 
 
 ^ 2. The respective county surveyors of Mariposa and Fresno counties, shall pro- 
 ceed to survey and complete said defining line, with the necessary monuments, prior 
 to the first day of September, eighteen hundred and seventy-two. Reasonable com- 
 pensation (not to exceed one hundred and fifty dollars each,) may be allowed by the 
 supervisors of Mariposa and Fresno counties, to be paid out of the county general funds 
 of said counties; and in case of a disagreement they shall be empowered to call in a 
 third surveyor as umpire, whose decision shall be final, but whose services shall in no 
 case be an additional charge.
 
 \cts HIS) 1. 1005, § 1 CO'ERAL LAWS. 470 
 
 Eepealed. 
 
 ^ 3. The act entitled "An act to better define the boundary line between Fresno and 
 Mariposa counties," approved March twenty-ninth, eighteen hundred and seventy, is 
 hereby repealed. 
 
 $ 4. This act shall take effect immediately. 
 
 "Snt repealed by Implication by sectionn litlcal Code, U would have the same effect 
 
 39;is and :{!K{9, Politiciil Code. — The act pre- if It had been passed and approved on the 
 
 vails over §§ 3938 and 3939, Political Code, first day of that session of the legislature. — 
 
 not only because it is a subsequent enact- County of Mariposa v. County of Madera, 
 
 ment, but because under the rule of con- 142 Cal. 50, 75 Pac. 672. 
 struction prescribed by §§ 4478 and 4479, Po- 
 
 SISKIYOU AND LASSEN. 
 ACT 1094 — An act providing for the survey of the line forming a portion of the 
 southern boundary of Siskiyou county and the northern boundary of Lassen county. 
 
 History: Approved April 1, 1872, Stats. 1871-72, p. 886. , 
 
 Surveyor general directed to establish boundaries. ' 
 
 $ 1. The surveyor general is hereby directed to survey and locate that portion of I 
 
 the southern boundary line of the county of Siskiyou, commencing at a point known 
 as the De\'il's Castle, near and on the opposite side from Soda Springs, on the upper 
 Sacramento river, and running from said point due east, to the eastern boundary of the i 
 
 state of California, and shall plainly designate said line by suitable monuments, and i 
 
 describe the same upon the maps of state, in accordance with the several acts of the 
 legislature of the state of California, defining the northern boundary of the county of 
 Lassen and that portion of the southern boundary of the county of Siskiyou above 
 described. 
 
 Limitation and payment of expenses. Appropriation. | 
 
 $ 2. The necessary expenses of such survey and location of said line shall be paid ' 
 
 by the state of California, out of the general fund thereof, to the surveyor general, upon 
 his filing in the office of the state controller his certificate that such survey is completed 
 according to law, together with his claim, setting forth the items of expense of such 
 surve\'; provided, that the total expense of such survey shall not exceed the sum of 
 twenty-five hundred dollars, and the sum of twenty-five hundred dollars is hereby 
 appropriated for the pa^^2lent of the expenses of such survey. 
 $ 3. This act shall take effect from and after its passage. 
 
 NORTHERN BOUNDARY OF NAPA. 
 ACT 1095 — An act to define the northern boundary line of Napa county, adjoining Lake 
 
 and Yolo counties. 
 
 History: Approved March 8, 1872, Stats. 1871-72, p. 305. 
 Boundary lines. 
 
 $ 1. The northern boundary line of Napa and the southeasterly boundary line of 
 Lake counties shall commence at the highest point of the Mount St. Helena; thence 
 running in an easterly direction along the present boundary line between said counties 
 to the Buttes Carion road; thence northeasterly in a direct line to the junction of 
 Jericho and Putah creeks; thence up Jericho creek to the junction of Hunting creek, in 
 Jericho valley; thence up Hunting creek to a large pile of rocks on the southeasterly 
 side of the county road, at the lower and most easterly end of Hunting valley; thence 
 in a straight line in the direction of the intersection of Bear and Cache creeks to the 
 county line of Yolo county; thence along the line of Yolo county in a southeasterly 
 direction to the present county line dividing Yolo and Napa counties.
 
 I 
 
 471 COLXTV COLMJARIES. Act lOOC, :i 1 
 
 Claim to be paid. 
 
 § 2. The board of supervisors of Napa county shall order paid the claim of Lake 
 county for the sum of thirty-five hundred dollars, and the auditor of said county of 
 Napa shall draw a warrant for the same on the treasurer of the said county, payable 
 from the general fund, and the treasurer of Napa county shall pay the same. 
 
 Repealing. 
 
 § 3. All acts or parts of acts in conflict with this act are hereby' repealed. 
 $ 4. This act shall take effect from and after its passage. 
 
 SAN LUIS OBISPO AND KERN. 
 ACT 1096 — An act to change and permanently locate the boundary lines between the 
 counties of San Luis Obispo and Kern. 
 
 History: Approved March 14, 1885, Stats. 1885, p. 139. 
 
 Boundary line between San Luis Obispo and Kern counties. 
 
 S 1. The boundary line between the counties of San Luis Obispo and Kern are 
 hereby established as follows : Beginning at the southeast corner of section thirty-one, 
 in township ten north, of range twenty-four west, of San Bernardino base and meridian; 
 thence north, on dividing section lines between thirty-one and thirty-two, thirty and 
 twenty-nine, nineteen and twenty, eighteen and seventeen, seven and eight, six and five, 
 to the northeast corner of section six, in the said township ten north, range twenty-four 
 west, of San Bernardino base and meridian; thence continuing north through township 
 eleven north, range twenty-four west, of San Bernardino base and meridian, on section 
 lines between sections thirty-one and thirty-two, thirty and twenty-nine, nineteen ana 
 twenty, eighteen and seventeen, seven and eight, six and five, to the northeast corner 
 of section six in said township eleven north, of range twenty-four west, of San Bernar- 
 uino base and meridian; thence west, on township line between townships eleven and 
 twelve north, range twenty-four west, of San Bernardino base and meridian, and along 
 ihe north boundary of section six to the northwest corner of said township eleven north, 
 range twenty-four west, of San Bernardino base and meridian; thence north, between 
 sections thirty-one (in fractional township twelve north, range twenty-four west), and 
 section thirty-six (in fractional township twelve north, range twenty-five west), to the 
 eight standard parallel south of Monte Diablo base and meridian; thence westerly on 
 the said eight standard parallel south to the common corner to townships thirty-two 
 south, range twenty-two east, and thirty-two south, range twenty-three east, of Monte 
 Diablo meridian; thence northerly, as per the United States survey, on line between 
 said township and ranges last above named, to the northeast corner of the said townshiit 
 thirty-two south, range twentj^-two east, of Monte Diablo meridian; thence westerly 
 on the north boundary of said last above named township and range to the common 
 corner to township thirty-one south, range twenty-one east, and thirty-two south, range 
 twenty-one east, of Monte Diablo meridian; thence north to the northeast corner of 
 said township thirty-one south, range twenty-one east, of Monte Diablo meridian; 
 thence west eight miles to the southwest corner of section thirty-five, in township 
 thirty south, range twenty east; thence north on section line between sections thirty- 
 four and thirty-five, twenty-seven and twenty-six, twenty-two and twenty-three, fifteen 
 and fourteen, ten and eleven, and three and two, to the northeast corner of section three 
 in said township thirty south, range twenty east, of Monte Diablo meridian; thence 
 west four miles to the northwest corner of said last above named township and range; 
 thence north to the northeast corner of townshii^ twenty-nine south, range nineteen 
 east; thence west to the northwest corner of said township twenty-nine south, range 
 nineteen east, of Monte Diablo meridian; thence west one mile to the southeast comer 
 of section thirty-five, in township twenty-eight soutli, range eighteen east, of Monte
 
 Acts lOOr, 1098, § 1 GE:NE:RAL laws. 472 
 
 Diablo meridian; thence north to the northeast corner of section twenty-six, in said 
 township, twenty-eight south, range eighteen east; thence west to the northwest corner 
 of said section twenty-six; thence north to the northeast corner of section twenty-two; 
 thence west to the northwest corner of said section twenty-two; thence north to the 
 northeast corner of section sixteen ; thence west to the northwest corner of said section 
 sixteen; thence north to the northeast corner of section eight; thence west to the north- 
 west corner of said section eight; thence north to the township line at the northeast 
 corner of section six; thence west to the northwest corner of said township twenty- 
 eight south, range eighteen east; thence north on range line to northeast corner of 
 township twenty-seven south, range seventeen east, of Mont§ Diablo meridian; thence 
 west on township line to the northwest corner of said last above named township; 
 thence north, on range line between township twenty-six south, range sixteen east, and 
 township twenty-six south, and range seventeen east, to the northeast corner of said 
 township twenty-six south, range sixteen east ; thence north, on said range line between 
 township twenty-five south, range sixteen east, and township twenty-five south, range 
 seventeen east, of Monte Diablo meridian, to the northeast corner of said township 
 twenty-five south, range eighteen east, on the sixth standard parallel south of Monte 
 Diablo base; thence west, on said standard parallel, to the original common corner of 
 Sari Luis Obispo, Kern, and Tulare counties. 
 
 § 2. All other acts in conflict with this act are hereby repealed. 
 
 $ 3. This act shall take effect immediately after its passage. 
 
 FRESNO AND TULARE. 
 ACT 1097 — An act to establish the county line hetween the counties of Fresno and 
 Tulare. 
 
 History: Approved March 23, 1876, Stats. 1875-76, p. 397. Prior act 
 superseded, approved March 27, 1874, Stats. 1873-74, p, 700. 
 
 Boundary line defined. 
 
 § 1. The boundary line between the counties of Fresno and Tulare shall be as 
 follows: Commencing at a point on the eastern boundary line of Monterey county, as 
 described in section three thousand nine hundred and forty-eight of Political Code, 
 being on the summit of coast range, which point is south forty-five degrees west from 
 the point on Kings river where the northern line of township sixteen south crosses the 
 same; thence north forty-five degrees east to said point on Kings river; thence east 
 along northern line of township sixteen south and continuing on said line to the north- 
 west corner of township sixteen south, range twenty-five (25) east; thence north to the 
 northwest corner of township fifteen (15) south, range twentj^-five (25) east; thence 
 east to the northeast corner of toAvnship fifteen south, range twenty-seven (27) east; 
 thence north to the northeast corner of township fourteen south of range twenty- 
 seven east ; thence east on the line between township thirteen and fourteen south to the 
 summit of Sierra Nevada, being the western line of Inyo county. 
 
 § 2. All acts and parts of acts in conflict with this act are hereby repealed. 
 
 ^ 3. This act shall take effect and be in force from and after its passage. 
 
 The superseded act defines the boundary lines and natural and geographical points 
 by section, township and range lines; while and lines, 
 this act defines it by township and range 
 
 LAI^E AND YOLO. 
 ACT 1098 — An act to more clearly define the boundary line hetween the counties of 
 Lake and Yolo, in the state of California. 
 
 History: Approved April 1, 1872, Stats. 1871-72, p. 903. 
 
 Boundary line described and declared. 
 
 $ 1. The line established by H. H. Sanford, as deputy surveyor general, under special 
 instruction of J. W. Bost, surveyor general of California, at the request of the boards 
 
 ^ 
 
 i
 
 473 COUNTY BOUNDARIES. Acts 1099, 1100 
 
 of supervisors of the counties of Lake and Yolo, and designated on a certain map on 
 file in the oflBce of the surveyor general of the state of California, indorsed "Map of 
 the boundary line between Lake and Yolo counties, surveyed April, eighteen hundred 
 and seventy-one, by H. H. Sanford, deputy surveyor general of California," is hereby 
 declared the boundary line between the said counties of Lake and Yolo, provided the 
 same is in accordance with the provisions of an act to more clearly define and establish 
 the boundary line of Yolo county approved March third, eighteen hundred and sixty-six. 
 $ 2. This act shall take effect from and after its passage. 
 
 SHASTA AND LASSEN. 
 
 ACT 1099 — An act to change and permanently locate the boundary line between the 
 
 counties of Shasta and Lassen. 
 
 History: Became a law under constitutional provision, without 
 governor's approval, March 14, 1899, Stats. 1899, p. 98. 
 
 Boimdary line between Shasta and Lassen counties. 
 
 $ 1. The boundary line between the counties of Shasta and Lassen is hereby estab- 
 lished and permanently located, as follows: Beginning at the quarter section corner to 
 sections eight and nine, in township thirty north, range six east, Mount Diablo base 
 and meridian, and running thence north one and one-half miles, to line dividing town- 
 ships thirty and thirty-one at corner common to sections four and five, in township 
 thirty north, range six east; thence east on township line to corner common to sections 
 thirty-two and thirty-three, in township thirty-one north, range six east; thence north 
 twenty-eight miles, to seventh standard parallel north, Mount Diablo base, at corner 
 common to sections eight and nine, in township thirty-five north, range six east ; thence 
 west along said standard line to southwest corner of toAvnship thirty-six north, range 
 six east; thence north to intersection with south boundary line of Modoc county, at a 
 point seven and one-half chains north of the corner common to sections twenty-five 
 and thirty-six, on east line of township thirty-nine north, range five east; Mount 
 Diablo base and meridian. 
 
 § 2. All other acts and parts of acts in conflict with this act are hereby repealed. 
 
 $ 3. This act shall take effect immediately. 
 
 HUMBOLDT AND DEL NORTE AND SISKIYOU. 
 ACT 1100 — An act to establish the boundary line between the county of Humboldt and 
 the counties of Del Norte and Siskiyou. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 600. 
 
 Boundary line between Humboldt, Del Norte, and Siskiyou counties. 
 
 § 1. The boundary line between the counties of Humboldt and Del Norte is hereby 
 established as follows: Commencing at the point where the north line of township 
 twelve north, range one east, Humboldt meridian, intersects with the Pacific ocean; 
 thence east on said township line to the northeast corner of township twelve north, 
 range three east, Humboldt meridian; thence south to the southeast corner of said 
 township twelve north, range three east, Humboldt meridian; thence east on the north 
 boundary line of township eleven north, range four east, eleven north five east, and 
 eleven north six east, Humboldt meridian, to the Klamath river; thence following 
 said Klamath river in a southerly direction to the mouth of Salmon river, the point 
 which now is the northeast corner of Humboldt county; thence following the line 
 already established. 
 
 § 2. This act shall take effect immediately from and after its passage.
 
 Act 1101, §§ 1-3 GENERAL LAWS. 474 
 
 ELECTION TO CHANGE BOUNDARY BETWEEN FRESNO AND KINGS. 
 ACT 1101 — An act to change, establish and permanently locate the boundary lines of 
 the county of Kings, and a portion of the south boundary line of the county of 
 Fresno, and to provide for the submission of such change, establishment and loca- 
 tion of such boundary lines, to the qualified electors of the territory to be affected 
 by the change. 
 
 History: Approved March 14, 1907, Stats. 1907, p. 260. 
 
 Proposed boundary lines of Kings county. 
 
 $ 1. The boundary lines of the county of Kings are hereby changed, established 
 and permanently located as follows, viz.: 
 
 Beginning at the northeast corner of section one (1) in township seventeen (17) 
 south, range twenty-two (22) east, Mount Diablo base and meridian; thence south 
 six (6) miles; thence east three (3) miles; thence south nine (9) miles to the south- 
 east corner of section sixteen (16) in township nineteen (19) south, range twenty- 
 three (23) east, Mount Diablo base and meridian; thence west three (3) miles to the 
 southeast corner of section thirteen (13) in township nineteen (19) south, range 
 twenty-two (22) east, Mount Diablo base and meridian; thence south nine (9) miles 
 to the southeast corner of township twenty (20) south, range twenty-two (22), Mount 
 Diablo base and meridian; thence west to the northeast corner of township twenty-one 
 (21) south, range twenty-two (22) east; thence south twenty-four (24) miles to the 
 north boundary line of Kern county, as now established by law; thence west along 
 said north boundary line of Kern county to the comer common to the counties of 
 Monterey, San Luis Obispo and Kern, as now established by law; thence northerly 
 along the summit of the Coast Range mountains, being also the eastern boundary of the 
 counties of Monterey and San Benito, as now established by law, to the southwest 
 corner of township eighteen (18) south, range thirteen (13) east, Mount Diablo base 
 and meridian; thence north twelve (12) miles along the range line between ranges 
 twelve (12) and thirteen (13) to the northwest corner of township seventeen (17)' 
 south, range thirteen (13) east, Mount Diablo base and meridian; thence due east 
 along the fourth standard line parallel south to the place of beginning. 
 
 South line of Fresno county. 
 
 $ 2. The south boundary line of Fresno county between Kings and Fresno counties 
 is hereby declared to be the fourth standard parallel line south. 
 
 Board of commissioners to conduct election to ratify annexation. 
 
 § 3. The goveraor shall within ten days after this act takes effect and as herein- 
 after provided, appoint five persons, residents and electors of that certain territory 
 within the following described boundaries, viz. Beginning at the northwest corner of 
 township seventeen (17) south, range thirteen (13) east, Mt. Diablo base and meridian-, 
 thence due south along the range line between ranges twelve (12) and thirteen (13), 
 to the summit of the Coast Range mountains; thence southerly along the summit of 
 the Coast Range mountains, the same being also the boundary line between the coun- 
 ties of San Benito and Monterey and the county of Fresno as now established by law, 
 to the corner common to the counties of Fresno, Monterey and Kings; thence north- 
 easterly along and following the boundary line between Kings and Fresno counties, 
 as now established by law, to a point where said boundar}' line intersects the fourth 
 standard parallel line south; thence due west on said fourth standard parallel line 
 south to the place of beginning, who shall be and constitute a board of commissioners 
 to carry out the provisions of this act. 
 
 Expenses. 
 
 All costs and expenses that may be incurred by said commissioners, as such, in 
 holding an}' election hereinafter j>rovided for and any compensation due said com- 
 
 i
 
 475 COUNTY BOUNDARIES. Act 1101, §3 
 
 missioners, for services rendered as such, or any clerk employgd by them, shall be 
 le2:al charges against the county of Kings. 
 
 Compensation. 
 
 The said commissioners shall each receive five dollars per day for each and every 
 day's services actually rendered as such commissioners, not exceeding twenty days' 
 services by each commissioner, and their actual traveling expenses, the same to be 
 audited and paid as other expenses are audited and paid by the board of supervisors 
 of Kings county. 
 
 Organization. Quorum. 
 
 Said commissioners shall meet witMn said territory above described within ten days 
 after their appointment, and after being duly sworn to faithfully discharge their duties 
 as such commissioners, shall organize by electing one of their number president, and 
 shall elect a clerk, who shall also be duly sworn to faithfully discharge the duties of 
 clerk of said board of commissioners, and shall receive the sum of fifty dollars per 
 month during his term of office. Three of the members of said board shall be necessary 
 to transact any business and a majority of the members present at any meeting shall 
 control in all matters coming before said board. 
 
 Election precincts. Powers of commissioners. Election returns. 
 
 It shall be the duty of said board of commissioners, after they shall have duly 
 organized, to divide the territory last above described into not less than five nor more 
 than nine election precincts, and to designate the place in each precinct where the 
 election herein provided for must be held. Said commissioners and the clerk elected 
 by them are hereby authorized, empowered and required to discharge the same duties 
 as are now required by law of boards of supervisors and county clerks in the counties 
 of this state so far as the same apply to holding elections, canvassing the returns and 
 certifying the results thereof; they shall keep a full record of their proceedings, trans- 
 mitting to the secretary of state a certified copy thereof, and filing the original, with 
 the original election returns, in the office of the county clerk of the county of Fresno; 
 and in case the qualified electors of said territory last above described shall vote in 
 favor of such change as herein provided the said commissioners shall file a certified 
 copy of all their proceedings and of said election returns with the county clerk of the 
 county of Kings; and thereupon the powers and duties of said commissioners shall 
 cease and terminate. Within sixty days from the time of the first meeting of the 
 commissioners herein provided for, said commissioners shall order and hold an election 
 in the said territory last hereinbefore described and in each precinct thereof created 
 by said commissioners. 
 
 Question to be submitted to electors. Ballots. 
 
 At said election there shall be submitted to the qualified electors of said territory 
 the question whether said territory' herein described shall be annexed or added to 
 Kings county; and for the purpose of ascertaining the choice of said electors the 
 ballots used at said election shall have printed thereon the words: "For annexation to 
 Kings County, Yes," **For annexation to Kings County, No," and all ballots on which 
 a cross is marked with a stamp after the words "For annexation to Kings County, 
 Yes," shall be counted in favor of such annexation of said territory hereinbefore 
 described to Kings county, and all ballots on which a cross is marked with a stamp 
 after the words "For annexation to Kings County, No," shall be counted against 
 such annexation. 
 
 Conduct of election. G-reat register. 
 
 Said election shall be conducted in every respect, except as otherwise herein pro- 
 vided, in accordance with the general election law for the election of county and town-
 
 Act 1101. §4 GENERAL I-AWS. 476 
 
 ship officers. All qualified electors of this state who have been residents and electors 
 of the said territory last herein described for ninety days preceding the election herein 
 provided for shall be qualified to vote at said election. The great register of Fresi^o 
 county used at the general election held in the year nineteen hundred and six in the 
 territory last above described shall be prima facie evidence of the qualification of 
 electors; the county clerk of the county of Fresno is hereby directed to furnish the 
 said commissioners a certificate under seal, showing the additional names of the voters 
 on the great register of the county of Fresno, registered as residing in the said terri- 
 tory hereinbefore described, since the last great register of Fresno county was pi'inted, 
 and the certificate of the county clerk of Fresno county under seal, showing the regis- 
 tration of any qualified voter residing in the said territory prior to three months before 
 such election shall entitle the holder thereof, if otherwise qualified by law, to vole 
 at said election. 
 
 Secretary of state to furnish ballot paper. Election returns. 
 
 It shall be the duty of the secretary of state to furnish to the clerk of said board of 
 commissioners the quantity of ballot paper ordered by the said clerk for use at said 
 election upon the payment of the cost of said paper. If at said election sixty per cent 
 of the votes east on the question of annexation of the said territory hereinbefore 
 described to Kings county shall be in favor of such annexation, then the said ten-itory 
 shall be and become a part of the said county of Kings from and after the day upon 
 which the returns of said election shall be ascertained and declared by said board of 
 commissioners. But if at such election less than sixty per cent of the qualified electors 
 voting for and against such annexation of said territory to the county of Kings shall 
 be in favor thereof, then said territory hereinbefore described shall continue to be and 
 remain a portion of the said county of Fresno. Sealed returns from the officers of 
 election of the several precincts established by said board of commissioners shall be 
 made to such board of commissioners at such office as they may select within the said 
 territory within six days after the day of election. 
 
 Status of oflacers in proposed new territory. 
 
 All justices of the peace, and all constables, duly elected and qualified and residents 
 of the said territory herein described at the taking effect of this act shall hold their 
 offices for the terms provided by law for the respective townships in which they reside. 
 All school trustees acting as such at the time of the taking effect of this act, and resi- 
 dents of the said territory herein described, shall hold their offices for the time pro- 
 vided by law, for the respective school districts in which they severally reside, as such 
 districts are now organized. All notaries public residents of the said territory herein 
 described shall hold their offices until the expiration of their terms. 
 
 § 4. This act shall take effect and be in force from and after its passage, and all 
 acts and parts of acts inconsistent with this act are hereby repealed. 
 
 1. Constitutionality. — The act is constitu- and of fixing their powers and duties, are 
 tlonal. — Wheeler v. Herbert, 152 Cal. 224, 92 within the prohibition of subdivisions 11 
 Pac. 353. and 28 of section 25 of article IV of the 
 
 2. Same — Change of county boundaries constitution. — Wheeler v. Herbert, 152 Cal. 
 by special act. — Section 3 of article XI of 224, 92 Pac. 353. 
 
 the constitution, as amended in 1894, does 4. Same — Special legislation. — The act is 
 
 not prohibit the legislature from changing not obnoxious to subdivision 33 of section 25 
 
 the boundary by special act. — Wheeler v. of article IV of the constitution prohibiting 
 
 Herbert, 152 Cal. 224, 92 Pac. 353. special acts where a general law would be 
 
 3. Same — Legislative power to change applicable. — Wheeler v. Herbert, 152 Cal. 
 county boundaries by special act includes 224, 92 Pac. 353. 
 
 the power to do so directly or indirectly 5. Same — Special privileges to electors. — 
 
 through the result of an election, and to The act is not violative of section 21 of ar- 
 
 provide for an election for that purpose, tide I of the constitution, in fixing ninety 
 
 and neither the provision for an election, days residence, as the test of the privilege 
 
 nor the matter of the creation of offices of voting, to electors in the territory lo be 
 
 i 
 
 II
 
 •irr 
 
 COVNTY BOUNDARIES. Act 1102, § 1 
 
 transferred to Kings county, and not grant- der the act are purely ministerial, and not 
 Ing to other electors of that territory or of judicial, and they have no power to go be- 
 other parts of Fresno county the same priv- hind the returns for any purpose. — Cerini v. 
 
 ilege. Wheeler v. Herbert, 152 Cal. 224, 92 De Long, 7 Cal. App. 398, 94 Pac. 582. 
 
 Pac. 353. 11- Qualifications of electors. — The act is 
 
 6. Same Delegation of power. — The act not violative of section 1 of article II of the 
 
 is not obnoxious to section 13, article XI, of constitution in prescribing qualifications of 
 
 the constitution forbidding the delegation electors different from those prescribed in 
 
 of power to a special commission for any that section. — Wheeler v. Herbert, 152 Cal. 
 
 municipal purpose. — Wheeler v. Herbert, 152 224, 92 Pac. 353. 
 
 Cal. 224, 92 Pac. 353. 12. Judicial power — Canvass of returns. 
 
 7. Same — Title of act embraces but one — The refusal of the commissioners ap- 
 subject, and the subject is sufficiently ex- pointed under the act to canvass the elec- 
 pressed in the title. — Wheeler v. Herbert, tion returns on the ground the county clerk 
 152 Cal. 224, 92 Pac. 353. of Fresno county had failed to certify ad- 
 
 8. Legislative districts in the territory ditional registrations up to the date of the 
 taken from Fresno and added to Kings election, after having certified registrations 
 county remain unchanged until fixed by the within forty days thereof, was an exercise 
 next apportionment act. — Wheeler v. Her- of a judicial function which they did not 
 bert, 152 Cal. 224, 92 Pac. 353. possess. — Cerini v. De Long, 7 Cal. App. 398, 
 
 9. Time of election. — The provision of 94 Pac. 582. 
 
 the act as to the time of holding the elec- 13. Registration of voters not being pro- 
 
 tion is directory merely. — Wheeler v. Her- vided for in the act is controlled by the 
 
 bert, 152 Cal. 224, 92 Pac. 353. general law, and the certificate of registra- 
 
 10. Notice of election. — The functions of tion made by the clerk within forty days 
 the commissioners appointed to give notice prior to the election was proper. — Cerini v. 
 of an election and canvass the returns, un- De Long, 7 Cal. App. 398, 98 Pac. 582. 
 
 FRESNO AND KINGS. 
 ACT 1102 — An act to change, establish and permanently locate the boundary lines of 
 the county of Kings, and a portion of the south and east boundary lines of the 
 county of Fresno. 
 
 History: Approved April 12, 1909, Stats. 1909, p. 827. 
 
 Boundary lines of Kings county. 
 
 § 1. The boundar}' lines of the county of Kings are hereby changed, established and 
 permanently located as follows, viz. : 
 
 Beginning at the northeast corner of section one (1) in township seventeen (17) 
 south, range twenty-two (22) east, Mount Diablo base and meridian; thence south six 
 (6) miles; thence east three (3) miles; thence south nine (9) miles to the southeast 
 corner of section sixteen (16) in township nineteen (19) south, range twenty-three 
 (23) east. Mount Diablo base and meridian; thence west three (3) miles to the south- 
 east corner of section thirteen (13) in township nineteen (19) south, range twenty- 
 two (22) east, Mount Diablo base and meridian; thence south nine (9) miles to the 
 southeast corner of township twenty (20) south, range twenty-two (22) east. Mount 
 Diablo base and meridian; thence west to the northeast corner of township twenty- 
 one (21) south, range twenty-two (22) east; thence south twenty-four (24) miles to 
 the north boundary line of Kern county, as now established by law; thence west along 
 said north boundary of Kern county to the corner common to the counties of Monterey, 
 San Luis Obispo and Kern, as now established by law; thence in a northwesterly 
 direction along the line between the counties of Monterey and Kings as now established 
 by law, to the corner common to the counties of Kings, Monterey and Fresno; thence 
 in a northeasterly direction along the bctundary line between Fresno and Kings county 
 as now established by law to the corner common to sections thirteen (13) and twenty- 
 four (24) in township twenty (20) south, range eighteen (18) east, Mount Diablo 
 base and meridian and sections eighteen (18) and nineteen (19) in township twenty 
 (20), south, range nineteen (19) east. Mount Diablo base and meridian, the same being 
 the northwest corner of section nineteen (19) in township twenty (20) south range 
 nineteen (19) east, Mount Diablo base and meridian; thence north fifteen miles (15) 
 to the southwest corner of section thirty-one (31) in township seventeen (17) south of 
 range nineteen (19) east. Mount Diablo base and meridian; thence east along the
 
 Act 1102, 8§ 2-5 CENERAI- LAWS. 47.S 
 
 township line a distance of eleven and onc-lialf miles, more or less, to the point where 
 said township line intersects the center line of the main channel of Kings river; thence 
 northeasterly and easterly following the meander of the said center line of the main 
 channel of Kings river to the point where said center line intersects the boundary 
 line between the county of Fresno and the county of Kings as now established by law, 
 thence northeasterly along said boundary line to the corner common to the counties 
 of Tulare, Fresno and Kings; thence east along the fourth standard parallel line south, 
 Mount Diablo base and meridian to the point of beginning. 
 
 Boundary line between Kings and Fresno counties. 
 
 § 2. The boundary' line of Fresno county between Fresno and Kings is hereby 
 declared to be as follows : Beginning at the corner common to the counties of Kings, 
 Monterey and Fresno; thence in a northeasterly direction along the boundary line 
 between Fresno and Kings county as now established by law; to the corner common 
 to sections thirteen (13) and twenty-four (24) in township twenty (20) south, range 
 eighteen (18) east Mount Diablo base and meridian and sections eighteen (18) and 
 nineteen (19) in township twenty (20) south, range nineteen (19) east, Mount Diablo 
 base and meridian, the same being the northwest corner of section nineteen (19) in 
 township twenty (20) south, range nineteen (19) east, Mount Diablo base and meridian; 
 thence north fifteen miles (15) to the southwest corner of section thirty-one (31) in 
 township seventeen (17) south, range nineteen (19) east. Mount Diablo base and 
 meridian; thence east along the township line a distance of eleven and one-half miles 
 more or less to a point where said township line intersects the center line of the main 
 channel of Kings river; thence northeasterly and easterly following the meander of 
 said center line of the main channel of Kings river to the point where said center line 
 of the main channel of Kings river intersects the boundary line between the county of 
 Fresno and the county of Kings as now established by law; thence notheasterly along 
 said boundary line to the corner common to the counties of Tulare, Fresno and Kings. 
 
 Terms of officers in territory affected. School moneys. Notaries public. 
 
 § 3. All justices of the peace, and all constables, duly elected and qualified and 
 residents of the said territory therein described at the taking effect of this act shall 
 hold their offices for the terms provided by law for the respective townships in which 
 they reside. All school trustees acting as such at the time of the taking effect of this 
 act, and residents of the said territory herein described, shall hold their offices for the 
 time provided by law, for the respective school districts in which they severally reside, 
 as such districts are now organized. The county superintendent of schools of Fresno 
 county is hereby directed to draw his warrant in favor of the county treasurer of 
 Kings county for all school moneys apportioned or to be apportioned on the basis of 
 the present school year to the school districts situated within the exterior boundaries 
 of the territory described in section one of this act and the treasurer of Fresno county 
 is hereby directed to pay the same. All notaries public residents of the said territory 
 herein described shall hold their offices until the expiration of their terms. 
 Taxes. 
 
 § 4. All taxes assessed and levied prior to the first Monday of March, 1909, and 
 constituting a lien on the territory now belonging to Fresno county and hereby 
 annexed to Kings county shall belong to and be paid to Fresno county and all taxes 
 assessed and levied on and after the first Monday of March, 1909, on said territory 
 shall belong to and be paid to Kings county. 
 
 § 5. This act shall take effect and be in force from and after its passage and all 
 tets and parts of acts inconsistent with this act are hereby repealed.
 
 479 cot XTV BOUNDARIES. Act 1103, §§ 1, 2 
 
 LAKE AND GLENN, MENDOCINO, AND COLUSA COUNTIES. 
 ACT 1103 — An act to definitely establish, and permanently locate, the boundary line 
 between the county of Lake and the county of G-lenn and a portion of the boundary 
 line between the counties of Lake and Mendocino and the counties of Lake and 
 Colusa, state of California. 
 
 History: Approved March 13, 1909, Stats. 1909, p. 326. 
 
 Lake county, northerly and easterly boundary. 
 
 $ 1. The northerly and easterly boundary of Lake county, between Mount Hull 
 and the common section corner of sections 16, 17, 20 and 21 in township twenty (20), 
 north range nine (9), west M. D. B. and M. is hereby established and permanently 
 located as follows : Beginning at the monument on top of Mount Hull, established by 
 T. P. Smythe and R. P. Hammond and party on October 20th, 1885; and approved by 
 H. J. Willey, surveyor general of the state of California, on December 23rd, 1885; 
 thence due north to the half section line running east and west through section two (2), 
 township nineteen (19) north, range ten (10) west, M. D. B. and M. ; thence east along 
 said half section line through sections two (2) and one (1) of said township, range, 
 base and meridian, and then through section five (5) to the southeast corner of the 
 northeast quarter of said section five (5), township nineteen (19) north, range nine 
 (9) west M. D. B. and M. ; thence north along the line between and dividing sections 
 four (4) and five (5) of said toAvnship, range, base and meridian, and continuing north 
 along the line between and dividing sections thirty-two (32) and thirty-three (33), and 
 twenty-eight (28), to the conamon section corner of section sixteen (16), seventeen (17), 
 twenty (20), and twenty-one (21), township twenty (20) north, range nine (9) west. 
 
 Lake and Glenn counties, boundary line between. 
 
 § 2. The boundary line between the county of Lake and the county of Glenn is 
 hereby established and permanently located as follows: Beginning at a point estab- 
 lished by section two of "An act to definitely establish and permanently locate the 
 eastern boundary line of Mendocino county between Mount Hull and the southwest 
 corner of Tehama county and establish the western boundary of the county of Glenn 
 between Mendocino and Glenn counties," approved March 8th, 1907. Said point 
 being the corner of sections sixteen (10), and seventeen (17), twenty (20), and twenty- 
 one (21), township twenty (20) north, range nine (9) west, M. D. M. according to the 
 United States survey thence east between sections sixteen (16), twenty-one (21), 
 fifteen (15), twenty-two (22), fourteen (14), twenty-three (23), thirteen (13), twenty- 
 four (24), of township twenty (20) north, range nine (9) west, M. D. M. and sections 
 eighteen (18), nineteen (19), seventeen (17), twenty (20), sixteen (16), twenty-one 
 (21), fifteen (15), twenty-two (22), township twenty (20) north, range eight (8) west, 
 M. D. M. to corner of sections fourteen (14) fifteen (15), twenty-two (22), twenty- 
 three (23), township twenty (20) north, range eight (8) west, M. D. M.; thence south 
 between sections twenty-two (22), twenty-three (23), twenty-six (26), twenty-seven 
 (27), thirty-four (34), thirty-five (35), township twenty (20) north, range eight (8) 
 west, M. D. M. and sections two (2), three (3), ten (10), eleven (11), fourteen (14), 
 fifteen (15), twenty-two (22), twenty-three (23), twenty-six (26), twenty-seven (27), 
 thirty-four (34), thirty-five (35), township nineteen (19) north, range eight (8) west, 
 M. D. M. and sections two (2), three (3), ten (10), eleven (11), fourteen (14), fifteen 
 (15), twenty-two (22), twenty-three (23), twenty-six (26), twenty-seven (27), to one- 
 quarter (V4)> section comer on section line dividing sections twenty-six (26), and 
 twenty-seven (27), township eighteen (18) north, range eight (8) west, M. D. M.; 
 said point being on boundary line between the county of Glenn and the county of 
 Colusa as established by "An act to change and permanently locate the boundary line 
 between the counties of Glenn and Colusa, approved March 11, 1893."
 
 Act 1104, §1 GENERAL. LAWS. 480 
 
 Lake and Colusa counties, boundary line between. 
 
 $ 3. The boundary between Lake county and Colusa county between the northwest 
 corner of Colusa county and the southeast corner of the northeast one-quarter (14) 
 of section twenty-seven (27), township eighteen (18) north, range eight (8) west, 
 M. D. B. M. is hereby established and permanently located as follows: Beginning at 
 the southeast corner of the northeast one-quarter (%) of section twenty-seven (27), 
 township eighteen (18) north, range eight (8) west, M. D. B. and M.; running thence 
 westerly along the half section line and one and one-half (1^^) miles north of the line 
 dividing townships seventeen (17), and eighteen (18), of Mount Diablo base and 
 meridian, said one-half (i/^) section line being the northern boundary of Colusa 
 county as fixed by "An act to change and permanently locate the boundai'y line between 
 the counties of Glenn and Colusa, approved March 11th, 1893," to the northwest 
 corner of the southwest one-quarter (^) of section thirty (30), township eighteen (18) 
 north, range eight (8) west, M. D. B. and M. 
 
 $ 4. This act shall take effect immediately upon its passage. 
 
 Act locating portion of boundary bet^veen Lake and Mendocino counties south of Mount 
 Hull. — See, post. Act 1108. 
 
 MENDOCINO AND GLENN. 
 ACT 1104 — An act to definitely establish and permanently locate the eastern boundary 
 line of Mendocino county, between Mount Hull and the southwest corner of Tehama 
 county, and establish the western boundary of the county of Glenn between Mendo- 
 cino and Glenn counties. 
 
 History: Approved March 8, 1907, Stats. 1907, p. 135. 
 
 Eastern boundary line of Mendocino county. 
 
 § 1. The eastern boundary line of the county of Mendocino between Mount Hull 
 and the southwest corner of Tehama county is hereby established and permanently 
 located as follows: Beginning at the monument on top of Mount Hull, established by 
 T. P. Smythe and R. P. Hammond and party on October 20th, 1885 and approved by 
 H. J. Willey, surveyor general of the state of California, on December 23rd, 1885, 
 being the northeast corner of Lake county; thence due north to the half section line 
 running east and west through section two (2), township nineteen (19) north, range 
 ten (10) west, M. D. B. & M. ; thence east along said half section line through sections 
 two (2) and one (1) of said township, range, base and meridian, and then through 
 section five (5) to the southeast corner of the northeast quarter of said section five 
 (5), township nineteen (19) north, range nine (9) west M. D. B. & M.; thence north 
 along the line between and dividing section four (4) and five (5) of said township, 
 range, base and meridian, and continuing north along the line between and dividing 
 sections thirty-two (32) and thirty-three (33), twenty-eight (28) and twenty-nine 
 (29), twenty (20) and twenty-one (21), sixteen (16) and seventeen (17), eight (8) 
 and nine (9), and four (4) and five (5) township twenty (20) north, range nine (9) 
 west M. D. B. & M., to the line dividing townships twenty (20) and twenty-one (21) 
 north, range nine (9) west, M. D. B. & M. ; thence west on said last mentioned line, 
 the same being the fourth standard parallel line north, seven hundred and seventy- 
 five (775) feet more or less to the southeast corner of section thirty-two (32), town- 
 ship twenty-one (21) north, range nine (9) west, M. D. B. & M. ; thence north on the 
 line between and dividing sections thirty-two (32) and thirty-three (33), twenty- 
 eight (28) and twenty-nine (29), twenty (20) and twenty-one (21), sixteen (16) and 
 seventeen (17), eight (8) and nine (9), four (4) and five (5), all in township twenty- 
 one (21) north, range nine (9) west M. D. B. & M. to the southeast corner of section 
 thirty-two (32) township twenty-two (22) north, range nine (9) west, M. D. B. & M.; 
 ihence west along the line between and dividing sections five (5) and thirty-two ^32)
 
 481 COl NTY BOUXDARIES. Acts 1105, IICO. § 1 
 
 to the southeast comer of section thirty-six (36), township twenty-two (22) north, 
 range ten (10) west, M. D. B. & M. ; thence north on the range line between and 
 dividing ranges nine (9) and ten (10) west, which said line also divides sections 
 thirty-two (32) and thirty-six (36), twenty-five (25) and twenty-nine (29), twenty 
 (20) and twenty-four (24) to the southeast corner of the northeast quarter of section 
 twenty-four (24) ; thence west along the half section line through sections twenty- 
 four (24) and twenty- three (23) to the center of said section twenty-three (23), all 
 in township twenty-two (22) north, range ten (10) west M. D. B. & M. ; thence north 
 along the half section line running north through sections twenty-three (23), fourteen 
 (14), eleven (11) and two (2) in said last mentioned township, range, base and 
 meridian, to the southwest corner of Tehama county as established in section thirty- 
 nine hundred and fifteen (3915) of the Political Code of the state of California. 
 
 Western boundary line of G-lenn county. 
 
 $ 2. That portion of the line described in section one of this act, beginning at a 
 point on said line where the line dividing sections seventeen (17) and twenty (20) 
 and sections sixteen (16) and twenty-one (21), township twenty (20) north, range 
 nine (9) west, M. D. B. & M. crosses the same; thence north on said line as described 
 in section one of this act to the southwest comer of Tehama county shall constitute 
 the western boundary of Glenn county between the counties of Glenn and Mendocino. 
 
 § 3. This act shall take effect immediately. 
 
 BUTTE AND GLENN. 
 
 ACT 1105 — An act to change and permanently locate the boundary line between the 
 counties of Butte and Glenn. 
 
 History: Approved May 27, 1915. In effect August 8, 1915. Stats. 
 1915, p. 898. 
 
 Boundary between Butte and Glenn counties. 
 
 $ 1. The boundary line between the counties of Butte and Glenn is hereby established 
 and permanently located as follows: From the point where the line between town- 
 ship 19 north, range 1 east and township 20 north, range 1 east intersects the line 
 between sections three and four of the Aguas Frias Rancho according to the La Croze 
 survey of the said Aguas Frias Rancho, said point being on the line between Butte and 
 Glenn counties, running thence south along the said line between the said sections three 
 and four to its point of intersection with the center line of Butte creek, said point of 
 intersection being on the present line between Butte and Glenn counties. 
 
 Repealed. 
 
 $ 2. All other acts and parts of acts in conflict with this act are hereby repealed. 
 
 BETWEEN MENDOCINO AND SONOMA. 
 
 ACT 1106 — An act to definitely establish and permanently locate the boundary line 
 
 between the counties of Mendocino and Sonoma, state of California. 
 
 History: Approved May 31, 1917. In effect July 30, 1917. Stats. 
 1917, p. 1396. 
 
 Boundary line between Mendocino and Sonoma counties established. 
 
 § 1. The boundary line between the counties of Mendocino and Sonoma is hereby 
 established and permanently located as follows : 
 
 Commencing at a point in the Pacific ocean, three miles due west of a point in the 
 center of the channel at the mouth of the Gualala river; thence due east three miles to 
 said point in the center of the channel at the mouth of said Gualala river; thence u]) 
 the center of the channel of said Gualala river to a point where the center of said 
 channel intersects the section line running east and west between sections twenty-three 
 
 Gen. Laws — 31
 
 Aft 1107, § 1 GEXERAL LAAVS. tbi^ 
 
 and twenty-six, township eleven north, range fifteen west. Mount Diablo meridian; 
 thence east on said section line and its conliniiation between sections twenty-four and 
 twenty-five, said township and range, to the range line between ranges fourteen and 
 fifteen west, Mount Diablo meridian; thence continuing east on the section line between 
 sections nineteen and thirty, twenty and twenty-nine, twenty-one and twenty-eight, 
 twentj'^-two and twenty-seven, twenty-three and twenty-six, and twenty-four and 
 twenty-five, township eleven north, range fourteen west. Mount Diablo meridian, to 
 the range line between ranges thirteen and fourteen west. Mount Diablo meridian; 
 thence north on said range line between said ranges thirteen and fourteen two miles 
 more or less, to the section corner common to sections twelve and thirteen, township 
 eleven north, range fourteen west. Mount Diablo meridian, and sections seven and 
 eighteen, township eleven north, range thirteen west. Mount Diablo meridian; thence 
 east on the section line between sections seven and eighteen, eight and seventeen, nine 
 and sixteen, ten and fifteen, eleven and fourteen, and twelve and thirteen, township 
 eleven north, range thirteen west. Mount Diablo meridian, to the intersection of said 
 section line with the range line between ranges twelve and thirteen west, Mount Diablo 
 meridian; thence continuing east on the section line between sections seven and eighteen, 
 eight and seventeen, nine and sixteen, ten and fifteen, eleven and fourteen, and twelve 
 and thirteen, township eleven north, range twelve west. Mount Diablo meridian, to the 
 intersection of said section line with the range line between ranges eleven and twelve 
 west. Mount Diablo meridian; thence north on said range line between ranges eleven 
 and twelve, two miles, more or less, to the southwest corner of township twelve north, 
 range eleven west. Mount Diablo meridian; thence east on the south boundary line of 
 said township twelve north, range eleven west, three miles, more or less, to the soutli- 
 east corner of section thirty-three, township twelve north, range eleven west; thence 
 north on the section line between sections thirty-three and thirty-four, one mile more 
 or less, to the northwest corner of said last named section thirty-four; and thence east 
 on the section line between sections twenty-seven and thirty-four, twenty-six and 
 thirty-five, and twenty-five and thirty-six, township twelve north, range eleven west, 
 Mount Diablo meridian, and continuing east on the section line between sections thirty 
 and thirty-one, twenty-nine and thirty-two, twenty-eight and thirty-three, twenty-seven 
 and thirty-four, twenty-six and thirty-five, and twenty-five and thirty-six; township 
 twelve north, range ten west. Mount Diablo meridian, and continuing east on the 
 section line betAveen sections thirty and thirty-one, twenty-nine and thirty-two, twenty- 
 eight and thirty-three, twenty-seven and thirty-four, and twenty-six and thirty-five to 
 the corner common to sections twenty-five, twenty-six, thirty-five, and thirty-six; town- 
 ship twelve north, range nine west. Mount Diablo meridian. 
 
 § 2. All acts and parts of acts in conflict with the provisions hereof are hereby 
 repealed. 
 
 KERN AND SAN BERNARDINO. 
 ACT 1107 — An act to describe, establish and permanently locate the "boundary line 
 
 between the counties of Kern and San Bernardino. 
 
 History: Approved May 10, 1917. In effect July 27, 1917. Stats. 
 1917, p. 301. 
 
 Boundary line between counties of Kern and San Bernardino. 
 
 ^ 1. The boundary line between the counties of Kern and San Bernardino is hereby 
 established and permanently located as follows: 
 
 Beginning at the northwest corner of township eight north, range seven west, San 
 Bernardino meridian, being the northeast corner of Los Angeles county; thence east 
 along the township line to the section line between sections thirty-two and thirty-three, 
 township nine north, range seven west, Snn Bernardino meridian; thence north, follow- 
 ing section lines, to the eighth standard jiaiallel south of Mount Diablo base; thence
 
 4S3 COUNTY BOUNDARIES. Act llOS, § . 
 
 east along said standard parallel to the southwest corner of township thirty-two south, 
 range forty-one east, Mount Diablo meridian; thence north along township lines to the 
 seventh standard parallel south of Mount Diablo base; thence along said standard 
 parallel to the southwest corner of section thirty-six, township twenty-eight south, 
 range forty east, Mount Diablo meridian ; thence north along section lines to the north- 
 west corner of section one, township twenty-five south, range forty east, Mount Diablo 
 meridian, said point being hereby established as the northeast corner of Kern county 
 and the northwest corner of San Bernardino county. 
 
 Repealed. 
 
 § 2. All other acts and parts of acts in conflict with this act are hereby repealed. 
 
 LAKE AND MENDOCINO. . 
 ACT 1108 — An act to definitely establish and permanently locate, a portion of the 
 boundary line between the county of Lake and the county of Mendocino, state of 
 California. 
 
 History: Approved June 1, 1917. In effect July 31, 1917. Stats. 
 1917, p. 1635. 
 
 Boundary line between Mendocino and Lake counties. 
 
 $ 1. That portion of the boundary line between Mendocino county and Lake county, 
 between Mt. Hull and the southeast comer of Mendocino county is hereby established 
 and permanently located as follows : 
 
 Beginning at the monument on top of Mt. Hull, established by"T. P. Smythe and 
 R, P. Hammond and party on October 20, 1885 ; and approved by H. J. Willev surveyor 
 general of the state of California, on December 23, 1885; thence due south to the half 
 section line running east and west through section eleven, township nineteen north 
 range ten west, Mount Diablo base and meridian; thence west along said half section 
 line through sections eleven, ten, nine, eight, and seven of said township, ran"-e base 
 and meridian; and thence through section twelve, township nineteen north, rano-e eleven 
 west, Mount Diablo base and meridian; to the center of said section twelve- thence 
 south one-half mile to the quarter section corner on the south boundary of said section 
 twelve; thence west one mile to the quarter section corner between sections eleven 
 and fourteen, said last mentioned township and range; thence south one-half mile to 
 the center of said section fourteen; thence west one mile to the center of section fifteen 
 said township and range; thence south along the half section line running through 
 sections fifteen, twenty-two, twenty-seven, and thirty-four, to the quarter section corner 
 on the south line of section thirty-four, said township nineteen north, rano-e eleven 
 west, Mount Diablo base and meridian; thence west along the township line between 
 townships eighteen and nineteen north, range eleven west, Mount Diablo base and 
 meridian, to the northwest corner of lot three, section three, township eighteen north 
 range eleven west. Mount Diablo base and meridian; thence south along the line divid- 
 ing the east half of the west half from the west half of the west half of said section 3 
 a distance of one mile to the south boundary line of said section three* thence west 
 along the south boundary of said section three to the corner common to sections three 
 four, nine, and ten, said township and range; thence south along the section line between 
 sections nine and ten and fifteen and sixteen, a distance of two miles to the corner of 
 sections fifteen, sixteen, twenty-one and twenty-two, said last mentioned township and 
 range; thence east along the line betAveen sections fifteen and twenty-two to the corner 
 of sections fourteen, fifteen, twenty-two, and twenty-three, said township nineteen 
 north, range eleven west; thence south along the section line between sections twenty- 
 two and twenty-three, and twenty-six and twenty-seven, a distance of two miles to the 
 corner of sections twenty-six, twenty-seven, thirt3'-four, and thirtj'^-five, said township 
 and range; thence east along the section line between sections twenty-six and thirty-
 
 Act 1108, §1 GENERAIj LAWS. 484 
 
 five, a distance of one-half mile to the quarter section corner between last mentioned 
 sections; thence south along the half section line one mile to the quarter section corner 
 on the south boundary of section thirty-five, township eighteen north, range eleven 
 west, Mount Diablo base and meridian ; thence east along the township line on the north 
 boundarj' of township seventeen north, range eleven west, Mount Diablo base and 
 meridian, to the northeast corner of section two, said township and range; thence south 
 along the section line between sections one and two, and eleven and twelve a distance 
 of two miles to the corner of sections eleven, twelve, thirteen, and fourteen; thence 
 east along the section line between sections twelve and thirteen a distance of one-half 
 mile to the quarter section corner between said sections; thence south along the half 
 section line a distance of one mile to the quarter section corner between sections thir- 
 teen and twenty-four; thence east along the section line between said sections thirteen 
 and twenty-four, a distance of one-half mile to the line between townships seventeen 
 north, ranges ten and eleven west. Mount Diablo base and meridian; thence south 
 along said line, a distance of three miles to the corner of townships sixteen and seven- 
 teen north, ranges ten and eleven west Mount Diablo base and meridian; thence east 
 along the north line of township sixteen north, range ten west, Mount Diablo base and 
 meridian, to the northeast corner of section six, said township and range ; thence south 
 along the section line between sections five and six and seven and eight, a distance of 
 one and one-half miles to the quarter section comer between sections seven and eight; 
 thence east along the half section line, a distance of one-half mile to the center of 
 said section eight; thence south along the half section line, a distance of one and one- 
 half miles to the quarter section comer between sections seventeen and twenty, said 
 township and range; thence west along the section line, a distance of one mile to the 
 quarter section corner between sections eighteen and nineteen; thence south along the 
 half section line, a distance of one mile to the quarter section corner between sections 
 nineteen and thirty; thence west one-half mile more or less, to the comer of sections 
 nineteen, twenty-four, twenty-five, and thirty, township sixteen north, ranges ten and 
 eleven west, Mount Diablo base and meridian; thence south along the range line 
 between said ranges ten and eleven, a distance of one-half mile to the quarter section 
 corner on the east boundary of section twenty-five, township sixteen north, range eleven 
 west; thence west along the north line of lot 3, section twenty-five, said township and 
 range, a distance of one-quarter mile, more or less, to the northwest comer of said 
 lot three; thence south along the west line of lots three and four, said section twenty- 
 five, a distance of one-half mile to the south boundary of said section twenty-five; 
 thence west along the south line of said section twenty-five to the quarter section corner 
 between sections twenty-five and thirty-six, said township and range; thence south 
 along the half section line, a distance of one-half mile to the center of said section 
 thirty-six; thence west along the half section line, a distance of one fourth mile to the 
 northwest corner of the northeast quarter of the southwest quarter of said section 
 thirtv-six; thence south along the west line of the northeast quarter of the southwest 
 quarter and the west line of lot six of said section thirty-six, to the north boundary 
 of township fifteen north, range eleven west. Mount Diablo base and meridian; thence 
 west along said township line to the quarter section corner on the north boundary of 
 section two, township fifteen north, range eleven west. Mount Diablo base and merid- 
 ian- thence south along the half section line to the quarter section comer between 
 sections two and eleven, said township and range; thence west along the section line 
 between sections two and eleven one-quarter mile to the northwest corner of the east 
 half of the northwest quarter of said section eleven; thence south along the west line 
 of the said east half of the northwest quarter of section eleven, a distance of one-half 
 mile to the half section line running east and west through said section eleven; thence 
 west alono- said half section line one and three-quarter miles to the center of section
 
 4W CITY BOLXDARIES. Act llOS, § 1 
 
 nine, said township and range; thence south along the half section line, a distance of 
 two and one-half miles to the quarter section corner between sections twenty-one and 
 twenty-eight; thence west along the section line, a distance one-half mile to the corner 
 of sections twenty, twenty-one, twenty-eight, and twenty-nine; thence south along the 
 section line a distance of two miles to the line on the north boundaiy of township 
 fourteen north, range eleven west, Mount Diablo base and meridian; thence east along 
 said township line a distance of three and sixty-five hundredths chains to the northwest 
 corner of section four, township fourteen north, range eleven west, Mount Diablo base 
 and meridian; thence south along the section line a distance of one mile to the corner 
 of sections four, five, eight, and nine, said township and range; thence west along the 
 section line a distance of one-half mile to the quarter section corner between sections 
 five and eight; thence south along the half section line to the quarter section corner 
 on the south boundary of section eight; thence east along the section line between 
 sections eight and seventeen, a distance of five and ninety hundredths chains more or 
 less, to the quarter section corner on the north boundary of section seventeen; thence 
 south along the half section line, a distance of one-half mile to the center of said sec- 
 tion seventeen; thence east along the half section line a distance of one-half mile to 
 the quarter section corner between sections sixteen and seventeen; thence south along 
 the section line a distance of one-half mile to the corner of sections sixteen, seventeen, 
 twenty, and twenty-one; thence east along the section line a distance of one mile to the 
 corner of sections fifteen, sixteen, twenty-one, and twenty-two; thence south along 
 the section line a distance of one mile to the corner of sections twenty-one, twenty-two, 
 twenty-seven, and twenty-eight; thence east along the section line a distance of one- 
 half mile to the quarter section corner between sections twenty-two and twenty-seven ; 
 thence south along the half section line two miles to the north boundary of township 
 thirteen north, range eleven west. Mount Diablo base and meridian; thence east along 
 the township line one-half mile to the northwest corner of section two, said township 
 and range; thence south along the section line a distance of one-half mile to the quar- 
 ter section corner between sections two and three; thence east along the half section 
 line a distance of one-half mile to the center of said section two; thence south along 
 the half section line a distance of one-half mile to the quarter section corner between 
 sections two and eleven; thence east along the section line a distance of one-half mile 
 to the corner of sections one, two, eleven, and twelve; thence south along the section 
 line a distance of one-half mile to the quarter section corner between sections eleven 
 and twelve; thence east along the half section line a distance of one-half mile to the 
 center of said section twelve; thence south along the half section line a distance of 
 one-quarter mile to the corner of lots two, three, six, and seven, said section twelve; 
 thence east along the south line of lots one and two of said section twelve, a distance 
 of one-half mile to the line between townships thirteen north, ranges eleven and twelve 
 west, Mount Diablo base and meridian; thence north along said range line a distance 
 of nine and twenty-five hundredths chains to the southwest corner of section five, 
 township thirteen north, range ten west, Mount Diablo base and meridian; thence east 
 along the section line a distance of eighty-nine chains to the corner of sections four, 
 five, eight, and nine; thence south along the section line a distance of one mile to the 
 corner of sections eight, nine, sixteen, and seventeen; thence east along the section line 
 a distance of one-half mile to the quarter section corner between sections nine and 
 sixteen; thence south along the half section line a distance of two and one-half miles 
 to the center of section twenty-eight; thence east along the half section line a distance 
 of one-half mile to the quarter section corner between sections twenty-seven and 
 twenty-eight; thence south along the section line a distance of one mile to the quarter 
 section corner between sections thirty-three and thirtj^-f our ; thence east along the half 
 section line, a distance of one-half mile to the center of section thirty-four; thence
 
 Act 1109, § 1 GENERAL LAWS. 486 
 
 Bouth along the half section line a distance of one-half mile to the north boundary of 
 township twelve north, range ten west, Mount Diablo base and meridian; thence east 
 along said township line a distance of fifty-five chains to the northeast corner of sec- 
 tion three, township twelve north, range ten west; thence south along the section line 
 a distance of one and one-half miles to the quarter section comer between sections ten 
 and eleven; thence east along the half section line a distance of two miles to the line 
 between townships twelve north, ranges nine and ten west, Mount Diablo base and 
 meridian; thence south along the line between said ranges nine and ten a distance of 
 one-half mile to the corner of sections seven, twelve, thirteen, and eighteen, said town- 
 ships and ranges; thence east along the section line a distance of one mile to the corner 
 of sections seven, eight, seventeen, and eighteen, township twelve north, range nine 
 west, Mount Diablo base and meridian; thence south along the section line a distance 
 of one mile to the corner of sections seventeen, eighteen, nineteen, and twenty; thence 
 east along the section line a distance of one mile to the corner of sections sixteen, 
 seventeen, twenty, and twenty-one; thence south along the section line a distance of 
 one-half mile to the quarter section corner between sections twenty and twenty-one; 
 thence east along the half section line a distance of one mile to the quarter section 
 corner between sections twenty-one and twenty-two ; thence south along the section line 
 a distance of one-half mile to the corner of sections twenty-one, twenty-two, twenty- 
 seven, and tAventy-eight ; thence east along the section line a distance of one mile to the 
 corner of sections twenty-two, twenty-three, twenty-six, and twenty-seven ; thence south 
 along the section line a distance of one-half mile to the quarter section comer between 
 sections twenty-six and twenty-seven; thence east along the half section line a distance 
 of one mile to the quarter section corner between sections twenty-five and twenty-six; 
 and thence south along the section line a distance of one-half mile to the corner of 
 sections twenty-five, twenty-six, thirty-five, and thirty-six, township twelve north, range 
 nine west. Mount Diablo base and meridian. 
 
 Repealed. 
 
 § 2. All acts and parts of acts in conflict with the provisions hereof are hereby 
 repealed. 
 
 Act locating portion of boundary bet^veeu Lake and Mendocino counties north of Mount 
 Hull. — See, aMte, Act 1103. 
 
 RIVERSIDE AND SAX BERNARDINO. 
 ACT 1109 — An act to establish and permanently locate the boundary line between the 
 county of Riverside and the county of San Bernardino. 
 
 History: Approved April 15, 1919. In effect July 22, 1919. Stats. 
 1919, p. 99. 
 
 Boundary line between counties of Riverside and San Bernardino. 
 
 § 1. The boundary line between the county of Riverside and the county of San 
 Bernardino is hereby established and permanently located as follows, to wit : 
 
 Beginning at a point on the eastern boundary of the state of California, where the 
 east and west center line of township one south, range twenty-four east, San Bernar- 
 dino base and meridian, or the prolongation thereof, intersects said eastern boundary 
 of the state of California, thence westerly along section lines to the southeast corner of 
 section seventeen, township one south, range sixteen east, San Bernardino base and 
 meridian, thence south to the southeast corner of section thirty-two, same township 
 and range, said point being on the township line between townships one and two south, 
 San Bernardino base and meridian, thence west on said township line to the northeast 
 corner of township two south, range one west, San Bernardino base and meridian, 
 thence south to the southeast corner of section twelve, township two south, range one 
 west, San Bernardino base and meridian, thence west to the southwest corner of sec-
 
 4S7 COUNTY CLERK. Acts 1111, 1113, § 1 
 
 tion eight, township two south, range three west, San Bernardino base and meridian, 
 thence north to the northwest corner of said section eight, thence west to the quarter 
 corner on the south line of section two, township two south, range five west, San Ber- 
 nardino base and meridian, thence north to the quarter corner on the north line of 
 said section two, thence west to the southwest corner of section thirty-one, township 
 one south, range six west, thence south along section lines to the northern boundary of 
 the Jurupa rancho, thence southwesterly along said north boundary to the northwest 
 comer of said rancho, thence south along the west boundary of said Jurupa rancho to 
 the quarter comer on the east line of section nine, township three south, range seven 
 west, thence west in a direct line to center of section seven, same township and range, 
 thence south in a direct line, to the quarter comer on the south line of section nine- 
 teen, township three south, range seven west, thence west to the east boundary of the 
 El Canyon De Santa Ana rancho, thence southerly along the easterly boundary of said 
 rancho to an intersection with course number seven of the boundary line, established 
 by joint survey in December, 1876, and Januar\^, 1877, as the line between Los Angeles 
 and San Bernardino counties, said point being a corner common to Orange, Riverside 
 and San Bernardino counties. 
 
 Repealed. 
 
 $ 2. All acts and parts of acts in conflict herewith are hereby repealed. 
 
 CHAPTER 77. 
 
 COUNTY CLERK. 
 
 References: Bond, deputies, duties, election, fees and oath of office of, see appropriate 
 
 title, Kerr's Cyc. Political Code. 
 Clerk of superior court, duties as, see appropriate title, Kerr's Cyc. Code Civil 
 
 Procedure. 
 See, also, tits. "Acknowledgments"; "Auditors"; "Pensions." 
 
 CONTENTS OF CHAPTER. 
 
 A.CT 1111. Deputies in Counties and Cities and Counties of Over 120,000 Inhabitants 
 1113. Compensation for Additional Help in Office. 
 
 DEPUTIES, ETC., IN COUNTIES OF OVER 120,000. 
 ACT 1111 — An act in relation to deputies, assistants, and copyists of county clerks. 
 
 History: Approved April 2, 1880, Stats. 1880, p. 20. Amended 
 February 14, 1891, Stats. 1891, p. 5. 
 
 This act provided for the appointment and are in violation of section 5, article XI, and 
 
 compensation of deputies, clerks, ad as- subdivision 28, section 25, article XI, of the 
 
 sistants in counties, and cities and counties constitution. — San Francisco v. Broderick, 
 
 of over 120.000 inhabitants. 125 Cal. 188, 57 Pac. 887. 
 
 Inoonstitutional. — The act and the amend- Snperseded as to San Francisco by its 
 
 ment is local and special legislation, and charter. — See article V, chapter V, charter. 
 
 ADDITIONAL HELP IN OFFICE. 
 ACT 1113 — An act to provide for the payment of compensation of additional help in 
 the county clerk's office of the various counties throughout the state. 
 
 History: Approved June 2, 1913. In effect August 10, 1913. Stats, 
 1913, p. 363. 
 
 Additional help for county clerks. 
 
 § 1. In any county where it was necessary for the county clerk to employ help in 
 addition to that prescribed by law, in order to provide for the necessary work in regis- 
 tering voters, entailed by the adoption of the constitutional amendment extending the 
 right of suffrage to women, the board of supervisors shall be and they are hereby 
 authorized and emijowered to allow the demand of any person for services so rendered
 
 Act 1115, §§ 1, 2 GEXERAL LA\%'S. 488 
 
 at the request of the county clerk of the said county upon a certificate of the county 
 clerk that the services were necessary to conduct the work of his office by reason of the 
 increased work occurring, as above set forth, at the rate of three dollars for each day 
 of eight hours that any such person was so employed in rendering such services; pro- 
 vided, however, that no demand for such services shall be allowed or paid unless the 
 same was filed with ''he board of supervisors prior to the first day of May, 1913. 
 
 CHAPTER 78. 
 COUNTY ENGINEER. 
 
 CONTENTS OF CHAPTER. 
 ACT 1115. "The County Engineer Act.'* 
 
 "THE COUNTY ENGINEER ACT." 
 ACT 1115 — An act providing for a county engineer for each county in this state, 
 providing for his appointment, manner of removal, ctualifications, compensation and 
 duties; transferring to such engineer certain powers, functions and duties heretofore 
 vested in and performed by county surveyors and members of the board of super- 
 visors; also authorizing the board of supervisors for each county to purchase and 
 obtain all necessary equipment, materials and instrumentalities to carry out the 
 objects of this act; to provide said county engineer with an office and necessary 
 assistants; to provide for abolishing the oflace of county surveyor and for the fixing 
 and levying of taxes for road purposes. 
 
 History: Approved May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1290. 
 
 Appointment of county engineer. 
 
 ^ 1. The board of supervisors of any county at their option may appoint, and upon 
 petition therefor signed by qualified electors of the county equaling in number not less 
 than twenty-five per cent of the total vote cast in the county for governor at the last 
 preceding election at which a governor was elected, they must appoint a competent 
 civil engineer who has had within five years last past, not less than one year's actual 
 experience in practical road building as county engineer, who shall be deemed an 
 employee and not a county officer. The county engineer shall, under the general direc- 
 tion and supervision of the board of supervisors and except as otherwise provided 
 in this act, have complete direction and control over all of the construction, improve- 
 ment, maintenance and repair of county roads, highways and bridges. 
 
 Term. 
 
 ^ 2. The county engineer shall hold his employment for the term of four years from 
 the date of his appointment; provided, that he may be removed at any time by the 
 board of supervisors for inefficiency, neglect of duty, malfeasance or misconduct in 
 office, or other good cause shown, upon written charges to be filed with and heard by 
 the board of supervisors and sustained by a three-fifths vote of said board aftor a 
 hearing as herein provided. Said board is hereby vested with the power to administer 
 oaths, compel the attendance of witnesses and the production of books, papers and 
 testimony. A copy of such charges shall be personally served upon said county engi- 
 neer and he shall be given not less than ten days' time in which to file a written answer 
 to the charges, and if it appears to the satisfaction of such board that the charges have 
 been substantiated, the said board shall so notify said county engineer by mail, and 
 such notice shall specifically state the findings and judgment of said board, and the 
 board of supervisors of such county must thereupon forthwith remove such county 
 engineer from office and shall immediately appoint his successor in the manner pro- 
 vided in section two of this act. Prior to entering upon the duties of his employment 
 
 1 
 
 I
 
 4S9 COUNTY ENGINEER. Act 1115, §§ 3-5 
 
 the county engineer shall file with the county clerk the oath of office as prescribed 
 for the county officers and a bond conditioned upon the faithful performance of his 
 duties, with sufficient sureties approved by a judge of the superior court, in the sum 
 of five thousand dollars. 
 
 Salary, 
 
 § 3. The salary of the county engineer shall be fixed by the board of supervisors, and 
 said salary, together with the compensation of said engineer's assistants, shall be paid 
 monthly out of the county treasury of the county in which he is appointed and in the 
 same manner as county officers. The county engineer shall also be allowed from the 
 county treasury his actual traveling and other necessary expenses incurred in the per- 
 formance of the duties of his employment, and shall be a charge against the general 
 fund. The salary of the county engineer in the several counties shall be fixed by the 
 board of supervisors of said county; provided, however, that the compensation of 
 county engineer in any county shall be not less than the compensation received by 
 the county surveyor of that county at the time said county engineer is first appointed. 
 
 Ex oflcio road commissioner. 
 
 ^ 4. The county engineer shall be ex officio road commissioner of and for each and 
 every road district of his county, and, subject to the control and supervision of the 
 board of supervisors as herein provided, shall have and exercise the powers and duties 
 hereinafter set forth and specified, and such duties as may hereafter be provided by law. 
 
 Duties. 
 
 § 5. The county engineer shall : 
 
 (a) Make, or cause to be made, all surveys, maps, plans, specifications and estimates 
 necessary or required for the construction, improvement, maintenance and repair of 
 the county roads, highways and bridges, and shall, from and after the first Monday in 
 September, 1919, have and exercise all the powers and duties, and perform all the 
 functions which are now by law conferred or imposed upon county surveyors, except 
 as herein othenvise provided. 
 
 (b) Examine and inspect, or cause to be examined and inspected, the work performed 
 on such roads, highways and bridges, and report to the board of supervisors whether 
 or not the work has been done in accordance with the plans and specifications and 
 contracts therefor. 
 
 (c) Approve and certify to the progress estimates and allowances for work performed 
 under all contracts for the construction, improvement, maintenance, or repair of county 
 roads, highway's and bridges. 
 
 (d) Inspect, or cause to be inspected, all county roads, highways and bridges within 
 the county, and keep such roads, highways and bridges clear from obstructions, and 
 when authorized by the board of supervisoi's he may employ all men, teams and equip- 
 ment necessary' to keep such roads in good repair when the same is not let by contract, 
 and report to the board of supervisors with respect to such inspection and such work 
 from time to time as said board shall require; and certify to the correctness of all pay 
 rolls for work done by day labor or force account on county roads, highways and bridges. 
 
 (e) Have control and management under the general supervision of the board of 
 supervisors of all county rock quarries, oil pits and depots, gravel pits and all mate- 
 rials, property, implements, instruments, tools, machinery and other appurtenances 
 necessary for the construction, improvement, maintenance and repair of county roads, 
 highways and bridges, and shall be the custodian of the plans therefor. 
 
 (f) He may also hold and perform the duties of the office of county surveyor, but in 
 all such cases no salary or other compensation shall be jiaid to him as county surveyor. 
 He shall not be iutert-oted either directly or indirectly in any contracts within his juris-
 
 Art 1115, §§ 6-9 GBNI^RAL LAWS. 400 
 
 diction, nor shall he be interested in the purchase of materials, supplies or equipment 
 of any kind used in connection with the performance of his duties under the provisions 
 of this act. 
 
 (g) Prepare annually a budget showing in detail the needs of the county for con- 
 struction, improvement, maintenance or repair of county roads, highways and bridges 
 for the ensuing year, and submit the same to the county auditor and board of super- 
 visors at least sixty days prior to the date of the meeting at which the board of 
 supervisors is required to fix the county tax rate and levy the county taxes. 
 
 (h) Make a written report to the board of supervisors at their first regular meeting 
 of each month, and in it he shall state the amount and character of work done, during 
 the i^receding month, the progress of any contracts under waj', approximate cost of tho 
 work and matters pertaining to the public roads, highways, streets and bridges or othei 
 public works, which, in his judgment, should be brought to their attention. This report 
 shall contain the recommendation of acceptance or rejection of any public work com- 
 ])leted, and all official announcements or statements which the engineer is required to 
 make to the board. The size and form of these reports shall be uniform and upon 
 blanks supplied by the state engineer and a copy shall be filed, one in the oflfice of the 
 board of supervisors and another in the office of the county engineer. 
 
 (i) On or before the first day of July of each year, file with the board of supervisors 
 a complete report of the work of the preceding year, which report shall be in the form 
 required and contain the information desired and requested by the state engineer and 
 upon blank forms supplied by him. A copy of said report shall also be filed in the office 
 of the board of supervisors. 
 
 (j) Perform such other duties pertaining to the construction, improvement, mainte- 
 nance or repair of county roads, highways and bridges as the board of supervisors may 
 prescribe. 
 
 Emplojmient of additional help. 
 
 § G. The board of supervisors shall provide by ordinance or resolution for the 
 employment, when necessary, of additional field and office help by said countj' engineer, 
 and shall prescribe the compensation to be paid to all persons so employed, for the 
 time during which they may be actually engaged in the service of the county and for 
 their actual necessary expenses incuiTed in the performance of their duty. 
 
 Of&ce accommodations. 
 
 § 7. The board of supervisors shall provide and assign to the county engineer and 
 his assistants a suitable office or offices in the court house, or in some place conveniently 
 located with reference thereto with all necessary instruments, tools, implements, 
 stationery and supplies. 
 
 Requisition for supplies. 
 
 $ 8. The county engineer shall make requisition upon the board of supervisors for 
 the purchase of all tools, implements, machinery, materials and supplies required to 
 carry out the intent of this act, and said requisition shall state plainly the estimated cost 
 of the article or articles to be purchased. He shall approve all claims for the same 
 before such claims are audited and passed by the board of supervisors. He shall be 
 the custodian and be responsible for all equipment under his control. All such property 
 shall be stored and protected from the weather when not in use. An inventory of all 
 property in his custody shall be made annually and kept on file in the office of the 
 county engineer. 
 
 Certificate of approval of contract work. 
 
 ^ 9. Upon the completion of work done for the county on its roads, highways, streets, 
 bridges and aqueducts, or in connection with the same, the county engineer must exam- 
 
 i
 
 4!U COL'NTY EXGIXEER. Act 1115, §§ 10-13 
 
 ine the same and if completed in accordance with the specifications thereof, he must 
 submit to the board of supervisors a certificate over his signature and ofiicial seal to 
 the effect that such work by the contractors thereof has been completed in accordance 
 with the specifications thereof and recommending its acceptance. The board shall there- 
 upon audit the same and direct its payment out of the proper fund or funds. 
 
 Purchase of material from state. 
 
 § 10. Whenever the state department of engineering has authority to sell equipment, 
 materials or supplies for road building, repairs or maintenance and a saving may be 
 made to a county by purchasing from said department, the board of supervisors upon 
 the recommendation of the county engineer may purchase such equipment, materials or 
 supplies from the state. 
 
 County surveyor replaced by county engineer. 
 
 § 11. The office of county surveyor of any county shall be and is hereby abolished 
 upon the occurrence of any of the following conditions : 
 
 fa) Upon the appointment as county engineer of the person who holds the oflBce of 
 county surveyor at the time such appointment is made and the acceptance of such 
 appointment by the county surveyor; or 
 
 (b) In other cases, upon the expiration of the term of the person who holds the office 
 of county surveyor at the time the appointment of county engineer is made; provided, 
 that if such appointment is made within six months of the expiration of the then cur- 
 rent term of county surveyor, the office of surveyor in such county shall be and is 
 hereby abolished upon the expiration of the next succeeding term. 
 
 Does not limit powers of supervisors. 
 
 ^ 12. Nothing herein contained shall be held, deemed or construed to prevent 
 members of boards of supervisors from visiting and inspecting work in progress within 
 the county or from receiving for such services the mileage now allowed by law. 
 
 Title. 
 
 ^ 13. This act shall be known as and when cited or amended may be designated as 
 "the county engineer act." 
 
 COUNTY GOVERNMENT. 
 See Kerr's Cyc. Political Code, U 4000, et seq. 
 
 COUNTY WATER DISTRICTS. 
 See tit. "Water Districts." 
 
 COUNTY WATER WORKS DISTRICTS. 
 See tit. "Water Districts." 
 
 I
 
 A-cts 1128-1130 GENKRAL LAWS. 4»2 
 
 CHAPTER 79. 
 
 COURTS. 
 
 References: Attorneys, admission of, see Keir's Cyc. Code Civil Procedure, §§ 276, et seq. 
 
 City court, see tit. "Mayors." 
 
 District Court of Appeals, see tit. "District Court of Appeals." 
 
 District Court of Appeals, officers and reporters of, see Kerr's Cyc. Political Code, 
 §§758, 759. 
 
 Industrial Accident Commission, see tits. "Industrial Accident Commission"; "Mas- 
 ter and Servant." 
 
 Judges of courts and justices of the peace, see Kerr's Cyc. Political Code and Kerr's 
 Cyc. Code Civil Procedure, particular title. 
 
 Justices courts, jurisdiction of, see Kerr's Cyc. Code Civil Procedure, § 103. 
 
 Justices courts, see tit. "Municipal Corporations," Act 3094. 
 
 Juvenile court, see tits. "Juvenile Court Law"; "Preston School of Industry"; 
 "Whittier State School." 
 
 Juvenile court, jurisdiction of charge of "failure to provide for minor child," see 
 Kerr's Cyc. Penal Code, § 270. 
 
 Military court, see tit. "National Guard." 
 
 Police court, see tits. "Municipal Corporations," Act 3094; "Police Courts." 
 
 Railroad Commission, see tit. "Public Utilities." 
 
 Restoration of records, see tit. "Burnt and Destroyed Records." 
 
 Superior court, see appropriate title, Kerr's Cyc. Code Civil Procedure. 
 
 Superior court of particular county, see particular title. 
 
 Supreme court, particular subject, see particular title, Kerr's Cyc. Code Civil Pro- 
 cedure. 
 
 Supreme Court, review of decisions of Railroad Commission, see tit. "Public 
 Utilities." 
 
 CONTENTS OF CHAPTER. 
 ACT 1128." Transfer of Records From Old to New Courts. 
 
 1129. Appointment of Secretary of Superior Courts in Counties and Cities and 
 
 Counties op 200,000 Inhabitants. 
 
 1130. Confer District, County and Probate .Jurisdiction on Superior Court. 
 
 TRANSFER OF RECORDS. 
 ACT 1128 — An act to transfer records, etc., from the courts existing prior to 1879. 
 History: Approved February 4, 1880, Stats. 1880, p. 2 
 
 This act provided for the transfer of the criminal court, and this act was not neces- 
 
 court records from the courts existing- prior sary to confer jurisdiction of such a case 
 
 to the constitution of 1879 to the new pending prior to the going into effect of 
 
 courts created by that instrument. the constitution and undisposed of in the 
 
 Jurisdiction of superior court. — Section 5, municipal criminal court. — Ex parte Wil- 
 
 article VI, of the constitution vested juris- liams, 87 Cal. 78, 24 Pac. 602. 25 Pac. 248. " 
 
 diction in all felony cases theretofore ex- See, also, Shay v. Superior Court, 57 Cal. 
 
 ercised by the San Francisco municipal 542; Smith v. Hill, 89 Cal. 122, 26 Pac. 644. 
 
 APPOINTMENT OF SECRETARY. 
 
 ACT 1129 — An act authorizing judges of superior court in counties, and cities and 
 
 counties, having a population of two hundred thousand or over, to appoint a secretary. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 98. Amended 
 April 16, 1909, Stats. 1909, p. 940. 
 
 The amendment applied to cities and Jury commission, salary of secretary as. — 
 
 counties and counties of 300,000 population See Kerr's Cyc. Code Civil Procedure, § 204e. 
 and fixed the salary at $250 per month. 
 
 SUPERIOR COURT JURISDICTION. 
 ACT 1130 — An act to confer upon the superior court of each county powers heretofore 
 possessed by the district, county and probate court. 
 
 History: Approved April 3, 1880, Stats. 1880, p. 23. 
 
 As to the effect and necessity of this and Pac. 602, 25 Pac. 248; Smith v. Hill, 89 Cal. 
 
 similar acts. — Shay v. Superior Court, 57 122, 26 Pac. 644. 
 Cal. 542; Ex parte Williams, 87 Cal. 78, 21 
 
 COVINA. 
 
 See Act 3004, note.
 
 40-j CRESCENT CITY. Acts 1146-1155, §§ 1, 2 
 
 CHAPTER 80. 
 
 CRESCENT CITY. 
 
 References: Incorporation, see Act. 3094, note. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1146. AuTHOKiziNG Location of Townsitb. 
 1147. Ceding Tide Lands. 
 
 LOCATION OF TOWNSITE. 
 
 ACT 1146 — An act to authorize the location of the townsite of Crescent City. 
 History: Approved February 12, 1859, Stats. 1859, p. 24. Amended 
 April 10, 1862, Stats. 1862, p. 226; supplemented April 27, 1860, Stats. 
 1860, p. 278. 
 
 TIDE LAND GRANT. 
 
 ACT 1147 — An act to cede certain property to the town of Crescent City. 
 
 History: Approved March 20, 1868, Stats. 1867-68, p. 335. Amended 
 March 4, 1870, Stats. 1869-70, p. 131. 
 
 CHAPTER 81. 
 
 CRIMINAL IDENTIFICATION. 
 References: Convicts, photographs and marks of identification, duty of wardens of 
 state prisons to furnish, see tit. "Convicts." 
 
 CONTENTS OF CHAPTER. 
 ACT 1155. Bureau of Criminal Identification Created. 
 
 BUREAU OF CRIMINAL IDENTIFICATION. 
 ACT 1155 — An act creating a state hureau of criminal identification and investigation, 
 providing for its organization and defining its powers and duties and making an 
 appropriation to carry out the provisions hereof, and repealing an act entitled "An 
 act to create a state hureau of criminal identification, and providing for the appoint- 
 ment of a director of said hureau, defining his duties and qualifications and powers; 
 providing for the appointment of a clerk of said hureau and fixing his qualifications; 
 fixing compensation of said director and clerk, providing for the manner of pajring 
 the same and providing for the expense of conducting the office," approved March 20, 
 1905. 
 
 History: Approved May 31, 1917. In effect July 30, 1917. Stats. 
 1917, p. 1391. Prior act approved March 20, 1905, Stats. 1905, p. 520, 
 repealed by present act. A supplementary act, approved May 27, 
 1919, Stats. 1919, p. 1213, appropriated $37,700 to carry out the pur- 
 poses of the act. 
 
 Bureau of criminal investigation and identification. 
 
 $ 1. There is hereby created a state bureau of criminal identification and inves- 
 tigation. 
 
 Term of members. 
 
 § 2. Within ten days after this act goes into effect, it will be the duty of the 
 governor to appoint a board of managers of said bureau, consisting of three members; 
 one of whom shall be a chief of police of an incorporated city within the state of Cali- 
 fornia, and one to be a duly elected, qualified and acting sheriff of a county within said 
 state, and one to be a duly elected, qualified and acting district attorney of a county 
 within said state; one member of said board shall be appointed to hold office for the 
 term of two years, one member shall be appointed to hold office for the term of three 
 years, and one member to be appointed to hold office for the term of four years, and 
 thereafter, all appointments shall be for the full term of four years; provided, however,
 
 Act 1155, §§ 3-6 GENERAL LAWS. 494 
 
 that should the term of any such member of the said board expire as such chief of 
 police, or such sheriff, or such district attorney, he shall cease to be a member of the 
 said board; and provided, further, that the governor shall fill all vacancies created in 
 said board by the appointment of the same kind of an officer as was his predecessor. 
 
 Duties of board of managers. Superintendent. 
 
 i5i 3. It shall be the dutj' of said board of managers within ten days after its appoint- 
 ment to take absolute control and management of said bureau, to meet and organize by 
 choosing one of their number to be president, to make and adopt such rules as are 
 necessary for proper conduct of their business as such board of managers, to provide 
 for the appointment of a superintendent and such other employees as may be required ; 
 said appointments to be made by the said board of managers from an eligible list pro- 
 vided for such purpose by the civil service commission; also to provide equipment for 
 said bureau, with necessary furniture, fixtures, apparatus, appurtenances, appliances 
 and materials as are necessary for the collection, filing and preservation of all criminal 
 records both as to identification and investigation of criminals, and stolen, lost, found, 
 pledged or pawned property. 
 
 Photos, etc., of criminals. 
 
 § 4. It shall be the duty of said board of managers to procure and file for record 
 and report in their office, as far as such can be procured, all plates, photos, outline 
 pictures, descriptions, information and measurements of all persons who have been or 
 shall hereafter be convicted of felony, or imprisoned for violating any of the military, 
 naval, or criminal laws of the United States of America, and of all well-known and 
 habitual criminals from wherever procurable. 
 
 Information furnished. 
 
 $ 5. It shall be the duty of said board of managers to file or cause to be filed all 
 plates, photographs, outline pictures, measurements, information and description which 
 shall be received by it by virtue of its office and it shall make a complete and systematic 
 record and index of the same, providing thereby a method of convenience, consultation 
 and comparison. It shall be the duty of said board of managers to furnish, upon 
 application, all information pertaining to the identification of any person, or persons, 
 a plate, photograph, outline picture, description, measurement, or any data of which 
 person there is a record in its office. Such information shall be furnished to the United 
 States officers or officers of other states or territories, or possession of the United States 
 or peace officers of other countries duly authorized to receive the same, and all peace 
 officers of the state of California, which application shall be in writing and accom- 
 panied by a certificate signed by the officer making such application, stating that the 
 information applied for is necessary in the interest of the due administration of the 
 laws, and not for the purpose of assisting a private citizen in carrying on his personal 
 interests or in maliciously, or uselessly, harassing, degrading or humiliating any person 
 or persons. 
 
 Systems of identification. 
 
 ^ 6. In this bureau may be used the following systems of identification : the Bertil- 
 lon, the finger print system and any system of measurement that may be adopted by 
 law in the various penal institutions of the state. It shall be the duty of said board 
 of managers to keep on file in its office a record consisting of duplicates of all measure- 
 ments, processes, operations, signaletic cards, plates, photographs, outline pictures, 
 measurements and descriptions of all persons confined in penal institutions of this state 
 as far as possible, in accordance with whatever system or systems may be in vogue 
 in this state. 
 
 1
 
 4!>3 CRIMINAL, IDENTIFICATION. Act 1155, gg 7-ia 
 
 Offices. 
 
 $ 7. Suitable offices for the proper conduct of the bureati shall be provided for by 
 the superintendent of capitol buildings and grounds. 
 
 Daily copies of finger prints. Daily reports of property stolen, etc. 
 
 § 8. It is hereby made the duty of the sheriffs of the several counties of the state of 
 California, the chiefs of police of incorporated cities therein and marshals of incorpo- 
 rated cities and towns therein to furnish to the said bureau daily copies of finger prints 
 on standardized eight by eight inch cards, and descriptions of all such persons arrested 
 who in the best judgment of such sheriffs, chiefs of police, or city marshals are persons 
 wanted for serious crimes, or are fugitives from justice, or of all such persons in whose 
 possession at the time of arrest are found goods or property reasonably believed by 
 such sheriffs, chiefs of police or city marshals to have been stolen by them; or of 
 all such persons in whose possession are found burglar outfits or burglar tools or burglar 
 keys or who have in their possession high power explosives reasonably believed to be 
 used for unlawful purposes or who are in possession of infernal machines, bombs or 
 other contrivances in whole or in part and reasonably believed by said sheriffs, chiefs 
 of police and city marshals to be used for unlawful purposes, or of all persons who 
 carry concealed firearms or other deadly weapons and reasonably believed to be car- 
 ried for unlawful purposes, or who have in their possession inks, dye, paper or other 
 articles necessary in the making of counterfeit bank notes, or in the alteration of bank 
 notes; or dies, molds or other articles necessary in the making of counterfeit money, 
 and reasonably believed to be used by them for such unlawful purposes. This section 
 is by no means intended to include violators of city or county ordinances or of persons 
 arrested for other trifling offenses. It is further made the duty of the aforesaid 
 sheriffs, chiefs of police or city marshals to furnish said bureau daily reports of lost, 
 stolen, found, pledged or pawned property received into their respective offices. 
 
 Record of reports. 
 
 $ 9. In order to assist in the recovery of said property and in the arrest and prose- 
 cution of criminals, it is hereby made the duty of the said board of managers of said 
 bureau to keep a complete record of all reports filed with the said bureau, of all per- 
 sonal property stolen, lost, found, pledged, or pawned in any city or county of this state. 
 
 File cards. 
 
 § 10. To provide for the installation of a proper system, and file, and cause to be 
 filed therein cards containing an outline of the method of operation employed by 
 criminals in the commission of crime. 
 
 Salaries. 
 
 §11. The board of managers of this bureau shall serve without compensation; 
 provided, however, that they shall receive their necessary traveling expenses while 
 attending meetings of said board. The superintendent shall receive a salary of two 
 thousand four hundred dollars per annum; the salaries of the other employees shall be 
 fixed by the board of managers, subject to the approval of the board of control. The 
 superintendent and the other employees shall be paid in the same manner and out of 
 the same fund as the state officers are paid. 
 
 Appropriation. 
 
 § 12. There is hereby appropriated out of any money in the state treasury, not 
 otherwise appropriated, the sum of thirty-six thousand dollars, or so much thereof as 
 may be necessary, to be used by said board of managers in furnishing, equipping and 
 maintaining the said bureau in accordance with the provisions of this act, and for the 
 payment of the salaries herein provided for, for the fiscal year ending June thirtieth,
 
 Act 1162, 6 1 GENKRAIi LAWS. 406 
 
 one thousand nine hundred eighteen, and the fiscal year ending June thirtieth, one 
 thousand nine hundred nineteen. 
 
 $ 13. The state controller is hereby directed to draw warrants in favor of the said 
 board of managers at such times and such amounts as shall be approved by the state 
 board of control, and the state treasurer is hereby directed to pay the same. 
 
 $ 14. All furniture, equipment and records now on file and in use in the office of 
 the "bureau of criminal identification of the state of California," shall become a part 
 of the furniture, equipment and records of the "state bureau of criminal identification 
 and investigation," immediately upon the organization of the board of managers as 
 provided for in this act. 
 
 Stats. 1905, p. 520, repealed. 
 
 $15. An act entitled, "An act to create a state bureau of criminal identification, 
 and providing for the appointment of a director of said bureau, defining his duties and 
 qualifications and powers; providing for the appointment of a clerk of said bureau 
 and fixing his qualifications; fixing compensation of said director and clerk, providing 
 for the manner of paying the same and providing for the expense of conducting the 
 office ' ' ; approved March 20, 1905, is hereby repealed and all other acts and parts of acts 
 in conflict herewith are hereby repealed. 
 
 Codified. — Code commissioners say the repealed act was codified by $§ 1572, et seq.. Penal 
 Code, as adopted in 1907. 
 
 CHAPTER 82. 
 
 CRUELTY TO ANIMALS. 
 
 References: Cruelty to animals, see Kerr's Cyc. Penal Code, §§ 597, et seq. 
 
 Societies for the prevention of cruelty to animals, see Kerr's Cyc. Civil Code, §§ 607, 
 et seq. 
 
 As to what constitutes cruelty to animals, see note 47 Am. Rep. 310. 
 
 Dogs within act prohibiting cruelty. — See 39 L. R. A. 709» 
 
 Ordinance to prevent, under power to prohibit nuisance. — See 39 L. R. A. 520. 
 
 Shooting doves from traps. — See 33 L. R. A. 836. 
 
 Shooting pigeons at matches. — See 11 L. R. A. 522. 
 Editor's Note: An act for the more effectual prevention of cruelty to animals was 
 approved March 30, 1868 (Stats. 1867-68, p. 604). This act was amended March 15, 1872 
 (Stats. 1871-72, p. 393). It was repealed by a later act approved March 20, 1874 (Stats. 
 1873-74, p. 499). This later act was amended March 14, 1901 (Stats. 1901, p. 285); 
 March 2, 1903 (Stats. 1903, p. 69); March 20, 1905 (Stats. 1905, p. 498). These acts 
 provided for the formation and management of societies for the prevention of cruelty 
 to animals, and the procedure for the prosecution and punishment thereof. They were 
 continued in force by the codes. See Kerr's Cyc. Penal Code, § 23, subd. 8; Kerr's Cyc. 
 Political Code, § 19, subd. 8. The code commissioners say of these acts, in substance, 
 that they were codified, or superseded, where not codified, by the sections of the Civil 
 Code and Penal Code relating to the subject. See supra, References. 
 
 CONTENTS OF CHAPTER. 
 ACT 1162. Use of Bristle Bub, Tack Bur, Etc., Prohibited. 
 
 USE OF BRISTLE BUR, ETC., PROHIBITED. 
 ACT 1162 — An act to prohibit the use of the bristle bur, tack bur, or other like devices 
 on horses or other animals in this state. 
 
 History: Approved March 13, 1903, Stats. 1903, p. 139. 
 
 Bristle bur, tack bur, etc., on horses prohibited. 
 
 § 1. It shall be unlawful hereafter in this state for any one, owner, driver or other 
 person, having the care, custody or control of any horse or other animal, to use what 
 is known as the bristle bur, tack bur, or other like device, by whatsoever name known 
 or designated, on any said horse or other animal for any purpose whatsoever.
 
 497 
 
 DAIRIES. Act 1166, s 
 
 Penalty. 
 
 $ 2. A violation of the provisions of this act shall be deemed a misdemeanor and 
 any one found guilty thereof shall be punished by a fine of not less than twenty-five 
 dollars nor more than two hundred and fifty dollars, or by imprisonment in the county 
 jail not less than ten nor more than one hundred and seventy-five days, or may be 
 punished by both such fine and imprisonment. 
 
 Repeal of conflicting acts. 
 
 $ 3. AH acts and parts of acts in conflict with the provisions of this act are hereby 
 repealed. 
 
 $ 4. This act shall take effect and be in force from and after its passage. 
 
 CRUELTY TO CHILDREN. 
 
 See tit. "Infants." 
 
 CULVER CITY. 
 
 See Act 3094, note. 
 
 CHAPTER 83. 
 
 DAIRIES. 
 
 References: Adulteration in dairy products, see tit. "Adulteration." 
 Butter, see tit. "Butter." 
 CPieese, see tits. "Butter"; "Cheese." 
 Dairy Bureau, see, ante, Act 621. 
 
 Dairy regulation by boards of health, see tit. "Public Health.** 
 
 Director of agriculture, successor to Dairy Bureau, see tit. "Agriculture," Act. 96. 
 Enforcement of the law as to false tests for dairy products, see Kerr's Cyc. Pen. 
 Code, § 381b. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1166. Dairy Sanitation and Inspection Act of 1905. 
 
 1167. Dairy Sanitation and Inspection Act of 1911. 
 
 1168. Standard for Condensed and Evaporated Milk. 
 1168a. Use of Chemicals to Prevent Fermentation. 
 
 1169. Production of Certified Milk. 
 
 1171. Dairy Inspection Act of 1917. 
 
 1172. Imitation Milk. 
 
 DAIRY SANITATION AND INSPECTION ACT OF 1905. 
 ACT 1166 — An act to prevent the sale of dairy products from unhealthy animals and 
 produced under unsanitary conditions; to provide for the inspection of dairy stock, 
 dairies, factories for the production of dairy products and places where dairy prod- 
 ucts are handled and sold; to improve the quality of dairy products of the state; to 
 prevent deception in the sale of dairy products and to appropriate money for 
 enforcing its provisions. 
 
 History: Approved March 20, 1905, Stats. 1905, p. 462. Former act 
 of March 22, 1899, Stats. 1899, p. 171, repealed by present act. Largely 
 superseded by later act, see, post. Act 1167. 
 
 Dairy products, sale of. Sanitary condition of creamery, store or depot. Cows affected 
 
 by disease. 
 
 § 1. No person or persons, firms or corporations, by themselves or their agents or 
 employees, shall sell, expose for sale or offer for sale, or exchange, present or deliver to 
 any creamery, cheese factory, milk condensing factory, or any other buyer or consumer, 
 any unclean, unwholesome, stale, impure milk, cream, butter, condensed or evaporated 
 milk or other article produced from such milk or cream. Neither shall any person or 
 
 Gen Laws — 32
 
 Act 1166, §§ 2, 3 GENE:raL, LAWS. 49S 
 
 persons, firms or eori-)orations, by themselves or their agents or employees, sell, expose 
 for sale, or offer for sale, ot exchange, present or deliver to any consumer, creamery, 
 cheese factory, milk condensing factory, or any other buyer or consumer, any milk, 
 cream, butter, cheese, condensed milk or other products manufactured therefrom, which 
 has been produced in or by a dairy, or factory of dairy products, or that is, or has been, 
 handled in any store or depot that is in an unsanitary condition, or that is produced 
 from cows affected by any disease or from cows within five days after or fifteen days 
 preceding parturition. 
 
 Dairy deemed unsanitary, when. 
 
 ^2. A dairy shall be deemed unsanitary under the meaning of this act when, among 
 other causes that render milk, or products made therefrom, unclean, unwholesome, 
 impure and unhealthy, 
 
 (b) If the drinking water is stagnant, polluted with manure, urine, drainage, decay- 
 ing vegetable or animal matter. 
 
 (c) If the yards or inclosures are filthy or unsanitary, or if any part of such yards 
 or inclosures, other than pastures, are made the depositories of manure in heaps or 
 otherwise where it is allowed to ferment and decay. 
 
 If the walls become soiled with manure, urine or other filth. 
 
 (g) If to the interior of cattle stables, barns or milking sheds an application of lime 
 whitewash is not made at least once in two years, or if the mangers, or other receptacles 
 from which cows are fed, decaying food or other material is allowed to accumulate. 
 
 (i) If the pails, cans, bottles or other containers of milk, or its products, strainers, 
 coolers or other utensils coming in contact with milk or its products are not sterilized 
 by boiling water or superheated steam each and every time the same are used. 
 
 (j) If the person wearing apparel of the dairyman, his employees, or other«persons. 
 who come in contact with milk and its products are soiled or not washed from time 
 to time. 
 
 Creamery deemed unsanitary, when. 
 
 § 3. A creamery or any factory of dairy products or any store, depot or other place 
 where milk is handled or kept for sale shall be deemed unsanitary under the meaning 
 of this act when, among other causes that render milk, or products made therefrom, 
 unclean, unwholesome, impure, stale or of low grade or inferior quality. 
 
 (a) If milk or cream is received that has reached an advanced stage of fermentation, 
 or that shows a state of putrefactive fermentation, or if it is received in cans or other 
 containers that have not been sterilized by means of boiling water or superheated steam 
 after each delivery. 
 
 (b) If the utensils and apparatus that comes in contact with milk or its products in 
 process of manufacture are not thoroughly washed and sterilized by means of boiling 
 water or superheated steam. 
 
 (c) If the floor is so constructed that permits the flowing or soaking of water, milk 
 or other liquids underneath or among the interstices of such floor where fermentation 
 and decay may take place, or if such floor may not be readily kept free from dirt. 
 
 (d) If drains are not provided that will convey refuse milk, water and sewage at 
 least fifty yards from such creamery or factory of dairy products, or if any cesspool, 
 privy vault, hog-j^ard, slaughter-house, manure or any decaying vegetables or animal 
 matter shall be within a distance that will permit foul odors from reaching any cream- 
 ery or other factory of dairy products or store or depot where milk or its products is 
 sold or handled. 
 
 (e) If such creamery or factory of dairy products does not permit access of light 
 and air sufficient to secure good ventilation. 
 
 (f) If any building or buildings used in connection with any creamery, or factory of
 
 409 DAIRIICS. Act 1166. §§ 4-7 
 
 dairy products, any insects or other species of animal life are permitted, or if upon the 
 floor, the sides and walls any milk or its products, or if any other lilth is allowed to 
 accumulate and ferment and decay, or if the bodies or wearing apparel of persons 
 employed, or coming in contact with any milk or its products in any creamery, or 
 factory of any dairy products, shall be unclean and not washed from time to time. 
 
 Preparations, what may and what may not be used. Harmless coloring. 
 
 $ 4. No person or persons, firms or corporations, by themselves or their agents oi 
 employees, shall sell, expose for sale, or exchange, present or deliver to any creamery, 
 cheese factor*}', milk condensing factory, ice-cream producer, or any other buyer, or 
 consumer, any milk, or any product manufactured or prepared therefrom, to which any 
 compound containing salicylic acid, formaldehyde, coloring matter or any other chemi- 
 cal or preparation other than common salt, or sodium chloride, shall have been added 
 with intent to prevent fermentation, or to change the color (in case of milk and cream) ; 
 provided, that such person or persons, firms or corporations or their agents or employees 
 may use preparations of boron to prevent fermentation in milk or its products, but 
 whenever any preparation of box'on is used for such purpose, each and every package 
 or container of milk or its products shall have plainly marked thereon, the fact that 
 it contains such preparation of boron. 
 
 Neither shall any gelatine, or other substance, be added to milk or cream with intent 
 to increase its viscosity or otherwise cause it to appear better in quality than it is, 
 exeeiDt each and every package and container of such milk or cream shall have marked 
 thereon in a manner, or be accompanied by a statement, to be prescribed by the state 
 dairy bureau, showing the nature of the substance added; provided, that this section 
 shall not be construed to prevent the use of harmless coloring matter in butter, ice- 
 cream or confectionery into which milk or its products enter. 
 
 Packages of butter marked with the word pasteurize. 
 
 ^ 5. No person or persons, firms or corporations, by themselves or their agents or 
 employees, shall manufacture for sale, offer for sale, expose for sale, or have in his 
 or their possession for sale, any package of butter upon which, or upon the wrapper 
 or container of which, there shall be printed, or otherwise marked, the word pasteurize 
 or any of its derivatives unless in the process of the manufacture of the butter con- 
 tained therein either the milk or cream from which the same was made shall have been 
 exposed to a temperature exceeding one hundred and fifty degrees Fahrenheit. 
 
 Designs of producer of butter to appear on wrapper. 
 
 § 6. In case any butter is sold or offered for sale in a package or wrapper purporting 
 to designate the producer of such butter, such producer must be correctly designated; 
 and if under a label purporting or calculated to designate the place of production, 
 specifying county and state, must be correctly designated. No person, firm or corpo- 
 ration shall put up in package or wrapper or otherwise prepare for shipment or sale 
 any butter under label purporting to designate the producer or place of production, 
 except in accordance with the provisions herein; nor shall any person sell or offer for 
 sale any butter in a package or wrapper purporting to designate the name of the pro- 
 ducer or the place of production except in accordance with the provisions herein. 
 
 Dairy bureau, duty of. Officers, qualification, duties, compensation. Unsanitary condi- 
 tions, duties and powers. 
 
 § 7. It shall be the duty of the state dairy bureau, now existing under the laws of 
 this state, to carry out and enforce the provisions of this act, and it is authorized and 
 directed under this act out of the money appropriated as provided herein, to employ 
 such assistant agents as inspectors as it may deem necessary and to fix therein compen- 
 sation not to exceed $4 per day, exclusive of their necessary and actual expenses, such
 
 Act 1166. gg S-10 GENERAL LAW'S. 600 
 
 expenses to be itemized and rendered under oath, or $100 per monlli exclusive of t hH ** 
 necessary and actual expenses. Such agents shall have had experience in the manu- 
 facture of dairy products and the handling of daii-y cattle. In carrying out the pro- 
 visions of this act the secretary and agent of the state dairy bureau shall receive, in 
 addition to the salary now received under the provisions of the act creating said state 
 dairy bureau, such additional compensation as the dairy bureau may see fit, but not to 
 exceed $100 per month to be drawn from the amount appropriated herein. The state 
 dairy bureau through its agent and secretary, and assistant agents shall inspect the 
 dairies, dairy cattle, creameries and other factories of dairy products, markets, and 
 other places where dairy products are prepared or handled, and keep a careful record 
 of such inspection and report the same to the state dairy bureau, and upon evidence 
 obtained that any of the provisions of this act are being violated, the state dairy bureau, 
 through its agent and secretary, or its assistant agents, shall duly enter complaint 
 against the party or parties, responsible for such violations and cause the same to be 
 prosecuted, except in cases where any dairy, creamery or other factory of milk products 
 or store or depot where milk and its products are handled and sold, is found to be in 
 an unsanitary condition, in which ease the agent and secretary, or the assistant agent, 
 for the district in which the violation occurred, shall serve upon the owner, or owners, 
 or person in charge of the dairy, creamery or other factory of milk products so found 
 to be in an unsanitary condition, a written notice specifying in detail such changes 
 that are to be made that will place such dairy, creamery, or other factory of milk 
 products or store or depot in a sanitary condition as defined in this act. Should such 
 changes not have been made at the expiration of thirty days after the date when the 
 notice was served, the state dairy bureau, through its agent and secretary, or its 
 assistant agents, shall enter complaint against the person or persons responsible for 
 such unsanitary conditions and cause them to be prosecuted for violating this act. 
 
 Dairy bureau to compile statistics. 
 
 § 8. The state dairy bureau is authorized under this act to gather and compii. 
 statistics relative to the dairy industry and to disseminate the same and other informa- 
 tion useful to, and to the general good and development of the daiiy industry of the 
 state. 
 
 Agent or inspector to report cases of infectious diseases to state veterinarian. 
 
 § 9. Whenever any agent or inspector of the state dairy bureau shall discover the 
 existence of any contagious or infectious disease among dairy cattle, or have good 
 reason to believe that such disease may exist the same shall be immediately reported 
 to thr state veterinarian. 
 
 Violation of this act, penalty. Interference with agent or inspector, punishment. Dis- 
 position of fines. 
 
 5 10. Whoever shall violate any of the provisions of this act shall be deemed guilty 
 of misdemeanor, and upon conviction thereof shall be punished by a fine of not less 
 than ten dollars nor more than two hundred dollars or by imprisonment in the county 
 jail for a period of not less than ten days nor more than one hundred days, or by both 
 such fine and imprisonment. Any person or persons who shall hinder or prevent an 
 agent or inspector of the state dairy bureau, in the performance of his duty under this 
 act, shall likewise be deemed guilty of a misdemeanor, and upon conviction, shall be 
 fined as already provided in this act. One-half of all fines imposed for the violation of 
 this act shall be paid to the state dairy bureau which shall pay the same to the state 
 treasurer and the same shall become a part of the appropriation under this act. The 
 remaining one-half of such fines shall be paid to the county in which the fine ia imposed.
 
 501 DAIRIES. Act 1 167, §1 
 
 Duty of district attorney. 
 
 ^ 11. It slaall be the duty of the district attorney, upon application of the state dairy 
 bureau, through its agent and secretary, or assistant agents to attend to the prosecu- 
 tion, in the name of the people, of any suit brought for the violation of any of the 
 provisions of this act within his district. 
 
 Appropriation. 
 
 § 12. There is hereby appropriated for the use of the state dairy bureau in enforcing 
 and carr\'ing out the provisions of this act, out of any money in the state treasury not 
 otherwise appropriated, the sum of one thousand five hundred dollars ($1,500) for the 
 remainder of the fifty-sixth fiscal year; five thousand dollars, ($5,000) for the fifty- 
 seventh fiscal year and five thousand dollars ($5,000) for the fifty-eighth fiscal year. 
 All salaries, fees, costs and expenses shall be drawn from the money so appropriated, 
 and the state controller shall draw his warrant on the state treasury in favor of the 
 person or persons entitled to the same. 
 
 Repeal of former and inconsistent acts. 
 
 ^ 13. An act approved March 22, 1899, entitled "An act to provide for the inspection 
 of dairies, factories of dairy products, and of dairy products as to their sanitary con- 
 dition, and as to the health of stock; to prevent the sale of milk aiid products of milk 
 drawn from diseased animals; to prevent the spread of infectious and contagious dis- 
 eases common to stock, and to appropriate money therefor, ' ' and all other acts or parts 
 of acts inconsistent with this act are hereby repealed. 
 
 Time of taking effect. 
 
 j 14. This act shall take effect thirty days after its passage. 
 
 DAIRY SANITATION AND INSPECTION ACT OF 1911. 
 ACT 1167— An act to prevent the manufacture or sale of dairy products from unhealthy 
 animals, or that are produced under unsanitary conditions; to prevent deception or 
 fraud in the production and sale of dairy products, and in the manufacture and sale 
 of renovated butter and oleomargarine; to license the manufacture and sale of reno- 
 vated butter, and oleomargarine; to regulate the business of producing, buying and 
 selling dairy products, oleomargarine, renovated or imitation butter and cheese; to 
 provide for the enforcement of its provisions and for the punishment of violations 
 thereof, and appropriating money therefor and to repeal section 17 of an act 
 approved March 4, 1897, entitled "An act to prevent deception in the manufacture 
 and sale of butter and cheese, to secure its enforcement, and to appropriate money 
 therefor," and to repeal all acts and parts of acts inconsistent with this act. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 959. Amended 
 May 4, 1915. In effect August 8, 1915. Stats. 1915, p. 332; May 4, 
 1915. In effect January 1, 1915. Stats. 1915, p. 352; June 11, 1915. 
 In effect August 10, 1015. Stats. 1915, p. 1455; June 1, 1917. In effect 
 July 31, 1917. Stats. 1917, p. 1654; May 5, 1919. In effect July 22, 1919. 
 Stats. 1919, pp. 283, 297. This act supersedes all provisions of the 
 act of 1905 (Act 1166) except possibly certain administrative features 
 relating to the state dairy bureau. 
 
 Sale of unclean milk, etc., prohibited. 
 
 ^ 1. No person, firm or corporation, by themselves or their agents or employees, 
 shall sell, expose for sale, or offer for sale, or shall exchange, present, or deliver to 
 any creamery, cheese factory, milk condensing factory, or other buyer or consumer ot 
 milk or milk products, any unclean, unwholesome, stale, or impure milk, cream, butter 
 or condensed or evaporated milk, or other article produced from such milk or cream, 
 neither shall any person or persons, firm or coi-poration, by themselves or their agents 
 or employees, sell, expose for sale, or offer for sale, or exchange, present or deliver to
 
 Ac* 1167, 88 la, 2 GEXEUAL. LAWS. 502 
 
 any consumer, creamer}', cheese factor}-, milk condensing factory, or any other buyer 
 or consi;mer, any milk, cream, butter, cheese, condensed milk or other products manu- 
 factured therefrom, which has been produced in or by a dairy, or factory of dairy 
 products, or that is or has been handled in any store or depot, that is in an unsanitary 
 condition, or that is produced from cows affected by any disease, or from cows within 
 five days after or fifteen days preceding parturition. 
 
 Milk containers to be cleansed. 
 
 § la. Every person, firm or corporation, not a common carrier, who receives- from a 
 common carrier in cans, bottles, vessels, or other containers, any milk, cream and ice 
 cream intended for human consumption, which has been transported over any railroad, 
 or boat or freight line, or by other common can-ier, or auto truck, which said cans, 
 bottles, vessels, or other containers, are to be returned to the consignor or shipper, shall 
 cause the said empty cans, bottles, vessels, or other containers, to be thoroughly cleansed 
 and sterilized by boiling water or superheated steam before return shipment of the 
 same; provided, further, that all empty cans, bottles, vessels, or other containers, 
 delivered to the consumer by the retailer shall be thoroughly and immediately cleansed 
 before returning the same to the dealer or distributor. [New section added June 1, 
 1917. In effect July 31, 1917. Stats. 1917, p. 1657.] 
 
 Unsanitary dairies. 
 
 § 2. A dairy shall be deemed unsanitary within the meaning of this act, among other 
 causes that render milk, or products made therefrom, unclean, impure, and unhealthy, 
 in the following cases: 
 
 (a) If the drinking water is stagnant, polluted with manure, urine, drainage, decay- 
 ing vegetable or animal matter. 
 
 (b) If the yards or enclosures are filthy or unsanitary or if any part of such yards 
 or enclosures, other than pastures, are made the depositories of manure in heaps or 
 otherwise where it is allowed to ferment and decay. 
 
 (e) If a suitable milk house or room is not provided and maintained, properly 
 screened to exclude flies and insects, for the purpose of cooling, mixing, canning, and 
 keeping the milk. Said milk house or room, shall not be located in or be a part of 
 any residence, or dwelling house, or anj' barn or poultry house, and shall not be used 
 for any other purpose whatsoever. 
 
 (d) If any milk or cream shall be cooled, stored, mixed, canned, or kept in any 
 room or place which is occupied by any person or persons as a sleeping or living apsa't- 
 ment, or occupied by horses, cows, hogs or other animals, or fowls of any kind, and if 
 the milk or ci'eam shall not be cooled to as low a temperature as practicable within one 
 hour after it is drawn from the cows. 
 
 (e) If any urinal, privy vault, open cesspool, horse stable, pig pen, stagnant water, 
 accumulation of manure or other filth shall be permitted within one hundred feet of 
 any such milk house or room, or within fifty feet of any cow stalls or stanchions or 
 other place where milking is done. 
 
 (f ) If the walls become soiled with manure, urine or other filth. 
 
 (g) If to the interior of cattle stables, bams, milking sheds, milk house or room, 
 an application of lime whitewash is not made at least once in two years, or oftener if 
 in the judgment of the agent of the state dairy bureau it is needed, or if in the man- 
 gers, or other receptacles from which cows are fed, decaying food or other material is 
 allowed to accumulate. 
 
 (h) If the pails, cans, bottles or other containers of milk, or its products, or the 
 strainers, coolers or other utensils coming in contact with the milk or its products, are 
 not sterilized by boiling water or superheated steam each a3?.d every time the same are 
 used.
 
 503 DAIRIES. Act 11G7, §g 3-3 
 
 (i) If the person or wearing apparel of the dairyman, his employees, or other per- 
 sons, who come in contact with milk and its products, are soiled or not washed from 
 time to time with reasonable frequency. (Amendment of June 1, 1917. In effect 
 August 31, 1917. Stats. 1917, p. 1655.) 
 
 Unsanitary creameries. 
 
 § 3. A creamery or any factory of dairy products, or any store, depot, or other place 
 where milk is handled or kept for sale, shall be deemed unsanitary under the meaning 
 of this act, among other causes that render milk, or products made therefrom, unclean, 
 unwholesome, impure, stale or of low grade or inferior quality, in the following cases : 
 
 (a) If milk or cream is received that has reached an advanced stage of fermenta- 
 tion, or that shows a state of putrefactive fermentation, or if it is received in cans, or 
 other containers that have not been sterilized by means of boiling water or super- 
 heated steam after each delivery. 
 
 (b) If the utensils and apjoaratus that come in contact with milk or its products in 
 the process of manufacture are not thoroi;ghly washed and sterilized by means of 
 boiling water or superheated steam, after each using. 
 
 (c) If the floor is so constructed as to permit the flowing or soaking of water, milk 
 or other liquids underneath or among the interstices of such floor, where fermentation 
 and decay may take place, or if such floor may not be readily kept free from dirt. 
 
 (d) If drains are not provided that will convey refuse milk, water and sewage away 
 to a point at least fifty j'^ards distant from such creamery or factory of dairy products, 
 or if any cesspool, privy vault, hog-yard, slaughter-house, manure or any decaying 
 vegetables or animal matter, shall be within a distance that will permit foul odors to 
 reach any such creamer}' or other factory of dairy products or store or depot where 
 milk or its products are sold or handled. 
 
 (e) If such creamery or factory of dairy products, does not permit access of light 
 and air suflScient to secure good ventilation. 
 
 (f ) If in any building or buildings used in connection with any creamery, or factory 
 of dairy products, any insects or other species of animal life are pennitted, or if upon 
 the floor, the sides or the walls, any milk or its products, or any other filth is allowed 
 to accumulate, or ferment, or decay, or if the bodies or wearing apparel of persons 
 employed, or coming in contact with any milk or its products, in any creamery, or 
 factory of any dairy products, shall be unclean and not washed from time to time with 
 reasonable frequency. 
 
 Liquid gallon measure. 
 
 ^ 4. No person, firm or corporation shall hereafter sell, offer for sale, or receive for 
 the purpose of sale, any milk, skim milk or cream, except such sale, offer, or receipt, 
 shall, as to quantity, be based upon the liquid gallon, containing two hundred and 
 thirty-one cubic inches, or the liquid quart containing fifty-seven and seventy-five one- 
 hundredths cubic inches or the proper and complete liquid subdivision thereof. Pro- 
 vided, that nothing in this act shall be construed as prohibiting the buying or selling 
 of milk or cream either by weight or on the basis of its butter fat contents. And pro- 
 vided, further, that in am' hotel, restaurant, or other eating place, where milk is sold 
 with meals, or where it is sold to be drunk immediately, it may be sold by the glass. 
 
 Milk, etc., sold as pasteurized must conform to regulations of this act. Butter must be 
 
 sold in terms of pounds. 
 
 § 5. No person, firm or corporation shall sell, exchange, or offer or expose, or have 
 in its possession for sale or exchange, any milk, cream, skim milk, ice cream, butter, 
 buttermilk, cheese or other milk products, as and for pasteurized milk, cream, skim 
 milk, ice cream, butter, buttermilk, cheese or other milk product, as the case may bo,
 
 Act 1167, §§ 6-8 GE>ERAt, LAWS. 504 
 
 nor use the word "pasteurize" or anj' of its derivatives in connection with the sale, 
 designation, advertising, labeling or billing of any milk, cream, skim milk, ice cream, 
 butter, buttermilk, cheese or other milk products, unless the same and all products of 
 milk contained therein or used in the manufacture thereof consist exclusively of milk, 
 skim milk or cream which has been treated by the process of pasteurization, as defined 
 and regulated in subdivision fifteen, section twenty-nine, of this act. It shall be 
 unlawful for any person, firm or corporation to sell, offer for sale, or to cause or permit 
 to be sold or offered for sale, any butter in prints or packages or otherwise other than 
 by or in terms of pounds and ounces, avoirdupois, or for a greater weight than the true 
 net weight thereof. [Amendment of May 4, 1915. In effect August 8, 1915. Stats. 
 1915, p. 333.] 
 
 Registration of dairies. 
 
 § 6. Every person, firm or corporation operating any dairy, where more than four 
 cows are milked, and every creamery, cheese factory, receiving station, skimming 
 station, ice cream or ice milk manufacturer, or milk coudensary, shall on or before the 
 first day of November of each 3'ear, cause to be registered with the secretary of the 
 state dairy bureau a statement showing the full name and address of such person, firm 
 or corporation so operating the same, and also the full name and address of the owner 
 or owners of the business so being operated, in case the person operating the same is 
 not the owner, together with a statement of the class of such business carried on by 
 such person or corporation, and the number of cows then being milked, in case of a 
 dairy. 
 
 Annual report. 
 
 ^ 7. The secretary of the state dairy bureau shall provide blanks for reporting dairy 
 statistics, and he shall annually, on or befoi'e the first day of October each year, cause 
 to be mailed to each person, firm or corporation engaged in operating any dairy making 
 butter or cheese from more than four cows, and to all dairies where more than four 
 cows are milked, and to all creameries, cheese factories, ice cream or ice milk manufac- 
 turers, and milk condensaries, one or more of such blanks, and each such person, firm 
 or corporation shall, on or before the first day of November following, make out and 
 transmit to said secretary of the state dairy bureau a full and accurate report of the 
 amount of butter, cheese or other dairy products, manufactured or produced during 
 the year ending September 30th, and the dairies shall report the number of cows milked 
 during said year. 
 
 Producer of butter must he designated. Place of production. 
 
 § 8. In case any butter is sold or offered for sale, in a package or wrapper purport- 
 ing to designate the producer of such butter, such producer must be correctly desig- 
 nated. In case any butter is sold, or offered for sale, in a package or wrapper, or under 
 a label purporting or calculated to designate the place of production, such package, 
 wrapper, or label must correctly name the place where made; or if such package, 
 wrapper or label bears the name of any county, city and county, city or town in this 
 state or any other geographical designation, such package, wrapper, or label must also 
 correctly name the place where made. No person, firm or corporation shall put up ini 
 package or wrapper, or otherwise prepare for shipment or sale, any butter under a! 
 label purporting to designate the producer, place of production, or bearing the name 
 of any county, city and county, city, or town of this state, or any other geographical 
 designation, except in accordance with the provisions hereof; nor shall any person, firm 
 or corporation sell or offer for sale any butter in a package, wrapper, or under a label 
 purporting to designate the name of the producer or the place of production or bearing 
 the name of any county, city and county, city or town of this state or geographical
 
 605 DAIRIES. Act 1167, §g 9-11 
 
 designation, except in accordance with the provisions hereof. [Amendment of May 4, 
 1915. In effect January' 1, 1916. Stats. 1915, p. 353.] 
 
 Oleomargarine defined. 
 
 $ 9. For the purposes of this act certain manufactured substances, certain extracts, 
 and certain mixtures and compounds, including such mixtures and compounds with 
 butter, milk or cream, shall be known and designated as "oleomargarine," namely: 
 All substances heretofore known as oleomargarine, oleo, oleomargarine-oil, buttesine, 
 lardine, suine, and neutral; all mixtures and compounds of oleomargarine, oleo, oleo- 
 margarine-oil, butterine, lai'dine, suine, and neutral; all lard extracts and tallow ex- 
 tracts; and all mixtures and compounds of tallow, beef -fat, suet, lard, lard-oil, cocoanut- 
 oil, peanut-oil, intestinal fat, and offal-fat made in imitation or semblance of butter, or 
 when so made, calculated or intended to be sold as butter or for butter; or butter sub- 
 stitute; and for the purposes of this act, every article, siabstance, or compound, other 
 than that produced from pure milk, or cream from the same, made in semblance of 
 cheese, and designed to be used as a substitute for cheese made from pure milk or 
 cream, is hereby declared to be imitation cheese; provided, that the use of salt, rennet, 
 and harmless coloring matter for coloring the product of pure milk or cream, shall not 
 be construed to render such product an imitation; and provided, that nothing in this 
 section shall prevent the use of pure skimmed milk in the manufacture of cheese. 
 [Amendment of May 5, 1919. In effect July 22, 1919. Stats. 1919, p. 298.] 
 
 Sale of imitation butter prohibited. 
 
 4 10. No person, by himself or his agents or servants, shall render, manufacture, 
 sell, offer for sale, expose for sale, or have in his possession with intent to sell or to 
 use or to serve to patrons, guests, boarders, or inmates in any hotel, eating-house, 
 restaurant, public conveyance or boarding-house, or public or private hospital, asylum 
 or eleemosynary or penal institution, any article, product or compound made wholly 
 or partly out of any fat, oil or oleaginous substance or compound thereof, not pro- 
 duced directly and at the time of manufacture from unadulterated milk or cream from 
 the same, which article, product, or compound shall be colored in imitation of butter 
 or cheese produced from unadulterated milk or cream, or be made to resemble yellow 
 butter in color, by whatever means the coloring is accomplished; provided, that nothing 
 in this section shall be construed to prohibit the manufacture or sale, under the regula- 
 tions hereinafter provided, of substances or compounds, designed to be used as an imi- 
 tation, or as a substitute for butter or cheese made from pure milk or cream from the 
 same, in a separate and distinct form not resembling butter or cheese, and in such a 
 manner as will advise the purchaser and consumer of its real character, free from 
 coloration or ingredients that cause it to look like butter or cheese made from pure milk 
 or cream, the product of the dairy. 
 
 Branding oleomargarine. Absence of markings. 
 
 5 11. Each person, who, by himself or another, lawfully manufactures any oleo- 
 margarine, or any substance designed to be used as a substitute for butter or cheese, 
 shall mark the same by branding, stamping, or stenciling upon the top and sides of 
 each tub, firkin, box, or other package in which such article or substance shall be kept, 
 and in which it shall be removed from the place where it is produced or put up, in a 
 clear and durable manner, in the English language, the words "oleomargarine," or 
 "substitute for butter," or "substitute for cheese," as the case may be, in printed 
 letters in plain roman typef each of which shall not be less than one inch in height by 
 one-half inch in width, and in addition to the above shall prepare a statement, printed 
 in plain roman type, of a size not smaller than pica, stating in the English language 
 its name, and the name and address of the manufacturer, the name of the place where 
 manufactured or put up, and also the names and actual percentages of the various
 
 Act 1167, §§ 12-15 GENERAL LAWS. Hm 
 
 ingredients used in the manufacture of such oleomargarine, imitation butter or imita- 
 tion cheese; and shall place a copy of said statement within and upon the contents of 
 each tub, firkin, box, or other package, and next to that portion of each tub, firkin, 
 box, or other package, as is commonly and most conveniently opened, and shall label 
 the top and sides of each tub, firkin, box, or other package by affixing thereto a copy 
 of said statement, in such manner, however, as not to cover the whole or any part of 
 said mark of "oleomargarine," "substitute for butter," or "substitute for cheese." 
 The absence of the markings and labelings specified in section 11 hereof shall always be 
 construed as a representation that the contents or substance in question is butter, or 
 cheese, as the case may be. 
 
 Shipping oleomargarine. 
 
 § 12. No person, by himself or another, shall knowingly ship, consign, or forward 
 by any common carrier, whether public or private, anj' oleomargarine, or any substance 
 designed to be used as a substitute for butter or cheese, unless the same be marked 
 and contain a copy of the statement, and be labeled as provided by section 11 of this 
 act; and no carrier shall knowingly receive the same for the purpose of forwarding or 
 transporting, unless it shall be manufactured, marked, and labeled as hereinbefore pro- 
 vided, and unless it is consigned and by the carrier receipted for by i true name; 
 provided, that this act shall not apply to any goods in transit between foreign states 
 across the state of California. 
 
 All oleomargarine packages to be marked. * 
 
 § 13. No person or his agent shall knowingly have in his possession or under his 
 control any oleomargarine, or any substance designed to be used as a substitute f o • 
 butter or cheese, unless the tub, firkin, box, or other package containing the same, shall 
 be clearly and durably marked and labeled as provided by section 11 of this act, and 
 also contain a copy of the statement required by said section 11 of this act; and if 
 the tub, firkin, box, or other package be opened, then a copy of the statement described 
 in said section 11 of this act, shall be kept with its face up, upon the exposed contents 
 of said tub, firkin, box, or other package ; provided, that this section shall not be deemed 
 to apply to persons who have the same in their possession for the actual consumption of 
 themselves or family, and for no other purpose. 
 
 Conditions covering sale of oleomargarine. 
 
 § 14. No person, by himself or another, shall sell, or offer for sale, or take orders 
 for the future delivery of any oleomargarine, or any substance designed to be used as 
 a substitute for butter or cheese, under the name of butter, or under the pretense that 
 the same is butter or cheese; and no person, by himself or another, shall sell any sub- 
 stance designed to be used as a substitute for butter or cheese, unless he shall inform 
 the purchaser distinctly, at the time of the sale, of its true name and character, and 
 * that the same is a substitute for butter or cheese, as the case may be, and shall deliver 
 to the purchaser, at the time of the sale, a separate and distinct copy of the statement 
 described in section 11 of this act; and no person shall use in any way in connection 
 or association with the sale, or exposure for sale, or advertisement of any oleomargarine 
 or any substance designed to be used as a substitute for butter or cheese, the words 
 "butterine," "creamery," or "dairy," or the representation of a cow or any breed of 
 dairy cattle, or any combination of such words and representations, or any other words 
 or symbols, or combinations thereof, commonly used by the dairy industry in the sale 
 of butter or cheese. * 
 
 Hotel-keepers to notify patrons when serving oleomargarine. 
 
 § 15. No keeper or proprietor of any bakery, hotel, boarding-house, restaurant, 
 saloon, lunch-counter, or other place of public entertainment, and no person having
 
 I 
 
 507 DAIRIES. Act 1167, §§ 16-20 
 
 charge thereof or employed thereat, and no person furnishing board, for others than 
 members of his own family, and no employee where such board is furnished as the 
 compensation or as a part of the compensation of any employee, shall place before any 
 patron or employee, for use as food, any oleomargarine, or any substance designed to 
 be used as a substitute for butter or cheese, unless the same be accompanied by a copy 
 of the statement described in section 11 of this act, and by a verbal notification to said 
 patron that such substance is a substitute for butter or cheese. 
 
 Maintaining actions on contract. 
 
 § 16. No action can be maintained on account of any sale or other contract made in 
 violation of, or with intent to violate, this act, by or through any person, who was 
 knowingly a party to such wrongful sale or other contract. 
 
 Every person having possession or control of any oleomargarine, or any substance 
 designed to be used as a substitute for butter or cheese, which is not marked as required 
 by the provisions of this act shall be presumed to have known, during the time of such 
 possession or control, that the same was imitation butter, or imitation cheese, as the 
 case may be. 
 
 Erasing labels. 
 
 ^ 17. No person shall efface, erase, cancel, or remove any mark, statement, or label 
 required by this act, with intent to mislead, deceive, or with intent to violate any of 
 the provisions of this act. 
 
 Butter used in charitable institutions. 
 
 § 18. No butter or cheese not made wholly from pure milk or cream, salt, and harm- 
 less coloring matter, shall be used in any of the charitable or penal institutions that 
 receive assistance from the state. 
 
 Having possession of oleomargarine. Officer serving bench warrant to take samples. 
 
 $ 19. Whoever shall have possession or control of any imitation butter or imitation 
 cheese or any oleomargarine, or any substance designed to be used as a substitute for 
 butter or cheese, or anj^ renovated butter, contrary to the provisions of this act shall 
 be construed to have possession of property with intent to use it as a means of com- 
 mitting a public offense, within the meaning of chapter three, of title twelve, of part 
 two, of an act to establish a penal code ; provided, that it shall be the duty of the oflfieer 
 who serves a bench warrant issued for imitation butter or imitation cheese or oleomar- 
 garine, or any substance designed to be used as a substitute for butter or cheese, or any 
 renovated butter, to deliver to the agent or inspector of the state dairy bureau or to 
 any person by such dairy bureau authorized in writing to receive the same, a perfect 
 sample of each article seized by virtue of such warrant, for the purpose of having the 
 same analyzed, and forthwith to return to the person from whom it was taken the 
 remainder of each article seized as aforesaid. If any sample be found to be imitation 
 butter or imitation cheese, or oleomargarine, or a substance designed to be used as a 
 substitute for butter or cheese, or renovated butter, it shall be returned to and retained 
 by the magistrate as and for the purpose contemplated by section 1536 of an act to 
 establish a penal code; but if any sample be found not to be imitation butter or 
 imitation cheese, or oleomargarine, and not a substance designed to be used as a sub- 
 stitute for butter or cheese, or renovating butter, it shall be returned forthwith to the 
 person from whom it was taken. 
 
 Each package of oleomargarine to be marked. 
 
 § 20. No person, firm or coiiwration, by themselves or their agents or employees, 
 shall sell, offer for sale, or expose for sale, or have in his, its, or their possession for 
 sale, any oleomargarine or any renovated butter, unless the same shall have printed
 
 Act 1167, e§ 21, 22 GENERAL. I.AWS. 608 
 
 upon each and every package, roll, print, square, and upon any container of such reno- 
 vated butter or oleomargarine, the words "renovated butter," or the word "oleomar- 
 garine," as the ease may be in letters not less than one-half inch in height, and who 
 shall not have secured from the state dairy bureau, now existing under the laws of this 
 state, a license as provided hereinafter. 
 
 Renovated butter defined. 
 
 § 21. The term renovated butter as used in this act is hereby defined to mean and 
 include butter that has been reduced to a liquid state by melting and drawing off such 
 liquid or butter oil and churning or otherwise manipulating it in connection with milk 
 or any product thereof. 
 
 License required of manufacturer, etc. Application to dairy bureau. Fees. Definitions. 
 
 Licenses on display. Unlawful to handle, etc., without license. 
 
 § 22. No person, firm or corporation, shall engage in the business or occupation of 
 manufacturing, selling, dealing in, or furnishing renovated butter, oleomargarine, or 
 any substance designed to be used as a substitute for butter, without first having applied 
 for and obtained a license so to do, as hereinafter provided. Any person, firm, or corpo- 
 ration, desiring to engage in the business or occupation of manufacturing, selling, deal- 
 ng in or furnishing to his, its or their patrons, oleomargarine, or any substance designed 
 'o be used as a substitute for butter, or imitation butter, or adulterated butter, or reno- 
 vated butter, as in this act defined, shall first make application each year to the state 
 iairy bureau for a license, and upon payment of a license fee of the amount mentioned 
 herein, to the state dairy bureau, said bureau shall issue to the applicant a license. All 
 such licenses shall contain the following proviso: Provided that this license does not 
 authorize the holder hereof to manufacture, sell, deal in or furnish any oleomargarine, 
 or similar substances designed to be used as a substitute for butter, which contain any 
 coloring matter or which resemble yellow butter in appearance. All said licenses shall 
 expire on June 30th of each year, and may be issued in periods of one year, or less than 
 one year, upon payment of a proportionate part of the license fee. The fees for issuing 
 said licenses are hereby fixed at the amounts below named, annually. The fee for issu- 
 ing said license to manufacturers of any of said substances within this state shall be 
 one hundred dollars, and if issued to wholesale dealers in, or importers or agents for 
 importers of any of said substances the fee shall be fifty dollars, and if issued to retail 
 dealers in any of said substances the fee shall be five dollars, and if issued to the keeper 
 of any hotel, restaurant, boarding-house or other place where meals are served and 
 payment is received therefor, either immediately or by the day, week or month, the fee 
 shall be two dollars. The term "wholesale dealer," as used in this section 22 hereof 
 includes all persons, firms or corporations, who sell any of said substances in quantities 
 of ten pounds or more at a time or in the same transaction. The term retail dealer 
 includes all persons who sell only in quantities of less than ten pounds. All licenses, 
 while in force, shall be kept conspicuously displayed in the place of business of the 
 party or parties to whom they have been issued. 
 
 It shall be unlawful for any person, firm or corporation, to manufacture, buy, sell, 
 deal in, or furnish to his, its or their patrons, or to have in possession, for any pur- 
 pose whatsoever other than for consumption in his own family, or for transportation 
 in case of a boat or railroad company, or for the purpose of storage in case of a ware- 
 house or cold storage company, any oleomargarine, or similar substance designed to be 
 used as a substitute for butter, or any substance resembling butter, but not made wholly 
 from pure milk or cream, or any imitation butter, or adulterated butter, or renovated 
 butter, as in this act defined, without first having applied for and obtained from the 
 state dairy bureau of the state of California, the license herein required.
 
 509 DAIRIES. Act 1167, §§ 23-35 
 
 Disposition of fees. 
 
 $ 23. All license fees paid to the state dairy bureau under this act shall be paid by 
 said bureau into the state treasury, and shall be added to the appropriation made for 
 the same fiscal year for the state dairy bureau, and its expenditure shall be at the 
 disposal of said bureau for its use. 
 
 Records of sales, etc., of oleomargarine. Records open to inspection. Failure to keep 
 records a misdemeanor. 
 
 $ 24. Every person, firm, or corporation who is required by the provisions of sec- 
 tion 22 hereof to obtain and hold a manufacturer's or a wholesaler's or importer's 
 license shall keep a correct record in a form separate from all other business in which 
 every sale and purchase of renovated butter, imitation butter, oleomargarine, or any 
 substitute for butter or substance designed to be used as a substitute for butter, or 
 resembling butter, which substance is not made wholly from pure milk or cream, or any 
 imitation cheese or imitation dairy products of any kind, shall be recorded at the time 
 of the transaction, giving in detail the quantity sold or purchased, the name and loca- 
 tion of the buyer or seller, the date, and the place to which it was shipped or delivered, 
 and by whom the order or sale was put up and delivered. Every warehouse, cold 
 storage company, boat, railroad or other transportation company shall keep a correct 
 record of all oleomargarine, imitation butter, renovated butter, substitute for butter, 
 imitation cheese, or other imitation dairy products, which at any time may be in their 
 possession, or which may be transported or stored by them, showing the owner, the 
 quantity and kind of goods, the date when stored, and when removed, in ease of ware- 
 houses and cold storage companies, and showing the character of goods billed, the 
 quantity, the name and address of consignor and consignee, and the date of transpor- 
 tation, in case of boats and railroad companies. All said records, herein required to be 
 kept, shall at all times during business hours, be open to the inspection of the agents 
 and inspectors of the state dairy bureau, and of any officer of any city or county board 
 of health, and of any peace officer of any oity or any county of the state. A failure to 
 keep any of the records herein required to be kept or to permit the inspection of such 
 records, by any inspector or agent of the state dairy bureau, or of any city or county 
 board of health, or hy any peace officer of any city or county, as herein required, is 
 hereby declared to be a misdemeanor, and punishable as provided herein. 
 
 Weighing and sampling milk. 
 
 ^ 25. It shall be unlawful for any hauler of milk, or cream, or any person, firm or 
 corporation receiving or purchasing milk or cream by weight or test or both, or by 
 measure or test or both, to fraudulently manipulate the weight, measure or test of 
 milk or cream of any person or to take unfair samples thereof, or to fraudulently 
 manipulate such samples. The hauler or other agent shall weigh or measure the milk 
 or cream of each patron accurately and correctly and shall report such weight or 
 measurements accurately and correctly to the creamery or factory. He shall thor- 
 oughly mix the milk or cream of each patron by pouring or stirring until such milk 
 or cream is uniform and homogeneous in richness, before the sample is taken from 
 such milk or cream. When the weighing or sampling is done at the creamery, ship- 
 ping station or factory, the same rule shall apply. 
 
 Testing milk. Tester licensed by state dairy bureau. 
 
 It shall be unlawful for any person, firm or corporation, by himself or as the agent, 
 servant, employee or officer of any person, firm or corporation receiving or purchasing 
 milk or cream on the basis of the amount of butter fat contained therein, to under-read, 
 over-read or otherwise fraudulently manij^ulate the Babcock test used for determining 
 the per cent of butter fat in milk or cream, or to falsify the records thereof or to read 
 the test at any other temperature than the correct one, which is one hundred thirty
 
 ActllCT, §20 GEXERAI^ LAWS. 510 
 
 degrees to one hundred forty degrees Fahrenheit, or to pay on the basis of any measure- 
 ment or -weight except the true meas\ireraent or weight, which is seventeen and six- 
 tenths cubic centimeters for milk and nine grams or eighteen grams for cream; pro- 
 vided, that in all tests for cream the cream shall be weighed into the test bottle. All 
 testing of milk or cream purchased on the basis of the amount of butter fat contained 
 therein, shall be done by a licensed tester which shall supervise and be responsible for 
 the operation of the Babeock tost of milk or cream. The license shall be issued to such 
 person by the state dairy bureau whose duty it shall be to examine into the qualifica- 
 tions of all applicants for such license, and every such applicant shall satisfy said 
 bureau of his qualifications and comply with the provisions herein before any license 
 shall be issued to him. 
 
 License to receive milk on "basis of butter fat contained. 
 
 Every creamery, shipping station, milk factory, cheese factory, ice cream factor^', 
 condensory, or any person, firm or corporation receiving or purchasing milk or cream on 
 the basis of butter fat contained therein, shall be required to hold a license so to do. 
 The license shall be issued to such creamerj', shipping station, milk factory, condensorj% 
 ice cream factory, cheese factory, or person, firm or corporation by the state dairy 
 bureau upon complying with all sanitary laws, rules and regulations of the state of Cali- 
 fornia and upon complying with the provisions of this act and upon payment of a 
 license fee as provided for in this section. 
 
 License valid one year. 
 
 All licenses required herein shall expire on the thirty-first day of December of each 
 year and the fee for issuing same shall be one dollar for a full year or twenty-five 
 cents for each remaining quarter or fraction thereof. The licenses may be revoked by 
 the state dairy bureau if, after due notice, the licensee fails or has failed to comply 
 with the laws, rules, and regulations under which the license was granted; provided, 
 that the provisions of this section shall not apply to individuals, hotels, restaurants, 
 or boarding houses buying, milk or cream for private use. 
 
 License fees to be paid into state treasury. 
 
 The money for license fees as provided for in this section shall be paid by the state 
 dairy bureau into the state treasury and shall become a part of the funds for the use 
 of the state dairy bureau. [Amendment of May 5, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 298.] 
 
 The original section 25 was repealed June 1, 1917, Stats. 1917, p. 1657; and a new section 
 25 was added by the same act. 
 
 Inspection of Babeock test bottles. Fee for testing. 
 
 ^' 26. Every person, firm or corporation receiving or purchasing milk or cream on 
 the basis of the amount of butter fat contained therein as detemiined by the Babeock 
 test, shall use the standard Babeock test bottles, pipettes and accurate weights and 
 scales as defined in this act, and all Babeock test bottles and pipettes shall have been 
 inspected for accuracy by the state dairy bureau or its agent and shall be legibly and 
 indelibly marked by the state dairy bureau or its agent with the letters "D. B. " 
 
 It shall be unlawful for any firm or corporation or any of their agents to use any 
 other than standard test bottles and j^ipettes which have been examined and marked as 
 provided by this section, to determine the amount of fat in milk or cream received or 
 purchased on the butter fat basis. 
 
 For all testing of glassware by the said state dairy bureau or its agent, a fee of five 
 cents shall be paid by the owner of said glassware to the state dairy bureau for every 
 piece of glassware so examined, and said fee shall be used by the state dairy bureau to
 
 
 DAIRIES. 
 
 to defray the cost of testing such glassware. [New section added June 1, 191 r. In 
 effect July 31, 1917. Stats. 1917, p. 1659.] 
 
 The original section 26 was repealed June 1, 1917, Stats. 1917, p. 1657, and a new section 
 added by the same act. 
 
 Specifications for standard Babcock testing glassware. 
 
 § 27. The term "standard Babcock testing glassware" shall apply to glassware and 
 weights eomplj'ing to the following specifications: (a) Graduation for milk test bottles. 
 The total per cent graduation shall be eight. The graduated portion of the neck shall 
 have a length of not less than sixty-three and five-tenths millimeters (two and one-half 
 inches) and the graduation shall represent whole per cent, five-tenths per cent, and 
 tenths per cent. The tenths per cent graduation shall not be less than three millimeters 
 ill length; the five-tenths per cent graduation shall be one millimeter longer than the 
 tenths per cent graduations, projecting one millimeter to the left; the whole per cent 
 graduations shall extend at least one-half way around the neck to the right and pro- 
 jecting two millimeters to the left of the tenths per cent graduations. Each per cent 
 graduation shall be numbered, the number being placed on the left of the scale. The 
 error at any point of the scale shall not exceed one-tenth per cent. 
 
 The neck shall be cylindrical and the cylindrical shape shall extend for at least 
 nine millimeters below the lowest and above the highest graduation mark. The top of 
 the neck shall be flared to a diameter of not less than ten millimeters. 
 
 The capacity of the bulb up to the junction of the neck shall not be less than forty - 
 five cubic centimeters. The shape of the bulb may be either cjdindrical or conical with 
 the smallest diameter at the bottom. If cylindrical, the outside diameter shall be 
 between thirty-four and thirty-six millimeters; if conical, the outside diameter of the 
 base shall be between thirty-one and thirty-three millimeters, and the maximum 
 diameter between thirty-five and thirty-seven millimeters. The charge of the bottle 
 shall be eighteen grams. The total height of the bottom shall be between one hundred 
 fifty and one hundred sixty-five millimeters (five and seven-eighths and six and one- 
 half inches). 
 
 (b) Two types of bottles shall be accepted as standard cream test bottles, a fifty 
 per cent nine gram long-neck bottle, and a fifty per cent eighteen gram long-neek bottle. 
 
 Fifty per cent, nine gram, long-neck bottle: Graduation — The total per cent gradu- 
 ation shall be fifty. The graduated portion of the neck shall have a length of not less 
 than one hundred twenty millimeters (four and three-quarters inches). The gradua- 
 tion shall represent five per cent, one per cent and five-tenths per cent. The five per 
 cent gi-aduations shall extend at least half way around the neck (to the right). The 
 five-tenths per cent gi-aduations shall be at least three millimeters in length and the one 
 per cent graduations shall have a length intermediate between the five per cent and the 
 five-tenths per cent graduations. Each five per cent graduation shall be numbered, the 
 number being placed on the left of the scale. 
 
 Neck — The neck shall be cylindrical and of uniform internal diameter throughout. 
 The cylindrical part of the neck shall extend at least five millimeters below the lowest 
 and above the highest graduation mark. The top of the neck shall be flared to a 
 diameter of not less than ten millimeters. 
 
 Bulb — The capacity of the bulb up to the junction of the neck shall not be less 
 than forty-five cubic centimeters. The shape of the bulb may be either cylindrical or 
 conical with the smallest diameter at the bottom. If cylindrical the outside diameter 
 shall be between thirty-four and thirty-six millimeters; if conical, the outside diameter 
 of the base shall be between thirty-one and thirty-three millimeters and the maximum 
 diameter between thirty-five and thirty-seven millimetei'S. 
 
 The charge of the bottle shall be nine grams. All bottles shall bear on top of the 
 neck above the graduations, in plain legible characters, a mark defining the weight of 
 the charge to be used (9 grams).
 
 Act 1167, §28 GENERAL LAWS. 513 
 
 The total height of the bottle shall be two hundred ten to two hundred thirty-five 
 millimeters (eight and one-fourth to nine and one-quarter inches) and the maximum 
 error in the total graduation or in any part thereof shall not exceed fifty per cent of 
 the volume of the smallest unit of the graduation. 
 
 The fifty per cent, eighteen gram, long-neck bottle. The same specifications in every 
 detail as specified for the fifty per cent, nine gram, long-neck bottle, shall apply, with 
 the exception that the charge of the bottle shall be eighteen grams, and the mark 
 defining the weight of the charge placed at the top of the neck shall be eighteen. 
 
 The total length of the standard Babeock pipette shall be not more than three hundred 
 thirty millimeters (thirteen and one-fourth inches). Outside diameter of suction tube, 
 six to eight millimeters. Length of suction tube, one hundred thirty millimeters. 
 Outside diameter of delivery tube four and five-tenths to five and five-tenths milli- 
 meters. The length of delivery tube one hundred to one hundred twenty millimeters. 
 Distance of graduation mark above bulb, thirty to sixty millimeters. Nozzle straight. 
 Delivery seventeen and six-tenths cubic centimeters of water at twenty degrees centi- 
 grade in five to eight seconds. 
 
 The sensibility of all scales used for weighing cream samples into the test bottles 
 shall be not more than thirty milligrams and the standard weights shall be nine grams 
 and eighteen grams. 
 
 Speed of tester. 
 
 In all testing of milk or cream where the same is received or purchased upon the basis 
 of the amount of butter fat contained therein the Babeock tester shall be operated at 
 the proper speed, which is as follows : 
 
 For tester with diameter of fourteen inches the speed shall be between eight hundred 
 twenty-five and nine hundred seventy-five revolutions per minute. 
 
 For tester with diameter of sixteen inches, the speed shall be between eight hundred 
 twenty-five and eight hundred seventy-five revolutions per minute. 
 
 For tester with diameter of eighteen inches, the speed shall be between seven hun- 
 dred seventy-five and eight hundred twenty-five revolutions per minute. 
 
 For tester with diameter of twenty inches, the speed shall be between seven hundred 
 twenty-five and seven hundred seventy-five revolutions per minute. 
 
 For tester with a diameter of twenty-four inches, the speed shall be between five 
 hundred seventy-five and six hundred twenty-five revolutions per minute. (Amend- 
 ment of May 5, 1919. In effect July 22, 1919. Stats. 1919, p. 300.) 
 
 The original section 27 was repealed June 1, 1917, Stats. 1917, p. 1657, and a new sec- 
 tion 27 added by the same act. Stats. 1917, p. 1659. 
 
 Unlawful to sell adulterated milk. "Product of milk." Labels to conform. Unlaw- 
 ful to use "milk," etc., when articles to not conform. 
 
 $ 28. It shall be unlawful for any person to produce, manufacture or prepare for 
 sale, or to sell or offer for sale, or have on hand for sale, any milk, including con- 
 densed or evaporated milk, or any product of milk, that is adulterated within the 
 meaning of this act. The words "product of milk" as used in this act, shall not apply 
 to any product into which milk, or a product of milk, may enter as an ingredient or 
 component of a food product that does not consist of milk, or milk products alone, 
 such as pastry, and confectionery; provided, that this section shall not be construed 
 to prevent the use of common salt (chloride of sodium) in dairy products. Any label, 
 printed matter, or advertising or descriptive matter appearing upon, or in connection 
 with any package, parcel or quantity of milk or milk products when being sold, 
 offered for sale, or having on hand for sale, and having reference to the article being 
 sold, offered for sale, or on hand for sale, shall conform to the provisions of this act. 
 .and if it fails to conform to the provisions of this act, such article shall be deemed
 
 613 DAIRIES. Act 1167, § 28 
 
 adulterated "within the meaning of this act. It shall be unlawful for any person under 
 this act, when selling, or offering for sale, or having on hand for sale, milk or any 
 product of milk to use the words "milk," "condensed milk," "sweetened condensed 
 milk," "skim milk," "condensed skimmed milk," "evaporated cream," "cream," 
 "butter," "cheese," "buttermilk," "ice-cream," or "ice milk," either verbally, or 
 printed or written on any label or printed matter, in connection with the sale, or offering 
 for sale, or having on hand for sale, of milk or any product of milk, or upon any bill of 
 fare used in any hotel, restaurant or other places where meals are served, when the 
 article shall not conform to the standards and provisions of section 29 of this act. 
 
 Definitions and standards. 
 
 § 29. Milk and the products of milk enumerated in this section shall be deemed 
 adulterated within the meaning of this act if it or they shall not conform to the follow- 
 ing definitions and standards: 
 
 Milk. 
 
 (1) Milk is the fresh, clean, lacteal secretion all parts of which within forty-eight 
 hours, if raw, and within sixty hours, if pasteuiized, last prior to its delivery to the 
 consumer or purchaser shall have been obtained from the udder by the complete milking 
 of one or more healthy cows, properly fed and kept, excluding that obtained within 
 fifteen da3^s before and five days after calving, and contains not less than three per 
 cent of milk fat, and not less than eight and five-tenths per cent of solids — not fat. 
 
 Skim milk. 
 
 (2) Skim milk is milk from which a part or all of the cream has been removed and 
 contains not less than eight and eight-tenths per cent of milk solids. 
 
 Condensed milk. 
 
 (3) Condensed milk or evaporated milk, is milk from which a considerable portion of 
 water has been evaporated. The standard of purity of condensed milk and evaporated 
 milk. shall be than proclaimed and established by the secretary of the United States 
 department of agriculture. 
 
 Condensed skim milk. 
 
 (4) Condensed skim milk is skim milk from which a considerable portion of water 
 has been evaporated, and contains not less than eighteen per cent of milk solids. 
 
 Cream. 
 
 (5) Cream is that portion of milk, rich in milk fat which rises to the surface of milk 
 on standing, or is separated from it by centrifugal force, is fresh and clean and contains 
 not less than eighteen per cent of milk fat. 
 
 Evaporated cream. 
 
 (6) Evaporated cream, or clotted cream, is cream from which a considerable portion 
 of water has been evaporated. 
 
 Milk fat. 
 
 (7) Milk fat, or butter fat, is the fat of milk and has a Reichert-Meissel number 
 not less than twenty-four and a specific gravity not less than .905 (40 degrees C). 
 
 Butter. 
 
 (8) Butter is the clean, non-rancid product made by gathering in any manner the 
 fat of fresh or ripened milk or cream into a mass, which also contains a small portion 
 of the other milk constituents, with or without salt, and a harmless coloring, and 
 contains not less than eighty per cent of milk fat. 
 
 Gen Laws — 33
 
 Act 1167, §29 GENERAL. LAWS. 514 
 
 Cheese. 
 
 (9) Cheese is the sound, solid, and ripened product made from milk or cream, by 
 coagulating the casein thereof with rennet or lactic acid, with or without the addition 
 of ripening ferments and seasoning, and with or without salt and hannless coloring 
 matter. All cheese marked "Full cream cheese," or "Full milk cheese," must con- 
 tain in the water-free substance, not less than fifty per cent of milk fat. All cheese 
 marked "Half skim cheese," must contain in the water-free substance not less than 
 twenty-five per cent of milk fat. All cheese not j^lainly marked or branded as to its 
 quality must contain in the water-free substance not less than fifty per cent of milk fat. 
 
 Buttermilk. 
 
 (10) Buttermilk is that portion of the cream which remains after the separation and 
 removal therefrom of the butter fat in the process of churning, without the addition of 
 water. 
 
 Ice cream. 
 
 (11) Ice cream is the frozen product, made from pure sweet milk or condensed milk 
 or cream and sugar with or without a harmless flavoring or coloring, and contains not 
 less than ten per cent of milk fat, and not more than six-tenths of one per cent of pure 
 and hannless vegetable gum or gelatin. 
 
 Fruit ice cream. 
 
 (12) Fruit ice cream is the frozen product naade from pure sweet cream, sugar, and 
 sound, clean, mature fruits, and contains not less than eight per cent of milk fat, and 
 not more than six-tenths of one per cent of pure and harmless vegetable gum or 
 gelatin. 
 
 Nut ice cream. 
 
 (13) Nut ice cream is the frozen product made from pure, sweet cream, sugar, and 
 sound, non-rancid nuts, and contains not less than eight per cent of milk fat, and not 
 more than six-tenths of one per cent of pure and harmless vegetable gum or gelatin. 
 
 Ice milk. 
 
 (14) Ice milk is the frozen product, containing less fat than ice cream, and made 
 from pure, sweet milk and sugar, with or without a harmless flavoring or coloring, and 
 contains not less than two and four-tenths per cent of milk fat, and not more than 
 six-tenths of one per cent of pure and harmless vegetable gum or gelatin. 
 
 Pasteurization. Repasteurization forbidden. 
 
 (15) The process of pasteurization, as applied to milk, skim milk, cream and milk 
 products, is hereby defined to be a process for the elimination therefrom of organisms 
 harmful to human beings, which process shall consist of uniformly heating such milk, 
 skim milk or cream, as the case may be, to a temperature of not less than one hundred 
 forty degrees Fahrenheit and of holding the same at the said temperature for a period 
 of not less than twenty-five minutes, and immediately thereafter of cooling the same 
 to a temperature of not above fifty degrees Fahrenheit; provided, that when cream 
 is pasteurized to be used and is used in the manufacture of butter, or when milk is 
 pasteurized to be used and is used in the manufacture of cheese, and where the process 
 of ripening or starting in each case is to be commenced immediately, then it shall not 
 be required that such cream or milk be cooled to a lower degree than is necessary for 
 such ripening or starting. All pasteurized cream or milk used in the manufacture of 
 pasteurized butter and cheese, respectively, shall be pasteurized at and in the plant 
 where such butter or cheese, as the case may be, is manufactured therefrom. Repas- 
 teurization of any milk is hereby expressly forbidden.
 
 615 DAIRIES. Act 1167, §§ 30-3ob 
 
 Pasteurization apparatus to "be kept clean. 
 
 Also all apparatus used for the pasteurization of milk, skim milk or cream shall 
 be kept in strictly clean and sanitary condition and shall be equipped with a recording 
 thermometer device which will accurately record the temperature to which, and the 
 length of time for which the pasteurized product has been heated. All recording 
 thermometer devices used in the pasteurization of any such milk, skim milk or cream 
 must be approved by and at all times subject to the approval of the state dairy bureau, 
 the state board of health, and of all other state, county and municipal officers charged 
 with the enforcement of laws and ordinances respecting dairy i^roduets or the public 
 health; and all persons, firms or corporations using pasteurizing apparatus within the 
 state of California shall preserve and keep on file, for a period of not less than two 
 months after the same are made, all records made by such thermometer, or in lieu of 
 such preservation may deliver such records to any public officer authorized by law or 
 ordinance to receive the same, and said records shall, at all times, be open to the 
 inspection of the state dairy bureau, the state board of health, and of all other state, 
 county and municipal officers charged with the enforcement of laws and ordinances 
 respecting dairy products or the public health. [Amendment of May 4, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 333.] 
 
 Unlawful to sell skimmed milk not properly laheled. 
 
 5 30. It shall be unlawful for any person, firm or corporation to sell, exchange or 
 deliver, or to offer for sale, exchange or delivery, or to cause or permit to be sold, 
 exchanged or delivered, or to be offered for sale, exchange or delivery, or to have in 
 possession for sale, exchange or delivery, any milk from which any part of the cream 
 shall have been removed, or any skimmed milk, unless the same be offered for sale 
 and sold as skimmed milk, or unless there shall be attached to the outside of every 
 vessel, can or package from or in which such skimmed milk is sold or held for 
 exchange or delivery, a tag upon which shall be printed in black letters at least one 
 inch in height the word "skim" or the words "skimmed milk." 
 
 Rules and standards for marketing. 
 
 § 30a. The following rules and standards must be observed bv all persons, firms 
 or corporations engaged in the preparation of dairy products for market or delivery 
 thereto : 
 
 (1) The owner's name, or other identification mark, the nature of which shall be 
 made known to the dairy inspectors shall appear permanently and in a consi^ieuous 
 place on or be attached to every milk or cream bottle, can or container. 
 
 (2) All milk, cream and ice cream cans, bottles and containers shall be kept clean 
 and shall be thoroughly washed and sterilized after each using. [New section added 
 May 5, 1919. In effect July 22, 1919. Stats. 1919, p. 284.] 
 
 Standards for carriers. 
 
 $ 30b. All carriers of dairy products, whether producer, gratuitous private carrier 
 other than the producer, private carrier for hire, or common carrier, in transporting 
 milk and cream shipping containers shall observe and maintain the following standard : 
 
 (1) All cars or other vehicles, while hauling milk or cream, shall be kept clean and 
 all containers shall be so covered as to protect the milk or cream at all times from dust 
 and from the rays of the sun. 
 
 (2) All milk or cream cans or other shipping containers, while containing milk, 
 cream, or other dairy products, shall be handled carefully, and kept right end up. 
 
 (3) Every vehicle, railway car or boat in which milk or ci'eam is transported shall be 
 kept in a sanitary condition. Every vehicle and every boat transporting milk or cream 
 either shall be enclosed or shall provide canvas covering to protect the milk and cream at
 
 Act 11C7. §§30c-3i GENERAL LAWS. 516 
 
 all times from the sun or from the outside warm air, except only while taking on or 
 discharging freight. No fowls, fresh meat or other contaminating things shall be kept 
 or carried on top or in close proximity to milk, cream, or other dairy products. 
 
 (4) No milk or cream and no empty cans, bottles, or other containers shall be hauled 
 in any vehicle for hauling manure or garbage or in any other unclean vehicle, car or 
 boat. 
 
 (5) Nothing herein shall be construed to derogate from any powers or authority 
 of the railroad commission of the state of California. [New section added May 5, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 284.] 
 
 Rules for assembled dairy products. 
 
 § 30c. Persons producing or marketing assembled dairy products must conform to 
 the following rules : All the ingredients used in the pi'oeess of assembling must conform 
 to all the standards of purity set for such ingredients and must have been produced 
 under the same sanitary conditions and regulations required for the production of milk 
 and cream where such products are sold, and such products must be labeled as herein 
 provided for assembled products in imitation of milk, cream and ice cream. 
 
 All assembled dairy products to which has been added any condensed or evaporated 
 milk, or any condensed or evaporated skimmed milk, or any dry milk or milk powder 
 or any skimmed milk or skimmed powder or any butter or sweet butter or dairy 
 products that have been produced by the mechanical assembling of any of the natural 
 ingredients of milk or cream, shall be so labeled on each container thereof with tin? 
 words "Assembled from milk, butter, milk powder, skim milk or other milk products," 
 as the case may be, correctly naming on the label, bill of sale, invoice and bill of fare, 
 all the ingredients used in such assembled goods, in plain letters of the English lan- 
 guage at least one-eight of an inch in height; and no other names or prefixes shall be 
 used than those by which such ingredients are separately known to the commercial 
 trade. [New section added May 5, 1919. In effect July 22, 1919. Stats. 1919, p. 
 284.] 
 
 Penalties. 
 
 $ 30d. Any person who violates any provision of section thirty c of this act or who 
 directs or knowingly permits in employee to violate any of said provisions, shall be 
 guilty of a misdemeanor and upon conviction shall be punished by a fine of not less 
 than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the 
 county jail for not less than ten days nor more than sixty days, or by both such fine 
 and imprisonment. ^ 
 
 Any firm, corporation, society or association which violates any of said provisions 
 shall be guilty of a misdemeanor and upon conviction shall be fined as above provided. 
 
 In the event an officer, director, manager or managing agent of any firm, corporation, 
 society, or association violates any of the provisions of section thirty c of this act, or 
 directs or knowingly permits any employee to violate any of said provisions, sucli 
 officer, director, manager or managing agent shall be guilty of a misdemeanor and upon 
 conviction thereof shall be punished by fine or imprisonment or both as above provided ; 
 and, in such a case, the firm, coi-poi-ation, society or association shall also be guilty and 
 upon conviction shall be fined as above provided. One-half of all such fines shall be 
 paid into the state treasury and placed to the credit of the general fund. [New section 
 added May 5, 1919. In effect July 22, 1919. Stats. 1919, p. 285.] 
 
 Milk wagons, etc., to bear name of owner. 
 
 § 31. All wagons, vehicles, or carts from which market milk, cream, butter, ice 
 cream, buttermilk, or ice milk are sold, marketed, delivered, or peddled, shall have 
 the name and address of the owner plainly painted thereon, in letters at least three 
 inches high, and one and a half inches wide, on both sides of such vehicle. 
 
 I
 
 SIT DAIRIES. Act 11C7, §g 32-34 
 
 "Ice milk" to "be properly labeled. 
 
 $ 32. It shall be unlawful for any person, firm or corporation to manufacture for 
 sale, sell, or furnish with meals or drinks which are sold, any frozen edibles, made 
 principally of skimmed milk, or principally of milk, unless the same shall conform to 
 the definitions and standards herein fixed in section 29 for "ice milk" or "ice cream." 
 
 Unlawful to use borax, etc., to prevent souring. Adding coloring, etc. 
 
 $ 33. It shall be unlawful for any person to produce, manufacture or prepare for 
 sale, or to sell, or to offer for sale, or to have on hand for sale, any milk, or product 
 of milk, to which has been added, or that may contain, any compound of boron, 
 salicylic acid, formaldehyde, or other chemical or substance for the pui^iose of pre- 
 venting or delaying fermentation or souring. It shall be unlawful for any person to 
 produce, manufacture or prepare for sale, or to sell, or to offer for sale, or to have on 
 hand for sale, any milk, cream or condensed milk to which any coloring matter has 
 been added by any person, or to which any gelatin or other substance has been added 
 by any person to increase the consistency of such milk, cream or condensed milk, so as 
 to make such milk, cream or condensed milk appear richer or of better quality; pro- 
 vided, that this section shall not be construed to prohibit the use of harmless coloring 
 matter and common salt (chloride of sodium) in butter and cheese. 
 
 Unlawful to sell ice cream not conforming to standard. Marking ice milk receptacles. 
 
 Marking ice milk wagons. Sellers to post ice milk signs. 
 
 § 34. It shall be unlawful for any person, firm or corporation, manufacturing any 
 frozen goods, which do not conform to the standards and provisions of this act for ice 
 cream, to sell, or offer to sell, or represent the same as ice cream, or under the name 
 of ice cream; and all frozen goods which do not conform to the standards and 
 requirements of this act for "ice ci'eam, " but which do confonn to the standards and 
 requirements for "ice milk" herein, for the purjoose of this act, shall be known as 
 "ice milk," and shall be sold and designated as "ice milk," and not otherwise, and 
 shall be billed as "ice milk," and every person, firm or corporation selling, furnishing 
 or delivering to any person any such "ice milk" shall distinctly inform the pur- 
 chaser at the time in each and every instance that the said goods are "ice milk." The 
 absence of such declaration shall always be construed as a representation on the part 
 of the vendor that the goods are ice cream. 
 
 Every tub, receptacle or packer in which there shall be kept, sold, or delivered, at 
 any time, any "ice milk," as herein defined, shall have conspicuously and securely 
 attached thereto a durable tag, giving the name and address of the manufacturer or 
 vendor of the same, and containing the words "ice milk" in letters at least one inch 
 high and one-half inch wide, and containing no other reference to the name or char- 
 acter of the goods therein contained. The absence of such tag or label shall always 
 be construed as a representation on the part of the maker or vendor that said goods 
 are ice cream. 
 
 Every wagon, vehicle or cart, in or from which any "ice milk" shall be sold, fur- 
 nished, delivered or peddled, shall have plainly and dui-ably painted on both sides 
 thereof, the name and address of the owner, in letters at least three inches high, and 
 one and a half inches wide, and also the. words "ice milk" on each side thereof, in 
 letters at least four inches high, and two inches wide, and there shall be no other 
 reference to the name or character of the goods being sold or delivered. The absence 
 of such words and letters shall always be construed as a representation on the part 
 of the owner or vendor that said goods are ice cream. 
 
 Every person, firm or corporation, who sells, keeps for sale, delivers, or furnishes 
 in connection with meals, or in connection with drinks, or otherwise, any ice milk 
 within the meaning of this act, to, be used or eaten on the premises where sold shall
 
 Act 1167, §§ 35, 36 GENERAL LA^VS. 518 
 
 keep at all times posted or Lung in at least two conspicuous places within the premises, 
 and in plain view of the public, durable signs having printed or painted thereon the 
 words "we sell ice milk," or "we serve ice milk," in letters at least four inches high 
 and two inches wide. The absence of such signs, words and letters, as herein 
 required shall alwaj's be construed as a representation on the part of the owner, or 
 person selling or serving the goods, that they are ice cream. It shall be unlawful 
 for any person, firm or corporation to manufacture, sell, deliver, furnish, serve, or 
 keep on hand any ice milk, within the meaning of this act, unless the same is done in 
 compliance with all the requirements hereof. 
 
 Branding cheese. 
 
 $ 35. Every person, firm or corporation, who shall manufacture cheese in the state 
 of California, shall at the place of manufacture, brand distinctly and durably on each 
 and every cheese manufactured, and upon the package or box, when shipped, the grade 
 of cheese manufactured, as follows: "full-cream cheese," or "half -skim cheese," or 
 "skim cheese." 
 
 Dairy bureau to issue brands. 
 
 All brands for branding the different grades of cheese shall be procured from the 
 state dairy bureau, and said bureau is hereby directed and authorized to issue to all 
 persons, firms or corporations, upon application therefor, uniform brands, consecu- 
 tively numbered, of the different grades specified in this section. The state dairy 
 bureau shall keep a record of each and every brand issued, and the name and location 
 of the manufacturer receiving the same. No manufacturer of cheese in the state of 
 California other than the one to whom such brand is issued, shall use the same, and in 
 case of a change of location, the party shall notify the bureau of such change. 
 
 Grades of cheese defined. Unlawful to sell without brand. 
 
 The different grades of cheese are hereby defined as follows: First: Such cheese 
 only as shall have been manufactured from pure milk, and from which no portion of the 
 butter fat has been removed by skimming or otherwise, and having not less than fifty 
 per cent of butter fat in its water-free substance, which shall be conspicuously branded 
 as "full-cream cheese." Second: Such cheese only as shall have been made from pure 
 milk, and having not less than twenty-five per cent of butter fat in its water-free sub- 
 stance, which shall be conspicuously branded as "half -skim cheese," Third: Such 
 cheese only as shall have been made from pure skim milk, which shall be conspicuously 
 branded as "skim cheese." 
 
 No person or persons, firm, association or corporation shall sell or offer for sale in 
 this state any cheese which is not branded either "full-cream cheese," "half -skim 
 cheese," or "skim cheese," in accordance with its butter fat content. [Amendment 
 of June 1, 1917. In effect July 31, 1917. Stats. 1917, p. 1656.] 
 
 "Persons" defined. Act of agent deemed act of corporation. 
 
 § 36. The word "persons," as used in this act, shall be construed to import both the 
 singular and plural, as the case demands, and shall include individuals, corporations, 
 companies, societies and associations. When construing and enforcing the provisions 
 of this act, the act, omission or failure of any employee, ofiicer, agent or other person, 
 acting for or employed by any individual, corporation, company, society or association, 
 within the scope of his employment or office, shall in every case also be deemed to be 
 the act, omission or failure of such individual, coi7)oration, comjiany, society or asso- 
 ciation, as well as that of the person. The provisions of this act shall be construed to 
 apply to hotel-keepers, restaurant-keepers and boarding-house keepers or any jjerson 
 who shall serve meals and accept money therefor.
 
 619 DAIRIES. Act 1107, §§ 3<S-41 
 
 Agent of dairy bureau may enter premises. Unlawful to interfere with inspectors. 
 
 § 37. Every agent and inspector of the state dairy bureau, and every inspector of 
 any city, county or state board of health is hereby authorized to enter upon and 
 inspect any dairy, dairj'^ premises, creamery, cheese factory, ice cream factory, or other 
 place where dairy products of any kind are being produced, sold, delivered or used, 
 or where they suspect that oleomargarine, or other substances designed to be used as 
 a substitute for butter, or renovated butter, or imitation butter, or imitation cheese are 
 being manufactured, sold, kept, delivered, transported or stored in violation of any of 
 the provisions of this act. 
 
 It shall be unlawful for any person, firm or coi'poration to prevent or interfere with 
 the duly authorized inspectors or agents of the state dairy bureau, or any city, county 
 or state board of health, or the inspectors thereof, from entering or inspecting any 
 place or premises where milk or products of milk or where oleomargarine, or imitation 
 butter or cheese, or renovated butter, or any substance designed to be used as a sub- 
 stitute for butter, are produced, manufactured, prepared, sold, kept for sale, furnished 
 or served, or to prevent or interfere with such inspectors or agents in the event they 
 deem it advisable to secure samples of milk or milk products, or oleomargarine, or 
 imitation butter or cheese, or renovated butter, or any substance designed to be used 
 as a substitute for butter, at or from any such place or person, for the purpose of 
 ascertaining whether this act is being violated, or to interfere with or prevent any 
 such inspector or agent from examining any record or books required by the pro- 
 visions of this act to be open to the inspection of the state dairy bureau, or its agents. 
 
 Failure to conform to act a misdemeanor. 
 
 § 38. It shall be unlawful for any person, firm or corporation to fail, neglect or 
 refuse to do any of the things required to be done by the provisions of this act; and 
 i^ shall be unlawful for any person, firm or corporation to do any of the things pro- 
 hibited by the provisions of this act; and in every case the failure, neglect or refusal 
 to do anything required by this act, and the doing of anything prohibited by this act, 
 is hereby declared to be a misdemeanor, and shall be punished as herein provided. 
 
 Penalty for violating sections 9 to 24. 
 
 ^ 39. Whoever shall violate any of the provisions of sections 9 to 24 both- inclusive 
 of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, 
 be punished for the first offense, by a fine of not less than fifty dollars, nor more than 
 one hundred and fifty dollars; or by imprisonment in the county jail for not exceeding 
 thirty days; and for each subsequent offense, by a fine of not less than one hundred 
 and fifty dollars nor more than three hundred dollars, or by imprisonment in the 
 county jail for not less than thirty days, nor more than six months, or by both such 
 fine and imprisonment, at the discretion of the court. 
 
 Penalty for violating sections 25 to 35, and 37. 
 
 $ 40. Whoever shall violate any of the provisions of sections 25 to 35, botlj. inclusive, 
 or of section 37 of this act, shall be deemed guilty of a misdemeanor, and shall, upon 
 conviction thereof, be punished by a fine of not less than twenty-five dollars nor more 
 than two hundred dollars; or by imprisonment in the county jail for not less than ten 
 days and not exceeding sixty days, or by both such fibae and imprisonment, at the 
 discretion of the court. 
 
 Other sections. 
 
 $ 41. Whoever shall violate any of the provisions of this act other than sections 9 
 to 35, both inclusive, and section 37 (the punishment for which is provided in sections 
 39 and 40 hereof) shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be punished by a fine of not less than ten dollars nor more than two
 
 Act 1167. §§42,43 GENERAL LAWS. 620 
 
 hundred dollars, or by imprisonment in the county jail for a period of not less than 
 ten days nor more than one hundred days, or by both such fine and imprisonment. 
 
 Disposition of fines. 
 
 $ 42. One-half of all the fines imposed for the violation of any of the provisions 
 of this act shall be paid to the county in which the fine is imposed. The other one-half 
 shall be paid to the state treasurer and shall become part of the general fund. 
 [Amendment of June 1, 1917. In effect July 31, 1917. Stats. 1917, p. 1657.] 
 
 Dairy bureau to enforce act. Statistics of dairy industry. Report of contagious dis- 
 eases among cattle. Officers of dairy bureau. Inspections. 
 
 ^ 43. It shall be the duty of the state dairy bureau, now existing under the laws of 
 this state, to enforce the provisions of this act; provided, that nothing in this act 
 shall be construed to prevent any city or county board of health or other city or 
 county official from enforcing the provisions of this act; and provided, further, that 
 no conviction shall be had where a conviction is sought upon any alleged sample of 
 milk, or product of milk, unless such sample has been taken in duplicate, sealed 
 and marked for identification and one of such samples left with the person accused. 
 The state dairy bureau is authorized under this act to gather and compile statistics 
 relative to the dairy industry, and to disseminate the same and other information 
 useful to, and to the general good and development of the dairy industry of the state, 
 and to do such other things as will tend to promote the dairy industry of the state. 
 Whenever any agent or inspector of the state dairy bureau shall discover the exist- 
 ence of any contagious or infectious disease among dairy cattle, or have reason to 
 believe that such disease may exist, the same shall be immediately reported to the 
 state veterinarian. The state dairy bureau shall have power to employ an agent or 
 secretary at a salary of twenty-four hundred dollars a year, and such inspectors, 
 assistants and chemists as from time to time it may deem necessary for the proper 
 enforcement of the provisions of this act, and to fix the compensation of such inspectors 
 at not to exceed five dollars per day, exclusive of their necessary and actual expenses, 
 such expenses to be itemized and rendered under oath, or one hundred and twenty-five 
 dollars per month exclusive of their necessary and actual expenses. Such agents 
 shall have had experience in the manufacture of dairy products and the handling of 
 dairy cattle. The state dairy bureau, through its agent and secretary, and assistant 
 agents, shall inspect the dairies, dairy cattle, creameries and other factories of dairy 
 products, markets and other places where dairy products are prepared or handled, 
 and keep a careful record of such inspection and report the same to the state dairy 
 bureau and upon evidence obtained that any of the provisions of this act are being 
 violated, the state dairy bureau, through its agent and secretary, or its inspectors, 
 shall duly enter complaint against the party or parties, responsible for such viola- 
 tions and cause the same to be prosecuted, except in cases where any dairy, creamery 
 or other factory of milk products, or store or depot where milk and its products are 
 handled a'nd sold, is found to be in an unsanitary condition, in which case the agent 
 and secretary, or the inspector, for the district in which the violation occurred, shall 
 serve upon the owner, or owners, or person in charge of the dairy, creamery or other 
 factory of milk products so found to be in an unsanitary condition, a written notice 
 specifying in detail the changes required to be made to place such dairy, creamery, or 
 other factory of milk products or store or depot in a sanitary condition as defined in 
 this act. Should such changes not have been made at the expiration of thirty days 
 after the date when the notice was served, the state dairy bureau, through its agent 
 and secretary, or its inspectors, shall enter complaint against the person or persons 
 responsible for such unsanitary conditions and cause them to be prosecuted for vio- 
 lating this act.
 
 621 DAIRIE:S. Acts 116S, 116Sa, § 1 
 
 Duty of district attorney to bring actions. 
 
 § 44. It shall be the duty of the district attorney of each and every county of this 
 state, upon application of the state dairy bureau, or its agent and secretary, or any 
 of its inspectors or assistant agents, to attend to the prosecution, in the name of the 
 people, of any action brought for the violation of any of the provisions of this act 
 within his county. 
 
 Act of 1897 continued. Repealed. 
 
 ^ 45. The provisions of section 15 of the act approved March 4, 1897, entitled "An 
 act to prevent deception in the manufacture and sale of butter and cheese, to secure 
 its enforcement, and to appropriate money therefor," are hereby expressly continued 
 in force; and the present state dairy bureau shall continue in existence in all respects 
 as now constituted under existing laws; and the members thereof shall continue to 
 be chosen and appointed in all respects as now provided under existing laws; the 
 intention being that the existing laws, under which said bureau is constituted and now 
 exists and by which its powers are conferred and its duties are pfescribed, shall in no 
 way be impaired or affected by this act. 
 
 Repeal. 
 
 § 46, Section 17 of an act entitled "An act to prevent deception in the manufacture 
 and sale of butter and cheese, to secure its enforcement, and to appropriate money 
 therefor," approved March 4, 1897, is hereby repealed. 
 
 $ 47. All acts and parts of acts inconsistent with the provisions of this act are 
 hereby repealed. 
 
 1. Certiorari will not lie to review a of milk that is pure and wiiolesome from an 
 judgment of conviction for the sale of adul- unregistered dairy, but merely makes the 
 terated milk as defined by section 29 of the failure to register a misdemeanor, and it is 
 act, where no attack was made upon the no defense to an action for the price of 
 validity of the act, and where the lower milk sold under contract that the plaintiff 
 court clearly had jurisdiction. — Revis v. Su- sold the milk from an unregistered dairy 
 perior Court, 22 Cal. App. 479, 134 Pac. 1159. required by the act to be registered. — Lu- 
 
 2. Unregistered dairy — Action for sale of chini v. Roux, 29 Cal. App. 755, 157 Pac. 554. 
 milk. — The act does not prohibit the sale 
 
 STANDARD FOR CONDENSED AND EVAPORATED MILK. 
 ACT 1168 — An act to establish a standard for evaporated milk and condensed milk. 
 History: Approved April 24, 1911, Stats., 1911, p. 1101. 
 
 Standard of condensed milk. 
 
 $ 1. The standard of purity of condensed milk and evaporated milk shall be that 
 proclaimed and established by the secretary of the United States department of 
 agriculture. 
 
 Repeal of inconsistent acta. 
 
 § 2. All acts and parts of acts inconsistent with the provisions of this act are 
 hereby repealed. 
 
 standard of condensed milk. — See §29, by amendment of original act August 8, 
 subdv. (3) of Act 1167, which became a law 1915. 
 
 USE OF CHEMICALS TO PREVENT FERMENTATION. 
 ACT 1168a — An act to prohibit the use of chemicals and other materials in milk and 
 milk products to prevent fermentation therein. 
 
 History: Approved March 23, 1907, Stats. 1907, p. 971. 
 
 Milk, use of substances to prevent fermentation prohibited. 
 
 ^ 1. It shall be unlawful for any person to produce, manufacture or prepare for sale 
 or to sell, or to offer for sale, or have on hand for sale, any milk or product of milk to
 
 Act lieSa, §g 2-5 GEXERAL LAW'S. 522 
 
 which has been added, or that may contain, any compound of boron, salicylic acid, 
 formaldehyde or other chemical or substance for the purpose of preventing or delaying 
 fermentation. It shall be unlawful for any person to produce, manufacture or prepare 
 for sale, or to sell, or to offer for sale, or have ou hand for sale, any milk, cream or con- 
 densed milk to which any coloring matter has been added by any person or to which any 
 gelatine or other substance has been added by any person to increase the consistency of 
 such milk, cream or condensed milk, so as [to] make such milk, cream or condensed milk 
 appear richer or to [sic] better quality; provided, that this section shall not be con- 
 strued to prohibit the use of harmless coloring matter and common salt (chloride of 
 sodium) in butter and cheese. The word "person" as used in this act shall be con- 
 strued to import both the singular and plural, as the case demands, and shall include 
 individuals, corporations, companies, societies and associations. When construing and 
 enforcing the provisions of this act, the act, omission or failure of any employee, 
 officer, agent or other person, acting for or employed by any individual, corporation, 
 company, society or association, within the scope of his employment or office, shall in 
 every case also be deemed to be the act, omission or failure of such individual, corpora- 
 tion, company, society or association, as well as that of the person. The provisions of 
 this act shall be construed to apply to hotel-keepers, restaurant-keepers and boarding- 
 house keepers, or to any other person who shall serve meals and accept money therefor. 
 
 Duty of state dairy bureau. 
 
 ^ 2. It shall be the duty of the state dairy bureau, now existing under the laws 
 of this state, to enforce the provisions 6f this act; provided, that nothing in this act 
 shall be construed to prevent any city or county board of health or other city or 
 county official from enforcing the provisions of this act. 
 
 Penalty for violation. Samples of milk. Disposition of fines. 
 
 § 3. Any person who shall violate any of the provisions of this act shall be guilty 
 of a misdemeanor and upon conviction shall be punished by a fine of not less than 
 twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) or by impris- 
 onment in the county jail for not less than ten days nor more than sixty days; pro- 
 vided that no conviction shall be had when a conviction is sought upon any alleged 
 sample of milk, or product of milk, unless such sample has been taken in dupli- 
 cate, sealed, and marked for identification, and one of such samples left with the 
 person accused. All fines collected under this act shall be paid to the state dairy 
 bureau when the complaint is made through the state dairy bureau and the state dairy 
 bureau shall pay the same "to the state treasurer and the amount paid by the state 
 dairy bureau to the state treasurer is hereby appropriated to the use of the state dairy 
 bureau for the fiscal year in which the amount is paid to the state treasurer. 
 
 Interference with inspectors. 
 
 ^ 4. It shall be unlawful for any person to prevent or interfere with the duly 
 authorized inspectors or agents of the state dairy bureau, or any city or county board 
 of health, from entering any place or premises where milk or products of milk are 
 produced or manufactured, or prepared, or to prevent or interfere with such inspectors 
 or agents, in the event they deem it advisable to secure samples of milk or milk products 
 from any person producing or selling milk or products of milk for the purpose of 
 analyzing the same to ascertain whether this act is being violated. 
 
 Duty of district attorney. 
 
 § 5. It shall be the duty of the district attorney, upon application by the state dairy 
 bureau or by any city or county board of health to attend to the prosecution, in the 
 name of the people, of any complaint entered for the violation of any of the provisions 
 >f this act within his district.
 
 523 DAIRIES. Act 1169, §§ 1-3 
 
 Inconsistent acts repealed. 
 
 $ 6. All acts, or parts of acts, inconsistent with this act are hereby repealed. 
 
 Act takes effect when. 
 
 5 7. This act shall take effect and be in force sixty days after its passage. 
 
 ACT 1169 — An act to regulate the production of certified milk, cream, ice cream, butter 
 
 and cheese; and repealing an act entitled "An act to regula,te the production of 
 
 certified milk," approved March 18, 1909, and all acts and parts of acts inconsistent 
 
 with this act. 
 
 History: Approved April 25, 1913. In effect August 10, 1913. Stats. 
 1913, p. 83. Former act of March 18, 1909, Stats. 1909, p. 402, repealed 
 by present act; also, act of March 17, 1911, Stats. 1911, p. 382, super- 
 seded by present act. 
 
 Certified milk regulations. 
 
 § 1. No person, firm or corporation shall sell or exchange, or offer or expose for sale 
 or exchange, as and for certified milk, any milk which does not conform to the rules and 
 regulations and to the methods and standards for the production and distribution of 
 "certified milk" adopted by the American association of medical milk commissions on 
 May 1st, 1912, and which does not bear the certification of a milk commission appointed 
 by a county medical society organized under and chartered by the medical society of 
 the state of California, and which has not been pronounced by such authority to be free 
 from antiseptics, added preservatives, and pathogenic bacteria, or bacteria in excessive 
 numbers. All milk sold as certified milk shall be conspicuously marked with the name 
 of the commission certifying it. Such milk commission shall make all requirements for 
 the production and handling of certified milk uniform and fair, and shall not refuse to 
 certify milk for any applicant for certification who shall complj' with the provisions 
 of this act. 
 
 Certified cream, butter, milk, etc 
 
 § 2. No person, firm or corporation shall sell or exchange or offer or expose for sale 
 or exchange, any cream, skimmed milk, buttermilk, ice cream, butter or cheese as and 
 for certified cream, certified skimmed milk, certified buttermilk, certified ice cream, cer- 
 tified butter or certified cheese, as the case may be, or use the word "certified" in 
 connection with the sale, designation, advertising, labeling or billing of any cream, 
 skimmed milk, buttermilk, ice cream, butter or cheese unless the same and all products 
 of milk contained therein or used in the manufacture thereof are obtained exclusively 
 from milk which conforms to the requirements of this act for certified milk and which 
 bears the certification of a milk commission in accordance with the provisions of sec- 
 tion 1 of this act, and unless in addition thereto the methods and conditions under which 
 such cream, skimmed milk, buttermilk, ice cream, butter and cheese, as the case may be, 
 have been prepared or manufactured, as regards cleanliness and sanitation, shall con- 
 form to the requirements of the milk commission whose certification is sought. All 
 cream, skimmed milk, buttermilk, ice cream, butter and cheese sold, designated, adver- 
 tised or offered for sale, as certified cream, certified skimmed milk, certified buttermilk, 
 certified ice cream, certified butter or certified cheese shall be conspicuously marked 
 with the name of the commission certifying it and certifying the milk from which such 
 cream, ice cream, butter and cheese is obtained. 
 
 Penalty. 
 
 $ 3. Any person who shall violate any of the provisions of this act shall be guilty of 
 a misdemeanor and upon conviction shall be punished by a fine of not less than twenty- 
 five (25) dollars nor more than two hundred ($200) dollars, or by imprisonment in the 
 county jail for not less than ten (10) nor more than sixty (GO) days. 
 
 I
 
 Act 1171, § 1 GENERAL LAWS. 624 
 
 Act repealed. 
 
 § 4. An act entitled "An act to regulate the production of certified milk," approved 
 March 18, 1909, and all acts and parts of acts inconsistent with this act, are hereby 
 repealed. 
 
 Adulteration and deception in sale of The director of the department of agrricul- 
 
 dairy products, in general. — See, ante, Act 36. tnre is given power of administering and 
 
 Definition of butter. — See, ante. Act 36. enforcing this act. — See, post, Act 96, S 9. 
 Definitions of imitation butter and cheese. 
 
 —See, ante, Act 1167. 
 
 DAIRY INSPECTION ACT OF 1917, 
 ACT 1171 — An act to prevent the sale of impure and unwholesome milk, Tjutter, ice 
 cream and other milk products; to declare ice cream a milk product; to grade milk; 
 to provide rules and regulations therefor, and to empower cities, groups of cities, 
 counties and groups of counties, or cities and counties, to establish inspection service ; 
 to provide for the enforcement of this act; to prescribe penalties for violation of 
 the provisions hereof; and to repeal an act entitled, "An act to prevent the sale 
 of impure and unwholesome mUk, to grade milk, to provide rules and regulations 
 therefor, and to empower cities, groups of cities, counties and groups of counties, or 
 cities and counties, to establish inspection service; to provide for the enforcement 
 of this act; to prescribe penalties for violation of the provisions hereof; and to make 
 an appropriation therefor," approved June 15, 1915. 
 
 History: Approved May 22, 1917. In effect July 27, 1917. Stats. 
 
 1917, p. 803. Amended May 6, 1919. In effect July 22, 1919. Stats. 
 
 1919, p. 326. Former act of June 11. 1915, Stats. 1915, p. 1478, repealed 
 
 by the present act. 
 
 Milk must be pasteurized. Cream for butter. Butter used in manufacture of food- 
 stuffs. Marking of butter. Ice cream a milk product. 
 
 $ 1. It shall be unlawful for any person, firm or corporation, except in bulk to the 
 wholesale trade, to sell or exchange or offer or expose for sale or exchange for human 
 consumption any milk from cows that have not passed the tuberculin test, until it has 
 been pasteurized by the holding process at a temperature not less than one hundred 
 forty degrees Fahrenheit for twenty-five minutes ; provided, that milk for drinking pur- 
 poses shall not be heated for more than one hour nor above one hundred forty-five 
 degi-ees Fahrenheit ; provided, further, that cream that is to be manufactured into butter 
 may be pasteurized by heating it to a higher degree than milk and, when the same is 
 uniformly heated to and held at a higher degree of temperature than one hundred fifty- 
 one degrees Fahrenheit, the time for holding maj'^ be decreased from twenty-five minutes 
 by one minute for each degree of temperature over one hundred fifty-one degrees Fah- 
 renheit. It shall further be unlawful for any person, firm or corporation to sell or 
 exchange or offer or expose for sale or exchange for human consumption any butter, 
 ice cream or other milk products except cheese and butter as hereinafter provided, into 
 the composition of which any milk enters other than that permitted in this section of 
 this act, to be sold at retail for human consumption; provided, that nothing in this act 
 shall be construed to prohibit the use or sale of butter that is not pasteurized or butter 
 that is not the product of nonreaeting tuberculin-tested cows; provided, that said 
 butter be used by manufacturers of foodstuffs only and in the manufacture of such 
 foodstuffs said butter shall be subjected to a minimum temperature of two hundred 
 twenty-five degrees Fahrenheit; and provided, further, that it shall be unlawful to use 
 any such butter except in the manufacture of food subjected to said temperature. 
 Butter offered for sale for human consumption shall be marked: "From nonreaeting 
 tuberculin-tested cows," or "Pasteurized," as the case may be. Butter, which, by the 
 provisions of this act, is permitted to be used for cooking and baking purposes only 
 shall be marked "For cooking and baking only." Ice cream is hereby declared to be 
 a milk product. For the purpose of this act milk shall be construed to include cream 
 
 11
 
 62» DAIRIES. Act 1171, §§ 2-6 
 
 Sale of T"i^lg where milk inspection service established. 
 
 § 2. It shall be unlawful for any person, firm or corporation to sell or exchange, or 
 offer or expose for sale or exchange, in any city, county, or city and county, in which 
 a milk inspection service, approved by the state dairy bureau, has been established, 
 any milk otherwise than as hereinafter provided in this act, and for the purpose of this 
 act, the term "inspecting department" shall be construed to mean the health depart- 
 ment of a county or group of counties, city or group of cities, or city and county main- 
 taining a milk inspection service approved by the state dairy bureau, and such inspect- 
 ing department shall include at least one regularly licensed physician. It shall be 
 unlawful for any person, firm or corporation to sell or exchange, or offer or expose for 
 sale or exchange any milk as and for, or under the designation, label or other represen- 
 tation of "guaranteed," "grade A," or "grade B" milk, except within a county or 
 group of counties, city or group of cities, or city and county maintaining a milk inspec- 
 tion service approved by the state dairy bureau; provided, that a person, firm or 
 corporation, which is authorized to sell milk within the jurisdiction of an inspecting 
 department may sell milk from the same supply, of the same quality, in similar con- 
 tainers, and under the same label in territory outside the jurisdiction of any inspecting 
 department, if local ordinances are not thereby violated, and also in territory within 
 the jurisdiction of any other inspecting department; provided, the consent of said other 
 inspecting department has been previously obtained. 
 
 Milk not to be sold for human consumption. 
 
 § 3, All milk sold or exchanged or offered or exposed for sale or exchange except in 
 bulk to the wholesale trade in any county or group of counties, city or group of cities, 
 or city and county, in which a milk inspection service, approved by the state dairy 
 bureau has been established, except certified milk, guaranteed milk, grade A milk and 
 g^ade B milk, is hereby declared to be impure and unwholesome and -must not be sold 
 for human consumption. 
 
 Grades of milk. Grade marked. 
 
 § 4. Where an inspection service is maintained as provided in section two of this 
 act, milk shall be graded as follows: certified milk, guaranteed milk, grade A milk, 
 grade B milk and milk not suitable for human consumption; provided, that milk sold 
 or exchanged or offered or exposed for sale or exchange as and for, or under the desig- 
 nation, label or other representation of "guaranteed," "grade A," or "grade B, " 
 milk shall have the grade and whether raw or pasteurized marked on the container or 
 cap of the container in capital letters not less than one-eighth inch long and one- 
 sixteenth inch wide; and provided, further, that milk not suitable for human consum- 
 tion shall be plainly so marked. 
 
 Approval of inspecting department. 
 
 $ 5. No person, firm or corporation shall sell or exchange, or offer or expose for sale 
 or exchange, as or for guaranteed milk, any milk, raw or pasteurized the quality of 
 which is guaranteed by the dealer, without approval in writing of the inspecting depart- 
 ment, which milk must be of a higher standard than that required for grade A raw milk. 
 
 Requirements for grade A milk. Dairies having not more than two cows. 
 
 $ 6. No person, firm or corporation shall sell or exchange, or offer or expose for sale 
 or exchange, as and for grade A milk, any milk that does not conform to the rules and 
 regulations and the methods and standards for production and distribution of grade A 
 milk adopted by the inspecting department. 
 
 Grade A milk shall conform to the following requirements as a minimum: if raw it 
 shall consist of the clean raw milk from health}' cows as determined by physical exam- 
 ination at least once in six months by a qualified veterinarian under the supervision of
 
 ActX171,S7 GENERAL LAWS. 526 
 
 the inspecting department, and by the tuberculin test by a qualified veterinarian under 
 the supervision of the state veterinai'ian, and from dairies that score not less than 
 seventy per cent on the score card hereinafter set forth ; provided, however, that dairies 
 having not more than twv milking cows, and, which are found by any such inspecting 
 department to comply fully with the remaining provisions of this act are hereby 
 exempted from such scoring requirements and from the use of the labels prescribed in 
 section four hereof. The tuberculin test must be repeated annually if no reacting ani- 
 mals are found in the herd. If reacting animals are found they must be removed from 
 the herd, and the tuberculin test repeated in six months. All cows are to be fed, watered, 
 housed and milked under conditions approved by the inspecting department. All per- 
 sons who come in contact with the milk must exercise scrupulous cleanlines and must 
 not harbor the germs of typhoid fever, tuberculosis, dii^htheria or other infectious dis- 
 eases liable to be conveyed by milk. Absence of such infections shall be determined by 
 cultures and physical examination, to the satisfaction of the inspecting department. 
 
 Sterile containers. Bacteria content. 
 
 This milk is to be delivered in sterile containers and is to be kept at a temperature 
 established by the inspecting department until it reaches the ultimate consumer, when 
 it must contain less than one hundred thousand bacteria per cubic centimeter. If pas- 
 teurized it shall come from cows free from diseases as determined by physical examina- 
 tion at least once in six months, by a qualified veterinarian under the supervision of the 
 inspecting department. It shall contain less than two hundred thousand bacteria per 
 cubic centimeter before pasteurization and less than fifteen thousand bacteria per cubic 
 centimeter at the time of deliveiy to the ultimate consumer. Dairies from which this 
 milk is derived must score at least sixty on the score card hereinafter set forth. 
 
 Eequirements for grade B milk. 
 
 ^ 7. No person, firm or corporation shall sell or exchange, or offer or expose for 
 sale or exchange, as and for grade B milk, any milk that does not conform to the follow- 
 ing requirements as a minimum; it must be obtained from cows in no way unfit for the 
 production of milk for use by man, as determined by physical examination at least once 
 in six months by a qualified veterinarian under the supervision of the inspecting depart- 
 ment. Before pasteurization such milk shall contain less than one million bacteria per 
 cubic centimeter. After pasteurization it shall contain less than fifty thousand bacteria 
 per cubic centimeter. 
 
 Pasteurization. 
 
 Milk for pasteurization must be kept at a temperature established by the inspecting 
 department up to the time of delivery to the pasteurization plant and rapidly cooled 
 after pasteurization to a temperature of fifty degrees Fahrenheit or below and so main- 
 tained to the time of delivery of the same. Pasteurization shall be by the holding 
 method at a temperature not less than one hundred forty degrees Fahrenheit; provided, 
 that milk for drinking purposes shall not be heated above one hundred forty-five degrees 
 Fahrenheit. 
 
 Records. 
 
 Such pasteurization plant shall be equipped with a self-registering device for record 
 of the time and temperature of pasteurization. Such records shall be kept for two 
 months and be available for inspection by any health department, the state veterinarian 
 or any of his agents, or the state dairy bureau. Pasteurized milk shall be marked with 
 the day of the week of pasteurization and must be delivered to the consumer within 
 forty-eight hours thereafter. If milk is repasteurized, it must not be sold except as not 
 suitable for human consumption; provided, however, if graded, cream of any grade shall 
 conform to all the standards set for milk of the same grade, except that the maximum
 
 51:7 DAIRIES. Act 1171, §§ S-ia 
 
 bacteria count for cream shall be not more than three times as great as that of the 
 correspoading grade of milk. [Amendment of May 6, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 327.] 
 
 Milk not suitable for human consumption. 
 
 § 8. Milk not suitable for human consumption may be sold for industrial purposes, 
 provided it be heated to a higher temperature than necessary for pasteurization, and 
 delivered in a distinctive container, plainly marked ^yith the words "Not suitable for 
 human consumption, ' ' in letters not less than one-quarter inch in length and one-twelfth 
 inch stroke. 
 
 Counties, etc., may maintain inspection service. 
 
 ft 9. Counties, or gi-oups of counties, cities or groups of cities, or cities and counties, 
 are hereby authorized to maintain a milk inspection service and laboratory conformable 
 to requireraents as set forth by the state dairy bureau, and to establish pasteurizing 
 plants. 
 
 Penalties for violation. 
 
 $ 10. Any person who violates any provision of this act or the rules made in accord- 
 ance with section eleven of this act or who directs or knowingly permits an employee 
 to violate any of said provisions or said rules, shall be guilty of a misdemeanor and upon 
 conviction shall be punished by a fine of not less than twenty-five dollars nor more than 
 two hundred dollars, or by imprisonment in the county jail for not less than ten days 
 nor more than sixty days, or by both such fine and imprisonment! 
 
 Any firm, corporation, society or association which violates any of said provisions 
 or of said rules shall be guilty of a misdemeanor and upon conviction shall be fined as 
 above provided. 
 
 In the event an officer, director, manager or managing agent of any firm, corporation, 
 society or association violates any of the provisions of this act, or the rules made in 
 accordance with section eleven of this act or directs or knowingly permits any employee 
 to violate any of said provisions or said rules, such officer, director, manager or man- 
 aging agent shall be guilty of a misdemeanor and upon conviction thereof shall be pun- 
 ished by fine or imprisonment or both as above provided; and, in such case, the firm, 
 corporation, society or association shall also be guilty and upon conviction shall be fined 
 as above provided. One-half of all such fines shall be paid into the state treasury and 
 placed to the credit of the general fund. [Amendment of May 6, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 327.] 
 
 Duty of state dairy bureau. 
 
 ^ 11. It shall be the duty of the state dairy bureau, with the assistance of the pure 
 food and drugs laboratory, to enforce all the provisions of this act except the tuberculin 
 testing of cows and the marketing of reactors; and said bureau, with the approval and 
 assistance of the pure food and drugs laboratory, is hereby empowered to make such 
 rules and regulations as may be necessary and advisable for such enforcement. 
 
 Duty of state veterinarian. 
 
 $ 12. It shall be the duty of the state veterinarian, as soon as practicable, either 
 directly or through local inspecting departments, to enforce the provisions of this act 
 as to the tuberculin testing of cows and the exclusion of reacting animals from the 
 herds, and to mark indelibly by tattooing the ear with the capital letter "T" one inch 
 long any cattle which have been tested with tuberculin under the provisions of this act 
 and found to react to the test. For such purpose he may appoint such veterinarians 
 us may be necessary.
 
 Act 1171, g 13 
 
 GK^XKRAL. LAWS. 
 
 S28 
 
 Dairyman not operating under inspecting department. 
 
 § 13. If any dairyman not operating under an inspecting department desires to sell 
 milk he may tile with the state veterinaiian a written request that his cows be tuber- 
 culin tested. After the filing of such request, said dairyman shall not be liable under 
 the provisions of this act until such time as the state veterinarian shall be able to make 
 the required test. The provision of this section shall apply also to any dairyman, 
 operating under an inspecting department, if such inspecting department approves. 
 
 $ 14. The following score card shall be used in scoring dairies under the provisions 
 of this act: 
 
 DAIRY FARM SCORE CARD OF THE UNITED STATES BUREAU OF ANIMAL, INDUSTRY, 
 r A«s anmoved bv the bureau for use under California conditions.] 
 •■ ^^ DAIRY FARM SCORE CARD. 
 
 f- — Score- 
 jPer- Al- 
 
 fect 
 6 
 
 lowed 
 
 r — Score — ^ 
 Per- Al- 
 fect lowed 
 
 COWS. 
 
 Equipment 
 
 Health 
 
 Apparently in good health... 1 
 If tested with tuberculin 
 within a year and no tu- 
 berculosis is found, or if 
 tested within six months 
 and all reacting animals 
 
 removed " 
 
 If tested within a year and 
 reacting animals are found 
 
 and removed 3 
 
 Food (clean and wholesome) 1 
 
 Water (clean and fresh) 1 
 
 STABLES. 
 
 Location of stable •• 2 
 
 Well drained 1 
 
 Free from contaminating sur- 
 roundings 1 
 
 Construction of stable 4 
 
 Tight, sound floor and proper 
 
 gutter 2 
 
 Smooth, tight walls and ceil- 
 ing 1 
 
 Proper stall, tie, and manger. 1 
 Provisions for light: Four square 
 
 feet of glass per cow 4 
 
 (Three square feet of glass or 
 four square feet of opening, 
 3; two square feet of glass or 
 three square feet of opening, 
 2; one square foot of glass, 1. 
 Deduct for uneven distribu- 
 tion.) 
 Bedding, or clean pasture for bed 1 
 
 Ventilation •• " 
 
 Ventilators in roof 2 
 
 Windows hinged at bottom.. 2 
 (Sliding windows, 1.5; other 
 
 openings, 1.) 
 Cubic feet of space per cow, 
 
 500 feet 3 
 
 (Less than 500 feet, 2; less than 
 400 feet, 1; less than 300 feet, 
 0.) 
 
 UTENSILS. 
 Construction and condition of 
 
 utensils J 
 
 Water for cleaning 1 
 
 (Clean, convenient and abun- 
 dant.) 
 
 Small-top milking pail 5 
 
 Milk cooler 1 
 
 Clean milking suits 1 
 
 MILK ROOM OR RHLK HOUSE. 
 Location: Free from contaminat- 
 ing surroundings 1 
 
 Construction of milk room 2 
 
 Floor, walls, and ceiling 1 
 
 Light, ventilation, screens... 1 
 Separate rooms for wasliing uten- 
 sils and handling milk 1 
 
 Facilities for steam 1 
 
 (Hot Water, 0.5) 
 
 Total 40 
 
 Equipment+Methods=Flnal Score. 
 
 NOTE 1.— If any exceptionally filthy condition is found, particularly dirty utensils, the total 
 score may be further limited. 
 
 NOTE 2. If the water is exposed to dangerous contamination, or there is evidence of the 
 
 presence of a dangerous disease in animals or attendants, the score shall be 0. 
 
 COWS. 
 
 Methods 
 
 Clean 
 
 (Free from visible dirt, 6.) 
 STABLES. 
 
 Cleanliness of stables 
 
 Floor 2 
 
 Walls 1 
 
 Ceiling and ledges 1 
 
 Mangers and partitions 1 
 
 Windows 1 
 
 Stable air at milking time 
 
 Freedom from dust 3 
 
 Freedom from odors 2 
 
 Cleanliness of bedding 
 
 Barnyard 
 
 Clean 1 
 
 Well drained 1 
 
 Removal of manure dally to 50 
 
 feet from stable 
 
 MILK ROOM OR MILK HOUSE. 
 
 Cleanliness of milk room 
 
 UTENSILS AND MILKING. 
 Care and cleanliness of utensils.. 
 
 Thoroughly washed 2 
 
 Sterilized in steam for 15 
 
 minutes 3 
 
 (Placed over steam jet, or 
 scalded with boiling water, 2.) 
 Protected from contamina- 
 tion 3 
 
 Cleanliness of milking 
 
 Clean, dry hands 3 
 
 Udders washed and wiped... 6 
 (Udders cleaned with moist 
 cloth, 4; cleaned with dry 
 cloth or brush at least 15 
 minutes before milking, 1.) 
 HANDLING THE MILK. 
 Cleanliness of attendants in milk 
 
 room 
 
 Milk removed immediately from 
 stable without pouring from 
 
 pail 
 
 Cooled immediately after milking 
 
 each cow 
 
 Cooled below 50° F , 
 
 (51° to 55°, 4; 56° to 60°, 2.) 
 
 Stored below 50° F 
 
 (51° to 55°, 2; 56° to 60°, 1.) 
 
 Transportation below 50° F , 
 
 (51° to 55°, 1.5; 56° to 00°, 1.) 
 (If delivered twice a day, allow 
 perfect score for storage and 
 transportation.) 
 
 Total 
 
 60 
 
 il
 
 529 DAIRIES. Act 1172, §§ 1-3 
 
 Stats. 1915, p. 1478, repealed. 
 
 § 15. The purpose of this act is to amend and supersede an act entitled "An act to 
 prevent the sale of impure and unwholesome milk, to grade milk, to provide rules and 
 regulations therefor, and to empower cities, groups of cities, counties and groups of 
 counties, or cities and counties, to establish inspection service; to provide for the 
 enforcement of this act; to prescribe penalties for violation of the provisions hereof; 
 and to make an appropriation therefor, ' ' which is hereby repealed. 
 
 Higher percentage of solid content. — A the act of 1907 (Stats. 1907, p. 265; ante, 
 
 municipal ordinance of Los Angeles, requir- Act 36), does not for that reason conflict 
 
 ing vended milk to have a percentage of with that act. — In re Hoffman, 155 Cal. 114, 
 
 solid content higher than that required by 132 Am. St. Rep. 75, 99 Pac. 517. 
 
 IMITATION MILK. 
 
 ACT 1172 — An act to define imitation milk and to regulate the business of producing, 
 
 buying or selling imitation milk or imitation milk products, providing for the licensing 
 
 of said business by the state dairy bureau, and prescribing penalties for a violation 
 
 or the provisions hereof, and repealing aU acts or parts of acts inconsistent herewith. 
 
 History: Approved April 15, 1919. In effect July 22, 1919. Stats. 
 1919, p. 89. 
 
 Imitation milk defined. 
 
 $ 1. For the purposes of this act certain manufactured substances, certain mixtures 
 and compounds shall be known and designated as "imitation milk," namely: (a) any 
 mixture or compound composed of skim milk or condensed, evaporated or powdered 
 skim milk and any edible oil or fat other than natural milk fat, whether with or with- 
 out any other ingredient or ingredients; (b) any mixture or compound made in imita- 
 tion or semblance, or having the appearance or semblance, of milk or condensed or 
 evaporated milk, or when so made or having such appearance or semblance calculated 
 or intended, whether by intent of the compounder or other person, or by reason of the 
 appearance or other characteristic of the mixture or compound, for use or disposition as 
 or for milk, or as or for condensed or evaporated milk, or to induce its purchase, or use 
 as or for milk or condensed or evaporated milk. 
 
 Manufacture and sale of imitation milk. 
 
 § 2. No person by himself, his agents or servants shall render, manufacture, sell, 
 offer for sale, expose for sale, or have in his possession with intent to sell or to use, 
 or to serve to patrons, customers, boarders or inmates of any hotel, dwelling-house, 
 restaurant, public conveyance or boarding house, any article, product or comj^ound 
 made wholly or in part, out of any imitation milk; provided, that nothing in this section 
 shall be construed to prohibit the manufacture or sale, under regulations hereinafter 
 provided, of imitation milk, of substances or compounds that may be used as imitation 
 milk, of a separate and distinct character not resembling milk or condensed or evapo- 
 rated milk, and in such a manner as will advise the purchaser and consumer of its real 
 character, colored or containing ingredients that cause to look unlike pure whole cow's 
 milk or the condensed or evaporated product made therefrom; and provided, further, 
 it is not adulterated within the meaning of this act; and provided, further, that nothing 
 in this act shall be construed to prevent or prohibit the manufacture, sale, or use, for 
 cooking purposes, of imitation milk as defined by section one of this act. 
 
 Imitation milk to be labeled. 
 
 $ 3. Each person, who by himself, or another, lawfully manufactures any imitation 
 milk, or any substitute that may be used as and substituted for milk or condensed or 
 evaporated milk, shall mark the same by printing, stamping or stenciling upon the top, 
 if the top be of sufficient size and upon the sides of each case, box, carton, or other 
 package, in which that article or substance shall be kept, and in which it shall be 
 
 Gen. Laws — 34
 
 .Vet 1172, §§ 4-6 GENERAL, LAW S, 530 
 
 removed from the place where it is produced or put up in a clear manner, in the En^/lish 
 language, the words, "imitation milk," in printed letters in plain roman type, each of 
 which shall not be less than one inch in height and one-half inch in width, and in addi- 
 tion to the above shall prepare a statement, printed in plain roman type, of a size not 
 smaller than pica, stating in the English language its name, and the name and address 
 of the manufacturer, the name of the place where manufactured or put up, and also th'e 
 name and actual percentages of the various ingredients used in the manufacture of such 
 imitation milk ; and shall place a copy of said statement within and upon the contents 
 of each case, box, carton, or other package, and next to that portion of each case, box, 
 carton, or other package as is commonly and most conveniently opened, and in addition 
 thereto shall label each bottle, can, container, or other package containing imitation 
 milk with the words "imitation milk" printed in black-face plain roman capital letters 
 of a size not less than twelve point, and said words shall appear upon the main or 
 principal label of said bottles, cans, containers, or other packages containing any 
 imitation milk, and in addition thereto said main or principal label shall contain or 
 bear the words: "Not suitable for infant food," in plain legible type. 
 
 Adulteration. 
 
 § 4. Imitation milk, not condensed or evaporated, shall be deemed adulterated within 
 the meaning of this act if it contains less than three per cent of edible fats, or oils, and 
 imitation milk, if evaporated or condensed, shall be deemed adulterated within the 
 meaning of this act if it contains less than seven and eight-tenths per cent of edible 
 fats or oils. 
 
 Display of sign by restaurants, etc. 
 
 § 5. No keeper or proprietor of any bakery, hotel, boarding house, restaurant, saloon, 
 lunch counter, or any place of public entertainment, and no person having charge 
 thereof, or employee thereat, and no employer when such board is furnished as compen- 
 sation, or part of the compensation of any employee, shall place before any patron or 
 employee for use as food, any imitation milk, unless there shall be displayed in a 
 prominent place in said bakery, hotel, boarding house, restaurant, saloon, lunch counter, 
 or other place of public entertainment in each room where meals are served, a sign 
 bearing the words: "Imitation milk used and served here," in black-faced letters and 
 not less than four inches in length upon a white ground. 
 
 License for manufacture and sale of imitation milk. Licenses issued annually. Fee. 
 § 6. No person, firm or corporation shall engage in the business or occupation of 
 manufacturing, selling, dealing, or in furnishing imitation milk, without first having 
 applied for and obtained a license so to do as hereinafter provided. Any person, firm 
 or corporation dealing in or engaged in the business or occupation of manufacturing, 
 selling, dealing in or furnishing to his, its or their patrons, imitation milk, as in this act 
 defined shall first make application each year to the state dairy bureau for a license, 
 and upon payment of license fee of the amount mentioned herein to the state dairy 
 bureau, said bureau shall issue to the applicant a license. All such licenses shall contain 
 the following proviso ; provided, that this license does not authorize the holder thereof to 
 manufacture, sell, deal in or furnish any imitation milk and similar substances that 
 may be used as a substitute for milk or condensed or evaporated milk which resembles 
 in appearance pure whole cow's milk, or the condensed or evaporated product made 
 therefrom. All such licenses shall expire on June thirtieth of each year, and may be 
 issued in periods of one yeax or less than one year, on payment of a proportionate part 
 of the license fee, provided that no license shall be issued for a period of less than 
 three months. The fee for issuing said license to said manufacturers, of any of the 
 said substances within this state shall be one hundred dollars; for issuing to wholesale
 
 531 OAIRIiiS. Ac-t 117:.*, §§ 7-» 
 
 dealers in', or importers or ageuts for importers, of any of said substances the fee shall 
 be fifty dollars; for issuing to retail dealers in any of said substances the fee shall be 
 five dollars ; and for issuing to the keeper of any hotel, restaurant, boarding house, and 
 any other place where meals are served and payment is received therefor, either imme- 
 diately or by the day, week or month, the fee shall be two dollars. The term ' * wholesale 
 dealer" as used in this section includes all persons, firms or corporations who sell any 
 of said substances in quantities of one full ease or more at a time or in the same trans- 
 action. The term "retail dealer" includes all persons who sell only in quantities less 
 than one ease. All licenses while in force shall be kept conspicuously displayed in the 
 places of business of the party or parties to whom they have been issued. 
 
 It shall be unlawful for any person, firm or corporation to manufacture, buy, sell, deal 
 in or furnish to his, its or their patrons, or to have in their possession, for any pm-pose 
 whatsoever other than for consumption in his own family, or for transportation in case 
 of a boat or railroad company, or for the purpose of storage in case of a warehouse oi 
 cold storage company, any imitation milk or similar substance designed to be used at 
 a substitute for milk or for condensed or evaporated milk without having first applied 
 for and obtained from the state dairy bureau of the state of California a license herein 
 required. 
 
 Penalty. 
 
 ^ 7. Any person, firm or corporation found guilty of violating any of the provisions 
 of this act shall be punished by a fine of not less than fifty dollars, nor more than five 
 hundred dollars, or by imprisonment in the county jail for not less than thirty days 
 nor more than six months, or by both such fine and imprisonment. 
 
 Enforcement. 
 
 ^ 8. It shall be the duty of the state dairy bureau, now existing under the laws of 
 this state, to enforce the provisions of this act; provided, that nothing in this act shall 
 be construed to prevent any city or county or state board of health or other city or 
 county official from enforcing the provisions of this act. 
 
 Repealed. 
 
 § 9. All acts and parts of acts inconsistent with the provisions of this act are 
 hereby repealed. 
 
 DAIRY BUREAU. 
 
 See tit. "State Dairy Bureau." 
 
 DALY CITY. 
 
 See Act 3094, note. 
 
 DAVIS. 
 
 See Act 3094, note. 
 
 CHAPTER 84. 
 
 DEADLY WEAPONS. 
 
 References: Arrested person, taking from, see Kerr's Cyc. Penal Code, §846. 
 Assault with, see Kerr's Cyc. Penal Code, § 245. 
 Assault with, by prisoner, see Kerr's Cyc. Penal Code, § 246. 
 
 Bringing into jail, state prison, or reformatory, see Kerr's Cyc. Penal Code, § 171a. 
 Exhibiting in rude, etc., manner, see Kerr's Cyc. Penal Code, §417. 
 Possession of with intent to assault, see Kerr's Cyc. Penal Code, § 467. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1181. Eegistration of Pubchasebs off Pistols. 
 1182. Concealed Weapons Act.
 
 Acts lib!, lis::, gg 1-3 GENERAL LAWS. 5Ua 
 
 REGISTRATION OF PURCHASERS. 
 ACT 1181 — An act providing for the registration of the purchasers of pistols; and 
 providing for the punishment of dealers neglecting to register such purchasers. 
 History: Approved March 6. 1909, Stats. 1909, p. 163. 
 
 Registration required. 
 
 ^ 1. Every person engaged in the business of selling at retail pistols shall keep a 
 register in which shall be entered the name, age, occupation and residence (if residing 
 in a city then the street number of such residence) of each and every purchaser of such 
 pistols, together with the number or other mark of identification if any on such pistol, 
 which said register shall be open to the inspection of all peace oflScers at all times. 
 
 Penalty. 
 
 $ 2. Every person violating any of the provisions of this act shall be deemed guilty 
 of a misdemeanor and shall on conviction be fined a sum not to exceed fifty dollars or 
 in default of the payment of said fine shall be imprisoned in the county jail not to 
 exceed one day for each two dollars of said fine. 
 
 Superseded. — This act was probably superseded by the act of 1917. — See, post, Act 1182. 
 
 CONCEALED WEAPONS. 
 ACT 1182 — An act relating to and regulating the carrying, possession, sale or other 
 disposition of firearms capable of being concealed upon the person; prohibiting the 
 possession, carrying, manufacturing and sale of certain other dangerous weapons 
 and the giving, transferring and disposition thereof to other persons within this state; 
 providing for the registering of the sales of firearms; prohibiting the carrying or 
 possession of concealed weapons in municipal corporations; providing for the destruc- 
 tion of certain dangerous weapons as nuisances and making it a felony to use or 
 attempt to use certain dangerous weapons against another. 
 
 History: Approved May 4, 1917. In effect July 27, 1917. Stats. 
 1917, p. 221. 
 
 Manufacture, etc., of certain dangerous weapons misdemeanor. 
 
 § 1. Ever}' person who manufactures or causes to be manufactured, or leases, or 
 keeps for sale, or offers, or gives, or otherwise disposes of any instrument or weapon 
 of the kind commonly known as a blackjack, slungslot, billy, sandclub, sandbag, bludg- 
 eon, or metal knuckles, a dirk or dagger, to any person within this state is guilty of 
 a misdemeanor, and if he has been previously convicted of a crime made punishable by 
 this section, he is guilty of a felony. 
 
 Possession of certain dangerous weapons misdemeanor. 
 
 § 2. Every person who possesses any instrument or weapon of the kind commonly 
 known as a blackjack, slungslot, billy, sandclub, sandbag, bludgeon, metal knuckles, 
 bomb or bombshells, or who carries a dirk or dagger, is guilty of a misdemeanor, and 
 if he has been convicted previously of any felony or of a crime made punishable by 
 this act, he is guilty of a felony. 
 
 Carrying firearms without license misdemeanor. 
 
 ^ 3. Every person who carries in any city, city and county, town or municipal corpo- 
 ration of this state any pistol, revolver, or other firearm concealed upon his person, 
 without having a license to carry such firearm as hereinafter provided in section six of 
 this act, shall be guilty of a misdemeanor, and if he has been convicted previously of 
 any felony, or of any crime made punishable by this act, he is guilty of a felony. 
 
 I
 
 533 DEADLY WEAPONS. Act 1182, §§ 4-7 
 
 Unlawful possession of weapon, etc., nuisance. Surrender of weapons, etc. Destruction 
 
 of weapons, etc. 
 
 $ 4. The unlawful possession or carrying of any of the instruments, weapons or 
 firearms enumerated in section one to section three inclusive of this act, by any person 
 other than those authorized and empowered to carry or possess the same as hereinafter 
 provided, is a nuisance, and such instruments, weapons or fii'earms are hereby declared 
 to be nuisances, and when any of said articles shall be taken from the possession of any 
 person the same shall be surrendered to the magistrate before whom said jjerson shall 
 be taken, except that in any city, city and county, town or other municii^al corporation 
 the same shall be surrendered to the head of the police force, or police department 
 thereof. The officers to whom the same may be so surrendered, except upon certificate 
 of a judge of a court of record, or of the district attorney of any county that the pres- 
 ervation thereof is necessary or proper to the ends of justice, shall proceed at such 
 time or times as he deems proper, and at least once in each year to destroy or cause 
 to be destroyed such instruments, weapons or other firearms in such manner and to such 
 extent that the same shall be and become wholly and entirely ineffective and useless for 
 the pui'pose for which it was manufactured. 
 
 Attempted use of weapons felony. 
 
 5 5. Any person who attempts to use, or who with intent to use the same unlawfully 
 against another, carries or possesses a dagger, dirk, dangerous knife, razor, stiletto, or 
 any loaded pistol, revolver or other firearm, or any instrument or weapon commonly 
 known as a blackjack, slungslot, billy, sandelub, sandbag, metal knuckles, bomb, or 
 bombshell or any other dangerous or deadly instrument or weapon, is guilty of a felony. 
 The carrying or possession of any of the weapons specified in this section, by any 
 person while committing, or attempting or threatening to commit a felony, or breach of 
 the peace, or any act of violence against the person or property of another, shall be 
 presumptive evidence of carrying or possessing such weapon with intent to use the 
 same in violation of this section. 
 
 License to carry concealed firearm. 
 
 $ 6. Jt shall be lawful for the board of police commissioners, chief of police, city 
 marshal, town marshal, or other head of the police department of any city, city and 
 county, town, or other municipal corporation of this state, upon proof before said board, 
 chief, marshal or head, that the person applying therefor is of good moral character, 
 and that good cause exists for the issuance thereof, to issue to such person a license 
 to carry a concealed pistol, revolver or other firearm ; provided, however, that the appli- 
 cation to carry concealed such firearm shall be filed in writing and shall state the name 
 and residence of the applicant, the nature of the applicant's occupation, the business 
 address of applicant, the nature of the weapon sought to be carried and the reason for 
 the filing of the application to carry the same. 
 
 Register of sales of firearms. Duplicate sheet mailed to police. Violation misdemeanor. 
 
 ^ 7. Every person in the business of selling, leasing or otherwise transferring a 
 pistol, revolver or other firearm, of a size capable of being concealed upon the person, 
 whether such seller, leaser or transferrer is a retail dealer, pawnbroker or otherwise, 
 except as hereinafter provided, shall keep a register in which shall be entered the time 
 of sale, the date of sale, the name of the salesman making the sale, the place where sold, 
 the make, model, manufacturer's number, caliber or other marks of identification on 
 such pistol, revolver or other firearm. Such register shall be prepared by and obtained 
 from the state printer and shall be furnished by the state printer to said dealers on 
 application at a cost of three dollars per one hundred leaves in duplicate and shall bo 
 in the form hereinafter provided. The purchaser of any firearm, capable of being con-
 
 Act 1182, §7 GEXKRAI. LAWS. 534 
 
 cealed upon the person shall sign, and the dealer shall require him to sign his name and 
 affix his address to said register in duplicate and the salesman shall affix his signature 
 in duplicate as a witness to the signatures of the purchaser. Any person signing a 
 fictitious name or address is guilty of a misdemeanor. The duplicate sheet of such 
 register shall on the evening of the day of sale, be placed in the mail, postage prepaid 
 and properly addressed to the board of police commissioners, chief of police, city mar- 
 shal town marshal or other head of the police department of the city, city and county, 
 town or other municipal corporation wherein the sale was made; provided, that where 
 the sale is made in a district where there is no municipal police department, said dupli- 
 cate sheet shall be mailed to the county clerk of the county wherein the sale is made. 
 A violation of any of the provisions of this section by any person engaged in the busi- 
 ness of selling, leasing or othei-wise transferring such firearms is a misdemeanor. This 
 section shall not apply to wholesale dealers in their business intercourse with retail 
 dealers, nor to wholesale or retail dealers in the regular or ordinary transportation of 
 unloaded fireanns as merchandise by mail, express or other mode of shipment, to points 
 outside of the city, city and count}', town or municipal corporation wherein they are 
 situated. The register provided for in this act shall be substantially in the following 
 form: 
 
 Form of register. 
 
 Series No 
 
 Sheet No 
 
 ORIGINAL. 
 
 Dealers' Record of Sale of Revolver or Pistol. State of California. 
 Notice to dealers: This original is for your files. If spoiled in making out, do not 
 destroy. Keep in books. Fill out in duplicate. 
 
 Carbon duplicate must be mailed on the evening of the day of sale, to head of police 
 commissioners, chief of police, city marshal, town marshal or other head of the police 
 department of the municipal corporations wherein the sale is made, or to the county 
 clerk of vour county if the sale is made in a district where there is no municipal police 
 department. Violation of this law is a misdemeanor. Use carbon paper for duplicate. 
 Use indelible pencil. 
 
 Sold by Salesman 
 
 City, town or township 
 
 Description of arm (state whether revolver or pistol) 
 
 Maker number caliber 
 
 Name of purchaser age years. 
 
 Permanent residence (state name of city, town or township, street and number of 
 
 dwelling) 
 
 Height feet inches. Occupation 
 
 Color skin eyes hair 
 
 If traveling or in locality temporarily, give local address 
 
 Signature of purchaser 
 
 (Signing a fictitious name or address is a misdemeanor.) (To be signed in duplicate.) 
 
 Witness > salesman. 
 
 (To be signed in duplicate.) 
 
 Series No 
 
 Sheet No 
 
 DUPLICATE. 
 
 Dealers* Record of Sale of Revolver or Pistol. State of California. 
 
 Notice to dealers; This carbon duplicate must be mailed on the evening of the day
 
 5S» DEADLY WEAPONS. Act 11S2, §§ 8, 
 
 of sale as set forth in tbe original of this register page. Violation of this law is a 
 misdemeanor. 
 
 Sold by Salesman 
 
 City, toAvn or township 
 
 Description of arm (state whether revolver or i^istol) 
 
 Maker number caliber 
 
 Name of purchaser age years. 
 
 Permanent address (state name of city, town or townshij^, street and number of dwell- 
 ing) 
 
 Height feet inches. Occupation 
 
 Color skin eyes hair 
 
 If traveling or in locality temporarily, give local address 
 
 Signature of purchaser 
 
 (Signing a fictitious name or address is a misdemeanor.) (To be signed in duplicate.) 
 
 Witness , salesman. 
 
 (To be signed in duplicate.) 
 
 Exceptions. 
 
 $ 8. Nothing in this act shall be construpd to apply to sheriffs, constables, marshals, 
 policemen or other duly appointed peace officers, nor to any person summoned by any 
 such officers to assist in making arrest or preserving the peace while said person so 
 summoned is actually engaged in assisting such officer; nor to duly authorized military 
 or civil organizations while parading nor to the members thereof when going to and 
 from the places of meeting of their respective organizations; nor to the possession 
 or transportation by any merchant of unloaded firearms as merchandise; nor to bona 
 fide members of any club or organization now existing or hereinafter organized, for the 
 purpose of practicing shooting at targets upon established target ranges, whether public 
 or private, while such members are using any of the firearms referred to in this act 
 upon or in such target ranges, or while going to and from such ranges. 
 
 C onstitutionality. 
 
 $ 9. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act and each section, subsection, sentence, clause and phrase thereof, irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses 
 or phrases be declared unconstitutional. 
 
 1. Constitutionality — Reasonable police ment. — People v. Smith, 36 Cal. App. S8, 171 
 regulation. — Section 3 of tlie act relating- to Pac. 69G. 
 
 carrying of concealed weapons in a munic- 4. Same — Invalidity not considered. — The 
 
 ipality is a reasonable police regulation, question of the invalidity of the second sen- 
 
 and is not unconstitutional. — People v. tence of section 5 of the act of 1917, relating 
 
 Smith, 36 Cal. App. 88, 171 Pac. 696. the effect of certain facts as presumptive 
 
 2. Same — Class legrislation. — The act op- evidence, is not considered, but even if in- 
 erates uniformly upon all persons in the valid, its invalidity would not render the 
 same category, and there is a reasonable provision void. — In re Dare, 176 Cal. 83, 16S 
 basis for the classification, whereby persons Pac. 19. 
 
 previously convicted of a felony are punished 5. The first sentence of section 5 of the 
 
 more heavily than one who has sustained no act of 1917 (1917-221) is a valid exercise of 
 
 prior conviction. — People v. Smith, 36 Cal. the legislative power. — In re Dare, 176 Cal. 
 
 App. 88, 171 Pac. 696. 83, 168 Pac. 19. 
 
 3. Same — Ex post facto la%v. — The law G. Carrylns concealed weapons. — Not a 
 is not ex post facto because it authorizes municipal affair, and prevention is always a 
 the offender's past conduct to be taken into proper subject for state legislation. — People 
 account in the graduation of the punish- v. Smith (Cal. App.), 171 Pac. 696.
 
 Act«llS5-ll«» GENKRAL LAWS. 530 
 
 CHAPTER 85. 
 
 DEAF, DUMB, AND BLIND ASYLUM. 
 
 References: California school for the deaf and dumb, see Kerr's Cyc Political Code, 
 SS 2236, et acq. 
 County relief for needy blind, see tit. "Blind." 
 
 Industrial home for the adult, see Kerr's Cyc. Political Code, §§2207, et seq. 
 Pensions for teachers in California school for deaf and dumb, see tit. "Pensions." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1185. Bequests op Money and Property. 
 
 1186. "Water Supply. 
 
 1187. Removal op Fence to Permit the Use op the Public Highway. 
 
 1188. Manual and Industrial Arts Building Authorized. 
 
 1189. Separation of the Deaf and Blind Departments. 
 
 1190. Eeaders for Blind Students. Attendance of Students at National College 
 
 FOR Deaf. 
 
 1191. Removal of Fence to Allow Use of Certain Land as Highway. 
 
 BEQUESTS AND DONATIONS OF MONEY AND PROPERTY. 
 ACT 1185 — An act to confer certain powers upon the directors of the deaf, dmuh and 
 blind asylum. 
 
 History: Approved April 1, 1876, Stats. 1875-76, p. G86. 
 
 The act empo^vcrcd the directors to receive and invest money and property bequeathed 
 and donated to the asylum. 
 
 WATER SUPPLY. 
 
 ACT 1186 — An act to provide a supply of water for the university, and for the asylum 
 
 for the deaf, dumb, and blind. 
 
 History: Approved April 1, 1876, Stats. 1875-76, p. 816. 
 
 Thla act provided for the condemnation of commissioners, is not operative without the 
 
 certain springs and rights of way. concurrence of the governor with the ap- 
 
 1. .\%vard of coniniis.sious did not become praisal. — Berryman v. Perkins, 55 Cal. 483. 
 a final judgment under the act until after 3. DIandamu.s. — The court can not control 
 Its approval and confirmation by the gov- the discretion of the governor in a matter 
 ernor. — People v. Pfeiffer, 59 Cal. 89. Avhich is confided to it by the act, or deter- 
 
 2. Condemnation of springs and lands mine his decision by mandamus. — Berryman 
 for ricrht of way. — Under the act the ap- v. Perkins, 55 Cal. 483. 
 
 praisal by the superior court, a jury or 
 
 REMOVAL OF FENCE TO PERMIT THE USE OF THE PUBLIC HIGHWAY. 
 
 ACT 1187 — An act to authorize certain improvements upon the grounds and streets 
 
 adjacent to the grounds of the California Institution for the Deaf and Blind, at 
 
 Berkeley, California, and making an appropriation therefor. 
 
 History: Approved April 10, 1911, Stats. 1911, p. 845. 
 
 See .\ct imi on similar subject. that certain property could be used as a 
 
 ThiH act authorized the directors to move public highway'. 
 the fence on the southern boundary line so 
 
 MANUAL AND INDUSTRIAL ARTS BUILDING. 
 ACT 1188 — An act to provide for the erection and ectuipment of a building at the 
 California Institution for the Deaf and Blind at Berkeley, to be used for instruction 
 in manual and industrial arts, and to make an appropriation therefor. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 12'56. 
 Thin act appropriated sixty thousand dollars for the purpose indicated. 
 
 SEPARATION OF DEAF AND BLIND DEPARTMENTS. 
 ACT 1189 — An act to provide for the separation of the deaf and the blind departments 
 in the California School for the Deaf and the Blind. 
 
 History: Approved April 1, 1915. In effect August 8, 1915. Stats. 
 191o, p. 20.
 
 837 DEAF, DUMB, AXD BLIND. Acts 1180, 1101, § 1 
 
 Separation of deaf and blind departments. 
 
 $ 1, The board of directors of the California School for the Deaf and the Blind are 
 hereby authorized and empowered, with a view to the separation of the departments 
 of the deaf and the blind in said school, to select and purchase as soon as the necessary 
 funds for said purpose shall have been approjjriated, and subject to the approval of the 
 state board of control, a suitable tract of land for the purpose of effecting said 
 separation. 
 
 READERS FOR BLIND STUDENTS. ATTENDANCE OF STUDENTS AT 
 NATIONAL COLLEGE FOR DEAF. 
 ACT 1190 — An act to provide readers for blind students in the University of Califor- 
 nia, and to assist deaf students attending the National College for the Deaf at 
 Washington, D. C, and making an appropriation therefor. 
 
 History: Approved June 9, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1329. 
 
 Appropriation: readers for blind students. Expenses of deaf students. 
 
 § 1. The sum of three thousand dollars, or so much thereof as may be necessary, is 
 hereby appropriated out of any moneys in the state treasury not otherwise appropri- 
 ated, to be expended under the supervision of the board of directors of the California 
 School for the Deaf and the Blind, during the biennial period ending June 30, 1917, in 
 providing readers for blind persons who shall be residents of the State of California 
 and graduates of the California School for the Deaf and the Blind, and who shall 
 regularly matriculate in, and work for a degree in the University of California; and 
 in defraying the expenses of deaf persons who shall be citizens of the State of Califor- 
 nia, and graduates of the California School for the Deaf and the Blind, taking a col- 
 legiate course of instruction in the National College for the Deaf at Washington, D. C. ; 
 provided, however, that no more than three hundred dollars shall be expended for any 
 one student during any one school year. 
 
 REMOVAL OF FENCE, ETC. 
 
 ACT 1191 — An act to authorize certain improvements upon the grounds of the Califor- 
 nia School for the Deaf and Blind at Berkeley, California. 
 
 History: Approved May 17, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 578. 
 
 Fences on grounds of California School for Deaf and Blind. 
 
 § 1. The directors of the California School for the Deaf and Blind are hereby 
 authorized to remove the present fence on the grounds of said school, which extends 
 thirty feet across the eastern terminus of Derby street, and also the fence which extends 
 a distance of one hundred twenty-four and sixty-five one-hundredths feet from said 
 terminus along Tanglewood road, as said street and road are delineated upon a map 
 entitled, "plat of Tanglewood road opening, Berkeley, California," filed in the office of 
 the county recorder of Alameda county on the third day of April, one thousand nine 
 hundred sixteen, and recorded in liber fourteen of maps, page twenty-five, and to replace 
 said fence along a line described as follows : 
 
 Commencing at the point of intersection of the northerly line of Derby street and the 
 easterh' line of Belrose avenue extended northerly, as said street and avenue are delin- 
 eated on said plat of Tanglewood road opening, Berkeley, California; thence easterly 
 parallel to the southerly line of plot seventy-eight, as said plot is shown and designated 
 upon Kellersberger 's map of rancho of Vicente and Domingo Peralta, and filed in the 
 office of the county recorder of Alameda county, a distance of eighteen and five-tenths 
 feet; thence along a circular are of two hundred two and ninety-four one-hundredths 
 feet radius easterly and southerly to its intersection with the said southerly line of plot
 
 Act 1206, §§ 1-4 CENKKAI. LAWS. OJiS 
 
 seventy-eight at a point distant therein easterly one hundred twenty-four and sixty-five 
 one-hundredths feet from the intersection of the easterly line of Belrose avenue and 
 the said southerly line of plot seventy-eight, in order that the following described 
 triangular piece of land may be used as a public highway: 
 
 Beginning at the intersection of the eastern line of Belrose avenue with the dividing 
 line between plot seventy-seven and plot seventy-eight as shown upon said Kellersber- 
 ger's map of rancho of Vicente and Domingo Peralta, and running thence northerly 
 along the said eastern line of Belrose avenue thirty feet; thence easterly parallel to 
 the southern line of said plot seventy-eight, a distance of eighteen and five-tenths feet; 
 thence along a circular arc of two hundred two and ninety-four one-hundredths feet 
 radius easterly and southerly to its intersection with the said southern line of plot 
 seventy-eight at a point distant therein easterly one hundred twenty-four and sixty-five 
 one-hundredths feet from the point of beginning; thence westerly in a straight line to 
 the point of beginning; being a portion of said plot seventy-eight and containing 
 six-hundredths acre, more or less. 
 
 See Act 11S7 on similar subject. 
 
 DEATH. 
 
 See tit. "Vital Statistics." 
 (Action for death, see Kerr 's Cyc, Code Civil Procedure, $ 377.) 
 
 DEBRIS COMMISSION. 
 See tits. "Mines and Mining"; "State Engineering." 
 
 CHAPTER 86. 
 
 DEEDS. 
 
 References: Acknowledgments of deeds, see tit. "Acknowledgements." 
 Deeds referring to defective maps, see tit. "Maps." 
 
 CONTENTS OF CHAPTER. 
 ACT 1206. Conveyances by Persons With Changed Names. 
 
 ACT 1206 — An act relating to conveyances of real estate. 
 
 History: Approved March 11, 1874, Stats. 1873-74, p. 345. 
 
 Set forth name. 
 
 $ 1. Any person in whom the title of real estate is vested, who shall afterwards, from 
 any cause, have his or her name changed, shall, in any conveyance of said real estate 
 so held, set forth the name in which he or she derived title to said real estate. 
 
 Index of grantors. 
 
 § 2. All conveyances of real estate, except patents issued by the state as a party 
 made by any public oflficer pursuant to any law of this state, shall, when recorded by 
 the county recorder, be by him alphabetically indexed in the "Index of Grantors," 
 both in the name of the ofl&eer making such sale, and in the name of the person owning 
 the property so sold. 
 
 Title name. 
 
 § 3. It is hereby made the duty of all county recorders to alphabetically index, in 
 the "Index of Grantors," both in the name by which title was acquired, and also by 
 which the same was conveyed, all conveyances referred to in section one of this act. 
 
 § 4. This act shall be in force from and after its passage. 
 
 1. Code commiMsioner's note: "Section 1 This advice does not seem to have been 
 
 of the statute of 1873-74, p. 345, relating to followed, and §§ 2 and 3 are apparently still 
 
 conveyances of i-eal estate, is codified in the in force. As to § 1, see Kerr's Cyc. Civil 
 
 above section. The rest of the statute Code, S 1096. 
 
 should be added to the Political Code." 2. Construction of act. — The act was in-
 
 539 DENTISTRY. Acts 1211, 1220 
 
 tended for such cases as that of a married 3. Title acquired In other than real 
 
 woman conveying land to which she ac- name of grantee. — If a person chooses to 
 quired title before her marriage, or of a take the title to real estate in a name other 
 man whose name has been changed by law, than his true name, so far as that property 
 conveying property the title to which was is concerned, he has assumed the name in 
 invested in him prior to such change of which he takes title, as his true name, and 
 name; but it does not apply to a case where, he may be sued so far as that title is con- 
 by an erroneous statement of the grantee's cerned by the name he thus assumes. — Rm- 
 name, he acquired title in other than his ery v. Kepp, 154 Cal. 83, 129 Am. St. Rep. 
 real name; and such error can not be cor- 141, 16 Ann. Gas. 792, 19 L. R. A. (N. S.; 
 rected by reciting the fact in a subsequent 983, 97 Pac. 17. 
 deed. — Peckham v. Stewart, 97 Cal. 147, 31 
 Pac. 928. 
 
 DELANO. 
 
 See Act 3094, note. 
 
 CHAPTER 87. 
 
 DEL NORTE COUNTY. 
 
 References: Boundary, see tit. "County Boundaries." 
 Boundary, see Kerr's Cyc. Political Code, § 3909. 
 Classification, see Kerr's Cyc. Political Code, §§ 4005c, 4006. 
 County government, see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 
 CONTENTS OF CHAPTER. 
 ACT 1211. Fence and Pound Districts. 
 
 FENCE AND POUND DISTRICTS. 
 
 ACT 1211 — An act to make applicable to Del Norte county an act entitled "An act in 
 
 relation to fence and pound districts in the county of Sonoma," approved March 
 
 second, A. D. eighteen hundred and seventy-two. 
 
 History: Approved March 23, 1875, Stats. 1875-76, p. 391. 
 
 1. Code commissioners' note as to orig- — See Kerr's Cyc. Political Code, § 4041, 
 inal acts "Superseded as to pounds by sub- subd. 14. 
 division 14, sec. 25, Co. Gov. Act 1897: 463." General fencs laws. — See tit. "Fences." 
 
 CHAPTER 88. 
 
 DENTISTRY. 
 
 References: Reproduction of register of board of dental examiners, see tit. "Burnt and 
 Destroyed Records." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1226. Practice of Dentistry Act of 1915. 
 
 1227. Office of State Dental Surgeon Created. 
 
 DENTAL PRACTICE ACT OF 1915. 
 ACT 1226 — An act to insure the better education of dental surgeons and to regulate 
 the practice of dentistry in the state of California providing penalties for the 
 violation hereof. 
 
 History: Approved May 21, 1915. In effect August 8, 1915. Stats. 
 1915, p. 698. Former acts: Act of March 12, 1885, Stats. 1885, p. 110; 
 amended March 3, 1893, Stats. 1893, p. 70; repealed by the act of 
 March 23, 1901, Stats. 1901, p. 564, which was amended March 20, 
 1903, Stats. 1903, p. 322; March 20, 1905, Stats. 1905, p. 430; March 6, 
 1907, Stats. 1907. p. Ill; April 6, 1909, Stats. 1909, p. 800; June 11, 
 1913. In effect August 10, 1913. Stats. 1913, p. 573; and superseded 
 though not in terms repealed by the present act. 
 
 The title of the act of 1901 referred expressly to the repeal of the 
 act of 1885. but in the body of the act was no express repeal. The 
 act of 1901 took effect September 1, 1901.
 
 Act 1220, §g 1-3 GENERAL LAWS. 540 
 
 License required to practice dentistry. 
 
 $ 1. It shall be unlawful for any person to engage in the practice of dentistry in 
 the State of California unless such person shall have obtained a license from the 
 board of dental examiners of the state of California, as hereinafter provided, except 
 that the license of any dentist, existing at the time of the passage of this act shall 
 continue in force until forfeited in the manner hereinafter provided and the annual 
 tax paid by any such dentist under the terms of the laws of the state of California 
 existing at the time of the passage of this act shall keep such license in force until 
 the expiration of the time for which the same was paid, and thereafter the holder 
 of such license shall be subject to the annual tax in this act provided. Nothing herein 
 contained shall be construed to exempt from the payment of the annual tax any 
 person authorized to practice dentistry in the state of California, and every person 
 practicing dentistry in this state shall irrespective of the time when he was licensed 
 or iirst had the right to lawfully practice dentistry in this state or elsewhere, pay 
 an annual tax of two dollars as hereinafter provided. 
 
 Board of dental examiners created. Term of of&ce. Vacancies. 
 
 $ 2. A board of dental examiners to consist of seven practicing dentists is hereby 
 created, to be known as the board of dental examiners of California, whose duty it 
 shall be to carry out the purposes and enforce the provisions of this act. The members 
 of this board shall be appointed by the governor of California, all of whom shall have 
 been actively and legally engaged in the practice of dentistry in the state of California, 
 for at least five years next preceding the date of their appointment, and none of whom 
 shall be members of the faculty of any dental college or dental department of any 
 medical college in the state of California, or shall have any financial interest in any 
 such college. The terra for which the members of said board shall hold office shall be 
 four years and until their successors are duly appointed and qualified. Their terms of 
 office shall be so classified that the terms of not more than two members shall expire 
 in any one year. The present members of the board of dental examiners of California 
 appointed under the provisions of the laws of this state in force at the time that this 
 law takes effect shall continue to serve and act as members of the said board, but 
 under the provisions of this act, during their respective terms or until their successors 
 are appointed and qualified. Vacancies occurring in the board of dental examiners 
 shall be filled by appointment by the governor, within thirty days after such vacancy 
 occurs. The governor shall have the power to remove from office at any time any 
 member of the board for continued neglect of duty required by this act, or for 
 incompetencj'^, unprofessional or dishonorable conduct. 
 
 President. Secretary. Meetings. Examination of applicants. 
 
 § 3. It shall be the power and duty of said board to elect from its membership a 
 president, vice-president and a secretary. The secretary shall receive such compen- 
 sation as may be fixed by the board, which shall be in addition to his per diem as a 
 member of the board, and all necessary traveling expenses incurred in connection with 
 the performance of the duties of his office. The board shall meet regularly at least 
 twice a year, at such time and place as the board may designate, for the purpose of 
 transacting its business, and special meetings may be held at such other times as the 
 board may elect, or on the call of the president of the board, or of not less than four 
 members thereof. A written notice of the time, place and object of such special 
 meeting shall be mailed by said secretary to all the members not parties to the call, 
 at least fifteen days before the day of meeting. Meetings may be held at any time and 
 place and without notice by unanimous consent evidenced either by writing or by the 
 presence of any member whose consent is necessary. The said board shall examine 
 all api.licants for license to practice dentistry according to the provisions of this act
 
 ■J41 DEXTISTRY. Act 1226, §§ 4-6 
 
 and issue licenses to practice dentistrj' in this state to such applicants as successfully 
 pass the examination of the board and otherwise comply with the provisions of this 
 act; collect and apply all fees as directed by this act; keep a book showing the names 
 of all persons to whom licenses have been granted by said board to practice dentistry, 
 and such other books as may be necessary to plainly show all the acts and proceedings 
 of said board; to have and use a seal bearing the name "Board of Dental Examiners 
 of California." 
 
 Annual report. Quorum. 
 
 The board shall make an annual report of its proceedings to the governor of 
 California by the fifteenth day of December of each year, together with an account 
 of all moneys received and disbursed by it, pursuant to this act. The board shall have 
 power to adopt rules concerning its meetings and the holding of examinations and 
 the manner of issuance and reissuance of licenses not inconsistent with the provisions 
 of this act. Four members of said board shall constitute a quorum for the transaction 
 of business at any meeting of the board. Each member of the board shall, upon his 
 qualification, file with the secretary his post office address, and thereafter any notice 
 of any change thereof. Any notice mailed to the address so on file, shall be deemed 
 to comply with the requirements of this act as to notice to such member of the board. 
 
 Books, public records. Examination papers kept one year. 
 
 § 4. All books of said board shall be of public record and at all times dui'ing 
 business hours open to public inspection, and a copy of any part or all thereof duly 
 certified by the secretary of said board shall be primary evidence in any court of this 
 state. The original books, records and papers of the board shall be kept at the office 
 of the secretary of said board which office shall be at such place as may be designated 
 by the board. Said secretary shall furnish to any person making application therefor 
 a copy of any part thereof, certified by him as such secretary, upon payment of a fee of 
 twenty-five cents per hundred words so copied, the said fee to be deposited in the 
 state treasury to the credit of the board. The examination papers of any applicant 
 shall be kept for the period of one year and may then be destroyed, but such examina- 
 tion papers shall be open to inspection only by members of the board and by such 
 applicant or by some one appointed by the latter to inspect the same, or by a court 
 of competent jurisdiction in a proceeding where the question of the contents of such 
 paper is properly involved. 
 
 Compensation. 
 
 $ 5. Each member of the board shall receive a per diem of ten dollars as com- 
 pensation for each day spent in actual attendance at meetings of the board and at 
 committee meetings of the members of the board, when such meetings shall be specially 
 authorized by the board, and for each day actually spent performing necessary work 
 in connection with the enforcement of this act, together with his necessary traveling 
 expenses. 
 
 Eligibility to take examination. Apprentices. 
 
 § 6, Any person over twenty-one years of age shall be eligible to take an examination 
 before the board of dental examiners of California, upon making application therefor 
 and upon (1) paying a fee of twenty-five dollars; (2) furnishing satisfactory testi- 
 monials of good moral character; and (3) furnishing satisfactory evidence of having 
 graduated from a reputable dental college, which must have been approved by the 
 board of dental examiners of California; provided, that after August 1, 1918, he shall 
 also file his diploma or certificate of graduation with recommendations from a high 
 school accredited to the University of California or any other university of equal 
 standing; or a certificate signed by a state superintendent of public instruction, or
 
 Aci 1226, §§ 7, 8 GENERAI. LAAVS. 542 
 
 similar officer, to the effect that such applicant has had scholastic preparation equivalent 
 in all respects to that demanded for graduation with recommendations from a high 
 school griving a four year course of instruction in the state from which such certificate 
 is issued; (4) in lieu of such diploma or certificate from an accredited high school, 
 such applicant, after said date, may and with like effect furnish to said board of dental 
 examiners a certificate from the board of dental examiners, or similar official body, of 
 some other state in the United States, showing that such applicant has been a duly 
 licensed practitioner of dentistry in such other state for a period of at least five years; 
 provided, however, that every person actually engaged as an apprentice to a regularly 
 licensed dentist who has practiced in the state of California for ten years or more shall 
 be eligible for examination, if, within thirty (30) days after the passage of this act, 
 he shall file with the secretary of the board an affidavit stating his name, age, the 
 length of time for which he has been actually apprenticed and with whom; and who, 
 at the time of his application for examination, shall show to the satisfaction of the 
 board that he has served an apprenticeship of at least five (5) years and is a graduate 
 from a high school or similar institution of learning in this or some other state of 
 the United States requiring a three (3) years' course of study; and provided, that 
 no examination shall be given to an applicant claiming the right to take the same 
 as an apprentice later than December 30, 1915. 
 
 Examinations. 
 
 § 7. The examination by the board of applicants for license to practice dentistry 
 in this state shall be sufficiently thorough to test the fitness of the applicant to prac- 
 tice dentistry. It shall include, written in the English language, questions on the 
 following subjects: Anatomy, histology, physiology, anaesthesia, materia medica, 
 pathology, bacteriology, therapeutics, oral surgery, chemistry, metallurgy, operative 
 dentistry, prosthethic dentistry and orthodontia; the answers to which shall be written 
 in the English language. Said written examination may be supplemented by an oral 
 examination. Demonstrations of the applicant's skill in operative and prosthetic 
 dentistry must also be given. All persons successfully passing such examination shall 
 be registered as licensed dentists on the board register, as provided in section three, 
 and shall be granted by the board a license to practice dentistry in the state of 
 California. When a candidate for a license shall have received a grading of eighty-five 
 per cent or above in any given subject, he shall be exempt from re-examination on 
 that subject in subsequent examinations before the said board held at the first or 
 second meeting thereafter. Any member of the board may inquire of any applicant 
 for examination concerning his character, qualifications or experience and may take 
 testimony of any one in regard thereto, under oath, which he is hereby empowered 
 to administer. 
 
 Dentists already licensed to register. Certificate of registration. Registration fee. 
 Notation of change of name. Failure to register forfeits license. 
 $ 8. Every person licensed to practice dentistry in this state within six months 
 prior to the passage of this act whose license is not at the time of such passage 
 registered under the provisions of the law under which the same was issued shall 
 register the same as herein provided within six (6) months after this act becomes 
 effective. Every person who shall hereafter be licensed to practice dentistry in this 
 state, shall within six months thereafter register in the office of the county clerk of 
 the county where his place of business is located (if he has no place of business in this 
 state, then in the office of the county clerk of that county in this state wherein at 
 the time shall be situated the office of the secretary of the board of dental examiners 
 of California), in a book kept by the clerk for such purpose, and called a register of 
 dentists, his name, age, office address, the date and number of his license to practice
 
 543 DENTISTRY. Act 1226, § 9 
 
 dentistry, and the date of such registration, Avliich registration he shall be entitled to 
 make only upon showing the county clerk his license or a copy thereof certified by 
 the secretar}'^ of the board over its seal, and upon making and filing an affidavit stating 
 his name, age, birthplace, the number of his license and the date of its issue, that he 
 is the identical person named in the license; that before receiving the same he complied 
 with all the preliminary requirements of this statute (and the rules of the board of 
 dental examiners as to the terms and the amount of study and examination) ; that 
 no money other than the fees prescribed by this statute (and said rules), was paid 
 directly or indirectly for such license, and that no fraud, misrepresentation or mistake 
 in a material regard was practiced, employed or occurred by any person in order that 
 such license should be conferred. Said person need not personally register before 
 the county clerk but may make the said affidavit before any officer authorized by law 
 to administer oaths, and which affidavit together with the other information and 
 license, or the certified copy therefor as afore provided, shall be forwarded to the 
 said county clerk, who shall act in the same manner as if the party was personally 
 present. The county clerk shall preserve such affidavits in a bound volume and shall 
 issue to every licentiate duly registering and making such affidavit, a certificate of 
 registration in his county, which shall include a transcript of the registration. Such 
 transcript and license may be offered as primary evidence in all courts of the facts 
 therein stated. A copy of such certificate of registration shall be sent by the county 
 clerk to the secretary of the board within five days after it is made. The county 
 clerk's fees for taking such registration and affidavit and issuing such certificate of 
 registration shall be one dollar. A practicing dentist having registered a lawful 
 authority to practice dentistry in one county of the state and removing such practice 
 or part thereof to another county shall show or send by registered mail to the clerk 
 of such other county his certificate of registration, if such certificate clearly shows 
 that the original registration was on an authority issued by the board of dental 
 examiners, or if the certificate of registration itself is indorsed by the secretary 
 of the board of dental examiners as entitled to registration, the clerk shall thereupon 
 register the applicant in the register of dentists of the latter county on receipt of a 
 fee of fifty cents, and shall stamp or indorse on such certificate of registration the 
 
 the date and his name preceded by the words "registered also in 
 
 county," and return the certificate of registration to the applicant. Any lawfully 
 registered person who shall thereafter change his or her name according to law shall 
 register the new name with a marginal note of the former name with the clerk of 
 the county or counties where he or she is practicing. The clerk shall forthwith notify 
 the secretary of the board of such change. Any county clerk who knowingly shall 
 make or suffer to be made upon the register of dentists kept in- his office any entry 
 other than that provided for in this act, shall be liable to a penalty of fifty dollars, 
 to be recovered by and paid to the said board of dental examiners in a suit in any court 
 having jurisdiction. Any failure, neglect or refusal on the part of any person holding 
 such license to register the same with the clerk of said county as above directed for 
 a period of six months after the issuance thereof shall ipso facto work a forfeiture of 
 his or her license, and it shall not be restored except upon the written application and 
 payment to said board of twenty-five dollars. Any suspension, revocation or reinstate- 
 ment of a license shall with the date thereof be forthwith noted by the county clerk 
 on the margin of the registration thereof upon receipt of notice from the secretary 
 of the board. 
 
 License to practice. Fee. Annual license tax. 
 
 ^ 9. Before any person can practice dentistry in this state, he shall obtain a license 
 to do so from the board of dental examiners. Each application for license shall be 
 accompanied by a fee of twenty-five dollars, which shall in no case be refunded, except
 
 Act 122C, §§ 10, 11 GENERAL. LAWS, 544 
 
 that in the case of applicants requiring examination the said fee shall be refunded if 
 the applicant shall be found ineligible to take such examination. Such license shall 
 remain in force until the following first day of May and thereafter so long as the 
 holder thereof shall comply with the provisions of this section relating to an annual 
 tax but not otherwise, and notwithstanding the payment of such tax such license may 
 at any time be forfeited or revoked for a violation of the further requirements of 
 this act. To provide a fund for the enforcement of the provisions of this act every 
 person holding a license to practice dentistry in this state without exception shall pay 
 an annual license tax for the year commencing with the first day of May next follow- 
 ing the issuance of such license and annually thereafter. Such payment to be effective 
 ihall be made prior to the commencement of the year for which the same accrues and 
 the receipt of the secretary of the board shall be indispensable evidence that the same 
 has been made. The failure, neglect or refusal of any person who was a regularly licensed 
 dentist to pay in advance said annual tax of two dollars during the time his or her 
 license remained in force shall ipso facto work a forfeiture of his or her license, and 
 it shall not be restored except upon a written application therefor and the payment 
 to said board of twenty-five dollars, except that such person shall not be required to 
 submit to any examination. 
 
 Disposition of fines. Disbursements. Revolving fund. 
 
 § 10. All tines, penalties and forfeitures including the examination fee, imposed 
 or collected by the board under any of the foregoing provisions of this act shall be paid 
 to the secretary of the board. All fines and penalties imposed or collected in any 
 court for violations of any of the provisions of this act shall be paid by such court 
 to such secretary. The secretary shall on or before the tenth day of each month pay 
 to the state treasury and report to the state controller all fines, penalties and for- 
 feitures received for violations of this act, together with all examination fees, renewal 
 and license fees received by him prior to the date of such report and payment. All 
 funds received by the state treasurer from the secretary of said board shall be placed 
 in a fund to be known as the state dentistry fund, which is hereby created. All dis- 
 bursements by the board made in the transaction of its business and in the enforcement 
 of this act shall be paid out of said fund upon claims to be presented and audited 
 in the manner usual with other claims against the state; provided, that as to the amount 
 of seven hundred dollars of said fund the same shall constitute a revolving fund and 
 may be drawn upon the warrant of the president and secretary of the said board 
 without being audited in the usual manner, in cases of emergency or where cash 
 advances are necessary, but after the sum of seven hundred dollars has been so 
 expended no further warrant shall be drawn on said revolving fund until expenditures 
 previously made from said revolving fund shall be substantiated by vouchers and 
 itemized statements and audited; and provided, further, that all expenditures from 
 said revolving fund shall at the end of each fiscal year, or at any other time when 
 demand therefor is made by the board of control or by the state controller, be so 
 substantiated and audited unless previously done. 
 
 Practicing dentistry defined. 
 
 § 11. Any person shall be understood to be practicing dentistry within the meaning 
 of this act who shall (1) by card, circular, pamphlet, newspaper, or in any other way 
 advertise himself as a dentist, or (2) who shall, for a fee, salary or reward, paid 
 directly or indirectly either to himself or to some other person, perform an operation 
 of any kind upon, or treat diseases or lesions of the human teeth or jaws, or correct 
 malimposed positions thereof, or (3) in any way indicate that he will perform by 
 himself or his agents or servants any operations upon the human teeth or jaws, or 
 (4) make an examination of, with intent to perform or cause to be performed any
 
 \ 
 
 545 DENTISTRY. Act 1226, §§ 12, 13 
 
 operation on the human teeth or jaws, or (5) who manages or conducts as manager, 
 proprietor, conductor, or otherwise a place where dental operations are performed; 
 but nothing in this act contained shall prohibit bona fide students of dentistry from 
 operating in the clinical departments or the laboratory of a reputable dental college, 
 or an unlicensed person from performing merely mechanical work upon inert matter 
 in a dental laboratory or a licensed physician from practicing oral surgery. 
 
 Penalty for selling certificates, etc. False use of "D. D. S." 
 
 $ 12. Any person, company or association shall be guilty of a misdemeanor, and 
 upon conviction thereof shall be punished, by imprisonment in the county jail 
 not less than ten (10) days nor more than one (1) year, or by a fine of not less than 
 one hundred dollars nor more than one thousand five hundred dollars, or by both such 
 fine and imprisonment, who (1) shall sell or barter or offer to sell or barter any dental 
 degree or any certificate or transcript, made or purporting to be made, pursuant to the 
 laws regulating the license and registration of dentists; or (2) shall purchase or 
 procure by barter any such diploma, certificate or transcript, with intent that the 
 same shall be used as evidence of the holder's qualification to practice dentistry, or 
 in fraud of the laws regulating such practice; or (3) shall with fraudulent intent, 
 alter in a material regard any such diploma, certificate or transcript; or (4) shall use, 
 attempt or cause to be used any such diploma, certificate or transcript, which has been 
 purchased, fraudulently issued, counterfeited or materially altered, either as a license 
 to practice dentistry, or in order to procure registration as a dentist; or (5) shall 
 within ten days after demand made by the secretary of the board, fail to furnish to 
 said board the name and address of all persons practicing or assisting in the practice 
 of dentistry in the office of said person, company or association, at any time within 
 sixty days prior to said notice, together with a sworn statement showing under and 
 by what license or authority said person, company or association, and said employees 
 are or have been practicing dentistry, but such affidavit shall not be used in any 
 prosecution under this section, and any person shall be guilty of a misdemeanor and 
 punishable as in this section above provided who (1) shall assume the degree of 
 "doctor of dental surgery" or "doctor of dental medicine," or shall append the 
 letters "D.D.S. " or "D.M.D. " to his or her name not having duly conferred upon 
 him or her, by diploma from a recognized dental college or school legally empowered 
 to confer the same, the right to assume said title ; or shall assume any title, or append 
 •any letters to his or her name, with the intent to represent falsely that he or she has 
 received a dental degree or license; or (2) shall in an affidavit, required of an applicant 
 for examination, license or registration, under this act, willfully make a false statement 
 in a material regard; or (3) shall engage in the practice of dentistry without causing 
 to be displayed in a conspicuous manner and in a conspicuous place in his or her oflBce 
 the name of each and every person employed in the practice of dentistry therein, 
 together with the word mechanic after the name of each unlicensed person employed; 
 or (4) is practicing dentistry in the state without a license, or whose license has 
 been revoked or suspended, or (5) shall under any false, assumed or fictitious name, 
 either as an individual, firm, corporation or otherwise or any name other than the 
 name under which he is licensed, practice, advertise or in any other manner indicate 
 that he is practicing or will practice dentistry. Nothing in this section contained shall 
 be held to prohibit the conferring of degrees and the bestowing of diplomas, by 
 reputable dental colleges of this state, which have been indorsed by the board of 
 dental examiners of California. 
 
 Revocation of license. 
 
 § 13. Any dentist may have his license revoked or suspended by the board of dental 
 
 examiners for any of the following causes: 
 
 (1) His conviction of a felony or misdemeanor involving moral turpitude, in which 
 Gen. Laws — 35
 
 Act 122C. §g 14-15 GEMiRAI, 1-AWS. 5 IC 
 
 case the record of conviction or a certified copy thereof, certified by the clerk of the 
 court, or by the judge in whose court the conviction is had, shall be conclusive 
 evidence. 
 
 (2) The rendition of a final judgment against any such dentist in a court of compe- 
 tent jurisdiction upon a cause of action alleging grossly unskilltul or negligent dental 
 practice. 
 
 (3) For unprofessional conduct or for gross ignorance or inefTieiency in his pro- 
 fession. Unprofessional conduct is hereby defined to be: The employment of persons 
 known as cappers or steerers, to obtain business; the obtaining of any fee by fraud 
 or misrepresentation; willfully betraying professional seci-ets, employing directly or 
 indirectly any student or any suspended or unlicensed dentist to perform operations 
 of any kind, or to treat lesions of the human teeth or jaws, or correct maliraposed 
 formations thereof; aiding or abetting any unlicensed person to practice dentistry 
 unlawfully; habitual intemperance; gross immorality; the use of any false, assumed 
 or fictitious name, either as an individual, firm, corporation or otherwise or any name 
 other than the name under which he is licensed, practice, advertise or in any other 
 manner indicate that he is practicing or will practice dentistry. 
 
 Proceedings to revoke license. 
 
 $ 14. The proceedings to revoke or suspend any license under the first subdivisicin 
 hereof, must be taken by the board on the receipt of a certified copy of the record 
 of conviction. The proceedings under the second subdivision hereof may be taken 
 upon the information of another. All accusations must be in writing, verified by some 
 party familiar with the facts therein charged, and three copies thereof must be filed 
 with the secretary of the board. Upon receiving the accusation the board shall, if 
 it deem the complaint sufficient, make an order setting the same for hearing, at a 
 specified time and place, and the secretary shall cause a copy of the order and of 
 the accusation to be served upon the accused at least ten days before the day appointed 
 in the order for said hearing. The accused must appear at the time appointed in 
 the order and answer the charges and make his defense to the same, unless for 
 sufficient cause the board assign another day for that purpose. If he does not appear 
 the board may proceed and determine the accusation in his absence. If the accused 
 plead guilty or refuse to answer the charges, or upon the hearing thereof the board 
 shall find them or any of them tn:e, it may proceed to a judgment revoking his license* 
 or suspending it. The board and the accused may have the benefit of counsel, and 
 the board shall have power to administer oaths, take the deposition of witnesses in 
 the manner provided by law in civil cases, and to compel them to attend before it in 
 person the same as in civil cases, by subpoena issued over the signature of the secretary 
 and the seal of the board and in the name of the people of the state of California. 
 The board shall have power in proper cases to authorize the payment of fees and 
 traveling expenses of necessary witnesses required to appear before the board and 
 actually examined in any proceeding properly before it. Upon the revocation of any 
 license, the fact shall be noted upon the records of the board of dental examiners and 
 the license shall be marked as canceled, upon the date of its revocation. Written 
 notice of such suspension or revocation shall be mailed by the secretary of the board 
 to the county clerk of each county in which such license is then registered. 
 
 Complaint for violation of act. 
 
 $ 15. The board of dental examiners, or any member or officer thereof, may prefer 
 » complaint for violation of this act, or any part thereof, before any court of compe- 
 tent jurisdiction, and may by its officers, counsel and agents, assist in presenting the 
 law or facts at the trial. It shall be the duty of the district attorney of each county
 
 54: 
 
 DENTISTRY. 
 
 Act 1226, § 16 
 
 in this state to prosecute all violations of the aforesaid provisions of this act in their 
 respective counties in which such violations occur. 
 
 $ 16. All acts and parts of acts in conflict with this act are hereby repealed. 
 
 1. Constitutionality — Special legislation. 
 
 The act is not local or special legislation 
 within the meaning of section 25, article IV 
 of the constitution. — People v. Keseling, 35 
 Cal. App. 501, 170 Pac. 627. 
 
 2. Same — Question of fact. — Whether one 
 is guilty of aiding and abetting an un- 
 licensed person to practice dentistry is a 
 question of fact, and the act is not invalid 
 because it leaves the determination of that 
 fact to the board of dental examiners. — 
 Lassen v. Board of Dental Examiners, 24 
 Cal. App. 767, 142 Pac. 505. 
 
 3. Same — PoTver of legislature. — The leg- 
 islature had power to define what it meant 
 by the phrase "practicing dentistry" in de- 
 claring what acts it intended to malie un- 
 lawful. — People v. Fortch, 13 Cal. App. 770, 
 110 Pac. 823. 
 
 4. Same — Impairment of the obligation 
 of contracts. — Section 14 of the act of 1901, 
 as amended in 1909, is not violative of sec- 
 tion 16, article I of the constitution. — In re 
 Victor, 27 Cal. App. 73, 148 Pac. 975. 
 
 5. Same — Levy of tax on nontaxable 
 property. — Section 14 of the act of 1901, as 
 amended in 1909, is not violative of section 
 1, article XIII of the constitution. — In re 
 Victor, 27 Cal. App. 73, 148 Pac. 975. 
 
 6. Same — Local and special taxation. — 
 Section 14 of the act of 1901, as amended in 
 1909, is not violative of subdivision 10, sec- 
 tion 25, article IV, of the constitution. — In 
 re Victor, 27 Cal. App. 73, 148 Pac. 975. 
 
 7. Same — Special law for the punishment 
 of a misilemeanor. — Section 14 of the act 
 is not violative of subdivision 2, section 25, 
 article IV of the constitution. — In re Victor, 
 27 Cal. App. 73, 148 Pac. 975. 
 
 8. Same — Title of act is broad enough to 
 cover the subject of the payment of annual 
 license fee. — In re Victor, 27 Cal. App. 73, 
 148 Pac. 975. 
 
 9. Same — Special privileges. — The act is 
 not unconstitutional on the ground that by 
 exempting previous practitioners of den- 
 tistry it confers special privileges and im- 
 munities upon them. — Ex parte Wliitley, 144 
 Cal. 167, 1 Ann. Cas. 13, 77 Pac. 879. 
 
 10. Same — Legislative po^ver to deter- 
 mine qualifications of dentists for admission 
 to practice. — The legislature is empowered 
 to determine the qualifications to be re- 
 quired of those admitted to practice den- 
 tistry in the state, and to fix any reasonable 
 standard for determining such qualifica- 
 tions, and to vest in a state board of dental 
 examiners the power to determine whether 
 particular dental colleges are reputable. — 
 Ex parte Whitley. 144 Cal. 167, 1' Ann. Cas. 
 13, 77 Pac. 879. 
 
 11. Same — Police power. — The acts of 
 1885 and 1901 are held to be a constitutional 
 and valid exercise of the police power. — Ex 
 parte Whitley, 144 Cal. 167, 1 Ann. Cas. 13, 
 77 Pac. 879. 
 
 12. Tlie act of lliOl is held to be consti- 
 
 tutional on all the points raised in the case 
 of Ex parte Whitley, 144 Cal. 167, 1 Ann. 
 Cas. 13, 77 Pac. 879; Ex parte Hornef, 154 
 Cal. 355, 97 Pac. 891. 
 
 13. Same — Special legislation. — The act 
 is not unconstitutional as obnoxious to sub- 
 division 3, section 25, article IV of the con- 
 stitution. — People V. Keseling, 35 Cal. App. 
 501, 170 Pac. 627. 
 
 14. Same — Unreasonable classification — 
 Constitutionality. — The act is not unconsti- 
 tutional on the ground that it is discrim- 
 inatory. — People V. Keseling, 35 Cal. App. 
 501, 170 Pac. 627. 
 
 15. Jurisdiction of police court. — The 
 police court of San Francisco is vested by 
 the charter with jurisdiction of violations 
 of the city and county ordinances, and has 
 no jurisdiction of a violation of the den- 
 tistry act. — People v. Fortch, 13 Cal. App. 
 770, 110 Pac. 823. 
 
 IG. Superior court — Original jurisdiction. 
 — The superior court has original jurisdic- 
 tion of prosecutions for violation of the 
 dentistry act. — People v. Fortch, 13 Cal. 
 App. 770, 110 Pac. 823. 
 
 17. Same. — Under section 5 of article VI 
 of the constitution the superior court has 
 jurisdiction of an information charging a 
 violation of the dentistry act as amended 
 in 1909. — People v. Fortch, 13 Cal. App. 'i'70. 
 110 Pac. 823. 
 
 IS. Construction of act. — The words "any 
 person" in section 14 of the act of 1901, as 
 amended in 1909, is to be construed as lim- 
 ited by the proviso of section 1 of the act 
 exempting persons who were lawfully prac- 
 ticing dentistry when the original act went 
 into effect. — In re Victor, 27 Cal. App. 73, 
 148 Pac. 975. 
 
 19. Same. — Section 1 of the act of 1901 
 does not have effect of limiting the applica- 
 tion of subdivision 10 of section 19 to per- 
 sons who first commenced to practice den- 
 tistry in the state after the act became a 
 law. — Ex parte Hornef, 154 Cal. 355, 97 Pac. 
 891. 
 
 20. Same — Employment of unlicensed 
 practitioner. — Upon the hearing before the 
 board of dental examiners of an accusation 
 of unprofessional conduct in knowingly em- 
 ploying an unlicensed practitioner in his 
 office for the purpose of practicing dentistry 
 therein, the burden is upon the accused to 
 prove that the employee had been licensed 
 as a dentist at the time of the employment 
 if such was a fact. — Anderson v. Board of 
 Dental Examiners, 27 Cal. App. 336, 149 Pac. 
 1006. 
 
 21. Repeal of prior act. — Section 25 as to 
 the time of taking effect of the entire act, 
 including the repeal of the prior act, and 
 there was no interregnum in the law be- 
 tween such repeal and the taking effect of 
 the new act, so as to permit an unlicensed 
 person to practice dentistry. — People v. 
 Keseling, 35 Cal. App. 501, 170 Pac. 627.
 
 Act 1226 
 
 GENERAL LAWS. 
 
 S48 
 
 22. Annual license tax. — Under the pro- 
 vision of section 1, as amended in 1909, all 
 dentists are required to pay the license tax, 
 without regard to when or how they be- 
 came entitled to practice. — In re Victor, 27 
 Cal. App. 73, 148 Pac. 975. 
 
 23. Revocation o£ license. — The provi- 
 sions of section 21 1/^ of the act of 1901, are 
 not in conflict with the provisions of sec- 
 tion 14, as amended in 1909. — In re Victor, 
 27 Cal. App. 73, 148 Pac. 975. 
 
 24. Judicial functions of board of exam- 
 iners. — The board of dental examiners does 
 not exercise judicial functions in the sense 
 prohibited by the constitution. — Ex parte 
 Whitley, 144 Cal. 167, 1 Ann. Cas. 13, 77 Pac. 
 879. 
 
 Tlie case of Van Vleck v. Dental Exam- 
 iners, 5 Cal. Unrep. 636, 48 Pac. 223, held not 
 to be authority, because a rehearing had 
 been granted and the case thereafter dis- 
 missed. — Ex parte Whitley, 144 Cal. 167, 1 
 Ann. Cas. 13. 77 Pac. 879. 
 
 25. Same — Examination. — The duties of 
 the board of dental examiners under the 
 act of 1885 is Judicial, and their finding that 
 the result of an examination is unsatisfac- 
 tory is final. — Van Vleck v. Dental Exam- 
 iners, 5 Cair Unrep. 636, 48 Pac. 223. 
 
 2C. Same — Endorsement of diploma. — 
 The duties of the board of dental examiners 
 under section 5 of the act of 1885, as to 
 endorsement of diplomas are judicial, and 
 their action in finding a diploma unsatis- 
 factory is final. — Van Vleck v. Dental Ex- 
 aminers, 5 Cal. Unrep. 636, 48 Pac. 223. 
 
 27. Judicial notice. — The board of dental 
 examiners may take judicial notice of its 
 records for the purpose of ascertaining 
 whether a license was ever issued to a per- 
 son alleged to have been employed wrong- 
 fully as a practitioner in a dental office. — 
 Anderson v. Board of Dental Examiners, 27 
 Cal. App. 336, 149 Pac. 1006. 
 
 28. Information — Exceptions must be 
 negatived only when the exception or pro- 
 viso is so incorporated with the definition 
 of the offense as to constitute a part of it. 
 —Ex parte Hornef, 154 Cal. 355, 97 Pac. 891. 
 
 29. Same — Right to practice at time of 
 pa.ssasre of act need not be negatived. — Ex 
 parte Hornef, 154 Cal. 355, 97 Pac. 891. 
 
 30. Same. — Information under act of 1901 
 is sufficient where it alleges, in effect, that 
 the defendant was guilty of "practicing 
 dentistry in the state without a license." — 
 Ex parte Hornef, 154 Cal. 355, 97 Pac. 891. 
 
 31. Same. — It is not necessary for an in- 
 formation charging the practice of dentistry 
 without a license to traverse the exceptions 
 provided in the act. — People v. Keseling, 35 
 Cal. App. 501, 170 Pac. 627. 
 
 32. Same — Payment of fee. — An informa- 
 tion charging the practice of dentistry 
 without a license need not charge that the 
 fee was paid by the person upon whom the 
 work was performed. — People v. Keseling, 
 35 Cal. App. 501, 170 Pac. 627. 
 
 33. Accomplices. — Persons employed to 
 get evidence for the state and who seek and 
 submit to the services of a person charged 
 with a violation of practice of dentistry act 
 
 are not accomplices within the meaning of 
 § 1111, Penal Code, and corroboration of 
 tlieir testimony is not required. — People v. 
 Keseling, 35 Cal. App. 501, 170 Pac. 627. 
 
 34. Testimony of feigned accomplices, 
 employed by officers of the state to obtain 
 evidence against one charged with crim- 
 inal acts is sufficient to sustain a conviction 
 though uncorroborated. — People v. Keseling, 
 35 Cal. App. 501, 170 Pac. 627. 
 
 S."). Verification of accusation of dentist. 
 — The phrase, "except as to such matters 
 therein stated on information and belief," 
 in such verification is held to be surplusage 
 in a verification held sufficient, by reason of 
 the fact that no allegations were made on 
 information and belief therein. — Lassen v. 
 Board of Dental Examiners, 24 Cal. App. 
 767, 142 Pac. 505. 
 
 36. Amendment of judgment to correct 
 clerical error. — A judgment of conviction 
 for practicing dentistry without a license 
 which by a clerical mistake recites a con- 
 viction for practicing "medicine" without a 
 license may be amended by the trial court 
 to correct such mistake, and the amended 
 judgment is not a new judgment. — Ex parte 
 Hornef, 154 Cal. 355, 97 Pac. 891. 
 
 37. Instruction — Practicing dentistry. — 
 It was not error to give as an instruction to 
 the jury the language of the statute de- 
 fining what is meant by the phrase "prac- 
 ticing dentistry" in the act. — People v. 
 Fortch, 13 Cal. App. 770, 110 Pac. 823. 
 
 38. Mandamus Is not available to one ag- 
 grieved by the refusal of the board of dental 
 examiners to endorse a dental diploma. — 
 Van Vleck v. Dental Examiners, 5 Cal. Un- 
 rep. 636, 48 Pac. 223. 
 
 Cited in support of a decision to the same 
 effect as to the board of medical examiners. 
 — Raaf v. State Board, 11 Idaho 718, 84 
 Pac. 36. 
 
 As to practitioner of medicine or surgery, 
 see 28 L. R. A. 139; 45 L. R. A. 269. 
 
 As to clearness of act providing for ex- 
 amination of. see 49 L. R. A. 695. 
 
 As to delegating appointment of examin- 
 ers in state dental association, see 51 
 L. R. A. 748. 
 
 As to legislative regulation; exercise of 
 police power, see brief in 51 L. R. A. 748. 
 
 "May" construed as "must" in action for 
 examination. — See 49 Li. R. A. 635. 
 
 Mandamus to compel dental examiners to 
 Indorse diploma. — See 44 L. R. A. 635. 
 
 Regulating qualilications — as to, see brief 
 in 49 L. R. A. 696. 
 
 As to discrimination in allovring dental 
 students to practice, see 6 L. R. A. 119. 
 
 As to discrimination in favor of those 
 practicing in same place for certain time, 
 see 6 L. R. A. 709. 
 
 As to injunction against practice of, see 
 20 L. R. A. 432. 
 
 As to insufficiency of allegations as to 
 dental college, see 44 L. R. A. 635. 
 
 As to judicial power to review action of 
 board in respect to license of dentist, see 
 note, 20 L. R. A. 355. 
 
 Reiiuiring examination of applicants to
 
 k 
 
 549 DENTISTRY. Act 1227, §§ 1-5 
 
 practice except graduates of regular collega IJnconstitntional — "Statute requiring ex- 
 
 of dentistry. — See 49 L. R. A. 695. amination and license as prerequisite to 
 
 Requiring diploma as condition of grant- ownership of dental office unconstitutional." 
 
 Ins license. — See 6 L. R. A. 119. — See 3 Mich. L. Rev. 465. 
 
 STATE DENTAL SURGEON. 
 
 ACT 1227 — An act to create the office of state dental surgeon, prescribing his duties, 
 fix his manner of appointment, salary and term of office, and to make an appro- 
 priation for the expenses of his office. 
 
 History: Approved April 16, 1909, Stats, 1909, p. 947. Amended 
 June 11, 1915. In effect August 10, 1915, Stats. 1915, p. 1430. 
 
 Office of state dental surgeon created. 
 
 § 1. The office of state dental surgeon is hereby created. It shall be the duty of 
 the governor, on or before the tenth day July, 1909, to appoint a skilled dental 
 surgeon for the state of California to fill said office of state dental surgeon, who at 
 the date of such appointment shall be a graduate in good standing of a recognized 
 college of dental surgery, legally qualified to practice as such in this state, and shall 
 hold said office for the period of four years from and after the date of qualification; 
 provided, however, when a vacancy occurs in the office of state dental surgeon from 
 whatever cause the governor shall fill by appointment said term for the unexpired 
 part thereof only. The salary of said state dental surgeon shall be thirty-six hundred 
 dollars per annum, and shall be paid at the same time and in the same manner as are 
 the salaries of other state officers. [Amendment of June 11, 1915. In effect August 10, 
 1915. Stats. 1915, p. 1430.] 
 
 Duties. 
 
 $ 2. The duties of the state dental surgeon shall be to perform the dental services 
 for the inmates of the various state hospitals. Said dental services shall be per- 
 formed in an efficient and durable manner as possible, and shall consist of cement 
 and amalgam fillings, treatment and extracting teeth, inserting artificial teeth on vul- 
 canite plates, and perform such oral surgery operations as may be referred to him by 
 the superintendents of the various state hospitals. No services shall be performed by 
 the state dental surgeon for any officer or employee of any state institution, except 
 in the case of extreme emergency. 
 
 Must visit state hospitals. 
 
 § 3. The state dental surgeon must visit every state hospital at least twice in each 
 year, and shall at all times be under the sui^ervision of the California state commission 
 in lunacy. 
 
 Appropriation. 
 
 § 4. For the purpose of carrying out the provisions of this act the sum of three 
 thousand five hundred ($3,500) dollars is hereby appropriated to pay the traveling 
 expenses of the state dental surgeon to the various state hospitals and for the purchase 
 of operating and extracting instruments and such apparatus as may be needed for 
 the making of plates, and such other expenses as may be required in the discharge 
 of his duties. 
 
 Time of taking effect. 
 
 § 5. This act shall be in force and effect from and after July 1, 1909. 
 
 DEPARTMENT OF AGRICULTURE. 
 
 See tit. "Agriculture." 
 
 DEPARTMENT OF ENGINEERING. 
 
 Sec tit. "State EnErineerinjr. ''
 
 Act 1235. §§ 1.3 (iKNKRAl, I, VWS. C50 
 
 DESCENT AND DISTRIBUTION. 
 
 See Kerr's Cyc, Civil Code, ^^ 13SG, et seq. 
 
 CHAPTER 89. 
 
 DETECTIVES. 
 Reference: Regular and special police, see tit. "Police." 
 
 CONTENTS OF CHAPTER. 
 ACT 1235. Peivate Detectives and Detective Agencies. 
 
 PRIVATE DETECTIVES AND DETECTIVE AGENCIES. 
 ACT 1235 — An act to license and regulate the business of private detectives and 
 detective agencies. 
 
 History: Approved June 7, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1253. 
 
 License for private detective agencies. 
 
 $ 1. No person, firm, association, co-partnership, or corporation shall engage in the 
 business of private detective for hire or reward or advertise such business to be 
 that of detective or of conducting a detective agency without having first obtained a 
 license so to do from the state board of prison directors of the state of California 
 in the manner hereinafter provided. Nor shall any person, firm, association, co- 
 partnership or corporation engage for hire and reward, or hire or reward, in the busi- 
 ness of furnishing or supplying information as to the personal character of any person 
 or firm, or as to the character or kind of the business and occupation of any person, 
 firm, or corporation, or own or conduct a bureau or agency for the above-mentioned 
 purpose without having first obtained a license so to do from the state board of prison 
 directors of the state of California in the manner hereinafter provided. Nothing 
 contained in this act, however, shall apply to the business of obtaining and furnish- 
 ing information as to the financial rating of persons, firms, or corporations. 
 
 Application to prison directors. 
 
 $ 2. Every person who desires to conduct, either as an individual or as manager 
 for a firm, association, co-partnership, or corporation, the business of detective or 
 detective agency or of furnishing or supplying information as to the personal 
 character of any person or firm or as to the character or kind of the business and 
 occupation of any person, firm, or corporation, shall present to the state board of 
 prison directors and file in their oflBce a written application which shall state the 
 age, residence, present and previous, occupation of such applicant and the name of 
 the city, town or village where the principal place of business is to be located and 
 such further facts as will tend to show the good character, competency and integrity 
 of such applicant. Such application shall be duly signed and verified by the appli- 
 cant and shall be approved by not less than five reputable freeholders of the county 
 where such applicant resides or where it is proposed to conduct such business, which 
 approval shall be signed by such freeholders and acknowledged by them before an 
 officer authorized to take acknowledgments of deeds. The state board of prison 
 directors when satisfied, from examination of such application and such further inquiry 
 and investigation as they shall deem proper, that the applicant is a person of good 
 character, competency and integrity, shall issue and deliver to such applicant a license 
 entitling the applicant to conduct such business for a period of five years next 
 ensuing upon the applicant's paying to the state board of prison directors for the use 
 of the state a license fee of ten dollars per annum and shall be payable in advance 
 on September 1, 191.5, and annually thereafter, and upon his cxeculiiig, delivering,
 
 551 DETECTIVES. Act 1235, 8§ 3-6 
 
 and filing in the office of the state board of prison directors a surety bond to be 
 executed by such applicant with one or more sureties in the sum of two thousand 
 dollars, conditioned for the faithful and honest conduct of such business by such 
 applicant, which bond as to its form, execution and sufficiency of the surety must be 
 approved by the said state board of prison directors. Such bond shall be taken in 
 the name of the people of the state of California, and every person injured by the 
 wilful or malicious or wrongful act of the principal may bring an action on said bond 
 in his own name to recover damages suffered by reason of said wilful or malicious or 
 wrongful act. The license granted pursuant to this act shall be revocable at any 
 time by the state board of prison directors for cause shown. 
 
 Not applicable. 
 
 $ 3. Nothing in this act shall apply to employees of such duly licensed private 
 detective or detective agencies for whose good conduct in the business, however, the 
 employers shall be responsible, or to any detective or officer belonging to the police 
 force of the state, or any county, city and county, city, town or village thereof 
 appointed or elected by due authority of law. 
 
 Penalty. 
 
 § 4. Any person violating any of the provisions of this act shall be guilty of a 
 misdemeanor and for the enforcement of this act the state board of prison directors 
 of the state of California are hereby authorized to expend annually any necessary 
 moneys received as license fees in the employment of an agent or agents, and of 
 other proper measures to aid in the detection or prosecution of all violations of 
 this act. 
 
 Authority of license. 
 
 § 5. A license obtained from the said board of prison directors by any person 
 or persons, firm, association, co-partnership or corporation mentioned in section one 
 of this act, shall be sufficient to give the said person or persons, firm, association, 
 co-partnership or corporation obtaining said license, their employees or operatives, 
 the authority to act under said license as a detective or uniformed patrolman or 
 watchman in any county, city and county, city or town in this state. 
 
 Acts superseded. 
 
 $ 6. This act shall supersede and take the place of any rule, regulation or ordi- 
 nance of any county, city and county, city or town in the state of California con- 
 flicting herewith. 
 
 1. Municipal affair — Municipal ordinance pal affair and the private detective act of 
 supersedes state law. — The establishment ot 1915, must yield to a city ordinance so far 
 a private patrol service or system over a as their conflicting provisions are con- 
 designated area vi'ithin the corporate limits cerned. — In re Hitchcock, 34 CaL App. Ill, 
 of the city of Oakland is strictly a munici- 166 Pac. 849. 
 
 DIABLO CREEK. 
 See Kerr's Cyc. Political Code, $ 2349. 
 
 DINUBA. 
 
 See Act 3094, note. 
 
 DISSECTION. 
 
 See Kerr's Cyc. Political Code, $$ 3093, et seq.
 
 Act J252, §§ 1, 2 GENERAI> LAWS, 652 
 
 DISTRICT ATTORNEY. 
 
 References: Bond, compensation, duties, oath, qualifications, etc., as county officer, In 
 general, see Kerr's Cyc. Political Code, tit. "County Government." 
 
 Duty, etc., in particular instances, see Kerr's Cyc. Political Code, particular title. 
 
 Duty in criminal prosecutions, in particular instances, see Kerr's Cyc. Penal Code, 
 particular title. 
 
 Duty as to enforcement of particular acts, see particular title. 
 
 CHAPTER 90. 
 
 DISTRICT COURT OF APPEAL. 
 
 References: Admission to bar, examination of applicants, see Kerr's Cyc. Code Civil 
 Procedure, § 276, et seq. 
 Appellate jurisdiction, see Kerr's Cyc. Code Civil Procedure, §§ 52, 52a. 
 Creation of court, see article VI, § 4 of the constitution. 
 Districts, appellate, see Kerr's Cyc. Political Code, § 135. 
 
 Officers, fees and compensation, etc., see Kerr's Cyc. Political Code, §§ 758, et seq. 
 Opinions of, see §§ 16, 24, article VI, of the constitution. 
 
 CONTENTS OF CHAPTER. 
 ACT 1252, Proper Accommodations for Court and Library, Second District. 
 
 ACCOMMODATIONS FOR COURT AND LIBRARY OF SECOND APPELLATE 
 
 DISTRICT. 
 
 ACT 1252 — An act to authorize the justices of the district court of appeal for the 
 
 second appellate district to provide proper rooms for the accommodation of the 
 
 court and its oificers and library, and declaring the expenses thereof to he an annual 
 
 charge against the general fund in the state treasury. 
 
 History: Approved May 25, 1919. In effect July 25, 1919. Stats. 
 1919, p. 1239. Former act of March 21, 1907, Stats. 1907, p. 846, super- 
 seded by present act. 
 
 Rooms and accommodations for second district court of appeal. 
 
 $ 1. The justices of the district court of appeal for the second appellate district 
 are hereby authorized to provide proper rooms in which to hold court and for the 
 proper accommodation of its officers and library, and the presiding justices of the 
 two divisions of said district court of appeal are hereby authorized to enter into any 
 contract or lease with reference thereto, approved by at least two justices of each 
 division of said court; and the expenses thereof, certified to be correct by at least 
 two justices of each division of said court, shall be paid out of the state treasury; 
 and for such expenses a sufficient sum shall be annually appropriated out of any funds 
 in the state treasury not otherwise appropriated. 
 
 Acts repealed. 
 
 S 2. All acts and parts of acts inconsistent herewith are hereby repealed. 
 
 DITCHES. 
 
 See tit. *' Canals"; "Drainage"; and Kerr's Cyc. Civil Code, §§842, 843. 
 
 DIVORCES. 
 See Kerr's Cyc. Civil Code, §82, et seq.; Kerr's Cyc. Code Civil Procedure, $$76, 
 125, 137, 426a, 940, 963, 1019, 2079. 
 
 DIXON. 
 
 See Act 3094, note. 
 
 DOGS. 
 
 See tits. "Cruelty to Animals"; "Sheep"; Kerr's Cyc. Civil Code, $3341; Kerr's 
 Cyc. Penal Code, $ 49L
 
 5S3 DORRIS BRIDGE. Act 1275 
 
 DONNER MONUMENT. 
 
 See tit. "California Pioneers." 
 
 DORRIS. 
 
 See Act 3094, note. 
 
 CHAPTER 91. 
 
 DORRIS BRIDGE. 
 References: Alturas, Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ! ACT 1275. Change of Name to Altueas. 
 
 ^ ACT 1275 — An act to change the name of Dorris Bridge to Alturas. 
 
 History: Approved March 28, 1876, Stats. 1875-76, p. 513. 
 
 CHAPTER 92. 
 DRAINAGE. 
 
 I 
 
 CHAPTER 92. 
 
 DRAINAGE DISTRICTS. • 
 
 References: Conversion of drainage districts into irrigation districts, see tit. "Irriga- 
 tion Districts," "Irrigation Act of 1919." 
 
 Drainage construction fund, see tit. "Funds." 
 
 Drainage of Lake Earl, see tit. "Lake Earl." 
 
 Health, protection of, from pollution by drainage, see tit. "Public Health." 
 
 Irrigation districts, see tit. "Irrigation." 
 
 Levee districts, see tit. "Levee Districts." 
 
 Overflow districts, see tit. "Overflow Districts." 
 
 Protection districts, see tit. "Protection Districts." 
 
 "Reclamation Board Act," see tit. "Sacramento and San Joaquin District." 
 
 Reclamation districts, see tit. "Reclamation Districts." 
 
 Sacramento and San Joaquin Drainage District, see tit. "Sacramento and San 
 Joaquin Drainage District." 
 
 Sale of public lands uncovered by drainage, see Kerr's Cyc. Political Code, §§ 3493m, 
 et seq. 
 
 State engineering in connection with drainage, see tit. "State Engineering." 
 
 Storm water districts, see tit. "Storm Water Districts." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1280. Drainage Commissioners, Districts and Fund. 
 
 1281. Drainage for Agricultural, Swamp and Overflowed Lands. 
 
 1282. Drainage District Act of 1885. 
 
 1283. Drainage District Improvement Act of 1919. 
 
 1284. Drainage District Act of 1903. 
 
 1285. Validate Bonds of Bellevue-Wilfred Drainage District. 
 
 1286. Validate Work on Butte County Drainage District No. 1. 
 
 1287. Validate Proceedings in Butte County Drainage District No. 100. 
 
 1288. Create Knights Landing Ridge Drainage District. 
 
 1289. Boundaries of Knights Landing Ridge Drainage District. 
 
 1290. Validating Formation of Los Angeles County Drainage District Impeovi5- 
 
 MENT No. 1. 
 
 1291. Validating Formation of Los Angeles County Drainage District Improve- 
 
 ment No. 3. 
 
 1292. Validating Formation and Determining Boundaries of Merced County Drain- 
 
 age Improvement District No. 1. 
 
 1293. Validating Formation and Determining Boundaries or Merced County 
 
 Drainage Improvement District No. 2. 
 
 1294. Sacramento River Drainage District. 
 
 1295. Yolo Basin Drainage District. 
 1290. Yolo and Colusa Drainage District.
 
 Acts 12S0, 1281 
 
 GEXERAI. I.AWS. 
 
 B54 
 
 DRAINAGE COMMISSIONERS, DISTRICTS AND FUND. 
 ACT 1280 — An act to promote drainage. 
 
 History: Approved April 23, 1880, Stats. 1880, p. 123. 
 
 1. Constitutionality — Title of act is vio- 
 lative of section 24, article IV, of the con- 
 stitution providing that every act shall 
 embrace but one subject, which shall be ex- 
 pressed in the title. — People v. Parks, 58 
 Cal. 624; Doane v. Weil, 58 Cal. 334. 
 
 2. \%'here a subject embraced in the title 
 of the act is so conjoined inseparably with 
 other subjects not embraced in the title 
 that it is impossible to disjoin them, the 
 court can not adjudge one void and the 
 other valid, as it might do otherwise under 
 section 24, article IV, of the constitution. — 
 People V. Parks, 58 Cal. 624; Doane v. "Weil, 
 58 Cal. 334. 
 
 3. Same — "Other operations." — The phrase 
 "other operations" has no clear meaning in 
 the act, and so many subjects not expressed 
 in the title may be concealed under it that 
 its presence renders it obnoxious to section 
 24, article IV of the constitution. — People 
 V. Parks, 58 Cal. 624; Doane v. Weil, 58 Cal. 
 334. 
 
 4. Same — "Storapre of debris" and "Pro- 
 motion of drainage" rff a district are sub- 
 jects so essentially different as to render 
 the act obnoxious to the provisions of sec- 
 tion 24, article IV of the constitution. — 
 People v. Parks, 58 Cal. 624; Doane v. Weil, 
 58 Cal. 334. 
 
 5. The storage of debris is a private en- 
 terprise and the legislation has no power 
 to impose taxes for such a purpose, as it has 
 for the promotion of drainage which is a 
 public purpose. — People v. Parks, 58 Cal. 
 624; Doane v. Weil, 58 Cal. 334. 
 
 6. Same — Two heterogeneous subjects 
 which can not be segregated are embraced 
 in the title, and the title does not express 
 all the subjects of legislation embodied in 
 the act, and the act is therefore obnoxious 
 to the provisions of section 24, article IV 
 of the constitution and is invalid. — People 
 V. Parks, 58 Cal. 624; Doane v. Weil, 58 Cal. 
 334. 
 
 7. Same — Deleg^ation of le;;is]ative poorer. 
 
 — The act is a delegation of legislative 
 power to the drainage commissioners, and 
 is therefore obnoxious to the provisions of 
 section 1, article III of the constitution. — 
 People V. Parks, 58 Cal. 624; Doane v. Weil. 
 58 Cal. 334. 
 
 7a. Delegation of legislative poT«'er to an 
 executive officer. — The power of the county 
 surveyor under the act are ministerial and 
 not legislative, and the act is not violative 
 of section 1, article III of the constitution. 
 — Holley V. Orange County, 106 Cal. 420, 39 
 Pac. 790. 
 
 8. Same — Power of taxation. — The act is 
 void because it authorizes duplicate and 
 triplicate taxation for the same purpose 
 upon the same property in territory which 
 has not been made a special taxing district, 
 and is void as violative of that equality and 
 uniformity of taxation required by the con- 
 stitution. — People v. Parks, 58 Cal. 624: 
 Doane v. Weil, 58 Cal. 334. 
 
 9. Same — I..ocal taxation. — The act au- 
 thorizes a quasi municipal corporation to 
 levy taxes for the general public benefit, 
 without constitutional power to do so (§ 12. 
 article XI, constitution), and is for that 
 reason, void. — People v. Parks, 58 Cal. 624: 
 Doane v. Weil, 58 Cal. 334. 
 
 10. Some — Act of 3Iarch 10, 1SS5, Stats. 
 1S8.5, p. 78, appropriating money to pay 
 warrants for claims incurred under the act 
 of April 23, 1880, is constitutional and valid, 
 notwithstanding the latter act has been de- 
 clared unconstitutional by the court. — Mil- 
 ler v. Dunn, 72 Cal. 462, 1 Am. St. Rep. 67. 
 14 Pac. 27. See Miller v. Dunn, 2 Cal. Un- 
 rep. 673, 11 Pac. 604, department decision, 
 overruled. 
 
 fl. Repeal of act by county grovemment 
 act. — The act is not repealed by the county 
 government act of 1893. — Holley v. Orange 
 County, 106 Cal. 420, 39 Pac. 790. 
 
 DRAINAGE OF AGRICULTURAL, SWAMP AND OVERFLOWED LANDS. 
 ACT 1281 — An act to provide a system of drainage for agricultural, swamp, and over- 
 flowed lands. 
 
 History: Approved March 3, 1881, Stats. 1881, p. 15. Amended 
 March 27, 1897, Stats. 1897, p. 220. 
 
 See later act. Act 1283. 
 
 1. Constitutionality — Private use. — The 
 
 act is unconstitutional on the ground that 
 It authorizes the taking of private property 
 for private use, in contravention of section 1, 
 article XIV, of the constitution. — Nickey v. 
 Stearns Ranches Co., 126 Cal. 150, 58 Pac. 
 459. 
 
 2. Same — Prior decision. — The case of 
 Holley v. County of Orange, 106 Cal. 420, 
 
 39 Pac. 790, did not involve the question of 
 constitutionality here involved, and was be- 
 tween different parties, and has no binding 
 force in this case. — Nickey v. Stearns 
 Ranchos Co., 126 Cal. 150, 58 Pac. 459. 
 
 3. Superseded. — The act was not incon- 
 sistent with the act of 1885, and was not 
 superseded by that act. — Nickey v. Stearns 
 Ranchos Co., 126 Cal. 150, 58 Pac. 459.
 
 555 DRAINAGE DISTRICTS. Act 1282, §§ 1-5 
 
 DRAINAGE DISTRICT ACT OF 1885. 
 
 ACT 1282 — An act to promote drainage. 
 
 History: Approved March 18, 1885, Stats. 1885, p. 204. Amended 
 March 31, 1891, Stats. 1891, p. 262; February 19, 1909, Stats. 1909, 
 p. 25; May 21, 1917. In effect July 27, 1917. Stats. 1917, p. 782. 
 
 Petition for drainage procedure. Publication. 
 
 § 1. Whenever the owners of two-thirds of any body of land susceptible of one 
 mode of drainage desire to drain the same, they may present to the board of super- 
 visors of the county in which the land, or the greater portion thereof, is situated, at 
 a regular meeting of the board, a petition setting forth that they desire to adopt 
 measures to drain the same, a description of the land, the number of acres in the 
 proposed district, and the number of acres in each tract, and the names of the owners 
 thereof, and names of three persons whom they desire to serve as trustees for the 
 first three months ; the petition must be verified by the affidavit of one of the petitioners, 
 and must be published for four weeks next preceding the hearing thereof, in some 
 newspaper published in the county in which the lands are situated, or if there is no 
 newspaper published in the county, then it must be published in some newspaper 
 having a general circulation in the county, together with a notice stating the date of 
 the meeting of said board on which the petition will be heard, and directing all parties 
 interested to appear on said date and show cause, if any they have, why said petition 
 should not be granted, and an affidavit of such publication must be filed with the clerk 
 of said board at or before the date of jsaid hearing. [Amendment approved Febru- 
 ary 19, 1909. Stats. 1909, p. 25. In effect immediately.] 
 
 District lying in different counties. 
 
 § 2. When a district is situated partly in different counties, the trustees must, after 
 the petition has been granted, forward a copy thereof to the clerk of the board of 
 suiDervisors of any county in which any portion of the district may lie, and the board 
 to which the same is forwarded must not allow another district to be formed within 
 such district, unless with the consent of the trustees thereof. 
 
 Lands improperly included. Boundaries to be defined. 
 
 § 3. If the board of supervisors find upon the hearing of such petition that lands 
 have been improperly included in such district, they may, before fixing the final 
 boundaries, exclude from such district any land which may have been so included, or in- 
 clude any lands adjacent thereto, on petition of any owner of such lands presented at 
 such time of hearing, as they may deem for the best interests of such district. If from 
 the petition and evidence produced at such hearing the board finds that said petition 
 should be granted, it must thereupon, by order, define the boundaries of said district 
 and declare said district duly formed, and the persons named in said petition for the 
 formation of such district, as such, to be the trustees thereof for the first three 
 months, or, until their successors are appointed. [Amendment approved February 19, 
 1909. Stats. 1909, p. 26. In effect immediately.] 
 
 This section was also amended in 1891, Stats. 1891, p. 262. 
 
 Recording petition. 
 
 5 4. The petition for the formation of the district, together with the order of the 
 board, defining its boundaries and forming the same, must be recorded in the office of 
 the recorder of the county in which any of the lands of the district are situated. 
 [Amendment approved February 19, 1909. Stats. 1909, p. 26. In effect immediately.] 
 
 By-laws, adoption of. 
 
 § 5. After the approval of tlje petition the owners of lands embraced within the 
 boundaries of the district, or those owning a majority in acreage thereof must adojjt
 
 Ae« 1282. §§ 6-9 GENERAL LAWS. 556 
 
 by-laws, not inconsistent with the laws of this state for the government and control 
 of the affairs of the district, and for the future appointment of trustees. The by-laws 
 thus adopted must be signed by the owners of lands in the district representing a 
 majority in acreage thereof. By-laws thus adopted may be amended at any time 
 in the same manner in which the original by-laws were adopted. [Amendment ap- 
 proved February 19, 1909. Stats. 1909, p. 26. In effect immediately.] 
 
 Recording "by-laws. 
 
 $ C. The by-laws and all amendments thereto must be filed for record in the office 
 of the recorder in which the district was organized, and recorded in a book kept for 
 the purpose of recording instruments in writing relating to reclamation or drainage 
 districts. [Amendment approved February 19, 1909. Stats. 1909, p. 27. In effect im- 
 mediately.] 
 
 Powers of trustees. Compensation of trustees. 
 
 $ 7. The board of trustees shall have power to elect one of its members president 
 thereof and also a clerk; to employ engineers and others to survey, plan, locate and 
 estimate the cost of the works necessary for the drainage of the lands of the district, 
 and the land needed for a right of way, including drains, canals, sloughs, water-gates, 
 embankments, watercourses and material for construction; to thereafter, at any time. 
 in its discretion, modify or change such original plan or plans, or adopt new, supple- 
 mental or adclitional plan or plans, when, in its judgment, the same shall become 
 necessary; to construct, maintain and keep in repair all works necessary to carry into 
 effect the objects sought to be attained; and to do all other acts and things necessary 
 or required for the drainage of the lands embraced in the district. And the several 
 members of the board shall each be entitled to receive for actual and necessary services 
 performed, and for expenses incurred by them, respectively, for and in the interest 
 of the district, such compensation as the board may determine to be just and reasonable, 
 and shall allow, and the same shall constitute an indebtedness of the district for 
 which warrants of the district must be drawn and paid in the same manner and out of 
 the same fund as other warrants of the district; provided, that no warrant thus drawn 
 shall be valid until approved by the board of supervisors of the county which formed 
 the district. [Amendment approved February 19, 1909. Stats. 1909, p. 27. In effect 
 immediately.] 
 
 Plans and estimates. 
 
 § 8. The board of trustees must report to the board of supervisors of the county, or 
 if the district is situated in more than one county then to the board of supervisors of 
 each county in which the district is situated, the plans of the work and estimates of 
 the costs together with the estimates of the incidental expenses of superintendence, 
 repairs, etc. 
 
 Assessment commissioners. 
 
 ^ 9. The board of supervisors of the county in which the district was formed must 
 appoint three commissioners disinterested persons residing in the county in which 
 the district or some part thereof is situated, and such commissioners must view and 
 assess upon the lands situated in the district a charge proportionate to the whole 
 expense, and to the benefit which will result from such work, which charges must be 
 collected and paid into the county treasury either in cash or in regularly issued war- 
 rants of the district as hereinafter provided, and must be placed by the treasurer to 
 the credit of the district, and paid out for the work of drainage upon the warrants 
 of the trustee approved by the board of supervisoj-s of the county. [Amendment 
 approved February 19, 1909. Stats. 1909, p. 27. In effect immediately.]
 
 657 drainage: districts. Act 1282, §§ 10-14 
 
 Warrants, how paid. 
 
 $ 10. The warrants drawn by the trustees must, after they are approved by the 
 board of supervisors, be presented to the treasurer of the county, and if they are not 
 paid on presentation, like indorsements must be made thereon, and they must be 
 registered in like manner as county warrants and paid in the order of their registration. 
 All warrants from the date of their registration shall bear interest at the rate of six 
 per cent per annum; provided, however, that warrants may be used in the payment 
 of assessments made hereunder without regard to the order of registration. [Amend- 
 ment approved February 19, 1909. Stats. 1909, p. 28. In effect immediately.] 
 
 Payments when district in different counties. 
 
 § 11. If a district is situated partly in different counties the charges must be paid 
 into the treasury of the county in which the particular tract may be situated. 
 
 Further assessment. 
 
 ^ 12. If the original assessment is insufficient to provide for the complete drainage 
 of the lands of the district, or if further assessments are from time to time required 
 to provide for the protection, maintenance, and repairs of the works, the tinistees 
 must present to the board of supervisors by which the district was formed a state- 
 ment of the work to be done and its estimated cost, and the board must make an order 
 directing that the commissioners who made the original assessment, or other com- 
 missioners to be named in such order, to assess the amount of such estimated cost as 
 a charge upon the land in the district, which assessment must be made and collected 
 in the same manner as the original assessment. 
 
 List of charges assessed. Equalization of assessments. 
 
 § 13. The commissioners appointed by the board of supervisors must make a list 
 of the charges assessed against each tract of land, and the list must contain: 
 
 1. A description of each tract assessed. 
 
 2. The number of acres in each tract. 
 
 3. The names of the owners of each tract, if known, and if unknown, that fact; but 
 no mistake in the name of the owner, or supposed owners of the property assessed shall 
 render the assessment thereof invalid. 
 
 4. The amount of the charge assessed against each tract. 
 
 The board of commissioners must, on the completion of such list, cause a notice to be 
 published in some paper published in the county where such district is situated, and 
 also have such notice posted in three places in such district, to the effect that the board 
 of commissioners will, in ten days from the publication of such notice, meet (and 
 they shall also name the time and place of such meeting) as a board of equalization 
 for the purpose of equalizing assessments, and will continue in session as long as may 
 be necessary, not to exceed ten days, at the end of which time, having equalized and 
 adjusted such assessments, the list must then be filed as hereinafter provided. [Amend- 
 ment approved February 19, 1909. Stats. 1909, p. 28. In effect immediately.] 
 
 This section was also amended in 1891, Stats. 1891, p. 263. 
 
 Assessment list, where filed. Pajrments of charges. Unpaid assessments. Actions 
 Procedure. 
 
 $ 14. The list so made must be filed with the county treasurer of the county, or if 
 the district is partly situated in different counties, then the original list must be filed 
 in the county first in order in alphabetical arrangement, and copies thereof, certified by 
 the commissioners, must be filed with the treasurers of each of the other counties. 
 From and after the filing of the list, or certified copies thereof, the charges assessed 
 upon any tract of land in the district constitute a lien thereon, and the list thus pre- 
 pared must remain in the office of the treasurer for thirty days, or longer if ordered by 
 the board of trustees, and during the time it so remains in the office of said treasurer
 
 Act 1282, §14 GENERAL LAWS. 558 
 
 any person may pay the amount of the charges assessed against any tract to the 
 treasurer without costs, either in cash or in regularly issued warrants of the district; 
 or, if so ordered by the board of trustees, said payments may be b}' installments which 
 installments may be paid either in cash or in regularly issued warrants of the district ; 
 and if, at the end of thirty days, or of the longer period fixed by the trustees, all the 
 charges, or all of any installments ordered by thom. have not been paid, the treasurer 
 must return the list to the board of trustees of the district, and all unpaid assess- 
 ments shall bear legal interest from the date of the return of the lists to said board, 
 and shall thereafter be collected and paid in separate installments, of such amounts, 
 and at such times, respectively, as the board, from time to time, in its discretion, may, 
 by order entered in its minutes, direct ; and a cause of action for the collection af any 
 such installments shall accrue at the expiration of twenty days from the date of the 
 order directing its payment; provided, that if any such installments shall remain unpaid 
 at the expiration of said twentj'^ days, then the whole of the assessment against the land 
 owned by the person failing to pay such installment shall become due and payable 
 at once, and may, in the discretion of the board, be collected immediately, in one and 
 the same action. The board of trustees of the district must commence actions for the 
 collection of such delinquent installments, and delinquent assessments, with inteiest 
 thereon, and costs, and for the enforcement of the lien thereof on the land assessed, 
 in the superior court of the county in which the land, or some portion of it, is situated, 
 in which action all persons claiming any interest in said land upon which said assess- 
 ment is levied, and any person necessary to a complete determination of the action, 
 may be joined as defendants in said action. No person holding a conveyance from or 
 under the person to whom the land was assessed or having a lien thereon, which con- 
 veyance or lien does not appear, of record in the proper office at the time of the com- 
 mencement of the action, need be made a party to such action, and the judgment 
 therein rendered, and the proceedings therein had, are as conclusive against the party 
 holding such unrecorded conveyance or lien as if he had been a party to the action. 
 Notice of the pendency of such action may be filed in the office of the county recorder 
 of the county in which the land affected by said action is situated in the same manner 
 and with like effect as in other actions affecting real property. When the name of 
 any person, properly a defendant in any such action, as herein provided, is unknown 
 to the said trustees such person may be joined in said action and be sued by a fictitious 
 name, and if his true name is thereafter, and before final judgment discovered or 
 ascertained the same may be, thereafter, substituted for such fictitious name. Service 
 of the summons in such action shall be made in the same manner as is provided by 
 law for the service or publication of summons in other actions. Assessments on several 
 tracts may be included in the same action, if listed to the same persons, and causes 
 of action on separate assessments on the same land may be included in the same 
 action. In all actions for the collection of delinquent assessments, the court may decree 
 and adjudge a lien against each tract for the amount assessed against the same, and 
 may order it to be sold, on execution or decree, as in other cases of sale of real estate 
 on execution. In any action to enforce said lien or to determine the validitj- of the 
 same, said list, duly executed by said commissioners, or a certified copy thereof shall 
 be prima facie evidence of the matters therein contained, and that said commissioners 
 were duly appointed and qualified, as required by law, and that they did view and 
 assess upon the lands set forth in said list the charges therein contained, and that 
 said charo-es are in proportion to the whole expense and the benefits which will result 
 from the work of drainage for which said assessment was so levied. The judgment 
 or decree must direct that the sale be made for lawful money of the United States. 
 The board of trustees must pay the moneys collected to the county treasurer, who must 
 place the same to the credit of the district. [Amendment approved February 19, 1909. 
 Stats. 1909, p. 28. In effect immediately.]
 
 559 DRAINAGE DISTRICTS. Act 12S2, §§ 15-21 
 
 Executing work. 
 
 ^ 15. The work must be executed under the direction and in the manner prescribed 
 by the board of trustees. 
 
 Account of expenditures. 
 
 ^ 16. The board must keep accurate accounts of all expenditures, which accounts, 
 and all contracts that may be made by them, are open to the inspection of the board 
 of supervisors, and every person interested. 
 
 Purchases by trustees. 
 
 § 17. The trustees may acquire, by purchase, all property necessary to carry out 
 and maintain the system of drainage provided for. 
 
 Eminent domain. 
 
 $ 18. The trustees may acquire, by condemnation, the right of way for canals, drains, 
 embankments, and other works necessary, and may take materials for the construction, 
 maintenance, and repair thereof from lands outside of as well as in the limits of said 
 
 district. 
 
 Same. 
 
 § 19. The provisions of Title VII, Part III, of the Code of Civil Procedure are ap- 
 plicable to, and condemnation herein provided for must be made thereinunder. 
 
 Drainage entirely by owners, procedure. 
 
 ^ 20. Whenever any district of lands susceptible of one mode of drainage is entirely 
 owned by parties who desire to drain the same, and to manage such drainage without 
 the intervention of trustees or the establishment and adoption of by-laws, such parties 
 may file the petition provided for in sections 1 and 2, and they must state therein that 
 they intend to undertake such drainage on their own responsibility. If the petition is 
 granted, the owners of the land shall have all the rights, immunities and privileges 
 possessed by boards of trustees, and in all proceedings the names of owners may be 
 used instead of the names of trustees. [Amendment approved February 19, 1909. 
 Stats. 1909, p. 30. In effect immediately.] 
 
 Disincorporation of drainage district. Taxes for payment of indebtedness. 
 
 § 201/2- Any drainage district organized under the provisions of this act may be 
 disincorporated at any time by proceedings had in the following manner: 
 
 Whenever a petition praying for such disincorporation shall be presented to the 
 trustees of said district, signed by a majority of the electors therein, they shall call 
 an election in the same manner as elections for members of the board of trustees are 
 called, and submit to the electors of said district the question of disincorporation. 
 Said election shall be held in all respects in the same manner as regular elections of 
 trustees of the district. If it appears that two-thirds of the electors voting at said 
 election have voted in favor of disincorporation, the trustees shall cause such fact to 
 be entered upon their minutes, and shall forward a copy of such entry to the board 
 of supervisors of the county in which the district was formed, who shall file the same 
 with their clerk, and from the date of such filing, said district shall be deemed dis- 
 incorporated; provided, that if at the time of the dissolution, or disincorporation ol 
 said district, there be any outstanding bonded or other indebtedness of such district, 
 then taxes for the payment of such bonded or other indebtedness shall be levied and 
 collected the same as if such district has not been dissolved and disincorporated, but 
 for all other purposes such district shall be deemed dissolved and disincorporated from 
 the time of the forwarding of said copy of such entry to said board of supervisors. 
 [New section added May 21, 1917; Stats. 1917, p. 782.] 
 
 § 21. This act shall take effect upon its passage.
 
 Act 1283, § 1 
 
 GENERAL LAWS. 
 
 j(iO 
 
 1. ConMtltutionallty — RalninK question nn 
 
 to. — A person whose land Is not embraced 
 within a proposed drainage district is not 
 entitled to a notice of hearing of the peti- 
 tion to form the district, nor to a notice of 
 any assessment that may be levied and is 
 not entitled to raise the question of the con- 
 stitutionality of the act for its failure to 
 provide for such notices in a condemnation 
 proceeding: for land for a drainage ditch. 
 — Laguna, etc., Dist. v. Chas. Martin Co., 144 
 Cal. 209, 77 Pac. 933. 
 
 2. Same — Police power. — Constitution- 
 ality of act is upheld as an exercise of the 
 police power. — Laguna, etc., Dist. v. Chas. 
 Martin Co., 144 Cal. 209, 77 Pac. 933. See, 
 also, Hagar v. Supervisors of Yolo county, 
 47 Cal. 222. 
 
 3. Same — Pnbllc use. — The land taken 
 under this act is taken for a public use, is 
 for the public benefit, and is taken by a pub- 
 lic corporation acting as a state agency and 
 the act is, therefore, valid. — Laguna, etc., 
 Dist. V. Chas. Martin Co., 144 Cal. 209, 77 
 Pac. 933. 
 
 4. Same — Pnbllc use. — The fact that the 
 taking of land for a drainage district will 
 benefit only those within the district, and 
 that the area of the overflowed land to be 
 drained is less than 160 acres, do not affect 
 the question of the public use. — Laguna, etc., 
 Dist. v. Chas. Martin Co., 144 Cal. 209, 77 
 Pac. 933. 
 
 5. Adjustment of assessment. — The action 
 of the board of equalization in adjusting an 
 assessment under the act is subject to re- 
 view by the courts. — Payne v. Ward, 23 Cal. 
 App. 492, 138 Pac. 967. 
 
 6. Assessments, validity of. — The land- 
 owners may bring suit to nullify the action 
 of the board of equalization in adjusting the 
 
 assessments and to restrain the trustees 
 from foreclosing the assessment liens. 
 — Payne v. Ward, 23 Cal. App. 492, 138 Pac. 
 9C7. 
 
 7. Discretion of comtniN.sioner8 as to ben- 
 eflts. — Wliile no arbitrary assessment can 
 be levied, the judgment of the commis- 
 sioners upon the assessment, after a view 
 of the land as contemplated by the statute, 
 must be presumed to have been the result 
 of a consideration of all the elements nec- 
 essary to a just apportionment of the assess- 
 ment. — Payne v. Ward, 28 Cal. App. 553, 153 
 Pac. 462. See, also. Reclamation Dist. No. 70 
 v Sherman, 11 Cal. App. 399, 105 Pac. 277. 
 
 8. Findingrs as to benefits sufficiently sup- 
 ported, by presumptions of fairness and 
 justice and correctness that attends the 
 action of the commissioners in apportioning 
 the cost and making the levy. — Payne v. 
 Ward, 28 Cal. App. 553, 153 Pac. 462. 
 
 9. The act makes the findings of the com- 
 missioners as to benefits prima facie evi- 
 dence of tlieir correctness. — Payne v. Ward, 
 28 Cal. App. 553, 153 Pac. 462. 
 
 10. Fixing benefits is a matter of judg- 
 ment, and all that is required of the com- 
 missioners and all that could be expected of 
 them, is that they should honestly and intel- 
 ligently investigate the situation, examine 
 the lands, and fix the tax that each piece of 
 land should, in their opinion, properly pay, 
 upon an apportionment of the whole amount 
 to be raised, according to benefits. — Payne 
 v. Ward, 28 Cal. App. 553, 153 Pac. 462. 
 
 11. Superseded. — This act was not incon- 
 sistent with the act of 1881 (Act 1281) and 
 did not supersede that act. — Nickey v. 
 Stearns Ranches Co., 126 Cal. 150, 58 Pac. 
 459. 
 
 DRAINAGE DISTRICT IMPROVEMENT ACT OF 1919. 
 
 ACT 1283 — An act to promote the drainage of wet, swamp and overflowed lands, and 
 
 to promote the public health in the communities in which they lie; providing for the 
 
 issuance of bonds and levying of assessments on lands benefited, to pay the costs 
 
 and expenses thereof. 
 
 History: Approved May 18, 1919. In effect July 22, 1919. Stats. 
 1919, p. 731. Former act of March 21, 1903, Stats. 1903, p. 354, amended 
 May 7, 1915, Stats. 1915, p. 359, repealed by present act, but the 
 latter makes no mention in its title of such repeal. 
 
 Petition for establishment of drainage system. Hearing. 
 
 ^ 1. Whenever twenty or more property owners or the owners of a majority of the 
 land within a district proposed to be organized under this act, which district contains 
 a body of wet, swamp or overflowed lands, susceptible of drainage by a ditch or 
 drain or a system of ditches or drains, and which said district is to be benefited by 
 the construction of any improvements contemplated by this act, shall file with the 
 board of supervisors of the county in which said lands are situated, a petition for the 
 establishment of such ditch or drain, or system of ditches or drains, for the draining 
 of said body of lands, defining the boundary of the district proposed to be bene- 
 fited and defining the boundaries of such body of lands to be drained and 
 giving a general description and approximate location of such ditch or drain, 
 or system of ditches or drains, and shall give said board of supervisors a good and 
 suificient bond, in an amount to be determined by said board, for the payment of
 
 661 DRAINAGE DISTRICTS. Act 1283. § 3 
 
 all costs that may accrue; provided, said petition shall not be granted, said board 
 shall, within thirty days after the filing of said petition, appoint a day for the hearing 
 of the same, which shall be not less than fifteen nor more than forty days after such 
 appointment; and shall, also, cause to be published in some newspaper published and 
 having a general circulation in the county, a copy of said petition, together with a 
 notice by the clerk of said board of the time and place set for hearing said petition; 
 said publication shall be at least once each week in a daily or weekly newspaper and 
 for at least two weeks next preceding the time set for said hearing. 
 
 When lands lie within more than one county. 
 
 § 2. Whenever a portion of the lands in the district proposed to be formed here- 
 under, and to be benefited thereby, lie within the boundaries of more than one county, 
 the petition shall be presented to the board of supervisors of the county within 
 which lie the greatest portion of lands of the proposed district, signed by at least 
 ten property owners or the owners of a majority of the land of the district within 
 each of the counties to be affected, which petition shall set forth and particularly 
 describe the proposed boundaries of such district, and all other matters required by 
 section one hereof. 
 
 Jurisdiction. 
 
 Said board of supervisors of the county within which lie the greatest portion of 
 the lands of the proposed district shall have jurisdiction to proceed as in the manner 
 herein provided, and the officers of said county having jurisdiction, shall, as provided 
 in this act, be the officers of said district and shall have the powers and duties herein 
 provided. The several notices in this act provided to be given or published shall, 
 whenever possible, be respectivel}^ given or published in the manner prescribed, within 
 the boundaries of the several counties respectively. 
 
 Pajnnent of assessments by counties. 
 
 Upon filing with the recorder and tax collector of said counties of the certified copy 
 of the plat and report of the engineer of construction and the order of said board 
 levying the special assessments as hereinafter provided, said county or counties other 
 than the county having jurisdiction shall each year collect and pay over to the county 
 having jurisdiction, the total amount of the assessments levied for said year upon the 
 lands within their resjiective boundaries as levied in said report of the engineer of 
 construction and adopted by the order of the board of supervisors of the county having 
 jurisdiction. Thereafter all costs of every nature which may be incurred or made 
 necessary in the keeping up or preservation of any work or improvement done under 
 the provisions of this section, shall be borne by the county or counties affected 
 by such work or improvement. 
 
 When part of municipality included. 
 
 Whenever a portion of any ditch or drain or system of ditches or drains for the 
 drainage of any such body of wet, swamp, or overfiowed lands will cross or run along 
 the boundary line of any municipal corporation, or when said board of supervisors 
 find that adjacent territory within a municipality will be benefited by such work or 
 improvement, such adjacent teiTitory may be included within the boundaries of such 
 proposed district. Any such territory included within a district formed under this 
 act shall be subject to its provisions. Any work of any improvement herein contem- 
 plated to be done may be done either within or without the boundaries of the district 
 organized therefor as may be necessary properly to drain by a ditch or drain or a 
 system of ditches or drains any body of wet, swamp or overflowed lands within said 
 district. 
 
 Gen. Laws — 36
 
 Act 12S3. §§ 3-6 GE3NERAL. LAWS. 562 
 
 Action on petition. 
 
 § 3. The board of supervisors shall, in its discretion, in conclusion of the afore- 
 mentioned hearing and as a sufficient determination of all questions arising at said 
 hearing, by resolution to be entered upon its minutes, grant or deny said petition. Said 
 l^etition shall not be granted unless the public health, safety, convenience or welfare 
 will be promoted by the organization of such district. If said petition is granted the 
 resolution granting the same shall so state. If the petition includes any portion of an 
 incorporated municipality, as provided in section two of this act, the board of 
 supervisors shall by resolution find that said portion of said incorporated municipality 
 will be benefited thereby. 
 
 Duty of county surveyor. Consulting engineer. Attorney. 
 
 § 4. The county surveyor shall be the engineer of construction of said district and 
 his deputies shall be deputy engineers of construction. He shall cause the surveying 
 and other necessary engineering work under this act to be done, and shall survey 
 and measure the work to be done, and shall estimate the costs and expenses thereof, 
 and furnish all plans and specifications, and do all acts appertaining to the duties 
 of the engineer of construction. Every certificate signed by him or by any of his 
 deputies shall be prima facie evidence of the truth of its contents. He shall as in 
 other cases keep a record of all surveys made under the provisions of this act. The 
 board of supervisors may appoint a consulting engineer to assist the engineer of 
 construction, or an attorney for the district, or both, should said board deem it for 
 the best interests of the district. The compensation of said consulting engineer and 
 of said attorney, if appointed, or the rate, or basis for computing the same shall be 
 fixed and stated in the resolution of appointment, which said resolution shall be 
 entered in the minutes of the board of supervisors. 
 
 Specifications. Approval by state reclamation hoard. 
 
 § 5. Before the passing of any resolution of intention under this act, plans and 
 specifications for work substantially the same as that described in the petition for 
 the establishment of said district, and for a dis'trict substantially the same as that 
 described in said petition, shall be prepared by the engineer of construction. If the 
 work to be constructed is of such a nature and in such location as to be within the 
 jurisdiction of the state reclamation board, the approval of that said board shall be 
 obtained before the plans are adopted. 
 
 Said specifications shall include an estimate of the aggregate amount of the cost and 
 incidental expenses of the work and the cost of the proceedings and shall be signed 
 by the engineer of construction and be filed with the clerk of the board of supervisors. 
 
 Resolution of intention. 
 
 ^ 6. Before ordering any work to be done under this act, the board of supervisors 
 shall pass a resolution of intention so to do. Such resolution may in form, and shall 
 in substance, be as following (filling all blanks) : 
 
 In the matter of drainage district improvement No. 
 
 Resolution of Intention No (both numbers being that of the district). 
 
 Resolved, That it is the intention of the board of supervisors of the county of 
 
 , state of California, proceeding under and by virtue of the drainage 
 
 district improvement act of 1919, and in the matter of drainage district improvement 
 
 district No (the number being that of the district), on the day of 
 
 , 19. . . ., at the hour of ... .m. of that day, or as soon thereafter as 
 
 the matter can be heard, at the chambers of said board, to order work to be done, 
 as follows: (here insert a description of the work, stating the territorial extent 
 thereof with all reasonable exactness, and other particulars generally, yet so as to
 
 563 DRAINAGE DISTRICTS. Act 1283, § 7 
 
 indicate fairly and approximately its probable cost), the said work to be done in 
 accordance with the plans and specifications therefor filed with the clerk of said board 
 
 on the day of , 19. . . ., except as the boundaries of the district 
 
 and the plans and specifications may be changed at the hearing hereinafter provided, 
 which plans and specifications are made a part hereof, and to which all persons are 
 referred for further particulars. For the cost and incidental expenses of the work 
 and the cost of the proceeding, bonds will be issued in the total amount thereof, due 
 
 and payable in annual installments bearing interest at the rate of 
 
 per cent per annum, payable semiannually, all in gold coin of the United States. 
 
 A special fund for the payment of said bonds and interest thereon, to be designated 
 
 drainage district improvement No (the number being that of the district) 
 
 interest and sinking fund, is to be constituted by the levy and collection of special 
 assessment taxes upon all land within a district to be known as * ' drainage improvement 
 district No of the county of " 
 
 Such district (as proposed) being all that territory in the county or counties of 
 
 , state of California, within exterior boundaries as follows, to wit: 
 
 (the blank to be filled with a careful statement of the exterior boundaries of the 
 district). 
 
 Notice is hereby given that at the time herein specified for ordering the work, the 
 
 matter of said drainage district improvement No will come up for hearing, and 
 
 all objections which under the provisions of said drainage district improvement act 
 of 1919, are entitled to be heard or determined, will then be heard and determined, 
 and the boundaries of said district and the plans and specifications will be then finally 
 determined and established. 
 
 The (here insert name and character of newspaper. If the district 
 
 include lands within more than one county, as provided in section two, a newspaper, if 
 any, published in each county, shall be designated) is (or are) hereby designated as 
 the newspaper (or newspapers) for making publication of this resolution and for 
 making all other publications in the proceeding. 
 
 The county surveyor is hereby appointed to superintend the work of said improvement. 
 
 The foregoing resolution was, on the day of , 19. . . ., passed by the 
 
 board of supervisors of the county of , state of California. 
 
 Attest : 
 
 Clerk of the board of supervisors of said county of 
 
 By , deputy clerk. 
 
 Publication and posting of resolution. Affidavit of publication. 
 
 ^ 7. Such resolution of intention shall be filed, and be published by at least two 
 insertions in the newspaper or newspapers therein designated, which shall be a news- 
 paper or newspapers published and circulated in the county or counties, or, if there be 
 no such newspaper, then in any newspaper designated by said board of supervisors 
 in such resolution. Printed copies of such resolution, headed, "notice of drainage 
 district improvement," such heading to be in letters not less than one inch in height, 
 shall, by the engineer of construction, be posted along the line of work described in 
 said resolution, at a distance of not more than three hundred feet apart, but not less 
 than three notices in all. Affidavits by the person so publishing or posting, in proof 
 of such publication and posting, shall be filed with the clerk of the board of super- 
 visors. When, before the day of the hearing specified in the resolution of intention, 
 twenty days, including Sundays and holidays, have elapsed since the posting and the 
 first publication (they need not be simultaneous) of the resolution of intention, the 
 board of supervisors shall have acquired i30wer to proceed with such hearing and 'to 
 act in the proceeding as herein authorized. The determination of the board of super-
 
 Act 12S3, g§ S, 9 GENERAL LAWS. 0G4 
 
 visors to proceed with such hearing, whether evidenced by an express declaration or 
 by its proceedings with the hearing, shall be prima facie evidence of the existence of all 
 the facts upon which the power of the board to proceed depends, except such as are 
 required to appear of record in the proceeding, and except, also, in so far as rebutted 
 by the record in the proceeding. 
 
 Objections. 
 
 § 8. At any time before the day in the resolution of intention specified for ordering 
 the work and the hearing of the matter, any property owner may, alone or with other 
 property owners, file with the clerk of the board of supervisors written objection to 
 the ordering of the work, as an entirely [sic] but not merely to some part thereof, as 
 described in the resolution of intention; provided, that the objection of any person 
 who ceases to be such property owner before the day of said hearing shall not then 
 be heard. Property owners within the meaning of this act are those and those only, 
 who own property which will be liable to assessment hereunder, and an executor or 
 administrator shall be deemed representative of his decedent, and a trustee of an 
 express trust in land other than as security for the payment of money, of the land so 
 held in trust, and a trustee in bankruptcy, of the bankrupt. 
 
 Next after in order of hearing, the board shall proceed to hear such objections as 
 may be made to the plans and specifications, and then such objections as shall be made 
 to the boundaries of the district as set forth in the resolution of intention. Objection 
 to the plans and specifications or to the boundaries of the district may be made by any 
 property owner upon the hearing without filing any written statement thereof. The 
 hearing may be continued from time to time by the board of supervisors by an order 
 to be entered in the minutes of the board. 
 
 Finding of board. Boundaries. Notice inviting sealed proposals. 
 
 § 9. The board of supervisors shall in conclusion of the aforementioned hearing, 
 and as a sufficient determination of all questions arising thereat, by resolution or reso- 
 lutions to be entered upon its minutes, declare its finding determining, in its discretion, 
 either that the work shall be ordered or that all proceedings shall be abandoned. If 
 said board determines that said work shall be ordered it shall further determine the 
 boundaries of the district and finally approve the plans and specifications. If no 
 changes be made in the boundaries of the district as set forth in the resolution of 
 intention, it shall be sufficient to state that the boundaries of the district are those set 
 forth in the resolution of intention; if any change of such boundaries is made, the 
 boundaries of the district, as finally determined, shall be fully set forth. If no change 
 be made in the plans and specifications, it shall be sufficient to state that such plans 
 and specifications are approved. In either case, the boundaries of the district so deter- 
 mined shall be the boundaries of the district for all purposes of the proceeding and 
 until any bonds to be issued for the cost of the work shall have been fully paid and 
 discharged; the plans and specifications so approved shall be the plans and specifica- 
 tions of the district for all the purposes of proceeding. The boundaries of the district, 
 as set forth in the resolution of intention, shall not be so changed as to include within 
 the district any territory not within the boundaries as set forth in said resolution, nor 
 so that the place or locality of any work as finally approved and originally planned 
 to be within the district shall be excluded from the boundaries of the district as 
 finally determined. In like manner the board of supervisors may order the work to 
 be done, and if it so do, shall fix a time for receiving proposals or bids for doing the 
 work, and direct the clerk to give notice, inviting sealed proposals or bids. Such 
 notice shall include a statement that the work is to be done under the provisions of 
 the drainage district improvement act of 1919, and according to the plans and specifi- 
 cations on file, except in so far as such plans and specifications were changed by the 
 board of supervisors in conclusion of the hearing in said act provided; to which said
 
 5G5 DRAINAGE DISTRICTS. Act 1283, §§ 10-12 
 
 act, to the resolution of intention and all proceedings had thereunder the attention of 
 bidders is hereby directed, and which are by this reference made part of this notice. 
 
 Publication of notice. 
 
 § 10. The notice inviting sealed proposals or bids shall be published by at least 
 two insertions in the newspaper or newspaj^ers designated in the resolution of intention, 
 and (though it need not be simultaneously) a copy or copies of the same shall be 
 posted and kept posted for five days, at or near the chamber door of the board of 
 supervisors. All proposals or bids shall be accompanied by a check, payable to the 
 county, certified by a responsible bank in an amount not less than ten per cent of the 
 aggregate of the proposal or bid, or by a bond in such amount running to the county, 
 signed by the bidder, with two sureties qualifying before an officer competent to 
 administer oaths, each in said amount over and above all statutory exemptions, or 
 executed by some bonding company acceptable to said board of supervisors. Said pro- 
 posals or bids shall be delivered to the clerk of said board. 
 
 Award to lowest bidder. Notice of award. Bidder to pay expenses of publishing 
 
 resolutions. 
 
 $ 11. Said board shall, in open session, open and examine and declare the same. 
 No proposal or bid shall be considered unless accompanied by such check or such bond 
 in terms satisfactory to the board. The board may reject any and all proposals or bids 
 should it deem it for the public good, and shall reject all proposals or bids other than 
 the lowest regular proposal or bid of any responsible bidder, and may award the 
 contract for said work to the lowest responsible bidder at the price named in his bid. 
 
 A notice of such award, attested by 'the clerk of the board of supervisors shall be 
 transmitted to the successful bidder by mail by the clerk of the board of supervisors, 
 and shall also be published and posted in the manner herein provided as to the notice 
 inviting proposals or bids. 
 
 The check or bond accompanying such accepted proposal or bid shall be kept by the 
 clerk of said board until the contract for doing said work, as hereinafter provided, has 
 been entered into. Checks or bonds of unsuccessful bidders shall be returned by the 
 clerk of said board. If said successful bidder fails, neglects or refuses for fifteen days 
 after being awarded the contract to execute the same, the certified cheek accom- 
 panying his bid, and the amount thereof shall be declared forfeited to the county, and 
 may be collected by it and paid into the interest and sinking fund of the district, and 
 any bond forfeited may be prosecuted, and the amount thereof collected and paid into 
 said fund. 
 
 Before being entitled to a contract the bidder to whom the award thereof has been 
 made must advance and pay to the clerk of the board of supervisors, the costs and 
 expenses of publishing and posting the resolutions, notices and orders required under 
 this act to be made, which have been made, given, posted or published in the 
 proceeding. 
 
 If for fifteen days after being awarded the contract, the awardee fails, neglects or 
 refuses to execute the same, the board of supervisors may direct the clerk of the 
 board to give notice as in the first instance, inviting sealed proposals or bids, and 
 thereupon, after receiving bids shall award as in the first instance; and as in the case 
 of the default of a first awardee, so also in the case of a second or any subsequent 
 awardees. 
 
 Estimate of cost of work. Assessment of benefits. Report to board. Notice of hear- 
 ing on report. Objections. Hearing. Action of board. Levy of special assessment. 
 Special fund to retire bonds. Delinquent installments. Ad valorem tax for main- 
 tenance fund. 
 § 12. After adopting said plans and specifications as hereinabove provided, and 
 
 before executing a conti-act for the construction of the improvement, the board of
 
 Act 1283, § 12 GENERAL LAWS. 566 
 
 supervisors shall direct the engineer of construction to estimate the total cost of making 
 the proposed improvements and performing such proposed work (which estimate shall 
 include all expenses of every kind incurred or to be incurred, either directly or indi- 
 rectly, in carrying out said work and improvements), and to assess the same in pro- 
 portion to the benefits thereof to the lands in said district, and to do all things proper 
 and necessary to carry out the provisions of this act. 
 
 Said engineer of construction shall proceed to view the lands within the district 
 and may examine witnesses under oath. He shall proceed to assess against the land 
 within said district the estimated amounts of the cost of the proposed work or improve- 
 ment and the expenses incident thereto, in proportion to the benefits to be derived from 
 said work or improvement so far as he reasonably can estimate the same, including 
 in such estimate of benefits the real property of any railroad company within said 
 district, if such there be. He shall state the amounts to be assessed on each parcel of 
 land separately, and shall divide the total assessment on each parcel of land into yearly 
 installments of amounts clearly sufficient to retire the bonds and to pay the interest 
 thereon for each year that said assessment shall continue. 
 
 In estimating the total cost and expenses of doing said work, the engineer of con- 
 struction shall be governed by the amount he deems necessary to pay the principal 
 and interest on bonds to be issued therefor as herein set forth and all incidental 
 expenses to be incurred as herein authorized. Such estimate shall be based upon the 
 amount bid by the successful bidder for doing the work as set forth in the plans and 
 specifications together with an estimate of the incidental expenses to be incurred. 
 
 The engineer of construction having made hi,s assessment of the benefits, shall with 
 all diligence, and before the board of supervisors declares the work to have been com- 
 pleted, make a written report thereof to, and file the same with, said board, and shall 
 accompany said report with a plat of the district showing the relative location of each 
 block, lot or portion of lot, or other piece of land and its dimensions so far as he can 
 reasonably ascertain the same. Each block and lot, or portion of lot, or other parcel 
 or parcels of land affected or assessed shall be designated and described in said plat 
 by an appropriate number and a reference to it by such descriptive number shall be 
 sufficient description of it in all respects. Said report of said engineer of construc- 
 tion shall also state the names of the persons owning lands over which a right of waj' 
 for said improvement has been obtained, as well as the name of any lessee, encum- 
 brancer, or other person having an interest in said land over which a right of way has 
 been obtained, together with the particulars of their interest therein, and together with 
 a waiver of any interest they may have had in said land so obtained for said right of 
 way. Errors in the designation of the owner or owners of any land or improvement 
 or any interest therein, or of the particulars of their interest, shall not affect the 
 validity of the assessment. 
 
 The report of such engineer of construction and the affidavit accompanying it shall 
 be filed with the clerk of the board of supervisors, and said board shall thereupon fix 
 a time for the hearing thereon, and thereupon the clerk of said board shall give notice 
 of said hearing by publication once each week for at least three weeks prior to the 
 time fixed for said hearing, in the newspaper or newspapers designated in the resolu- 
 tion of intention. Such notice shall be substantially in the following form: 
 
 Notice of the filing of the report of the engineer of construction of drainage improve- 
 ment district No (the number being that of the district) of the county of 
 
 Notice is hereby given that the engineer of construction of drainage improvement 
 
 district No (the number being that of the district), did on the day of 
 
 , 19. . . ., file his report of the assessment of benefits in said district with 
 
 the clerk of the board of supervisors of said county, which said report is now on file 
 in the office of the said board of supervisors in the city of , of said county,
 
 667 DK.VIX.VGE DISTRICTS. Act 12S3, g 12 
 
 and that said report ■will be heard by said board at its chamber on the da}' of 
 
 , 19 , at the hour of ....m. Said report and the map, plans and 
 
 specifications of the improvements mentioned therein are hereby referred to for further 
 particulars. All persons interested are hereby required to show cause, if any they 
 have, at the time and place fixed for said hearing, why such report should not be 
 adopted and confirmed by said board, and why the several parcels of land referred to 
 in said report should not be assessed for said improvement as therein set forth. All 
 objections shall be in writing, signed by the person objecting, and filed with the clerk 
 of said board at least one day prior to the time fixed for the hearing of said report. 
 
 Signed, 
 
 Clerk of the board of supervisors, county. 
 
 Any property owner may file with the clerk of said board at least one day before the 
 time fixed for the hearing, a written objection to said report, or to any part thereof, 
 to the assessment as a whole or to the assessments on the several parcels of land, as 
 set forth in said report. At the time fixed for such hearing or at any time to which 
 the hearing may be adjourned, the board of supervisors shall hear and pass upon all 
 objections so filed, and shall proceed to pass upon said report and the assessments 
 therein contained, and may confirm, correct or modify the same, or may direct the 
 engineer of construction to make a new assessment, report and plat which shall be 
 filed, heard and acted upon in the same manner, and on like notice as an original 
 report. The action of the board upon the report and objections thereto shall be final 
 and conclusive as to all matters therein, and no assessment shall be set aside except 
 upon such hearing for any error, defect, or informality therein, or in the proceedings 
 prior thereto, where notice of the hearing of the report has been given as herein 
 prescribed. The board of supervisors shall, upon the adoption of said report, bj^ order 
 entered upon its minutes, levy against and upon all lands within said drainage improve- 
 ment district No (being the district as described and bounded in the order for 
 
 the work to be done) a special assessment upon the lands found to be benefited by 
 such improvement in the amount set forth in the said report of the engineer of con- 
 struction as adopted by the board of supervisors, and which said amount shall be 
 available for the payment of said bonds and the interest thereon. Said assessment 
 shall be payable as herein provided at the times and in the amounts indicated in said 
 report of said engineer of construction. When the said board has levied the special 
 assessment as hereinabove set forth, the clerk of said board shall cause to be filed 
 with the recorder, and with the tax collector of the county or counties in which the 
 district is situated, certified copies of the plat and report as adopted and confirmed 
 by said board, together with certified copies of the order of said board levjaug said 
 special assessment, and also give to the county auditor notice of the total amount of 
 the installments for each year. If the district lies within more than one county as 
 provided in section two, said certified copies shall be filed with the recorder and tax 
 collector of each county affected. Upon the filing of such certified copies the charges 
 assessed upon each piece of land for the first year shall immediately become due and 
 payable, and shall constitute a lien thereon; thereafter the installments for the suc- 
 ceeding year shall become due and payable on the third Monday of October of each 
 j^ear, and shall thereupon constitute a lien upon the land against which it is assessed. 
 
 All moneys paid upon such assessment, either by property owners or by the county 
 or municipality affected, shall be placed in the countj' treasury of the county in which 
 such district was organized in a special fund to be known as drainage district improve- 
 ment No interest and sinking fund (the number being that of the district), 
 
 and shall be used only to retire the bonds issued to pay the cost of constructing the 
 improvement and the incidental expenses thereof, and to pay the interest on said bonds. 
 Any surplus remaining shall be paid into the maintenance fund of said district. Upon 
 the filing of the certified copy of the report, assessment plat, and order with the tax
 
 Act 12S3, § 13 G10Xi:U VI. LAWS. S«S 
 
 collector of the county or counties as above provided, the tax collector shall give 
 notice by ten days publication in the newspaper designated in the resolution of inten- 
 tion, that the assessment list of drainage improvement district No has been 
 
 tiled in his office, with the date of such tiling; that the first installments entered 
 thereon are due and payable, and that if not paid on or before the last Monday of 
 April next ensuing the same will become delinquent and will be collected as are delin- 
 quent taxes. He shall note on said assessment list all assessments paid, and give 
 receipts as upon the payment of taxes, and shall pay all money collected into the county 
 treasury at the same time and in the same manner as money collected for taxes. 
 
 Subsequent collections of installments shall be made in the manner above set forth, 
 and the tax collector shall annually publish a like notice, and the same proceedings 
 shall be had as upon the collection of the first installment. 
 
 When said installments have become delinquent the tax collector of the county shall 
 proceed to collect the same, together with an additional ten per cent added thereon, 
 and pay the same over to the county treasurer as state and county taxes are collected 
 and paid over; for the purpose of collecting such assessments and delinquent install- 
 ments and penalties, all of the provisions of chapter seven, title nine, part three of the 
 Political Code not in conflict with any of the provisions of this act are hereby made 
 applicable. The entire assessment against a parcel of land within the district, subse- 
 quent installments as well as the installment for the current year, may at any time be 
 paid in full. 
 
 The board of supervisors shall each year, at the time of making the levy of taxes 
 for county purposes, levy an ad valorem tax upon the real estate in each drainage 
 improvement district in their county organized under this act in an amount sufficient 
 to raise the revenue which will be needed for the current year for maintaining and 
 repairing the works and improvements for said district. Said tax, when levied, shall 
 be entered upon the assessment roll and collected in the same manner as state and 
 county taxes. When collected it shall be placed in the treasury' of the county in a fund 
 
 to be designated "drainage district improvement No maintenance fund," (the 
 
 number being that of the district), and shall be used only for the purpose for which 
 it was raised. If said district includes land within more than one county as above 
 provided in section two, the ad valorem tax herein provided to be levied, shall, by each 
 of said counties be collected as to the lands lying within its boundaries; and said 
 counties shall pay said tax so collected over to the county having jurisdiction of said 
 district. 
 
 Execution of contract. 
 
 § 13. The chairman of the board of supervisors is hereby authorized, in the name 
 of the county to execute the contract with the awardee thereof, and to receive and 
 approve all bonds required by this act on the part of the awardee, and shall, by the 
 terms of said contract, fix the time for the beginning of the work, which shall not be 
 more than twenty days from the date thereof. The contract shall provide that the 
 work shall be prosecuted with diligence until completed, and shall fix a time for such 
 completion. Such time of completion may be extended from time to time by the board 
 of supervisors, in its discretion, and by resolution, entered by the clerk in the minutes 
 of said board, a copy of which shall by said clerk be endorsed upon or annexed to the 
 contract. 
 
 Bond of contractor. 
 
 Before the execution of such contract, a bond shall be executed and filed, running 
 to the county, in an amount not less than one-half of the contract price of the work, 
 signed by the contractor and two or more sureties, who, unless surety companies, shall 
 qualify before an officer entitled to administer the oath, in a sum aggregately equal 
 to the amount of the bond, each surety in the amount for which he becomes surely.
 
 569 DRAINAGE DISTRICTS. Act 12S3, § 1 t 
 
 Such bond shall be conditioned for the faithful execution of the contract by the con- 
 tractor, and for the payment by him for all labor and materials furnished for or in 
 the doing of the work. The form and sufficiency of said bond shall be passed upon 
 by some member of the board of supervisors, and sucii bond shall inure as well to 
 the benefit of any and all persons furnishing labor or materials for the work as to that 
 of the county. 
 
 County to issue bonds. 
 
 By said contract the county shall undertake that the board of supervisors will, upon 
 the fulfillment and performance of the contract on the part of the contractor, and 
 under the provisions of the drainage district improvement act of 1919 take all steps, 
 in or by said act authorized to be taken, to effect the issuing by the county treasurer 
 of the bonds in said act authorized to be issued, and provide a fund for their payment, 
 as in or by said act prescribed. The contract shall state that in no case shall the 
 county be liable thereunder, nor any officer thereof be holden thereunder except for 
 the discharge of official duty under the law. 
 
 Taking over or reletting contract. 
 
 If the contractor shall fail to begin in good faith the work provided for in said 
 contract within the time in said contract set forth, or shall fail thereafter to prosecute 
 said work in a workmanlike and diligent manner, or shall fail in any other respect 
 to carry out the terms of said contract, then the board of supervisors shall cause 
 written notice to be served upon said contractor, specifying the particular in which 
 he is not fulfilling the requirements of said contract, and if for a period of three days 
 thereafter said contractor shall fail to remedy the defects set forth in said notice, 
 and to prosecute said work thereafter with diligence and in a workmanlike manner, 
 then the board of supervisors shall either take over said contract and complete said 
 work, or shall relet said contract, without the necessity of advertising for bids, and 
 cause the work to be completed, and shall declare the bond given by said contractor 
 forfeited and order suit brought thereon, and all moneys collected therefrom shall be 
 paid into the interest and sinking fund of the district. 
 
 Action on bond for material or labor furnished. 
 
 If the contractor shall fail to pay for any labor or material furnished for or in the 
 doing of said work by any person, such person may within ninety days after the 
 making of the final order hereinafter referred to, file with the county treasurer a veri- 
 fied statement of such facts, and such person may thereafter, within six months after 
 the filing of such statement, bring an action on said bond in his own name, or if he 
 has assigned his claim, the action may be brought in the name of the assignee ; provided, 
 however, that the right of the county to recover on said bond shall be superior to the 
 rights of any such person to recover thereon; provided, moreover, that if such state- 
 ment shall be filed before the expiration of twenty days from the making of such final 
 order, then the county treasurer shall be authorized to withhold from the contractor 
 sufficient of the bonds, issued as herein provided, to satisfy said claim, and costs, which 
 can reasonably be anticipated. 
 
 Declaration that work has been completed. Hearing to determine whether work will 
 
 be accepted. 
 
 $ 14. As soon as in good faith may be done, there shall be filed with the clerk of 
 the board of supervisors a declaration that the work has been completed according to 
 the contract, together with an itemized statement of all the incidental costs and 
 expenses of the work and the cost of the proceedings inclusive of the estimated cost 
 of publishing the notice of final hearing hereinafter j^rovided. The aggregate amount 
 of such items shall be stated, and also the amount due under the contract; and also the
 
 Act 12S3, § 14 GENERAL LAAVS. 57« 
 
 gross sum for a bond issue representing the entire amount thereof, as claimed by the 
 contractor. The said declaration and statements shall be signed and verified by the 
 engineer of construction and by the contractor or by some person cognizant of the facts 
 signing on his behalf and statir?g why he, instead of the contractor, so signs andverifies. 
 Either signer may except from his signature and verification any amount or item to 
 which he does not assent. The chairman of the board of supervisors shall fix a time 
 for a hearing, to be known as the final hearing, for the purpose of determining whether 
 the work shall be accepted as completed according to the contract, and for determining 
 the aggregate amount for which bonds shall be issued representing the total costs of 
 the work and the incidental costs and expenses of the work and the proceedings, all of 
 which have been charged to and are payable by the contractor. Notice of such hearing 
 shall be given and may, in form, and shall, in substance be as follows (filling the 
 blanks) : 
 
 Notice of final hearing. 
 
 NOTICE OF FINAL HEARING. 
 
 In the matter of drainage district improvement No 
 
 Notice is hereby given that a final hearing in the above named matter will be had 
 
 at the hour of . . . .m, on the day of , 19. . . ., at the chamber of 
 
 the board of supervisors of the county of , state of California, for the 
 
 purpose of determining whether the work done under the contract with 
 
 under resolution of intention No in drainage improvement district No 
 
 of the county of shall be accepted as being performed according to the 
 
 contract, and for determining the aggregate ainount for which bonds shall issue repre- 
 senting the cost of such work, including the incidental costs and expenses of the work 
 and the proceedings, of which a statement has been filed with the clerk of said board 
 
 of supervisors of the county of to which statement the attention of all 
 
 persons interested is hereby directed. 
 
 of the board of super- 
 visors of the county of 
 
 Attest; 
 
 Clerk of said board of supervisors. 
 
 Publication and posting. Ojections. Continuance of hearing. 
 
 Such notice shall be signed by the chairman of the board of supervisors and 
 attested by the clerk of the board of supervisors and published by at least two inser- 
 tions in the newspaper or newspapers designated in the resolution of intention, and a 
 copy or copies thereof posted and kept posted for two days at or near the chamber 
 door of the board of supervisors, the first day of such publication and that of such 
 posting (they need not be simultaneous) to be not less than five days before the day 
 in said notice specified for the hearing. Proof of such publication shall be made by 
 affidavit or affidavits, and the same shall be filed. If a quorum be not present at the 
 time specified in the notice of the hearing, the members of the board then present may 
 continue the hearing; and at all stages the hearing may, by resolution entered in the 
 minutes, be continued from time to time. At any time before the day in said notice 
 specified for the hearing any property owner may file written objection to the accep- 
 tance of the work on the ground that the work has not been completed or done accord- 
 ing to the contract, specifying in ordinary language the particulars in which the work 
 has not been so completed or done. Any person interested in the proceeding, as of the 
 interest of the contractor, shall be presumed to take issue with such objection and 
 shall be heard accordingly. Questions as to the incidental costs or expenses of the 
 Avork or the proceedings may be raised orally by any property owner within the
 
 571 drainage: districts. Act 12S3, §§ 15, 1« 
 
 district. Evidence may be adduced as to any of the matters to be determined, and in 
 such order as the board may direct. If, when the matter has been fully heard, whether 
 under, or in the absence of, objections, the board of supervisors is of the opinion that 
 the work has not been completed or done according to the contract, it shall in writing 
 specify what must be done in order to comjjlete the work, and shall, by an order or 
 resolution to be entered in its minutes, continue the further hearing of the who]e 
 matter to a specified day, expressly stating that such continuance is for the purpose 
 of enabling the contractor to complete his contract. On said continued hearing, the 
 objections to the work filed before the day of the first hearing shall continue in force, 
 and evidence shall be received, if offered, as to what has been done by way of com- 
 pleting the contract in the particulars specified in the order of the board on the said 
 continuance of the hearing. If, upon such continued hearing, the board is of the 
 opinion that the work is still uncompleted in the particulars as to which it was ordered 
 to be completed, it shall be discretional with said board to order or refuse a second 
 continuance of the hearing. If the board does order such second continuance, it shall 
 be ordered in the same manner, with like effect as upon the first continuance; and 
 likewise as to a second and any other or further continuance. Objections to any item 
 of incidental costs and expenses shall pend and be heard on said day, or at any con- 
 tinued hearing had as above in this section provided. Every continuance of said hear- 
 ing for the purpose of enabling the contractor to complete his contract or the work 
 shall continue or revive such powers in the proceeding as the board of supervisors had 
 under the provisions of this act, at the time of the filing of the contractor's declaration 
 that the work was completed, as above provided, and also operate to extend the time 
 for the completion of said contract in such manner that its completion within the time 
 to which the hearing is continued, shall be as valid performance of such contract as if 
 completed at the time of filing such declaration. 
 
 Acceptance of v/ork. 
 
 ^ 15. Whenever upon the hearing in section fourteen provided, whether original or 
 continued, the board shall be of the opinion that the work has been completed and 
 done according to the contract, said board shall by resolution to be entered upon its 
 minutes so declare, and shall in said resolution declare that the work is accepted and 
 the amount of the contract price for doing the work and the amount of the incidental 
 costs and expenses of the work and proceedings and the aggregate amount for which 
 bonds are to be issued and shall make final order that bonds be issued therefor as 
 hereinafter provided. The decision and determination of said board at the hearing 
 provided for in section fourteen shall, as to all matters determined at said hearing 
 and as to all errors, informalities, irregularities, or omissions which said board might 
 have avoided or remedied during the progress of the proceedings, or which it can at 
 that time remedy, be final and conclusive upon all persons entitled to be heard before 
 said board on said matters, and no assessment or tax levied for the payment of the 
 bonds, and the interest thereon, to be issued for said work and expenses, shall be held 
 invalid by any court for any error, informality, omission or other defect in the pro- 
 ceedings where the resolution of intention has been actually published as in this act 
 provided, before the said board shall have ordered the work to be done. 
 
 Bonds to be issued by treasurer. 
 
 ^ 16. Upon the expiration of twenty days after the making of the final order pro- 
 vided in section fifteen of this act, the clerk of the board of supervisors shall transmit 
 to the county treasurer of the county an attested copy of said final order, and upon 
 receipt of the same, the treasurer shall proceed to issue bonds amounting in the ao-ore- 
 gate to the principal sum for which bonds are to be issued as the same is stated in said 
 final order. A bond may be issued in any amount, provided that the aggre"-ate of the 
 bond or bonds made payable in any one year is the proper part of the whole principal
 
 Act 12S3, § 16 GENERAL LAWS. B72 
 
 of the bond issue as specified in said final order, and that the interest thereon shall be 
 payable as hereinafter provided. The said bonds may in form, and shall in substance, 
 be as follows: 
 
 Drainage district improvement bond. 
 
 DRAINAGE DISTRICT IMPROVEMENT BOND. 
 
 County of , State of California. 
 
 Drainage Improvement District No 
 
 $ Bond No 
 
 Under and by virtue of an act of the legislature of the state of California, known 
 as the "drainage district improvement act of 1919" (here may be inserted a further 
 
 designation of the act if desired) the county of , state of California, will 
 
 pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer 
 
 of the said county, on the day of , 19. . . ., the sum of 
 
 dollars in gold coin of the United States of America, with interest thereon, in like 
 
 gold coin at the rate of per cent per annum, payable semiannually on the 
 
 day of and the day of of each year from the 
 
 date hereof (the last installment thereof shall be payable at maturity of this bond) 
 upon presentation and surrender, as they respectively become due, of the proper 
 interest coupons hereto attached, the first of which is for interest from date hereof to 
 the next date of interest payment, and the last for interest to maturity hereof from 
 the last preceding date of interest payment. 
 
 This bond is issued under and in conformity with the provisions of said drainage 
 district improvement act of 1919 and the amendments thereof, and is one of a series 
 
 of bonds of like date and effect numbered from one to consecutively, amounting 
 
 in the aggregate to dollars, issued in behalf of drainage improvement 
 
 district No of said county, which constitute the only indebtedness of said 
 
 district. It is hereby certified, recited and declared that all proceedings, acts and 
 things required by law precedent to or in the issuance of this bond have been regularly 
 had, done and performed, and this bond is by law made conclusive evidence thereof. 
 
 This bond is payable out of drainage district improvement No interest and 
 
 sinking fund exclusively, as the same appears on the books of the treasurer of said 
 county, and neither said county nor any officer thereof shall be holden for its payment 
 otherwise. 
 
 In witness whereof said county has caused this bond to be signed by the chairman 
 of its board of supervisors and countersigned by its treasurer and the seal of said 
 board to be hereto affixed and said interest coupons to be signed by the said treasurer 
 this day of , 19 
 
 Chairman of the board of supervisors of 
 
 the county of 
 
 Countersigned : 
 
 Treasurer of the county of 
 
 [Seal of board of supervisors] 
 
 Term and interest. 
 
 Said bonds shall be signed by the chairman of the board of supervisors and connter- 
 Bigned by the treasurer of the county, and shall have the seal of said board of super- 
 visors thereto affixed, and when so signed shall be binding according to the terms 
 thereof as prescribed in said form. The interest coupons attached to said bonds shall 
 be in such form as said treasurer may determine, subject to the provisions of this act 
 and the approval of the board of su))ervisors. Said coupons need be signed only by 
 the treasurer either in writing or by lithographed or printed facsinaile. Said bonds
 
 573 DRAI.NAGE DISTRICTS. Act 12S3, §§ 17, 18 
 
 shall be delivered by the said treasurer to said contractor or to his order, assignee, 
 or lawful representative. 
 
 The board of supervisors is hereby vested with power to determine the number of 
 years, not to exceed twenty, within which the aggregate jjrincipal of bonds to be issued 
 under this act shall be paid and discharged, and to fix the rate of interest, not to 
 exceed seven per cent per annum, to be paid thereon, and it shall be a sufficient deter- 
 mination and fixing of the same to set forth in the resolution of intention that bonds 
 will issue for the work in any terms that will fairly indicate such time and such rate 
 and the fractional part of the principal to be paid each year, which fractional part, 
 for each year except the last, shall be that multiple of one hundred dollars nearest the 
 amount obtained by dividing the amount of the total bond issue by the number of years 
 through which said bond issue is to continue, and for the last year shall be for the 
 balance of the total bond issue not provided to be paid in the previous years. 
 
 Manner of making pasrments. 
 
 The interest payments on said bonds shall become due and payable semiannually 
 on such dates as will cause the final installment thereof to become due and payable 
 on the date of the maturity of the bond in the manner indicated in said form of bond. 
 Interest and principal shall be payable at the office of the county treasurer in gold 
 coin of the United States of America; but it shall not be necessary, either in the reso- 
 lution of intention or otherwise, to set forth or determine the days of the month on 
 which paj-ments of interest are to be made, nor that payments shall be made in such 
 gold coin, nor that payments shall be made at such treasurer's office, but all persons 
 are charged with notice of the contents of this section, especially in the aforesaid 
 particulars. 
 
 Bonds evidence of prior proceedings. 
 
 5 17. Said bonds by their issuance shall be conclusive evidence of the regularity of 
 all proceedings prior thereto under this act, and after the same are issued, no tax 
 levied or collected for the pui-pose of paying the principal or interest on said bonds 
 shall be held to be illegal or set aside or refunded by reason of any informality, iiregu- 
 larity, omission or defect in any of the proceedings prior to the issuance of said bonds, 
 nor shall any action be maintained to cancel or set aside said bonds, or to prevent 
 the payment thereof or the levy or collection of a tax for such payment. 
 
 Costs paid by contractor. 
 
 ^ 18. All costs, charges and expenses of the proceeding, including the salaries of 
 the engineer of construction and of any assistants or employees necessarily employed 
 by or under him in his work as herein provided, and in making the report and spread- 
 ing the assessment as by this act required, and the costs of all publications provided 
 to be made, and any and all other expenses, whether for material or labor, necessary 
 in the performance of the duties of said engineer of construction, as in this act pro- 
 vided, shall be paid by the county. But the amount thereof shall thereupon become a 
 charge upon the contractor and shall have been repaid by him to the county before 
 delivery of the bonds shall be made by the county treasurer; provided, however, that 
 if said costs and expenses are not paid within ten days after notice given that said 
 bonds, excepting such number thereof as may be withheld to satisfy claims filed as 
 hereinabove provided are ready for delivery, a sufficient number of said bonds may 
 be sold at not less than ninety-five per cent of their face value to fully satisfy said 
 costs and expenses, any surplus over said costs and expenses obtained by such sale 
 to be paid to said contractor; provided, further, that the county treasurer may make 
 delivery of such bonds, if there be deposited with him, subject to the order of the 
 board of supervisors, money to the amount of the costs and expenses chargeable to the 
 contractor as the same is stated in the final oi'der of the board of supervisors, provided
 
 Act i::83, §§ 10-23 GENERAL LAWS. 574 
 
 for in section fifteen of this act; provided, further, that for furnishing plans and 
 specifications and posting and publishing the resolution of intention and other notices 
 which have been posted or published, the county shall be liable in case the proceedings 
 cease or are abandoned, before the award of the contract. The contractor and all 
 persons claiming under him any interest in said bonds, whether of ownership, lien or 
 otherwise, shall be deemed to have notice of the contents of this section. 
 
 Publication in newspaper. 
 
 § 19. If publication in the newsi^aper or newspapers designated in the resolution of 
 intention become impossible for any reason, the board of supervisors may by a resolu- 
 tion to be entered in its minutes, stating the facts, designate another newspaper for 
 each required publication as occasion therefor arises. 
 
 Papers filed with clerk of hoard. 
 
 § 20. All papers in a proceeding under this act (save such as thereunder may be 
 returnable to owners) shall be filed with the clerk of the board of sujDervisors, and by 
 him kept together in a package appropriately labeled. Whenever in this act the term 
 ' ' clerk of the board of supervisors ' ' is employed, it shall be deemed to include one who 
 is, ex officio, such, and it shall be immaterial that he designate himself as county clerk 
 where the county clerk is ex officio clerk of the board of supervisors, nor shall it be 
 material that his act be by deputy. 
 
 Augmenting other streams or drains. 
 
 § 21. The provisions of this act shall not be so construed as to permit waters to be 
 carried out of their natural course to augment other streams or drains, to the damage 
 of the residents along the banks of the streams or drains so augmented. 
 
 Securing rights of way. 
 
 § 22. It shall be the duty of the engineer of construction where possible, to obtain 
 options on rights of way necessary to the carrying out of the plans and specifications 
 and to submit the same to the board of supervisors for ratification. Whenever the 
 board of supervisors of any county in which a district is formed under this act can 
 not purchase at a reasonable price or procure the right of way, or any lands found 
 by them to be necessary in order to carry out the plans and specifications for the pro- 
 posed drainage of any such district, or procure the consent of all parties interested 
 to join or connect with any existing ditches or outlets, the board may proceed to 
 condemn the same under the provisions of title seven, part three of the Code of Civil 
 Procedure. 
 
 Costs charge on contractor. 
 
 The costs of snch rights of way or such condemnation proceedings shall be paid by 
 the county, but the amount thereof shall thereupon become a charge upon the con- 
 tractor as provided in section eighteen of this act. 
 
 Incidental expenses. 
 
 § 23. In all cases, when, after the bonds have been issued, it is found that the 
 contractor has failed, through error or oversight, to pay any item of incidental expenses, 
 the county shall pay the same and reimburse itself from the interest and sinking fund. 
 Likewise, when the contractor has paid to the county an amount more than sufficient 
 to cover the incidental expenses, for which bonds have been issued, the county shall 
 pay such surplus to said interest and sinking fund. 
 
 Advance by county to pay interest or retire bonds. 
 
 If, for any reason whatsoever, there be insufficient money in the interest and sinking 
 fund to pay the interest or retire said bonds when such interest or bonds become due
 
 ^'5 DRAINAGE DISTRICTS. Act 1283, §§ 24-1:7 
 
 and payable, the county shall advance the balance necessary to pay such interest or 
 retire such bonds becoming due at that time, and shall reimburse itself from moneys 
 paid into said interest and sinking fund. 
 
 Maintenance of improvement. 
 
 $ 24. The engineer of construction shall, subject to the approval of the board of 
 supeirvisors, do all things necessary for the proper maintenance of the improvement. 
 The compensation of any assistants or employees or the cost of any material necessary 
 shall be payable out of the maintenance fund. 
 
 In a like manner the engineer of construction shall maintain all existing drainage 
 district improvements constructed under the act of 1903, being the act referred to in 
 section twenty-seven of this act. 
 
 Construction. 
 
 § 25. This act shall be liberally construed with a view to promoting the objects 
 and purposes thereof. 
 
 Title. 
 
 § 26. This act shall be known as the drainage district improvement act of 1919, and 
 
 by such designation shall be sufficientij' identified in any proceeding thereunder, and 
 whenever in the resolution of intention it shall be set forth or recited that the pro- 
 ceeding is under the "drainage district improvement act of 1919," this act shall be 
 construed as the paramount statute for such proceeding. 
 
 Act Stats. 1903, p. 354, repealed. Alternative act. 
 
 $ 27. This act shall supersede and repeal an act of the legislature of the state of 
 California approved March 21, 1903, and amendments thereto entitled "An act to 
 promote the drainage of wet, swamp and overflowed lands, and to promote the public- 
 health in the communities in which they lie"; provided, however, that nothing con- 
 tained herein shall operate to invalidate any proceedings heretofore taken under the 
 provisions of said act approved March 21, 1903, as amended; provided, further, that 
 any district formed vinder the provisions of the said act of 1903, but not completed at 
 the time this act takes effect, shall be completed, accepted by the board of supervisors 
 and bonds shall be issued in accordance with the provisions of the said act of 1903. 
 but may be issued for all the purposes specified in this act including expenditures 
 made to procure rights of way whether inside of such drainage district or outside 
 thereof, where the board finds it necessary for such district, but such district shall 
 thereafter be maintained under the provisions of section twenty-four of this act. 
 Otherwise this act is not intended to supersede or repeal any other act for the con- 
 struction of work for drainage purposes, but is intended as an independent and alter- 
 native act of the legislature of the state of California. 
 
 See Act 12S1. draining- a swamp adjacent to such city, is 
 
 1. Construction of act of 1903 — Repug^- not a municipal affair althoug-h tlie drainage 
 
 nancy. — Upon a consideration of the whole ditches extend through the city streets. 
 
 act, and the clear intention of the legisla- Van de Water v. Pridham, 33 Cal. App. 252. 
 
 ture it is held that the act should be con- 164 Pac. 1136. 
 
 strued to provide for the issuance of bonds 3. Drainage canal. — The consent of the 
 
 to the contractor equal to his bid, plus such legislative body of a municipality, whatever 
 
 sum as he, under the requirements of the may be the character of its charter, is a pre- 
 
 act, should advance to cover Incidental and requisite to the extending of a drainage 
 
 preliminary work, and that the repugnancy canal through its streets. — Van de Water v. 
 
 between the provisions of sections 8d and 8e Pridham, 33 Cal. App. 252, 164 Pac. 1136. 
 
 should not be treated as fatal to the validity 4. Drainagre canal through city streets. 
 
 ot the act. — Van de Water v. Pridham, 33 An ordinance of the city of Long Beach, 
 
 Cal. App. 252, 164 Pac. 1136. operating under a freeholder charter giving 
 
 2. Construction of a drninaKe system to it plenary control of all uses of its streets. 
 include an incorporated municipality, or a together with all matters of internal sani- 
 portioii of its territory, for the purpoae of talion, authorizing a drainage district to
 
 Act 1284, gg 1, 2 GENERAL LAWS. 57« 
 
 lay and maintain drainage canals through sumptive evidence of the existence of all 
 the streets of the city, was valid, notwith- facts upon Tvhich the power of the board 
 standing certain conditions attached to the to proceed depends, including the fact that 
 grant which were protective of the public the work is for the public benefit, although 
 interest and germane to the subject of the a finding to that effect is not expressly re- 
 grant. — Van de Water v. Pridham, 33 Cal. quired. — Van de Water v. Pridham, 33 Cal. 
 App. 252, 164 Pac. 1136. App. 252, 164 Pac. 1136. 
 
 5. Public benefit. — The act of 1903 is not 6. Superseded. — The act of 1903 was not 
 
 void for failure to provide that the doing of superseded by the Los Angeles county flood 
 
 the work shall depend upon its being a pub- control district act of 1915 (Stats. 1915, p. 
 
 lie benefit; besides, section 4 of the act 1502). — Van de Water v. Pridham, 33 Cal. 
 
 makes the determination of the board to App. 252, 164 Pac. 1136. 
 proceed with the hearing referred to pre- 
 
 DRAINAGE DISTRICT ACT OF 1903. 
 ACT 1284 — An act to provide for the organization and government of drainage dis- 
 tricts, for the drainage of agricultural lands other than swamp and overflowed lands, 
 and to provide for the acctuisition or construction thereby of works for the drainage 
 of the lands embraced within such districts. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 291, Amended 
 April 22, 1903. Stats. 1909, p. 1061; June 8, 1915. In effect August 8, 
 1915. Stats. 1915, p. 1321. Former act of March 31, 1897, Stats. 1897, 
 p. 334; amended March 23, 1901, Stats. 1901, p. 554; repealed by 
 present act. 
 
 Organization of drainage districts. Who can sign petition. 
 
 § 1. Whenever fifty or a majority of the holders of title, or evidence of title as 
 herein provided, to agricultural lands other than swamp and overflowed lands, which 
 are susceptible of one general mode of drainage by the same system of works, desire 
 to provide for the drainage of such lands, they may propose the organization of a 
 drainage district under the provisions of this act, and when so organized, such district 
 shall have the powers, rights and duties conferred, or which may be conferred by law, 
 upon such drainage districts. The equalized county assessment roll next preceding 
 the presentation of a petition for the organization of a drainage district under the 
 provisions of this act, shall be sufficient evidence of title for the purposes of this act; 
 provided, that no person who has received or acquired title to land within such pro- 
 posed district for the purpose of enabling him or her to join in such petition or to 
 become an elector of said district, shall be allowed to sign such petition or to vote 
 at any election to be held in such district, under the provisions of this act. Such 
 illegal signing, however, shall not invalidate such petition when there shall be found 
 a sufficient number of other legal petitioners. 
 
 Petition to board of supervisors. Bond. Publication. 
 
 § 2. In order to propose the organization of a drainage district, a petition shall be 
 presented to the board of supervisors of the county in which the lands within the 
 proposed district or the greater portion thereof, are situated, signed by the required 
 number of holders of title, or evidence of title, to lands within such proposed district. 
 which petition shall set forth and particularly describe the proposed boundaries of 
 such district, and shall pray that the same be organized under the provisions of this 
 act. The petitioners must accompany the petition with a good and sufficient bond, 
 to be approved by the said board of supervisors, in double the amount of the probable 
 cost of organizing such district, conditioned that the obligors will pay all the costs in 
 case such an organization will not be effected. The petition shall be presented at a 
 regular meeting of said board of supervisors, and shall have been published for at 
 least two weeks before such presentation, in some newspaper printed and published in 
 the county where the petition is presented, together with a notice stating the date of 
 the meeting of said board at which the petition wiU be presented; and if any portion
 
 5T7 DRAINAGE DISTRICTS. Act 1284, §§ 3-a 
 
 of the proposed district lies within another county, or counties, then said petition and 
 notice shall be likewise published in a newspaper printed and published in each of 
 such counties. 
 
 Hearing of petition. 
 
 § 3. When such petition is presented, the board of supervisors shall hear the same, 
 and may adjourn such hearing from time to time not exceeding four weeks in all, and 
 on the final hearing said board shall make such changes in the proposed boundaries 
 as may be deemed advisable and shall define and establish such boundaries. But said 
 board shall not modify said boundaries so as to exclude from such proposed district 
 any territory which is susceptible of drainage by the same system of works applicable 
 to the other lands in such proposed district; nor shall any lands which will not, in 
 the judgment of said board, be benefited by drainage, by means of said system of works, 
 be included within such proposed district. Any person whose lands are susceptible of 
 drainage by the same system of works, may, upon his application, in the discretion of 
 said board, have such lands included within said proposed district. Upon such hearing 
 of said petition, the board of supervisors, shall determine whether or not said petition 
 complies with the requirements of sections one and two of this act, and for that purpose 
 must hear all competent and relevant testimony offered in support or in opposition 
 thereto. Such determination shall be entered upon the minutes of said board of 
 supervisors. 
 
 Right to appeal from order of hoard. Remittitur. 
 
 § 4. The right of appeal from said order to the superior court of the county where 
 said petition is heard, is hereby given to any person interested, who is a party to the 
 record; provided, that if more than one appeal be taken they shall be consolidated and 
 tried together. Such appeal shall be taken within ten days after the entry of such 
 order upon the minutes of the board of supervisors. The appeal shall be taken and 
 heard in the same manner as appeals from justices' courts to the superior court, except 
 as herein otherwise provided. Upon the appeal, the superior court may make and enter 
 its judgment affirming, modifying, or reversing the order appealed from. Within ten 
 days thereafter, the superior court must cause its remittitur to issue to said board of 
 supervisors, and if said order of the board of supervisors is modified or reversed, the 
 judgment of the superior court and its remittitur shall direct the board of supervisors 
 what order it shall enter. Such remittitur shall be filed by the clerk of the board of 
 supervisors, and at the first regular meeting of the board thereafter, it shall cause to 
 be entered in its minutes the order as directed by said superior court. The appeal 
 herein provided for shall be heard and determined within thirty days from the time 
 of filing the notice of appeaL 
 
 District directors. 
 
 § 5. When, under the provisions of the preceding sections, the boundaries of the 
 proposed district are defined and established, said board shall make an order dividing 
 said district into three or five divisions, as nearly equal in size as practicable, which 
 divisions shall be numbered consecutively, and one director who shall be an elector 
 and a resident freeholder of the division, shall be elected, as hereinafter provided, by 
 each division; provided, that when requested in the petition three directors who shall 
 be residents, electors and freeholders of the district, shall be elected at large by the 
 qualified electors of the district. 
 
 Election to determine proposed organization. Ballots. 
 
 § 6. Said board of supervisors shall then give notice of an election to be held in 
 such proposed district for the purpose of determining whether or not the same shall 
 be organized under the provisions of this act. Such notice shall designate a name for 
 Gen. Laws — 37
 
 Act 1284, §§ 7-10 GEXERAL LAWS. 578 
 
 such proposed district, and describe the boundaries thereof and the boundaries of the 
 precincts established therein, when more than one, togther Avith a designation of the 
 polling place and board of election for each precinct ; and said notice shall be published 
 for at least three weeks previous to such election, in a newspaper published within 
 the county in which the petition for the organization of the proposed district was 
 presented; and if any portion of such proposed district is within another county or 
 counties, then such notice shall be published for the same length of time in a news- 
 paper published in each of said counties. Such notice shall require the electors to 
 east ballots, which shall contain the words "drainage district — yes" or "drainage 
 district — no" or words equivalent thereto, and also the names of one or more persons 
 (according to the divisions of the proposed district as prayed for in the petition and 
 ordered by the board) to be voted for to fill the office of director. Such election shall 
 be conducted as nearly as practicable in accordance with the general election laws 
 of the state but no particular form of ballot shall be required. 
 
 Qualification of electors. 
 
 § 7. No person shall be entitled to vote at any election held under the provisions 
 of this act unless he possesses all the qualifications required of electors under the 
 general election laws of the state. 
 
 Declaration of organization. 
 
 § 8. The said board of supervisors shall, on the first Monday succeeding such elec- 
 tion if then in session, or at its next succeeding general or special session, proceed to 
 canvass the votes cast thereat, and if upon such canvass it appears that a majority of 
 all the votes cast are "drainage district — yes" the board shall by an order entered 
 in its minutes, declare such territory duly organized as a drainage district, under the 
 name theretofore designated, and shall declare the persons receiving, respectively the 
 highest number of votes for directors to be duly elected to such offices. [Amendment 
 approved April 22, 1909. Stats. 1909, p. 1061.] 
 
 Copy of order to be recorded. 
 
 § 9. Said board shall then cause a copy of such order, duly certified, to be imme- 
 diately filed for record in the office of the county recorder of any county in which 
 any portion of the lands embraced in such district are situated, and must also imme- 
 diately forward a copy thereof to the clerk of the board of supervisors of each of said 
 last mentioned counties and no board of supei-visors of any county in which any portion 
 of the lands embraced in such district are situated, shall, after the date of the organi- 
 zation thereof, allow another district to be formed including any portion of said lands, 
 without the consent of the board of directors of the district in which they are situated. 
 From and after such filing, the organization of the district shall be complete. 
 
 Election may be contested. 
 
 § 10. Such election on organization may be contested by any person owning prop- 
 erty within the proposed district liable to assessment. The directors elected at such 
 election shall be made pai-ties defendant. Such contest shall be brought in the superior 
 court of the county where the petition for organization is filed; provided, that if more 
 than one contest be pending they shall be consolidated and tried together. The court 
 having jurisdiction shall speedily try such contest, and determine, upon the hearing, 
 whether the election was fairly conducted and in substantial compliance with the 
 requirements of this act, and enter its judgment accoi'dingly. Such contest must be 
 brought within twenty days after the canvass of the vote and declaration of the result 
 by the board of supervisors. The right of appeal is hereby given to either party to the 
 record within thirt)' days from entry of judgment. The appeal must be heard and 
 determined by the supreme court within sixty days from the time of filing the notice 
 of appeal.
 
 679 DRAINAGE DISTRICTS. Act 1284, §§ 11-14 
 
 When directors shall enter upon duties. 
 
 $ 11. The directors elected at the election hereinbefore provided for shall immedi- 
 ately enter upon their duties as such upon qualifying in the manner herein provided. 
 Said directors shall hold office respectively until their successors are elected and 
 qualified. 
 
 Teruj of ofllce. President and secretary. 
 
 $ 12. The directors of any district created after the passage of this act, on the first 
 Tuesday after their election, after they shall have qualified, shall meet and classify 
 themselves by lot into two classes, as nearly equal in number as possible, and tha 
 term of office of the class having the greater number shall expire at the next generai 
 February election in this act provided for; and the term of office of the class having 
 the lesser number shall terminate at the next general February election thereafter. 
 After such classification, said directors shall organize as a board, shall elect a president 
 from their number, and appoint a secretary, who shall each hold office during the 
 pleasure of the board. The salary of the secretary and the amount of the bonds to 
 be given by him for the faithful performance of his duties shall be fixed by the board 
 of directors. 
 
 Meetings. Publication of financial statement. 
 
 § 13. The board of directors shall hold regular meetings in their office on the first 
 Tuesday in March, June, September and December, and such special meetings as may 
 be required for the proper transaction of business; provided, that all special meetings 
 must be ordered by a majority of the board by an order entered in the minutes speci- 
 fying the business to be transacted. Three days' notice to any member not joining 
 in the order must be given by the secretary, and only the business specified in the order 
 must be transacted at such special meeting. All maetings of the board must be public, 
 and a majority of members shall constitute a quorum for the transaction of business. 
 A minute of all proceedings of the board shall be kept by the secretary, and all records 
 of the board shall be open to public inspection during business hours. The board of 
 directors shall, on the first Tuesday in March of each and every year, render, and 
 immediately thereafter cause to be published, a verified statement of the financial con- 
 dition of the district, showing particularly the receipts and disbursements of the last 
 preceding year, together with the source of such receipts and purpose of such disburse- 
 ments. Said publication shall be made at least once a week for two weeks, in somft 
 paper published in the county where the office of the board of directors of such district 
 is situated. 
 
 Powers and duties of board of directors. 
 
 § 14. The board shall have the power and it shall be their duty, to manage and 
 conduct the business and affairs of the district; make and execute all necessary con- 
 tracts; to adopt a seal for the district to be used in the attestation of proper docu- 
 ments; provide for the payment, from the proper fund, of all the debts and just claims 
 against the district; employ and appoint when necessary, engineers to survey, plan, 
 locate, and estimate the cost of the works necessary for drainage and the land needed 
 for right of way, including drains, canals, sluices, water-gates, embankments and 
 material for construction, and to construct, maintain, and keep in repair all works 
 necessary for the purpose of drainage. The board and its agents and employees shall 
 have the right to enter upon any land to make surveys, and may locate the necessary 
 drainage works and the line for any canals, sluices, water-gates and embankments, 
 and the necessaiy branches for the same, on any lands which may be deemed best 
 for such location. Said board shall also have the right to acquire, hold and possess 
 either by donation, purchase or condemnation, any land or other property, necessary
 
 Act 1284» §§ 15-18 GENERAL LAWS. 880 
 
 for the construction, use, maintenance, repair, and improvement of any works required 
 for the purpose of drainage as provided herein. The board may establish equitable 
 by-laws, rules and regulations necessary or proper for carrying on the business herein 
 contemplated, and generally may perform all such acts as shall be necessary to fully 
 carry out the purposes of this act. 
 
 Change of boundaries. 
 
 § 15. The board of directors, when they deem it advisable for the best interests of 
 the district and the convenience of the electors thereof, may at any time, but not less 
 than sixty days before an election to be held in the district, change the boundaries of 
 the divisions and election precincts of the district; provided, such changes shall be 
 made to keep each division as nearly equal in area and population as may be prac- 
 ticable. Such change of boundaries of the division must be shown on the minutes of 
 the board. 
 
 Oondemnation proceedings. 
 
 $ 16. In case of condemnation proceedings, the board shall proceed, in the name 
 of the district, under the provisions of Title VII, Part III, of the Code of Civil Pro- 
 cedure, which said provisions are hereby made applicable for that purpose, and it is 
 hereby declared that the use of the property which may be condemned, taken, or 
 appropriated under the provisions of this act, is a public use, subject to regulation and 
 control of the state in the manner prescribed by law. 
 
 Biennial election of directors. Ofiicial bond. Vacancies, how filled. 
 
 § 17. In each district organized as herein provided, an election shall be held on the 
 first Wednesday in February, nineteen hundred and five, and on the first Wednesday 
 of February of each second year thereafter, at which a board of directors for the 
 district, as provided in section 5 of this act, shall be elected. The person receiving 
 the highest number of votes for the office to be filled at such election is elected thereto. 
 Within ten days after receiving their respective certificates of election, each of said 
 persons shall qualify as such by taking and subscribing the official oath and filing a 
 bond as herein provided. Each director shall execute an official bond in the sum of one 
 thousand dollars, which shall be approved by the judge of the superior court of the 
 county where the organization of the district was effected and shall be recorded in 
 the office of the county recorder of such county, and then, together with his official 
 oath, filed with the secretary of the board of directors. All official bonds herein pro- 
 vided for shall be in the form prescribed by law for the official bonds of county officers. 
 If a vacancy shall occur in the office of director the same shall be filled by appoint- 
 ment by the supervisors of the county where such district is organized. A director so 
 appointed shall qualify within ten days after receiving notice of his appointment as in 
 said act provided, if he were elected to such office and he shall hold such office only 
 until the next regular election for said district and until his successor is elected and 
 qualified. 
 
 Organization after election. Term of office. 
 
 § 18. On the first Tuesday in March next following the election, the directors who 
 shall have been elected at the general February election, shall meet and organize as a 
 board, elect a president and appoint a secretary, who shall each hold office during the 
 pleasure of the board. And the directors of districts now organized who shall have 
 been elected at the general February election of nineteen hundred and five, shall, on 
 the first Tuesday in March next thereafter, when they meet to organize, first classify 
 themselves by lot into two classes as nearly equal in number as possible. And the 
 terms of office of the class having the greater number shall be two years; and the term 
 of office of the lesser number shall be four years. The full term of office of directors
 
 5S1 DRAINAGE DISTRICTS. Act 1384, §§ 19-22 
 
 is hereby fixed at four years. The office of the board of directors of any such district 
 may be established by said board of directors at the county seat, or at some proper and 
 convenient place within the district, but after the office is once established it shall not 
 be changed without giving notice thereof by posting in three public places in the district 
 and by publishing a similar notice for thirty days in some newspaper of general 
 circulation published in the county where such district is organized. 
 
 Notice of election. 
 
 $ 19. Fifteen days before any election held under this act, subsequent to the organ- 
 ization of any district, the secretary of the board of directors shall cause notices to be 
 posted in three public places in each election precinct, of the time and place of holding 
 the election, and shall also post a similar notice of the same in a cons^jicuous place in 
 the office of the said board, specifying the polling-places of each precinct, and the 
 names of the members of the boards of election, for each precinct. Prior to the time 
 for posting such notices, the board must appoint for each precinct, from the electors 
 thereof, one inspector and one judge and one clerk, who shall constitute a board of 
 election for such precinct. If the board fail to appoint a board of election, or the 
 members appointed, or any of them, do not attend at the opening of the polls on the 
 morning of election, the electors of the precinct present at that hour, may appoint 
 the board, or supply the place of an absent member thereof. The board of directors 
 must in its order appointing the board of election, designate the place within each 
 precinct where the election must be held. 
 
 Duty of election board. Polls open. Form of ballot. 
 
 § 20. The inspector is chairman of the election board, and may administer all oaths 
 required in the progress of an election; and appoint judges and clerks, if, during the 
 progress of the election, any judge or clerk cease to act. Any member of the board of 
 election, or any clerk thereof, may administer and certify oaths required to be admin- 
 istered during the progress of an election. The board of election for each precinct 
 must, before opening the polls, appoint two persons to act as clerks of the election. 
 Before opening the polls, each member of the board and each clerk must take and sub- 
 scribe an oath to faithfully perform the duties imposed upon them by law. Any elector 
 of the precinct may administer and certify such oath. The polls must be open at 
 9 o'clock a. m., and be kept open until 4:00 p. m., when the same must be closed. The 
 provisions of the general election laws concerning the form of ballots to be used shall 
 not apply to elections held under this act. 
 
 General election laws to govern. 
 
 $ 21. Voting may commence as soon as the polls are opened, and may be continued 
 during all the time the polls remain opened, and shall be conducted, as nearly as 
 practicable, in accordance with the provisions of the general election laws in this state. 
 
 Election returns. 
 
 $ 22. As soon as all the votes are read off and counted, a certificate shall be drawn 
 up on each of the papers containing the poll list and tallies, or attached thereto, stating 
 the number of votes each one voted for has received, and designating the office to fill 
 which he was voted for, which number shall be written in figures and in words at full 
 length. Each certificate shall be signed by the clerk, judge and the inspector. One of 
 said certificates with the poll list and the tally paper to which it is attached, shall be 
 retained by the inspector, and preserved by him at least six months. The ballots shall 
 be strung upon a cord or thread by the inspector, during the counting thereof, in the 
 order in which they are entered upon the tally list by the clerks; and said ballots 
 together Avith the other of said certificates, with the poll list and tally paper to which 
 it is attached, shall be sealed by the inspector in the presence of the judges and clerks,
 
 Act 12S4, 8§ 23-20 GKIVERAL, I..VWS. 68:: 
 
 and indorsed "Election returns of (naming the precinct) precinct" and be directed 
 to the secretary of the board of directors and shall be immediately delivered by the 
 inspector, or by some other safe and responsible carrier designated by said inspector, 
 to said secretary, and the ballots shall be kept unopened for at least six months, and 
 if any person be of the opinion that the vote of any precinct has not been correctly 
 counted, he may appear on the day appointed for the board of directors to open and 
 canvass the returns and demand a recount of the vote of the precinct that is so claimed 
 to have been incorrectly counted. 
 
 Canvass of returns. 
 
 \S 23. No list, tally paper, or certificate from any election, shall be set aside or 
 rejected for want of form if it can be satisfactorily understood. The board of dii'ectors 
 must meet at its usual place of meeting on the first Monday after each election to 
 canvass the returns. If, at the time of meeting, the returns from each precinct in the 
 district in which the polls were opened have been received, the board of directors must 
 then and there proceed to canvass the returns; but if all the returns have not been 
 received, the canvass must be postponed from day to day until the returns have been 
 received, or until six postponements have been had. The canvass must be made in 
 public and by opening the returns and estimating the vote of the district for each 
 person voted for and declaring the result thereof. 
 
 Statement of result. 
 
 § 24. The secretary of the board of directors, must, as soon as the result is declared, 
 enter in the records of such board, a statement of such result, which statement must 
 show; (a) the whole number of votes cast in the district and in each precinct thereof 
 if there be more than one precinct; (b) the names of the persons voted for; (c) the 
 office to fill which each person was voted for; (d) the number of votes given in each 
 precinct to each of such persons; (e) the number of votes given in each division for 
 the office of director. The board of directors must declare elected the persons having 
 the highest number of votes given for each office. The secretary must immediately 
 make out and deliver to such person a certificate of election, signed by him, and 
 authenticated with the seal of the board. 
 
 Number of directors may be changed. 
 
 $ 25. In any district the board of directors thereof may, upon the presentation of a 
 petition therefor, by a majority of the holders of title, or evidence of title, of said dis- 
 trict, evidenced as above provided, order that on and after the next ensuing general 
 election for the district, there shall be either three or five directors, as said board may 
 order, and they shall be elected, by the district at large, or by divisions, as so petitioned 
 and ordered; and after such order such directors shall be so elected. 
 
 Title to property shall vest in district. 
 
 § 26. The legal title to all property acquired under the provisions of this act shall 
 immediately and by operation of law vest in such drainage district, and shall be held 
 by such district in trust for and is hereby dedicated and set apart to the uses and pur- 
 poses set forth in this act. And said board is hereby authorized and empowered to hold, 
 use, acquire, manage, occupy, and possess said property as herein provided. The said 
 board is hereby authorized and empowered to take conveyances or other assurances 
 for all property acquired by it under the provisions of this act, in the name of such 
 drainage district, to and for the uses and purposes herein expressed, and to institute 
 and maintain any and all actions and proceedings, suits at law or in equity, necessary 
 or proper in order to fully carry out the provisions of this act, or to enforce, maintain, 
 protect, or preserve any and all rights, privileges and immunities created by this act, 
 or acquired in pursuance thereof. And in all courts, actions, suits, or proceedings, the
 
 583 - DRAINAGE DISTRICTS. Act 1284. §g 27. 28 
 
 said board may sue, appear, and defend in person or by attorneys, and in the name 
 of such drainage district. 
 
 Provisions for bond election. Ballots. 
 
 § 27. For the purpose of constructing necessary conduits, drains, sluices, water- 
 gates, embankments and all works necessary for the purpose of drainage, and acquiring 
 the necessary property and rights therefor, and otherwise canning out the provisions 
 of this act, the board of directors of any such district must, as soon after such district 
 has been organized as may be practicable, and also whenever thereafter the construc- 
 tion fund has been exhausted by expenditures as herein authorized therefrom, and it 
 is necessary to raise additional money for said purposes, estimate and determine the 
 amount of money necessary to be raised. And thereafter said board shall immediately 
 call a special election, at which shall be submitted to the electors of such district the 
 question whether or not the bonds of said district shall be issued in the amount so 
 determined. Notice of such election must be given by posting notices in three public 
 places in each election precinct in said district for at least twenty days, and also by 
 publication of such notice in some newspaper published in the county where the office 
 of the board of directors of such district is required to be kept, once a week for at least 
 three successive weeks. Such notices must specify the time of holding the election, 
 the amount of bonds proposed to be issued; and said election must be held and the 
 result thereof determined and declared in all respects as nearly as practicable in con- 
 formity with the provisions of this act governing the election of officers ; provided, that 
 ho infoi-malities in conducting such an election shall invalidate the same, if the election 
 shall have been otherwise fairly conducted. At such election the ballots shall contain 
 the words "Bonds — Yes" or "Bonds — No," or words equivalent thereto. If a majority 
 of the votes cast are "Bonds — Yes," the board of directors shall cause bonds in said 
 amount to be issued; if a majority of the votes cast at any bond election are "Bonds — 
 No," the result of such election shall be so declared and entered of record. Whenever 
 thereafter, a petition of the character hereinbefore provided for in this section, is 
 presented to the board, it shall so declare of record in its minutes, and shall thereupon 
 submit such questions to said electors in the same manner and with like effect as at 
 such previous election. 
 
 Drainage district bonds payable in ten series. Interest. Denomination. Coupons. 
 
 § 28. All bonds issued under the provisions of this act shall be payable in gold coin 
 of the United States, in ten series as follows, to wit : On the iirst day of January, after 
 the expiration of eleven years, five per cent of the whole number of said bonds; on the 
 first day of January after the expiration of twelve years, six per cent; on the first day 
 of Januai-y after the expiration of thirteen years, seven per cent; on the first day of 
 January after the expiration of fourteen years, eight per cent; on the fiorst day of Jan- 
 uary after the expiration of fifteen years, nine per cent; on the first day of January 
 after the expiration of sixteen years, ten per cent; on the first day of January after 
 the expiration of seventeen years, eleven per cent; on the first day of January after the 
 exim-ation of eighteen years, thirteen per cent; on the first day of January after the 
 expiration of nineteen years, fifteen per cent; and on the fii'st day of January after 
 the expiration of twenty years, sixteen per cent; that the several enumerated percent- 
 ages being of the entire amount of the bond issue, but each bond must be made payable 
 at a given time for its entire amount and not for a percentage. Said bonds shall bear 
 interest at the rate of six per cent per annum, payable semiannuallj', on the first day 
 of January and July of each year. The principal and interest shall be payable at the 
 place designated therein. Said bonds shall be each of the denomination of not less 
 than one hundred dollars nor more than five hundred dollars; shall be negotiable in 
 form, signed by the president and secretary, and the seal of the board of directors shall 
 be affixed and the bonds of each issue shall be numbered consecutively, and bear date
 
 Act 1284, 88 29-31 GENERAL LAWS. 584 
 
 at the time of their issue. Coupons for the interest shall be attached to each bond, 
 sij^ned by the secretary. Said bonds shall express on their face that they were signed 
 by authority of this act, stating its title and date of approval, and shall also so state 
 the number of the issue of which such bonds are a part. The secretary shall keep a 
 record of the bonds sold, their number, the date of sale, the price received, and the 
 name of the purchaser. [Amendment of June 8, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1321.] 
 
 Sale of bonds. 
 
 § 29. The board may sell bonds from time to time in such quantities as may be 
 necessary and most advantageous, to raise money for the construction of said drains 
 and works, the acquisition of said property and rights, and otherwise to fully carry 
 out the objects and purposes of this act. Before making any sale the board shall, at 
 a meeting, by resolution, declare its intention to sell a specified amount of the bonds, 
 and the day and hour and place of such sale, and shall cause such resolution to be 
 entered in the minutes, and notice of the sale to be given, by publication thereof at 
 least three weeks in some newspaper published in the county where the office of the 
 board of directors is located, and in any other newspaper, at its discretion. The notice 
 shall state that sealed proposals will be received by the board at their office, for the 
 purchase of bonds, till the day and hour named in the resolution. At the time appointed 
 the board shall open the proposals, and award the purchase of the bonds to the highest 
 responsible bidder; provided, however, that they may reject all bids. Said board shall 
 in no event sell any of the said bonds for less than the par value thereof. 
 
 Bonds shall be lien upon property of district. 
 
 § 30. Any bonds issued under the provisions of this act, shall be a lien upon the 
 property of the district and the lien for the bonds of any issue shall be a preferred 
 lien to that of any subsequent issue. Said bonds, and the interest thereon, shall be paid 
 by revenue derived from an annual assessment upon the real property of the district; 
 and all the real property in the district shall be and remain liable to be assessed for 
 such payments as hereinafter provided. 
 
 Assessment shall be submitted to people. Election. Ballots. 
 
 $ 31. In case the money raised by the sale of bonds be insufficient or in case the 
 bonds be unavailable for the completion of the plan of drainage and works adopted, 
 and additional bonds be not voted, it shall be the duty of the board of directors to 
 provide for the completion of said plan by levy of assessments therefor; provided, 
 however, that such levy of assessments shall not be made except first an estimate of 
 the amount required for such purposes has been made by said board, and the question 
 as to the making of said levy submitted to a vote of the electors of the district. Before 
 such question is submitted, the order of submission shall be entered in the minutes of 
 the board, stating the amount to be levied and the purpose therefor, and if submitted 
 at a special election said order shall, in addition, fix the day of election. Notice of such 
 election must be given by posting notices in three public places in each election precinct 
 in said district for at least twenty days, and also by publication of such notice in some 
 newspaper published in the county where the office of the board of directors of such 
 district is required to be kept, once a week for at least three successive weeks. Such 
 notices must specify the time of holding the election, and the amount of assessment 
 proposed to be levied. Said election must be held and the result thereof determined 
 and declared in all respects as nearly as practicable in conformity with the provisions 
 of this act governing the election of officers; provided, that no informalities in con- 
 ducting such an election shall invalidate the same, if the election shall have been other- 
 wise fairly conducted. At such election the ballots shall contain the words "Assess- 
 ment — Yes," or "Assessment — No," or words equivalent thereto. If a majority of the
 
 5S5 DRAINAGE DISTRICTS. Act 1284, 8§ te-35 
 
 votes cast are "Assessment — Yes," the board of directors shall proceed in the manned 
 prescribed in sections 40-43 herein provided for raising funds for the annual require- 
 ments; if a majority of the votes cast are "Assessment — No," the result of such 
 election shall be so declared and entered of record. 
 
 Refunding indebtedness. 
 
 § 32. Whenever a district organized under the provisions of this act, has outstanding 
 bonds, coupons, or other evidences of indebtedness, the payments thereof may be 
 provided for by the issuance of new bonds, in the manner hereinafter prescribed. 
 
 Petition to fund indebtedness. 
 
 § 33. In order to propose the funding of such bonds, coupons, or other evidences 
 of indebtedness a petition shall be presented to the board of directors of such drainage 
 district, signed by a majority in number of holders of title or evidence of title to real 
 property in such district, which petition shall set forth the amount of bonds, coupons, 
 or other evidences of indebtedness proposed to be funded, together with a general 
 description of same, also the total amount of the bonds sought to be issued (provided, 
 that said amount shall in no case be greater than the total amount of bonds, coupons, 
 and other evidences of indebtedness then outstanding and sought to have funded), 
 together with a full and complete statement of the purposes for which such bonds are 
 to be used. On presentation of such petition, the same shall be entered in full on the 
 minutes of the board. 
 
 Special election. Ballots. 
 
 § 34. Immediately after the recording of said petition, the board shall call a special 
 election, at which shall be submitted to the electors of such distiiet the question 
 whether or not the bonds of such district in the amount set forth in said petition shall 
 be issued. Notice of such election must be given by posting notices in three public 
 places in each election precinct in said district for at least twenty days, and also by 
 publication of such notice in some newspaper published in the county where the office 
 of the board of directors of such district is required to be kept, once a week for at 
 least three successive weeks before such election. Such notice must specify the time 
 of holding the election, the amount of bonds proposed to be issued, the amount of bonds, 
 coupons or other evidences of indebtedness proposed to be funded, together with a 
 general description of the same. Said election shall be held and the result thereof 
 detei'mined and declared in all respects as nearly as practicable in conformity with 
 the provisions governing the election of officers; provided, that no informalities in con- 
 ducting such an election shall invalidate the same, if the election shall have been other- 
 wise fairly conducted. At such election, the ballots shall contain the words "Bonds — 
 Yes" or "Bonds — No" or words equivalent thereto. If two-thirds of the votes cast 
 are "Bonds — Yes" the board of directors shall cause bonds in said amount to be issued. 
 If more than one-third of the votes cast at such election are "Bonds — No," the result 
 of such election shall be so declared. The result in either case shall be duly entered 
 of record. 
 
 When payable. 
 
 § 35. If said bonds are directed to be issued as herein provided for the board of 
 directors shall cause the same to be issued. Said bonds shall be made payable in gold 
 coin of the United States, in twenty series, as follows, to wit: On the fii'st day of 
 January after the expiration of twenty years, five per cent of the whole amount of said 
 bonds, and on the first day of January of each year thereafter, an equal amount of 
 such bonds until all shall have been finally paid; that is, five per cent of the whole 
 issue of bonds — not five per cent of each bond, each being wholly payable when due. 
 Said bonds shall bear interest at the rate of six per cent per annum, payable semv
 
 Act 12S1, §§ 3G-40 GENERAL, LAM'S. 586 
 
 annually on the first day of January and July of each year. They shall be negotiable 
 in form, and shall be of denominations of not less than one hundred dollars nor more 
 than five hundred dollars. Said bonds shall in all respects conform to the form of bonds 
 prescribed hereinbefore. [Amendment of June 8, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1322.] 
 
 Value of bonds. 
 
 § 36. It shall be unlawful to sell or exchange any of the bonds as herein provided 
 for less than their par value. 
 
 Duty of county treasurer. 
 
 ^ 37. When bonds issued under section 35 of this act shall be duly executed, they 
 shall be deposited with the treasurer of the county wherein the district was organized, 
 who is hereby authorized and charged with the duty of receiving the same, and his 
 receipt shall be taken therefor, and he shall be charged with the same on his official 
 bond, and shall have no power to deliver the same in exchange for any bonds or 
 indebtedness proposed to be funded until the bonds or evidence of indebtedness pro- 
 posed to be funded shall have been surrendered to him, and he shall have been ordered 
 by the board of directors of the district, by an order duly entered on their records to 
 make such delivery. When such bonds have been exchanged for other bonds, coupons, 
 or other evidences of indebtedness, the said treasurer shall at once cancel such other 
 bonds, coupons, or other evidences of indebtedness by writing across the face thereof 
 "Canceled" and the date of cancellation, and report the same with his next regular 
 report hereinafter provided for to the board of directors of the district designating the 
 bond, coupon, or other evidence of indebtedness, so that it can be identified, the date 
 of cancellation, and the person from whom it was received, together with the amount 
 paid therefor, or the terms of exchange, in ease there is an exchange. 
 
 Bonds may be sold from time to time. 
 
 ^ 38. When said bonds are issued for the purpose of sale to the highest bidder, the 
 board may sell said bonds from time to time, in such quantities as may be necessary 
 and most advantageous, to raise money to pay bonds, coupons, or other evidences of 
 indebtedness of the district which were outstanding at the time of the filing of said 
 petition, and generally described therein. Resolution of intention must be declared, 
 and notice given, and the sale conducted in the manner prescribed in section 29 of this 
 act for the sale of original bonds. Said bonds shall in no event be sold for less than 
 their par value including accrued interest. All moneys realized from the sale of bonds, 
 issued under the provisions of this section, shall be paid into the hands of the said 
 treasurer, and by him kept in a separate fund, known as the funding fund, and shall 
 be applied exclusively to the payment of bonds, coupons, or other evidences of indebted- 
 ness of the district outstanding at the time of filing of the said petition, and described 
 therein. 
 
 Bonds may be exchanged. Conditions. 
 
 § 39. The bonds issued as herein provided for may be exchanged, at not less than 
 their par value, including accrued interest, for any of the indebtedness set out and 
 described in the notice of the election authorizing the issuance of said refunding bond. 
 A contract for such exchange may be made by the board of directors upon such terms 
 as said board may deem advisable; provided, that they must receive not less than par 
 value for the bonds so exchanged. 
 
 Directors shall furnish estimate of moneys needed. 
 
 ^ 40. The board of directors must, on or before the first meeting of the board of 
 supervisors in September of each year, furnish the supervisors and the auditor of the
 
 587 DRAINAGE DISTRICTS. Act 1284, §§ 41-45 
 
 count}'^ wherein tlie district is situated, or if such district is not entirely within one 
 county, then as hereinafter provided, to the supervisors and auditors of each county in 
 which any portion of the district is situated, an estimate in writing of the amount of 
 money needed for the purposes of the district for the ensuing fiscal year. This amount 
 must be sufficient to raise the annual interest on the outstanding bonds, to pay the 
 estimated cost of repairs, the incidental expenses of the district, and in any year in 
 which any bonds shall fall due, an amount suflScient to pay the principal of the 
 outstanding bonds as they mature. 
 
 When district is in more than one county. 
 
 $ 41. If such district is in more than one county the total estimate as provided for 
 in the preceding section shall be divided by the board of directors in proportion to 
 value of the real property of the district in each county. The value must be determined 
 from the equalized values of the last assessment-rolls of such counties. When such 
 division of the estimate has been made, the board shall furnish the supervisors and 
 auditors of the respective counties a written statement of that part of the estimate 
 apportioned to that county. 
 
 Drainage district tax levy. 
 
 § 42. The board of supervisors of each county wherein is sitiiated a district or any 
 part thereof organized under the provisions of this act, must, annually, at the time of 
 
 levying county taxes, levy a tax to be known as the " (name of district) drainage 
 
 district tax," sufficient to raise an amount reported to them as herein provided, by 
 the board of directors. The supervisors must determine the rate of such tax by deduct- 
 ing fifteen per cent for anticipated delinquencies from the total assessed value of the 
 real property of the district within the county as it appears on the assessment-roll of 
 the county, and then dividing the sum reported by the board of directors as required 
 to be raised by the remainder of such total assessed value. 
 
 Duty of auditor. 
 
 § 43. The tax so levied shall be computed and entered on the assessment-roll by the 
 county auditor, and if the supervisors fail to levy the tax as provided in the preceding 
 section, then the auditor must do so. Such tax shall be collected at the same time and 
 in the same manner as state and county taxes, and when collected shall be paid into 
 the county treasury for the use of said district. 
 
 General revenue laws govern. 
 
 $ 44. The provisions of the Political Code of this state prescribing the manner of 
 levying and collecting taxes and the duties of the several county officers with respect 
 thereto, are, so far as they are applicable and not in conflict with the specific provi- 
 sions of this act, hereby adopted and made a part hereof. Such officers shall be liable 
 upon their several official bonds for the faithful discharge of the duties imposed upon 
 them by this act. 
 
 What treasury shall be repository. 
 
 ^ 45. If the district is in more than one county, the treasury of the county wherein 
 the district was organized shall be the repository of all the funds of the district. For 
 this puipose the treasurers of any other counties wherein is situated a portion of said 
 district, must, at any time, not oftener than twice each year, upon the order of the 
 board of directors, settle with said board and pay over to the treasurer of the county 
 where the district was organized, all moneys in their possession belonging to the district. 
 Said last-named treasurer is authorized and required to receive and receipt for the 
 same, and to place the same to the credit of the district. He shall be responsible upon 
 his official bond for the safekeeping and disbursement, in the manner herein provided, 
 of these and all other monevs of the district held bv him.
 
 Act 1284, §§ 46-50 GENERAL LAWS. 888 
 
 iVames of funds. 
 
 § 4G. The following funds are hereby created and established, to which the moneys 
 properly belonging shall be apportioned by the treasurer, to wit: Bond fund, construc- 
 tion fund, general fund, funding fund. 
 
 Treasurer's reports. 
 
 $ 47. The treasurer shall pay out of the same only upon warrants of the board of 
 directors, signed by the president and attested by the secretary. The treasurer shall 
 report in writing at each regular meeting of the board of directors and as often there- 
 after as requested by the board, the amount of money in the fund, the amount of 
 receipts since his last report, and the amounts paid out; such reports shall be verified 
 and filed with the secretary of the board. 
 
 Redemption of bonds. 
 
 § 48. Upon the presentation of the coupons due, to the treasurer, he shall pay the 
 same from the bond fund. Whenever said fund shall amount to the sum of ten thousand 
 dollars in excess of an amount sufficient to meet the interest coupons due, the board 
 of directors may direct the treasurer to pay such an amount of said bonds not due as 
 the money in said fund will redeem, at the lowest value at which they may be offered 
 for liquidation, after advertising in the manner hereinbefore provided for the sale of 
 bonds, for sealed proposals for the redemption of said bonds. Said proposals shall be 
 opened by the board in open meeting, at a time to be named in the notice, and the 
 lowest bid for said bonds must be accepted; provided, that no bond shall be redeemed 
 at a rate above par. In case the bids are equal, the lowest numbered bond shall have 
 the preference. In case none of the holders of said bonds shall desire to have the same 
 redeemed, as herein provided for, said money shall be invested by the treasurer, under 
 the direction of the board, in United States bonds, or the bonds of the state, which shall 
 be kept in said "bond fund" and may be used to redeem said disti'ict bonds whenever 
 the holders thereof may desire. 
 
 Bids for construction of work. 
 
 § 49. After adopting a plan for such conduits, drains, pumping plants, water-gates 
 and other works as in this act provided for, the board of directors shall give notice by 
 publication thereof not less than twenty days in one newspaper published in each of the 
 counties composing the district (provided, a newspaper is published therein) and in 
 such other newspapers as they may deem advisable, calling for bids for the construction 
 of such work, or of any portion thereof; if less than the whole work is advertised, 
 then the portion so advertised must be particularly described in such notice. Said 
 notice shall set forth that plans and si^ecifications can be seen at the office of the 
 board, and that the board will receive sealed proposals therefor, and that the contract 
 will be let to the lowest responsible bidder, stating the time and place for opening said 
 proposals, which, at the time and place appointed shall be opened in public; and as 
 soon as convenient thereafter the board shall let said work, whether in portions or 
 as a whole, to the lowest responsible bidder; or they may reject any or all bids and 
 njadvertise for proposals, or may proceed to construct the work under their own super- 
 intendence. Contracts for the purchase of material shall be awarded to the lowest 
 responsible bidder. Any person or persons to whom a contract may be awarded shall 
 enter into a bond, with good and sufficient sureties, to be approved by the board, pay- 
 able to said district for its use for fifty per cent of the amount of the contract price, 
 conditioned for the faithful ijerformance of said contract. The work shall be done under 
 the direction and to the satisfaction of the engineer, and be approved by the board. 
 
 When claims shall be allowed. 
 
 § 50. No claim shall be paid by the treasurer until allowed by the board, and only 
 upon a warrant signed by the president, and countersigned by the secrolary.
 
 5Sn DRAINAGE DISTRICTS. Act 12S4, §§ 51-56 
 
 Expenses. 
 
 5 51. The cost and expense of purchasing and acquiring property and constructing 
 the works and improvements herein provided for, shall be wholly paid out of the 
 construction fund. 
 
 Construction of works across streams, etc. Right of way. 
 
 $ 52. The board of directors shall have power to construct the works necessary for 
 drainage purposes across any stream of water, watercourse, street, avenue, highway, 
 railway, canal, ditch, or flume which the route of said conduits or drains may intersect 
 or cross, in such manner as to afford security for life and property; but said board 
 shall restore the same, when so crossed or intersected, to its former state as near as 
 may be, or in such manner as not to have impaired unnecessarily its usefulness; and 
 every company whose railroad, and the board of supervisors, where any public highway 
 shall be intersected or crossed by said works, shall unite with said board in forming 
 said intersections and crossings, and grant the privileges aforesaid ; and if such railroad 
 company, or said board of supervisors, or the owners and controllers of the said property, 
 thing, or franchise so to be crossed, and the said board can not agree upon the amount 
 to be paid therefor, or the points or the manner of said crossings or intersections, 
 the same shall be ascertained and determined in all respects as is herein provided in 
 respect to the taking of property by condemnation. The right of way is hereby given, 
 dedicated, and set apart, to locate, construct and maintain said works over and through 
 any of the lands which are now or may be the property of this state. 
 
 Per diem of directors. 
 
 § 53. Each member of the board of directors shall receive three dollars per day for 
 each day's attendance at the meetings of the board, and actual and necessary expenses 
 while engaged in official business under the order of the board. 
 
 Must not be interested in contracts. 
 
 § 54. No director or any other officer named in this act shall in any manner be 
 interested, directly or indirectly in any contract awarded or to be awarded by the board, 
 or in the profits to be derived therefrom; and for any violation of this provision, such 
 officer shall be deemed guilty of a misdemeanor, and such conviction shall work a for^ 
 feiture of his office, and he shall be punished by a fine not exceeding five hundred 
 dollars or by imprisonment in the county jail not exceeding six months, or by both such 
 fine and imprisonment. 
 
 May call special elections. 
 
 § 55. The board of directors may at any time, when in their judgment it may be 
 deemed advisable call a special election and submit to the qualified electors of the dis- 
 trict the question, whether or not a special assessment shall be levied for the purpose 
 of raising money to be applied to any of the purposes provided in this act. Said elec- 
 tion must be called upon the notice prescribed and the same shall be held and the result 
 thereof determined and declared in all respects in conformity with the provisions of 
 section 27 of this act. The notice must specify the amount of money proposed to be 
 raised and the purpose for which it is intended to be used. At such elections the ballots 
 shall contain the words "Assessment — Yes" or "Assessment — No." If two-thirds or 
 more of the votes cast are "Assessment — Yes," the board shall proceed in the manner 
 hereinbefore prescribed for raising the annual funds by taxation. When collected, the 
 money shall be paid into the district treasury for the purpose specified in the notice 
 of such special election. 
 
 Restrictions of powers. 
 
 $ 56. The board of directors shall have no power to incur any debt or liability what- 
 ever, either by issuing bonds or otherwise, in excess of the expreas provisions of this
 
 Act 12S4, §§ 5T-59 
 
 GENERAL LAWS. 
 
 690 
 
 act; and any debt or liability incun-ed in excess of such express provisions shall be and 
 remain absolutely void ; except for the purposes of organization, or for any of the pur- 
 poses of this act, the board of directors may, before the collection of the first assess- 
 ment, incur an indebtedness not exceeding in the aggregate the sum of two thousand 
 dollars, and may cause warrants of the district to issue therefor, bearing interest at 
 seven per cent per annum. 
 
 District property exempt from taxation. 
 
 § 57. The rights of way, ditches, drains, conduits, flumes, pipe-lines, dams, reservoirs, 
 pumping plants, and other property of like character belonging to any drainage district 
 shall not be taxed for state and county or municipal purposes. 
 
 Action in re to determine validity of bonds. 
 
 § 58. The board of directors shall within thirty days after the issue of any bonds 
 herein provided for bring an action in the superior court of the county wherein is 
 located the office of such board, to determine the validity of any such bonds. Such 
 action shall be in the nature of a proceeding in rem, and jurisdiction of all parties 
 interested may be had by publication of summons for at least once a week for three 
 weeks in some paper of general circulation published in the county where the action is 
 pending, such paper to be designated by the court having jurisdiction of the proceed- 
 ings. Jurisdiction shall be complete within thirty days after the full publication of 
 such summons in the manner herein provided. Any one interested may, at any time 
 before the expiration of said thirty days, appear and by proper proceedings contest the 
 validity of such bonds, and may in the same action of proceeding contest the validity 
 of any bonds, coupons, or other evidences of indebtedness referred to in the petition for 
 funding and proposed to be funded, and if any such bonds, coupons, or evidences of 
 indebtedness be shown to be invalid, then the same shall only be funded for the amount 
 of such proportion thereof as equals the fair and reasonable value of whatever the dis- 
 trict may have received in consideration therefor, together with unpaid interest thereon, 
 and the amount of such proportion shall be determined and adjudicated by the court in 
 said action or proceeding. Such action shall be speedily tried and judgment rendered 
 declaring such bonds so contested either valid or invalid. Either party shall have the 
 right to appeal at any time within thirty days after the entry of such judgment, which 
 appeal must be heard and determined within three months from the time of taking 
 such appeal. 
 
 Assessment payer may bring action. 
 
 § 59. If no such proceeding shall have been taken by the board of directors, then at 
 anv time after thirty days and within ninety days after the issue of any bonds under 
 the provisions of this act, any district assessment payer may bring an 'action in the 
 superior court of the county wherein the office of the board of directors is located, to 
 determine the validity of any such bonds. The board of directors shall be made parties 
 defendant and service of summons shall be made on the members of the board person- 
 ally, if they can be found within the state; if not, then by publication for three weeks 
 in some newspaper, of general circulation within the county where the office of the 
 board of directors is located, such newspaper to be designated by the court having juris- 
 diction. Before such publication can be had, an affidavit, in the usual form shall be 
 made, showing such facts. Said board shall have the right to appear and contest such 
 action. Notice of said action shall be given by publication of summons therein in the 
 same manner and for the same time as required in the preceding section hereof in actions 
 brought by the publication of such summons in the manner herein provided. Any 
 district assessment payer or any one interested may appear and defend said action, and 
 thereafter the same proceedings shall be had in such action as are hereinbefore pro- 
 vided for in the preceding section hereof in actions brought by the board of directors,
 
 501' DRAINAGE DISTRICTS. Act 1284, §§ 60-66 
 
 and the same matters determined and adjudicated by the court therein. Such action 
 shall be speedily tried, with the right of appeal to either party, within the time and 
 manner herein provided for the bringing of actions by the board to detennine such 
 matters. Such appeal shall be heard and determined within three months from the 
 time of taking such appeal. 
 
 Sufficiency of proceedings, determination of. 
 
 § 60. At the hearing of such proceedings the court shall hear and determine the 
 sufficiency of all proceedings. 
 
 Consolidation of actions. 
 
 § 61. If more than one action shall be pending at the same time concerning similar 
 contests in this act provided for, they shall be consolidated and tried together. 
 
 Rules of pleading. 
 
 § 62. The court hearing any of the contests herein provided for, in inquiring into 
 the regularity, legality, or correctness of such proceedings, must disregard any error, 
 irregularity or omission which does not affect the substantial rights of the parties to 
 said action or proceeding. The rules of pleading and practice provided by the Code of 
 Civil Procedure, which are not inconsistent with the provisions of this act, are appli- 
 cable to all actions or proceedings herein provided for. The costs of any hearing or 
 contest herein provided for may be allowed and apportioned between the parties or 
 attached to the losing party, in the discretion of the court. 
 
 Contests to be made as provided herein. 
 
 § 63. No contest of any matter or thing herein provided for shall be made other than 
 within the time and manner herein specified. 
 
 Boundaries may be changed. 
 
 $ 64. The boundaries of any drainage district now organized or hereafter organized 
 under the provisions of this act, may be changed, and tracts of land which were 
 included within the boundaries of such district at or after its organization under the 
 provisions of this act, may be excluded therefrom, in the manner herein prescribed; 
 but neither such change of the boundaries of the districts nor such exclusion of lands 
 from the district shall impair or affect its organization, or its right in or to property, 
 or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair, 
 or discharge any contract, obligation, lien, or charge for or upon which said district 
 was or may become liable or chargeable, had said change of its boundaries not been 
 made, or had not such land been excluded from the district. 
 
 Petition to exclude tracts from district. 
 
 ^ 65. The owner or owners in fee of one or more tracts of land which constitute a 
 portion of a drainage district, may, jointly or severally, file with the board of directors 
 of the district a petition, praying that such tract or tracts, and any other tracts con- 
 tiguous thereto, may be excluded and taken from said district. The petition shall state 
 the grounds and reasons upon which it is claimed that such lands should be excluded, 
 and shall describe the boundaries thereof, and also the lands of such petitioner, or 
 petitioners which are included within such boundaries; but the description of such lands 
 need not be more particular or certain than is required when the lands are entered in 
 the assessment book by the county assessor. Such petition must be acknowledged in the 
 same manner and form as is required in the case of a conveyance of land, and the 
 acknowledgment shall have the same force and effect as evidence as the acknowledg- 
 ment of such a conveyance. 
 
 Publication of notice of petition. 
 
 § 66. The secretary of the board of directors shall cau55e a notice of the filing of 
 Buch petition to be published for at least two weeks in some newspaper published in
 
 Act 12S4, g§ CT-C9 
 
 GENKRAL LAWS. 
 
 51):: 
 
 the county where the office of the board of directors is situated, and if any portion of 
 such territory to be excluded lie within another county or counties, then said notice 
 shall be so published in a newspaper published within each of said counties; or, if no 
 newspaper be published therein, then by posting such notice for the same time in at 
 least three public places in said district, and in case of the posting of said notices, one 
 of said notices must be so posted on the lands proposed to be excluded. The notice 
 shall state the filing of such i^etition, the names of the petitioners, a description of the 
 lands mentioned in said petition, and the prayer of said petition; and it shall notify all 
 persons interested in, or who may be affected by such change of the boundaries of the 
 district, to appear at the office of said board at a time named in said notice, and show 
 cause, in writing, if any they have, why the change of the boundaries of said district, 
 as proposed in said petition, should not be made. The time to be specified in the notice 
 at which they shall be required to show cause shall be the regular meeting of the board 
 next after the expiration of the time for the publication of the notice. 
 
 Hearing of petition. 
 
 § 67. The board of directors, at the time and place mentioned in the notice, or at 
 the time or times to which the hearing of said petition may be adjourned, shall proceed 
 to hear the petition, and all evidence of proofs that may or shall be introduced by or 
 on behalf of the petitioner or petitioners, and all objections to such petition that may 
 or shall be presented in writing by any person showing cause as aforesaid, and all 
 evidence and proofs that may be introduced in support of such objections. Such evi- 
 dence shall be taken down, in shorthand, and a record made thereof and filed with the 
 board. The failure of any person interested in said district, other than the holders of 
 bonds thereof outstanding at the time of the filing of said petition with said board, to 
 show cause, in writing, why the tract or tracts of land mentioned in said petition should 
 not be excluded from said district, shall be deemed and taken as an assent by him to 
 the exclusion of such tract or tracts of land, or any part thereof, from said district; 
 and the tiling of such petition with said board, as aforesaid, shall be deemed and taken 
 as an assent by each and all of such petitioners to the exclusion from such district of 
 the lands mentioned in the petition, or any part thereof. The expenses of giving said 
 notice and of the aforesaid proceedings shall be paid by the person or persons filing 
 such petition. 
 
 Board may deny petition or may grant it. 
 
 $ 68. If, upon the hearing of any such petition, no evidence or proofs in support 
 thereof be introduced, or if the evidence fail to sustain said petition, or if the board 
 deem it not for the best interests of the district that the lands, or some portion thereof, 
 mentioned in the petition should be excluded from the district, the board shall order 
 that said petition be denied as to such lands; but if the said board deem it for the best 
 interests of the district that the lands mentioned in the petition, or some portion thereof, 
 be excluded from the district, and if no person interested in the district show cause in 
 writing, why the said lands, or some portion thereof, should not be excluded from the 
 district, or if, having shown cause, withdraws the same, or upon the hearing fails to 
 establish such objections as he may have made, then it shall be the duty of the board 
 to, and it shall forthwith, make an order that the lands mentioned and described in the 
 petition, or some defined portion thereof, be excluded from said district. 
 
 Bondholders may assent to exclusion. 
 
 ^ 69. If there be outstanding bonds of the district at the time of the filing of said 
 petition, the holders of such outstanding bonds may give their assent, in writing, to the 
 effect that they severally consent that the lands mentioned in the petition, or such 
 portion thereof as may be excluded from said district by order of said board, may be 
 excluded from the district; and if said lands, or any portion thereof, be thereafter
 
 593 DRAINAGE DISTRICTS. Act 1284, §§ 70-74 
 
 excluded from the district, the lands so excluded shall be released from the lien of such 
 outstanding bonds. The assent must be acknowledged by the several holders of 
 such bonds in the same manner and form as is required in the case of a conveyance of 
 land, and the acknowledgment shall have the same force and effect as evidence as the 
 acknowledgment of such conveyance. The assent shall be filed with the board, and 
 must be recorded in the minutes of the board; and said minutes, or a copy thereof, 
 certified by the secretary of said board, shall be admissible in evidence, with the same 
 effect as the said assent, and such certified copy thereof may be recorded in the ofiQco 
 of the county recorder of the county wherein said lands are situated. 
 
 Change of boundaries shall be recorded. 
 
 § 70. In the event the said board of directors shall exclude any lands from said 
 district upon petition thereof, it shall be the duty of the board of directors to make an 
 entry in the minutes of the board, describing the boundaries of the district, should the 
 exclusion of said lands from said district change the boundaries of said district, and for 
 that purpose the board may cause a survey to be made of such portions of the district 
 as the board may deem necessary; and a certified copy of the entry in the minutes of 
 the board excluding any land, certified by the president and secretary of the board, 
 shall be filed for record in the recorder's office of each county within which are situ- 
 ated any of the land of the district; but said district, notwithstanding such exclusion, 
 shall be and remain a drainage district as fully to every intent and purpose as it would 
 be had no change been made in the boundaries of the district, or had the lands excluded 
 therefrom never constituted a portion of the district. 
 
 When office of director may become vacant. 
 
 § 71. If the lands excluded from any district under this act shall embrace the 
 greater portion of any division or divisions of such district, then the office of director 
 for such division or divisions shall become and be vacant at the expiration of ten days 
 from the final order of the board excluding said lands; and such vacancy or vacancies 
 shall be filled by appointment by the board of supervisors of the county where the office 
 of such board is situated, from the district at large. A director appointed as above 
 provided shall hold his office until the next regular election for said district, and until 
 his successor is elected and qualified. 
 
 Order dividing district into divisions. 
 
 § 72. At least thirty days before the next general election of such district, the board 
 of directors thereof shall make an order dividing such district into three or five divi- 
 sions, as the case may require, as nearly equal in size as may be practicable, which shall 
 be numbered first, second, third and so on, and one director shall be elected by each 
 division. For the purposes of elections in such district, the said board of directors 
 must establish a convenient number of election precincts, and define the boundaries 
 thereof, which said precincts may be changed from time to time, as the board of 
 directors may deem necessary. 
 
 Guardians, executors, or administrators may sign. 
 
 $ 73. A guardian, an executor, or an administrator of an estate, who is appointed as 
 such under the laws of this state, and who as such guardian, executor, or administrator, 
 is entitled to the possession of the lands belonging to the estate which he represents, 
 may on behalf of his ward, or the estate which he represents, upon being thereto prop- 
 erly authorized by the proper court, sign and acknowledge the petition in section 65 
 of this act mentioned, and may show cause, as herein provided, why the boundaries of 
 the district should not be changed. 
 
 Exclusion shaU not operate to release from valid debts of district. 
 
 § 74. Nothing herein provided shall, in any manner, operate to release any of the 
 lands so excluded from the district from any obligation to pay, or any lien thereon, of 
 
 Gen. Laws — 3S
 
 Act 1284, §g 76-77 OliMiRAL LAWS. 594 
 
 any valid outstanding bonds or other indebtedness of said district at the time of the 
 filing of said petition for the exclusion of said lands, but upon the contrary, said lands 
 shall be held subject to said lien, and answerable and chargeable for and with the pay- 
 ment and discharge of all of said outstanding obligations at the time of the filing of the 
 petition for the exclusion of said land, as fully as though said petition for such exclu- 
 sion were never filed and said order of exclusion never made; and for the purpose of 
 dischai^ing such outstanding indebtedness, said lands so excluded shall be deemed and 
 considered as part of said drainage district the same as though said petition for its 
 exclusion had never been filed or said order of exclusion never made; and all provisions 
 which may have been resorted to to compel the payment by said lands of its quota or 
 portion of said outstanding obligations, had said exclusion never been accomplished, 
 may, notwithstanding said exclusion, be resorted to to compel and enforce the payment 
 on the part of said lands of its quota and portion of said outstanding obligations of 
 said drainage district for which it is liable, as herein provided. But said land so 
 excluded shall not be held answerable or chargeable for any obligation of any nature 
 or kind whatever, incurred after the filing with the board of directors of said district 
 of the petition for the exclusion of said lands from the said district; provided, that the 
 provisions of this section shall not apply to any outstanding bonds, the holders of which 
 have assented to the exclusion of such lands from said district, as hereinbefore provided. 
 
 Change of boundaries shall not impair organization. 
 
 § 75. The boundaries of any drainage district now organized or hereafter organized 
 under the provisions of this act may be changed in the manner herein prescribed, but 
 such change of the boundaries of the district shall not impair or affect its organization, 
 or its rights in or to property, or any of its rights or privileges of whatsoever kind or 
 nature; nor shall it affect, impair, or discharge any contract, obligation, lien or charge 
 for or upon which it was or might become liable or chargeable, had such change of its 
 boundaries not been made. 
 
 Petition to include tracts of land. 
 
 5 76. The holder or holders of title, or evidence of title, representing one-half or 
 more of any body of lands adjacent to the boundary of a drainage district, which are 
 contiguous and which taken together, constitute one tract of land, may file with the 
 board of directors of said district a petition, in writing, praying that the boundaries 
 of said district may be so changed as to include therein said lands. The petition shall 
 describe the boundaries of said parcel or tract of land, and shall also describe the 
 boundaries of the several parcels owned by the petitioners, if the petitioners be the 
 owners, respectively, of distinct parcels, but such descriptions need not be more partic- 
 ular than they are required to be when such lands are entered by the county assessor 
 in the assessment-book. Such petition must contain the assent of the petitioners to the 
 inclusion within said district of the parcels or tracts of land described in the petition, 
 and of which said petition alleges they are, respectively, the owners; and it must 
 be acknowledged in the same manner that conveyances of land are required to be 
 acknowledged. 
 
 Publication of notice of filing petition. 
 
 ^ 77. The secretary of the board of directors shall cause a notice of the filing of 
 such petition to be given and published in the same manner and for the same time that 
 notices of special elections for the issue of bonds are required by this act to be pub- 
 lished. The notice shall state the filing of such petition and the names of the peti- 
 tioners, a description of the lands mentioned in said petition, and the prayer of said 
 petition; and it shall notify all persons interested in, or that may be affected by such 
 change of the boundaries of the district, to appear, at the office of said board, at a time 
 named in said notice, and show cause in writing, if any they have, why the change in
 
 595 DRAINAGE DISTRICTS. Act 1284, gg 78-8a 
 
 the boundaries of said district, as proposed in said petition, should not be made. The 
 time to be specified in the notice at which they shall be required to show cause shall be 
 the regular meeting of the board next after the expiration of the time for the publica- 
 tion of the notice. The petitioners shall advance to the secretary sufficient money to 
 l?ay the estimated costs of all proceedings arising from such petition. 
 
 Hearing. 
 
 $ 78. The board of directors, at the time and place mentioned in the said notice, or 
 at such other time or times to which the hearing of said petition may be adjourned, 
 shall proceed to hear the petition and all the objections thereto, presented in writing 
 by any person showing cause as aforesaid why said proposed change of the boundaries 
 of the district should not be made. The failure of any person interested in said dis- 
 trict, or in the matter of the proposed change of its boundaries, to show cause, in writ- 
 ing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the 
 boundaries of the district as prayed for in said petition, or to such a change thereof as 
 will include a part of said lands. And the filing of such petition with said board, as 
 aforesaid, shall be deemed and taken as an assent on the part of each and all of such 
 petitioners to such a change of said boundaries that they may include the whole or any 
 portion of the lands described in said petition. 
 
 Requirements precedent. 
 
 § 79. The board of directors to whom such petition is presented, may require, as a 
 condition precedent to the granting of the same, that the petitioners shall severally pay 
 to such district such respective sums, as nearly as the same can be estimated (the 
 several amounts to be determined by the board), as said petitioners or their grantors 
 would have been required to pay to such district as assessments, had such lands been 
 included in such district at the time the same was originally formed. 
 
 Directors may grant or deny petition. 
 
 $ 80. The board of directors, if they deem it not for the best interests of the district 
 that a change of its boundaries be so made as to include therein the lands mentioned 
 in the petition, shall order that the petition be rejected. But if they deem it for the best 
 interests of the district that the boundaries of said district be changed and if no person 
 interested in said district or the proposed change of its boundaries shows cause, in 
 writing, why the proposed change should not be made, or if, having shown cause, with- 
 draws the same, the board may order that the boundaries of the district be so changed 
 as to include therein the lands mentioned in said petition or some part thereof. The 
 order shall describe the boundaries as changed, and shall also describe the entire 
 boundaries of the district as they will be after the change thereof as aforesaid is made; 
 and for that purpose the board may cause a survey to be made of such portions of such 
 boundary as is deemed necessary. 
 
 Resolution to include land. 
 
 v^ 81. If any person interested in said district of the proposed change of its 
 boundaries, shall show cause as aforesaid why such boundaries should not be changed, 
 and shall not withdraw the same, and if the board of directors deem it for the best 
 interests of the district that the boundaries thereof be so changed as to include therein 
 the lands mentioned in the petition, or some part thereof, the board shall adopt a 
 resolution to that effect. The resolution shall describe the exterior boundaries of the 
 lands which the board are of the opinion should be included within the boundaries of 
 the district when changed. 
 
 Election to determine if boundaries shall be changed. 
 
 § 82. Upon the adoption of the resolution mentioned in the last preceding section, 
 the board shall order that an election be held within said district, to determine whether
 
 Aci 1284, gg S3-87 
 
 GBNBRAL LAWS. 
 
 5oa 
 
 the boundaries of the district shall be changed as mentioned in said resolution; and 
 shall fix the time at which such election shall be held, and cause notice thereof to be 
 given and published. Such notice shall be given and published, and such election shall 
 be held and conducted, the returns thereof shall be made and canvassed, and the result 
 of the election ascertained and declared, and all things pertaining thei-eto conducted in 
 the manner prescribed by this act in case of a special election to determine whether 
 bonds of a drainage district shall be issued. The ballots cast at said election shall con- 
 tain the words "For change of boundary" or "Against change of boundary" or words 
 equivalent thereto. The notice of election shall describe the proposed change of the 
 boundaries in such manner and terms that it can readily be traced. 
 
 Majority vote to prevail 
 
 § 83. If at such election a majority of all the votes cast at said election shall be 
 against such change of the boundaries of the district, the board shall order that said 
 petition be denied, and shall proceed no further in that matter. But if a majority of 
 such votes be in favor of such change of the boundaries of the district, the board shall 
 thereupon order that the boundaries be changed in accordance with said resolution 
 adopted by the board. The said order shall describe the entire boundaries of said dis- 
 trict, and for that purpose the board may cause a survey of such portions thereof to be 
 made as the board may deem necessary. 
 
 Change to "be recorded. 
 
 § 84. Upon a change of the boundaries of a district being made, a copy of the order 
 of the board of directors ordering such change, certified by the president and secretary 
 of the board, shall be filed for record in the recorder's office of each county within 
 Avhich are situated any of the lands of the district, and thereupon the district shall be 
 and remain a drainage district, as fully, and to every intent and purpose, as if the lands 
 which are included in the district by the change of the boundaries, as aforesaid, had 
 been included therein at the original organization of the district. 
 
 Evidence. 
 
 § 85. Upon the filing of the copies of the order, as in the last preceding section men- 
 tioned, the secretary shall record in the minutes of the board the petition aforesaid; 
 and the said minutes, or a certified copy thereof, shall be admissible in evidence with 
 the same effect as the petition. 
 
 Guardian, executor, or administrator may sign. 
 
 § 86, A guardian, an executor or an administrator of an estate, who is appointed as 
 such under the laws of this state, and who, as such guardian, executor or administrator, 
 is entitled to the possession of the lands belonging to the estate which he represents, 
 may, on behalf of his ward, or the estate which he represents, upon being thereunto 
 authorized by the proper court, sign and acknowledge the petition in section 76 of this 
 act mentioned and may show cause why the boundaries of the district should not be 
 changed. 
 
 Order redividing district. 
 
 § 87. In case of the inclusion of any land within any district by proceedings under 
 this act, the board of directors, must, at least thirty days prior to the next succeeding 
 general election, make an order i*edividing such district, into three or five divisions, as 
 the case may require, as nearly equal in size as may be practicable, which shall be 
 numbered first, second, third and so on, and one elector shall thereafter be elected by 
 each division. For the purpose of elections, the board of directors must establish a 
 convenient number of election precincts in said districts, and define the boundaries 
 thereof, which said precincts may be changed from time to time as the board may 
 deem necessary.
 
 507 DRAINAGE DISTRICTS. Act 1284, 88 88-8i 
 
 Election to reduce bonded indebtedness. 
 
 § 88. Whenever the board of directors of a drainage district heretofore organized, or 
 hereafter organized under the provisions of this act, shall determine that the authorized 
 bonded indebtedness of such drainage district is greater than such district is liable to 
 need to complete its system as planned, and there be no outstanding bonds, the board 
 of directors may call a special election for the purpose of voting upon a proposition to 
 reduce such bonded indebtedness to such sum as the board may determine to be 
 sufficient for such purpose. 
 
 Notice of election. Ballots. 
 
 § 89. Notice of the said election shall be given in the same manner as provided in 
 section 27 of this uct, in relation to calling special elections for issuance of bonds. 
 The notice of election must state the amount of the authorized bonded indebtedness of 
 such district, and the amount to which it is proposed to reduce the same; also, the date 
 on which said election will be held and the polling-places, as established by said board 
 of directors. The ballots cast at said election shall contain the words "For reducing 
 bonds — Yes," or "For reducing bonds — No." When the vote is canvassed by the board 
 of directors and entered of record, if a majority of the votes cast shall be "For reducing 
 bonds — Yes," then in that event the board of directors shall only be empowered to 
 issue or sell the amount of bonds as was stipulated in the said notice of such special 
 election; but if a majority of said votes are not "For reducing bonds — Yes," then the 
 authority to issue bonds shall remain the same as before said special election was held. 
 
 Bondholders may assent to reduction. 
 
 § 90. In case there be outstanding bonds of any district desiring to take advantage 
 of the provisions of sections 88 and 89 of this act concerning reduction of bonded 
 indebtedness, the assent of such bondholders may be obtained to such reduction of the 
 bonded indebtedness, in the same manner as provided in section 69 of this act. If such 
 assent is obtained in the manner therein provided, then, and in that event, such district 
 shall be empowered to take advantage of all the provisions of said sections of this act, 
 but not otherwise. No reduction of the bonded indebtedness, as in this act provided 
 shall in any manner affect any order of court that may have been made, adjudicating 
 and confirming the validity of said bonds. 
 
 Election*to determine destruction of bonds. 
 
 § 91. Whenever there remains in the hands of the board of directors of any drainage 
 district organized under the provisions of this act, after the completion of its drain- 
 age system, and the payment of all demands against such district, any bonds voted to 
 be issued by said district, but not sold, and not necessary to be sold for the raising of 
 funds, for the use of such district, said board of directors may call a special election 
 for the purpose of voting upon a proposition to destroy said unsold bonds, or so many 
 of them as may be deemed best, or may submit such proposition at a general election. 
 
 Notice of election. Ballots. 
 
 $ 92. Such election shall be held in the same manner as other elections held under 
 the provisions of this act. A notice of such election shall be given in the same manner 
 as provided in section 27 of this act in relation to calling special elections for the issu- 
 ance of bonds. The notice of election must state the amount of the bonded indebted- 
 ness of such district authorized bj^ the vote of the district, the amount of the bonds 
 remaining unsold, and the amount proposed to be destroyed, and the date on which 
 such election is proposed to be held, and the polling-places as fixed by the board of 
 directors. The ballots to be cast at such election shall contain the words "For destroy- 
 ing bonds — Yes" and "For destroying bonds — No," and the voter must erase the word 
 "No" in case he favors the destruction of the bonds, otherwise the word "Yes."
 
 Act 12S5, g 1 GENERAL LAWS. 508 
 
 Two-thirds vote to prevail 
 
 § 93. When the vote is canvassed by the board of directors and entered of record, if 
 a two-thirds majority of the votes cast should be found to be in favor of the destruc- 
 tion of said bonds, then the president of the board, in the presence of a majority of the 
 members of the board, must destroy the bonds so voted to be destroyed, and the total 
 amount of bonds so destroyed and canceled shall be deducted from the sum authorized 
 to be issued by the electors of said district, and no part thereof shall thereafter be 
 reprinted or reissued. 
 
 Validity of prior districts not affected. 
 
 § 94. Nothing in this act shall be so construed as to affect the validity of any district 
 heretofore organized under the laws of this state, or its rights in or'to property, or any 
 of its rights or privileges of whatsoever kind or nature; but said districts are hereby 
 made subject to the provisions of this act so far as applicable; nor shall it affect, 
 impair, or discharge any contract, obligation, lien, or charge, for or upon which it was 
 or might become liable or chargeable had not this act been passed. 
 
 Acts repealed. 
 
 § 95. Nothing in this act shall be construed as repealing or in anywise modifying the 
 provisions of any other act relating to the subject of drainage except such as may be 
 contained in the act entitled "An act to provide for the organization and government 
 of drainage districts, for the drainage of agricultural lands other than swamp and over- 
 flowed lands, ' ' approved March thirty-first, eighteen hundred and ninety-seven, and any 
 subsequent acts supplementary thereto, or amendatory thereof, all of which acts, so far 
 as they may be inconsistent herewith, are hereby repealed. 
 
 Time of taking effect. 
 
 $ 96. This act shall take effect from and after its passage and approval. 
 
 1. Drainage act of 1897, repealed by the cal Code (of 1893), as to entry of Judgments 
 
 present act did not provide for the payment against counties for the recovery of such 
 
 of drainage district taxes under protest, and taxes. — Justice v. Robinson, 142 Cal. 199, 
 
 did not adopt the provisions of § 3819, Politi- 201, 75 Pac. 776. 
 
 BELLEVUE-WILFRED DRAINAGE DISTRICT. 
 ACT 1285 — An act to validate bonds of the Bellevue- Wilfred drainage district, and 
 all proceedings relating thereto, and making final and conclusive, except as herein 
 provided, the finding as to the result of the election at which said bonds were 
 authorized. 
 
 History: Approved May 16, 1919. In effect July 22, 1919. Stats. 
 1919, p. 713. 
 
 Bellevue-Wilfred drainage district bonds validated. 
 
 § 1. Bonds in the amount of twenty thousand dollars of the Bellevue-Wilfred 
 drainage district, and all the acts and proceedings of said district leading up to and 
 including the authorizing and issuance of said bonds, are hereby legalized, ratified, 
 confirmed, and declared valid to all intents and purposes, which district was organized 
 under an act entitled "An act to provide for the organization and government of 
 drainage districts for the drainage of agricultural lands other than swamp and over- 
 flowed lands, and to provide for the acquisition or construction thereby of works for 
 the drainage of lands embraced within such districts," approved March 20, 1913, as 
 amended. Said bonds were authorized by virtue of an election held in said district on 
 September 27, 1916, at which a majority of the votes cast were in favor of incurring 
 such bonded indebtedness, as found and determined by the board of directors of said 
 district upon canvassing such election returns. Said finding and determination of the 
 result of said election shall be and is hereby determined to be final and conclusive 
 
 I
 
 099 ^ DRAIXAGE DISTRICTS. Act 12S6. §§ 1, 2 
 
 against all persons, except the state of California, upon suit commenced by the 
 attorney general. Anj' such suit must be commenced within thirty days after this 
 act takes effect and not otherwise. 
 
 All said bonds, when issued and sold as in said act provided, shall be and are 
 hereby declared to be legal and valid obligations of said district, and the faith and 
 credit of said Bellevue- Wilfred drainage district is pledged for the prompt payment 
 and redemption of the principal and interest of said bonds, and said bonds by their 
 issuance shall be conclusive evidence of the regularity of all proceedings leading up 
 thereto, and that thej' were duly authorized at said election. 
 
 BUTTE COUNTY DRAINAGE DISTRICT NO. 1. 
 
 ACT 1286 — An act declaring certain drainage work already done within drainage dis- 
 trict number one, Butte county, to have been legally done, validating the same, and 
 making such work a proper subject for the levy of an assessment to pay therefor; 
 authorizing the levy and collection of such assessment in said district to provide 
 for such payment, and interest; the original assessment levied and collected being 
 insufficient to provide for such payment. 
 
 History: Approved May 21, 1917. In effect July 27, 1917. Stata. 
 1917, p. 789. 
 
 Work in drainage district No. 1. Butte county, validated. 
 
 % 1. All the work, labor, and services rendered drainage district number one in 
 the county of Butte, state of California, in the construction, maintenance and repair of 
 main and lateral drainage ditches, and drainage works, already done upon lands lying 
 within said district, for the payment for which the original assessment levied and 
 collected under the provisions of the act entitled, "An act to promote drainage," 
 approved March 18, 1885, as amended, was insufficient, is hereby declared to have 
 been legally done, is hereby validated and is hereby made a proper subject for the levy 
 of an assessment for the payment therefor. 
 
 Statement to board of supervisors. Order to make assessment. 
 
 % 2. The board of trustees of said drainage district is hereby authorized and 
 empowered to present to the board of supervisors of said county, a statement of all the 
 work, labor and services rendered said district in the constiiiction, maintenance and 
 repair of main and lateral drainage ditches, and drainage works, already done upon 
 lands lying 'within said district, for the payment for which the original assessment 
 levied and collected under the provisions of said act approved March 18, 1885, as 
 amended, was insufficient. Such statement shall contain a memorandum of the unpaid 
 claims existing by reason of the performance of said work, and the names of the 
 respective claimants; and shall specify those claims included in said memorandum for 
 which warrants have been issued, if there are any such claims, and the date of their 
 registration, and shall also specify those claims included in said memorandum for 
 which no warrants have been issued, if there are any such claims. Said board of 
 supervisors is hereby authorized and empowered to make an order directing that the 
 commissioners who made such original assessment, or other commissioners to be named 
 in such order, assess upon the lands situated within said district a charge proportionate 
 to the whole expense incurred for such work, the total of which shall not exceed the 
 sum of six thousand dollars, and to the benefit which has resulted from such work; 
 which charges must be collected and paid into the county treasury of said county either 
 in cash or in regularly issued wan*ants of said district as hereinafter provided, and 
 must be placed by the treasurer of said county to the credit of said district, and 
 applied to the payment of said claims, and to the payment of interest on any of said 
 claims for which warrants were issued and registered, at the rate of six per cent per
 
 Acts 12S7-12S9 
 
 GlilMDRAL. LAWS. 
 
 600 
 
 annum, from the respective dates of registration, upon the warrants of said trustees, 
 approved by said board of supervisors. 
 
 Warrants. 
 
 $ 3. All such warrants drawn by said trustees must, after they have been approved 
 by said board of supervisors, be presented to said treasurer; and if they are not paid 
 on presentation like endorsement must be made thereon, and they must be registered 
 in like manner as county warrants, and paid in the order of their registration. All 
 of such warrants shall, from the date of their registration, bear interest at the rate 
 of six per cent, per annum; provided, however, that any of such warrants may be used 
 in the payment of the assessment herein provided for without regard to the order of 
 their registration. 
 
 BUTTE COUNTY DRAINAGE DISTRICT NO. 100. 
 
 ACT 1287 — An act to recognize and declare valid all proceedings in drainage district 
 
 number one hundred of Butte county. 
 
 History: Approved April 4, 1919. In effect July 22, 1919. Stats. 
 1919, p. 32. 
 
 Drainage district No. 100, Butte county, validated. 
 
 § 1. Drainage district number one hundred of Butte county, as formed by the 
 board of supervisors of the county of Butte, state of California, and as now existing, 
 is hereby recognized and declared valid and all proceedings on the organization and 
 foi'mation thereof are hereby approved and in all respects declared valid. 
 
 KNIGHTS LANDING RIDGE DRAINAGE DISTRICT. 
 ACT 1288 — An act to create a drainage district to be called Knight's Landing ridge 
 drainage district; to promote drainage therein by the making of a cut through 
 Knight's Landing ridge, and the construction of a canal leading therefrom; to pro- 
 vide for the election and appointment of officers of said drainage district; defining 
 the powers, duties and compensation of such officers; and providing for levying and 
 collecting assessments upon the lands within said drainage district; the issuance of 
 bonds by said drainage district and testing the validity of the levy of such assess- 
 ments and the issuance of such bonds. 
 
 History: Approved April 30, 1913. In effect August 10, 1913. Stats. 
 1913, p. 109. Amended May 18, 1915. In effect August 8, 1915. Stats. 
 1915, p. 546. May 5, 1917. In effect July 27, 1917. Stats. 1917, p. 277. 
 
 See Act 1291a as to boundaries of Knights 
 Landing drainage district. 
 
 The amendment of 1017 provided for the 
 allowance of interest on a payment made 
 upon an assessment afterwards adjudged 
 invalid, and a credit for such payment on a 
 valid assessment. subsequently made. 
 
 The amendment of 1915 made certain 
 changes in the exterior boundaries of the 
 district, and in the administrative features 
 of the original act. 
 
 The act of 1919 (Act 1289) corrected a 
 clerical error in the description of the origi- 
 nal act. 
 
 BOUNDARIES OF KNIGHTS LANDING RIDGE DRAINAGE DISTRICT. 
 ACT 1289 — An act determining and defining the exterior boundaries of Knight's Land- 
 ing ridge drainage district, created by that certain act approved April 30, 1913, for 
 the purpose of correcting an error in description. 
 
 History: Approved May 7, 1919. In effect July 22, 1919. Stats. 
 
 1919, p. 365. 
 
 The purpose of this act as expressed in 
 the concluding paragraph of section one 
 thereof was to correct a clerical error in 
 
 the description cont.iined In of the original 
 act. See, ante, Act 1288.
 
 COl DRAINAGE DISTRICTS. Acts l::90, 1291, § 1 
 
 LOS ANGELES COUNTY DRAINAGE DISTRICT IIMPROVEMENT NO. 1. 
 ACT 1290 — An act validating the formation and organization of Los Angeles County 
 Drainage District Improvement No. 1 under the provisions of an act of the legis- 
 lature of the state of California, approved March 21, 1903, as amended May 7, 1915, 
 and entitled as amended "An act to promote the drainage of wet, swamp and 
 overflowed lands, and to promote the public health in the communities in which 
 they lie, providing for the issuance of bonds and levying of assessments on lands 
 benefited, to pay the costs and expenses thereof." 
 
 History: Approved May 4, 1917. In effect July 27, 1917. Stats. 
 1917, p. 227. 
 
 Los Angeles county drainage district improvement No. 1, validated. 
 
 § 1. Los Angeles County Drainage District Improvement No. 1, organized, formed 
 and established under the provisions of an act of the legislature of the state of 
 California, approved March 21, 1903, amended May 7, 1915, and entitled as amended 
 "An act to promote the drainage of wet swamp and overflowed lands, and to promote 
 the public health in the communities in which they lie, providing for the issuance 
 of bonds and levying of assesments on lands benefited, to pay the costs and expenses 
 thereof," and all proceedings leading to such organization, formation or establish- 
 ment of such district, are hereby aflSrmed and validated, and such district is hereby 
 declared to be duly organized and incorporated; and all the powers given to such 
 district and the officers thereof by said act are hereby declared to be enjoyed by said 
 district, and all the acts of said district and its oflacers are hereby ratified and approved. 
 
 LOS ANGELES COUNTY DRAINAGE IMPROVEMENT DISTRICT NO. 3. 
 ACT 1291 — An act validating the formation and organization and proceedings of 
 Los Angeles county drainage improvement district niimber three under the provi- 
 sions of an act of the legislature of the state of California, approved March 21, 
 1903, as amended May 7, 1915, and entitled as amended: "An act to promote the 
 drainage of wet, swamp and overflowed lands, and to promote the public health 
 in the communities in which they lie, providing for the issuance of bonds and 
 levying of assessments on lands benefited, to pay the cost and expenses thereof." 
 
 History: Approved April 21, 1919. In effect July 22, 1919. Stats. 
 1919, p. 135. 
 
 Los Angeles county drainage improvement district No. 3, validated. 
 
 § 1. Los Angeles county drainage improvement district No. 3, organized, formed 
 and established under the provisions of an act of the legislature of the state of 
 California, approved March 21, 1903, amended May 7, 1915, and entitled as amended, 
 "An act to promote the drainage of wet, swamp and overflowed lands, and to 
 promote the public health in the communities in which they lie, providing for the 
 issuance of bonds and levying of assessments on lands benefited, to pay the cost 
 and expenses thereof," and all proceedings leading to such organization, formation 
 or establishment of such district, and all acts and proceedings leading up to and 
 providing for the issuance of the bonds of said district, are hereby legalized, 
 ratified, confirmed and declared valid, and such bonds are declared to be the 
 legal and binding obligation of and against said district; that all the powers given 
 to such district and the officers thereof by said act are hereby declared to be 
 en.ioyed by said district, and all the acts of said district and its olficers are hereby 
 ratified and approved.
 
 Acts 1292, 1293 GENERAL LAWS. 002 
 
 MERCED COUNTY DRAINAGE IMPROVEMENT DISTRICT NO. 1. 
 
 ACT 1292 — An act validating the formation and organization, and determining 
 
 the boundaries of drainage improvement district number one of the county of 
 
 Merced, state of California. 
 
 History: Approved January 29, 1917. In effect immediately. Stata. 
 1917, p. 3. 
 
 Drainage improvement district No. 1, Merced county, validated. 
 
 § 1. Drainage Improvement District number one of the county of Mei'ced, state 
 of California, as formed and organized by the board of supervisors of said Merced 
 county, and as now existing, is herebj' recognized and declared valid, and all pro- 
 ceedings on the formation and organization thereof are hereby approved, ratified and 
 declared valid. 
 
 Boundaries. 
 
 § 2. The boundaries of said district, as fixed by the board of supervisors of said 
 Merced county are hereby approved and declared to be as follows : 
 
 Commencing at the northeast corner of section two, township seven south, raugj 
 eleven east, Mount Diablo base and meridian; thence, following section lines, south 
 three miles to the southeast corner of section fourteen, of said township and range ; 
 thence, following section lines, west two miles, to the southwest corner of section 
 fifteen, said township and range; thence, following section line, north one mile to 
 the northwest corner of said section fifteen; thence east three-eighths mile; thence 
 north one-half mile ; thence east three-sixteenths mile ; thence north one-quarter mile : 
 thence east seven-sixteenths mile; thence north one-quarter mile to the northeast 
 corner of section ten, said township and range; thence, following section line, nortn 
 seven-eighths mile to a point on the continuation easterly of the southerly line of 
 lot one of the San Joaquin-Eucalyptus Company's subdivision; thence westerly along 
 lot lines to the southwest corner of lot four of said subdivision; thence northerly along 
 lot line and the continuation thereof to the north line of section three, said township 
 and range; thence following section lines east one and one-eighth miles, more or less, 
 to the point of commencement. 
 
 Urgency measure. 
 
 § 3. Inasmuch as there are in said district bodies of stagnant water in close proximity 
 to communities, neighborhoods and a large number of residences; and inasmuch as 
 said bodies of stagnant water are injurious to the health of the said residents, and 
 of the inhabitants of said communities and neighborhoods, and for the preservatior. 
 of the safety and health of the public, must be drained; and inasmuch as this act i • 
 necessai-y to provide ample power for the drainage of said bodies of stagnant water, 
 it is hereby determined and declared that this act, and each and all of the provisions 
 thereof, constitute and is an urgency measure necessary for the immediate preserva- 
 tion of the public safety and health within the meaning of section one of article IV 
 of the constitution and shall take effect and be in full force immediately from and 
 after its passage. 
 
 MERCED COUNTY DRAINAGE IMPROVEMENT DISTRICT NO. 2. 
 
 ACT 1293 — An act validating the formation and organization, and determining the 
 boundaries of drainage improvement district number two of the county of Merced, 
 state of California. 
 
 History: Approved January 29, 1917. In effect immediately. Stat3. 
 1917, p. 4.
 
 603 DRAINAGE DISTRICTS, Act 1393, §§ 1-3 
 
 Drainage improvement district No. 2, Merced county, validated. 
 
 § 1, Drainage improvement district number two of the county of Merced, state of 
 California, as formed and organized by the board of supervisors of said county of 
 Merced, and as now existing, is hereby recognized and declared valid, and all proceed- 
 ings on the formation and organization thereof are hereby approved and declared valid. 
 
 Boundaries. 
 
 § 2. The boundaries of said district, as fixed by the board of supervisors of said 
 Merced county are hei'eby approved and declared to be as follows: 
 
 Commencing at the northeast corner of section six, township seven south, range 
 thirteen east, Mount Diablo base and meridian; thence south on the east line of 
 sections six and seven to the intersection of the north line of the California state 
 highway; thence northwesterly along said highway to a point that is at right angles 
 northeasterly from the northwest corner of lot five of Buhach colony; thence south- 
 westerly on the lot lines to a point ten chains southwest of the northwest corner of 
 said lot five; thence northwesterly parallel with the right of way of the Central Pacific 
 Railroad to a point on the easterly line of lot two of Buhach colony ten chains south- 
 west of the northeast comer of said lot; thence southwesterly on lot lines to the south- 
 east corner of lot twenty-four; thence southeasterly to the northeast comer of lot 
 thirty-one; thence southwesterly to the southeast corner of lot thirty-one; thence 
 south to the southeast corner of lot fifty-seven; thence west to the southwest corner 
 of lot fifty-seven; thence south on the westerly line of lot fifty-six to the southerly 
 line of canal right of way; thence southeasterly along said canal right of way through 
 lots fifty-six, fifty-five, fifty, fifty-one and fifty-two to the east line of lot fifty-two; 
 thence south to the southeast corner of lot fifty-three, all in Buhach colony; thence west 
 one mile to the northeast corner of section twenty- three ; thence south one mile to the 
 southeast corner of section twenty-three; thence west one-half mile; thence north one 
 mile; thence west one-half mile to the southwest corner of section fourteen; thence 
 north one-half mile; thence west one-fourth mile; thence north one-fourth mile; thence 
 west three-eighths mile; thence north one-fourth mile; thence east one and three-eighths 
 miles to the southeast corner of lot thirty, Atwater colony; thence north one mile to 
 the northeast corner of lot three, Atwater colony; thence west to the northwest corner 
 of lot four of said colony; thence north to the north line of the state highway; thence 
 northwesterly along state highway to the west line of section two, township seven south, 
 range twelve east. Mount Diablo base and meridian; thence north to the northwest 
 corner of section two; thence west to the quarter corner on the south line of section 
 thirty-four, township six south, range twelve east. Mount Diablo base and meridian; 
 thence north one and one-half miles to the center of section twenty-seven; thence east 
 about one-half mile to the intersection of the westerly line of the Livingston canal 
 right of way; thence southeasterly along the southerly line of said canal right of way 
 to the south line of section twenty-six; thence east to the northeast coi'ner of section 
 thirty-five; thence south about one-half mile to the south line of said canal right 
 of way; thence southeasterly along the south line of said canal right of way to the 
 intersection of the south boundary of section thirty-one of township six south, range 
 thirteen east, Mount Diablo base and meridian; thence east about three-fourths mile 
 to the place of commencement. 
 
 Urgency measure. 
 
 ^ 3. Inasmuch as there are in said district bodies of stagnant water in close prox- 
 imity to a large number of residences; and inasmuch as said bodies of stagnant water 
 are injurious to the health of the inhabitants of said community and for the preserva- 
 tion of the safety and health of the public, must be drained; and inasmuch as this 
 act is necessary to provide ample power for the drainage of said bodies of stagnant
 
 Aots 12»4-1302 GENERAIv I.AAVS. G04 
 
 water, it is hereby determined aud declared that this act, and each and all of the 
 provisions thereof, constitute and is an urgency measure necessary for the immediate 
 preservation of the })ublic safety and health within the meaning of section one, article 
 IV of the constitution and shall take effect and be in full force immediately from and 
 after its passage. 
 
 SACRAMENTO RIVER DRAINAGE DISTRICT. 
 ACT 1294 — An act creating Sacramento river drainage district, establishing a board of 
 commissioners therefor and defining their powers and duties. 
 
 History: Approved April 1, 1878, Stats. 1877-78, p. 987. 
 
 YOLO BASIN DRAINAGE DISTRICT. 
 ACT 1295 — An act to create a drainage district to be called Yolo basin drainage district, 
 to promote drainage therein, and to provide for the management and control of said 
 drainage district. ' 
 
 History: Approved April 21, 1909, Stats. 1909, p. 1024. 
 
 YOLO AND COLUSA DRAINAGE DISTRICT. 
 ACT 1296 — An act to provide for the drainage of certain lands in the counties of Colusa 
 
 and Yolo. 
 
 History: Approved April 1, 1878, Stats. 1877-78, p. 1037. 
 
 This act created the Colusa and Yolo Drainage District, and provided for its government. 
 
 DRAINAGE DISTRICT NO. 100 BUTTE COUNTY— VALIDATION. 
 ACT 1296a — An act to recognize and declare valid all proceedings in drainage district 
 number one hundred of Butte county. 
 
 History: Approved April 4, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 32. 
 
 Drainage district No. 100 Butte county validated. 
 
 ^ 1. Drainage district number one hundred of Butte county, as formed by the board 
 of supervisors of the county of Butte, state of California, and as now existing, is hereby 
 recognized and declared valid and all proceedings on the organization and formation 
 thereof are hereby approved and in all respects declared valid. 
 
 DRUGS. 
 See tits. "Adulteration"; "Pharmacy"; "Poisons.** 
 
 DUNSMUIR. 
 See Act 3094, note. 
 
 CHAPTER 93. 
 
 DWELLING HOUSES. 
 References: See tits. "Buildings"; "Tenement Houses." 
 
 CONTENTS OF CHAPTER. 
 ACT 1302. "State Dwelling House Act." 
 
 STATE DWELLING HOUSE ACT. 
 ACT 1302 — An act to regulate the construction, reconstruction, moving, alteration., 
 maintenance, use and occupancy of dwellings, and the maintenance, use and occupancy 
 of the premises and land on which dwellings are erected or Icceted, in incorporated 
 towns, incorporated cities, and incorporated cities and counties, and to provide pen- 
 alties for the violation thereof. 
 
 History: Approved May 31, 1917. In eli'ect September 1, 1917. Stats. 
 1917, p. 1461.
 
 nOO DWIi^LLING HOUSES. Act 1302. §§ 1-3 
 
 Title. 
 
 $ 1. This act shall be known as the "state dwelling-house act," and its provisions 
 shall apply to incorporated towns, incorpurated cities, and incorporated cities and 
 counties of this state. 
 
 Duty of building department. 
 
 $ 2. It shall be the duty of the "building department" of every incorporated town, 
 incorporated city, and incorporated city and county, to enforce all the provisions of 
 this act pertaining to the erection, construction, reconstruction, moving, conversion, 
 alteration and arrangement of dwellings. 
 
 Duty of housing departments. 
 
 It shall be the duty of the "housing department" of every incorporated town, incor- 
 porated city, and incorporated city and county to enforce all the provisions of this 
 act pertaining to the maintenance, sanitation, ventilation, use and occupancy of dwell- 
 ings after said dwellings have been erected, constructed or altered, as the case may be. 
 
 In case no such departments. 
 
 In the event that there is no building department or no housing department in an 
 incorporated town, incorporated city, or incorj^orated city and county, it shall be the 
 duty of the officer or officers who are charged with the enforcement of ordinances and 
 laws regulating the erection, construction or alteration of buildings, or the maintenance, 
 sanitation, ventilation or occupancy of buildings, or of the police, fire or health 
 regulations in said incorporated town, incorporated city, or incorporated city and 
 county to enforce all the provisions of this act. 
 
 Every incorporated town, incorporated city, or incorporated city and county in the 
 state of California shall have, and it is hereby empowered and given authority to 
 designate and charge by ordinance any other department or officer than the department 
 or officers mentioned herein, with the enforcement of this act, or any portion thereof. 
 
 Powers of commission of immigration and housing. 
 
 The commission of immigration and housing of California shall have, and it is hereby 
 empowered and given authority to enforce the provisions of this act, which do not 
 pertain to the actual erection, construction, reconstruction, moving, alteration or 
 an-angement of dwellings in all incorporated towns, incorporated cities, and incor- 
 porated cities and counties, in the state of California, whenever said commission finds 
 or discovers a violation or violations of the provisions of this act and notifies the 
 local department or officer, or departments or officers who are charged with the enforce- 
 ment of the provisions of this act, in writing, of such violation or violations, and the 
 said local department or officer, or departments or officers, fail, neglect or refuse to 
 enforce the provisions of the said act within thirty days thereafter; provided, however, 
 that the said commission of immigration and housing of California shall enforce the 
 provisions of this act only in the instances specified in said written notice. 
 
 Unlawful to construct dwelling contrary to act. 
 
 § 3. It shall be unlawful for any person, firm or corporation, whether as owner, 
 agent, contractor, builder, architect, engineer, superintendent, foreman, plumber, tenant, 
 lessee, lessor, occupant, or in any other capacity whatsoever to erect, construct, recon- 
 struct, alter, build upon, move, convert, use, occupy or maintain, or to cause, permit or 
 suffer to be erected, constructed, reconsti-ucted, altered, built upon, moved, converted, 
 used, occupied or maintained any dwelling or any portion thereof contrary to the pro- 
 visions of this act, or to commit or maintain or cause or permit to be committed or 
 maintained any nuisance in or upon any dwelling or any portion thereof, or any of the 
 premises, which are a part thereof, or which are required by the provisions of this act;
 
 Act 1302, §§ 4-7 GENERAL LAWS. 606 
 
 or to do or to cause to be done, or to use or cause to be used, any privy, sewer, cesspool, 
 plumbing or house drainage affecting the sanitary condition of any dwelling or any 
 ]jortion thereof, or of the premises thereof, contrary to any of the provisions of this 
 act. 
 
 Alterations. 
 
 $ 4. It shall be unlawful for any person to make any alterations or changes of any 
 kind whatsoever, to any dwelling erected prior to the passage of this act, or to any 
 dwelling hereafter erected, in any manner which would be inconsistent with any of the 
 provisions of this act, or in violation of the said provisions of this act; or in any 
 manner to diminish the size of the windows, or to remove any window or windows from 
 the rooms contrary to any of the provisions of this act. 
 
 Building converted to use as dwelling. Building moved. 
 
 § 5. A building not erected for, or which is not used as a dwelling at the time of 
 the passage of this act, if hereafter converted to or altered for such use, shall there- 
 upon become subject to all the provisions of this act affecting a dwelling hereafter 
 erected. 
 
 A building used as a dwelling at the time of the passage of this act, if moved, shall 
 be made to conform to all of the provisions of this act affecting dwellings hereafter 
 erected, in so far as they pertain to unoccupied area. 
 
 Penalty for violation. 
 
 § 6. Any person, firm or corporation violating any of the provisions of this act shall 
 be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by 
 a fine not exceeding five hundred dollars, or by imprisonment in a county jail not 
 exceeding six months, or by both such fine and imprisonment. 
 
 Procedure. 
 
 Except as herein otherwise specified, the procedure for the prevention of violations 
 of this act, for the vacation of dwellings or premises unlawfully occupied, or for the 
 abatement of a nuisance in connection with a dwelling or the premises thereof, shall 
 be as set forth in the charter and ordinances of the municipality in which the procedure 
 is instituted. 
 
 Power to enter building. 
 
 $ 7. The department or departments charged with the enforcement of this act in any 
 incorporated town, incorporated city or incorporated city and county, and the authorized 
 officers, agents or employees of such department or departments may, whenever neces- 
 sary, enter dwellings or portions thereof, or the premises thereof, within the corporate 
 limits of such towns, cities, or cities and counties, for the purpose of inspecting such 
 buildings, in order to secure compliance with the provisions of this act and to prevent 
 violations thereof. 
 
 The members of the commission of immigration and housing of California and the 
 agents, officers or employees of said commission may, whenever necessary, enter dwell- 
 ings or portions thereof, or the premises thereof, for the purpose of inspecting such 
 buildings in order to secure compliance with the provisions of this act and to prevent 
 violations thereof. 
 
 The owner or his authorized agent may, whenever necessary, enter dwellings, or 
 portions thereof, or the premises thereof, owned by him, to carry out any instructions 
 or to perform any work required to be done by the provisions of this act; provided, 
 however, that the authority to enter buildings, as in this section given to the persons 
 hereinbefore enumerated, shall not be construed or deemed to apply to the entering of 
 any such building between the hours of six o 'clock p. m. of any day and six o 'clock
 
 607 DW ELLING HOUSES. Act 1302, § 8 
 
 a. m. of the succeeding day, without the consent of the owner or of the occupants of 
 such buildings; but in no event shall the authority in this section given be construed 
 as permitting any of the persons hereinbefore enumerated to enter any such buildings 
 in the absence of the occupants thereof without a proper written order, duly executed 
 b}' a competent court authorized to issue such orders. 
 
 Definitions. 
 
 § 8. For the purpose of this act, certain words and phrases are defined as follows, 
 unless it shall be apparent from their context that they have a different meaning: 
 
 Words used in the singular include the plural, and the plural, the singular. 
 
 Words used in the present tense include the future. 
 
 Words used in the masculine gender include the feminine, and the feminine, the 
 masculine. 
 
 Words "building department," ** housing department," "department charged with 
 the enforcement of this act," shall be construed as if followed by the words, "of the 
 incorporated town, incorporated city, or incorporated city and county," as the case may 
 be, in which the dwelling is situated. 
 
 "Apartment." 
 
 "Apartment" is a room or suite of rooms which is occupied, or is intended or 
 designed to be occupied by one family for living and sleeping purposes. 
 
 ' ' Basement. ' ' 
 
 "Basement" is any story or portion thereof partly below the level of the curb or 
 the actual adjoining ground level, the ceiling of which in no part is less than seven 
 feet above the curb level or actual adjoining ground levels. If the adjoining ground 
 is excavated to or below the curb level, such excavated space shall have not less than 
 the minimum width and length required in this act for outer courts. 
 
 "Building." 
 "Building" is a dwelling. 
 
 "Building department." 
 
 "Building department" means the commissioner of buildings, superintendent of 
 buildings, chief inspector of buildings, or any officer or department charged with the 
 enforcement of ordinances and laws regulating the construction and alteration of 
 buildings or structures. 
 
 "Cellar."' 
 
 "Cellar" is any story or portion thereof, the ceiling of which is less than seven 
 feet above the curb level and actual adjoining ground levels. 
 
 "Curb level." 
 
 "Curb level" is the curb level opposite the center of the front of lot, and in the 
 event that a curb has not been established shall be deemed to be the average ground 
 level at the front of lot. 
 
 "Department." 
 
 "Department." Wherever the word "department" is used it means the building 
 department, the housing department or such other department or officer, or depart- 
 ments or officers, who are charged with the enforcement of the provisions of this act. 
 
 "Dwelling." 
 
 "Dwelling" is as follows: 
 
 (a) Any house or building, or any portion thereof, which contains not more than 
 two apartments, or not more than live guest rooms, or,
 
 Act 1302, §8 GENEllAI. LAWS. COS 
 
 (b) An^' house or building or any portion thereof, not more than one story in height, 
 which contains more than two apartments, or, 
 
 (c) Any house or building, or any portion thereof, of more than one story and not 
 more than two stories in height, which is designed, built, rented, leased, let ov hired out 
 to be occupied, or is occupied, as the home or residence of not more than foui families, 
 (four apartments) and Avhich is so arranged that each of the said families live inde- 
 pendently of each other, and which building is constructed and arranged so that a 
 separate section is or may be kept as a home or a residence of a separate family. Each 
 such section having an entirely independent and separate entrance, and if a stairway 
 is required, one separate stairway leading to each section from the street or from 
 an outside vestibule on the level of the first floor of said building, and with no room, 
 hallway, bathroom, water-closet or kitchen used in common by two or more families 
 occupying the said building. 
 
 "Family." 
 
 "Family" is one person living alone or a group of two or more persons living to- 
 gether in an apartment, whether related to each other by birth or not. 
 
 "Guest." 
 
 ' ' Guest '•' is any person hiring and occupying a room for sleeping purposes, and shall 
 include both boarders and lodgers. 
 
 "Guest room." 
 
 "Guest room" is a room which is occupied, or is intended, arranged or designed to 
 be occupied, for sleeping purposes by one or more guests. 
 
 ' ' Housing department. ' ' 
 
 "Housing department" is any department or commission charged with the enforce- 
 ment of ordinances or laAvs regulating the occupancy and maintenance of dwelling 
 house buildings; and where no such department is maintained, shall be deemed to be 
 the health commissioner, the department of health, health officer, or similar department 
 charged with the enforcement of laws and ordinances regulating the maintenance and 
 oceui>ancy of buildings or structures and of the health and sanitary requirements. 
 
 "Lot." 
 
 * ' Lot " is a parcel or area of land on which is situated a dwelling, together with the 
 land, and unoccupied spa'-es for such a dwelling, as required by this act; all of which 
 land shall be owned by or be under the absolute lawful control and in the lawful 
 possession of the dwelling. 
 
 "Nuisance." 
 
 "Nuisance" embraces public nuisance as known at common law or in equity juris- 
 prudence, and whatever is dangerous to human life or detrimental to health, and shall 
 also embrace the overcrowding with occupants of any room, insufficient ventilation, 
 or inadequate or insanitary sewerage or plumbing facilities, or unoleanliness, and 
 whatever renders air, food or drink unwholesome or detrimental to the health of 
 human beings. 
 
 "Person." 
 
 "Person" is a natural person, his heirs, executors, administrators or assigns; also 
 includes a firm, partnership or a corporation, its or their successors or assigns. 
 
 "Shall." 
 "Shall." Wherever this word is used it shall be mandatory.
 
 609 DWELLING HOUSEIS. Act 1302, §§ 0-14 
 
 "Street." 
 
 "Street" is any public street, alley, thoroughfare or park having a minimum width 
 of sixteen feet, measured from the front of lot to the opposite front of lot, and shall 
 have been dedicated or deeded to the public for public use. 
 
 Constmcted in substantial manner. 
 
 5 9. Every dwelling hereafter erected shall be constructed in a substantial manner; 
 and the building shall be so constructed as to provide shelter to the occupants against 
 the elements, and so as to exclude dampness in inclement weather. 
 
 Sleeping in cellar. 
 
 $ 10. In no dwelling shall any room in the cellar be constructed, altered, converted 
 or occupied for living or sleeping purposes. 
 
 Booms in basement. 
 
 § 11. In no dwelling shall any room in the basement be constructed, altered, con- 
 verted or occupied for living purposes unless it conforms to all of the requirements of 
 ihis act for rooms in other parts of the building, and that the ceiling of each such 
 room be in all parts not less than seven feet above the adjoining ground levels. 
 
 All the walls below the ground level and the floors of such a basement shall be 
 dampproofed and waterproofed. Such dampproofing and waterproofing shall run 
 through the walls and up as high as the ground level and continue throughout the 
 Moor. 
 
 Every basement in such buildings shall be illuminated and ventilated. 
 
 Ventilation beneath floor. 
 
 § 12. In every dwelling hereafter erected there shall be provided a clear air space 
 under the lowest floor thereof of at last six inches, except where three is a ventilated 
 basement or cellar underneath such floor, which clear air space shall be enclosed and 
 provided with a sufficient number of openings with removable screens, or similar pro- 
 visions, of a size to insure ample ventilation. The surface underneath the floor shall 
 be kept dry, drained, clean and free from any accumulation of rubbish, debris or filth. 
 
 Floor area. 
 
 The provisions of this section shall not be deemed to apply to masonry floors laid 
 directly on the soil, nor to any self-supporting masoni-y floor. 
 
 Width and height. 
 
 § 13. In every dwelling hereafter erected, every room used for living or sleeping 
 purposes shall contain at least ninety-square feet of superficial floor area. 
 
 Every such room shall at every point be not less than seven feet in width, nor less 
 than eight feet in height measured from the finished floor to the finished ceiling; 
 except that attic rooms and rooms where sloping ceilings occur need be eight feet in 
 height in but one-half the area of the room. 
 
 Every water-closet compartment shall be not less than thirty-six inches in width 
 and every such compartment and bath or shower compartment shall have a height of 
 not less than seven feet six inches measured from the finished floor to the finished 
 ceiling. 
 
 Windows. 
 
 § 14. In every dwelling hereafter erected, every room used for living or sleeping 
 purposes and eveiy kitchen, water-closet compartment, shower or bathroom, shall have 
 at least one window, of the area fixed by this act, opening directly upon a street, or 
 upon unoccupied area not less than four in its least dimension and containing an area of 
 not less than thirty-six square feet, and located on the same lot. 
 
 Gon. Laws — 39
 
 Act 1302, §§ 15-19 GENERAL LAWS. 610 
 
 Cornice. 
 
 A cornice may extend into the unoccupied area two inches for each one foot in 
 width of such unoccupied area. 
 
 Opening into vent shaft. Opening through porch. 
 
 Windows herein required shall be located so as properly to light all portions of the 
 room, and shall be made so as to open in all parts and so arranged that at least one- 
 half of the window may be opened unobstructed; provided, however, that the windows 
 required by this section in a water-closet compartment or bath or shower room may be 
 opened directly into a vent shaft, such vent shaft to be in no dimension less than 
 eighteen inches; provided, further, that windows required to open onto a street or onto 
 unoccupied area may open through porches, provided that the said porches do not 
 exceed seven feet in depth, measured at right angles to the windows and that at least 
 seventy-five per cent of the entire side of the porch, bounded by the street or unoccu- 
 pied area is left open, except that the open space may be enclosed with mosquito 
 screens. 
 
 Window area. 
 
 $ 15. In every dwelling hereafter erected the total window area in each room used 
 for living or sleeping purposes shall be at least one-eighth of the superficial floor area 
 of the room. 
 
 All measurements for window area shall be taken to outside of sash. 
 
 § 16. In every dwelling hereafter erected, the window area in a water-closet com- 
 partment or bathroom shall be not less than three square feet. 
 
 Water-closets. 
 
 5 17. Every dwelling hereafter erected shall be provided with one water-closet for 
 each family living therein. 
 
 Plumbing fixtures. 
 
 § 18. In every dwelling hereafter erected every plumbing fixture shall be provided 
 with running water. 
 
 Every plumbing fixture affecting the sanitary drainage system in dwellings here- 
 after erected shall be properly connected with the street sewer, if a street sewer exists 
 in the street abutting the lot on which the building is located and is ready to receive 
 connections. When it is impracticable to connect such plumbing fixtures with a street 
 sewer, then the plumbing fixtures shall be connected and drained into a cesspool con- 
 structed satisfactorily to the department charged with the enforcement of this act; 
 or some other means of sewage disposal satisfactory to the department charged with 
 the enforcement of this act may be made until such time as it may become practicable 
 and possible to connect with the street sewer. 
 
 Where no running water. Privy. 
 
 § 19. Water-closets, baths, showers, sinks, slop-sinks, faucets and other plumbing 
 fixtures required by this act need not be installed in the event that the dwelling 
 hereafter erected, or an existing dwelling as the case may be, is situated where there is 
 no running water and where there is no practical means of sewage disposal, until such 
 time as it becomes practicable and possible to obtain running water and means of 
 sewage disposal; provided, in evei-y such case the department charged with the enforce- 
 ment of this act shall decide whether or not it is practicable and possible to provide 
 running water, or proper means of sewage disposal; provided, further, that proper 
 toilet facilities shall be provided for the use of the occupants of such building. Such 
 facilities shall be made sanitary. A privy, or toilet other than a water-closet, erected 
 under the authority of this section shall consist of a pit at least three feet deep, with
 
 611 
 
 DAVELLING HOUSES. 
 
 Act 1302, §§ 20-22 
 
 suitable shelter over the same to afford privacy and protection from the elements. 
 The openings of the shelter and pit shall be enclosed by fly screening, and the door to 
 the shelter shall be made to close automatically, by means of a spring or other device. 
 No privy pit shall be allowed to become filled with excreta to nearer than one foot from 
 the surface of the ground, and the excreta in the pit shall be covered with earth, ashes, 
 lime or similar substances at regular intervals. 
 
 Earthenware bowls and seats. 
 
 $ 20. In every dwelling hereafter erected, and in every dwelling now existing, all 
 plumbing fixtures shall be properly trapped and vented and all such plumbing made 
 sanitary in every particulax*. Water-closets hereafter installed shall have earthenware 
 bowls and shall have earthenware seats, or seats made of some nonabsorbent material 
 integral with the bowls, or wooden seats, enameled or varnished or otherwise made 
 nonabsorbent, attached directly to the bowls. All connections shall be of standard 
 lead, iron, steel or brass. 
 
 No plumbing fixtures shall be enclosed with woodwork, but the space under and 
 around the same must be left entirely open. 
 
 Cooking in bath compartment. 
 
 § 21. It shall be unlawful for any person to cook or to prepare food, or to permit 
 or suffer any person to cook or to prepare food in any bath, shower, slop-sink or water- 
 closet compartment, or in any other place in the building which, in the judgment of 
 the department charged with the enforcement of this act, is detrimental to the proper 
 sanitation of such building. 
 
 Sleeping in cellar, etc. 
 
 It shall be unlawful for any person to live or sleep, or to permit or suffer anj' person 
 to live or sleep, in any cellar, bath, shower or slop-sink room, water-closet compartment, 
 hallway, closet or kitchen, or in any other place which, in the judgment of the depart- 
 ment charged with the enforcement of this act, would be dangerous or prejudicial to 
 life or health by reason of want of light, windows, ventilation, drainage, or on account 
 of dampness, offensive, obnoxious or iDoisonous odors or in any room that shall be so 
 overcrowded as to affoi'd less than the following floor space for each occupant in 
 accordance with the age of the said occupant: 
 
 Floor space for each occupant. 
 
 Number of persons over IS years of age. 
 
 1, 
 
 2 
 
 3. 
 4, 
 5. 
 6. 
 
 Number of 
 
 persons under 
 
 IS years of 
 
 age. 
 
 2 
 4 
 6 
 8 
 10 
 12 
 
 Superficial floor 
 area required. 
 
 60 square feet 
 120 square feet 
 180 square feet 
 240 square feet 
 300 square feet 
 360 square feet 
 
 Additional floor area in the same ratio shall be provided for additional persons. 
 
 Repapering. 
 
 $ 22, No wall, partition or ceiling of any room in any dwelling shall be repapered, 
 calcimined, or have any other covering placed thereupon unless the old wall paper or 
 other covering shall have first been removed therefrom, and the said wall, partition or 
 ceiling cleaned, disinfected and freed from bugs, insects or vermin.
 
 Act 1302, §§ 23-28 GENERAL, LAWS. 612 
 
 Eepairs. 
 
 $ 23. Every dwelling shall be maintained in good repair. The roofs shall be kept 
 waterproof and all storm or casual water properly drained and conveyed therefrona to 
 the street sewer, storm drain or street gutter. 
 
 Every water-closet, bathtub, sink, slop-hopper or other similar plumbing fixture 
 shall at all times be kept clean, sanitary and in good working order. 
 
 Metal mosctuito screening. 
 
 ^ 24. There shall be provided, whenever it is deemed necessary for the health of the 
 occupants of any dwelling or for the proper sanitation or cleanliness of any such 
 building, metal mosquito screening of at least sixteen mesh, set in tight-fitting remov- 
 able sash, for each exterior door, window or other opening in the exterior walls of the 
 building. 
 
 Garbage cans. 
 
 $ 25. There shall be provided by the occupant or tenant for each dwelling a tight 
 metal receptacle, with close-fitting metal cover, for garbage, refuse, ashes and rubbish 
 as may be deemed necessary by the department charged with the enforcement of this 
 act. The receptacles shall be kept in a clean condition by the occupants or tenants. 
 
 Room, etc.. kept clean. 
 
 $ 26. Every room, hallway, passageway, stairway, wall, partition, ceiling, floor, sky- 
 light, glass window, door, carpet, rug, matting, window curtain, water-closet, compart- 
 ment or room, toilet room, bathroom, slop-sink or wash-room, plumbing fixture, drain, 
 roof, closet, cellar, or basement in any dwelling, and the lot, and the premises thereof, 
 shall be kept in every part clean and sanitary and free from all accumulation of debris, 
 filth, rubbish, garbage or other offensive matter. 
 
 Swill, etc., not to be deposited in plumbing fixtures. 
 
 No person shall deposit, or cause or permit any person to deposit, any swill, garbage, 
 bottles, ashes, cans or other improper substance in any water-closet, sink, slop-hopper, 
 bathtub, shower, catch-basin, or in any plumbing fixture connection or drain therefrom, 
 or otherwise to obstruct the same ; or to place or cause or permit to be placed any filth, 
 urine or other foul matter in any place other than the place provided for same; or to 
 keep or cause or permit to be kept any urine or filth or foul matter in any room or 
 apartment in any dwelling or in or about the said building or premises thereof for such 
 length of time as to create a nuisance. 
 
 No animals in dwelling. 
 
 § 27. No horse, cow, calf, swine, sheep, goat, rabbit, mule or other animal, chicken, 
 pigeon, goose, duck or other poultry shall be kept in any dwelling house or any part 
 thereof; nor shall any such animal or poultry, nor shall any stable, be kept or main- 
 tained within twenty feet of any window or door of such building. 
 
 Action to abate nuisance. Authority to execute order. 
 
 $ 28. In case any dwelling, or any part thereof, is constructed, altered, converted or 
 maintained in violation of anj' provisions of this act or of any order or notice of the 
 department charged with its enforcement, or in case a nuisance exists in any such 
 dwelling or building or structure or upon the lot on which it is situated, said depart- 
 ment may institute any appropriate action or proceeding to prevent such unlawful 
 construction, alteration, conversion or maintenance, to restrain, correct or abate such 
 violation or nuisance, to prevent the occupation of said dwelling, building or structure, 
 to prevent any illegal act, conduct of business in or about such dwelling or lot. In any 
 such action or proceeding said department may, by affidavit setting forth the facts,
 
 613 DWELLIXG HOUSES. Act 1302, §§ 29-33 
 
 apply to the superior court, or to any judge thereof, for an order granting the relief for 
 which said action or proceeding is brought, or for an order enjoining all persons from 
 doing or permitting to be done any work in or about such dwelling, building, structure 
 or lot, or from occupying or using the same for any purpose, until the entry of final 
 judgment or order. In. case any notice or order issued by said department is not 
 complied with, said department may apply to the superior court, or to any judge thereof, 
 for an order authorizing said department to execute and carry out the provisions of 
 said notice or order, to remove any violation specified in said order or notice, or to 
 abate any nuisance in or about such dwelling, building or structure, or the lot upon 
 which it is situated. The court, or any judge thereof, is hereby authorized to make 
 any order specified in this section. In no case shall the said department or any officer 
 thereof or the municipal corporation be liable for costs in any action or proceeding 
 that may be commenced in pursuance of this act. 
 
 Fine a lien. 
 
 $ 29. Every fine imposed by judgment under section six of this act upon a dwelling 
 owner shall be a lien upon the house in relation to which the fine is imposed, from the 
 time of the filing of a certified copy of said judgment in the office of the recorder of 
 the county in which said dwelling is situated, subject only to taxes and assessments and 
 Avater rates, and to such mortgage and mechanics' liens as may exist thereon prior to 
 such filing; and it shall be the duty of the department charged with the enforcement 
 of the provisions of this act, upon the entry of such judgment, to file forthwith the 
 copy as aforesaid, and such copy upon filing shall be forthwith indexed by the recorder 
 in the index of mechanics' liens. 
 
 Notice of pendency of action. 
 
 § 30. In any action or proceeding instituted by the department charged with the 
 enforcement of this act, the plaintiff or petitioner may file, in the county recorder's 
 oflSce of the county where the property affected by such action or proceeding is situated, 
 a notice of the pendency of such action or proceeding. Said notice may be filed at the 
 time of the commencement of the action or proceeding, or at any time afterwards before 
 final judgment or order, or at any time after the service of any notice or order issued 
 by said department. Such notice shall have the same force and effect as the notice 
 of pendency of action provided for in the Code of Civil Procedure. Each county 
 recorder with whom such notice is filed shall record it and shall index it in the name 
 of each person specified in a direction subscribed by an officer of the department insti- 
 tuting such action or proceeding. Any such notice may be vacated upon the order of 
 a judge of the court in which such action or proceeding was instituted or is pending. 
 The recorder of the county where such notice is filed is hereby directed to mark such 
 notice and any record or docket thereof as canceled of record, upon the presentation 
 and filing of a certified copy of such order. 
 
 Time of service. 
 
 § 31. Every notice or order in relation to a dwelling shall be served five days before 
 the time for doing the thing in relation to which it shall have been issued. 
 
 Manner of service. 
 
 § 32. In any action brought by any department charged with the enforcement of 
 this act in relation to a dwelling for injunction, vacation of the premises or other abate- 
 ment of nuisance, or to establish a lien thereon, it shall be sufficient service of summons 
 to serve the same as notices and orders are served under the provisions of the Code of 
 Civil Procedure. 
 
 Minimum recLuirements. Supplementary laws. 
 
 ^ 33. The provisions of this act shall be held to be the minimum requirements 
 adopted for the protection, the health and the safety of the community, and for tha
 
 Act 1302, 88 31,35 GFNERAI. I-AWS, CH 
 
 protection, the health and the safety of the occupants of dwellings. Nothing in this 
 act contained shall be construed as prohibiting the local legislative body of any 
 incorporated town, incorjiorated city, or incorporated city and county, from enacting 
 from time to time, supplementary ordinances or laws imposing further restrictions, 
 or providirg for fees to be charged for permits, certificates or other papers required 
 by this act; but no ordinance, law, regulation or ruling of any municipal department, 
 authority, officer or officers, shall repeal, amend, modify or dispense with any of the 
 provisions of this act. 
 
 Repealed. 
 
 All statutes of the state and all ordinances of incorporated towns, incoqiorated 
 cities and incorporated cities and counties, as far as inconsistent with the provisions of 
 this act, are hereby repealed; provided, that nothing in this act contained shall be 
 construed as repealing or abrogating any present ordinance or law of any incorporated 
 town, incorporated city, or incorporated city and county, in the state which further 
 restricts the percentage of the lot to be covered by a dwelling, the occupation thereof, 
 the materials to be used in its construction, or increasing the floor space to each person 
 occupying a room, the requirements as to sanitation, ventilation, light and protection 
 against fire. 
 
 Power of cities not abrogated. 
 
 Nothing in this act contained shall be construed as abrogating, diminishing, mini- 
 mizing or denying the power of any incorporated town, incorporated city, or incoi-por- 
 ated city and county, by ordinance or law, to further restrict the percentage of the lot 
 to be covered by a dwelling within said municipality, the occupation thereof, the 
 materials to be used in its construction, or increasing the floor space to each person 
 occupying a room, the requirements as to sanitation, ventilation, light and protection 
 against fire. 
 
 Constitutionality. 
 
 $ 34. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause, and phrase thereof, 
 irrespective of the fact that any one or more sections, subsections, sentences, clauses, 
 or phrases be declared unconstitutionaL 
 
 In effect when. 
 
 ^ 35. This act shall take effect and be in force from and after September 1, 1917. 
 
 EAGLE ROCK. 
 
 See Act 3094, note. 
 
 EAST SAN DIEGO. 
 
 See Act 3094, note. 
 
 CHAPTER 94. 
 
 EGGS. 
 References: See tit. "Cold Storage." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1303. Sale of Imported Eggs. 
 
 1304. Sale op Food and Drink Containing Eggs. 
 
 1305. Regulations as to Packing of Imported Eggs. 
 
 1306. Sale of Eggs in Tran:sit More Than Thirtvone Days.
 
 «15 EGGS. Act 1303, §§ 1-5 
 
 SALE OF IMPORTED EGGS. 
 ACT 1303 — An act to regulate the sale of eggs that have been shipped or imported into 
 the state of California from any point or place outside of the United States, requir- 
 ing the marking thereof by all persons selling, or offering the same for sale, and 
 fixing penalties for the violation of the same or of any of the provisions thereof. 
 
 History: Approved June 4, 1915. In effect August 8, 1915. Stats. 
 1915. p. 1163. 
 
 Wholesalers, etc., importing eggs. 
 
 $ 1. For the purposes of this act the words "person, firm, company or corporation" 
 shall include wholesalers, retailers, jobbers, and every place where eggs that have been 
 shipped or imported into the state of California, from any point or place outside of 
 the United States, are sold or offered for sale. 
 
 Imported eggs to be branded. 
 
 § 2. Every person, firm, company or corporation who sells, offers for sale, or has in 
 his, or their, possession for sale, or consigns, ships or presents to any dealer, commis- 
 sion merchant, consumer, or other person, any egg or eggs that have been shipped or 
 imported into the state of California, from any point or place outside of the United 
 States, shall before so doing, cause to be stamped, marked or branded upon one end 
 thereof in black-faced letters not less than one-eighth of an inch in height, the word 
 "Imported." 
 
 Sign displayed in salesroom. 
 
 § 3. Every person, firm, company, or corporation, selling or offering for sale any eggs 
 that have been shipped or imported into the state of California, from any point or 
 place outside of the United States, shall display in a conspicuous place in his or their 
 public salesroom, a sign, which shall be not less than one foot in height and six feet in 
 length, bearing the words "Imported Eggs Sold Here" in blackfaced letters not less 
 than six inches in height and one inch in width upon a white ground. 
 
 Report to state board of health. 
 
 § 4. Every person, firm, company or corporation who receives eggs that have been 
 produced in any foreign country and shipped or imported into this state shall immedi- 
 ately thereafter make a report to the state board of health, giving the number of eggs 
 received, the date when received and the place where such eggs were produced. 
 
 Penalty. 
 
 5 5. Every person, firm, company or corporation who shall fail to comply with any 
 of the provisions of this act is guilty of a misdemeanor, and, upon conviction thereof, 
 shall be punished by imprisonment in the county jail for not more than six months; 
 or by a fine of not more than two hundred dollars, or by both such fine and imprison- 
 ment, in the discretion of the court. It shall be the duty of the state board of health 
 to enforce the provisions of this act. 
 
 1. The act June 4, 1015 regulating the that purpose, and the provisions it contains, 
 
 sale of imported eggs is unconstitutional be- imposing upon the dealer an onerous and 
 
 cause of unreasonable restrictions. — In re expensive duty of advertising elaborately 
 
 Foley, 172 Cal. 744, Ann. Cas. 1918a, 180, the fact that the eggs were imported, would 
 
 158 Pac. 1034. not protect the public against stale eggs, 
 
 a. Constitutionality — Purpose of act. — If but would aid the domestic producer by 
 
 the purpose of the act was to protect the appealing to the public prejudice against 
 
 public from the sale of stale and unwhole- eggs produced in foreign lands. — In re 
 
 •some eggs, the statute was faultr.y drawn. Folev. 172 Cal. 744, Ann. Cas. 1918a, 180, 168 
 
 _i..we It contains no provisions adopted to I'ac. lOJj.
 
 \C'(S l:i04, 1305, § 1 GKNKRAI. LAWS. 6T6 
 
 SALE OF FOOD AND DRINK CONTAINING EGGS. 
 
 ACT 1304 — An act to regulate the sale of food and drink, the ingredients of which are 
 
 in part composed of eggs shipped or imported into the state of California, from any 
 
 point or place outside of the United States, requiring the marking of all bills of fare 
 
 or menu cards placed on tables or counters in establishments preparing, serving or 
 
 offering for sale any such food or drink, and fixing penalties for the violation of the 
 
 same or of any of the provisions thereof. 
 
 History: Approved June 4, 1915. In effect August 8, 1915. Stata. 
 1915, p. 1164. 
 
 "Person," etc., means hotel, restaurant, etc. 
 
 $ 1. For the purposes of this act the words "person, firm, company or corporation" 
 shall include hotels, restaurants, cafeterias, lunch counters, lunch wagons, saloons, soda 
 fountains, bakeries, delicatessens and boarding houses, and every place where food or 
 drink is prepared and offered for sale. 
 
 Menu cards to bear "imported eggs used here.'* 
 
 $ 2. Every person, firm, company or corporation who prepares or serves, sells or 
 offers for sale, any food or drink, the ingredients of which are in part composed of 
 eggs shipped or imported into the state of California, from any point or place outside 
 of the United States, before so doing shall cause to be printed on all bills of fare 
 or menu cards placed on his or their tables or counters, in black-faced letters not less 
 than one-eighth of an inch in height, the words "Imported eggs used here." 
 
 Sign displayed in salesroom. 
 
 $ 3. Every person, firm, company or corporation preparing, serving, selling or offer- 
 ing fo*- sale any food or drink, the ingredients of which are in part composed of eggs 
 shipped or imported into the state of California, from any point or place outside of 
 the United States, shall display in a conspicuous place in his or their public salesroom, 
 a sign, which shall be not less than six inches in height and three feet in length, 
 bearing the words "Imported eggs used here" in black-faced letters not less than three 
 inches in height and one-quarter of an inch in width, upon a white ground. 
 
 Penalty. 
 
 § 4. Every person, fii*m, company or coi'poration who shall fail to comply with any of 
 the provisions of this act is guilty of a misdemeanor, and, upon conviction thereof, 
 shall be punished by imprisonment in the county jail for not more than six months; 
 or by a fine of not more than two hundred and fifty dollars, or by both such fine and 
 imprisonment, in the discretion of the court. It shall be the duty of the state board 
 of health to enforce the provisions of this act. 
 
 Constitutiouality. — See Act 1303, notes. 
 
 PACKING IMPORTED EGGS. 
 ACT 1305 — An act to regulate the placing of cards in all packages or wrappers 
 enclosing manufacturers' food products, before being sold or offered for sale, which 
 are composed in part of eggs shipped or imported into the state of California, from 
 any point or place outside of the United States, and fixing penalties for the viola- 
 tion of the same or of any of the provisions thereof. 
 
 History: Approved June 4, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1165. 
 
 "Person," etc., includes bakeries, etc. 
 
 $ 1. For the purposes of this act the words "person, firm, company or corpora- 
 tion," shall include biscuit companies, cracker companies, bakeries, manufacturers of 
 food products, and every person manufacturing and selling food products in packages.
 
 I 
 
 617 EGGS. Act 1306, §§ 1-4 
 
 Package food product containing imported eggs to carry card. 
 
 $ 2. Every person, finn, company or corporation who sells, or offers for sale, any 
 manufactured food product, the ingredients of which are in part composed of eggs 
 shipped or imported into the state of California, from any point or place outside of 
 the United States, shall, before so doing, cause to be placed in each package or 
 wrapper enclosing such manufactured food product, a white card one and one-half 
 inches in height and three inches in length, on one side of which shall be printed or 
 stamped in legible black-faced letters, the words "Imported eggs used in the manu- 
 facture of this article," and no other words, letters or figures shall be printed or 
 stamped on the same side of the card. 
 
 Penalty. 
 
 $ 3. Every person, firm, company or corporation who shall fail to comply with any 
 of the provisions of this act is guilty of a misdemeanor, and upon conviction thereof, 
 shall be punished by imprisonment in the county jail for not more than six months; 
 or a fine of not more than two hundred and fifty dollars, or by both such fine and 
 imprisonment, in the discretion of the court. It shall be the duty of the state board 
 of health to enforce the provisions of this act. 
 
 Constitutionality. — See Act 1303, notes. 
 
 SALE OF EGGS IN TRANSIT MORE THAN THIRTY-ONE DAYS. 
 ACT 1306 — An act to regulate the sale of eggs which have been in. transit more than 
 thirty-one days, and prescribing penalties for violations thereof. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 258. 
 
 "Words defined. 
 
 $ 1. For the purpose of this act the words, "person, firm, company or corpora- 
 tion" shall include wholesalers, retailers, jobbers, and every person, firm, company or 
 corporation owning, operating or conducting any place of business where eggs are 
 sold or offered for sale. 
 
 Eggs in transit more than thirty-one days to be marked "storage." 
 
 § 2. Every person, firm, company or corporation who sells, offers for sale, or has 
 in his or their possession for sale, or consigns, ships or presents to any dealer, com- 
 mission merchant, consumer, or other person, any egg or eggs which said egg or eggs 
 is or were produced at any place requiring thirty-one days or more to transport the 
 eggs to the selling point, shall, before so doing, cause to be stamped, marked or 
 branded upon the container thereof in black-faced letters not less than one-half of an 
 inch in height the word "storage." 
 
 Display of sign in salesroom. 
 
 ^ 3. Every person, firm, company or corporation selling or offering for sale any 
 eggs which were produced at any place requiring thirty-one days or more to transport 
 the eggs to the selling point, prior to the date of sale or offering for sale, shall display 
 in a conspicuous place in his or their public salesroom a sign which shall not be less 
 than one foot in height and six feet in length, bearing the words "storage eggs sold 
 here" in black-faced letters not less than six inches in height and one inch in width 
 upon a white ground. 
 
 Report to state board of health. 
 
 § 4. Every person, finn, company or corporation who receives eggs that have been 
 produced at any place requiring thirty-one days or more to transport the eggs to the 
 selling point, prior to their sale or offering for sale, shall, immediately thereafter 
 report to the state board of health the number of eggs received, the date when received
 
 Acts 1307-1309 GENERAL LAWS. CIS 
 
 and the place where such eggs were produced, and the name of the person, firm, 
 company or corporation to whom sold. 
 
 Enforcement. 
 
 $ 5. It shall be the duty of the state board of health to enforce the provisions of 
 this act, and to that end the said board may make necessary rules and regulations. 
 
 Penalty. 
 
 $ 6. Every person, firm, company or corporation who shall fail to comply with 
 any of the provisions of this act is guilty of a misdemeanor and upon conviction 
 thereof shall be punished by imprisonment in the county jail for not more than six 
 months; or by a fine of not more than two hundred dollars, or by both such fine and 
 impn>^/Qment in the discretion of the court. 
 
 EL CAJON. 
 
 See Act 3094, note. 
 
 EL CENTRO. 
 
 See Act 3094, note. 
 
 EL CERRITO. 
 
 See Act 3094, note. 
 
 CHAPTER 95. 
 
 EL DORADO COUNTY. 
 
 References: Boundaries and county seat, see Kerr's Cyc. Political Code, § 3927. 
 County government, see Kerr's Cyc. Political Code, § 4000, et seq. 
 County officers, compensation and salaries, see Kerr's Cyc. Political Code, § 4217. 
 Estrays, see tit. "Estrays." 
 Fences, see tit. "Fences." 
 
 Fish and game warden, see Kerr's Cyc. Political Code, § 4149d. 
 
 Legal distance of county seat from Sacramento, see Kerr's Cyc. Political Code, § 159. 
 Registrar, salary, fees, allowances, deputies, and assistants, see Kerr's Cyc. Political 
 
 Code, § 41496. 
 Settlements with controller and state treasurer, see Kerr's Cyc. Political Code, § 3866. 
 Trespassing animals, see tit. "Trespassing Animals." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1307. Eefunding or Bonded Indebtedness. 
 
 1308. Lawful Fences. 
 
 1309. Trespassing Animals on Private Property in Mud Springs Township, 
 
 REFUNDING OF BONDED INDEBTEDNESS. 
 
 ACT 1307 — An act for the funding of the bonded indebtedness of El Dorado County. 
 History: Approved April 1, 1878. Stats. 1877-78, p. 1046. 
 
 LAWFUL FENCES. 
 ACT 1308 — An act concerning lawful fences in El Dorado county. 
 
 History: Approved April 1, 1870. Stats. 1869-70, p. 584. Continued 
 in force by the codes. See Kerr's Cyc. Political Code, § 19. 
 
 Lawful fences. — This act provided as to by animals and provided for double damages 
 what should constitute lawful fences in for the second and any subsequent offense. 
 El Dorado county; it also defined trespasses 
 
 TRESPASSING ANIMALS IN MUD SPRINGS TOWNSHIP. 
 
 ACT 1309 — An act to prevent the trespassing of animals upon private property in the 
 
 county of El Dorado. 
 
 History: Approved March 30, 1874, Stats. 1873-74, p. 859. 
 
 Code Commissioner's note. — "Modified and ters on "Estrays" and "Trespassing- Anl- 
 probably repealed by estray law, 1897, p. 198; mals." 
 iiiOl, p. 603." But see editor's note to chap-
 
 618 ELE^CTIONS. Act 1327, § 1 
 
 CHAPTER 96. 
 
 ELECTIONS. 
 
 References: Elections and registration, in general, see Kerr's Cyc. Political Code, tit. 
 
 "Elections," appropriate subject. 
 Elections, municipal and district, for special purposes, see appropriate and particular 
 
 title. 
 Bogus ballots, see Kerr's Cyc. Penal Code, §§ 62, et seq. 
 Intoxicating liquors, sale of, on election day, see Kerr's Cyc. Penal Code, § 63b. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1327. Purity of Elections Act of 1907. 
 
 1328. State Commission on Voting oe Balloting Machines, 
 
 1329. Supplementary to Above. 
 1332. Special Elections. 
 
 1337. "Direct Primary Law of 1913." 
 
 1338. "Presidential Primary Act." 
 
 1339. Consolidation of Elections. 
 
 1340. Legalizing Begistrations of Electors. 
 
 1341. Prohibiting "Piece Clubs." 
 
 1342. Special State Election Called October 26, 1915. 
 
 PURITY OF ELECTIONS ACT OF 1907. 
 
 ACT 1327 — An act to regulate the conduct of election campaigns, and repealing an act 
 
 entitled "An act to promote the purity of elections by regulating the conduct 
 
 thereof, and to support the privilege of free suffrage by prohibiting certain acts and 
 
 practices in relation thereto, and providing for the punishment thereof," approvea 
 
 February 23, 1893. 
 
 History: Approved March 19, 1907, Stats. 1907, p. 671. Amended 
 June 6, 1913. In effect August 10, 1913. Stats. 1913, p. 396. Former 
 act of February 23, 1893, Stats. 1893, p. 12. Amended March 27, 1895, 
 Stats. 1895, p. 227; March 3, 1905, Stats. 1905, p. 37; March 10, 1905, 
 Stats. 1905, p. 93, was repealed by the present act, after partial codifi- 
 cation, §§ 19, 20, 21, 22, 24, 25, 26, 28, 41, and 42 became §§ 54b, 54a, 42, 
 42a, 46, 57, 57a, 47, 59, and 49, respectively, of the Penal Code. The 
 first sentence of § 27 became § 50, and the second sentence, § 51, of the 
 same code. 
 
 Statement of campaign expenses. Names of contributors. Disclaimer of responsi- 
 bility. Filed with secretary of state. With county clerk. Vouchers. 
 $ 1. Every candidate who is voted for at any public election held within the state 
 shall, within fifteen days after the day of holding such election, file, as hereinafter pro- 
 vided, an itemized statement, showing in detail all moneys paid, loaned, contributed, or 
 otherwise furnished to him, or for his use, directly or indirectly, in aid of his election, 
 and all money contributed, loaned, or expended by him, directly or indirectly by him- 
 self or through any other person, in aid of his election. Such statement shall give the 
 names of the various persons who paid, loaned, contributed, or otherwise furnished such 
 moneys in aid of his election, and the names of the various persons to whom such 
 moneys were contributed, loaned or paid, the specific nature of each item, the service 
 performed, and by whom performed, and the purpose for which the money was 
 expended, contributed or loaned. If the candidate seeks to avoid the responsibilitj' of 
 any illegal payment made by any other person in his behalf, he shall set out such 
 illegal payment and disclaim responsibility therefor. Candidates for office to be filled 
 by the electors of the state or of any political division thereof greater than a county, 
 and for members of the senate and assembly, representative in Congress, or members 
 of the state board of equalization, or state board of railroad commissioners, shall file 
 their statements in the office of the secretary of state. Candidates for all other offices 
 shall file their statements in the office of the clerk of the county wherein the election
 
 Act J327, §8 2, 3 GENERAl. L,A"W^S. «20 
 
 is held, and within which the duties of the office for which the candidate is voted for 
 are to be exercised. The statement of a committee or candidate shall be recorded in 
 the office of the county recorder, and shall, after being filed, become a public record, 
 and open at all times to public inspection and no fee or charge whatsoever shall be 
 collected or made by any officer herein specified for filing or recording any statement 
 required to be filed or recorded under the provisions of this act. Vouchers must be 
 filed for all expenditures, except in the case of sums under five dollars. [Amendment 
 approved June 6, 1913. Stats. 1913, p. 396.] 
 
 Duty of committee. 
 
 $ 2. Every committee organized for the purpose, or chained with the duty of con- 
 ducting the election campaign of any political party, or of any candidate or candidates, 
 shall appoint a treasurer, who shall receive and disburse all moneys contributed for 
 such campaign purposes, and keep a true account thereof, and shall, in the same 
 manner as herein required of candidates, file an itemized statement of all money 
 received or disbursed by him as such treasurer. 
 
 What are legitimate expenses. Amount that can be expended by candidate or in 
 
 his behalf. 
 
 $ 3. No sum of money shall be paid and no expense incurred by or on behalf of any 
 candidate or campaign committee as defined in section two of this act, or any body of 
 superior authority, to which such committee is subject, if an;-, whether before, during, 
 or after an election, on account of or in respect of the conduct or management of such 
 election, except for the expenses of holding and conducting public meetings for the dis- 
 cussion of public questions, and of printing and circulating specimen ballots, handbills, 
 cards, and other papers previous to such election, and of advertising and of postage, 
 expressage, telegi-aphing, and telephoning, and of supervising the registration of 
 voters, and watching the polling or counting of votes cast at such election, and of 
 salaries of persons employed in transacting business at office or headquarters and nec- 
 essary expenses of maintaining the same, and for rent of rooms necessary for the 
 transaction of the business of candidate or committee, or superior authority to which 
 such committee is subject, if any, and for necessary incidental expenses, which shall 
 not exceed the sum of one hundred dollars, if expended by a candidate, or one thousand 
 dollars, if expended by a committee; and no sum shall be paid and no expense shall be 
 incurred, directly or indirectW, by or on behalf of a candidate, whether before, during, 
 or after an election, on account of or in respect of the conduct and management of an 
 election at which he is a candidate, in excess of the maximum amount following, that 
 is to say : if the term of the office for which the person is a candidate be for one year 
 or less, five per centum of the amount of one year's salary of the office; if the term be 
 for more than one year, and not more than two years, ten per centum of the amount of 
 one year's salary of the office; if the term be for more than two years, and not more 
 than three years, fifteen per centum of the amount of one year's salary of the office; 
 if the term be for more than three years, and not more than four years, twenty per 
 centum of the amount of one year's salary of the office; if the term be for more than 
 four years, ten per centum of the amount of one year's salary of the office; if the 
 office be one for which, in lieu of a salary, there is allowed per diem, for a statutory 
 period, or for the number of days actually engaged in the performance of public duties, 
 twenty -five per centum of the amount to accrue for the statutory period; if the office 
 be one for which in lieu of a salary, a yearly sum is allowed the officer for all the 
 expenses of his office, the expenditures of the candidate for such office shall not exceed 
 the amount of ten per centum of the allowance for such office for one year; if the 
 office be one for which no salary or compensation is allowed, except fees, or a salary 
 not exceeding nine hundred dollars per annum and fees, the expenditures of the candi- 
 date for such office shall not exceed the amount of one hundrod and fifty dollars; if
 
 «21 ELECTIONS. Act 1327, §g 4-6 
 
 the office be one for which no salary or compensation is allowed, or for which a per 
 diem is allowed for the days actually employed in the performance of a public duty, 
 the erpenditui:es of the candidate for such office shall not exceed one hundred dollars; 
 if the candidate is also at the same time a candidate for an unexpired term, he shall 
 not pay or expend any sum on account of such unexpired term, but the maximum 
 amount to be expended by such candidate shall be as hereinabove provided. 
 
 When claims must be presented. 
 
 § 4. Every claim payable by a committee as defined in section two of this act on 
 account of or in respect of any expense incurred in the conduct and management of an 
 election held within this state, or on behalf of the candidates of the political party, 
 organized assemblage, or body which such committee represents, must be presented to 
 the committee within ten days after the return day of the election, and if not so pre- 
 sented, the same shall not be paid, and no action shall be commenced or maintained 
 thereon, and all expenses incurred as aforesaid shall be paid within fifteen days after 
 the comjiletion of such official canvass, and not otherwise. Every claim in respect of 
 any expenses incurred by or on behalf of a candidate at an election held within this 
 state on account of or in respect of the conduct or management of such election shall 
 be presented to such candidate within ten days after the day of election, and if not so 
 presented, the same shall not be paid, and no action shall be instituted or maintained 
 thereon; and all such expenses incui-red as aforesaid must be paid within twelve days 
 after the day of election, and not otherwise. Any person who makes a payment in con- 
 travention of this section, except where such payment is allowed, as provided by this 
 act, is guilty of a misdemeanor. 
 
 Claims presented after time limit, how may be paid. 
 
 § 5. The superior court of the county in which such statement is filed or is required 
 to be filed, may, on the application of either the committee or candidate, or a creditor 
 of either allow any claim, not in excess of the maximum amount alloAved by this act, 
 to be presented and paid after the time limited by this act; and a statement of any sum 
 so paid, with a certificate of its allowance, shall forthwith, after payment, be filed by 
 the committee or candidate in the same office as the original statement of the com- 
 mittee or candidate. If the candidate or committee, upon such application, shall show 
 to the satisfaction of said court that any error or false recital in such statement, or 
 that the failure to make such statement or to present, within the designated time, a 
 claim otherwise just and proper, has been occasioned by the absence or illness of such 
 candidate, or by the absence, illness or death of one or more members of such commit- 
 tee, or by the misconduct of any person other than such applicant, or by inadvertence 
 or excusable neglect, or of any reasonable cause of a like manner, and not by reason of 
 any want of good faith on the part of the applicant, the court may, after such notice 
 of the application as the court shall require, and on the production of such evidence 
 of the facts stated in the application as shall be satisfactory to such court, by order, 
 allow such statement to be filed, or such error or false recital therein to be corrected, 
 or such claims to be paid, as to the court seems just; and such order shall relieve the 
 applicant from any liability or consequences under this act in respect of the matters 
 excused by the order. If the application is made by a creditor, the court may, under 
 like conditions and upon a like showing, order the claim to be paid, and the creditor 
 shall also be entitled to his costs. The claims of one or more creditors may be united 
 in such application, but the amount and specific nature of each claim must be fully 
 stated. 
 
 Rooms must not be rented where intoxicating liquors are sold. 
 
 § 6. No payment of any money shall be made by a committee or candidate for the 
 rent of any premises to be used as a committee-room or headquarters, or for holding a
 
 Act 1327, 8§ 7-10 
 
 GENERAL LAWS. 622 
 
 meeting, or for the puri^ose of promoting tlie election of a candidate, or on account of, 
 or in respect to the conduct or management of, an election, where intoxicating liquors 
 are sold for consumption on the premises, or where intoxicating liquor is supplied to 
 members of any club, society, or association; provided, that nothing in this section shall 
 apply to any part of such premises which is ordinarily let for the purposes of offices, 
 or for holding public meetings, if such part has a separate entrance and no direct 
 communication with any part of the premises on which any intoxicating liquor or 
 refreshment is sold or supplied as aforesaid. 
 
 Name of printer. 
 
 § 7. Every bill, placard, poster, pamphlet or other printed matter having reference 
 to an election, or to any candidate, shall bear upon the face thereof the name and 
 address of the printer and publisher thereof, and no payment therefor shall be made or 
 allowed unless such address is so printed. 
 
 Act of 1893 repealed. 
 
 § 8. An act entitled ''An act to promote the purity of elections by regulating the 
 conduct thereof, and to support the privilege of free suffrage by prohibiting certain 
 acts and practices in relation thereto, and providing for the punishment thereof," 
 approved February twenty-third, eighteen hundred and ninety-three, and all other 
 acts and parts of acts inconsistent with this act are hereby repealed; provided that 
 no provision of this act shall be construed so as to repeal any provision of title four 
 of part one of the Penal Code, entitled "Of Crimes against the Elective Franchise." 
 
 Penalty. 
 
 $ 9. Any person offending against any of the provisions of this act shall be guilty 
 of a misdemeanor, and be dealt with as provided in the Penal Code. 
 
 Who is competent witness. This section to be read to witness. 
 
 § 10. A person offending against any provisions of this act is a competent witness 
 against another person so offending, and may be compelled to attend and testify upon 
 any trial, hearing, proceeding, or lawful investigation or judicial proceeding, in the 
 same manner as any other person. If such person demands that he be excused from 
 testifving on the ground that his testimony may incriminate himself, he shall not be 
 excused, but in that case the testimony so given shall not be used in any prosecution 
 or proceeding, civil or criminal, against the person so testifying, except- for perjury in 
 giving such testimony, and he shall not thereafter be liable to indictment or present- 
 ment by information, nor to prosecution or punishment for the offense with reference 
 to which his testimony was given. No person shall be exempt from indictment, pre- 
 sentment by information, prosecution or punishment for the offense with reference to 
 which he may have testified as aforesaid when such person so testifying does so volun- 
 tarily or when such person so testifying fails to ask to be excused from testifying on 
 the ground that his testimony may incriminate himself, but in all such cases the testi- 
 mony so given may be used in any prosecution or proceeding, civil or criminal, against 
 the person so testifying. Any person shall be deemed to have asked to be excused from 
 testifying under this section unless, before any testimony is given by such a witness, 
 the judge, foreman or other person presiding at such trial, hearing, proceeding or 
 investigation, shall distinctly read this section to such witness, and the form of the 
 objection by the witness shall be immaterial if he in substance makes objection that 
 his testimony may incriminate himself, and he shall not be obliged to object to eaeli 
 question, but one objection shall be sufficient to protect such witness from prosecution 
 ' for any offense concerning which he may testify upon such trial, hearing, proceeding 
 or investigation.
 
 623 
 
 ELECTIONS. 
 
 Act 1327 
 
 Act takes effect when. 
 
 $ 11. This act shall take effect and be in force from and after its passage. 
 
 1. Constitutionality. — The legislature had 
 the power to require, as it did in the act of 
 1893, an officer elect to file the statement 
 prescribed by section 3, and to provide for 
 a forfeiture of the office to which he was 
 elected upon his failure to do so. — Bradley 
 V. Clark, 133 Cal. 196. 65 Pac. 395. 
 
 2. Same — Oath of Office. — The provision 
 of section 4 of the act of 193, requiring the 
 giving of the oath therein prescribed, by 
 candidates for office, as a condition to hold 
 the office he is seeking, is unconstitutional 
 as in violation of section 3, Article XX of 
 the constitution, prescribing an oath of of- 
 fice in lieu of all others. — Bradley v. Clark. 
 133 Cal. 196, 65 Pac. 395. 
 
 3. Construction of 32 of the act of 1S93. 
 — The section is to be construed as intended 
 to secure evidence against offenders against 
 the penal provisions of the act, where two 
 or more persons are required to co-operate, 
 and it is only a witness who testifies at the 
 trial, hearing, prosecution or legal investi- 
 gation or judicial proceeding, against a 
 person charged with an offense against some 
 provision of the act, against which he has 
 also offended, can claim the immunity given 
 therein. — Ex parte Cohen, 104 Cal. 524, 43 
 Am. St. Rep. 127, 26 L.. R. A. 423, 38 Pac. 364. 
 
 4. Information — Procuring fal.se regis- 
 tration. — The statute is not directed against 
 official misconduct, and in an information 
 charging a deputy registrar of procuring 
 and allowing the false registration of a 
 voter, the phrase "as such deputy regis- 
 trar," is held to be surplusage, since the 
 act embraces "every person" without re- 
 gard to his official character. — People v. 
 Sternberg, 111 Cal. 3, 43 Pac. 198. 
 
 5. Indictment. — An indictment charging 
 that "while the votes were being counted 
 and canvassed . . . one George Lee wil- 
 fully, unlawfully and feloniously interfered 
 with the regular election officers of said 
 precinct" etc., sufficiently charges a viola- 
 tion of section 23 of the purity of elections 
 act of 1893. — People v. Lee, 107 Cal. 477, 40 
 Fac. 754. 
 
 6. Same — One completed felony. — The 
 indictment charges one completed felony — 
 a violation of section 29 of the act of 1893 
 — and does not also charge a conspiracy, 
 and is not objectionable on the ground of 
 duplicity. — People v. Eagan, 116 Cal. 287, 
 48 Pac. 120. 
 
 7. Evidence of accomplice — Sufficiently 
 corroborated — False registration. — The evi- 
 dence of the voter, falsely registered and 
 shown to be the accomplice of the defendant 
 under prosecution for procuring such false 
 registration, held to be sufficiently corrobo- 
 rated by other testimony. — People v. Stern- 
 berg, 111 Cal. 3, 43 Pac. 198. 
 
 8. Evidence not sufficient. — It Is held that 
 the evidence was not sufficient to justify 
 a conviction of the offense of falsifying the 
 returns. — People v. Eagan, 116 Cal. 287, 48 
 Pac. 120. 
 
 9. lustructiona — Procnrlng false regis- 
 
 tration — Accomplice. — In a prosecution fo'' 
 procuring false registration, the defendant 
 can not complain of an instruction that th» 
 voter alleged to have been falsely regis- 
 tered, was defendant's accomplice, for the 
 reason that such instruction was more 
 favorable to the defendant than otherwise, 
 since if such witness was not an accomplice 
 the jury could not have convicted without 
 corroborating evidence. — People v. Stern- 
 berg, 111 Cal. 3, 43 Pac. 198. 
 
 10. Witness — Claim of constitutional 
 privilege. — A witness called to testify as to 
 the illegal giving of money to him by the 
 defendant in an election contest can not, in 
 view of the provisions of section 32 of the 
 act of 1893, claim his constitutional privi- 
 lege and refuse to testify on the ground 
 that his answer would incriminate him, 
 even if it should be conceded that he had 
 violated any law, in receiving such money. — 
 Ex parte Cohen. 104 Cal. 524, 43 Am. St. Rep. 
 127, 26 L. R. A. 423, 38 Pac.' 364; Bradley 
 v. Clark, 133 Cal. 196, 65 Pac. 395. See, also. 
 Rebstock v. Superior Court, 146 Cal. 308, 314, 
 80 Pac. 65. 
 
 11. Only oft'ending witnesses can claim 
 immunity under the act of 1893 for testi- 
 mony given as to offenses thereunder. — • 
 Bradley v. Clark, 133 Cal. 196, 65 Pac. 395. 
 
 12. No duty is imposed upon one vtho 
 receives money from a candidate for office 
 to inquire whether the money so received is 
 in excess of the amount he is allowed under 
 the purity of elections act to spend. — 
 Bradley v. Clark, 133 Cal. 196, 65 Pac. 395. 
 
 13. The promisee of the promise of a 
 candidate, illegally made, to give him the 
 patronage of the office, is not guilty of any 
 offense against the purity of elections act, 
 even though he act upon the promise and 
 promote the promisor's election. — Bradley v. 
 Clark, 133 Cal. 196, 65 Pac. 395. 
 
 14. Illegal promise of candidate not to 
 ciualify. — A promise by a candidate for 
 office not to qualify, or enter, or discharge 
 the duties of the office which he seeks, for 
 the purpose of creating a vacancy, and 
 thereby saving the expense of maintaining 
 the office by the taxpayers, is a ground for 
 contest under section 19 of the act of 1893. 
 Bush V. Head, 154 Cal. 277, 97 Pac. 512. 
 
 15. Declaration of candidate — Negative 
 statements. — The purity of elections act 
 does not contemplate the making of nega- 
 tive statements as moneys received by a 
 candidate, and a declaration by a candidate 
 that he received no money goes beyond the 
 demands of the act. — Land v. Clark, 132 C{4. 
 673. 64 Pac. 1071. 
 
 15a. — Same — Technical violation of lavr. — 
 The statement of expenditures required of 
 defendant contestee by the purity of elec- 
 tions act show a substantial compliance 
 with the act, and his failure to give an item- 
 ized statement of expenditures under tht 
 head of sundries and incidentals, if such an 
 itemized statement is required under thai 
 head, was at most a technical violation ol
 
 Ac* 1328, g 1 GBNBRAL, LAWS. • 624 
 
 the law, not warranting forfeiture of the matter for determination In a separate pro- 
 office to which he had been elected. — Land ceeding, and the trial court did not err in 
 V. Clark, 132 Cal. 673, 64 Pac. 1071. refusing to allow the contestee to allege as 
 
 16. DiKcretiun of trial court in election a part of his defense a violation of that act 
 contests. — The trial court is vested with a on the part of the contestant. — Maddux v. 
 large discretion in matters relating to elec- Walthall, 141 Cal. 412, 74 Pac. 1026. 
 
 tion contests under the purity of elections 19. — Primary elections. — The purity of 
 
 act of 1893, and successful candidates are elections act of 1893 has no application to 
 
 not to forfeit their ofp.ces for merely tech- primary elections. — People v. Cavanaugh, 
 
 nical violations of the law. — Land v. Clark, 112 Cal. 674, 44 Pac. 1057. 
 132 Cal. 673, 64 Pac. 1071. 20. Rental of quarters for political or- 
 
 17. Personal interest of contestant. — The eanization. — Where there was evidence 
 fact that the contestant has a personal in- which would have warranted a finding that 
 terest in an election contest under the pur- a political organization occupied rented 
 ity of elections act of 1893, as one claiming premises under the authority and permis- 
 the office himself, can not affect the validity sion of the defendant and that the lease of 
 of the act Itself, In view of the fact that the the defendant was a general lease having 
 legislature was empowered to authorize any no relation to any candidate or election 
 (.lector to take proper steps to determine committee, it was error to direct a verdict 
 whether a candidate was legally elected or in favor of the defendant, upon the theory 
 not. — Maddux v. Walthall, 141 Cal. 412, 74 that the premises were rented for a politi- 
 Pac. 1026. cal organization and that plaintiff had not 
 
 18. Materiality of violations of law by complied with the purity of elections law, 
 the contestant. — If a contestant has himself in presenting his claim for rental. — Lucken- 
 vlolated any of the penal provisions of the bach v. Lissner (Cal. App), 186 Pac. 629. 
 purity of elections act that is properly a 
 
 COMMISSION ON VOTING OR BALLOTING MACHINES. 
 ACT 1328 — An act creating a state commission on voting or balloting machines, defin- 
 ing their powers, and providing for the use at the option of indicated local authorities 
 of voting or ballot machines for receiving and registering the vote in one or more 
 precincts of any county, or city and county, city or town, at any or all elections held 
 therein, and for ascertaining the result at such elections; and providing for the 
 punishment of all violations of the provisions of this act. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 262. Amended 
 March 15, 1907, Stats. 1907, p. 288; March 19, 1907, Stats. 1907, p. 644; 
 January 22, 1912, Stats. 1912 (ex. sess.), p. 244; April 21, 1911, Stats. 
 1911, p. 980; June 11, 1913, Stats. 1913, p. 691. Supplemented March 19, 
 1907, Stats. 1907, p. 647. (See Act 1329.) 
 
 Creation of commission. What machines may be used. Duty of secretary of state. 
 
 Approval. Expenses of commission. 
 
 $ 1. 1. The governor, secretary of state and attorney-general, and their successors 
 in office are hereby created and constituted the state commission on voting or ballot 
 machines. It shall be the duty of said commissioners to examine all voting or ballot 
 machines which may be offered for their inspection in order to determine whether 
 such machines comply with the requirements of this act, and can safely be used by 
 voters at elections under the provisions of this act; and no machine or machines shall 
 be provided by the board of supervisors, or other board having charge and control of 
 elections in each of the counties, and cities and counties, cities or towns of the state, 
 unless the said machine or machines shall have received the approval of a majority of 
 said commission as herein provided. 
 
 2. Any machine or machines which shall have the approval of a majority of said 
 commission may be provided for use at elections by the boards authorized so to do 
 under the provisions of this act. The report of said commission on each and everj* 
 kind of voting or ballot machine shall be filed with the secretary of state within thirty 
 days after their examination of said machines, and the secretary of state must within 
 five days after the filing of any report approving any machine or machines, transmit 
 to the boards of supervisors or other boards having charge and control of elections in 
 each of the counties and cities and counties, cities or towns of the state, a list of the 
 machines so approved.
 
 «25 ELECTIONS. Act 1328, §§ 2-4 
 
 3. No machine or machines shall be used unless such machine or machines shall have 
 received the approval of the state commission at least ninety days prior to any election 
 at which such machine or machines are to be used. 
 
 4. For carrying out the provisions of this act the members of the state commission 
 under this act shall be allowed their actual necessary expenses. 
 
 Supervisors may provide for use of voting machines. Machine not permitting straight 
 
 party ticket. 
 
 5 2. The board of supervisors, or other board having charge and control of elections 
 in each of the counties, and cities and counties, cities or towns of the state, may, at 
 any regular meeting, or at any special meeting called for the purpose, provide for and 
 require the use of a voting or ballot machine, or machines, for receiving and register- 
 ing the vote at any or all elections held in such county, city and county, city or town, 
 respectively, or in any one or more precincts thereof, and every such board of super- 
 visors, or other board having charge and control of elections in each of the counties, 
 and cities and counties, cities or towns of the state, may determine upon and require 
 the use of voting or ballot machines at any and all elections to be held within such 
 county, city and county, city or town of the state, or in any one or more precincts 
 thereof, and thereupon the voting or ballot machine or machines so determined upon 
 and required shall be used in voting for all public officers, or candidates for nomination 
 to public office, to be voted for by the voters of such counties, cities and counties, cities 
 or towns of the state, or in the precinct or precincts thereof for which the same shall 
 have been so determined upon and required, and also in voting upon all amendments 
 to the constitution, and upon all laws or propositions or questions which may be law- 
 fully submitted to such voters, and for receiving and registering the votes cast at any 
 and every such election. Any such board so authorized to provide for and require the 
 use of a voting or ballot machine as hereinbefore specified, may, if the machine has 
 been approved as in this act required, at its option resolve to provide and use onl.\ 
 such a voting or ballot machine so constructed and arranged that the voting or bailor 
 machine will not permit of voting a straight party ticket, or for any candidate, by 
 any other method than by turning or pushing the keys separately of each voting space, 
 for each separate candidate voted for. Party nominations may be designated by usual 
 or reasonable abbreviation of party names. [Amendment approved April 21, 1911. 
 Stats. 1911, p. 980.] 
 
 Joint ownership. 
 
 $ 3. In purchasing the necessary voting or ballot machines to be used at elections, 
 as herein provided, the boards of supervisors of the several counties, and the legisla- 
 tive bodies of the incorporated cities and towns therein, may, by agreement, entered 
 into by said board of supervisors and the legislative body of any incorporated city or 
 town in such county, provide for the joint purchase and subsequent ownership thereof, 
 and for the care, maintenance and use of the same. 
 
 Facilities for voting reauired in construction before approval. Separate voting device 
 for each candidate. Use of machines having straight ticket mechanism. Arrange- 
 ment of ballot. 
 
 § 4. No voting or ballot machines shall be approved by the said board unless the 
 same be so constructed as to provide facilities for voting for the candidates of as many 
 different parties or organizations as may make nominations for office, and for and 
 against as many different propositions or amendments as may be submitted, nor shall 
 any such machine be approved unless the same will permit a voter to vote for any 
 person for any office; it must enable the voter to vote and select a ticket all from the 
 nominees of one party, or a ticket selected in part from the nominees of one party, and 
 in part from the nominees of any or all other parties, and in part from independent 
 
 Geii. Laws — 40
 
 Act 1328, § 5 GENERAL, l.A'WS. 626 
 
 nominations, or in part or in whole of the names of persons not nominated by any 
 party or upon any independent ticket; such machines must also secure to the voter, 
 privacy and secrecy in the act of voting; such machines must also be so constructed 
 that a voter can not vote for a candidate or a proposition or amendment for whom or 
 on which he is not lawfully entitled to vote, also to prevent voting for more than one 
 person for the same office, except in cases where the voter is lawfully entitled to vote 
 for more than one person for the same office, in which event they must enable the voter 
 to vote for as many persons for that office as he is by law entitled to vote, and no more ; 
 the}^ must also prevent his voting more than once for the same person for the same 
 office; and allow of his reversing his vote in case of mistake or desire to change; and 
 such machines must be so constructed that all votes cast for any person voted for, or 
 for or against any proposition or amendment submitted to the voters, shall be accu- 
 rately registered or recorded, and any machine to be approved by said board must be 
 of such kind, style or pattern as will permit the exercise by each voter of the full right 
 and privilege of his elective franchise under the constitution and laws of this state. 
 All voting machines approved by the state commission shall have a separate voting 
 device for each candidate appearing on the ballot. Such machines may also have 
 thereon a straight ticket device for each of the parties for voting a straight ticket vote 
 for candidates of such party; but if so equipped with separate straight ticket voting 
 devices, such separate straight ticket voting device must be locked out of operation. 
 Machines which have been approved with such straight ticket mechanism thereon may 
 be used in elections with such mechanism rendered inoperative, and machines with 
 such straight ticket mechanism entirely removed therefrom, or machines which omit a 
 party designation of candidates by column or line which have been approved, may be 
 used in such elections, and the omission, removal, or locking out of operation of such 
 straight voting mechanism from the machine that has otherwise been approved by the 
 commission, need not require a further examination and approval of a machine of that 
 type. The ballot at any election, whether general, primary, municipal, or otherwise, 
 shall be arranged upon the voting machine as to the order of offices, order of candi- 
 dates' names, and in other respects for such election, as required by the law prescribing 
 the form and order of the ballot for such election; provided, however, that blank 
 spaces for the writing in of the names of candidates or delegates or persons to be 
 voted for, whose names are permitted to be written upon a ballot or pasted thereon by 
 adhesive substance, under the law prescribing the form of the ballot, for the election, 
 need not follow in the same order or place or places, upon a voting machine^ as is pre- 
 scribed in the law prescribing the fonn of ballot for the election, if the said voting 
 machine be so constructed and capable of operation that all persons who by the law 
 prescribing the form of ballot for the election are entitled to be voted for by writing 
 in the name of such person, or pasting thereon the name of such person by adhesive 
 substance, may be voted for by and upon said voting machines, and such votes counted 
 and returned as fully, correctly and effectually as might have been done by the use of 
 the form of ballot prescribed by law for the election, in case no voting machine had 
 been used. The ballot may be placed upon the machine so the columns will extend 
 either vertically or horizontally, if all in other respects save as to the said blank spaces 
 the ticket is in the form and order which would exist if the election were held by ballot 
 and without a voting machine. [Amendment approved January 22, 1912. Stats. 1911, 
 p. 244, extra session.] 
 This section was also amended April 21, 1911. Stats. 1911, p. 981. 
 
 Supervisors to furnish machines, etc. 
 
 ^ 5. The board of supervisors or other board having charge and control of elections 
 adopting a voting or ballot machine shall, as soon as practicable thereafter, provide for 
 such polling place or places, as they may determine, one or more voting machines in
 
 62T ELECTIONS. Act 1338, §§ «, 7 
 
 complete working order and also such other accessories as may be required for the 
 practical working of the machine, and shall thereafter preserve and keep the machines 
 in repair, and shall have custody of the furniture and equipment. If it shall be imprac- 
 ticable to supply each and every election precinct with voting or ballot machine or 
 machines at any election following such adoption, as many may be supplied as it is 
 practicable to procure, and the same may be used in such election precincts within the 
 county, or city and county, city or town, as the board having control may direct. 
 Where the board having charge and control of elections, is not the board having control 
 of appropriations of money generally for the territory, but receives its appropriation 
 from the board of supervisors, or board having control of appropriations of money gen- 
 erally for the territory; then and in such event the board of supervisors or board hav- 
 ing control of appropriations of money generally, for the territory represented by such 
 board so having charge and control of elections, shall have exclusive power to purchase 
 or otherwise provide voting or ballot machines for use in such territory. The board of 
 supervisors or board having control of the finances of any county, city and county, or 
 political subdivision, shall have power to sell, lease, alter, exchange, or otherwise at its 
 discretion dispose of any voting machine or voting machine appliances owned by such 
 county, or city and county. [Amendment adopted April 21, 1911. Stats. 1911, p. 982.] 
 
 Election supplies to be furnished not later than twenty-four hours preceding election. 
 $ 6. The county clerk, registrar of voters, or city or town clerk, as the case may be, 
 shall not later than twenty-four hours next preceding the election, cause to be deliv- 
 ered to one of the inspectors of election, duly appointed, at his residence, all necessarj' 
 supplies, stationery, blank forms, poll and tally lists, and instructions to voters, neces- 
 sary and proper to the conduct of the election and to the counting and canvassing of 
 the votes, and the return thereof, which forms, blanks, lists, and other stationery shall 
 have been previously prepared by the said county clerk, registrar of voters, or city or 
 town clerk, as the case may be, in such manner as to be adapted to the conducting and 
 returning of such election by such voting or ballot machines as are used at the election. 
 The supplies previously mentioned to be delivered to such inspector, shall, in addition 
 to all other necessary forms, lists, or blanks, include one card stating the penalty for 
 tampering with or injuring a voting machine; two seals for sealing voting machines; 
 one envelope in which the keys to the voting machine are sealed, said envelope to have 
 printed or written thereon the number and location of the election precinct in which the 
 machine is to be used, the number of the machine, the number shown on the protective 
 counter thereof, after the machine has been prepared for the election, and any designa- 
 tion that may be on such seal as the machine is sealed with. Said envelope to have 
 attached to it a detachable receipt for the delivery of the keys of the voting machine 
 lo the inspector of the election at his residence; one envelope in which the keys to the 
 voting machine can be returned by the inspectors after the election; one card stating 
 the name and telephone address of the superintendent for the day of election- two 
 diagrams of the voting face of the machine as appears after the ballot label showing 
 the titles of the offices and the names of the candidates, and statement of propositions, 
 together with the voting indicators for each, shall have been inserted in the voting 
 machine, and also suitable printed instructions for the guidance of the board of elec- 
 tion. [Amendment approved April 21, 1911. Stats. 1911, p. 983.] 
 
 Designation of voting machine instructors and instruction of election officers. Certifi- 
 cates of competency. Preference to persons holding. 
 
 $ 7. At least twenty days before any election, other than a special election, at which 
 voting machines are to be used in any political subdivision, the county clerk, registrar 
 of voters or city or town clerk, as the case may be, shall designate one or more depu- 
 ties, to be provided by the board having charge and control of elections, who are com-
 
 Act 1328, g 8 GENERAL LAW S. G28 
 
 petent for the purpose, as voting machine instructors, and shall cause one or more 
 voting machines of the type to be used at the election, to be set up in his office, for the 
 purpose of having such voting machine instructors give instructions to persons apply- 
 ing to serve as election officers at the ensuing election, and shall also publish notice in 
 one or more daily or weekly newspapers, in such political subdivision, if any is there 
 published, stating that instructions will be given at such office (stating the location 
 thereof) as to the use of voting machines, to all persons otherwise qualified, who shall 
 apply to serve as election officers, at the ensuing election, and requesting qualified per- 
 sons to attend at such office and apply to serve, and take such instructions. Such 
 notice may also be sent by mail to all such persons as the said county clerk, registrar 
 of voters or city or town clerk, may deem likely to take the same. Such voting machine 
 instructors shall give such instructions to those who apply (subject to the control of 
 the clerk or registrar of voters, that too great a number from a given precinct need not 
 be instructed) and shall report the result to such clerk or registrar of voters, and such 
 clerk or registrar of voters, if satisfied with the report, may issue a certificate of 
 competency to such person, and shall enter the name of such person in the proper 
 book, by precincts, with the residence of such person and the date of certificate of 
 competency, and mail such certificate to such person at the address shown by his appli- 
 cation or registration. In making up a recommendation of names of persons suitable 
 for election officers, the clerk or registrar of voters, shall, where the person is other- 
 wise qualified and able to serve, prefer the persons in each precinct, who have received 
 such a certificate, and the persons thus shown in such recommendation shall be 
 appointed as election officers in the proper precincts, and unless they fail to appear and 
 be sworn or are excused for cause, by the clerk or registrar of voters, shall serve as an 
 election officer at the election. [Amendment approved June 11, 1913. Stats. 1913, p. 691.] 
 This section was also amended April 21, 1911. Stats. 1911, p. 983. 
 
 Duties of precinct hoards. 
 
 5 8. The precinct board of election of each precinct shall meet at the polling place 
 therein, at least one hour before the time set for the opening of the polls at each elec- 
 tion, and shall proceed to arrange within the guard rail the furniture, stationery, and 
 voting or ballot machine for the conduct of the election. The inspectors of election 
 shall then and there have the voting or ballot machine, instructions to voters, and sta- 
 tionery required to be delivered to them for such election. The inspector shall there- 
 upon cause at least two instruction cards to be posted conspicuously within the polling 
 place. They shall see that the model, if such model is furnished, is placed where each 
 voter can conveniently operate it and receive instructions thereon as to the manner of 
 voting before entering the machine. They shall post one diagram inside the polling- 
 room and one outside, in places where the voters can conveniently examine them. They 
 shall see that the lantern or other means provided for giving light is in such a condi- 
 tion that the voting machine is sufficiently lighted to enable voters to readily read the 
 names on the ballot labels. They shall see that the ballot labels are in their proper 
 places on the machine. They shall open the counting compartment of the voting ma- 
 chine in the presence of the public and the members of the board of election, before the 
 opening of the polls, and inspect the recording dials of such machine, and see that each 
 counter number on each dial for a candidate is set at zero (000) and make a certificate 
 substantially in the form hereinafter provided. If any counter number upon such dial 
 for any candidate is found not to register zero (000), a statement of the actual register 
 of such counter number, together with the designating number of said dial and letter, 
 shall be made and signed by the election board as to every such dial number, so found 
 registered above zero (000). In such event, in each separate case, the number so found 
 above zero (000) upon the dial of any particular candidate muat be deducted from the
 
 629 
 
 ELECTIONS. 
 
 Act 1328, § 9 
 
 total vote of such candidate as shown upon that counter number at the close of the 
 polls. The tally sheet shall have plainly printed thereon, so as to occupy an entire page 
 thereof, a statement and certificate substantially in the following form: 
 
 Notice to election officers. 
 The board of election shall before opening the polls, open the counting compartment 
 of the voting machine in the presence of the public and the numbers of the board of 
 election, and inspect the recording dials of such machine, and see that each counter 
 number on each dial for a candidate is set at zero (000) and make a certificate substan- 
 tially in the form below provided. If any counter number upon such dial for any can- 
 didate is found not to register zero (000), a statement of the actual register of such 
 counter number, together with the designating number of such dial and letter, shall be 
 made and signed by the election board as to every such dial number so found registered 
 above zero (000). In such event, in each separate case, the number so found above 
 zero (000) upon the dial of any particular candidate must be deducted from the total 
 vote of such candidate, as shown upon that counter number at the close of the polls. 
 
 Certificate. 
 We, the undersigned members of the election board of election precinct No. , 
 
 hereby certify that the following statement is a correct statement of all counter num- 
 ber dials upon the voting machine or machines used at said precinct, which were found 
 to have the counter number upon any dial thereon registered above zero (000), as found 
 by an examination and inspection made by said election board at said precinct before 
 the opening of the polls and in the manner provided by law, and that the name of each 
 candidate affected thereby is hereinbelow respectively and separately stated, together 
 with each such separate dial number and each such separate letter of such respective 
 dial, and the number so registered above zero (000), upon any such respective counter 
 dial, and also the number of votes shown ui^on any such respective counter dial at the 
 close of the polls, together with the total vote received by any such candidate so 
 affected, after deducting from such total vote the number so found registered above 
 zero (000) upon the counter number dial of such respective candidate or candidates: 
 
 Name 
 
 Dial 
 
 number 
 
 Letter 
 
 Counter 
 
 register at 
 
 opening 
 
 of polls 
 
 above zero 
 
 (000) 
 
 Counter 
 register 
 at close 
 of polls 
 
 Total vote 
 received 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Signed : 
 
 ., Inspector. 
 . , Inspector. 
 . , Judge. 
 . , Judge. 
 
 [Amendment approved April 21, 1911. Stats. 1911, p. 984.] 
 
 Machines to be in plain view. 
 
 § 9. The exterior of the voting or ballot machine and every part of the polling-place 
 shall be in plain view of the election officers and public. The voting or ballot machines 
 shall be placed at least three feet from every wall and partition of the polling-place, 
 and at least three feet from the guard-rail. A guard-rail shall be constructed at least 
 three feet from the machine, with openings to admit electors or officers of election to 
 and from the machine.
 
 Aft 1328, §§ 10, 11 GENKRAL LAAVS. 630 
 
 Instructing voter in operation of machine. Voting secret. Time voter may remain 
 
 within machine booth. 
 
 $ 10. After the opening of the polls, the inspectors shall not allow any voter to pass 
 within the guard-rail until they ascertain that he is duly entitled to vote. Before each 
 voter enters the voting machine, the inspectors of election shall, so far as possible, 
 infoiTB him how to operate the machine, and illustrate same upon the model of the 
 machine, if any be furnished, and call his attention to the diagram. If any voter shall, 
 after entering the voting machine, ask for information regarding its operation, the 
 inspectors of election shall give him such necessary information. The operation of 
 voting by an elector, while voting, shall be secret and obscured from all other persons 
 except as provided in cases of voting by assisted electors. At any election at which the 
 number of officers to be elected plus the number of propositions or amendments to be 
 voted on shall together make a total of fifteen or less, no voter shall remain within the 
 voting or ballot machine booth longer than two minutes, and if he shall refuse to leave 
 it after the lapse of two minutes, he may be removed by the inspectors. At any elec- 
 tion at which the number of officers to be elected plus the number of propositions or 
 amendments to be voted on shall together make a total of more than fifteen, no voter 
 shall remain within the voting or ballot machine booth longer than three minutes, and 
 if he shall refuse to leave it after the lapse of three minutes he may be removed by 
 the inspectors. The inspectors of election shall occasionally examine the face of the 
 machine and the ballot labels to determine if same have been injured or tampered with. 
 No vote cast in the irregular or blank column shall be counted for a person whose name 
 is printed upon the ballot or face of the machine as a candidate for the same office for 
 which he is voted in the irregular or blank column. All voters in the polling place 
 or standing in line entitled to vote, at the hour for closing the polls, must be permitted 
 to vote. [Amendment approved April 21, 1911. Stats. 1911, p. 986.] 
 
 This section was also amended in 1907. Stats. 1907, p. 288. 
 
 Canvass of votes. 
 
 § 11. As soon as the polls of the election are closed the inspectors of election thereat 
 shall immediately lock the voting or ballot machine against voting, and in the presence 
 and full view of the public who may be lawfully within the polling place, proceed to 
 demonstrate and declare the result of such election as registered or recorded or received 
 by the machine, (subject to any legal deductions made under the provisions of section 8 
 of this act) in the following manner: One of the inspectors shall, under the scrutiny 
 of the other inspector, of a different political party, in the order of the offices as their 
 titles are arranged on the machine, commencing with the first party or top column, 
 or commencement of the ticket as arranged, announce in distinct tones to the clei-ks 
 of election, the designating number and letter of each counter, and the vo.te registered 
 thereon, and the clerks of election shall correctly record each announcement so made 
 upon separate respective tally sheets provided for that purpose, before another an- 
 nouncement is made by the inspector. The said inspector shall then in like manner 
 announce the vote recorded for each office on the irregular ballot, and the election clerks 
 shall in like manner record the same. The inspector shall then also in like manner 
 announce the vote on each question or proposition submitted at the election, and the 
 clerk shall in like manner record the same. The canvass of each office shall be com- 
 ])leted before proceeding to the next, and the vote as announced shall be written by the 
 clerks in ink on the two tally lists provided therefor in the same order. After com- 
 pleting and writing down the canvass, in the manner aforesaid, the inspectors of elec- 
 tion shall verify the same by comparing the figures on the tally lists with the fiigures on 
 the counters in the machine, and the names recorded on or in the device for voting for 
 persons not nominated, and also with the result registered on the machine as to the 
 vote upon questions or propositions, and in making such comparison and verification,
 
 eSl ELECTIONS. Act 132S, §12 
 
 one of the inspectors shall again distinctly announce and recall aloud the vote registered 
 upon each counter. The board of election shall then certify in the appropriate place 
 on the tally list, as to the number of voters that voted at the election, as shown by the 
 poll lists, and by the number registered on the public counter, and the niimber regis- 
 tered on the protective counter, and the number or other designating mark on the seal 
 with which the machine has been sealed, together with other information regarding the 
 machine as provided on the tally list. The counter compartment of the voting machine 
 shall remain open until the tally list and all other reports have been fully completed 
 and signed, after which they shall lock the counter compartment and deliver the keys 
 thereof in a sealed envelope to the county clerk, registrar of voters, or city or town 
 clerk, as the case may be. [Amendment approved April 21, 1911. Stats. 1911, p. 987.] 
 
 Duties of inspectors. Opening machine. Records. Contest. 
 
 § 12. The inspectors of election shall, as soon as the result is fully ascertained and 
 declared, as in the preceding section required, lock the machine so that the record of 
 each election shall be preserved for the period of six months following such election, 
 except in cases where the machine is required for use in a subsequent election during 
 such period, in which case the board of supervisors or other board having charge and 
 control of elections shall ins2:)ect the registering or recording and receiving device of 
 the machines and file a report of said inspection with the county clerk or registrar 
 of voters. Said report of said board when so certified and filed shall be prima facie 
 evidence of the vote at such election. Any supplementary or duplicate record of an 
 election, which may be furnished by a machine, shall be preserved by the county clerk 
 or registrar of voters for one year following such election. Whenever either house of 
 the legislature shall by resolution, adopted and entered upon its journal, direct that 
 any standing or special committee of such house, shall be empowered to open and exam- 
 ine any voting machine or voting machines which were used at any election held within 
 six months before the passage of such resolution, the committee of such house so 
 empowered and authorized shall have the power and authority by its resolution in 
 writing to order any such machine or machines to be opened, inspected or examined 
 in any manner which such committee shall prescribe. If the opening of such a machine 
 or machines be for the purpose only of counting or recounting the votes cast or regis- 
 tered at said election in a contest pending before such house, then and in such event 
 the opening thereof and such count or recount must be made in the presence of said 
 committee, or its sub-committee duly designated by its resolution in writing for such 
 i:)urpose. If the opening of such machine or machines be for any other purpose or for 
 the investigating of the mechanism and manner of operation of a machine or machines, 
 or for determining or reporting upon the mode of its operation, or its nature as a safe 
 mechanical appliance for the receiving and registration of the votes of electors, then 
 the committee must by its resolution in writing specify the person or persons who are 
 to make such mechanical or expert inspection, and the place where and the time when 
 such inspection is to commence, and may, if it deem proper, limit the duration of such 
 inspection, and fix the place where the same is to be made, and state whether the same 
 is to be made in the presence of the said committee, or of its duly appointed sub- 
 committee, or of any other person or persons to be named bj' said committee. Every 
 person employed or permitted to take part in any such inspection of such a machine or 
 machines, or in whose presence said inspection occurred, may be required to attend and 
 testify as a witness before such committee if required, and be subject to the subprena 
 of such committee. If such machine or machines be opened under the provisions of 
 this section by order of such committee, the said committee, or its sub-committee duly 
 ai)pointed, shall immediately upon opening the doors, or the opening to the dial or place 
 where the votes thereon are registered, Avhich were cast at the last election, take off 
 in writing the complete record of votes for all candidates which are recorded or regis-
 
 Act 1328, §§ 13, 14 GENERAL LAWS. 632 
 
 tered upon or by said machine, and certify the same to be true and correct, -with the 
 date of such certificate, and place the same in an envelope, and seal the same in the 
 manner required for sealing election returns, and make an indorsement upon the out- 
 side of such envelope stating the number of the machine whose record is inclosed, and 
 forthwith file the same with the county clerk, or registrar of voters, of the county, or 
 city and county, where such election was held, who shall receive and keep the same 
 with the other returns of the said election in his oflSce for a period of twelve months 
 from the date of said election, and such record shall in any court having jurisdiction 
 of an election contest be prima facie evidence of its contents in any case where the vote 
 upon such a machine or machines might have been recounted by the court if such 
 machine or machines had not been previously opened or the result thereof in any man- 
 ner affected. Immediately upon the conclusion of such investigation, examination and 
 inspection of such machine or machines, the same shall be again securely locked by the 
 clerk, or registrar of voters, or the said committee or its sub-committee, and the keys 
 thereof returned to the officer entitled to possession of the same under the provisions 
 of this act, and shall not be again opened except in accordance with the provisions of 
 this act. One voting machine of each kind or pattern may be taken by such committee 
 or upon its order, and upon its receipt therefor, to the city of Sacramento, or the 
 state capital, and there kept under the directions of such committee, but no such 
 machine shall be so taken or transported without the consent of the owner thereof, 
 unless the same be the property of a city, county, or city and county, or other political 
 subdivision of the state. If such committee shall permit such a machine or machines to 
 be taken apart, then and in such event the said committee shall cause the same to be 
 restored and properly put together again, before or at the termination of its investiga- 
 tion, and to be returned by order of such committee, and at the expense of the state, 
 to the place from which it was taken. If any such machine or machines be taken to 
 Sacramento, or the state capital, under the provisions of this section, and the legisla- 
 ture shall adjourn sine die, without such machine or machines having been so restored 
 and returned by such committee, then and in such event the secretary of state shall 
 forthwith, upon such adjournment, take charge of such machine or machines, and cause 
 the same to be properly restored and returned to the place or places respectively from 
 which the same were taken, and the expense thereof shall be a charge against the state, 
 and a written demand therefor, verified by the secretary of state, must be allowed by 
 the controller by his indorsement of allowance thereon, and thereupon, upon presenta- 
 tion, the same shall be paid to the secretary of state by the state treasurer out of any 
 funds of the state not otherwise appropriated. Any voting machine used at an election 
 may, within six months from the date of such election, in any election contest, or action 
 in the nature of quo warranto in any court of this state having jurisdiction thereof, 
 be opened by order of such court and in its presence, for the purpose of recounting 
 the vote involved in such election contest, under the same rules and conditions that 
 apply to the opening of packages of sealed ballots and the recounting of the same, 
 and must be forthwith locked again as soon as the result upon each machine is tallied, 
 and in the presence of the said court. [Amendment approved March 19, 1907. Stats. 
 1907, p. 644.] 
 
 Misconduct at elections. 
 
 § 13. The provisions of the law relating to misconduct at elections shall apply to 
 elections with voting or ballot machines. 
 
 Precincts where voting machines are used. 
 
 § 14. Where voting machines are used the precincts shall be established or created 
 in the manner provided by sections 1127, 1128, 1129, and 1130 of the Political Code of 
 the state of California. [Amendment approved June 11, 1913. Stats. 1913, p. G92.] 
 
 This section was also amended April 21, 1911. Slats. 1911, p. 988.
 
 633 ELECTIONS. Act 1328, §§ 15, Ifi 
 
 Official ballot 
 
 $ 15. The list of candidates used or to be used on the voting or ballot machine shall 
 be deemed an official ballot under this act for an election precinct in which a voting or 
 ballot machine is used, pursuant to law. The Avord "ballot" as used in this act (except 
 when reference is made to independent ballots) means that portion of the cardboard, 
 or paper, or other material within the ballot-frames, containing the name of the candi- 
 date for office, or a statement of a projoosed constitutional amendment, or other question 
 or proposition with the word "For" or the word "Against," or "Yes" or "No." 
 
 Election ofl&cers. Superintendent of machines. Salary. Oath. Bond. Duties. 
 
 § 16. The provisions of section 1142 of the Political Code shall apply where voting 
 or ballot machines are used pursuant to this act, provided, however, that at any pre- 
 cinct or polling place where two voting machines are used, two additional clerks of 
 election shall be appointed for service at such polling place, for the election. In any 
 city, or city and county, or county, where voting machines are to be used at any elec- 
 tion, or where voting machines are owned, the board having charge and control of 
 elections may, by a majority of such board adopt a resolution to be entered in its min- 
 utes, provide for a superintendent as herein provided, and may thereupon select and 
 appoint a superintendent for the care, repair, adjustment, arrangement, testing, and 
 prej^aration of voting or ballot machines. Such person must be a skilled machinist 
 familiar with the arrangement, adjustment, and mechanism of voting machines, and 
 shall, before his appointment, be examined by the board having control of elections as 
 to his competency in these respects. His appointment must also, where made for a ter- 
 ritoi-y wholly included within any city, or city and county, be approved by the mayor 
 of any such city, or city and county, who shall also have the right to examine such 
 person as to his competency. Said superintendent shall be considered a public officer, 
 and shall hold office under such appointment until removed by the board having charge 
 and control of elections, for cause, and by an order in writing entered in its minutes, 
 after giving such superintendent an opportunity to be heard, which order of removal 
 shall be tinal and conclusive, and not subject to review. In any city, county, or city 
 and county, which at the last general election therein had a registration of voters 
 exceeding seventy thousand, the said board having control of elections may fix the 
 compensation of such superintendent at a sum not to exceed the rate of fifteen hun- 
 dred dollars per year, payable monthly, and may, by the resolution of appointment, 
 provided such appointment is made by the year, provide that the services of such super- 
 intendent shall be given exclusively to said board while he remains in its employ, or 
 under such appointment. Unless such appointment is made by the year and in the 
 manner last mentioned in such a citj-, county, or city and county, and in any event in 
 all other cases, and places, such superintendent so appointed pursuant to this act shall 
 receive a compensation at the rate of ten dollars per day, for every day he shall be 
 actually employed; provided, however, that in any such place where his compensation 
 is fixed by the day under this act, the board having control of elections may fix his 
 compensation at a lesser sum when he is employed merely as caretaker of such voting 
 machines. Such superintendent must file his acceptance of the appointment with the 
 board having charge and control of elections within five days after notice of his 
 appointment, and before entering upon his duties shall take the oath of office prescribed 
 by the constitution of this state for public officers, which oath may be taken by and 
 filed with the county clerk, or registrar of voters, and file a bond in a sum to be fixed 
 by the board having charge and control of elections, and not less than ten thousand 
 (10,000) dollars, in a cit,y and county, conditioned for the faithful performance of the 
 duties of his office, with surety and to be approved and recorded as may be required 
 for other officers of such city, county, or city and count}'; and it shall be his duty to 
 care for, keep in repair, arrange, adjust, test, and prepare all voting machines for
 
 Alt 1328. § 16a C!I0M:KA1> I.AAVS. C34 
 
 complete and correct operation at any election in the political subdivision for which he 
 is appointed. All such voting or ballot machines shall be by him or under his direction, 
 arranged, adjusted, and prepared for correct operation at any election in accordance 
 with the provisions of the law of this state, and in accordance with the mechanism and 
 rules for the adjustment and correct operation of such voting machines. The county 
 clerk, registrar of voters, or city or town clerk, as the case may be, shall deliver to 
 such superintendent for his guidance, a copy of any written or printed instructions 
 which may be furnished by the person or corporation which manufacture the voting 
 machines in use in such political subdivisions. The board having charge and control of 
 elections may also select and employ any additional persons, as assistants, to such 
 superintendent, in the performance of his duties, and may fix and allow the compensa- 
 tion to be paid to said assistants. The said superintendent of voting machines shall, 
 not later than the day previous to the day of election, file with the clerk, or registrar 
 of voters, his affidavit specifying the voting machines by number, that have been 
 adjusted for use at such election, and stating that every one of such machines that 
 have been so adjusted, that each and eveiy of its counters, which register the votes cast 
 for candidates, are adjusted at zero (000), and that, in every other respect, each and 
 every voting machine is adjusted in accordance with the requirements of the law of th** 
 state, and according to the mechanism and rules for the adjustment and correct opera- 
 tion of such voting machines. Where any court, or justice, or judge, of any court, shall 
 make an order or judgment, or otherwise direct any change, alteration or modification, 
 to be made in the ballot labels to be used upon any voting or ballot machine, after the 
 sample ballots have been printed, it shall not be necessary to print or distribute new 
 sample ballots. [Amendment approved April 21, 1911. Stats. 1911, p. 988.] 
 
 Machines to be examined, tested, and sealed before elections. 
 
 ^ IGa. "Within not more than thirty-five, nor less than twenty-five days, before the 
 holding of any election in any county, city and county, city or town, at which is to be 
 used voting or ballot machines, under the provisions of this act, the county clerk, regis- 
 trar of voters, or city or town clerk, as the case may be, shall fix a day, which shall not 
 be more than twenty days, nor less than five days, before the date of such election, 
 upon which the voting or ballot machines to be used at such election shall be examined, 
 tested and sealed as hereinafter provided. At least twenty days before an election in 
 any political subdivision where voting machines are to be used in one or more precincts 
 of such subdivision, under and pursuant to the law of this state, it shall be the duty 
 of the county clerk, registrar of voters, or city or town clerk, as the case may be, to 
 notify in writing, by mail, with postage prepaid, the chairman or secretary of the exec- 
 utive or central committee of any political party or organization for the territory, the 
 membership of which may have made nominations of candidates to be voted for at such 
 election, or of any political party whose party name is lawfully used as a designation 
 bv a candidate, that it may appoint representative of such political party who shall be 
 authorized to attend and observe the final adjustment, testing and sealing of such ballot 
 machines, and thereupon it shall be the i-ight of such committee to appoint as many 
 representatives, not to exceed three for each political party or organization, as it may 
 see fit to select for such purpose, and to issue certificates of such appointment to such 
 representatives, by the secretaries of such committees or organizations, respectively. 
 Such notice shall also name and specify the date and place where such examination, 
 testing and sealing of such machines will commence, and that the same will continue, 
 if necessary, at said place from day to day until completed. The committee or organ- 
 ization empowered to appoint such representatives, shall immediately, upon making 
 such appointment, notify the said representative or representatives so appointed, re- 
 spectively, of such appointment and of the time and place where such examination, 
 testing and sealing of such voting or ballot machines will commence, and shall also
 
 635 KLECTIOXS. Act 1329, § 1 
 
 forthwith, send to the said county clerk, registrar of voters, or city or town clerk, as 
 the case may be, the natae and full address of each such representative appointed. 
 Thereafter, at the time specified in such notice, and until the completion thereof, the 
 said representative or representatives shall be entitled to attend and observe the final 
 adjustment, testing and sealing of such voting machines, under the directions of the 
 board of election commissioners, or of the superintendent provided for by this act, and 
 such adjustment, testing and sealing shall proceed in the presence of as many of said 
 representatives as shall assemble to observe and view the same, and a full and com- 
 plete opportunity shall then and there be given by such superintendent and his assist- 
 ants, to such representatives to observe the processes by which such adjustment, test- 
 ing and sealing is jDerformed, and to see that the said voting machines are so adjusted 
 that each counter is set at zero (000), and without any vote registered thereon for the 
 advantage of any party or candidate or otherwise. When the said machines are so 
 sealed they shall not be unsealed again except by the precinct election boards on the 
 day of election, to the extent necessary for the proper and lawful conduct of the elec- 
 tion. Any candidate may attend in person or appoint in writing signed by such person, 
 a representative to attend, with all the rights and privileges provided by this section. 
 [New section approved April 21, 1911. Stats. 1911, p. 990.] 
 
 G-eneral election laws to govern. 
 
 § 17. All laws and parts of laws of this state relating to elections and prescribing 
 the powers and duties of election officers, shall, so far as applicable to the use of voting 
 or ballot machines, remain in full force and effect; and all laws and parts of laws 
 inconsistent herewith, shall not be applicable in each county, city and county, city or 
 town election precinct wherein such voting or ballot machines are used, pursuant to 
 this act, so long as such voting or ballot machine or machines shall be used therein, and 
 nothing in this act contained shall be construed as repealing any existing law or author- 
 izing any deviation or omission therefrom, except as provided for or set forth herein. 
 
 Violation of act, a felony. 
 
 ^ 18. Any wilful violation of any provision of this act or any wilful injury to any 
 voting or ballot machine tending to injure its effectiveness or to change the true expres- 
 sion given by the voters at any election shall be a felony and punishable as such, in 
 accordance with the provisions of the Penal Code of the state. 
 
 Act takes effect when. 
 
 § 19. This act shall take effect immediately. 
 
 As to eonstitutionaHty of voting by noting R. I. 729, 3S Li. R. A. 547, 36 Atl. 716; Opinion 
 mnoliiiie, see Opinions of the Justices (In to the Governor (In re Voting Machines), 
 Matter McTammany Voting Machine), 19 23 R. I. 630, 50 Atl. 265. 
 
 SUPPLEMENTARY TO PREVIOUS ACT. 
 ACT 1329 — An act supplementary to an act entitled "An act creating a state commis- 
 sion on voting or balloting machines, defining their powers and providing for the use 
 at the option of indicated local authorities of voting or ballot machines for receiv- 
 ing and registering the vote in one or more precincts in any county or city and 
 county, city or town, at any or all elections held therein, and for ascertaining the 
 result of such election; providing for the punishment of all violations of the provi- 
 sions of this act," approved March 20, 1903, and providing for the testing and 
 inspection of such machines. 
 
 History: Approved March 19, 1907, Stats. 1907, p. 647. 
 
 Voting machine to he tested before election: duty of county clerk. 
 
 § 1. Within not more than thirty nor less than twenty days before the holding of 
 any election in any count}', city and county, cit}' or town, at which is to be used votinc
 
 Act 1329. » 2 GENERAl, T-AWS. C36 
 
 or ballot machines acloi:>ted under the provisions of the act referred to in the title of 
 this act, the county clerk or other officer having control of such election in such county, 
 city and county, city or town, shall fix a day, which shall not be more than fifteen days 
 nor less than five days before the date of such election, upon which the voting or ballot 
 machines to be used at such election shall be examined, tested and sealed as hereinafter 
 provided. 
 
 Committee of political party to "be notified of test. Right of independent candidates. 
 
 $ 2. At least twenty days before an election in any political subdivision where voting 
 machines are to be used in one or more precincts, of such subdivision, under and pur- 
 suant to the law of this state, it shall be the duty of the board of election commission- 
 ers or other body having charge and control of such election, to notify in writing by 
 mail with postage prepaid the chairman or secretary of the executive or central com- 
 mittee of any political party or organizations for the territory, which may have made 
 nominations of candidates to be voted for at such election, that it may appoint repre- 
 sentatives of such political party who shall be authorized to attend and observe the 
 final adjustment, testing and sealing of such ballot machines, and thereupon it shall be 
 the right of such committee to appoint as many representatives as it may see fit to 
 select for such purj^ose, and to issue certificates of such appointment to such represen- 
 tatives by the secretary of such committees, respectively, which shall forthwith send a 
 list of such representatives with the name of the political party or organization for 
 which they are selected, and the name of each representative with his full address, 
 adding street and number, to the said board of election commissioners or other body 
 having charge and control of such election. If any political party or organization 
 which has made nominations shall not have any chairman or secretary of such commit- 
 tee, or the name and address of such chairman or secretary shall not appear in its 
 nomination papers, then the said election commissioners may send the notice above 
 required to any person named in its nomination papers as the person to whom the cer- 
 tificate of nomination may be returned. Such board of election commissioners shall 
 thereafter, and at least five days before the time therefor, send written notice with 
 postage prepaid to each such representative of a political party or organization which 
 has so been filed in its office, with the address of such representative; which notice 
 shall state the time and place before such election where such representatives are in- 
 vited to attend, to observe the final adjustment, testing and sealing of such voting 
 machines, and thereafter at such time and place the final adjustment, testing and sealing 
 of such voting machines under the directions of such board of election commissioners, 
 shall proceed in the presence of as many of said representatives as shall assemble to 
 observe and view the same, a full and complete opportunity shall then and there be 
 given to such representatives to observe the processes by which such adjustment, test- 
 ing and sealing is performed, and to see that the said machines are set at zero, and with- 
 out any vote registered thereon for the advantage of any party or candidate or other- 
 wise. When the said machines are so sealed they shall not be unsealed again, except by 
 the precinct election board on the day of election and except for trial as to their correct- 
 ness after transportation to the various booths or polling-places, at which places such 
 trial may be made as the board of election commissioners or body having control of 
 the elections shall direct, to see if any machine has become in any way disarranged 
 during transportation to the polling-place, and a seal necessary to such investigation 
 may be broken or any work performed that may be necessary to put any machine in 
 any such polling-place in complete working order for such election, and the representa- 
 tives aforesaid shall have the right to attend at any and all polling-places for the pur- 
 pose of viewing and observing any such unsealing arrangement and resealing, which 
 final work shall take place not later than the day before the election, nor earlier than 
 the third day before the election. If independent candidates are nominated, and no
 
 k 
 
 63r ELECTIONS. Acts 1332, 1337 
 
 chairman or secretary is named in the certificate of nomination, then such candidate, or 
 candidates, shall be notified as herein specified, and may attend, or appoint representa- 
 tives to attend, with all the rights and privileges provided for by this act. 
 
 It shall be the duty of the board of election commissioners, or other body having 
 charge and control of such election, to notify in writing by mail with postage prepaid, 
 the chairman or secretary of any of the executive or central committee of any polit- 
 ical party or organization hereinbefore referred to, and any independent candidate or 
 candidates hereinbefore referred to, of the time when the final inspection, adjustment, 
 testing and sealing of such voting or ballot machines will commence at the polling- 
 places, and of the place or places from which the inspectors will start in the perform- 
 ance of such duty, and that the representatives appointed pursuant to this act or such 
 independent candidate or candidates, may attend as provided by this act. Such notices 
 shall be so mailed not less than three days before the time named for commencing such 
 final inspection. 
 
 Penalty. 
 
 $ 3. Any person violating any provision of this act shall be guilty of a misdemeanor 
 and punishable by a fine of not more than five hundred dollars or imprisonment of not 
 more than six months, or both. 
 
 Act takes effect when. 
 
 $ 4. This act shall take effect immediately. 
 
 SPECIAL ELECTIONS. 
 ACT 1332 — An act concerning special elections. 
 
 History: Approved February 9, 1878, Stats. 1877-78, p. 73. 
 
 Code Commissioners' Note: "Not repealed, are held at such times as may be designated 
 
 but not applicable to existing laws, because by the proper board or officer. 
 there is now no great register. As to cities. Sections 1113-1116, Kerr's Cyc. Pol. Code, 
 
 see 1899, 63." designate certain books of affidavits as the 
 
 "Special Elections," as defined by section "register" to be used at elections. See, also, 
 
 1043, Kerr's Cyc. Pol. Code, are such as are § 1204, Kerr's Cyc. Pol. Code, and note, 
 
 held to supply vacancies in any office, and g§ 1094-1097, Kerr's Cyc. Pol. Code, may be 
 
 consulted, also. 
 
 "DIRECT PRIMARY LAW OF 1913." 
 ACT 1337 — ^An act to provide for and regulate primary elections, and providing a 
 method for choosing the delegates for political parties to state conventions and for 
 nominating electors of president and vice president of the United States, and pro- 
 viding for the election of party county central committees, and to repeal the act 
 approved April 7, 1911, known as the direct primary law, and also to repeal the 
 act approved December 24, 1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 23, and 
 24 of the said direct primary law, and also to repeal all other acts or parts of acts 
 inconsistent with or in conflict with the provisions of this act. 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stats. 
 1913, p. 1379. Amended May 29, 1917. In effect July 28, 1917. Stats. 
 1917, p. 1341; April 8, 1919. In effect July 22, 1919. Stats. 1919, p. 39; 
 May 7, 1919. In effect July 22, 1919. Stats. 1919, p. 381. Former 
 acts: Act approved March 27, 1895, Stats. 1895, p. 207. Act approved 
 March 13, 1897, Stats. 1897, p. 115. Act approved March 24, 1909, 
 Stats. 1909, p. 691; repealed by the Act of April 7, 1911, Stats. 1911, 
 p. 769, which was amended December 24, 1911, Stats. 1911 (ex. sess.) 
 p. 66, and repealed by the present act. The act of 1895 applied to 
 counties of the first and second classes only. The acts of 1895 and 
 1897 were declared unconstitutional. See annotations. The legisla- 
 ture repealed the present act by the "direct primary law," approved 
 April 28, 1915, Stats. 1915, p. 239; but the repealing act was submitted 
 to the people by referendum petition at the special election held
 
 Act 1337, § 1 GBNER VI- LAWS. 638 
 
 October 26, 1915, and not approved. It was thereafter amended 
 January 11, 1916, Stats. 1916 (ex. sess.), p. 5; but the amending act, 
 also submitted to the people by referendum petition, was not approved 
 at the general election held November 7, 1916. The original act, with 
 the amendments of 1917 and 1919. constitutes the law in force. 
 
 Definitions. 
 
 $ 1. Words and phrases where used in this act shall, unless such construction be 
 inconsistent with the context, be construed as follows : 
 
 1. The words "primary election," any and every primary nominating election pro- 
 vided for by this act. 
 
 2. The words "August primary election," the primary election held in August to 
 nominate candidates to be voted for at the ensuing November election or to elect 
 members of a party central committee or delegates to a party convention. 
 
 3. The words "May presidential primary election," any such primary election, held 
 in May of each year of the general November election at which electors of president 
 and vice i:)resident of the United States are to be chosen, as shall provide for the indi- 
 cation of preference in the several political parties for party candidates for president 
 of the United States through the election of delegates to national party conventions. 
 
 4. The word "election," a general state, county, city or city and county election as 
 distinguished from the primary election, recall election, or special election. 
 
 5. The words "November election," either the presidential election, or the general 
 state, county, or city and county election held in November of each even numbered year. 
 
 6. The words "judicial officer," any justice of the supreme court, justice of a district 
 court of appeal, judge of the superior court, justice of the peace, or justice of such 
 inferior court as the legislature may establish in any county, township, incorporated 
 city or town, or city and county; and the words "judicial office," the office filled by 
 any of the above judicial officers. 
 
 7. The words "school officer," the superintendent of public instruction and the 
 superintendent of schools of a county or city and county; and the words "school office," 
 the office filled by any of the above school officers. 
 
 8. The words "county officer," any officer elected within the boundaries of any 
 county or city and county except a member of the state board of equalization, judge 
 of the superior court, justice of the peace, member of the state senate or assembly or 
 a member of the house of representatives of the congress of the United States or a 
 member of any party county central committee or delegate to a state convention from 
 a hold-over senatorial district; and the words "county office," the office filled by any 
 county officer. The words "township officer," any such county officer as is elected 
 within the boundaries of any judicial township that is now or may be hereafter provided 
 by law; and the words "township office," the office filled by any township officer. 
 
 9. The word or words "political party," "party," "political organization," or 
 "organization," a political party or organization of electors which has qualified, as 
 hereinafter provided, for participation in any primary election; and such party or 
 organization shall be deemed to have so qualified when one or both of the following 
 conditions have been complied with: 
 
 Qualification as political party. 
 
 (a) If at the last preceding November election there was polled for any one of its 
 candidates who was the candidate of such party only for any office voted on throughout 
 the state, at least three per cent of the entire vote of the state, or for any one of its 
 candidates who was the joint candidate of such party and any other party for any 
 office voted on throughout the state, at least six per cent of the entire vote of the 
 state; or 
 
 (b) If on or before a date which shall be the seventy-fifth day before any primary 
 election, there ehall be filed with the secretary of state a petition signed by registered
 
 839 ELECTIONS. Act 1337, g§ 2, o 
 
 qualified electors of tlie state, equal in number to at least three per cent of the entire 
 vote of the state at the last preceding November election, declaring that they repre- 
 sent a political party or organization the name of which shall be stated therein, which 
 party said electors desire to have participate in such primary election; such petition 
 to be circulated, signed, and the signatures thereon of the registered electors certified 
 to and transmitted to the secretary of state by the county clerks substantially as 
 provided in section five of this act, for the circulation, signing, certification, and trans- 
 mission of nomination papers for state officers; providing, however, that no electors 
 or organization of electors shall assume a party name or designation which shall be 
 so similar to the name of an existing party or organization as to mislead voters. 
 
 Construction. 
 
 This statute shall be liberally construed, so that the real will of the electors shall 
 not be defeated by any informality or failure to comply with all the provisions of 
 this law. 
 
 In counties having registrar. 
 
 In each county and city and county in this state, having a registrar of voters or 
 registrar of voters and a board of election commissioners, the powers conferred and 
 the duties imposed in this statute upon a county clerk and his deputies, and other 
 officers, in relation to matters of election and polling places, shall be exercised and 
 performed by such registrar of voters or his deputies, or registrar of voters or his 
 deputies and board of election commissioners; and all nominating papers, list of 
 candidates, expenses, and oaths of office, required by this statute to be made to or filed 
 with county clerks, shall be made to or filed with the registrar of voters, [Amendment 
 of May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1342.] 
 
 Nomination of candidates. 
 
 § 2. All candidates nominated at a primary election for elective public offices shall 
 be nominated by direct vote at such election held in accordance with the provisions 
 of this act; provided, that electors of president and vice president of the United States 
 shall be nominated as provided in subdivision two of section twenty-four of this act. 
 This act shall not apply to recall elections or to special elections to fill vacancies, nor 
 to the nomination of oflicers of municipalities, counties, or cities and counties whose 
 charters provide a system for nominating candidates for such officers; nor the nomina- 
 tion of officers for any district not formed for municipal purposes; nor to the nomina- 
 tion of freeholders to be elected for the purpose of framing a charter; nor to the 
 nomination of officers for cities of the fifth and sixth classes, nor to the nomination 
 of schod district officers. [Amendment of May 29, 1917. In effect July 28, 1917. 
 Stats. 1917, p. 1343.] 
 
 August primary. Legal holidays. 
 
 § 3. The August primary election shall be held at the legally designated polling places 
 in each precinct on the last Tuesday in August, for the nomination of all candidates to 
 be voted for at the ensuing November election. The day of the August primary election 
 and the day of the May presidential primar}' election are hereby declared to be holidays 
 within the meaning of section 10 of the Political Code. Any person entitled to vote at 
 such August or May primary elections shall, on the day of such election, be entitled to 
 absent himself from any service or emplojonent in which he is then engaged or em- 
 ployed, for the period of two consecutive hours, between the time of opening and 
 the time of closing the polls; and such voter shall not, because of so absenting himself, 
 be liable to any penalty, nor shall any deduction be made, on account of such absence, 
 from his usual salary or wages. Any primary election other than the August primary 
 election, or May presidential primary election shall be held on Tuesday, three weeks 
 next preceding the election for which such primary election is held.
 
 Act 1337. §§ 4, 5 GENKRAI, LAWS, 646 
 
 Statement of electors registered. Notice of offices for which candidates are to be 
 
 nominated. 
 
 $ 4. On the twenty-fifth day before the first Tuesday in May, on the twenty-fifth 
 daj' before the last Tuesday in August, and on the twenty-fifth day before the date 
 of the November election, in each even numbered year, the county clerk or registrar 
 of voters of each county or city and county shall transmit a statement to the secretary 
 of state of the total number of electors registered in his county between the first day 
 of January next preceding and a date in each instance five days preceding the date of 
 transmission of such statement as herein provided for, together with the number so 
 registered under each of the several political affiliations, and also the number declining 
 or failing to declare such affiliation. At least seventy days before the time of holding 
 the August primary election in 1918 and biennially thereafter the secretary of state 
 shall prepare and transmit to each county clerk and to the registrar of voters in any 
 city and county a notice in writing designating all the offices, except township offices, 
 for which candidates are to be nominated at such primary election, together with the 
 names of the political parties qualified to participate in such election. 
 
 Publication of notice. 
 
 2. "Within ten days after receipt of such notice such county clerk or registrar of 
 voters in any city and county shall publish once in each week for two successive weeks 
 in not more than two newspapers published in such county or city and county so 
 much thereof as may be applicable to his county, including a statement of the town- 
 ship offices in the county for which candidates are to be nominated, and a statement 
 of the number of members of the county central committee to be elected by each 
 political party in each supervisorial or assembly district, as the case may be, according 
 to the provisions of subdivision four of section twenty-four of this act. 
 
 Publication of notice of other primaries. 
 
 3. In the case of primary elections other than the August primary elections the city 
 clerk or secretary of the legislative body of the political subdivision for which such 
 primary election shall be held shall cause one publication of such notice to be given, 
 such publication to be not more than forty and not less than fourteen days before 
 such primary election. [Amendment of May 29, 1917. In effect July 28, 1917. Stats. 
 1917, p. 1344.] 
 
 Method of getting name on ballot. 
 
 ^ 5. 1. The name of no candidate shall be printed on an official ballot to be used at 
 any primary election unless at least forty days pi-ior to the primary election, if the 
 candidate is to be voted for at the August primary election or the May presidential 
 primary election, and at least twenty-five days prior to the primary election, if the 
 candidate is to be voted for at a primary election other than the August or May 
 primary election, a nomination paper nominating such candidate shall have been 
 prepared, circulated, signed, verified and left with the county clerk for examination, 
 or for examination and filing, in the manner provided by this act. 
 
 Verification deputies. 
 
 2. (a) The candidate may appoint verification deputies to serve within the county 
 or city and county in which such deputies reside in securing signatures to his nomina- 
 tion paper for nomination to the office for which he is a candidate, and the verification 
 deputies thus appointed shall be recognized as the duly authorized verification 
 deputies to secure signatures to the nomination paper of such candidate in such county 
 or city and county. The document in which such verification deputies are appointed 
 as herein provided shall be filed with the county clerk of the county or city and county 
 in which such verification deputies reside, at or before the time the nomination paper
 
 641 BLCCTIONS. Act 1337. § 5 
 
 of the candidate is left with the county clerk for filing or for examination as provided 
 in subdivision four of this section. Said document shall be in substantially the 
 following form: 
 
 Form of document. 
 
 I, the undersigned, a candidate for the party nomination for the 
 
 oflSce of , which nomination is to be made by direct vote at a primary 
 
 election to be held on the day of August, 19.., do hereby appoint the 
 
 following registered qualified electors of the county of , as verification 
 
 deputies to obtain signatures in said county to a nomination paper placing me in 
 nomination as a candidate of said party for said office of 
 
 VERIFICATION DEPUTIES. 
 Name. Residence. 
 
 (Signature 
 
 (Residence) 
 
 Filed in the office of the county clerk of county this •. . day 
 
 of ,19... 
 
 , County Clerk- 
 By Deputy. 
 
 Additional deputies. 
 
 In case it is desired to appoint additional verification deputies to secure signatures 
 to the nomination paper of such candidate, one or more similar documents may be 
 filed to supplement the first document. When the office for which the candidate ia 
 proposed is a judicial, school, county, township or municipal office, the words 
 
 * party," and the words "of said party," shall be omitted 
 
 from said document. Or, as an alternative to the foregoing portion of this section 
 and subdivision, verification deputies may be aj)i)ointed in behalf of a candidate aa 
 follows : 
 
 Five electors may propose candidate. Consent of candidate. 
 
 2. (b) Any five qualified electors of any county or city and county who are registered 
 
 as intending to affiliate with the same political party may join in proposing a candidate 
 
 for nomination to any office to be voted on in such county or city and county at the 
 
 next ensuing primary election, and in appointing verification deputies to serve within 
 
 such county or city and county in securing signatures to the' nomination paper of such 
 
 candidate for such office. If the office is an office the candidate for which is to be 
 
 voted on in more than one county, he may be proposed for nomination as herein 
 
 provided by five of the registered qualified electors in each of the counties in which 
 
 such electors may desire to circulate a nomination paper in his behalf. The signaturpa 
 
 of the said five qualified electors shall be verified free of charge before any officer 
 
 authorized to administer an oath, and the document containing such signatures shall 
 
 be filed with the county clerk of the county or city and county in which said five 
 
 qualified electors reside, at or before the time the nomination paper of the candidal* 
 Gen. Laws — 41
 
 Act 1337, 6 5 
 
 GENERAL LAWS. 
 
 SS. 
 
 is left with the county clerk or registrar of voters for filing or for examination 
 as provided in subdivision four of this section. In said document the five signers 
 shall make affidavit that the candidate therein named for the office therein specified 
 has given his consent to be thus i^roposed for nomination to such office; and shall 
 also state that the verification deputies therein appointed are duly registered qualified 
 electors of said county or city and county; and the verification deputies therein 
 appointed shall be recognized as the duly authorized verification deputies to secure 
 signatures to the nomination paper of such candidate in such county or city and county. 
 Said document shall be substantially in the following form: 
 
 Form of nomination paper. 
 State of California, 
 
 County of 
 
 We, the undersigned, do solemnly swear (or affirm) that we are each qualified 
 
 electors of the county of , state of California, and that we are each 
 
 registered as intending to affiliate with the party and we do hereby 
 
 propose , who resides at No , street in the 
 
 city of (or in the town of) , county of , as a candidate for 
 
 the nomination of such party for the office of , to be voted for at the 
 
 primary election to be held on the daj' of August, 19...; and we do 
 
 solemnly swear (or affirm) that said has consented to this proposal of 
 
 his name as candidate for the nomination for said office. We hereby appoint the 
 following registered qualified electors of this county as verification deputies to obtain 
 
 signatures in this county to the nomination paper of said to said office 
 
 oi 
 
 VERIFICATION DEPUTIES. 
 Name. Residence. 
 
 (Signed) 
 
 etc. 
 Name. 
 
 etc. 
 Residence. 
 
 Subscribed and sworn to before me this day of , 19 . . . 
 
 (Seal) 
 
 Notary public (or other official). 
 
 Additional deputies. 
 
 In case it is desired to appoint additional verification deputies to secure signa- 
 tures to the nomination paper of said candidate, one or more similar documents 
 may be filed, to supplement the first document. When the office for which the candi- 
 date is proposed is a judicial, school, county, township, or municipal office, the 
 
 I
 
 643 ELECTIONS. Act 1337, 8 5 
 
 provisions of this subdivision- shall apply, except that the five qualified electors 
 shall make no statement of their party afiiliation and may be affiliated with different 
 parties or with no party; and the candidate proposed for nomination shall not 
 be so proposed as the candidate of any party. 
 
 Obtaining signatures to nomination papers. Presentation in sections. Affidavit of 
 
 deputies. Sections returned to five electors. 
 
 3. Verification deputies appointed as provided in subdivision two of this section 
 to obtain signatures to the nomination paper of any candidate for any office to 
 be voted for at any primary election, may, at any time not more than sixty-five 
 days nor less than forty days prior to such election, obtain signatures to such 
 nomination paper of such candidate for such office; each signer of a nomination 
 paper shall sign but one such paper for the same office, except that in case two or 
 more persons are to be elected to the same office at the same election, an elector 
 may sign the nomination papers of as many persons as there are persons to be 
 elected to such office, and such act on the part of such elector shall not be deemed 
 in conflict with the signer's statement hereinafter provided. In the case of primary 
 elections other than August primary elections or May presidential primary elections, 
 signatures may be obtained not more than forty days nor less than twenty-five 
 days prior to such election. 
 
 He shall also declare his intention to support such candidate for nomination, and. 
 shall add his place of residence, giving his street and number if any. His election 
 precinct shall also appear on the paper just preceding his name, and he shall write 
 the date of his signature at the end of the line just after his residence. Any nom- 
 ination paper may be presented in sections, but each section shall contain the name 
 of the candidate and the name of the office for which he is proposed for nomination. 
 Each section shall bear the name of the city or town, if any, and also the name of 
 the county or city and county, in which it is circulated, and only qualified electors 
 of such county or city and county, registered as intending to affiliate with the 
 political party by which the nomination is to be made shall be competent to sign 
 such section. Any section circulated within any incorporated city or town shall 
 be signed only by registered qualified electors of such city or town. Each section 
 shall be prepared with the lines for signatures numbered, and shall have attached 
 thereto the affidavit of the verification deputy who has obtained signatures to the 
 same, stating that all the signatures to the attached section were made in his 
 presence, and that to the best of his knowledge and belief, each signature to the 
 section is the genuine signature of the person whose name it purports to be; and 
 no other affidavit thereto shall be required. The affidavit of any verification deputy 
 obtaining signatures hereunder shall be verified free of charge by any officer author- 
 ized to administer an oath. Such nomination paper so verified shall be prima facie 
 evidence that the signatures thereto appended are genuine and that the persons 
 signing the same are registered qualified electors, unless and until it is otherwise 
 proven by comparison of such signatures with the affidavits of registration in the 
 office of the county clerk or registrar of voters. Each section of the nomination 
 paper, after being verified, shall be returned by the verification deputy who circulated 
 it to one of the five electors by whom the said verification deputy was appointed; 
 and in this manner all the sections circulated in any county shall be collected by 
 said five electors of that county and shall be by them arranged for filing or for 
 examination, as provided in subdivision four of this section, and shall then be by 
 some one of them filed or left for examination and filing. In case said verification 
 deputy was appointed directly by the candidate according to the provisions of 
 subdivision two (a) of this section, the collecting, arranging, and filing, or leaving 
 for examination and filing, of the sections of the nomination paper shall be done
 
 Act 1837, § 6 
 
 Gli^IVIi^RAL LAWS. 
 
 by the candidate, or on his behalf, instead of by the '.'five electors" as hereinbefore 
 provided. Each section of the nomination paper shall be in substance as follows: 
 
 Form of each section. 
 
 County of , city (or town) of (if any). 
 
 Nomination paper of , candidate for party nomination 
 
 for the office of . .» 
 
 State of California, t 
 
 County of J 
 
 SIGNER'S STATEMENT. 
 
 I, undersigned, am a qualified elector of the city (or town) of , county, 
 
 of , state of California, and am registered as intending to affiliate 
 
 with the party; and I hereby nominate who resides at 
 
 No street, city of , county of , 
 
 state of California, as a candidate for the nomination of the party for 
 
 the office of to be voted for at the primary election to be held on the 
 
 day of August, 19... I have not signed the nomination paper of any 
 
 other candidate for the same office, and I further declare that I intend to support 
 for such nomination the candidate named herein, 
 
 I furthermore declare that I have not signed the nomination paper of this candi- 
 date or any other candidate for office, as candidate of any other party at such 
 primary election. 
 
 Ifo. 
 
 Precinct 
 
 Signature 
 
 Besidence 
 
 Date 
 
 I 
 
 
 
 
 
 2 
 
 
 
 
 
 3 
 
 
 
 
 
 4 
 
 
 
 
 
 5 
 
 
 
 
 
 etc 
 
 
 
 
 
 
 
 
 
 
 VERIFICATION DEPUTY'S AFFIDAVIT. 
 Deputy's affidavit. 
 
 I, , solemnly swear (or affirm) that I have been appointed according 
 
 to the provisions of subdivision two, section five of the direct primary law, as a veri- 
 fication deputy to secure signatures in the county of to the nomination 
 
 paper of as candidate for the nomination of the party for 
 
 the office of ; that all the signatures on this section of said nomination 
 
 paper, numbered from one to inclusive, were made in my presence, and 
 
 that, to the best of my knowledge and belief, each of said signatures is the genuine 
 signature of the person whose name it purports to be. 
 
 (Signed) 
 
 Verification deputy. 
 
 Subscribed and sworn to before me this day of , 19... 
 
 (Seal) 
 
 Notary public (or other official). 
 In case of judicial office, etc. 
 
 In the case of a nomination paper for any candidate for a judicial, school, county, 
 township or municipal office, the provisions of this subdivision shall apply, except that 
 no such nomination paper nor any section thereof shall contain the name of any 
 political party and any nomination paper for any candidate for a judicial office, school 
 office, county office, township office, or municipal office may be signed by any registered
 
 645 ELECTIONS. Act 1337, g 5 
 
 qualified elector of the county or city and county, whether registered as being affiliated 
 with any, or with no, political party. 
 
 Arrangement prior to filing. Form of index. 
 
 4. Prior to the filing of a nomination paper for any candidate, the sections thereof 
 must be numbered in order and fastened together by cities or towns or portions of the 
 county not included in such cities or towns, substantially in the manner required for the 
 binding of affidavits of registration by the provisions of section one thousand one 
 hundred thirteen of the Political Code; provided, that the sections of the nomination 
 paper may be preceded by an index of precincts, arranged by cities, towns or outside 
 territory in the numerical or alphabetical order of such precincts for each such city, 
 town or outside territory and showing after the name or number of such precinct the 
 numbers of the sections on which the names of the electors registered in such precinct 
 are to be found, and after the number of each section, the number (in parenthesis) 
 of times such names are to be so found on such section. Such index shall be in sub- 
 stantially the following form: 
 
 City of 
 
 No. of precinct 
 
 Numbers of sections containing voters of precinct 
 
 1 
 
 2 
 
 etc 
 
 1 (3 times) 2 (5 times) 3 (7 times) etc. 
 1 (4 times) 2 (0 times) 3 (6 times) etc. 
 etc. 
 
 Town of 
 
 etc. 
 
 Outside Territory. 
 etc. 
 
 Candidates voted for in more than one county. Examination by clerk. Time for filing. 
 Persons who may not verify signatures. Statement of candidate. 
 
 And provided, further, that for all nominations of candidates to be voted for in 
 more than one county, or throughout the entire state, the nomination papers, properly 
 assembled, may be consolidated and fastened or bound together by counties; but in 
 no case shall nomination papers signed by electors of different counties be fastened or 
 bound together. The county clerk or registrar of voters of any county or city and 
 county shall examine all nomination papers herein provided for which purport to 
 have been signed by electors of his county or city and county, and shall disregard 
 and mark "not sufficient" any name appearing on such paper or papers which does 
 not appear in the same handwriting on an affidavit of registration in his office made 
 on or before the date when such name was signed, or which, except in the case of 
 nomination papers of candidates for judicial, school, county, township or municipal 
 offices, the signers of which maj' be registered as of any or of no party, does not 
 appear on said affidavit as intending to affiliate with the party named in such 
 nomination papers. Such officer shall, within five days after any nomination papers 
 are filed with him or left for examination, examine the same as herein provided, 
 and affix thereto a certificate reciting that he has examined the same and stating 
 the number of names signed thereto which have not been marked "not sufficient" 
 as hereinabove provided. All nomination papers which by this act are required to 
 be filed in the office of the secretary of the state, shall be left with the county 
 clerk or registrar of voters for examination, as above provided, at least forty days 
 prior to the August primary election or the May presidential primary election, and 
 shall, with such certificate of examination attached, within five days after being so 
 left, be forwarded by such county clerk or registrar of voters to the secretary' of state, 
 who shall receive and file the same. All nomination papers which by this act are 
 required to be filed in the office of the city clerk or secretary of the legislative body of
 
 Act 1337, §5 GENERAL LAWS. 646 
 
 any city or municipality shall be left with the county clerk or registrar of voters 
 for examination, as above provided, at least twenty-five days prior to the primary 
 election at whioh such nominations are to be made, and shall, with such certificate 
 of examination attached, within five days after being so left be forwarded by such 
 county clerk or registrar of voters to the city clerk or secretary of the legislative body 
 of such city or municipality who shall receive and file the same. The verification of 
 signatures to nomination papers shall not be made by the candidate, nor by any 
 county clerk, registrar of voters, nor by any of the deputies in the office of such 
 county clerk or registrar of voters, nor within one hundred feet of any election booth, 
 polling place, or any place where registration of electors is being conducted. Each 
 candidate on or before the thirty-fifth day prior to the August primary election or the 
 May presidential primary election, or on or before the twenty-fifth day prior to any 
 other primary election, shall file in the place where his nomination paper is required 
 to be filed, as provided in section six of this act, his affidavit, stating his residence, with 
 street and number, if any; his election precinct; that he is a qualified elector in the 
 election precinct in which he resides; the name of the office for which he is a candidate; 
 that he will not before said primary election withdraw as a candidate for nomination 
 and that if nominated he will accept such nomination and not withdraw, and that he 
 will qualify as such officer if nominated and elected; and he shall also make the state- 
 ment required in subdivision five of section six of this act. Nothing in this act con- 
 tained shall be construed to limit the rights of any person to become the candidate 
 of more than one political party for the same office upon complying with the require- 
 ments of this act, but no person shall be entitled to become a candidate for more than 
 one office at the same election. No more than one affidavit need be filed by any candi- 
 date, even though he is the candidate for nomination by more than one political party. 
 In no case shall the secretary of state, county clerk, or city clerk, place the name of 
 any candidate on this ballot or certify any such name to be placed thereon unless the 
 requisite affidavit has first been filed as herein provided. 
 
 Number of signatures reauired. 
 
 5. Except in the case of a candidate for nomination to a judicial office, school office, 
 county office, or township office, nomination papers shall be signed as follows: If the 
 candidate is the candidate for an office to be voted on throughout the state, by not 
 less than one-half of one per centum and not more than two per centum of the vote 
 constituting the basis of percentage as defined in subdivision six of this section, of the 
 party of the candidate seeking nomination, within the state; if the candidate is the 
 candidate for an office to be voted on in some political subdivision of the state, but not 
 throughout the state, by not less than one per centum nor more than two per centum of 
 the vote constituting the basis of percentage, as defined in subdivision six of this 
 section, of the party of the candidate seeking nomination within said political sub- 
 division in which such candidate seeks nomination. 
 
 Basis of percentage. 
 
 6. Except in case of a candidate for nomination to a judicial, school, county, town- 
 ship or municipal office, the basis of percentage in each political party shall be the 
 vote polled for such party's candidate for governor, at the last preceding November 
 election at which a governor was elected, in the state or in that political subdivision 
 for which the candidate is proposed for nomination; provided, that such candidate 
 for governor was the candidate of such political party alone. If such party's candi- 
 date for governor was not the candidate of such party alone, the basis of percentage 
 shall be the vote polled at said election by that one of such party's candidates voted 
 on throughout the state who received the greatest number of votes of all of such party's 
 candidates who were the candidates of such party alone. But if no candidate voted on
 
 647 ELECTIONS. Act 1337, g 3 
 
 throughout the state was the candidate of such party alone, then the basis of per- 
 centage shall be the vote polled at said election by that one of such party's candidates 
 votfed on throughout the state who received the greatest number of votes of all of such 
 party's candidates who were the candidates of such party in conjunction with one or 
 more other parties. 
 
 In case of change of political subdivision. 
 
 7. Whenever by rearrangement of political subdivisions of the state by any legis- 
 Jature, board of supervisors or other legislative body, the boundaries of such political 
 subdivisions are changed, the vote polled for governor at the last preceding guber- 
 natorial election by each party in each of the new political subdivisions shall be 
 determined as follows: If the change occurs wholly within any county or city and 
 count}', the county clerk or registrar of voters of such county or city and county shall 
 determine as nearly as possible such vote of each party in the new political sub- 
 division by adding together for each party the vote for such party's candidate for 
 governor in each of the former precincts which now are combined to make up such 
 new political subdivision. If the change occurs outside the limits of any county or 
 city and county, the secretary of state shall determine such vote of each party in such 
 new political subdivision by adding together for each party the vote for such party's 
 candidate for governor in the counties which now are combined to make up such new 
 political subdivision. In the same way that the highest vote for each party in each 
 new political subdivision is ascertained, shall also be ascertained the total vote at 
 such election as is required to be determined by the provisions of subdivision eight of 
 this section. Every political party qualified to participate in the primary election by 
 the pi'ovisions of subdivision nine of section one of this act, for nomination by which 
 party there shall have been filed nomination papers for one or more candidates con» 
 taining a sufficient number of signatures, shall be entitled to a separate party ticket 
 at the primary election; but all such partj'- tickets must be alike in the designation of 
 candidates for judicial, school, county, and township offices. 
 
 In case of judicial ofi&ce, etc. 
 
 8. In the case of a candidate for nomination to a judicial, school, county, township 
 or municipal office, nomination papers shall be signed by not less than one-half of ona 
 per centum, nor more than two per centum of the total vote cast at the last general 
 election in the state or political subdivision thereof in which such candidate for 
 judicial or school, county, or township office seeks nomination. 
 
 Independent candidates. 
 
 9. Nothing herein shall be construed as prohibiting the independent nomination of 
 candidates as provided by section one thousand one hundred eighty-eight of the 
 Political Code, as said section reads at the time of said nomination; except that a 
 candidate for whom a nomination paper has been filed as one of the candidates for 
 nomination to any office on the ballots of any political party at a primary election 
 held under the provisions of this act, and who is defeated for such party nomination 
 at such primary election, shall be ineligible for nomination as an independent can- 
 didate, or as a candidate named by a party central committee to fill a vacancy aa 
 provided in section twenty-five of this act, for the same office at the ensuing general 
 election; and no person shall be permitted to file nomination papers for a party 
 nomination and an independent nomination for the same office, or for more than ona 
 office at the same election. Nor shall any person whose name has been written in 
 upon any ballot or ballots for any office at any primary election, have his name placed 
 upon the ballot as a candidate for such office at the ensuing general election, except 
 under the provisions of said section one thousand one hundred eighty-eight of the 
 Political Code or of section twenty-five of this act providing for the liliug of vacancies
 
 Act 1337, g§ 6. 7 
 
 gene:ral laws. 
 
 648 
 
 by party central committees, unless at such primary election he shall have received 
 for such office votes equal in number to the minimum number of signatures to the 
 nomination paper which would have been required to be filed to have placed his 
 name on the primary ballot as a candidate for nomination to such office. 
 
 Record of papers filed. 
 
 10. The officer with whom nomination papers are filed shall keep a record in which 
 he shall enter the names of every person presenting the same for filing, the name of 
 the candidate, the title of the office, the party, if any, and the time of filing. [Amend- 
 ment of April 8, 1919. In effect July 22, 1919. Stats. 1919, p. 39.] 
 
 This section was also amended May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1345. 
 
 Office in which papers must be filed. 
 
 6 6. All nomination papers provided for by this act shall be filed as follows: 
 
 1. For state officers. United States senators, representatives in congress, members of 
 the state senate and assembly, delegates to state conventions from "hold-over sena- 
 torial districts" and all officers voted for in districts comprising more than one 
 county, in the office of the secretary of state. 
 
 2. For officers to be voted for wholly within one county or city and county, except 
 representatives in congress, delegates to state conventions from "hold-over senatorial 
 districts" and members of the state senate and assembly, in the office of the county 
 clerk of such count}' or in the office of the registrar of voters in such city and county. 
 
 3. For city officers, in the office of the city clerk or secretary of the legislative body 
 of such city or municipality. 
 
 4. When a nomination paper or sections thereof shall have been received which 
 contain a number of signatures equal to two per centum of the vote constituting the 
 basis of percentage as provided in subdivisions five, six and eight of section five of 
 this act, the officer with whom such papers are required to be filed shall not receive 
 or file further sections of the nomination paper for the candidate named therein. 
 
 5. No more signatures shall be secured for any candidate than a number equal to 
 three per centum of the vote constituting the basis of percentage as provided in sub- 
 divisions five, six and eight of section five of this act; provided, that if through mis- 
 calculation or otherwise, more signatures are secured than the said three per centum, 
 all sections of the nomination jaaper containing signatures in excess of said thi'ee per 
 centum must be sent to the candidate; and before any nomination paper is filed as 
 provided in this section, the candidate must notify each signer of such excess sections 
 that his name has not been used; and in the affidavit required to be filed in sub- 
 division four of section five of this act, affiant must state whether he has complied 
 with the provisions contained in subdivision five of section six of this act. [Amend- 
 ment of April 8, 1919. In effect July 22, 1919. Stats. 1919, p. 49.] 
 
 riling fees. 
 
 $ 7. 1. A filing fee of fifty dollars shall be paid to the secretary of state by each 
 candidate for state office or for the United States senate, except as otherwise provided 
 in this section. 
 
 2. A filing fee of twenty-five dollars shall be paid to the secretary of state by each 
 candidate for representative in congress or for any office, except member of state 
 senate and assembly, to be voted for in any district comprising more than one county. 
 
 3. A filing fee of ten dollars shall be paid to the secretary of state by each can- 
 didate for the state senate or assembly'. 
 
 4. A filing fee of ten dollars shall be paid to the county clerk or registrar of voters 
 in any city and county when the nomination paper or papers and affidavit of any 
 candidate to be voted for wholly within one county or city and county are filed with 
 such county clerk or registrar of voters.
 
 649 ELECTIONS. Act 1337, §§ 8-10 
 
 5. A filing fee of ten dollars shall be paid to the city clerk or secretary of the legis- 
 lative body of an}^ municipality when the nomination paper or papers and affidavit 
 of any candidate for a city office are filed with such clerk or secretary of such legis- 
 lative body. 
 
 6. No filing fee shjill be required from any person to be voted for at tA£ May 
 presidential primary election, or from any candidate for an office to the holder of 
 which no fixed compensation is required to be paid, or for township or municipal 
 offices the compensation to the holder of which does not exceed the sum of six hundred 
 dollars per annum. 
 
 7. In no case shall the secretary of state, county clerk, registrar of voters, or city 
 clerk, receive anj'^ nomination papers for filing until the requisite fee for such filing, 
 as prescribed in this section, has first been paid to him. 
 
 8. When a person for whom a nomination paper has not been filed is nominated for 
 an office by having his name written on a primary election ballot, he must pay the 
 same filing fee that would have been required if his nomination paper had been filed; 
 otherwise his name must not be printed on the ballot at the ensuing general election. 
 
 9. When a candidate for nomination to office is proposed for nomination by more 
 than one political party, he must pay a separate filing fee for each party in which 
 he is proposed for nomination; or if, having filed a nomination paper for one party, he 
 is nominated by another party by having his name written on a primary election 
 ballot, he must pay the same filing fee for such other party nomination that would 
 have been required if his nomination paper for such other party had been filed; other- 
 wise his name shall not be printed on the general election ballot as the nominee of 
 such other party. [Amendment of May 29, 1917. In effect July 28, 1917. Stats. 
 1917, p. 1354.] 
 
 Clerk to pay fees to treasurer. 
 
 § 8. The county clerk shall immediately pay to the county treasurer and the regis- 
 trar of voters in any city and county shall immediately pay to the city and county 
 treasurer all fees received from candidates. The city clerk or secretary of the legis- 
 lative body of any municipality shall immediately pay to the city treasurer all fees 
 received from candidates. Within ten days after the primary election the secretary 
 of state shall pay to the state treasurer all fees received from candidates and shall 
 apportion the fees paid to him by each candidate equally among the counties within 
 which such candidate is to be voted for, and certify such apportionment to the state 
 controller, who shall issue warrants on the state treasurer for the amount due each 
 county and the state treasurer shall pay the same. 
 
 Expense of primary. 
 
 § 9. The expense of providing all ballots, blanks and other supplies to be used at 
 any primary election provided for by this act and all expenses necessarily incurred 
 in the preparation for or the conduct of such primary election shall be paid out of 
 the treasury of the city, city and county, county or state, as the case may be, in the 
 same manner, with like effect and by the same officers as in the case of general 
 elections. 
 
 Secretary of state to transmit list of nominees. Publication by clerk. 
 
 § 10. At least thirty days before any August primary election preceding a November 
 election or before any May presidential pi'imary election the secretary of state shall 
 transmit to each county clerk or registrar of voters in any city and county a certified 
 list containing the name and post office address of each person for whom nomination 
 papers have been filed in the office of such secretary of state, including the candidate 
 for delegate to a state convention, if any, from a ''hold-over senatorial district" and 
 who is entitled to be voted for in such county at such primary election, together witb
 
 Act 1337, §g 11, 12 
 
 CKXERAL LAWS. 
 
 650 
 
 a designation of the office for which such person is a candidate and except in the case 
 of a judicial office, or a school office of the party or principle he represents. Such 
 county clerk or registrar of votes shall forthwith, upon receipt thereof, publish under 
 the proper party designation the title of each office (except a judicial office or a 
 school office), Avhich appears upon the certified list transmitted by the secretarv of 
 state as hereinbefore provided, together with the names and addresses of all persons 
 for whom nomination papers have been filed for each of said offices in the office of the 
 secretary of state, and also the names of all candidates for the county central com- 
 mittee, filed in the office of the county clerk or registrar of voters. He shall also 
 publish the title of each judicial office, school office, county office, and townshi]) office, 
 together with the names and addresses of all persons for whom nomination papers 
 have been filed for each of said offices, either in the office of the secretary of state or 
 in the office of the county clerk or registrar of voters, and shall state that candidates 
 for said judicial, school, county, and township offices may be voted for at the primary 
 election, by any registered, qualified elector of the county, whether registered as 
 intending to affiliate with any political party or not. He shall also publish the date 
 of the primary election, the hours during which the polls will be open, and that the 
 primary election will be held at the legally designated polling places in each precinct, 
 which shall be particularly designated. It shall be the duty of the county clerk or 
 registrar of voters in any city and county to cause such publication to be made once 
 each week for two successive weeks prior to said primary election. 
 
 Newspapers in which publication shall be made. 
 
 § 11. Every publication required by this act shall be made in not more than two 
 newspapers of general circulation published in such county or city and count}', and one 
 of such newspapers shall represent the political party that cast at the last preceding 
 general election the highest number of votes in such county or city and county, and 
 one of such newspapers, if any, shall represent the party which cast the next highest 
 number of votes at such election. In any case where the publication of the notices 
 provided for by this act can not be made as hereinbefore provided it shall be made 
 in any newspaper having a general circulation in the city or county in which the 
 notice is required to be published. 
 
 Ballots. Non-partisan ballot. Clerk to provide ballot. Ballot paper. 
 
 § 12. 1. All voting at primary elections within the meaning of this act shall be 
 by ballot. A separate official ballot for each political party shall be printed and 
 provided for use at each voting precinct; but all such party ballots must be alike in 
 the designation of candidates for judicial, school, county, and township offices. The 
 ballots must have a different tint or color for each of the political parties participating 
 in the primary election. There shall also be printed and provided a non-partisan 
 ballot of a different tint and color from all the others (or white, if all the others are 
 colored), which shall contain only, but in like manner, all the candidates for judicial, 
 school, county, and township offices to be voted for at the primary election; and one 
 of the nonpartisan ballots shall, at the primary election, be furnished to each registered 
 qualified elector who is not registered as intending to affiliate with any one of the 
 ]>olitical parties participating in said primary election; but to any elector registered 
 as intending to affiiate with any political party participating in the primary there shall 
 be furnished, not a nonpartisan ballot, but a ballot of the political party with which 
 said elector is registered as intending to affiliate. 
 
 It shall be the duty of the county clerk of each county or of the registrar of voters 
 in any city and county to provide such printed official ballots to be used at any 
 August primary election for the nomination of candidates to be voted for in such 
 county or city and county at the ensuing November election and at any May presi-
 
 351 ELECTIONS. Act 1337, § 13 
 
 dential primary election. It shall be the duty of the city clerk or secretary of the 
 legislative body of any municipality to provide such printed official ballots for any 
 primary election other than the August primary election or the May presidential 
 primary election. Such official ballots to be used at any primary election shall be 
 printed on official paper, furnished by the secretary of state, in the manner provided 
 by section one thousand one hundred ninety-six of the Political Code, and in the form 
 hereinafter provided. The names of all candidates for the respective offices for whom 
 the prescribed nomination papers have been duly filed shall be printed thereon. 
 
 Size. 
 
 2. Official primary election ballots used at any primary election for the nomination 
 of candidates to be voted for at any presidential or general state election, except as 
 provided in subdivision five of this section, shall be as long as the herein prescribed 
 captions, headings, party designations, directions to voters and lists of names of can- 
 didates, properly subdivided according to the several offices to be nominated for, may 
 require; and no official primary election ballot shall be less than six and one-half 
 inches wide. 
 
 How printed. 
 
 3. Across the top of the ballot shall be printed in heavy-faced gothic capital type, 
 not smaller than forty-eight point, the words: "Official Primary Election Ballot"; 
 providing, that on a nonpartisan ballot said words may be printed in gothic capital 
 type not smaller than twentj^-four point. Beneath this heading shall be printed in 
 heavy-faced gothic capital type, not smaller than twenty-four point, the party designa- 
 tion if it be a party ballot; or, in the case of a ballot containing the names of no can- 
 didates except candidates for a judicial school, county, or township office, the words 
 "Nonpartisan Ballot." Beneath the party designation or the words "Nonpartisan 
 ballot," as the case may be, insert the respective number of the congressional, sena- 
 torial, or assembly district in which the ballot is to be voted, in black-face type, as 
 large as the width of the ballot shall make possible. In the case of official primary 
 election ballots to be used at any primary election held for the nomination of candidates^ 
 other than those to be voted for at a presidential or a general state election, and on 
 which, in accordance with the provisions of this act, the names of candidates may 
 be printed in a single column or in two parallel columns, as the case may be, the words 
 "Official Primary Election Ballot" shall be printed thereon in heavy-faced gothic 
 capital type, not smaller than twenty-four point. The party or nonpartisan designa- 
 tion shall be printed in heavy-faced gothic capital type, not smaller than eighteen 
 point. The instructions to voters shall be printed in ten point gothic type. 
 
 Instructions to voters. 
 
 4. At least three-eighths of an inch below the district designation shall be printed 
 in ten point gothic type, double leaded, the following instructions to voters: "To vote 
 for a person whose name appears on the ballot, stamp a cross (X) in the square at 
 the right of the name of the person for whom you desire to vote. To vote for a 
 person whose name is not printed on the ballot, write his name in the blank space 
 provided for that purpose." 
 
 Candidates' names in parallel columns. Order of precedence. Manner of printing 
 names. Tally sheets. 
 
 5. The instructions to voters shall be separated from the lists of candidates and 
 the designations of the several offices to be nominated for by one light and one heavy 
 line or rule. The names of the candidates and the respective offices shall, except as 
 may be hereinafter otherwise provided, be printed on the ballot in four or more 
 parallel columns, each two and one-half inches wide. The number of such parallel
 
 All i:{;{7. §12 CIOXKRAL 1, VWS. C52 
 
 columns shall be oxaoliy divisible by two, and such parallel columns shall be equally 
 divided on the balltit for party and nonpartisan tickets by a solid black line, extending 
 down from the printed lines separating the instructions to voters from the list of 
 names of candidates to the bottom margin of the ballot. In the case of a primary 
 election for the nomination of candidates to be voted for at a presidential or general 
 state election, the ord«!r of precedence shall be as follows, that is to say: In the 
 column to the left, under the heading "state" shall be printed the groups of names 
 of candidates for state oflBces, except judicial and school offices, and for members of 
 the state board of equalization. In the second column, under the heading "congres- 
 sional" shall be pi'inted the groups of names for United States senator in congress, 
 if any, and for representative in congress. Next, under the heading "legislative" 
 shall be printed the groups of names for state senator, if any, for member of assembly, 
 and for election as delegate to the state convention from a "hold-over senatorial 
 district," if any. Finally under the heading "county committee" shall be printed the 
 names of the candidates for election to membership in the county central committee 
 of the party. In the case of primary elections where state ofTicers are not to be nomi- 
 nated, at the left of the solid black dividing line there may be only one column. In 
 the parallel columns to the right of the solid black dividing line shall be printed the 
 groups of names of candidates for nomination to judicial, school, county, and town- 
 ship offices in the following order: Under the heading "judicial" shall be printed 
 all the names of candidates for judicial offices, in the order of chief justice supreme 
 court, associate justices supreme court, judge of district court of appeals, judge of 
 superior court and justice of the peace. Next, under the heading "school" shall 
 be printed all the names of candidates for school otBces in the order of state super- 
 intendent of instruction, superintendent of schools, and school district officers, if any. 
 Next, under the heading "county and township" shall be printed the groups of 
 candidates for all county and township offices except judicial or school offices. In 
 the case of primary elections where county officers are not to be nominated, at the 
 right of the solid black dividing line there may be only one column. The nonpartisan 
 ballot provided for in subdivision one of this section shall be identical as to offices 
 and names of candidates with that portion of the party ballot which is printed to the 
 right of the solid black dividing line hereinabove described. The tally sheets furnished 
 to election officers shall have the names of offices and candidates arranged in the order 
 in which said names of officers and candidates are printed on the ballots according 
 to the provisions of this section and subdivision. In the case of primary elections for 
 the nomination of candidates for city, city and county or municipal offices only, the 
 groups of names of candidates may be printed in two parallel columns and the order 
 of precedence shall be determined by the legislative body of such city or municipality 
 or by the board of election commissioners of any such city and county. 
 
 Candidates for judicial ofl&ces, etc. 
 
 6. The group of names of candidates for nomination to any judicial office, school 
 office, county office, or township office shall include all the names receiving the 
 requisite number of signatures on a nomination paper for such office, and shall be 
 identical for each such office on the primary election ballots of each political party 
 participating at the primary election; but the groups of names of candidates for all 
 other offices on the ballots of each political party shall comprise only the names of the 
 candidates for nomination by such party. 
 
 Order of list of candidates. 
 
 7. The order in which the list of candidates for any office shall appear upon the 
 primary election ballot shall be determined as follows: 
 
 (a) If the office is an office the candidates for which are to be voted on throughout
 
 653 ELECTIONS. Act 1337, § 12 
 
 the entire state, including United States senator in congress, the secretary of state 
 shall arrange the names of all candidates for such office in alphabetical order for 
 the first assembly district; and thereafter for each succeeding assembly district, the 
 name appearing first for each office in the last preceding district shall be placed last, 
 the order of the other names remaining unchanged. If the office is that of represen- 
 tative in congress, or is an office the candidates for nomination to which are to be voted 
 on in more than one county or city and county, but not throughout the entire state, 
 except the office of state senator or assemblyman, the secretary of state shall arrange 
 the names of all candidates for such office in alphabetical order for that assembly 
 district which is lowest in numerical order of any assembly district in which such 
 candidates are to be voted on; and thereafter for such succeeding assembly district 
 in which such candidates are to be voted on, the name appearing first for such office in 
 the last preceding district shall be placed last, the order of the other names remaining 
 unchanged. In transmitting to each county clerk or registrar of voters the certified 
 list of names as required in section ten of this act, the secretary of state shall certify 
 and transmit the list of candidates for nomination to each office according to assembly 
 districts, in the order of arrangement as determined by the above provisions; and in 
 the case of each county or city and county containing more than one assembly dis- 
 trict he shall transmit separate lists for each assembly district. Except for the office 
 of state senator or assemblyman, the order in which the names filed with the secretary 
 of state shall appear upon the ballot, shall be for each assembly district the order as 
 determined by the secretary of state in accordance with the above provisions, and as 
 certified and transmitted by him to each county clerk or registrar of voters. 
 
 (b) If the office is an office to be voted on throughout, but wholly within, one county 
 or city and county, except the office of representative in congress or state senator or 
 assemblyman, the county clerk of such county or the registrar of voters of such city 
 and county, shall arrange the names of all candidates for such office in alphabetical 
 order for the first supervisorial district; and thereafter for each supervisorial district, 
 the name appearing first for each such office in the last preceding supervisorial district 
 shall be placed last, the order of the other names remaining unchanged ; provided, there 
 are no more than five assembly districts in such county, or city and county. If there 
 are more than five assembly districts in such county, or city and county, the county 
 clerk or registrar of voters shall so arrange on the ballot the order of names of all 
 candidates for such office that they shall appear in alphabetical order for that assembly 
 district in such county, or city and county, which is lowest in numerical order, and 
 thereafter for each succeeding assembly district in such county, or city and county, the 
 name appearing first for each office in the last pi'eceding assembly district shall be 
 placed last, the order of the other names remaining unchanged. 
 
 (c) If the office is that of state senator or assemblyman, or delegate to the state 
 convention from a "hold-over senatorial district," or member of a county central 
 committee, or any office except the office of representative in congress to be voted on 
 wholly within any county or city and county but not thi'oughout such county or city 
 or county, the names of all candidates for such office shall be placed upon the ballot in 
 alphabetical order. 
 
 (d) If the office is a municipal office in any city or town whose charter does not pro- 
 vide for the order in which names shall appear on the ballot, the names of candidates 
 for such office shall be placed upon the ballot in alphabetical order. 
 
 Order of publication of names and addresses. 
 
 8. In publishing the names and addresses of all candidates for whom nomination 
 papers have been filed, as required in section ten of this act, the county clerk or regis- 
 trar of voters shall publish the names in the order in which they will appear upon the 
 ballot; provided, that in counties or cities and counties containing more than one
 
 Act 1337, § la GENERAL LAWS. 654 
 
 assembly district the order of names of candidates shall be that of the assembly district 
 in such county or city and county which is lowest in numerical order. 
 
 Designation of of&ce. 
 
 9. Each group of candidates to be voted on shall be preceded by the designation of 
 the office for which the candidates seek nomination, and the words "Vote for One" 
 or "Vote for Two" or more according to the number to be elected to such office at the 
 ensuing election. Such designation of the office to be nominated for and of the number 
 of candidates to be nominated shall be printed in heavy-faced gothie type, not smaller 
 than ten point. The word or words designating the office shall be printed flush with the 
 left-hand margin and the words "Vote for One" or "Vote for Two" or more, as the 
 case may be, shall extend to the extreme right of the column and over the voting 
 square. The designation of the office and the direction for voting shall be separated 
 from the names of the candidates by a light line. 
 
 Printing names of candidates. Headings. Borders and perforations. Number of bal- 
 lots. Form of ballot. 
 
 10. The names of the candidates shall be printed on the ballot without indentation, 
 in roman capital type not smaller than eight point, between light lines or rules, three- 
 eighths of an inch apart. Under each group of names of candidates shall be printed as 
 many blank spaces, defined by light lines or rules, three-eighths of an inch apart, as 
 there are to be candidates nominated for such office. To the right of the names of the 
 candidates shall be printed a light line or rule so as to form a voting square three- 
 eighths of an inch square. Each group of names of candidates shall be separated from 
 the succeeding group by ojie light and one heavy line or rule. Each series of groups 
 shall be headed by the word "State," "Congressional," "Legislative," "County and 
 Township" or "Municipal" or other proper general classification, as the case may be, 
 printed in heavy-faced gothie capital type, not smaller than twelve point. The left-hand 
 side of the first column of names on the ballot, and also the right-hand side of the last 
 column of voting squares on the ballot shall be bordered by a broad printed line one- 
 twelfth of an inch wide. The binding or stitching of each package of ballots shall be on 
 the left side thereof. The ballots shall be printed on the same leaf with a stub not over 
 one and one-half inches in width, and separated therefrom by a perforated line from 
 top to bottom, one-half inch to the left of the broad printed line along the left border 
 of the ballot. Upon this stub shall be printed the number of the ballot only. On each 
 ballot a perforated line shall extend across the top of the ballot one inch from the top 
 thereof. The same number as appears on the stub shall be printed above such perfor- 
 ated line within two inches of the perforated line on the left side of the ballot, and 
 above this number shall be printed in parenthesis in small type as follows: "(This 
 number to be torn off by inspector)"; and one-half inch to the right of this ballot 
 number there shall be a short perforated line extending from the perforated line along 
 the top of the ballot to the top edge of the ballot. Immediately above said perforated 
 line shall be printed in black-face lower case type, at least twelve point in size, and en- 
 closed in a parenthesis, the following: "(Fold Ballot to this" Perforated Line, Leaving 
 Top Margin Exposed)." Above this printed direction, and midway between it and the 
 top edge of the ballot, shall be printed in black-face capital type, at least twelve point 
 in size, if possible, and with the four middle words underlined or otherwise made promi- 
 ment, the following: "Mark crosses (X) on ballot ONLY WITH RUBBER STAMP; 
 never with pen or pencil. ' ' The number on each ballot shall be the same as that on the 
 corresponding stub, and the ballots and stubs shall be numbered consecutively in each 
 county; provided, that the sequence of numbers on such official ballots and stubs for 
 each party shall begin with the number one. The official ballots of each political party 
 shall be made up in stub books, each book to contain ten, or some multiple of ten,
 
 653 ELECTIOXS. Act 1337, §§ 13, 14 
 
 ballots, in the manner provided by law for ofl&cial election ballots, and except as to the 
 order of the names of candidates shall be printed in substantially the following form : 
 [Form of ballot on inserts.] [Amendment of May 7, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 381.] 
 
 Sample ballots. Mailed to voters. Printing of ofiicial ballot. In cities. 
 
 $ 13. At least twenty days before the August primary election or before the May 
 presidential primary election each county clerk or registrar of voters in any city and 
 county shall prepare separate sample ballots for each political party, and a separate 
 sample non-partisan ballot, placing thereon in each case in the order provided in 
 subdivision 7 of section 12 of this act, and under the api^ropriate title of each office, the 
 names of all candidates for whom nomination papers have been duly filed with him, 
 or have been certified to him by the secretary of state, to be voted for at the primary 
 election in his county or city and county. Such sample ballots shall be printed on 
 paper of a different texture from the paper to be used on the official ballot, and one 
 sample ballot of the party to which the voter belongs as evidenced by his registration 
 shall be mailed to each such voter entitled to vote at such August primary election or 
 May presidential primary election, as the ease may be, not more than ten nor less than 
 five days before the election. Not more than ten nor less than five days before the 
 August primary election a non-partisan sample ballot printed on paper of a different 
 texture from the paper to be used on the official ballot shall be mailed to each regis- 
 tered qualified elector, who is not registered as intending to affiliate with any of the 
 parties participating in said primary election. Such clerk or registrar of voters shall 
 forthwith submit the ticket of each political party to the chairman of the county com- 
 mittee of such party and shall mail a copy to each candidate for whom nomination 
 papers have been filed with him or whose name has been certified to him by the 
 secretary of state, to the postoffice address as given in such nomination paper or certifi- 
 cation, and he shall post a copy of each sample ballot in a conspicuous place in his 
 ofiQce. Before such primary election the county clerk or registrar of voters in any city 
 and county shall cause the official ballot to be printed as provided by section 12 of this 
 act, and distributed in the same manner and in the same quantities as provided in 
 sections 1198, 1199 and 1201 of the Political Code for the distribution of ballots for 
 elections; provided, that the number of party ballots to be furnished to any precinct 
 shall be computed from the number of voters registered in such precinct as intending 
 to affiliate with such party, and the number of non-partisan ballots to be furnished to 
 any precinct shall be computed from the number of voters registered in such precinct 
 without statement of intention to affiliate with any of the parties participating in the 
 primary election. In the case of primary elections f OD the nomination of candidates for 
 city offices it shall be the duty of the city clerk, secretary of the legislative body of 
 such city or municipality, or such other officer charged by law with the duty of 
 preparing and distributing the official ballots used at elections in such city or munici- 
 pality, to prepare and mail the sample ballot and to prepare and distribute the official 
 primary election ballots, and so far as applicable and not otherwise provided herein 
 the provisions of this act shall apply to the nomination of all candidates for city offices. 
 
 Polls open 6 a. m. to 7 p. m. 
 
 5 14. The polls must be open at six o'clock of the morning of the day of primary 
 election and must be kept open until seven o'clock in the afternoon of the same day 
 when the polls shall be closed; provided, however, that if at the hour of closing there 
 are any voters in the polling place, or in line at the door, who are qualified to vote and 
 have not been able to do so since appearing, the polls shall be kept open a sufficient 
 time to enable them to vote. But no one who shall arrive at the polling place aftef 
 seven o'clock in the afternoon shall be entitled to vote, although the ^jolls may be open
 
 Act 1337, §§ 15-18 GE^NBRAL. L,A\i'$. t>5U 
 
 when he arrives. No adjournment of interniission shall be taken except as provided in 
 the case of general elections. 
 
 Election officers. 
 
 § 15. The officers for primary elections shall be the same and shall be appointed in 
 the same manner, as provided by law for general elections, and such officeris shall 
 receive the same compensation for their services at primary elections as provided by 
 law for general elections. 
 
 It shall be the duty of the proper officers to furnish the original affidavits of regis- 
 tration and indexes for use at primary elections, which shall show the names of all 
 voters entitled to vote at such primary elections, and shall be numbered, for purposes 
 of the primary election, in like manner as provided in section 1113 of the Political 
 Code. And all the provisions of section 1096 of the Political Code, so far as they are 
 consistent with the provisions of this act, are hereby made applicable to primary elec- 
 tions within the meaning of this act. 
 
 Challenge of voter. 
 
 $ 16. Any elector offering to vote at a primary election may be challenged by any 
 elector of the city, city and county, or county upon either or all of the grounds specified 
 in section 1230 of the Political Code, but his right to vote the primary election ticket of 
 the political party designated in his affidavit of registration, as provided in section 1096 
 of the Political Code, or his right to vote the non-partisan primary ticket providing no 
 such party is so designated, shall not be challenged on any gi'ound or subjected to any 
 tests other than those provided by the constitution and section 1230 of the Political 
 Code of this state. 
 
 Qualified electors may vote. 
 
 § 17. Any elector qualified to take part in any primary election, who has, at least 
 thirty days before the day of such primarj' election, qualified by registration, as pro- 
 vided by section 1096 of the Political Code, shall be entitled to vote at such primary 
 election, such right to vote being subject to challenge only as hereinbefore provided; 
 and shall, on writing his name or having it written for him on the roster, as provided 
 by law for general elections in this state, receive the official primary election ballot of 
 the political party designated in his affidavit of registration; (or the non-partisan 
 ballot, providing no such party was so designated), and no other; provided, however, 
 that no one shall be entitled to vote at any primars' election who has not been a resident 
 of the state one year, and of the county ninety days, preceding the day upon which such 
 primary election is held. He shall be instructed by a member of the board as to the 
 proper method of marking and folding his ballot, and he shall then retire to an 
 unoccupied booth and without undue delay stamp the same with the rubber stamp 
 there found. If he shall spoil or deface the ballot he shall at once return the same to 
 the ballot- clerk and receive another. 
 
 Designating choice. 
 
 § 18. The voter shall designate his choice on the ballot by stamping a cross (X) i^ 
 the small square opposite the name of each candidate for whom he wishes to vote. If 
 he shall stamp more names than there are candidates to be nominated for an}' office, or 
 if for any reason it be impossible to determine his choice for any office, his ballot shall 
 not be counted for such office, but the rest of his ballot, if properly stamped, shall be 
 counted. No ballot shall be rejected for any technical error which does not render 
 it impossible to determine the voter's choice, nor even though such ballot be somewhat 
 soiled or defaced.
 
 657 ELECTIONS. Act 1337, §§ 19-22 
 
 Folding ballot. 
 
 $ 19. When a voter has stamped his ballot he shall fold it so that its face shall be 
 eoRcealed and only the printed designation on the back therof shall be visible, and 
 hand the same to the member of the board in charge of the ballot box. Such folded 
 ballot shall be voted as ballots are voted at general elections, and the name of the 
 voter checked upon the affidavit of registration as having voted as is required at such 
 general elections. [Amendment of May 29, 1917. In effect July 28, 1917. Stats. 1917, 
 p. 1355.] 
 
 No intermission between closing of polls and counting of votes. 
 
 $ 20. No adjournment or intermission whatever shall take place until the polls shall 
 be closed and until all the votes cast at such polls shall be counted and the result 
 publicly announced, but this shall not be deemed to prevent any temporary recess while 
 taking meals or for the purpose of other necessary delay; provided, that no more than 
 one member of the board shall at any time be absent from the polling place. 
 
 Canvass of votes. 
 
 $ 21. As soon as the polls are finally closed the judges must immediately proceed to 
 canvass the votes cast at such primary election. The canvass must be public, in the 
 presence of bystanders, and must be continued without adjournment until completed 
 and the result thereof declared. Except as hereinafter provided, the canvass shall be 
 conducted, completed and returned as provided by sections one thousand two hundred 
 fifty-three, one thousand two hundred fifty-four, one thousand two hundred fifty-five, 
 one thousand two hundred fifty-six, one thousand two hundred fifty-seven, one thou- 
 sand two hundred filty-eight, one thousand two hundred filty-nine, one thousand two 
 hundred sixty, one thousand two hundred sixty-one, one thousand two hundred 
 sixty-two, one thousand two hundred sixty-three, one thousand two hundred sixty- 
 four, one thousand two hundred sixty-four a, one thousand two hundred sixty-five, 
 one thousand two hundred sixty-six, ore thousand two hundred sixty-seven, and one 
 thousand two hundred sixty-eight of the Political Code of this state; provided, how- 
 ever, that the ballots of each party must be sealed and returned in separate envelopes, 
 and the non-partisan ballots must be sealed and returned in another separate envelope. 
 The number of ballots agreeing or being made to agree with the number of names on 
 the lists, as provided by section one thousand two hundred fifty-five of the Political 
 Code, the board must take the ballots from the box, count those east by each party, 
 and string them separately; count all the votes cast for each party candidate for the 
 several offices and record the same on the tally lists; and count all the votes on all the 
 ballots, both party and non-partisan, for the candidates for judicial, school, county, 
 township, and municipal offices, and record the same on the tally lists. [Amendment of 
 May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1355.] 
 
 Canvass of returns. Declaration of result. Returns to secretary of state. Secretary 
 
 of state to compile returns. 
 
 $ 22. The board of supervisors of each county, the board of election commissioners 
 in any city and county, or, in the case of a city or municipal primary election, the 
 officers charged by law with the duty of canvassing the vote at any city or municipal 
 election in such political subdivision, shall meet at the usual place of such meeting, or 
 at any other place permitted by law, at one o 'clock in the afternoon of the first Thurs- 
 da}' after each primary election to canvass the returns, or as soon thereafter as all the 
 returns are in. When begun the canvass shall be continued until completed, which shall 
 not be later than six o'clock in the afternoon of the sixteenth day following such 
 primary election. The clerk of the board must, as soon as the result is declared, enter 
 upon the records of such board a statement of such result, which statement shall 
 contain the whole number of votes cast for each candidate of each political party, for 
 
 tjeii. JLaws — 42
 
 Act 1337, § 23 GENERAL LAWS. 658 
 
 each candidate for each judicial, school, county, township, or municipal office, for each 
 candidate for delegate, if any, to a state convention from a hold-over senatorial district, 
 and for each candidate for membership in the eount}^ central committee; provided, how- 
 ever, that in entering the statement of such result, the provisions of subdivision six of 
 section one thousand two hundred eighty-two of the Political Code shall apply, and a 
 duplicate as to each political party shall be delivered to the county, city and county or 
 city chairman of such political party, as the case may be. The clerk shall also make an 
 additional duplicate statement in the same form showing the votes cast for each candi- 
 date not voted for wholly within the limits of such county or city and county. The 
 county clerk or registrar of voters in any cit}' and county shall forthwith send to the 
 secretary' of state by registered mail or by express one complete copy of all returns as 
 to such candidates, and as to all candidates voted for wholly within one county for the 
 following offices: State assembly, state senate, representatives in congress, members of 
 the state board of equalization, judicial officers, except justices of the peace, and dele- 
 gate, if any, to a state convention from a hold-over senatorial district; and as to all 
 persons voted for at the May presidential primary election. The secretary of state 
 shall, not later than the twenty-fifth day after any primary election, compile the returns 
 for all candidates voted for in more than one county, and for all candidates for the 
 assembly, state senate, representatives in congress, member of the state board of equali- 
 zation, and judicial offices (except justices of the peace), delegate, if any, to a state 
 convention from a hold-over senatorial district, and for all persons voted for at the 
 May presidential primary election, and shall make out and file in his office a statement 
 thereof. He shall compile the returns for the May presidential primary election not 
 later than the twenty-first day after such election, and shall compile said returns in 
 such a manner as to show, for each candidate, both the total of the votes received and 
 the votes received in each congressional district of the state. [Amendment of May 29, 
 1917. In effect July 28, 1917. Stats. 1917, p. 1355.] 
 
 Names which go on ballot for final election. 
 
 § 23. Except in the case of a candidate for nomination to a judicial, school, county, 
 township, or municipal office, the person receiving the highest number of votes, at a 
 primary election as the candidate for the nomination of a political party for an office 
 shall be the candidate of that party for such office, and his name as such candidate 
 shall be placed on the official ballot voted at the ensuing election; provided, he has paid 
 the filing fee as required by section seven of this act; and provided, further, that no 
 candidate for a nomination for other than a judicial, school, county, township or munici- 
 pal office who fails to receive the highest number of votes for the nomination of the 
 political party with which he was affiliated thirty-five days before the date of the 
 primary election, as ascertained by the secretary of state from the affidavit of regis- 
 tration of such candidate in the office of the county clerk of the county in which such 
 candidate resides, shall be entitled to be the candidate of any other political party. 
 
 In case of judicial office, etc. Certificates of nomination. 
 
 In the case of a judicial, school, county, township, or municipal office, the candidates 
 equal in number to twice the number to be elected to such office, or less, if the total 
 number of candidates is less than twice the number of offices to be filled, who receive 
 the highest number of the votes cast on all the ballots of all the voters participating 
 in the primary election for nomination to such office, shall be the candidates for such 
 office at the ensuing election, and their names as such candidates shall be placed on the 
 official ballot voted at the ensuing election; provided, however, that in case there is 
 but one person to be elected at the November election to any judicial, school, county, 
 or township office, and candidate who receives at the August primary election a majority 
 of thy total number of votes cast for all the candidates for such office shall be the only
 
 650 jELECTIONS. Act 1337, § 23 
 
 candidate for such office whose name shall be printed on the ballot at the ensuing 
 election; and provided, further, that in case there are two or more persons to be elected 
 at the November election to any judicial, school, county, or township office, and in case 
 any candidate for such office receive at the August primary election the votes of a 
 majority of all the voters participating in the primary election in the state or political 
 subdivision in which said office is voted upon, such candidates being herein designated 
 as "majority candidates," said "majority candidates" shall, if their number is not less 
 than the number of persons to be elected to such office, be the only candidates for such 
 office whose names shall be printed on the ballot at the ensuing November election; 
 and if the number of such "majority candidates" fall short of the number of persons 
 to be elected to such office, the names of said "majority candidates" shall be printed 
 on the ballot at the ensuing November election, together with such number of additional 
 names only of such other candidates receiving the next highest number of votes for 
 nomination to such office as may make the number of such additional names equal to 
 twice the difference between the number of such "majority candidates" and the 
 number to be elected, or a smaller number, if the list of said other candidates is ex- 
 hausted. Of the candidates for election to membership in the county central committee, 
 the candidates equal in number to the number to be elected receiving the highest num- 
 ber of votes in their supervisorial district or assembly district, as the case may be in 
 accordance with the provisions of subdivision four of section twenty-four of this act, 
 shall be declared elected as the representatives of their district to membership in such 
 committee. It shall be the duty of the officers charged with the canvass of the returns 
 of any primary election in any county, city and county or municipality to cause to be 
 issued official certificates of nomination to such party candidates (other than congres- 
 sional and legislative candidates, candidates for the state board of e*qualization, and 
 delegates to the state convention from a hold-over senatorial district), as have received 
 the highest number of votes as the candidates for the nomination of such party for any 
 offices to be voted for wholly within such county, city and county, or municipality, 
 and cause to be issued to each member of a county central committee a certificate of his 
 election; and to cause to be issued official certificates of nomination to such candidates 
 for judicial, school, county, township or municipal offices voted for wholly within one 
 county as may be entitled to nomination under the provisions of this section. It shall 
 be the duty of the secretary of state to issue official certificates of nomination to candi- 
 dates nominated under the provisions of this act for representatives in congress, mem- 
 bers of the state senate and assembly, members of the state board of equalization, and 
 officers voted for in more than one county ; and to issue a certificate of election to each 
 delegate elected to the state convention from a hold-over senatorial district ; and to 
 issue certificates of election to all persons elected at the May presidential primary 
 election as delegates to their respective national party conventions. 
 
 List of persons entitled to receive votes. 
 
 Not less than thirty days before the November election the secretary of state shall 
 certify to the county clerks or registrars of voters of each county and city and county 
 within the state, the name of every person entitled to receive votes within such county 
 or city and county at said November election who has received the nomination as a 
 candidate for public office under and pursuant to the provisions of this act, and whose 
 nomination is evidenced by the compilation and statement required to be made by said 
 secretary' of state and filed in his office, as provided in section twenty-two of this act. 
 Such certificates shall in addition to the names of such nominees respectively, also show 
 separately and respectively for each nominee the name of the political party or organ- 
 ization which has nominated such person if any and the designation of the public office 
 for which ho is so nominated. [Amendment of May 29, 1917. In effect July 28, 1917. 
 Stats. 1017, p. 1356.]
 
 Act 1337, §24 GKNKRtiL L,A\VS. 600 
 
 Party conventions. 
 
 § 24. 1. Party conventions of delegates chosen as hereinafter provided may be held 
 in this state, for the purpose of promulgating platforms and transacting such other 
 business of the party as is not inconsistent with the provisions of the act. 
 
 State conventions. Platforms. State central committee. Presidential electors. 
 
 2. The candidates of each political party for congressional oflSces and for state oflSces, 
 if any, except judicial and school offices, and such candidates for senate and assembly 
 as have been nominated by such political party at the primai^ election, and in whose 
 behalf nomination papers have been filed, together with the hold-over senators affiliated 
 with and nominated by such political party at the election at which said hold-over 
 senators were elected and one delegate chosen by such political party from each sena- 
 torial district not represented by a hold-over senator affiliated with and nominated by 
 such political party at the election at which the hold-over senator was elected, shall 
 meet in a state convention at the state capitol at two o'clock in the afternoon of the 
 third Tuesday in September after the date on which any primary election is held pre- 
 liminary to the general November election. They shall forthwith formulate the state 
 platforms of their party, which said state platform of each political party shall be 
 framed at such time that it shall be made public not later than six o 'clock in the after- 
 noon of the following day. They shall also proceed to elect a state central committee 
 to consist of at least three members from each congressional district, who shall hold 
 office until a new state central committee shall have been selected. In each year of the 
 general November election at which electors of president and vice president of the 
 United States a?e to be chosen, they shall also nominate as the candidates of their party 
 as many electors of president and vice president of the United States as the state is then 
 entitled to, and it shall be the duty of the secretary of state to issue certificates of 
 nomination to the electors so nominated, and to cause the names of such candidates for 
 elector to be, placed upon the ballots at the ensuing November election. 
 
 Membership qualifications. Certificate stating afliliation. 
 
 Membership in the state convention shall not be granted to a party nominee for a 
 congressional office, state office, or office of senator or assemblyman who has become 
 such by reason of his name having been written on a ballot, and who has not had his 
 name printed on the primary ballot by having had a nomination paper filed in his behalf, 
 as provided in section five of this act; nor shall membership in such convention be 
 granted to the nominee of any party if such nominee has not stated his affiliation 
 with such party in his affidavit of registration used at such primary election; and, in 
 every such case, a vacancy in the membership of such convention shall be deemed to 
 exist; and any such vacancy thei'cby existing, or existing because no nomination for 
 such office has been made, or for any other cause, shall be filled as hereinafter pro- 
 vided. Each candidate who has received the nomination of more than one party for a 
 congressional, state, or legislative office shall procure from the county clerk of the 
 county in which he resides, a certificate stating the party with which such candidate 
 was affiliated thirty-five days before the date of the primary election, as shown by the 
 affidavit of registration of such candidate in the office of such county clerk; and this 
 certificate shall be the credentials of such candidate to membership in the convention of 
 his party. 
 
 In district represented by hold-over senator. 
 
 In any senatorial district represented by a hold-over senator there shall be chosen at 
 such primary election by the electors of each political party, other than the party which 
 the hold-over senator was affiliated with and nominated by, one delegate to the state 
 convention, who shall have nomination papers circulated in his behalf, shall have his
 
 «61 ELECTIONS. Act 1337, § 24 
 
 name placed upon the ballot, and shall be chosen in the same manner as a state senator 
 is nominated from any senatorial district; but no such delegate shall be disqualified by 
 reason of holding any office, nor shall any filing fee be required in order to have hia 
 name placed upon the ballot. The term "hold-over senator" as herein used shall apply 
 to a state senator whose term of office extends beyond the first Monday in January of 
 the year next ensuing after the primary election, and the term "hold-over senatorial 
 district ' ' shall apply to the district represented by such hold-over senator. 
 
 Filling vacancies. 
 
 In the event that there shall not have been filed any nomination paper for a candidate 
 for any congressional or state office or office of senator or assemblyman or delegate from 
 a hold-over senatorial district by the electors of any political party, or in the event that 
 the nominee of any party for such office has not declared his affiliation with such party, 
 as herein provided, or in the event of the death of the candidate prior to the conven- 
 tion, the vacancy thus created in the state convention of such party shall be filled as 
 follows : 
 
 (a) If the vacancy occurs in a senatorial or assembly district situated wholly within 
 the limits of a single county or city and county, by appointment by the newly elected 
 county central committee of such party in such county or city and county. 
 
 (b) If the vacancy occurs in a senatorial or assembly district comprising two or 
 more counties, by appointment by the newly selected chairman of the several newly 
 elected county central committees of such party in such counties. 
 
 (c) If the vacancy occurs in a congressional or state office, by appointment by the 
 state central committee of such party. 
 
 Such delegate so appointed shall present to the convention credentials signed by the 
 chairman and the secretary of the appointing committee, or by the appointing chairman 
 of the several committees, as the case may be. 
 
 Executive committee. 
 
 3. Each state central committee may select an executive committee, to which execu- 
 tive committee it may grant all or any portion of its powers and duties. It shall choose 
 its officers by ballot and each committee and its officers shall have the power usually 
 exercised by such committees and the officers thereof in so far as may be consistent 
 with this act. The various officers and committees now in existence shall exercise the 
 powers and perform the duties herein prescribed until their successors are chosen in 
 accordance with the provisions of this act. 
 
 District congressional committee. 
 
 4. The executive committee of the state central committee of each political party 
 shall, in conjunction with each nominee for congress affiliated with such party, select a 
 congressional committee for the district in which such nominee is a candidate. Such 
 committee shall consist of not less than fifteen nor more than thirty-five members, and 
 shall have charge and conduct of the campaign of such nominee, subject to the super- 
 vision of the state central committee of such party. 
 
 County central committee. 
 
 5. At each August primary election there shall be elected in each county or city and 
 county a county central committee for each political party, which shall have charge 
 of the party campaign under general direction of the state central committee or of the 
 executive committee selected by such state central committee. In any city and county 
 containing more than ten assembly districts the county central committee of such party 
 shall be elected by each asscmbh' district and shall consist of five members from each 
 assembly district in such city and county. In all counties containing five or more 
 assembly districts the county central committee of such party shall be elected by
 
 Act 1337, § 25 GENERAL LAWS. MS 
 
 assembly districts and shall consist of one member for each seven hundred votes or 
 fraction thereof in each such assembly district cast for such party's candidate for 
 governor at the last general election at which a governor was elected. In all counties 
 containing less than five assembly districts the county central committee shall be elected 
 by supervisor districts, and the number to be elected from any supervisor district shall 
 be determined as follows: The number of votes cast in such supervisor district for 
 such party's candidate for governor at the last general election at which such governor 
 was elected shall be divided by one-twentieth of the number of votes east for such 
 governor in such county; and the integer next larger than the quotient obtained by 
 such division shall constitute the number of members of the county central committee 
 to be elected by such party in said supervisor district. The county clerk or registrar 
 of voters in each county or city and county shall, between the first Monday and the 
 second Monday of June next preceding the primary election, compute the number of 
 members of the county central committee alloted to each assembly district or supervisor 
 district, as the case may be, by the provisions of this subdivision. Each candidate for 
 member of a county central committee shall appear upon the ballot upon the filing of a 
 nomination paper according to the provisions of section five of this act, signed in his 
 behalf by the electors of the political subdivision in which he is a candidate, as above 
 provided; and the number of candidates to which each party is entitled, as hereinbefore 
 provided, in each political subdivision, receiving the highest number of votes shall be 
 declared elected; but no candidate for county committeeman shall be declared elected 
 unless he shall have received votes equal in number to the minimum of signatures to 
 the nomination paper Avhich would have been required to place his name on the primary 
 ballot as a candidate for member of the county committee. Each county central com- 
 mittee shall meet in the courthouse at its county seat on the second Tuesday in Sep- 
 tember following the August primary election, and shall organize by selecting a 
 chairman, a secretary and such other ofiicers and committees as it shall deem necessary 
 for carrying on the campaign of the party. 
 
 Persons ineligible. Filling vacancies. 
 
 6. No person shall be eligible for appointment or election to the state, county or 
 district committee of any party who is not registered as affiliated with such party at 
 the time of such appointment or election. In the event of the appointment or election 
 to any party committee of an ineligible person, or whenever any member of any such 
 committee dies, resigns or becomes incapacitated to act, or removes from the jurisdic- 
 tion of the committee, or ceases to be a member of such committee's party, a vacancy 
 shall exist, which shall be filled by appointment by the chairman of the committee in 
 which such ineligibility or vacancy occurs. [Amendment of April 8, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 49.] 
 
 This section was also amended May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1358. 
 
 Withdrawing as candidate. Filling vacancies. 
 
 ^ 25. No candidate whose nomination papers have been filed for any primary election 
 can withdraw as a candidate at such primary election. No candidate nominated at any 
 primary election can withdraw as a candidate at the ensuing general election except such 
 as are permitted to withdraw by this section. In case as a result of any primary elec- 
 tion a person has received a nomination to any office without first having nomination 
 papers filed, and having his name printed on the primary election ballot, he may at least 
 thirty-one days before the day of election cause his name to be withdrawn from nomi- 
 nation by filing in the office where he would have filed his nomination papers had he been 
 a candidate for nomination, his request therefor in writing, signed by him and acknowl- 
 edged before the county clerk of the county in which he resides; and no name so with- 
 drawn shall be printed on the election ballot for the ensuing general election. The
 
 863 EI.ECTIOXS. Act 1337, § 25 
 
 vacancy created by tLe withdrawal of such person as aforesaid, or on account of the 
 ineligibility of such person to qualify as a candidate because of the inhibitions of sub- 
 division nine of section five of this act, or by reason of the failure of a party to nomi- 
 nate any candidate for the office at the primary election, or for any other cause shall 
 not be filled except in the following cases : 
 
 1. By reason of the death of a candidate occurring at least twenty-five days before 
 the date of the next ensuing November election. 
 
 2. By reason of the disqualification of a candidate occurring on account of the failure 
 of such candidate to secure the nomination in his own party as required by section 
 twenty-three of this act. 
 
 Power of committees. 
 
 Vacancies occurring by reason of such death of any candidate, or because of such 
 disqualification imposed by section twenty-three of this act, may in the case of legisla- 
 tive offices, be filled by the newly elected county central committee or committees of the 
 party in which such vacancy occurs in the county or counties comprising the legislative 
 district of such deceased or disqualified candidate; and in the case of all other district 
 or state offices requiring party nomination, by the newly selected state central com- 
 mittee of such party. 
 
 If such vacancy occurs among candidates chosen at the primary election to go on 
 the ballot for the succeeding general election for a judicial, school, county, township, 
 or municipal office according to the provisions of section twenty-three of this act, in 
 which case that candidate receiving at said primary election the highest vote among 
 all the candidates for said office who have failed to receive a sufficient number of votes 
 to get upon said ballot according to the provisions of said section twenty-three, shall 
 go upon said ballot to fill said vacancy; provided, however, that if the vacancy occurs 
 in a case where, by reason of having received a majority vote at the primary election, 
 only one person is entitled to have his name printed upon the ballot at the ensuing 
 November election, the names of the two candidates receiving the next highest vote at 
 the primary election, if there were such number, shall be placed upon the ballot for the 
 November election; and provided, further, that a vacancy authorized to be filled by 
 the provisions of this section shall be filled and certified to the officer charged with the 
 duty of printing the ballots twenty-five days before the day of election. 
 
 Name printed on ballot. 
 
 Whenever a nomination paper containing a sufficient number of signatures has been 
 filed for any person as a candidate to be voted for at a primary election, the name of 
 such person must be printed upon the ballot or ballots of such primary election as 
 hereinbefore provided in section twelve of this act, unless such person has died and 
 such fact has been ascertained, by the officer charged with the duty of printing the 
 ballot, at least twenty-five days before the day of election. 
 
 Whenever a candidate has been nominated at any primary election after having 
 nomination papers filed, the name of such candidate must be printed upon the ballot 
 at the ensuing general election unless such candidate has died and such fact has been 
 ascertained, by the officer charged with the duty of printing the ballots, at least twenty- 
 five days before the day of election. 
 
 Whenever, upon the death or disqualification of any candidate, the vacancy thereby 
 created is filled by a party committee, a certificate to that effect shall be filed with the 
 officer with whom a nomination paper for such office may be filed, and shall be accepted 
 and acted upon by him as in the case of such nomination paper. [Amendment of 
 April 8, 1919. In effect July 22, 1919. Stats. 1019, p. 53.] 
 
 This section was also amended May 29, 1917. In tffcct July 28, 1917. Stats. 1917, p. 1S61.
 
 Act 1337, g§ 20-28 GENKRAL LAWS. 6*1 
 
 Tie vote. 
 
 $ 26. In case of a tie vote, if for an office to be voted for wholly within one county 
 or city and county, the county, city and county or city board, as the case may be, shall 
 forthwith summon the candidates who have received such tie votes to appear before 
 such board, at a time and place to be designated by said board, and such board shall at 
 said time and place determine the tie by lot. In the ease of a tie vote for an office to 
 be voted on in more than one county, the secretary of state shall forthwith summon the 
 candidates who have received such tie votes to appear before him at his office at the 
 state capitol at a time to be designated by him and said secretary of state shall at said 
 time and place determine the tie by lot. Such summons must in every case be mailed 
 to the address of the candidate as it appears upon his affidavit of registration, at least 
 five days before the date fixed for the determination of such tie vote. [Amendment 
 of April 8, 1919. In effect July 22, 1919. Stats. 1919, p. 55.] 
 
 Correction of errors or omission. 
 
 ^ 27. Whenever it shall be made to appear by affidavit to the supreme court or 
 district courts of appeal or superior court of the proper county that an error or omis- 
 sion has occurred or is about to occur in the placing of any name on an official primary 
 election ballot, that any error has been or is about to be committed in printing such 
 ballot, or that any wrongful act has been or is about to be done by any judge or clerk 
 of a primary election, county clerk, registrar of voters in any city and county, canvass- 
 ing board or any member thereof, or other person charged with any duty concerning the 
 primary election, or that any neglect of duty has occurred or is about to occur, such 
 court shall order the officer or person charged with such error, wrong or neglect to 
 forthwith correct the error, desist from the wrongful act or perform the duty, or forth- 
 with show cause why he should not do so. Any person who shall fail to obey the order 
 of such court shall be cited forthwith to show cause why he shall not be adjudged in 
 contempt of court. 
 
 Contest of nomination. Copy of affidavit mailed to contestee. Precincts considered in 
 recount. Time and place for hearing. No demurrer. 
 
 $ 28. Any candidate at a primary election, desiring to contest a nomination of 
 another candidate for the same office, may, within five days after the completion of 
 the official canvass, file an affidavit in the office of the clerk of the superior court of 
 the county in which he desires to contest the vote returned from any precinct or 
 precincts in such county, and thereupon have a recount of the ballots cast in any such 
 precinct or precincts, in accordance with the provisions of this section. Such affi- 
 davit must specify separately each precinct in which a recount is demanded, and the 
 nature of the mistake, error, misconduct, or other cause why it is claimed that the 
 returns from such precinct do not correctly state the vote as cast in such precinct, for 
 the contestant and the contestee. The contestee must be made a party respondent, and 
 so named in the affidavit. No personal service or other service than as herein provided 
 need be made upon the contestee. Upon the filing of such affidavit the county clerk 
 shall forthwith post in a conspicuous place in his office a copy of the affidavit. Upon 
 the filing of such affidavit and the posting of the same, the superior coiart of the county 
 shall have jurisdiction of the subject matter and of the parties to such contest, and 
 all candidates at any such primary election are permitted to be candidates under this 
 act, only upon the condition that such jurisdiction for the purposes of the proceeding 
 authorized by this section shall exist in the manner and under the conditions provided 
 for by this section. The contestant on the date of filing such affidavit, must send by 
 registered mail a copy thereof to the contestee in a sealed envelope, with postage pre- 
 paid, addressed to the contestee at the place of residence named in the affidavit of
 
 GC5 ELECTIONS. Act 1337, § 28 
 
 registration of such contestee, and shall make an affidavit of such mailing and file the 
 same with the county clerk to become a part of the records of the contest. At any 
 time within three days after the filing of the affidavit of the contestant to the effect 
 that he has sent by registered mail a copy of the affidavit to the contestee, such con- 
 testee may file with the county clerk an affidavit in his own behalf, setting up his 
 desire to have the votes counted in any precincts, designating them, in addition to the 
 precincts designated in the affidavit of the contestant, and setting up his grounds 
 therefor. On the trial of the contest all of the precincts named in the affidavits of 
 the contestant and the contestee shall be considered, and a recount had with reference 
 to all of said precincts; and the contestant shall have the same right to answer the 
 affidavit of the contestee as is given to the contestee herein with reference to 
 the affidavit of the contestant except that such answer must be filed not later than 
 the first day of the trial of said contest. On the eighth day after the completion of the 
 official canvass the county clerk shall present the affidavits of the contestant and the 
 contestee and proof of posting, as aforesaid, to the judge of the superior court of the 
 county, or any judge acting in his place, or the presiding judge of the superior court 
 of a county or city and county, or anyone acting in his stead, which judge shall, upon 
 such presentation, forthwith designate the time and place where such contest shall 
 proceed, and in counties or cities and counties where there are more than one superior 
 judge, assign all the cases to one department by the order of such court. Such order 
 must so assign such case or cases, and fix such time and place for hearing, which time 
 must not be less than one nor more than three days from the presentation of the 
 matter to the court by the county clerk as herein provided. It shall be the duty of the 
 contestee to appear either in person or by attorney, at the time and place so fixed, 
 and to take notice of the order fixing such time and place from the records of the 
 court, without service. No special appearance of the contestee for any purpose except 
 as herein provided shall be permitted, and any appearance whatever of the contestee 
 or any request of the court by the contestee or his attorney, shall be entered as a 
 general appearance in the contest. No demurrer or objection can be taken by the 
 parties in any other manner than by answer, and all the objections must be contained 
 in the answer. The court if the contestee shall appear, must require the answer to be 
 made within three days from the time and place as above provided, and if the contestee 
 shall not appear shall note his default, and shall proceed to hear and determine the 
 contest with all convenient speed. If the number of votes which are sought to be 
 recounted, or the number of contests are such that the judge shall be of opinion that 
 it will require additional judges to enable the contest or contests to be determined in 
 time to print the ballots for the election, if there be only one judge for such county, 
 he may obtain the service of any other superior judge, and the proceedings shall be the 
 same as herein provided in counties whore there is more than one superior court judge. 
 If the proceeding is in a county or city and county where there is more than one 
 superior court judge, the judge to whom the case or cases shall be assigned, shall 
 notify the presiding judge forthwith, of the number of judges which he deems nec- 
 essary to participate, in order to finish the contest or contests in time to print the 
 ballots for the final election, and the said presiding judge shall forthwith designate 
 as many judges as are necessary to such completion of such contest, by order in 
 writing, and thereupon all of the judges so designated shall participate in the recount 
 of such ballots and the giving of judgment in such contest or contests in the manner 
 herein specified. The said judges so designated bj' said last mentioned order, including 
 the judge to whom said contests were oi-iginally assigned, shall convene upon notice 
 from the judge to whom such contest or contests were originallj' assigned, and agree 
 upon the precincts which each one of such judges will recount, sitting separately, and 
 thereupon such recount shall proceed before each such judge sitting separately, as to 
 the precincts so arranged, in such manner that the recount shall be made in such
 
 Act 1337, §§ 29, 30 CE^NICRAL LAWS. C0« 
 
 precincts before each such judge as to all the contests pending, so that the ballots 
 opened before one judge need not be opened before another judge or department, and 
 the proceedings before such judge in making such recount as to the appointment of the 
 clerk and persons necessary to be assistants of the court in making the same, shall be 
 the same as in contested elections, and the judge shall fix the pay or compensation 
 for such persons, and require the payment each day in advance of the amount thereof, 
 by the person who is proceeding with and requiring the recount of the precinct being 
 recounted. When the recount shall have been completed in the manner herein required, 
 if more than one judge has taken part therein, all the judges who took part shall 
 assemble and make the decision of court, and if there be any differences of opinion, a 
 majority of such judges shall finally determine all such questions, and give the decision 
 or judgment of the court in such contest or contests, separately. Such decision or 
 judgment of the court shall be final in every respect, and no appeal can be had there- 
 from. The judgment shall be served upon the county clerk or registrar of voters by 
 delivery of a certified copy thereof, and may be enforced summarily in the manner 
 provided in section twenty-seven of this act, and if the contest proceeds in more than 
 one county, and the nominee is to be certified by the secretary of state from the com- 
 pilation of election returns in his office, then the judgment in each county in which 
 a contest may be had shall show what, if any changes in the returns in the office 
 of the secretary of state relating to such county or city and county, ought to be made, 
 and all such judgments shall be served upon the secretary of state, by the delivery 
 of a certified copy, and he shall make such changes in the record in his office as such 
 judgment or judgments require, and conform his compilation and his certificate of 
 nomination in accordance therewith. If the office contested is one to be voted upon 
 in more than one county, the time within which such contest may be brought in any 
 county involved shall begin to run at the time of the declaration of the official canvass 
 b^' the board of supervisors of the county last making such declaration. [Amendment 
 of May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1363.] 
 
 Campaign expenses. 
 
 § 29. No candidate for nomination to any elective office, including that of United 
 States senator in congress, shall directly or indirectly pay, exj^end or contribute any 
 money or other valuable thing, or promise so to do, except for lawful expenses. Lawful 
 expenses as used in this section are limited to expenses for the following purposes only : 
 
 1. For the candidate's official filing fee. 
 
 2. For the preparing, printing, circulating, and verifying of nomination papers. 
 
 3. For the candidate's personal traveling expenses. 
 
 4. For rent and necessary furnishing of halls or rooms, during such candidacy, for 
 public meetings or for committee headquarters. 
 
 5. For payment of speakers and musicians at public meetings and their necessary 
 traveling expenses. 
 
 6. For printing and distribution of pamphlets, circulars, newspapers, cards, handbills, 
 posters and announcements relative to candidates or political issues or principles. 
 
 7. For his share of the reasonable compensation of challengers at the polls. 
 
 8. For making canvassers of voters. 
 
 9. For clerk hire. 
 
 10. For conveying infirm or disabled voters to and from the polls. 
 
 11. For postage, expressage, telegraphing, and telephoning, relative to candidacy. 
 
 Verified statement of campaign expenses. 
 
 § 30. Every person who shall be a candidate for nomination to any elective office 
 shall make in duplicate, within fifteen days after the primary election, a verified 
 statement, setting forth each and every sum of money contributed, disbursed, expended
 
 I 
 
 667 ELECTIONS. Act 1337, §§ 31,32 
 
 or promised by him, and, to the best of his knowledge and belief, by any and every 
 other person or association of persons in his behalf wholly or partly in endeavoring 
 to secure his nomination. This statement must show in detail all moneys paid, loaned, 
 contributed, or otherwise furnished to him directly or indirectly in aid of his nomina- 
 tion, together with the name of the person or persons from whom such moneys were 
 received; and must also show in detail, under each of the subdivisions of section 
 twenty-nine of this act, all moneys contributed, loaned, or expended by him directly or 
 indirectly by himself or through any other person, in aid of his nomination, together 
 with the name of the person or persons to whom such moneys were paid, or disbursed. 
 Such statement must set forth that the affiant has used all reasonable diligence in its 
 preparation, and that the same is true and is as full and explicit as he is able to make 
 it. Within the time aforesaid the candidate shall file one copy of said statement with 
 the officer with whom his nomination papers were filed, and the other with the recorder 
 of the county or city and county in which he resides, who shall record the same in a 
 book to be kept for that purpose, and to be open to public inspection. No officer shall 
 issue any certificate of nomination to any person until such statement as herein provided 
 has been filed and no other statement of expenses shall be required except that provided 
 herein, and no fee or chai-ge whatsoever shall be made or collected by any officer for 
 the verifying, filing, or recording of such statements or a copy thereof. [Amendment 
 of May 29, 1917. In effect July 28, 1917. Stats:"1917, p. 1365.] 
 
 Penalty. 
 
 $ 31. Any person violating any of the provisions of section 29 or section 30 of this 
 act shall be guilty of a misdemeanor, and upon trial and conviction thereof, in addition 
 to the sentence imposed by the court, he shall forfeit all right to the ofl&ce for which he 
 was a candidate at the time of violating the provisions aforesaid. 
 
 Bribes. Penalty. 
 
 § 32. 1. Any person who shall offer, or with knowledge of the same permit any per- 
 son to offer for his benefit, any bribe to a voter to induce such voter to sign any nomi- 
 nation paper, and any person who shall accept such bribe or any promise of gain of any 
 kind in the nature of a bribe as consideration for signing any nomination paper, whether 
 such bribe or promise of gain in the nature of a bribe be offered or accepted before or 
 after signing, shall be guilty of a misdemeanor and upon trial and conviction thereof 
 shall be punished by a fine of not less than twenty-five dollars nor more than three- 
 hundred dollars, or by imprisonment in the county jail for not less than ten days nor 
 more than one hundred and twenty days, or by both such fine and imprisonment. 
 
 Failure to file nomination papers. 
 
 2. Any person who, being in possession of any nomination paper or papers and affi 
 davits entitled to be filed under the provisions of this act, shall wrongfully either 
 suppress, neglect or fail to cause the same to be filed at the proper time and in the 
 proper place shall be guilty of a misdemeanor, and upon trial and con\nction thereof 
 shall be punished by a fine of not less than one hundred dollars nor more than five 
 hundred dollars, or by imprisonment in the county jail for not less than thirty days 
 nor more than six months, or by both such fine and imprisonment. 
 
 Other offenses. 
 
 3. Any act or omission declared to be an offense by the general laws of this state 
 concerning primaries and elections shall also in like case be an offense concerning pri- 
 mary elections as provided for by this act, and shall be punished in the same manner 
 and form as therein provided, and all the penalties and provisions of the law governing 
 elections, except as herein otherwise provided, shall apply in equal force to i)rimary 
 elections as provided for by this act.
 
 Aft i:{37, Sg 33-36 
 
 GBNKRAI. LAWS. 
 
 60» 
 
 Preparation of forms. 
 
 $ 33. It shall be the duty of the secretary of state and the attorney general to 
 prepare on or before September 1, 1917, all forms necessary to carry out the pro- 
 visions of this act, which forms shall be substantially followed in all primary elections 
 held in pursuance hereof. [Amendment of May 29, 1917. In effect July 28, 1917. 
 Stats. 1917, p. 1366.] 
 
 Title of act. 
 
 ^ 34. This act shall be known as the direct primary law. 
 
 Constitutionality of act. 
 
 § 35. If any section, subdivision, sentence, clause, or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portion of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subdivision, sentence, clause, and phrase thereof, irre- 
 spective of the fact that any one or more other sections, subdivisions, sentences, 
 clauses, or phrases be declared unconstitutional. 
 
 Repealed. 
 
 $ 36. The act approved April 7, 1911, known as the direct primary law, and also 
 the act approved December 24, 1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 23, 
 and 24 of the said direct primary law, are hereby repealed; and all other acts or parts 
 of acts inconsistent with or in conflict with the provisions of this act, are also hereby 
 repealed. 
 
 The code coministsloncrs say of the act of 
 
 189b: "Unconstitutional. (Marsh v. Hanly, 
 111 Cal. 368, [43 Pac. 975]; Gett v. Super- 
 visors, 111 Cal. 366, [43 Pac. 1122]. Super- 
 seded by Political Code, §§ 1357-1375, added 
 1901. p. 606." 
 
 1. Con.stitutionality. — A compulsory pri- 
 mary law, such as is embodied in the addi- 
 tions to the Political Code made by the act 
 of March 3, 1899 (§§ 1366. et seq.), forms a 
 part of the general election laws of the 
 state, and that act is void as an invasion of 
 the bill of rights (Article I of the Constitu- 
 
 •tion), and of the fundamental reserved 
 rights of citizens of a free government. 
 — Britton v. Board of Election Commission- 
 ers, 129 Cal. 337, 51 L. R. A. 115. 61 Pac. 1115. 
 
 2. Same — Special legislation. — The act of 
 1897 is held to be special legislation and 
 void, even if the primary elections therein 
 provided for were not elections "authorized 
 by law" within the meaning of section 1, 
 Article II of the Constitution. — Spier v. 
 Baker, 120 Cal. 370, 41 L. R. A. 196, 52 Pac. 
 659. 
 
 3. Same — RIelit of Suffrase. — Section 11. 
 Article XX, of the constitution gives the 
 legislature power to pass laws properly and 
 reasonable regulating the exercise of the 
 right of suffrage, but not to determine who 
 are entitled to the right itself, a subject 
 v.-hich section 1, Article II, Itself deter- 
 mines. — Spier v. Baker, 120 Cal. 370, 41 
 L. R. A. 196, 52 Pac. 659. 
 
 4. Same. — The primary election provided 
 for by the act of 1S07 is an election "au- 
 thorized by law," within the meaning of 
 section 1. Article II of the con.stitution, and 
 in so far as It attempts to prescribe the 
 
 qualifications of those entitled to vote at 
 such election is unconstitutional as ob- 
 noxious to the provisions of that section. — 
 Spier V. Baker, 120 Cal. 370, 41 L>. R. A. 196, 
 52 Pac. 659. 
 
 5. Same — Title — Not E:e>*mane to subject 
 of act. — Certain provisions of the act of 
 1897 held not to be germane to the subject 
 expressed in the title, and therefore ob- 
 noxious to the requirements of section 24, 
 Article IV of the constitution. — Spier v. 
 Baker, 120 Cal. 370, 41 L. R. A. 196, 52 Pac. 
 659. 
 
 6. Same. — The insertion of the words 
 "for other purposes" in the title of the act 
 of 1897 does not validate the act as to those 
 provisions not germane to the subject ex- 
 pressed in the title. — Spier v. Baker, 120 
 Cal. 370, 41 L. R. A. 196, 52 Pac. 659. 
 
 7. Same — Test oath. — The provision of 
 the act of 1909 requiring an oath amounting 
 to a party test is reasonable and valid, not 
 in contravention of section 3, Article XX, of 
 the constitution, declaring that no other 
 oath, declaration or test shall be required 
 as a qualification for any office or public 
 trust, than the one there provided. — Social- 
 ist Party v. Uhl, 155 Cal. 776. 103 Pac. 181. 
 
 8. Same — Fees of candidate. — The provi- 
 sions of the act of 1909 for the payment of 
 fees by candidates to filing officers are not 
 provisions for property qualifications pro- 
 hibited by section 24, Article I of the con- 
 stitution, and even if they were they would 
 not invalidate the act. — Socialist Party v. 
 Uhl, 155 Cal. 776, 103 Pac. 181. 
 
 9. Same — Special and local legislation. — 
 The fact that the act of 1909 does not apply 
 to municipal officers of municipalities whose 
 charters provided a system of their own.
 
 SC9 
 
 ELECTIONS. 
 
 Act 1337 
 
 does not render special or local. — Socialist 
 Party v. Uhl. 155 Cal. 776. 103 Pac. 181. 
 
 10. Same — Reasonable tests for "eleot- 
 ors," "political parties" and "organi/.ation.s 
 of electors." — The legislature was empow- 
 ered under section 2%, Article II of the 
 constitution, to fix reasonable tests for 
 "electors," "political parties," and "organi- 
 zations of electors," and the provisions of 
 the act of 1909, are reasonable, and there- 
 fore valid. — Socialist Party v. Uhl, 155 Cal. 
 776, 103 Pac. 181. 
 
 10a. Same. — The test provided by the act 
 of 1909 under which "electors" and "organi- 
 zations of electors" may acquire the status 
 of a political party and go into future pri- 
 maries as a political party is reasonable, 
 not arbitrary, and valid. — Socialist Party v. 
 Uhl, 155 Cal. 776, 103 Pac. 181. 
 
 11. — Same — Choice for United States Sen- 
 ator. — The act of 1909 is not invalid be- 
 cause of the provision for expressing a 
 clioice for United States senator. — Socialist 
 Party v. Uhl, 155 Cal. 776, 103 Pac. 181. 
 
 13. Same — Same — Germane to subject of 
 act. — The subject of an advisory vote for 
 United States Senators is germane to the 
 subject of primary elections. — Socialist 
 Party v. Uhl, 155 Cal. 776, 103 Pac. 181. 
 
 13. Same — Supersedes prior act. — The act 
 of 1909 held valid, and to operate to super- 
 sede the act of 1905 as amended in 1907. — 
 Socialist Party v. Uhl, 155 Cal. 776, 103 Pac. 
 181. 
 
 14. Same — Void in part. — The court can 
 not hold section 26 void, and declare the 
 act otherwise valid, for to do so would be 
 imposing upon the whole state a law which, 
 it is clear, the legislature intended to apply 
 in only two counties, and which would not 
 have passed otherwise, and that would be 
 nothing short of judicial legislation. — 
 Marsh v. Supervisors, 111 Cal. 366, 372, 43 
 Fac. 1122. 
 
 1.'). Same-^Unauthorized classification of 
 counties — Local and special legi.slation. — 
 The act of 1895 is unconstitutional, as. not 
 being a regulation of the compensation of 
 county officials, for which purpose alone 
 counties may be classified, local and special, 
 since it applies only to counties of the first 
 ; nd second classes. — Marsh v. Supervisors, 
 111 Cal. 366, 43 Pac. 1122. 
 
 16. Same— Question can not be raised by 
 uninterested party. — The question of the 
 constitutionality of the primary law of 1895 
 can not be decided in an application for a 
 writ of mandate by a taxpayer of Sacra- 
 mento county, a person not interested in the 
 operation of said law, by reason of the fact 
 that it is made applicable only to San Fran- 
 cisco and Los Angeles counties. — Gett v. 
 Board of Supervisors, 111 Cal. 366, 43 Pac. 
 1122. 
 
 17.— Same — Declaration of party aflllia- 
 tlon. — Under the provisions of section 2%, 
 Article II of the constitution the legislature 
 was authorized .o prescribe the test and 
 condition for affiliation in the primary elec- 
 tion, of the declaration of party affiliation 
 prescribed by the act of 1913. — Don v. Pfis- 
 ter, 172 Cal. 25, 155 Pac. 60. 
 
 18. Construction — Object of act of 1909. — 
 
 The whole object of the primary law of 1909 
 was to confine the control of a party to the 
 electors of that party, and to prevent the 
 electors of another party from interfering 
 with such control. — Fickert v. Zemansky, 
 157 Cal. 398, 108 Pac. 269. 
 
 1». Same — Proviso of act of 1909. — ^The 
 proviso of the act of 1909 allowing the 
 voters on tlie registration list of the pre- 
 vious year to vote, where the new registra- 
 tion list had not been completed, was in- 
 tended to apply to municipal elections early 
 in the year. — Grieb v. Zemansky, 157 Cal. 
 316, 107 Pac. 605. 
 
 20. Same — Act of 1897. — Municipal elec- 
 tions. — The act of 1897 did not apply to the 
 municipal elections of that year, since the 
 machinery for such elections was not set in 
 motion under the act until January, 1898. — 
 McKinnon v. Leonard, 118 Cal. 302, 50 Pac. 
 536. 
 
 21. Same— Act of 1913 superseded act of 
 1909. — Primary election law of 1909 (691) 
 superseded by act of 1913 (1379); and, as to 
 San Francisco, by cliarter amendments of 
 February 23, 1911 (1661). — Sullivan v. Gil- 
 dea, 166 Cal. 198. 200, 135 Pac. 952. 
 
 21a. Same — Not a general election. — The 
 fact that the act of 1911 fixed regular times 
 for holding January elections does not make 
 the elections held at such times and such 
 said law general elections. — Bigelow v. Su- 
 pervisors, 18 Cal. App. 715, 124 Pac. 554. 
 
 21b. Same. — The primary election of 
 May 14, 1912, pursuant to the act of 1911, 
 was not a general election within the 
 meaning of the "local option" law of that 
 year. — Bigelow v. Supervisors, 18 Cal. App. 
 715, 124 Pac. 554. 
 
 23. Same — Registration — Statement of 
 party affiliation. — An elector is entitled to 
 state in his affidavit of registration the 
 name of the political party with which he 
 intends to affiliate at the ensuing primary 
 election, notwithstanding the amendment of 
 section 1096. Political Code (1915, p. 289), 
 striking from said section the provision that 
 an elector may state this, in view of the 
 present state of the law and without regard 
 to acts adopted at the 1916 extra session of 
 the legislature, said acts not having become 
 effective because subjected to referendum. — 
 Don V. Pfister, 172 Cal. 25. 26, 155 Pac. 60. 
 
 23. Same — Same — Effect of incorporation 
 of requirement of 1096, Political Code. — 
 The legal effect of the incorporation of the 
 partisan registration requirement of section 
 1096, Political Code in the primary act of 
 1913, by reference, was the same as though 
 tliat portion of the section, at least, had 
 been inserted in the act in extenso, and the 
 act could be subsequently affected by 
 amending the section. — Don v. Pfister, 172 
 Cal. 25, 28, 155 Pac. 60. 
 
 24. Same — Same — It was the intention of 
 the legislature to make section 1096, Po- 
 litical Code, as It then stood, a part of the 
 primary act of 1913 (1379), by reference, In 
 so far at least as partisan registration, pro- 
 vided for in that section, and so vital to
 
 Act 1337 
 
 GENERAL LAWS. 
 
 67U 
 
 the maintenance of the act, was concerned, 
 so long- as partisan registration was re- 
 quired by the primary law. — Don v. Pfister, 
 172 Cal. 25, 27, 155 Pac. 60. 
 
 25. Same — Same — Effect of amending 
 8 10!)fi, Political Code. — Tlie amendment of 
 section 1096, Political Code, by the act of 
 1915, by striking out the provision therein 
 that the elector may state in his affidavit 
 of registration the name of the political 
 party with which he intends to affiliate at 
 the ensuing primary election, did not work 
 a change in the provisions of the act of 
 1913, which entitled him to make such a 
 statement. — Don v. Pfister, 172 Cal. 25, 155 
 Pac. 60. 
 
 2«. Same — Same The legislature could 
 
 not affect the act of 1913, as to statements 
 of party affiliation by merely amending sec- 
 tion 1096 of the Political Code, which had 
 been incorporated as a part of such act by 
 reference. — Don v. Pfister, 172 Cal. 25, 155 
 Pac. 60. 
 
 27. Same — Registration of 1910. — The 
 new registration of 1910 shall alone deter- 
 mine the right to vote at the August pri- 
 mary of that year, and incidentally the 
 right to sign nominating petitions. — Grieb 
 V. Zemansky, 157 Cal. 316. 107 Pac. 605. 
 
 28. Same — Refusal to allow non-regis- 
 tered elector to vote. — The refusal of the 
 election officers at a primary election to re- 
 ceive the votes of electors whose names are 
 not on the register, upon the presentation 
 of their affidavits that they registered ac- 
 cording to law, is not a proper ground of 
 contest, and the superior court is without 
 right or jurisdiction to receive such offered 
 evidence, and since the decision of the 
 court is final in every respect, and no ap- 
 peal can be taken therefrom, the admission 
 of such evidence is not an appealable error, 
 and prohibition will issue to restrain the 
 same. — Miller v. Superior Court, 25 Cal. App. 
 607, 612, 144 Pac. 978. 
 
 28a. CoHTCntion — Participation. — No 
 qualified member of a convention composed 
 as prescribed by the act of 1911 (extra ses- 
 sion, p. 83) lost his right to participate 
 there by any attitude he might assume as 
 to party platform or candidates, whatever 
 might be his motive with reference thereto. 
 — Sbarboro v. Jordan, 164 Cal. 51, 55. 
 
 28b. Same — Official character not 
 changed by withdrawals of one-third of 
 the meml»er.shiii. — A republican convention 
 assembled for the purpose of nominating 
 candidates of that party for electors of 
 president and vice president, composed of 
 members selected according to the act of 
 1911 (extra session, p. 83), does not lose 
 its regular official character by the with- 
 drawal of one-third its membership, and 
 the repudiation by the remaining members 
 of the national party platform and candi- 
 dates, and their indorsement of the candi- 
 dates and platform of another party. — 
 Sbarboro v. Jordan, 164 Cal. 51, 53. 
 
 28c. Same — IVominees for presidential 
 electors. — A convention composed as pro- 
 vided by the act of 1911 (extra session, p. 
 83), of the so-called hold-over republican 
 
 state .senators, and the republican nominees 
 for state senator and assemblyman through- 
 out the state, selected at the regular pri- 
 mary election of the year, is the regular 
 republican convention authorized by law 
 to nominate candidates of that party for 
 presidential electors, and its nominees have 
 the right to have their names printed on 
 the regular ballot as such nominees, not- 
 withstanding such convention had repudi- 
 ated the national republican party platform 
 and candidates, and had indorsed the party 
 platform and candidates of another party, 
 and such nominees for electors had declared 
 their intention to vote for the presidential 
 candidates of such other party. — Sbarboro v. 
 Jordan, 164 Cal. 51, 55. 
 
 29. Xomination of candidates. — Wide au- 
 thority is conferred by the constitution 
 (Act II, §2^4) upon the legislature in pro- 
 viding regulations for nominations at pri- 
 mary elections and fixing the eligibility of 
 candidates for such nomination. — Miller v. 
 Childs, 28 Cal. App. 478, 488, 152 Pac. 972. 
 
 30. Same — Party affiliation. — The selec- 
 tion of candidates for nomination by a party 
 is, under the primary election law of 1913. 
 committed to the members of that party, 
 and it is the privilege of such members to 
 select as their candidate a member of an- 
 other party, or of no party at all. — Hart v. 
 Jordan, 168 Cal. 321, 322, 143 Pac. 537. 
 
 31. Same — Offices included in election 
 notice. — Candidates may be nominated un- 
 der the direct primary law for such offices 
 only as may be properly included in the 
 notices provided for. — Fitzgerald v. Smith, 
 178 Cal 679, 680, 174 Pac. 660. 
 
 32. Same — Membership in political part>. 
 — The provisions of subdivision 4, of sec- 
 tion 5, of the primary election law of 1913. 
 expressly authorizing a member of one 
 political party, seeking its nomination for 
 office, to become a candidate at the same 
 election, for the same office, either by his 
 own initiation or the* action of five electors. 
 for the nomination of another political 
 party, are not violative of any constitutional 
 restrictions. — Hart v. Jordan, 168 Cal. 321, 
 322, 143 Pac. 537. 
 
 33. The legislature Is not bound, in the 
 exercise of its power under section 2V^, 
 Article II of the constitution, to make mem- 
 bership in a party a condition of a right to 
 seek its nomination. — Hart v. Jordan, 168 
 Cal. 321, 322, 143 Pac. 537; Williams v. Jor- 
 dan, 168 Cal. 793. 
 
 34. Under the primary election law of 
 1913, a person who filed nomination papers 
 as a candidate for a particular nomination 
 for a specified office, and was defeated for 
 such nomination at the primary election, 
 but elected as the nominee for such office 
 by another party, is not ineligible to run as 
 the nominee of such other party, and is en- 
 titled to have his name inserted as such 
 nominee on the ballot for the general elec- 
 tion. — Narver v. Jordan, 173 Cal. 424, 425. 
 160 Pac. 245. 
 
 34a. The provision of section 23. as 
 amended in 1917, "that no candidate for a 
 nomination for other than a judicial, school.
 
 671 
 
 ELECTIONS. 
 
 Act 1337 
 
 county, township or municipal ofRce who 
 fails to receive the highest number of votes 
 for the nomination of the political party 
 with which he was affiliated thirty-five days 
 before the date of the primary election, as 
 ascertained by the secretary of state from 
 the affidavit of such candidate," etc., is con- 
 stitutional, since it is a test which the leg- 
 islature is authorized under section 2%, 
 Article II of the constitution, to require. — 
 Heney v. Jordan, 56 Cal. Dec. 295. 
 
 35. Same — Name of defeated oandidate 
 written in. — The provisions of subdivision 8 
 of section 5 of the primary election law 
 with reference to nominations of candidates 
 under section 1188 of the Political Code, sim- 
 ply means that a candidate for a party 
 nomination w^ho has been defeated at the 
 primary for such nomination is ineligible 
 for nomination as an Independent candi- 
 date, after the primary, under that section, 
 and has no reference to a candidate nomi- 
 nated at the primary by having his name 
 written in, though defeated for the nomina- 
 tion as candidate for another party. — Narver 
 v. Jordan, 173 Cal. 424, 426, 160 Pac. 245. 
 
 36. Section 23 of the direct primary act 
 should be construed with reference to the 
 placing of candidates for judicial, school, 
 county and township offices on the official 
 ballot, so as to read: "In case there is but 
 one person to be elected at the November 
 election to a judicial office, school office, 
 county office or township office, any candi- 
 date who receives at the August primary 
 election a majority of the total number of 
 votes cast for all the candidates for such 
 office shall be the only candidate for such 
 office placed on the official ballot at the 
 ensuing election," and should not be con- 
 strued to prevent the electors from writing 
 the name of their own candidate for such 
 office. — Miller v. Childs, 28 Cal. App. 478, 
 489, 152 Pac. 972. 
 
 37. Same — The case of Socialist Party v. 
 I hi, 155 Cal. 776, 103 Pac. 181, is not author- 
 ity for the denial of the right of an elector 
 to vote at his party primary for any can- 
 didate he pleases, by writing in the name 
 of such candidate on his party ballot; nor 
 does that case declare that a candidate so 
 selected is not entitled to have his name 
 printed on the November ballot as the party 
 candidate, although may be registered with 
 another party and may actually be the can- 
 didate of another party for the same office. 
 — Fickert v. Zemansky, 157 Cal. 398, 108 
 Pac. 269. 
 
 .37a. Same — Inelleibility of snccessfnl 
 candidate. — There is no good reason why 
 the rule, that where the person receiving 
 the highest number of votes for an office is 
 ineligible, the person who receives the next 
 highest is not elected, in the absence of 
 statutory provisions to the contrary, does 
 not apply to primary elections. — Heney v. 
 Jordan, 56 Cal. Dec. 295. 
 
 38. Same — Act of 1000 construed and ap- 
 plied. — Subdivision 5d, section 5, of the pri- 
 mary election law of 1909, relative to the 
 number of signers required by a party oan- 
 didate for nomination, construed and ap- 
 
 plied. — Sullivan v. Gildea, 166 Cal. 198, 135 
 Pac. 952. 
 
 39. Same— Signers of nomination papers, 
 
 — Only those electors whose names appear 
 upon the register of 1910 can join in the 
 nomination paper of a candidate to be voted 
 for at the August primary. — Grieb v. Ze- 
 mansky, 157 Cal. 316, 107 Pac. 605. 
 
 40. Same — Duty of clerk to purge nomi- 
 nating papers. — The county clerk is not re- 
 quired to purge a nominating petition of the 
 names of signers who sign other petitions 
 contrary to the act, but only to compare the 
 signatures with the registration lists. — 
 McDonald v. Curry, 158 Cal. 160, 110 Pac. 480. 
 
 41. Same — Placing name of candidate on 
 I'.allot. — Prohibition will not issue to re- 
 strain either the secretary of state or the 
 county clerk from placing the name of a 
 person as a candidate on the primary ballot 
 whose filed petitions are signed by the re- 
 quisite per cent of voters under the act of 
 1909, even though a showing is made that 
 a sufficient number of such signers had pre- 
 viously signed the petition of another can- 
 didate for the same office to reduce the per- 
 centage of signers below the requisite per 
 cent. — McDonald v. Curry, 158 Cal. 160, 110 
 Pac. 480. 
 
 41a. Same — Filling vacancies by party 
 committee. — Under section 25, as amended 
 in 1917, the party committee is prohibited 
 from filling a vacancy on the party ticket 
 except in the single case of the death of the 
 candidate occuring after the primary elec- 
 tion. — Heney v. Jordan, 56 Cal. Dec. 295. 
 
 42. Same — Party affiliation — Reasonable 
 tests. — Under the act of 1909 a person can 
 have his name printed on the ballot as a 
 candidate of the party with which he affili- 
 ated at the last general election, and an 
 elector can vote only for candidates of the 
 party with wliich he has registered, and it 
 is held that both tests are reasonable and 
 valid. — Socialist Party v. Uhl, 155 Cal. 776, 
 103 Pac. 181. 
 
 43. Same — Wlthdrav^^al of candidate. — Un- 
 der the direct primary law of 1913 a candi- 
 date for office may withdraw his candidacy 
 after nomination and qualification as such, 
 and under section 27 of the act mandamus 
 will lie to compel the election officials to 
 omit his name from the ballots when pre- 
 pared. — Bordwell v. Williams. 173 Cal. 283, 
 285, Ann. Cas. 1918B, 358, L. R. A. 1917A, 996, 
 159 Pac. 869. 
 
 44. Same — Affidavit of candidate after 
 nomination. — The affidavit contemplated by 
 section 5, subd. 4 of the direct primary law 
 relates to the state of affairs after a nomi- 
 nation has been made, and has no applica- 
 tion to the right of a candidate to withdraw 
 prior to the primary election. — Bordwell v. 
 Williams, 173 Cal. 283, 285, Ann. Cas. 1918E, 
 358, L. R. A. 1917A, 996, 159 Pac. 869. 
 
 45. Certifloate of nomination — Mandate to 
 compel issue. — A writ of mandate will not 
 lie to compel the Issuance of a certificate of 
 nomination to a judicial office, by reason of 
 votes received at a primary election to a 
 person, who is not alleged to have received 
 a majority of all the votes cast at such prl-
 
 Act I33S. §§ 1, 2 GISNBRAL L,A\%'S. 672 
 
 mary, "ixxl tliat there were not four such lect or misconduct, any elector may insti- 
 
 "majorlty candidates" nominated at such tute appropriate proceedings to compel 
 
 primary. — People ex rel. Jones v. Zemansky, action. — Miller v. Superior Court, 25 Cal. 
 
 178 Cal. 803, 804, 175 Pac. 408. App. 607, 611, 144 Pac. 978. 
 
 46. A -write of niiin«1nte will not lie to 48. Contest — Original JuriKdlotion of 
 compel the issuance of a certificate of nomi- Hupreme court. — Tlie supreme court refused 
 nation as a candidate for superior judge, by to entertain an original proceeding to de- 
 reason of votes cast at a primary election termine a primary election contest, under 
 to a person whose name was not printed on section 27 of the act of 1909. — In re Snyder, 
 the primary ballot, and who did not receive 158 Cal. 218, 110 Pac. 820. 
 
 a sufficient number of votes by writing in to 49. Same — Affidavit of candidate. — The 
 
 equal the number required by subdivision 9 affidavit of the candidate referred to in 
 
 of section 5. — People, ex rel. Jones v. Ze- section 28 Is the basis of the contest in 
 
 mansky, 178 Cal. 803, 804, 175 Pac. 408. which the ballots may be recounted before 
 
 47. Duty of supervLsors — Tlie law con- the superior court. — Miller v. Superior 
 templates prompt action by the supervisors Court, 25 Cal. App. 607, 610, 144 Pac. 978. 
 In order that the names of the successful 50. Same — Time to file. — The five days 
 candidates may be placed on the ballot for time provided for filing contests does not 
 the November election, and a careful com- begin to run until the supervisors have 
 pliance with the law as to the times when canvassed the returns and declared the vote, 
 the several acts should be done is necessary, — Miller v. Superior Court, 25 Cal. App. 607, 
 and if not complied with by reason of neg- 610, 144 Pac. 978. 
 
 "PRESIDENTIAL PRIMARY ACT." 
 ACT 1338 — An act to provide for the indication by the registered qualified electors 
 of their choice for nomination by their respective political parties for president of 
 the United States through the election of the delegates of said political parties to 
 their respective national conventions, and to repeal an act approved December 24, 
 1911, known as the presidential primary act, and also to repeal all other acts or 
 parts inconsistent with or in conflict with the provisions of this act. 
 
 History: Approved April 28, 1915. In effect August 8, 1915. Stats. 
 1915, p. 279. Amended January 11, 1916. In effect immediately. Stats. 
 1916 (ex. sess.), p. 36. Prior act approved December 24, 1911, Stats. 
 1911 (ex sess.), p. 85, was repealed by the present act. The primary 
 law of 1911 provided for the election of delegates to the national con- 
 ventions, but the act of 1911 superseded the provisions of that act. 
 
 Presidential primary election. 
 
 § 1. On the first Tuesday in May of each year of the general November election 
 at which electors of president and vice president of the United States are to be chosen, 
 there shall be held a primary nominating election, to be known as the May presidential 
 primary election, at which the registered qualified electors shall have opportunity, on 
 separate party ballots provided for that purpose, to elect the delegates of their respec- 
 tive political parties to their respective national conventions for the nomination of 
 their party candidates for president and vice president of the United States, thereby 
 indicating the preference of said electors for their presidential nominee. 
 
 Secretary of state to be notified of number of delegates. Elected at large. Parties 
 
 qualified to participate. 
 
 $ 2. The chairman of the state central committee, or, after the year 1916, the chair- 
 man of the congressional party committee, of each of the political parties qualified 
 to participate in the election provided for in this act shall notify the secretary of 
 state on or before the first day of March of each year of the general November election 
 at which electors of president and vice president of the United States are to be 
 chosen, as to the number of delegates to represent the state in the next national con- 
 vention of his said party. If said chairmen, or any of them, fail to file such notice, it 
 shall be the duty of the secretary of state to ascertain the said number of delegates 
 from the call for said national convention issued by the national committee of each 
 party whose chairman has failed to notify him as aforesaid. The delegates who shall 
 represent each political party at its national convention shall all be elected by the 
 voters of the state at large. The secretary of state shall, on or before the tenth day of 
 March of the year of the May presidential primary election, certify to the count v
 
 fi'3 ELECTIONS. 
 
 Act 1338, § 3 
 
 clerk or registrar of voters of each county, or city and county, the number of dele- 
 gates to be so elected by each of the political parties qualified to participate in the 
 said election. Any political party shall be qualified to participate in the May presi- 
 dential primary election which is qualified to participate in the August primary election 
 according to the provisions of the "direct primary law." 
 
 Delegates to national convention. Party test. Number of signers required. When 
 
 delegates prefer same candidates. 
 
 $ 3. The names of persons to be voted upon as delegates to the respective national 
 conventions of the several political parties shall be printed upon the ballots of their 
 respective parties upon the filing of nomination papers substantially as provided in the 
 direct primary law; provided, however, that the only party test that shall be required 
 of each of the five qualified electors provided for in subdivision two (b) of section five 
 of said direct primary law shall be a declaration on his part in the document by which 
 verification deputies are appointed that it is his intention to affiliate at the ensuing 
 primary election with that political partj-- for nomination by which he is proposing a 
 candidate or group of candidates for delegates; and provided, also, that the only 
 party test that shall be required of each of the signers of the nomination paper of any 
 candidate or group of candidates for delegate shall be a declaration by him made in 
 such nomination paper that it is his intention to affiliate at the ensuing primary 
 election with that political party for nomination by which he is signing such nomina- 
 tion paper, and that he has not signed the nomination paper of said candidate or 
 group of candidates, or any other candidate or group of candidates, as candidate 
 or group of candidates of any other party at said primary election; provided, that, 
 in the case of each party, nomination papers for candidates for delegates must be 
 signed by the same number of electors as is required on the nomination paper of » 
 candidate for United States senator; and provided, also, that whenever a candidate foi 
 delegate files a statement with the secretary of state, as hereinafter provided in thia 
 section, wherein as a delegate he enrolls himself with other delegates in expressing his 
 preference for the same person as candidate for presidential nominee, there may be 
 nominated by the same nomination paper the names of all such candidates for dele- 
 gates who are included in such statement as have individually filed similar statements 
 with the secretary of state. The form of nomination paper as set forth in section five 
 of said direct primary law shall be changed for this purpose by substituting, in the 
 appropriate place, for the name of a single candidate, as follows: "hereby nominate 
 the following: 
 
 Names. 
 
 Residence 
 City or Town 
 
 County. 
 
 Number Congres- 
 sional District. 
 
 1 
 
 
 
 
 
 
 
 
 
 3 
 
 
 
 
 (to 26 names, or such other number as may be required) as candidates for delegate 
 
 to the national party convention, to be voted for at the primary' 
 
 election to be held on the day of May, 19..," and by making such other 
 
 changes in said form as may be necessary. The verification deputies to obtain signa- 
 tures on the nomination paper for such group of candidates for delegate may be 
 appointed, either according to the provisions of subdivision two (a) of section five 
 of said direct primary law, by said candidates for delegate joining together in the 
 appointment of said deputies; or according to the provisions of subdivision two (b) 
 of said section five, by the "five registered qualified electors" appointing said deputies 
 to obtain signatures for the nomination of all of said candidates whose natnes are 
 grouped together on the same nomination papers; provided, however, that the number 
 of such candidates for delegate shall not be greater than the total number of dele- 
 Gen. Laws — 43
 
 Act 1338, § 3 
 
 GENERAL LAWS. 674 
 
 gates to be elected by said party; and provided, further, that the names of such 
 candidates thus grouped together shall be so selected that the smallest number of 
 such candidates who shall reside in any one congressional district shall be no less 
 than the integer of the quotient obtained by dividing the number of the names of 
 such candidates appearing upon the same nomination paper by the total number of 
 congressional districts of the state, and that the largest number of such candidates 
 who shall reside in any one congressional district shall be no greater than twice said 
 integer; and if not so selected said names shall not be grouped together on the ballot, 
 but shall appear as individuals. 
 
 Names grouped on ballot. Endorsement by candidate. Delegates statement of prefer- 
 ence. Additional statement. 
 
 Candidates for delegate grouped together on the same nomination paper and selected 
 as aforesaid shall be similarly grouped, in the same order of names, upon the ballots 
 of their party; provided, that such group of candidates for delegate has the endorse- 
 ment of that candidate for presidential nominee for whom the members of said group 
 have filed a preference, or the endorsement of such a state political organization 
 created in support of the candidacy of said presidential nominee as shall not be 
 repudiated by him as lacking authority to make such endorsement; said endorsement, 
 either of the candidate or of the organization supporting him, to be filed with the 
 secretary of state. No candidates for delegate not thus endorsed shall have their 
 names printed upon the ballot in a group, but such candidates must appear as indi- 
 viduals' and further provided, that the name of no candidate shall appear more than 
 once on the ballot, and that any candidate whose nomination paper is filed in more 
 than one group, or in the same group differently arranged, shall have his name 
 printed on the ballot as a part of that group which has had first filed the endorsement 
 as herein recited; provided, that one of the groups in which his name occurs has 
 received such endorsement. Each candidate for election as delegate to his national 
 party convention must file with the secretary of state not later than the time of filing 
 of the nomination papers containing his name, an affidavit substantially as provided 
 in section five of the "direct primary law," and may also include with his affidavit 
 thp following statement: 
 
 DELEGATE'S STATEMENT. 
 
 * * I personally prefer as nominee of my political party for 
 
 president of the United States, and hereby declare to the voters of my party in the 
 state of California that if elected as delegate to their national party convention, I 
 
 shall, to the best of my judgment and ability, support said as 
 
 nominee of my party for president of the United States" (filling in the blanks by 
 inserting his choice for such nominee). But the neglect or failure of any candidate 
 to conclude any statement of preference for presidential nominee shall not be a valid 
 ground on the part of the secretary of state for refusal to receive and file the nomi- 
 nation paper containing his name. 
 
 However, each candidate for delegate whose name is filed upon a nomination paper 
 together with 'the names of other candidates, as hereinbefore in this section provided, 
 in order to have his name printed upon the ballot in a group with such other names, 
 must file such statement of preference, and shall add to it the following: 
 
 " And I hereby enroll myself in the expression of preference for said 
 
 for presidential nominee, as one of the following named candidates for delegate : 
 
 Etc. 
 (the blanks immediately following the word 'delegate' being filled in by the pi-inted
 
 675 ELECTIONS. Act 1338, g 4 
 
 or typewritten names of all the candidates for delegate, including the signer, whose 
 names appear upon the same nomination paper in accordance with the provisions of this 
 section). 
 
 (Signed) " 
 
 [Amendment of January 11, 1916. In effect immediately. Stats. 1915, (extra session), 
 p. 37.] 
 
 Names of candidates in parallel columns. Headings. 
 
 $ 4. The names of the candidates for delegate of any political party shall be 
 arranged upon the ballot of such party in parallel columns, the various candidates for 
 delegate appearing in these columns under their preference for president according 
 to the provisions of section 3 of this act. That group of candidates which shall first 
 file its nomination paper with the secretary of state shall be entitled to the first or 
 left hand column; the group which next flies its nomination paper shall be entitled to 
 the second column; and similarly for all other groups. The left hand column shall 
 be headed in heavy face, ten point, gothic type, the following: 
 
 * ' Candidates preferring » ' 
 
 (The blank being filled in by the name of that candidate for presidential nominee for 
 Avhom the members of the group in said left hand column have expressed a preference.) 
 The second column shall be similarly headed except that the name of the candidate 
 shall be that prefen-ed by the members of the group in said second column; and so 
 on for as many columns as may have groups who have exjiressed a preference for 
 presidential nominee. 
 
 To the right of the last column headed by the name of a candidate for presidential 
 nominee shall be a column headed by the words "No preference," in heavy face ten 
 point, gothic type, in which column shall appear the names of all candidates for 
 delegate who have expressed no preference for presidential nominee, or who have 
 expressed a preference for a presidential nominee who has not endorsed said candi- 
 dates, either personally, or through the state political organization created in support 
 of his candidacy, as such endorsement is provided for in section 3 of this act. To 
 the right of the last column shall be a column headed by the words "Blank column" 
 in heavy face, ten point, gothic type, which column shall contain as many blank 
 spaces as there are delegates to be elected by the political party concerned. In case 
 that there are no names of candidates for delegate to be placed in a "No preference 
 column," such "No preference column" shall be omitted from the ballot, and the 
 "Blank column" as herein provided for shall be placed to the right of and contiguous 
 to the last column headed by the surname of a candidate for presidential nominee. 
 
 Style of printing names. Arrangement for voting. 
 
 The names of the various candidates for delegates shall be printed in eight point, 
 roman capital type, under their respective preferences for presidential nominee or 
 in the no preference column, as heretofore provided in this act. The names of each 
 group on the ballot shall be numbered in heavy face, eight point type. The order of 
 names for each column upon the ballot shall be the same as the order in which such 
 names were filed with the secretary of state; provided, that above the individual 
 names in each column, if any, shall appear the group of names, if any, which has 
 received the endorsement referred to in section 3 of this act. 
 
 A blank column one-half inch wide shall be left upon the ballot opposite each group 
 of names and to the right of the column of voting squares for the individual names 
 and separated from it by a light dotted line, which blank column shall contain a 
 square in which may be stamped a cross (X) which shall be counted as a vote for 
 each and every name in the group opposite. Lengthwise along this blank column 
 shall be printed "A cross (X) stamped in this square shall be counted for each name
 
 Act 1338, §8 5-7 GENERAL LAWS. 676 
 
 of the group to the left." The line separating any name from any other name not 
 in a group or from any group of names shall be heavier than any line separating the 
 individual names in such group and shall extend across the blank column provided 
 for in this paragraph. Below the top line of this extension shall be printed in small 
 heavy face type the words "top of group," and above the bottom line of the extension, 
 the words "end of group." 
 
 Alternate delegates. 
 
 § 5, The delegates to each national party convention elected at the May presi- 
 dential primary election, shall, before leaving the state to attend the convention, meet 
 together and select alternates to the convention. The number of alternates to be 
 selected shall be no greater than one for each delegate, and each alternate must be 
 selected from the congressional district of the delegate for whom he is an alternate; 
 and the method of selection shall be as determined upon by the majority of the whole 
 number of delegates who have been elected to the convention. The duties of an 
 alternate shall be those usually appertaining to that position, and as prescribed by each 
 party in the call for its national convention. The alternate of any such delegate as 
 may be unable to attend the convention, shall attend the convention in his place, and 
 shall otherwise discharge the duties of said delegate, but shall not vote in place of 
 said delegate when said delegate is occupying his seat at the convention. 
 
 Registration used. Declaration of political afiiliation. 
 
 § 6. For purposes of the May presidential primary election only the new registra- 
 tion, beginning on January 1st of the year in which such May presidential primary 
 election is held, shall be used. Any person registered in accordance with the pro- 
 visions of this section and of section one thousand ninety-six of the Political Code and 
 who, on asking for his party ballot at the polls, writes, or has written, and declares 
 his political afl&liation as in this section provided shall be qualified to vote at such 
 election. On writing his name or having it written for him on the roster, as provided 
 by law for general elections in this state, he shall likewise write or have written upon 
 the roster the name of the political party with which he intends to affiliate in voting 
 for candidates for office at the next ensuing November election. He shall then, in an 
 audible tone of voice, declare to the election officer from whom he receives his ballot 
 the name of such political party with which he intends to affiliate, and the clerk whose 
 duty it is according to law, to write the name of the elector on the poll list, shall also 
 write opposite such name the name of said political party with which the elector declares 
 it his intention to affiliate. Thereupon said elector shall be given the ticket of that 
 political party only with which he thus declares himself affiliated, and he shall be 
 permitted to vote only such ticket. Any person qualified by the provisions of this 
 section to vote at any May presidential primary election shall also be qualified to sign 
 the nomination papers of any person to be voted upon at such primary election. 
 [Amendment of January 11, 1916. In effect immediately. Stats. 1915, (extra session), 
 p. 39.] 
 
 Ballot. Instructions to voters. 
 
 § 7. The ballot to be used at the May presidential primary election shall be pre- 
 pared according to the provisions of sections 3 and 4 of this act, and also according 
 to such provisions of the "direct primary law" as are applicable to this act and not 
 in conflict with its provisions; provided, that the words at the top of the ballot shall 
 be "Official presidential primary election ballot," and that the instructions to voters 
 shall be as follows: "To vote for a person whose name appears on the ballot, stamp 
 a cross (V) i^ ^^^ square at the right of the name of the person for whom you desire 
 to vote- or if you wish to vote for all of a group of persons, stamp a cross (X) i^^
 
 C'7 ELECTIOIVS. Act 1338, §§ 8-13 
 
 the square opposite such group which cross shall be counted for each name of the 
 group. A group consists of candidates for delegates nominated on the same nomina- 
 tion paper. To vote for a person whose name is not printed on the ballot, write his 
 name in the blank space provided for that purpose; and it is optional, but not neces- 
 sary, to stamp a cross after such name." 
 
 Printing. 
 
 There shall be printed in heavy face, twelve point, gothic type, across the page above 
 the columns of candidates for delegates, the words, "For delegates to national con- 
 vention vote for , either as individuals or by group, but do not vote for 
 
 more than " (the blanks being filled in by the number of delegates to be 
 
 elected by the political party concerned). 
 
 The ballot shall be printed substantially in the following form: 
 
 Form. 
 
 [Face of ballot on insert.] 
 
 County clerk to provide ballots. Sample ballots. Size, etc. 
 
 $ 8. The county clerk of each county, or registrar of voters in any city or county, 
 shall distribute to each precinct, as near as may be, twice as many official ballots for 
 each party as were cast in the precinct for the candidate of that party for United 
 States senator at the last election in this state at which a United States senator was 
 elected; and if the number of ballots so furnished proves insufficient, additional ballots 
 must be furnished by the county clerk on demand by the board of election officials 
 of the precinct. One sample ballot of each party shall be mailed to every elector 
 entitled to vote at the May presidential primary election, not more than ten days nor 
 less than five days before the election. This sample ballot for each party shall be 
 one half the dimensions, as near as may be, of the official ballot for such party, and 
 shall otherwise be of the same form, and contain the same names and heading, as 
 the official ballot; and above the first line of said heading shall appear the words 
 "Sample ballot (reduced to one-quarter size) of the." 
 
 Direct primary law to govern. 
 
 § 9. The provisions of the direct primary law shall govern the May presidential 
 primary election in so far as said provisions are applicable to said election and are 
 not inconsistent with or in conflict with the provisions of this act. [Amendment of 
 January 11, 1916. In effect immediately. Stats. 1916 (extra session), p. 40.] 
 
 Secretary of state and attorney general to prepare forms. 
 
 § 10. It shall be the duty of the secretary of state and the attorney general to 
 prepare, on or before the first day of January, 1916, all forms necessarj' to carry out 
 the provisions of this act, which forms shall be substantially followed in all presi- 
 dential primary elections held in pursuance hereof. 
 
 Title of act. 
 § 11. This act shall be known as the presidential primary act. 
 
 Repealed. 
 
 $ 12. The act approved December 24, 1911, known as the presidential primary act, 
 is hereby repealed, and all other acts and parts of acts inconsistent with or in con- 
 flict with the provisions of this act are also hereby repealed. 
 
 Election called. 
 
 § 13. The first May presidential primnry election to be held under the provisions 
 of this act shall be held on the second day of May, 1916, and a presidential primary
 
 Act 1339, §§ 1-4 GENERAL, LAWS. STS 
 
 election to be held on the said second day of May, 1916, is hereby called and provided 
 for. [New section added January 11, 1916. In effect immediately. Stats. 1916 
 (extra session), p. 40.] 
 
 The amending act of 1916 contained the following: 
 
 In effect immediately. 
 
 § 5. This act, inasmuch as it calls an election and provides the procedure therefor, 
 shall, under the provisions of article IV, section one of the constitution, take effect 
 immediately. 
 
 CONSOLIDATION OF ELECTION'S. 
 ACT 1339 — An act to permit the consolidation of elections and to provide a procedure 
 therefor. 
 
 History: Approved June 11, 1913. In effect August 10, 1913. Stats. 
 1913, p. 698. Amended June 4, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1163. 
 
 Consolidation of elections on same day. 
 
 § 1. Whenever two or more elections are called to be held on the same day, in 
 the same territory, or in territory that is in part the same, such elections may be 
 consolidated in the manner provided by this act. 
 
 Elections under charters or state laws. 
 
 $ 2. Any such two or more elections, whether held under a freeholders' charter ox 
 under any state law, or both, may be so consolidated and different elections called by 
 the same governing body may be so consolidated. 
 
 Authority to consolidate. 
 
 § 3. Such elections may be consolidated as to territory which is the same by order 
 of the governing body or bodies calling the elections; and where one of the elections 
 to be consolidated in a state election, the board of supervisors of the county wherein 
 said consolidation may be had shall have authority to order such consolidation, as 
 respects such state election. 
 
 Precincts, etc., the same for consolidated elections. Supervisors may canvass returns 
 
 for cities. 
 
 § 4. Within the territory affected by such order of consolidation, the election pre 
 cinets, polling places and voting booths shall, in every ease, be the same and there shall 
 be only one set of election officers in each of such precincts. When the returns of 
 elections consolidated under this act are required to be canvassed by different can- 
 vassing bodies, such elections shall be conducted separately in the same manner as 
 if they had not been consolidated, except as in this section provided; and provided, 
 further, that in case of the consolidation of an election called by the legislative body 
 of a city with an election called by the board of supervisors of the county in which 
 such city is situated, the governing body of such city, in the ordinance or notice calling 
 such election, may authorize such board of supervisors to canvass the returns of such 
 election, and such election shall be held in all respects as if there were only one elec- 
 tion, and only one ticket or ballot shall be used thereat; and the returns of such 
 election need not be canvassed by the legislative body of such city. When the returns 
 of any two or more elections consolidated under this act are required to be canvassed 
 by the same body, such elections shall be held in all respects as if there were only one 
 election, and only one ticket or ballot shall be used thereat. [Amendment of June 4, 
 1915. In effect August 8, 1916. Stats. 1915, p. 1163.]
 
 679 ELECTIONS. Act 1340, §g 1, 2 
 
 Appointment of officers, etc. 
 
 ^ 5. When elections are consolidated under the provisions of this act, the go\«?Tning 
 body or bodies ordering such consolidation may, in the territory affected thereoy, 
 provide for the appointment of officers of election, for the formation of precincts for 
 such elections and the expenses of said election. 
 
 Act of 1911 not repealed. 
 
 § 6. Nothing in this act shall be so construed as to repeal an act of the legislature 
 of the state of California, entitled, "An act to provide for the regulation of the traffic 
 in alcoholic liquors by establishing local option; authorizing the filing of petitions 
 praying for elections to vote upon the question whether the sale of alcoholic liquors 
 shall be licensed within the territory described in such petitions; providing for the 
 calling and holding of such elections; making it the duty of the proper governing 
 body to declare such territory to be no-license territory unless a majority of votes 
 is cast in favor of license; providing that no licenses, permits or other authority to 
 sell or distribute alcoholic liquors in no-license territory shall be granted; forfeiting 
 and declaring void all such licenses or permits theretofore issued and in force; making 
 it a penal offense to sell, give away or distribute alcoholic liquors within such territory, 
 with certain exceptions; and providing penalties for such offenses," approved April 4, 
 1911. 
 
 LEGALIZING REGISTRATIONS. 
 ACT 1340 — An act to legalize registration of electors. 
 
 History: Approved December 4, 1911, Stats. 1911 (ex. sess.), p. 1. 
 
 Registrations declared legal and valid. Registrations of married women. 
 
 § 1. All registrations of electors of this state, heretofore made or attempted to be 
 made, which are defective or illegal by reason of any defect, irregularity, or illegality 
 in the appointment, qualification, or authority of the deputy clerks or other officials 
 or persons before whom such registrations may have been made, or who took the 
 affidavits of the persons so registering, and all registrations of married women, who 
 have registered under the given names, or the initials of the given names of their 
 respective husbands, are hereby declared to be valid and legal, and are hereby val- 
 idated in every case where the elector, who has made such illegal or defective regis- 
 tration, was, at the time of such registration, in all respects eligible to register as 
 an elector of this state, and possessed all of the qualifications required therefor by 
 the constitution and laws of this state. 
 
 Declaration of urgency. Facts constituting necessity for legislative action. 
 
 ^ 2. This act is hereby declared to be an urgency measure within the meaning of 
 section 1, article IV of the constitution, and is deemed necessary for the immediate 
 preservation of the public peace and safety. The following is a statement of the facts 
 constituting such necessity: That elections are abount to be held in certain munici- 
 palities in this state prior to the first day of January, 1912, and defects and irregu- 
 larities have occurred in the registration of a large number of electors in such 
 municipalities, which defects, owing to defects and irregularities in the appointment, 
 qualification or authority of the deputy clerks or other officials or persons before 
 whom such registration were made, and to the registration of married women under 
 the given names, or initials of the given names of their respective husbands, and by 
 reason whereof a question has arisen regarding the right of many persons, so regis- 
 tered, to vote at said elections, who were, at the time of such registration, in all 
 respects eligible to register as electors of this state, and who possessed all of the 
 qualifications required therefor by the constitution and laws of this state; that there 
 is now existing a feeling of public unrest and apprehenaiou regarding such registra-
 
 Act 1341, §§1-5 GE:iVt:RAL LAWS. 6S0 
 
 tion and such elections; that, unless the right of such persons to vote at such elections 
 is legally established prior to the holding thereof, public disorder and breaches of the 
 public peace at such elections are liable to ensue, and the public safety and the orderly 
 conduct of such elections are liable to be endangered. 
 
 "PIECE CLUBS." 
 ACT 1341 — An act to prohibit "piece clubs," and to prevent extortion from candidates 
 for office. 
 
 History: Approved March 14, 1878, Stats. 1877-78, p. 236. 
 
 Election expenses; how raised. 
 
 ^ 1. All payments and contributions of money for election expenses, made by candi ■ 
 dates for oflSce in this state, shall hereafter be assessed and made by such candidates 
 by voluntary assessment among themselves, and not otherwise, and at meetings to hi' 
 called for such purpose, at which meetings none but candidates for ofi&ce at the next 
 ensuing election shall be present or participate. 
 
 Misdemeanor. 
 
 $ 2. Any person being a candidate for office in this state, who shall directly or 
 indirectly pay, or knowingly cause to be paid, any money or other valuable thing to 
 any person, as an assessment or contribution for the expenses of the election at which 
 such person or candidate is to be voted for, except the contribution or assessment so 
 agreed upon by such meeting of candidates, shall be deemed guilty of a misdemeanor, 
 and, upon conviction, punished accordingly. 
 
 Certain acts declared unlawful. 
 
 $ 3. It shall not be lawful for any committee, convention, or other association, 
 formed for the purpose of nominating a candidate or candidates for office in this state, 
 to levy, assess, collect, demand, or receive, directly or indirectly, any mone.y or other 
 valuable thing from any candidate or candidates nominated for office by such com- 
 mittee, convention, or other association, either for the expenses of printing or dis- 
 tributing tickets, or for any of the expenses of the election of such candidate or 
 candidates, or as or for the expenses of such nominating convention, committee, or 
 other association, or under or upon any pretense whatsoever. 
 
 Misdemeanor. 
 
 § 4. Any officer or member of any such committee, convention, or association, or 
 other person, who shall vote for, aid, authorize, assist, or consent to any such levy, 
 assessment, or collection from any candidate or candidates, shall be deemed guilty of 
 a misdemeanor, and, on conviction, punished accordingly. 
 
 Same. 
 
 ^ 5. Any person who shall demand, ask for, collect, or receive, either directly or 
 indirectly, any money or other valuable thing from any candidate or candidates for 
 office in this state, on the ground that such money or other valuable thing has been 
 assessed to such candidate or candidates, or asked for, demanded, or required by any 
 person, nominating convention, committee, or other political association, as or for the 
 costs of printing or distributing tickets, or for the payment of election expenses of 
 any kind or nature whatsoever, or as or for the expenses of such nominating com- 
 mittee, convention, or association, shall, for each offense, be deemed guilty of a 
 misdemeanor, and, on conviction, shall be punished accordingly; but nothing herein 
 contained shall prevent the candidates at any election from assembling together and 
 voluntarily assessing themselves for any expenses authorized by laAv for the common 
 good of the ticket, and to collect and disburse the same by agents appointed for such 
 purpose.
 
 «81 ELECTRICITY. Act 1342, §§ 1, 2 
 
 Same. 
 
 $ 6. Any person who shall voluntarily and unsolicited offer to work for and assist, 
 or in any manner whatsoever contribute to the nomination or election of any candidate 
 or other person to any office in this state, for the purpose and with the intent to have 
 such candidate or person pay for, or in any manner compensate such person so offer- 
 ing for such work or services, shall be deemed guilty of a misdemeanor, and, on con- 
 viction, punished accordingly. 
 
 Applies only to San Francisco. 
 
 $ 7. This act shall apply only to the city and county of San Francisco. 
 
 Act takes effect when. 
 
 § 8. This act shall take effect and be in force from and after its passage. 
 
 Code commissiouer's note: "Modified, if not repealed, by the purity of elections act, 
 1893: 12." 
 
 SPECIAL STATE ELECTION CALLED. 
 ACT 1342 — An act calling and authorizing and directing the governor of the state to 
 call a special election to he held on Tuesday October twenty-sixth, 1915, and provid- 
 ing for the submission thereat to the qualified electors of the state of all amendments 
 to the constitution of the state of California proposed by the legislature of said 
 state at its forty-first session, and of all laws passed by the said legislature at its 
 forty-first session which may be delayed from going into effect by referendum 
 petition. 
 
 History: Approved June 12, 1915. In effect August 11, 1915. Stats. 
 1915, p. 1500. 
 
 Special state election called October 26, 1915. 
 
 V^ 1. A special election is hereby called and the governor of the state is hereby 
 authorized and directed to call a special election to be held throughout the state of Cali- 
 fornia on Tuesday, the twenty-sixth day of October, 1915, and at such special election 
 there shall be submitted to the qualified electors of said state for adoption or rejection, 
 in accordance with the provisions of section 1 of article XVIII of the constitution of 
 said state, all amendments to said constitution proposed by the legislature of said state 
 at its forty-first regular session commencing on the fourth day of January, 1915, and 
 all laws passed by the said legislature at said session which may have been delayed 
 from going into effect by referendum petition filed in accordance with the provisions 
 of section 1 of article IV of the constitution of said state. 
 
 $ 2. Said special election shall be proclaimed, held, conducted and the ballots shall 
 be prepared, marked, voted, counted, canvassed, and the results shall be ascertained 
 and the returns thereof made in all respects in accordance with the provisions of the 
 constitution applicable thereto and the law governing general elections in so far as the 
 provisions thereof are applicable to the election provided for by this act. 
 
 CHAPTER 97. 
 
 ELECTRICITY. 
 
 References: Acquisition and maintenance of electrical power plants by cities, see 
 
 Act 30-10. 
 Appropriation of water for development of electricity, see Kerr's Cyc. Civil Code 
 
 §§ 1410, et seq. 
 Franchise tax of electrical corporations, see Kerr's Cyc. Political Code, §§ 3G64, 
 
 et seq. 
 Larceny of, see Keri-'s Cyc. Penal Code, § 499a. 
 
 Malicious injury to electrical plant, see Kerr's Cyc. Penal Code, § 499a. 
 Public utility, see tit. "Public Utility." 
 
 Ratifying ordinancs authorizing use of electricity by railroads in cities, see Act 3826. 
 Rerjulating appropriation of water for the purpose of generating, see Act 5534, 
 Taxation in general, see tit. "Taxation."
 
 Act 1350, § 1 GENERAL LAWS. 682 
 
 CONTENTS OF CHAPTER. 
 
 A'i'T 1350. Kegulatinq Electric Poles, Wires, Etc. 
 
 1351. Eegulating Subways, Manholes, Etc. 
 
 1352. Joint Municipal Public Utilities. 
 
 REGULATING ELECTRIC POLES, ETC. 
 A.CT 1350 — An act regulating the placing, erection, use and maintenance of electric 
 poles, wires, cables and appliances, and providing the punishment for the violation 
 thereof. 
 
 History: Approved April 22, 1911, Stats. 1911, p. 1037, Amended 
 June 5, 1915. In effect August 8, 1915. Stats. 1915, p. 1058. 
 
 § 1. No commission, officer, agent or employee of the state of California, or of any 
 city and county or city or county or other political subdivision thereof, and no other 
 person, firm, or corporation shall — 
 
 No -wire within 13 inches of pole. Not applicable to telephone. Toll lines may be 
 exempt. Not applicable to "lead" wires, etc. 
 
 (a) Run, place, erect or maintain any wire or cable used to carrj' or conduct electric- 
 ity, on any pole, or any crossarm, bracket or other appliance attached to such pole, 
 within a distance of thirteen inches from the center line of said pole; provided, that 
 the foregoing provisions of this paragraph (a) shall be held not to apply to telephone, 
 telegraph or other "signal" wires or cables which are attached to a pole to which is 
 attached no wire or cable other than telephone, telegraph or other "signal" wire or 
 cable, except within the corporate limits of any city or town which shall have been 
 incor{:>orated as a municipality, nor shall the foregoing provisions be held to apply to 
 such wires or cables in cases where the same are placed vertically on poles, nor to 
 "bridle" or "jumper" wires on any pole which are attached to telephone, telegraph 
 or other "signal" wires on the same pole, nor to any "aerial" cable, as between such 
 cable and any pole on which it originates or terminates; and further provided, that tele- 
 phone toll lines may be exempt from the provisions of this paragraph (a) provided 
 proper evidence introduced before the railroad commission of the state of California 
 proves to the satisfaction of said railroad commission, that compliance with the pro- 
 visions of this paragraph (a) would seriously interfere with long distance telephone 
 transmission; and further provided, that the provisions of this paragraph (a) shall not 
 be held to apply to wires run from "lead" wires to arc or incandescent lamps nor to 
 transformers placed upon poles, nor to any wire or cable where the same is attached to 
 the top of a pole, as between it and said pole, nor to any "aerial" cable containing 
 telephone, telegraph or other "signal" wires where the same is attached to a pole on 
 which no other wires or cables than wires continuing from said cable are maintained; 
 provided, that electric light or power wires or cables are in no case maintained on the 
 same side of the street or highway on which said "aerial" cable is placed. 
 
 No wire within 13 inches of pole though unattached thereto. 
 
 (b) Run, place, erect or maintain in the vicinity of any pole (and unattached 
 thereto) within the distance of thirteen inches from the center line of said pole, any 
 wire or cable used to conduct or carry electricity, or place, erect or maintain any pole 
 (to which is attached any wire or cable used to conduct or carry electricty) within the 
 distance of thirteen inches (measured from the center of such pole) from an}' wire or 
 cable used to conduct or carry electricty; provided, that as between any wire or cable 
 and any pole, as in the paragraph (b) named, only the wire, cable or pole last in point 
 of time run, placed or erected, shall be held to be run, placed, erected or maintained in 
 violation of the provisions of this paragraph; and provided, further, that the provisions 
 of this paragraph (b) shall not be held to apply to telephone, telegraph or other 
 "signal" wires or cables on poles to which are attached no other wires, as between
 
 CS3 ELECTRICITY. Act 1350, § 1 
 
 such wires and poles to which are attached no other wires or cables than telephone, 
 telegraph or other "signal wires; provided, such wires, cables and poles are not within 
 the corporate limits of any town or city which shall have been incorporated as a munici- 
 pality; and further provided, that telephone toll lines may be exempt from this para- 
 graph (b) provided proper evidence introduced before the railroad commission of the 
 state of California, proves to the satisfaction of the said railroad commission, that 
 compliance with the provisions of this paragraph (b) would seriousW interfere with 
 long distance telephone transmission. 
 
 Wires carrying more than 600 volts. Last wire run violates. Railroad commission 
 may permit deviations. 
 
 (c) Run, place, erect or maintain, above ground, within the distance of four feet 
 from any wire or cable conducting or carrying less than six hundred volts of electricity, 
 any wire or cable which shall conduct or carry at any one time more than six hundred 
 volts of electricity, or run, place, erect or maintain within the distance of four feet 
 from any wire or cable which shall conduct or carry at any one time more than six 
 hundred volts of electricity any wire or cable conducting or carrying less than six 
 hundred volts of electricity ; provided, that the foregoing provisions of this paragraph 
 (e) shall be held not to apply to any wires or cables attached to a transformer, arc or 
 incandescent lamp within a distance of four feet (measured along the line of said wire 
 or cable), from the point where such wire or cable is attached to such transformer, arc 
 or incandescent lamp, nor to wires or cables within buildings or other structures, nor 
 to wires or cables where the same are placed vertically on poles, or to any "lead"' 
 wires or cables between the points where the same are made to leave any pole for the 
 pur^^ose of entering any building or other structure and the point at Avhich they are 
 made to enter such building or structure; and provided, further, that as between any 
 two wires or cables, or any wire or any cable, run, placed, erected or maintained in 
 violation of the provisions of this paragraph (c), only the wire or cable last in point 
 of time run, placed or erected shall be held to be run, placed, erected or maintained 
 thus in violation of said provisions; and further provided, that where no more than 
 one crossarm is maintained on a pole, all the wires or cables conducting or carrying 
 at any one time more than six hundred volts of electricity shall be placed on the cross- 
 arm on one side of the pole, and all the wires or cables conducting or carrying less 
 than six hundred volts of electricity shall be placed on the crossarm on the other side 
 of the pole; and further provided, that the space between any wire or cable conducting 
 or carrying at any one time more than six hundred volts of electricity and any wire 
 or cable carrying less than said voltage shall be at least thirty-six inches clear meas- 
 urement in a horizontal line. Where the foregoing provisions of this paragraph (c) 
 can not be complied with, the railroad commission of the state of California may grant 
 permission for the following form of construction; where two or more systems for the 
 dip,tribution of electric light or power occupy the same poles with wires or cables, all 
 wires or cables conducting or carrying at any one time more than six hundred volts 
 of electricity may be placed on the crossarms on one side of the pole, and all wires or 
 cables conducting or carrying less than said voltage, shall in such case, be placed on 
 the crossarms on the other side of the pole; and further provided, that the space 
 between any wire or cable conducting or candying at any one time more than six hun- 
 dred volts of electricity and any wire or cable conducting or carrying less than said 
 voltage shall be at least thirty-six inches in measurement in a horizontal line; and 
 further provided, that in such construction all crossarms shall be at least thirty-six 
 inches apart in a vertical line. 
 
 Crossarms to be painted yellow. 
 
 (d) Run, place, erect or maintain any wire or cable which shall conduct or carry at 
 any one time more than six hundred volts of electricitj', without causing each crossarm,
 
 Act 1350, § 1 GENERAL. I<AWS. C84 
 
 or such other appliance as may be used in lieu thereof, to which such wire or cable is 
 attached to be kept at all times painted a bright yellow color, or, on such crossarm, or 
 other appliance used in lieu thereof, shall be placed signs, 'providing, in white letters 
 on a green background, not less than three (3) inches in height the words "high 
 voltage" on the face and back of each crossarm. The provisions of this paragi'aph (d) 
 shall not be held to apply to crossarms to which are attached wires or cables carrying 
 or conducting more than ten thousand volts of electricity, and which are situated out- 
 side the corporate limits of any town or city which shall have been incorporated as 
 a municipality. 
 
 Guy wires to be insulated. 
 
 (e) Run, place, erect or maintain any *'guy" wire or "guy" cable attached to any 
 pole or appliance to which is attached any wire or cable used to conduct or carry elec- 
 tricity, without causing said "guy" wire or "guy" cable to be effectively insulated at 
 all times at a distance of not less than four (4) feet nor more than eight (8) feet 
 (measured along the line of said wire or cable) from the upper end thereof, and at a 
 
 point not less than eight (8) feet vertically above the ground from the lower end 
 thereof; and further provided, that wherever two or more "guy" wires or "guy" 
 cables are attached to the same pole and same anchorage pole there shall be at least 
 one foot, vertical space, between the points of attachment; and further provided, that 
 "no insulation shall be required at the lower end of a "guy" wire or "guy" cable where 
 same is attached to a grounded anchor; and further provided, that where "guy" wires 
 or "guy" cables are attached to a pole or structure of steel or other conducting 
 material supporting wires or cables carrying in excess of fifteen thousand volts where 
 pole or structure is thoroughly grounded no insulation shall be required at any point 
 in said "guy" wire or "guy" cable; none of the provisions of this paragraph (e) 
 shall be held to apply to "guy" wires or "guy" cables attached to poles carrying 
 no wire or cable other than telephone, telegraph or other "signal" wire or cable, and 
 which are situated outside the corporate limits of any town or city which shall have 
 been incorporated as a municipality. 
 
 Wires to be insulated. 
 
 (f) Run, place, erect or maintain vertically on any pole any wire or cable used to 
 conduct or carry electricity, without causing such wire or cable to be at all times 
 wholly incased in a casing equal in durability and insulating efficiency to a wooden 
 casing not less than one and one-half inches thick. The provisions of this paragraph 
 (f) shall not be held to apply to vertical telephone, telegraph or other "signal" wires 
 or cables on poles where no other such wires or cables are maintained, and which are 
 outside the corporate limits of any town or city which shall have been incorporated as 
 a municijDality ; nor to wires or cables run vertically on iron poles or structures where 
 both pole or structure and conduit are securely grounded. 
 
 Transformers and arc lamps not to be carried on one pole. 
 
 (g) Place, erect or maintain on any pole, or any crossarm or other appliance on said 
 pole, which carries or upon which is placed an electric arc lamp, any transformer for 
 transforming electric currents; provided, however, that this section (g) shall not apply 
 if any arc lamp that shall be suspended so that it can be trimmed from the ground or 
 from a stand located on the pole not less than seven feet below the transformer; and 
 further provided, that in so suspending an arc lamp (where transformer is located on 
 same pole) no wire or cable in connection therewith shall be run vertically on the pole 
 unless said wire or cable be protected as provided for in paragraph (f ) of this section 1. 
 
 Crossing of high voltage wires. 
 
 (h) Run, place, erect or maintain any wire or cable carrying moi-e than fifteen 
 thousand volts of electricity across any wire or cable carrying less than said voltage
 
 CS5 ELECTRICITY. Act 1350, §§ 2, 3 
 
 or across any public highway, except on pole of such height and so placed at each 
 crossing that under no circumstances can said wire or cable of said voltage higher than 
 fifteen thousand volts in case of breakage thereof or otherwise, come in contact with 
 any wire or cable of less than said voltage, or fall within a distance of ten (10) feet 
 from the surface of any public highway; or in lieu thereof double strength construc- 
 tion may be installed, in which case the wires carrying a voltage higher than fifteen 
 thousand volts shall, between the points of crossing, be of a cross-section area equal 
 to at least twice that used in the line outside of such crossing, except where the con- 
 ductor used is equal to number four (4) stranded Brown and Sharpe gauge or greater, 
 in which case the wires or cables will be considered as complying with the law. 
 
 Attaclunent of suspension wires. 
 
 (\) Run, place, erect or maintain any suspension wire to which is attached any 
 "aerial" cable of "75 pair number nineteen Brown and Sharpe gauge" or over, or 
 of "100 pair number twenty-two Brown and Sharpe gauge" or over suspended from 
 a erossarm (or from any other structure or appliance from which said suspension wire 
 is hung), bj'^ a single bolt and clamp without at the same time attaching said suspension 
 wire to said crossarms, structure or appliance by an additional "safety" bolt and 
 clamp (or other "safety" appliance for thus attaching said suspension wire) of 
 tensile strength equal to the first herein said bolt and clamp. [Amendment of June 5, 
 1915. In effect August 8, 1915. Stats. 1915, p. 1058.] 
 
 Preceding not applicable to direct current wires, etc. 
 
 § 2. None of the provisions of the preceding section shall be held to apply to 
 "direct current" electric wires or cables having the same polarity, nor to "signal" 
 wires when no more than two (2) of such "signal" wires are attached to any one pole, 
 provided, that none of such "direct current" or "signal" wires shall in any case be 
 run, placed, erected or maintained within the distance or [of] thirteen (13) inches from 
 the center line of any pole (other than the pole or poles on which said wires or 
 cables are carried) carrying electric wires or cables; and provided, further, that as 
 between any two wires, or cables, or any wire or cable run, placed, erected or main- 
 tained in violation of the provisions of this section 2 only the wire or cable last in 
 point of time run, placed, erected or maintained shall be held to be run, placed, 
 erected or maintained thus in violation of said provisions. 
 
 Insulation of span wires. 
 
 § 3. No commission, officer, agent or employee of the state of California, or of any 
 city and county or city or county or other political subdivision thereof, and no other 
 person, firm or cori^oration shall run, place, erect or maintain any "span" wire 
 attached to any wire or cable used to conduct or carry electricity, without causing 
 said "span" wire to be at all times effectively insulated between the outer point at 
 which it is in any case fastened to the pole or other structure by which it is hung or 
 supported, and at the point at which it is in any case thus attached; provided, that 
 such insulation shall not in any ease be placed less than two (2) feet or more than 
 four (4) feet from said point at which said "span" wire is so attached, and that when 
 ■"'i any case such "span" wire is attached along its length to any two (2) such wires 
 or cables, conducting or carrying electricity and extending parallel to each other, not 
 aiore than eighteen (18) feet apart, such insulation shall not be required therein at 
 any point between such parallel wires or cables; none of the provisions of this section 
 three (3) shall be held to apply where "feeder" wires are used in place of "span" 
 ^ires. [Amendment of June 5, 1915. In effect August 8, 1915. Stats. 1915, p. 1062.] 
 
 k
 
 Act 1351 
 
 GCN'ERAL LAWS. 
 
 •8U 
 
 Penalty for violation. 
 
 $ 4. Any violation of any provision of this act shall be deemed to be a misdemeanor, 
 and shall be punishable upon conviction by a fine of not exceeding five hundred 
 dollars ($500) or by imprisonment in a county jail not exceeding six (6) months or by 
 both such fine and imprisonment. 
 
 $ 5. All acts or parts of acts which are in conflict with the, or with any of the 
 provisions of this, act are hereby repealed. 
 
 ^ 6. This act shall take effect six months from the date of its passage in so far as it 
 relates to new work, and a period of five years shall be allowed in which to recon- 
 struct all existing work and construction to comply with the provisions of this act. 
 
 Extension of time. 
 
 $ 7. Any commission, officer, agent or employee of the state of California or any 
 city and county, or city or county, or other political subdivision thereof, or any other 
 person, firm or corporation may upon proper application to the railroad commission of 
 the state of California be granted by said railroad commission an extension of time 
 beyond that provided for in section 6 of this act; provided, it is shown to the satis- 
 faction of said commission that the provisions of this act can not be complied with by 
 said applicant within said time, or that the applicant for good and sufficient reasons has 
 not been able to comply with the provisions of this act, and that such applicant has 
 heretofore used due diligence so to do within the time specified in said section 6. [New 
 section added June 5, 1915. In effect August 8, 1915. Stats. 1915, p. 1062.] 
 
 Power to grant additional time. 
 
 § 8, The railroad commission of the state of California is hereby vested with author- 
 ity and power, at its discretion to grant such additional time and is hereby instructed 
 to inspect all work which is included in the provisions of this act, and to make such 
 further additions or changes as said commission may deem necessary for the purpose 
 of safety to employees and the general public, and the said railroad commission is 
 hereby charged with the duty of seeing that all the provisions of this act are properly 
 enforced. [New section added June 5, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 1063.] 
 
 .Jurisdiction of industrial accident com- 
 mlHsion over the safety of employees of 
 electric Interurban or street railroads, un- 
 der Act 2a01a does not repeal or modify 
 this act. See I 4, Act 2101a. 
 
 1. Constitutionality. — The act is not un- 
 constitutional as class legislation. — Blox- 
 ham V. Tehama, etc., Tel. Co., 29 Cal. App. 
 326. 155 Pac. 654. 
 
 2. Purpose ot act. — It was not the inten- 
 tion of the legislature that the act should 
 apply only to future construction, nor that 
 reconstruction to comply with the act 
 should be deferred until reconstruction 
 should become necessary through deprecia- 
 tion, obsolescence, commercial needs or 
 other reasons. — In re Los Angeles G. & E. 
 
 Corporation, et al., 11 California R. C. D. 
 291. 
 
 3. Act a safety measure. — The act should 
 be enforced as a safety measure, and pub- 
 lic utilities affected will be required to 
 exercise all reasonable diligence in comply- 
 ing with the act. — In re Los Angeles G. & E. 
 Corporation, et al., 11 California R. C. D. 
 291. 
 
 4. Extensions of time to comply with 
 act. — Under sections 7 and 8, the railroad 
 extended the time to comply with the pro- 
 visions of the act in a large number of in- 
 stances. — See 9 California R. C. D. 542, 628: 
 10 Id. 59; 11 Id. 266-363, 409-443, 553. 718, 
 735, 802; 12 Id. 68, 108, 347, 627; 13 Id. 341, 
 347, 369-371; 14 Id. 76, 374. 455. 
 
 REGULATING SUBWAYS, MANHOLES, ETC. 
 ACT 1351 — An act to regulate the construction and maintenance of subways, manholes, 
 and underground rooms, chambers, and excavations, used to contain, encase, cover, 
 or conduct wires, cables, or appliances to conduct, carry, or handle electricity, and 
 providing the punishment for the violation thereof. 
 
 History: Approved April 22, 1911, Stats. 1911, p. 1042. Amended 
 May 22, 1917. In effect July 27, 1917. Stats. 1917, p. 801.
 
 eS7 ELECTRICITY. Act 1351, § 1 
 
 Dimensions of electric wire subways. 
 
 $ 1. No commission, officer, agent, or employee of the state of California or of any 
 city and county or city or county or other political subdivision thereof, and no other 
 person, firm or corporation, shall build or rebuild or cause to be built or rebuilt within 
 the state of California: 
 
 (a) Any subway, manhole, chamber, or underground room used or to be used to con- 
 tain, encase, cover or conduct any wire, cable, or appliance, to conduct, carry or handle 
 electricity, unless such subway, manhole, chamber or underground room shall have an 
 inside measurement of not less than four feet of the maximum points between the side 
 walls thereof, and between the end walls thereof, and not less than five feet at all 
 points between the floor thereof, and the top or ceiling thereof, or if circular in shape, 
 at least four feet diameter inside measurement, and not less than five feet at all points 
 between the floor and ceiling thereof; provided, however, that this paragraph shall not 
 be held to apply to any such subway, manhole, chamber or underground room, within 
 which it is not intended or required that any human being perform work or labor or be 
 employed; further provided, that the provisions of this paragraph (a) shall not be 
 held to apply where satisfactory proof shall be submitted to the railroad commission 
 of the state of California, that it is impracticable or physically impossible to comply 
 with this law within the space or location so designated by the proper municipal 
 authorities. 
 
 Openings to outer air. 
 
 (b) In any subway, manhole, chamber or underground room, used or to be used to 
 contain, encase, cover or conduct any wire, cable or appliance to conduct, carry or 
 handle electricity, any opening to outer air which is less than twenty-six inches if 
 circular in shape, or less than twenty-four inches by twenty-six inches clear measure- 
 ment if rectangular in shape. 
 
 Openings to be not less than three feet from street car track. 
 
 (c) In any subway, manhole, chamber or underground room, used or to be used to 
 contain, encase, cover or conduct any wire, cable or appliance to conduct, carry or 
 handle electricity, any opening which is at the surface of the ground, within the dis- 
 tance of three feet at any point from the rail of any railway or street car track; pro- 
 vided, that the provisions of this paragraph (c) shall not be held to apply where 
 satisfactory proof shall be submitted to the railroad commission of the state of Cali- 
 fornia, that it is impracticable or physically impossible to comply with this law in the 
 space or location so designated by the proper municipal authorities. 
 
 Floor of subway to be of concrete, etc. 
 
 (d) Any subway, manhole, chamber or underground room, used or to be used to 
 contain, encase, cover or conduct any wire, cable, or appliance to conduct, carry, or 
 handle electricity, unless the floor of such subway, manhole, chamber or underground 
 room is made of stone, concrete, brick or other similar material not subject to decom- 
 position; provided, that this paragraph (d) shall not be held to apply to any such 
 subway, manhole, chamber or underground room within which it is not intended or 
 required that any human being perform work or labor or be employed. 
 
 Subways to be kept free from seepage. 
 
 (e) Or maintain any subway, manhole, chamber or underground room used, or to be 
 used, to contain, encase, cover or conduct any wire, cable or appliance to conduct, carry 
 or handle electricity, unless such subway, manhole, chamber or undergi-ound room is 
 kept at all times in a sanitary condition, and free from stagnant water, or seepage, or 
 other drainage, or any offensive matter dangerous to health, either by sewer connection 
 or otherwise; provided, that this paragraph (e) shall not be held to apply to any such
 
 Act 1352, §§ 1, 2 
 
 GENERAL LAMS. 
 
 688 
 
 subway, manhole, chamber or underground room, within which it is not intended or 
 required that any human being perform work or labor, or be emplo^'ed. [Amendment 
 of May 22, 1917. In effect July 27, 1917. Stats. 1917, p. 801.] 
 
 Penalty for violation. 
 
 $ 2. Any violation of any provision of this act shall be deemed a misdemeanor, and 
 shall be punishable upon conviction by a fine not exceeding five hundred dollars, or by 
 imprisonment in a county jail not exceeding six months, or by both such fine and 
 imprisonment. [Amendment of May 22, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 802.] 
 
 ^ 3, None of the provisions of subdivisions a, b, c, and d, of section 1 of this act 
 shall be so construed as to be retroactive or apply to works already constructed, and 
 all acts or parts of acts which are in conflict with this act, are hereby repealed. 
 
 $ 4. This act shall take effect and be in force from and after the date of passage. 
 
 Power of railroad commission. 
 
 § 5. The railroad commission of the state of California is hereby vested with author- 
 ity and power to inspect all work which is included in the provisions of this act, and to 
 make such further additions or changes as said commission may deem necessary for 
 the purpose of safety to employees and the general public, and the said railroad com- 
 mission is hereby charged with the duty of seeing that all the provisions of this act are 
 properly enforced. [New section added May 22, 1917. In effect July 27, 1917. Stats. 
 1917, p. 802.] 
 
 JOINT MUNICIPAL PUBLIC UTILITIES. 
 ACT 1352 — An act authorizing municipal corporations to permit other municipal cor- 
 porations and counties to construct and maintain sewers, water mains and other 
 conduits, and pole Lines for the transmission of electricity and electric energy in, 
 through, over, along and across its streets and public places, and to construct and 
 maintain sewers, water mains and other conduits and pole lines for the transmission 
 of electricity and electric energy for their joint benefit and at their joint expense, 
 through, over, along and across such streets and public places, and to make and enter 
 into contracts for such purposes, prescribing a method for compelling such use of such 
 streets and public places. 
 
 History: Approved June 5, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1195. 
 
 One city may permit another to construct sewers, etc. 
 
 § 1. Any municipal corporation, under such terms and conditions as may be pre- 
 scribed by the city council or other legislative body thereof is hereby authorized and 
 empowered to permit any other municipal corporation or county to construct and main- 
 tain sewers, water mains or other conduits and pole lines for the transmission of 
 electricity and electric energy in, through, over, along or across the streets and other 
 public places of such municipal corporation, and to use the same for such purpose under 
 the provisions of this act, and not otherwise. 
 
 Resolution submitted. Description of sewers, etc. Request for permission. Right 
 
 to connect sewers. 
 
 ^ 2. Whenever a city council, board of trustees or other legislative body of any 
 municipal corporation or board of supervisors of any county shall find, and by resolu- 
 tion shall declare, that the location of such municipal corporation or county or any 
 portion of the territory included therein is such that the same can not be adequately 
 or conveniently provided with sewers, water mains or other conduits or with elec- 
 tricity or electric energj', without the construction and maintenance by such municipal
 
 689 ELECTRICITY. Act 1 352, § 3 
 
 corporation or county, of certain sewers, water mains or other conduits or with pole 
 lines for the transmission of electricity and electric energy, connecting therewith, in, 
 over, across or along said streets or other public places of anj' other municipal cor- 
 poration or corporations, such city council, board of trustees, board of supervisors or 
 other legislative body may cause a copy of such resolution, certified by the clerk 
 thereof to be submitted to the city council, board of trustees or other legislative body 
 of such other municipal corporation or corporations in which such streets or other 
 public places are situated. Said i-esolutions shall contain a description of the sewers, 
 water mains or other conduits or pole lines for the transmission of electricity or electric 
 energy proposed to be constructed and maintained in such other municipal corpora- 
 tion or corporations, and shall designate the streets or other public places by name or 
 other proper designation, in, through, over, along or across which such sewers, water 
 mains or other conduits or pole lines for the transmission of electricity or electric 
 energy are so proposed to be constructed and maintained. Said resolution shall contain 
 a description of the sewers, water mains or other conduits, or pole lines for the trans- 
 mission of electricity or electric energy proposed to be constructed, and maintained in 
 such other municipal corporation or corporations and shall designate the streets or 
 other public places by name or other projoer designation, in, through, over, along or 
 across which such sewers, water mains, conduits or pole lines are proposed to be con- 
 structed and maintained. Said resolution shall be accompanied by a request in writing, 
 that the municipal corporation or sanitary district, on behalf of which the same was 
 made, signed by the clerk thereof, be granted permission to construct and maintain 
 the sewers, water mains or other conduits or pole lines for the transmission of elec- 
 tricity or electric energy, described in said resolution. The city council or board of 
 trustees or other legislative body of any municipal corporation receiving such request 
 and a certified copy of such resolution, may by ordinance, grant such permission and 
 under such terms and conditions as it shall therein prescribe. If the permission 
 granted under the provisions of this section shall be for the construction and mainte- 
 nance of sewers, the city council, board of trustees or other legislative body of any 
 municipal corporation granting the same, may, as a condition to the exercise of such 
 permission, require that said municipal corporation shall have the right to connect its 
 sewers and those of its inhabitants with the sewers to be constructed under such per- 
 mission, and to use the same in connection with its sewer sj'stem upon the payment by 
 it of such proportionate part of the cost of construction and maintenance of such 
 sewers to the municipal corporation or county by which the same shall be constructed 
 as may be determined by resolution of its city council, board of trustees or other 
 governing body, or board of supervisors, or both such municipal corporations or such 
 corporation and county as the case may be, such payments to be made at such times 
 and in such amounts as may be determined. 
 
 Letting of contracts. Contractor's bonds. Cities may construct. 
 
 $ 3. All contracts for the construction or completion of any sewers, water maiiu 
 or other conduits or for such pole lines for the transmission of electricity or electric 
 energy or for furnishing labor or materials therefor, to be constructed by any munici- 
 pal corporation or county, in, across or along the streets or other public places of any 
 other municipal corporation or corporations as herein provided, shall be let to the 
 lowest responsible bidder. The city council, board of trustees, or board of supervisors 
 or other legislative body of the municipal corporation or county constructing such 
 sewers, water mains or other conduits or such pole lines for the transmission of elec- 
 tricity or electric energy under permission granted as in this act provided, shall adver- 
 tise for at least ten days in one or more newspapers published in such municipal cor- 
 poration or county (or in one or more newspapers published in the county in which 
 said municipal corporation is situated, if there be no newspaper published in such 
 
 (Jen. Laws — 44
 
 Act 1352, e 4 GENERAL, t,A\VS. 630 
 
 municipal corporation) inviting sealed proposals for furnishing the labor and materials 
 for the proposed work, before any contract shall be made therefor. The said city 
 council, board of trustees or board of supervisors or other legislative body of such 
 city or county shall require such bonds as it may deem best from the successful bidder 
 to insure the faithful performance of the contract work, and shall also have the right 
 to reject any and all bids; provided, however, that nothing herein contained shall be 
 construed as prohibiting such municipal corporation or county from itself constructing 
 or completing such works and employing the labor necessary therefor without such 
 advertisement for proposals or letting of a contract ; and provided, further, that in any 
 municipal corporation operating under a freeholder's charter heretofore or hereafter 
 framed under section 8 of article eleven of the constitution, and providing for a board 
 of public works, all the matters and things required in this section to be done and per- 
 formed by the city council, board of trustees or other legislative body of such munici- 
 pal corporation, shall be done and performed by the board of public works thereof; and 
 provided, further, that in case such charter or general law under which such municipal 
 corporation is operating or existing, prescribing the manner of letting and entering 
 into contracts for the furnishing of labor, materials and supplies for the construction 
 or completion of such works or improvements, the contracts for such sewers, water 
 mains or other conduits or such pole lines for the transmission of electricity or electric 
 energy shall be let and entered into in conformity with such charter or general law. 
 
 Joint agreement to construct sewers, etc. One city to contract for all. 
 
 § 4. Whenever the councils, boards of trustees or other legislative bodies or two 
 or more municipal corporations or one or more municipal corporations, or the board of 
 supervisors of any county and the city council, board of trustees or other legislative 
 body of any such municipal corporation, shall find and, by resolution adopted by them, 
 shall declare that it will be for the interests or advantage of such municipal corpora- 
 tions or counties so to do, such municipal corporations or counties by their respective 
 city councils, boards of supervisors or other legislative bodies, may enter into a joint 
 agreement, authorizing the construction and maintenance of sewers, water mains or 
 other conduits or pole lines for the transmi;;3ion of electricity or electric energy, in, 
 through, over or along the streets or other public places of either or any of such munici- 
 pal corporation or counties or in part outside of the limits thereof, at the joint cost 
 and expense and for the joint use and benefit of such municipal corporations or 
 counties upon such terms and conditions and under such regulations as may be 
 approved by the city councils, boards of supervisors or other legislative bodies of all 
 such municipal corporations or counties; and the city council, board of supervisors 
 or other legislative body of each such municipal corporation or county may bind or 
 obligate such municipal corporation or county to pay such proportionate part of the 
 cost of the construction and maintenance of such sewers, water mains or other con- 
 duits or for such pole lines for the transmission of electricity or electric energy at 
 such times and in such installments as may be so approved. All contracts for the 
 construction of sewers, water mains or other conduits, or pole lines for the transmis- 
 sion of electricity or electric energy under the provisions of this section shall be made 
 and entered into by the one of such municipal corporations or counties designated 
 by the city council, boards of supervisors or other legislative bodies of all such munici- 
 pal corporations or counties, and in the manner provided by section 3 of this act. 
 Two or more municipal corporations, one or more municipal corporations and one or 
 more counties may also, by their city councils, boards of supervisors, or other legisla- 
 tive bodies, enter into an agreement or agreements with each other, for the joint use 
 by such municipal corporations or counties of any sewers, water mains, or other con- 
 duits, or pole lines for the transmission of electricity or electric energy theretofore, 
 in whole, or in part, constructed in the streets or other public places of either or any
 
 601 ELECTRICITY. Act 1352, §9 5, 6 
 
 such municipal corporations or counties, upon such terms and conditions as they may 
 by mutual agreement make bj'' their respective city councils, boards of supervisors or 
 other legislative bodies declare to be proper. 
 
 Complaint to railroad commission upon refusal. Hearing of application. 
 
 $ 5. Whenever any municipal corporation shall refuse to grant to another municipal 
 corporation or county, the right to construct and maintain such sewers, water mains, 
 or other conduits, or pole lines for the transmission of electricity or electric energy, in, 
 through, over, along or across its streets or other public places, after such request for 
 such use has been made to the city council or other governing body thereof,, and other 
 proceedings had as prescribed by section 2 of this act, or in ease the terms and condi- 
 tions prescribed by such municipal corporation wherein such streets or other public 
 places are situated shall, by resolution, be rejected by the city council or other legis- 
 lative body of the municipal corporation or county which has caused such request to 
 have been made, the city council, or board of supervisors or other governing body of 
 such municipal corporation or count}', may adopt a resolution stating that such terms 
 and conditions are rejected by such municipal corporation or county and the municipal 
 corporation or county which has made such application and request may thereupon and 
 within one year thereafter, make a complaint to the railroad commission of the state 
 of California, setting forth copies of the resolutions of the several city councils, boards 
 of supervisors or other governing bodies of said several municipal corjiorations or 
 counties, relative to such application and its refusal, a copy of the resolution adopted 
 by its city council, board of supervisors or other legislative body, rejecting such tenns 
 and conditions, a copy of such request, the name of the municipal corporation or county 
 which has made such application; the name of the municipal corporation where such 
 streets or public places are situated, the names or other proper designation of the 
 streets or public places which are proposed to be used for the purposes herein pre- 
 scribed, the purpose for which, and the manner in which the same are proposed to be 
 used, and the facts showing the necessity or expediency for such use. Thereupon said 
 railroad commission shall hear such application and if it appear to such railroad com- 
 mission that the public interest or convenience require that such streets and public 
 places should be used for the purposes set forth in said application and complaint, 
 the said railroad commission shall enter its judgment, granting to said municipal cor- 
 poration or county which has made such request as in this act provided, the right to 
 use such streets or other public places for the purposes herein set forth and maj^ in 
 such judgment, prescribe the terms and conditions upon which such municipal corpora- 
 tion or county making such application may use such streets and public places for 
 the purposes herein set forth; and for the purposes of this act, all such sewers, water 
 mains and other conduits and pole lines for the transmission of electricity or electric 
 energy are declared to be public utilities. The failure or refusal of the city council, 
 or other governing body of such municipal corporation, to which such request shall 
 have been made, to refuse to grant such permission or to prescribe the terms and 
 conditions upon which the same may be granted, for the period of three months from 
 and after the date of the filing of such request, shall be deemed a refusal to grant such 
 request within the meaning of this act. Except as otherwise provided in this act, 
 such proceedings before such railroad commission shall be had and conducted in 
 accordance with the provisions of act of the legislature of the state of California 
 known and designated as the public utilities act approved December 23, 1911, and 
 amendments or continuations thereof. 
 
 Sanitary districts. 
 
 § G. Sanitary districts organized under and by virtue of the laws of the state of 
 California and sanitary districts to be hereafter organized shall be deemed municipal
 
 Act 1356, 8 1 GENERAL LAWS. «0J 
 
 corporations for the purposes of this act; provided, that the sanitary board of any such 
 sanitary district shall be, and the same are, for the purpose of carrying out the pro- 
 visions of this act, hereby vested with the same powers in relation to said sanitary 
 districts as are herein conferred upon city councils, boards of trustees and other gov- 
 erning bodies of such municipal corporations; provided, further, that wherever, by the 
 provisions of this act, the adoption of an ordinance is prescribed b}' any municipal 
 corporation, the adoption of a resolution by said sanitary board shall have the same 
 force and effect as an ordinance adopted by any such city council, board of trustees, or 
 other legislative body of a municipal corporation. 
 
 Determination of controversies. 
 
 $ 7. Should any controversy arise between any two or more municipal corporations, 
 or between any county or counties and municipal corporation or corporations, after 
 such permission shall have been granted by any such municipal corporation, or by the 
 railroad commission of the state of California, respecting the construction, operation, 
 maintenance or control of any such sewers, water mains or other conduits or pole lines 
 for the transmission of electricity or electric energy, through, over, along or across 
 any such street or public place, either such municipal corporation or said county may 
 file a petition with the railroad commission of the state of California setting forth the 
 nature of such grievance and such railroad commission shall hear and determine such 
 complaint in the manner and form prescribed by said public utilities act and amend- 
 ments or continuations thereof. 
 
 Judgment of railroad commission conclusive. 
 
 § 8. All powers and duties conferred upon the railroad commission of the state of 
 California by the provisions of this act are hereby declared to be exclusive, and the 
 judgment of said railroad commission shall be binding and conclusive upon all parties 
 to any such proceedings. 
 
 Act not repealed. 
 
 §9. This act shall not repeal an act entitled: "An act authorizing municipal cor- 
 porations to permit other municipal corporations to construct and maintain sewers, 
 water mains, and other conduits therein, also to construct and maintain sev^^rs, water 
 mains, and other conduits for their joint benefit, and at their joint expense, and to make 
 and enter into contracts for said purposes," approved March 22, 1909, and acts 
 amendatory thereto. 
 
 CHAPTER 98. 
 
 ELEVATORS. 
 
 CONTENTS OF CHAPTER. 
 ACT 1356. Elevator Construction, Operation and Maintenance 
 1357. Elevator Inspection Act. 
 
 ELEVATOR CONSTRUCTION, MAINTENANCE AND OPERATION. 
 ACT 1356 — An act to regulate the construction, operation, and maintenance ot ele- 
 vators in buildings during course of construction; providing for inspection of the 
 same by the bureau of labor statistics; and providing for a penalty for violation 
 
 thereof. 
 
 History: Approved June 7, 1913. In effect August 10, 1913. Stats. 
 1913, p. 507. 
 
 Definitions. 
 
 $ 1. The words and phrases used in this act shall for the purposes of this act, nnlew 
 the same be contrary to or inconsistent with the context, be construed as follows : 
 
 L "Elevator" shall mean any means used to hoist persons or material of any kind
 
 693 ELEVATORS. Act 1357. § 1 
 
 on a building under course of construction, when operated by any power other than 
 muscular power. 
 
 2. "Building" shall include structures of all kinds, regardless of the purposes for 
 which they may be intended to be used, and whether such construction be below or 
 above the level of the ground. 
 
 Signals and persons to give them. 
 
 ^ 2. Every hoist hereafter used in buildings during the course of construction shall 
 have a system of signals for the purpose of signaling the person operating or con- 
 trolling the machinery which may operate the hoist. And it shall be the duty of the 
 person in charge of said building to appoint one or more persons to give such signals, 
 such person to be selected from those most familiar with the work for which said 
 hoist is being used. In the event that a building shall be over fifty feet in height, 
 then two persons shall be appointed to give such signals, one at the bottom of said 
 hoist and the other at the top of said hoist, and the person at the bottom of said 
 hoist shall signal the person at the top, who shall then signal the engineer or the 
 person in charge of the machinery operating said hoist. In the event that the engineer 
 or person in charge of the machinery operating said hoist is so situated that he has a 
 clear and unobstructed view of the base of the elevator, then, and in that event, regard- 
 less of the height of the building, no person shall be required to give signals at the 
 bottom of said hoist. 
 
 Inspection of hoists. 
 
 § 3. It shall be the duty of the commissioner of the bureau of labor statistics to 
 inspect all hoists coming within the definition in section one of this act. And if anv 
 part of the construction or system of signals used on a hoist is defective or mav 
 endanger the lives of men working in the immediate vicinity of said hoist, he shall 
 direct the person in charge thereof to remedy such defect, and such hoist shall not be 
 used again until the order of the commissioner shall have been complied with. 
 
 Penalty. 
 
 ^ 4. Any person, firm, copartnership or corporation or any agent, superintendent or 
 manager of a corporation who shall violate any of the provisions of this act, shall upon 
 conviction thereof be guilty of a misdemeanor and punished by a fine not less than 
 fifty dollars and not more than five hundred dollars, or by imprisonment in the county 
 jail for not less than thirty days and not more than six months, or by both such fine 
 and imprisonment. 
 
 Superseded. — -This act was superseded, apparently, as to inspection by the act of 1917. 
 
 —See Act 1357. 
 
 ELEVATOR INSPECTION ACT. 
 ACT 1357 — An act to provide for the periodical inspection of elevators operated in 
 places of employment in this state; to require a permit for such operation; to make 
 it a misdemeanor to operate such elevator without such permit; and to provide for 
 an injunction against such operation if dangerous to the life or safety of employees; 
 to vest in the industrial accident commission the power to make such inspections and 
 determine the competency of inspectors and reauire reports of inspections and to 
 issue such permits and prescribe maximum fees therefor. 
 
 History: Approved April 6, 1917. In effect July 27, 1917. Stats. 
 1917, p. 84. 
 
 Permit to operate elevator. Injunction to restrain operation without permit. 
 
 $ 1. No power elevator or hand-power elevator, unless exempted in the following 
 section, shall be operated in any place of employment in this state unless a permit, as 
 hereinafter provided, for the operation thereof, shall have been issued by the industrial
 
 Act 1357, 88 3, 3 GENERAI. LAWS. 884 
 
 accident commission, and unless such permit shall remain in full force and effect. The 
 operation of such elevator by any person owning or having the custody, management 
 or operation of such elevator without such permit shall constitute a misdemeanor, and 
 each day of operation of such elevator without such permit shall constitute a separate 
 offense; provided, that no prosecution shall be maintained where the issuance or 
 renewal of such permit shall have been requested and shall remain unacted upon. 
 Whenever any elevator in any place of employment is being operated without the 
 permit herein required, and is in such condition that its use is dangerous to the life or 
 safety of any employee, the industrial accident commission, a commissioner or any 
 safety inspector thereof, or any person affected thereby may apply to the superior 
 court of the county in which such elevator is located for an injunction restraining the 
 operation of such elevator until such condition shall be corrected. Proof by certifica- 
 tion of the said commission that such permit has not been issued, together with the 
 affidavit of any safety inspector of the commission that the operation of such elevator 
 is dangerous to the life or safety of any employee, shall be sufficient ground for the 
 immediate granting of a temporary restraining order. 
 
 Exemptions. 
 
 § 2. Elevators under the jurisdiction of the United States government, and all 
 elevators operated by employers not subject to the safety provisions of the workmen's 
 compensation, insurance and safety act of 1917 and acts amendatory thereof, are 
 exempted from the provisions of this act. 
 
 Inspection of elevators. Order for repairs. Temporary permit to operate. 
 
 d 3. The industrial accident commission shall cause power elevators to be inspected, 
 not less frequently than twice each year and hand-power elevators not less frequently 
 than once each year. If such elevators shall be found upon such inspection to be in a 
 safe condition for operation, a permit shall be issued by said commission for their 
 operation for not longer than six months for a power elevator or longer than one year 
 for a hand-power elevator, which shall be the permit referred to in section one. If 
 such inspection shall show such elevator to be in an unsafe condition, the commission, 
 or a commissioner, may issue a preliminary order requiring such repairs or alterations 
 to be made to such elevator as may be necessary to render it safe, and may order the 
 use of such elevator discontinued until such repairs or alterations are made or such 
 unsafe conditions are removed. Unless such preliminary order be complied with, a 
 hearing before the commission, a commissioner or referee of such commission shall be 
 allowed, upon request, at which the owner, operator or other person in charge of such 
 elevator shall have opportunity to appear and show cause why he should not comply 
 with said order. If it shall thereafter appear to the commission that such elevator 
 is unsafe and that the requirements contained in said preliminary order should be 
 complied with, or that other things should be done to make such elevator safe, the 
 commission may order or confirm the withholding of the permit to operate such ele- 
 vator and may make such requirements as it deems proper for its repair or alteration 
 or for the correction of such unsafe condition. Such order may thereafter be reheard 
 bv the commission or reviewed by the courts in the manner specified by the workmen 's 
 compensation, insurance and safety act of 1917 for safety orders, and not otherwise. 
 If the operation of such elevator during the making of repairs or alterations is not 
 immediately dangerous to the safety of employees, the commission may, in its discre- 
 tion, issue a temporary permit for the operation of such elevator for not to exceed 
 thirtv days during the making of such repairs or alterations. Nothing contained in 
 this act shall be construed as a limitation upon the authority of the commission to 
 prescribe or enforce general or special safety orders.
 
 C»5 ELEVATORS. Act 1357, §g 4-6 
 
 Inspectors. Certificate of competency. 
 
 ^ 4. The commission may, in its discretion, cause the inspection herein provided for 
 to be made either by its safety inspectors or by any qualified elevator inspector 
 employed by an insurance company, or may issue its permit, based upon a certificate 
 of inspection issued by qualified elevator inspectors of any municipality, upon proof 
 to its satisfaction that the safety requirements of such municipality are equal to the 
 minimum safety requirements for elevators adopted by the commission provided that 
 such persons making inspections shall first secure from the commission a certificate of 
 competency to make such inspections. The commission is hereby vested with full 
 power and authority to determine the competency of any applicant for such certificate, 
 either by examination or by other satisfactory proof of qualifications. The commis- 
 sion may rescind at any time, upon good cause being shown therefor, any certificate of 
 competency issued by it to an elevator inspector, or may at any time, upon good cause 
 being shown therefor, and after notice and an opportunity to be heard, revoke anv 
 permit to operate such elevator. Nothing contained in this act shall be construed to 
 limit the authority of the commission to prescribe or enforce general or special safety 
 orders. 
 
 Fees for inspection. 
 
 $ 5. The commission may fix and collect such fees for the inspection of elevators 
 as it may deem necessary, not to exceed two dollars for each inspection or four dollars 
 per year for each elevator. Such fees must be paid before the issuance of any permit 
 to operate such elevator. No fee shall be charged by the commission where an inspec- 
 tion has been made by an inspector of any insurance company or municipality, if such 
 inspector holds a certificate of competency from said commission. All fees collected 
 by the commission under this act shall be paid into the accident prevention fund. 
 
 Report for inspections. 
 
 $ 6. Every inspector so certified shall forward to the commission, on the forms 
 provided by it, within twenty-one days after such inspection is made, a report of such 
 inspection, in default of which his certificate of competency may be canceled. 
 
 ELISORS. 
 See Kerr's Cyc. Political Code, ^ 4173; Kerr's Cyc. Code Civil Procedure, 
 
 H 226-228, 726. 
 
 EL MONTE. 
 See Act 3094, note. 
 
 BL SEGUNDO. 
 
 See Act 3094, note. 
 
 ELSINORE. 
 
 See Act 3094, note. 
 
 CHAPTER 99. 
 
 EMBALMERS. 
 
 k Reference: See tits. "Cemeteries"; "Public Health"; "Vital Statistics.' 
 , CONTENTS OF CHAPTER. 
 
 ACT 1363. Pbactice of Embalming Act. 
 \
 
 Act 1363, §§ 1-5 
 
 GENERAL. L.AWS. 
 
 686 
 
 PRACTICE OF EMBALMING ACT. 
 ACT 1363— An act to establish a state board of embalmers, defining the duties thereof, 
 providing for the better protection of life and health, preventing the spread of con- 
 tagious disease, regulating the practice of embalming in connection with the care and 
 disposition of the dead and providing penalties for the violation thereof. 
 
 History: Approved April 16, 1915. In effect August 8, 1915. Stats. 
 1915, p. 80. Amended May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1334. 
 
 Board of embalmers created. 
 
 ^ 1. There is hereby created and established a board to be known as the state 
 board of embalmers of the State of California. The board shall consist of five mem- 
 bers, to be appointed by the governor of the state, and all vacancies occurring on the 
 board shall be filled by the governor. Three of the persons so appointed shall hold 
 oflBce for two years and two for four years unless sooner removed. All of the 
 appointments made at the expiration of the above terms shall be for four years. 
 Appointments to fill vacancies caused by death, resignation or removal before expira- 
 tion of the term shall be made by the governor, in the same manner, for the residue 
 of the term. 
 Qualifications. Compensation. 
 
 $ 2. The members of said board shall be residents of California, all of whom shall 
 have had at least five years of experience in the practice of embalming, and the prepa- 
 ration and disposition of the dead. The governor shall have power to remove from 
 office any appointive member of said board for incompetency or improper conduct. 
 The members of said board shall receive no compensation for their services except 
 actual mileage and expenses, with the additional salary of the secretary, which shall 
 not exceed nine hundred dollars per year. All moneys provided in excess of the fees 
 herein shall be paid into the general funds of the state. 
 
 Officers. 
 
 ^ 3. The board at their annual meeting shall elect a president, secretary and 
 treasurer from the members of said board, and the treasurer and secretary shall fur- 
 nish such bond as shall be required of them by the board. All officers shall serve for 
 one year or until their successors shall be elected and qualified. 
 
 Oath. 
 
 ^ 4. The governor shall furnish to each person appointed to serve on the board. 
 a certificate of appointment. The appointee shall qualify by taking the usual oath of 
 office before any person authorized to administer oaths of the county in which said 
 person may reside, within ten days after said appointment has been made, and this 
 fact shall be noted on the certificate of appointment, and shall be filed with the secre- 
 tary of state. 
 Seal. Meetings. Publication of notice. Expenses. 
 
 § 5. The board shall adopt a common seal. The president of said board is hereby 
 authorized to administer oaths to witnesses testifying before said board. Said board 
 shall hold at least three meetings annually for the pui-pose of examining applicants 
 for licenses, one of which meetings shall be held in the city of San Francisco, one in 
 the city of Los Angeles and the other in the city of Sacramento, with power to adjourn 
 from time to time until its business is concluded; provided, however, that examination 
 for applicants for licenses may in the discretion of the board be conducted in any 
 part of the state designated by the board. Notice of each meeting shall be given 
 twice a week for two weeks next preceding each meeting in one daily paper published 
 in the city of San Francisco, one published in the city of Los Angeles, and one pub-
 
 COT EMBAL.MERS. Act 13C3, §§ 6-11 
 
 lished in the citj^ of Sacramento, which notice shall also specify the time and place 
 of holding the examination of applicants. Three members of the board shall consti- 
 tute a quorum. At no time shall the board contract expense in excess of the amount 
 of funds in the hands of its treasurer. 
 
 Application for license. Fee. 
 
 § 6. From and after the first day of August, 1915, to January 1, 1916, every person 
 at the time engaged in the practice of embalming or preparing for transportation of 
 human dead of contagious or infectious diseases or embalming human bodies dead from 
 any cause whatever within the state of California, shall make a written application to 
 the said board of embalmers for a license, such application to be signed by the appli- 
 cant with the statement that he or she is possessed of skill and knowledge of said 
 science of embalming and the care and disposition of the dead, and has reasonable 
 knowledge of sanitation and the disinfection of bodies of deceased persons, and the 
 apartments, clothing and bedding, in case of infectious or contagious diseases, and the 
 statements therein contained to be duly certified before an officer authorized to take 
 acknowledgments, and upon payment of five dollars, the board shall issue to said appli- 
 cant a license to practice said science of embalming and the care and disposition of the 
 dead, and shall register applicant as a duly licensed embalmer. Such license shall be 
 signed by the president and secretary of the board and attested by its seal. 
 
 Register of licentiates. 
 
 $ 7. All persons receiving license under provisions of this act shall register the fact 
 at the office of the board of health of the city or county in the jurisdiction of which 
 it is proposed to carry on such practice, and shall display said license in a conspicuous 
 place in the office of the licentiate. 
 
 License after January 1, 1916. Tee. 
 
 ^ 8. From and after January 1, 1916, every person who has failed to make applica- 
 tion for a license, and desires to engage in the practice of embalming dead human 
 bodies in the state of California, and not licensed under this act, shall make application 
 to the board for examination for qualification to engage in the practice of embalming 
 dead human bodies. Such application shall be in writing, addressed to the secretary 
 of the board, accompanied by a fee of ten dollars which shall be paid to the treasurer 
 by the secretary. If for any reason the applicant does not qualify, the sum of five 
 dollars shall be returned upon application. 
 
 Examination. 
 
 ^ 9. Said state board of embalmers shall be authorized and empowered at the time 
 and place specified in the notice heretofore provided for, to examine all applicants for 
 license to practice embalming, to select all questions to be used for examination of 
 applicants for a license, and to determine whether or not such applicants possess the 
 necessary qualifications to properly embalm dead human bodies; and if upon such 
 examination said board shall determine that such applicant is properly qualified to 
 embalm human bodies, it shall grant a license to such person to embalm dead human 
 bodies. 
 
 Licenses recorded. 
 
 § 10. All licenses when issued, shall be recorded by the board, a copy of which 
 record shall be furnished to all those holding a license, and to the various transpor- 
 tation companies in the state of California. Such record shall be open to public inspec- 
 tion, and such license shall be admitted in evidence in any of the courts of the state, 
 and shall be presumptive of the facts contained therein. 
 
 ? 11. The state board of embalmers is directed to recognize licenses issued to 
 embalmers by authorities of other states.
 
 Act 1363, §§ 12-17 GEXEUAL LAWS. 698 
 
 Regulations. 
 
 $ 12. The state board of embalmers shall from time to time adopt rules and regula- 
 tions not inconsistent with the laws of this state, whereby the performance of the duties 
 of the officers of said board and the practice of embalming dead human bodies and 
 transportation of same shall be regulated. 
 
 Af&davits to corrections in death certificates. When embalmer's license lapses. 
 
 ^ 13. Whenever it may be alleged that the facts are not correctly stated in any 
 certificate of death theretofore registered, the local registrar shall require an affidavit 
 under oath to be made by the person asserting the fact, to be supported by the affi- 
 davit of one other credible person having knowledge of the facts, setting forth the 
 changes necessary to make the record correct. Having received such affidavits, the 
 local registrar shall file them and shall then draw a line through the incorrect state- 
 ment or statements in the certificate, without erasing them, and make the necessary 
 corrections, noting on the margin of the certificate his authority for so doing, and 
 transmit the affidavits, attached to the original certificate, when making his regularly 
 monthly returns to the state registrar. If the correction relates to a certificate previ- 
 ously returned to the state registrar, the local registrar shall transmit the affidavit 
 forthwith to the state registrar. If the correction is first made upon the original cer- 
 tificate on file in the state bureau of vital statistics, the state registrar shall transmit 
 a certified copy of the original certificate, corrected as above, to the local registrar, 
 who shall thereupon substitute such certified copy for the copy of the certificate in his 
 records. All such corrections and marginal notes referring to them shall be legibly 
 written in ink, typewritten or printed. When an embalmer has allowed his license to 
 lapse, for any reason whatever, his license and number may be reinstated by the 
 proper application of such embalmer, said application to be accompanied by a fee of 
 two dollars and all back dues to date, whereupon the board may reinstate such appli- 
 cant, provided such lapse shall not have been over two years. [Amendment of May 27, 
 1919. In effect July 27, 1919. Stats. 1919, p. 1334.] 
 
 License not assignable. 
 
 ^ 14. No license granted under the provisions of this act shall be assignable, and 
 every such license shall specify by name the person to whom it is issued, and not more 
 than one person shall carry on the practice of embalming dead human bodies under 
 one license. 
 
 Institutions not affected. 
 
 § 15. Nothing in this act shall apply to, or in any way interfere with the duties of 
 any officer of any local or public institution or of any duly accredited medical college, 
 nor shall this act apply to any one engaged simply in the furnishing of burial recep- 
 tacles for the dead but shall apply only to persons engaged in the practice of embalm- 
 ing in connection with the care and disposition of the dead. 
 
 Carriers. 
 
 § 16. It shall be unlawful for any person, railroad, express company, or common 
 carrier, to receive for transportation any dead human body, unless said body has been 
 prepared by a regularly licensed embalmer, in accordance with the rules prescribed 
 by the state board of embalmers. 
 
 Schools for embalming. 
 
 § 17. The state board of embalmers and schools for teaching embalming shall have 
 extended to them the same privileges as to the use of bodies for dissecting, demon- 
 strating or teaching, as those granted in this state to medical colleges.
 
 999 EUBALSIERS. Act 1363, §§ 18-23 
 
 Bevocation of licenses 
 
 $ 18. The state board of embaliners shall have power to revoke any license granted 
 under this act, upon conviction of violation of any of the provisions of this act, or any 
 of the rules and regulations, or upon conviction of continued improper conduct, said 
 conviction being subject to approval by the courts of the state. 
 
 Penalty for noncompliance. 
 
 ^ 19. Any person who shall advertise, practice, or hold himself or herself as prac- 
 ticing the science of embalming without having complied with the provisions of this 
 act shall be guilty of a misdemeanor and, upon conviction thereof, before the court, 
 shall be sentenced to pay a fine of not less than fifty dollars nor more than one hun- 
 dred dollars for each and every offense; or any person, railroad, express company, or 
 common carrier who shall violate the provisions of this act shall be guilty of a misde- 
 meanor, and shall pay a fine of not less than one hundred dollars, nor more than five 
 hundred dollars for each and every offense. All fines assessed for the violation of any 
 of the provisions of this act shall be paid into the funds of the state. 
 
 Yellow pasters. 
 
 ^ 20. All licensed embalmers shall use yellow pasters to be furnished by the state 
 board of embalmers; said pasters to be approved by the state board of health. No 
 railroad, express company or other common carrier shall accept for transportation any 
 dead human body unless said body is accompanied with said yellow shipping paster. 
 
 Permission of coroner. 
 
 § 21. It shall be unlawful to embalm a dead human body when a fact within the 
 knowledge, or brought to the knowledge of the embalmer is sufficient to arouse suspi- 
 cion of crime in connection with the cause of death of the deceased, until permission 
 of the coroner, or justice of the peace (if there be no coroner) has first been obtained. 
 Any person violating the provisions of this section shall be deemed guilty of a misde- 
 meanor, and, upon conviction thereof shall be fined not less than twenty-five dollars, 
 nor more than one hundred dollars. 
 
 Special license for nonresidents. 
 
 § 22, Nonresidents living along the border of the state of California, doing business 
 within this state, may make application for a special license, provided they can comply 
 with the rules and regulations governing applicants for license, and furnish a certificate 
 from their state certifying that the applicant holds a valid license, and upon the pay- 
 ment of a fee of twenty dollars, with a yearly renewal fee of five dollars. [New 
 section added May 27, 1919. In effect July 27, 1919, p. 1335.] 
 
 School of embalming. 
 
 § 23. The state board of embalmers is authorized to enter into an agreement with 
 the proper authorities for the purpose of establishing a school of embalming in con- 
 nection with any state educational institution of university grade or school of secon- 
 dary grade maintained by a city, city and county, or school district in this state for 
 the purpose of instructing students in the art of embalming and the sanitary care 
 of the dead. The board shall be empowered to employ instructors; secure parapher- 
 nalia; lay out a course of instruction and requirements for a graduation; to require 
 fees for same; which said fees shall be deposited in the state treasury in a fund which 
 is hereby created and which shall be known as the embalmers school fund; this school 
 to be in no way an expense to the state. Upon graduation a diploma thereupon shall 
 entitle the holder to be admitted to practice within the state. [New section added 
 May 27, 1919. In effect July 27, 1919. Stats. 1919, p. 1335.]
 
 Act 1365, § 1 GENERAL LAAVS. TOO 
 
 Manufacture and distribution of embalming fluid. 
 
 § 24. It is prohibited to manufacture, sell or distribute embalming fluids within the 
 state containing mineral poison. All fluid containers to have printed on the label "no 
 mineral poison." All manufacturers and distributors of embalming fluids are hereby 
 required to state the per cent formaldehyde contained therein, upon the label. [New 
 section added May 27, 1919. In effect July 27, 1919. Stats. 1919, p. 1335.] 
 
 CHAPTER 100. 
 
 EMERYVILLE. 
 References: Incorporation, see Act 3094, note. 
 
 CONTENTS OF CHAPTER. • 
 ACT 1365. Tide and Submerged Land Gbant. 
 TIDELAND GRANT. 
 
 ACT 1365 — An act granting certain tidelands and submerged lands of the state of 
 California to the city of Emeryville, and regulating the management, use and control 
 thereof. 
 
 History: Approved May 23, 1919. In effect July 23, 1919. Stats. 
 1919, p. 1087. 
 
 Tidelands granted to Emeryville. 
 
 § 1. There is hereby granted to the city of Emeryville, a municipal corporation of 
 the state of California, and to its successors, all the right, title and interest of the 
 state of California, held by said state by virtue of its sovereignty in and to all tide- 
 lands and submerged lands, whether fllled or unfilled, which are included within the 
 present boundaries of the city of Emeryville, to be forever held by said city and by 
 its successors in trust for the use and purposes, and upon the express conditions 
 following, to wit : 
 
 Use of lands. 
 
 (a) That said lands shall be used by said city and its successors, only for the 
 establishment, improvement and conduct of a harbor, and for the construction, mainte- 
 nance and operation thereon of wharves, docks, piers, slips, quays, and other utilities, 
 structures and appliances necessary or convenient for the promotion and accommoda- 
 tion of commerce and navigation, and said city or its successors shall not, at any time,, 
 grant, convey, give or alien said lands or any part thereof to any individual, firm or 
 corporation, for any purposes whatever; provided, that said city or its successors may 
 grant franchises thereon, for limited periods, but in no event exceeding fifty years, for 
 wharves and other public uses and purposes, and may lease said lands or any part 
 thereof for limited periods, but in no event exceeding fifty years, for the purposes 
 consistent with the trusts upon which said lands are held by the state of California, 
 and with the requirements of commerce or navigation at said harbor. 
 
 Improvement of harbor. 
 
 (b) That said harbor shall be improved by said city without expense to the state, 
 and shall always remain a public harbor for all purposes of commerce and navigation, 
 and the state of California shall have at all times the right to use, without charge, all 
 v.-harves, docks, piers, slips, quays and other improvements constructed on said lands, 
 or any part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California.
 
 701 EMIGUATIOX. Act 1366. Sg 1, 2 
 
 Bates, tolls, etc. 
 
 (c) That in the management, conduct or operation of said harbor, or of any of the 
 utilities, structures or appliances mentioned in paragraph (a), no discrimination in 
 rates, tolls, or charges or in facilities for any use or service in connection therewith 
 shall ever be made, authorized or permitted by said city or its successors. 
 
 Right to fish reserved to people. 
 
 (d) There is hereby reserved, however, in the people of the state of California the 
 absolute right to fish in all the waters of said harbor, with the right of convenient 
 access to said waters over said land for said purpose. 
 
 CHAPTER lOL 
 
 EMIGRATION. 
 References: See tit. "Immigration." 
 
 CONTENTS OF CHAPTER. 
 ACT 1366. Promotion of Emigration. 
 
 PROMOTION OF EMIGRATION. 
 ACT 1366 — An act to promote emigration from the state of California. 
 
 History: Approved March 26, 1880, Stats. 1880, p. 15 (Ban. ed. 50). 
 
 § 1. It shall be unlawful for the owners, officers, agents, or employees of any steam- 
 ship company, sailing vessel, or railroad company, or firm or corporation, that may be 
 engaged in this state in the transportation of passengers to and from any foreign port, 
 to Avithhold or refuse any person or persons the right to purchase a passage ticket or 
 tickets to any foreign country for the reason that he or they have not presented a 
 certificate, card, or other document whatsoever showing that such person has paid in 
 full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatso- 
 ever, to any society, company, corporation, association, or individual, or firm; and 
 any person or corporation who shall violate the provisions of this section, or in pursu- 
 ance of any agreement, oral or written, refuse to sell a passage ticket to any person 
 to any foreign country, shall be guilty of a misdemeanor, and upon conviction, shall be 
 punished by a fine of not less than one hundred nor more than five hundred dollars; 
 provided, that nothing in this section shall be construed in any manner to apply to 
 any passport or other document required by law to be presented, having the signature 
 or seal of any foreign consul resident within this state. 
 
 § 2. This act shall take effect on and after its passage. 
 
 CHAPTER 102. 
 
 EMPLOYMENT AGENTS. 
 
 References: Employment, see tit. "Master and Servant." 
 
 Re-employment of soldiers and sailors, see tit. "Soldiers and Sailors." 
 
 Trade schools are employment agencies, see "Schools," subtitle "Trade Schools.' 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1373. Regulating Private Employment Agenoibs. 
 1374. Free Employment Bureaus.
 
 let 1373, § 1 GENERAL LAWS. 702 
 
 REGUL.^^TING PRIVATE EMPLOYMENT AGENCIES. 
 ACT 1373 — An act regulating private employment agencies, providing for a license for 
 the operation thereof and a fee therefor, providing forms of receipts and registers 
 to be used and kept, prohibiting any charge for registering or filing application for 
 help or employment, prohibiting the dividing of fees, providing for the refunding 
 of fees and expenses in the event of failure to procure employment, and granting 
 the commissioner of the bureau of labor statistics the power to prescribe rules and 
 regxilations to carry out the purpose and intent of this act. 
 
 History: Approved June 3. 1913. In effect August 10, 1913. Stats. 
 1913, p. 515. Amended May 27, 1915. In effect August 8, 1915. Stats. 
 1915, p. 929. 
 
 Prior acts: Act defining duties and liabilities of employment 
 agents, approved February 12, 1903, Stats. 1903, p. 14. Amended 
 March 18, 1905, Stats. 1905, p. 143; March 3, 1909, Stats. 1909, p. 137; 
 March 6, 1909, Stats. 1909, p. 149. Act to regulate and license employ- 
 ment agents, approved March 6, 1909, Stats. 1909, p. 191. The first of 
 these was declared unconstitutional in Ex Parte Dickey, 144 Cal. 234; 
 but the objectionable feature of the act was repealed in 1905 (see 
 annotations). Both acts were probably superseded by the present act. 
 
 Definitions. 
 
 $1. 1. When used in this act the following terms are defined as herein specified: 
 The term "person" means and includes any individual, company, society, association, 
 corporation, manager, contractor, subcontractor or their agents or employees. 
 
 2. The term "employment agency" means and includes the business of conducting, 
 as owner, agent, manager, contractor, subcontractor, or in any other capacity an intel- 
 ligence office, domestic and commercial employment agency, theatrical employment 
 agency, teachers' employment agency, general employment bureau, shipping agency, 
 nurses' registry, or any other agency or office for the purpose of procuring or attempt- 
 ing to procure help or employment or engagements for persons seeking employment 
 or engagements, or for the registration of persons seeking such help, employment or 
 engagement, or for giving information as to where and of whom such help, employ- 
 ment or engagement may be procured, where a fee or other valuable consideration is 
 exacted, or attempted to be collected, directly or indirectly, for such services, whether 
 such business is conducted in a building or on the street or elsewhere. 
 
 3. The term "theatrical employment agency" means and includes the business of 
 conducting an agency, bureau, office or any other place for the purpose of procuring or 
 offering, promising or attempting to provide engagements for circus, vaudeville, theat- 
 rical and other entertainments or exhibitions or performances, or of giving information 
 as to Avhere such engagements may be procured or provided, whether such business is 
 conducted in a building, or on the street or elsewhere. 
 
 4. The term "theatrical engagement" means and includes any engagement or 
 employment of a person as an actor, performer or entertainer in a circus, vaudeville, 
 theatrical and other entertainment, exhibition or performance. 
 
 5. The term "emergency engagement" means and includes an engagement which has 
 to be performed within twenty-four hours from the time when the contract for such 
 engagement is made. 
 
 6. The term "fee" means and includes any money or other valuable consideration 
 paid or promised to be paid for services rendered or to be rendered by any person 
 conducting an employment agency of any kind under the provisions of this article. 
 Such term includes any excess of money received by any such person over what has 
 been paid out by him for the transportation, transfer of baggage, or board and lodging 
 for any applicant for employment; such term also includes the difference between the 
 amount of money received by any such person who furnishes employees, performers 
 or entertainers for circus, vaudeville, theatrical and other entertainments, exhibitions
 
 703 EMPLOYMENT AGENTS. Act 1373, §g 2-4 
 
 or performances, and the amount paid by him to the said employees, performers or 
 entertainers whom he hires or provides for such entertainments, exhibitions or per- 
 formances. 
 
 7. The term "privilege" means and includes the furnishing of food, supplies, tools 
 or shelter to contract laborers, commonly known as commissary privileges. 
 
 8. The term "commissioner of labor" means. commissioner of the bureau of labor 
 
 statistics. 
 
 License necessary. Penalty. 
 
 § 2. A person shall not open, keep, maintain or carry on any employment agency, 
 as defined in the preceding section, unless he shall have first procured a license there- 
 for as provided in this article from the commissioner of labor. Such license shall be 
 posted in a conspicuous place in said agency. Any person who shall open or conduct 
 such an employment agency without first procuring said license shall be guilty of a 
 misdemeanor and shall be punished as hereinafter provided. 
 
 Application for license. 
 
 § 3. An application for such license shall be made to the commissioner of labor. 
 Such application shall be written and in the form prescribed by the commissioner of 
 labor, and shall state the name and address of the applicant; the street and number 
 of the building or place where the business is to be conducted; whether the applicant 
 proposes to conduct a lodging-house for the unemiDloyed separate from the agency 
 which he proposes to conduct; the business or occupation engaged in by the applicant 
 for at least two years immediately preceding the date of the application. Such appli- 
 cation shall be accompanied by the affidavits of at least two reputable residents of the 
 city to the effect that the applicant is a person of good moral character. 
 
 Application for license. Limitations on grants. Power to revoke licenses. 
 
 $ 4. Upon receipt of jvn application for a license the commissioner of labor may 
 cause an investigation to be made as to the character and responsibility of the appli- 
 cant and of the premises designated in such application as the place in which it is 
 proposed to conduct such agency. The commissioner of labor may administer oaths, 
 subpoena witnesses and take testimony in respect to matters contained in such applica- 
 tion and in complaints of any character against the applicants for such license, and 
 upon proper hearing may refuse to grant a license. Each application shall be granted or 
 refused within thirty days from date of filing. No license shall be granted to a i^erson 
 to conduct the business of an employment agency in rooms used for living purposes, or 
 where boarders or lodgers are kept, or where meals are served, or where persons sleep, 
 or in connection with a building or premises where intoxicating liquors are sold to be 
 consumed on the premises, excepting cafes and restaurants in office buildings. No 
 license shall be granted to a person whose license has been revoked within three years 
 from the date of application. Each license shall run to the thirty-first day of March 
 next following the date thereof and no longer, unless sooner revoked by the commis- 
 sioner of labor. The commissioner of labor shall have the power and authority to 
 revoke any license after a hearing, when it is shown that the licensee or his agent has 
 violated or failed to comply with any of the provisions of this act, or when such licensee 
 has ceased to be of good moral character, or when the conditions under which the 
 license was issued have changed or no longer exist. At any hearing the commis- 
 sioner of labor shall not be bound by the technical rules of evidence, and his rulings 
 shall be presumed to be prima facie reasonable, and his findings of fact shall, in the 
 absence of fraud, be conclusive and shall be set aside by the superior court only on 
 the following grounds:
 
 Act ia73, §§5-8 GENERAL LAWS. W4 
 
 Grounds for setting acide findings. 
 
 1. That the commissioner of labor acted without or in excess of his powers. 
 
 2. That the determination was procured by fraud. 
 
 [Amendment of May 27, 1915. In effect Au^st 8, 1915. Stats. 1915, p. 929.] 
 
 License to contain name, etc. 
 
 § 5. Every license shall contain the name of the person licensed, a designation of 
 the city, street and number of the house in which the person licensed is authorized to 
 cany on the said employment agency, and the number and date of such license. Such 
 license shall not be valid to protect any other than the person to whom it is issued 
 or any place other than that designated in the license and shall not be transferred or 
 assigned to any other person unless consent is obtained from the commissioner of 
 labor, as hereinafter provided. If such licensed person shall conduct a lodging-house 
 for the unemployed separate and apart from such agency, it shall be so designated in 
 the license. 
 
 Transfer of license. 
 
 $ 6. A license granted as provided in this article shall not be assigned or transferred 
 without the written consent of the commissioner of labor. No license fee shall bo 
 required upon such assignment or transfer. The location of an employment agency 
 shall not be changed without the written consent of the commissioner of labor. 
 
 License fee. Bond. 
 
 ^ 7. Every person licensed under the provisions of this act to carry on the business 
 of an employment agency shall pay to the commissioner of labor a license fee of one 
 hundred dollars in cities of the first, first and one-half and second classes, and a license 
 fee of fifty dollars in cities of the third and fourth classes and a license fee of ten 
 dollars in all other cities and towns. Such persons shall also deposit before such 
 license is issued, with the commissioner of labor, a surety bond in the penal sum of 
 two thousand dollars in cities of the first, first and one-half and second classes, or a 
 surety bond in the penal sum of one thousand dollars in cities of the third and fourth 
 classes, or a surety bond in the penal sum of five hundred dollars in all other cities 
 and towns. Such surety bonds to be approved by the commissioner of labor and such 
 bonds shall be payable to the people of the state of California, and shall be condi- 
 tioned that the person applying for the license will comply with the provisions of this 
 act and will pay all damages occasioned to any person by reason of misstatement, mis- 
 representation, fraud or deceit or any unlawful acts or omissions of any licensed per- 
 son, his agents or employees, while acting within the scope of their employment, made, 
 committed or omitted in the business conducted under such license or caused by any 
 other violation of this article in carrying on the business for which such license is 
 granted. All moneys collected for licenses as provided herein and all fines collected for 
 violations of the provisions hereof shall be paid into the state treasury and credited 
 to the contingent fund of the bureau of labor statistics. [Amendment of May 27, 1915. 
 In effect August 8, 1915. Stats. 1915, p. 930.] 
 
 Suits against licensed person. 
 
 ^ 8. All claims or suits brought in any court against any licensed person may be 
 brought in the name of the person damaged upon the bond deposited with the people 
 of the state of California by such licensed person as provided in section seven, and may 
 be transferred and assigned as other claims for damages in civil suits. The amount of 
 damages claimed by plaintiff, and not the penalty named in the bond, shall determine 
 the jurisdiction of the court in which the action is brought. Where such licensed per- 
 son has departed from the state with intent to defraud his creditors or to avoid the
 
 705 E3MPLOYME1VT AGENTS. Act 1373, §§ 9-12 
 
 service of a summons in an action brought under this section, service shall be made 
 upon the surety as prescribed in the Code of Civil Procedure. A copy of such sum- 
 mons shall be mailed to the last known postoflftce address of the residence of the 
 licensed person and the place where he conducted such employment agency, as shown 
 by the records of the commissioner of labor. Such service thereof shall be deemed 
 to be made when not less than the number of days shall have intervened between the 
 dates of service and the return of the same as provided by the Code of Civil Procedure 
 for the particular court in which suit has been brought. 
 
 Register of applicants for employment. 
 
 $ 9. It shall be the duty of every licensed person to keep a register, approved by 
 the commissioner of labor, in which shall be entered, in the English language, the date 
 of the application for employment; the name and address of the applicant to whom 
 employment is promised or offered, or to whom information or assistance is given in 
 respect to such employment; the amount of fee received, and such other information 
 as the commissioner of labor shall require. Such licensed person shall also enter in the 
 same or in a separate register, approved by the commissioner of labor, in the English 
 language, the name and address of every applicant accepted for help, the date of such 
 application, kind of help requested, the names of the persons sent, with the designa- 
 tion of the one employed, the amount of the fee received and the rate of wages agreed 
 upon, and such other information as the commissioner of labor may require. No such 
 licensed person, his agent or employees, shall make any false entry in such registers. 
 
 Registers open to inspection. 
 
 $ 10. All registers, books, records and other papers kept pursuant to this act in any 
 employment agency shall be open at all reasonable hours to the inspection of the com- 
 missioner of labor and to anj' of his duly authorized agents or inspectors and every 
 licensed person shall furnish to the commissioner upon request a true copy of such 
 registers, books, records and papers or any portion thereof, and shall make such reports 
 as the commissioner may prescribe. 
 
 Receipt given applicant. 
 
 § 11. It shall be the duty of every licensed person conducting an employment agency 
 to give to every applicant for employment from whom a fee shall be received a receipt 
 in which shall be stated the name and address of such employment agency, the name 
 and address of the person to whom the applicant is sent for employment, the name of 
 the applicant, the date, the amount of fee, the kind of work or service to be performed, 
 the general conditions of employment — including among other things the rate of wages 
 or compensation, whether or not board and lodging is to be furnished, the hours of 
 employment, the cost of transportation and whether or not it is to be paid by the 
 employer, the time of such service, if definite, and if indefinite to be so stated, and 
 the name of the person authorizing the hiring of such applicant. There shall ba 
 printed on the face of the receipt in prominent type the following: "This agency is 
 licensed by the commissioner of labor of the state of California." All receipts shall 
 be made and numbered in original and duplicate. The original shall be given to the 
 applicant paying the fee and the duplicate shall be kept on file at the employment 
 agency. The receipts used by such licensed agencies shall be approved by the commis- 
 sioner of labor. 
 
 Applicant's fee. 
 
 § 12. No such licensed person shall accept a fee from any applicant for employ- 
 ment, or send out any applicant for employment without having obtained, either orally 
 or in writing, a bona fide order therefor, and in no case shall such licensed person 
 
 Gen. Laws — 45
 
 Act 1373, §§13-1S GENERAL, LAWS. 706 
 
 accept, directly or indirectly, a registration fee of any kind. In case the applicant 
 paying a fee fails to obtain employment such licensed agency shall repay the amount 
 of said fee to such applicant upon demand being made therefor; provided, that in cases 
 •where the applicant paying such fee is sent beyond the limits of the city in which the 
 employment agency is located, such licensed agency shall repay in addition to the said 
 fee any actual expenses incurred in going to and returning from any place where such 
 applicant has been sent; provided, however, where the applicant is employed and the 
 employment lasts less than seven days by reason of the discharge of the applicant, 
 the employment agency shall return to said applicant the fee paid by such applicant 
 to the employment agency, or such portion of said fee as in the judgment of the 
 commissioner of labor may be adequate. [Amendment of May 27, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 930.] 
 
 False advertising prohibited. 
 
 § 13. No licensed person conducting an employment agency shall publish or cause 
 to be published any false or fraudulent or misleading information, representation, 
 notice or advertisement; all advertisements of such employment agency by means of 
 cards circulars, or signs and in newspapers and other publications, and all letter-heads, 
 receipts, and blanks shall be printed and contain the licensed name and address of 
 such employment agent and the word agency, and no licensed person shall give any 
 false information, or make any false promise or false representation concerning an 
 engagement or employment to any applicant who shall register or apply for an engage- 
 ment or employment or help. 
 
 Agencies shall not send applicants to certain places. Fees not to be divided with 
 
 employers. 
 
 § 14. No licensed person conducting an employment agency shall send or cause to be 
 sent, any woman or minor under the age of twenty-one years, as an employee to any 
 house of ill fame or to any house or place of amusement for immoral purposes, or to 
 places resorted to for the purpose of prostitution, or gambling houses, the character of 
 which such licensed person could have ascertained upon reasonable inquiry. No 
 licensed person shall send any minor under the age of eighteen years to any saloon or 
 place where intoxicating liquors are sold to be consumed on the premises. No licensed 
 person shall knowingly permit any person of bad character, prostitutes, gamblers, 
 intoxicated persons or procurers to frequent such agencies. No licensed person shall 
 accept any application for employment made by or on behalf of any child, or shall 
 place or assist in placing any such child in any employment whatever in violation of 
 the child labor law. No licensed person shall send an applicant to any place where 
 a strike, lockout or other labor trouble exists without notifying the applicant of such 
 conditions and shall in addition thereto enter a statement of such facts upon the receipt 
 given to such applicant. No licensed person shall divide fees with an employer, or an 
 agent of an employer, or with any superintendent, manager, foreman, or other em- 
 ployee of any person, firm or corporation to which help is furnished. [Amendment of 
 May 27, 1915. In effect August 8, 1915. Stats. 1915, p. 931.] 
 
 Theatrical employment agency. 
 
 $ 15. Every licensed person conducting a theatrical employment agency, before 
 making a theatrical engagement, except an emergency engagement, for any person with 
 any applicant for services in any such engagement shall prepare and file in such agency 
 a written statement signed and verified by such licensed person setting forth how long 
 the applicant has been engaged in the theatrical husiness. Such statement shall set 
 forth whether or not such applicant has failed to pay salaries or left stranded any 
 companies, in which such applicant and, if a corporation, any of its officers or directors,
 
 707 EMPLOYMENT AGENTS. Act 1373, §§ 16-20 
 
 have been financially interested during the five years preceding the date of application 
 and, further, shall set forth the names of at least two persons as references. If such 
 applicant is a corporation, such statement shall set forth the names of the officers and 
 directors thereof and the length of time such corporation or any of its officers have 
 been engaged in the theatrical business and the amount of its paid-up capital stock. 
 If any allegation in such written, verified statement is made upon information and 
 belief, the person verifying the statement shall set forth the sources of his information 
 and the grounds of his belief. Such statement so on file shall be kept for the benefit 
 of any person whose services are sought by any such applicant as employer. 
 
 Theatrical contracts. 
 
 $ 16. Every licensed person who shall procure for or offer to an applicant a theatri- 
 cal engagement shall have executed in duplicate a contract containing the name and 
 address of the applicant; the name and address of the employer of the applicant and 
 of the person acting for such employer in employing such applicant; the time and dura- 
 tion of such engagement; the amount to be paid to such applicant; the character of 
 entertainment to be given or services to be rendered; the number of performances per 
 day or per week that are to be given by said applicant ; if a vaudeville engagement, the 
 name of the person by whom the transportation is to be paid, and if by the applicant, 
 either the cost of the transportation between the places where said entertainment or 
 services are to be given or rendered, or the average cost of transportation between the 
 places where such services are to be given or rendered; and if a dramatic engagement 
 the cost of transportation to the place where the services begin if paid by the applicant; 
 and the gross commission or fees to be paid by said applicant and to whom. Such con- 
 tracts shall contain no other conditions and provisions except such as are equitable 
 between the parties thereto and do not constitute an unreasonable restriction of busi- 
 ness. The form of such contract shall be first approved by the commissioner of labor 
 and his determination shall be reviewable by certiorari. One of such duplicate con- 
 tracts shall be delivered to the person engaging the applicant and the other shall be 
 retained by the applicant. The licensed person procuring such engagement for such 
 applicant shall keep on file or enter in a book provided for that purpose a copy of 
 such contract. 
 
 Act to be posted. 
 
 $ 17. Every licensed person shall post in a conspicuous place in each room of such 
 agency a copy of this act. Such printed law to also contain the name and address of 
 the officer charged with the enforcement of this act. The commissioner of labor shall 
 furnish printed copies of this act to the employment agencies. 
 
 Penalty. 
 
 ^8. Any person, firm, corporation or their agents or representatives violating or 
 omitting to comply with any of the provisions of this act shall be guilty of a misde- 
 meanor, and upon conviction thereof shall be punished by a fine of not less than fifty 
 dollars or more than two hundred and fifty dollars or by imprisonment for a period of 
 not more than sixty days or by both such fine and imprisonment. 
 
 Power of labor commissioner. 
 
 § 19. The commissioner of labor, his deputies and agents shall have the power and 
 authority of sheriffs and other peace officers to make arrests for violations of the 
 provisions of this act and to serve any process or notice throughout the state. 
 
 Repeal of acts. 
 
 § 20. All acts and parts of acts in conflict with the provisions of this act are hereby 
 repealed.
 
 Acta 1374. 1385 GENERAL LAWS. 709 
 
 1. Constitutionality — Aft of 1!>03. — The exercise of the police power, and violates 
 provision of section 4 fixing a maximum the due process of law clauses of the fed- 
 charge for employment agents Is an un- eral and state constitution. — Ex parte 
 reasonable limitation upon the right to Dickey, 144 Cal. 234, 103 Am. St. Rep. 82, 1 
 engage in a legitimate business and make Ann. Cas. 428, 06 L. R. A. 928, 77 Pac. 924. 
 lawful contracts therein, and is not a proper 
 
 FREE EMPLOYMENT BUREAUS. 
 
 ACT 1374 — An act to establish free emplosmient bureaus under the control and 
 
 management of the commissioner of the bureau of labor statistics, and making an 
 
 appropriation therefor. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 486. 
 
 Free employment bureaus established. 
 
 $ 1. The commissioner of the bureau of labor statistics, hereinafter called "com- 
 missioner," shall establish free employment bureaus in the cities of San Francisco, Los 
 Angeles, Oakland and Sacramento, and thereafter, whenever he deems it necessary, in 
 other cities and towns. 
 
 OflSces, etc. 
 
 $2. The commissioner shall procure, by lease or otherwise, suitable oflBces; incur 
 the necessary expenses in the conduct thereof; appoint the necessary officers, assistants 
 and clerks, and fix the compensation therefor; and promulgate rules and regulations 
 for the conduct of free employment bureaus in order to carry out the purposes of 
 this act. 
 
 Appropriation. 
 
 ^ 3. There is hereby appropriated out of the moneys of the state treasury, not 
 otherwise appropriated, the sum of fifty thousand dollars, to be used by the commis- 
 sioner in carrjdng out the provisions of this act, and the controller is hereby directed 
 trom time to time to draw his warrants on the general fund in favor of the commis- 
 sioner, for the amounts expended under his direction, and the treasurer is hereby 
 authorized and directed to pay the same. 
 
 ENGINEER. 
 
 See tits. "County Engineer"; "State Engineering." 
 
 ESCAPE. 
 See Kerr's Cyc. Penal Code, $§ 105-111; and tit. "Insane Asylums." 
 
 CHAPTER 103. 
 
 ESCHEAT. 
 
 References: Alien claim to escheated estates, see tit. "Aliens." 
 
 Escheated estates, see Kerr's Cyc. Code Civil Procedure, §§ 1269, et aeq. 
 
 CONTENTS OF CHAPTER. 
 ACT 1385. Payment op Judgments Against the State for Estates Under § 1272, C. C. P. 
 
 PAYMENT OF JUDGMENTS UNDER $ 1272, C. C. P. 
 ACT 1385 — An act to provide for the pajonent of awards of court, or judgments, 
 rendered in conformity with the provisions of section twelve hundred and seventy- 
 two of the Code of Civil Procedure, and making an appropriation therefor. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 470. 
 
 I
 
 709 ESTATES OF DECEASED PERSONS. Act 1393, § 1 
 
 Appropriation: from estates of deceased persons fiind to pay claims to escheated 
 estates. 
 
 § 1. From the moneys in the state treasury to the credit of the estates of deceased 
 persons fund there is hereby appropriated the sum of fifteen thousand dollars, to be 
 used exclusively for the purpose of paying to the persons entitled thereto the amounts 
 to them, respectively, awarded by any final order, award, or judgment, made, given or 
 rendered by the court having jurisdiction of any proceeding, or action, instituted in 
 conformity with the provisions of section twelve hundred seventy-two of the Code of 
 Civil Procedure. 
 
 Controller's warrant. 
 
 $ 2. When any such order, award, or judgment has become final, a certified copy 
 thereof shall be filed in the office of the state controller, who shall thereupon draw his 
 warrant upon the said estates of deceased persons fund in favor of the person, or 
 persons, entitled thereto, for the sum awarded to each, respectively, and the state 
 treasurer shall pay the same; provided, however, that the aggregate sum of all war- 
 rants so drawn and paid shall not exceed the amount by this act appropriated. 
 
 Unexpended balance reverts to estates of deceased persons fund. 
 
 $ 3. Any balance of said appropriation remaining unexpended on the first day of 
 September, A. D. 1917, shall, without further action, revert to and become a part of 
 said estates of deceased persons fund. 
 
 ESCONDIDO. 
 
 See Act 3094, note. 
 
 CHAPTER 104. 
 
 ESTATES OF DECEASED PERSONS. 
 
 References: Collection of savings and other bani< deposits, see Kerr's Cyc. Code Civil 
 
 Procedure, § 1454; also, ante, Act 409, § 16. 
 
 Corporations as executor and trustee, see tit. "Corporations," Act. 1034. 
 
 Settlement in general, see Kerr's Cyc. Code Civil Procedure, tits. "Estates of Dece- 
 dents"; "Executors and Administrators"; "Public Administrators"; "Wills." 
 
 Summary sales of mines and mining interests, see Kerr's Cyc. Code Civil Procedure, 
 §§ 1529, et seq. 
 
 CONTENTS OF CHAPTER. 
 ACT 1393. Investment of Moneys in Estates of Deceased Persons Fund, 
 
 INVESTMENT OF MONEYS IN ESTATES OF DECEASED PERSONS FUND. 
 ACT 1393 — An act to provide for the investment of the moneys in the estates of 
 deceased persons fund and also to provide for payment of interest received into the 
 state school fund. 
 
 History: Approved February 22, 1909, Stats. 1909, p. 37. 
 
 Investment of funds. Restriction. 
 
 5 1. Whenever and as often as there is in the state treasury to the credit of the 
 estates of deceased persons fund (in excess of the retention hereinafter provided for) 
 the sum of ten thousand dollars or more, the state board of examiners must invest the 
 same in the bonds of this state, or in the bonds of the United States, or in the bonds 
 of the several counties, city and county, cities or towns, or school districts of this state; 
 the investments to be made in such manner and on such terms as the board shall deem 
 best for the fund ; provided, that no investment shall be made which with the amounts 
 previously invested shall reduce the uninvested portion of the fund below the amount 
 of ten thousand dollars.
 
 Act 1401 GENERAL, LAWS. 7M 
 
 Bonds, interest on, how apportioned. 
 
 § 2, Bonds purchased by the state board of examiners under the provisions of this 
 act must be delivered to the state treasurer, who shall keep them as a portion of said 
 estates of deceased persons fund, and the interest upon such bonds shall be paid into 
 the state school fund and apportioned like other moneys employed for the su^jport of 
 common schools. 
 
 Fund, minimiun amount in. 
 
 § 3. It is the intent of this act that there shall at all times be retained in said estates 
 of deceased persons fund, in the form of cash available for meeting the demands of 
 persons holding legal claims against such fund, the sum of at least ten thousand dollars, 
 and whenever by reason of payments made out of the fund the amount of cash therein 
 shall be reduced below the specified amount of ten thousand dollars, it shall be the duty 
 of the state board of examiners to sell such bonds belonging to said fund as they may 
 deem proper, for the purpose of making good the cash retention of ten thousand dollars. 
 
 $ 4. This act shall take effect from and after its passage, 
 
 CHAPTER 105. 
 
 ESTRAYS. 
 
 References: Animals In general, see tit. "Animals." 
 
 Finder of lost property, including animals, see Kerr's Cyc. Civil Code, §§ 1864, et seq. 
 
 Trespassing animals, see tit. "Trespassing Animals." 
 
 Trespassing animals in particular counties, see particular title. 
 
 See, generally, tits. "Goats"; "Hogs"; "Live Stock"; "Sheep"; "Stallions." 
 
 Editor's Note. — In dealing with the large number of local and special statutes, relating 
 to estrays, trespassing animals, and animals running at large, the code commissioners 
 liave adopted the broad and comprehensive view that all such statutes were repealed 
 by the general repealing act of 1897 (Act 1401, history). While conceding that this is 
 absolutely true as to estray laws, the editor feels some doubt as to laws which are 
 clearly trespass laws, and laws designed to prohibit the use of the private unenclosed 
 lands of another, or public lands, for grazing or pasture purposes, by the animals of a 
 known or unknown owner, entitled acts to prevent certain classes of animals running 
 at large in certain localities. If any of these acts are really estray laws, or have the 
 effect of estray laws, or while providing for trespasses by animals, either upon enclosed 
 or unenclosed lands, provided for taking them up and dealing with them as estray 
 animals, they are perhaps repealed, or repealed so far as they deal with esti'ays, but it 
 is at least doubtful that they are affected as trespass laws or laws prohibiting animals 
 from running at large. This doubt is sufficient to warrant the adoption of the strictest 
 policy of neutrality in dealing with them. Ttiose acts, therefore, entitled as relating 
 to estrays are treated as having been repealed by the general repealing act of 1897, and 
 all laws entitled as relating to trespassing animals or animals running at large are 
 treated as still in force, so far, at least, as that and other general laws on the subject 
 are concerned. The question as to whether they are in force or not will have to be 
 determined judicially, as is proper. 
 
 The code continued all these classes of acts in force, Kerr's Cyc. Political Code, §19. 
 
 CONTENTS OF CHAPTER. 
 ACT 1401. Estray Law op 1901. 
 
 1402. Local Option Estray Law of 1919. 
 
 ESTRAY LAW OF 190L 
 ACT 1401— An act relating to estrays, providing for tak'ng them up and giving a lien 
 on them for all damages, costs, and expenses incurred by reason of taking them 
 up, and repealing all other acts and parts of acts now in force relating to estrays. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 603. Amended 
 March 20, 1905, Stats. 1905, p. 395; March 6, 1907, Stats. 1907, p. 132; 
 April 22, 1909, Stats. 1909, pp. 1060, 1079; May 20, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 636. 
 
 Prior acts: Act of April 19, 1856, Stats. 1856, p. 186. Amended 
 March 28, 1859, Stats. 1859, p. 147; January 24, 1860, Stats. 1860, p. 9; 
 April 4, 1864, Stats. 1863-64, p. 386. Repealed March 27, 1897, Stats. 
 1897, p. 198, which was in turn repealed by the present act. The amend- 
 ing act of 1859 was also supplementary.
 
 ''1 ESTRAYS. Act 1401, §§ 1-3 
 
 Estray animals. 
 
 $ 1. Any person finding at any time any estray domestic animal or animals upon 
 his premises, or upon premises to which he has the right of possession, or upon high- 
 ways adjacent thereto, may take up the same and have a lien thereon for all expenses 
 incurred and costs in keeping and caring for said animal or animals, as hereinafter 
 provided; and no person shall remove them from the possession of the taker-up, or 
 from the possession of the officer to whom they may have been delivered, except as 
 hereinafter provided ; provided, however, in the counties of Trinity, Shasta, Del Norte, 
 Siskiyou, Lassen and Modoc, any person finding at any time any estray domestic animal 
 or animals upon his premises, or upon premises to which he has the right of possession, 
 shall not have the right to take up said domestic animal or animals, nor shall he have a 
 lien thereon for all or any of the expenses incurred and costs in keeping and caring lor 
 said animal or animals, unless said premises are entirely enclosed with a good and sub- 
 stantial fence. [Amendment of May 20, 1915. In effect August 8, 1915. Stats. 191d, 
 p. 636.] 
 
 Notice filed with recorder. Publication of notice. 
 
 $ 2. Any person taking up an estray animal or animals shall confine the same in a 
 secure place, and within five (5) days file with the county recorder or county pound- 
 keeper of the county in which such estray is found, a notice containing a description of 
 the animal or animals taken up, with the marks and brands, if they have any, together 
 with the probable value of each animal, and a statement of the place where the taker-up 
 found, and where he has confined the same. The county recorder or county pound- 
 keeper shall receive for filing said notice the sum of fifty cents. If the value of said 
 animal or animals together exceed ten dollars, said notice must also be published in a 
 paper of general circulation within the county at least once a week for three successive 
 weeks, stating the time on which the animal or animals will be delivered to the con- 
 stable, as provided in section five of this act, or if the finder knows the owner of said 
 animal or the person having charge thereof, then, within five days after said animal is 
 taken up, he shall notify the owner of said animal, or the person having charge thereof, 
 which notice shall contain the same information as the notice to be recorded, and here- 
 inbefore provided, describing said animal so taken up, the date when it was taken up, 
 the place where found, and the place where kept, and no charge shall be made for pre- 
 paring and serving this notice. This notice shall be in lieu of recording a notice for 
 which notice he shall be entitled to the sum of fifty cents. [Amendment of May 20, 
 1915. In effect August 8, 1915. Stats. 1915, p. 637.] 
 
 This section was also amended Marcli 20, 1905, Stats. 1905, p, 395; March 6, 1907, Stats. 
 1907, p. 132; April 22. 1909, Stats. 1909, p. 1079. 
 
 This section was made a part of the local option estray law of 1919 by reference. See 
 Act 1402, § 3. 
 
 Person claiming animal to pay. Damages. 
 
 § 3. At any time within thirty days from the date of the filing of the notice specified 
 in section two of this act, any person claiming such estray animal or animals shall 
 appear and demand from the taker-up the possession thereof, and shall, at the same 
 time, pay the taker-up all damages, expenses and costs incurred by reason of taking up 
 such animal or animals, and upon receiving such damages, exjjenses and costs, the 
 taker-up shall immediately deliver to the party claiming such animal or animals the 
 possession thereof. Such damages, expenses and costs shall be estimated as follows, 
 to wit: 
 
 1. The total amount paid by the taker-up to the county recorder, or county pound- 
 keeper. A reasonable cost for publishing said notice, and a reasonable attorney 's fee 
 for preparing the said notice not to exceed two dollars and fifty cents.
 
 Act 1401, §§4, 5 
 
 GENERAL, LAWS. 
 
 2. The sum of not to exceed fifty cents per day for the keeping and care of each 
 horse, mule, jenny, ass, cow, bull, ox, steer, or calf; 
 
 3. The sum of not to exceed fifteen cents per day for the keeping and care of each 
 sheep, goat, hog, or other animal not hereinbefore specified: provided, that the taker-up 
 of said animal or animals must properly feed and water the same while under his care; 
 and if he fail so to do, shall forfeit all right of lien thereon. [Amendment of May 20, 
 1915. In effect August 8, 1915. Stats. 1915, p. 637.] 
 
 This section was also amended April 22, 1909, Stats. 1909, p. 1080. 
 
 This section was made a part of the local option estray law of 1919, by reference. See 
 Act 1402, § 3. 
 
 Action over damages. 
 
 § 4. If the party claiming such estray animal or animals is dissatisfied with the 
 amount charged by the taker-up for costs and expenses, he shall tender to the taker-up 
 the proper amount therefor, and if the said tender be refused, the party claiming such 
 estray animal or animals shall within ten days thereafter commence, in the proper court, 
 suit against the taker-up for the recovery of the possession of such estray animal or 
 animals, in which said action the taker-up may set forth his expenses and costs, and 
 said matter together with accruing expenses and costs to the time of the entry of the 
 judgment, shall be determined by the court in accordance with the provisions of this 
 act, and the amount of all such expenses and costs, and the costs of said action shall be 
 included in any judgment awarded by said court, and such costs in said action shall be 
 in favor of the plaintiff in said action and against said defendant, if the court shall 
 find that the amount tendered by the plaintiff to the defendant was not less than the 
 proper amount; otherwise said costs shall be in favor of the defendant and against the 
 plaintiff. Without the consent of defendant in any such action, no return of such ani- 
 mal or animals shall be adjudged until the plaintiff shall pay to the defendant or 
 deposit in court payable to him, the amount of all such expenses and costs in said action; 
 and in case such payment or deposit be not made within ten days after the same shall 
 have been determined by the court, or said action be not prosecuted with diligence, then 
 the said action may be dismissed on motion of defendant without notice; in case of such 
 dismissal, the defendant shall have judgment for his costs. In any such action for 
 plaintiff to recover, it shall be incumbent on him to establish an existing right in him- 
 self to the possession of such animal or animals. [Amendment of May 20, 1915. In 
 effect August 8, 1915. Stats. 1915, p. 638.] 
 
 This section was made a part of the local option estray law of 1919, by reference. See 
 Act 1402, § 3. 
 
 Sale of animals not claimed. 
 
 ^ 5. If no person appears and claims the animal or animals taken up within thirty 
 days after the filing of the notice hereinbefore mentioned in section three of this act; 
 or if a person does appear and claims the animal or animals taken up within thirty 
 days after the filing of the notice above referred to, but shall fail to pay to the taker-up 
 the expenses and costs as provided in section three of this act, and shall fail to com- 
 mence and prosecute with diligence an action for the recovery of the possession of such 
 estray animal or animals within the time required by section four of this act; or if said 
 action shall be dismissed; then the taker-up shall, in writing, notify a constable or other 
 officer of the township or county in which said animal or animals are held, which notice 
 shall specify that he has complied with all the provisions of this act, and that a claimant 
 of said animal or animals has failed to appear and claim the same as herein provided, 
 or if he has appeared that he has failed to pay the expenses and costs and has failed to 
 commence or prosecute with diligence an action for the recovery of the possession of 
 such animal or animals within the time and in the manner provided for in this act, or 
 that said action has been dismissed, and that such animal or animals are held by him
 
 ri3 ESTRAYS. Act 1401, §8 6-10 
 
 subject to sale. Said constable, or ofiQcer, shall immediately proceed to sell such animal 
 
 or animals at public sale, in conformity with the law concerning sales on execution, and 
 
 shall be entitled to the same fees as are provided by law for sales under execution. 
 
 [Amendment of May 20, 1915. In effect August 8, 1915. Stats. 1915, p. 638.] 
 
 This section was made a part of the local option estray law of 1919, by reference. Act 
 1402, § 3. 
 
 Disposition of money realized. 
 
 ^ 6. Out of the money realized from the sale of estrays, the constable or other officer 
 shall first retain his fees; he shall then pay to the taker-up his expenses and costs 
 estimated as provided in section 3 of this act, or so much thereof as the funds in his 
 hands will permit, and the surplus, if any, he shall pay to the county treasurer to be 
 held by him for the owner of the estray or estrays for which it was received in pay- 
 ment. If any person or persons shall, within one year thereafter, prove to the satisfac- 
 tion of the board of supervisors of the county in which the estray or estrays were sold, 
 that he or they are entitled to the sum so held by the county treasurer, or any part 
 thereof, the said board of supervisors shall order such sum to be paid over to the person 
 or persons; and if not so proven within one year, then the same shall become a part of 
 the common school fund of said county. [Amendment of May 20, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 639.] 
 
 This section was made a part of the local option estray law of 1919, by reference. See 
 Act 1402, S 3. 
 
 Title to animals sold. 
 
 § 7. All sales made by any constable, or other officer, under the provisions of this 
 
 act, shall convey a good and valid title to the purchaser, and the owner of the estray 
 
 or estrays so sold shall thereafter be barred from all right to recover the same, except as 
 
 provided in section six. [Amendment of May 20, 1915. In effect August 8, 1915. Stats. 
 
 1915, p. 639.] 
 
 This section was made a part of the local option estray law of 1919, by reference. Se« 
 Act 1402, § 3. 
 
 Liability of taker-up. 
 
 § 8. The taker-up of an estray animal or animals shall use reasonable care to pre- 
 serve the same from injury, but if an estray animal or animals die or escape from the 
 possession of the taker-ui3 at any time while he is holding the same under the provisions 
 of this act, the taker-up shall not be held liable in any manner on account of such animal 
 or animals. [Amendment of May 20, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 639.] 
 
 No change was made In this section althoug-h included in the amending act of 1915. 
 
 This section was made a part of the local option estray law of 1919, by reference. See 
 Act 1402. § 3. 
 
 Cities not affected. 
 
 § 9. Nothing in this act shall affect the laws or regulations in force or which may 
 be in force regarding estrays, the poundkeeper, or other pound officer within the limits 
 of any city or town where laws regarding estrays are in force. [Amendment of May 20, 
 1915. In effect August 8, 1915. Stats. 1915, p. 639.] 
 
 No change was made in this section, although included by the amending act of 1915. 
 
 This section was made a part of the local option estray law of 1919, by reference. See 
 Act 1402, i 3. 
 
 Act not repealed. 
 
 ^ 10. Nothing herein contained shall be held, deemed or construed to repeal an act, 
 entitled "An act concerning lawful fences, and animals trespassing upon premises law- 
 fully enclosed," passed March 30, 1850, nor to repeal an act, entitled "An act concerning 
 lawful fences in the counties of San Bernardino, Colusa, Shasta, Tehama and Placer,"
 
 Act 1402, 
 
 1.2 
 
 GENERAL. LA\l'S. 
 
 714 
 
 approved April 18, 1859, in so far as the provisions of said acts, and each thereof, apply 
 to or affect the counties of Trinitj^, Shasta, Del Norte, Siskiyou, Modoc and Lassen, but 
 as to said counties, and each thereof, said acts are hereby expressly continued in force, 
 it being hereby determined that the present conditions prevailing in said counties last 
 named are such as to justify and demand the continued application of said statutes to 
 said counties. [Amendment of May 20, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 639.] 
 
 See tit. "Fences," acts 1492, 1494. 
 
 The amending act of 1915 purports to 
 amend the entire act, and omits entirely 
 section 9a, and contains no reference to the 
 subject-matter thereof. It is therefore 
 omitted here. — See Stats. 1909, p. 1060. 
 
 1. Strict construction of estray statutes. 
 — The act of 1863 (Stats. 186.3, p. 697), and 
 all other statutes prescribing modes by 
 which a party may be divested of his prop- 
 erty without his consent must be strictly 
 construed. — Trumpler v. Bemerly, 39 Cal. 
 490. 
 
 2. Rule of common lavr not abrogated. — 
 This act did not abrogate the rule of the 
 common law as to trespassing animals 
 adopted as to certain counties by the act of 
 1878 (Act 5246c). — Blevins v. Mullally, 22 
 Cal. App. 519, 135 Pac. 307. 
 
 3. Rule of common la^v in force. — It is 
 MOW settled law in California that the com- 
 mon law rule applies in those counties 
 which have been excepted from the opera- 
 tion of the so-called "Fence Law" of 1850 
 (131), the "Estray Act" of 1851 (299) and 
 the successors of those statutes notwith- 
 standing the new "Trespassing Act" of 1907 
 (999), which declares it unlawful for any 
 person In possession of any animal to per- 
 mit it to enter upon the lands of another 
 "in all cases where such land is planted to 
 growing crops," and Is at the time entirely 
 enclosed by a substantial fence or other 
 enclosure. — Montezuma, etc., Co. v. Sim- 
 merly, 58 Cal. Dec. 563. 
 
 4. Repeal of prior estray laT\'s. — The es- 
 tray act of 1915 repeals all "fence laws" in 
 all the counties of this state except the 
 
 six counties specified. — ^Montezuma, etc., Co. 
 v. Simmerly, 58 Cal. Dec. 563. 
 
 .5. Complaint for dnmagres for trespasN 
 of animals. — Allegations of the complaint 
 in this case held to state a cause of action 
 for damages for trespass on unenclosed 
 lands. — Montezuma, etc., Co. v. Simmerly, 
 58 Cal. Dec. 563. 
 
 6. Lien of taker np. — Where stock is 
 properly taken up, the taker up is entitled 
 to a lien under the estray act for the 
 amount of his costs and expenses, until 
 tendered the amount of such costs and ex- 
 penses by the owners in satisfaction of the 
 lien. — Blanchard v. Vandamme, 30 Cal. App. 
 Dec. 768. 
 
 7. Same — Tender of costs and expenses 
 to taker up. — ^The owners of stock properly 
 taken up under the "Estray Act" are not en- 
 titled to the possession of the same so as 
 to entitle them to maintain an action for 
 claim and delivery unless they have paid 
 or tendered the costs and expenses of the 
 taker up, or the latter has waived his lien. 
 — Blanchard v. Vandamme, 30 Cal. App. 
 Dec. 768. 
 
 S. Where the taker np of stock under 
 the "Estray Act" claimed more than he was 
 entitled to under the law, the owner must 
 nevertheless tender an amount to which the 
 taker up is entitled to claim, before he can 
 maintain an action in claim and delivery. — 
 Blanchard v. Vandamme, 30 Cal. App. Dec. 
 768. 
 
 Constitutionality of statutes relating to 
 estrays. — See 8 Am. St. Rep. 271, note. 
 
 LOCAL OPTION ESTRAY LAW OF 1919. 
 ACT 1402 — An act relating to estrays, providing for taking them up and giving a lien 
 on them for damages, costs, and expenses incurred by reason of taking them up. 
 History: Approved May 25, 1919. In effect July 25, 1919. Stats. 
 1919, p. 1150. 
 
 Estray domestic animals may be taken up. 
 
 § 1. Any person finding at any time any estray domestic animal or animals upon his 
 premises, or upon premises to which he has the right of possession, may take up the 
 same and have a lien thereon for all expenses incurred and costs in keeping and caring 
 for said animal or animals, as hereinafter provided; and no person shall remove them 
 from the possession of the taker-up, or from the possession of the officer to whom they 
 may have been delivered, except as hereinafter provided. 
 
 "Premises." Substantial fence defined. 
 
 § 2. Whenever the term "premises" is used in this act, it shall be construed Id 
 mean land entirely enclosed with a good and substantial fence, and none of the provi- 
 sions of this act shall apply to any unfeneed lands. No wire fence shall be deemed a 
 good and substantial fence within the meaning of this act unless the same has three 
 
 i
 
 713 ESTRAYS. Act 1402, §§ 3-7 
 
 tigbtlj' stretched barbed wires securely fastened to posts of reasonable strength, firmly 
 set in the ground not more than one rod apart, one of which wires shall be at least four 
 feet above the surface of the ground ; provided, however, that any kind of wire or other 
 fence of height, strength and capacity, equal to or greater than the wire fence herein 
 described shall also be deemed a good and substantial fence within the meaning of 
 this act. 
 
 Enforcement of lien. 
 
 ^ 3. Any such lien shall be enforced in the manner prescribed by the provisions of 
 sections two to nine inclusive of the act entitled "An act relating to estrays, providing 
 for taking them up and giving a lien on them for all damages, costs, and expenses 
 incurred by reason of taking them up, and repealing all other acts and parts of acts 
 now in force relating to estrays," approved March 23, 1901, as amended, which sec- 
 tions are incorporated herein and made a part hereof. 
 
 Election in supervisorial district to make act operative. 
 
 § 4. The provisions of this act shall not become operative or effective in any super- 
 visorial district until, at a general election or at a special election called for that pur- 
 pose by the board of supervisors, the electors of the district shall have declared by 
 a majority vote in favor thereof. The form of the ballot shall be substantial!}' as 
 folloAvs : 
 
 Shall the provisions of this act 
 become effective? 
 
 YES 
 
 NO 
 
 To vote for making effective the provisions of this act, electors shall stamp a cross 
 in the square opposite the word "Yes" on the ballot. To vote against making effective 
 the provisions of this act, electors shall stamp a cross in the square opposite the word 
 "No." Such an election shall be conducted and the ballots cast thereat, counted, 
 canvassed and returned as in the ease of the election of a member of the county board 
 of supervisors. 
 
 Exceptions. 
 
 § 5. Except in such districts as shall hereafter elect to accept the provisions of this 
 act by the method set forth in section four hereof, none of the provisions of any act 
 of this state relative to or affecting estrays shall be repealed, modified or effected 
 hereby. 
 
 Counties excepted. 
 
 $ 6. None of the provisions of the act shall apply to the counties of Del Norte, 
 Lassen, Modoc, Shasta, Siskiyou or Trinity. 
 
 C onstitutionality . 
 
 ^ 7. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause and phrase thereof, irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses 
 or phrases be declared unconstitutional. 
 
 Conntitutionality of statutes relating to inclusive of the act of 1901 (Act 1401) were 
 estrays. — See 8 Am. St. Rep. 271, note. re-enacted as a part of this act by refer- 
 
 Re-enacted by reference. — Sections 2 to P ence. — See § 3. 
 
 ETNA. 
 
 See Act 3094, note.
 
 Acts 1425,1420 
 
 tilCMilRAl. LAWS. 
 
 71« 
 
 CHAPTER 106. 
 EUREKA. 
 
 CONTENTS OF CHAPTER. 
 ACT 1425. Freeholders' Charter of Eureka. 
 
 1426. Legalizing the Murray Survey of Clark's Addition. 
 
 1427. Ceding the Water Front to Eureka. 
 
 1429. Creating a Police Court. 
 
 1430. Tide and Submerged Land Grant. 
 
 FREEHOLDERS' CHARTER. 
 ACT 1425— Charter of the city of Eureka. 
 
 History: Voted for and ratified at a special election held January 26. 
 1895. Approved February 8, 1895. Amended February 25, 1907, Stats. 
 1907, p. 1172; March 24, 1911, Stats. 1911, p. 2036; March 31, 1913, 
 Stats. 1913, p. 1544; January 25, 1917, Stats. 1917, p. 1742. Eureka 
 was originally incorporated April 18, 1856, Stats. 1856, p. 103. Amended 
 February 14, 1857, Stats. 1857, p. 22. Repealed by the act of April 9, 
 1859, Stats. 1859, p. 192, reincorporating the town. This last act was 
 amended March 13, 1862, Stats. 1862, p. 55; March 12, 1864, Stats. 
 1863-64, p. 165; March 1, 1872, Stats. 1871-72, p. 186, and repealed by 
 the act of reincorporation of February 10, 1874, Stats. 1873-74, p. 91. 
 This last act was amended March 18, 1876, by a supplementary act of 
 that date. Stats. 1875-76, pp. 333-334, and was superseded by the present 
 charter. The act of March 8, 1878, Stats. 1877-78, p. 184, empowering 
 the common council to set as a board of equalization, was superseded 
 by the charter. 
 
 1. HarJior commissioners — Provisions of 
 code not superseded. — The charter does not 
 have the effect of superseding- the sections 
 of the Political Code relating to the harbor 
 commissioners and the harbor master. — 
 Quigg- V. Evans. 121 Cal. 546, 53 Pac. 1093. 
 
 2. Dedication of A street. — The act of 
 the legislature in incorporating the town 
 of Eureka did not operate as a dedication 
 of A street in said town, named therein as 
 a part of the boundary of the town. — City 
 of Eurel^a v. McKay & Co., 123 Cal. 666, 56 
 Pac. 439. 
 
 3. City council as board of equalization. 
 — Where the charter makes the general law 
 of taxation and revenue applicable to the 
 city, the city council have the same power 
 as the county supervisors as to equaliza- 
 tion in cases of undervaluation, and may 
 make a special contract for an abstract of 
 the assessment roll, with comparisons with 
 the county assessment roll and maps and 
 other data relative to undervaluation to 
 facilitate the performance of their work, 
 and to order payment of compensation- 
 therefore out of the city treasury. — Maurer 
 V. Weatherby, 1 Cal. App. 243, 81 Pac. 1083. 
 
 4. Journal of city council — Record of 
 Ayes and Noes. — The provision of the char- 
 ter that a journal of the proceedings of the 
 city council be kept by the city clerk, and 
 that the ayes and noes be taken and en- 
 
 tered therein in the final action upon the 
 making of contracts is complied witli, 
 where the journal record as kept that a 
 regular adjourned meeting of the council 
 was held on the date specified, that certain 
 members of the council were present com- 
 prising a quorum thereof, that the Mayor 
 and a councilman were absent, and that all 
 present voted in favor of the measure speci- 
 fied. — Goodyear, etc., Co. v. Eureka, 135 
 Cal. 613, 67 Pac. 1043. 
 
 5. Contracts — Provisions of cliarter as 
 to making', to be read togctiier. — The sev- 
 eral sections of the charter relating to the 
 making of a contract must be read together, 
 and so read, the countersigning by the 
 finance committee, and the numbering and 
 registering of the contract is not one of the 
 essentials to the validity of a contract. — 
 Goodyear, etc., Co. v. Eureka, 135 Cal. 613, 
 67 Pac. 1043. 
 
 6. Contracts — To be in writing. — ^Where 
 the charter contains a valid, stringent, and 
 prohibitive provision requiring city con- 
 tracts to be in writing, or under tlie author- 
 ity of a special ordinance, a contract for 
 city printing, not made as required, though 
 made to the lowest bidder and under sealed 
 proposals, is Invalid, and not binding upon 
 the city. — Times Publishing Co. v. Weath- 
 erby, 139 Cal. 618, 73 Pac. 465, 
 
 LEGALIZING THE MIIRRAY SURVEY. 
 ACT 1426 — An act to legalize the survey of Clark's addition to. 
 
 History: Approved March 26, 1870, Stats. 1869-70. p. 
 
 395. 
 
 This act legalized the so-called MLUiay survey of Clark's addition to Che town of Eurelca.
 
 717 ErREKA. Acts 1427-1430, § 1 
 
 CESSION OF WATER FRONT TO EUREKA. 
 ACT 1427 — An act to cede certain property to the town of Eureka. 
 
 History: Approved March 13, 1857, Stats. 1857, p. 76. 
 
 This act ceded to Eureka the entire to the city the entire matter of dedication 
 
 waterfront of the town. of streets over and across the lands so 
 
 1. The act of 1S57 ceding the water front ceded. — City of Eureka v. McKay & Co., 123 
 
 and adjacent marsh lands to Eureka left Cal. 666, 56 Pac. 439. 
 
 CREATING A POLICE COURT. 
 ACT 1429 — An act to establish a police court in and for the city of Eureka. 
 History: Approved March 26, 1895, Stats. 1895, p. 91. 
 
 Eureka police court. 
 
 $ 1. A police court is hereby established within and for the city of Eureka in said 
 state of California, which shall be piresided over by the police judge. The police court 
 shall have and exercise the jurisdiction, powers, and duties as prescribed in the Code 
 of Civil Procedure and the Political Code of the state of California, and the charter 
 and ordinances of the said city of Eureka; and all proceedings therein shall be had in 
 conformity with the provisions of the various codes of this state. 
 
 $ 2. This act shall take effect immediately. 
 
 1. Charter provision creating police court. 2. Police conrt. — The charter of Eureka 
 — If the charter provision creating a police made provision for a police court; but sec- 
 court had been made pursuant to the au- tion 8^, article XI, of the constitution had 
 thorization of section 8^4, article XI of the not then been adopted, and the charter 
 constitution, it would not only have been provisions were inoperative, and the sub- 
 valid, but the legislature would have had sequent adoption of that section, author- 
 no power to pass this act; or, if the act izing the establishment of such courts by 
 had already become a law upon the adop- freeholder charters, did not revive or vali- 
 tion of the charter provision, the latter date the charter provision which was void 
 would have superseded the act. — Fleming from its inception. — Fleming v. Hauce, 153 
 V. Hauce, 153 Cal. 162, 94 Pac. 620. See, also, Cal. 162, 94 ac. 620. See, also, Ex parte 
 Graham v. Mayor, etc., of Fresno, 151 Cal. Sparks, 120 Cal. 395, 52 Pac. 715. 
 465, 91 Pac. 147. 
 
 TIDE AND SUBMERGED LAND GRANT. 
 
 ACT 1430 — An act granting to the city of Eureka tide and submerged lands of the 
 
 state of California, including the right to wharf out therefrom to the city of Eureka, 
 
 and regulating the management, use and control thereof. 
 
 History: Approved May 15, 1915. In effect August 8, 1915. Stats. 
 1915, p. 724. 
 
 Tide lands granted Eureka. 
 
 § 1. There is hereby granted to the city of Eureka, a municipal corporation of 
 the state of California, and to its successors, all the right, title and interest of the 
 state of California, held by said state by virtue of its sovereignty, in and to all tide 
 and submerged lands, whether filled or unfilled, situate in the county of Humboldt, 
 state of California, and described as follows, to wit : 
 
 Boundaries. 
 
 Beginning at the comer common to sections 14, 15, 22 and 23, T. 5 N., R. 1 W., 
 H. M. ; thence north between sections 14 and 15, T. 5 N., R. 1 W., H. M., 1,167.24 feet 
 to the United States bulkhead line (established by the United States government for 
 the harbor lines of Humboldt bay) said bulkhead line being the south line of Areata 
 channel; thence along said United States bulkhead line N. 68° 37' 20" E. 251.37 feet; 
 N". 62° 49' 05" E. 503.05 feet; N. 54° 30' 36" E. 1,559.20 feet to the end of said bulkhead 
 line as established at present; thence continuing along the low water line of Humboldt
 
 Act 1-130, § 1 GENKRAL. LA^VS. TIS 
 
 bay or the south margin of the Areata channel N. 57° 54' 36" E. 2,140.31 feet; thence 
 leaving said south margin of Areata channel and run S. 27° 49' 46" E. 2,090.27 feet; 
 thence S. 67° 16' W. 2,580.85 feet to the end of the present bulkhead line as established 
 along the north margin of Eureka channel by the United States government; thence 
 along said United States government bulkhead line above mentioned S. 65° 02' 57" W. 
 2.069.85 feet to the section line running between sections 22 and 23, T. 5 N., R. 1 W., 
 H. M. ; thence north along said section line 411.35 feet to the point of beginning, con- 
 taining 189.10 acres; provided, that all that portion of land within the above described 
 property conforming to the following description, to wit: All that portion of Woodley 
 island lying east of the section line between sections 14 and 15 and 22 and 23, T. 5 N., 
 R. 1 W., H. M., and claimed by Carson, Ohman and Elsemore, consisting of 14.8 acres, 
 and all that portion of Daby island within the above-mentioned descrijjtion claimed by 
 Thomas Bair, consisting of 18.1 acres, shall be excluded from this conveyance, leaving 
 thereby subject to this grant a net acreage of 156.2 acres. 
 
 Said lands shall be forever held by said city, and by its successors, in trust for the 
 uses and purposes, and upon the express conditions following, to wit : 
 
 Purposes for which held. Maximum term of lease. Persons now in possession. 
 
 That said lands shall be used by said city and its successors, solely for the establish- 
 ment, improvement and conduct of a harbor, and for the construction, maintenance and 
 operation thereon of wharves, docks, piers, slips, quays, and other utilities, structures 
 and appliances necessary or convenient for the promotion and accommodation of com- 
 merce and navigation, and said city, or its successors, shall not, at any time, grant, con- 
 vey, give or alien said lands, or any part thereof, to any individual, firm or corporation for 
 any purpose whatever; provided, that said city, or its successors, may grant franchises 
 thereon, for limited periods, for wharves and other public uses and purposes, and may 
 lease said lands, or any part thereof, for limited periods, for purposes consistent with 
 the trusts upon which said lands are held by the state of California and with the 
 requirements of commerce or navigation at said harbor, for a term not exceeding 
 twenty-five years, and on such other terms and conditions as said city may determine, 
 including a right to renew such lease or leases for a further term not exceeding twenty- 
 five years or to terminate the same on such terms, reservations and conditions ais may be 
 stipulated in such lease or leases, and said lease or leases may be for any and all 
 purposes which shall not interfere with navigation or commerce, with reversion to said 
 city on the termination of such lease or leases of any and all improvements thereon, 
 and on such other terms and conditions as the said city may determine, but for no 
 purpose which will interfere with navigation or commerce; subject also to a reserva- 
 tion in all such leases or such wharfing out privileges of a street, or of such other 
 reservation as the said city may determine for sewer outlets, and for gas and oil 
 mains, and for hydrants, and for electric cables and wires, and for such other conduits 
 for municipal purposes, and for such public and municipal purposes and uses as may 
 be deemed necessary by the said city; provided, however, that each person, firm or 
 corporation or their heirs, successors or assigns now in possession of land or lands 
 abutting on said lands within the boundaries of the city of Eureka, shall have a right 
 to obtain a lease for a term of twenty-five years from said city of said land and 
 wharfing out privileges therefrom with a right of renewal for a further term of 
 twenty-five years pursuant to the provisions of this act and on such terms and con- 
 ditions as said city may determine and specify, subject to the right of said city to 
 terminate said lease at the end of the first twenty-five years or refuse to renew the 
 same, or to terminate the lease so renewed during the term of such renewed lease on 
 such just and reasonable terms for compensation for improvements at the then value of 
 said improvements as said city may determine and specify. 

 
 719 EUREKA* Act 1430, § 1 
 
 Quitclaim to city. 
 
 Upon obtaining such lease and w^harfing out privileges such person, firm or cor- 
 poration, their heirs or assigns, shall quitclaim to said city any right they or any of 
 them may claim or have to the said lands hereby granted. 
 
 This grant shall carry the right to such city of the rents, issues and profits in any 
 manner hereafter arising from the lands or wharfing out privileges hereby granted. 
 
 State's right to use docks. 
 
 The state of California shall have, at all times, the right to use, without charge, all 
 wharves, docks, piers, slips, quays and other improvements constructed on said lands 
 or any part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California. 
 
 No discrimination in rates. 
 
 No discrimination in rates, tolls or charges or in facilities for any use or service in 
 connection therewith shall ever be made, authorized or permitted by said city or its 
 successors in the management, conduct or operation of any of the utilities, structures 
 or appliances mentioned in this section. 
 
 Right to fislL 
 
 There is hereby reserved in the people of the state of California the right to fish 
 in the waters on which said lands may front with the right of convenient access to said 
 waters over said lands for said purpose. 
 
 EXETER. 
 See Act 3094, note.
 
 Act 1434. g§ 1-3 GEN£:RAL. LAWS. 720 
 
 CHAPTER 107. 
 
 EXPLOSIVES. 
 
 References: Bringing explosives into jaiis and other Institutions, see Kerr's Cyc. Ponal 
 Code, § 171a. 
 Burglary witli explosives, see Kerr's Cyc. Penal Code, § 464. 
 Fishing, use of, for, see Kerr's Cyc. Penal Code, § 635. 
 Keeping, carrying, etc., in cities, see Kerr's Cyc. Penal Code, § 375. 
 Malicious use of, etc., see Kerr's Cyc. Penal Code, § 601. 
 Railroad track, placing on, see Kerr's Cyc. Penal Code, § 218. 
 Record of sales of, see Kerr's Cyc. Penal Code, § 375a. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1434. Pkotection of Life and Property Against Careless and Malicious Use. 
 1435. Transportation, Storage and Sale of Explosives. 
 
 PROTECTION OF LIFE AND PROPERTY AGAINST USE OF EXPLOSIVES. 
 
 ACT 1434 — An act to protect life and property against the careless and malicious use 
 
 or handling of dynamite and other explosives. 
 
 History: Approved March 12, 1887, Stats. 1887, p. 110. §§ 1, 2, 3, 4 
 were codified by § 375a, Penal Code, § 8 by § 601, Penal Code. 
 
 Keep record of sales. 
 
 § 1. It. is the duty of each and every person, contractor, firm, association, joint stock 
 company, and corporation, manufacturing, storing, selling, transferring, disposing of, or 
 in any manner dealing in or with or using or giving out, nitro-glycerine, dynamite, 
 vigorite, hercules powder, giant powder, or other high explosive, by whatever name 
 known, to keep at all times an accurate journal, or book of record, in which must be 
 entered, from time to time, as they are made, each and every sale, delivery, transfer, 
 gift, or other disposition made by such person, firm, association, joint stock company, 
 or corporation, in the course of business or otherwise, of any quantity of such explosive 
 substance. 
 
 This section was codified by i 375a, Penal Code. 
 
 What record must show. 
 
 § 2, Such journal or record book must show, in a legible handwriting to be entered 
 therein at the time, a complete history of each transaction, stating the name and quan- 
 tity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; 
 the name, place of residence, or business of the purchaser or transferee; the name of 
 the individual to whom delivered, with his or her address, with a description of such 
 individual sufficient to provide for identification. 
 
 This section was codified by § 375a, Penal Code. 
 
 Records subject to examination of peace of&cer. 
 
 $ 3. Such journal or record book must be kept, by the person, firm, association, joint 
 stock company, or corporation so selling, delivering, or otherwise disposing of such 
 explosive substance or substances, in his or their principal office or place of business, 
 at all times subject to the inspection and examination of the peace officers or other 
 police authorities of the state, county, city and county, or municipality where the same 
 is situated, on proper demand made therefor, any failure or neglect to keep such book, 
 or to make the proper entries therein at the time of the transaction, as herein provided, 
 or to exhibit the same to the peace officers or other police authorities on demand, shall 
 be deemed a misdemeanor, and punished accordingly. 
 
 This section was codified by S 375a, Penal Code. 
 
 I
 
 721 EXPLOSIVES. Act 1434, §§ 4-8 
 
 Forfeiture in addition to punishment. 
 
 $ 4. In addition to such punishment, and as a cumulative penalty, such person, firm, 
 association, joint stock company, or corporation so offending, shall forfeit, for each 
 offense, the sum of two hundred and fifty dollars, to be recovered in any court of com- 
 petent jurisdiction, by action at law. The party so instituting such actions shall not be 
 entitled to dismiss the same without consent of the court before which the suit has 
 been instituted. Nor shall any judgment recovered be settled, satisfied, or discharged, 
 save by order of such court, after full payment into court, and all moneys so collected 
 shall be paid to the party bringing the suit. 
 
 This section was codified by § 375a, Penal Code. 
 
 Prohibiting reckless possession of explosives. 
 
 § 5. Any person who, in the public street or any highway of any county, city and 
 county, city, or town or city, or at, in, or near to any theater, hall, public or private 
 school, or college, church, hotel, or other public building, or at, in, or near to any 
 private habitation or in, on board of, or near any railway passenger train, or car or 
 train, or cable road, or car of the same, or steam or other vessel, engaged in carrying 
 passengers, or ferryboat, or other public place where human beings ordinarily pass and 
 repass, shall recklessly or maliciously have in his or her possession any dynamite, nitro- 
 glycerine, vigorite, hercules powder, giant powder, or other high explosives; or who shall 
 recklessly or maliciously by use of such means intimidate, terrify, or endanger any 
 human being, is guilty of a felony, and on conviction shall be punished accordingly. 
 
 Defining reckless possession. 
 
 § 6. Any person not regularly engaged in the manufacture, sale, transportation, or 
 legitimate use in blasting operations, or in the arts, of such substances as are named in 
 this act, shall be presumed (prima facie) to be guilty of a reckless and malicious pos- 
 session thereof, within the meaning of the foregoing section, if any such substance is 
 found upon him, or in his possession, in any of the places, or under any of the circum- 
 stances specified in the preceding section. 
 
 Punishment for unlawful possession. 
 
 § 7. No person may knowingly keep or have in his or her possession any dynamite, 
 vigorite, nitro-glycerine, giant powder, hercules powder, or other high explosives, except 
 in the regular course of business carried on by such person, either as a manufacturer 
 thereof or merchant dealing in the same, or for use in legitimate blasting operations, or 
 in the arts, or while engaged in transporting the same for others, or as the agent or 
 employee of others engaged in the course of such business or operations. Any other 
 possession of any such explosive substances as are named in this act is unlawful; and 
 the person so unlawfully possessing it shall be punished by imprisonment in the state 
 prison not exceeding five years, or by fine not exceeding five thousand dollars, or by 
 both such fine and imprisonment. 
 
 Malicious deposit. 
 
 $ 8. Any person who maliciously deposits or explodes, or who attempts to explode, 
 at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable road, or 
 any train or car, or any depot, stable, ear-house, theater, schoolhouse, church, dwelling- 
 house, or other place where human beings usually inhabit, assemble, frequent, or pass 
 and repass, any dynamite, nitro-glycerine, vigorite, giant or hercules powder, gun- 
 powder, or other chemical compound, or other explosive, with the intent to injure or 
 destroy such building, vessel, boat, or other structure, or with the intent to injure, 
 intimidate, or terrify any human being or by means of which any human being is 
 
 Gen. Laws — 46
 
 Act 1435, 9 1 
 
 UENFRAL LAWS. 
 
 TZ»^ 
 
 injured or endangered, is guilty of a felony, and on conviction thereof shall be pun- 
 ished by imprisonment in the state prison not less than one year. 
 This section was codified by S 601, Penal Code, as amended In 1913. 
 Transportation of high explosives. 
 
 $ 9. Any person, fiim, or corporation, who shall take, carry or transport, or cause to 
 be taken, carried, or transported, any dynamite, vigorite, nitro-glycerine, hercules or 
 giant powder, or other high explosive, into the limits of, or through, or across any 
 incorporated city or town of this state, or into, through, or across any harbor for ship- 
 ping, in any manner, condition, or quantity, or otherwise, in violation of the laws or 
 ordinances of such city or town, or of the laws or regulations governing such harbor, 
 shall, in addition to the penalties provided or imposed by such laws, ordinances, or 
 regulations, forfeit to the state of California all such explosive substances, as well as 
 the cases inclosing the same. Such forfeiture may be sued for by any citizen of the 
 state, for himself and the state; and the goods or property, when so forfeited and 
 recovered by judgment of the court, shall be sold, and the proceeds divided, the citizen, 
 BO suing taking one-half to himself for his own benefit, and paying the other half into 
 the state treasury. Such action may be maintained in any court of competent juris- 
 diction; provided, that the state shall never be liable to any cost or expense for any 
 such suit or proceeding. 
 Police ofacer may sue for forfeitures. 
 
 § 10. Any of the forfeitures provided for in this act may be taken advantage of, and 
 sued for and recovered, by any peace officer or policeman, member of the police force of 
 any city, city and county, or town where the same arises, for his own benefit, notwith- 
 standing any law, ordinance, or rule to the contrary. 
 
 $ 11. This act shall take effect and be in force from and after its passage. 
 
 Code commissioners' notes. — The code 
 commissioners say of § 375a, Penal Code: 
 "This is a codification of §§ 1, 2, 3, and 4 of 
 the statute of 1887. p. 10." 
 
 Of § 601, Penal Code they say: "The sec- 
 tion Is amended to conform it to § 8 of the 
 statute of 1887, p. 110, to protect life and 
 property against the careless and malicious 
 use or handling of dynamite and other ex- 
 plosives." 
 
 While this Is probably true now, since 
 the amendment of 1913 to the section, it 
 was probably not true before. — See In re 
 Mitchell, 1 Cal. App. 396, 82 Pac. 347. 
 
 1. Rule of construction of penal statutes. 
 The rule of construction adopted in sec- 
 tion 4 of the Penal Code, applies to all 
 penal statutes whether in or out of the 
 code, including this act. — In re Mitchell, 1 
 Cal. App. 396, 82 Pac. 347. 
 
 TRANSPORTATION, STORAGE AND SALE OF EXPLOSIVES. 
 ACT 1435 — An act relating to explosives and prescribing regulations for the transpor- 
 tation, storage and selling of explosives, and providing penalties for the violation 
 of this act. 
 
 History: Became a law under constitutional provision without gov- 
 ernor's approval March 21, 1911, Stats. 1911, p. 391. Amended May 18, 
 1917. In effect July 27, 1917. Stats. 1917, p. 695; May 2, 1919. In effect 
 July 22, 1919. Stats." 1919, p. 148. 
 
 Definitions. 
 
 § 1. The term "explosive" or "explosives" whenever used in this act shall include! 
 gunpowder, blasting powder, dynamite, guncotton, nitroglycerine or any compound 
 
 2. Construction — "Place v^here Knman 
 beings usually pass or repass." — A work- 
 ing mine, constructed with shafts, tunnels, 
 levels, stopes, excavated chambers, and 
 stulls to hold up the rock and dirt over- 
 head, is a structure, and a "place where 
 human beings usually . . . pass or re- 
 pass," within the meaning of section 8 of 
 the act. — In re Mitchell, 1 Cal. App. 396, 82 
 Pac. 347. 
 
 3. Purpose of act. — The act seeks to 
 remedy the malicious explosion of dyna- 
 mite and other enumerated explosives, with 
 intent to injure property and other human 
 beings, and it Is applicable to a working 
 mine, although it does not mention the 
 word, "mine." — In re Mitchell, 1 Cal. App. 
 896. 82 Pac. 347.
 
 T23 EXPLOSIVES. Act 1435. § 3 
 
 thereof, fulminate, and every explosive substance having an explosive power equal to or 
 greater than black blasting powder, and any substance intended to be used by exploding 
 or igniting the same to produce a force to propel missiles, or rend apart substances, but 
 does not include said substances, or any of them, in the form of fixed ammunition for 
 small ai-ms. The term "person" whenever used herein shall be held to include coii^ora- 
 tions as well as natural persons; words used in the singular number to include the 
 plural and the plural the singular. The words ** explosive manufacturing plant" shall 
 be understood to include all the land used in connection with the manufacture and 
 storage of explosives thereat. 
 
 Inclosure and storage. 
 
 $ 2. Except only at an explosive manufacturing plant, no person shall have, keep or 
 store, at any place within this state, any explosives, unless such explosives are com- 
 pletely inclosed and incased in tight metal, wooden or fiber containers, and, except while 
 being transported, or within the custody of a common carrier pending delivery to con- 
 signee, shall be kept and stored in a magazine constructed and operated as hereinafter 
 described, and no person having in his possession or control, any explosives, shall under 
 any circumstances permit or allow any grains or particles thereof to be or remain on 
 the outside or about the containers, in which such explosives are contained. 
 
 Magazine. 
 
 § 3. Magazines in which explosives may lawfully be stored or kept shall be two 
 classes, as follows: 
 
 First class. 
 
 (a) Magazines of the first class shall consist of those containing explosives exceeding 
 one hundred pounds, and shall be constructed wholly of brick, wood covered with iron 
 or other fireproof material, and must be fireproof, and, except magazines where gun- 
 powder or black blasting powder only is stored must be bullet proof, and shall have uo 
 openings except for ventilation and entrance. The doors of such magazines must be 
 fireproof and bullet proof, and at all times kept closed and locked, except when neces- 
 sarily opened for the purpose of storing or removing explosives therein or therefrom 
 by persons lawfully entitled to enter the same. Every such magazine shall have suffi- 
 cient openings for ventilation thereof, which must be screened in such manner as to 
 prevent the entrance of sparks or fire through the same. Upon each side of such 
 magazine there shall at all times be kept conspicuously posted a sign, with the words 
 "magazine," "explosives," "dangerous," legibly printed thereon in letters not less 
 than six inches high. No matches, fire or lighting device of any kind except electric 
 light shall at any time be permitted in any such magazines. No package of explosives 
 shall at any time be opened in any magazine. No blasting caps, or other detonating 
 or fulminating caps, or detonators, or electric fuzees, shall be kept or stored in any 
 magazine in which explosives are kept or stored, but such caps, detonators or fuzees 
 may be kept or stored in a magazine constructed as above provided which must be 
 located at least one hundred feet from any magazine in which explosives are kept or 
 stored. Magazines in which explosives are kept or stored must be detached and must 
 be located at least one hundred feet from any other structure. 
 
 Quantity depends on distance from buildings, etc. 
 
 (b) On and after January 1, 1919, the quantity of explosives that may be lawfully 
 had, kept or stored in any magazine shall depend upon the distance that such maga- 
 zine is situated from buildings, highways, or railroads, and upon the protection afforded 
 by natural or efficient artificial barricades to such buildings, highways or railroads. 
 Whenever any of the quantities given in column one of the quantity and distance table 
 hereinafter set forth is had, kept or stored in any magazine in this state, the distance
 
 Act 1435, S 3 
 
 CEIVKRAI, I-AWS. 
 
 T24 
 
 that any quantity given in column one of said table may be lawfully had, kept or 
 stored from buildings is the distance set opposite said quantity in column two of said 
 table, and the distance that any quantity in column one of said table, may be law- 
 fully had, kept or stored from railroads is the distance set opposite said quantity in 
 column three of said table, and the distance that any quantity given in column one 
 of said table may be lawfully had, kept or stored from highways is the distance set 
 opposite said quantity in column four of said table. The quantity and distance table 
 governing the keeping or storing of explosives is as follows: 
 
 Quantity and distance table. 
 
 
 Column 1 
 
 
 Column 2 
 
 Column 3 
 
 Column 4 
 
 Quantity that may be 
 
 lawfully kept or stored 
 
 
 
 
 frum nearest building 
 
 , highway or railroad 
 
 Distance 
 
 from 
 
 nearest 
 
 building, 
 
 feet 
 
 Distance 
 
 from 
 
 nearest 
 
 railroad, 
 
 feet 
 
 Distance 
 
 from 
 nearest 
 
 Blasting caps 
 
 Other explosives 
 
 Number 
 
 Number 
 
 Pounds 
 
 Pounds 
 
 highway, 
 feet 
 
 over 
 
 not over 
 
 over 
 
 not over 
 
 1 000 
 
 5,000 
 10,000 
 20,000 
 
 
 
 30 
 
 20 
 
 10 
 
 5',000 
 10,000 
 20,000 
 
 
 
 60 
 
 40 
 
 20 
 
 
 
 120 
 
 70 
 
 35 
 
 25,000 
 
 
 5 o" 
 
 145 
 
 90 
 
 45 
 
 25,000 
 
 50,000 
 
 Vo" 
 
 100 
 
 240 
 
 140 
 
 70 
 
 50,000 
 
 100,000 
 
 100 
 
 200 
 
 360 
 
 220 
 
 110 
 
 100,000 
 
 150,000 
 
 200 
 
 300 
 
 520 
 
 310 
 
 150 
 
 150,000 
 
 200,000 
 
 300 
 
 400 
 
 640 
 
 380 
 
 190 
 
 200,000 
 
 250,000 
 
 400 
 
 500 
 
 720 
 
 430 
 
 220 
 
 250,000 
 
 300,000 
 
 500 
 
 600 
 
 800 
 
 480 
 
 240 
 
 300,000 
 
 350,000 
 
 600 
 
 700 
 
 860 
 
 520 
 
 260 
 
 350,000 
 
 400,000 
 
 700 
 
 800 
 
 920 
 
 550 
 
 280 
 
 400,000 
 
 450,000 
 
 800 
 
 900 
 
 980 
 
 590 
 
 300 
 
 450,000 
 
 500,000 
 
 900 
 
 1,000 
 
 1,020 
 
 610 
 
 310 
 
 500.000 
 
 750,000 
 
 1,000 
 
 l,5bO 
 
 1,060 
 
 640 
 
 320 
 
 750,000 
 
 1,000,000 
 
 1,500 
 
 2,000 
 
 1,200 
 
 720 
 
 360 
 
 1,000,000 
 
 1,500,000 
 
 2,000 
 
 3,000 
 
 1,300 
 
 780 
 
 biiO 
 
 1,500,000 
 
 2,000,000 
 
 3,000 
 
 4,000 
 
 1,420 
 
 850 
 
 420 
 
 2,000,000 
 
 2,500,000 
 
 4,000 
 
 5,000 
 
 1,500 
 
 900 
 
 450 
 
 
 
 5,000 
 
 6,000 
 
 1.560 
 
 940 
 
 470 
 
 
 
 6,000 
 
 7,000 
 
 1,610 
 
 970 
 
 490 
 
 
 
 7,000 
 
 8,000 
 
 1,660 
 
 1,000 
 
 500 
 
 
 
 8,000 
 
 9,000 
 
 1,700 
 
 1,020 
 
 510 
 
 
 
 9,000 
 
 10,000 
 
 1,740 
 
 1,040 
 
 520 
 
 
 
 10,000 
 
 20,000 
 
 1,780 
 
 1,070 
 
 530 
 
 
 
 20,000 
 
 30,000 
 
 2,110 
 
 1,270 
 
 630 
 
 
 
 30,000 
 
 40,000 
 
 2,410 
 
 1,450 
 
 720 
 
 
 
 40,000 
 
 50,000 
 
 2,680 
 
 1,610 
 
 800 
 
 
 
 50,000 
 
 60,000 
 
 2,920 
 
 1,750 
 
 880 
 
 
 
 60,000 
 
 70,000 
 
 3,130 
 
 1,880 
 
 940 
 
 
 
 70,000 
 
 80,000 
 
 3.310 
 
 1,990 
 
 1,000 
 
 
 
 80,000 
 
 90,000 
 
 3,460 
 
 2,080 
 
 1,040 
 
 
 
 90.000 
 
 100,000 
 
 3,580 
 
 2,150 
 
 1,080 
 
 
 
 100,000 
 
 200,000 
 
 3.800 
 
 2,280 
 
 1,140 
 
 
 
 200,000 
 
 300,000 
 
 4,310 
 
 2,590 
 
 1,300 
 
 1 
 
 Distances reduced one-half when. 
 
 Whenever the building, railroad or highway to be protected is effectually screened 
 from the magazine, where explosives are had, kept or stored, either by natural features 
 of the ground or by an efficient artificial barricade of such height that any straight 
 line drawn from the top of any side wall of the magazine to any part of the building 
 to be protected, will pass through such intervening natural or efficient artificial barri- 
 cade, and any straight line drawn from the top of any side wall of the magazine to 
 any point twelve feet above the center of the railroad or highway to be protected will 
 pass through such intervening natural or efficient artificial barricade, the applicable 
 distances given in column two, three and four of the quantity and distance table may 
 be reduced one-half.
 
 725 E:XPL0SIVE:S. Act 14t\i, § 3 
 
 Table not applicable, when. 
 
 Whenever the building, railroad or highway to be protected is effectually screened 
 from the magazine, where explosives are had, kept or stored by a natural barrier which, 
 at any one point thereon, is forty feet or more in height above a straight line drawn 
 from the top of any side wall of the magazine to any part of the building to be pro- 
 tected or to any point twelve feet above the center of the railroad or highway to be 
 protected, which natural barrier has a natural thickness of not less than two hundred 
 feet where the same is intersected by the straight line drawn as aforesaid then, the 
 quantity and distance table shall not be applicable to such magazine. 
 
 Quantity reduced, when. 
 
 If at any time the distances from a magazine to a building, highway or railroad 
 be decreased through the construction of a new building, highway or railroad or by 
 any other means, then the amounts of explosives which may be lawfully had, kept 
 or stored in said magazine must be reduced to correspond with the quantity and dis- 
 tance table; provided, in the case of a new building, that the same is constructed in 
 good faith for any of the purposes specified in the following paragraph, and not with 
 intent to annoy, harass, oppress or hinder the owner of said magazine. 
 
 "Building." 
 
 The term "building" when used in the foregoing table shall be held to mean and 
 include only any building regularly occupied in whole or in part as a habitation for 
 human beings, and any store, church, schoolhouse, railway station or other public 
 place of assembly. 
 
 "Highway." 
 
 The term "highway" when iTsed in the foregoing table shall be held to mean public 
 streets or public roads, and shall not include roads constructed and maintained by 
 private persons. 
 
 "Railroad." 
 
 The term "railroad" when used in the foregoing table shall be held to mean and 
 include any steam, electric or other railroad that carries passengers or articles of 
 commerce for hire. 
 
 "Efficient artificial barricade." 
 
 The term "efficient artificial barricade" when used in the foregoing shall be held 
 to mean an artificial mound or properly revetted wall of earth of a thickness of not 
 less than three feet. The provisions of this subsection (b) shall not apply to mining 
 or quarrying operations. Nothing contained in this subsection (b) shall be held to 
 prohibit the keeping or storing of explosives at any explosive manufacturing plant 
 which was actually used in manufacturing explosives prior to the fifteenth day of 
 April, 1917. 
 
 Magazines of second class. 
 
 (c) Magazines of the second class shall consist of a stout box, and not more than 
 one hundred pounds of explosives shall at any time be kept or stored therein, and, 
 except when necessarily opened for use by authorized persons, shall at all times be 
 kept securely locked. Upon each such magazine there shall at all times be kept 
 conspicuously posted a sign with the words, "magazine," "exjilosives, " "dangerous," 
 legibly printed thereon. 
 
 Storage in tunnels. 
 
 Notliing in this section contained shall be held to prohibit the keeping or storing 
 of explosives in any tunnel, where no person or persons are employed; provided.
 
 Act 1435, §g 4-8 GENERAI. LAWS. 726 
 
 always, that anj' tunnel so \ised for the storage of explosives shall have fireproof 
 doors, which must at all times be kept closed and locked, except when necessarily 
 opened for the purpose of storing or removing explosives therein or therefrom, by per- 
 sons lawfully entitled to enter the same. The door of such tunnel magazine shall at 
 all times have legibly printed thereon the words, "magazine," "explosives," "dan- 
 gerous." [Amendment of May 2, 1919. In effect July 22, 1919. Stats. 1919, p. 148.] 
 This section was also amended May 18, 1917, Stats. 1917, p. 695. 
 
 Penalty for violating. 
 
 § 4. Any person violating or failing to comply with any of the provisions of sections 
 2 and 3 of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall 
 be punished by a fine of not less than twenty-five dollars, and not more than one thou- 
 sand dollars, or by imprisonment not exceeding six months, or by both such fine and 
 imprisonment. 
 
 Transporting. 
 
 § 5. It shall be unlawful to transport, carry or convey, any explosives between any 
 places within this state, on any vessel, car or other vehicle of any description, operated 
 by common carrier, which vessel, car or vehicle is carrying passengers for hire; pro- 
 vided, that it shall be lawful to transport on any such vessel, car or vehicle, small arms 
 ammunition in any quantity, and such fuses, torpedoes, rockets or other signal devices 
 as may be essential to promote safety in operation, and properly packed and marked 
 (Samples for laboratory examination, not exceeding a net weight of one-half pound 
 eaeli, and not exceeding twenty samples at one time, in a single vessel, car or vehicle, 
 but* such samples shall not be carried in that part of the vessel, car or vehicle, which is 
 intended for the transportation of passengers for hire; provided, further, that nothing 
 in this section shall be construed to prevent the transportation of military or naval 
 forces with their accompanying munitions of war on passenger equipment vessels, cars 
 or vehicles; provided, further, that the transportation of explosives on any freight 
 train in this state that can-ies passengers for hire in a car or caboose attached to the 
 rear of such train, shall not be held or construed to violate the provisions of this act. 
 
 Regulations of railroad commission. 
 
 § 6. The railroad commission of this state is hereby empowered to make, publish and 
 promulgate such regulations as are not in conflict with this act and as in the judgment 
 of said commission may tend to the safe packing, loading, storage and transportation 
 of the explosives defined by section one of this act. 
 
 Nitro-glycerine. 
 
 § 7. It shall be unlawful to transport, carry or convey liquid nitro-glycerine, ful- 
 minate in bulk, in dry condition, or other like explosive, between any places within this 
 state, on any vessel, car or vehicle of any description, operated by common carrier in 
 the transportation of passengers or articles of commerce by land or water. 
 
 Packages to be marked. 
 
 $ 8. Every package containing explosives or other dangerous articles when presented 
 to a common can-ier for shipment shall have plainly marked on the outside thereof, 
 the contents thereon, and it shall be unlawful for any person to deliver for transporta- 
 tion to any common carrier engaged in commerce by land or water, or to cause to be 
 delivered or to carry any explosive or other dangerous article, under any false or 
 deceptive marking, description, invoice, shipping order or other declaration, or without 
 informing the agent of such carrier of the true character thereof, at, or before the time 
 of such delivery or carriage is made.
 
 727 EXPLOSIVES. Act 1435, g§ 0, 10 
 
 Penalty for violating. 
 
 § 9. Any person who willfully violates or causes to be violated any of the foregoing 
 provisions of sections 5, 6, 7 and 8 of this act shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof, shall be punished for each offense by fine not exceeding 
 two thousand dollars, or by imprisonment not exceeding eighteen months, or by both 
 such fine and imprisonment in the discretion of the court. 
 
 Record of sales. Statement from purchaser. Not applicable to carrier. Penalty. 
 
 5 10. Every person selling, giving away, or delivering explosives within this state, 
 shall keep at all times an accurate journal or book of record, in which must be entered 
 from time to time, as it is made, each and every sale, delivery, gift, or other disposition 
 made by such person in the course of business, or otherwise, of any quantity of such 
 explosive subtance. Such journal or record book must show in a legible handwriting, 
 to be entered therein at the time, a complete history of each transaction, stating name 
 and quantity of explosives sold, delivered, given away, or otherwise disposed of; name, 
 place of residence, and business of the purchaser or transferee, name of individual to 
 whom delivered, with his or her address. Such journal or record book must be kept by 
 the person so selling, delivering or otherwise disposing of such explosives, in his or 
 their principal office or place of bi;siness, at all times subject to the inspection and 
 examination of the police authorities of the state, county or municipality where same 
 is situated, on proper demand therefor. In addition to keeping the record above pro- 
 vided, it shall be unlawful for any person to sell, give away or deliver any explosives 
 within this state, without taking from the person to whom such explosives are sold, 
 given away or delivered within this state, a statement in writing, showing the name and 
 the address of the person to whom such explosives are sold, given away or delivered, 
 and the place where and the purpose for which such explosives are intended for use, 
 which statement shall be signed by the person to whom such explosives are sold, given 
 away or delivered, or his agent, and be witnessed by two witnesses, known to the person 
 selling, giving away or delivering such explosives, to be residents of the county where 
 such explosives, as shown by such statement, are intended for use, who shall certify 
 that the person to whom such explosives are to be sold, given away or delivered is per- 
 sonally known to each of said witnesses, and that to the best of his knowledge and 
 belief, the explosives are required by such person for the uses and purposes set forth 
 in the statement, which said statement shall at all times be kept on file in the principal 
 office or place of business of the person so selling, giving away or delivering such 
 explosives, subject to the inspection of the police authorities of the state, county or 
 municipality where the same is situated, on proper demand made therefor; provided, 
 that nothing in this section shall be held to apply to the delivery of explosives to any 
 person or carrier for the purpose of being transported from a place within this state to 
 any other place within tSiis state, and, provided further, that nothing in this section 
 contained shall apply to interstate commerce. 
 
 Every person selling, giving away or delivering any explosives without complying 
 with all the provisions of this section shall be deemed guilty of a misdemeanor, and 
 upon conviction shall be fined not less than one hundred dollars, and not more than 
 two thousand dollars, or by imprisonment of not less than six months, or by both such 
 fine and imprisonment in the discretion of the court. 
 
 In addition to such imprisonment and as cumulative penalty such person so offending 
 shall forfeit for each offense, the sum of two hundred and fifty dollars, to be recovered 
 in any court of competent jurisdiction, and the party instituting the action for such 
 forfeiture shall not be entitled to dismiss same, without the consent of the court before 
 which the suit has been instituted; nor shall any judgment recovered be set aside, 
 satisfied or discharged save by order of such court, after full payment into court, and 
 all moneys so collected must be paid to the part}' bringing suit.
 
 Act 1435, §§ 11-16 GKNlilUAL LAWS. 728 
 
 Explosives in mines. 
 
 5 11. [Repealed May 18, 1917. In effect July 27, 1917. Stats. 1917, p. 698.] 
 
 Entering explosives factory. 
 
 $ 12. .No person, except a peace officer or a person authorized so to do by the owner 
 thereof, or his agent, shall enter any explosive manufacturing plant, magazine or car 
 containing explosives in this state, and any person violating any of the provisions of 
 this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall 
 be fined in an amount not exceeding one thousand dollars or by imprisonment not 
 exceeding three months, or by both such fine and imprisonment. 
 
 Discharging firearms near magazine. 
 
 ^ 13. No person shall discharge any firearms within five hundred feet of any maga- 
 zine or of any explosive manufacturing plant, and any person willfully violating any of 
 the provisions of this section shall be deemed guilty of a misdemeanor and lined not 
 exceeding one thousand dollars, or by imprisonment not exceeding one year, or by botk 
 such fine and imprisonment. 
 
 Carrying explosives on person. 
 
 S^ 14. No person shall willfully carry any explosive on his person within this state in 
 any car, vessel or vehicle that carries passengers for hire, or place or carry any explo- 
 sive while on board any such car, vessel or vehicle, in any hand baggage, roll or con» 
 tainer, or place any explosive in any baggage thereafter checked with any common 
 carrier, and any person violating any of the provisions of this section shall be deemed 
 guilty of a felony and upon conviction thereof shall be punished by imprisonment in the 
 penitentiary not exceeding two years. 
 
 Municipal ordinance. 
 
 5 15. Nothing in this act contained shall prevent the operation of, or modify, alter, 
 set aside or supersede the provisions of any municipal ordinance respecting the deliv- 
 ery, storing and handling of explosives. 
 
 Interstate shipment. 
 
 $ 16. Nothing in this act contained shall regulate or apply to any shipment of 
 explosives from a point within this state, consigned to a point without this state, over a 
 line or lines of one or more common carriers. 
 
 The amending act of 1919 contained the following: 
 
 "§ 2. All acts or parts of acts in conflict herewith are hereby repealed." 
 
 CHAPTER 108. 
 
 EXPOSITIONS. 
 References: Authority to counties to levy tax for exhibits at ixposltions, see Act 509b. 
 
 CONTENTS OF CHAPTER. 
 ACT 1440. Panama-California International Exposition — Use of Balboa Park. 
 
 1441. Panama-California International Exposition — State Exhibit and Building. 
 
 1442. Panama-California International Exposition — Appropriation to Completb 
 
 Exposition Building. 
 
 1443. Panama - California International Exposition — Maintenance op Statb 
 
 Building. 
 
 1444. Panama-Pacific International Exposition — Powers and Duties of Commis- 
 
 sion. 
 
 1445. Panama-Pacific International Exposition — Disposition of Surplus Funds. 
 
 1446. Exposition Building at Los Angeles. 
 
 1447. Exposition at Lo.g Angeles — Furnishing and Equipping Building. 
 
 1448. Exposition at Los Angeles — Revolving Fund for Special Expositions. 
 
 1449. Italian Inter nation..l Exposition — California Exhibit. 
 
 1449a. Ghent Universal and International Exposition — California Exhibit. 
 
 1
 
 720 EXPOSITIONS. Act 1440, §§ 1-3 
 
 PANAMA-CALIFORNIA INTERNATIONAL EXPOSITION. USE OP 
 
 BALBOA PARK. 
 
 ACT 1440 — An act giving and granting to the 'board of park commissioners of the city 
 of San Diego the right to use and the right to authorize the use of Balboa Park in 
 said city for exposition purposes. 
 
 History: Approved March 24, 1911, Stats. 1911, p. 478. Amended 
 January 11, 1916, Stats. 1916 (ex. sess.), p. 43; January 19, 1917. In 
 effect immediately. Stats. 1917, p. 1. 
 
 Use of San Diego park for exposition. 
 
 $ 1. The board of park commissioners of the city of San Diego, California, is 
 hereby authorized and empowered to use, or authorize any exposition company to use, 
 any part or portion of the lands set aside as a public park by resolution of the board 
 of trustees of the city of San Diego and approved and ratified by an act of the legis- 
 lature of the state of California, approved February 4, 1870, for the purpose of giving 
 an exposition in the year 1917 to celebrate the completion of the Panama canal. 
 [Amendment of January 19, 1917. In effect immediately. Stats. 1917, p. 1.] 
 
 This section was also amended January 11, 1916, Stats. 1915 (ex. sess.), p. 44. 
 
 Powers of park commissioners. 
 
 5 2. The board of park commissioners of the city of San Diego is hereby authorized 
 and empowered to inclose any part or portion of said park which may be set aside for 
 the use herein set forth and charge an entrance or admission fee to said exposition, and 
 may sell, give, or grant, to any person or persons, association or associations, corpora- 
 tion or corporations, such rights, privileges and concessions as are usually granted by 
 expositions, or such rights, privileges, and concessions as may be expedient or necessary 
 to the success of said exposition, and said city may charge and collect compensation 
 therefor. The power and authority conferred by this act on the said board of park 
 commissioners of the city of San Diego may be by said city delegated to any exposition 
 company or corporation now or hereafter organized for the jiurpose of promoting, 
 financing, or giving said exposition. 
 
 Applies only to Balboa Park. 
 
 § 3. This act shall not apply to any park lands owned by the city of San Diego other 
 than pueblo lots 1129, 1130, 1131, 1135, 1136, 1137, 1142, and a portion of pueblo lot 
 1144, according to the official sm'vey of the city of San Diego by Charles H. Poole, 
 made in 1856, which pueblo lots are now and shall hereafter be known and designated 
 as Balboa Park. 
 
 The amending act of 1917 contained the following: 
 
 Emergency measure. 
 
 § 2. This act is hereby declared to be an emergency measure within the meaning of 
 section one, article IV, of the constitution of the state of California, and shall take 
 effect immediately. 
 
 The facts constituting such emergency are as follows: The directors of the Panama- 
 California International Exposition and the members of the board of park commis- 
 sioners of the city of San Diego are desirous of continuing the Panama-California 
 International Exposition, situated in the city park of San Diego, for a further period 
 of time, not to exceed one year. A large amount of money has been expended in the 
 permanent improvement of the exposition site in the park, and many of the buildings
 
 Act 1441, §§ 1-5 GEXKRAL LAAVS. 
 
 730 
 
 contain exhibits that can not be removed for some time. Therefore, it is necessary for 
 legislative action immediately, in order to authorize the maintenance of such an 
 exposition for the further period of time — the authorization of the state of California 
 for the maintenance of said exposition having expired on the first day of January, 1917. 
 
 PANAMA-CALIFORNIA INTERNATIONAL EXPOSITION. STATE EXHIBIT 
 
 AND BUILDING. 
 ACT 1441 — An act to provide for a state exhibit at the Panama-California Exposition, 
 to be held in San Diego, California, in 1915, to celebrate the completion of the 
 Panama canal and providing for the erection of necessary buildings therefor; cre- 
 ating a commission to have the charge and control of said exhibition and making an 
 appropriation therefor. 
 
 History: Approved April 1, 1911, Stats. 1911, p. 559. 
 
 Panama-California exposition commissioners. Bond. 
 
 $ 1. It is made the duty of the governor of the state of California, within thirty days 
 after the passage of this act, to appoint three commissioners who shall be removable at 
 the pleasure of the governor, and who shall constitute the Panama-California exposi- 
 tion commissioners. Said Panama-California exposition commissioners shall have the 
 exclusive charge and control of the expenditure of all moneys appropriated by the state 
 of California for the construction of buildings and maintaining an exhibit of the prod- 
 ucts of the state of California at said exhibition and for the purpose of properly repre- 
 senting the state of California at said exposition, to be held in the city of San Diego, 
 state of California, in 1915. Each of said commissioners shall execute and file with the 
 secretary of state, within thirty days after his appointment by the governor, good and 
 sufficient bond in the sum of ten thousand dollars made to the people of the state of 
 California, which bond shall be approved by the governor and shall be conditioned for 
 the faithful performance of said commissioners of all their duties as such commissioners. 
 
 Ko compensation. 
 
 $ 2. Said commissioners shall receive no compensation for their services but they 
 shall be allowed their actual expenses not exceeding one thousand dollars. 
 
 Appropriation. 
 
 $ 3. The sum of fifty thousand dollars or as much thereof as may be necessary, is 
 hereby appropriated out of any moneys in the state treasury not otherwise ajDpropriated 
 to meet the expense of preparing the plans and specifications and constructing the 
 foundation for an exposition building, to be erected at the Panama-California exposi- 
 tion, to be held in San Diego in the year 1915, which plans and specifications shall 
 provide for a building to cost not less than two hundred and fifty thousand dollars. 
 The amount herein appropriated shall be available on and after July 1, 1912. 
 
 Controller to draw warrant. 
 
 $ 4. The state controller is hereby authorized and directed to draw his warrant or 
 warrants on the general fund from time to time for such portions of said sum of fifty 
 thousand dollars and in favor of such persons as the majority of said commissioners 
 shall direct and the state treasurer is hereby authorized and directed to pay the same. 
 
 State institutions to assist. 
 
 § 5. It shall be the duty of the state institutions of the state of California to assist 
 the commission in every possible way by loaning it such material in their possession as 
 will add to the attractive features of the state exhibit at said Panama-California 
 exposition. 
 
 I
 
 731 , EXPOSITIOXS. Acts 14 la, 144a 
 
 Exemptions. 
 
 § 6. This act is exempt from the provisions of section 672 of the Political Code of 
 the state of California, and from the provisions of an act entitled "An act to regulate 
 contracts on behalf of the state in relation to the erection, construction, alteration, 
 repair or improvement of any state structure, building, road, or other state improve- 
 ment of any kind and to repeal an act entitled 'An act to regulate contracts on behalf 
 of the state in relation to erections and buildings, approved March 28, 187G' " 
 (approved March 22, 1909). 
 
 PANAMA - CALIFORNIA INTERNATIONAL EXPOSITION — APPROPRIATION 
 TO COMPLETE EXPOSITION BUILDING. 
 
 ACT 1442 — An act appropriating two hundred thousand dollars ($200,000) to complete 
 the construction of the exposition building of the state of California at the Panama- 
 California exposition to be held in San Diego, California, during the year 1915. 
 
 History: Approved June 6, 1913. In effect August 10, 1913. Stats. 
 1913, p. 893. 
 
 Appropriation: state building, Panama-California exposition. 
 
 $ 1. The sum of two hundred thousand dollars ($200,000), or so much thereof as 
 may be necessary, is hereby appropriated out of any money in the state treasury not 
 otherwise appropriated to be used in the construction of that certain exposition build- 
 ing authorized by an act entitled "An act to provide for a state exhibit at the Panama- 
 California exposition, to be held in San Diego, California, in 1915, to celebrate the com- 
 pletion of the Panama canal, and providing for the erection of necessary buildings 
 therefor; creating a commission to have charge and control of said exposition and 
 making an appropriation therefor," approved April 1, 1911, 
 
 Controller authorized to draw warrant. 
 
 $ 2, The state controller is hereby authorized and directed to draw his warrant or 
 warrants on the general fund from time to time for such portion of said sum of two 
 hundred thousand dollars ($200,000) and in favor of such persons as the majority of 
 the Panama-California exposition commissioners shall direct, and the state treasurer 
 is hereby authorized and directed to pay the same. 
 
 Audit of bills. 
 
 ^ 3. All bills for material and labor in carrying out the provisions of section one of 
 this act shall be audited and approved by the Panama-California exposition commis- 
 sioners of the said exposition before being paid. 
 
 Exempt from Political Code, § 672. 
 
 ^ 4. This act is exempt from the provisions of section 672 of the Political Code of 
 the state of California and from the provisions of an act entitled "An act to regulate 
 contracts on behalf of the state in relation to the erection, construction, alteration, 
 repair or improvement of any state structure, building, road, or other state imjirove- 
 ment of any kind and to repeal an act entitled 'An act to regulate contracts on behalf 
 of the state in relation to erections and buildings,' approved March 28, 1876" 
 (approved March 22, 1909). 
 
 PANAMA-CALIFORNIA INTERNATIONAL EXPOSITION— MAINTENANCE OF 
 
 STATE BUILDING. 
 ACT 1443 — An act appropriating fifty thousand dollars for the completion, mainte- 
 nance and repair of the California state building at the Panama-California interna- 
 tional Exposition. 
 
 History: Approved January 11, 191G, Stats. 1916 (ex. sess.), p. 44.
 
 Act 1444, eg 1-3 UKMOKAL LAWS. » 702 
 
 Appropriation for repair of California building at San Diego. 
 
 $ 1. The sum of lifty thousand dollars is hereby approiniated out of the Panama- 
 California international exposition fund for the purpose of the completion, maintenance 
 and repair of the California state building at the Panama-California international 
 exposition, at San Diego. The expenditure of said sum of money so appropriated shall 
 be under the exclusive charge and control of the Panama-California exposition com- 
 missioners. 
 
 Exempt from Political Code, § 672. 
 
 $ 2. This act is exempt from the provisions of section six hundred seventy-two of 
 the Political Code of the state of California and from the provisions of an act entitled 
 "An act to regulate contracts on behalf of the state in relation to the erection, con- 
 struction, alteration, repair or improvement of any state structure, building, road or 
 other improvement of any kind and to repeal an act entitled *An act to regulate con- 
 tracts on behalf of the state in relation to erections and buildings,' approved March 28, 
 187G" (approved March 22, 1909). 
 
 PANAMA-PACIFIC INTERNATIONAL EXPOSITION COMMISSION— POWERS 
 
 AND DUTIES. 
 ACT 1444 — An act relating to the Panama-Pacific international exposition commission 
 
 of the state of California and defining its powers and duties. ^ 
 
 History: Approved March 4, 1911, Stats. 1911, p. 273. I 
 
 Panama-Pacific international exposition commission. SeaL ? 
 
 § 1. The Panama-Pacific international exposition commission, after the appointment 
 by the governor of the members thereof, shall immediately organize and establish offices 
 in the city and county of San Francisco. At the time of the appointment of said com- 
 mission, the governor shall designate the president thereof, and the member so desig- 
 nated shall be the president of said commission. Should any vacancy thereafter occur 
 in the presidency of said commission the governor shall designate and appoint a mem- 
 ber of said commission to be the president thereof. Three members of said commission 
 shall constitute a quorum for the transaction of business. Said commission shall adopt 
 a seal having thereon the words "Panama-Pacific international exposition commission 
 of the state of California," and shall file with the state controller and state treasurer 
 a certificate of the imprint of such seal, and all signatures of persons authorized by said 
 commission to sign contracts, claims or other documents on behalf of said commission. 
 
 Powers and duties. 
 
 § 2. For the purpose of performing the duties imposed by law upon said commission, 
 it shall have power and authority to appoint and employ a secretary, executive officers, 
 and such other assistants or persons as it may deem necessary, and fix their compensa- 
 tions. All the officers and employees so appointed shall hold office at the pleasure of 
 the commission. All expense of said commission and all salaries of employees shall be 
 payable out of the Panama-Pacific international exposition fund upon proper warrants 
 drawn therefor as hereinafter specified. The said commissioners shall receive their 
 actual traveling expenses. The commission shall have full and complete power and 
 authority to carry out the provisions of this act and of section 22 of article IV of the 
 constitution of the state of California, and the particular enumeration herein of powers 
 and duties of said commission shall not be construed to be a limitation or restriction 
 of the full and complete power and authority of the commission. 
 
 Powers and duties. 
 
 ^ 3. Said commission sball have power to make and execute all contracts and agree- 
 ments necessary to the business of said commission or to carry out the purposes of this
 
 733 EXPOSITIONS. Act 1444, §§ 4-6 
 
 act and section 22 of article IV of the constitution of the state of California. All con- 
 tracts, made by said commission, shall be executed in triplicate signed by the president 
 thereof and executed under the seal of said commission, and one copy thereof shall 
 be immediately filed with the state controller. No contract or agi'eement shall be 
 made by said commission unless the parties thereto shall waive therein all claims and 
 recourse against the state of California for loss or damage of person and property 
 arising from, growing out of or in any way connected with or incident to such contract 
 or agreement, and all contracts or agreements made by said commission in violation of 
 this provision for waiver shall be void. 
 
 Audit claims. 
 
 $ 4. The said commission, through the president or such other officer as it shall 
 authorize, shall audit all claims and demands for moneys expended by it, or for expen- 
 ditures of money which they have authorized in writing, and shall certify such claims 
 and demands to the state controller who shall thereupon draw his warrants therefor 
 upon the state treasurer payable out of said Panama-Pacific international exposition 
 fund, and the state treasurer shall pay the same. 
 
 Agreements with Panama-Pacific international exposition company. 
 
 § 5. Said commission shall have power to make and enter into, with the Panama- 
 Pacific international exposition company, a corporation, organized under the laws of 
 the state of California on the twenty-second day of March, 1910, any and all agree- 
 ments which, in the opinion of said commission, they shall deem necessary or advisable 
 to bring about the union or joint action of said commission and said corporation in 
 furtherance of said Panama-Pacific international exposition, or that they shall deem 
 necessary or advisable to carry into effect the provisions of this act and section 22 of 
 article IV of the constitution of the state of California; provided, however, that all 
 moneys received or realized by said commission for the benefit of the state of California 
 under such agreement, shall be immediately deposited by the commission with the state 
 treasurer to the credit of said Panama-Pacific international exposition fund; said 
 moneys so deposited by said commission shall be subject to the charge and control of 
 said commission in like manner as other moneys in said fund; provided, further, that 
 any exhibitor shall be permitted to unpack, install, maintain and repack all exhibits 
 in such manner as he may see fit, subject to uniform rules and regulations established 
 by the exposition authorities and approved by the commission appointed under the 
 terms of this act. 
 
 Expenditure of funds. 
 
 § 6. The said commission shall determine whether any of said fund or any of the 
 moneys under its control shall be expended for any specific purjiose in connection with 
 said Panama-Pacific international exposition, and whether any contract of any charac- 
 ter shall be entered into at any time with said Panama-Pacific international exposition 
 company, and the determination of the said commission as to the expenditure of any 
 sum of monej', or as to the making of any contract, or as to the advisability, necessity 
 or advantage of any act in connection with said fund, shall be final and conclusive. 
 In making expenditures in pursuance of this act and in pursuance of the provisions of 
 section 22 of article IV of the constitution of the state of California or in performing 
 any act in reference to said fund or in the making of any contract with said exposition 
 company, the said commission shall make such investigations as it may deem advisable 
 or proper and may in any manner that it deems appropriate, inform itself in reference 
 to any matter or thing; and may ask and demand at any time and as often as it desires 
 of the said Panama-Pacific international exposition company, a corporation, a full and 
 complote detailed statement of the receipts of said corporation and of the expenditures
 
 Act 1444. e» 7-10 GKNKRAI. I. WVS. 731 
 
 for any purpose whafsoever, matle or to be inaile, or incurred by said Panaiua-Pacific 
 international exposition conijjany, a corporation, and may at any time and as often as 
 it desires, examine the books, records, contracts, accounts, vouchers, and all papers of 
 every sort and character, in the possession of, kept or used by the Panama-Pacific 
 international exposition company, a corporation, and the said books, records, contracts, 
 accounts, vouchers and all papers of every sort and character of the said Panama- 
 Pacific international exposition company, a corporation, shall be open to inspection of 
 the said commission or its authorized agents, at all times; and if the said Panama- 
 Pacific international exposition company, a corporation, shall fail or refuse, or neglect 
 to permit an inspection, or examination, or investigation by said commission, or by 
 any person or persons said commission may designate, of its said books, records, con- 
 tracts, accounts, vouchers and papers, or any of them, then and in that event, the said 
 commission may hold, determine and decide such failure, refusal or neglect on the part 
 of said Panama-Pacific international exposition company, a corporation, to be ample 
 and sufficient reason and justification for the refusal or the failure of said commission 
 to make any expenditures, or to execute any contract, or to pay or disburse any sum 
 of money. 
 
 Accounting system. 
 
 ^ 7. The said commission shall ask and demand that in the expenditure of any fund 
 in connection or conjunction with the fund herein described, proper books of account 
 shall be kept and maintained and an appi'opriate accounting system shall be had, and 
 that such records and books shall be maintained and kept within the city and county 
 of San Francisco, as will enable a person of ordinary understanding from an inspection 
 thereof to determine the source and amount of all income and moneys received and the 
 exact purpose, in detail, for which expenditures are made or moneys paid. 
 
 Successors of Panama-Pacific international exposition company. 
 
 $ 8. All of the provisions of this act shall apply to the successors or assigns of the 
 Panama-Pacific international exposition company, a corporation, and wherever in this 
 act the said corporation is referred to, the said provisions shall in case any other cor- 
 poration, or company, or individual, shall succeed to the rights of said corporation, or 
 be substituted in its jilace, or shall undertake to hold the said exposition, be applicable 
 to such other corporation, person or company. 
 
 State not liable. 
 
 ^ 9. The state of California shall not in any manner, or under any circumstances, 
 be liable for any of the acts, doings, or proceedings of any person, association or cor- 
 poration with whom said commission shall act, co-operate, or join to carry out the 
 purposes of this act, or of section 22 of article IV of the constitution of the state of 
 California, nor for the services, salary, labor or wages of any ofTicers, agents, servants, 
 or employees of such person, association or corporation, nor for any debts, liabilities or 
 expenses of any kind whatsoever of such person, association or corporation, provided, 
 however, that the commission may, in its discretion, employ the same persons, servants, 
 agents or officers that may be employed by such person, association or corporation with 
 which said commission shall act, co-operate and join to carry out the purposes of this 
 act, and contribute to or pay the whole or any part of their compensation. 
 
 No member of commission liable. 
 
 § 10. No member of said commission, or employee thereunder, or any oflBcers thereof, 
 shall be personally liable for any debts or obligations, or liability that may be created 
 or incurred by said commission or by the state of California acting by or through 
 
 mi
 
 733 EXPOSITIOJVS. Act 1144, §§ 11-16 
 
 said commission. Neither said commission nor any member thereof shall be liable in 
 damages for the negligence, default or wrongful act of any of the agents, servants or 
 employees of said commission. 
 
 Commission may sue. 
 
 $ 11. Said commission may execute contracts, hold property or sue in its own name 
 as the Panama-Pacific international exposition commission of the state of California. 
 The provisions of an act entitled: "An act to authorize suits against the state, and 
 regulating the procedure therein," approved February 28, 1893, shall not apply to any 
 claim or contract made by said commission or for negligence of said commissioners. 
 
 Financial statement. 
 
 $ 12. Said commission shall, on the first day of December of each year, file with the 
 state controller a financial statement under the seal of said commission, and verified by 
 the members thereof, which statement shall show in detail the disposition of all moneys 
 expended by it and to whom the same were paid; all expenditures contracted by it, all 
 amounts paid thereon, and the balance due, if any, and shall file with such financial 
 statement a report of all proceedings of said commission, the work accomplished by it, 
 and plans proposed and the status of all matters under or in connection with the work 
 of said commission and its funds. Upon completion of all work by said commission 
 at the time fixed by law, said commission shall render a full, complete and final report, 
 and file the same with the state controller. 
 
 Claims exempt from section 672. 
 
 $ 13. All claims and demands arising under or in consequence of any contract or 
 agreement made by said commission, and all expenditures authorized by it, shall be 
 exempt from the provisions of section 672 of the Political Code. 
 
 Indebtedness. 
 
 $ 14. Indebtedness incurred and warrants issued by said commission shall be payable 
 only from the Panama-Pacific international exposition fund, and shall never be or 
 become general indebtedness of the state of California, 
 
 Profits of exposition. 
 
 $ 15. The commission shall make such contracts as it may deem necessary or appx'o- 
 priate to insure to the state of California, its proportionate share in the returns, income, 
 profits and holdings of said exposition and shall perform such acts as to it may seem 
 requisite for the protection of the interests of the state of California in such returns, 
 income, profits and holdings and shall do all things it may deem advisable to enable the 
 state to receive its proportionate share of said returns, income, profits and holdings, and 
 to this end, if said commission shall deem it advisable, it may provide for its participa- 
 tion in the management and control of the said exposition. 
 
 Tax levy. 
 
 $ 16. The state board of equalization shall, at the time mentioned in section 3696 of 
 the Political Code, for the fiscal year beginning July first in the year one thousand nine 
 hundred and eleven, and for each fiscal year thereafter, to and including the fiscal year 
 beginning July first in the year one thousand nine hundred and fourteen, fix, establish 
 and levy such an ad valorem rate of taxation, upon every kind and character of prop- 
 erty in the state of California not exempt from taxation on the first day of July in the 
 year one thousand nine hundred and ten, as when levied upon all the property in this 
 section mentioned, after making due allowance for delinquency, shall raise for each of 
 said fiscal years, the sum of one million two hundred and fifty thousand dollars.
 
 Act 1444, §§ 17-20 
 
 GEINE^RAL LAWS. 
 
 730 
 
 Tax collected. 
 
 5 17. The taxes assessed, levied and collected for state purposes under the provisions 
 of sections 3820, 3821, 3822, 3823, of the Political Code shall be deemed to have been 
 assessed, levied and collected for the purposes of raising to the extent of the amount 
 collected, the moneys directed to be raised by section 22 of article IV of the constitu- 
 tion of this state as that section was amended on the eighth day of November in the 
 year one thousand nine hundred and ten and as required by section 16 of this act. 
 
 Exposition fund. 
 
 $ 18. All money collected by taxation as in this act provided shall be paid over to 
 the state treasurer at the time and in the manner provided in chapter 10, part III, 
 title IX of -the Political Code and by said state treasurer credited to a fund to be 
 known as the Panama-Pacific international exposition fund and paid out as provided in 
 section 4 hereof. 
 
 X 
 
 Disposition of surplus. 
 
 § 19. Any money remaining in the Panama-Pacific international exposition fund 
 after the filing of the complete and final report of said commission shall be transferred 
 to the general fund of the state of California. 
 
 $ 20. This act shall take effect immediately. 
 
 Constitutional authorization of appropri- 
 ation and bond issue. — See amendment to 
 state constitution authorizing state to ap- 
 propriate $5,000,000 for tlie exposition: 
 Stats. 1910, p. 4. See, also, amendment to 
 charter of San Francisco, authorizing that 
 city to issue bonds for $5,000,000, for the 
 same purpose: Stats. 1910, p. 2. 
 
 1. Construction o£ contract in favor of 
 state. — All intendments are in favor of the 
 state in construing a contract entered into 
 by a public commission under the author- 
 ity of an ambiguous proviso in the act cre- 
 ating such commission and defining its 
 power to make contracts, where the con- 
 tract in question is itself uncertain in its 
 terms. — Panama-Pacific International Ex- 
 position Co. v. Panama-Pacific International 
 Commission, 178 Cal. 746, 174 Pac. 890. 
 
 2. Qualifications of power of state com- 
 mission to make contract construed as con- 
 ditions limiting power. — Where a public 
 commission is granted power over prop- 
 erty of the state, and the language of the 
 grant contains terms which qualify the 
 power, the qualifications are to be con- 
 strued as conditions beyond which the 
 grantee of the power cannot go, in so far 
 as such qualifications are favorable to the 
 state. — Panama-Pacific International Expo- 
 sition Co. V. Panama-Pacific International 
 Exposition Commission, 178 Cal. 746, 174 
 Pac. 890. 
 
 3. Section 22, article IV, of the constitu- 
 tion is mandatory. — The proviso of section 
 22, article IV of the constitution, is manda- 
 tory, and the clause authorizing the com- 
 mission to make "proper contracts" for the 
 purpose of enabling the state to share 
 proportionately with the contributors in 
 the returns from the exposition requires 
 the contracts to be of that character, and 
 
 limits the power of the commission to that 
 extent, and the commission did not have 
 the power to make a contract which would 
 not entitle the state to share in the returns 
 to the extent stated, or would give the state 
 less than its proportionate share. — Panama- 
 Pacific International Exposition Co. v. Pan- 
 ama-Pacific International Exposition Com- 
 mission, 178 Cal. 746, 174 Pac. 890. 
 
 4. State entitled to share on equal foot- 
 ing vi'ith stoclilioldcrs. — The provisions of 
 the constitution and of the act of 1911, con- 
 template that the state should be upon an 
 equal footing with the stockholders of the 
 company, in the event there should be a 
 surplus to divide, and all contributions by 
 stockholders are required to be counted in 
 ascertaining the proportion the state is en- 
 titled to, and all other contributions to be 
 excluded in the division of such surplus ex- 
 cept those of the state and of the stockhold- 
 ers of the company. — Panama-Pacific Inter- 
 national Exposition Co. v. Panama-Pacific 
 International Exposition Commission, 178 
 Cal. 746, 174 Pac. 890. 
 
 5. The provision of the contract between 
 the commission and the company that the 
 state "shall receive in any distribution of 
 property, dividends, or surplus and out of 
 any remaining property or assets of said 
 exposition an amount bearing the same pro- 
 portion to the total amount of said assets, 
 property, dividends, or surplus, as the total 
 contributions of the state of California to 
 the exposition shall bear to the sum total 
 of all contributions from all sources to said 
 exposition," is void, because contrary to the 
 provisions of tlie constitution. — Panama- 
 Pacific International Exposition Company v. 
 Panama-Pacific International Exposition 
 Commission. 178 Cal. 746, 174 Pac. 890.
 
 737 EXPOSITIONS. Acts 1445-1448, |§ 1, 2 
 
 PANAMA-PACIFIC INTERNATIONAL EXPOSITION— DISPOSITION OF 
 
 STATE'S SHARE OF RETURNS. 
 ACT 1445 — An act to provide for the disposition of any money or other property 
 accruing to or to be received by the state of California as its proportionate share of 
 the returns from the holding of the Panama-Pacific international exposition. 
 History: Approved January 11, 1916, Stats. 1916 (ex. sess.), p. 43. 
 
 Returns accruing to state from Panama-Pacific international exposition. 
 
 $ 1. The Panama-Pacific international exposition commission of the state of Cali- 
 fornia is hereby authorized to accept and receive from the Panama-Pacific international 
 exposition company the returns accruing to the state of California from the holding 
 of the Panama-Pacific international exposition. 
 
 Disposition of funds. 
 
 ^ 2. On the receipt of said returns the said commission shall promptly make a full 
 report thereof to the state controller and dejDosit said returns with the state treasurer, 
 who shall place the first two hundred thousand dollars deposited to the credit of "the 
 San Francisco state normal school-exposition preservation fund," and the next fifty 
 thousand dollars thereof to the credit of a fund known as "the Panama-California 
 international exposition fund," which fund is hereby created, and the remainder 
 thereof to the credit of the general fund. 
 
 EXPOSITION BUILDING AT LOS ANGELES. 
 ACT 1446 — An act to provide for an exposition building at Los Angeles in Agricultural 
 park for the use of all of the counties of this state, for the purpose of maintaining 
 permanent exhibits therein of the resources of the different counties, and to make 
 an appropriation for the construction of said exposition building. [Approved 
 April 22, 1909, Stats. 1909, p. 1076.] 
 
 History: Approved April 22, 1909, Stats. 1909, p. 1076. 
 
 EXPOSITION AT LOS ANGELES— FURNISHING AND EQUIPPING BUILDING. 
 
 ACT 1447 — An act making an appropriation for furnishing, eauipping and maintaining 
 the exposition building at Los Angeles, California, and for establishing and main- 
 taining a permanent exhibit therein of the products and resources of the different 
 counties of the state of California. 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stats. 
 1913, p. 1156. 
 
 ACT 1448 — An act to appropriate money to be used as a revolving fund by the sixth 
 district agricultural association for the purpose of creating, installing and main- 
 taining special expositions at Exposition park, Los Angeles. 
 
 History: Approved June 1, 1917. In effect July 31, 1917. Stats. 
 1917, p. 1619. 
 
 Appropriation: expositions alf Exposition park. 
 
 $ 1. The sum of fifty thousand dollars is hereby appropriated out of any money in 
 the state treasury not otherwise appropriated to be used by the board of directors of 
 the sixth district agricultural association for holding special expositions of the resources 
 and industries of the state of California, in Agricultural park, otherwise known as 
 Exposition park in the city of Los Angeles, California during the sixty-ninth and 
 seventieth fiscal years. 
 
 Revolving fund. • 
 
 § 2. The sum of fifty thousand dollars, so appropriated, shall constitute and remain 
 a revolving fund in the hands of the slate treasurer to be advanced to said sixth dis- 
 
 tJen. Laws — 47
 
 Acta 1449, 1440a GENBRAL LAWS. 738 
 
 trict agricultural association for the express purpose and term set forth in section one 
 of this act and said fund when so advanced shall be used by said association for the 
 purpose of creating, installing and maintaining special expositions open to the resources 
 and industries of every section of the state without discrimination. 
 
 Contingent fund sixth district agricultural association. 
 
 $ 3. All collections and receipts shall be reported monthly by the secretary to the 
 controliw of the state and paid into the state treasury. Such collections and receipts 
 shall be credited to the contingent fund of the sixth district agricultural association, 
 which is hereby created and which shall be for the use of the said sixth district agricul- 
 tural association. Of the moneys in said contingent fund, when such action has been 
 authorized by the board of control, the association may draw, without at the time fur- 
 nishing vouchers and itemized statements, a sum not to exceed one thousand dollars, 
 said sum so drawn to be used as a revolving fund where cash advances are necessary. 
 At the close of each fiscal year, or at any other time, upon demand of the board of 
 control, the moneys so drawn must be accounted for and substantiated by vouchers 
 and itemized statements submitted to and audited by the board of control and by the 
 controller. 
 
 Ketum of fund. 
 
 § 4. The said sum of fifty thousand dollars, so appropriated, shall be returned to 
 the state treasurer by said sixth district agricultural association on or before the 
 thirtieth day of June, 1919. 
 
 Available for what expenditures. 
 
 $ 5. The said sum of fifty thousand dollars, or so much thereof as may be necessary, 
 shall be made available to meet expenditures incurred subsequent to the first day of 
 July, 1917. 
 
 ITALIAN INTERNATIONAL EXPOSITION— CALIFORNIA EXHIBIT. 
 ACT 1449 — An act appropriating money to pay the expense of maintaining an exhibit 
 of the products of the state of California at the Italian international exposition, to 
 be held in the city of Turin, kingdom of Italy, in the year 1911. 
 
 History: Approved April 25, 1911, Stats. 1911, p. 1110. 
 This act appropriated *10,000 for the purpose Indicated. 
 
 GHENT UNIVERSAL AND INTERNATIONAL EXPOSITION— CALIFORNIA 
 
 EXHIBIT. 
 ACT 1449a — An act appropriating money to pay the expense of maintaining an exhibit 
 of the products of the state of California at the universal and international exposi- 
 tion, to be held in the city of Ghent, in the kingdom of Belgium, in the year nineteen 
 hundred thirteen, and providing for a commissioner thereof. 
 
 History: Approved April 18, 1913. In effect immediately. Stats. 
 1913, p. 37. 
 
 Thla act appropriated $12,84S.05 for the purpose indicated. 
 
 EXTENSION OF TIME. 
 
 See tit. "Time." 
 
 FACTORIES. 
 
 See tits. "Industrial Welfare Commission"; "Master and Servant." 
 
 • 
 
 FAIRFIELD. 
 
 See Act 3094, note. 
 
 li
 
 y3» FEEBLE-MINDED CHILDREN. Acts 1462, 1463 
 
 FEATHER RIVER. 
 See tits. "Bridges"; "Swamp and Overflowed Lands." 
 
 CHAPTER 109. 
 
 FEEBLE-MINDED CHILDREN. 
 
 References: Asexualization of, see tit. "Asexualization." 
 
 California home for the care and training of, established, see Kerr's Cyc. PoUtical 
 
 Code, § 2145. 
 Insane asylums, generally, see tit. "Insane Asylums." 
 
 CONTENTS OF CHAPTER. 
 
 ACT. 1462. Government and Management of California Home for the Care and Train- 
 ing OF Feeble-minded Children. 
 
 1463. Permanent Site for Home. 
 
 1464. Sale of Building and Site op Home in Santa Clara County. 
 
 1465. Grant of Eight of Way for Highway Through Grounds of Home. 
 
 1466. Supplement Act — Admission of Idiots, Epileptics, Etc. 
 
 1467. Authorizing the Transfer and Quit Claiming of Property in Santa Claiu 
 
 County. 
 
 1468. Appropriation for Improvements and Repairs to Buildings. 
 
 1469. Authorizing Completion of Main Buildings. 
 
 1470. Authorizing Conveyance of Certain Real Property. 
 
 1471. Authorizing Construction of Two Pavilions for Epileptics. 
 
 1472. Authorizing Construction of Dairy Buildings. 
 
 CALIFORNIA HOME FOR FEEBLE-MINDED CHILDREN— GOVERNMENT AND 
 
 MANAGEMENT. 
 ACT 1462 — An act to provide for the government and management of the California 
 home for the care and training of feeble-minded children. 
 
 History: Approved March 9, 1887, Stats. 1887, p. 69. Amended 
 March 14, 1889, Stats. 1889. p. 155. Prior act of March 18, 1885, Stats. 
 1885, p. 198, repealed by present act. \ 
 
 Sonoma State Home. — The California the act of 1885 nor the present act contained 
 
 Home for the Care and Training of Feeble any provision in reference to the expense of 
 
 Minded Children is now under the control of the education and support of the inmates of 
 
 the state commission in lunacy. — See Kerr's the institution being a charge against the 
 
 Cyc. Political Code, § 2136, 2145, 2192 et seq. county from which they were sent. — State 
 
 It is now known as the Sonoma State Home. v. County of Sonoma, 139 Cal. 264, 72 Pac. 
 
 —-See Kerr's Cyc. Political Code, § 2145. 1003. 
 
 1. Charge aeainst the county. — Neither Supplementary act. — See Act 1466. 
 
 PERMANENT HOME. 
 
 ACT 1463 — An act providing a permanent site for the California home for the care and 
 training of feeble-minded children. 
 
 History: Approved March 6, 1889, Stats. 1889, p. 69. 
 
 1. Constitutionality. — The act Is not ob- power to such persons. — People v. Dunn, 80 
 noxious to section 34, article IV, inasmuch Cal. 211, 13 Am. St. Rep. 118, 22 Pac. 140. 
 
 as it makes but a single appropriation for 3. Same — Journals of the legislature. 
 
 a single purpose. — People v. Dunn. 80 Cal. In determining whether all constituiional 
 
 211, 13 Am. St Rep. 118, 22 Pac. 140. See, requirements were complied with in the 
 
 also. People v. Counts, 89 Cal. 15, 26 Pac. enactment of this statute, It will not be 
 
 612. presumed that every constitutional require- 
 
 2. The mere selecting of a site to be ment not shown by the journals of the leg- 
 purchased for a state home for feeble islature to have taken place did not take 
 minded children is not a legislative act, place. — People v. Dunn, 80 Cal. 211, 13 Am. 
 and authorizing this to be done by certain St. Rep. 118, 22 Pac. 140. See, also. County 
 persons is not a delegation of legislative of Yolo v. Colgan, 132 Cal. 265, 84 Am. St. 
 
 Rep. 41. 64 Pac. 403.
 
 Acts 1464-1470 GENERAI, I. VAVS. 740 
 
 SALE OF SANTA CLARA COUNTY PROPERTY. 
 ACT 1464 — An act to authorize and direct the sale of the site and buildings of the 
 California home for the care and training of feeble-minded children, in Santa Clara 
 
 county. History: Approved March 19, 1891, Stats. 1891, p. 133. 
 
 GRANT OF RIGHT OF WAY FOR HIGHWAY. 
 ACT 1465— An act granting to the board of supervisors of Sonoma county, California, 
 right of way through the lands of the California home for the care and training of 
 feeble-minded children, to enable said board of supervisors to change the location 
 of the public highway now traversing said lands. ; 
 
 History: Approved March 23, 1893, Stats. 1893, p. 277. 
 
 SUPPLEMENTARY ACT— ADMISSION TO HOME, OF IDIOTS AND 
 
 EPILEPTICS. 
 ACT 1466 — An act to authorize, empower, and direct the California home for the care 
 and training of feeble-minded children, to admit idiots, epileptics and mentally 
 enfeebled paralytics into said institution; to provide for the support of all inmates 
 therein, and to repeal all acts or parts of acts in conflict with the provisions of 
 this act. 
 
 History: Approved March 31, 1897, Stats. 1897, p. 251. Amended 
 March 23, 1901, Stats. 1901, p. 795. 
 
 1. Complaint. — A complaint in an action the act, or that the trustees ever made any 
 
 by the state against a county for the ex- arrangement without any county ofRcial for 
 
 pense of the care and training of a feeble such payment, fails to state a cause of ac- 
 
 mlnded child, under this act, which fails to tion. — State v. Sonoma County, 139 CaL 264, 
 
 show that the officiating judge made an 72 Pac. 1003. 
 order for such payment as provided for by 
 
 TRANSFER AND QUITCLAIM SANTA CLARA PROPERTY. 
 
 ACT 1467 — An act to authorize and empower the trustees of the California home for 
 care and training of feeble-minded to transfer and quitclaim certain real property 
 to the trustees of the town of Santa Clara. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 319. 
 
 IMPROVEMENT AND REPAIRS OF HOME. 
 ACT 1468 — An act to provide for certain improvements and repairs to the California 
 home for the care and training of feeble-minded children, making an appropriation 
 therefor. 
 
 History: Approved June 14, 1906, Stats. 1906 (ex. sess.), p. 27. 
 This act appropriated the sum of $72,500 for the purpose indicated. 
 
 COMPLETION OF MAIN BUILDINGS. 
 
 ACT 1469 — An act authorizing and directing the completion of the main buildings at 
 
 the California home for the care and training of feeble-minded children, near 
 
 Eldridge, California, and making an appropriation therefor. 
 
 History: Approved March 11, 1907, Stats. 1907, p. 199. Amended 
 March 25, 1909, Stats. 1909, p. 794. 
 
 AUTHORIZING CONVEYANCE OF CERTAIN PROPERTY. 
 ACT 1470 — An act to authorize and enable the board of managers of the California 
 home for the care and training of feeble-minded children to convey certain real 
 property. History: Approved March 21, 1907, Stats. 1907, p. 781. 
 
 i
 
 741 FEES. Acts 1471-1475 
 
 AUTHORIZING CONSTRUCTION OF TWO PAVILIONS FOR EPILEPTICS. 
 ACT 1471 — An act authorizing and directing the construction and furnishing of two 
 pavilions for colonizing epileptic patients at the California home for the care and 
 training of feeble-minded children, near Eldridge, California, and making an appro- 
 priation therefor. 
 
 History: Approved March 11, 1907, Stats. 1907, p. 200. 
 AUTHORIZING CONSTRUCTION OF DAIRY BUILDINGS. 
 ACT 1472 — An act authorizing and directing the construction of dairy buildings and 
 for the purchase of dairy apparatus at the California home for the care and training 
 of feeble-minded children, near Eldridge, California, and making an appropriation 
 therefor. 
 
 History: Approved March 11, 1907, Stats. 1907, p. 201. 
 
 CHAPTER 110. 
 
 FEES. 
 
 References: Fees and salaries in general, see Kerr's Cyc. Political Code, appropriate 
 
 title. 
 Fees in particular instances, see particular title. 
 Fees in pension matters, see Kerr's Cyc. Political Code, § 4302. 
 Fees for filing statement and affidavit of candidates, etc., see Kerr's Cyc. Political 
 
 Code, § 4301. 
 Fees for filing and swearing to demand against county, see Kerr's Cyc. Political 
 
 Code, § 4301. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1475. Fees and Salaries of Certain Officers. 
 
 1477. Fees, E^c, in Cities and Cities and Counties of Over 100,000 Inhabitants, 
 
 1479. Fees of County, Township and Other Officers. 
 
 1480. Payment of Fees to Trial Jurors. 
 
 1481. Payment to Municipal Officers Out of Funds of County. 
 
 ACT 1475 — An act to regulate fees of office and salaries of certain officers, and to 
 
 repeal certain other acts in relation thereto. 
 
 History: Approved March 5, 1870, Stats. 1869-70, p. 148. Amended 
 April 4, 1870, Stats. 1869-70, pp. 677, 680; February 21, 1872, Stats. 
 1871-72, p. 140; March 1, 1872, Stats. 1871-72, pp. 178, 188; March 2, 
 1872, Stats. 1871-72, p. 219; March 1, 1878, Stats. 1877-78, p. 134; May 
 21, 1917. In effect July 27, 1917. Stats. 1917, p. 788. Supplemented 
 April 1, 1872, Stats. 1871-72, p. 910; February 17, 1874, Stats. 1873-74, 
 p. 102. Repealed as to Sacramento county February 28, 1874, Stats. 
 1873-74, p. 204; as to Colusa county, March 30, 1874, Stats. 1873-74, 
 p. 873. Superseded as to various counties in various particulars at 
 various times, and all particulars relating to fees and salaries of the 
 county officers therein, by the various county government acts from 
 1883 to 1897, and their amendments (see Kerr's Cyc. Political Code, 
 §§ 4230, et seq.). The provisions as to fees and commissions paid by 
 the state for assessment, equalization, auditing and collecting ad 
 valorem taxes, were .repealed by the act of February 23, 1893, p. 5 
 (County of Yoio v. Colgan, 132 Cal. 265, 64 Pac. 403). The act is prob- 
 ably not now in force in any except minor particulars (see notes, also 
 see Act 1479, and notes). The act repealed all previous acts relating 
 to the subject dealt with. 
 
 The amendment of 1917 is as follows: 
 
 Fees of grand and trial jurors. 
 
 $ 28. Grand and trial jurors shall receive the fees as established by law. No juror 
 who shall be excused from attendance upon his own motion, on the first day of his 
 appearance, in obedience to the venire, shall receive per diem, but mileage only. In 
 civil actions tried by a jury the party or parties to the action who shall announce that
 
 Act 1475 
 
 GBNRRAK l-AWS. 
 
 742 
 
 a trial by jury is required shall pay the trial jury their per diem fees as jurors but 
 shall recover the fees so paid, except in actions to recover the possession of personal 
 property where the value of the property recovered amounts to less than three hundi-ed 
 dollars and in actions for the recovery of money or damages where the recovery is less 
 than three hundred dollars, as costs from the party or parties against whom the verdict 
 is rendered. For that purpose (he party or parties to the action who shall announce that 
 a trial by jury is required shall be required during the trial to deposit daily with the 
 clerk of the court, at or before the time the case each day is called for trial, the 
 amount of money necessary to pay in full the trial jury fees, for such day. Out of 
 the total sum of money so deposited the clerk shall pay daily to each trial juror the 
 fees to which he shall be entitled as provided by law. Clerks of courts of record shall 
 keep an account of all money received for trials by each juror during the term, and 
 if the sum so received by such juror shall not amount to the jury fees provided by law 
 per day, he shall deliver to such juror a certificate of the time for which he is entitled 
 to receive pay, which shall be paid out of the county treasury as other county dues. 
 If in any trial in a civil case the jury be for any cause discharged without finding a 
 verdict, the fees of the jury shall be paid by the party who shall have announced that 
 a trial by jury is required, but may be recovered as costs if he afterwards obtain 
 judgment; and until they are paid no further proceedings shall be allowed in the 
 action. On the first day of each regular meeting of the board of supervisors the clerks 
 of courts of record shall file with the clerk of the board of supervisors of their respec- 
 tive counties a detailed statement, containing a list of the jurors, and the amount of 
 fees earned by each juror and paid out of the county treasury. No allowances shall 
 be made to any clerk for any service performed by him, until the statement required by 
 this section shall have been filed as aforesaid. [Amendment of May 21, 1917. In 
 effect July 27, 1917. Stats. 1917, p. 788.] 
 
 The amending act of 1917 contains the following: 
 
 Eepealed. 
 
 $ 2. All acts and parts of acts in conflict with this act are hereby repealed. 
 
 3. The act of JS»5 (Stats. 1895, p. 267) 
 did not repeal the act of 1870 except as to 
 the amount of the fees allowed jurors, and 
 not as to the mode of payment. — Hilton v. 
 Curry, 124 Cal. 84, 56 Pac. 784. 
 
 4. NeooK.sity for payment of cost of Jury 
 In civil caKCi. — Cases upholding the require- 
 ment that expenses of jury trials must be 
 paid before further proceedings are al- 
 lowed. — Lukes V. Logan, 66 Cal. 33; Fair- 
 child V. King, 102 Cal. 320; Carpenter v. 
 Jones, 121 Cal. 362. 
 
 5. Suits in forma pauperis. — The act of 
 1917 and the act of 1868 requiring payment 
 of cost of jury trial have no application 
 in a case where the plaintiff Is permitted 
 to sue in forma pauperis. — Majors v. Su- 
 perior Court, 58 Cal. Dec. 273. 
 
 6. Fees of jurors in criminal cases in San 
 Francisco. — Neither the act of 1870, nor the 
 act of 1866 (Stats. 1865-66, p. 122), nor the 
 consolidation act (Stats. 1856, p. 145), nor 
 the act of 1895 (Stats. 1895, p. 267), author- 
 izes the payment of jurors in criminal cases 
 in San Francisco out of tlie municipal treas- 
 ury. — Birch V. Phelan, 127 Cal. 49, 59 Pac. 
 209; Powell v. Phelan, 138 Cal. 271, 71 Pac. 
 3S5. 
 
 7. Fees of jurors In civil cases In San 
 Francisco. — The act of 1870 exjjressly ex- 
 
 Act not In force — Exceptions. — This act is 
 probably not in force in any respect except 
 as to the provisions of section 28, as 
 amended In 1917, and possibly section 33 as 
 to fees of interpreters and translator, which 
 does not appear to have been amended. 
 These two sections are reprinted here. 
 
 Code commissioner's note: "Repealed, as 
 to the salaries and fees therein named, by 
 the various County Government Acts, com- 
 mencing with 1883, p. 299, and ending with 
 1897, p. 452. Repealed by fee bill of 1895, 
 p. 267, as to the officers therein named; also 
 repealed as to sundry counties by special 
 acts relating to them. (Swinnerton v. 
 Monterey Co., 76 Cal. 115 [18 Pac. 135]; Sac- 
 ramento Co. v. Colgan, 114 Cal. 246, [46 Pac. 
 175]; County of Tolo v. Colgan, 132 Cal. 265, 
 [84 Am. St. Rep. 41, 64 Pac. 43]. >" 
 
 1. Act repealed. — The act of 1870 was 
 repealed so far as Sacramento County was 
 concerned by the act of February 28. 1874 
 (Stats. 1873-74, p. 204). — County of Sacra- 
 mento V. Colgan, 114 Cal. 246, 46 Pac. 175. 
 
 2. Act not repealed. — That portion of the 
 act of 1870 as amended In 1872 (Stats. 1871- 
 72, p. 188) relating to fees of jurors in civil 
 cases, was not repealed by the codes, nor 
 by the act of 1895 (Stats. 1895, p. 267).— 
 Carpenter v. Jones, 121 Cal. 362, 53 Pac. 842. 
 
 il
 
 713 
 
 fe:e:s. 
 
 Acts 1477, 1479 
 
 ceptecl and exempted San Francisco from Its 
 operations, and the provision as to the issue 
 of a juror's certificate is not repugnant to 
 the provisions of the act of 1895 (Stats. 
 1895, p. 267) relating- to the fees of jurors. — 
 Hilton V. Curry, 124 Cal. 84, 56 Pac. 784. 
 
 8. The right of a juror to compensation 
 is purely statutory, and he can only claim 
 such compensation in the manner and 
 amount prescribed by statute. — Hilton v. 
 Curry, 124 Cal. 84, 56 Pac. 784. 
 
 9. Fees of trial jurors. — Trial jurors are 
 given compensation only for attendance, 
 and not when excused from attendance. — 
 Jacobs V. Elliott, 104 Cal. 318, 37 Pac. 942. 
 
 10. Order to issne juror's certificate.^ 
 The jurisdiction to make the order under 
 section 28 as to issue of jurors' certificates 
 in civil cases, in case the fees are not paid 
 by the plaintiff, and payment out of the 
 county treasury rests on special circum- 
 stances, and when those circumstances do 
 not exist, the court has no power to make 
 it. — Ex parte Makinney, 2 Cal. Unrep. 283, 
 3 Pac. 253. 
 
 11. Justices' fees. — The provision of the 
 amendment of 1878 (Stats. 1877-78, p. 134) 
 requiring "all fees of justices of the peace" 
 to be paid before a justice is compelled to 
 forward the papers on appeal, contemplates 
 the payment of all fees incurred by both 
 appellant and respondent; and that provi- 
 sion is not in conflict with section 977, Code 
 of Civil Procedure. — Webster v. Hanna, 102 
 Cal. 177, 36 Pac. 421. 
 
 12. Di.strict attorney — Fees in prosecu- 
 tions before justices' courts. — Where the 
 district attorney did not institute the pro- 
 ceeding, and did not appear and prosecute 
 the case, either in person or by deputy, he 
 is not entitled to fees in prosecutions before 
 
 a justice court under the act of 1870 and 
 sections 4256-4258, Political Code. — Edwards 
 V. County of Fresno, 74 Cal. 475, 16 Pac. 239. 
 
 13. Fines for breaches of city ordinances. 
 — The state has no interest whatever in 
 fines collected for breaches of city ordi- 
 nances, nor in the prosecution thereof, and 
 the fees of the district attorney for the 
 prosecution of such cases cannot, under the 
 act of 1870, become a charge against the 
 county. — Pillsbury v. Brown, 47 Cal. 477. 
 
 14. Appealable order. — The refusal of the 
 court to make an order allowing the sheriff 
 keeper's fees, is not appealable. — Greehn v. 
 Shumway, 73 Cal. 263, 14 Pac. 863. 
 
 15. Keeper's fees. — A permission given 
 on the street, to the sheriff, by the judge, 
 to pay keeper's fees, is not an order; and 
 even the judge had promised to have the 
 order entered, it would not have amounted 
 to an order. — Shumway v. Leaky, 73 Cal. 
 260, 14 Pac. 841. 
 
 15a. Under this act the sheriff is not al- 
 lowed payment for keeping possession of 
 and preserving property under attachment 
 or execution until an allowance is made by 
 the court. — Geil v. Stevens, 48 Cal. 590; 
 Bower v. Rankin, 61 Cal. 108; Shumway v. 
 Leaky, 73 Cal. 260, 14 Pac. 841. 
 
 After an order allov^ing keeper's fees has 
 been made the amount due is just debt and 
 may be set out as a counter claim in an 
 action against the sheriff for damages for 
 failure to sell property under execution. — 
 Alexander v. Wilson, 7 Cal. Unrep. 195, 79 
 Pac. 274. 
 
 16. Order for payment of keeper's fees 
 must be made in the attachment suit, and 
 not in another action. — Shumway V. Leaky, 
 73 Cal. 260, 14 Pac. 841. 
 
 FEES, ETC., IN CITIES AND COUNTIES OF OVER 100,000 INHABITANTS. 
 
 ACT 1477 — An act to provide and regulate the manner of receiving and paying fees, 
 
 commissions, percentages, and other compensation for of&cial services in cities and 
 
 cities and counties having a population of over one hundred thousand inhabitants, 
 
 and prescribing the duties of ofiicers -with reference thereto. 
 
 History: Approved March 11, 1893, Stats. 1893, p. 127. Amended 
 March 20, 1895, Stats. 1895, p. 164. 
 
 1. Constitutionality — Arbitrary distinc- 
 tion. — The act is unconstitutional and in- 
 valid because based on an arbitrary distinc- 
 tion, since the law being for the protection 
 of the municipality and not for the conve- 
 nience of the public, there is no reason why 
 the same protection should not be given 
 cities of less population. — Rauer v. Williams, 
 118 Cal. 401, 50 Pac. 691. 
 
 2. Same — Special law. — The act is uncon- 
 
 stitutional and invalid, because It Is a spe- 
 cial law passed in a case where a general 
 law Is applicable. — Rauer v. Williams, 118 
 Cal. 401, 50 Pac. 691. 
 
 3. Two-dollar jndjerment fee. — This act 
 does not contemplate or permit the recep- 
 tion by a justice of the peace personally of 
 a two-dollar fee for the entry of a judg- 
 ment. — Reid v. Groezinger, 115 Cal. 551, 47 
 Pac. 374. 
 
 FEES OF COUNTY, TOWNSHIP AND OTHER OFFICERS. 
 ACT 1479 — An act to establish the fees of county, township and other ofiicers, and of 
 jurors and witnesses in this state. 
 
 History: Approved March 28, 1895, Stats. 1895, p. 267. 
 
 Code commissioners' note: "Unconstitu- 
 tional as to the requirement of a deposit on 
 the appraised valuation of estates (Fatjo v. 
 Pfl.ster, 117 Cal. 83 [48 I'ao. 1012]); also in so 
 
 far as it provides that justices shall retain 
 fees for their own use (Reid v. Groezinger, 
 115 Cal. 551 [47 Pac. 374]); also as to the 
 amount of justices' fees generally (Dwyer
 
 Act 1480 
 
 GENKRAL L.AAVS. 
 
 744 
 
 7. Parker, 115 Cal. 544 [47 Tac. 372]).— See 
 r;ooley V. Calaveras Co.. 121 Cal. 482 [53 Pac. 
 1075]; also as to constables in counties of 
 the thirty-fourth class (Kiernan v. Swan, 
 131 Cal. 410 [63 Pac. 7G8])." 
 
 Kdltor's no<e: Statutes fixing fees of 
 county and township officers prior to the 
 County Government Act of 1883 were re- 
 pealed by the latter statute in the following 
 provisions: Sec. 164 — "The salaries and fees 
 provided for in this act shall be In full com- 
 pensation for all services of every kind and 
 description rendered by the officers therein 
 named," etc. Sec. 182 — "The provisions of 
 this act, so far as it relates to the fees and 
 salaries of all officers named, except justices 
 of the peace and constables, shall not affect 
 the present incumbents," etc. Sec. 184 — "All 
 acts and parts of acts inconsistent with this 
 act are hereby repealed." So the statute 
 here given purports to fix fees that may be 
 charged and repeals "all acts or portions of 
 acts inconsistent therewith." 
 
 Jury fees. — It may be further noted that, 
 while the amount of Jury fees is here fixed, 
 yet it has been held that the provision in 
 the statute of 1870, as amended by 1871-2, 
 p. 188, ch. CLXVIII, that jury fees shall be 
 paid by party calling for jury, where jury 
 is discharged without having arrived at a 
 verdict, has not been repealed by the codes 
 nor by subsequent legislation. — Carpenter v. 
 Jones, 121 Cal. 362, 364, 53 Pac. 842. 
 
 And aft to feen in Snn FrnnoiiDoo, it was 
 held that the statute of 1866 had not been 
 repealed, as to the mode in which payment 
 should be made. — Hilton v. Curry, 124 Cal. 
 84-89, 56 Pac. 784; Birch v.. Phelan, 127 Cal. 
 49, 50, 51, 59 Pac. 209; but that statute is 
 now repealed: 1005, 387, ch. CCCXXXI. 
 
 1. Constitutionality — Whole act not in- 
 validated. — The unconstitutionality of the 
 provisions of the act relating to the com- 
 pensation of justices of the peace and con- 
 stables does not invalidate the whole act, 
 and there remains a full and complete fee 
 bill for all county and township officers 
 named, which to that extent supersedes the 
 county government act of 1893. — Dwyer v. 
 Parker, 115 Cal. 544, 47 Pac. 372. See, also, 
 Burce v. Jack, 135 Cal. 535. 
 
 '2, Same — Uniform operation. — The act Is 
 obnoxious to the provision of section 11, 
 Article I of the constitution, requiring all 
 laws of a general nature to have a uniform 
 operation. — Dwyer v. Parker, 115 Cal. 544, 
 47 Pac. 372. 
 
 3. Same — Fixing feeg of JU8tlce« of the 
 I»eace ^vlthout regard to clamxiflcation of 
 oonnties. — The act is obnoxious to section 5, 
 Article XI of the constitution, because it 
 attempts to fix the compensation of justices 
 of the peace and constables without regard 
 to the classification of counties required in 
 order to fix such compensation in propor- 
 
 tion to duties performed. — Dwyer v. Parker, 
 115 Cal. 544, 47 Pac. 372. See, also, Knight 
 V. Martin, 128 Cal. 245, 60 Pac. 849; Kiernan 
 V. Swan, 131 Cal. 410, 63 Pac. 768; TJiom v. 
 Los Angeles, 136 Cal. 375, 69 Pac. 18; John- 
 ston v. Los Angeles, 5 Cal. Unrep. 568, 47 
 Pac. 374; Westerfleld v. Riverside County, 5 
 Cal. Unrep. 855, 50 Pac. 929. 
 
 4. Same — Iniponition of tax for count.v 
 purpoNfM.- — Section 1 of the act violates sec- 
 tion 12, Article XII of the constitution, in 
 that it attempts to impose a tax for county 
 purposes. — Fatjo v. Pfister, 117 Cal. 83, 48 
 Pac. 1012. See, also, Wingerter v. San Fran- 
 cisco, 134 Cal. 547, 86 Am. St. Rep. 294, 6G 
 Am. Rep. 730; Trower v. San Francisco, 
 152 Cal. 479, 15 L. R. A. (N. S.) 183, 92 Pac. 
 1025. 
 
 6. Same — Subject not ecrmane — Xot ex- 
 pressed In title. — Section 1 of the act vio- 
 lates section 24, Article IV of the constitu- 
 tion, in that its subject Is not expressed in 
 the title and is not germane thereto. — Fatjo 
 v. Pfister, 117 Cal. 83, 48 Pac. 1012. See, also. 
 Wingerter v. San Francisco, 134 Cal. 547. 
 86 Ajn. St. Rep. 294, 66 Pac. 730; Trower v. 
 Ban Francisco, 152 Cal. 479, 15 L. R. A 
 (N. S.) 183, 92 Pac. 1025. 
 
 6. Same — Illegal tax. — Section 1 of the 
 act is obnoxious to section 1, Article XIII 
 of the constitution, in that it is an attempt 
 under the guise of fee to impose an ad 
 valorem property tax upon the estates 
 named, regardless of their solvency or in- 
 solvency. — Fatjo v. Pfister, 117 Cal. 83, 48 
 Pac. 1012. See, also, Wingerter v. San Fran- 
 cisco, 134 Cal. 547, 86 Am. St. Rep. 294, 66 
 Pac. 730; Trower v. San Francisco, 152 Cal. 
 479, 15 L. R. A. (N. S.) 183, 92 Pac. 1025. 
 
 7. The act Is applioalile to San Francineo. 
 is repugnant to the act of 1866 (Stats. 
 1865-66, p. 66), is a valid law, and operated 
 as a repeal of that act. — Miller v. Curry. 
 113 Cal. 644. 45 Pac. 877. But, see, Doyle v. 
 Eschen, 5 Cal. App. 55, 89 Pac. 836. 
 
 8. Tlie not had no application to the City 
 and Connty of San Francisco. — Powell v. 
 Phelan, 138 Cal. 271; 71 Pac. 335. 
 
 9. Fees of justices of the peace. — The 
 two-dollar fee for all services performed by 
 the justice of the peace before trial Includes 
 issuance of attachment and approval of 
 bond, including justification of sureties, not- 
 withstanding separate provisions for process 
 not otherwise provided for, and for taking 
 and approving bond. — Kozminsky v. Wil- 
 liams, 126 Cal. 26, 58 Pac. 310. 
 
 10. Witness fees in criminal cases. — The 
 act does not provide for the means or man- 
 ner of paying fees of witnesses in criminal 
 cases. — Murphy v. Madden, 130 Cal. 674, 63 
 Pac. 80. 
 
 11. Superseded. — This act was super- 
 seded. See Kerr's Cyc. Political Code, 
 55 4300, 4300a, 4300k, 4301. 
 
 PAYMENT OF TRIAL JURORS' FEES. 
 A.CT 1480 — An act for the payment of the fees due to trial jurors, who have served as 
 such in the superior court of any county or city and county of this state, oudcr the 
 ?c% of 1295. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 684. 
 
 I
 
 745 FENCES. Acts 1481-1493 
 
 PAYMENT OF MUNICIPAL OFFICERS. 
 
 ACT 1481 — An act forbidding the payment of municipal officers out of the funds of 
 
 the county. 
 
 History: Approved March 8, 1905, Stats. 1905, p. 88. 
 
 $ 1. In no case shall the fees of a city justice of the peace, town or city recorder 
 or city or town marshal, for services in any criminal action, be a charge against the 
 county. 
 
 1. Constitutionalitr. — The act is clearly a 71 Pac. 335. See, also, Jackson v. Baehr, 
 violation of section 31, Article IV of the 138 Cal. 266, 71 Pac. 167. 
 constitution. — Powell v. Phelan, 138 Cal. 271, 
 
 CHAPTER IIL 
 
 FENCES. 
 
 References: Acts relating to, continued in force, Kerr's Cyc. Political Code, S 19. 
 Construction of along highways, see Kerr's Cyc. Political Code, §2647. 
 Estrays, see tit. "Estrays." 
 
 Fences in particular counties, see particular county. 
 
 Opening, tearing down, destroying, see Kerr's Cyc. Penal Code, S 602, subdY. (h). 
 Removal of in laying out highways. 
 Trespassing animals, see tit. "Trespassing Animals." 
 See, generally, tits. "Hogs" ; "Goats"; "Sheep." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1492. Concerning Lawfui, Fences and Trespassing Animals on Enclosed Lands. 
 
 1493. Concerning Lawful Fences in Certain Counties. 
 
 1494. Concerning Lawfxil Fences in Certain Counties. 
 
 1495. Construction of Division Fences. 
 
 1496. Height of Division and Partition Fences. 
 
 1497. "Spite" Fences, and Abatement Thereof. 
 
 1499. Entering, Passing Through, and Hunting on Enclosed Land. 
 
 CONCERNING LAWFUL FENCES AND TRESPASSING ANIMALS. 
 ACT 1492 — An act concerning lawful fences, and animals trespassing on premises 
 lawfully enclosed. 
 
 History: Passed March 30, 1850, Stats. 1850, p. 131. (See Act 1493, 
 and notes to this act.) 
 
 Code commissioners' note: "Repealed as Ing- from their being- permitted to run at 
 to many counties by tlie statute of 1855, large. — Logan v. Gedney, 38 Cal. 579. 
 p. 154, from which, however, Amador, Butte, 2. Repeal. — The effect of the act of March 
 Calaveras, Colusa, Klamath, Nevada, Placer, 7, 1878 (Stats. 1877-78, p. 176), concerning 
 •San Bernardino, San Diego, Santa Barbara, trespassing of animals in certain counties in 
 Shasta, Siskiyou, Trinity, Tuolumne, and California, was to repeal the act of 1850 
 Yuba counties were omitted. The statute of concerning lawful fences, so far as the 
 1855 was afterwards amended to include counties named were concerned. — Elevens v. 
 Butte, Calaveras, and Nevada. Special acts Mullally, 22 Cal. App. 519, 135 Pac. 307. 
 were passed relating to other counties, but 3. Liability for injuries to passing ani- 
 the statute of 1850 has apparently not been mals — Question of lawful fence, vel non, 
 repealed as to Amador, Klamath, San Diego, immaterial. — The liability of one who main- 
 Santa Barbara, Siskiyou, and Trinity coun- tains a fence along a public highway for 
 ties." injuries to passing animals, does not depend 
 
 1. Common law rule. — This act is by nee- upon the question whether his fence came 
 
 essary implication directly in conflict with up to the standard adopted by the legisla- 
 
 and repugnant to the rule of the common ture in this act, which is merely descriptive 
 
 law that every man is bound to keep his of what the legislature considered a good 
 
 beasts in his own close under penalty of an- fence, so far as trespassing animals were 
 
 swering in damages for all injuries result- concerned. — Loveland v. Gardner, 79 Cal. 317, 
 
 21 Pac. 766. 
 
 CONCERNING LAWFUL FENCES. 
 ACT 1493 — An act concerning lawful fences. 
 
 History: Approved April 27, 1855, Stats. 1855, p. 154. Amended 
 April 9, 1859, Stats. 1858, p. 123; April 3, 1S60, Stats. 1860, p. 141; 
 May IS, 1861, Stats. 1861, pp. 510, 513: April 4. 1864, Stats. 1864, 
 p. 465. Most of the amendatory acts were also supplementary.
 
 Acts 1404. 1495 
 
 GENERAL LAAVS. 
 
 r46 
 
 Editor'* note: This act excepted from its 
 operation the counties of Butte, Amador, 
 Tuolumne, Calaveras, San Diego, Nevada, 
 San Bernardino, Colusa, Placer, Santa Bar- 
 bara, Yuba, Trinity, Shasta, Klamath, and 
 Siskiyou. 
 
 Marin county was included by the amend- 
 ment of 1858, and was excepted in 1861. The 
 amendment of 1861 (p. 513) also applied the 
 act to all counties except Sonoma, Napa, 
 El Dorado, Yuba and Marin. 
 
 This act and the supplementary act of 
 1860, p. 141, were continued in force by the 
 Political Code, § 19, and consequently the 
 counties to which they apply are not subject 
 to the provisions of § 841 of the Civil Code. 
 — Meade v. Watson, 67 Cal. 591, 8 Pac. 311. 
 See, also, Gonzalez v. Wasson, 51 Cal. 295. 
 
 1. Fence laws repealed. — The estray act 
 of 1915 (636) repeals all fence laws in all 
 the counties of the state except the six 
 specified. — Montezuma, etc., Co. v. Simmerly, 
 58 Cal. Dec. 563. 
 
 2. The coinmon law rale requiring the 
 owner of cattle to keep his animals from 
 his neighbor's lands, fenced or unfenced, is 
 in operation in Mendocino county. Monte- 
 zuma, etc., Co. V. Simmerly, 58 Cal. Dec. 563. 
 (See Act 1401, notes.) 
 
 3. The complaint states a canse of action 
 for damages for trespass on unenclosed 
 lands. — Montezuma, etc., Co. v. Simmerly, 58 
 Cal. Dec. 563. 
 
 4. Section 5 of this act as amended in 
 1860 (Stats. 1860, p. 141), is in force in the 
 counties named and section 841, Civil Code, 
 is in force in all other counties. — Gonzales v. 
 Wasson, 51 Cal. 295. (Note: The act of 1850 
 contained no section 5, and the opinion evi- 
 dently refers to the act of 1855.) 
 
 5. Lar^ful fence — Recovery of damages. — 
 A statutory fence or one equivalent thereto 
 Is essential to the right of recovery of dam- 
 ages for animals breaking into plaintiff's 
 close. — Comerford v. Dupuy, 17 Cal. 308. 
 
 5a. A good, strong, substantial, and law- 
 ful stone fence, forming a perfect enclosure, 
 and sufficient to prevent the ingress and 
 egress of stock to and from the premises 
 enclosed thereby, is an equivalent of the 
 lawful fence prescribed by the statute. — 
 Meade v. Watson, 67 Cal. 591, 8 Pac. 311. 
 
 6. Railroad fence. — The railroad act of 
 1861 (Stats. 1861, p. 607) requiring the com- 
 pany to make and maintain a good and law- 
 ful fence, must be considered as referring to 
 and adopting the standard previously estab- 
 lished by the act of 1855. — Enright v. San 
 Francisco, etc., R. R. Co., 33 Cal. 230. 
 
 7. Continued In force by the codes. — The 
 act was continued in force by section 19 of 
 the Political Code, and is not subject to 
 the provisions of section 841, of the Civil 
 Code, so far as the counties to which it 
 applies are concerned. — Meade v. Watson, 67 
 Cal. 591, 8 Pac. 311. See, also, Gonzales v. 
 Wasson, 51 Cal. 295. 
 
 8. Division fence. — A line, or division 
 fence must be a lawful fence. — Meade v. 
 Watson, 67 Cal. 591, 8 Pac. 311. 
 
 9. The fact that defendant's land was, by 
 an understanding with the owners of other 
 tracts of land lying adjacent to his tract, 
 enclosed in one field by a common enclosure, 
 does not make such enclosure any the less 
 an enclosure within the meaning of section 5 
 of the act providing for partition or divi- 
 sion fences between adjacent land owners, 
 and the recovery of one-half the value 
 thereof by the original owner of such fence. 
 — Gonzales v. Wasson, 51 Cal. 295. 
 
 10. It is not necessary, in order to make 
 an enclosure within the meaning of sec- 
 tion 5, that defendant should have con- 
 structed a fence at a place where there was 
 a natural barrier which was sufficient to 
 protect his land. — Gonzales v. Wasson, 51 
 Cal. 295. 
 
 11. Same — Lien for one-half value. — The 
 lien was not intended as an exclusive rem- 
 edy for the recovery of compensation for the 
 one-half of the value of the division fence, 
 but is given as a further remedy, in addition 
 to the ordinary remedy by action, which a 
 party may avail himself of at his election. — 
 Gonzales v. Wasson, 51 Cal. 295. 
 
 12. Same — Liability attaches when de- 
 fendant encloses his land, and is not im- 
 paired by the passage of the act of Feb- 
 ruary 4, 1874 (Stats. 1873-74, p. 50), an act 
 to protect agriculture and to prevent the 
 trespassing of animals, etc. — Gonzales V. 
 Wasson, 51 Cal. 295. 
 
 LAWFUL FENCES IN CERTAIN COUNTIES. 
 
 ACT 1494 — An act concerning lawful fences in San Bernardino, Colusa^ Shasta* 
 
 Tehama, and Placer counties. 
 
 History: Approved April 18, 1859, Stats. 1859. p. 279. Extended to 
 Yuba county April 20, 1863, Stats. 1863, p. 357. Extending act repealed 
 by the act of March 30, 1872, Stats. 1871-72, p. 700. 
 
 LAWFUL DIVISION FENCES. 
 
 ACT 1495 — An act to provide for the constructing division fences. 
 
 History: Approved March 9, 1876, Stats. 1875-76, p. 175. Amended 
 March 30, 1878, Stats. 1877-78, p. 765. Repealed April 1, 1878, as to 
 San Mateo county. Stats. 1877-78, p. 1019. 
 
 This act applied to the counties of Sacra- 
 mento, Solano, Sutter, Yuba, Butte, Contra 
 Costa, San Joaquin (parts of), Amador, San 
 
 Luis Obispo, Santa Barbara, Ventura, Tu- 
 lare, Rl Dorado, Tuolumne, San Mateo and 
 Nevada. 
 
 I
 
 747 FENCES. Acts 1496, 1497, §8 1, 3 
 
 HEIGHT OF DIVISION AND PARTITION FENCES. 
 ACT 1496 — An act regulating the height of division and partition fences in cities. 
 History: Approved March 9, 1885, Stats. 1885, p. 45. 
 
 Partition fence not to exceed ten feet in height. 
 
 $ 1. It shall be unlawful for the owner of real property in anj'^ city or town in this 
 state, or any person having possession thereof, to construct, erect, build, permit, or 
 maintain upon such premises, any fence or partition wall which shall exceed ten feet 
 in height, without first obtaining a permit to do so from the board of supervisors or city 
 council of the city or town in which said fence or wall is to be erected and maintained. 
 
 Consent of adjoining owner. 
 
 $ 2. No permit to construct or maintain any fence or division partition wall having 
 a greater height than ten feet, shall be granted by the board of supervisors or city 
 council of any city or town in this state, unless the person applying therefor, and to 
 whom such permit is granted, shall first obtain and present to such board of supervi- 
 sors or city council the written consent of the person or persons having ownership and 
 possession of the adjoining premises affected thereby; provided, that where such fence 
 or wall is constructed around a public garden, or place of public resort where an admis- 
 sion fee is charged, no signature or consent of adjacent owners shall be required. 
 
 Misdemeanor. Penalty. 
 
 § 3. Any violation of section one of this act shall be deemed a misdemeanor, and the 
 person so offending shall be punished by a fine of not less than fifty nor more than five 
 hundred dollars, or by 'imprisonment in the county jail for not less than sixty days nor 
 more than one year, or by both fine and imprisonment. 
 
 1. The act is a general law, and operates 3. Construction of act. — The act must be 
 alike upon all who are within the reason of construed to give it validity if possible, and 
 the act. — Western, etc., Co. v. Knicker- it will not be construed to prevent an owner 
 bocker, 10.3 Cal. Ill, 37 Pac. 192. from erecting a fence or any other structure 
 
 2. Power of legislature as to creation of on his own land, although such structure 
 easements, etc. — The legislature cannot may cut off his neighbor's light and air, 
 create an easement in favor of certain pro- but only to prevent the erection of a fence 
 prietors over the lands of another, nor de- over ten feet high on the dividing line be- 
 clare the usual and ordinary use of prop- tween the adjoining properties. — Western, 
 erty a nuisance, when such use infringes etc., Co. v. Knickerbocker, 103 Cal. Ill, 37 
 upon the legal rights of no one. — Western, Pac. 192; Ingwersen v. Barry, 118 Cal. 342, 
 etc., Co. V. Knickerbocker, 103 Cal. Ill, 37 50 Pac. 536. 
 
 Pac. 192; Ingwersen v. Barry, 118 Cal. 342, 
 60 Pac. 636. 
 
 SPITE FENCES. 
 
 ACT 1497 — An act in relation to fences and other structures erected to annoy, and for 
 the abatement of nuisances. 
 
 History: Approved May 28, 1913, Stats. 1913, p. 342. 
 
 Pence ten feet high a nuisance. 
 
 § 1. Any fence or other structure in the nature of a fence, unnecessarily exceeding 
 ten feet in height maliciously erected or maintained for the purpose of annoying the 
 owner or occupants of adjoining property, shall be deemed a private nuisance. 
 
 Injured person's recourse. 
 
 ^ 2. Any such owner or occupant, injured either in- his comfort or the enjoyment of 
 his estate by such nuisance may enforce the remedies against the continuance of the 
 same prescribed in title III, part III of the Civil Code of the state of California.
 
 Act 149», §§ 1-9 GENERAL LAWS. 748 
 
 ENTERING, PASSING THROUGH, AND HUNTING IN INCLOSURES. 
 
 ACT 1499 — An act to prevent persons passing through inclosures and leaving them 
 
 open, by tearing down fences, or otherwise, and to prevent hunting upon inclosed 
 
 lands in the state of California. 
 
 History: Approved March 23, 1876, Stats. 1875-76, p. 408. Amended 
 January 25, 1878, Stats. 1877-78, p. 49; March 30, 1878, Stats. 1877-78, 
 p. 776. Prior act approved March 16, 1872, Stats. 1871-72, p. 384, prob. 
 ably superseded, as also probably was the present act. See note. 
 
 Misdemeanor. 
 
 § 1. Every person who shall open any gate, bars, or fence of another, for the pur- 
 pose of passing through, and shall willfully leave the same open, without the permission 
 of the owner, is guilty of a misdemeanor. 
 
 Same. 
 
 $ 2. Every person who willfully opens, tears down, or otherwise destroys any fence 
 on the inclosed land of another, is guilty of a misdemeanor. 
 
 Same. 
 
 $ 3. Every person who willfully enters upon the inclosed land of another for the 
 pui-pose of hunting, or who discharges firearms, or lights camp-fires thereon, without 
 first having obtained permission of the owner or occupant of said land, is guilty of a 
 misdemeanor. 
 
 Same. 
 
 $ 4. Every person who willfully, carelessly, or negligently, while hunting or camping 
 upon the inclosed land of another, kills, maims, or wounds an animal, the property of 
 another, is guilty of a misdemeanor. 
 
 Same. 
 
 § 5. Every person who, upon departing from camp, willfully leaves the fire or fires 
 burning or unextinguished, is guilty of a misdemeanor. 
 
 Penalty. 
 
 § 6. Every person found guilty of any of the misdemeanors herein mentioned shall 
 be fined not less than twenty nor more than fifty dollars, and shall be imprisoned in 
 the county jail until such fine be satisfied, not exceeding one day for every two dollars 
 thereof. 
 
 Conflicting acts repealed. 
 
 § 7. All acts and parts of acts in conflict herewith are repealed; provided, however, 
 nothing herein contained shall be construed as repealing section five hundred and 
 ninety-four of the Penal Code. 
 
 Counties excepted. 
 
 § 8. Section three of this act shall not apply to the counties of Los Angeles, San 
 Diego, Sutter, San Benito, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, 
 Tuolumne, Shasta, Plumas, Lassen, Siskiyou, Modoc, Trinity, Sierra, Placer, and Santa 
 Cruz. [Amendment approved March 30, 1878. Stats 1877-78, p. 776.] 
 
 Another amendment of section 8 at same session of the legislatnre. By an act approved 
 January 25, 1878 (Stats. 1877-78, p. 49), § 8 was amended to read: 
 
 "Sec. 8. Section three of this act shall not apply to the counties of Loa Ang-eles, San 
 Diego, Sutter, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuolumne, San Luis 
 Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra, and Placer." 
 
 Act takes effect when. 
 
 § 9. This act shall take effect immediately. 
 
 1 
 
 t'
 
 749 FBRRIKS. Act 1505, §§ 1-4 
 
 Code commissioner's note: Concerningr Code commissioner's note: In his "List of 
 
 S 602 of the Penal Code, the code commis- Statutes in Force," the code commissioner 
 
 sioner says: "The eighth subdivision is a says of this act: "§ 5 of the act superseded 
 
 codification of the statute of 1871-72, p. 384, by Pen. Code, § 384b, as adopted in 1905; §4 
 
 and the ninth Is a codification of part of § 3 superseded by Pen. Code, § 384c, as adopted 
 
 of the statute of 1875-76, p. 408, to prevent in 1905; §§ 1-3 probably superseded by Pen. 
 
 hunting upon inclosed lands." Code, § 602, subds. 8 and 9, as amended in 
 
 1905." 
 
 TERNDALE. 
 
 See Act 3094, note. 
 
 CHAPTER 112. 
 TERRIES. 
 
 References: Corporations, see Kerr's Cyc. Civil Code, §§ 528, et seq. 
 Crossing without pay, see Kerr's Cyc. Penal Code, § 389. 
 Defined, for assessment purposes, see Kerr's Cyc. Political Code, § 3643. 
 Ferries, generally, see Kerr's Cyc. Political Code, §§ 2843, et seq. 
 Maintaining without license, see Kerr's Cyc. Penal Code, §386. 
 Violating condition to maintain, see Kerr's Cyc. Penal Code, § 387. 
 Wagon road corporations, rights and duties of, with respect to, see Kerr's Cyc. Civil 
 
 Code, § 514. 
 See, generally, tit. "Bridges." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1505. Across Navigable Eivers Between Counties. 
 1506. Across Streams Wholly Within Counties. 
 
 ACROSS NAVIGABLE RIVERS BETWEEN COUNTIES. 
 ACT 1505 — An act relating to ferries across navigable rivers separating counties, and 
 empowering the boards of supervisors of such counties to establish and maintain 
 ferries across such rivers, and to pay the expense thereof. 
 
 History: Approved March 16, 1903, Stats. 1903, p. 156. ; 
 
 Power to establish. 
 
 $ 1. When a navigable river forms a boundary between two counties of this state, 
 the boards of supervisors of such counties are hereby given the power to establish and 
 operate a ferry or ferries across such stream. 
 
 Expenses of operating. 
 
 $ 2. Each of such counties shall pay such proportion of the expenses of establisliing 
 and operating said ferry or ferries as may be agreed upon by the board of supervisors 
 of such counties. 
 
 Refusal of one county to establish. Proceedings. Landing places. 
 
 $ 3. In case either of said counties shall refuse to enter into an agreement to estab- 
 lish and operate such ferry or ferries, the county situated upon the opposite bank of 
 such river may establish and operate a ferry or ferries across such river, and such 
 county is hereby empowered to acquire landing places for such ferry or ferries on the 
 bank of such river opposite the boundary of such county, and may pay the expense ot 
 establishing and operating said ferry or ferries out of the general road fund of such 
 county. 
 
 $ 4. This act shall take effect from and after its passage. 
 
 1. Licensing;. — Tlie provision of the act of said states as to the citizens of the United 
 admission that "all navigable waters within States," does not prohibit the state from re- 
 said state shall be common highways and quiring a franchise or permit to operate a 
 forever free as well to the inhabitants of the ferry upon such waters. — Vallejo, etc., Co. v.
 
 Acta 1506,1511 
 
 GENERAL LA\%'S. 
 
 rso 
 
 I>angr & McPherson, IBl Tal. 672, 120 Pac. 
 421. 
 
 2. The poTt-er of a niuiiioipality to grant 
 n franchise for a ferry over navigable 
 waters In Its limits is not affected by the 
 
 fact that one of the termini Is upon land 
 over which the United States exercises ex- 
 clusive jurisdiction. — Vallejo, etc., Co. v. 
 Solano, etc.. Club, 165 Cal. 255, 131 Pac. 864. 
 
 ACROSS STREAMS WHOLLY WITHIN COUNTIES. 
 ACT 1506 — An act relating to ferries across rivers and streams wholly within one 
 county, and empowering the hoards of supervisors of such county to purchase, estah- 
 ish and maintain ferries across such rivers or streams and to pay the expenses 
 thereof. 
 
 History: Approved April 16, 1909, Stats. 1909, p. 974. 
 
 Free ferries, operation of. 
 
 $ 1. Whenever the board of supervisors of any county within the state of California 
 shall deem it advisable and for the best interests of the public that the county own and 
 operate any ferry within such county, such board may purchase, establish and operate 
 a ferry or feiTies across any stream or river within said county and may operate the 
 same as a free ferry or ferries. 
 
 Payment of expenses. 
 
 § 2. Such board of supervisors is hereby enipowered to acquire landing places for 
 such ferry or ferries on the banks of such river or stream and may pay the expenses of 
 establishing and operating said ferry or ferries out of the general road fund of said 
 county; provided, however, that no supervisor or his bondsmen shall be responsible for 
 the payment of damages incurred by any person while traveling on such ferry. 
 
 § 3. This act shaU take effect from and after its passage. 
 
 References: See tits. 
 
 CHAPTER 113. 
 
 FERRY DEPOT. 
 "Bonds"; "Public Buildings." 
 
 SAN FRANCISCO FERRY DEPOT ACT. 
 
 ACT 1511 — An act to provide for the issuance and sale of state honds to create a fund 
 for the construction and furnishing, by the board of state harbor commissioners, of 
 a general ferry and passenger depot in the city and county of San Francisco; to 
 create a sinking fund for the payment of said bonds, and providing for the submis- 
 sion of this act to a vote of the people. 
 
 History: Approved March 17, 1891, Stats. 1891, p. 110. 
 
 1. The purpose of the act was to enable 
 the harbor board to anticipate their reve- 
 nues and to create an indebtedness for the 
 building of the depot, a thing they could 
 not have done otlierwise because of the 
 restrictions of sections 2526 and 2527 of the 
 Political Code — Bateman v. Colgan, 111 CaL 
 680, 44 Pac. 238. 
 
 2. The phrnxe In the act "In the manner 
 and method nathorizcd by law" in reference 
 to the construction of the ferry building, 
 refers to the provisions of the Political 
 Code, relating to the powers and duties of 
 the board, and not to the general Public 
 Building Act (Stats. 1875-76, p. 427). — Bate- 
 man V. Colgan, 111 CaL 580, 44 Pac. 238.
 
 751 Fe:rtilize:rs. Act 1516, fig 1-3 
 
 CHAPTER 114. 
 
 FERTILIZERS. 
 References: See tit. "Adulteration." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1516. Sale of Commercial Fertilizers. 
 
 SALE OF COMMERCIAL FERTILIZERS. 
 
 ACT 1516 — An act to regulate the sale of commercial fertilizers or materials used for 
 
 manurial purposes, and to provide penalties for the infraction thereof, and means for 
 
 the enforcement of this act. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 259. Amended 
 March 24, 1911, Stats. 1911, p. 488; April 10, 1915. In effect August 8, 
 1915. Stats. 1915, p. 42. 
 
 Commercial fertilizers shall be labeled. 
 
 § 1. Every lot, parcel, or package of commercial fertilizers or materials to be used 
 for manurial pui'ijoses (excepting the dung of domestic animals), sold, offered, or 
 exposed for sale, within this state, shall be accompanied by a plainly printed label, 
 stating the name, brand, and trademark, if any there be, under which the fertilizer is 
 sold, the name and address of the manufacturer, importer, or dealer, the place of manu- 
 facture, and a chemical analysis, stating the percentages claimed to be therein; of 
 nitrogen, specifying the form or forms in which it is present; of phosphoric acid, 
 available and insoluble; and of potash, soluble in distilled water, and the materials 
 from which all of said constituents are derived. All analyses are to be made according 
 to the methods agreed upon by the American association of official agricultural chemists. 
 In the case of those fertilizers, the selling price of which is less than eight dollars ($8) 
 per ton, said label need only give a correct general statement of the nature and compo- 
 sition of the fertilizer it accompanies. 
 
 Fertilizer to be plainly labeled. 
 
 § 2. No person shall sell, offer or expose for sale in this state any pulverized leather, 
 hair, ground hoofs, horns or wool Avaste, raw, steamed, roasted, or in any form, street 
 sweepings, or the dung or urine of any domestic animal, mixed with, or in combination 
 with, water artificially added thereto, or with any sand, soil or other material not 
 commonly used for bedding domestic animals, as a fertilizer or as an ingredient for 
 fertilizer or manure without an explicit statement of the fact in printing or writing 
 conspicuously placed thereon and affixed to every package, container, car or vehicle 
 in which the same shall be transported or delivered to any purchaser thereof, sai<l 
 statement to go with every lot, parcel or package of the same. [Amendment approve<l 
 March 24, 1911. Stats. 1911, p. 488.] 
 
 Certificate of registration required. 
 
 $ 3. The manufacturer, importer, agent of, or dealer in any commercial fertilizers, or 
 materials used for manurial purposes, the selling price of which to the consumer is 
 eight ($8) dollars or more per ton, shall, before the same is offered for sale, obtain a 
 certificate of registration from the secretary of the board of regents of the University 
 of California, countersigned by the director of the agricultural experiment station of the 
 said university, authorizing the sale of fertilizers in this state, and shall securely fix 
 to each lot, parcel, or package of fertilizer the word "Registered" with the number of 
 registry. The manufacturer, importer, agent, or dealer obtaining such registry, shall 
 pay to the said secretary the sum of fifty ($50) dollars, to be applied as provided in 
 section 9 of this act; such registration shall expire on the thirtieth day of June of the
 
 Act 1516, g§ 4-6 GENERAL LAWS. 752 
 
 fiscal year for which it was given; provided, the provisions of this section shall not 
 apply to any agent whose principals shall have obtained a certificate of registration as 
 herein provided. Every such manufacturer, importer, agent, or dealer, who makes or 
 sells, or offers for sale, any such substances, under a name or brand, shall file, on or 
 before the first day of July, in each year, a statement, under oath, with said director, 
 stating such name or brand, and stating the component parts in accordance with the 
 provisions of section 1 of this act, of the substances to be sold, or offered for sale, or 
 manufactured under each such name or brand. 
 
 Analyses to be made. How users may obtain analyses. 
 
 $ 4. The said director shall annually, on or before the first day of September, take 
 samples in accordance with the provisions of section 5 hereof of the substance made, 
 sold, or offered for sale, under every such name or brand, and cause analyses to be 
 made thereof in accordance with the provisions of section 1 hereof, and said analyses 
 may include such other determinations as said director may at any time deem advisable. 
 Dealers in, or manufacturers of fertilizers, must g^ve free access to the director of the 
 agricultural experiment station, or his duly authorized deputy, to all the materials 
 which they may place on the market for sale in California. Whenever the analysis 
 certified by the said director shall show a deficiency of not more than one-fourth of one 
 per cent of nitrogen, or one per cent of soluble or available phosphoric acid, or one- 
 half of one per cent of potash soluble in distilled water, the statement of the manu- 
 facturer or importer, as required in section 1 of this act, shall not be deemed to be false 
 in the meaning of this act; provided, that this act shall not apply to sales of fertilizing 
 materials made to a registered manufacturer of fertilizers, or to sales for export outside 
 of this state; provided, further, that the said director of the agricultural experiment 
 station of the University of California shall, upon the receipt of a sample of fertilizer, 
 accompanied with a nominal fee of two ($2) dollars, furnish to the user of said com- 
 mercial fertilizers, such examination or analysis of the sample as will substantially 
 establish the conformity or non-conformity of the said fertilizer to the guarantee under 
 which it was sold. 
 
 Sample to be kept by party whose stock is sampled and by university. 
 
 § 5. The director of the agricultural experiment station of the University of Cali- 
 fornia, in person or by deputy, is hereby authorized to take a sample not exceeding two 
 pounds in weight for analysis by the said director, or his deputies, from any lot, parcel, 
 or package of fertilizer, or material, or mixture of materials used for manurial pur- 
 poses, which may be in the possession of any manufacturer, importer, agent, or dealer, 
 but said sample shall be drawn in the presence of said party or parties in interest, or 
 their representatives. In lots of five tons or less, samples shall be drawn from at least 
 ten packages, or, if less than ten packages are present, all shall be sampled; in lots 
 of over five tons, not less than twenty packages shall be sampled. The samples so drawn 
 shall be thoroughly mixed, and from it two equal samples shall be drawn and placed 
 in glass vessels, carefully sealed, and a label placed on each, stating the name or brand 
 of the fertilizer or material sampled, the name of the party from whose stock the sample 
 was drawn, and the time and place of drawing; and said label shall also be signed by 
 the said director or his deputy making such inspection, and by the party or parties in 
 interest, or their representatives present at the drawing and sealing of said samples. 
 One of said duplicate samples shall be retained by the party whose stock was sampled, 
 and the other by the director of the agricultural experiment station of the University 
 of California. 
 
 Results of analyses to be published. 
 
 5 6. The director of the agi'icnltural experiment station of the University of Cali- 
 fornia shall publish in bulletin form, from lime to time, at least annually, the results
 
 r53 FERTILIZERS. Act 1516, §§ 7-12 
 
 of the analyses hereinbefore provided, with such additional information as circum- 
 stances may advise. 
 
 Appropriation for laboratory. 
 
 $ 7. There is hereby appropriated for the use of the agricultural experiment station 
 of the University of California at Berkeley, Alameda County, as set forth in this act, 
 out of any moneys in the treasury not otherwise appropriated, the sum of eighteen 
 hundred ($1,800) dollars for the equipment of a laboratory, with the chemicals and 
 apparatus and other incidentals necessary to the successful prosecution of the work. 
 
 License fee and statement. 
 
 § 8. In order to further provide for the necessary expenses of this work, there shall 
 be paid by the manufacturer, importer, agent, or dealer, twenty-five cents for every ton 
 of fertilizer sold, the selling price of which to the consumer is eight ($8) dollars or 
 more per ton. A statement sworn to by the manufacturer, importer, agent, or dealer, 
 of such sales, shall be rendered quarterly to the secretary of the board of regents of 
 the University of California, accompanied by the corresponding amount of special 
 license fee as above specified; provided, that whenever the manufacturer or importer 
 shall have paid the special license fee herein required, for any person acting as agent or 
 seller for such manufacturer or importer, such agent or seller shall not be required to 
 pay the special license fee named in this section. On receipt of said special license fee 
 and statement, the said secretary shall issue to the manufacturer, importer, agent, or 
 dealer, a certificate of compliance with this section. 
 
 Disposition of fees. 
 
 $ 9. All moneys, whether received from registry and analytical fees or special license 
 fees, shall be paid to the secretary of the board of regents of the University of Cali- 
 fornia, for the use of said board in carrying out the provisions of this act, including the 
 erection of buildings. [Amendment of April 10, 1915. In efi'ect August 8, 1915. 
 Stats. 1915, p. 42.] .. 
 
 Violation of act a misdemeanor. 
 
 § 10. Any party selling, offering, or exposing for sale, any commercial fertilizer 
 without the statement required by section 1 of this act, or with a label stating that said 
 fertilizer contains a larger percentage of any one or more of the constituents mentioned 
 in said section than is actually contained therein, except as provided for in section 4. 
 or respecting the sale of which all the provisions of this act have not been fully com- 
 plied with, shall be deemed guilty of a misdemeanor, and upon conviction thereof before 
 any court of competent jurisdiction, shall be fined in a sum of not less than fifty ($50) 
 dollars and costs of action for the first offense, and one hundred ($100) dollars and 
 costs of the action for each subsequent offense. Said fines to be paid into the school 
 fund of the county in which conviction is had. 
 
 Certificate is prima facie evidence of analj'sis. 
 
 ^ 11. In any action, civil or criminal, in any court in this state, a certificate under 
 the hand of said director, and the seal of said university, stating the results of any 
 analysis, purporting to have been made under the provisions of this act, shall be prima 
 facie evidence of the fact that the sample or samples mentioned in said analysis or 
 certificate were properly analyzed as in this act provided; that such samples were taken 
 as in this act provided; that the substances analyzed contained the component parts 
 stated in such certificate and analysis ; and that the samples were taken from the parcels 
 or packages or lots mentioned or described in said certificate. 
 
 $ 12. This act shall take effect and be in force from and after July first, nineteen 
 hundred and three. 
 
 The director of the department of asrri- enforcing this act. See, ante. Act 96, I 9. 
 culture is given power of administering and 
 Gen. Laws — 48
 
 AcU 1521-1528 
 
 GENERAL. LAWS. 
 
 TM 
 
 ACT 1521. 
 1522. 
 
 CHAPTER 115. 
 riDDLETOWN. 
 
 CONTENTS OF CHAPTER. 
 
 To Prevent Hogs and Goats Running at Large. 
 Name Changed to Oleta. 
 
 HOGS AND GOATS RUNNING AT LARGE. 
 ACT 1521 — An act to prevent hogs and goats running at large in. 
 
 History: Approved March 10, 1874, Stats. 1873-74, p. 319. 
 
 The code commissioners seem to think law of 1S97; but see editor's note tO chapter 
 
 this act was repealed by the general estray on "Estrays." 
 
 NAME CHANGED TO OLETA. 
 ACT 1522 — An act to change the name of a town in Amador County. 
 
 History: Approved February 25, 1878. Stats. 1877-78, p. 109. 
 This act cbanged the name of Fiddletown to Oleta. 
 
 FILLMORE. 
 
 See Act 3094, note. 
 
 CHAPTER 116. 
 
 riRE. 
 
 References: Arson, see Kerr's Cyc. Penal Code, tit. "Arson." 
 Explosives, see tit. "Explosives." 
 
 Forest fires, see tit. "Forestry," and Kerr's Cyc. Penal Code, tit. "Foresta." 
 Fire department, see tit. "Fire Department." 
 
 ACT 1528. 
 
 CONTENTS OF CHAPTER. 
 Destruction by Fire op Contiguous Propeett. 
 
 DESTRUCTION BY FIRE OF CONTIGUOUS PROPERTY. 
 ACT 1528 — To prevent the destruction hy fire of the property of contiguous owners. 
 History: Approved March 31, 1891, Stats. 1891, p. 473. 
 
 This stntnte is alluded to in Stephens v. 
 Southern Pacific Co., 109 Cal. 86, 95. 50 Am. 
 St. Rep. 17, 41 Pac. 783, 29 L. R. A. 751. 
 
 See Kerr's Cyc. Pen. Code, §§ 384, 384a, 
 and Act 1527. 
 
 This act made it a misdemeanor to start 
 a fire in hay, grain, stubble, or grass with- 
 out first taking- certain precautions. 
 
 Codified by § 384a, which was adopted In 
 1905, p. 758, and repealed 1907, p. 998. Con- 
 
 cerning the amendment of 1905 the code 
 commissioner said: "The amendment desig- 
 nates the punishment, and in this respect 
 conforms the section to the statute of 
 1871-72, p. 96, on the same subject, and in- 
 serts after the word 'lands' the words 'not 
 his own' to conform the section to what was 
 obviously the intent of the legislature." See 
 § 384, Penal Code. 
 
 FIREBAUGH. 
 See Act 3094, note. 
 
 CHAPTER 117. 
 
 FIRE DEPARTMENT. 
 
 References: Arson, see Kerr's Cyc. Penal Code, tit. "Arson." 
 Explosives, see tit. "Explosives." 
 Fire districts, see tit. "Fire Districts." 
 Forest fires, see tits. "Fires"; "Forestry," and Kerr's Cyc. 
 See, generally, Kerr's Cyc. Political Code, tits. "Fire"; 
 men." 
 
 Penal Code, tit. "Forests." 
 "Fire Department"; "Fire- 
 
 I
 
 755 FIRE DEPARTMENT. Act 1533, §§ 1-3 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1533. Firemen's Relief, Health, Life Insurance and Pension Funds. 
 
 1534. Fire Departments in Unincorporated Towns. 
 
 1536. Exempt Firemen's Relief Fund. 
 
 1537. Foreign Insurance Companies — Payment of Premiums foe Firemen's Relief 
 
 Funds. 
 
 1538. Pensions foe Aged, Infirm and Disabled Firemen. 
 
 1539. Yearly Vacation for Firemen. 
 
 1541. Salaries of Officers in Cities of First Class. 
 
 1542. Increase of Efficiency of Fire Departments. 
 
 FIREMEN'S RELIEF, HEALTH, INSURANCE AND PENSION FUND. 
 
 ACT 1533 — An act to create a firemen's relief, health, and life insurance and pension 
 
 fund in the several counties, cities and counties, cities, and towns of the state. 
 
 History: Approved March 20, 1905, Stats. 1905, p. 412. Amended 
 June 11, 1913. In effect August 10, 1913. Stats. 1913, p. 690; April 14, 
 1917. In effect July 27, 1917. Stats. 1917, p. 119. Prior act of March 
 7, 1901, Stats. 1901, p. 101, amended March 16, 1903, Stats. 1903, p. 158, 
 superseded by the present act. 
 
 Firemen's relief fund, trustees of. Board of fire commissioners to act as trustees. 
 
 § L The chairman of the board of supervisors of the county, city and county, city 
 or incorporated town in which there is no board of fire commissioners, the treasurer 
 of the county, city and county, or incorporated town, and the chief of the fire depart- 
 ment, and their successors in office, are hereby constituted a board of trustees of the 
 firemen's relief or pension fund of the fire department, to provide for the disburse- 
 ment of the same and to designate the beneficiaries thereof as hereinafter directed, which 
 board shall be known as the "Board of Firemen's Pension Fund Commissioners"; pro- 
 vided, however, that where there is in any county, city and county, city, or town, a 
 board of fire commissioners, then such body shall constitute said board of trustees of 
 the firemen's relief and pension fund of the fire department. 
 
 Organization of board. Duties of. 
 
 ^ 2. They shall organize as such board by choosing one of their number as chairman, 
 and by appointing a secretarj\ The treasurer of the county, city and county, city, or 
 town, shall be ex-ofl&cio treasurer of said fund. Such board of trustees shall have 
 charge of and administer said fund, and to order payments therefrom in pursuance of 
 the provisions of this act. They shall report annually, in the month of June, to the 
 board of supervisors, or other governing authority of the county, city and county, city, 
 or incorporated town, the condition of the firemen's relief and pension fund, and the 
 receipts and disbursements on account of the same, with a full and complete list of the 
 beneficiaries of said fund and the amounts paid them. 
 
 Retired firemen after twenty years of service. Pension of retired firemen. 
 
 § 3. Whenever any person at the taking effect of this act, or thereafter shall have 
 been duly appointed or selected and sworn, and have served for twenty years, or more, 
 in the aggregate, as a member, in any capacity or any rank whatever, of the regularly 
 constituted fire department of any such county, city and county, city, or town which 
 may hereafter be subject to the provisions of this act, said board may, if it see fit, 
 order and direct that such person after becoming sixty years of age be retired from 
 further service in such fire department, and from the date of the making of such order 
 the service of such person in such fire department shall cease, and such person so retired 
 shairthereafter, during his lifetime, be paid from such a fund a yearly pension equal to 
 one-half of the amount of salary attached to the rank which he may have held in said 
 fire department for the period of one year next preceding the date of such retirement.
 
 Act 1533, §g 4-8 GENERAL LAWS. 750 
 
 Retired when disabled. Pension. 
 
 $ 4. Whenever any person, while serving as fireman in any such county, city and 
 county, city, or town, shall become physically disabled by reason of any bodily injury 
 received in the immediate or direct performance or discharge of his duty as such fii'O- 
 man, said board may, upon his written request, or without such request, if it deem it 
 to be for the good of said fire department force, retire such person from said depart- 
 ment, and order and direct that he shall be paid from said fund, during his lifetime, a 
 yearl}' pension equal to one-half of the amount of salary attached to the rank which he 
 may have held on such fire department force at the date of such retirement, but on the 
 death of such pensioner his heirs or assigns shall have no claim against or upon such 
 firemen's relief or pension fund; provided, that whenever such disability shall cease 
 such pension shall cease, and such person shall be restored to active service at the same 
 salary he received at the time of his retirement. 
 
 Certificate as to disability. 
 
 $ 5. No person shall be retired, as provided in the next preceding section, or receive 
 any benefit from said fund, unless there shall be filed with said board certificates of 
 his disability, which certificates shall be subscribed and sworn to by said person, and 
 by the county, city and county, city, or town physician (if there be one), and two regu- 
 larly licensed practicing physicians of such county, city and county, city, or town, and 
 such board may require other evidence of disability before ordering such retirement 
 and payment as aforesaid. 
 
 Fireman losing life while on duty. Widow or children to receive yearly pension. 
 
 Exception. 
 
 $ 6. Whenever any member of the fire department of such county, city and county^ 
 city, or town, shall lose his life while in the performance of his duty, leaving a widow, 
 or child or children under the age of sixteen years, then upon satisfactory proof of such 
 facts made to it, such board shall order and direct that a yearly pension, equal to one- 
 third the amount of the salary attached to the rank which such member held in said 
 fire department at the time of his death, shall be paid to such widow during her life, 
 or if no widow, then to the child or children, until they shall be sixteen years of agej 
 provided, if such widow, or child or children, shall marry, then such person so marry- 
 ing shall thereafter receive no further pension from such fund. 
 
 Death after ten years of service. Widow to receive contribution. 'S" 
 
 § 7. Whenever any member of the fire department of such county, city and county,^ 
 city, or town, shall, after ten years of service, die from natural causes, then his widow 
 or children, or if there be no widow or children, then his mother or unmarried sisters, 
 shall be entitled to the sum of one thousand dollars from such fund. 
 
 Examination of retired disabled firemen. Retired firemen to report to chief. 
 
 § 8. Any person retired for disability under this act may be summoned before the 
 board herein provided for at any time thereafter, and shall submit himself thereto for 
 examination as to his fitness for duty, and shall abide the decision and order of such 
 board with reference thereto; and all members of the fire department force who may 
 be retired under the provisions of this act shall report to the chief of the fire depart- 
 ment of the county, city and county, city, or town where so retired, on the first Mondays 
 of April, July, October, and January of each year; and in cases of great public emer- 
 gency may be assigned to and shall perform such duty as said chief of the fire depart- 
 ment may direct; and such persons shall have no claim against the county, city and 
 county, city, or town, for payment for such duty so performed.
 
 757 FIRE DEPARTMENT. Act 1533, §§ 0-12 
 
 When pension ceases. 
 
 $ 9. When any person who shall have received any benefit from said fund shall be 
 convicted of any felony, or shall become an habitual drunkard, or shall become a non- 
 resident of this state, or shall fail to report himself for examination for duty as required 
 herein, unless excused by the board, or shall disobey the requirements of said board 
 under this act, in respect to said examination or duty, then such board shall order that 
 such pension allowance as may have been granted to such person shall immediately 
 cease, and such person shall receive no further pension, allowance, or benefit under 
 this act. 
 
 Meetings of trustees. President and secretary. Report to treasurer and auditor. Duty 
 
 of auditor. 
 
 ^ 10. The board herein provided for shall hold quarterly meetings on the first Mon- 
 days of April, July, October, and January of each year, and upon the call of its presi- 
 dent; it shall biennially select from its members a president and secretary; it shall 
 issue warrants, signed by its president and secretary, to the persons entitled thereto of 
 the amount of money ordered paid to such persons from such fund by said board, which 
 warrant shall state for what purpose such payment is to be made; it shall keep a record 
 of all its proceedings, which record shall be a public record; it shall, at each quarterly 
 meeting, send to the treasurer of the county, city and county, city, or town, and to the 
 auditor of such county, city and county, city, or town, a written or printed list of all 
 persons entitled to payment from the fund herein provided for, stating the amount of 
 such payments and for what granted, which list shall be certified to and signed by the 
 president and secretary of such board-, attested under oath. The auditor shall there- 
 upon enter a copy of said list upon a book to be kept for that purpose, and which shall 
 be known as "The firemen's relief and pension fund book." When such list has been 
 entered by the auditor, he shall transmit the same to the board of supervisors, or other 
 governing authority of such county, city and county, city, or town, which board of 
 authority shall order the paj'ment of the amounts named therein out of * * The firemen 's 
 relief and pension fund, ' ' A majority of all the members of said board herein provided 
 for shall constitute a quorum, and have power to transact business. 
 
 Powers of board. 
 
 $ 11. The board herein provided for shall, in addition to other powers herein granted, 
 have power: 
 
 First — To compel witnesses to attend and testify before it, upon all matters con- 
 nected with the operation of this act, in the same manner as is or may be provided by 
 law for the taking of testimony before notaries public ; and its president, or any member 
 of said board, may administer oaths to such witnesses. 
 
 Second — To appoint a secretary, and to provide for the payment from said fund of 
 all its necessary expenses including secretary hire and printing; provided, that no 
 compensation or emolument shall be paid to any member of said board for any duty 
 required or performed under this act. 
 
 Third — To make all needful rules and regulations for its guidance, in conformity 
 with the provisions of this act. 
 
 Moneys to be paid into firemen's pension fund. 
 
 § 12. The board of supervisors, or other governing authority, of any county, city 
 and county, city or town, shall, for the jDurposes of said "firemen's relief and pension 
 fund," hereinbefore mentioned, direct the payment annually, and when the tax levy id 
 made, into said fund, of the foUoAving moneys : 
 
 First — All rewards given or paid to members of such firemen 's force.
 
 Act 1534 GENERAL LAWS. 75? 
 
 Second — All fines imposed upon members of such fire department in keeping with 
 rules and regulations of the department. 
 
 Third — An amount equal to two per cent of the salaries paid to the firemen of such 
 county, city and county, city, or town, during the preceding year, payable from the 
 funds of such municipal corporation. 
 
 Fourth — One-half of all fines imposed and collected for violation of laws pertaining 
 to precaution against fire. [Amendment of April 14, 1917. In effect July, 27, 1917. 
 Stats. 1917, p. 119.] 
 
 Who are and who are not entitled to benefits. 
 
 § 13. Any firemen 's life and health insurance fund, or any fund provided by law, 
 heretofore existing in any county, city and county, city, or town, for the relief or pen- 
 sioning of firemen, or their life or health insurance, or for the payment of a sum of 
 money on their death, shall be merged with, paid into, and constitute a part of the fund 
 created under the provisions of this act; and no person who has resigned or been dis- 
 missed from said fire department shall be entitled to any relief from such fund; pro- 
 vided, that any person who, within one year prior to the passage of this act, has been 
 dismissed from the fire department for incompetency or inefficiency, and which incom- 
 petency or inefficiency was caused solely by sickness or disability contracted or suffered 
 while in service as a member thereof, and who has, prior to said dismissal, served for 
 twelve or more years as such member, shall be entitled to all the benefits of this act. 
 
 Auditor to report to supervisors surplus to be transferred to general fund. Auditor's 
 
 report on firemen's relief and pension fund. 
 
 ^ 14. On the last day of June of each year, br as soon thereafter as practicable, the 
 auditor of each county, city and county, city, or town, shall make a report to the board 
 of supervisors or other governing authority of such county, city and county, city, or 
 town, of all moneys paid on account of saia fund during the previous year, and of the 
 amount then to the credit of the "firemen's relief and pension fund," and all surplus 
 of said fund then remaining in said fund, exceeding the average amount per year paid 
 out on account of said fund during the three years next preceding, shall be transferred 
 to, and become a part of, the general fund of every such county, city and county, city, 
 or town, and no longer under the control of said board or subject to its order. Pay- 
 ments provided for by this act shall be made monthly upon proper vouchers. [Amend- 
 ment approved June 11, 1913. Stats. 1913, p. 690.] 
 
 FIRE DEPARTMENTS IN UNINCORPORATED TOWNS. 
 
 ACT 1534 — An act to allow unincorporated towns and villages to equip and maintain a 
 
 fire department, and to assess and collect taxes, from time to time, for such purpose, 
 
 and to create a board of fire commissioners. 
 
 History: Approved March 4, 1881, Stats. 1881, p. 26. Amended In 
 Its entirety March 6, 1899, Stats. 1899, p. 69, and April 21, 1909, Stats. 
 1909, p. 1028. Amended March 26, 1919. In effect July 22, 1919. Stats. 
 1919, p. 7. Entire act amended. The act of 1881, Stats. 1881, p. 26, 
 was amended in its entirety by the act of 1899, Stats. 1899, p. 69, 
 which, in turn, was subjected to an entire amendment in the present 
 act of 1909. " 
 
 The title of the amending act of 1899 was as follows: 
 
 "An act to amend an act to allow unincorporated towns and villages to equip and 
 maintain a fire department, and to assess and collect taxes, from time to time, for such 
 purpose, and to create a board of fire commissioners (approved March 4, 1881 j Stats. 
 1881, 26), relating to assessing and collecting said taxes." 
 
 The title of the amending act of 1909 was as follows: 
 
 "An act to amend an act entitled an act to amend an act to allow unincorporated
 
 759 FIRE DEPARTMENT. Act 1534. §§ l-SVa 
 
 towns and villages to equip and maintain a fire department, and to assess and collect 
 taxes from time tO' time for such purpose, and to create a board of fire commissioners, 
 approved March 4, 1881; amended March 6, 1899." 
 
 Fire departments in unincorporated towns 
 
 $ 1. Any unincorporated town or village ai this sta^te may equip and maintain a fire 
 department for the purpose of protecting property from destruction by fire. 
 
 Appointment of commissioners. 
 
 § 2. Upon the application, by petition, of fifty or more taxpayers and residents of 
 said town or village to the board of supervisors of the county in which said town or 
 village is situated, the said board of supervisors shall appoint three commissioners, to 
 be known as and called a board of fire commissioners, of the town or village for which 
 they are appointed, who shall hold their office until the second Monday in April next 
 thereafter, and until their successors are elected and qualified. 
 
 Powers and duties of commissioners. 
 
 $ 3. The board of fire commissioners so appointed by said board of supervisors, 
 and their successors, shall be authorized and empowered, and it shall be their duty : 
 
 1. To fix and establish the fire limits of said town or village, and shall accurately 
 describe the same, in writing by metes and bounds and file a copy thereof, subscribed 
 by them, in the office of the county recorder of the county in which said town or village 
 is situated; 
 
 2. To make all contracts with water companies for a supply of water, and attaching 
 hydrants or fire-plugs to the pipes, or conduits, or cisterns of such water company; 
 to make contracts for and to purchase the engines, hose, hose carts or carriages, and 
 other appliances for the full equipment of a fire company or department; 
 
 3. To call an election and to submit to the electors residing within said fire limits 
 fixed by them, the question whether a tax shall be levied and raised for the purpose 
 of establishing and equipping a fire department for the said town or village, and for 
 protecting the same from loss by fire ; 
 
 4. In the event of the establishment and equipment of a fire department in any 
 unincorporated town or village, as provided for in this act, the board of fire commis- 
 sioners are hereby directed and empowered, and it shall be their duty, to estimate 
 and determine the annual amount of money required for the maintenance of said fire 
 department for the ensuing fiscal year, and shall report the same to the board of 
 supervisors of the county in which said fire district is located not later than the first 
 day of July of each year; 
 
 5. To appoint judges, not less than three, and other officers, to conduct such election, 
 and to issue certificates of election; 
 
 6. To do and perform such other acts and things as may be proper and necessary 
 to carry out the full intent and meaning of this act. 
 
 Purchase of land as site for firehouse. Special election. Sale of land purchased as 
 
 site for firehouse. 
 
 $ 3l^. The board of fire commissioners so appointed by said board of supervisors, 
 and their successors, are further authorized and empowered, in their discretion, to pur- 
 chase or otherwise acquire land and to erect thereon a firehouse for purposes of hous- 
 ing the fire equipment and fire apparatus, or to purchase or otherwise acquire land 
 already improved with a building thereon suitable for housing said equipment and 
 apparatus, and to pay for said land, improved or unimproved, as the case may be out 
 of the annual tax provided for under section nine of this act, or by special tax to be 
 voted by the voters within the fire limits in the manner provided for by section fifteen 
 of this act. Said board of fii'e commissioners may furthermore in their discretion sub-
 
 Act 1534, §§ 4-0 GENKRAIi LAWS. TOO 
 
 mit to the qualified electors within said fire limits at a special election for that purpose, 
 or at the annual election provided for in section seventeen of this* act, the proposition 
 whether or not land shall be purchased or otherwise acquired and a firehouse built 
 thereon, or the proposition of whether or not land Avith a firehouse already thereon 
 shall be purchased or otherwise acquired, or both of said propositions, and in event of 
 such submission the vote registered for or against the proposition or propositions so 
 made to the voters shall be binding upon said board of fire commissioners. Said board 
 of fire commissioners are further hereby empowered to sell or otherwise dispose of any 
 such land, improved or unimproved, as the case may be, theretofore by them or by their 
 predecessors acquired for firehouse purposes; provided, however, that if the same shall 
 have been originally acquired pursuant to the vote of the electors within the fire limits, 
 as herein permitted, then the same shall not be sold excepting by like vote of the electors 
 within said limits. The proceeds derived from the sale of any such land or improve- 
 ments thereon shall be exclusively devoted to the purchase of other land or other 
 improvements. All real property acquired under the provisions of this section shall 
 be conveyed to, and held in the name of, the "board of fire commissioners of the unin- 
 
 coi-porated town (or village) of " (naming said town or 
 
 village). [New section added March 26, 1919. In effect July 22, 1919. Stats. 1919, p. 8.] 
 
 Tax elections, how called. 
 
 § 4. Said election must be called by posting notices in three of the most public 
 places in said town or village, for not less than ten days, and also, if there is a news- 
 paper printed and published in the town or village, by advertising such notice therein 
 at least two regular issues of the paper. 
 
 What notice must specify. 
 
 $ 5. Such notice must specify the time and place for holding the election, and the 
 amount required for the establishment and equipment of said fire department, and the 
 amount of mone}' to be raised for such purpose shall not exceed in any one year one 
 per cent of the assessable property within the fire limits, as fixed by the board of 
 supervisors; provided, that the amount to be raised for the maintenance of said fire 
 department each year shall not exceed one-half of one per cent of the assessable prop- 
 erty within the fire limits as fixed by the board of fire commissioners. 
 
 Conduct of election. 
 
 § 6. The board of fire commissioners must appoint three judges and two clerks to 
 conduct the election and it must be held in all respects as nearly as practicable in con- 
 formity with the general election law; provided, that no new register shall be required, 
 nor legal ballot paper; and provided further, that the polls may be opened at eight 
 o'clock a. m. and close at five o'clock p. m. on the day appointed for such election. 
 
 Ballots. 
 
 $ 7. At such election the ballots must contain the words "Tax — Yes" or "Tax — No." 
 
 Beturns. 
 
 $ 8. The judges of the election shall, within twenty-four hours after holding said 
 election, make returns and certify to the board of fire commissioners said votes, show- 
 ing the number of votes cast, and the number of votes in favor of, and the number of 
 votes against the matter voted upon. 
 
 Tax levy. 
 
 § 9. The board of supervisors must, at the time of levying the county taxes, levy a 
 tax upon all the taxable property within the fire limits of the unincorporated town or 
 village authorizing such tax sufficient to raise the amount authorized. The rate of
 
 TCI PIRE DEPARTMENT. Ac4 1534, §g 10-17 
 
 taxation shall be ascertained bj' deducting fifteen per cent for anticipated deliuqueneie?? 
 from Ihe aggregate assessed value of the property in the district, as it appears on the 
 assessment roll of the county, and then dividing the sum authorized by the remainder 
 of such aggregate assessed value. The taxes so levied shall be computed and entered 
 on the assessment roll of the county aiaditor and collected at the same time and in the 
 same manner as the state and county taxes, and when collected shall be paid into the 
 county treasury for the use of the district in which the tax was authorized. 
 
 Monejrs arising from tax. 
 
 $ 10. All moneys arising from the tax herein authorized to be levied and collected 
 shall be kept by the treasurer of the county in which said town or village is situated 
 subject only to the order of said board of fii'e commissioners of said town or village 
 authorizing said tax. 
 
 Treasurer receives no compensation. 
 
 $ 11. The treasurer shall receive no compensation for the receipt and disbursement 
 of moneys derived under the provisions of this act. 
 
 Purchase of fire hose, etc. 
 
 $ 12. The board of fire commissioners are hereby directed and empowered to make 
 all necessary arrangements for the purchase of rights of making connections with the 
 pipes of water companies for fire plugs or hydrants, in such part of the town or village 
 as they shall deem best for the common interest, and also for purchasing fire hose and 
 carriages, subject, however, to the provisions hereinbefore contained. 
 
 Record books. 
 
 $ 13. They shall procure all necessary books and blanks for the purpose of keeping 
 a correct record of their proceedings; and they shall keep a record of all their acts, 
 of all moneys received and disbursed by them, which said books shall be open to public 
 inspection at all times. 
 
 Audit of bills. 
 
 $ 14. All accounts, bills, and demands against the fire department shall be audited, 
 allowed, and paid by the board of fire commissioners by warrants drawn on the county 
 treasurer, and the county treasurer shall pay the same in the order in which they are 
 presented. 
 
 Compensation of ofiicers. 
 
 4 15. No ofiicer or officers created by this act shall receive any compensation for his 
 or their services. 
 
 Vacancies. 
 
 $ 16. In case of a vacancy of any or all of the members of the board of fire commis- 
 sioners, after election had, by death, resignation or otherwise, such vacancy shall be 
 tilled by appointment by the board of supervisors of the county in which said vacancy 
 may happen. 
 
 Annual election. 
 
 $ 17. An election shall be held on the first !^^onday of April subsequent to the 
 appointment of the fii'e commissioners by the board of supervisors for the election 
 of three fire commissioners who shall take office on the next succeeding Monday of 
 the same month. Said commissioners shall at their first meeting so classify themselves 
 by lot that one of their number shall go out of office on the second Monday of 
 April of the j-ear next succeeding said first election, one tlioreof on the second Mon- 
 day of April of the second year succeeding, and one thereof on the second Monday
 
 Act 1534, §g 18-22 GlilNISRAL L.A\%'S. 7<I2 
 
 of April of the third year succeeding. On the first Monday of April of the year 
 next succeeding said first election and on the first Monday of April of every year 
 thereafter, an election shall be held for the election of one fire commissioner, who 
 shall take office on the next succeeding Monday in the same month and shall hold 
 office for the term of three years, or until his successor is elected and qualified; 
 provided, that as to fire districts heretofore created under this act, the commis- 
 sioners of which were elected prior to the date this amendment becomes operative, 
 said commissioners at their first meeting after said amendment becomes operative 
 shall classify themselves by lot so that one of their number shall go out of office on 
 the second Motulay of April of the year next succeeding, one thereof on the second 
 Monday of April of the second year succeeding, and one thereof on the second Monday 
 of April of the third year succeeding. Notice of such elections shall be given by the 
 board of fire commissioners by posting in three public places within the fire limits for 
 at least two weeks before the day of election. They shall also appoint the judges of 
 election. The elections shall be conducted in accordance with the provisions of the 
 general election laws of the state of California, excepting as in this act provided to 
 the contrary. [Amendment of March 26, 1919. In effect July 22, 1919. Stats, of 
 1919, p. 7.] 
 
 Returns. 
 
 ^ 18. The judges of election shall, within twenty-four hours after holding said elec- 
 tion, make returns and certify said votes, and the names of the person or persons voted 
 for, to the said board of fire commissioners, and within five days after the returns have 
 been received by the board of fire commissioners they shall count the votes, determine 
 who has been elected, and forthwith issue certificates of election to the persons elected. 
 
 Succession. 
 
 § 19. Each board of . fire commissioners shall at the expiration of their term of 
 office, turn over to their successors all the books and documents belonging to the office 
 of said board of fire commissioners, taking their receipt therefor. 
 
 Act to be liberally construed, 
 
 $ 20. No assessment or act relating to assessment or collection of taxes, or elections 
 held under the provisions of this act, shall be illegal, void, or voidable on account of 
 any error, omission, or informality, or failure to comply strictly with the provisions 
 of this act, nor on account of any misnomer; but the same shall be liberally construed, 
 with a view to hold valid all acts done under this act. 
 
 Regulation of chimneys. 
 
 ^ 21. The said board of fire commissioners may regulate the construction of, and 
 order the suspension, discontinuance, removal, repair, or cleaning of, fireplaces, chim- 
 neys, stove and stovepipes, flues, ovens, boilers, kettles, forges, or any apparatus used 
 in any building, manufactory, or business, which may be dangerous in causing or 
 promoting fires, and prescribe limits within which no dangerous nor obnoxious and 
 offensive business may be carried on, and they may order the clearing of land or the 
 removal therefrom of dry grass, stubble, brush, rubbish, litter, or other inflammable 
 material, if, in their judgment, said inflammable material endangers the public safety 
 by creating a fire hazard. [Amendment of March 26, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 9.] 
 
 Fire ordinances. 
 
 § 22. They may adopt such ordinance, within the pur^qew of the preceding section, 
 as they may deem proper to prevent fires and conflagrations, and for the protection of 
 property at and during the pendency of any fire, and for that purpose may provide that
 
 763 Fire: department. Acts 1536-1538 
 
 at and during the pendency of any fire the ofScers of the fire company or companies 
 present shall be vested with police powers. Such ordinances shall be signed by the 
 said fire commissioners, and published in a newspaper printed in said town or village, 
 or posted in three of the most public places thereof, for the period of two weeks, at 
 the end of which time it shall be and become a law for the government of the inhabi- 
 tants of said town or village. 
 
 Misdemeanor. 
 
 $ 23. Any person who shall violate any of the provisions of said ordinance shall be 
 guilty of misdemeanor. 
 
 Prosecutions. 
 
 $ 24. Any justice of the peace within the townships within which said town or 
 village is situated shall have jurisdiction of all prosecutions under this act, and sections 
 fourteen hundred and twenty-six to fourteen hundred and forty-nine, both inclusive, 
 title nine, chapter one, of the Penal Code, are hereby made applicable to proceedings 
 under this act. 
 
 Repeal of prior acts. 
 
 § 25. All acts and parts of acts, so far as they do conflict with the provisions hereof, 
 are hereby repealed. 
 
 Act takes effect when. 
 
 § 26. This act shall take effect and be in force from and after its passage. 
 
 EXEMPT FIREMEN'S RELIEF FUND. 
 
 ACT 1536 — An act to create an exempt firemen's relief fund in the several counties, 
 
 cities and counties, cities and towns of the state, and relating to the enrollment, 
 
 formation into fire companies, and services as firemen of such exempt firemen. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 108. 
 
 1. ConstitutionalitT- — Gift of public Superseded. The code commissioners say 
 
 money. — The act is obnoxious to sections 31 this act was superseded by the act of 1905 
 
 and 32, Article IV of the constitution, and See Act 1533. 
 
 is void, in tliat it attempts a gift of public Act of 1889 for the relief of aged, infirm, 
 
 moneys. — Taylor v. Mott, 123 Cal. 497, 56 and disabled firemen. Act 1538, for com- 
 
 Pac 256. parison. 
 
 FOREIGN INSURANCE COMPANIES— PAYMENT OF PREMIUMS FOR 
 
 FIREMEN'S RELIEF FUNDS. 
 
 ACT 1537 — An act to require the payment of certain insurance premiums by fire 
 
 insurance companies not organized in California, to cities and cities and counties. 
 
 History: Approved March 3, 1885, Stats. 1885, p. 13. Amended 
 March 4, 1887, Stats. 1887, p. 15. 
 
 Purpose of act. The moneys collected un- S. Same — The federal courts are bound 
 
 der this act were for the benefit of the flre- by the decision of the supreme court of 
 men's relief fund. California that a statute of that state Is 
 1. Constitutionality — Imposing county null and void on the ground that it is ob- 
 tux, — The act imposes a tax for county, city, noxious to the constitution of that state, 
 town or other municipal purpose, and is ob- and the decision of tliat court upon the con- 
 noxious to section 12, Article XI of the con- stitutionality of the act of 1885 is a decision 
 stitution, and void. — San Francisco v. Liver- of that character. — Liverpool, etc., Co. v. 
 pool. etc.. Co., 74 Cal. 113, 5 Am. St. Rep. Clunie, 88 Fed. 160. 
 425, 15 Pac. 380. 
 
 PENSIONS FOR AGED, INFIRM AND DISABLED FIREMEN. 
 ACT 1538 — An act authorizing boards of supervisors to provide pensions for the relief 
 of aged, infirm, and disabled firemen. 
 
 History: Approved March 11. 1889, Stats. 1889, p. 108. Amended 
 March 23, 1901, Stats. 1901, p. 573.
 
 Act 1530, 88 1, 2 CKNERAI. LAWS. 761 
 
 Pensions for aged, infirm, or disaWed firemen. 
 
 $ 1. The board of supervisors, or other governing authority of the several counties, 
 cities and counties, cities and toAvns of the state in which fire departments exist, shall, 
 upon the written petition of a majority of the lawfully registered electors of any such 
 political division respectively, by appropriate ordinances, provide a fund by general 
 tax upon the property of the county, city and count}', city, or town, for the relief of 
 aged, infirm, or disabled firemen; provided, that such disability shall be caused by 
 exposure while in the discharge of such duty, [Amendment approved March 23, 1901. 
 Stats. 1901, p. 575.] 
 
 Qualifications of beneficiaries under this act. Amount of pension. Exception. 
 
 ^ 2. No person shall be entitled to any benefits from any fund created by authority 
 of this act, unless he shall have served as an active member in the fire department of 
 such county, city and county, city, or town, at least fifteen years, and any person 
 having served in the fire department of such country, city and county, city, or town, at 
 least fifteen years, may make application to be placed on the retired list of such fire 
 department, and he shall receive the sum of not more than twenty-five (25) dollars and 
 not less than fifteen (15) dollars per month, to be paid out of said fund, and those 
 members of a fire department who have been paid a stipulated salary, having served 
 fifteen years in such fire department, shall receive an amount equal to one half of the 
 salary provided by law at the time of such retirement; provided, that any person injured 
 in the actual discharge of fire duty shall be entitled to the benefits of this act regardless 
 of his length of service in the fire department of any such county, city and county, city, 
 or town. [Amendment March 23, 1901. Stats. 1901, p. 575.] 
 
 Act takes effect when. 
 
 $ 3. This act shall take effect from and after its passage. 
 
 YEARLY VACATION FOR FIREMEN. 
 ACT 1539 — An act authorizing and requiring boards of commissions having the man- 
 agement and control of paid fire departments, to grant the members thereof yearly 
 vacations. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 76. Amended 
 March 4, 1899, Stats. 1899, p. 57; March 3, 1905, Stats. 1905, p. 39. 
 
 Vacations for members. 
 
 § 1. In every city or city and county of this state where there is a regularly organ- 
 ized paid fire department, the board of supervisors, common council, commissions or 
 other body having the management and control of the same are authorized and required 
 once in everj' year to provide for each regular or permanent member thereof, a leave of 
 absence from active duty of not less than five, nor more than fifteen days, in each year 
 and in ad^dition thereto a leave of absence from active duty of four days in every month 
 of such service. Leave of absence so granted, as aforesaid, must be arranged by said 
 board of [or] commissions, so as not to interfere with or [in] any way impair the 
 efficiency of the said department; no deduction must be made from the salary or pay 
 of any member of such fire department granted such leave of absence in [under] the 
 provisions of this act. [Amendment. Approved March 3, 1905. Stats. 1905, p. 39.] 
 
 This section was also amended March 4, 1899, Stats. 1899, p. 57. 
 
 Act takes effect when. 
 
 $ 2. This act shall take effect immediately. 
 
 1. Charter of San Francisco, upon its ap- charter, and all laws Inconsistent therewith, 
 
 proval by the legislature in 1899, became including- firemen s relief fund laws.— Burke 
 
 by the express terms of the constitution v. Board of Trustees, 4 Cal. App. 235, 87 
 
 (Art. XI, §§ 6 and 8), the organic law of the Pac. 421. 
 city and county, and super.seded the existin^j
 
 7G5 FIRE DEPART3IEIVT. Acts 13 H, 1543, §§ 1, 2 
 
 SALARIES OF OFFICERS IN CITIES OF FIRST CLASS. 
 ACT 1541— An act relating to fire departments of municipalities of the first class, Jind 
 fixing the salaries of officers thereof. 
 
 History: Approved March 27, 1S97. Stats. 1897, p. 192. Prior act in 
 same terms and having same effect was passed by the same legislature 
 and approved March 3, 1897, Stats. 1S97, p. 54. 
 
 Salaries of officers of fire departments in cities of first class. . 
 
 $ 1. In municipalities of the first class the following officers of its fire department 
 shall receive the following salaries per annum : 
 
 Chief engineer, five thousand dollars. 
 
 Assistant chief engineer, three thousand six hundred dollars. 
 
 Secretary, or clerk, three thousand dollars. 
 
 Assistant engineers, two thousand one hundred dollars each. 
 
 Veterinary surgeons, one thousand eight hundred dollars. 
 
 Said salaries shall be paid in the same manner as is now provided by law. 
 
 Act takes effect when. 
 
 $ 2. This act shall take effect immediately. 
 
 1. Constitutionality — Interference witli "municipal affair" within the meaning of 
 
 mnnicipal affairs.— The act is unconstitu- section 6, Article XI, of the constitution. 
 
 tional and void as an interference with a Fopper v. Brodericlc, 123 Cal. 456, 56 Pac. 53. 
 
 INCREASE OF EFFICIENCY OF FIRE DEPARTMENTS. 
 ACT 1542 — An act to provide for increasing the efficiency of fire departments within 
 municipalities of the first class in the state of California. 
 
 History: Approved March 4, 1897, Stats. 1897, p. 61. 
 
 Providing for organization of fire department. Purchase of apparatus, etc. 
 
 $ 1. Whenever the public interest, safety, or convenience may require, or it be 
 deemed expedient, the city council of any municipality of the first class may, by 
 ordinance, make and enforce such rules and regulations within said municipality as 
 may be necessary or proper for increasing the efficiency of its fire department, and to 
 that end, among other things, may provide for and authorize the appointment and con- 
 tinued employment of such officers, engineers, members, firemen, employees, and other 
 help in and for said fire department, in addition to those whose emploj'ment is now or 
 may be hereafter authorized by law, as the needs of said dejiartment may require; and 
 may fix their salaries and compensation, and may increase the salaries and compensa- 
 tion of the officers, engineers, members, firemen, employees, and other help now or 
 hereafter authorized by law, whose salaries and compensation, as now or hereafter 
 fixed, may be deemed inadequate. And said city council may in like manner provide for 
 rthe purchase and repair, and authorize to be purchased and kept in repair, in addition 
 to those for the purchase and repair of which provision is now or may be hereafter 
 made by law, all additional engines, horses, hook-and-ladder wagons, and all such other 
 engines, machinery, implements, extinguishers, and other apparatus that may be neces- 
 sary, advantageous, or auxiliary, to extinguish or afford adequate protection against 
 fire. And in order to provide the necessary funds Avith which to accomplish the fore- 
 going ends, may make all necessary and supplementary appropriations, allowances, 
 and payments in addition to those now or hereafter authorized by law. 
 
 Control of appointees. 
 
 $ 2. The officers, engineers, members, firemen, employees, and other help to be 
 appointed as provided in section one of this act, shall be appointed, governed, and con- 
 trolled in the same manner and by the same laws as their fellow-officers, engineers, 
 memborSj firemen, employees, and other help whose appointment is now or may be
 
 Act 1503, §8 1. 2 GENERAL LAWS. 
 
 hereafter authorized by law are appointed, governed, and controlled. The engines,' 
 wagons, machinery, implements, extinguishers, and other apjiaratus, the purchase and 
 repair of which are authorized by section one of this act, shall be purchased and 
 repaired in like manner and under the same regulations as like articles, the purchase 
 and repair of which are now or may be hereafter authorized by law are purchased and 
 repaired. 
 
 City council, defined. 
 
 $3. The term "city council" as used in this act is hereby declared to include any 
 body or bodies, board or boards, which, under law, constitute the legislative department 
 of any municipality of the first class. 
 
 Act takes effect when. 
 
 § 4. This act shall take effect and be in force from and after its passage. 
 
 X. constitutionality. — As to constitutionality of this act, see Popper v. Broderlck, 12S 
 Cal. 456. 66 Pac. 63. 
 
 riRE DISTRICTS. 
 
 See tit. "Forestry." 
 
 riRE PATROL. 
 See Kerr's Cyc. Civil Code, $5 453a, et seq. 
 
 FISCAL YEAR. 
 See tit. "Municipal Corporations." 
 
 riSH AND GAME. 
 
 See "Game Laws." 
 
 nSH COMMISSIONERS. 
 
 See "Game Laws." 
 
 CHAPTER 118. 
 
 FLAG. 
 
 Reference*: Advertisement, use of national flag for, see Kerr's Cyc. Penal Code, S 310. 
 Desecration of national flag, see Kerr's Cyc. Penal Code, § 310. 
 Protection of bear flag, see Kerr's Cyc. Penal Code, § 310a. 
 
 CONTENTS OF CHAPTER. 
 ACT 1563. Adoption of Bear Fi^g as State Flag. 
 
 ADOPTION OF BEAR FLAG AS STATE FLAG. 
 ACT 1563 — An act to select and adopt the bear flag as the state flag of California. 
 History: Approved February 3, 1911, Stats. 1911, p. 6. 
 
 Bear flag as state flag. 
 
 $ 1. The bear flag is hereby selected and adopted as the state flag of California. 
 
 Of what to consist 
 
 $ 2. The said bear flag shall consist of a flag of a length equal to one and one-half 
 the width thereof; the upper five-sixths of the width thereof to be a white field, and the 
 lower sixth of the width thereof to be a red stripe; there shall appear in the white field 
 in the upper left-hand corner a single red star, and at the bottom of the white field the 
 words "California republic," and in the center of the white field a California grizzly 
 bear upon a grass plat, in the position of walking toward the left of the said field; said 
 
 1 
 
 i
 
 7(*7 FOLSOM. Acts 156S, 1573, §§ 1, 2 
 
 bear shall be dark brown in color and in length, equal to one-third of the length of 
 said flag. 
 
 $ 3. This act shall be in full force and effect from and after its passage. 
 
 CHAPTER 119. 
 FOLSOM. 
 
 CONTENTS OF CHAPTER. 
 ACT 1568. Prevent Goats Running at Laeqb. 
 
 GOATS RUNNING AT LARGE. 
 
 ACT 1568 — An act to prevent goats from running at large in the town of rolsom, 
 
 county of Sacramento. 
 
 History: Approved March 21, 1876, Stats. 1875-76, p. 385. 
 
 Repeal. — The code commissioners say this of 1897; but see editor's note to chapter on 
 act was repeal«k<l by the greneral estray law "Estrays." 
 
 CHAPTER 120. 
 
 FOODS. 
 
 References: Adulteration of foods, see tit. "Adulteration." 
 
 See, generally, tits. "Butter"; "Cheese"; "Dairies"; "Eggs"; 'Totatoes.* 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1573. Prohibiting Destruction of Food and Food Products. 
 1574, Inspec"ion of Animals Slaughtered for Food. 
 
 DESTRUCTION OF FOOD AND FOOD PRODUCTS. 
 ACT 1573 — An act prohibiting the destruction of food stuffs, food products or food 
 articles. 
 
 History: Approved June 5, 1913. In effect August 10, 1913. Stats. 
 1913, p. 387. Amended May 27, 1915. In effect August 8, 1915. Stata. 
 1915, p. 866. 
 
 Food stuffs not to be destroyed, in restraint of trade. 
 
 $ 1. It shall be unlawful for any person, firm or corporation to destroy, in restraint 
 of trade, any fish, fowl, animal, vegetable, or other stuffs, products or articles which 
 are customary food, or which are proper for food, for human beings, and are in fit 
 sanitary condition to be used as such. [Amendment of May 27, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 866.] 
 
 Punishment for violation of act. 
 
 5 2. Any person, firm or corporation who shall violate any of the provisions of this 
 act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished 
 by a fine not to exceed five hundred dollars, or by imprisonment in the county jail not 
 to exceed six months, or by both such fine and imprisonment. 
 
 The director of the department of aKTi- enforcing this act. 8e% antc^ Act 96, f t. 
 culture is given power of administering and
 
 Act 1574, g§ 1, 2 GENERAL l-AW S. 788 
 
 INSPECTION OF ANIMALS SLAUGHTERED FOR FOOD. 
 ACT 1574 — An act providing for the inspection of animals slaughtered for human food, 
 providing for the inspection of the meat and meat food products of such animals; 
 providing for the collection of fees to defray the expenses incurred by maintaining 
 such inspection, providing for the appointment and duties of officials to carry into 
 effect the provisions of this act, providing for the marking of carcasses and parts 
 thereof, and providing a penalty for violation thereof. 
 
 History: Approved May 11, 1917. In effect July 27, 1917. Stats. 
 1917, p. 423. 
 
 Inspection of slaughtering estahlishments by state veterinarian. 
 
 § 1. Any person, fii-m or corportion in the state of California, engaged in the 
 slaughtering of cattle, sheep, swine, or goats, desiring to have the healthfulness of the 
 meat and meat food products of such animals certified to, may make application for 
 the inauguration of an inspection service in such establishment. Said application shall 
 be in writing addressed to the state veterinarian of California, and shall be made on 
 blanks which will be furnished by said state veterinarian. In such application such 
 applicant for inspection shall agree to comply with the provisions of this act and to 
 maintain said establishment in a clean and sanitary manner. Upon receipt of said 
 application the state veterinarian shall make an inspection of said establishment and 
 if found clean and sanitary, and properly equipped to conduct its business in a clean 
 and sanitary manner, he shall inaugurate an inspection service therein, and shall give 
 to such establishment an official number, and this number shall be used to mark the 
 meat and meat food products of the establishment as hereinafter provided. Such an 
 establishment shall thereafter be known as "official establishment No " 
 
 Fees. 
 
 $ 2. The cost of such inspection service shall be borne by the establishment where 
 it is maintained and shall be paid for in the following manner: When, in the opinion 
 of the state veterinarian, the volume of business is sufficient to occupy the continuous 
 services of one inspector, such establishment shall pay a fee of one hundred and fifty 
 dollars per month. When in the opinion of the state veterinarian the services of more 
 than one inspector are required to properly carry on the work, the fee in such cases 
 shall be one hundred fifty dollars per month for the first inspector, and one hundred 
 twenty-five dollars per month for each additional inspector. When, in the opinion of 
 the state veterinarian, the inspection work in two or more neighboring establishments 
 can be properly supervised by one inspector, said state veterinarian may, in such cases, 
 prorate the fees among such establishments, but in no instance where only one inspector 
 is employed to supervise the work in more than one establishment shall the aggregate 
 fees be less than one hundred fifty dollars per month, and in no such instance shall 
 the individual fees be less than fifty dollars per month. All such fees shall be paid 
 during the first week of January, April, July and October of each year and they shall 
 be paid in advance for the ensuing three months. Such fees shall be paid to the state 
 veterinarian, who shall at least as often as once each month and oftener if required 
 to do so, report to the state controller the total amount of fees collected, and at the 
 same time he shall pay into the state treasury the entire amount of said receipts. All 
 such receipts shall be credited to the meat hygiene fund, which fund is hereby created, 
 out of which shall be paid the salaries of inspectors who are appointed in accordance 
 with the provisions of this act, as well as other expenses that may be incurred incidental 
 thereto. In no instance, however, shall any of the fees collected as provided herein be 
 refunded. The state veterinarian is hereby authorized to appoint such inspectors as 
 may be necessary to carry out the provisions of this act.
 
 r6» FOODS. Act 1574, §§ 3-7 
 
 Hours for slaughtering. 
 
 $ 3. All slaughtering in each official establishment shall be conducted between the 
 hours of seven o'clock a. m. and seven o'clock p. m. of any one week day, unless a 
 special permit in writing or by telegram, authorizing slaughtering at any other time, 
 is gi'anted by the state veterinarian. The manager or other person in charge of such 
 establishment shall inform the inspector when work has been concluded for the day, 
 and of the day and hour when work will be resumed. Where one inspector is detailed 
 to conduct the work at two or more establishments where few animals are slaughtered, 
 the inspector may designate the hours for work. 
 
 Ante mortem examination. 
 
 § 4. In each official establishment an ante mortem examination shall be made of all 
 cattle, sheep, swine and goats about to be slaughtered, and satisfactory facilities shall 
 be provided for conducting such examinations, and for separating and holding apart 
 from passed animals those that are unfit for immediate slaughter. 
 
 Parts inspected. Mark. 
 
 ^ 5. In each official establishment a careful inspection shall be made of all animals 
 at the time of slaughter. The head and tongue, tail, thymus gland, and all viscera, and 
 all parts and blood used in the preparation of meat food and medicinal products shall 
 be retained in such a manner as to preserve their identity until after the post-mortem 
 examination has been completed. Carcasses and parts thereof found to be sound, 
 healthful, wholesome and fit for human food shall be passed and marked in the follow- 
 ing manner: Upon all passed carcasses and parts thereof slaughtered in an official 
 establishment the .inspector shall place a mark bearing the words "Cal. Inspected and 
 Passed." This mark shall also contain the official number of the establishment. The 
 number of such marks that shall be affixed and their location on the carcasses and 
 parts thereof shall be determined by the state veterinarian. Each carcass or part 
 thereof, which is found on post-mortem inspection to be unsound, unhealthful, unwhole- 
 some or otherwise unfit for human food shall be marked conspicuously by the inspector 
 at the time of inspection with the words "Cal. Inspected and Condemned," and such 
 carcass or part thereof shall, under the supervision of the inspector, be rendered unfit 
 for human consumption in some manner approved by the state veterinarian. 
 
 Rules and regulations. 
 
 $ 6. The state veterinarian shall, from time to time, make such rules and regula- 
 tions as are necessary for the efficient execution of the provisions of this act, and all 
 inspections and examinations made under this act shall be such and made in such 
 manner as described in the rules and regulations prescribed by said state veterinarian 
 not inconsistent with the provisions of this act; provided, however, that in making 
 such rules and regulations said state veterinarian shall be guided by the regulations 
 governing meat inspection of the United States department of agriculture. 
 
 Violation. 
 
 ^ 7. It shall be unlawful for any person, firm or corporation except the inspector as 
 herein provided, to have in possession, keep or use any mark, stamp or brand provided 
 or used for marking, stamping or branding any article herein required to be marked, 
 stamped or branded. It shall be unlawful for any person, firm or corporation to have 
 in possession, keep, make or use any mark, stamp or brand having thereon a device 
 or words similar in character or import to the marks, stamps or brands provided or 
 used for marking, stamping or branding such articles, and any violation hereof shall 
 be deemed a misdemeanor. 
 
 FORCIBLE ENTRY AND UNLA"^TUL DETAINER. 
 See Kerr's Cyc. Code Civil Procedure, §§ 1159j et seq. 
 Gen. Laws — 49
 
 Act 1577, 88 1< a 
 
 GE^NERAli LAWS. 
 
 J7i> 
 
 CHAPTER 121. 
 
 rORECLOSURE. 
 References: Foreclosure suits, see Kerr's Cyc. Code Civil Procedure, §§ 726, et seq. 
 
 CONTENTS OF CHAPTER. 
 ACT 1577. Attorney's Fees Abolished. 
 
 ATTORNEY'S FEES ABOLISHED. 
 ACT 1577 — An act to aljolish attorney's fees and other charges, in foreclosure suits. 
 History: Approved March 27, 1874, Stats. 1873-74, p. 707. 
 
 Court to fix attorney's fees. 
 
 $ 1. In all cases of foreclosure of mortgage the attorney 's fee shall be fixed by the 
 court in which the proceedings of foreclosure are had, any stipulation in said mort- 
 gage to the contrary notwithstanding. 
 
 Repeal of conflicting acts. 
 
 $ 2. All acts and parts of acts, so far as they conflict with the provisions of this act, 
 are hereby repealed, and this act shall take effect and be in force from and after its 
 passage. 
 
 1. Constrnctlon and application. — The act 
 
 applies only to an action to foreclose a 
 mortgage and not to an action to enforce a 
 piedg-e. — Hildreth v. Williams, 4 Cal. Unrep. 
 141, 33 Pac. 1113. See, also, Mason v. Luce, 
 116 Cal. 232, 48 Tac. 72. 
 
 2. It v\as the province of the court under 
 the act to fix the amount of the attorney's 
 fee. — Stockton, etc., Soc. v. Donnelly, 60 
 Cal. 481. 
 
 3. Same — Amount fixed by Jury. — Al- 
 though it is the province of the court, under 
 the act, to fix the attorney's fee in a fore- 
 closure suit, but when the court adopted as 
 correct the amount returned by the jury, 
 the amount may be considered as having 
 been fixed by the court. — Stockton, etc., Soc. 
 V. Donnelly, 60 Cal. 481. 
 
 4. Same — No evidence as to value of ser- 
 vices necessary. — The duty of fixing the 
 amount of the attorney's fee is imposed 
 upon the court, and no evidence as to value 
 of services is necessary. — Woodward v. 
 Brown, 119 Cal. 283, 63 Am. St. Rep. 108, 51 
 Pac 2; Hotaling v. Montieth, 128 Cal. 556, 
 61 Pac. 95. 
 
 5. Same — AVhen fee Is agreed upon, 
 larger fee is excluded. — The act is not to be 
 construed as allowing an attorney's fee, to 
 he fixed by the court, whether the mortgage 
 provides for one or not; but, if it be con- 
 strued as authorizing the court to fix a fee 
 where the mortgage is silent, it must be 
 held that, when a fee is agreed upon be- 
 tween the parties a larger fee is excluded. — 
 Monroe v. Fohl, 72 Cal. 568, 14 Pac. 514. 
 
 6. Same — Stipulation in mortgage not 
 
 controlling. — The Stipulation in the mon- 
 gage as to an attorney's fee is not control- 
 ling upon the court. — Grangers' Business 
 Ass'n v. Clark, 84 Cal. 201, 23 Pac. 1081. 
 
 7. Same — Unreasonable allo-wance cor- 
 rected on appeal. — If the attorney's fee fixed 
 by the trial court exceeds a reasonable 
 amount, it will be corrected on appeal. — 
 Grangers' Business Ass'n v. Clark. 84 Cal. 
 201, 23 Pac. 1081. 
 
 8. Same — Wliere mortgage contained a 
 stipulation for a fee. — It was proper to 
 allow an attorney's fee in a foreclosure suit 
 where the copy of the mortgage attached to 
 the complaint contained a stipulation for 
 such fee, although the complaint contained 
 no allegation on the subject. — Kern Valley 
 Bank v. Chester, 55 Cal. 49. 
 
 9. Same — Same— "When payable. — Where 
 a mortgage contained a stipulation for an 
 attorney's fee, "to become payable on filing 
 the complaint for foreclosure," on bringing 
 the suit plaintiff was entitled to a lien on 
 the mortgaged premises for the amount of 
 such, and was entitled to proceed to fore- 
 closure for such amount, notwithstanding 
 defendant paid the principal and interest of 
 suit brought and before judgment. — Stock- 
 ton, etc., Soc. V. Donnelly, 60 Cal. 481. 
 
 10. Same — Presumptions on appeal. — In 
 the absence of anything in the record to 
 the contrary it must be presumed in the 
 appellate court that the court below pro- 
 ceeded regularly in fixing the amount of the 
 attorney's fee in a foreclosure suit, and 
 that the judgment is, in all respect, correct. 
 —Montgomery v. Merrill, 62 Cal. 385. 
 
 II
 
 771 FORESTRY. Act 1578, gg 1. 2 
 
 CHAPTER 122. 
 
 FORESTRY. 
 
 References: See, generally, tits. "Agriculture"; "Fruit"; "Horticulture"; "Silk Culture"; 
 
 "Viticulture." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1578. State Board of Forestry Act. 
 
 1578a. Prkvention and Suppression op Forest FnsES. 
 
 1579. Salaries State Forester, Deputy and Assistant. 
 
 1580. "State Forestry Fund." 
 
 1581. State Forestry Nursery Created. 
 1583. United States Forest Eeserve Fund. 
 
 1585. Eeforestation of San Bernardino Forest Reserve. 
 
 1586. Reforestation of Angeles National Forest. 
 
 1588. Prevention of Destruction of Wild Game in Cleveland National Forest. 
 
 1589. Disincorporation of Fire Districts. 
 
 1590. Tamalpais Forest Fire District. 
 
 1591. Prevention of Forest Fires on Public Lands. 
 
 1592. Fighting Forest Fires in San Antonio Canyon. 
 
 1593. Fighting Forest Fires in San Dimas Canyon. 
 
 1594. Prevention of Forest Fires in San Antonio Canyon. 
 
 FORESTRY ACT. 
 ACT 1578 — An act to provide for the regulation of fires on, and the protection and man- 
 agement of, public and private forest lands within the state of California, creating 
 a state "board of forestry and certain oificers subordinate to said hoard, prescribing 
 the duties of such officers, creating a forestry fund, and appropriating the moneys 
 in said fund, and defining and providing for the punishment of certain offenses for 
 violations of the provisions of this act, and making an appropriation therefor. 
 History: Approved March 18, 1905, Stats. 1905, p. 235. Amended 
 April 7, 1911, Stats. 1911, p. 709; May 2, 1919. In effect July 22, 1919, 
 Stats. 1919, p. 234; May 25, 1919. In effect July 25, 1919. Stats. 1919, 
 p. 1191. Prior act of May 3, 1885, Stats. 1885, p. 10. Amended and sup- 
 plemented March 7, 1887, Stats. 1887, p. 46. Repealed March 23, 1893, 
 Stats. 1893, p. 229. 
 
 State board of forestry. 
 
 $ 1. The governor shall appoint four persons, one of whom shall be familiar with 
 the timber industry, one with the live stock industry, one with the grain and hay 
 industry, and one at large, who together with the state forester, shall constitute the 
 state board of forestry, which shall supervise and direct all matters of state forest 
 policy, management and protection. Said board shall make rules and regulations for 
 its government, and shall meet at such times and places as it sees fit. The members, 
 except the state forester, shall receive no compensation for their services, but shall be 
 paid actual traveling expenses which may be incurred in the performance of their 
 official duties, which shall be paid out of the fund appropriated for the support of the 
 state board of forestry. [Amendment of May 25, 1919. In effect July 25, 1919. 
 Stats. 1919, p. 1192.] 
 
 State forester and his duties. 
 
 $ 2. There shall be a state forester, who shall be a civil executive officer, and who 
 shall be a technically trained forester, appointed by the governor to hold office at the 
 pleasure of the appointing power; and whether any candidate for the position is a 
 technically trained forester shall be determined by certificate from the secretary of the 
 United States department of agriculture, or from the department of forestry of the 
 state university after such department is established. He shall receive a salary of 
 twenty-four hundred dollars per annum, and shall be authorized and empowered to 
 appoint two assistant foresters, whose salaries shall not exceed twelve hundred dollars
 
 Act 1578, 8§ 3-e GENERAL LAWS. 7TJi 
 
 each per annum. He shall maintain headquarters at the state capitol in an office pro- 
 vided by the secretary of state, and shall be allowed necessary office and contingent 
 expenses. He and his assistants shall be paid reasonable traveling and field expenses 
 which may be incurred in the necessary performance of their official duties. He shall 
 act as secretary of the state board of forestry. He shall, under the supervision of the 
 state board of forestry, execute all matters pertaining to forestry within the jurisdic- 
 tion of the state; have charge of all fire wardens in the state, and direct and aid them 
 in their duties; direct the protection and improvement of state parks and forests; col- 
 lect data relative to forest destruction and conditions; take such action as is author- 
 ized by law to prevent and extinguish forest, brush and grass fires; enforce all laws per- 
 taining to forest and brush-covered land, and prosecute for any violation of such laws ; 
 co-operate with land owners, as described in section 4 of this act; and publish from 
 time to time such information of forestry as he may deem wise. He shall prepare 
 annually a report to the governor on the progress and condition of state forest work, 
 and recommend therein plans for improving the state system of forest protection, man- 
 agement and replacement. 
 
 Supervision and care of state parks. 
 
 $ 3. The California Redwood Park and the Mt. Hamilton tract, together with all 
 moneys heretofore or hereafter appropriated for the purchase of land for or care of 
 said parks, tracts and stations, shall be in charge of the state board of forestry, said 
 board to take place of and forthwith shall have all the powers and duties now possessed 
 in accordance with law by persons or commissions with regard to the state parks, 
 tracts of land, and forest stations mentioned in this act, and also any forest or brush 
 land which may hereafter become state property, or be placed definitely in the care of 
 the state; and it is hereby further enacted that, if the government of the United States 
 or any individual or corporation shall, at any time, donate or entrust to the state of 
 California, for state park or state forest reserve purposes, any tract or tracts of wholly 
 or partially wooded land, such tract or tracts of land shall be administered at the 
 expense of the state, as provided by law. 
 
 Co-operative work. 
 
 § 4. The state forester shall, upon request and whenever he deems it essential to the 
 best interests of the people and the state, co-operate with counties, towns, corporations 
 and individuals in preparing plans for the protection, management and replacement of 
 trees, woodlots and timber tracts, on consideration and under an agreement that the 
 parties obtaining such assistance pay at least the field expenses of the men employed 
 in preparing said plans. 
 
 Publication of laws and notices. 
 
 § 5. The state forester shall prepare and print for public distribution, an abstract of 
 all the forest laws of California, together with such rules and regulations in accord 
 therewith as he may deem necessary, and shall annually print and distribute a list of 
 all fire wardens with their addresses, all such matters to be published with the approval 
 of the state board of forestry. He shall also furnish notices, printed in large letters on 
 cloth, calling attention to the danger from forest fires and to forest fire and trespass 
 laws and their penalties. Such notices shall be posted by the fire-wardens in con- 
 spicuous places along every highway in brush and forest covered country, at frequent 
 inter^'-als along streams and lakes frequented by tourists, hunters or fishermen, at 
 established camping sites, and in every postoffice in the forested region. 
 
 Fire districts. 
 
 $ 6. The state forester shall divide the state into such number of fire districts as 
 shall be deemed by him most necessary to the efficiency of his work; and, furthermore.
 
 773 FORESTRY. Act 1578, §§ 7-11 
 
 any county, or combination of less than four counties, shall be made a separate fire 
 district, upon request of the county board or board of supervisors, in which case such 
 special fire district shall pay the cost of maintaining its district fire-warden. 
 
 Duties of assistant foresters. 
 
 $ 7. The duties of the assistant foresters shall be to devote their entire time to state 
 forest interests according to rules and directions to be determined by the state forester, 
 with the approval of the state board of forestry. They shall take prompt measures to 
 prevent and extinguish forest fires; keep a record of the cause, extent and damage of 
 all forest fires in their respective districts, and perform such other duties as the state 
 forester may direct. 
 
 Voluntary fire-wardens and their duties. 
 
 $ 8. The state forester shall appoint, in such number and localities as he deems 
 wise, public-spirited citizens to act as voluntary fire-wardens, who may receive payment 
 for their services from the counties or from private sources. They shall promptly 
 report all fires and take immediate and active steps toward their extinguishment, report 
 any violation of the forest laws, assist in apprehending and convicting offenders, and 
 perform such other duties as the state forester may direct. The supervisors and 
 rangers on the federal forest reserve within the state, whenever they formally accept 
 th* duties and responsibilities of fire-wardens, may be appointed as voluntary fire- 
 wardens, and shall have all the powers given to fire-wardens by this act. 
 
 Powers and requirements of fire-wardens. 
 
 § 9. The state forester and all fire-wardens shall have the powers of peace oflScers 
 to make arrests without warrant, for violations of any state or federal forest laws, and 
 no fire-warden shall be liable to civil action for trespass committed in the discharge of 
 his duties. Any fire-warden who has information which would show, with reasonable 
 certainty that any person had violated any provision of such forest laws, shall immedi- 
 ately take action against the offender, either by using his own powers as a peace officer, 
 or by making complaint before the proper magistrate, or by information to the proper 
 district attorney, and shall obtain all possible evidence pertaining thereto. Failure on 
 the part of any paid fire warden to comply with the duties prescribed by this act shall 
 be a misdemeanor, and punishable by a fine of not less than twenty dollars, nor more 
 than two hundred and fifty dollars, or imprisonment for not less than ten days nor 
 more than three months, or both such fine and imprisonment and the state forester is 
 hereby authorized to investigate and prosecute such violations. 
 
 Assistance of citizens in fighting fires. 
 
 § 10. All fire-wardens shall have authority to call upon able-bodied citizens between 
 the ages of sixteen and fifty years, for assistance in putting out fires, and any such 
 person who refuses to obey such summons, unless prevented by good and sufficient 
 reasons, is guilty of a misdemeanor, and must be fined in a sum not less than fifteen 
 dollars, nor more than fifty dollars, or imprisonment in the county jail of the county 
 in which such conviction shall be had, not less than ten days, nor more than thirty 
 days, or both such fine and imprisonment ; provided, that no citizen shall be called upon 
 to fight fire a total of more than five days in any one year. 
 
 Fire patrol. 
 
 § 11. In times and localities of particular fire danger the state forester may main- 
 tain a fire patrol through the fii'e-wardens, at such places in brush or forest land as the 
 public interest may require, the expense of such patrol to be paid by the county in 
 which such patrol is maintained; and, furthermore, he may, upon written request by 
 counties, corporations or individuals, maintain a fire patrol on their forest lands, pro- 
 vided, that the expense of said patrol be paid by the party or parties requesting same.
 
 Act 1578, §8 12-16 CEIVKRAL LAWS. 774 
 
 District attorneys to prosecute vigorously. 
 
 $ 12. Whenever an arrest shall have been made for violation of any provision of this 
 act, or whenever any information of such viohition shall have been lodged with him, the 
 district attorney of the county in which the criminal act was committed must prosecute 
 the offender or offenders with all diligence and energy. If any district attorney shall 
 fail to comply with the provisions of this section he shall be guilty of a misdemeanor, 
 and, upon conviction, shall be fined not less than one hundred dollars nor more than 
 one thousand dollars in the discretion of the court. Action against the district attorney 
 shall be brought by the attorney general in the name of the people of the state on the 
 relation of the state forester. The penalties of this section shall apply to any magis- 
 trate with proper authority, who refuses or neglects to cause the arrest and prosecu- 
 tion of any person or persons when complaint, under oath, of violation of any terms 
 of this act has been lodged with him. 
 
 Destruction of warning notices. 
 
 ^ 13. Any person who shall destroy, deface, remove or disfigure any sign, poster or 
 warning notice ported under the provisions of this act shall be guilty of a misde- 
 meanor and punishable, upon conviction, by a fine of not less than fifteen dollars nor 
 more than one hundred dollars, or imprisonment in the county jail for a period of not 
 less than ten days nor more than three months, or both such fine and imprisonment. 
 
 Willfully, maliciously and negligently setting forest fires. 
 
 $ 14. Ever}' person who willfully, maliciously or negligently sets on fire or causes or 
 procures to be set on fire any woods, brush, prairies, grass, grain or stubble on any 
 lands not his own, or allows the fire to escape from his own land, whereby any property 
 of another is injured or destroyed, or accidentally sets any such fire or allows it to 
 escape from his control without extinguishing it or using every effort to extinguish it, 
 shall be guilty of a misdemeanor, and upon conviction is punishable by a fine of not 
 less than fifty dollars, nor more than one thousand dollars, or imprisonment for not 
 less than thirty days, nor more than one year, or both such fine and imprisonment. 
 Setting such fires or allowing them to escape shall be prima facie proof of willfulness, 
 malice or neglect under this section, provided, that nothing herein contained shall apply 
 to a person who, in good faith, sets a back-fire to check a fire already burning. 
 
 Extinguishment of camp-fires. 
 
 ^ 15. Every person who upon departing from a camp or camping place, leaves fire 
 burning or unextinguished, or who after building such fire allows it to spread, shall be 
 guilt}' of a misdemeanor and punishable by a fine of not less than fifty dollars nor 
 more than five hundred dollars, with costs of suit and collection, one-half of such fine 
 or such a portion thereof as shall not exceed fifty dollars, to be paid to the person 
 securing the arrest and conviction of such offender, and if the defendant refuses or 
 neglects to pay the fine and costs imposed, he shall be confined in the county jail of 
 the county in which conviction shall be had, for a period not to exceed one day for 
 every two dollars of the fine imposed, or may be subject to both Such fine and imprison- 
 ment. 
 
 Restriction of use of fire in dry season- 
 
 $ 16, It shall be unlawful during what is locally known as the "dry season," this to 
 be considered as the period between May fifteenth and the first soaking rains of autumn 
 or winter, for any person or persons to burn brush, stumps, logs, fallen timber, fallows, 
 grass or forest-covered land, or blast wood with dynamite, powder or other explosives, 
 or set off fire-works of any kind in forest or brush-covered land, either their own or 
 the property of another, without written permission of and under the direction or super- 
 vision of a fire-warden in that district; these restrictions not to apply to the ordinary
 
 rrs FORESTRY. Act 1578, §§ 17-19 
 
 use of fire or blasts in logging redwood, nor in cases where back-fires are set in good 
 faith to stop an existing fire. Violation of these provisions shall be a misdemeanor, 
 punishable, upon conviction, by a fine of not less than fifty dollars, nor more than one 
 thousand dollars, or imprisonment not less than thirty days nor more than one year, or 
 both such fines and imprisonment. 
 
 Engines in forest land. 
 
 § 17. Logging, locomotives, donkey or threshing engines, and other engines and 
 boilers operated in, through or near forests, brush or grass land, which do not bum 
 oil as fuel, shall be provided with appliances to prevent the escape of fire and sparks 
 from the smoke-stacks thereof, and with devices to prevent the escape of fire from ash- 
 pans and fire-boxes. Failure to comply with these requirements shall be a misde- 
 meanor, punishable, upon conviction, by a fine of not less than one hundred dollars nor 
 more than five hundred dollars, and any person violating any provisions of this section 
 shall be liable to a penalty of not less than fifty dollars nor more than one hundred 
 dollars, for every such violation, or imprisonment for not less than thirty days nor 
 more than three months, or both such fine and imprisonment. 
 
 Civil liability for forest fires. 
 
 § 18. In addition to the penalties provided in sections fourteen, fifteen, sixteen and 
 seventeen of this act, the United States, state, county, or private owners, whose prop- 
 erty is injured or destroj^ed by such fires may recover in a civil action, double the 
 amount of damages suffered if the fires occurred through wilfulness, malice or negli- 
 gence; but if such fires were caused or escajDed accidentally or unavoidably, civil action 
 shall lie only for the actual damage sustained as determined by the value of the prop- 
 erty injured or destroyed, and the detriment to the land and vegetation thereof. The 
 presumption of wilfulness, malice or neglect shall be overcome; provided, that the 
 precautions set forth are observed; or, provided, fires are set during the "dry season" 
 with written permission of and under the direction of the district fire-warden. Persons 
 or corporations causing fires by violations of this act shall be liable to the United 
 States, state, county, or private owners in action for debt to the full amount of all 
 expenses incurred by the United States, state, county or private owners in fighting 
 such fires. [Amendment of May 2, 1919. In effect July 22, 1919. Stats. 1919, p. 234.] 
 
 Inspection of forest area. Posting notice. Order that area be cleaned up. Declaring 
 
 area a nuisance. Expense. 
 
 $ 19. It shall be the duty of the state board of forestry, whenever it shall be deemed 
 necessary, to notify the owner of any forest area within the state by a written notice 
 to be served upon the person or persons or corporation, or either of them, owning or 
 having charge of such area, or upon the agents, attorney or representative of either, by 
 any fire-warden, deputy fire-warden or special fire-warden or any employee of the state 
 board of forestry, in the same manner as a summons in a civil action, or if such area 
 belongs to any non-resident person or corporation and there is no person in control or 
 possession thereof, and such non-resident person or corporation has no tenant, attorney, 
 representative or agent upon whom such service can be had, or if the owner or owners 
 of such area, or their tenants, attorneys, representatives, or agents can not after due 
 diligence be found, then by posting the said notice in some conspicuous place upon 
 such area and by mailing a copy thereof to the owner thereof *t his last known place 
 or residence if the same is known or can be ascertained, that the said state board of 
 forestry intends to cause an inspection to be made of the said forest area for the pur- 
 pose of ascertaining whether or not the same constitutes a nuisance as hereinafter 
 provided. The said notice shall describe the forest area to be inspected by general 
 description and shall designate the time of such inspection. At the time so designated
 
 Act I57S, §§ 20, 21 GENERAL LAWS. 770 
 
 in said notice the said state board of forestry shall cause an inspection to be made of 
 the said forest area and the said owner or his agent shall be permitted to be present 
 during such inspection and shall be given a full opportunity of showing that such forest 
 area is not a nuisance as contemplated by this act. If the said state board of forestry 
 after such inspection finds any forest area inadequatelj' protected adjoining, lying near, 
 or intermingled with other forest and covered wholly or in part with inflammable 
 debris, which by reason of such location or condition or lack of protection endangers 
 life or property, the state board of forestry shall in writing notify the owner or owners 
 of such areas that the condition of said areas endangers life or property and shall 
 require such persons or corporation to clean up such areas by the use of fire or other- 
 wise at a time and in a manner to be therein specified. Said notice may be served upon 
 the person or persons or corporation, or either of them, owning or having charge of 
 such areas or upon the agents of either, by any fire-warden, deputy fire-warden, or 
 special fire-warden or any employee of the state board of forestry, in the same manner 
 as a summons in a civil action; provided, however, that if any such area belong to anj' 
 non-resident person or corporation and there is no person in control or possession 
 thereof and such non-resident person or coiporation has no tenant, bailee, depository or 
 agent upon Avhom such service can be had; or if the owner or owners of such areas 
 can not after due diligence be found, then such notice may be served by posting the 
 same in some conspicuous place upon such area, and by mailing a copy thereof to the 
 owner thereof at his last known place of residence, if the same is known or can be 
 ascertained. Anj' and all such inadequately protected forest areas adjoining, lying 
 near, or intermingled with other forest and covered wholly or in part with inflammable 
 debris, which by reason of such location or condition or lack of protection endangers 
 life or property, are hereby declared to be a public nuisance; and whenever any such 
 nuisance shall exist within the state, and the proper notice shall have been served, as 
 herein provided, and the time specified in said notice shall have elapsed without the 
 nuisance having been abated, it shall be the duty of the state board of forestry to cause 
 said nuisance to be at once abated, by burning or otherwise disposing of the inflam- 
 mable debris. The expense thereof shall be paid by the state in like manner as bills for 
 fire fighting are paid. Any and all such sum or sums so paid shall be and become a lien 
 on the property from which said nuisance has been removed or abated in pursuance 
 of this section, and said lien shall continue as long as the said sum or sums above 
 referred to shall remain unpaid. The claim for any lien shall be filed by the state 
 forester, or, under his direction, by any of his assistants or fire-wardens, in the office of 
 the county recorder of the county in which the property on which said nuisance existed 
 is situated. Proceedings for the enforcement of such lien shall be instituted by the dis- 
 trict attorney of the county where the nuisance existed, at the request of the state 
 board of forestry and in the name of the state of California as claimant; and the costs 
 shall be recovered in the usual manner. The state board of forestry is hereby vested 
 with the power to cause any and all such nuisances to be abated in a summary manner. 
 [Amendment approved April 7, 1911. Stats. 1911, p. 709.] 
 
 Disposals of moneys received as penalties. 
 
 $ 20. All moneys received as penalties for violations of the provisions of this act, 
 less the cost of collection, and not otherwise provided for, shall be paid into the state 
 treasury to the credit of the forestry fund, which fund is hereby created, and the 
 moneys therein are hei»by appropriated for purposes of forest protection, management 
 and replacement under direction of the state board of forestry. 
 
 Moneys for forest purposes. 
 
 ^ 21. County boards of supervisors may appropriate money for purposes of forest 
 protection, improvement and management.
 
 777 FORESTRY, Act 1578a, § X 
 
 Payment of expenses under this act. 
 
 $ 22, There is hereby appropriated for the fiftj'-seventh and fifty-eighth fiscal years, 
 the sum of seventeen thousand six hundred dollars ($17,600) for carrying out the pro- 
 vision of this act, and for the payment of all salaries and expenses herein provided for. 
 
 § 23. All acts or parts of acts inconsistent with the provisions of this act are hereby 
 repealed. 
 
 Code commissioners' note: "Cf. §§ 14 and as evidencing an election by the board under 
 
 15 with Fenal Code, §§ 384, 384a, 384b (1905, the forestry act to pay him as the ap- 
 
 pp. 757, 758). See, also, ^23^, added to pointee of the state forester for his servicea 
 
 county government act of 1897 (1905, p. 394), in the discharge of the duties of his ap- 
 
 and Civil Code, § 3346a, as adopted In 1905 pointment. — Welch v. Ware, 161 Cal. 641, 
 
 (1905, p. 621)." 119 Pac. 1080. 
 
 1. Fire wardens — Appointment. — It is the 3. Same. — Compen.sation. — The only au- 
 duty of the state forester, under this act. thority given the board of supervisors is to 
 to appoint local fire wardens, and the board provide for the compensation of voluntary 
 of supervisors have no power to make such fire wardens; but there is no provision of 
 an apointment. — Welch v. Ware, 161 Cal. the law which requires the board to make 
 641, 119 Pac. 1080. compensation in any given amount, or If 
 
 2. An appointment by the board of super- compensation is allowed, that it should be 
 visors of a fire warden, and an order fixing continued for any given time or terni.— 
 his compensation as such, can only be taken Welch v. Ware, 161 Cal. 641, 119 Pac. 1080. 
 
 PREVENTION AND SUPPRESSION OF FOREST FIRES. 
 ACT 1578a — An act providing for the prevention and suppression of forest fires. 
 
 History: Approved May 2, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 262. 
 
 Prevention and suppression of forest fires. 
 
 § 1. For the prevention and suppression of forest fires the state board of forestry 
 shall— 
 
 (a) Make and enforce such rules and regulations as may be necessary and proper 
 for the organization, maintenance, government and direction of the fire protective 
 system provided for in this act; 
 
 Fire districts. 
 
 (b) Divide the state into such number of suitable and convenient fire districts as 
 may be necessary; 
 
 Fire rangers. 
 
 (c) Appoint a district fire ranger for each of such fire districts to serve during the 
 seasons when fires are liable to occur at a salary of not to exceed one hundred fifty 
 dollars per month and necessary expenses. Said district fire rangers shall, under the 
 direction of the state forester, have charge of the fire fighting system and men in such 
 districts; and shall be charged with the duty of preventing and extinguishing forest 
 fires and with the performance of such other duties as may be required by the forester; 
 
 Implements and apparatus. 
 
 (d) Provide all proper fire-prevention and fire-fighting implements and apparatus, 
 organize fire companies and establish observation stations and employ men to attend 
 them in all fire districts established as herein provided; construct and maintain tele- 
 phone lines and provide such other means of communication as shall be necessary to 
 prevent and extinguish forest fires. 
 
 Co-operation with other agencies. 
 
 ^ 2. For the puiiiose of co-operating with federal, county, municipal and private 
 agencies for fire protection, forest management, reforestation and afforestation the state 
 forester may — 
 
 Agreements with federal government. 
 
 (a) Enter into agreements with the federal government, under such terms as he
 
 Aot i:;7Sa, g§ 3-5 GENERAL I-AWS. 778 
 
 deems advisable or as may be provided by law, and renew, revise or terminate such 
 agreements, for the purpose of maintaining a fire patrol system for the prevention and 
 suppression of any forest fires in any timber, brush, grass or other inflammable vegeta- 
 tion or material; provided, that the expenses incurred by the terms of said agreements 
 shall be paid from the appropriations or funds available for forest fire protection. 
 
 Agreements with counties or municipalities. 
 
 (b) Whenever any county or municipality shall make any appropriation for the 
 prevention and suppression of forest fires on any lands within said county, or munici- 
 pality, or for the protection and forest management of any lands over which such 
 county or municipality has jurisdiction, or for reforestation or afforestation on lands 
 within said county or municipality, the state forester may, with the approval of the 
 state board of control, enter into agreements with such county or municipality for said 
 purposes on such terms and under such considerations as he deems wise. 
 
 Agreements with persons, firms, etc. 
 
 (c) Enter into agreements, with the approval of the state board of control, with any 
 person, firm, association or corporation owning or controlling any forest, brush, grass 
 or grain lands, under such terms as he deems advisable or as may be provided by law, 
 and renew, revise or terminate such agreements, for the prevention and suppression of 
 forest fire; provided, that said agreements shall not provide that the state shall pay 
 more than one-third of the expenses for said prevention and suppression of forest fires ; 
 provided, however, that the expenses incurred bj' the terms of said agreements shall 
 be paid from the appropriations or funds available for forest fire protection. 
 
 Special fire rangers. 
 
 ^ 3. Where owners of land, or any organization, shall maintain a fire patrol for the 
 prevention and suppression of forest fires the state forester may designate such patrol- 
 man as special fire ranger and give to him, for the protection of lands patrolled by him 
 or adjacent thereto, all the rights and powers of district fire rangers as herein provided; 
 and such special fire rangers shall be paid wholly by such owners or organizations 
 or as may be provided for by section two of this act. 
 
 Power to summon help for suppression of fires. 
 
 § 4. The state forester, deputy state forester and assistant state foresters, shall have 
 power to summon any able-bodied male to assist in suppressing any forest fire; and 
 whosoever fails to obey such summons shall be guilty of a violation of this act; and the 
 above-mentioned oflScers shall have power to authoi-ize any district fire ranger, special 
 fire ranger or any voluntary fire warden to summon any able-bodied man to assist in 
 suppressing any forest fire within their respective jurisdictions, and whosoever fails to 
 obey such summons from any such authorized district fire ranger, special fire ranger 
 or voluntary fire warden shall be deemed guilty of a violation of this act; and every 
 person who in obedience to such summons assists in extinguishing any forest fire shall 
 be compensated at the rate of twenty-five cents per hour of service actually rendered; 
 provided, that said compensation shall be paid from the appropriations or funds 
 available for forest fire protection. 
 
 Power to make arrests. 
 
 ^ 5. The state forester, deputy state forester, assistant state foresters, district fire 
 rangers and special fire rangers, shall have the powers of peace officers to make arrests 
 without warrant, for violation of any state, county or federal fire law, and none of 
 them shall be liable to civil action for tresjiass committed in the discharge of their 
 duties.
 
 779 FORESTRY. Acts 1579, 15S0, §§ 1, 2 
 
 "Forest fire" defined. 
 
 ^ 6. The term "forest fire" as used in this act, means any fire burning uncontrolled 
 on any lands covered wholly or in part by timber, brush, grass, grain, or other inflam- 
 mable vegetation. 
 
 Penalty. 
 
 ^ 7. Any person who shall violate any of the provisions of this act shall be gnilty 
 of a misdemeanor and shall be punishable upon conviction by a fine of not less than 
 fifty dollars nor more than five hundred dollars, and if the defendant refuses, on con- 
 viction, to pay said fine he shall be confined in the county jail of the county in which 
 conviction shall be had for a period not to exceed one day for every two dollars of the 
 fine imposed, or may be subject to both such fine and imprisonment. 
 
 Repealed. 
 
 $ 8. All acts or parts of acts inconsistent with the provisions of this act are hereby 
 repealed. 
 
 SALARIES OF FORESTRY OFFICERS. 
 ACT 1579 — An act to fix the salaries of the state forester, deputy forester and assistant 
 forester. 
 
 History: Approved March 22, 1909, Stats. 1909, p. 669. Amended 
 May 14, 1917. In effect July 27, 1917. Stats. 1917, p. 439. 
 
 Salaries of state forester and assistants. 
 
 § 1. The salary of the state forester shall be three thousand dollars per annum. 
 The state forester shall have authority to aj^point a deputy forester at a salary of two 
 thousand four hundred dollars per annum and an assistant forester at a salary of 
 one thousand six hundred dollars per annum. The deputy forester shall exercise all 
 the powers and duties of the state forester during the latter 's absence. All the salaries 
 mentioned herein are to be paid in the same manner as the salaries of other state officers 
 are paid. [Amendment of May 14, 1917. In effect July 27, 1917. Stats. 1917, p. 439.] 
 
 Eepeal of conflicting acts. 
 
 § 2. All acts and parts of acts inconsistent with this act are hereby repealed. 
 
 STATE FORESTRY FUND. 
 ACT 1580 — An act to appropriate one hundred thousand dollars from any moneys 
 hereafter collected and received by the state of California from the United States 
 in pajrment of the claims of the state arising out of the Indian and civil wars, to be 
 expended in the acquisition, preservation, and protection of the forests of this state ; 
 creating the state board of examiners a commission to carry this act into efi'ect and 
 for the disbursement of said moneys, and creating the "state forestry fund." 
 History: Approved March 18, 1905, Stats. 1905, p. 183. 
 
 State forestry fund. Preservation and protection of forests. 
 
 § 1. From the monej's hereafter collected and received by the state of California 
 from the United States in payment of the claims of this state arising out of the Indian 
 and civil wars, there is hereby appropriated the sum of one hundred thousand dollars 
 which shall be set aside and covered into the "state forestry fund," which fund is 
 hereby created, and which moneys shall be devoted by the state of California for the 
 acquisition, preservation and protection of the forests within the state, and to the 
 interests of scientific forestry generally within the state. 
 
 Board of examiners to expend moneys. 
 
 ^ 2. The state board of examiners shall ronstitute a commission for the carrying into 
 effect the provisions of this act, and is hereby authorized to expend such moneys in
 
 Acts 15S1, 1583, § 1 GENERAL LAWS. 780 
 
 such manner and for such purposes within the purview of this act as it shall deem 
 advisable, and for that purpose shall audit all claims and demands arising hereunder, 
 and the controller is hereby directed to draw his warrants for the amounts as the same 
 may become due and payable and the treasurer of the state is directed to pay such 
 warrants. 
 
 ^ 3. This act shall take effect and be in force from and after its passage. 
 
 STATE FORESTRY NURSERY. 
 ACT 1581 — An act providing for the establishment and maintenance of a state nursery 
 under the jurisdiction and management of the state forester for the growing of stock 
 for reforestation and the planting of trees along highways and in public places, and 
 making an appropriation therefor. 
 
 History: Approved May 15, 1917. In effect July 27, 1917. Stats. 
 1917, p. 563. 
 
 State nursery established. 
 
 $ 1. There is hereby established a state nursery under the jurisdiction and manage- 
 ment of the state forester for the growing of stock for reforestation of public lands, 
 the planting of trees along public streets and highways and for the beautifying of parks 
 and school grounds. The state nursery shall be located by the state forester upon lands 
 now owned by the state or donated to the state for that purpose. 
 
 Duty of state forester. 
 
 § 2. The state forester shall construct and maintain such buildings, improvements 
 and equipment, and shall employ and fix the compensation of such employees as may be 
 necessary to carry out the provisions of this act. He may also purchase nursery stock 
 and seed and distribute the same at cost for public planting or reforestation. 
 
 Governor to receive deeds, etc. 
 
 § 3. The governor, on behalf of the state, is hereby authorized to receive all such 
 deeds, conveyances, assurances or donations of real or personal property as may be 
 necessary in law to vest in the people of the state of California the title to any site or 
 sites for said nursery and any equipment and supplies therefor that may be donated 
 to the state and accepted by the governor. 
 
 Appropriation. 
 
 § 4. Out of any money in the state treasury not otherwise appropriated there is 
 hereby appropriated the sum of fourteen thousand dollars for the purposes of this act. 
 
 UNITED STATES FOREST RESERVE FUND. 
 
 ACT 1583 — An act to create a fund to be known as the United States forest reserve 
 
 fund and to provide for the payment out of such fund to the treasuries of the several 
 
 counties entitled thereto of certain moneys received from the government of the 
 
 United States, and also to regulate the manner of expenditure by the counties of 
 
 the moneys so paid. 
 
 History: Approved March 18, 1907, Stats. 1907, p. 346. Amended 
 March 20, 1909, Stats. 1909, p. 550. 
 
 Creation of United States forest reserve fund. 
 
 § 1. All moneys which have been received, and all moneys which may hereafter be 
 received by the state of California from the government of the United States in pursu- 
 ance of any and all acts of congress providing for the distribution and payment to 
 states and territories of a fixed and definite percentage of the moneys received by the 
 government of the United States from the forest reserves established therein, shall be 
 credited to a fund to be known as the United Slates forest reserve fund, which fund
 
 781 FORESTRY. Acts 1585, 1586, § 1 
 
 is hereby specifically created, and such moneys shall be disposed of, in accordance with 
 the terms of such act of congress, by the payment of the same to the counties in which 
 such forest reserves are situated. The payment made to each county from the receipts 
 of any given forest reserve shall be in the proportion which the area of such forest 
 reserve situated in such county bears to the total area of such reserve. [Amendment 
 of March 20, 1909. Stats. 1909, p. 550.] 
 
 Controller to keep record of receipts. 
 
 $ 2. The controller of state shall keep a record of the receipts from the government 
 of the United States on account of each forest reserve in this state. On or before the 
 thirtieth day of June of each year the controller shall draw his warrant in favor of 
 the treasurer of each and every county entitled to payment hereunder for whatever sum 
 of money may be due to such county according to the terms of this act. The state 
 treasurer shall pay the warrants so drawn. 
 
 Duty of supervisors and county surveyors. 
 
 § 3, It shall be the duty of the board of supervisors of each county, upon application 
 of the state controller, to instruct the county survej'or to furnish the controller, without 
 expense to the state, a statistical statement showing the area of each United States 
 forest reserve located within that county, and the data thus secured shall be made the 
 basis of the computation of the amount of money due that county under the provisions 
 of this act. [Amendment of March 20, 1909. Stats. 1909, p. 550.] 
 
 County auditor to apportion money. 
 
 $ 4. It shall be the duty of the county auditor of any county receiving a payment of 
 money under the provisions of this act, immediately to apportion such money by placing 
 fifty per cent thereof to the credit of the unapportioned county school fund of such 
 county and fifty per cent to the credit of the general road fund. The money thus 
 added to the unapportioned county school fund shall be apportioned by the county 
 superintendent of schools in the same manner as other county school fund moneys, and 
 the money so added to the county general road fund shall be used for the same 
 purposes as other general road fund moneys. 
 
 § 5. This act shall take effect immediately. 
 
 REFORESTATION OF SAN BERNARDINO FOREST RESERVE. 
 
 ACT 1585 — An act to provide for the reforestation, the cutting of fire lanes and fire 
 
 trails on the San Bernardino forest reserve, and to make an appropriation therefor. 
 
 History: Approved April 14, 1909, Stats. 1909, p. 8G8. Prior act of 
 March 11, 1907, Stats. 1907, p. 206, identical in all respects with present 
 act, except that it authorized the department of engineering to enter 
 into the necessary contract, etc., while the present gave that authority 
 to the board of examiners. 
 
 REFORESTATION OF THE ANGELES NATIONAL FOREST. 
 ACT 1586 — An act to provide for the reforestation, constructing and maintaining of 
 fire lanes and fire trails on the Angeles national forest, and to make an appropriation 
 therefor. 
 
 History: Approved May 22, 1919. In effect July 22, 1919. Stats. 
 1919, p. 1240. Prior acts: Act of June 3, 1913, Stats. 1913, p. 374; 
 May 17, 1915, Stats. 1915, p. 481; May 15, 1917, Stats. 1917, p. 532; all of 
 which were practically identical with the present act. 
 
 Appropriation: fire protection in San Bernardino mountains. 
 
 ^ 1. The sum of five thousand dollars, or so much thereof as may be necessary, is 
 hereby appropriated out of any money in the state treasury not otherwise appropriated, 
 which money shall be used and expended for the purpose of constructing and main- 
 taining fire lanes and fire trails to protect the timber and brush and other growth on the
 
 Acts 1588. 1589, § 1 GENERAL. LAWS. 7Sa 
 
 water shed now standing or that may be planted upon the San Bernardino mountains, 
 in the state of California. 
 
 Contracts with United States forest service. 
 
 $ 2. The state board of control is hoieby empowered to enter into a contract or 
 contracts with the forest service of the United States government for the purpose of 
 constructing and maintaining fire lanes and fire trails for the protection of the forest 
 and brush specified in section one of this act; provided, however, that these expendi- 
 tures shall not be in excess of the amount or amounts to be expended by the forest 
 service of the federal government in collaboration with the specific work named above ; 
 and provided, further, that in case the forest service above mentioned does not con- 
 tribute the fund for said co-operation, that the state board of control shall not have 
 power to enter into such contract or contracts with the said forest service for the 
 expenditure of the said money. 
 
 PREVENTION OF DESTRUCTION OF GAME IN CLEVELAND NATIONAL 
 
 FOREST. 
 ACT 1588 — An act to prevent the destruction of wild game within certain territory 
 lying within the boundaries of the Cleveland national forest, in the state of Cali- 
 fornia, and providing a penalty therefor. 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stats. 
 1913, p. 952. 
 
 Penalty for hunting in Cleveland national forest. 
 
 ^ 1. Every person who shall hunt, pursue, kill or destroy any wild game of any kind 
 within that certain territory embraced in the Cleveland national forest, more particu- 
 larly described as follows, to wit: "The east one-half of township five south, range 
 seven west; all of township seven; all of township five south, range six west, except 
 sections one, two, three, four, ten, eleven and twelve; all of township six south, range 
 five west; all in San Bernardino base and meridian, in the state of California," is 
 guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less 
 than one hundred, nor more than five hundred dollars, or by imprisonment in the county 
 iail of the county in which the conviction shall be had, not less than fifty days nor 
 more than two hundred days, or by both such fine and imprisonment. 
 
 Not applicable to lions, etc. 
 
 5 2. The provisions of this act shall not apply to the hunting, pursuing, killing or 
 destroying of California lions, wildcats or coyotes under a permit therefor issued by 
 the fish and game commission of California. 
 
 DISINCORPORATION OF FIRE DISTRICTS. 
 ACT 1589 — An act to provide for the disincorporation and discontinuance of fire 
 districts where the same become wholly or partly within the corporate limits of a 
 town or city, incorporated subsequently to the organization thereof, and providing 
 for the disposal of the property of such districts. 
 
 History: Approved March 20, 1909, Stats. 1909, p. 576. 
 
 Discontinuance of fire districts, proceedings for. 
 
 § 1. Whenever the territory comprising a fire district organized under the laws of 
 this state, governing the organization and establishment of fire districts and fire depart- 
 ments in unincorporated towns or villages in this state, shall be wholly within, or be 
 identical with the corporate limits of a town or city, which shall have become incorpo- 
 rated as a municipality, after said fire district was organized and established, the board 
 of super\'isors of any county in which any such fire district shall have been or may be 
 hereafter established at any time, upon the written verified petition of the inhabitants
 
 'S3 rORESTRT. Act 1590, § 1 
 
 of any such fire district, whose names appear upon the last preceding assessment-roll 
 of the county, town or city within which said fire district is located, owning or repre- 
 senting more than one-half in value of the assessed real property of such fire district, 
 or owning or representing more than one-half in value of the assessed real property in 
 such fire district owned by the residents thereof, may, by a resolution adopted and 
 entered in their minutes, discontinue such fire district, and declare the same to be 
 disincorporated; and upon such action being taken by said board of supervisors, the 
 board of fire commissioners of such fire district, shall turn over t© any fire department 
 organized by the board of trustees of said to#n or city, or to the board of trustees of 
 said town or city, all the property of such fire district or fire department; such town 
 or city to pay all the debts of said fire district, and department, and thereupon said 
 fire district shall be discontinued and disincorporated. 
 
 Change of districts. 
 
 § 2. Whenever any portion of the territory of any fire district heretofore or here- 
 after established shall be incorporated into the corporate limits of any incorporated 
 town or city, the board of supervisors of the county in which such fire district is located, 
 upon the written verified petition of the inhabitants of such incorporated portion of 
 such fire district, whose names appear upon the last preceding assessment-roll of the 
 county, city or town within which said incorporated portion of said fire district is 
 located, owning or representing more than one-half in value of the assessed real prop- 
 erty in such incorporated portion of such fire district; or owning or representing more 
 than one-half in value of the assessed real property within such incorporated portion of 
 such fire district owned by the residents thereof, shall by a resolution duly adopted and 
 entered in their minutes, change the boundaries of such fire district, in such manner as 
 shall exclude such incorporated portion from such fire district, and thereafter such 
 incorporated portion of such fire district, shall cease to be a portion of said fire district, 
 and shall not be entitled to the protection of, nor liable to be assessed or taxed for the 
 support and maintenance of the fire department of such fire district. 
 
 Order of discontinuance to he recorded. 
 
 $ 3. A certified copy of any resolution of said board of supervisors, discontinuing, 
 and disincorporating such fire district or excluding a portion therefrom, or changing the 
 boundaries thereof, after being adopted, and duly signed by the chairman of said board 
 and the clerk thereof, and the seal of said board affixed thereto, and duly certified to by 
 the clerk of said board, shall within ten days after the adoption thereof by said board, 
 be filed by the clerk of said board in the office of the county recorder of the said county 
 in which said fire district is located, and the said recorder shall record the same, but 
 shall not make any charge or collect any fees for filing or recording the same. 
 
 § 4. This act shall take effect and be in force from and after its passage. 
 
 TAMALPAIS FOREST FIRE DISTRICT. 
 ACT 1590 — An act to provide for the formation, government, operation and dissolutic , 
 of Tamalpais forest fire district, to prevent and extinguish forest, brush and grasd 
 fires therein, and protect persons and property from injury, loss or damage resulting 
 from any such fires; and to provide for the assessment, levy, collection and disburse- 
 ment of taxes and revenues therein, and the contribution or pajonent of public fundi 
 therefor. 
 
 History: Approved May 21, 1917. In effect July 27, 1917. Stats. 
 1917, p. 774. 
 
 "Tamalpais forest fire district" organized. 
 
 ^ 1. There is hereby organized, created, established and incorporated a forest fire 
 district within the county of Marin, to be known as ''Tamalpais forest fire district,"
 
 ActlSOO, §g%3 GENERAL LAWS. 784 
 
 the boundaries of which are hereby established, described and determined as follows, to 
 wit: Commencing at the point where the electric pole line of the Pacific Gas and Elec- 
 tric company running from the Alto power house to Bolinas first joins the state high- 
 way between the town of Mill Valley and Alto; running thence along the line of said 
 pole line, southerly, southwesterly, and westerly across the Rancho Saucelito and the 
 Rancho Las Baulinas until the said pole line crosses the county road along the easterly 
 side of Bolinas inner bay or lagoon; running thence northwesterly along said county 
 road to its intersection with the lower county road leading from Bolinas to Olema; 
 running thence northwesterly along saidColinas and Olema county road to its intersec- 
 tion with the Tocaloma road at the village of Olema; running thence easterly along said 
 county road leading to Tocaloma to its intersection with the county road running along 
 the easterly bank of Paper Mill creek; running thence northerly and easterly along said 
 county road running along the easterly bank of Paper Mill creek to the mouth of 
 Nieasio creek; running thence up the county road running up Nicasio creek, in an 
 easterly and southerly direction, through the village of Nicasio to the intersection of 
 the Nicasio and San Geronimo county road with the Lucas valley county road; thence 
 easterly along said Lucas valley county road to its intersection with the state highway 
 at Las Gallinas; thence southerly along the state highway as at present laid out to the 
 northerly corporate limits of the city of San Rafael; thence westerly along said north- 
 erly corporate limits of said city of San Rafael to the easterly corporate limits of the 
 town of San Anselmo; thence southerly along the easterly corporate limits of the town 
 of San Anselmo to the easterly corporate limits of the town of Ross; thence southerly 
 along the easterly corporate limits of the town of Ross and westerly along the southerly 
 corporate limits of the town of Ross to the intersection thereof with the state highway ; 
 thence southerly along the state highway to the northwesterly corporate limits of the 
 town of Larkspur; thence northerly, easterly and southerly, along the corporate limits 
 of the town of Larkspur to their intersection with the northerly corporate limits of 
 the town of Corte Madera; thence easterly, southerly and westerly along the corporate 
 limits of the town of Corte Madera to their intersection with the state highway; and 
 thence southerly along the state highway to the point of beginning. 
 
 Appointment of board of trustees. 
 
 § 2. Within thirty days after this act shall go into effect, a governing board of 
 trustees for said district shall be appointed. Said board shall consist of one trustee 
 to be appointed from said district at large by the board of supervisors of said county 
 of Marin, and of one trustee to be appointed from each municipality lying wholly or 
 partially within said district by the governing board of such municipality. The govern- 
 ino- board of such district shall be called "the board of trustees of Tamalpais forest 
 fire district." Each trustee appointed by a municipal board shall be an elector of the 
 municipality from which he is appointed, and each appointee of the board of supervisors 
 shall be an elector of the district. 
 
 Term. 
 
 All such trustees shall hold ofiBce for the term of two years from and after the second 
 day of the calendar year succeeding their appointment; provided, however, that the 
 first board of trustees appointed under the provisions of this act shall, at their first 
 meeting, so classify themselves by lot that one-half of their number, if the total mem- 
 bership is an even number, and if uneven then that a majority of their number, shall 
 go out of office at the expiration of one year and the remainder at the expiration ol 
 two years, from the second day of the calendar year succeeding their appointment. 
 
 Officers. Expenses. Meetings. 
 
 $ 3. The members of the board of trustees shall meet on the first Monday subsequent 
 to thirty days after this act shall go into effect and shall organize by the election of
 
 785 FORESTRY. Act 1500, §§ 4, 5 
 
 one of their members as president and one thereof as secretary. The members of the 
 board shall serve without compensation provided that the necessary expenses of each 
 member for actual traveling expenses on meetings or business connected with said board 
 shall be allowed and paid. In event of the resignation, death or disability of any mem- 
 ber, his successor shall be appointed by the board of supervisors, if such board orig- 
 inally made such appointment, or by the governing board of the appropriate munici- 
 pality, if such appointment were originally made by the board of a municipality. The 
 board of trustees shall provide for the time and place of holding its regular meetings, 
 and the manner of calling the same, and shall establish miles for its proceedings. Special 
 meetings may be called by three trustees and notice of the holding thereof shall be 
 given to each member at least three hours before the meeting. All sessions, whether 
 regular or special, shall be open to the public and a majority of the members of the 
 board shall constitute a quorum for the transaction of business. 
 
 Powers of board of trustees. 
 
 § 4. The board of trustees of such district shall have power to take all necessary or 
 proper steps for the prevention or extinguishing of forest, brush or grass fires within 
 the district, and for the protection of persons or property from any injury, loss or 
 damage resulting from any such fire or fires; to purchase such supplies and materials 
 and to employ such labor or skilled services as may be necessary or proper in further- 
 ance of the objects of this act, and if necessary or proper in the furtherance of the 
 same to build, construct and thereafter to keep clear and maintain necessary fire roads 
 or fire trails, hydrants or other fire fighting apparatus upon the lands within the district 
 or adjacent thereto, and to acquire by purchase, condemnation, license or other lawful 
 means, in the name of the district, all necessary lands, rights of way, easements or 
 property or material requisite or necessary for any of such purposes ; to make contracts, 
 to indemnify or compensate any owner of land or other property for any injury or 
 damage necessarily caused by the exercise of the powers by this act conferred, or aris- 
 ing out of the use, taking or damage of such property for any such purposes, and 
 generally to do any and all things necessary or incident to the powers hereby granted 
 and to carry out the objects specified herein. 
 
 Estimate of money needed, 
 
 $ 5. The board of trustees of said district shall at least fifteen days before the first 
 day of the month in which the board of supervisors of Marin county is required by law 
 to levy the amount of taxes required for county purposes, furnish to said board of 
 supervisors and to the county auditor of said county, respectively, an estimate in writing 
 of the amount of money necessary for all purposes required under the provisions of 
 this act during the next ensuing fiscal year. 
 
 "Tamalpais forest fire district tax." 
 
 The board of supervisors of such county shall thereafter at the time and in the 
 manner of levying other county taxes levy upon all of the taxable property within the 
 district and cause to be collected a tax, to be known as the "Tamalpais forest fire dis- 
 trict tax," the maximum rate of which must not be greater than suflBcient to raise the 
 amount estimated to be raised by the said board of trustees of the district, nor in any 
 event shall such tax exceed ten cents on each one hundred dollars of taxable property 
 in such district. 
 
 Levy and collection. 
 
 All taxes levied under the provisions of this section shall be computed and entered on 
 the county assessment roll of said county by the county auditor, thereof, and collected 
 at the same time and in the same manner as state and county taxes, and when collected 
 shall be paid into the county treasury of said county for the use of said district. 
 
 Gen. Laws — 50
 
 Act 1590. gg 5,0 GENERAL LAWS. 780 
 
 The funds shall be withdrawn from said county treasury upon the warrant of the 
 board of trustees of such district signed by the president or acting president of the 
 board, and countersigned by its secretary. 
 
 Proposal of amount to be paid toward expenses by state, etc. Governing board anthor- 
 
 ized to make proposal. 
 
 $ 6. The board of trustees of such forest fire district, prior to its estimate of the 
 amount of money necessary for all pVirposes of the district for the ensuing fiscal year, 
 as hereinabove provided, may request from the governing board or body having juris- 
 diction and control over any forest, brush or grass lands within such district owned or 
 held for any purpose whatsoever by the state of California, or any county, city, town- 
 ship, municipal corporation, public corporation, or other political corporation or subdi- 
 vision of the state, a proposal or promise as to what amount, if any, the state of Cali- 
 fornia, or any county, city, townshijj, municipal corporation, public corporation or other 
 political corporation or subdivision of the state owning or holding such lands, will 
 agree to pay to such district towards its necessary expenses for the next ensuing fiscal 
 year, or such proposal may be for the next two ensuing fiscal years in the event that 
 such lands shall be under the conti'ol of the state of California, in consideration of 
 said district taking over the supervision and concurrent control, as hereinafter set forth, 
 of such lands so owned or held, only, however, in so far as is necessary or proper to 
 prevent or extinguish forest, brush or grass fires thereon or within such district, or 
 to protect persons or property from any injury, loss or damage resulting from any such 
 fire, and said governing body having jurisdiction and control over such lands is hereby 
 authorized and empowered, for the consideration aforesaid, to propose or promise, as 
 aforesaid, and so obligate the state of California or any county, city, township, munic- 
 ipal corporation, public corporation or other political corporation or subdivision of 
 the state owning or holding such lands respectively, to such district upon its board of 
 trustees accepting such proposal for such purpose, whereui^on such agreement shall be 
 duly executed in the form of a contract, and such district shall thereupon take over 
 the supervision and control of the prevention and extinguishing of forest, brush or 
 grass fires upon such lands in the manner aforesaid for the next ensuing fiscal year, 
 or for the life of such contract. 
 
 Annexation of territory. Petition. Proposition submitted to electors. If majority vote 
 favors, territory deemed added. Exclusion of land. Petition. Hearing. Notice. 
 When deemed excluded. 
 
 § 7. Any territory, incorporated or unincorporated, lying adjacent and contiguous to 
 said forest fire district, and within the same coxmty therewith, may be added and 
 annexed to such district, at any time, upon proceedings being had and taken as in this 
 act provided; and any territory, incorporated or unincorporated, lying within said dis- 
 trict, may be withdrawn and excluded therefrom upon proceedings being had and taken 
 as in this act provided. The board of trustees of such district upon receiving a written 
 petition containing a description of the new territory sought to be annexed to such 
 district, signed by the owners comprising more than one-half of the assessed value of 
 such territory as shown by the last county assessment roll, must thereupon submit to 
 the electors of the district and also to the electors residing in the territory sought to be 
 annexed, the proposition of whether such proposed territory shall be annexed and 
 added to such district. The proposition to be submitted to the electors at such election, 
 both within said district and within said territory so proposed to be annexed, shall be 
 as follows: "for annexation," or "against annexation," or words equivalent thereto. 
 Such election must be called and held, and notice thereof shall be published for at least 
 four weeks prior to such election in a newspaper printed and published in such district, 
 and also in a newsi)aper, if any, printed and i:)ublished in such territory so proposed
 
 I 
 
 fgt F0RE:STRY. Act 1590, § 8 
 
 to be annexed. The board of trustees, shall canvass, separately, the votes cast within 
 said district, and the votes cast within said territory so proposed to be annexed, and 
 if it shall appear from such canvass that a majority of all the ballots cast in such 
 district and a majority of all the ballots cast in such territory so proposed to 
 be annexed are in favor of annexation, the board of trustees shall certify such 
 fact to the secretary of state describing said property proposed to be annexed 
 and upon receipt of such last mentioned certificate, the secretary of state shall 
 thereupon issue his certificate reciting that the territory (describing the same) has been 
 annexed and added to the Tamalpais forest fire district and a copy of such certificate 
 of the secretary of state shall be transmitted to and filed with the county clerk of said 
 county in which such forest fire district is situated. From and after the date of such 
 cei'tificate the territory named therein shall be deemed added and annexed to and form 
 a part of said forest fire district, with all the rights, privileges and powers set forth 
 in this act and necessarily incident thereto. If the property so proposed to be annexed 
 is included within a municipality, consent to such annexation shall first be obtained 
 from the governing board of such municipality, and an authenticated copy of the 
 resolution or order of such board so consenting to such annexation, shall be attached to 
 the petition, and be made a part thereof. At any time after the organization of said 
 forest fire district, and the appointment of the board of trustees thereof, the owner or 
 owners of the record title to any land or lands within said district may file a petition 
 with the board of supervisors of the county praying that his or their lands be excluded 
 from the district; provided, that no petition shall be presented or received for the 
 exclusion of lands which, either by themselves, or together with other lands included in 
 the same petition, do not lie adjacent to the exterior boundaries of said forest fire 
 district. At its first regular meeting after the filing of such petition the board of 
 supervisors shall, by its order, set said petition for hearing, which hearing shall not 
 be more than forty days nor less than ten days from the date of its said order. 
 Notice of such hearing shall be mailed to the petitioners, and to the members of the 
 board of trustees of the forest fire district at least one week before the hearing. At 
 such hearing, or at any continuation thereof, the board of supervisors shall hear and 
 determine the facts urged for or against said petition, and shall make a finding deter- 
 mining whether or not the said lands petitioned to be withdrawn, or any part thereof, 
 shall be withdrawn from the district. In case such finding shall be in favor of exclud- 
 ing such lands, or any portion thereof from the district, the board of supervisors shall 
 make its order certifying such fact to the secretary of state, describing said i^roperty 
 proposed to be excluded by said findings, and upon receipt of such last mentioned cer- 
 tificate, the secretary of state shall issue his certificate reciting that the territory 
 (describing the same) has been excluded from the Tamalpais forest fire district, and 
 a copy of such certificate of the secretary of state shall be transmitted to and filed with 
 the countj' clerk of the county of Marin. From and after the date of such certificate, 
 the territoi-y described therein shall be deemed excluded from said forest fire district. 
 
 Dissolution of district. 
 
 ^ 8. The district may at any time be dissolved upon the vote of two-thirds of the 
 qualified electors thereof, upon an election called either by its board of trustees or by 
 petition signed by twenty-five per cent of the registered voters within the district upon 
 the question of dissolution, and the proposition which shall be submitted to the electors 
 at such election shall be as follows: "Shall the district be dissolved?" Such election 
 must be called and hold; and notice thereof shall be published for at least four weeks 
 prior to such election in a newspaper printed and published in such district. If two- 
 thirds of the votes at such election shall be in favor of the dissolution of the district, 
 the board of trustees shall certify such fact to the secretary of state, and upon receipt 
 of such last mentioned certificate, the secretary of state shall thereupon issue his cer-
 
 Act 1591 GKNKRAL I. AW -. TisS 
 
 tificate reciting that said forest fire district has been dissolved, and a copy of such 
 certificate of the secretary of state shall be transmitted to and filed with the county 
 clerk of said county in which such forest fire district is situated. From and after the 
 date of such certificate the district named therein shall be deemed dissolved, and 
 the property of the district shall thereupon vest in the county wherein said district is 
 situate, if the district at the time of its dissolution comprises unincorporated territory 
 alone, and if it comprises incorporated territory alone, or partly incorporated and partly 
 unincorporated territory, then in such event its property shall be ratably apportioned 
 amongst the several municipalities and the county in proportion to the assessed value 
 of the property included within said district as shown upon the last county assessment 
 roll; provided, however, that any real property, easements or rights of way belonging 
 to said district shall in such event remain the property of the municipality wherein the 
 same is situate, if situated within incorporated territory, othei-wise the same shall 
 remain the property of the county. 
 
 Publication of notices. Words defined. 
 
 § 9. Every notice herein required to be published may be published in a daily or 
 weekly or semiweekly newspaper; and if there is no daily, or weekly or semi weekly 
 newspaper published within the district or within a subdivision thereof or other terri- 
 tory -v^herein the same is required to be published, then such notice shall be posted for 
 the length of time herein required for the publication of the same in three public places 
 of such district or such subdivision thereof or such other territory as the case may be. 
 The term "municipality," as used in this act, shall include a city or town, and shall 
 be understood and so construed as to include, and is hereby declared to include, all 
 corporations heretofore organized and now existing, and those hereafter organized, for 
 municipal purposes. The word "district" shall apply, unless otherwise expressed or 
 used, to said forest fire district formed under the provisions of this act, and the word 
 "trustees," and the words "board of trustees," shall apply to the trustees and to the 
 board of trustees of such district. 
 
 Provision optional and permissive. 
 
 § 10. The provision herein contained for the entering into proposals and contracts 
 with said forest fire district by the state of California, or any county, city, township, 
 municipal corporation, public corporation or other political corporation or subdivision 
 of this state, is hereby declared to be optional and permissive and no further authority 
 of law shall be required for such proposals or contracts than that herein contained, and 
 no further authority of law shall be required than that contained in this act for the 
 levy of taxes by boards of supervisors for the purposes herein specified, and no further 
 authority shall be required by law for the bringing of actions in eminent domain, for 
 the acquiring by said forest fire district of rights of way for fire roads or trails, and 
 easements to cut timber, brush or grass thereon, and to maintain the same, than the 
 authority contained in this act. 
 
 Constitutionality. 
 
 § 11. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portion of this act. The legislature hereby declares that it would have passed 
 this act, and each section, subsection, sentence, clause and phrase thereof, irrespective 
 of the fact that any one or more other sections, subsections, sentences, clauses or phrases 
 be declared unconstitutional. 
 
 PREVENTION OF FOREST FIRES ON PUBLIC LANDS. 
 ACT 1591 — An act to prevent the destruction of forests by fire on public lands. 
 History: Approved February 13, 1872. Stats. 1871-72, p. 9G.
 
 7S9 FOllESTRY. Acts 1592, 1583, §§ 1, 2 
 
 CoBipnre. — Kerr's Cyc. Penal Code, § 384, 2. The act Implies that one may lawfully 
 
 and Act 152S. set a forest fire on his own lands and makes 
 
 1. The act relates to public lands, either it a misdemeanor to allow such fire to 
 
 state or United States, and relates to those spread, though "made for a lawful purpose." 
 
 who wilfully and deliberately set fire, etc. — Garnier V. Porter, 90 Cal. 105, 27 Pac. 55. 
 — Galvin v. Gualala Mill Co., 98 Cal. 268, 33 
 Pac. 93. 
 
 FIGHTING FOREST FIRES IN SAN ANTONIO CANYON. 
 
 ACT 1592 — An act to provide for the fighting of forest fires in the San Antonio canyon 
 
 in the San Gabriel mountains, California, and to make an appropriation therefor. 
 
 History: Approved June 11, 1915. In effect August 10, 1915. Stats. 
 1915, p. 1452. 
 
 Appropriation: fighting forest fires. 
 
 $ 1. Out of any money in the state treasury not otherwise appropriated, there is 
 hereby appropriated annually the sum of fifteen hundred dollars, during the sixty- 
 seventh and sixty-eighth fiscal years, which money shall be used and expended for the 
 purpose of preventing and extinguishing forest fires and the constructing and main- 
 taining of fire trails and firebreaks in the San Antonio canyon in the San Gabriel 
 mountains, California, and the canyons adjacent thereto. 
 
 Certain contracts authorized. 
 
 5 2. The state board of control is hereby authorized and empowered to enter into a 
 contract or contracts with the San Antonio Fruit Exchange, a corporation organized 
 and existing under and by virtue of the laws of the state of California, for the purpose 
 of protecting said San Antonio canyon from devastation by fire; provided, however, 
 that the expenditures for such purposes shall not be in excess of the amount or amounts 
 expended by the said San Antonio Fruit Exchange, the San Antonio Water Company 
 and the county of San Bernardino, in collaboration with the specific work named above; 
 and provided, further, that in the event that the said San Antonio Fruit Exchange, the 
 San Antonio Water Company and the county of San Bernardino do not contribute an 
 amount equal to the appropriation hereby made for the purposes hereinbefore specified, 
 the state board of control shall not have power to enter into such contract or contracts 
 with the said San Antonio Fruit Exchange for the expenditure of the said money. 
 
 FIGHTING FOREST FIRES IN SAN DIMAS CANYON. 
 
 ACT 1593 — An act to provide for the fighting of forest fires in the San Dimas canyon 
 
 in the San Gabriel mountains. California, and to make an appropriation thetefor. 
 
 History: Approved May 14, 1917. In effect July 27, 1917. Stats. 
 1917, p. 476. 
 
 Appropriation: prevention of forest fires in San Dimas canyon. 
 
 § 1. Out of any money in the state treasury not otherwise appropriated, there is 
 hereby appropriated annually the sum of eight hundred dollars, during the sixty-ninth 
 and seventieth fiscal years, which money shall be used and expended for the purpose 
 of preventing and extinguishing forest fires and the constructing and maintaining of 
 fire trails and firebreaks in the San Dimas canyon in the San Gabriel mountains, Cali- 
 fornia, and the canyons adjacent therto. 
 
 Contract with San Dimas Fruit Exchange. 
 
 § 2. The state board of control is hereby authorized and empowered to enter into a 
 contract or contracts with the San Dimas Fruit Exchange, a coi-poration organized and 
 existing under and by virtue of the laws of the state of California, for the purpose of 
 protecting said San Dimas canyon from devastation by fire; provided, however, that the 
 expenditures for such purposes shall not be in excess of the amount or amounts 
 expended by the said San Dimas Fruit Exchange; and provided, further, that in the
 
 Act 1594, §§ 1, 3 GENERAL LAWS. TOO 
 
 • 
 
 event that the said San Dimas Fruit Exchange, the San Antonio "Water Company and 
 the county of Los Angeles do not contribute an amount equal to the appropriation 
 hereby made for the purposes hereinbefore specified, the state board of control shall 
 not have power to enter into such contract or contracts with the said San Dimas Fruit 
 Exchange for the expenditure of the said money. 
 
 PREVENTION OF FOREST FIRES IN SAN ANTONIO CANYON. 
 ACT 1594 — An act to provide for the prevention of forest fires in the San Antonio 
 canyon in the San Gabriel mountains, CaUfomia, and to make an appropriation 
 therefor. 
 
 History: Approved May 22, 1919. In effect July 22, 1919, Stats. 
 1919, p. 818. Prior act of May 14, 1917, Stats. 1917, p. 526, identical in 
 all respects, except as to amount of appropriation, with present act. 
 
 Appropriation: prevention of forest fires in San Antonio canyon. 
 
 ^ 1, Out of any money in the state treasury not otherwise appropriated, there is 
 hereby appropriated the sum of five thousand dollars, during the seventj'-first and 
 seventy-second fiscal years, which money shall be used and expended for the pui'pose 
 of preventing forest fires, and the construction and maintenance of fire trails and fire- 
 breaks in the San Antonio canyon in the San Gabriel mountains, California, and the 
 canyons adjacent thereto. 
 
 Contracts for purposes of protection. 
 
 § 2. The state board of control is hereby authorized and empowered to enter into a 
 contract or contracts with the San Antonio Fruit Exchange, a corporation organized 
 and existing under and by virtue of the laws of the state of California, for the purpose ■ 
 of protecting San Antonio canyon from devastation by fire; provided, however, that the 
 expenditures for such purposes shall not be in excess of the amount expended by the 
 said San Antonio Fruit Exchange, the San Antonio Water Company, and the counties 
 of San Bernardino and Los Angeles, in collaboration with the specific work named 
 above; provided, further, that in the event that the said San Antonio Fruit Exchange, 
 San Antonio Water Company, the county of San Bernardino or the county of Los 
 Angeles do not contribute an amount equal to the appropriation hereby made for the 
 purposes hereinbefore specified, the state board of control shall not have power to enter 
 into such contract or contracts with the said San Antonio Fruit Exchange for such 
 expenditure of said money, 
 
 rORT BRAGG. 
 See Act 3094, note. 
 
 FORT JONES. 
 . See Act 3094, note. 
 
 rORTUNA. 
 
 See Act 3094, note. 
 
 rOWLER. 
 See Act 3094, note.
 
 701 FRANCHISES. Act 1600, g§ 1-3 
 
 CHAPTER 123. 
 
 TRANCHISES. 
 
 References: Franchise tax, see Kerr's Cyc. Political Code, tits. "Board of Equalization"; 
 , "Taxation." 
 Franchises for particular purpose, see Kerr's Cyc. Civil Code, and Kerr's Cyc. 
 
 Political Code, particular title. 
 Horseless vehicles, franchises for, see Keri-'s Cyc. Civil Code, § 524; Kerr's Cyc. 
 
 Political Code, § 4047. 
 See, also, tit. "Motor Vehicles," Act 3014. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1600. Cancellation of Bonds to Secure Performance of Conditions Of. 
 
 1601. "Bkoughton Act." 
 
 1607. Railroads to Parks Beyond City Limits. 
 
 1608. Resettlement of Franchises. 
 
 CANCELLATION OF BONDS TO SECURE PERFORMANCE OF CONDITIONS OF. 
 
 ACT 1600 — An act providing for the cancellation of bonds given to secure the perform- 
 ance of the terms and conditions of franchises or privileges granted by the legislative 
 or other governing body of counties or municipalities, the release of the sureties on 
 such bonds, and the filing and acceptance of new bonds in lieu thereof. 
 History: Approved March 20, 1907, Stats. 1907, p. 747. 
 
 Bonds to secure conditions of franchises. Petition of sureties for release. New bonds, 
 
 conditions for. Corporation as surety. 
 
 $ 1. That in all cases where a bond or bonds have been given to secure the observ- 
 ance, fulfillment and performance of each and every term or condition, terms or condi- 
 tions, or any thereof, of a franchise or privilege granted by a board of supervisors, 
 board of trustees or common council, or other governing or legislative body of any 
 county, city and county, city or town within this state, the governing or legislative body 
 of such county, city and county, city or town may, upon the petition of the owner of 
 said franchise or privilege, or upon the petition of the sureties on said bond or bonds, 
 or upon the petition of any one or more of said sureties cancel and annul said bond or 
 bonds, and release the sureties thereon from any future liability, and accept and take in 
 lieu thereof a new bond or bonds to be ajiproved by the governing or legislative body of 
 such county, city and count}', city or town, in the same penal sum and containing the 
 same terms and conditions as the bond or bonds so canceled and annulled; which new 
 bond or bonds must be executed by the owner of said franchise or privilege and by 
 new sureties satisfactory to the governing or legislative body of such county, city and 
 county, city or town; provided, that any person, firm or corporation who acted as surety 
 on the old bond or bonds so canceled and annulled may act as surety on the new bond 
 or bonds, if the same be satisfactory to the governing or legislative body of such county, 
 city and county, city or town. 
 
 When old bond shall become annulled. 
 
 ^ 2, Immediately upon the acceptance by the governing or legislative body of such 
 county, city and county, city or town of any new bond or bonds, filed with the govern- 
 ing or legislative body of such county, city and county, city or town as herein provided 
 for, the old bond or bonds shall become canceled and annulled, and the sureties thereon 
 shall by such cancellation and annulment be released from any future liability on such 
 old bond or bonds, but such cancellation and annulment shall not release said sureties 
 fro'm any past liability; and thereafter the new bond or bonds, herein provided for, 
 shall lake the place of such old bond or bonds. 
 
 § 3. This act shall take effect immcdialelv.
 
 /kc-t 1601, 89 1-3 GENERAL LAWS. fOa 
 
 "BROUGHTON ACT." 
 ACT 1601 — An act providing for the sale of street railroad and other franchises in 
 counties and municipalities, and providing conditions for the granting of such fran- 
 chises by legislative or other governing bodies, and repealing conflicting acts. 
 
 History: Approved March 22, 1905, Stata. 1905, p. 777. Amended 
 March 3, 1909, Stats. 1909, p. 125; June 8, 1915. In effect August 8, 
 1915. Stats. 1915. p. 1300. Prior acts: Act of March 23, 1893, Stats. 
 1893, p. 288. Amended March 19, 1897, Stats. 1897, p. 176. Act ot 
 March 13, 1897, Stats. 1897, p. 135. Act of March 11, 1901, Stats. 1901, 
 p. 265. Amended March 6, 1903, Stats. 1903, p. 90. Act of February 
 24, 1893, Stats. 1893, p. 29. The act of 1893 was probably superseded 
 by the act of 1897, although it was amended six days after the enact- 
 ment of the latter. The act of 1897 was also probably superseded by 
 the act of 1901. The latter act was probably superseded by the 
 present, the "Broughton Act." The act of February 24, 1893, was an 
 act limiting the time for granting franchises. The code commissioner 
 says it was superseded by the act of 1901. In any event it can not be 
 doubted that the entire mass of legislation has finally crystalized In 
 the present act. 
 
 Street franchises granted on condition. 
 
 $ 1. Every franchise or privilege to erect or lay telegi-aph or telephone wires, to 
 construct or operate street or interurban railroads upon any public street or highway, 
 to lay gas pipes for the purpose of carrying gas for light, heat or power, to erect poles 
 or wires for transmitting electricity for light, heat or power, along or upon any public 
 street or highway, or to exercise any other privilege whatever hereafter proposed to be 
 granted by boards of supervisors, boards of trustees or common councils, or other gov- 
 erning or legislative bodies of any county, city and county, city or town within this 
 state, except steam railroads and except telegraph or telephone lines doing an interstate 
 business, and renewals of franchises for piers, chutes or wharves, shall be granted upon 
 the conditions in this act provided, and not otherwise. The grantor may, however, in 
 such franchise impose such other and additional terms and conditions not in conflict 
 herewith, whether governmental or contractual in character, as in the judgment of the 
 legislative body thereof are to the public interest. [Amendment of June 8, 1915. In 
 effect August 8, 1915. Stats. 1915, p. 1300.] 
 
 Franchise, advertisement of application for. 
 
 ^ 2. An applicant for any franchise or privilege above mentioned shall file with the 
 governing or legislative body of the county or municipality an application, and there- 
 upon said governing body shall, in its discretion, advertise the fact of said application, 
 together with a statement that it is proposed to grant the same, in one or more news- 
 papers of the county, city and county, city or town wherein the said franchise or privi- 
 lege is to be exercised. Said advertisement must state that bids will be received f<^^ 
 such franchise, and that it will be awarded to the highest bidder, and the same must 
 be published in such newspaper once a day for ten successive days, or as often during 
 said period as said paper is published, if it be a daily newspaper, and if there be no 
 daily newspaper published in such county, city and county, city or town, then it shall 
 be published in a weekly newspaper once a week for four successive weeks, and in 
 either case the full publication must be completed not less than twenty nor more than 
 thirty days before any further action can be taken thereon. [Amendment approved 
 March 3, 1909. Stats. 1909, p. 125.] 
 
 Publication must state character of and term for which it is granted. Percentage paid 
 
 when. Forfeited when. 
 
 § 3. The publication must state the character of the franchise or privilege proposed 
 to be granted, the term for which it is granted, and, if it be a street railroad, the route 
 to be traversed J that sealed bids therefor will be received up to a certain hour and day
 
 793 FRANCHISES. Act 1601, §§ 4, 5 
 
 named llierein, and that the successful bidder and his assigns must, during the life of 
 said franchise, paj' to the county or municipalit}' two per cent (2%) of the gross annual 
 receipts of the person, partnership or corporation to whom the franchise is awarded, 
 arising from its use, operation or possession. No percentage shall be paid for the first 
 [five] (5) years succeeding the date of the franchise, but thereafter such percentage 
 shall be payable annually; and in the event said payment is not made, said franchise 
 shall be forfeited; provided, further, that if the franchise be a renewal of a right 
 already in existence, the payment of said percentage of gross receipts shall begin at 
 once. 
 
 When an extension granted. 
 
 § 4. In case the franchise granted shall be an extension of an existing system of 
 street railroad, then the gross receipts shall be estimated to be one-half of the propor- 
 tion of the total gross receipts of said system which the mileage of such extension bears 
 to the total mileage of the whole system, and said estimate shall be conclusive as to 
 the amount of the gross receipts of said extension. 
 
 Sold to highest bidder. Highest bid may be increased. Check and deposit. Deposit 
 
 of balance. Readvortised, when. 
 
 § 5. Said advertisement shall also contain a statement that the said franchise will 
 be struck off, sold and awarded to the person, firm or corporation who shall make the 
 highest cash bid therefor; provided, only, that at the time of the opening of said bids 
 any responsible person, firm or corporation present or represented may bid for said 
 franchise or privilege, a sura not less than ten per cent above the highest sealed bid 
 therefor, and said bid so made may be raised not less than ten per cent by any other 
 responsible bidder, and said bidding may so continue until finally said franchise shall 
 be struck off, sold, and awarded by said governing body to the highest bidder therefor 
 in gold coin of the United States. Each sealed bid shall be accompanied with cash or 
 a certified check, payable to the treasurer of such county or municipality, for the full 
 amount of said bid, and no sealed bid shall be considered unless said cash or check is 
 enclosed therewith and the successful bidder shall dej^osit, at least ten per cent of the 
 amount of his bid with the clerk of such county or municipality before the franchise 
 shall be struck off to him. And if he shall fail to make such deposit immediately, then 
 and in that case, his bid shall not be received, and shall be considered as void, and the 
 said franchise shall then and there be again offered for sale to the bidder who shall 
 make the highest cash bid therefor, subject to the same conditions as to deposit, as 
 above mentioned. Said procedure shall be had until said franchise is struck off, sold, 
 and awarded to a bidder who shall make the necessary deposit of at least ten per cent 
 of the amount of his bid therefor, as herein provided. Said successful bidder shall 
 deposit with the clerk of such county or municipality, within twenty-four hours of the 
 acceptance of his bid, the remaining ninety per cent of the amount thereof, and in case 
 he or it shall fail to do so, then the said deposit theretofore made, shall be forfeited, 
 and the said award of said franchise shall be void, and the said franchise shall then 
 and there, by said governing body, be again offered for sale to the highest bidder there- 
 for, in the same manner, and under the same restriction as hereinbefore provided, and 
 in case said bidder shall fail to deposit with the clerk of such county or municipality, 
 the remaining ninety per cent of his bid, within twenty-four hours after its aecejitance, 
 the award to him of said franchise shall be set aside, and the deposit theretofore made 
 by him shall be forfeited, and no further proceedings for a sale of said franchise shall 
 be had unless the same shall be rcadvertised and again offered for sale, in the manner 
 hereinbefore provided.
 
 Act 1601, §g 6-10 GENERAL. L,A^V8. 794 
 
 Commencement of work. Franchise forfeited. 
 
 $ 6. Work to erect or lay telegraph or telei^hone wires, to construct street or inter- 
 urban railroads, to lay gas pipes for the purpose of carrying gas for light, heat or 
 power, to erect poles or wires for transmitting electricity for light, heat or power along 
 or upon any public street or highway, or to exercise any other privilege whatever, 
 a franchise for which shall have been granted in accordance with the terms of this 
 act, shall be commenced in good faith within not more than four months from the 
 granting of any such franchise, and if not so commenced within said time said franchise 
 so granted shall be declared forfeited, and work to construct street or interurban 
 railroads under any such franchise shall be completed within not more than three years 
 from the granting of such franchise, and if not so completed within said time such 
 franchise so granted shall be forfeited; provided, that for good cause shown, the 
 governing or legislative body may by resolution extend, the time for completion thereof, 
 not exceeding three months. Work under any franchise other than for a street or 
 interurban railroad shall be prosecuted diligently and in good faith so as to meet and 
 till the reasonable needs of the inhabitants of the territory for the service of which the 
 franchise is granted. [Amendment of June 8, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1301.] 
 
 Bond of successful bidder. When and where filed. Failure to file. 
 
 § 7. The successful bidder for any franchise or privilege struck off, sold, and 
 awarded under this act shall file a bond running to said county, city and county, or 
 city or town, with, at least, two good and sufficient sureties, to be approved by such 
 governing bodj', in a penal sum by it to be prescribed, and set forth in the advertise- 
 ment for bids, conditioned that such bidder shall well and truly observe, fulfill and 
 perform each and every term and condition of such franchise, and that in case of any 
 breach of condition of such bond, the whole amount of the penal sum therein named 
 shall be taken and deemed to be liquidated damages, and shall be recoverable from 
 the principal and sureties upon said bond. Said bond shall be filed with such gov- 
 erning body within five days after such franchise is awarded, and upon the filing and 
 approval of such bond, the said franchise shall, by said governing or legislative body, 
 be granted by ordinance to the person, firm or corporation to whom it has been struck 
 off, sold, or awarded, and in case that said bond shall not be so filed, the award of 
 such franchise shall be set aside, and any money paid therefor shall be forfeited, 
 and said franchise shall, in the discretion of said governing or legislative body, be 
 readvertised, and again offered for sale in the same manner, and under the same 
 restrictions, as hereinbefore provided. 
 
 Duty of attorney general. 
 
 § 8. It shall be the duty of the attorney general, upon the complaint of any county 
 or municipality, or, in his discretion, upon the complaint of any taxpayer, to sue for 
 the forfeiture of any franchise jranted under the terms of this act, for the noncompli- 
 ance with any condition thCiOof. 
 
 Certain clauses and conditions to be omitted. 
 
 § 9. No clause or condition of any kind shall be inserted in any franchise or grant 
 offered or sold under the terms of this act, which shall directly or indirectly restrict 
 free and open competition in bidding therefor, and no clause or provision shall be 
 inserted in any franchise offered for sale, which shall in any wise favor one person, 
 firm or corporation, as against another, in bidding for the purchase thereof. 
 
 Violation of act hy members of governing body. 
 
 § 10. Any member of any common council or other governing or legislative body 
 of any couutj-^, city and county, city or town of this state, who, by his vote, violates 
 
 i
 
 703 
 
 FRANCHISES. 
 
 Act 1601, § 11 
 
 or attempts to violate the provisions of this act, or any of them, shall be guilty of a 
 misdemeanor, and may be punished therefor, as provided by law, and may be deprived 
 of his oflSce by the decree of a court of competent jurisdiction, after trial and conviction. 
 
 Conflicting acts repealed. Certain acts not repealed. 
 
 $11. All acts or parts of acts in conflict herewith are hereby repealed; provided, 
 however, that nothing herein contained shall be construed as repealing, or amending 
 the following acts, to wit: "An act relating to the granting by the counties and munici- 
 palities of franchise for the construction of paths and roads for the use of bicycles and 
 other horseless vehicles," approved March twenty-seventh, eighteen hundred and 
 ninety-seven; "An act to authorize cities and towns to grant franchises for the con- 
 struction and maintenance of railroads beyond the limits of such cities and towns lead- 
 ing to public parks owned thereby," being chapter forty of the laws of eighteen 
 hundred and ninety-seven of the state of California. 
 
 This act shall take effect immediately. 
 
 The amending act of 1915 contained the following section: 
 
 ^ 3. Nothing in this act contained shall affect any franchise or the conditions 
 thereof heretofore granted under the terms of the act of which this is amendatory. 
 
 1. The code commissioneTs say of the act 
 
 of 1901: "Repealed and superseded by 1905, 
 pp. 777, 780. — See City of Los Angeles v. 
 Davidson, 32 Cal. Dec." [150 Cal. 59, 88 
 Pac. 42]. 
 
 2. Act of 1897 superseded. — The act of 
 1897 superseded the act of 1893. — Horton v. 
 Los Angreles, 119 Cal. 602, 52 Pac. 956. 
 
 3. Act of 1S93 not repealed by county 
 government act. — The act of 1893 was not 
 repealed by subdivision 40 of section 25 of 
 the county government act, which went into 
 effect the day after, as to granting of fran- 
 chises by the boards of supervisors of 
 counties. — Thompson v. Board of Supervi- 
 sors, 111 Cal. 553, 44 Pac. 230. 
 
 4. Section 536, Civil Code, repealed by act 
 of 1895. — The act of 1905 (franchise act) re- 
 peals by necessary implication section 536, 
 Civil Code, so far as the franchises of tele- 
 graph and telephone companies are con- 
 cerned. — Sunset, etc., Co. v. City of Pomona, 
 164 Cal. 561. 
 
 4a. Same. — The franchise act had the 
 effect of repealing section 536, Civil Code, 
 except as to telegraph and telephone lines 
 doing an interstate business and where a 
 telephone company had not taken advan- 
 tage of the grant under that section prior 
 to the passage of the act, it had no right, 
 by virtue of said section, to maintain poles 
 and wires in the streets of a city of the 
 fifth class except upon the conditions and 
 subject to the regulations prescribed by 
 the municipality. — Pomona v. Sunset, etc., 
 Co.. 224 U. S. 330, 56 L. ed. 788. 32 Sup. Ct. 
 477. 
 
 5. Proceeding's functus officio when act 
 repealed. — Proceedings taken under the act 
 of 1893 after that act was superseded by the 
 act of 1897, would become functus officio 
 when the last-named act went Into effect, 
 and could not be completed under the new 
 act. — Horton v. Los Angeles, 119 Cal. 602, 
 62 Pac. 95R. 
 
 C. CoiisUliiliunalii} — THlc. — The title of 
 
 the act of 1893 is sufficiently broad to In- 
 clude the subject matter of the issuance 
 and sale of franchises by the boards of su- 
 pervisors of counties, notwithstanding coun- 
 ties are not, strictly speaking, municipal- 
 ities. — Thompson v. Board of Supervisors, 
 111 Cal. 553, 44 Pac. 230. 
 
 7. Same — Act of 1897 — Clause as to ex- 
 clusiveness of franchise. — The fact that the 
 grant of a franchise under the act of 1897 
 to supply a municipality with water, con- 
 tained a clause to the effect that it was not 
 to be construed as an exclusive franchise, 
 does not prevent such a grant from being 
 invalid for the reason of the unconstitu- 
 tionality of the act as an attempt to modify 
 the provisions of section 19, article XI, of 
 the constitution. — Town of St. Helena v. 
 Ewer, 26 Cal. App. 191, 146 Pac. 191. 
 
 See Clark v. Los Angeles, 160 Cal. 31, 116 
 Pac. 722. 
 
 8. Same — Same — Franchises for light and 
 v»-ater. — So far as the grant of franchises 
 for light or water was concerned the act of 
 1897 was unconstitutional, as a modification 
 of the provisions of section 19, article XI 
 of the constitution. — Pereiria v. Wallace, 
 129 Cal. 397, 62 Pac. 61; Town of St. Helena 
 v. Ewer, 26 Cal. App. 191, 146 Pac. 191. 
 
 See, also. In re Johnston, 137 Cal. 115, 69 
 Pac. 973; In re Russell, 163 Cal. 668, Ann 
 Cas. 1914A, 152, 126 Pac. 875. 
 
 9. Same — Same — Constitutional provision 
 ninndntory. — The provisions of section 19, 
 article XI, of the constitution, are manda- 
 tory and prohibitory and exclude the right 
 of the municipality to award the privileges 
 referred to in the act of 1897, and said act 
 is unconstitutional. — Pereiria v. Wallace, 
 129 Cal. 397, 62 Pac. 61. 
 
 10. Same — l^se of prns for illumination 
 l»ut not for heating, under constitutional re- 
 striction. — While the same gas may be used 
 through the same mains and lat<^rals. the 
 use thereof for heating is a different and 
 distinct use from its use for illumination,
 
 Act lOUl 
 
 GENKRAI. LAWS. 
 
 7M 
 
 and section 19, article XI. of the constitu- 
 tion, protects only the latter use. — City of 
 llanford V. llunford. etc., Co., 169 Cal. 749, 
 750, L. R. A. 1915E. 165, 147 Pac. 969. 
 
 11, Same — Kleotric polos and wires. — An 
 ordinance of a municipality granting a 
 franchise to erect and maintain poles and 
 wires in the public streets of such city for 
 the distribution of electric light and power 
 throughout such city is, in view of section 
 19, article XI, of the constitution, Inopera- 
 tive as to the distribution of electricity for 
 lighting purposes, but valid as to power. — 
 Suisun City v. Pacific, etc., Co., 35 Cal. App. 
 380, 170 Pac. 1078. 
 
 lln. Same — Same. — An ordinance of Los 
 Angeles, fixing the telephone rates to be 
 charged by a telephone company, was held 
 not unconstitutional. — Home, etc., Co. v. 
 Los Angeles, 211 U. S. 265, 53 L. ed. 176, 29 
 Sup. Ct. Rep. 50. 
 
 12. Some — Federal court bound by state 
 deoiNion. — The rule that the federal courts 
 are bound by the construction given a state 
 statute by the highest court of the state, 
 has no application where a federal question 
 is involved, as where the statute impairs 
 the obligations of contracts. — Sunset, etc., 
 Co. v. City of Pomona, 164 Cal. 561. 
 
 1.1. Powers of local body — Street railroad 
 franchise can not extend l»eyond city limits. 
 — A franchise for a street railroad can only 
 be obtained through the action of the coun- 
 cil or governing body of the municipality, 
 and can not extend beyond the city limits, 
 and gives no authority for the operation of 
 such a railroad in more than one county. — 
 San Francisco, etc., Co. v. Scott, 142 Cal. 
 222, 75 Pac. 575. 
 
 See, also, Huntington v. Curry, 14 Cal. 
 App. 468, 112 Pac. 583. 
 
 14. Same — Same — Carriage of freight, 
 mail and express. — Under the Broughton 
 act a municipality may grant a franchise 
 for a street railway to carry passengers, 
 freight, mail and express. — Albany v. United 
 States, etc., Co., 38 Cal. App. 466, 176 Pac. 
 705. 
 
 ]r». Same — Same — Same — Citizen or resi- 
 dent only can ol>jcct to grant. — Only a citi- 
 zen or resident or property owner of the 
 city of Albany can raise the question of the 
 right of a street railway to carry freight, 
 express and mail in conjunction with pas- 
 senger service therein. — Albany v. United 
 States, etc., Co., 38 Cal. App. 466, 176 Pac. 
 705. 
 
 15a. Same — Street railTvny franchise- 
 Fixing rates. — The city of Los Angeles, by 
 an ordinance, had the power to grant a 
 franchise for a period of fifty years, under 
 the authority of the Broughton act, and by 
 granting such franchise it did not sur- 
 render its right to fix fares. — Home, etc., 
 Co. V. Los Angeles, 155 Fed. 554, 211 U. S. 
 265. 53 L. ed. 176, 29 Sup. Ct. Rep. 50. 
 
 Ifi. Same— Same — Special terms and regu- 
 lation.** may lie provided. — The city of Al- 
 bany in granting a franchise for a street 
 railway under the Broughton act, was em- 
 powered to provide special terms and regu- 
 lations for its construction and operation. 
 
 — Albany v. United States, etc., Co., 88 Cal. 
 App. 466, 176 Pac. 705. 
 
 17. Same — Same — Scope and etTect of 
 grant. — .\t the Instant of the grant under 
 the Broughton act of a franchise for a 
 street railway by the city of Albany to 
 E. A. Gowe, his heirs, successors and as- 
 signs, the franchise became an irrevocable 
 contract, and the property of Gowe, of 
 which he could not be divested, for the 
 period of four months, during which time 
 he was to commence work, and by his 
 activity In commencing work within that 
 period, he made a forfeiture at the end of 
 four months an impossibility, and secured 
 to himself, his heirs, successors and as- 
 signs, the absolute right to a tnne limit 
 of tliree years from the date of the grant 
 to complete work. — Albany v. United States, 
 etc., Co., 38 Cal. App. 466, 176 Pac. 705. 
 
 IS. Same — Same — Same. — The rights of 
 Gowe vested in his heirs and his estate, 
 upon his death, without completing the 
 work, and the work could have been com- 
 pleted by them, or by his legal represen- 
 tatives or bondsmen, and when they did 
 not do so, and elected not to do so, they are 
 bound by that election, and the franchise 
 was lost to them, but the liability on the 
 bond remains for the benefit of the city of 
 Albany as compensation for the damage it 
 has suffered. — Albany v. United States, etc., 
 Co., 38 Cal. App. 466, 176 Pac. 705. 
 
 ISa. Same — Street railway franchise — 
 Resale. — A street railway franchise can be 
 sold under the provisions of the act of 
 March 11, 1901, only in the event the high- 
 est bidder fails to file the bond required 
 under the act, and an order of the council 
 purporting to make such a sale is invalid, 
 confers no contract rights, and such order 
 does not impair the obligation of any con- 
 tract within the meaning of the contract 
 clause of the federal constitution. — Pacific 
 Electric Ry. Co. v. Los Angeles, 194 U. S. 
 112, 48 L. ed. 896, 24 Sup. Ct. Rep. 586. 
 
 ISb. Same — Same — Same. — The Brough- 
 ton act contemplates that the competitive 
 bidding should take place when the bids 
 were opened and before the franchise was 
 "struck off and sold," and the power of the 
 Los Angeles city council was limited, In a 
 case where the highest bidder failed to de- 
 posit the amount required by his bid, to 
 granting or refusing the franchise to the 
 next highest bidder, and the acceptance of 
 an oral bid thereafter was ultra vires and 
 created no valid contract. — Pacific Electric 
 Co. v. Los Angeles, 118 Fed. 746, 194 U. S. 
 112, 48 L. ed. 896, 24 Sup. Ct. Rep. 586. 
 
 19. Same — Di.sposal of garbage. — The 
 board of supervisors of the city and county 
 of San Francisco are authorized to provide 
 for the removal and disposition of garbage 
 and other materials which are or may be- 
 come nuisances, and they may do so by a 
 contract giving a single person the sole 
 and exclusive privilege for a term of years 
 of collecting and cremating such garbage. 
 — Sanitary, etc.. Works v. California, etc., 
 Co.. 94 F. 693. 
 
 10a. Same — Same. — The act (1893-288) 
 
 i
 
 TOT 
 
 FRANCHISES. 
 
 Act 1601 
 
 shows that the leg-lslature Intended that It 
 should embrace privileges as well as fran- 
 chises and under its authority the board of 
 supervisors of San Francisco had power to 
 enter into a contract giving to a single 
 company the privilege for fifty years of 
 collecting the garbage and refuse of the 
 city, and disposing of it. — California, etc., 
 Co. V. Sanitary, etc.. Works, 199 U. S. 30G, 
 50 L. ed. 204, 26 Sup. Ct. Rep. 100. 
 
 10b. Same — Gas -works permit — Arbitrary 
 restrictions — Void or<linance. — Where a per- 
 mit was granted under an ordinance fixing 
 the limits within which gas works might 
 be maintained, a second ordinance passed 
 two months after the passage of the first 
 ordinance, and after gas works were in 
 course of erection under the permit, was 
 held to be an arbitrary and discriminatory 
 exercise of the police power, amounting to 
 the taking of property without due process 
 of law, and an impairment of property 
 rights protected by the fourteenth amend- 
 ment to the federal constitution. — Dobbins 
 V. Los Angeles, 195 U. S. 223, 49 L. ed. 169, 
 25 Sup. Ct. Rep. 18. 
 
 20. Purpose of act. — The only purpose of 
 the act was to prevent the granting of the 
 franchise in any other manner than that 
 prescribed. — McGinnis v. Mayor, etc., 153 
 Cal. 711, 96 Pac. 367. 
 
 20a. Same. — Where an act provides that 
 franchises granted by a municipality "shall 
 be granted upon the conditions in this act 
 provided, and not otherwise," it becomes 
 imperative that the requirements of the act 
 should be strictly complied with, both as to 
 terms and the time and manner of pro- 
 cedure. — Pacific Electric Co. v. Los Angeles, 
 118 Fed. 746. 194 U. S. 112, 48 L. ed. 896, 24 
 Sup. Ct. Rep. 586. 
 
 21. Same. — The sole purpose of the act 
 is to prescribe the method and conditions 
 upon which the franchises included within 
 its terms might be granted by the legisla- 
 tive body authorized to make the grant. — 
 Sunset, etc., Co. v. Pasadena, 161 Cal. 265, 
 118 Pac. 796. 
 
 22. Effect of act. — The Broughton act 
 merely places restrictions upon the grant- 
 ing of franchises where the power to grant 
 r.'anchises exists otherwise. — Oro Electric 
 Corp. V. Railroad Commission, 169 Cal. 466, 
 482, 147 Pac. 118. 
 
 23. Ornut rests In discretion of board. — 
 The act vests the governing or other legis- 
 lative body of the county, city and county, 
 city, or town, with the sole power to deter- 
 mine, In the exercise of its discretion, 
 whether the franchise should be granted at 
 all, and It Is not compelled to take any 
 step in the direction of granting it, and 
 m.ay advertise or not "in its discretion." — 
 McGinnis v. Mayor, etc., 153 Cal. 711, 96 
 Pac. 367. 
 
 24. Action of board leg-islative. — The ac- 
 tion of the board in granting a franchise 
 under the act of 1893 is purely legislative, 
 not judicial, or quasi-judicial, and can not 
 be reviewed on certiorari. — People ex rel. 
 Dean v. Board of Supervisors, 122 Cal. 421, 
 55 Pac. 131. 
 
 25. Act applied — Pi^'ilege for disposal 
 
 of g-arbag-e. — The provisions of the act are 
 applicable to the sale of a franchise to 
 cremate and reduce the garbage of the 
 city of San Francisco. — Sanitary, etc.. 
 Works v. California, etc., Co., 94 Fed. 693. 
 2G. Same — Ferry. — The act of 1893 does 
 not apply to the grant of a franchise for a 
 ferry over a river between two counties. — 
 Pool V. Simmons, 134 Cal. 621, 66 Pac. 821. 
 
 27. Snme — ^Vbarf. — The act of 1893 au- 
 tliorizes the granting of a franchise to con- 
 struct and maintain a wharf.— People ex 
 rel. Dean v. Board of Supervisors, 122 Cal. 
 421, 55 Pac. 131. 
 
 28. Same— Competitive bidding, neces- 
 sity for. — The act only applies to the sale 
 of franchises where there can be competi- 
 tive bidding, and not a franchise for a 
 steam railroad for the extension of its 
 track through the streets of a city, en 
 route between its termini, where there can 
 be no bona fide competition. — People ex 
 rel. San Francisco, etc., Co. v. Craycroft, 
 111 Cal. 544, 44 Pac. 463. 
 
 See, also, Russ & Sons v. Crichton, 117 
 Cal. 695, 49 Pac. 1043. 
 
 2Sa. Same — Sale to highest bidder re- 
 quired. — Tlie act of 1893 requires franchises 
 sold thereunder to be sold to the highest 
 bidder, and such a requirement means sold 
 for cash, and the act can not be construed 
 to allow the consideration to be accepted 
 in any other commodity, at the discretion of 
 the board. — Thompson v. Board of Super- 
 visors, 111 Cal. 553, 44 Pac. 230. 
 
 2Sb. Same — Sale on agreement to pay 
 percentage. — The act of 1893 does not au- 
 thorize the franchise to be sold on an 
 agreement to pay a percentage of the gross 
 receipts, after completion and when in 
 operation. — Thompson v. Board of Super- 
 visors, 111 Cal. 553, 44 Pac. 230. 
 
 2.*). Same— Payment of two per cent of 
 gross annual income. — A public service gas 
 corporation exercising a franchise under 
 section 19, article XI, of the constitution, 
 prior to the 1911 amendment, and occupy- 
 ing tlie streets of the city with its mains 
 and laterals, by virtue thereof, became ob- 
 ligated to pay the city two per cent of its 
 gross annual receipts by accepting an ad- 
 ditional francliise for heat, light and power 
 from the city under the act of 1901 (265). — • 
 City of Hanford v. Hanford Gas & Power 
 Co., 169 Cal. 749, 750, L. R. A. 1915B, 165, 
 147 Pac. 969. 
 
 30. Act and ordinances applied together. 
 — The requirement of the 1903 amendment 
 to the act of 1901 that franchises shall be 
 granted by ordinance, is to be construed 
 with the charter requiring ordinances to be 
 approved by the mayor, or passed over his 
 veto; and such an ordinance vetoed by the 
 mayor, and not passed over his veto, does 
 not become effective. — City of Los Angeles 
 V. Davidson, 150 Cal. 59, 88 Pac. 42. 
 
 31. Public highways. — Tlie act can not 
 reasonably be construed as granting any 
 right in public highways. — Sunset, etc., Co. 
 V. Pasadena, 161 Cal. 265, 118 Pac. 719. 
 
 32. Same — Telegraph companies. — Th«
 
 Art* 1«07. lOOS 
 
 OBMKH M I V Wl. 
 
 fM 
 
 act of ronrr*sa ffrffntlns t«l*craph com* 
 panlra rtcHia of wny ov«r lh« public landa 
 and puat roada slvea no right to such cum- 
 panics to occupy Iha atrceta of a city with 
 lia poloa and wlr«a without tha consent of 
 auth rHy — Suniot. ate. Co. v. City of Po- 
 mona. 1(« Cal 6(1. 
 
 Sa. Smm*— Trlrsrapk ami trlrphimr nirra 
 
 •atf pnl**. — Tha fact that tha totophona 
 wtrra of a company amcnK^d In both talv 
 graph and telaphona bualnaaa. may ba uacd 
 for tha local dvllrery of tolrnraph maa- 
 HAKPS doai not make tham and Intricrnl part 
 of the telegraph lines ao aa to bring thrm 
 within the purview of tha act of rongresa 
 granting telegraph companlea righta of way 
 ovar tba public landa and poat roada.— 
 
 Sunaat. ato.. Co v City of Tomona. 1C4 Fed 
 «l 
 
 XI. >aMV— TrlrvlioBe roMvaay. — A tale- 
 
 phona company Is not witlitn tha rt -• "' 
 congreaa grnnllng telegraph con> 
 rlghla of way oyer public landa an i . 
 roads — Sunset, ate, Co. V. City of Pomona.- 
 l«l Fed 6<1. 
 
 Sla. Hmtrnf — llaaae, — A lelephona company 
 doing an Intrrstnia buslnaaa la not required 
 under the Hruughton act to obtain the con- 
 arni of a city for tha construction and 
 mnli>(rnanc« of Ita llnea In tha alreela, al- 
 though used both for local and Intrastate 
 bUKini-Kit, and for Interstala business. — tiun- 
 ael. etc. Co. V. £uraka. 17S Fad. Iti. 
 
 RAILROADS TO PARKS BEYOND CITY LIMITS. 
 ACT 1607— An ict to authorize cities and towns to grant franchises for the constrnc- 
 tion and maintenance of railroads beyond the limits of such cities or towns leading 
 to public parks owned thereby. 
 
 Hittory: Iloranie a law tindor cnnntitiitlnnal provisloD without goT« 
 ernor's approTal March 1. 1S97. Stats. 1897. p. 46. 
 
 City may grant railroad franchises outside city limits. Fare. 
 
 I 1. It shall bo lawful for the council, trustees, or othor povorninjf body of nny 
 city or town owning public parks situated outside of snid city or town, to grant fran 
 rhises for the building and operation of railroads from any point in, or at the exterior 
 boundary of sueh city or town, to. in, or through such park, in the same manner and 
 to the same extent as it now ha.s power to grant the same for street railroads within 
 the limits of such city or town; provided, that in addition to all other conditions, it 
 shall be made a condition of such franchise that the fare of passengers on su. li rond 
 or roads shall never exceed five cents for a single trip. 
 
 Oovermnent of railroads, sale of franchises, etc. 
 
 \ 2. All railnmds. except as otherwise provided in this act, authorired by this act 
 to be so chartered shall be governed by the provisions of part four, title four, of the 
 Ciril Code of California, concerning street railroads and corporations, so far as the 
 name shall be applicable thereto, and of all acts amendatory thereof. Also by the 
 provisions of "An act providing for the sale of railroad and other franchises in munici- 
 palities and relative to the granting of franchises," approved March twenty-third, 
 eighteen hundred and nincty-thre«. 
 
 RKSKTTLEMENT ACT. 
 ACT 1608 An act providing for the resettlement of franchise rights of and the grant- 
 ing of a resettlement franchise to any person. Arm or corporation actually engaged 
 in operating a street, suburban or interurban railroad in cities or cities and countil 
 having at the effective date of this act a freeholders' charter adopted under tl 
 provisions of section eight of article XI of the constitution of the state of Califor 
 which charter provides for the resettlement of franchi."e rights of and the granting 
 of resettlement franchises to any person, firm or corporation engaged in operating a 
 public ntility in such a municipality, and providing conditions for the granting of 
 such franchises by legislative or other governing bodies of such city or city and 
 
 county. 
 
 Hiatory: Approved May 22, 1!>17. In effect July 27, 1917. Stats. 
 1917. p. &20.
 
 mo FRANCHISES. Act 160S, §§ 1-5 
 
 Power of board of supervisors, etc., to provide for resettlement of franchise rights. 
 
 § 1. The board of supervisors, the board of trustees or common council, or other 
 governing or legislative body of any city or city and county having at the effective 
 date of this act a freeholders' charter adopted under the provisions of section eight 
 of article XI of the constitution of the state of California, and which charter provides 
 for the resettlement of and the granting of a resettlement franchise to any person, 
 firm or corporation engaged in operating a public utility in such city or city and county, 
 is hereby empowered to provide for a general resettlement of the franchise rights and 
 to grant a resettlement franchise to any person, firm or corporation actually engaged in 
 operating a street, suburban or interurban railroad in said city or city and county, upon 
 written application therefor, and upon such terms and conditions as are in this act 
 provided, and may, in such resettlement of any such franchise impose other and addi- 
 tional terms and conditions not in conflict herewith. 
 
 Franchise submitted to vote of electors. 
 
 § 2. Every such resettlement franchise which is granted shall be granted after such 
 publication and upon such notice as the governing or legislative body shall by resolu- 
 tion determine, or failing such determination after such publication and upon such 
 notice as is or shall be prescribed by law for the enactment of ordinances by such 
 governing or legislative body. After the final passage of such franchise, the same 
 shall be referred and submitted to the vote of the electors of the city or city and 
 county at the general or special election next ensuing not less than twenty days after 
 the final passage of such ordinance, or if no general or special election is to be held 
 in the city or city and county within a period of not less than twenty days and not more 
 than ninety days after such final passage, the said governing or legislative body may 
 call a special election for the purpose of submitting said ordinance to the electors as 
 aforesaid, said special election to be held not less than thirty days and not more than 
 sixty days after such final passage. No such resettlement franchise shall go into 
 effect until it shall have been so submitted to the electors of the city or city and 
 county and receive the approval of a majority of the electors voting thereon; and 
 provided, further, that such resettlement franchise shall not be effective unless accepted 
 in writing by the grantee of such resettlement franchise. 
 
 Rights conferred by franchise. 
 
 § 3. Every such resettlement franchise, permit or privilege shall confer upon the 
 grantee thereof the right to occupy the roads, streets, highways, avenues, boulevards, 
 lanes, alleys, courts, places, and pathways of the city or city and county, particularly 
 set out in the terms and conditions of such franchise, permit or privilege, for the pur- 
 pose of conducting, operating and maintaining thereon a street, suburban or inter- 
 urban railroad, subject always to the right of the city or cit}' and county to acquire and 
 possess the property of said grantee; provided, however, that said gfrantee shall pay 
 to the city or city and county such a percentage of the net revenue annually collected 
 from any and all sources under and by virtue of such franchise, permit or privilege, 
 as shall be fixed in such franchise. What constitutes such annual net revenue shall be 
 provided in such franchise. 
 
 New franchise may be part of resettlement franchise. 
 
 § 4. The legislative or governing body may in such resettlement franchise provide 
 that any new franchise granted to the holder of such resettlement franchise shall be 
 considered as part of such resettlement franchise. 
 
 Extension of franchise to annexed territory. 
 
 § 5. The legislative or governing body may in such resettlement franchise provide 
 that in case of consolidation or annexation to the city or city and county of any terri-
 
 Act 1608, §8 e, 7 GENERAI- LAAVS. 800 
 
 tory not now included in said city or city and county at the date said resettlemeii; 
 franchise is granted, any franchise to operate such street, suburban or interurban 
 railroad, or any part thereof, held or claimed by the holder of such resettlement fran- 
 chise in or for any portion of such consolidated or annexed territory shall thereupon bo 
 surrendered to the city or city and county, and that the rights and obligations of such 
 resettlement franchise shall thereupon automatically extend to such additional terri- 
 tory, and that a valuation for the purpose of iJublie acquisition of the properties used 
 and useful, or, in the discretion of the city or city and county, prospectively useful, 
 in the operation of such street, suburban or interurban railroad in the area so con- 
 solidated or annexed, and not included in the capital valuation already fixed in such 
 resettlement franchise shall be added to the capital account of such resettlement fran- 
 chise grantee at a valuation for the purpose of public acquisition fixed by the railroad 
 commission of the state of California, or its successors in interest, and otherwise 
 determined as provided in this act. 
 
 Grantee to surrender franchises owned. 
 
 § 6. Every resettlement franchise shall provide that the grantee thereof shall sur- 
 render the franchises or rights, owned or claimed by the grantee, to occupy such por- 
 tion of the roads, streets, highways, avenues, boulevards, lanes, alleys, courts, places 
 and pathways as it is proposed such street, suburban or interurban railroad shall 
 thereafter occupy under the provisions of such resettlement franchise, and that the 
 grantee shall accept in lieu thereof the rights and privileges granted by such resettle- 
 ment franchise as a franchise for the continued operation of such street, suburban or 
 interurban railroad within the limits of the city or eity and county or such portion 
 thereof as had theretofore been operated under the franchise or franchises surrendered. 
 
 Granted for indeterminate period. Purchase by city. Valuation by railroad commission. 
 § 7. Every such resettlement franchise, permit or privilege shall be granted for an 
 indeterminate period, subject always to the right of the city or city and county to 
 acquire and possess the property of the grantee. Everj' resettlement franchise shall 
 be granted upon the express condition that the city or city and county may, at a valua- 
 tion for the purpose of public acquisition, fixed and determined as hereinafter pro- 
 vided, either assume ownership by purchase, take over and possess the property used 
 and useful, or, in the discretion of the city or city and county prospectively useful, of 
 the franchise grantee, his or its successors or assigns, upon giving said grantee v/rltton 
 notice of its intention to purchase and take over said property, which written notice 
 shall be given only when authorized by ordinance of the legislative or governing body 
 of the city or city and county. The valuation for the purj^ose of public acquisition of 
 such property used and useful, or, in the discretion of the city or city and county, 
 prospectively useful, and owned by the grantee at the time application is made for 
 such resettlement franchise, permit or privilege, shall be fixed by the railroad com- 
 mission of the state of California, or its successors in interest. The valuation of such 
 property, as fixed by the railroad commission of the state of California, may be set 
 forth in said resettlement franchise, permit or privilege, in which case a readjustment 
 from time to time of this valuation by the addition of the cost of extensions and 
 betterments and by the deduction of the value of property sold or abandoned, and of 
 the amount of depreciation sustained by the property used or useful, or prospectively 
 useful, of the franchise grantee shall be made in such manner as may in said resettle- 
 ment franchise be provided. All expenses of such valuation by the railroad commission 
 of the state of California, or its successors in interest shall be paid by the city or city 
 and county to the railroad commission of the state of California, or its successors in 
 interest.
 
 801 FRANCHISISS. Act 1608. §§ 8-11 
 
 Value in excess ot amount paid not to be claimed. 
 
 $ 8. Said resettlement franchise shall provide that the grantee thereof, its suc- 
 cessors or assigns, shall never claim before any court or other public authority in any 
 proceeding of any character any value for said resettlement franchise, permit or priv- 
 ilege in excess of the amount originally paid for the same by the grantee thereof to 
 the public authority granting the same. 
 
 Amendment. 
 
 $ 9. Any resettlement franchise may be amended from time to time by ordinance 
 passed by the governing or legislative body of the city or city and county and ratified 
 by the electors of the city or city and county in the manner herein prescribed for 
 the passage of such resettlement franchise in the first instance, and not otherwise; 
 provided, that no such amendment shall be e:ffective unless accepted in writing by the 
 grantee of such resettlement franchise. 
 
 Exercise of police power. 
 
 § 10. The legislature hereby declares that this act is passed subject to the con- 
 tinued power of the state of California in the exercise of its police power or otherwise 
 through the instrumentality of the railroad commission of the state of California or 
 other agency to provide at any and all times for the supervision and regulation of 
 public utilities notwithstanding any franchise, permit or privilege or any provision 
 thereof granted under this act, or any part thereof. 
 
 Right of city to acquire property by right of eminent domain. 
 
 Nothing herein contained, nor any provision of any franchise granted hereunder 
 shall be deemed to prevent a city or city and county from acquiring at any time the 
 pi'operty of any public utility through the exercise of the right of eminent domain 
 under the then constitution and laws, and the legislature hereby declares it to be against 
 the policy of the state for any city or county to contract away, either for a term or in 
 perpetuity, the right to exercise the right of eminent domain in respect to any public 
 utility. 
 
 Constitutionality. 
 
 $ 11. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portions of the act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause, and phrase thereof, irre- 
 spective of the fact that any one or more sections, subsections, sentences, clauses or 
 phrases be declared unconstitutional. 
 
 FRAUDULENT CONVEYANCES. 
 See Kerr's Cyc. Civil Code, H 1227-1231, 1624, 3439-3442. 
 
 FREE LIBRARIES. 
 See tit. "Libraries." 
 
 FREEHOLDER CHARTERS. 
 See tits. "Elections"; "Municipal Corporations." 
 
 Gen. Laws — 51
 
 Acts 1629-1643 
 
 GENERAL LAWS. 
 
 fiO^ 
 
 CHAPTER 124. 
 FRESNO CITY. 
 
 COI^TENTS OF CHAPTER. 
 ACT 1629. Freeholders' Charter of Fresno. 
 
 FREEHOLDERS' 
 ACT 1629— Charter of city of Fresno. 
 
 CHARTER. 
 
 History : Voted for and ratified at a special election held October 19, 
 1899; adopted January 28, 1901, Stats. 1901, p. 832. Amendments voted 
 for and ratified at a special election held February 13, 1905; adopted 
 February 28, 1905, Stats. 1905, p. 1026. Originally incorporated in 1885 
 under t*te general law of 1883, as a city of the fifth class. . 
 
 1. Police court's a mnnlcipnl affair. — The 
 
 tffect of subdivision 1 of section &V2 of 
 article XI of the constitution was to make 
 the matter of pffUce courts a purely munici- 
 pal affair as tc any freeholder charter city 
 which subseqr-intly made provision in its 
 charter for svch court. — Graham v. Mayor, 
 etc., of Fresno, 151 Cal. 465, 91 Pac. 147. 
 
 2. Cliarter provi.sion as to verification of 
 claims. — The provision of the Fresno char- 
 ter requiring demands against the city to 
 be verified by the claimant, or some one for 
 him, having H knowledge of the facts, is 
 substantially complied with, where several 
 eep'.rate claii> s were presented together by 
 an issignee, md were verified by his at- 
 
 torney, having a knowledge of each claim. 
 — Madary v. City of Fresno, 20 Cal. App. 
 91, 128 Pac. 340. 
 
 3. Section 103, Code of Civil Procedure, 
 superseded by charter provision. — Section 
 103, Code of Civil Procedure, is Inconsistent 
 with and was superseded as to Fresno, bv 
 the freeholder charter provisions of that 
 city, establishing a police court, so far as 
 that section requires the city to maintain a 
 city justice's court at its own expense, pay- 
 ing the salary of the Justice and providing 
 a place to hold such court. — Graham v. 
 Mayor, etc., of Fresno, 151 Cal. 465, 91 Pac. 
 147. 
 
 CHAPTER 125. 
 
 FRESNO COUNTY. 
 
 References f Boundaries, see Kerr's Cyc. Political Code, § 3918, and see tit. "County 
 Boui7''1aries." 
 ClassifAation, see Kerr's Cyc. Political Code, § 4006. 
 County officers, compensation, duties, etc., see Kerr's Cyc. Political Code, §§ 400U, 
 
 It m^. 
 
 CONTENTS OF CHAPTER. 
 
 A'/f. 1638. CouNTT Courthouse and Hospital Improvement Bonds. 
 
 1642. Increase of Superior Judges. 
 
 1644. Issue op Bonds for the Construction op Boads and Bridges. 
 
 1649. Board op County Water Commissioners. 
 
 COURTHOUSE AND HOSPITAL IMPROVEMENT BONDS. 
 ^C^ 1638 — An act to provide funds and empower the hoard of supervisors of Fresno 
 county to improve the courthouse and county hospital grounds. 
 
 History: Approved March 7, 1878, Stats. 1877-78, p. 174. 
 
 This act authorized the issue of bonds cent and redeemable at any time lifter < 
 
 to the amount of $10,000, bearing 8 per issuance. 
 
 INCREASE OF SUPERIOR JUDGES. 
 ACT 1642 — An act to increase the numher of judges of the superior court of thft| 
 county of Fresno, and to provide for the appointment of an additional judge. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 283. Prior act of March 8, 1887, Stats. 1887, p. 57, increased 
 the number of judges from one to two; act of March 10, 1893, Stats. 
 1893, p. 125, increased the numl)er from two to three; act of March 26, 
 1895, Stats. 1895, p. 156, reduced the number from three to two. 
 
 I
 
 80« FRUIT. Acts 1G44-1652 
 
 Fresno county judges. 
 
 $ 1. The number of judges of the superior court of Fresno county is hereby increased 
 from two to three. 
 
 Appointment of one additional judge. Election. 
 
 $ 2. Within ninety days after the taking effect of this act, the governor shall 
 appoint one additional judge of the superior court of the county of Fresno, state of 
 California, who shall hold office until the first Monday after the first day of January, 
 A. D., one thousand nine hundred nineteen. At the general election to be held in 
 November, 1918, a judge of the superior court of said county shall be elected in said 
 county, who shall be the successor of the judge appointed hereunder, to hold office for 
 the term prescribed by the constitution and by law. 
 
 Salary. 
 
 $ 3. The salary of said additional judge shall be the same in amount, and shall be 
 paid at the same time and in the same manner as the salary of the other two judges 
 of the superior court of said county now authorized by law. 
 
 BONDS FOR THE CONSTRUCTION OF ROADS AND BRIDGES. 
 
 ACT 1644 — An act to authorize the board of supervisors of Fresno county to build 
 
 certain roads and bridges, and to issue bonds of said county for the construction 
 
 thereof, and to provide for the payment of the same. 
 
 History: Approved March 22, 1878, Stats. 1877-78, p. 395. 
 
 This act authorized the issuance of bonds and completion of certain wagon roads and 
 not exceeding $20,000, for the construction bridges. 
 
 BOARD OF COUNTY WATER COMMISSIONERS. 
 
 ACT 1649 — An act to create a board of water commissioners in Fresno county, and 
 
 to define their powers and duties. 
 
 History: Approved April 2, 1866, Stats. 1865-66, p. 777. Continued 
 5n force, Kerr's Cyc. Political Code, § 19. 
 
 Water commissionerH for Fresno, Tulare and Kern counties. — See tit. "Water Com* 
 nussion." 
 
 CHAPTER 126. 
 
 FRUIT. 
 
 References: See, generally, tits. "Adulteration"; "Foods"; "Horticulture"; "Marks and 
 Brands"; "State Commission Market"; "Viticulture." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1652. Standabd Fruit Act of 1915. 
 
 1654. "The Standard Apple Act of 1917." 
 
 1654a. Standard Fresh Fruit Packing Act of 1917. 
 
 1654b. Standard for Sulphur for Sulphuring Fruits and Foods. 
 
 1654c. Standard Fruit and Vegetable Act of 1919. 
 
 STANDARD FRUIT ACT OF 1915. 
 ACT 1652 — An act to establish a standard for the packing in the state of California 
 of the kinds of fresh fruits specified in this act, for sale or for transportation for 
 sale, for interstate and foreign shipment, and to prevent deception in the packing; 
 also to establish a system of inspection for the same. 
 
 History: Approved June 8, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1298. This act was partially superseded by the act of 1917. 
 See Act 1654a for comparison.
 
 Act !(»::, 88 1-8 OtlMJUAL LAWS. 804 
 
 Standard fruit pack. 
 
 ^ 1. There is hereby created and established a standard for the packing of fresh 
 fruits, for interstate and foreign shipment, of the kinds specified in this act. 
 
 § 2. Any box, basket, package or container of fresh fruit of the kinds si)ecified in 
 this act, which shall be packed and offered for sail or for transportation for sale, 
 shall be packed in accordance with the specifications herein made. 
 
 Free from insects. 
 
 $ 3. All deciduous fruits of the kinds specified in this act when packed shall be 
 practically free from insects and fungous diseases. 
 
 In bulk. 
 
 \^ 4. All fresh fmit of the kind specified in this act which shall be sold in bulk or 
 loose in the box without packing, shall be exempt from the provisions of this act. 
 
 Cherries. 
 
 § 5. All cherries packed in boxes or packages shall contain fruit of practically 
 uniform quality and maturity and one variety only, excepting that such boxes or pack- 
 ages may contain more than one variety if such fact be plainly stamped on the outside 
 of the box or package with the words "Mixed Varieties" with letters one-half inch 
 high. Each box or package shall be stamped on the outside with the minmum weight 
 of contents, and name of variety or varieties. 
 
 Paaches, etc 
 
 ^ 6. Peaches, apricots, pears, plums and prunes, shall be of practically uniform size, 
 quality and maturity. When packed in crates, packages or containers made up of two 
 or more sub-containers having sloping sides, for the purpose of ventilation of the 
 fruit therein, the fruit shall not vary in size more than ten per cent and no layer below 
 the top layer shall contain a greater numerical count than the top layer. Each box, 
 crate, package, container or sub-container shall be stamped upon the outside with the 
 minimum weight of its contents. Each box, crate, package or container, except sub- 
 containers, shall bear in plain letters the name of the variety contained therein. When 
 packed in a box, package or container having perpendicular sides and ends, each box 
 shall contain approximately the same numerical count in each layer; provided, that 
 when peaches are packed in boxes, packages or containers, having perpendicular sides 
 the box, package or container shall also be marked upon the outside of the end thereof 
 in plain figures with the approximate number of peaches in the box, which shall be 
 within four peaches of the true count. 
 
 Grapes. 
 
 $ 7. Grapes packed for table use shall be of uniform quality and maturity and 
 shall be well matured and show a sugar content of not less than seventeen per cent 
 Balling's scale, except Emperor, which shall show not less than sixteen per cent 
 Balling's scale. Each crate or other package and containers therein shall bear in 
 plain figures the minimum weight of contents. Each crate or package except sub- 
 containers shall be stamped in plain letters with the name of the variety. 
 
 Berries. 
 
 ^ 8. Berries shall be packed in uniform packages of dry quart containing an interior 
 capacity of 67.2 cubic inches, or dry pint containing an interior capacity of 33.6 cubic 
 inches and shall be reasonably uniform in size, quality and maturity throughout the 
 l^ackage or container.
 
 805 FRIIT. Act 1652, g§ 9-15 
 
 Cantaloupes. 
 
 $ 9. Cantaloupes sTiall be placed in standard crates 12 x 12 x 23^/2 inches contain- 
 ing forty-five cantaloupes of uniform size and maturity. Pony crates 11 x 11 x 23V2 
 inches containing forty-five contaloupes of uniform size and maturity. Jumbo crates 
 41/^ X 13^/2 X 23% inches containing twelve cantaloupes of uniform size and maturity 
 or containing fifteen cantaloupes of uniform size and maturity. 
 
 Name of orchard. 
 
 § 10. All boxes, crates, packages or containers deciduous fruits of the kinds speci- 
 fied in this act, except sub-containers, when packed and offered for sale, or for trans- 
 portation for sale, shall bear upon them in plain sight and plain letters on the outside 
 the name of the orchard, if any, and the name and post office address of the person, 
 firm, company, corporation or organization, who shall have first packed or authorized 
 the packing of the same, also the name of the locality where the fruit is grown. 
 
 Duty of county horticultural commissioners. 
 
 $ 11. In counties having a county horticultural commissioner it shall be his duty 
 (and the duty of his deputies) acting as inspectors, which office is hereby created, to 
 enforce the provisions of this act. Additional inspectors shall be appointed by the 
 county horticultural commissioner, upon petition of like nature and at the same pay as 
 provided in section twelve of this act; provided, that any county having and enforcing 
 a standard higher than the standard in this act shall be exempt from the provisions of 
 this act upon declaration to such effect by the state horticultural commissioner. 
 
 Appointment of inspectors. 
 
 $ 12. In a city and county or in counties having no county horticultural commis- 
 sioner, or deputy, it shall be the duty of the county board of supervisors, upon peti- 
 tion filed with them to appoint inspectors. Said petition shall be signed by at least 
 twenty-five bona fide fruit growers residing in that county, or city and county. The 
 inspectors shall receive for their services the sum of three and one-half dollars per 
 day to be paid monthly upon warrants drawn upon the county treasurer. Upon the 
 petition of twenty-five resident freeholders who are fruit growers or shippers of fruit, 
 the county horticultural commissioner, or board of supervisors, where there is no 
 county horticultural commission, shall immediately remove said inspector for neglect 
 of duty, malfeasance in office, or general unfitness for office. In case of such removal 
 the office shall immediately be filled. 
 
 Penalty. 
 
 $ 13. Any person, firm, company, corporation, or organization, who shall knowingly 
 pack, or cause to be packed, fruit of the kinds specified herein, in boxes, crates, pack- 
 ages, containers, or sub-containers, to be offered for sale or for transportation for 
 sale, in willful violation of this act, shall be guilty of a misdemeanor. 
 
 $ 14. All laws in conflict with this act or any part thereof are hereby repealed. 
 
 Constitutionality. 
 
 § 15. If any section, sub-section, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional such decision shall^not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, sub-section, sentence, clause and phrase thereof, 
 irrespective of the fact that any one or more other sections, sub-sections, sentences, 
 clauses or phrases be declared unconstitutional.
 
 Act 1654, gg 1, a GENERAL LAWS. 800 
 
 ''THE STANDARD APPLE ACT OF 1917." 
 ACT 1654 — An act to establish standards for the packing and marketing of apples, 
 forbidding the sale of certain infected and diseased apples, providing for its enforce- 
 ment, fixing penalties for its violation, and making an appropriation to carry into 
 effect the provisions thereof, and repealing an act entitled "An act to establish a 
 standard for the packing and marketing of apples, fixing penalties for the violation 
 of its provisions, and providing for its enforcement and making an appropriation to 
 carry into effect the provisions hereof," approved June 10, 1915. 
 
 History: Approved May 7, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 285. Amended April 30, 1919. In effect July 20, 1919. Stats. 1919, 
 p. 258. Prior act of June 10, 1915, Stats. 1915, p. 1386, repealed by 
 present act. 
 
 Title. 
 
 § 1, This act shall be known, and for any and all purposes may be designated and 
 referred to, as **Tbe standard apple act of 1917." 
 
 Standard grades established. 
 
 § 2. The following standard grades and standard box are hereby established for 
 apples, packed, shipped, delivered for shipment, offered for sale or sold, in the state 
 of California: 
 
 ' ' California fancy. ' * 
 
 (a) The "California fancy" grade shall consist of apples of well-grown, properly 
 matured specimens of one variety, hand picked, with stems retained therein, either 
 in whole or in part, well colored and normally shaped for the variety and locality 
 where produced, uniform in size, well packed, and shall be free from pests, diseases, 
 visible rot, visible dry rot, visible Baldwin spot, insect bites, bruises and other defects, 
 except such bruises and defects as are necessarily caused in the operation of packing, 
 and virtually free from dirt; provided, however, that a variation from the said standard, 
 as to insect pests, diseases, dry rot, Baldwin spot, insect bites, bruises and other 
 defects, shall be allowed, not to exceed ten per cent total of such defects in any one 
 package, nor to exceed three per cent of any one such defect; and provided, further, 
 that a variation in size of the apples shall be allowed, not to exceed three-eights of one 
 inch when measured through widest portion of cross section thereof, and that no 
 apples less than two and one-fourth inches when measured in like manner, shall be 
 placed in "California fancy" grade except Lady and Winesap apples, when the 
 smallest size shall be not less than two inches when measured in like manner. 
 
 "B grade." 
 
 (b) The "B grade" shall consist of apples of well-grown, properly matured speci- 
 mens of one variety, hand picked, uniform in size, well packed, free from insect pests, 
 diseases, visible rot, visible dry rot, visible Baldwin spot, insect bites, sun scald and 
 frost bite more than skin deep, and bruises resulting in the breaking of the skin, and 
 virtually free from dirt; provided, however, that insect bites which have healed in the 
 process of maturity of the apple, and which do not cause serious deformity, and 
 slio-htly misshapen apples, shall be permitted in this grade, that a variation in size of 
 the apples shall be allowed, not t(f exceed three-eighths of one inch when measured 
 through widest portion of cross section thereof, and that a variation from the said 
 standard, as to insect pests, diseases, dry rot, Baldwin spots, bruises and other defects, 
 shall be allowed, not to exceed^ ten per cent total of such defects in any one package, 
 nor to exceed three per cent of any one such defect. 
 
 "0 grade." 
 
 (c) The **C grade" shall consist of apples of properly matured specimens of one 
 variety, free from insect pests, visible rot, visible dry rot, visible Baldwin spots and
 
 807 FRUIT. Act 1654, § 3 
 
 diseases; provided, however, that a variation from said standard as to insect pests, 
 dry rot, Baldwin spots and diseases, shall be allowed, not to exceed ten per cent total 
 of such defects in any one package, nor to exceed thi'ee per cent of any one such defect. 
 
 Standard container. 
 
 (d) The standard container shall be a box of the following dimensions, inside meas- 
 urements, when measured without distention of parts: Depth of end ten and one-half 
 inches; width of end eleven and one-half inches; length of box eighteen inches, and 
 having a cubical content of as nearly as possible two thousand one hundred seventy- 
 three and one-half cubic inches. 
 
 Use after July 1, 1920. 
 
 (e) On and after July 1, 1920, all packed apples, when shipped, offered for sale or 
 sold, shall be placed in the standai'd box herein described; provided, however, that 
 other size containers may be used if conspicuously marked in letters not less than 
 one-half inch high "irregular container." [Amendment of April 30, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 258.] 
 
 Labeling of container. 
 
 § 3. Every packed container of apples shipped, delivered for shipment, offered for 
 sale or sold, in the state of California, shall bear upon the outside thereof, and on the 
 end, the plain words or figures and in the English language, the following: The grade 
 of the apples therein contained, as herein defined, the designation of grade, when the 
 stamps hereinafter provided for are not used, being stated in letters not smaller than 
 thirty-six point type, that is, not less than one-half inch in height ; the number of apples 
 contained in the package, or the minimum net weight of the apples contained therein; 
 the variety of the apples contained in the package, unless the variety be unknown to 
 the packer, in which case the variety shall be stated as unknown; the name and busi- 
 ness address of the person, firm, company, organization or corporation, who first 
 packed or caused the same to be packed, and, if repacked, the name and business 
 address of the person, firm, company, organization or corporation who repacked the 
 same or caused same to be repacked; the date when such apples were first packed, or 
 if repacked, the date of repacking; provided, however, that a variation of five apples, 
 more or less than the number stated, shall be allowed. 
 
 Definitions. 
 
 (a) The term "packed," whenever used in this act, shall mean the regular, compact 
 arrangement of all or a part of the fruit in any container. 
 
 (b) The terms "three and one-half tier," "four tier," and "four and one-half 
 tier," whenever used as the designation of the size of apples sold or offered for sale, 
 shall have the following meanings, respectively, to wit: The term "three and one-half 
 tier" shall mean an apple larger in size than three and one-eight inches, when measured 
 through the widest cross section thereof; the term "four tier" shall mean an apple 
 larger in size than two and five-eighth inches but not larger than three and one- 
 eighth inches, when so measured; and the term "four and one-half tier" shall mean 
 an apple not smaller in size than two and one-fourth inches nor larger than two and 
 five eighth inches, when so measured. 
 
 (c) The term "cross-section," whenever used in this act, shall mean the section of 
 an apple taken at a right angle to a straight line drawn from the stem end to the 
 blossom end thereof. [Amendment of April 30, 1919. In effect July 22, 1919. Stata. 
 1919, p. 259.]
 
 Act 1654, §§ 4-7 GENEKAL LAWS. 608 
 
 Labeled apples must conform to standard. 
 
 $ 4. No person, firm, company, organization or corporation, shall sell or offer for 
 sale, within the state of California, any apples labeled, designated, invoiced or repre- 
 sented to be, of "California Fancy" or "B" or "C" grade, whether contained in 
 closed packages or otherwise, unless the same shall conform to the standard for such 
 grade herein established; provided, however, that nothing herein contained shall pre- 
 vent the grading of Gravenstein apples as "California Fancy," though the stems be 
 not retained therein. 
 
 Importation of infected apples forhidden. 
 
 § 5. No person, firm, company, organization or corporation, shall import into this 
 state, or sell, barter, offer for sale or have in his possession for sale, any apples infected 
 ►vith any insect pest or the pupae or larvae thereof or any disease; provided, however, 
 that this section shall not be construed to prevent a grower of fruit so infected in the 
 state of California from selling the same, as a part of his crop, in bulk, to a packer, or 
 lo prevent a grower or packer from manufacturing the same into an apple by-product, 
 or from selling the same to the operator of a by-product factory for the purpose of 
 Buch manufacture; and provided, further, that the provisions of this section shall be 
 construed to be limited by the variations allowed by the terms of section two of this 
 act. 
 
 False statements, etc. 
 
 § 6. No statement, figure, design or device, appearing upon any container in which 
 apples are sold, bartered, or offered for sale, or in which apples are packed for sale or 
 shipment, or upon the brand or lining of any such container, or upon the wrapper 
 of any apple therein contained, or upon any sign or placard used in connection there- 
 with and having reference to the apples contained, shall be false or misleading, in 
 any particular. The word "Fancy" shall not be used with reference to any apples 
 the grade of which does not conform to the standard for "California Fancy" as in 
 \his act defined. 
 
 Powers of state commissioner of horticulture. 
 
 § 7. The state commissioner of horticulture of California shall be charged with the 
 enforcement of the provisions of this act, and for that purpose shall have power: 
 
 (a) To enter and to inspect every place within the state of California where apples 
 are produced, packed, shipped, delivered for shipment, offered for sale or sold, and to 
 inspect such places and all apples and apple containers and equipment found in any 
 such place. 
 
 (b) To design, and cause to be printed or lithographed, suitable uniform stamps to 
 be used on packages containing apples of the various grades, standards for which are 
 established by the terms of this act, to sell the same as hereinafter provided, and to 
 prescribe the method of canceling the same. 
 
 (c) In accordance with the provisions of the civil service law of this state, to 
 appoint, superintend, control and discharge such chief inspectors and subordinate 
 inspectors as in his discretion may be deemed to be necessary, for the special purpose 
 of enforcing the terms of this act, to prescribe their duties, and, in conjunction with 
 the board of control, to fix their compensation, provided that no chief inspector shall 
 be paid more than seven dollars per day and no subordinate inspector more than five 
 dollars per day. 
 
 (d) Personally, or through any deputy or any such inspector, to seize and retain 
 possession of, any apples or apple boxes packed, shipped, delivered for shipment, 
 offered for sale or sold, in violation of any of the provisions of this act, 
 
 (e) In the name of the people of the state of California to cause to be instituted
 
 809 FRUIT. Act 1654, §§ 8-lS 
 
 and to prosecute, in the superior court of any county or city and county of the state 
 of California, in which apples packed, shipped, delivered for shipment, offered for 
 sale or sold, in violation of any of the provisions of this act, may be found, an action 
 or actions for the condemnation of apples as provided in section thirteen of this act. 
 
 Sale of stamps. 
 
 $ 8. The stamps designed and provided by the state commissioner of horticulture 
 of California as provided by section seven of this act, by him shall be placed on sale 
 and sold to any person who may apply therefor, at the price of one-half cent each. 
 All moneys received by him from the sale of such stamps shall be paid over to the 
 treasurer of the state of California, who shall deposit the same to the credit of a fund 
 to be used exclusively for the payment of the expenses of enforcing the provisions of 
 this act, and to be paid out only upon claims approved by the state commissioner of 
 horticulture of California and by the board of control. 
 
 Qualifications of inspectors. Powers. 
 
 $ 9. The inspectors appointed by the state commissioner of horticulture of Cali- 
 fornia, as in section seven hereof provided, shall be citizens of the United States, and 
 of the state of California, not less than twenty-one years of age, shall be skilled in the 
 inspection of apples, and have a thorough knowledge of insect pests and diseases com- 
 monly preying upon such fruit; they shall have power to enter and to inspect every 
 place within the state of California where apples are produced, packed, shipped, deliv- 
 ered for shipment, offered for sale or sold, and to inspect all such places and apples 
 and apple containers, found in any such place; and shall perform such other duties as 
 may be prescribed by the state commissioner of horticulture of California, or by law. 
 
 Assignment of inspectors. 
 
 The said commissioner shall assign such inspectors to such territory, within the state, 
 as he may see fit; provided, that when the stamps purchased for any year by packers 
 in any town, city or district, shall yield a sum of money sufficient to pay the expense 
 thereof, such commissioner shall assign one inspector or more for special duty in such 
 town, city or district, during the packing season of that year, or for a longer period, 
 if deemed to be necessary; and provided, further, that in the discretion of said hor- 
 ticultural commissioner, he may refuse to permit inspection of fruit at the place where 
 same is being packed if packed by any person, firm, company, organization or corpora- 
 tion who shall not make use of the stamps hereinabove provided for upon the packages 
 of "California Fancy," "B" and "C" grade apples packed by him or it. 
 
 Powers and duties of inspectors. 
 
 $ 9a. Every such inspector shall have power to enter and to inspect any place within 
 this state where any apples are produced, packed, shipped, delivered for shipment, 
 offered for sale or sold, and to inspect such places and all such apples and the containers 
 thereof and the equipment found in any such place. It shall be the duty of the inspec- 
 tors to enforce the provisions of this act and to cause the prosecution of any person, 
 company, firm, corporation or organization, whom he knoAvs or has reason to believe 
 to be guilty of the violation of any of its provisions. Every inspector, in the performance 
 of his duties, shall have the same powers possessed by peace officers under the laws of 
 the state of California. [New section added April 30, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 260.] 
 
 Repacking. 
 
 ^ 10. No container to or on which is attached any such stamp or on which shall 
 appear the designation of grade as "California Fancy," "B" grade or **C" grade, 
 shall be used as the container of any apples, other than those originally packed therein,
 
 Aft 1654, §§ 11-14 GENERAL LAWS. 810 
 
 until such stamp or grade designation has been removed; provided, that when apples 
 are repacked, without the addition of new stock, other than stock of the same grade and 
 from the same lot of which the package or packages repacked is or are a part, the same 
 containers may be used without removing the stamps or grade designations. 
 
 Eefusal to permit inspectors to enter. 
 
 ^ 11. No person, iirm, company, organization or corporation, shall refuse to permit 
 the state commissioner of horticulture of California, or any of his duly appointed depu- 
 ties, or any inspector duly appointed by said commissioner under the provisions of this 
 act, to enter or to inspect any place within the state of California where apples are 
 produced, packed, shipped, delivered for shipment, offered for sale or sold, or to inspect 
 such places, or any apples or apple containers or any equipment found there. 
 
 Penalty. 
 
 § 12. Any person, firm, company, organization or corporation, who shall violate any 
 of the provisions of this act shall be punishable by a fine of not less than fifty dollars 
 nor more than five hundred dollars, or by imprisonment in the county jail for a period 
 of not more than six months, or by both such fine and imprisonment. 
 
 Apples packed, shipped, etc., in violation of law, nuisance. 
 
 § 13. Any apples packed, shipped, delivered for shipment, offered for sale or sold, in 
 violation of any of the provisions of this act, and the containers in which they may be, 
 shall be deemed to be a public nuisance, may be seized by said commissioner of horti- 
 culture, or his deputy, or by any inspector appointed under the provisions of this act, 
 or by any county horticultural commissioner or his deputy, and by order of the superior 
 court of the county or city and county within which the same may be found, shall be 
 condemned and destroyed or released upon such conditions as the court in its discretion 
 may impose to insure that they will not be packed, shipped, delivered for shipment, 
 offered for sale or sold in violation of any of the provisions of this act. 
 
 Refusal to receive or ship. 
 
 § 13a. It shall be lawful for any person, firm, corporation or organization and for 
 any common carrier to refuse to accept for shipment or transportation and to refuse 
 to ship or transport any apples which upon inspection are found to be or to be packed 
 in violation of any of the provisions of this act, and any such person, firm, corporation, 
 organization or common carrier may reserve the right in any receipt, bill of lading or 
 other writing given to the consignor thereof, to reject for shipment and to return to 
 such consignor or to hold at the expense and risk of the latter all apples which upon 
 inspection are found to be or to be packed in violation of any of the provisions of this 
 act. [New section added AprU 30, 1919. In effect July 22, 1919. Stats. 1919, p. 260.] 
 
 Guaranty. 
 
 § 14. No person, firm, company, organization or corporation, shall be convicted of a 
 violation of any provision of this act, if he shall establish a guaranty, signed by the 
 person, firm, company, organization, or corporation, residing or lawfully engaged in 
 business in the state of California, by or for whom the apples in question were orig- 
 inally packed, or repacked, to the effect that the apples, container, brand and label in 
 question comply in all respects with the provisions of this act, and in addition, shall 
 establish that the same are in substantially the same condition, in every respect, as they 
 were when they were delivered out of the possession of such packer, and that the 
 accused was not aware that such apples, container, brand or label, were or was in any 
 respect in violation of any provision of this act. The signature to such guaranty may 
 be printed, when done by the authority of the signer. To afford protection, such 
 guaranty, in form and substance, must be substantially as follows: 
 
 i
 
 Sii FRUIT. Act 1654, §g 15-19 
 
 Form of guaranty. 
 
 "The undersigned guarantees that (this box or other package of apples or the boxes 
 or other packages of apples mentioned in this, or the attached invoice, or all boxes or 
 other packages of apples packed or repacked by the undersigned), comply, in all 
 respects with the standard apple act of 1917. (Signature of the packer, with statement 
 as to whether packer is firm, company, organization or corporation and business 
 address.) " 
 
 Where the guaranty is used on each separate box, it may consist of the legend, 
 "guaranteed by the packer, under the standard apples act of 1917," printed, stamped 
 or written on the labeled or branded end of the package. 
 
 Duty of district attorney. 
 
 § 15. It shall be the duty of the district attorney of the county, or city and county, 
 in which any violation of this act may occur, to prosecute the person, firm, company, 
 organization or corporation accused of such violation, and also, at the request of the 
 state commissioner of horticulture, or any one of his deputies, to institute and prosecute 
 such actions for condemnation as may be authorized under the provisions of this act. 
 
 Effect on foods and liquors act. 
 
 ^ 16. No act which is made unlawful by any provision of an act of the legislature of 
 the state of California, entitled, "An act for preventing the manufacture, sale or trans- 
 portation of adulterated, mislabeled or misbranded foods and liquors and regulating 
 the traffic therein, providing penalties, establishing a state laboratory for foods, liquors 
 and drugs and making an appropriation therefor," approved March 11, 1907, or any 
 amendment thereto, shall be deemed lawful by reason of any provision of this act; nor 
 shall this act be construed in any respect to limit the powers of the state board of 
 health. 
 
 Appropriation. 
 
 $ 17. The sum of five thousand dollars ($5,000) is hereby appropriated out of any 
 money in the state treasury, not otherwise appropriated for the payment of the cost of 
 printing, lithographing, stationery, stamps, clerical assistance, traveling expenses and 
 salaries of inspectors and office rentals, incurred by the state commissioner of horticul- 
 ture in the enforcement of this act during the fiscal years commencing July 1, 1917, and 
 July 1, 1918, respectively. The state controller is hereby authorized to draw his war- 
 rants for the sum herein appropriated in favor of said commissioner and the state 
 treasurer is hereby directed to pay the same. 
 
 C onstitutionality . 
 
 $ 18. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause and phrase thereof, irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses 
 or phrases be declared unconstiltitional. 
 
 Stats. 1915, p. 1386, repealed. 
 
 $ 19. An act entitled "An act to establish a standard for the packing and marketing 
 of apples, fixing penalties for the violation of its provisions, and providing for its 
 enforcement and making an appropriation to carry into effect the provisions hereof," 
 approved June 10, 1915, is hereby repealed. 
 
 The amending act of 1919 contained the following: 
 
 Constitutionality. 
 
 $ 5. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional such decision shall not affect the validity of the
 
 Act 10r.l«. 8S 1-5 fJKMOKAI. I-AWS. 812 
 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause and phrase thereof, irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses 
 or phrases be declared unconstitutional. 
 
 STANDARD FRESH FRUTT PACKIXG ACT OF 1917. 
 
 ACT 1654a — An act to promote the development of the California fresh fruit industry 
 
 in state and interstate markets, and to protect the state's reputation in these markets 
 
 by establishing a standard for the packing of certain fresh fruits specified therein, 
 
 and to prevent deception in the packing, prescribing penalties for violation of the 
 
 provisions hereof, and repealing all acts inconsistent herewith. 
 
 History: Approved May 24, 1917. In effect July 27, 1917. Stats. 
 1917, p. 909. 
 
 Standard for packing fresh fruits. 
 
 ^ 1. To promote tne deveioprnent of the California fresh fruit industry and to 
 prevent deception in packing for state or interstate shipment, there is hereby created 
 and established a "standard" for the packing of fresh fruits of the kinds specified 
 in this act. 
 
 Application. 
 
 $ 2. Unless specifically excepted in this net, all of its provisions shall he applicable 
 to all fresh fi-uits specified herein when packed, shipped, delivered for shipment, offered 
 for sale or sold in any container or subcontainer. 
 
 Free from diseases. 
 
 ^ 3. All fresh fruits of the kinds specified in this act when packed shall be practi- 
 cally free from insects and fungous diseases. 
 
 Fruits exempt. 
 
 § 4. All fresh fruits of the kind specified in this act, except citrus fruits, which shall 
 be sold in bulk or loose in the box or in any other manner, excepting in standardized 
 packs as provided in this act (excepting grapes, which must conform to the sugar 
 standards provided in section eight a hereof), shall be exempt from the provisions 
 of this act. 
 
 Words defined. 
 
 § 5. When used in this act the words herein mentioned shall be defined as follows: 
 "Pack, packing or packed," shall mean the regular compact arrangement of all or part 
 of the fruit in any container or subcontainer used for the purpose of sale or transpor- 
 tation for sale. The words "in bulk or loose in the box without packing" shall moan 
 the indiscriminate placing without any thought of regular arrangement of any of the 
 kinds of fresh fruit mentioned in this act into a box, wagon or other receptacle used for 
 the purpose of sale or transportation for sale. ^ 
 
 The words "fresh fruit" shall mean the fresh product of any tree, vine or plant 
 mentioned in this act. 
 
 The word "maturity" shall mean a degree of ripeness fit for shipment. 
 
 The word "county" includes a consolidated "city and county." 
 
 The word "container" shall mean any box, crate or other package used to hold or 
 contain packed fresh fruit. 
 
 The word "subcontainer" shall mean any basket or other receptacle used within a 
 container of packed fresh f niit. 
 
 i
 
 813 FRVIT. Act 1654a, §§ 6-Sb 
 
 Cherries. 
 
 $ 6. All cherries packed in containers or subcontainers shall contain cherries well 
 colored, of practically uniform size, quality, and maturity and one variety only, except- 
 ing that such containers may contain more than one variety if such fact be plainly 
 stamped on the outside thereof with the words "mixed varieties" with letters not less 
 than one-half inch high. Each container or subcontainer shall be stamped on the out- 
 side with the minimum weight of contents and the container shall have the name of 
 variety or varieties stamped thereon. 
 
 Peaches, apricots, pears, etc. 
 
 $ 7, Peaches, apricots, pears, quinces, tomatoes, plums and prunes when packed shall 
 be of practically uniform size, quality and maturity. When packed in containers made 
 up of two or more subconiainera having sloping sideSj for the purpose of ventilation of 
 the fresh fruit therein, the contents shall not vary in size more than ten per cent in 
 each layer, and not more than twenty per cent in the whole subcontainer, and no layer 
 below the top layer shall contain a greater numerical count than the top layer. Each 
 container or subcontainer shall be stamped upon the outside with the minimum weight 
 of its contents. Each container shall bear in plain letters the name of the variety con- 
 tained therein. When packed in a container having perpendicular sides and ends, each 
 shall contain approximately the same numerical count in each layer; provided, that 
 when peaches are packed in containers having perpendicular sides the container shall 
 also be marked upon the outside of the end thereof in plain figures with the approx- 
 imate number of peaches in the box, which shall be within four peaches of the true 
 count. 
 
 When the fresh fruits mentioned in this section are packed in containers known to 
 the trade as "lug" boxes, the provisions of. this section appertaining to variety, 
 numerical count and marking shall not apply. 
 
 Table grapes. 
 
 $ 8a. Table grapes, when packed, shall be of practically uniform quality and shall 
 be well matured and show a sugar content of not less than seventeen per cent Balling 
 scale, except Emperor, Gros Coleman and Cornichon, which shall show not less than 
 sixteen per cent Balling scale. Each crate or package except subcontainers shall be 
 stamped in plain letters with the name of the variety of grapes therein. Each con- 
 tainer, or subcontainer, shall be stamped in plain figures and letters upon one end with 
 a minimum net weight, and no container or subcontainer shall contain less than the 
 minimum stamped thereon. Irregular containers in addition thereto, shall be plainly 
 marked "irregular" and have the actual gross weight stamped thereon. 
 
 Standard containers for table grapes. 
 
 § 8b. The standard containers for table grapes when packed shall be: 
 
 1. Standard crate, which after packing when measured at the end, shall not exceed 
 five inches between the top and bottom and when measured in the center shall not 
 exceed five and three-fourths inches between the top and bottom and containing a 
 minimum net weight of not less than twenty-four pounds. 
 
 2. Double crates containing a minimum net weight of not less than forty-eight pounds. 
 
 3. One-half crates containing a minimum net weight of not less than twelve pounds. 
 
 4. Thirty pound lugs containing a minimum net weight of not less than twenty pounds. 
 
 5. Forty pound lugs containing a minimum net weight of not less than thirty-two 
 pounds. 
 
 6. Fifty pound lugs containing a minimum net weight of not less than forty-two 
 
 pounds.
 
 Act 1654a, §§ 9-1 la GIDNE}RAL LAWS. 614 
 
 7. Williams lugs containing a minimum net weight of not less than twenty-four 
 pounds. 
 
 8. Kegs or drums packed with sawdust or other preserving material, containing a 
 minimum net weight of not less than twenty-nine pounds and a maximum net weight of 
 not more than thirty-five pounds. 
 
 ' * Irregular ' ' containers. 
 
 9. All other containers of table grapes shall be "irregular" containers. 
 
 Standard container for berries. 
 
 § 9. The standard container for berries shall be : Dry quart containing an interior 
 capacity of sixty-seven and two-tenths cubic inches, or dry pint containing an inte- 
 rior capacity of thirtj'-three and six-tenths cubic inches, or dry one-half pint containing 
 an interior capacity of sixteen and eight-tenths cubic inches, or baskets four and one- 
 half by four and one-half by two and one-fourth in depth, or baskets four and one-half 
 by four and one-half by two in depth, or baskets four and one-half by four and one- 
 half by one and three-eighths in depth; all measurements are in inches or fractions 
 thereof. All other sizes shall be marked "irregular." When packed the berries in any 
 container or subcontainer shall be practically uniform throughout the container, or 
 subeontainer, in quality, color and maturity. Irregular container shall be marked 
 * ' irregular. ' ' 
 
 Cantaloupes. 
 
 $ 10. Cantaloupes packed in containers as follows shall be known as standard 
 packed : 
 
 Standard crates twelve by twelve by twenty-two and one-half inches containing 
 forty-five or thirty-six cantaloupes; 
 
 Pony crates eleven by twenty-two and one-half inches containing forty-five or fifty- 
 four cantaloupes; 
 
 Jumbo crates thirteen by thirteen by twenty-two and one-half inches containing 
 thirty-six or forty-five cantaloupes ; 
 
 Standard flats four by twelve by twenty-two and one-half inches containing twelve 
 or fifteen cantaloupes; 
 
 Jumbo flats four and one-half by thirteen and one-half by twenty-two and one-half 
 inches containing twelve or fifteen cantaloupes. 
 
 All measurements herein to be inside measurements without distention. 
 
 All other sizes of containers when packed shall be marked "irregular." All standard 
 packs shall be marked * * standard. ' ' All containers when packed shall have the number 
 of cantaloupes contained therein stamped in plain figures on the label end of the crates 
 with figures not less than one-half inch high. All cantaloupes when packed shall be 
 fully netted of uniform size, firm and mature, free from bruises and practically free 
 from aphis honey dew and other defects. 
 
 Sale of immature or frozen citrus fruits. 
 
 § 11a. It shall be unlawful for any one to sell, offer for sale, ship or deliver for 
 shipment any citrus fruits, which are immature or frozen to the extent of injuring the 
 reputation of the citrus industry of the State of California if shipped, and for any one 
 to receive any such citrus fruits under a contract of sale, or for the purpose of sale, 
 or for shipment, or for delivery for shipment; provided, however, that nothing in this 
 section contained shall be construed to prevent the sale or shipment for sale of frozen 
 or otherwise defective fruit to a by-product factory, or the manufacture thereof into 
 citrus by-products; nor shall this section apply to the sale, or contract or sale, of citrus 
 fruits on the trees, nor shall it apply to common carriers or their agents who are not 
 interested in such fruits and are merely receiving the same for transportation.
 
 815 FRUIT. Act 1654a, §g llb-lS 
 
 Matured oranges. 
 
 $ lib. An orange shall be deemed properly matured for sale, or to be offered for 
 sale, for shipment, or to be offered for shipment, under the provisions of this act, either 
 when the juice contains soluble solids equal to, or in excess of, eight parts to every 
 part of acid contained in the juice, the acidity of the juice to be calculated as citric 
 acid without water of crystallization, or when the orange is substantially colored on the 
 tree. The foregoing provisions shall not apply to shipments of oranges to foreign coun- 
 tries other than the Dominion of Canada, during any season, provided such shipments 
 are made after the first day of November. 
 
 Name marked on containers. 
 
 § 12. All containers of fruit of a kind specified in this act, except subcontainers, 
 when packed and offered for sale, shall bear upon them in plain sight and in plain let- 
 ters on the outside thereof, the name of the orchard where the same was produced, with 
 the post-office address thereof, or the name and post-office address of the person, firm, 
 company or corporation, or organization who shall have first packed or authorized the 
 packing of the same, or the name under which such packer shall be engaged in business, 
 together with the post-office address of such packer. 
 
 Ofl&ce of "inspector of fresh fruits" created. "Inspectors in chief of fresh fruits." 
 
 $ 13. The office of "inspector of fresh fruits," is hereby created for each and every 
 county in the state. The horticultural commissioner of each county, and all deputy 
 horticultural commissioners shall be ex officio inspectors of fresh fruits thereof, and 
 the district inspectors under each county horticultural commissioner are ex officio 
 "deputy inspectors of fresh fruits" in their respective districts. The board of sui^ervi- 
 sors shall appoint as many deputy "inspectors of fresh fruits" as are necessary to 
 carry out the provisions of this act. Their term of office shall be for such time as is 
 deemed necessary by said board of supervisors. For the purpose of creating and secur- 
 ing unity in inspection, the offices of "inspectors in chief of fresh fruits" are hereby 
 created, and the state commissioner of horticulture and his chief deputy, for the pur- 
 poses of this act, are hereby made ex officio such inspectors in chief and shall, where 
 there is a dispute or difference between the inspectors of fresh fruits of two or more 
 counties, or where the interpretation of inspection standards between two or more coun- 
 ties differs materially, have the power and authority to settle the dispute between the 
 inspectors of fresh fruit of such counties and to fix reasonable standards between such 
 counties where they materially differ. 
 
 Appointment when no commissioner of horticulture. 
 
 ^ 14. If in any county or city and county of this state, there is no commissioner of 
 horticulture, it shall be the duty of the board of supervisors thereof to appoint an 
 inspector of fresh fruits and such deputy inspectors of fresh fruits as the said board 
 of supervisors shall deem necessary. Such inspectors and deputy inspectors of fresh 
 fruits shall be appointed to serve for such time during each year as fresh fruits are 
 being packed or shipped in said county or city and county. The salary of an inspector 
 of fresh fruits shall be five dollars per day and necessary traveling expenses. The 
 salary of a deputy inspector of fresh fruits shall be three dollars and fifty cents per 
 day and necessary traveling expenses. 
 
 Deputy state commissioner of horticulture assigned, when. 
 
 § 15. In case the board of supervisors of any county, or city and county, shall fail 
 or neglect, for thirty days after receipt of a written request from the state commissioner 
 of horticulture, to appoint an inspector of fresh fruits, or necessary deputy inspectors 
 of fresh fruits for such county, or city and countj^, then the said state commissioner of 
 horticulture shall forthwith assign to said county, or city and county, one or more
 
 Act 16548, §§ 16-19 GE:XE:RAL. LA'WS. S16 
 
 deputy state commissioners of horticulture, as he shall deem necessary, and such deputy 
 or deputies shall perform all of the duties, within the said county or city and county 
 to which assigned, as is provided in this act to be performed by an inspector of fresh 
 fruits. The actual cost of services rendered by an inspector or deputy inspector, as 
 the case may be, of fresh fruits, assigned to any county in pursuance hereof, together 
 with his necessary traveling expenses shall be a county charge and shall be paid in the 
 same manner in which other claims against the county are paid. 
 
 Removal. Vacancy. 
 
 § 16. The board of supervisors shall remove any inspector of fresh fruits and the 
 inspector of fresh fruits shall remove any deputy upon proper showing of neglect of 
 duty, malfeasance in office, or general unfitness for office. Whenever a vacancy in the 
 officer of inspector of fresh fruits or deputy inspector of fresh fruits occurs, the vacancy 
 shall immediately be filled by the appointing power. 
 
 Power of inspector. 
 
 § 17a. Every inspector of fresh fruits and ev^ry deputy inspector of fresh fruits 
 shall have power to enter and to inspect every place within the county for which he 
 has been appointed where any fruit mentioned in this act is produced, packed, shipped, 
 delivered for shipment, offered for sale or sold, and to inspect such places and all such 
 fruits and the containers thereof and the equipment found in any such places. 
 
 Duty of inspector. 
 
 $ 17b. It shall be the duty of the inspectors or deputy inspectors of fresh fruits in 
 their respective districts to enforce the provisions of this act and to cause the prosecu- 
 tion of any person, firm, corporation or organization, whom they know or have reason 
 to believe is guilty of the violation of its provisions. 
 
 Inspectors have powers of peace oScers. 
 
 5 17c. An inspector or deputy inspector of fresh fruits in the performance of their 
 duties shall have the same powers as are possessed by peace officers of the city, county 
 or state and shall have the right while exercising such police powers to seize and hold 
 as evidence such amount of any pack, load, consignment or shipment of fresh fruit 
 packed in violation of this act, as may in his judgment be necessary to secure the 
 conviction of the party he knows or believes has violated or is violating this act. 
 
 Duty of district attorney. 
 
 § 17d. It shall be the duty of the district attorney of each and every county in the 
 state to prosecute all persons charged with any violation of this act. 
 
 Lawful to refuse shipments in violation of act. 
 
 § 18. It shall be lawful for any fresh fruit forwarding person, firm, corporation or 
 organization and for any common carrier to decline to accept for shipment or transpor- 
 tation and to decline to ship or transport any fresh fruits which upon inspection are 
 found to be packed in violation of the provisions of this act, and any such fruit for- 
 warder or common carrier may reserve the right in any receipt, bill of lading or other 
 written writing given to the consignor, thereof, to reject for shipment and to return to 
 such consignor or hold at the expense and risk of the latter, all fresh fruits which ujion 
 inspection are found to be packed in violation of the provisions of this act. 
 
 Penalty for violation. 
 
 § 19. No person, firm, corporation, company or organization shall pack or cause to be 
 packed for sale or shipment, or shall ship or sell or offer for sale fruit which, or the 
 container or subcontainer in which, the same shall be contained, shall in any respect 
 fail to comply with the requirements of this act.
 
 817 FRUIT. Act 1654b, §§ 1-5 
 
 Any person, firm, corporation, company or organization who shall violate the provi- 
 sions of this act shall be deemed to be guilty of a misdemeanor. 
 
 Conflicting laws. 
 
 ' § 20. All laws in conflict with this act or any part thereof are hereby repealed only 
 in so far as they may conflict with any of the provisions of this act. 
 
 Constitutionality. 
 
 $ 21. If any section, subsection, sentence, clause, or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause, or phrase thereof, irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses 
 or phrases be declared unconstitutional. 
 
 SULPHUR STANDARD FOR SULPHURING FRUITS AND FOODS. 
 ACT 1654b — An act to prevent the sale and use of sulphur containing material quan- 
 tities of arsenic for the purpose of sulphuring fruits or other foods; to provide a 
 standard for sulphur for sulphuring fruits or other foods, and to provide penalties 
 for the violation of the provisions hereof. 
 
 History: Approved May 2, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 282. 
 
 Amount of arsenic permitted in sulphur. 
 
 § 1. No person, firm, company or corporation shall sell, offer for sale, or keep for 
 sale sulphur containing more than ten parts per million of arsenic oxide (AS2O3) for 
 the purpose of sulphuring fruits or other foods. 
 
 Definition. 
 
 $ 2. For the purposes of this act the term "sulphur for sulphuring fruits or other 
 foods ' ' shall be construed to mean sulphur which contains not more than ten parts per 
 million of arsenic oxide (AS2O3). 
 
 Sale. 
 
 5 3. No person, dealer, jobber, firm, company or corporation shall sell, keep for sale, 
 or offer for sale sulphur for sulphuring fruits or other foods which contains more than 
 ten parts per million of arsenic oxide (AS2O3). Every package, parcel, bag or container 
 of sulphur for sulphuring fruits or other foods shall be labeled or tagged, and said label 
 or tag shall contain the words in bold faced type, not less than one-fourth inch in 
 height, "Sulphur for sulphuring fruits or other foods." Said label or tag shall also 
 contain the name and address of the person, firm, company or corporation which manu- 
 factures, prepares or packs the sulphur. 
 
 Use. 
 
 $ 4. No person, firm, company or corporation shall use sulphur containing more than 
 ten parts per million of arsenic oxide (AS2O3) for the purpose of sulphuring fruits or 
 other foods. 
 
 Penalty. 
 
 $ 5. Any person, firm, company or corporation which violates any provision of this 
 act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine 
 of not less than five dollars, nor more than five hundred dollars, or shall be imprisoned 
 in the county jail for a term not exceeding six months, or by both such fine and 
 imprisonment. 
 
 Gen. Laws — 52
 
 Act 1654c, §§ 1-3 GENERAL. LAWS. 818 
 
 Enforcement by state board of health. 
 
 $ 6. The state board of health is hereby empowered to enforce the provisions of this 
 act and to prescribe the form of tags, or labels to be used, and to prescribe and enforce 
 such rules and regulations as it may deem necessary to ca^rry into effect the full intent 
 and meaning of this act. 
 
 STANDARD FRUIT AND VEGETABLE ACT OF 1919. 
 
 ACT 1654c — An act to promote the development of the California fruit and vegetable 
 
 industry in state and interstate markets, and to protect the state's reputation in these 
 
 markets by establishing standards and standard packages for certain fruits and 
 
 vegetables specified therein, and to prevent deception in fruit packages, prescribing 
 
 penalties for violation of the provisions hereof and making an appropriation for the 
 
 enforcement of the provisions hereof, and repealing all acts inconsistent herewith. 
 
 History: Approved May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1221. This act superseded both the acts of 1915 and 1917 in 
 certain features. See Acts 1652 and 1654a. 
 
 Standard packages for fruits, etc., established. 
 
 $ 1. To promote the development of the California fresh fruit, nut and vegetable 
 industry and to prevent deception in fruit or vegetable packages for state or iuterstate 
 shipment, there are herebj' created and established certajn standards and standard pack- 
 ages for apricots, almonds, walnuts, beriies, cantaloupes, cherries, grapes, oranges, 
 peaches, pears, plums, prunes, quinces, tomatoes, onions, sweet potatoes and potatoes. 
 
 § 2. All fresh fruits, nuts and vegetables of the kind specified in section one of this 
 act, exce^jt oranges whicli shall be governed by the provisions of section nine, and 
 except such fruits ahd vegetables for which special grades shall be established under 
 section three of this act, when being packed, or after packing, or when shipped, deliv- 
 ered for shipment, offered for sale or sold, in any container or subcontainer, shall be 
 mature but not overripe, well colored for the variety and locality, virtually uniform in 
 quality, virtually free from insect and fungous pests, rots, bruises, frost injury, sun- 
 burn and other serious defects, and, except in the case of unpacked fruit or vegetables, 
 shall be virtually uniform in size. When packed in layers there shall be approximately 
 the same numerical count in each layer throughout a container or subcontainer having 
 straight sides. In the case of sloping side containers no layer below the top layer shall 
 contain a greater numerical count than the top layer. 
 
 Enforcement by commissioner of horticulture. 
 
 § 3. The state commissioner of horticulture is hereby empowered, through his depu- 
 ties and the inspectors of fresh fruit and vegetables of each county in the state, to 
 enforce all the provisions of this act, and to estal)lish and enforce such grades and 
 grading rules as may be deemed necessary after a thorough investigation has been made 
 of the needs of the particular fruit or vegetable for which grades are contemplated. 
 Such grades and grading rules must, before they become effective, be approved in one 
 or more public meetings attended or represented by at least fifty per cent of the growers 
 and shippers of that locality interested in the industry affected. Such meetings shall 
 be widely advertised in a newspaper published in that locality for at least two weeks 
 prior to the meetings; said meetings shall be presided over by the state commissioner 
 of horticulture, or any of his deputies, and shall, in so far as possible and practicable, 
 be conducted at places that can be conveniently reached by representatives of the 
 affected industry. In like manner the state commissioner of horticulture may provide 
 for standard packages other than those provided for in section six of this act. Grades 
 and grading rules established in accordance with the provisions of this section shall not 
 be modified, nor shall standard packages which have been established be changed during 
 
 ^
 
 819 FRUIT. Act 1654c, g{ (-6 
 
 the current shipping season of the fruits or vegetables for which such grades or standaxd 
 packages were established. 
 
 Exemptions. 
 
 $ 4. All fresh fruits or vegetables of the kind specified in this act for use in the 
 manufacture of by-products, shall be exempt from the provisions of this act, and any 
 inspector or deputy inspector of fresh fruits and vegetables may require from the 
 owner or shipper of such fruits or vegetables such proof as he may deem necessary that 
 they will be used in the manufacture of by-products, and shall hold same until satisfac- 
 tory proof is given. 
 
 Definitions. 
 
 $ 5. When used in this act the words herein mentioned shall be defined as follows : 
 "Packages" shall mean any box, basket, barrel, drum, or crate used as a container or 
 subcontainer for fruits or vegetables. "Pack, packing or packed," shall mean the 
 regular compact arrangement of all or part of the fruit or vegetables in any container 
 or subcontainer used for the pui*pose of sale or transportation of sale. "Deceptive 
 pack" shall mean any package of fruits or vegetables, which has in the outer layer or 
 the exposed surface fruit or vegetables which are so superior in quality or condition to 
 those in the interior of the package, or the unexposed portion, as to materially misrep- 
 resent the entire contents. "Fresh fruit (except oranges) or fresh vegetables" shall 
 mean the fresh product of any tree, vine or plant mentioned in this act. "Mature" 
 shall mean a degree of ripeness fit for shipment. "Virtually uniform in size" shall 
 mean in the ease of packed fruits a difference in size of the various fruits as follows: 
 pears, peaches and quinces, a variation of not more than one-quarter of an inch when 
 measured through widest portion of cross-section; apricots, plums, prunes, cherries and 
 berries, a variation of not more than one-eighth of an inch when measured through 
 widest portion of cross-section. "Virtually free" from insect and fungous pests, rots, 
 bruises, frost injury, sunburn and other serious defects, shall mean that the total defects 
 shall not exceed ten per cent in any one package of fruits or vegetables, and excepting 
 grapes that there shall not be more than three per cent of any one defect. "By- 
 product" shall mean any product manufactured from fresh fruits, fresh vegetables, or 
 their juices. "County" shall include in its meaning a consolidated city and county. 
 "Container" shall mean any box, crate or other package utilized in handling fresh fruit 
 or vegetables. "Subcontainer" shall mean any basket or other receptacle used within 
 a container. "Substantially colored" shall mean at least seventy per cent color. 
 
 Specifications for standard containers. 
 
 § 6. Standard containers are hereby established as follows: 
 
 (1) Standard apricot, plum and grape basket, approximately eight inches square on 
 top, six and one-half inches on bottom and four inches deep, inside measurements. 
 
 (2) Standard berry baskets, dry pint containing an interior capacity of approxi- 
 mately thirty-three and six-tenths cubic inches and dry one-half pint containing interior 
 capacity of approximately sixteen and eight-tenths cubic inches. 
 
 (3) Depth Width Length 
 ' inside inside outside 
 
 Standard pear box 81/2" HVa" 19%" 
 
 Half pear box 41/2" II1/2" 1934" 
 
 Standard peach box 414" lli/g" 19%" 
 
 Standard peach box 41/2" liy2" 19%" 
 
 Standard peach box 4%" III/2" 19%" 
 
 Standard crates 414" 16 " 171/2" 
 
 Standard crates 4i'2" 16 " 171/2" 
 
 Standard crates 4%" 16 " 17i/^"
 
 Act 1C54C, §§ 7-9 CENKRAL LAAVS. S20 
 
 (4) Standard grape crates 4'14" 16 " 17%" 
 
 with heavy cleat 11/16" by 11/16" 
 
 (5) Standard grape drum 14 " 15%" 
 
 containing 2923 cubic inches 
 
 (6) Standard grape keg 
 
 • containing 2923 cubic inches 
 
 (7) Standard lug box 53.4" 14 " I71/2" 
 
 (8) Standard cherry lug 41/2" 111/2" 19%" 
 
 (81/2) Standard cherry lug 41/2" 9 " 19%" 
 
 (9) Standard cherry box 21/4" 9 " 193/4" 
 
 (10) Standard cantaloupe crates, twelve inches by twelve inches by twenty-two and 
 
 one-half inches, to be packed with thirty-six or forty-five cantaloupes; four inches by 
 twelve inches by twenty-two and one-half inches, to be packed with twelve or fifteen 
 cantaloupes; eleven inches by eleven inches by twenty-two and one-half inches, to be 
 packed with forty-five or fifty-four cantaloupes; thirteen inches by thirteen inches by 
 twenty-two and one-half inches, to be packed with thirty-six or forty-five cantaloupes; 
 four and one-half by thirteen and one-half by twenty-two and one-half inches, eontain- 
 srg twelve or fifteen cantaloupes. 
 
 Labels for fruit containers. 
 
 § 7. All containers of fruit of a kind specified in this act, except subcontainers, when 
 packpd and offered for sale, shall bear ujoon them in plain sight and in plain letters on 
 the outside thereof the following : Name of the orchard where the same was produced, 
 with the post-office address thereof, or the name and post-office address of the person, 
 firm, company or corporation, or organization who shall have first packed or authorized 
 the packing of the same, or the name under which such packer shall be engaged in 
 business, together with the post-ofiice address of such packer; name of variety if known, 
 and when not known the words "unknown variety"; minimum net weight or approx- 
 imate number of fruits in the container or subcontainer, which number shall be within 
 four of the true count, and no container or subcontainer shall have less than the min- 
 imum stamped thereon. When two or more varieties are packed or placed in a con- 
 tainer, they shall be labeled "mixed varieties"; provided, that pears and peaches, when 
 packed, shall have the correct number within four placed on the container. 
 
 Subcontainers exempt. 
 
 Standard or other containers when used as subcontainers are exempt from the provi- 
 sions regarding marking, when the container in which they are placed is marked in 
 compliance with the terms of this section. No containers or subcontainers of fresh 
 fruits or vegetables shall bear grade or other designations that are in any way false 
 or misleading. 
 
 Standard containers. "Irregular container." 
 
 $ 8. After January 1, 1920, all fresh fruits of the kinds specified in this act, except 
 such as shall be used in the manufacture of by-products, when prepared or offered for 
 sale or sold, shall be packed or placed in standard containers, which are hereby estab- 
 lished, and shall conform to all provisions of this act; provided, that other sized con- 
 tainers may be used if conspicuously marked in letters not less than one-quarter inch 
 high, "irregular container." 
 
 Standard for table grapes. Standard for oranges. 
 
 § 9. In addition to the standards prescribed in section two of this act, table grapes 
 shall show a sugar content of not less than seventeen per cent Balling scale, except 
 Emperor, Gros Coleman and Cornichon, vrhich shall show not loss than sixteen per cent
 
 S21 FRl IT. Act 1G54C, §§ 10, H 
 
 Balling scale. Oranges shall be deemed properly matured for shipment or sale under 
 the provisions of this act when the juice contains soluble solids equal to or in excess 
 of eight parts to every part of acid contained in the juice, the acidity of the juice to be 
 calculated as citric acid withoi;t water of crystallization; provided, that the oranges 
 have attained at least twenty-five per cent yellow or orange color before picking, and 
 oranges which are substantially or at least seventy per cent colored at the time of 
 picking shall be deemed properly matured for shipment or sale, irrespective of analysis 
 of the juice. When packed, shipped, delivered for shipment, offered for sale or sold, 
 oranges shall be virtually free from insect and fungous diseases and other serious 
 defects. Oranges shall be considered unfit for shipment when frosted to the extent of 
 endangering the reputation of the citrus industry, if shipped. The foregoing provisions 
 shall not apply to shipments of oranges to foreign countries other than the dominion 
 of Canada, during any season, provided such shipments are made after the first day of 
 November. 
 
 Inspectors of fresh fruit and vegetables. 
 
 $10. The office of "inspector of fresh fruit and vegetables" is hereby created for 
 each and every county in the state. The horticultural commissioner of each county, and 
 all deputy horticultural commissioners shall be ex officio inspectors of fresh fruits 
 and vegetables thereof, and the inspectors under each county horticultural commissioner 
 are ex ofQcio "deputy inspectors of fresh fruits and vegetables" in their respective 
 counties. The county horticultural commissioner shall appoint as many deputy "in- 
 spectors of fresh fruits" as are necessary to carry out the provisions of this act. 
 Their term of office shall be for such time as is deemed necessary by said board of 
 supervisors. The offices of "inspectors in chief of fresh fruits and vegetables" are 
 hereby created, and the state commissioner of horticulture and his chief deputj^, for the 
 purposes of this act, are hereby made ex officio such inspectors in chief. It shall be 
 the duty of the "ex officio inspectors in chief of fresh fruits and vegetables" to secure 
 strict and uniform enforcement of the provisions of this act throughout the state, and 
 for that purpose, immediately after this act becomes a law, the state commissioner of 
 horticulture shall appoint two state inspectors of fresh fruits and vegetables, each 
 of whom shall receive a salary of two thousand four hundred dollars per annum and 
 necessary traveling expenses when engaged in the duties of enforcing this act. 
 
 Appointed by supervisors. Compensation. 
 
 5 11. If in any county, or city and county, of this state there is no commissioner of 
 horticulture, it shall be the duty of the board of supervisors thereof to appoint an 
 inspector of fresh fruits and vegetables and such deputy inspectors of fresh fruits and 
 vegetables as shall be deemed necessary. Such inspectors and deputy inspectors of 
 fresh fruits and vegetables shall be appointed to serve for such time during each year 
 as fresh fruits and vegetables are being packed or shipped in said county, or city and 
 county. Inspectors of fresh fruits and vegetables thus appointed shall receive six 
 dollars per day and necessary traveling expenses. The salary of a deputy inspector of 
 fresh fruits and vegetables shall be five dollars per day and necessary traveling expenses. 
 In case the board of supervisors of any county, or city and county, shall fail or neglect, 
 for thirty days after receipt of a written request from the state commissioner of 
 horticulture, to appoint an inspector of fresh fruits and vegetables, or necessary deputy 
 inspectors of fresh fruits and vegetables for such county, or city and county, then the 
 said state commissioner of horticulture shall forthwith assign to said county, or city 
 and county, one or more deputy state commissioners of horticulture, as he shall deem 
 necessary, and such deputy or deputies shall perform all of the duties within the said 
 county, or city and county, to which assigned, as are provided in this act to be per- 
 formed by an inspector of fresh fruits and vegetables. The actual cost of services
 
 Act 1654c, §g 12-15 
 
 GENERAL, LAAVS. 
 
 rendered by an inspector or deputy inspector, as the case may be, of fresh fruits and 
 vegetables, assigned to any county in pursuance hereof, together with his necessary 
 traveling expenses, shall be a county charge and shall be paid in the same manner in 
 which other claims against the county are paid. 
 
 Powers and duties of inspector. 
 
 § 12. Every inspector of fresh fruits and vegetables and every deputy inspector of 
 fresh fruits and vegetables shall have power to enter and to inspect every place within 
 the county for which he has been appointed where any fruit or vegetables mentioned in 
 this act are produced, stored, packed, shipped, delivered for shipment, offered for sale 
 or sold, and to inspect such places and all such fruits and vegetables and the containers 
 thereof and the equipment found in any such places.' It shall be the duty of the inspec- 
 tors or deputy inspectors of fresh fruit or vegetables in their respective districts to 
 enforce the provisions of this act and to cause the prosecution of any person, firm, 
 corporation or organization, whom they know or have reason to believe to be guilty of 
 the violation of any of its provisions. Any inspector or deputy inspector of fresh fruits 
 and vegetables in the performance of his duties shall have the same powers possessed 
 by peace officers of the city, county, or state, and shall have the right while exercising 
 such police powers to seize and hold as evidence part or all of any pack, load, consign- 
 ment or shipment of fresh fruits or vegetables packed, in violation of this act, as may 
 in his judgment be necessary to secure the conviction of the party he knows or believes 
 has violated or is violating any of the provisions of this act. He may start proceed- 
 ings in any court of the county, or city and county, within his jurisdiction to secure the 
 conviction of the party or parties who have violated any of the provisions of the act 
 It shall be the duty of the district attorney of said county, or city and county, in 
 which any violation of this act may occur, to prosecute the person, firm, company, organ- 
 ization or corporation accused of such violation and also, at the request of the state 
 commissioner of horticulture, or any one of his deputies, to institute and prosecute such 
 action for condemnation as may be authorized under the provisions of this act. 
 
 Refusal to ship. 
 
 § 13. It shall be lawful for any fresh fruit or vegetables forwarding person, firm, 
 corporation or organization and for any common carrier to decline to ship or transport 
 any fresh fruits or vegetables, which upon inspection are found to be packed in viola- 
 tion of the provisions of this act, and any such fruit or vegetables forwarder or common 
 cai-rier may reserve the right in any receipt, bill of lading or other Avriting given to 
 the consignor thereof, to reject for shipment and to return to such consignor or hold 
 at the expense and risk of the latter all fresh fruits or vegetables which upon inspection 
 are found to be packed in violation of the provisions of this act. 
 
 Penalty for violation. 
 
 ^ 14. It shall be unlawful for any person, firm, company, organization or corpora- 
 tion, to pack or cause to be packed for sale or shipment, import, sell, offer for sale, or 
 deliver for shipment any of the fresh fruits or vegetables specified in this act that do 
 not conform to the standards herein provided. It shall also be unlawful to prepare, sell 
 or offer for sale, a deceptive pack of fresh fruits, fresh veeretables or dried fruits or 
 dried vegetables or to mislabel any package of any such fruits or vegetables. Any 
 person, firm, corporation, company or organization who shall violate any of the provi- 
 sions of this act shall be deemed to be guilty of a misdemeanor. 
 
 Repealed. 
 
 ^ 15. All laws in conflict with this act are hereby repealed.
 
 823 FUNDS. Act 1638 
 
 C onstitutionality. 
 
 § 16. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause, or phrase thereof, irre- 
 spective of the fact that any one or more sections, subsections, sentences, clauses or 
 phrases be declared unconstitutional. 
 
 Appropriation. 
 
 § 17. The sum of seven thousand five hundred dollars per annum is hereby appropri- 
 ated out of any money in the state treasury 'not otherwise appropriated to be used in 
 the enforcement of the provisions of this act. 
 
 rULLERTON. 
 
 See Act 3094, note. 
 
 CHAPTER 127. 
 
 FUNDS. 
 
 References: See, generally, tits. "Banks"; "Bonds"; "Treasurer." 
 
 County funds, see Kerr's Cyc. Political Code, tit. "County Government.'* 
 Fish and game preservation fund, see Act 1694. 
 Municipal funds, see tit. "Municipal Corporations." 
 Particular funds, see particular title. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1656. Conversion of Balances of Unexpended Appropriations. 
 
 1657. Keversion of Balances of Unexpended Appropriations. 
 
 1658. Transfer of Money From Salary Fund to the Printing Fund of the Noemal 
 
 School at San Francisco. 
 
 1659. Transfer of Money to the General Fund From Certain Funds. 
 
 1660. Loan to General Fund From School Land Fund. 
 
 1661. Transfer of Money From State Drainage Construction Fund to General 
 
 Fund. 
 
 1662. Transfer of Money From Construction Fund Drainage District No. 1 to 
 
 General Fund. 
 
 1663. Transfer of Money From the General Fund to Otheb Funds. 
 
 1664. Redemption of Coupons Civil Bonds of 1857. 
 
 1665. Redemption of Coupons C. P. R. R. Bonds of 1864. 
 
 1666. Payment of State Moneys into the Treasury. 
 
 1667. Payments From the Swamp Land Fund to the Several Counties. 
 1667a. Return of Payments Under § 570, Code Civil Procedure. 
 
 1669. Investment and Reinvestment of County and Municipal Sinking Funds. 
 
 1670. Investment and Reinvestment of Surplus Moneys of Counties and Munici- 
 
 palities. 
 
 1671. Investment and Reinvestment of Surplus Money of State. 
 
 1673. Authorizing Deposit of State Money in Banks. 
 
 1674. Authorizing Deposit of County and Municipal Money in Banks. 
 
 CONVERSION OF BALANCES OF UNEXPENDED APPROPRIATION. 
 ACT 1656 — An act to convert, transfer and return to the general fund of the state 
 treasury, all unexpended moneys heretofore appropriated for the care, management 
 or improvement, or for any other purpose, with reference to the "Yosemite vaUey 
 and Mariposa big tree grove" or any money which may be or hereafter come into 
 the Yosemite valley and Mariposa big tree grove. 
 
 History: Approved March 15, 1901, Stats. 1907. p. 268.
 
 Acts 1657-16G3 GtlNERAL, LAWS. 824 
 
 REVERSION OF BALANCES OF UNEXPENDED APPROPRIATIONS. 
 
 ACT 1657 — An act to provide for tlie reversion of unexpended balances of certain 
 
 appropriations. 
 
 History: Approved June 13, 1913. In effect August 10, 1913. Stats. 
 1913, p. 809. 
 
 Reversion of unexpended balances. 
 
 { 1. No money shall hereafter be paid out of the general fund of the state treasury 
 for or on account of any appropriation made by the legislature of the state of Califor- 
 nia prior to the first day of January, nineteen hundred and six; but all unexpended 
 balances of all such appropriations shall revert to and become a part of the unappropri- 
 ated moneys in the general fund; provided, that nothing herein contained shall be so 
 construed as to repeal or otherwise affect any act providing for the transfer of moneys 
 from the general fund for the benefit of the elementary schools, the high schools, the 
 university, the interest and sinking fund, or any other bond interest fund; provided, 
 also, that this act shall not in any manner affect acts creating statutory salaries, or 
 acts whereby the regular annual expenditure of fixed sums for any public purpose is 
 provided for. All acts or parts of acts inconsistent herewith are hereby repealed. 
 
 SAN FRANCISCO STATE NORMAL— TRANSFER OF MONEY FROM THE 
 
 SALARY TO THE PRINTING FUND. 
 
 ACT 1658 — An act authorizing the transfer of moneys from the salary fund of the 
 
 state normal school at San Francisco to the printing fund of said schooL 
 
 History: Approved March 19, 1907, Stats. 1907, p. 687. 
 
 TRANSFER OF MONEY— CERTAIN FUNDS TO GENERAL FUND, ABOLISHING 
 
 CERTAIN FUNDS. 
 
 ACT 1659 — An act authorizing the controller and treasurer to transfer to the general 
 fund all moneys now in the election reward fund, the leprosy fund, and interest and 
 sinking fund, levee district No. 5, and abolishing the leprosy fund and interest 
 and sinking fund, levee district No. 5. 
 
 History: Approved February 23, 1893, Stats. 1893, p. 6. 
 
 LOAN TO GENERAL FUND FROM SCHOOL LAND FUND. 
 ACT 1660 — An act to provide for the loan from the school land fund to the state of 
 California of the sum of two hundred fifty thousand dollars, providing for the trans- 
 fer of said amount from the school land fund to the general fund and for the repay- 
 ment of said amount with interest thereon, and authorizing the controller to transfer 
 moneys from the school land fund to the general fund and from the general fund to 
 the school land fund and from the general fund to the state school fund to carry 
 out the purposes of this act. 
 
 History: Approved March 20, 1907, Stats. 1907, p. 752. 
 
 TRANSFER FROM STATE DRAINAGE CONSTRUCTION FUND TO GENERAL 
 
 FUND. 
 ACT 1661 — An act authorizing the treasurer and controller to transfer moneys from the 
 state drainage construction fund to the general fund. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 237. 
 
 TRANSFER OF MONEY FROM CONSTRUCTION FUND DRAINAGE DISTRICT 
 
 NUMBER ONE TO GENERAL FUND. 
 ACT 1662 — An act to authorize the controller and treasurer to transfer moneys from 
 the construction fund of drainage district No. 1 to the general fund. 
 History: Approved March 31, 1891, Stats. 1891, p. 279.
 
 S25 FUNDS. Acts 1663-1606, S 1 
 
 TRANSFER OF MONEY FROM GENERAL FUND TO OTHER FUNDS. 
 ACT 1663 — An act requiring the transfer of funds from the general fund of the state 
 treasury to the interest and sinking fund and to other funds to pay interest and 
 principal of state bonds, and interest on diverted funds of the university of California. 
 History: Approved March 24, 1911, Stats. 1911, p. 484. 
 
 Transfer of funds to pay interest on state honds. 
 
 $ 1. Whenever and as often as there is about to become due and payable any interest 
 on state bonds, or any part of the principal of said bonds or any interest on diverted 
 funds of the university of California, referred to in chapter LXV, statutes of 1893, and 
 chapter LXXVII, statutes of 1899, and there is not sufficient money in the interest and 
 sinking fund, or any other special fund established by law for the purpose to pay the 
 interest or principal as becoming due, the state controller and the state treasurer shall 
 proceed to transfer from the general fund of the state treasury to the interest and sink- 
 ing fund, or to any other fund provided by law for such purpose, sufficient money to 
 meet said debt obligations. 
 
 REDEMPTION OF COUPONS OF CIVIL BONDS OF 1857. 
 ACT 1664 — An act authorizing the payment into the general fund of the state treasury 
 of moneys held for the redemption of certain coupons of the civil bonds of 1857 and 
 providing for the redemption of said coupons. 
 
 History: Approved April 12, 1909, Stats. 1909, p. 842. 
 
 REDEMPTION OF COUPONS, RAILROAD BONDS OF 1864. 
 ACT 1665 — An act authorizing the payment into the general fund of the state treasury 
 of moneys held for the redemption of certain coupons of the Central Pacific railroad 
 bonds of 1864 and providing for the redemption of said coupons. 
 
 History: Approved April 12, 1909, Stats. 1909, p. 843. 
 
 REQUIRING PAYMENT OF STATE MONEYS INTO THE TREASURY. 
 ACT 1666 — An act requiring the payment into the state treasury of all moneys belong- 
 ing to the state, received by the various state institutions, commissions, and officers, 
 and directing the disposition of the same. 
 
 History: Approved March 17, 1899, Stats. 1899, p. 110. Amended 
 March 20, 1905, Stats. 1905, p. 382; June 14, 1906, Stats. 1906 (extra 
 session), p. 43. 
 
 Moneys belonging to the state to be paid into the treasury. Credited to certain funds. 
 
 Exceptions. 
 
 ^ 1. All moneys belonging to the state received from any source whatever by any 
 officer, commission or commissioners, board of trustees, board of managers, or board 
 of directors shall be accounted for at the close of each month to the state controller, in 
 such form as the controller may prescribe, and at the same time, on the order of the 
 controller, be paid into the state treasury, provided, in the case of any state hospital, 
 asylum, prison, school or harbor, supported by or under control of the state said money 
 shall be credited to a fund to be known as the contingent fund of the particular insti- 
 tution from which such money is received, and may be expended under the same laws 
 and provisions that govern the expenditure of money appropriated for the support of 
 such institutions, and provided, that in every case where the law directs the board of 
 trustees, managers or directors or officer to refund any money upon the death or dis- 
 charge of any inmate of said hospital, asylum, prison, school or other institution, or to 
 provide a discharged inmate with any sum of money or with wearing apparel, such 
 amount of money as necessary shall be paid bj'^ the board of trustees, managers or 
 directors or officer, upon demand; and in the statement to the controller herein provided
 
 Acta 1607-10G7a, § 1 GE:NI<:RAL LAWS. SM 
 
 for, these amounts shall be itemized and the aggregate deducted from the amount to 
 be paid into the state treasury; provided, further, that all money collected by boards 
 of harbor commissioners shall be paid into the harbor improvement fund of the respec- 
 tive harbor where collected, except so much thereof as may be necessary to pay the 
 expense of urgent repairs, not to exceed in the aggregate ten thousand dollars per 
 month, which sum, if so much be required, may be used in repairing the wharves, piers, 
 landings, thoroughfares, sheds, and other structures, and the streets bounding on the 
 water front under the jurisdiction of such board of harbor commissioners, without 
 advertising the proposals therefor. [Amendment of June 14, 1906. Stats. 1906 
 (extra session), p. 43.] 
 
 This section was also amended March 20, 1905. Stats. 1905, p. 382. 
 
 $ 2. Immediately upon the passage of this act, any moneys belonging to the state 
 now in the hands of the b'oards of trustees, managers, or directors of the institutions 
 mentioned herein, or of any treasurer or secretary thereof, shall be accounted for to 
 the controller and paid into the state treasury, to be credited and disposed for in the 
 manner hereinbefore indicated. 
 
 $ 3. All acts and parts of acts in conflict with this act are hereby repealed. 
 
 $ 4. This act shall take effect immediately. 
 
 PAYMENTS FROM THE SWAMP LAND FUND TO THE SEVERAL COUNTIES. 
 
 ACT 1667 — An act providing for the payment of moneys in the state treasury to the 
 credit of the swamp land fund, to the treasurers of the counties wherein the said 
 swamp land districts are situated, and to provide for the control of the same by the 
 auditor and treasurer of said counties, and prescribing the duties of the controller 
 and treasurer in relation thereto. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 243. 
 
 1. STrampIand fund — Xo adjustment be- 2. Swampland fund — Change of custody 
 
 tTi^'een counties as to funds in treasury. — not provided for. — No provision of law ex- 
 
 The act did not provide for the adjustment ists for a chang-e in the custody of the 
 
 between counties of funds already in their swampland fund entrusted to any county, 
 
 treasuries, nor does it contain any words of upon the division of that county and the 
 
 grant or donation to the counties — but creation of a new county and the subject Is 
 
 merely put into the county treasuries one purely for the legislature and not for 
 
 swampland money that had found its way the courts. — County of Kings v. County of 
 
 Into the state treasury. — County of Kings Tulare, 119 CaL 509, 51 Pac. 866, 
 V. County of Tulare, 119 Cal. 509, 51 Pac. 
 866. 
 
 RETURN OF PAYMENTS UNDER $ 570, C. C. P. 
 ACT 1667a — An act to provide for the return to the owners thereof of any funds paid 
 into the state treasury by any receiver in conformity with the provisions of section 
 five hundred seventy of the Code of Civil Procedure; prescribing the procedure rela- 
 tive thereto: and making an appropriation therefor. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 467. 
 
 Appropriation: from receiver's fund. 
 
 $ 1. From the moneys in the state treasury to the credit of the receiver's fund there 
 is hereby appropriated the sum of four thousand nine hundred forty-nine dollars and 
 twenty-four cents, to be used exclusively for the purpose of returning to the owner, or 
 owners, thereof the amount of money belonging to any person, or persons', which has 
 been heretofore, or shall hereafter, be paid into the state treasury by any receiver, or 
 receivers, pursuant to the provisions of section five hundred seventy of the Code of 
 Civil Procedure.
 
 82T FUNDS. Acts lOCO, 1670 
 
 Verified claim for money from receiver's fund. 
 
 4 2. The owner, or owners, of any such money, or moneys, shall present to the board 
 of control a verified claim therefor, accompanied by all such data respecting the same 
 as the board of control may require for its information. Such claim shall be audited 
 by the board of control in the manner provided by law, and, if approved, shall be 
 transmitted to the state controller, with such approval endorsed thereon. The con- 
 troller shall thereupon draw his warrant upon the said receiver 's fund in favor of such 
 owner, or owners, for the amount so ascertained to belong to him, or them, and the 
 state treasurer shall pay the same; provided, however, that the aggregate sum of all 
 warrants so drawn and paid shall not exceed the amount by this act appropriated. 
 
 Unexpended balance reverts to receiver's fund. 
 
 $ 3. Any balance of such appropriation remaining unexpended on the first day of 
 September, A. D. 1917, shall, without further action, revert to and become a part of 
 the said receiver's fund. 
 
 INVESTMENT OF COUNTY AND MUNICIPAL SINKING FUNDS. 
 ACT 1669 — An act authorizing the investment and reinvestment, and disposition, of 
 any moneys in any sinking fund of any county, city and county, or incorporated city 
 or town, and repealing an act entitled "An act authorizing the investment and rein- 
 vestment and disposition of any moneys in any sinking fund of any county, city and 
 county, or incorporated city or town." approved March 3, 1909. 
 
 History: Approved April 3, 1911, Stats. 1911, p. 582. Prior act of 
 March 3, 1909, Stats, 1909, p. 139, repealed by the present act. 
 
 Money in sinking funds may be invested in bonds. 
 
 $ 1. Any county, city and county, or incorporated city or town, which has now or 
 hereafter shall have any moneys in any sinking fund established for the purpose of 
 providing for the payment of the principal or interest of any bonded or other indebted- 
 ness, or for any other purpose, is hereby authorized to invest any such moneys tempo- 
 rarily in any bonds already issued or hereafter issued of such county, city and county, 
 or incorporated city or town, respectively, or of the United States or the state of Cali- 
 fornia, or of any other county, city and county, or incorporated city or town, or of anj' 
 school district within the state, and such investment may be made by direct purchase 
 of any issue of bonds, or part thereof, at the original sale of such bonds, or by the 
 purchase of such bonds after they have been so issued. Any bonds thus purchased and 
 held in any such sinking fund may, from time to time, be sold and the proceeds tem- 
 porarily reinvested in bonds, as above provided. Sales of any bonds thus purchased 
 and held in any sinking fund shall, from time to time, be made in season, so that the 
 proceeds may be applied to the purposes for which the sinking fund was created. 
 
 § 2. The functions and duties in this act authorized shall be performed by the legis- 
 lative or governing body of the county, city and county, or incorporated city or town, 
 or under its authority. 
 
 $ 3. An act entitled, "An act authorizing the investment and reinvestment and dis- 
 position of any moneys in any sinking fund of any county, city and county, or incor- 
 porated city or town," approved March 3, 1909, is hereby repealed. 
 
 INVESTMENT OF SURPLUS FUNDS OF COUNTIES AND MUNICIPALITIES. 
 
 ACT 1670 — An act authorizing the investment and reinvestment and dispositions of any 
 
 surplus moneys in the treasury of any county, city and county or incorporated city 
 
 or town. 
 
 History: Approved April 23, 1913. In effect August 10, 1913. Stats. 
 1913, p. 76.
 
 Act 1671. eg 1,2 GENERAL LAAVS. S2S 
 
 Investment of surplus county funds. Sale of bonds. 
 
 ^ 1. Any county, city and county, or incorporated city or town which now has, or 
 hereafter shall have, any surplus money in the treasury thereof, not required for the 
 immediate necessities of the said county, city and county, or incorporated city or town, 
 is hereby authorized to invest such portion of any such surplus as to the governing 
 body of the said county, city and county, or incori)orated city or town may be deemed 
 wise or expedient in any bonds already issued or hereafter issued by such county, city 
 and county, or incorporated city or town respectively, or in bonds already issued or 
 hereafter issued by any school district situated in whole or in part within the limits of 
 such county, citj' and county, or incorporated city or town, or in bonds already issued 
 or hereafter issued by the state of California, or the United States, and such invest- 
 ment may be made by direct purchase of any issue of bonds, or part thereof, at the 
 original sale of such bonds, or by the purchase of such bonds after they have been 
 thus issued. Any bonds thus purchased and held may, from time to time, be sold and 
 the proceeds reinvested in bonds as above provided. Sales of any bonds thus purchased 
 and held shall, from time to time, be made in season so that the proceeds may be 
 applied to the purposes for which the money, with which the bonds were originally 
 purchased, was placed in the treasury of the county, city and county, or incorporated 
 city or town. 
 
 Legislative body of city or county to perform duties under act. 
 
 $ 2. The functions and duties of this act authorized shall be performed by the 
 legislative or governing body of the county, city and county, or incorporated city or 
 town, or under its authority. 
 
 INVESTMENT OF SURPLUS MONEY OF STATE. 
 ACT 1671 — An act providing for the designation of money in the state treasury as 
 surplus money, authorizing the investment and reinvestment of such money in 
 certain classes of bonds, directing the disposal of interest or premium received 
 therefrom and permitting the subseciuent sale or exchange of the bonds so purchased. 
 History: Approved June 10, 1913. In effect August 10, 1913. Stats. 
 1913, p. 563. 
 
 Investment of surplus money in state treasury. 
 
 $ 1. Any money in the state treasm-y which shall have been designated as surj^lus 
 money under the provisions of this act may in the manner hereinafter provided be 
 invested in bonds of any of the following classes: 
 
 (a) Bonds or interest-bearing notes or obligations of the United States, or those for 
 which the faith and credit of the United States are pledged for the payment of principal 
 and interest; 
 
 (b) Bonds of this state, or those for which the faith and credit of the state of Cali- 
 fornia are pledged for the payment of principal and interest; 
 
 (c) Bonds of any county, city and county, city or school district of this state. 
 
 Designation of surplus money. Maximum. 
 
 $ 2. The state treasurer, and the members of the state board of control shall at such 
 times as they deem necessary, or upon request in writing of the state treasurer, meet 
 and determine whether any portion of the money then in the state treasury is not 
 necessary for immediate use, and if so, the amount thereof, which amount shall there- 
 upon be designated as "surplus money"; provided, however, that the amount so fixed 
 and detei-mined as surplus money shall not at any time be in excess of seventy-five 
 per cent of the least amount of money shown by the records in the treasurer's office to 
 have been in the state treasurj' at the end of any day's transactions dui-ing the twelve 
 mouths' period next preceding compiled in accordance with the provisions of section
 
 829 FUNDS. Act 1G73, g 1 
 
 six hundred seventy-five of the Political Code. Upon the unanimous approval of said 
 state oflScials, there shall be spread upon the minutes of the state board of control at 
 each such meeting a resolution designating the amount of money so determined by 
 them to be surplus money within the meaning of this act, and thereupon the state 
 board of control shall proceed to invest the same in the purchase of bonds of any of 
 the classes described in section one of this act. 
 
 Sale or exchange of bonds purchased. Interest paid into "bond investment fund." 
 
 § 3. Any bonds purchased or held under the provisions of this act may be sold or 
 exchanged for other bonds of any of the classes described in section one of this act, 
 and the money received from any svich sale may be reinvested by the state board of 
 control in the purchase of any such bonds; provided, that no such sale or exchange 
 shall be made at a price which will result in a net loss to the state; and provided, 
 further, that any interest or premium collected or received by the state from any 
 bonds purchased or held under the provisions of this act shall be credited by the state 
 treasurer to a fund to be known as the "bond investment fund" which fund is hereby 
 established. The state treasurer shall semi-annuall}'^, on the last days of June and 
 December, transfer one-half of the amount then in said fund to the general fund, and 
 shall transfer one-half of the amount then in said fund to the state school land fund. 
 
 Certain funds not affected. 
 
 5 4. This act shall not be construed as affecting the method of investing the state 
 school land fund, the estates of deceased persons fund, the dissolved savings bank 
 fund, or the sinking funds under the control of the state treasurer, and the laws relat- 
 ing thereto shall remain in full force and effect. 
 
 DEPOSIT OF STATE MONEY IN BANKS. 
 
 ACT 1673 — An act to authorize the deposit of state moneys in banks in this state, and 
 
 to repeal all acts or parts of acts in conflict with this act. 
 
 History: Approved February 28, 1907, Stats. 1907, p. 67. Amended 
 March 24, 1911, Stats. 1911, p. 482; April 29, 1913. In effect August 10, 
 1913. Stats. 1913, p. 108. Prior act of March 20, 1905, Stats. 1905, 
 p. 67, repealed by the present- act. 
 
 Money of state may be deposited in approved banks. 
 
 § 1. All moneys under the control of the state treasurer, belonging to the state, may 
 
 be deposited by the state treasurer to the credit of the state in such state or national 
 
 bank, or banks, in the state as the treasurer, with the approval of the governor and 
 
 state controller, shall select for the safekeeping of such deposits, and any sum so 
 
 deposited shall be deemed to be in the state treasury; provided that the bank or banks 
 
 in which such money is deposited shall furnish security as hereinafter provided; and 
 
 provided further, that such depositary bank or banks be selected fi'om those agreeing 
 
 to pay the highest rate of interest, not less than two per cent per annum, for such 
 
 deposits, as may be determined by bids to be submitted at such times and in such 
 
 manner as the treasurer, with the approval of the governor and the state controller 
 
 shall direct; provided, that not more than one-tenth of the aggregate amount of state 
 
 moneys available for deposit and on deposit shall be deposited in any one bank; and 
 
 provided, further, that such deposit shall not exceed fifty per cent of the paid-up capital, 
 
 exclusive of reserve and surplus, of any depositary bank. Any and all bids may be 
 
 JL rejected by the treasurer, with the approval of the governor and state controller, and 
 
 ^B new bids asked for. The expense of transportation of moneys to and from the state 
 
 ^B treasury to such depositaries shall be borne by such depositaries. Said deposits, with 
 
 ^B interest thereon, shall be subject to withdrawal at any time upon the demand of the
 
 Act 1073, §§ 2-6 
 
 GENERAL LAWS. 
 
 83<» 
 
 shall deposit any part of such moneys upon different terms; provided that no agree- 
 ment for the deposit of said moneys shall be for a longer period than one year. [Amend- 
 ment approved March 24, 1911. Stats. 1911, p. 482.] 
 
 Interest, when payahle. School moneys. 
 
 § 2. The interest to be paid by any such depositary bank shall be on the average 
 daily balances of the state moneys kept on deposit therewith, and shall be paid and 
 credited to the state monthly on the first day of each and every month, and such interest 
 shall accrue to the general fund of the state treasury; provided that if any moneys 
 belonging to the state school fund or the state school land fund shall at any time be 
 deposited under the provisions of this act, the interest received thereon shall be paid 
 into the state school fund. 
 
 Security for state funds deposited in banks. 
 
 § 3. For the security of the funds deposited by the state treasurer under the pro- 
 visions of this act, there shall be deposited with the treasurer bonds of the United 
 States, or of this state, or any county, municipality, school district or irrigation district 
 within this state, which bonds shall be approved by the governor, controller and 
 treasurer, to an amount in value at least ten per cent in excess of the amount of the 
 deposit with such bank or banks; and if in any case, or at any time, such bonds are 
 not deemed satisfactory security to the governor, controller and treasurer, they may 
 require such additional security as may be satisfactory to them. Said bonds, or any 
 l-)art thereof, may be withdrawn on the written consent of the governor, controller and 
 treasurer; provided, that a suflBcient amount of said bonds to secure said deposits 
 shall always be kept in the treasury; and in the event that said bank or banks of 
 deposit shall fail to pay such deposits, or any part thereof, on the demand of the state 
 treasurer, then it shall be the duty of the state treasurer to forthwith convert said bonds 
 into money and to disburse the same according to law. [Amendment approved 
 April 29, 1913, Stats. 1913, p. 108. In effect August 10, 1913.] 
 
 This section was also amended March 24, 1911, Stats. 1911, p. 483. 
 
 Provisions of contract. Treasurer's annual statement to banks. 
 
 § 4. The treasurer shall take from such depositary or depositaries a written contract, 
 in duplicate setting forth the conditions and terms upon which the funds of the state 
 are deposited therewith, one of which shall be filed with the controller. One provision 
 of said contract shall be that each depositary shall at the end of each month render to 
 the treasurer a statement in duplicate showing the daily balances or amount of money 
 of the state held by it during the month and the amount of the accrued interest thereon 
 separately, one of which shall be filed by the treasurer with the controller. The treas- 
 urer shall annually on the first day of July furnish each depositary bank with a state- 
 ment showing the amount and description of the bonds on deposit with him by such 
 bank to secure state deposits. 
 
 Indemnity bonds. 
 
 $ 5. The treasurer, with the approval of the governor and controller, shall, if in his 
 judgment it shall appear necessary for the security of the state, require said banks of 
 deposit to give an indemnity bond, the sureties on which shall not be interested as 
 stockholders in said bank or banks, to be approved by the governor, controller and 
 treasurer, to secure the state against loss by any depreciation in value that may occur 
 in such bonds held by him as security for the safekeeping and prompt payment of the 
 state moneys in such depositaries. 
 
 Treasurer not responsible for deposits. 
 
 $ 6. The state treasurer shall not be responsible for any moneys deposited in a bank 
 or in banks under the provisions of this act while the same remain there deposited
 
 ^831 FUNDS. Act 1674, §§ 1. 3 
 
 with the consent of the governor and controller ; but the treasurer shall be chargeable 
 (with the safekeeping, management and disbursement of the bonds and certificates of 
 deposit deposited with him as security for deposits of state moneys, and with the 
 interest thereon, and the proceeds of any sale under the provisions of this act. 
 
 Receipt for money deposited. 
 
 § 7. At the time of depositing state moneys in any bank, designated as a depository, 
 the state treasurer shall take and preserve a receipt therefor, stating the amount 
 deposited and referring to the contract made between the depositary banks and the 
 treasurer. The moneys so deposited may be drawn out by the cheek or order of the 
 state treasurer. [Amendment approved March 24, 1911. Stats. 1911, p. 482.] 
 
 Act of 1905 repealed. 
 
 $ 8. The act of March 20, 1905, entitled "An act to authorize the deposit of state 
 moneys in banks in this state, and to repeal all acts or parts of acts in conflict with 
 this act," and all other acts or parts of acts in conflict with this act are hereb}- 
 expressly repealed. 
 
 DEPOSIT OF COUNTY AND MUNICIPAL MONEY IN BANKS. 
 ACT 1674 — An act to provide for and regulate the deposit of county and municipal 
 moneys in hanks and hanking corporations, limiting the amount of public moneys 
 that may he deposited therein, and providing a penalty for the illegal deposit and 
 use thereof. 
 
 History: Approved March 23, 1907, Stats. 1907, p. 974. Amended 
 April 29, 1913. In effect August 10, 1913. Stats. 1913, p. 107. 
 
 Deposit of county and city funds. Security. Interest. 
 
 § 1. All moneys belonging to any county or municipality within the state may be 
 deposited by any officer of such county or municipality having the legal custody of such 
 county or municipal funds in any licensed national bank or banks within this state, or 
 in any bank, banks or corporations authorized and licensed to do a banking business 
 and organized under the laws of this state; provided, that such bank or banks in which 
 such moneys are deposited shall furnish as security for such deposits bonds of the 
 United States, or of this state, or of any county, municipality, school district, or irriga- 
 tion district within this state, approved by the officer making the deposit and the dis- 
 trict attorney for the county or city attorney for the municipality to which the deposit 
 belongs. The market value of the bonds furnished shall be at least ten per cent in 
 excess of the amount of the deposit secured thereby; but the amount of the deposit 
 shall in no case exceed the face value of the bonds furnished as security therefor; and 
 provided, that such bank or banks shall pay a reasonable rate of interest, not less than 
 two per cent per annum, on the daily balances therein deposited. [Amendment approved 
 April 29, 1913. Stats. 1913, p. 107. In effect August 10, 1913.] 
 
 Rate of interest to he fixed, when. 
 
 § 2. The rate of interest shall be fixed annually as herein provided in the month of 
 January of each year on all deposits to be made for such year; provided, that the rate 
 of interest for the year ending December 31, 1907, may be fixed as herein provided 
 within ninety days after this act goes into effect. The rate of interest shall be fixed in 
 the case of counties, by the treasurer, auditor, and chairman of the board of supervisors, 
 and in the case of municipalities by the treasurer, auditor (or clerk in municipalities 
 having no auditor), and chairman of the council or other governing body of such munici- 
 pality. Said rate of interest shall be a reasonable rate and not less than two per cent 
 per annum on the daily balances deposited; and the rate of interest so established for 
 each year as herein provided, shall be the uniform rate of interest required from all 
 banks receiving deposits from the county or municipality, for that year.
 
 I 
 
 ActlC74. 8§3-8 GENERAL LAWS. 833 
 
 Interest on all moneys deposited as herein provided for shall belong to the county or 
 municipality represented by the officer making such deposit and shall be paid quarterly 
 into the general fund of such county or municipality except where the law otherwise 
 directs. 
 Eeceipt for deposit. 
 
 § 3. It shall be the duty of the officer making the deposit, to receive from the bank 
 in which the deposit is made, a receipt or receipts in duplicate showing the date and 
 amount of deposit and rate of interest to be paid thereon, one copy of which said officer 
 shall keep on tile in his office and he shall file one copy with the auditor of the county 
 or auditor of the municipality (or clerk in municipalities having no auditor) as the case 
 may be. 
 
 Record of deposits. 
 
 § 4. Every treasurer shall keep a record in his office which shall be open to public 
 inspection, showing at all times the amount of money on deposit and all banks in which 
 the same is deposited, and dates of deposit. Also a record of all banks making applica- 
 tion for the deposit of the public funds. 
 
 Amount that may he deposited. 
 
 § 5. The total amount of public moneys on deposit in any bank, shall not at any one 
 time exceed fifty per cent of the paid up capital stock of such depositary bank or banks. 
 No officer shall have on deposit at any one time more than ten per cent of the public 
 moneys under his control and available for deposit in any bank while there are other 
 qualified banks requesting such deposits; provided, that no treasurer of a county or 
 municipality, shall be required to deposit public moneys in any bank outside of the 
 county owning the money or in which the municipality is situated. 
 
 Receipts to be counted as cash. 
 
 $ 6. The receipt issued by any bank for deposits made therein, together with the 
 bonds held as security therefor, shall be held by the treasurer making the deposit and 
 be recognized and counted as cash to the amount recited in the receipt by the officers 
 required by law to count the same. 
 
 Deposits subject to call. 
 
 $ 7. Deposits, with interest thereon, shall be subject to withdrawal on demand of the 
 treasurer making the same, or his successors in office, and any bank receiving the 
 deposit of public moneys, may at any time return the same to the public officer making 
 such deposit, together with interest to date of return, and it shall be the duty of the 
 public officer upon receiving the return of such deposit, to immediately return to such 
 bank all bonds held as security for the deposit returned. When any officer withdraws 
 his deposit he shall return, on demand of the bank, such bonds as were held as security 
 for the deposit or portion thereof withdrawn. 
 
 On failure of bank to repay security to he sold. 
 
 $ 8. Should any bank fail to pay any public moneys held on deposit as herein pro- 
 vided, the officer making such deposit may, after ten days' written notice to such bank, 
 proceed to sell at public or private sale, such of the bonds held by him as security as he 
 may see fit; provided, however, that he shall sell no bonds for less than their face 
 value except at public sale after ten days' printed notice in some newspaper of general 
 circulation published in the county where the sale is to take place. The proceeds of 
 such sale, after paying all expenses, shall be credited to the account of the bank which 
 deposited the bonds as collateral. Any bank failing to make payment, may, at any time 
 before the sale of the bonds is completed, stop such sale by repaying all the moneys 
 deposited with it, together with any expense that may have been incurred by the officer
 
 833 FUNDS. Act 1674. §§ 3-S 
 
 making such deposit, as the result of such failure. Should the proceeds of any such 
 sale fail to fully repay any deposit, the balance remaining unpaid may be collected in 
 an action of law in the name of the officer making the deposit. 
 
 Public officials not responsible for loss. 
 
 $ 9. Public oflBcials shall not be responsible for any loss of public moneys resulting 
 from the deposit thereof when made in accordance with the provisions of this act. It 
 shall be the duty of the officer making the deposit to safely keep all evidence of indebt- 
 edness issued by banks for deposits made therein, and bonds deposited for security and 
 such public officer shall be responsible for such evidence of indebtedness, and for bonds 
 held as security therefor, together with the interest thereon and the proceeds of any 
 sale of such bonds ; and the city, county or municipality for which said officer acts, shall 
 be responsible to such bank for the safe return of the securities furnished by it to such 
 officer. 
 
 Transportation of moneys. 
 
 § 10. The expenses of transportation of moneys to or from the state,»county or mu- 
 nicipal treasuries to such depositaries shall be borne by such depositaries. 
 
 Violation of act a felony. 
 
 § 1.1. The making of profit out of county, city, town or other public moneys, or using 
 the same for any purpose not authorized by law by any officer having possession or con- 
 trol thereof, shall be a felony. Any violation of the provisions of this act by a bank or 
 a banking corporation, shall be punishable by a fine not exceeding five hundred dollars 
 for each offense and the officers of such bank or banking corporation and officer receiv- 
 ing such deposit shall be guilty of a felony. 
 
 Present laws not abrogated. 
 
 $ 12. Nothing in this act contained shall prevent any county or municipality within 
 this state from buying bonds or otherwise investing its money in any manner now pro- 
 vided by law and nothing herein contained as to the disposition of interest on public 
 moneys deposited shall apply to any money received or held by any county or munici- 
 pality wherein any law provides for the payment of interest or profit thereon, into any 
 particular fund. 
 
 § 13. All acts or parts of acts in conflict with this act are hereby repealed. 
 
 § 14. This act shall take effect immediately. 
 
 1. Deposit of public money— Action to 2. San Francisco charter provision para- 
 prevent. — A taxpayer may maintain an ac- mount. — ^The provisions of sections 2 and 3, 
 tion to prevent a city treasurer from de- chapter 3, article IV, of the San Francisco 
 positing money of the municipality in his charter, prohibiting the deposit of munici- 
 custody with banks or banking corpora- pal funds in banks is paramount to the 
 tions, where such deposit is forbidden by provisions of this act, the subject of the de- 
 law. — Rothschild v. Bantel, 152 Cal. 5, 91 posit of such funds In banks being a mu- 
 Pac. 803. nicipal affair. — Rothschild v. Bantel, 152 CaL 
 
 See, also, Yarnell v. Los Angeles, 87 Cal. 5, 91 Pac. 803. 
 603, 25 Pac. 767. 
 
 GALLINAS SLOUGH. 
 See Kerr's Cyc. Political Code, $ 2349. 
 
 Gen. L.aws — 53
 
 GENERAL LAWS. 634 
 
 CHAPTER 128. 
 
 GAME LAWS. 
 References: Acts continued In force relating to fish and game protection and preserva- 
 tion, see Kerr's Cyc. Political Code, § 19; Kerr's Cyc. Penal Code, § 23. 
 
 Fish and game warden, see Kerr's Cyc. Political Code, §§ 4149, et seq. 
 
 Fish and Game Commission, see Kerr's Cyc. Political Code, §§ 342, 343. 
 
 Fish and Game Commissioners, see Kerr's Cyc. Political Code, §368. 
 
 Fish screens, see Kerr's Cyc. Penal Code, § 629. 
 
 Fishways, see Kerr's Cyc. Penal Code, §§ 636c, et seq. 
 
 Game birds enumerated, see Kerr's Cyc. Penal Code, § 637a. 
 
 Protection of fish and game, power of supervisors, see Kerr's Cyc. Political Code, 
 § 4041. 
 
 Protection of game and fish, see Kerr's Cyc. Penal Code, §§ 626, et seq. 
 
 Protection of fish and game in particular county, see particular title. 
 
 Protection of wild birds, see Kerr's Cyc. Penal Code, § 637a. 
 
 State IVlarket Director, see tit. "State Market Commission." 
 
 Transportation of non-game birds, see Kerr's Cyc. Penal Code, § 637<L 
 
 See, generally, tits, "Animals"; "Foods." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1688. Hunting License Act of 1909. 
 
 1690. Vocational Fishing License Act of 1909. 
 
 1691. Dealers' License Act of 1911, 
 1691a. Cannees' License Act of 1917. 
 
 1692. Fishing License Act of 1913, 
 1692a. Issuance fob Eesale Act of 1915. 
 
 1693. Fish Propagator's License Act of 1911, 
 1693a. Parasitic Fish Act, 
 
 1693b. Commercial Fishery Statistics. 
 1693c, Fish Supply Conservation, 
 
 1694. Fish and Game Preservation Fund. 
 1694a. Disposition of Fines and Forfeitures. 
 
 1696. Fish and Game District Act of 1917. 
 i696a. "Mount Tamalpais Game Eefuge." 
 
 1697. Railway Car for Fish Distribution. 
 
 1698. Purchase of Fish Hatcheries at Sisson. 
 
 1699. Purchase of Additional Land foe Fish Hatchery at Sisson. 
 
 1700. Removal of Obstruction in American River, 
 
 1701. Salmon Hatchery. 
 
 1702. Removal of Obstructions in Pit River, 
 
 1703. Disposal of Hatchery at Battle Creek, Tehama Countt. 
 
 1704. Fish Repository on Stanislaus River, Tuolumne County. 
 
 1705. Authorizing Construction of Steam Launch. 
 
 1706. Purchase of Gasoline Launch. 
 
 1707. Disposal of Steam Launch Governor Stoneman. 
 
 1708. Importation of Game Birds for Propagation. 
 
 1709. Protection of Game in Nevada County. 
 
 1710. Restricting Hunting in Yolo County. 
 1712, Preservation of Mocking Birds, 
 
 1715, Prevention of Destruction of Fish and Game in Lake Mebbitt. 
 
 1716. Protection of Fish and Game in Napa County, 
 
 1720. Prohibiting Destruction of Fish in Alameda County. 
 
 1721. Prevention of Destruction of Fish in Bolinas Bay. 
 
 1722. Protection of Fish in Butte Creek, Butte County. 
 
 1723. Regulating Salmon Fisheries on Eel Rivee. 
 
 1724. Preservation of Fish in Lake Bigler, 
 
 1725. Prevent Destruction of Fish in Kings River. 
 
 1727, Use of Seines, Etc., in Napa River Prohibited. 
 
 1728, Use of Seines, Etc., in San Antonio Creek, Alameda County, Prohibited. 
 1731. Preservation op Fish in Siskiyou County. 
 
 1733. Protection op Fish in False Bay. 
 
 1735. Protection op Fish in Certain Water of Mendocino County, 
 
 1736. Prevention of Destruction of Wild Game in Pinnacles Forest Reserve. 
 
 I 
 
 M
 
 S35 GAME LAWS. Act 168S, §§ 1-3 
 
 1737. Use of Weirs, Etc., in Monterey Bay Prohibited. 
 
 1738. Use of Nets, Etc., in Cache Slough Prohibited. 
 
 1738a. Restriction of Fishing in Fish and Game District No. 19. 
 
 1739. Expenses and Costs of Trial Foe Violation of Fish and Game Laws. 
 
 1740. County Fish Hatcheries. 
 
 1741. Crab Preserve in Eel Eiver. 
 
 1742. Shell Fish Preserve in Monterey Bat. 
 
 1743. Transfer of Land for Game Preserve. 
 
 1744. Protection of Fur-Bearing Animals. 
 
 1745. Contaminated Sources of Shell Fish. 
 
 1746. Free Camping Ground in Placer County. 
 
 HUNTING LICENSE ACT OF 1909. 
 
 ACT 1688 — An act to regulate and license the hunting of wild "birds and animals, and 
 
 to provide revenue therefrom, for game and fish preservation and restoration. 
 
 History: Approved March 22, 1909, Stats. 1909, p. 663. Amended 
 May 18, 1917. In effect July 27, 1917. Stats. 1917, p. 650; April 21, 1919. 
 In effect Jul:^ 22, 1919, Stats. 1919, p. 119. Prior act of March 13, 1907, 
 Stats. 1907, p. 247, repealed by the present act. 
 
 Licenses to hunt game. 
 
 § 1. Every person in the state of California, who hunts, pursues or kills any of tJie 
 wild birds or animals, excepting predatory birds or animals, without first procuring a 
 license therefor, as provided in this act, is guilty of a misdemeanor. 
 
 By whom issued. 
 
 § 2. Licenses granting the privilege to hunt, pursue or kill wild birds or animals, 
 shall be issued and delivered upon application, by the county clerk of any of the coun- 
 ties of this state, or by the state board of fish commissioners, who shall prepare suitable 
 licenses of convenient form and size, and have printed or stamped thereon the words: 
 "Hunting License No. , State of California, expires June 30, 19 — , " with the regis- 
 tration number, and appropriate year printed or stamped thereon, which said license 
 shall be prepared and furnished to the county clerk, and for their own disposition, by 
 the state board of fish commissioners, which board shall take receipt therefor by number 
 and quantity, from the several county clerks, and the county clerk shall be responsible 
 therefor and shall account for the same to the controller of the state every three months, 
 beginning with July 1st of each year. For each license sold, registered and accounted 
 for by any person excepting by a fish commissioner, he shall be allowed as compensa- 
 tion out of the game preservation fund, ten per cent of the amount accounted for. 
 
 Fees for hunting licenses. 
 
 $ 3. The licenses herein provided for shall be issued as follows: 
 
 First — To any citizen of the United States who is a bona fide resident of the state 
 of California, upon the payment of one dollar. 
 
 Second — To any citizen of the United States, not a bona fide resident of the state of 
 California, upon the payment of ten dollars. 
 
 Third — To any person not a citizen of the United States who shall have declared 
 his intention to become such citizen according to the law made and provided for such 
 purpose, who is a bona fide resident of the state of California, upon the payment of 
 ten dollars; provided, that after he has declared his intention to become a citizen, he 
 must complete his naturalization at the earliest period allowed by law; provided fur- 
 ther, that said applicant shall make and subscribe an oath before the person issuing 
 such license that he has not claimed his citizenship in a foreign country as a basis for 
 avoiding service in the armed forces of the United States and the person issuing such 
 license is hereby empowered to administer said oath.
 
 Act 1<!88, §§ 4-11 
 
 GENERAL LA^VS. 
 
 836 
 
 Fourth — To any person not a citizen of the United States, upon the payment of 
 twenty-five dollars, except as i^rovided in the third subdivision of this section. [Amend- 
 ment of April 21, 1919. In effect July 22, 1919. Stats. 1919, p. 119.] 
 
 This section was also amended May 18. I'JIT. In effect July 27. 1917. Stats. 1917, p. 650. 
 
 Application for license. 
 
 § 4. Every person applying for and procuring a license as herein provided shall fur- 
 nish to the count}'' clerk or state board of fish commissioners, his name and resident 
 address, which information shall be by the clerk or board entered in a book kept for that 
 purpose, and provided by the state board of fish commissioners, together with a state- 
 ment of the date of issuance and the number of the license issued to such person. Such 
 applicant shall also furnish to the county clerk or fish commissioners a written descrip- 
 tion of himself, by age, height, nationality and color of the eyes and hair. 
 
 Term of license. 
 
 § 5. All licenses issued as herein provided shall be valid, and shall authorize the 
 person to whom issued, to hunt, pursue and kill wild birds and animals, excepting preda- 
 tory birds and animals, on and from the first day of July of the year in which such 
 license is issued until the date of expiration written or stamped thereon, but no license 
 shall continue in force for a period longer than one year. 
 
 Disposition of moneys. 
 
 $ 6. All moneys collected from licenses as provided herein, and all fines collected for 
 the violation of the provisions hereof shall be paid into the state treasury and credited 
 to the game preservation fund. 
 
 License not transferable. 
 
 $ 7. Not more than'one license shall be issued to any one person for the same fiscal 
 year, except upon an affidavit by the applicant that the one issued has-been lost or 
 destroyed, and no license issued as herein provided shall be transferable or used by any 
 other person than the one to whom it was issued. 
 
 Must be exhibited on demand. 
 
 § 8. Every person having a license as provided herein, who while hunting refuses to 
 exhibit such license upon demand of any officer authorized to enforce the game and fish 
 laws of this state, or any peace officer of the state, shall be guilty of a misdemeanor; 
 and every person lawfully having such license, who transfers or disposes of the same to 
 another person to be used as a hunting license, shall forfeit the same. 
 
 Violation of act. 
 
 $ 9. Every person violating any of the provisions of this act, shall, upon conviction 
 thereof be punished by a fine of not less than ten, nor more than one hundred dollars, or 
 by imprisonment in the county jail for a term of not less than ten, nor more than one 
 hundred days, or by both such fine and imprisonment. 
 
 Act of 1907 repealed. 
 
 5 10, An act entitled "An act to regulate and license the hunting of game birds and 
 animals and to provide revenue therefrom for game preservation and restoration and to 
 make appropriation for the purpose of carrying out the objects of this act," approved 
 March 13, 1907, is hereby repealed, 
 
 $ 11. This act shall take effect and be in force on and after July 1st, 1909. 
 
 This act should be read in connection with 
 the "issuance for resale act of 1915." — See 
 Act 1692a. 
 
 1. Issuance by county clerk — Entitled to 
 retain fees. — Under section 2 of the act of 
 
 1909, relating to the issuance of hunting 
 licenses by county clerks, a county clerk 
 whose term of office commenced two years 
 after the act went into effect, is entitled to 
 retain his commission for licenses issued by
 
 837 GAMIS LAW S. Act 1690, §§ 1-3 
 
 him and accounted for and paid into the County of Sacramento v. Pfund, 165 Cal. 84, 
 
 state treasury, notwithstanding section 9, 88, 130 Pac. 1041. 
 
 article XI, of the constitution, and sections See, also. County of Alameda v. Cook, 32 
 4235 and 4290 of the Political Code, and the Cal. App. 165. 162 Pac. 405; County of Sac- 
 amendments thereto of 1911 (134, 251), con- ramento v. Chambers, 33 Cal. App. 142, 164 
 strued under section 325, Political Code.^ Pac. 613. 
 
 VOCATIONAL FISHING LICENSE ACT OF 1909. 
 
 ACT 1690 — An act to regulate the vocation of fishing, and to provide therefrom revenue 
 
 for the propagation, restoration and preservation of fish in the waters of the state of 
 
 California. 
 
 History: Approved March 13, 1909, Stats. 1909, p. 302. Amended 
 June 16, 1913. In effect August 10, 1913, Stats. 1913, p. 985; May 18, 
 1917. In effect July 27, 1917. Stats. 1917, p. 686. prior act of March 
 21, 1887, Stats, 1887, p. 233, superseded by the present act. 
 
 License required. 
 
 § 1. Every person who uses or operates or assists in using or operating, any boat, 
 net, trap, line or other appliance in the state for the purpose of catching or taking fish, 
 mollusks or crustaceans for profit, and every person using or operating, or assisting in 
 using or operating any boat, net, trap, line or other appliance for taking or catching fish, 
 mollusks or crustaceans, or who brings or causes said fish, mollusks or crustaceans to 
 be brought ashore at any point in the state for the purpose of selling the same as fresh 
 fish, without first procuring a commercial fishing license, is guilty of a misdemeanor. 
 [Amendment of May 18, 1917. In effect July 27, 1917. Stats. 1917, p. 686.] 
 
 Licenses prepared "by controller. Duty of president of commission. 
 
 $ 2. The controller of state shall prepare suitable licenses, of the classes designated 
 by the fish and game commissioners, which shall license the holder of such license to 
 catch or take fish, mollusks or crustaceans or to assist in catching or taking fish, mol- 
 lusks or crustaceans, as provided in section one of this act, for the term of one year 
 from the first day of April of one year to the first day of April of the year following. 
 The licenses shall be numbered consecutively, beginning with number one, and con- 
 tain blanks for the insertion of the name of the holder, his resident address, and his 
 description, by age, height, nationality and color of eyes and hair, which description 
 shall be furnished by the applicant to the board of fish and game commissioners. The 
 controller shall sign all licenses and deliver the same to the fish and game commissioners, 
 on demand, who shall be charged for the same by the controller. Each license, before 
 delivery to the applicant for a license, must be countersigned by the president of the 
 board of fish and game commissioners, and the president of the board of fish and game 
 commissioners shall execute a bond to the peoi^le of the state of California, in the sum of 
 two thousand dollars, for the faithful performance of the duties imposed upon him by 
 this act. [Amendment of May 18, 1917. In effect July 27, 1917. Stats. 1917, p. 687.] 
 
 Fee. Forfeiture of license. 
 
 ^ 3. Licenses shall be issued and delivered upon application to the state board of fish 
 and game commissioners, or their deputies. The license fee shall be ten doUnrs for each 
 person. Not more that [than] one license shall be issued to any one person for the 
 same year, except i;pon afTidavit by the applicant that the one issued has been lost or 
 destroyed, and no license issued as herein provided shall be transferable or used by any 
 other person than the one to whom it was issued. Every person having a license as 
 provided herein, who refuses to exhibit such license upon demand of any officer author- 
 ized to enforce the fish and game laws of this state, or any peace officer of this state, 
 or who transfers or disposes of tie same to another person to be used as a fi.^hornian'a 
 license, or who fails to have his license with him where it may be readily examined by
 
 Act 1C91, 8§ 1, 2 GENERAL, LAWS. 838 
 
 any oflSeer authorized to enforce the fish and game laws, at the time he is using or 
 operating or assisting in using or operating any net, trap, line or other appliance, or 
 who uses or assists in using any net, trap, line or other appliance by modes or methods 
 in violation of any law, for the preservation of fish and game shall forfeit this license. 
 [Amendment of May 18, 1917. In effect July 27, 1917. Stats. 1917, p. 687.] 
 
 This section was also amended June 16, 1913, Stats. 1913, p. 985. 
 
 Fees paid to whom. 
 
 § 4. The said license fees must be paid to the fish and game commissioners, or to 
 some one designated by them for that purpose. [Amendment of May 18, 1917. In 
 effect July 27, 1917. Stats. 1917, p. 687.] 
 
 Credited to preservation fund. 
 
 $ 5. The money collected from such licenses shall be paid by the commissioners into 
 the state treasury to the credit of the fish and game preservation fund. [Amendment 
 of May 18, 1917. In effect July 27, 1917. Stats. 1917, p. 687.] 
 
 Penalty. 
 
 § 6. The violation of any provisions of this act is hereby declared a misdemeanor, 
 and every person violating any of its provisions, shall, upon conviction thereof, be fined 
 in a sum not less than ten nor more than one hundred dollars, or by imprisonment in 
 the county jail for a term of not less than ten nor more than one hundred days, or by 
 both such fine and imprisonment; and all fines collected for any violation of any of the 
 provisions of this section shall be paid into the state treasury, to the credit of the fish 
 and game preservation fund. [Amended May 18, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 687.] 
 
 $ 7. All acts and parts of acts, so far as they conflict with this act, are hereby 
 repealed. 
 
 $ 8. This act shall take effect immediately . 
 
 1. Constitutionality — Right of fishery, — 2. Same. — Section 25 i^, article rv, of the 
 
 The act is not violative of section 25, article constitution expressly empowers the legis- 
 
 I, of the constitution, guaranteeing the lature to protect fish and prevent their ex- 
 
 rig-ht of fishery upon and from the public termination, and this act is appropriate for 
 
 lands of the state and the waters thereof, that purpose. — In re Parra, 24 Cal. App. 339, 
 
 and is valid. — In re Parra, 24 Cal. App. 339, 141 Pac. 393. 
 141 Pac. 393. 
 
 DEALERS' LICENSE ACT OF 1911. ^ 
 
 ACT 1691 — An act to regulate the vocation of dealing in fish and in wild game and ani- 
 mals by wholesale for profit and to provide therefrom revenue for the propagation 
 and restoration of fish and game in the state of California. 
 
 History: Approved April 14, 1911, Stats. 1911, p. 900. 
 
 License for fish dealers. 
 
 § 1. Every person engaged in the vocation of dealing in, buying and selling fish or 
 shellfish or wild game or animals by wholesale in this state, must first obtain a license 
 bef ox'e engaging in such vocation. 
 
 Controller to prepare license. Countersigned. 
 
 § 2. The controller of state shall prepare suitable licenses, of the classes designated 
 by the fish and game commissioners which shall purport to license the holder of such 
 license to buy, sell and deal in fish and shellfish and wild game and animals in this state 
 by wholesale for the term of one year from the first day of July of one year to the first 
 day of July of the year following. All licenses shall be numbered consecutively begin- 
 ning with number one and contain blanks for the insertion of the name of the holder,
 
 «39 GA9IE: LAWS. Act 1691, §§ 3-8 
 
 his residence, and place of business, which information shall be furnished by the appli- 
 cant to the board of fish and game commissioners. The controller shall sign all licenses 
 and deliver the same to the fish and game commissioners, on demand, who shall be 
 charged for the same by the controller. Each license, before delivery to tha applicant 
 for a license, must be countersigned by the president of the board of fish and game com- 
 missioners and the president of the board of fish and game commissioners shall execute 
 a bond to the people of the state of California in the sum of two thousand dollars for 
 the faithful performance of the duties imposed upon him by this act. 
 
 To whom issued. 
 
 $ 3. Licenses shall be issued and delivered upon application to the state board of fish 
 and game commissioners or their deputies. The licenses herein provided for shall be 
 issued as follows: To any citizen of the United States and to any person who has duly 
 made his declaration of intention to become a citizen of the United States as provided 
 by law, upon the payment of five dollars; to any person not a citizen of the United 
 States upon the pajonent of twenty dollars. Not more than one license shall be issued to 
 any one person for the same year, except upon an affidavit by the applicant that the one 
 issued has been lost or destroyed, and no license issued as herein provided shall be 
 transferable or used by any other person than the one to whom it was issued. Every 
 person having a license as provided herein, who refuses to exhibit such license upon 
 demand of any officer authorized to enforce the fish and game laws of this state, or any 
 peace officer of this state, or who transfers or disposes of the same to another person to 
 be used as a license, shall forfeit this license. 
 
 To whom fee is paid. 
 
 $ 4. The said license fees must be paid to the fish and game commissioners or to soma 
 one designated by them for that purpose. 
 
 Money collected from licenses, disposition of. 
 
 § 5. The money collected from the sale of such licenses shall be paid by the board of 
 fish and game commissioners into the state treasury to the credit of the fish and game 
 preservation fund. 
 
 Penalty for violation. 
 
 5 6. The violation of any provision of this act is hereby declared a misdemeanor, and 
 every person violating any of its provisions, shall, upon conviction thereof, be fined in 
 a sum not less than twenty nor more than five hundred dollars, or by imprisonment in 
 the county jail for a term of not less than ten nor more than one hundred days, or by 
 both such fine and imprisonment; and all fines collected for any violation of any of the 
 provisions of this section shall be paid into the state treasury to the credit of the fish 
 and game preservation fund. 
 
 $ 7. All acts and parts of acts in conflict with this act, are hereby repealed. 
 § 8. This act shall take effect immediately. 
 
 Modified, If not entirely superseded by Constitutionality of statute authorizing 
 
 the "state market commission act." — See summary forfeiture of property used in vlo- 
 Act 4875. lation of. — Brief in 65 L. R. A. 610. 
 
 GAME AND PISH LAWS. Construction of.— Brief in 36 L. R. A. 765. 
 
 As affecting interstate commerce. — 13 ^ 
 
 L. R. A. 804; briefs in 29 L. R. A. 715 and , ^''"^^ ^""^ unusual punishment for vlola- 
 
 33 L. R. A. 696. "°" °^-— ^^ L- R- A. 572. 
 
 As to sale of game and fish Imported. — Of various states. — 8 L. R. A. 448. 
 
 33 L. R. A. 696. Power of state as to. — Brief In 40 L. R. A. 
 
 Innof-ent violation of. — Brief in 29 L. R. A. 152. 
 
 ''15. Prohibiting guiding in fishing or forest
 
 Act 1601a, §g 1, a 
 
 GI^MiIRAL LAWS. 
 
 SiO 
 
 hunting without registration. — 50 L. R. A. 
 544. 
 
 Right of state to regulate talting of fish 
 and game. — Brief in 58 L. R. A. 95. 
 Fi8h La>vs. 
 
 Power of state to control and regulate 
 fisheries. — 53 Am. St. Rep. 293. 
 
 Regulations for preserving game. — 40 
 L. R. A. 151, 
 
 Restriction of consignment of game to 
 market by common carrier. — 32 L. R. A. 131. 
 
 Power of states to regulate taking of fish 
 in tide waters. — 23 Am. St. Rep. 837. 
 
 Right to fish on lands of another. — 13 
 Am. St. Rep. 416. 
 
 Ownership or property in fish. — 131 Am. 
 St. Rep. 751. 
 
 Right to take or catch fish. — 131 Am. St. 
 Rep. 752. 
 
 Power of state to regulate taking of fish 
 in tide water. — 23 Am. St. Rep. 837. 
 
 Property in fish, arises when. — 58 Am. St. 
 Rep. 187. 
 
 Gnnie Lairs. 
 
 Right to hunt on lands of another. — 13 
 Am. St. Rep. 416. 
 
 Applicable to game purchased on Indian 
 reservation. — 40 L. R. A. 759. 
 
 Carriers not in provision as to penalty. — 
 13 L. R. A. 33. 
 
 Constitutionality of laws protecting game. 
 — Note 42 Am. St. Rep. 138. 
 
 Validity of statute prohibiting importa- 
 tion of game during closed season. — 128 Am. 
 St. Rep. 534. 
 
 Contract for cold storage of game during 
 close season. — 40 L. R. A. 151. 
 
 Deer in large park; right of owner to kill 
 in close time. — 35 L. R. A. 279. 
 
 Following moose till snowbound and cap- 
 turing during close time. — 8 L. R. A. 448. 
 
 Game laws as affecting interstate com- 
 merce. — Brief in 53 L. R. A. 134. 
 
 Game laws; game as property of the state; 
 validity of statute authorizing summary 
 seizure and forfeiture to state of all guns, 
 etc., in actual use in violation of law. — 
 Brief in 65 L. R. A. 611. 
 
 Individual property in game; liability for 
 unlawful transportation of. — Brief in 9 
 L. R. A. 183. 
 
 Intent in killing game birds taken out of 
 state. — 13 L. R. A. 804. 
 
 Liability of carrier for transporting game. 
 —29 L. R. A. 714. 
 
 Taking carcasses from carrier during in- 
 terstate transportation. — 13 L. R. A. 33. 
 
 Possession during closed season; prior ac- 
 quisition. — Brief in 52 L. R. A. 803. 
 
 Power of state to impose restriction on 
 right to kill. — Brief in 51 L. R. A. 405. 
 
 Proiiibited possession of game killed in 
 other state. — 36 L. R. A. 765. 
 
 Prohibiting possession of quail during 
 closed season. — 51 L. R. A. 404. 
 
 Prohibiting transportation of game killed. 
 — 9 L. R. A. 138. 
 
 Protecting game by either general or 
 special laws. — 33 L. R. A. 114. 
 
 State act prohibiting killing of birds to 
 be taken from state. — 13 L. R. A. 804. 
 
 Third person liberating animal captured 
 during close time. — 8 L. R. A. 448. 
 
 As to shipping of Tvild grame by parcel 
 post. — See In re Phoedovius, 177 Cal. 238. 
 
 See, also, Kerr's Cyc. Penal Code, § 627b. 
 
 CANNERS' LICENSE ACT OF 1917. 
 ACT 1691a — An act to license canners, curers, preservers and packers of fish and 
 handlers of crustaceans and mollusks, and providing a revenue therefrom for the 
 conservation, propagation and restoration of fish in the state of California, and pro- 
 viding for a record of fish caught or received, and providing penalties for the viola- 
 tions of the provisions thereof, and repealing all acts and parts of acts in conflict 
 therewith. 
 
 History: Approved May 28, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1275. 
 
 Unlawful to can, etc., fish without license. 
 
 ^ 1. Any person in ibis state, who engages in the business of canning, curing, pre- 
 serving or packing fish, which are taken in the waters of this state or are brought into 
 this state in a fresh condition; or of manufacturing fish scrap, fish meal, fish oil, 
 chicken feed or fertilizer from fish or fish offal; or of dealing in mollusks or crusta- 
 ceans by wholesale, without first procuring a license for each plant or place of business, 
 is guilty of a misdemeanor. 
 
 Licenses prepared by controller. 
 
 $ 2. The controller of state shall prepare suitable licenses, of the classes designated 
 by the fish and game commissioners, which shall license the holder of such license to 
 can, cure, preserve or pack fish, to manufacture fish meal, fish oil and other products 
 from fish, and to deal in mollusks and crustaceans by wholesale in this state, (subject 
 to the restrictions provided by law) as provided in section one of this act, for the term
 
 ?41 GAME LAWS. Act IGOla, §§ 3-« 
 
 of one year, from the first day of July of one year to the thirtieth day of June of the 
 year following. All licenses shall be numbered consecutively, beginning with number 
 one and contain blanks for the insertion of the name of the holder, his residence, and 
 place of business, which information shall be furnished by the applicant to the board of 
 fish and game commissioners. The controller shall sign all licenses and deliver the 
 same to the fish and game commissioners, on demand, who shall be charged for the 
 same by the controller. Each license, before delivery to the applicant for a license, 
 must be countersigned by the president of the board of fish and game commissioners 
 and the president of the board of fish and game commissioners shall execute a bond to 
 the people of the state of California in the sum of two thousand dollars for the faithful 
 performance of the duties imposed upon him b3' this act. 
 
 Issued to whom. 
 
 § 3. Licenses shall be issued and delivered upon application to the state board of 
 fish and game commissioners or their deputies. The licenses herein provided for shall 
 be issued as follows : To any citizen of the United States and to any person who has 
 duly made his declaration of intention to become a citizen of the United States as pro- 
 vided by law, upon the payment of five dollars; to any person not a citizen of the 
 United States, upon the payment of twenty dollars. In case a license is lost or 
 destroyed, a duplicate may be issued to any licensee by the fish and game commission, 
 upon the affidavit by him that the one issued has been lost or destroyed. Every person 
 having a license as provided herein, who refuses to exhibit such license upon demand 
 of any officer authorized to enforce the fish and game laws of this state, or any peace 
 officer of this state, or who transfers or disposes of the same to another person to be 
 used as a license, shall forfeit this license. 
 
 Payment of fees. 
 
 § 4. The said license fees must be paid to the fish and game commissioners or to 
 some one designated by them for that purpose. 
 
 Record of fish purchased. Monthly statement to fish and game commission. 
 
 $ 5. Every person operating under a license as provided in section one of this act, 
 and every person dealing in fresh fish shall keep a book or books in which shall be 
 entered a full and correct record, in the English language, of all fresh fish purchased or 
 received by them from fishermen or taken by themselves, giving the names of the dif- 
 ferent species, and the mimber of pounds so received or caught of each different 
 species, and the name and address of the person or persons from whom such fish wei'e 
 received. Said book or books are to be open at all times for the inspection of members 
 of the fish and game commission or persons duly authorized by them. They shall also 
 render to the fish and game commission, on or before the tenth day of each month on 
 blanks to be furnished by the said fish and game commission, a true and cori-eet state- 
 ment showing the amount of each species of fresh fish, stated separately, so purchased, 
 received or caught during the previous month, together with the name and address of 
 the person or persons from whom such fish were received or purchased. Said monthly 
 statements are to be accompanied b}' an affidavit to the effect that the said report is a 
 true and correct statement of all the fish received from fishermen or caught by them- 
 selves during the time covered by the report. 
 
 Receipts to fishermen. 
 
 ^ 6. Every person operating under a license as provided in section one of this act, 
 and every person dealing in fish who receives fish from fishermen shall issue receipts 
 to the fishermen from whom fish are received and shall give in such receipt the date 
 of issuance, the name of the fisherman or fishermen to whom issued, the weight in 
 pounds of each varietj'^ of fish received, the price per pound paid to the fishermen, and 
 the signature of the dealer who issued the receipt. A duplicate manifold copy of this
 
 Act lC01a,g§ 7-10 GKNERAL, LAWS. S12 
 
 receipt shall be kept on file by the dealer issuing the same, for a period of six months 
 and the said duplicate copy shall be available for inspection at any time within sis 
 months, upon demand of the fish and game commission, or any duly authorized assistant 
 thereof. 
 
 Privilege tax. Quarterly report of fresh fish purchased. Affidavit. Forfeiture of 
 
 license. 
 
 § 7. Every person operating under a license, as provided in section one of this act, 
 shall, in addition to the license fee, pay a privilege tax of two and one-half cents for 
 each one hundred pounds, or fraction thereof, of fish purchased or received by them, 
 or fish caught or taken by themselves, with their own equipment; provided, that any 
 fish, excepting mollusks and crustaceans, so taken or received, which are utilized for 
 human consumption in its fresh state, shall not be subject to such tax; and provided, 
 further, that herring and buck shad shall also be exempt from the tax provided herein ; 
 and such person shall, in addition to making a monthly report as provided in section 
 five of this act, make a quarterly report to the fish and game commission, showing the 
 the total amount of fresh fish, in pounds, purchased, caught or received by them (for 
 purposes other than human consumption in its fresh state), and of mollusks and crusta- 
 ceans purchased or received by them from fishermen, or caught by themselves, whether 
 they be used fresh or othemdse, during the three months next preceding March thirty- 
 first, June thirtieth, September thirtieth, and December thirty-first of each year. 
 Blanks for this report shall be furnished by the fish and game commission, and such 
 report shall be rendered to the fish and game commission, not later than the fifteenth 
 day of the month following the months of March, June, September and December of 
 each year. Said reports shall be accompanied by an affidavit by the person or firm 
 purchasing, taking, catching or receiving such fish, to the effect that said report is a 
 true and correct record of all fish caught or received by them (for purposes other than 
 human consumption in its fresh state) ; and of all mollusks and crustaceans jDurchased 
 or received from fishermen, or caught by themselves, during the quarterly period 
 covered by the report. Upon the failure of any person operating under a license, as 
 provided in section one of this act, to pay the privilege^tax provided herein, said person 
 shall forfeit his license for a period of one year. Said privilege tax shall be paid to the 
 fish and game commission, or some one authorized by them,' within thirty days after 
 the close of each quarterly period. 
 
 Moneys used for conservation work. 
 
 § 8. All moneys collected from the sale of licenses and from the privilege tax on 
 fish, as herein provided, shall be paid to the fish and game commissioners, or some one 
 designated by them for that purpose and all moneys so collected shall be paid by the 
 fish and game commission into the state treasury, to the credit of the fish and game 
 preservation fund, and shall be expended on conservation work for the benefit of the 
 commercial fishing industries within the districts from which the revenues are derived. 
 
 Penalty for violation. 
 
 § 9. The violation of any of the provisions of this act is hereby declared a misde- 
 meanor, and every person violating any of its provisions, shall, upon conviction thereof, 
 be fined in a sum not less than one hundred nor more than five hundred dollars, or by 
 imprisonment in the county jail for a term of not less than twenty-five nor more than 
 one hundred and fifty days, or by both such fine and imprisonment; and all fines col- 
 lected for any violation of any of the provisions of this section shall be paid into the 
 state treasury, to the credit of the fish and game preservation fund. 
 
 Repealed. 
 
 § 10. All acts and parts of acts in conflict herewith are hereby repealed. 
 
 Modified by the "state market commission act," enacted at same session. — See Act 4875.
 
 S43 GAME LAWS. Act 1692, §§ 1-5 
 
 FISHING LICENSE ACT OF 1913. 
 
 ACT 1692 — An act to regulate and license the taking and catching of game fishes and 
 
 to define game fish and to provide revenue therefrom, for fish preservation and 
 
 restoration. 
 
 History: Approved June 16, 1913. In effect January 1, 1914. Stats. 
 1913, p. 986. Amended April 5, 1917. In effect July 27, 1917, Stats. 
 1917, p. 37. 
 
 License to take game fish. 
 
 ^ 1. Every person over the age of eighteen years who, in the state of California, 
 takes, catches, or kills any game fish for any purpose other than for profit, without 
 first procuring a license therefor, as provided in this act is guilty of a misdemeanor. 
 
 Licenses issued by county clerks. 
 
 § 2. Licenses granting the privilege to take, catch or kill game fishes for purposes 
 other than for profit, shall be issued and delivered, upon application, by the county 
 clerk of any of the counties of this state, or by the state board of fish and game com- 
 missioners, which board shall prepare suitable licenses of convenient form and size 
 
 and have printed or stamped thereon the words "Sporting Fishing License No. , 
 
 State of California, expires December 31, 19 — ," with the registration number and 
 appropriate year printed or stamped thereon, which said license shall be prepared 
 and furnished to the county clerks for their own disposition by the state board of 
 fish and game commissioners, which board shall take receipt therefor by number and 
 quantity, from the several county clerks and the county clerks shall be responsible 
 therefor, and shall account for the same to the controller of the state every three 
 months beginning with the first day of January of each year. For each license sold, 
 registered and accounted for by any person, excepting by a fish and game commis- 
 sioner, he shall be allowed as compensation, for his own use, out of the fish and game 
 preservation fund, ten per cent of the amount accounted for. 
 
 Fees for game fish license. 
 
 $ 3. Licenses as herein provided for shall be issued as follows : 
 
 First — To any citizen of the United States, over the age of eighteen years, v.ho is a 
 bona fide resident of the state of California, upon the payment of one dollar; provided, 
 that licenses shall be issued to veterans of the Civil War free of charge. 
 
 Second — To any citizen of the United States, over the age of eighteen years, not a 
 bona fide resident of the state of California, upon the payment of three dollars. 
 
 Third — To any person, not a citizen of the United States and over the age of eighteen 
 years, upon the payment of three dollars. [Amendment of April 5, 1917. In effect 
 July 27, 1917. Stats. 1917, p. 37.] 
 
 Facts given by applicant. 
 
 § 4. Every person applying for and securing a license as herein provided, shall 
 furnish to the county clerk and the state board of fish and game commissioners his 
 name and residence address, which information shall be by the clerk or board entered 
 in a book kept for that purpose, and provided by the state board of fish and game 
 commissioners, together with a statement of the date of issuance and the number of 
 the license issued to such person. Such applicant shall also furnish to the county 
 clerk or fish and game commissioners a written description of himself, by age, height, 
 nationality, and color of eyes and hair. 
 
 Life of license. 
 
 ^ 5. All licenses issued as herein provided shall be valid, and shall authorize the 
 person to whom issued to take, catch and kill game fishes in accordance with law, on
 
 Act 1C92, §§ C-12 GENERAL, LAWS. S44 
 
 and from the first day of January of the year in which such license is issued^ until 
 the date of expiration written or stamped thereon, but no license shall continue in 
 force for a period longer than one year, nor shall such license be issued to any person 
 unless the holder thereof shall agree to exhibit any game f.sh in his possession to any 
 regularly appointed deputy fish and game commissioner upon demand, said agreement 
 to be contained in said license. 
 
 Only one license to a person. 
 
 § G, Not more than one license shall be issued to any one person for the same 
 license year, except upon an affidavit by the applicant that the one previously issued 
 has been lost or destroyed, and no license issued as herein provided shall be trans- 
 ferable or used by any other person than the one to whom it was issued. 
 
 Must exhibit license or fish. 
 
 $ 7. Every person having a license as provided herein must exhibit such license, 
 or any game fish that may be in his possession, upon demand of any officer authorized 
 to enforce the fish and game laws of this state, or any peace officer of the state. 
 
 Game fish. 
 
 ^ 8. For the purposes of this act the folloAving only shall be considered game 
 fishes: Tuna, yellow-tail, jewfish or black sea bass, albicore, barracuda, bonita, rock 
 bass, California whiting, also known as corbina and surf-fish, yellow-fin croaker, spot- 
 fin croaker, salmon, steelhead and other trout, charr whitefish, striped bass and black 
 bass. 
 
 Penalty for false statement. 
 
 ^ 9. Every person who makes any false statement as to any of the facts required 
 by this act, for the purpose of obtaining a license, and every person violating any 
 of the provisions of this act shall be guilty of a misdemeanor and shall upon conviction 
 thereof be punished by a fine of not less than twenty-five, nor more than one hundred 
 dollars or by imprisonment in the county jail for a term of not less than ten days 
 nor more than one hundred days or by both such fine and imprisonment and shall 
 forfeit such license as may have been obtained, and uo new license shall be issued to 
 such person for the remainder of the license year. 
 
 Disposition of receipts. 
 
 $ 10, All moneys collected from the sale of licenses as provided in this act and all 
 fines and forfeitures imposed and collected for the violation of any of the provisions 
 thereof, shall be paid into the state treasury to the credit of the fish and game preser- 
 vation fund. 
 
 Not applicable to game commission. 
 
 ^ 11. Nothing in this act shall apply to any deputy or employee of the California 
 fish and game commission while employed in taking fish for scientific purposes or for 
 the purposes of propagation under the direction of said commission. 
 
 In effect. 
 
 § 12. This net shall take effect January 1. 1914, 
 
 This act should be r4>ud in connection witli the "issuance for resale act" of 1915. — See 
 Act 1692a.
 
 645 GAME LAIIVS. Act 1692a, §§ 1-3 
 
 ISSUANCE FOR RESALE ACT OF 1915. 
 ACT 1692a — An act to regulate the issuance of licenses for resale to hunters and 
 anglers. 
 
 History: Approved May 20, 1915. In effect August 8, 1915. Stats. 
 1915, p. 685. Amended April 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 40; May 18, 1917. In effect July 27, 1917. Stats. 1917, p. 663. 
 
 Who may issue hunting and fishing licenses. 
 
 $ 1. Licenses granting the privilege to take, catch, hunt or kill fishes, wild mam- 
 mals or wild birds shall be issued and delivered, upon application in writing, by the 
 county clerk of any of the counties of the state, or by the state board of fish and game 
 commissioners, or by the persons duly appointed and authorized by any such county 
 clerk or the board of fish and game commissioners. [Amendment of May 18, 1917. 
 In effect July 17, 1917. Stats. 1917, p. 663.] 
 
 This section was also amended April 5, 1917, Stats. 1917, p. 40. 
 
 Compensation for sale of licenses. 
 
 § 2. For each license sold, registered and accounted for by any person, except by a 
 fish and game commissioner or a deputy or assistant fish and game commissioner paid 
 a salary in full for his services to the state, he shall be allowed as compensation, for 
 his own use, out of the fish and game preservation fund, ten per cent of the amount or 
 amounts accounted for by him. [Amendment of May 18, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 663.] 
 
 This section was also amended April 5, 1917, Stats. 1917, p. 40. 
 
 Bond. 
 
 $ 3. Every person aiathorized to issue and sell licenses under the provisions of this 
 act shall, when required by said board of fish and game commissioners, execute to the 
 fish and game commission a good and sufficient bond in a sum equal to the value of 
 such licenses so delivered to such person to be sold as herein provided, to secure the 
 faithful accounting and payment to the fish and game commission of the funds eollected 
 from the sale of such licenses and the faithful performance of the duties imposed upon 
 him by this act, and said board of fish and game commissioners is hereby authorized 
 and empowered to pay the premium on such bond out of the fish and game preserva- 
 tion fund. [Amendment of May 18, 1917. In eff'eet July 27, 1917. Stats. 1917, p. 
 663.] 
 
 This act was also amended April 5, 1917 (in effect July 27, 1917j Stats. 1917, p. 40), 
 to read as follows: 
 
 Who may issue hunting and fishing licenses. 
 
 ^ 1. Licenses granting the privilege to take, catch, hunt or kill fishes, wild mam- 
 mals or wild birds shall be issued and delivered, upon application in writing, by 
 the county clerk of any of the counties of the state, or by the state board of fish and 
 game commissioners, or by the persons duly appointed and authorized by the said 
 county clerks or the board of fish and game commissioners. 
 
 Compensation for sale of licenses. 
 
 $ 2. For each hunting or angler's license sold, registered and accounted for by any 
 person, except by a fish and game commissioner or a deputy or assistant fish and game 
 commissioner paid a salary in full for his services to the state, he shall be allowed as 
 compensation, for his own use, out of the fish and game preservation fund, ten per 
 cent of the amount or amounts accounted for by him, and for each market fishermen's 
 license hereunder fifty cents.
 
 Act 1693, §§ 1-4 GBNBRAL LAWS. 810 
 
 FISH PROPAGATORS ' LICENSE ACT OF 191L 
 
 ACT 1693 — An act to authorize and regulate the possession, use, transportation and 
 
 sale of trout or other fish, by persons engaged in the husiness of propagating and 
 
 rearing such fish, and by persons who transport such fisli, and by persons who 
 
 purchase fish so reared. 
 
 History: Approved March 17, 1911, Stats. 1911, p. 378. Amended 
 May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 940. 
 
 Fish culture. 
 
 § 1. Any citizen of the state of California who owns or leases land held in private 
 ownership may establish and maintain thereon ponds for the culture and propagation 
 of trout or other fish subject to all of the provisions contained in this act. 
 
 Application for license. 
 
 $ 2, Every citizen desiring to propagate and raise domesticated trout or other 
 domesticated fish in any artificial body of water or private hatchery shall file with the 
 fish and game commission a written ajjplication for a license so to do. Said applica- 
 tion shall state the name, residence and place of business of the applicant and shall 
 set forth the exact description of the land upon which said artificial body of water or 
 private hatchery is to be located and the applicant's title to said land and the kind 
 and number of fish desired to be kept therein. Said application shall be accompanied 
 by a fee of five dollars, which, if such application be granted, shall be paid into the 
 state treasury by the state fish and game commission to the credit of the fish and game 
 preservation fund. [Amendment of May 16, 1917. In effect July 27, 1917. Stats. 
 1917, p. 941.] 
 
 No outlet or inlet. 
 
 $ 3. All artificial bodies of water or private hatcheries in which domesticated trout 
 or other domesticated fish may be propagated and raised under the provisions of this 
 act shall be entirely within the exterior boundaries of the land owned or leased by the 
 applicant for said license and there shall be no natural inlet or outlet for the waters 
 contained therein. All artificial inlets and outlets of said artificial bodies of water or 
 private hatcheries must be screened to prevent the ingress or egress of fish to or from 
 any natural body of water. [Amendment of May 26, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 941.] 
 
 Granting of license. 
 
 $ 4. Upon the receipt of said application the state board of fish and game commis- 
 sioners shall make an examination of the land and waters described in the said appli- 
 cation. All the expenses of the said examination shall be borne by the applicant. If 
 it shall appear that the aforesaid artificial body of water or private hatchery has been 
 constructed and screened according to the provisions of this act and the application 
 is in other respects proper and reasonable, the said fish and game commission shall 
 grant to such applicant a license to propagate and raise domesticated trout or other 
 domesticated fish mentioned in the application and to possess said domesticated trout 
 or other domesticated fish during the entire calendar year. The license shall be posted 
 or displayed in a conspicuous place on the land described in the application and shall 
 expire on the last day of December in each year at midnight. 
 
 Permit to import domesticated fish. 
 
 Upon obtaining a permit from the fish and game commission domesticated trout or 
 other domesticated fish raised in a regularly licensed hatchery under the laws of any 
 other state may be imported into this state, transported, sold or offered for sale during 
 the entire calendar year upon the payment of a fee of five dollars per yearj provided, 
 
 1.
 
 S47 game: LAAVS. Act 1693, §§ 5-10 
 
 that such imported domesticated trout or other domesticated fish shall be duly tagged 
 in accordance with the rules and regulations to be prescribed by the fish and game 
 commission. The permit issued under the provisions of this act shall be posted in a 
 conspicuous place in the principal place of business of the person importing such fish 
 and shall expire on the last day of December in each year at midnight. [Amendment 
 of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 941.] 
 
 Domesticated fish may be sold during year. 
 
 § 5. Domesticated trout or other domesticated fish propagated and raised in this 
 state under the license granted in accordance with the provisions of this act may be 
 transported, sold or offered for sale during the entire calendar year when duly tagged 
 according to the rules and regulations to be prescribed by the fish and game commission. 
 [Amendment of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 942.) 
 
 Tags. 
 
 $ 6. The fish and game commission will furnish to each person to whom a license or 
 a permit has been issued under the provisions of this act metallic tags inscribed with 
 the letters "C. F. & G. C." Each applicant shall pay to the fish and game commission 
 for such tags the actual cost of said tags. One of each of said tags shall be affixed 
 to each domesticated trout or other domesticated fish raised under the provisions of 
 this act and transported, sold or offered for sale and said tag shall remain so affixed 
 until said domesticated trout or other domesticated fish has been prepared for con- 
 sumption. The possession of any domesticated trout or other domesticated fish without 
 such tag affixed thereto shall be a violation of this act. Only tags so furnished shall 
 be used; no tag shall be used more than once. [Amendment of May 26, 1917. In 
 effect July 27, 1917. Stats. 1917, p. 942.] 
 
 Live trout transported. 
 
 § 7. Live trout, for propagation purposes only, may be transported when accom- 
 panied by a permit issued by the fish and game commission, and not otherwise. [Amend- 
 ment of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 942.] 
 
 Marking of package. 
 
 § 8. Before any domesticated trout, or other domesticated fish named in the afore- 
 said license or permit, are shipped or transported, the package in which the same are 
 contained must have affixed thereto a tag on which shall be plainly marked the number 
 of pounds and kind of fish contained therein, together with the name and address of the 
 consignee and the consignor, the initial point of billing and the point of destination. 
 [Amendment of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 942.] 
 
 Sale of domesticated fish. 
 
 § 9. Any person may buy, sell or have in possession for sale for use as food at any 
 season of the year any trout, or other domesticated fish, artificially propagated and 
 kept; and provided, also, that the same is tagged as hereinbefore provided. The tag 
 shall be removed only by the consumer, and when removed shall be destroyed. [Amend- 
 ment of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 942.] 
 
 Report to fish and game commission. 
 
 $ 10. Every person receiving a license, as aforesaid, to propagate and raise trout, 
 or other domesticated fish, shall make a written report to the fish and game commis- 
 sion on or before December thirty-first of each year, stating the number and variety of 
 trout, or other fish named in the permit, sold or exchanged, or given away, for use as 
 food, or for propagation or exhibition during the preceding year. [Amendment of 
 May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 943.]
 
 Act 1693a, S 1 GENERAL LAAVS. 848 
 
 Public nuisance. 
 
 ^ 11. Any lake, pond, or any body of water maintained in violation of this act shall 
 be deemed a continuing public nuisance, and may be abated as provided by law for the 
 abatement of public nuisances, and each day the same is maintained in violation thereof 
 shall be deemed a separate offense. [Amendment of May 26, 1917. In effect July 27, 
 1917. Stats. 1917, p. 943.] 
 
 Penalty for violation. License revoked. 
 
 § 12. The violation of any of the provisions of this act is hereby declared a misde- 
 meanor and every person violating any of its provisions shall, upon conviction thereof, 
 be fined in a sum not less than twenty-five dollars, or by imprisonment in the county 
 jail for a term of not less than twenty days, or by both such fine and imprisonment; 
 and all fines collected for any violation of any of the provisions of this act shall be 
 paid into the state treasury, to the credit of the fish and game preservation fund. 
 
 If any person to whom such license or permit shall have been issued, under the 
 provisions of this act, shall be convicted of a violation of any of the fish and game 
 laws of this state, the state board of fish and game commissioners may revoke the 
 license or permit of such person and thereafter no similar license or permit shall be 
 issued to such person. [Amendment of May 26, 1917. In effect July 27, 1917. Stats. 
 1917, p. 943.] 
 
 § 13. [This section is not referred to in the amending act, but appears as section 11, 
 as amended.] 
 
 § 14. [This section is not referred to in the amending act, but it appears as the 
 first paragraph of section 12, as amended.] 
 
 $ 15. This act shall take effect immediately. 
 
 Editor's note: The amendatory act of made to form practically new sections. For 
 1917 omits any mention of sections thirteen this reason, the original sections thirteen 
 and fourteen, although section thirteen is and fourteen are omitted, although nomi- 
 incorporated in section eleven, and section nally, they are still in force, 
 fourteen in section twelve, as amended. It 1. Employee of trout farm not in ex- 
 seems obvious that it was the legislative eluded class under "workmen's compensa- 
 purpose, by the amendatory act, to amend tion act." — An employee of one engaged 
 the original act entirely, except the title in tlie propagation of trout under this act, 
 and section one and to make a new act with is not excluded, as a farm laborer, from 
 twelve instead of fourteen sections. Several the benefits of the workmen's compensation 
 sections and parts of sections of the original act of 1917. — Krobitzsch v. Industrial Ac- 
 act were consolidated, and, with new matter, cident Commission (Cal.), 185 Pac. 396. 
 
 PARASITIC FISH ACT. 
 ACT 1693a — An act to provide for the protection of fish and to prevent the introduc- 
 tion into this state of parasitized, infected or diseased fish, shellfish, mollusks, crusta- 
 ceans, amphibians, aquatic plants or aquatic animal life, and declaring the same to 
 be a public nuisance and authorizing the summary destruction of same ; providing for 
 a quarantine, for the enforcement of this act, and making a violation of the terms of 
 this act a misdemeanor and providing for a penalty therefor. 
 
 History: Approved April 9, 1919. In effect July 22, 1919. Stats. 
 1919, p. 59. 
 
 Importation and transportation of diseased fish, etc. Notice to commission. Penalty. 
 
 § 1. Any person, firm or corporation, who, for the purpose of propagation, receives, 
 brings in, or causes to be brought into the state of California, any fish, shellfish, crus- 
 tacean, amphibian, mollusk, or the ova of any fish, shellfish, crustacean, amphibian or 
 mollusk, or any aquatic plant, or the seeds of any aquatic plant, from any state, dis- 
 trict or foreign country, wherein any infected, diseased or parasitized fish, shellfish, 
 crustaceans, amphibians, mollusks or aquatic plants are known to exist, or who carries 
 
 I
 
 849 GAME LAWS. Act 1693a. §§ 2-4 
 
 or causes to be carried from one point in this state which has been posted according to 
 the provisions of this act to any other point in this state any infected, diseased or 
 parasitized fish, shellfish, crustacean, amphibian or mollusk, or the ova of any such 
 infected, diseased or parasitized fish, shellfish, crustacean, amphibian or mollusk, aquatic 
 plant or seeds of such aquatic plant; any person, firm or corporation who receives, 
 ^brings or causes to be brought into the state of California for the purpose of propaga- 
 tion any fish, shellfish, crustacean, amphibian, mollusk, aquatic plant or the seeds of any 
 aquatic plant or the ova of any fish, shellfish, crustacean, amphibian or mollusjj before 
 notifying the board of fish and game commissioners of the probable date of arrival of 
 such fish, shellfish, crustacean, amphibian, mollusk, aquatic plant or the seeds of any 
 aquatic plant, or who places or causes or suffers to be placed any fish, shellfish, crus- 
 tacean, amphibian, mollusk, aquatic plant or the seeds of any aquatic plant or the ova 
 of any fish, shellfish, crustacean, amphibian or mollusk, in or into any private or public 
 waters of this state before inspection by the state fish and game commission, shall be 
 guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred 
 dollars, or be imprisoned in the county jail of the county in which the conviction shall 
 be had, not less than fifty days, or by both such fine and imprisonment. 
 
 All fines and forfeitures imposed and collected for any violation of any of the pro- 
 visions of this act shall be paid into the state treasury, to the credit of the fish and game 
 preservation fund. 
 
 Inspection by commission. 
 
 $ 2. The board of fish and game commissioners, or any deputy fish and game 
 commissioner, is hereby authorized to enter at any time any car, warehouse, depot 
 or upon any ship, within the boundaries of the state of California, whether in the 
 stream, or at the dock, wharf, depot, mole, or any other place, where such fish, shell- 
 fish, mollusks, amphibians, crustaceans, aquatic plants, or the seeds of any such 
 aquatic plants, or ova of such fish, shellfish, mollusks, amphibians or crustaceans 
 are held or stored, for the purpose of making an investigation or examination to 
 ascertain whether such fish, shellfish, mollusks, amphibians or crustaceans, aquatic 
 plants or the seeds of any aquatic plants, or ova of such fish, shellfish, mollusks or 
 amphibians are infected, diseased or parasitized. 
 
 Destruction of diseased fish, etc. 
 
 $ 3. If, after such examination or inspection of any of said fish, shellfish, mollusks, 
 amphibians, crustaceans, aquatic plants or the seeds of any aquatic plant, or ova of 
 such fish, shellfish, mollusks, amphibians or crustaceans, the same are found to be 
 infected, diseased or parasitized as aforesaid, then the same are hereby declared to be 
 a public nuisance, and it shall be the duty of the state fish and game commissioners 
 to summarily destroy said infected, diseased or parasitized fish, shellfish, mollusks, 
 amphibians, crustaceans, aquatic plants or the seeds of any aquatic plants, or ova 
 of such fish, shellfish, mollusks, amphibians or crustaceans. 
 
 Reshipment of diseased fish, etc 
 
 $ 4. If, after such examination or inspection of any of said fish, shellfish, mollusks, 
 amphibians, crustaceans, aquatic plants or the seeds of any aquatic plant, or ova of 
 such fish, shellfish, mollusks, amphibians or crustaceans, such fish, shellfish, mollusks, 
 amphibians, crustaceans, aquatic plants, or the seeds of any aquatic plant, or ova of 
 such fish, shellfish, mollusks, amphibians or crustaceans, shall be deemed to be dele- 
 terious to any fish, aquatic plant or aquatic animal life of this state, it shall be the duty 
 of the owner, person, firm or corporation having charge or possession thereof to reship 
 said fish, shellfish, mollusk, amphibian, crustacean, aquatic plant or seeds of any 
 aquatic plant, or ova of such fish, shellfish, mollusks, amphibians or crustaceans, within 
 
 Gen. Laws — 54
 
 Act lC93b, g 1 GENERAL, LAWS. 850 
 
 the time ordered by the fish and game commission, or said fish, shellfish, mollusks, 
 amphibians, crustaceans, aquatic plants or seeds of any aquatic plant, or ova of such 
 fish, shellfish, mollusks, amphibians or crustaceans, shall be destroyed by said fish 
 and g-ame commission. 
 
 Notice of diseased areas to he posted and pulDlished. Expense of inspection. Tag on 
 
 package containing fish, etc. 
 
 § 5, If upon examination by the fish and game commission, infected, diseased or 
 parasitized fish, shellfish, mollusks, amphibians, crustaceans, or aquatic plants, are 
 found growing within this state, the said fish and game commission shall post notices 
 describing as nearly as possible, the boundaries of such areas within which said infected, 
 diseased or parasitized fish, shellfish, mollusks, amphibians, crustaceans, or aquatic 
 plants are found, and shall state the period during which the taking, carrying and 
 transportation of said infected, diseased or parasitized fish, shellfish, mollusks, am- 
 phibians, crustaceans, or aquatic plants, from said area shall be unlawful. The fact 
 of posting of said notices shall be published once a week for four successive weeks in 
 some newspaper of general circulation in the county in which said infected area is 
 situated, and, if there be no such newspaper in said county, then in a newspaper of 
 general circulation published in an adjoining county. 
 
 The expense of any inspection or examination made necessary by the provisions of 
 this act, shall be borne by the owner or owners of said fish, shellfish, mollusks, am- 
 phibians, crustaceans, aquatic plants or the seeds of any aquatic plant, or ova of such 
 fish, shellfish, mollusks, amphibians, and crustaceans, or the person or persons importing 
 same into this state. 
 
 Each package containing such fish, shellfish, mollusks, amphibians, crustaceans, 
 aquatic plants or the seeds of any aquatic plants, or ova of such fish, shellfish, mollusks, 
 amphibians and crustaceans, must bear in a conspicuous place a tag containing the 
 name and residence of the consignor and the name and residence of the consignee, and 
 the exact contents of each package. 
 
 Repealed. 
 
 § 6. All acts or parts of acts inconsistent with any of the provisions of this act are 
 hereby repealed. 
 
 Oysters exempt. 
 
 § 7. None of the provisions of this act shall apply to oysters. 
 
 COMMERCIAL FISHERY STATISTICS. 
 ACT 169313 — An act empowering the state fish and game commission to collect statisti- 
 cal data of the commercial fisheries and to make investigations for the purpose of 
 gaining knowledge for the conservation of the fisheries; providing a system for 
 obtaining an accurate record of each variety of fish caught; providing for the regis- 
 tration of fishing boats and their fishing equipment, and providing penalties for vio- 
 lations of this act. 
 
 History: Approved May 25, 1919. In effect July 25, 1919. Stata. 
 1919, p. 1201. 
 
 Data of commercial fisheries to he gathered. 
 
 § 1. It shall be the duty of the fish and game commission to gather data of the 
 commercial fisheries and to prepare the data so as to show the real abundance of the 
 most important commercial fishes; to make such investigations of the biology of the 
 various species of the fish as will guide in the collection and preparation of the sta- 
 tistical information necessary to determine evidence of overfishing; to make such 
 
 <
 
 851 GAME LAWS. Act IGOSb, §§ 2-4 
 
 investigations as will bring to light as soon as possible those evidences of overfishing 
 as are shown by changes in the age groups of any variety of fish; to determine what 
 measures may be advisable to conserve any fishery, or to enlarge and assist any fishery 
 where that may be done without danger to the supply. 
 
 Record of fish, etc., received from fishermen. When fish dealer, etc., catches own fish. 
 $ 2. Every person, firm or corporation engaged in the business of buying, canning, 
 curing or preserving fish, or manufacturing fish meal, fish oil or fish fertilizer, or dealing 
 in fish, mollusks or crustaceans, shall make a legible record in the form of a receipt, 
 said record to be in triplicate carbon copies and on forms to be furnished by the fish 
 and game commission, which shall show the name of the fisherman and boat or the 
 dealer from which the fish, mollusks, or crustaceans were received, together with the 
 date received, the weight of the fish, mollusks or crustaceans by species, the price 
 received by the fishermen and the name of the person receiving same. 
 
 It shall be stated in the record for what use the fish are intended, whether to be 
 sold fresh or whether they are to be canned, cured, made into fish meal or fertilizer, or 
 any other disposition is to be made of them, or if a commercial distinction is made 
 between different sizes or qualities of any species or variety, it must be so stated on said 
 record or receipt, and the record shall also state if the fish were taken in foreign waters, 
 or in the high seas off another state or foreign country. The names used in the record 
 for designating the variety or species of fish handled must be the name which is in com- 
 mon usage, and the fish and game commission shall have the power to decide what is 
 the common usage name of any variety. 
 
 The original copy of this record shall be delivered to the fisherman at the time of 
 the purchase or receipt of the fish, the duplicate copy shall be kept by the dealer or 
 person receiving the fish and the triplicate copy shall be delivered to the fish and game 
 commission or any duly authorized assistant thereof. 
 
 Where a fish dealer, canner or preserver catches his own fish he shall fill out the 
 above record as required when he purchases the fish from fisherman or dealer or if 
 it so desires the fish and game commission may furnish a separate form for such cases. 
 It shall be the duty of the fish and game commission to preserve all such records of the 
 fisheries as are obtained by it in places adequately safeguarded from fire or other 
 destructive agencies and such records are to be kept in such manner as to render them 
 accessible for reference or research, the intention being to guard against the destruc- 
 tion or such neglect of the records as will detract from their future value. 
 
 Record of fish caught. 
 
 $ 3. Any master of any otter or beam trawl, paranzella net or similar gear taking 
 fish in the public waters of this state, or taking fish by such nets without the state and 
 bringing the same within the state, shall keep a record in a book, to be furnished by 
 said fish and game commission, stating the time and place of each haul made on each 
 trip, the duration of the haul and approximate catch according to species or variety 
 made in each haul, the time of the voyage and the total catch by species as weighed out 
 when landed; 'provided, further, that where the owner of the vessel or boat is the 
 dealer selling such fish, the information must be kept by the dealer in a form approved 
 by the fish and game commission. 
 
 Annual statement of fish canneries. 
 
 § 4. Every person, firm or corporation engaged in the business of canning, curing or 
 preserving fish or manufacturing fishery products from fish or fish offal, shall render 
 on or before the fifteenth day after the last day of each calendar year for the preced- 
 ing year, a statement on forms to be furnished by the board of fish and game com-
 
 ActlC93c, §1 GENERAL LAWS. 852 
 
 missioners, showing name of person, firm or corporation, location of plant, kind of 
 business, capital invested, number of persons employed, number of months operating, 
 the amount and kind of fishery products canned, preserved or manufactured. 
 
 Annual statement of fishing boat owners. 
 
 ^ 5. Every person, firm or corporation owning or operating any boat engaged in 
 the business of fishing for profit in the public waters of this state or who catch fish 
 without the state and bring them into the state, shall on or before April first of each 
 calendar year, file with the board of fish and game commissioners on a form to be pro- 
 vided by the fish and game commission, a statement giving the dimensions of the lishing 
 boat or boats operated by said person, firm or corporation, together with the motive 
 power, number in crew, equipment and description of fishing gear. 
 
 Right to enter premises. Penalty. 
 
 § 6. The board of fish and game commissioners or their duly appointed agent shall 
 have the right to board any fishing boat, or enter any place of business where fish are 
 sold fresh, or canned, or cured, or any reduction works, or place of business where 
 fish meal is made, and to examine any and all books and records containing any account 
 of fish caught, bought or sold. 
 
 Every person violating any of the provisions of this act, or who fails to permit an 
 inspection as provided in section six of this act, or refuses to produce any books or 
 records containing any record of fish bought or sold shall be guilty of a misdemeanor 
 and punished by a fine not less than one hundred dollars, nor more than five hundred 
 dollars, or imprisoned in the county jail in the county in which the conviction shall 
 be had, not less than fifty days, nor more than six months, or by both such fine and 
 imj^risonment. All fines and forfeitures imposed and collected under this act shall be 
 paid into the state treasury to the credit of the fish and game preservation fund. 
 
 FISH SUPPLY CONSERVATION. 
 
 ACT 1693c — An act to conserve the fish supply in California by empowering the fish 
 
 and game commission to regulate and control the handling of fish or other fishery 
 
 products for the purpose of preventing deterioration or waste; to establish grades 
 
 to which the fish or other fishery products offered for delivery to canners or 
 
 preservers or to the fresh fish market must conform; to make regulations to insure 
 
 the proper handling and delivery of fish or fishery products to canners, preservers or 
 
 fresh fish dealers; to regulate and control the use of fish or other fishery products 
 
 for reduction purposes, and to provide penalties for any violation of any of the 
 
 provisions of this act. 
 
 History: Approved May 25, 1919. In effect July 25, 1919. Stats. 
 1919, p. 1203. 
 
 Jurisdiction over fish industry. 
 
 $ 1. The fish and game commission is hereby vested with jurisdiction to regulate 
 and control fishing boats, barges, lighters or tenders, commercial fishermen, fish can- 
 ners, packers or preservers, fish reduction plants, dealers in fish, mollusks or crusta- 
 ceans or other fishery products, in so far as it may be necessary to inSure the taking, 
 catching and delivery of the fish or other fishery products in a wholesome and sanitary 
 condition to canning, packing and preserving plants or to any fresh fish dealer, and 
 to prevent deterioration and waste of fish or other fishery products. Any fish and 
 game commissioner or duly appointed assistant or employee of the fish and game com- 
 mission shall have the authority to enter any canning, packing, preserving or reduction 
 plant, or place of business where fish or other fishery products are packed or preserved, 
 bought or sold, or to board any fishing l)oat, barge, lighter or tender for the purpose 
 of carrying out the provisions of this act. 
 
 I
 
 So3 GAME LAWS. Act 1693c, §§ 2-6 
 
 Establishment of grades. 
 
 § 2. The fish and game commission may establish grades for different varieties of 
 fish or other fishery products, which said grades must be reached and conformed to 
 by the commercial fishermen who deliver fish or other fishery products to canners, 
 packers or preservers of fish or to fresh fish dealers, or to reduction plants, and every 
 canner, paclier or preserver of fish or fish dealer or owner of reduction plant must 
 conform to such grade. 
 
 Enforcement. 
 
 § 3. The fish and game commission is hereby vested with full power, authority and 
 jurisdiction to make and enforce such regulations as may be necessary or convenient 
 for carrying out any power, authority or jurisdiction conferred under this act. 
 
 Disposal of waste. 
 
 $ 4. No person, firm or corporation engaged in the business of catching, buying, 
 selling, canning, packing or preserving fish, shall suffer or permit, or cause any pre- 
 ventable deterioration, or wilfully do any act that might cause deterioration or waste 
 of any fish caught or taken within or without the waters of this state and brought into 
 this state, and no person, firm or corjjoration engaged in the business of catching, buy- 
 ing, selling, canning, packing or preserving fish or other fishery products shall sell or 
 offer for sale or delivery, or deliver any fish or other fishery products, to any reduction 
 plant or divert fish or other fishery products for reduction purposes without first hav- 
 ing written permission from the fish and game commission, and no reduction plant 
 shall accept or receive any fish, other than fish offal, from any person, firm or corpora- 
 tion without such written permission. 
 
 Canneries, etc., may not take more fish than can "be handled. 
 
 $ 5. No person, firm or corporation engaged in the business of taking or catching 
 fish or other fishery products shall take, catch or kill more fish or other fishery prod- 
 ucts than the boat or boats operated by said person, firm or corporation can handle 
 without preventable deterioration, waste or spoilage, and no person preserving fish or 
 other fishery products shall accept or receive or agree to accept or receive more fish 
 or other fishery products than the canning, packing or preserving plant or plants of 
 such person, firm or corporation can handle without preventable deterioration, waste or 
 spoilage, and no person dealing in fish shall take, catch or kill, accept or receive, or 
 agree to accept or receive, more fish or other fishery products than such person, firm 
 or corporation is able to handle without preventable deterioration, waste or spoilage. 
 
 Complaint of violation of act. Hearing. 
 
 § 6. Complaint may be made by any officer charged with the enforcement of the fish 
 and game laws, or any person having knowledge of a violation, against any person, firm 
 or corporation violating any of the provisions of this act or violating any of the rules 
 or regulations made by the fish and game commission under the provisions of this act. 
 Said complaints shall be in writing, setting forth the particular offense charged to have 
 been committed, a copy of which shall be filed with the board of fish and game commis- 
 sioners and a copy served on said offender, together with a notice setting forth the time 
 and place of hearing, which hearing must be held in the county in which said violation 
 is alleged to have been committed. The person, firm or corporation charged must appear 
 and answer either in person or by attorney, and either orally or in writing, within five 
 days after notice having been served. If tlie person charged fails to apjDcar or a^jpears 
 and denies the charge, the board of fish and game commissioners or any deputy or 
 employee appointed by said board of fish and game commissioners to take testimony, 
 shall proceed to hear the testimony oft'ered and if the person, firm or corporation so 
 charged is found guilty of the offense charged, the board of fish and game commissioners
 
 Act 1G04 GENERAL LAWS. S34 
 
 may suspend for a period not to exceed ninety days, any license issued by any state 
 board or officer to such person, firm or corporation, to take, catch, kill, buy, sell, can 
 or preserve fish or fishery products, and no license shall be issued during such period 
 of suspension. 
 
 Each member of the board of fish and game commissioners or any of the deputies or 
 employees designated to take testimony at the hearing provided herein shall have power 
 to administer oaths, take affidavits and issue subpoenas for the attendance of witnesses 
 at such hearing. 
 
 Superior court may compel attendance of witnesses. 
 
 The superior court in and for the county, or city and county in which any proceeding 
 may be held under the authority of this section, shall have power to compel the attend- 
 ance of witnesses, the giving of testimony, and the production of papers, as required 
 by any subpoena issued under authority of this section. The fish and game commission, 
 or representative of the commission before whom the testimony is to be given or pro- 
 duced may in the case of refusal of any witness to attend or testify or produce any 
 papers required by such subpoena, report to the superior court in which the proceeding 
 is pending by petition setting forth that due notice has been given of the time and place 
 of the attendance of said witness or the production of said papers and that the witness 
 has been summoned in the manner prescribed in this act and that the witness has failed 
 and refused to attend or produce the papers required by the subpoena before the com- 
 mission or its representatives, in the case or proceeding named in the notice of time 
 and place of hearing and subpoena, or has refused to answer questions propounded to 
 him in the course of said proceeding, and ask an order of said court to compel the 
 witness to attend and testify or produce said papers before the commission or its 
 representatives. 
 
 Order directing witness to appear. 
 
 The court upon the petition of the commission or its representatives, shall enter an 
 order directing the witness to apear before the court at any time and place to be fixed 
 by the court in such order, the time to be not more than ten days from the date of the 
 order, and then and there show cause why he has not attended and testified or produced 
 said papers before the commission or its representatives. A copy of said order shall 
 be served upon said witness. If it shall appear to the court that said subpoena was 
 regularlv issued by the commission or its representatives the court shall thereupon enter 
 an order that said witness shall appear before the commission or its representatives 
 at the time and place entered in said order, and testify or produce the required papers, 
 and upon failure to obey said witness shall be dealt with as for contempt of court. 
 
 Taking of depositions of witnesses. 
 
 The commission or its representatives, or any party designated by the fish and game 
 commission, may in any investigation or hearing before the commission, or its repre- 
 sentatives cause the deposition of witnesses, residing within or without the state, to be 
 taken in the manner prescribed by law for like depositions in civil actions in the supe- 
 rior courts of this state, and to that end may compel the attendance of witnesses and 
 the production of documents and papers. 
 
 "FISH AND GAME PRESERVATION FUND." 
 ACT 1694 — An act to create a fish [and] game preservation fund and to unite the "fish 
 commission fund," and the "game preservation fund" into a common fund to be 
 known as "fish and game preservation fund." 
 
 History: Approved March 15, 1909, Stats. 1909, p. 392. Amended 
 April 8, 1911, Stats. 1911. p. 807.
 
 S55 GA3IE LAW'S. Acts 1694a, 1696, § 1 
 
 Creation of fund. Where kept. To what applicable. 
 
 § 1. There is hereby created a fund to be known as and called "fish and game 
 preservation fund" which said fund shall be kept in the state treasury, and shall be 
 applicable to the paj^ment of the expense of propagating, protecting, restoring and 
 introducing fish in the public waters of this state, and to the propagation, protection, 
 restoration and transferring of game birds and animals in the state, and to the intro- 
 duction of game birds and animals into the state, and to the payment of the expenses 
 incurred in the prosecution of offenders against the fish and game, and fish and game 
 license laws of the state, and for the cost of acquisition, construction and maintenance 
 of fish hatcheries in the state, and to all other necessary expenses, approved by the fish 
 and game commissioners. [Amendment approved April 8, 1911. Stats. 1911, p. 807.] 
 
 Definition of terms. 
 
 §2. Wherever the term "fish commission fund," and "game preservation fund" 
 appears in any of the codes or statutes of this state, it shall be deemed and construed 
 to be "fish and game preservation fund" herein created, and all moneys now in said 
 funds shall be transferred to the fish and game preservation fund. 
 
 Repeal of conflicting acts. 
 
 $ 3. All acts and parts of act[s] so far as they conflict with this act axe hereby 
 repealed. 
 
 DISPOSITION OF FINES AND FORFEITURES. 
 
 ACT 1694a — An act providing for the disposition of fines and forfeitures collected in 
 
 all prosecutions for violations of the laws of the state referring to wild birds, wild 
 
 mammals and fishes. 
 
 History: Approved May 20, 1915. In effect August 8, 1915. Stats. 
 1915, p. 685. 
 
 Disposition of fines collected for violation of fish and game laws. 
 
 $ 1. All fines and forfeitures imposed or collected in any of the courts of this state 
 for violations of any of the laws or acts providing for the protection or preservation of 
 any of the wild birds, wild mammals or fishes, shall be paid by the court imposing or 
 collecting the same into the state treasury to the credit of the fish and game preserva- 
 tion fund. 
 
 § 2. All acts or parts of acts in so far as they conflict with this act are hereby 
 repealed. 
 
 FISH AND GAME DISTRICT ACT OF 1917. 
 
 ACT 1696 — An act to divide the state of California into fish and game districts and to 
 
 repeal an act entitled "An act to divide the state of California into fish and game 
 
 districts and to repeal an act entitled 'An act to divide the state of California into 
 
 six fish and game districts,' approved March 21, 1911, and all acts or parts of acts 
 
 inconsistent herewith," approved May 15, 1915. 
 
 History: Approved May 28, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1047. Amended May 13, 1919. In effect July 22, 1919. Stats. 
 1919, p. 427. Prior act of March 21, 1911, Stats. 1911, p. 425, amended 
 entirely June 16, 1913. In effect August 10, 1913. Stats. 1913, p. 988. 
 Repealed by the act of May 19, 1915. In effect August 8, 1915. Stats. 
 1915, p. 589, which was in turn repealed by the present act. 
 
 State divided into fish and game districts. 
 
 § 1. The state of California is herebj' divided into fish and game districts to be 
 known and designated as: Fish and game district one, fish and game district one and 
 one-half, fish and game district one "a," fish and game district one "b, " fish and game 
 district one "c, " fish and game district one "d, " fish and game district one "e, " fish
 
 Attl«»«, 8 2 GENERAL LAWS. 8S6 
 
 and game district one "f," fish and game district one "g," fish and game district 
 one "h," fish and game district one "i," fish and game district one "j," fish and game 
 district one "k," fish and game district one "1," fish and game district one "m," 
 fish and game district two, fish and game district two " a, " fish and game district three, 
 fish and game district three "a," fish and game district three "b," fish and game district 
 three **c, " fish and game district three "d," fish and game district three "e," fish and 
 game district four, fish and game district four and one-half, fish and game district four 
 "a," fish and game district four **b," fish and game district four **c," fish and game 
 district four "d," fish and game district four **e," fish and game district four **f," 
 fish and game district five, fish and game district six, fish and game district seven, fish 
 and game district seven "a," fish and game district eight, fish and g&me district nine, 
 fish and game district ten, fish and game district eleven, fish and game district twelve, 
 fish and game district twelve "a," fish and game district twelve "b," fish and game 
 district thirteen, fish and ga-me district fourteen, fish and game district fifteen, fish and 
 game district sixteen, fish and game district seventeen, fish and game district eighteen, 
 fish and game district nineteen, fish and game district twenty, fish and game district 
 twenty "a," fish and game district twenty-one, fish and game district twenty-two, fish 
 and game district twenty-three, fish and game district twenty-four, fish and game dis- 
 trict twenty-five and fish and game district twenty-six. [Amendment of May 13, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 428.] V 
 
 District one. 
 
 § 2. Fish and game district one shall consist of and include the following counties : 
 Yuba, Calaveras, Tuolumne, Mariposa, Madera and Kings, and those portions of Modoc 
 county not included in fish and game districts one "b" and one "e"; those portions 
 of Trinity county not included in fish and game district one '*d"; those portions of 
 Shasta county not included in fish and game district one **e"; those portions of Lassen 
 county not included in fish and game districts one "t" and twenty-five; those portions 
 of Tehama county not included in fish and game districts one "g" and twelve "a"; 
 those portions of Plumas county not included in fish and game districts one "h" and 
 twenty-five; those portions of Butte county not included in fish and game districts 
 twelve "a" and twelve "b"; those portions of Sutter county not included in fish and 
 game district twelve "b"; those portions of Sierra and Nevada counties not included 
 in fish and game district twenty-three; those portions of Placer county not included in 
 fish and game district twenty-three; those portions of El Dorado county not included 
 in fish and game districts one "i" and twenty -three; those portions of Sacramento 
 county not included in fish and game district twelve "b"; those portions of Amador 
 county not included in fish and game districts one **j" and twenty-four; those portions 
 of Alpine county not included in fish and game districts one "j" and twenty-four; 
 those portions of San Joaquin county lying east and north of the east or right-hanJ 
 bank of San Joaquin river and not included in fish and game districts three and twelve 
 "b"; those portions of Stanislaus county lying east of the west bank of the San Joaquin 
 river; those portions of Merced county lying east of the west bank of the San Joaquin 
 river; those portions of Fresno county lying east of the west bank of Fresno slough, 
 Fish slough and Summit lake not included in fish and game districts one **k" and 
 twenty-six; those portions of Kern county lying east of the west bank of Bull slough 
 and the west and south banks of Buena Vista lake to the southeast comer of said lake 
 and lying north of a line extended from this point directly east and intersecting the 
 Tejon state highway and lying east of the said state highway from the above-mentioned 
 point of intersection to where the said state highway crosses the northern boundary line 
 of Los Angeles county, not included in fish and game districts one " 1 " and one " m " and 
 those portions of Tulare county not included in fish and game district one **L' 
 [Amendment of May 13, 1919. In effect July 22, 1919. Stats. 1919, p. 428.]
 
 S37 GA3IE LAAVS. Act 1G96, §§ 2M;-6 
 
 District one and one-half. 
 
 ^ 21/^. Fish and game district one and a lialf shall consist of and include those por- 
 tions of Del Norte county not included in fish and game districts five and six; those 
 portions of Siskiyou county not included in fish and game district one "a"; those por- 
 tions of Humboldt county not included in fish and game districts six, seven, seven ''a," 
 eight, and nine. [New section added May 13, 1919. In effect July 22, 1919. Stats. 
 1919, p. 432.] 
 
 One "A." 
 
 5 3. Fish and game district one "A" shall consist of and include all of sections 
 thirteen to thirty-six, inclusive, township forty-seven north, range nine west; all of 
 sections one to six, inclusive, township forty-six north, range nine west; all those 
 portions of sections seven to thirteen, inclusive, township forty-six north, range nine 
 west; lying north of and including the waters of the Klamath river in the said sections, 
 all Ij'ing within the county of Siskiyou. 
 
 One "B." 
 
 $4. Fish and game district one "B" shall consist of and include all lands within 
 the county of Modoc lying within the following boundaries : Starting at a point where 
 Boles creek crosses the national forest boundary in section twenty-nine, township forty- 
 six north, range nine east; thence along said Boles creek to a point where the creek 
 crosses the section line between sections nine and ten, township forty-five north, range 
 nine east; thence due south to where the Deer hill and Canby wagon road crosses the 
 section line between sections thirty-three and thirty-four, township forty-three north, 
 range nine east ; thence in a northwesterly direction along said wagon road to where it 
 crosses the national forest boundary ; thence along said boundary to place of beginning. 
 
 One "C." 
 
 §5. Fish and game district one "C" shall consist of and include all lands within 
 the county of Modoc within the following boundaries: Beginning at the northwest 
 corner of section three, township forty-one north, range fourteen east; thence in a 
 southeasterly direction along the summit of the main ridge between Shield 's creek and 
 Pine creek to the summit of the "Warner mountains to the north of Warner peak (Buck 
 Mt.) in section eleven, township forty-one north, range fifteen east; thence in a south- 
 erly direction along the summit of the Warner mountains to the first peak south of 
 Pine Creek basin, near the quarter section corner between sections thirty-five and 
 thirty-six, township forty-one north, range fifteen east; thence in a westerly direction 
 along the main ridge south of the north fork of Fitzhugh creek to the national forest 
 boundary in section thirty-three, township forty-one north, range fourteen east; thence 
 along said boundary to place of beginning. 
 
 One "D." 
 
 $6. Fish and game district one "D" shall consist of and include that certain 
 territory embraced in the Trinity national forest, more particularly described as follows, 
 to wit: 
 
 (a) Sections nineteen, thirty, thirty-one and thirty-two of township thirty-four north, 
 range eleven west; sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, 
 thirty, and thirty-one of township thirty-three north, range eleven west; sections one, 
 two, three, four, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty- 
 one, twenty-two, twenty-three, twenty-four, twenty-five, twent3'^-six, twenty-seven, 
 twenty-eight, thirty-three, thirty-four, thirty-five, thirty-six of township thirty-four 
 north, range twelve west; sections one, two, three, four, nine, ten, eleven, twelve, thir- 
 teen, fourteen, fifteen, sixteen, nineteen, twenty, twenty-one, twentj'-two, twenty-three.
 
 Act 1690, §§ 7-9 GENERAL LA\VS. 858 
 
 twenty-four, twenty -Jive, twenty-six, twenty-seven, twenty -eight, twenty-nine, thirty, 
 thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six of township thirty- 
 three north, range twelve west; sections one, two, three, four, five, six, seven, eight, 
 nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nine- 
 teen, twenty, twenty-one, twentj'-two, twenty-nine and thirty of township thirty-two 
 north, range twelve west; all in Mount Diablo base and meridian in the state of Cali- 
 fornia; and 
 
 (b) Sections twenty-eight, thirty-one, thirty-two, thirty-three of township four north, 
 range eight east; and sections four, five, six, seven, eight, nine, sixteen, seventeen, 
 eighteen, nineteen, twenty, twenty-one, twenty-eight, twenty-nine, thirty, thirty-two, 
 thirty-three, township three north, range eight east, all in Humboldt base and meridian 
 in the state of California. 
 
 One "E." 
 
 * 7. Fish and game district one "E" shall consist of and include all lands lying 
 within the county of Shasta within the following boundaries: Beginning at a point on 
 the McCloud river where the township line between townships thirty-six and thirty- 
 seven north, range three west, crosses the McCloud river; thence in a southerly direc- 
 tion following the east bank of said river to the point where the ridge north of Mathless 
 creek meets the McCloud river; thence in an easterly direction along the summit of 
 said ridge and along the summit of the ridge dividing the Salt creek drainage area from 
 the Nasoni creek drainage area; thence along the summit of the ridge dividing the Salt 
 creek drainage area and the north fork of Squaw creek to Squaw creek; thence north- 
 erly along the west bank of said creek to the point where the township line between 
 townships thirty-six and thirty-seven north, range two west, crosses the said creek; 
 thence due west along the said township line and along the township line between town- 
 ships thirty-six and thirty-seven north, range three west, to the point of beginning. 
 
 One "F." 
 
 $ 8. Fish and game district one "F" shall consist of and include all lands within 
 the county of Lassen within the following boundaries : Comprising an area including 
 all of townships thirty-two and thirty-three north, range ten east, and all of that portion 
 of township thirty-two north, range eleven east, falling on the west side of Eagle lake. 
 
 One "G." 
 
 $9. Fish and game district one "g" shall consist of and include all lands within 
 the county of Tehama within the following boundaries: Commencing at a point in 
 section eighteen, township twenty-five north, range two east, where Deer creek inter-^ 
 sects the range line between ranges one and two east and running thence north along 
 the range line between ranges one and two east, allowing for proper offsets and correc- 
 tions, to the northeast corner of section thirty-six, township twenty-seven north, range 
 one east; thence west to a point where Mill creek intersects the national forest bound- 
 ary; thence in a northeasterly direction along the main channel of Mill creek to a point 
 where the said creek crosses the range line between ranges two and three east; thence 
 south along the range line between ranges two and three east, to the southeast corner 
 of section twenty-five, township twenty-seven north, range two east, thence west to the 
 southwest corner of said section twenty-five; thence south to the southeast corner of 
 section thirty-five, township twenty-seven north, range two east; thence east along 
 township line to a point where Deer creek intersects the township line between township 
 twenty-six north and township twenty-seven north, thence in a southwesterly direction 
 along the main channel of Deer creek to the point of beginning. [Amendment of 
 May 13, 1919. In effect July 22, 1919. Stats. 1919, p. 429.]
 
 859 GA3IE LAWS. Act 1696, §§ 10-13 
 
 One "H." 
 
 § 10. Fish and game district one "H'' shall consist of and include all lands within 
 the county of Plumas tvithin the following boundaries : Beginning at the confluence of 
 Willow creek with the Feather river below Hartman bar; thence northerly along Willow 
 creek to where the Claremont stock driveway crosses the head of this stream; thence in 
 an easterly direction along the Claremont stock drivewaj to Claremont peak; thence 
 south along the summit of the ridge to the middle fork of the Feather river; thence 
 southwesterlj' along the Feather river to the point of beginning. 
 
 One "I." 
 
 § 11. Fish and game district one "i" shall consist of and include all lands within 
 the county of Placer, within the following boundaries: Commencing at the junction of 
 the north fork of the middle fork of the American river and the middle fork of the 
 American river; thence northeasterly up the north fork of the middle fork to Grouse 
 creek; thence northeasterly up main Grouse creek to its intersection with the township 
 line between townships fifteen north and fourteen north, range thirteen east; thence 
 easterly along said township line to the township corner of township fifteen north, 
 ranges thirteen and fourteen east; thence south along range line between township 
 fourteen north, ranges thirteen and fourteen east to the corner of sections twelve and 
 thirteen, township fourteen north, range thirteen east, and sections seven and eighteen, 
 township fourteen north, range fourteen east; thence easterly along section line between 
 sections seven and eighteen, sections eight and seventeen to the Big Meadow trail; 
 thence southerly along said Big Meadow trail to the line between sections twenty and 
 twentj'-nine, township fourteen north, range fourteen east; thence east along said sec- 
 tion line to the Rubicon river; thence southwesterly down the Rubicon river to inter- 
 section of the line between sections six and seven, township thirteen north, range four- 
 teen east; thence west along said section line to range line between township thirteen 
 north, ranges thirteen east and fourteen east; thence west along section line between 
 sections one and twelve, township thirteen north, range thirteen east, to Wallace canyon 
 creek; thence southwesterly down Wallace canyon creek to its confluence with Long 
 canyon; thence westerly down Long canyon to its confluence with the Rubicon river; 
 thence westerly down said river to its confluence with the middle fork of the American 
 river; thence down said river to place of beginning, [Amendment of May 13, 1919. In 
 effect July 22, 1919. Stats, 1919, p, 430,] 
 
 One "J," 
 
 §12. Fish and game district one "J" shall consist of and include all lands within 
 the counties of Amador and Alpine within the following boundaries: Commencing at 
 a point between sections thirteen and eighteen, township eight north, range fourteen 
 and fifteen east, where the Alpine state highway enters section eighteen, township eight 
 north, range fifteen east ; thence northeasterly along the south side of said Alpine high- 
 way right of way to the corner of townships eight and nine north, ranges fifteen and 
 sixteen east ; thence east along line between townships eight and nine north, range six- 
 teen east; thence east along line between townships eight and nine north, range sev- 
 enteen east, to the intersection of Cedar Camp trail; thence southerly along Cedar Camp 
 trail to intersection of said Cedar Camp trail with the Mokelumne river; thence down 
 the north bank of the Mokelumne river in a southwesterly direction to the intersection 
 of range line between township seven north, ranges fourteen and fifteen east; thence 
 north along range line between township eight north, ranges fourteen and fifteen east 
 to the intersection of Alpine state highway to the place of beginning. 
 
 One "K." 
 
 §13. Fish and game district one **K" shall consist of and include all lands in the 
 county of Fresno within the following boundaries: Beginning at the conlluenco of
 
 Act ICOC, gg H-IG GENERAL LAWS. 860 
 
 the north fork of Kings river and the middle fork of Kings river; thence easterly 
 along the siimrait of the divide separating the drainage area of the north fork of Kings 
 river from the drainage area of the middle fork of Kings river to Spanish mountain; 
 thence southeasterly along the summit of Tombstone ridge, which separates the drain- 
 age area of Crown creek from that of Tombstone creek, to the middle fork of Kings 
 river; thence westerly along the north bank of the middle fork of Kings river to the 
 point of beginning. 
 
 One "L." 
 
 § 14. Fish and game district one "L" shall consist of and include the area compos- 
 ing the watershed of Chimney creek north of the Sequoia national forest boundary and 
 all of the watershed of Long valley; all lying within the counties of Tulare and Kern. 
 
 One "M." 
 
 ^141/2. Fish and game district one "m" shall consist of and include all of that 
 certain territory within the county of Kern, bounded and described as follows : Begin- 
 ning at the San Joaquin Power Company's plant located on the bank of the Kern river, 
 in section six, township twenty-nine south, range thirty east. Mount Diablo base and 
 meridian, thence running in a northeasterly direction following the south bank of the 
 Kern river to the mouth of Clear creek, thence following Clear creek in a southerly 
 direction to the intersection of the Caliente-Kernville highway, thence following said 
 highway in a southerly direction to the intersection of Basin creek; thence following 
 the northerly bank of Basin creek in a southwesterly direction to the intersection of the 
 national forest boundary line as established January 1, 1919, thence following said 
 national forest boundary north and west to the San Joaquin Power Company's plant 
 at the place of beginning. [New section added May 13, 1919. In effect July 22, 1919, 
 Stats. 1919, p. 432.] 
 
 District Tv/o. 
 
 § 15. Fish and game district two shall consist of and include all those portions of 
 Mendocino county not included in fish and game districts ten and two "A"; all those 
 portions of Glenn county not included in fish and game districts two "A" and twelve 
 "A"; all those portions of Lake county not included in fish and game district two "A"; 
 all those portions of Colusa countj^ not included in fish and game districts twelve 
 "A" and twelve "B"; all those portions of Yolo county not included in fish- and game 
 district twelve "B"; all those portions of Solano county not included in fish and 
 game districts twelve and twelve "B"; all those portions of Napa county not included 
 in fish and game district twelve; all those portions of Sonoma county not included in 
 fish and game districts ten and twelve; all those portions of Marin county not included 
 in fish and game districts ten, eleven and twelve. 
 
 Two "A." 
 
 $16. Fish and game district two "A" shall consist of and include all lands 'ying 
 within the following boundaries, located in the counties of Mendocino, Lake and Glenn: 
 Beginning at the summit of Hull mountain in Mendocino county, in the southwest cor- 
 ner of section two, township nineteen north, range ten west; thence in a northeasterly 
 direction down Hull creek (sometimes known as Red Rock creek) to its junction with 
 Sand creek, thence southeasterly down Sand creek to its junction with Corbin creek, 
 thence in an easterly direction up Corbin creek to section thirty-six, township twenty 
 north, range eight west, thence in a southerly direction up a ravine to the Sheetiron- 
 Elk creek road on the summit of the Coast Range mountains in section twelve, township 
 nineteen north, range eight west, thence southwesterly along the road and summit over 
 Sheetiron mountain to Low gap, where the Bloody Rock trail crosses the summit in 
 section twenty-seven, township nineteen north, range eight west, thence in a westerly
 
 861 GAME LAWS. Act ICOO, §8 17-19 
 
 direction down the Bloody Rock trail and Cold creek to South Eel river in section 
 twenty-six, township nineteen north, range nine west, thence down the river to the 
 mouth of a ravine in the southeast quarter of section twenty-seven, township nineteen 
 north, range nine west, thence in a northwesterly direction up the ravine through sec- 
 tions twenty-seven and twenty-eight to the summit of Boardman ridge, thence in a 
 northwesterly direction up Boardman ridge to the summit of Hull mountain. 
 
 District Three. 
 
 $ 17. Fish and game district three shall consist of and include those portions of 
 Contra Costa county not included in fish and game districts twelve and twelve "B"; 
 those portions of San Joaquin county not included in fish and game districts one and 
 twelve "B"; those portions of Alameda county not included in fish and game districts 
 twelve and thirteen; those portions of San Francisco county not included in fish and 
 game districts ten, eleven, twelve and thirteen; those portions of San Mateo county 
 not included in fish and game districts ten and thirteen; those portions of Santa Clara 
 county not included in fish and game district thirteen; those portions of Santa Cruz 
 county not included in fish and game districts three "A," ten, fourteen, fifteen and 
 seventeen; those portions of San Benito county not included in fish and game district 
 three "B"; those portions of Monterey county not included in fish and game districts 
 sixteen, seventeen and eighteen; those portions of San Luis Obispo county not included 
 in fish and game district eighteen; those portions of Santa Barbara county not included 
 in fish and game districts three "C" and nineteen; those portions of Ventura county 
 not included in fish and game districts three "D" and nineteen; those portions of 
 Stanislaus county not included in fish and game district one; those portions of Merced 
 county not included in fish and game district one; those portions of Fresno county not 
 included in fish and game districts one, one "K" and twenty-six; those portions of 
 Kern county not included in fish and game districts one and one "L." 
 
 Three "A." 
 
 §18. Fish and game district three "A'' shall consist of and include that certain 
 territory embraced in California Redwood park, Santa Cruz county, commonly known 
 as the "Big Basin," and more particularly described as follows, to wit: 
 
 The east half and the east half of the west half of section one, the north half of the 
 northeast quarter and the northeast quarter of the northwest quarter of section twelve, 
 all in township nine south, range four west; the west half of section four, all of sec- 
 tions five and six, the north half of the northwest quarter, the northeast quarter, the 
 east half of the southeast quarter of section seven, the north half, the southwest quar- 
 ter, the north half of the southeast quarter and the southwest quarter of the southeast 
 quarter of section eight, the north half of the northwest quarter, the southwest quar- 
 ter of the northwest quarter and the northwest quarter of the southwest quarter of 
 section nine, all in township nine south, range three west; all that portion of the south- 
 west quarter of section twenty-eight lying south and west of the road known as the 
 "China grade," all that portion of the east half of section twenty-nine lying south 
 and west of said "China grade," the east half of section thirty-two, the southwest 
 quarter and that portion of the northwest quarter of section thirty-three lying south of 
 said "China grade," all in township eight south, range three west; all townships and 
 ranges mentioned herein being referred to Mount Diablo base line and meridian. 
 
 Three "B." 
 
 §19. Fish and game district three "B" shall consist of and include those certain 
 lands within the counties of San Benito and Monterey embraced within the Pinnacles 
 national monument, and more particularly described as follows, to wit : All of sections 
 twenty to twenty-nine, inclusive, all of sections thirty-three, thirty-four and thirty-five
 
 Act 1C9G, 855 20-22 GEKEKAI, LAWS. S02 
 
 and the west half of section thirty-six of township sixteen south, range seven east; the 
 west half of section one, all of sections two and three, the east half of section four, 
 the east half of section nine, all of sections ten and eleven, the west half of section 
 twelve, the west half of section thirteen and all of sections fourteen and fifteen of 
 township seventeen south, range seven east. All townships and ranges mentioned herein 
 heing referred to Mount Diablo base and meridian. 
 
 Three "C." 
 
 $ 20. Fish and game district three "C" shall consist of and include all lands within 
 the county of Santa Barbara within the following boundaries : Beginning at the summit 
 of Mission Pine mountain, running thence northwest to the head of Mazuna creek; 
 thence along the north bank of said creek to its junction with the Sisquoc river; thence 
 in an easterly direction along the south bank of the Sisquoc river to the junction of 
 the south fork of the Sisquoc; thence along the west bank of the south fork of the 
 Sisquoc river to the point of beginning. 
 
 Three "D." 
 
 § 21. Fish and game district three "D" shall consist of and include all lands lying 
 within the county of Ventura within the following boundaries: Beginning at the corner 
 common to townships four and five north, ranges nineteen and twenty west, San Ber- 
 nardino meridian; running thence west with the line of townships four and five north, 
 to the summit of the divide between the watershed of Sespe creek and Santa Paule[a] 
 creek; thence westerly along the summit of the divide south of Sespe river to Ortega 
 hill at the head of upper north fork of Matilija creek and Cherry creek; thence 
 down Cherry creek along the Cuyama trail to Sespe river; thence up the Sespe river 
 and Adobe Springs canyon along the Cuyama trail to the summit of Pine mountain; 
 thence easterly following the summit of the Pine mountain divide to a point on Alamo 
 mountain due north of the point of beginning; thence south to point of beginning. 
 
 Three "E." 
 
 §21.1/^. Fish and game district three "e" shall consist of and include all those 
 portions of township seven south, range three east, Mount Diablo base and meridian, 
 more particularly desscribed as follows: All of sections three, four and nine; the south- 
 west quarter of the southwest quarter of section two; the southeast quarter of section 
 five; the northeast quarter of the northeast quarter of section eight; all of those por- 
 tions of sections sixteen and seventeen and of the southern three-quarters of section 
 eight lying east of the northeast boundary line of the Rancho Canada del Pala ; and all 
 of those portions of sections ten, fifteen and sixteen, and of the west quarter of section 
 eleven, lying to the north of Sulphur creek. [New section added May 13, 1919. In 
 effect July 22, 1919. Stats. 1919, p. 432.] 
 
 District Four. 
 
 $ 22. Fish and game district four shall consist of and include all those portions of 
 Los Angeles county not included in fish and game districts four "b, " four "f," nine- 
 teen, twenty and twenty "a"; all those portions of San Bernardino county not included 
 in fish and game districts four "a," four "b" and twenty-two; all those portions of 
 Orange county not included in fish and game districts four *'c" and nineteen; all 
 those portions of Riverside county not included in fish and game districts four "c, " 
 four **d" and twenty-two; all those portions of San Diego county not included in fish 
 and game districts four "e, " nineteen and twenty-one; all those portions of Imperial 
 count}' not included in fish and game district twenty-two. [Amendment of May 13, 
 1919. In effect July 22, 1919. Stats. 1919, p. 430.]
 
 game: LAWS. Act 1696, §§ 22 ,2-24 
 
 District four and one-lialf. 
 
 § 221/2. Fish and game district four and one-half shall consist of and include the 
 counties of Mono and Inyo. [New section added May 13, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 432.] 
 
 Four "A." 
 
 $ 23. Fish and game district four "A" shall consist of and include a portion of the 
 Angeles national forest lying within the county of San Bernardino and more particu- 
 larly described as follows, to wit: All of that tract of land situate, lying and being 
 within the following boundary : 
 
 Beginning at a point in the Angeles forest reserve in San Bernardino county where 
 the ravine of the Mohave river crosses the north line of township two north range four 
 west, thence due east along the township lines to a point where the ravine of Deep creek 
 crosses such township line; thence easterly following the ravine of said Deep creek to 
 a point marking the confluence of the ravines of Deep creek and Holeomb creek; thence 
 east and north following the ravine of Holeomb creek to Holeomb valley; thence east- 
 erly along the public road to the junction thereof with a public road leading south- 
 easterly to the Rose mine; thence following the aforesaid road to Rose mine in a 
 southeasterly direction to a point where it crosses the east line of township two north 
 range two east; thence south along the easterly lines of township two north range two 
 east, township one north range two east and township one south range two east to the 
 southeast quarter of township one south range two east; thence due west along the town- 
 ship line to the southwest corner of township one south range one east; thence due 
 north along the west line of township one south range one east to the ravine of Mill 
 creek; thence west along the ravine of Mill creek to a point where Mill creek crosses 
 the west line township one south range one west; thence north along the west line of 
 township one south ra.nge one west and township one north range one west to the 
 southeast corner of section twenty-four, township one north range two west; thence 
 due west along the southerly line of sections twenty-four, twenty-three, twenty-two, 
 twenty-one, twenty and nineteen of township one north range two west and the south- 
 erly line of sections twenty-four, twenty-three, twenty-two and twenty-one, township 
 one north range three west to the line of the Angeles forest reserve; thence in a general 
 northwesterly direction to a point where the ravine of Devil's canyon crosses the said 
 Angeles forest reserve line; thence northerly along the ravines of Devil's canyon and 
 Sawpit canyon to the place of beginning, all of said described area being within the 
 boundaries of the Angeles forest reserve. 
 
 Four "B." 
 
 $ 24. Fish and game district four "B" shall consist of and include a part of the 
 westerly portion of the Angeles national forest lying within the counties of San Ber- 
 nardino and Los Angeles and more particularly described as follows, to wit: Sections 
 six to ten, inclusive, sections fifteen to twenty-two, inclusive, and sections twenty-seven 
 to thirty-two, inclusive, of township two north, range seven west; sections seven, eight- 
 een, nineteen, thirty and thirty-one of township three north, range seven west; sections 
 one to twenty-two, inclusive, and those portions of sections twenty-three and twenty- 
 four within the Angeles national forest, all in township one north, range eight west; 
 all of township two north, range eight west; sections seven to thirty-six, inclusive, of 
 township three north, range eight west; sections one to twenty-four, inclusive, the west 
 half of section twenty-five and all of sections twenty-six, twenty-seven, and twenty- 
 eight in township one north, range nine west; all of township two north, range nine 
 west; sections seven to thirty-six, inclusive, in township three north, range nine west; 
 sections one to eighteen, inclusive, those portions of sections nineteen, twenty, twent}'- 
 one and twenty-two within the Angeles national forest and all of sections twenty-three
 
 Act 1C06, §§ 25-27 GENERAI- LAWS. S«*] 
 
 and twenty-four of township one north, range ten west; all of township two north, 
 range ten west; sections seven to thirty-six, inclusive, of township three north, range 
 ten west; all of sections one to fourteen, inclusive, and those portions of sections fifteen, 
 sixteen, seventeen, eighteen, twenty-two, twenty-three and twenty-four within the 
 Angeles national forest in township one north, range eleven west; all of township two 
 north, range eleven west; that portion of section two lying south and west of a line 
 drawn from the northwest corner to the southeast corner of said section, all of sections 
 three to thirty-six, inclusive, in township three north, range eleven west; all of sec- 
 tions one and two and those portions of section three, four, five, six, eleven, twelve and 
 thirteen within the Angeles national forest in township one north, range twelve west; 
 all of township two north, range twelve west; all of sections one to five, inclusive, those 
 portions of sections six and seven lying south and east of a line drawn from the north- 
 east corner of section six to the southwest corner of section seven and all of sections 
 eight to thirty-six, inclusive, in township three north, range twelve west; all of sec- 
 tions one to seventeen, inclusive, those portions of sections eighteen, twenty, twenty- 
 one and twenty-two within the Angeles national forest, all of sections twenty-three to 
 twenty-six, inclusive, and those portions of sections twenty-seven, thirty-five and thirty- 
 six within the Angeles national forest in township two north, range thirteen west; all 
 of sections thirteen to thirty-six, inclusive, in township three north, range thirteen west ; 
 sections one, two and three and those portions of sections ten, eleven, twelve and thir- 
 teen within the Angeles national forest in township two north, range fourteen west. 
 All townships and ranges mentioned herein being referred to San Bernardino base line 
 and meridian. 
 
 Four "C." 
 
 §25. Fish and game district four "C" shall consist of and include that certain 
 territory embraced within the Cleveland national forest, more particularly described 
 as follows, to wit: The east half of township five south, range seven west; all of town- 
 ship five south, range six west, except sections one, two, three, ten, eleven, and twelve; 
 all of township six south, range six west; the west half of township six south, range 
 five west; all of township seven south, range six west; the west one-half of township 
 seven south, range five west; all in San Bei"nardino base and meridian, in the state of 
 California. 
 
 Four "D." 
 
 $ 26. Fish and game district four **D" shall consist of and include all of townships 
 six south, range five east; township six south, range six east; and township seven south, 
 range six east, all lying within the county of Riverside. 
 
 Four "E." 
 
 $ 27. Fish and game district four "e" shall consist of and include all of sections 
 twenty-seven to thirty-four, inclusive, township fifteen south, range five east; all of 
 township fourteen south, range five east; all of sections thirteen, twenty-four, twenty- 
 five, thirty-six, township fifteen south, range four east; all of sections five, six, seven, 
 eight, township sixteen south, range six east ; all of sections one to twelve, inclusive, 
 township sixteen south, range five east; all of sections one, two, ten, eleven, twelve,, 
 thirteen, fourteen, fifteen, sixteen, twenty-one, twenty-three, twenty-four and the east j 
 half of sections three, seventeen, and twenty and the northeast quarter of section, 
 twenty-nine, the north half of sections twenty-five, twenty-six, and twenty-eight and] 
 the north half of section twenty-two, township sixteen, south, range four east. The ' 
 west half of sections eighteen, nineteen and the northwest quarter of section thirty, 
 township sixteen south, range five east, all located within the county of San Diego. 
 [Amendment of May 13, 1919. In effect July 22, 1919. Stats. 1919, p. 431.]
 
 865 game: laws. Act 1696, §§ 28-35 
 
 Four "?.'• 
 
 $ 28. Fish and game district four "f " shall consist of and include all of townships 
 eight and nine north, range fourteen west, lying within the counties of Los Angeles and 
 Kern. [Amendment of May 13, 1919. In effect July 22, 1919, Stats. 1919, p. 431.] 
 
 Five. 
 
 $.29. Fish and game district five shall consist of and include the ocean water and 
 the tide lands of the state to high water mark lying between the northern boundary 
 of the state and a line extending west from the extreme westerly point of Point St. 
 George in Del Norte county, and shall exclude all sloughs, streams and lagoons in said 
 county, except Smith river from its mouth to Bailey's riffle. 
 
 Six. 
 
 $ 30. Fish and game district six shall consist of and include the ocean waters and 
 the tide lands of the state to high water mark lying between a line extending west from 
 the extreme westerly point of Point St. George, in Del Norte county, and a line extend- 
 ing due west from the extreme westerly point of Mussel point, in Humboldt county, 
 and shall exclude all sloughs, streams and lagoons in said counties, except the Klamath 
 river from its mouth to the mouth of McGarvey creek. 
 
 Seven. 
 
 5 31. Fish and game district seven shall consist of and include the ocean waters and 
 the tide lands of the state to high water mark lying between a line extending due west 
 from the extreme point of Mussel point, in Humboldt county, and the southern boundary 
 of Humboldt county; and shall exclude the ocean waters between the north and the 
 south jetties at the entrance to Humboldt bay from the westerly end of each of said 
 jetties in the Pacific ocean to their respective aprons on the shores of Humboldt bay, 
 and shall also exclude all sloughs, streams and lagoons. 
 
 Seven "A." 
 
 $32. Fish and game district seven "a" shall consist of and include the waters of 
 Eel river from its mouth to the east boundary line of township three north, range two 
 west, Humboldt base and meridian, and the waters of Salt river, a tributary of Eel 
 river, as far up as the high tide line. [Amendment of May 13, 1919. In effect July 22, 
 1919. Stats. 1919, p. 431.] 
 
 Eight. 
 
 $ 33. Fish and game district eight shall consist of and include the waters and tide 
 lands to high water mark of Humboldt bay lying north of a straight line running east 
 from the center of apron at the approach of [to] the south jetty at the entrance of Hum- 
 boldt bay to the east shore line of said bay and shall include the entrance of Humboldt 
 bay not included in fish and game district seven and shall be exclusive of all rivers, 
 streams and sloughs emptying into said bay. 
 
 Nine. 
 
 4 34 Fish and game district nine shall consist of and include the waters and tide 
 lands to high water mark of Humboldt bay lying south of a straight line running east 
 from the center of apron at the approach to the south jetty at the entrance of Humboldt 
 bay to the east shore line of said bay, and shall be exclusive of all rivers, streams and 
 sloughs emptying into said bay. 
 
 Ten. 
 
 § 35. Fish and game district ten shall consist of and include the ocean waters and 
 the tide lands of the state to high water mark lying between the south boundary of 
 
 Gen. I^aws — 55 
 
 iiJi
 
 Act 1686, §§ 36-39 GENERAL LAWS. SWi 
 
 Humboldt county and a line extending southwest from the extreme westerly point of 
 Point Santa Cruz, in Santa Cruz county; and shall include the waters of Tomales bay, 
 and shall be exclusive of all that portion of Bolinas bay lying inside of Bolinas bar, and 
 of San Francisco bay lying east of a line drawn from Point Bonita to Point Lobos, 
 and of all rivers, streams and lagoons. 
 
 Eleven. 
 
 $ 36. Fish and game district eleven shall consist of and include the waters and tide 
 lands of San Francisco and Richardson bays to high water mark bounded as follows: 
 Beginning at the extreme westerly point of Point Bonita, thence in a direct line to the 
 extreme westerly point of Point Lobos, thence around the shore line of San Francisco 
 bay to the extreme northly point of Black point in San Francisco county, thence in a 
 direct line to the extreme southerly point of Peninsula point in Marin county, thence 
 westerly around the shore line of Richardson and San Francisco bays to the point of 
 beginning. 
 
 Twelve. 
 
 $ 37. Fish and game district twelve shall consist of and include all waters and tide 
 lands of San Francisco bay to high water mark not included in fish and game district 
 eleven and thirteen, the waters and tide lands to high water mark of San Leandro bay, 
 Oakland creek or estuary, San Antonio creek in Alameda county, Raccoon straits and 
 San Pablo bay to a line drawn due south from the lighthouse station at the end of the 
 jetty at the south entrance of Mare Island straits and all lands and waters included 
 within the exterior boundaries of said fish and game district and excluding all tribu- 
 tary sloughs, creeks, bays, rivers and overflowed areas not specifically described herein. 
 For the purposes of this act that portion of San Pablo bay lying northerly of a line 
 drawn from the south side of the mouth of Novate creek to Midshipment point, the 
 extreme southwesterly point of Tubbs island, shall be included in fish and game district 
 number two; and that portion of San Pablo bay lying north of a line drawn due east 
 from a point situated on the bay shore of Tubbs island, one and one-half miles meas- 
 ured southwesterly along the levee from the electric power line tower situated on the 
 west bank of Sonoma creek, shall be included in fish and game district number two. 
 
 Twelve "A." 
 
 § 38. Fish and game district twelve **A" shall consist of and include all the waters 
 of the Sacramento river flowing within the main channel between the bridge across said 
 river at Colusa and the Vina ferry near the town of Vina, in Tehama county. 
 
 Twelve "B." 
 
 $ 39. Fish and game district twelve "B" shall consist of and include all waters and 
 tide lands to high water mark of the Mare Island straits from Carquinez straits to the 
 boundary line between Napa and Solano counties, the Carquinez straits not included 
 within fish and game district twelve, the waters and tide lands to high water mark of 
 Suisun bay, all waters of the Sacramento river flowing within the main channel between 
 the mouth thereof and the bridge across said river at Colusa; the waters in the main 
 channel of Steamboat slough and Sutter slough; the waters of New York slough and 
 Broad slough; all waters of the San Joaquin river flowing within the main channel 
 thereof to the south boundary of San Joaquin county; all lands and waters lying 
 between the main channel of San Joaquin river from the place of confluence with Old 
 river and the place of diversion of Middle river and the west and south banks of 
 Old and Middle rivers and all lands and waters lying within the boundaries of said fisb 
 and game district and excluding all tributary slougTis, creeks, bays, rivers and over 
 flowed areas not specifically described herein. 
 
 I 
 
 I
 
 '867 GAMi: LAWS. Act 1696, g§ 40-47 
 
 Tlurteen. 
 
 $ 40. Fish and game district thirteen shall consist of and include the waters and 
 tide lands to high water mark of San Francisco bay lying to the south of a line drawn 
 between the ferry building at the foot of Market street in San Francisco and the mouth 
 of the Oakland creek or estuary in Alameda county, exclusive of all streams, sloughs 
 and lagoons. [Amendment of May 13, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 431.] 
 
 Fourteen. 
 
 $ 41. Fish and game district fourteen shall consist of and include the waters of 
 Seotts creek, in Santa Cruz county, between its mouth and the mouth of Mill creek. 
 
 Fifteen. 
 
 $ 42. Fish and game district fifteen shall consist of and include the waters and tide 
 lands to high water mark of that portion of Monterey bay lying to the north of a line 
 drawn from the extreme westerly point of Point Santa Cruz to the extreme westerly 
 point of Soquel point; and shall consist of and include the waters of the San Lorenzo 
 river and its tributaries. 
 
 Sixteen. 
 
 § 43. Fish and game district sixteen shall consist of and include the waters and tide 
 lands to high water mark of that portion of Monterey bay lying to the south of a line 
 drawn from the extreme northerly point of Point Pinos in a straight line easterly to 
 the eastern shore of Monterey bay to a point north of the town of Seaside, said point 
 being marked by a permanent monument placed by the United States government 
 surveyors, and designated as "Monterey N. 0. T. C. and G. S. Sta." 
 
 Seventeen. 
 
 § 44, Fish and game district seventeen shall consist of and include the waters and 
 tide lands to high water mark of Monterey bay and Pacific ocean, lying between a line 
 extending southwest from the extreme westerly point of Point Santa Cruz and a 
 line extending due west from the mouth of Carmel river, in Monterey county, and exclu- 
 sive of the areas included in fish and game districts fifteen and sixteen, and exclusive 
 of all rivers, creeks, sloughs and lagoons, emptying into the Pacific ocean and Monterey 
 bay within the boundaries of this district. 
 
 Eighteen. 
 
 ^ 45. Fish and game district eighteen shall consist of and include the ocean waters 
 and tide lands to high water mark of the state lying between a line extending due west 
 from the mouth of Carmel river and the south boundary of San Luis Obispo county, and 
 shall exclude all rivers, streams, sloughs and lagoons. 
 
 Nineteen. 
 
 $ 46. Fish and game district nineteen shall consist of and include the ocean waters 
 and tide lands to high water mark o£ the state lying between the north boundary of 
 Santa Barbara county and the southern boundary of San Diego county, and shall 
 include all islands and adjacent waters belonging to the state of California and lying 
 ofiE the coast of southern California, south of a line extending due west into the Pacific 
 ocean from the north boundary of Santa Barbara county, exclusive of Santa Catalina 
 island and state waters adjacent thereto; exclusive of all rivers, streams, lagoons and 
 bays. [Amendment of May 13, 1919. In effect July 22, 1919. Stats. 1919, p. 431] 
 
 Twenty. 
 
 $ 47. Fish and game district twentj' shall consist of and include Catalina island and 
 that portion of the state waters lying between a line extending south from the south-
 
 Act 1696, §§ 48-55 GBNEIRAL LAWS. 868 
 
 easterly shore in line with and intersecting South East rock; thence around the east 
 end to the north side of a line extending west from the extreme west end of said island. 
 
 Twenty "A." 
 
 §48, Fish and game district twenty "A" shall consist of and include that portion 
 of the state waters around Catalina island not included in fish and game district twenty. 
 
 Twenty-one. 
 
 $ 49. Fish and game district twenty-one shall consist of and include those waters 
 and tide lands to high water mark of San Diego bay lying inside of a straight line drawn 
 from Point Loma to the offshore end of the San Diego breakwater. 
 
 Twenty-two. 
 
 § 50. Fish and game district twenty-two shall consist of and include the waters of 
 Salton sea and the waters of the Colorado river. 
 
 Twenty-three. 
 
 $ 51. Fish and game district twenty-three shall consist of and include the waters of 
 Lake Tahoe and the Truckee river, and all streams flowing into said lake and river, and 
 all lauds within the drainage basin of said lake and river, lying within the state of 
 California. 
 
 Twenty-four. 
 
 $ 52. Fish and game district twenty-four shall consist of and include the waters of 
 Silver lake, Twin lakes, Blue lakes, Meadow lake and Wood lake and all streams flow- 
 ing into said lakes and all lands lying within the drainage basin of said lakes and 
 streams, all being within the counties of Alpine and Amador. 
 
 Twenty-five. 
 
 $ 53. Fish and game district twenty-five shall consist of and include the waters of 
 Lake Almanor and all streams flowing into said lake and all lands lying within the 
 drainage basin of said streams and lake, all being within the counties of Plumas and 
 Lassen. 
 
 Twenty-six. 
 
 $ 54. Fish and game district twenty-six shall consist of and include all waters in 
 that portion of Rae lakes lying south of Fin Dome and all waters flowing into said 
 portion of Rae lakes and all lands lying within the drainage basin of the said portion 
 of Rae lakes; all waters in all lakes lying within the Sixty Lake basin; all waters 
 flowing into said lakes; all waters flowing from the said lakes to the south fork of 
 Woods creek and all lands lying within the Sixty Lake basin, all lying in the county 
 of Fresno. 
 
 Repealed. 
 
 § 55. An act entitled "An act to divide the state of California into fish and game 
 districts and to repeal an act entitled 'An act to divide the state of California into six 
 fish and game districts,' approved March 21, 1911, and all acts or parts of acts incon- 
 sistent herewith," approved May 15, 1915, and all acts or parts of acts inconsistent 
 herewith are hereby repealed. 
 
 1. Constitutionality — Subject not cov- Into fish and game districts, the title con- 
 ered by title. — The amending act of 1913, tained nothing to indicate the true char- 
 purporting to add a new section to the acter of the amendment. — In re Mascolo, 25 
 act of 1911, Is unconstitutional because, Cal. App. 92, 142 Pac. 903. 
 
 while amending and changing every section 2. Adoption of section ZS*/^, article IV, 
 
 in the original act, and dividing the state constitution — Withdrawal ot power troni 
 
 I
 
 SQO GAME LAWS. Act 1696a, §§ 1, 2 
 
 local authorities. — The adoption of section and vested it in the legislature, and that 
 
 251/^ of article IV of the constitution, pro- body now has exclusive power over tne 
 
 vidhig- for fish protection and fish districts, entire subject, by virtue of the first-named 
 
 operated to withdraw whatever power may section. — In re Cencinino, 31 Cal. App. 238, 
 
 have been granted to local authorities by 160 Pac. 167. 
 section 11, article XI, of the constitution. 
 
 *' MOUNT T AM ALP ATS GAME REFUGE." 
 ACT 1696a — An act to further divide the state into fish and game districts "by establish- 
 ing a district specially suited for propagation of game, and to provide for the manage- 
 ment and protection thereof. r 
 
 History: Approved May 26, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1166. Amended May 13, 1919. In effect July 22, 1919, Stats. 
 1919, p. 521. 
 
 "Mount Tamalpais game refuge" created. Boundaries. 
 
 $ 1. For the protection, conservation and propagation of game animals, except fish, 
 there is hereby set apart and established a district to be known as "Mount Tamalpais 
 game refuge," the boundaries of which are hereby determined to be as follows, to wit: 
 All that certain territory within the county of Marin, bounded and described as follows, 
 to wit: 
 
 Beginning at the intersection of the easterly shore of inner Bolinas bay with the 
 northwesterly boundary line, extended, of the Stinson ranch conveyed to A. H. Stinson 
 et al., by decree of distribution dated the twenty-eighth day of July, 1911, and recorded 
 in the office of the county recorder of Marin county in book one hundred thirty-seven 
 of deeds at page one hundred two; thence northeasterly along the said northwesterly 
 boundary line to the southwesterly boundary line of the lands of the Marin municipal 
 water district on the top of Bolinas ridge, thence along the exterior boundary of the 
 lands of said district in such a way as to include the same, to a point in the abandoned 
 portion of the Fairfax and Bolinas county road; thence northerly along the said road 
 and along the Fairfax and Bolinas county road, to a point in the southwesterly line 
 of the right of way of the Northwestern Pacific railroad company near Faii'f ax station ; 
 thence along the said last mentioned line in a southerly direction past the railroad 
 stations at San Anselmo, Kentfield and Corte Madera, to its intersection Avith Hum- 
 boldt street on the westerly boundary of the lands of the Sausalito land and ferry 
 company, as said street is laid down and delineated on the official map of said lands 
 filed in the office of the county recorder of Marin county in rack number one, pull num- 
 ber nine; thence southerly along the westerly line of said Humboldt street and the 
 westerly line of Tennessee avenue of the same tract, to the corner common to ranches, 
 E, F, and A as said ranches are delineated on the Tamalpais land and water company 's 
 map number three, filed in said recorder's office in map book number one, page one 
 hundred four; thence southwesterly along the southeasterly boundary lines of ranches 
 E, L, and K, as shown on said last mentioned map, to the shore of the Pacific ocean; 
 thence northwesterly along the shore of the Pacific ocean and across the easterly end 
 of the Bolinas sandspit, and along" the easterly shore of inner Bolinas bay, to the point 
 of beginning, excepting from the area of said Mount Tamalpais game refuge all lands 
 lying within the exterior boundaries of any incorporated town. 
 
 No open season. 
 
 $ 2. The provisions of law for the protection of fish in the second fish and game 
 district of this state shall be enforced within said Mount Tamalpais game refuge and 
 there shall be no open season therein for any game animals except fish.
 
 Act 1696n, §8 3-5 GENERAL LAWS. 870 
 
 Unlawful to kill game birds or animals. Firearms, etc. 
 
 ^ 3. It shall be unlawful within said territory at any time: 
 
 (a) To hunt, pursue, take, kill or destroy any game birds or animals, except to 
 capture the same to be set at liberty elsewhere, as hereinafter specially provided; 
 
 (b) To hunt, pursue, take, kill, or destroy any other wild birds or animals except aa 
 hereinafter provided; 
 
 Game animals defined. 
 
 (c) For any person to have in his possession any firearm, trap or other contrivance 
 designed to be used to kill, destroy or capture game animals except fish, without first 
 having obtained a permit so to do from the fish and game commission of this state: 
 provided, that nothing in this act contained shall prohibit the lawful occupant of any 
 privately owned lands within said district, or his employees at the direction of said 
 occupant, from killing ground- squirrels, gophers, owls, hawks, blue jays, skunks and 
 other destructive animals which are not game animals as hereinafter defined that may 
 be on the land of said occupant; and provided further, that nothing in this subdivision 
 "c" contained shall apply to persons traveling upon any public highways within said 
 territory, nor to members of the organized militia while on the state rifle range, nor to 
 members of any high school militia while on the grounds of the high school at which 
 time they may be enrolled. The term game animals used herein is intended to include 
 all birds and animals which are protected or fostered by any of the laws of this state. 
 
 Power of fish and game commission. 
 $ 4. The fish and game commission of the state of California shall have power; 
 
 (a) To exercise control over all game animals on all lands within the boundaries of 
 said game refuge. 
 
 (b) To accept, on behalf of the state, donations of ownership or leasehold interest of 
 any lands within the boundaries of said game refuge, to be used for the furtherance of 
 the objects of protecting, feeding, or propagating game. 
 
 (c) To accept, on behalf of the state, donations of game birds and animals, and of 
 money given or appropriated for protection, feeding, or propagation of game in said 
 district, and to use the same for the said purposes, and as nearly as may be, for any 
 particular purpose indicated by the donor, 
 
 (d) To make additional rules and regulations, not in conflict with this act or other 
 statutes of the state, for the protection and propagation of game in said district. 
 
 (e) To issue in their discretion, and under such restrictions as they may deem best, 
 permits for carrjdng, using, or having in possession within said district, firearms, traps, 
 or other instruments or means for killing or taking birds or animals; but no such per- 
 mits shall allow any person to hunt, kill, destroy or take any game birds or animals; 
 and no hunting, killing or destruction of wild birds or animals, other than game birds 
 or animals, within said Mount Tamalpais game refuge shall be allowed, by game wardens 
 or by persons holding special permits for the purpose ; and persons holding such special 
 permits shall be allowed so to hunt, kill, or destroy only when accompanied by a member 
 of the fish and game commission, or by an authorized deputy thereof, or by the sheriff 
 or a deputy sheriff of Marin county, except the lawful occupants of said lands and their 
 employees shall not be required to obtain permits for the purpose of killing ground 
 squirrels, gophers, owls, hawks, blue jays, skunks or other destructive animals which are 
 not game animals as in this act defined. 
 
 Penalty. 
 
 § 5. Any person who shall violate any of the provisions of this act shall be guilty of 
 a misdemeanor, and shall be punishable by a fine not exceeding five hundred dollars, or 
 
 11
 
 I 
 
 871 GAME LAWS. Acts 1607-1703 
 
 by imprisonment not exceeding one hundred fifty days, or by both such fine and impris- 
 onment. [Amendment of May 13, 1919. In effect July 22, 1919. Stats. 1919, p. 521.] 
 
 Duty of cJicers. 
 
 ^ 6. It shall be the duty of the fish and game commission of the state of California 
 and of its deputies, and also of the district attorney, and of the sheriff, and of all other 
 peace officers of Marin county to enforce all the provisions of this act, and to institute 
 and assist in prosecutions for violations thereof. 
 
 County appropriation. 
 
 $ 7. Any county may, in the discretion of its board of supervisors, appropriate and 
 pay to the fish and game commission of the state of California, funds to be used by 
 them, as provided in subdivision " c " of section four hereof. 
 
 RAILWAY CAR FOR FISH DISTRIBUTION. 
 
 ACT 1697 — An act to provide for the acquisition, ectuipment and use of a railway car 
 
 for the purpose of distributing live fish and stocking the waters of this state with 
 
 fish, and making an appropriation therefor. [Approved March 21, 1907. Stats. 1907, 
 
 p. 777.1 
 
 ^ ■" History: Approved March 21, 1907, Stats. 1907, p. 777. 
 
 This act appropriated the sum of $7500 for the purpose Indicated. 
 
 PURCHASE OF FISH HATCHERIES AT SISSON. 
 ACT 1698 — An act authorizing the fish commissioners to purchase the land on wMcli the 
 state fish hatcheries at Sisson are situated. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 258. 
 The sum of ^500 was appropriated for the purpose. 
 
 PURCHASE OF ADDITIONAL LAND FOR FISH HATCHERY AT SISSON. 
 ACT 1699 — An act to provide for purchasing land for the state fish hatchery at Sisson, 
 in Siskiyou county, and for making certain improvements and repairs at said hatchery, 
 and making an appropriation therefor. 
 
 History: Approved March 25, 1903, Stats. 1903, p. 434. 
 The snm of $10,000 was appropriated for the purpose. 
 
 REMOVAL OF OBSTRUCTIONS IN AMERICAN RIVER. 
 ACT 1700 — An act authorizing commissioners to remove obstructiona in American 
 nver. History: Approved March 5, 1889, Stats. 1889, p. 66. 
 
 SALMON HATCHERY. 
 ACT 1701 — An act authorizing fish commissioners to build and maintain a salmon 
 hatchery. History: Approved March 9, 1835, Stats. 1885, p. 31. 
 
 REMOVAL OF OBSTRUCTIONS IN PITT RIVER. 
 ACT 1702 — An act to provide for removing obstructions in Pitt river, above the month 
 of Hat creek, so as to enable salmon to reach the spawning-grounds on the upper 
 waters of said river and its tributaries, and making an appropriation therefor. 
 History: Approved March 25, 1901, Stats. 1901, p. 808. 
 
 DISPOSAL OF HATCHERY AT BATTLE CREEK. 
 ACT 1703 — An act authorizing the board of fish commissioners to dispose of the 
 hatchery located on Battle creek in Tehama county, and to expend the proceeds of 
 
 the same. History: Approved March 9, 1897, Stats. 1897, p. 89. 
 
 This act authorized the sale for $2600 to be credited to the fish commission fund.
 
 Acis 170-1-1712, § 1 GENEHAL LAWS. 871 
 
 FISH REPOSITORY ON STANISLAUS RIVER. 
 ACT 1704 — An act to authorize the hoard of fish commissioners of the state to con- 
 struct a fish repository on the Stanislaus river in Tuolumne county, and making an 
 appropriation therefor. 
 
 History: Approved March 13, 1907, Stats. 1907, p. 249. 
 
 AUTHORIZING CONSTRUCTION OF STEAM LAUNCH. 
 ACT 1705 — An act authorizing the hoard of fish commissioners to construct a steam 
 
 launch. History: Approved March 12, 1885, Stats. 1885, p. 124. 
 
 The mum ot $4000 was appropriated for the purpose. 
 
 PURCHASE OF GASOLINE LAUNCH. 
 ACT 1706 — An act to authorize the hoard of fish commissioners to purchase or construct 
 a gasoline launch, to aid in carrying out the purposes of said hoard, and appropriating 
 money therefor. 
 
 History: Approved March 31, 1897, Stats. 1897, p. 346. 
 The act appropriated the sum of $2600 for the purpose indicated. 
 
 DISPOSAL OF STEAM LAUNCH GOVERNOR STONEMAN, 
 ACT 1707 — Authorizing fish commissioners to dispose of the steam launch Governor 
 Stoneman and to replace it hy two smaller hoats to he used as patrol hoats. 
 History: Approved March 19, 1889, Stats. 1889, p. 350. 
 
 IMPORTATION OF GAME BIRDS FOR PROPAGATION. 
 ACT 1708 — An act to authorize state hoard of fish commissioners to import game hirds 
 into the state for propagation. 
 
 History: Approved March 16, 1889, Stats. 1889, p. 304. 
 This act appropriated $2000 for the im- pheasants, grouse, and skylarks, for propa- 
 portation of game birds, including wild tur- gatlon purposes, 
 keys, prairie chickens, bob white quail, 
 
 PROTECTION OF GAME IN NEVADA COUNTY. 
 ACT 1709 — An act for the protection of game in Nevada county. 
 
 History: Approved February 6, 1874, Stats. 1873-74, p. 80. 
 Code commissioners' note: "Probably modified and repealed by Penal Code, §8 626e, 626f, 
 626h, and 6261." 
 
 RESTRICTING HUNTING IN YOLO COUNTY. 
 ACT 1710— An act to restrict the hunting or shooting of game in the county of Yolo. 
 History: Approved March 16. 1872, Stats. 1871-72, p. 411. 
 Code commissioners' note: "Probably superseded by the general laws on the subject. — 
 See Penal Code, §§ 635, 636, 636a." 
 
 This act made It a misdemeanor to hunt, pursue, kill or destroy any deer within three 
 miles of the summit of Mount Diablo for a period of four years. 
 
 PRESERVATION OF MOCKING BIRDS. 
 
 ACT 1712 An act to prevent the capture and destruction of mocking-hirds in this state. 
 
 History: Approved February 14, 1872, Stats. 1871-72, p. 102. 
 This act made It a misdemeanor to shoot, injure or destroy their nests or eggs, and 
 snare or trap mocking birds or to take. fixed a penalty therefor. 
 
 Mocking hirds must enjoy perfect immunity. 
 
 § 1. Any person or persons who shall wilfully and knowingly shoot, wound, trap, 
 snare, or in any other manner catch or capture any mocking-bird in the state of Cali- 
 fornia, or shall knowingly take, injure or destroy the nest of any mocking-bird, or shall 
 take, injure, or destroy any mocking-birds' eggs, in the nest or otherwise, in said state,
 
 ST3 GAME LAWS. Acts 1715-1721 
 
 shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice 
 of the peace of the township in which the offense shall have been committed, shall be 
 fined in a sum not less than five dollars nor exceeding ten dollars, and cost of the action 
 for each offense, or may be imprisoned not less than five days nor more than ten days, 
 or by both such fine and imprisonment, as the judge of the court may direct. 
 
 Fines. Disposition of. 
 
 $ 2. All fines collected under the provisions of this act shall be paid into the county 
 treasury for the benefit of the common school fund. 
 
 Act takes effect when. 
 
 $ 3. This act shall take effect and be in force from and after its passage. 
 
 PREVENTION OF DESTRUCTION OF FISH AND GAME IN LAKE MERRITT. 
 ACT 1715 — ^An act to prevent destruction of fish and game in the waters of Lake 
 Merritt, or Peralta, in the county of Alameda. 
 
 History: Approved March 18, 1870, Stats. 1869-70, p. 325. Continued 
 In force by the codes. See Kerr's Cyc. Political Code, § 19, and Kerr'a 
 Cyc. Penal Code, § 23. 
 
 PROTECTION OF FISH AND GAME IN NAPA COUNTY. 
 ACT 1716 — An act for the protection of fish and game in certain portions of Napa 
 coun y. History: Approved March 26, 1872, Stats. 1871-72, p. 550. 
 
 Code commissioners' note: "Probably repealed by the general laws upon the subject. — 
 See Penal Code, §§ 635, 636, 636a." 
 
 DESTRUCTION OF FISH PROHIBITED IN ALAMEDA COUNTY. 
 ACT 1720 — An act to prohibit the destruction of fish in Alameda county. 
 History: Approved March 28, 1878, Stats. 1877-78, p. 598. 
 
 Catching fish in Lake Chabot. 
 
 § 1. It shall not be lawful for any person to catch, take, or destroy any fish of any 
 kind in the body of water known as Lake Chabot, in the San Leandro creek, in Ala- 
 meda county, belonging to the Contra Costa Water Company, without permission of 
 the owner or owners thereof. 
 
 Catching fish in San Leandro creek. Time of catching defined. 
 
 ^ 2. It shall not be lawful to take, kill, or destroy any brook or speckled trout, 
 salmon, or salmon-trout, or any other species of fish in San Leandro creek and its 
 branches or tributaries, or in any of the streams or water-courses of said county, 
 between the first day of October of each year and the first day of April of the following 
 year. 
 
 Misdemeanor. 
 
 § 3. Any person violating the provisions of this act shall be guilty of a misde- 
 meanor. 
 
 Act takes effect when. 
 
 $ 4. This act shall take effect and be in force from and after its passage. 
 
 PREVENTION OF DESTRUCTION OF FISH IN BOLINAS BAY. 
 
 ACT 1721 — An act to prevent destruction of fish in the waters of Bolinas bay in Marin 
 county. 
 
 History: Approved March 31, 1866, Stats. 1865-66, p. 637. Continued 
 in force. See Kerr's Cyc. Political Code, § 19, and Kerr's Cyc. Penal 
 Code, § 23.
 
 <.ts 1722-1724, g§ 1.2 GENERAL I-AWS. 874 
 
 PROTECTION OF FISH IN BUTTE CREEK. 
 
 A.CT 1722 — An act for the protection of fish in Butte creek, in the county of Butte. 
 History: Approved February 21, 1872, Stats. 1871-72, p. 138. Amended 
 February 9, 1874, Stats. 1873-74, p. 87. 
 
 Code commissioner's note: "Probably su- ject." — See Kerr's Cyc. Penal Code, §§ 635, 
 perseded by the general laws on the sub- 636, 636a. 
 
 REGULATING SALMON FISHERIES ON EEL RIVER. 
 ACT 1723 — An act to regulate salmon fisheries on Eel river in Humboldt county. 
 
 History: Approved April 18, 1859, Stats. 1859, p. 298. Continued in 
 force. See Kerr's Cyc. Political Code, § 19, and Kerr's Cyc. Penal 
 Code, § 23. 
 
 1. Rig-ht of fi.shery — Riparian oTTner. — more than five years next before the com- 
 As to the rights of owners of land along mencement of the suit, under a claim of 
 the banks of Eel river to the fishing- privi- title, will not support a judgment in their 
 leges under the act, where, subsequent to favor of title by prescription. — Heckman v. 
 the acquisition of title the channel of the Swett, 99 Cal. 303, 33 Pac. 1099; Same v. 
 river was changed as the result of a Same, 107 Cal. 276, 40 Pac. 420. 
 
 freshet, and the owner of one bank has a See, also, Heckman v. Swett, 4 Cal. Un- 
 bar or grade suitable for landing nets or rep. 312, 33 Pac. 1099. 
 
 seines or nets, and the owner of the op- 4. Same — Trespasser. — Under section 5 of 
 
 posite bank has a bold, abrupt shore. — See the act it is made a misdemeanor to exer- 
 
 Heckman v. Swett, 99 Cal. 303, 33 Pac. 1099; cise the right of fishery in Eel river, he 
 
 Same v. Same, 107 Cal. 276, 40 Pac. 420. having no such right, and title by pre- 
 
 See, also, Heckman v. Swett, 4 Cal. Un- scription can not be acquired by a tres- 
 
 rep. 312, 33 Pac. 1099. passer.— Heckman v. Swett, 99 Cal. 303, 33 
 
 2. Same — Same. — Th? right of fishery Pac. 1099. 
 
 under sections 2, 3 and 4, of the act is a See, also, Heckman v. Swett, 4 Cal. Un- 
 
 right appurtenant to the land, and the rep. 312, 33 Pac. 1099. 
 
 ownership of the land is inseparable from 5. Act not repealed by code provisions. 
 
 the fishing privilege. — Heckman v. Swett, — The act v/as not repealed by sections 634 
 
 99 Cal. 303, 33 Pac. 1099; Same v. Same, 107 to 636, Penal Code. — Heckman v. Swett, 107 
 
 Cal. 276, 40 Pac. 420. Cal. 276, 40 Pac. 420. 
 
 See, also, Heckman v. Swett, 4 Cal. Un- 6. Applies to salmon fishing only. — The 
 
 rep. 312, 33 Pac. 1099. act deals only with the' salmon fishing, and 
 
 3. Same — Same. — The right of fishery a judgment enjoining one without the right 
 under the act can not be acquired by pre- of fishery under the act from casting any 
 scription apart from the ownership of the nets in the waters fronting plaintiff's lands 
 land to which it is appurtenant, and a find- is too broad and should be limited to en- 
 ing that defendants have occupied and joining the casting of nets for salmon. — 
 used the shore for fishing exclusively for Heckman v. Swett, 107 Cal. 276, 40 Pac. 420. 
 
 PRESERVATION OF FISH IN LAKE BIGLER. 
 ACT 1724 — An act for the preservation of fish in the waters of Lake Bigler, 
 History: Approved March 30, 1878, Stats. 1877-78, p. 746. 
 
 Catching fish, except hy hook and line, in Lake Bigler. 
 
 § 1. It shall not be lawful for any person or persons to catch or kill any fish in the 
 waters of Lake Bigler, or in any stream leading into or from said Lake Bigler, with 
 any seine, gill-net, spear, wire fence, basket, trap-set net, or dam, or any poisonous, 
 deleterious or stupefying drug or explosive compound, or any other implement or 
 appliance, except by means of a hook and line. 
 
 Penalty. 
 
 $ 2. Any person or persons who shall violate any provision of this act shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof before any justice of 
 the peace, in Placer county. El Dorado county, or Nevada county, shall be punished 
 by a fine of not less than one hundred dollars nor more than five hundred, or by impris- 
 onment in the county jail not less than thirty days nor more than four months, or by 
 both such fine and imprisonment, in the discretion of the court, for each and every 
 offense, besides the cost of prosecution.
 
 game: laws. Acts 1725, 1727, §§ 1, 2 
 
 Fines; how paid. 
 
 $ 3. The district attorney, or his deputy, of El Dorado county, or of Placer county, 
 or of Nevada county, whichever the informer may notify as within the district attor- 
 ney's jurisdiction, shall prosecute such suits, and, upon conviction, all fines, damag'es, 
 and penalties that may be awarded or collected under this act shall be paid one half 
 to the district attorney and one half to the informer, share and share alike; and it 
 is hereby made the duty of the district .attorney, or his appointed deputy, of the 
 counties of Placer, El Dorado, and Nevada, to prosecute all cases arising under this act. 
 
 Conflicting acts repealed. 
 
 $ 4. All acts, and provisions of any act or parts of acts, conflicting with this act, 
 are hereby repealed. 
 
 Act takes effect when. 
 
 $ 5. This act shall take effect and be in force from and after its passage. 
 
 Prohibited taking fish in Lake Bigler penalty, and divided the fine between the 
 otherwise tlian by hook and line, made the district attorney and the informer, 
 violation a misdemeanor, prescribed the 
 
 PREVENTION OF DESTRUCTION OF FISH IN KING'S RIVER. 
 ACT 1725 — An act to prevent the destruction of fish in King's river. 
 
 History: Approved March 28, 1878, Stats. 1877-78, p. 601. 
 
 Passage of fish through ditches prevented; how. 
 
 § 1. The proprietors of all water-ditches and flumes, drawing their supply from the 
 waters of King's river, shall place and keep in good repair at the heads of their respec- 
 tive ditches or flumes, through which all the water from the river entering the ditch 
 or flume shall pass, strips of wood or other material, the meshes between which shall 
 not exceed one inch in width, for the prevention of the passage of fish from the river 
 into the flumes or ditches. Any person taking water from King's river in violation of 
 the provisions of this act is guilty of a misdemeanor. 
 
 As to screens over mill races, flumes, pipes, etc. — See Kerr's Cyc. Penal Code, § 629. 
 
 USE OF SEINES, ETC., IN NAPA RIVER PROHIBITED. 
 
 ACT 1727 — An act to prohibit the use of nets, seines, traps, or weirs in the Napa river 
 
 and its tributaries in the counties of Sonoma, Napa and Solano. 
 
 History: Approved March 4, 1911, Stats. 1911, p. 273. Prior act of 
 January 29, 1868, Stats. 1867-68, p. 13, to prevent the destruction of fish 
 in Napa river and Sonoma creek, and continued in force by the codes 
 (Kerr's Cyc. Political Code, § 19, and Kerr's Cyc. Penal Code, § 23) 
 contained substantially the same provisions, and is believed to have 
 been superseded by the present act. 
 
 Seining in Napa river. 
 
 $ 1. Any person who in the waters of Napa river from its source to its mouth or in 
 any of the tributaries of said river shall take fish of any kind, by means of a net, seine, 
 trap, weir or gang hook, or who shall have in his possession, or use, or set any net, 
 seine, trap, weir or gang hook for the purpose of catching any fish in said waters, is 
 guilty of a misdemeanor; provided, that nothing in this act contained shall prohibit 
 any person from taking during the open season therefor any fish with hook and line. 
 
 Penalty. 
 
 § 2. Every person found guilty of violating any of the provisions of this act shall be 
 fined not less than one hundred dollars or by imprisonment in the county jail in the 
 county in which the conviction shall be had, not less than fifty days, or by both such
 
 Acts 1728-1735 GI<}>'KRAL. LAWS. 876 
 
 fine and iiniirisonraent, and all such fines imi:)osed or collected for violation of any 
 provision of this act, shall be pJid into the state treasury to the credit of the fish and 
 game preservation fund. 
 
 Setting of seines or nets for fish. — See Kerr's Cyc. Penal Code, §§636, 636a, 
 
 USE OF SEINES, ETC., IN SAN ANTONIO CREEK, PROHIBITED. 
 ACT 1728 — An act to prevent the catching of fish by seines, nets, or weirs, in. the San 
 Antonio creek, in the county of Alameda. 
 
 History: Approved March 20, 1876, Stats. 1875-76, p. 362. 
 SettinsT of seines or nets for fish. — See Kerr's Cyc. Penal Code. §S 636, 636a> 
 
 Use of seines and nets unlawful. 
 
 $ 1. It shall not be lawful for any person to catch fish in the waters of the San 
 Antonio creek, in the county of Alameda, by the use of seines, nets, or weirs. 
 
 Penalty for violation. 
 
 $ 2. Any person violating the provisions of this act shall be subject to a penalty 
 of not less than fifty nor more than one hundred dollars for each offense, or imprison- 
 ment in the county jail of the county of Alameda for a term of not less than thirty nor 
 more than sixty days, which penalty may be enforced by any police judge or justice of 
 the peace of said county. 
 
 Act takes effect when. 
 $ 3. This act shall take effect and be in force from and after its passage. 
 
 PRESERVATION OF FISH IN SISKIYOU COUNTY. 
 
 ACT 1731 — An act for the preservation of fish in the waters of Siskiyou county. 
 
 History: Approved March 16, 1872, Stats. 1871-72, p. 385. 
 
 Code commissioners' note; "Probably su- subject. — See Penal Code, §§ 635, 636, 636a." 
 perseded by the general laws upon the 
 
 PROTECTION OF FISH IN FALSE BAY. ' 
 ACT 1733 — An act to prevent fishing or the taking of fish by means of weirs, dams, 
 nets, traps or seines in False bay or in the entrance thereto. 
 
 History: Approved March 25, 1909, Stats. 1909, p. 751. 
 
 Protection of fish in False bay. 
 
 § 1. Any person who, in the waters of False bay, in the county of San Diego, state 
 of California, or in the entrance of said bay, shall use any weir, dam, net, trap or seine 
 of any description for the purpose of catching fish or who shall, in these waters, take 
 any fish from any weir, dam, net, trap or seine, is guilty of a misdemeanor. 
 
 Penalty. 
 
 § 2. Any person convicted of the violation of any of the provisions of this act shall 
 be fined not less than ten dollars nor more than fifty dollars, or shall be imprisoned 
 in the county jail of said county not less than five days nor more than twenty-five 
 days, or shall be both fined and imprisoned in the discretion of the court. 
 
 Act takes effect when. 
 
 vj 3. This act shall take effect immediately. 
 
 PROTECTION OF FISH IN MENDOCINO COUNTY. 
 
 ACT 1735 — An act to prevent the taking of fish by means of weirs, dams, nets, traps or 
 
 seines, in certain tide-water on the coast of Mendocino county. 
 
 History: Approved March 25, 1909, Stats. 1909, p. 753. Amended 
 April 14, 1911, Stats. 1911, p. 915.
 
 *i77 GAMB LAWS. Acts 1736, 1737, §g 1, 2 
 
 Protection of fish in certain tide-waters of Mendocino county. 
 
 $ 1. Any person who in the tide-water of the Noyo, Big, Ten-mile, Garcia, Navarro, 
 or Gualala rivers in Mendocino county, shall use any weir, dam, net, trap or seine of 
 any description for the purpose of catching fish, or who shall in any of said tide-water 
 take any fish of any kind from any weir, dam, net, trap, or seine, is guilty of a misde- 
 meanor and is punishable by a fine of not less than ten nor more than fifty dollars, or 
 by imprisonment in the county jail of said county not less than five days nor more than 
 twenty-five days, or by both such fine and imprisonment. 
 
 Extent of tide-water. 
 
 § 2. In the construction and meaning of this act the limits of tide-water in the Noyo 
 river shall be deemed to extend from its mouth to the mouth of the South Fork thereof; 
 in the Big river from the mouth thereof to the Laguna; in the Ten-mile river from the 
 mouth thereof to the Soda springs; in the Garcia river from the mouth thereof to the 
 mouth of the North Fork thereof; in the Navarro river from the mouth thereof to 
 Barton gulch; in the Gualala river from the mouth thereof to the mouth of the North 
 Fork thereof. 
 
 Act takes effect when. 
 
 § 3. This act shall take effect immediately. 
 Act subject to Penal Code, section 634. 
 
 $ 4. The provisions of this act are subject to section 634 of the Penal Code, and the 
 use of such weir, dam, net, trap or seine for the purpose of catching fish, and the taking 
 of fish from any weir, dam, net, trap or seine in the waters described in this act shall 
 be pennitted at the times and in the manner set out in said section 634 of the Pens' 
 Code. [Amendment approved April 14, 1911. Stats. 1911, p. 915.] 
 
 PREVENTION OF DESTRUCTION OF WILD GAME IN PINNACLES 
 FOREST RESERVE. 
 ACT 1736 — An act to prevent the destruction of wild game within the boundaries of 
 the Pinnacles forest reserve and Pinnacles national monument in the counties of 
 San Benito and Monterey, in the state of California. 
 
 History: Approved March 25, 1909, Stats. 1909, p. 750. 
 
 USE OF WEIRS, ETC., IN MONTEREY BAY. 
 ACT 1737 — An act to prevent fishing, or the taking of fish by means of weirs, dams, 
 nets, traps or seines in certain portions of the Monterey bay, within the county of 
 Santa Cruz. History: Approved March 4, 1911, Stats. 1911, p. 272. 
 Seining in Monterey bay. 
 
 ^ 1. Any person who, in the waters of Monterey bay in the county of Santa Cruz, 
 state of California, north of an imaginary line from Point Santa Cruz to Point Sauquel, 
 sometimes known as Black Point, shall use any weir, dam, net, trap or seine of any 
 description except gill nets of one and one-half inch mesh for the purpose of catching 
 fish, or who shall, in these waters, take any fish from any weir, dam, net, trap or seine, 
 except gill nets of one and one-half inch mesh is guilty of a misdemeanor. 
 
 Penalty. 
 
 ^ 2. Any person convicted of a violation of any of the provisions of this act shall be 
 fined not less than fifty ($50) dollars nor more than one hundred ($100) dollars, or 
 shall be imjirisoned in the county jail of the county of Santa Cruz not less than twenty- 
 five (25) nor more than fifty (50) days, or shall be both fined and imprisoned in the 
 discretion of the court. 
 
 Setting of ticines and nets for fish. — See Kerr's Cyc. Penal Code, §S 636, 636a.
 
 Acts iras, 173Sa, 8§ 1-3 GEIVKRAL L,AWS. 878 
 
 USE OF NETS, ETC., IN CACHE SLOUGH PROHIBITED. 
 ACT 1738 — An act to prohibit the use of nets, seines, traps, or weirs for the catching 
 
 of fish in Cache slough and its tributaries in the counties of Solano and Yolo. 
 History: Approved February 20, 1911, Stats. 1911, p. G6. 
 Seining in Cache slough. 
 
 § 1. Any person who, in the waters of Cache slough, from its source to its mouth, 
 in the counties of Solano and Yolo, state of California, or in any of the tributaries of 
 said slough in either county, shall take any fish of any kind, by means of a net, seine, 
 trap or weir, or who shall have in his possession, or use, or set any net, seine, trap 
 or weir for the purpose of catching any fish in said waters, is guilty of a misdemeanor ; 
 provided, that nothing in this act contained shall prohibit any person from taking, 
 during the open season therefor, any fish with hook and line. 
 
 Penalty. 
 
 $ 2. Every person found guilty of violating any of the provisions of this act shall 
 be fined not less than one hundred dollars, or by imprisonment in the county jail in 
 the county in which the conviction shall be had, not less than fifty days, or by both 
 such fine and imprisonment, and all fines imposed or collected for violation of any 
 provision of this act shall be paid into the state treasury to the credit of the fish and 
 game preservation fund. 
 
 § 3. This act shall take efEect immediately. 
 
 Setting of nets and seines for fish. — See Kerr's Cyc. Penal Code, §§ 636, 636a. 
 
 RESTRICTION OF FISHING IN DISTRICT 19. 
 ACT 1738a — An act to restrict fishing within seven hundred fifty feet of any pier, 
 wharf, jetty or breakwater in fish and game district number nineteen of the state of 
 California. 
 
 History: Approved May 13, 1919. In effect July 22, 1919. Stats. 
 1919, p. 463. Prior act of May 21, 1915. In effect August 8, 1915. Stats. 
 1915, p. 729. Superseded by present act. 
 
 Protection of fish near pier, wharf, etc. Smelt excepted. 
 
 ^ 1. Every person who, in fish and game district number nineteen, takes, catches, 
 or kills any fish, except with hook and line in the manner known as angling and except 
 anchovies, squids and sardines with a hand-net conforming to the following measure- 
 ments and description; a dip or bait net constructed with a metal ring or hoop, or a 
 square frame not to exceed ten feet in diameter around which a fine mesh net, sack or 
 bag is hung, to this loop or frame, from which the net bag is hung, three or four lines 
 are attached and form a bridle, which is made fast to a hand line, which is used for 
 lowering the net from the pier or bank, within seven hundred fifty feet of the end or 
 sides of any pier, wharf, jetty or breakwater, is guilty of a misdemeanor; provided, 
 that this act shall not apply to the taking or catching of smelt only. 
 
 Penalty. 
 
 5 2. Every person found guilty of a violation of the provisions of this act shall be 
 fined not more than five hundred dollars, or be imprisoned not more than one hundred 
 and fifty days; and all fines or forfeitures imposed and collected for any violation of 
 any of the provisions of this act must be paid into the state treasury to the credit of the 
 fish and game preservation fund. 
 
 For scientific purposes. 
 
 § 3. Nothing in this act shall prohibit the United States fish and game commission 
 and the fish and game commission of this state from taking, at all times, such fish in 
 such manner as they may deem necessary for the purposes of propagation or for scien- 
 tific purposes. 
 
 \
 
 S79 GA3IE LAWS. Acts 1739-1741, §§ 1, 3 
 
 EXPENSES AND COSTS OF TRIAL TOR VIOLATION OP 
 
 FISH AND GAME LAWS. 
 
 ACT 1739 — An act concerning the payment of the expenses and costs of the trial of 
 
 persons charged with the violation of the laws for the preservation of fish in the 
 
 navigable waters of this state. 
 
 History: Approved February 28, 1887, Stats. 1887, p. 5. Entire act 
 amended February 12, 1903, Stats. 1903, p. 20, 
 
 This act, including the title, was amended by the act of 1903, to read (§4 being new) 
 as follows: 
 
 An act providing for the pa3mient of the costs and expenses of all trials and proceed- 
 ings against any person charged with the violation of the laws of this state for 
 the preservation, protection, or restoration of fish. 
 
 Trials of offenses against fish laws. Costs. 
 
 $ 1. The costs and expenses of all trials and proceedings which shall hereafter be 
 had in any county of this state against any person charged with having violated any of 
 the provisions of any law of this state for the preservation, protection, or restoration 
 of fish, shall be borne and paid by the state. 
 
 Claims for costs, where presented. 
 
 $ 2. Any claim against the state for the cost and expenses named in this act shall 
 be presented to the state board of fish commissioners, duly verified, and after approval 
 and allowance by said board, shall be acted upon by the state board of examiners, and 
 paid out c>'f the fish commission fund. 
 
 $ 3. (Ilenumbered § 5.) 
 
 Eepeali of conflicting acts. 
 
 § 4. All acts and parts of acts in conflict with this act are hereby repealed. 
 
 Act takes effect when. 
 
 § 5. This act shall take effect immediately. 
 
 COUNTY FISH HATCHERIES. 
 ACT 1740 — An act empowering the boards of supervisors of the several counties of the 
 state, in their discretion, to establish and maintain fish hatcheries and provide for 
 the expense of the establishment and maintenance thereof. 
 
 History: Approved March 21, 1907, Stats. 1907, p. 757. 
 
 CRAB PRESERVE IN EEL RIVER. 
 A.CT 1741 — An act to create a preserve for crabs within Eel river and the entrance 
 thereto and Humboldt and Trinidad bays and the waters of the Pacific ocean adja- 
 cent thereto, and to regulate the taking of crabs from such preserve for commercial 
 purposes. History: Approved March 13, 1909, Stats. 1909, p. 298. 
 
 $ 1. A preserve for crabs is hereby created which shall consist of Eel river and the 
 entrance thereto and Humboldt bay and Trinidad bay and the waters of the Pacific 
 ocean adjacent to said bays within the limit of two miles from the inside shore line of 
 each of said bays. 
 
 § 2. It shall be unlawful to fish for, catch, take, or remove any crabs for commercial 
 purposes from the preserve hereby created; provided, however, that during the open 
 season for crabs as now or which may be hereafter defined by law, crabs may be taken 
 and removed from the preserve hereby created during the day of Thursday of each and 
 every week, and at no other time.
 
 Acts 1742, 1743. g 1 GENERAL LAWS. 8S0 
 
 5 3. Any person violating the provisions of this act shall be guilty of a misdemeanor, 
 and, upon conviction thereof, shall be punished by a fine of not exceeding five hundred 
 dollars or imprisonment in the county jail for a term not exceeding ninety days, or by 
 both such fine and imprisonment. 
 
 $ 4. This act shall take effect from and after its passage. 
 
 SHELLFISH PRESERVE IN MONTEREY BAY. 
 
 ACT 1742 An act to create a preserve for shellfish and invertebrate animals within a 
 
 portion of the bay of Monterey and to prohibit taking the same from such preserve 
 for commercial purposes. 
 
 History: Approved March 21, 1907, Stats. 1907, p. 758. Entire act 
 except the title amended June 16, 1913. In effect August 10, 1913. 
 Stats. 1913, p. 980, 
 
 This entire act except title, was amended in 1913 (Stats. 1913, p. 980) as follows: 
 
 Shellfish preserve in Monterey bay created. 
 
 $ 1. A preserve for all kinds of shellfish and invertebrate animals, except squid and 
 devilfish, is hereby created, which shall consist of that portion of the bay of Monterey 
 bounded and described as follows: Commencing at the extreme point of Point Pinos 
 at the southern entrance to Monterey bay and running thence in a straight line easterly 
 to the eastern shore of said bay to a point north of the town of Seaside, said point 
 being marked by a permanent monument placed by the United States government sur- 
 veyors and designated as "Monterey N. 0. T. C. & G. S. Sta."; thence following the 
 shore line on and around the southerly side of said bay to the place of beginning. 
 
 Fishing prohibited. 
 
 § 2. No person shall fish for, catch, take or remove any shellfish or invertebrate 
 animals of any kind, other than squid and devilfish, for commercial pui-poses from the 
 preserve hereby created. 
 
 Penalty. 
 
 § 3. Any person violating any of the provisions of this act shall be guilty of a misde- 
 meanor, and upon conviction thereof, shall be punished by a fine of not less than 
 twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county 
 jail of the county in which conviction shall be had of not less than ten days nor more 
 than one hundred and fifty days, or by both such fine and imprisonment. 
 
 Disposition of fines. 
 
 § 4. All fines and forfeitures imposed and collected for any violation of the provi- 
 sions of this act shall be paid into the state treasury to the credit of the fish and game 
 preservation fund. 
 
 ACT 1743 — An act to provide for the transfer to the state of California by owners of 
 patented lands therein of the right to preserve and protect wild game on such 
 patented lands; to define the duties of the state board of fish commissioners in 
 relation to the control of such rights, and to declare the hunting of wild game within 
 the exterior boundaries of the land to which such right attaches, a misdemeanor. 
 History: Approved March 21, 1907, Stats. 1907, p. 788. Amended 
 March 20, 1909, Stats. 1909, p. 518; June 16, 1913. In effect August 10, 
 1913. Stats. 1913, p. 992. 
 
 Transfer of land for game preserve authorized. Unlawful to take game. Notices. 
 
 § 1. Any person, firm or corporation, owning and in possession of patented lands in 
 the state of California, embracing an area of not less than one hundred and sixty acres, 
 may transfer, by an instrument in writing duly acknowledged before an officer author- 
 
 I
 
 8S1 
 
 GAMG LAWS. Act 1744 
 
 ized under the laws of this state to take acknowledgments, to the state of California, 
 the right to preserve and protect all wild game on the land described therein for a 
 period of not less than ten years. Such instrument shall be filed with the state board 
 of fish commissioners; whereupon such board may in its discretion declare the lands 
 described in such instrument a state game pr'^serve, and thereafter for the period 
 named therein, shall, for all the purposes relating to the preservation and protection 
 of wild game, be under the control of said board. Such preserve shall be numbered 
 in the order of the filing of the instrument of transfer thereof. A copy of the declara- 
 tion establishing the same shall, under the seal of said board, be issued to such person, 
 firm or corporation, transferring the right therefor. During the period named in such 
 instrument it shall be unlawful for any person to hunt, pursue, shoot, take, kill or 
 destroy any wild game within the exterior boundaries thereof. The state board of fish 
 commissioners shall cause to be prepared suitable notices to be posted under its direc- 
 tion on each state game preserve and such notice shall describe the lands constituting 
 the same, and shall contain a warning to all persons to refrain for the period named 
 therein from violations of the provisions of this act; provided, however, that no pro- 
 vision in this act contained shall be construed as prohibiting or preventing any person 
 or persons from hunting or taking fish and wild game from or on navigable water; 
 and provided, further, that the word "lands," as used in this section, shall not be 
 construed to include any land which is covered and uncovered by the ordinary daily 
 tide of the Pacific ocean. [Amendment of June 16, 1913. In effect August 10, 1913. 
 Stats. 1913, p. 992.] 
 
 This section was also amended March 10, 1909, Stats. 1909, p. 518. 
 
 Control of state game preserves. 
 
 $ 2. All state game preserves established under the provisions of this act shall for 
 all purposes of preservation and protection of wild game thereon, be under the control 
 and management of the state board of fish commissioners, and the said board, its 
 officers and employees, and all game wardens, may at all times enter in and upon such 
 preserves, in the performance of their duties. The said board may establish such regu- 
 lations as may, in its judgment, be necessary for the preservation and protection of the 
 wild game on such preserves, and for that purpose may direct and authorize game 
 wardens or other officers to execute such regulations. All expenses incurred in carry- 
 ing out the provisions of this act and the regulations that may be established there- 
 under, shall be a charge against and paid out of the ''game preservation fund" estab- 
 lished under an act entitled "An act to regulate and license the hunting of game birds 
 and animals and to provide revenue therefrom, for game preservation and restoration 
 and to make appi'opriations for the purpose of carrying out the objects of this act." 
 
 Penalty for hunting or destrosdng game within. 
 
 $ 3. The hunting, pursuing, shooting, taking, killing or destroying of any wild game 
 within the exterior boundaries of any state game preserve established under the pro- 
 visions of this act, is hereby declared a misdemeanor, and all fines collected in any 
 prosecution therefor shall be paid into said "game preservation fund." 
 
 ^ 4. This act shall take effect and be in force from and after its passage. 
 
 PROTECTION OF FUR-BEARING ANIMALS. 
 ACT 1744 — An act to provide for the protection of fur-bearing mammals, defining fur- 
 bearing mammals, providing for a license for hunting or trapping such fur-bearing 
 mammals and requiring reports to be filed with the fish and game commission. 
 
 History: Approved May 18, 1917. In effect July 27, 1917. Stats. 
 1917, p. 653. Amended May 13, 1919. In effect July 27, 1917. Stata. 
 1919, p. 388. 
 Gen. Laws — 56
 
 Act 1744, §§ 1-7 GBNERicL. LAWS. 882 
 
 Killing fur-Tjearing mammaL 
 
 5 1. Every person wlio, between the last day of February and the fifteenth day of 
 October of any year, traps, hunts, takes or kills any fur-bearing mammal is guilty of 
 a misdemeanor. [Amendment of May 13, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 389.] 
 
 Killing otherwise than hy trap or gun. 
 
 5 2. Every person who at any time takes, hunts or kills any fur-bearing mammal 
 in any manner other than by trap or gun, or who shall at any time take or kill any 
 skunk by digging or driving them from dens or by use of chemicals is guilty of a 
 misdemeanor. 
 
 The title of the amending act of May 13, 1919 (Stats. 1919, p. 388), recites that this 
 section is amended, but no such amendment appears in the body of the act. 
 
 Unlawful to use poison. 
 
 $ 3. It shall be unlawful for any person to use poison of any kind in the taking or 
 killing of any fur-bearing mammal; provided, however, that the fish and game com- 
 mission may in its discretion issue to any person a permit to use poison in the taking 
 or killing of any such mammal upon an application therefor, which application shall 
 contain detailed information concerning the kind of poison desired to be used and 
 when and where it is desired to use the same; provided, further, that such fur-bearing 
 mammals injuring any property may be taken or killed at any time in any manner. 
 
 Trapping without license. 
 
 § 4. Every person in the state of California over the age of eighteen who traps for 
 profit any fur-bearing mammals without first procuring a license therefor as provided 
 by this act is guilty of a misdemeanor. [Amendment of May 13, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 389.] 
 
 Licenses to trap for profit. 
 
 § 5. Licenses granting the privilege to trap for profit any fur-bearing mammals 
 shall be issued by the state board of fish and game commissioners, who shall prepare 
 suitable licenses of convenient size and form and have printed thereon the words 
 
 * * Trapping License No , State of California. Expires June 30, 191 . . . , " with 
 
 registration number and appropriate year printed or stamped thereon, which said 
 license shall be prepared by the state board of fish and game commissioners, which 
 board shall account for same to the controller of the state. 
 
 Fees. 
 
 ^ 6. Licenses herein provided for shall be issued as follows: (1) To any citizen of 
 the United States upon payment of one dollar; (2) to any person not a citizen of the 
 United States upon payment of two dollars; provided, however, that any veteran of 
 the civil war by applying to the state board of fish and game commissioners may obtain 
 a license without the payment of any fee. [Amendment of May 13, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 389.] 
 
 Name, address, etc., furnished. 
 
 § 7. Every person applying for and procuring a license as herein provided shall 
 furnish to the state board of fish and game commissioners his name and resident 
 address. Such applicant shall also furnish to the board of fish and game commissioners 
 a written description of himself by age, height, nationality, color of eyes and hair and 
 shall also give information relative to the sections of the state in which he intends to 
 trap. 
 
 I
 
 «83 GAMIL LAWS. Act 1744, §§ 8-l« 
 
 Term. 
 
 $ 8. All licenses issued as herein provided shall be valid and shall authorize the 
 person to whom issued to trap fur-bearing mammals for profit on and from the first 
 day of July of the year in which said license is issued until the date of expiration 
 written or stamped thereon, but no license shall continue in force for a longer period 
 than one year. 
 
 Statement of mammals taken. 
 
 $ 9. Every person to whom a license is issued, under the provisions of this act, 
 must, before the first day of July following the date issued, send to the fish and game 
 commission a sworn statement showing the number of each kind of fur-bearing mam- 
 mals taken together with the name and address of the firm or person to whom they 
 were shipped or sold. A new license can not be granted unless this provision is com- 
 plied with; provided, however, that the provisions of this section shall not apply to 
 persons eighteen years of age or under. 
 
 What are fur-bearing mammals. 
 
 § 10. For the purpose of this act, the following shall be considered fur-bearing 
 mammals : Black and brown bear, ring-tailed cat, coon, pine martin, fisher, wolverine, 
 mink, skunk, river otter, grey, cross, silver and red fox. 
 
 Moneys credited to game preservation fund. 
 
 $ 11. All moneys collected from licenses as provided herein and all fines collected 
 for violations of the provisions hereof shall be paid into the state treasury and credited 
 to the game preservation fund. 
 
 No more than one license. 
 
 $ 12. Not more than one license shall be issued to any one person for the same fiscal 
 year except upon an affidavit by the applicant that the one issued has been lost or 
 destroyed and no license issued as herein provided shall be transferable or used by any 
 other person than the one to whom it was issued. 
 
 Disturbing traps. 
 
 $ 13. Every person who shall disturb or remove the traps of any licensed trapper 
 while trapping on the public domain or on lands where he has permission to trap is 
 guilty of a misdemeanor. 
 
 Refusal to exhibit license. 
 
 § 14. Every person having a license as provided herein who refuses to exhibit such 
 license or any furs that may be in his possession or control upon the demand of any 
 officer authorized to enforce the game and fish laws of this state or any peace officer 
 of the state shall be guilty of a misdemeanor, and every person lawfully having such 
 license who transfers or disposes of same to another person to be used as a trapping 
 license or who violates anj^ of the laws for the protection of game shall forfeit the same. 
 
 Penalty. 
 
 § 15. Every person violating any of the provisions of this act shall, upon con- 
 viction thereof, be punished by a fine of not less than ten dollars or more than one 
 hundred dollars or by imprisonment in the county jail for a term of not less than ten 
 or more than one hundred days, or by both such fine and imprisonment. 
 
 Propagation in confinement. 
 
 § 16. Nothing in this act shall prohibit the propagation of fur-bearing mammals 
 in confinement in accordance with anj^ rules and regulations that may be specified by 
 the fish and game commission. [New section added May 13, 1919. In effect July 22, 
 1919. Stats. 1919, p. 389.]
 
 Acts 1745, 1746 GENt:U AI- LAAVS. 984. 
 
 CONTAMINATED SOURCES OF SHELLFISH. 
 
 ACT 1745 — An act empowering the state board of health to examine sonrces from] 
 
 which shellfish are taken; making it unlawful to take shellfish from contaminated 
 
 sources if determined by said board to be a menace to health; making violations of 
 
 this act misdemeanors and providing for the punishment of same. 
 
 History: Approved April 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 42. 
 
 Taking of oysters, etc., unlawful, when. 
 
 5 1. It shall be unlawful to take oysters, clams, qnabaugs, mussels or other shellfish 
 used or intended to be used for human consumptio*n from any tidal waters, flats, areas 
 or sources from which the taking of such shellfish shall be determined to be a menace 
 to health as hereinafter provided. 
 
 Examination of tidal waters by state board of health. Posting of notices. 
 
 § 2. The state board of health may and is hereby empowered to examine any tide 
 waters, flats, areas or sources from which oysters, clams, quahaugs, mussels or other 
 shellfish may be taken, and to determine whether such waters, flats, areas or sources 
 are subject to sewage contamination, and to determine whether the taking of such 
 shellfish from such waters, flats, areas or sources does or may constitute a menace to 
 the lives and health of human beings. Upon the determination by said state board of 
 health that such waters, flats, areas or sources are or may be subject to sewage con- 
 tamination and that the taking of shellfish therefrom does or may constitute a menace 
 to the lives and health of human beings, said board shall ascertain as accurately as may 
 be the bounds of such contamination, and shall cause the posting of notices prohibiting 
 the taking of shellfish from such sources and describing the bounds of the tidal flats, 
 waters, areas or sources from which the taking of shellfish shall be unlawful. The fact 
 of the posting of such notices shall be published once a week for four successive weeks 
 in some newspaper of general circulation, published in the county in which such 
 waters, flats, areas or sources are situated, if there be one, and if there be none, then 
 in a newspaper published in an adjoining county. 
 
 Enforcement. 
 
 § 3. It shall be the duty of the state board of health to enforce the provisions of this 
 act and its insi^ectors and employees are hereby empoAvered to enter upon public or 
 private property upon which shellfish may be located at all times for the purposes of 
 this act. 
 
 Penalty. 
 
 ^ 4. Any person violating any of the provisions of this act shall be guilty of a mis- 
 demeanor and upon conviction shall be punished by a fine of not less than twenty-five 
 dollars nor more than five hundred dollars or by imprisonment for a tei-m of not more 
 than six months, or by both such fine and imprisonment, but such penalties shall not 
 be incurred until the fact of such prohibition shall have been published for four suc- 
 cessive weeks, as above provided. Each day's violation shall constitute a separate and 
 distinct offense. 
 
 FREE CAMPING GROUND IN PLACER COUNTY. 
 ACT 1746 — An act to authorize the state board of fish and game commissioners to pre- 
 pare and maintain free camping grounds on land in Placer county belonging to the 
 state of California and to adopt and enforce regulations pertaining thereto. 
 
 History: Approved May 13, 1019. In effect July 22, 1919. Stats. 
 1919, p. 522. 
 
 I
 
 SS5 GAS. Act 1759 
 
 Free camping grounds in Placer county. Rules and regulations. Removal of hatchery. 
 
 § 1. The state board of fish and game commissioners is hereby authorized and 
 directed to prepare as a free camping ground for the people of the state of California 
 that certain property situated in the county of Placer, state of California, and bounded 
 and described as follows, to wit : 
 
 Lot seven of Bittencourt tract, as per plat of said tract recorded in book "A" of 
 field notes or town plats, pages eighty-four and eighty-five, Placer county records. 
 
 The said commission is directed to prepare such portion of said land for camping 
 puri^oses for the summer season of the year nineteen hundred nineteen, as shall be suit- 
 able for such purposes, and as shall not interfere with the state fish hatchery now on 
 said land or the pollution of waters used to supply said hatchery. 
 
 The commission is hereby authorized to establish rules and regulations for the gov- 
 ernment of such camping ground, to the end that the greatest number of people can 
 avail themselves of the privileges of the ground, and may regulate the time when and 
 for which any person may have the use of any portion of such ground for camping 
 [Hirposes. All expense in maintaining said camping ground shall be paid from the state 
 fish and game preservation fund, and for the purposes of enforcing the rules and regu- 
 lations by said commission, pursuant to this act, the state fish and game commissioners, 
 their deputies and employees, are hereby vested with the power and authority of peace 
 officers. 
 
 As soon as practicable, the fish and game commission shall remove the hatchery now 
 on the above described land to another site, and thereafter such additional portion of 
 such land as is available and suitable for camping purposes, shall be placed in con- 
 dition for camping purposes. 
 
 GAMING. 
 See Kerr's Cye. Penal Code, $$330, et seq. 
 
 CHAPTER 129. 
 
 GAS. 
 
 References: Act concerning gas companies, continued in force, see Kerr's Cyc. Political 
 
 Code, § 19, and Kerr's Cyc. Penal Code, § 23. 
 Authority of gas company to lay pipes, see Kerr's Cyc. Political Code, §§ 4410, et seq. 
 Franchise tax of gas corporations, see Kerr's Cyc. Political Code, §§ 3664, et seq. 
 Gas pipes, injury to, see Kerr's Cyc. Penal Code, § 624. 
 Gas meter, interfering with, see Kerr's Cyc. Penal Code, § 498. 
 Gas, stealing, see Kerr's Cyc. Penal Code, § 498. 
 
 Inspector of gas meters, appointment, see Kerr's Cyc. Political Code, § 368. 
 Inspector of gas meters, duties, etc., see Kerr's Cyc. Political Code, §§ 577, et seq. 
 Natural gas, see tit. "Mines and Mining." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1759. Concerning Gas Companies. 
 
 1760. Regulating the Use of Illuminating Gas, 
 
 1761. Standard of Illuminating Power Act. 
 
 1762. Prohibiting Wasting of Natural Gas. 
 
 GRANT OF FRANCHISES BY MUNICIPAL CORPORATIONS. 
 
 ACT 1759 — An act concerning gas companies. 
 
 History: Approved April 4, 1870, Stats. 1869-70, p. 815. Continued 
 in force, see Kerr's Cyc. Political Code, § 19, and Kerr's Cyc. Penal 
 Code, § 23. Superseded as to contracts with municipal corporations by 
 the act of 1895, Stats. 1895, p. 191, and as to the granting of franchises, 
 as well as the power of contract, it was probably superseded by sec- 
 tion 19, article XI, constitution. See notes. 
 
 This act was apparently treated as in force in Dobbins v. Los Angeles, 139 Cal. 179, 96 
 Am. St. Rep. 95, 72 Pac, 970.
 
 Acts 1760, 176J, §§ 1, 2 GENERAL LAAVS. 886 
 
 REGULATING USE OF ILLUMINATING GAS. 
 ACT 1760 — An act to regulate the use of illuminating gas. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 289. 
 
 Gas not to be turned off at meter. 
 
 $ 1. Every hotel-keeper, lodging-house keeper, and in-keeper, or keeper of any place 
 where rooms are let to lodgers in which, or any of which such places illuminating-gas 
 is used, who shall turn off, or cause to be turned off at the meter the flow of such 
 illuminating-gas, during the time of the use of any such room or rooms, shall be guilty 
 of a misdemeanor; provided, however, that this act shall not apply to any of the persons 
 herein enumerated, when such person or persons shall have connected every exit orifice 
 upon the gas-fixtures used in such place or places with a practical and safe automatic 
 gas-igniter. 
 
 Act takes effect when. 
 
 $ 2. This act shall take effect and be in force immediately from and after its passage. 
 
 STANDARD OF ILLUMINATING POWER ACT. 
 ACT 1761 — An act to regulate the quality and standard illuminating power and the 
 price of gas in all cities within the state of California having a population of one 
 hundred thousand or more. 
 
 History: Approved March 4, 1878, Stats. 1877-78, p. 167. 
 
 Quality and price of gas to be fixed by whom. 
 
 $ 1. That in all cities in the state of California having a population of one hundred 
 thousand or more, the local legislative body thereof, whether known and designated as 
 the board of supervisors, or board of aldermen, or common council, or board of trustees, 
 or otherwise, are hereby authorized and required to fix the standard quality and illumi- 
 nating power of gas to be furnished, and the rate and price for each one thousand cubic 
 feet to be charged therefor by any person, company, or corporation whose pipes or 
 mains are or shall be laid down in the streets or highways of such city, for the purpose 
 of supplying gas for the use of such city, or for the inhabitants thereof, or for such city 
 and its inhabitants; provided, however, that said board or local authority shall not fix 
 or establish the standard quality and illuminating power of gas in such city at less than 
 sixteen candle-power, or such that five cubic feet of gas per hour so furnished shall give 
 light at least equal to that afforded by the combustion of sixteen standard sperm 
 candles consuming one hundred and twenty grains of sperm each per hour, the burner 
 to be used in making such test to be that best adapted to the economical consumption 
 of gas; and provided, further, that such board of supervisors, or local legislative 
 authority, by whatever name it may be known, shall not fix or establish the rate or price 
 of gas so furnished to such city or its inhabitants at any greater price or rate than 
 three dollars per thousand cubic feet. 
 
 Mayor to appoint an inspector. 
 
 ^ 2. It shall be the duty of the mayor of each city having the population mentioned 
 in section 1 of this act, and such mayor is hereby required, within thirty days after 
 the passage and approval of this act, to appoint, subject to the approval of the board 
 of supervisors, or other local legislative body aforesaid, a person of competent experi- 
 ence and knowledge of and concerning the proper qualities and illuminating power of 
 gas, and who shall not be directly or indirectly interested in or connected with any 
 person, company, or corporation engaged in the manufacture or furnishing of illuminat- 
 ing gas in such city, or elsewhere, either to such city or its inhabitants, or any of then-, 
 either as a stockholder or othemdse, who shall be known and designated as gas 
 inspector of such city, who shall hold his said office for the term of two years, or until
 
 8S7 GAS. Acts 17G1, §§ 3-3 
 
 Lis successor shall be appointed and qualified; subject, however, to removal from his 
 said oflBce by the mayor, with the concurrence of a majority of the board of super- 
 visors, or other local legislative board aforesaid, for any one of the following causes, 
 to wit, by reason of any interest in the manufacture or furnishing of gas in such city, 
 whether such interest existed at the date of his appointment or was afterward acquired, 
 or for want of competent knowledge, skill, or experience to enable him properly to 
 discharge the duties of said office, or for any neglect, misconduct, or inefficiency in the 
 discharge of the duties of said office, to the prejudice of such city, or its inhabitants, 
 or any of them. The person so appointed shall, before he enters upon the duties of 
 said office, and within ten days after his appointment and confirmation, take and 
 subscribe an oath or affirmation before the county judge of the county in which such 
 city is situated, that he will faithfully and impartially perform and discharge all 
 the duties required by this act and the ordinances or resolutions of said board passed 
 or adopted under and pursuant to the provisions thereof, as such gas inspector of 
 such city, and shall also, within the same time, give bond to the city in and for which 
 he is appointed, in the sum of ten thousand dollars, with sureties to be approved by 
 said board, conditioned for the faithful performance of the duties of said office, which 
 said oath and bond shall be filed with the clerk of said board. Such gas inspector shall 
 be entitled to a salary to be fixed and allowed by said board, which shall be paid 
 monthly out of the general fund of such city. 
 
 Duty of inspector. 
 
 ^ 3. It shall be the duty of such inspector, immediately upon his appointment and 
 qualification as such officer, as aforesaid, to make a careful examination and inquiry by 
 inspection, letter, or otherwise, as to the quality and illuminating power of the gas 
 furnished and used in the principal cities of the United States, and the prices charged 
 therefor, and also the comparative cost of the manufacture and supply of gas in other 
 cities of the United States, with the cost of the manufacture and supplj'^ of the same 
 in the city for which he is such inspector, and report fully the result of such examina- 
 tion and information to said board within six months after his appointment and qualifi- 
 cation; and upon receiving such reports, said board shall proceed to fix and establish 
 the quality and standard illuminating power of gas to be used in such city, and the 
 maximum price to be charged therefor; and such standard and price may be changed by 
 said board from time to time, not of tener than once every year, as increased consump- 
 tion or other circumstances may in their judgment require. 
 
 Same. 
 
 $ 4. After said board shall have fixed and established the quality and illuminating 
 power, and the price of gas, as hereinbefore, it shall be the duty of such inspector to 
 examine and inspect, from time to time, at least once every week, without notice to the 
 person, company, or corporation furnishing the same, the quality and illuminating power 
 of the gas furnished to such city and the inhabitants thereof, and in case the same shall 
 fall below the standard fixed by said board, the said inspector shall forthwith report the 
 same to said board; and at such other times as he may be requested thereto by the 
 mayor or any committee of said board, he shall report to said board upon any and all 
 matters connected with the manufacture, supply, and consumption of gas coming within 
 the scope of his official duties, and specially upon any subject or subjects, matters or 
 things, connected therewith and specified in such request. 
 
 Certain acts declared unlawful. 
 
 § 5. After said board shall have fixed and established the quality an3 Standard 
 illuminating power of the gas, and the price per thousand cubic feet, as in this act 
 provided to be charged therefor, it shall be unlawful for any person, company, or
 
 Act 1762, gl GENERAL 1.AWS. 888 
 
 corporation to furnish to such city, or any inhabitant thereof, or other person therein, 
 for illuminating purposes, gas of a lower standard or quality, or to charge or receive 
 therefor a higher price than is provided by said board, under the authority and subject 
 to the limitations of this aot; and for every violation of the provisions of this act, or 
 the provisions of any order, resolution, or ordinance of said board made in pursuance 
 thereof, every such person, company, or corporation shall incur a penalty of not less 
 than one hundred nor more than one thousand dollars, to be recovered in a civil action 
 in the name and for the use of such city, in any court of competent jurisdiction; and 
 each day upon which such person, company, or corporation shall, without reasonable 
 cause of excuse therefor, furnish gas of a lower quality or standard illuminating power 
 than that fixed by said board, shall constitute and be considered and held one viola- 
 tion thereof, and each month or shorter period for which said person, company, or 
 corporation shall take an accpunt of gas consumed, and for which they shall charge or 
 receive a price greater than that fixed by said board, shall be held and regarded as one 
 offense, and any number of such offenses of either class, or both, may be joined in 
 the same action, and the several penalties for the several violations proved or con- 
 fessed in said action may be united and recovered in the same judgment; and such 
 person, company, or corporation shall also be liable to such city and to any and each 
 person or corporation who shall be injured by any such violation, in double the amount 
 of damages actually sustained. 
 
 Actions tried, by whom. 
 
 § 6. All actions for penalties under the provisions of this act shall be tried by the 
 court, unless a jury be demanded by either party; and when such action shall be tried 
 by a jury, the jury shall find, as to each violation charged in the complaint, that "the 
 defendant is guilty," or "the defendant is not guilty"; and upon each charge in 
 respect to which the jury has found the defendant guilty, the court shall fix the penalty, 
 and render judgment for the aggregate amount of such penalties, together with costs 
 of suit. 
 
 § 7. All penalties recovered under this act shall be paid into the general fund of 
 such city. 
 
 § 8. This act shall apply to the city and county of San Francisco, as well as to 
 cities whose municipal government is distinct from the county in which they are 
 located. 
 
 § 9. This act shall take effect immediately. 
 
 1. Power of supervisors — Price of gas. — San Francisco Gas Light Co. V. Dunn, 62 
 
 Under this act the board of supervisors Cal. 580. 
 
 had no power to allow more than three dol- 3. Salary of gas inspector to be paid 
 
 lars per thousand cubic feet for gas fur- montlily. — The salary of gas inspector is to 
 
 nished the city and county of San Francisco. be paid monthly, as the act provides, and 
 
 ■ — San Francisco Gas Light Co. v. Dunn, 62 unless it is paid or a demand presented 
 
 Cal. 580. within the time provided by the consoll- 
 
 2. Demand for payment of gas furnished. dation act, it is barred. — Ames v. San Fran- 
 --The act furnishes no authority for a de- cisco, 76 Cal. 325, 18 Pac. 397. 
 
 mand upon the city and county treasury. — 
 
 PROHIBITING WASTING OF NATURAL GAS. 
 ACT 1762 — An act prohibiting the unnecessary wasting of natural gas into the atmos- 
 phere; providing for the capping or otherwise closing of wells from which natural 
 gas flows; and providing penalties for violating the provisions of this act. 
 History: Approved March 25, 1911, Stats. 1911, p. 499. 
 
 Waste of gas prohibited. 
 
 § 1. All persons, firms, corporations and associations are hereby prohibited from 
 willfully permitting any natural gas wastefully to escape into the atmosphere.
 
 8a» GKTTVSBLUG. . Act 1774, §§ 1, 2 
 
 Wells to he capped. 
 
 $ 2. All persons, firms, corporations or associations digging, drilling, excavating, 
 constructing or owning or controlling any well from which natural gas flows shall upon 
 the abandonment of such well, cap or otherwise close the mouth of or entrance to the 
 same in such a manner as to prevent the unnecessary or wasteful escape into the atmos- 
 phere of such natural gas. And no person, firm, corporation or association owning or 
 controlling land in which such well or wells are situated shall willfully permit natural 
 gas flowing from such well or wells, wastefully or unnecessarily to escape into the 
 atmosphere. 
 
 Penalty. 
 
 $ 3. Any person, firm, corporation or association who shall willfully violate any of 
 the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be punished by a fine of not more than one thousand dollars or by impris- 
 onment in the county jail for not more than one year, or by both such fine and 
 imprisonment. 
 
 Each day a violation. 
 
 $ 4. For the purposes of this act each day during which natural gas shall be willfully 
 allowed wastefully or unnecessarily to escape into the atmosphere shall be deemed a 
 separate and distinct violation of this act. 
 
 $ 5. All acts or parts of acts in conflict herewith are hereby repealed. 
 $ 6. This act shall take effect immediately. 
 
 CHAPTER 130. 
 GETTYSBURG. 
 
 CONTENTS OF CHAPTER. 
 ACT 1774. Celebration of Fiftieth Anniveesary of the Battlb. 
 
 CELEBRATION OF FIFTIETH ANNIVERSARY. 
 ACT 1774 — An act to provide for the celebration of the fiftieth anniversary of the 
 battle of Gettysburg; appointing a commission in connection therewith; and making 
 an appropriation therefor. 
 
 History: Approved May 31, 1913. In effect immediately. Stats. 
 1913, p. 278. 
 
 Gettysburg anniversary commission. 
 
 $ 1. The governor of the state of California is hereby empowered to appoint a com- 
 mission consisting of three citizens of this state, which commission shall co-operate with 
 the department commander of the department of California and Nevada, Grand Army 
 of the Republic, for the purpose of aiding in the planning and conducting of a public 
 celebration of the fiftieth anniversary of the battle of Gettysburg in the state of 
 Pennsylvania on and during the first four days of July, 1913. 
 
 Transportation of veterans. 
 
 ^ 2. Said commission shall represent this state at the said anniversary and is hereby 
 authorized to obtain, so far as possible, the names and addresses of all the veterans 
 now residing in the state of California who took part in the battle of Gettysburg, and 
 to make preliminary arrangements for the transportation of such veterans to the battle- 
 field of Gettysburg so that said veterans may attend the memorial exercises and 
 anniversary to be held at said battlefield of Gettysburg, during the first four days of 
 Julv, 1013.
 
 Act 1781, § 1 . GE:NE:RAL. laws. 8i>0 
 
 Veterans eligible. 
 
 $ 3. Only such veterans of the civil war who actually took part in the battle of 
 Gettysburg, and who are recommended by the said commission, whether such veterans 
 fought with the Confederate or the Union or northern armies, shall be eligible under 
 this act to receive free transportation to and from the battlefield of Gettysburg. 
 
 Appropriation. Report. 
 
 § 4. The sum of fifteen thousand dollars ($15,000) or so much thereof as may be 
 necessary is hereby appropriated out of any money in the treasury not otherwise appro- 
 priated to be used by said commission appointed pursuant to this act, to carry out the 
 provisions of this act. Said sum of. money is to be disbursed under the direction and 
 with the approval of said commission. Said commission shall keep an accurate record 
 of all its proceedings and transactions, and shall file with the governor of this state a 
 full, true and complete report thereof. Said commission shall have full power to provide 
 any system or systems for the carrying into effect of this act. 
 
 Issuance of warrants. 
 
 § 5. The controller of the state is hereby authorized and directed to draw his war- 
 rant or warrants in favor of the commission created pursuant to this act upon itemized 
 requisition of said commission up to the amount of money appropriated by this act and 
 the state treasurer is hereby ordered and directed to pay such warrant or warrants out 
 of said appropriation. 
 
 Current expenses. 
 
 § 6. This bill, inasmuch as it provides for the usual current expenses of the state, 
 shall, under the provisions of section 1 of article IV of the constitution of the state of 
 California, take effect immediately. 
 
 1. Act inoperative. — This act was ren- its passage, which would be too late for 
 
 dered inoperative by a decision of the dis- the participation of the beneficiaries of the 
 
 trict court of appeals declaring that the act in the celebration. — McClure v. Nye, 22 
 
 appropriation was not a current expense, Cal. App. 248, 133 Pac. 1045; Commission, 
 
 and therefore could not become effective etc., v. Nye, 22 Cal. 248, 133 Pac. 1045. 
 until the expiration of ninety days after 
 
 CHAPTER 131. 
 
 GIFTS. 
 
 References: Gifts to counties, see Kerr's Cyc. Political Code, §§ 4052a, 4122. 
 Gifts to counties, see Kerr's Cyc. Civil Code, § 1275. 
 Gifts to state, disposition of, see Kerr's Cyc. Political Code, § 453a. 
 San Pasquai battlefield site, see tit. "San Pasqual Battlefield." 
 
 CONTENTS OF CHAPTER. 
 ACT 1781. Gifts to Counties for Pioneer Monuments. 
 
 GIFTS TO COUNTIES FOR PIONEER MONUMENTS. 
 ACT 1781 — An act authorizing board of supervisors of any county, or city and county, 
 or the trustees or other governing body of any municipality in the state of CaUfomia 
 to receive devises, bequests, donations and gifts, also to levy taxes, for the purpose 
 of erecting monuments in memory of California pioneers. 
 
 History: Approved June 3, 1913. In effect August 10, 1913. Stat*, 
 1913, p. 377. 
 
 Gifts for pioneer monuments. 
 
 § 1. The board of supervisors of any county, or city and county, or the trustees or] 
 other governing body of any municipality, in the state, may receive devises, bequest
 
 S91 GIFTS. 4.ct irSl, §§ 2-7 
 
 donations and gifts, for the purpose of erecting within such county, or city and county, 
 or city, a monument in memory of California pioneers. 
 
 Erection of monuments. 
 
 § 2. When, in the opinion of such board of supervisors or of such trustees or other 
 governing body of a municipality, the devises, bequests, donations and gifts received are 
 suflSeient therefor, they may erect such monument. 
 
 Question of tax levy for monuments. 
 
 $ 3. Such board of supervisors, or trustees, or other governing body of a municipal- 
 ity, may submit to the qualified electors of the county, or city and county, or of the city, 
 as the ease may be, whether taxes for the erection of a monument to the California 
 pioneers shall be levied on the taxable property of the county, or city and county, or 
 city, as the case may be. The question of levying such tax for such purpose shall be 
 submitted to the qualified electors of the county, or city and county, or municipality, as 
 the case may be, at a general or other election that may be held in such county, or city 
 and county, or municipality. Twenty days' notice thereof shall be previously given by 
 posting in at least three public places in such county, city and county, or municipality. 
 Such notices shall state specifically the amount to be raised and the purpose. If a 
 majority of all the votes cast at such election are in favor of the proposal, the tax herein 
 provided for shall be considered authorized. 
 
 Ballots. 
 
 § 4. The electors voting at such election shall have placed on their ballots the words 
 "Tax for pioneer monument — Yes" or "Tax for pioneer monument — No." 
 
 Levy of tax in county. 
 
 § 5. When such tax has been voted in a county, or city and county, the board of 
 supervisors in the next annual levy of taxes, shall levy a tax on the property in such 
 county, or city and county, sufficient to produce the amount voted for for the purpose, 
 and the same shall be assessed and collected in the same manner as other taxes are 
 levied and collected. 
 
 Levy of tax in city. 
 
 ^ 6. When such tax has been voted in a city, the trustee [s] or other governing body 
 thereof in the next annual levy of taxes, shall levy a tax on the property in such city, 
 sufficient to produce the amount voted for for the purpose, and the same shall be 
 assessed and collected in the same manner as other taxes are levied and collected. 
 
 Duty of supervisors and trustees. 
 
 § 7. The board of supervisors in case of monuments for a county and the trustees or 
 other governing body of a city, in case of- monuments for a city, shall when the taxes 
 so raised and collected are available, proceed to carry out the purpose for which the 
 money was voted by the county, or city and county, or city. 
 
 CHAPTER 132. 
 
 GILROY. 
 
 References: Boundary, see Kerr's Cyc. Political Code, § 3919. 
 Classification, see Kerr's Cyc. Political Code, §§ 4005c, 4006. 
 County government, see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 See, generally, tit. "County Boundaries." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1783. IXCORPORATING GlLROY.
 
 Acts 1783. 1786 
 
 GISNBRAI. LAWS. 
 
 892 
 
 ACT OF INCORPORATION. 
 ACT 1783 — An act to incorporate the city of Gilroy. 
 
 History: Approved March 12. 1870, Stats. 1869-70, p. 263. Amended 
 March 13, 1872, Stats. 1871-72, p. 356; April 1, 1876, Stats. 1875-76, p. 724, 
 
 GLENDALE. 
 
 See Act 3004, note. 
 
 GLENDORA. 
 
 See Act 3094, note. 
 
 CHAPTER 133. 
 GLENN COUNTY. 
 
 ORGANIZATION ACT. 
 
 ACT 1786 An act to create the county of Glenn, estahlish the houndaries thereof, and 
 
 provide for its organization. 
 
 History: Approved March 11, 1891, Stats, 1891, p, 98. Boundary 
 amended by a supplementary act approved March 11, 1893, Stats. 1893, 
 p. 158. 
 
 1. Constitutionality — Special legislation. 
 
 — An act creating a new county is not spe- 
 cial legislation, and the legislature is not 
 limited as to the means which it may adopt 
 in its preliminary organization. — People v. 
 County of Glenn, 100 Cal. 419, 38 Am. St. 
 Rep. 305, 35 Pac. 302. 
 
 2. Same — Manner of holding election. — 
 Under the provisions of subdivision 11, sec- 
 tion 25, article IV of the constitution, there 
 may be a special law for holding and con- 
 ducting an election "on the organization of 
 new counties," and there was no objection 
 to the manner in which the election, at 
 which the voters of the proposed new 
 county of Glenn expressed their will, was 
 held. — People v. County of Glenn, 100 Cal. 
 419, 38 Am. St. Rep. 305, 35 Pac. 302. 
 
 3. Same — Creation of supervisorial dis- 
 tricts. — It is not fatal to the Glenn county 
 bill that it does not itself provide for the 
 division of the proposed county into super- 
 visorial districts, but allows five supervi- 
 sors to be elected at large, who have the 
 power under the general law to divide the 
 county into districts. — People v. County of 
 Glenn, 100 Cal. 419, 38 Am. "St. Rep. 305, 35 
 Pac. 302. 
 
 4. Legislative intent as to class of new 
 county. — ^The legislature did not intend, 
 when it declared in the organization act 
 that Glenn county should be a county of the 
 thirty-seventh class, that it should remain a 
 county of that class, regardless of future 
 changes in the law whereby counties hav- 
 ing populations greatly larger or greatly 
 
 smaller than when Glenn county was placed 
 therein, and the effect of the act was to fix 
 the population of the county, which, in the 
 absence of subsequent legislation, would, by 
 operation of law, become a county of the 
 thirty-seventh class. — Sanders v. Sehorn, 98 
 Cal. 227, 33 Pac. 58. 
 
 5. Division of unpaid taxes. — Taxes on 
 railroad property within the county of Co- 
 lusa were due and unpaid to that county at 
 the time of its division and the creation of 
 the county of Glenn, and a portion thereof 
 paid to the latter county after such division, 
 are held to have been assets of Colusa 
 county, and no provision having been made 
 at the time of such division for a division 
 of the assets of the old county, the new 
 county had no right to retain the portion 
 of such taxes so paid to it, and is liable 
 therefor as for money had and received 
 upon an implied promise to pay the same 
 to Colusa county. — Colusa County v. Glenn 
 County, 117 Cal. 434, 49 Pac. 457. 
 
 6. Obiter dicta — Term of superior judge. 
 — Tlie provision of the act wliich fixed the 
 term of superior judge, elected at the or- 
 ganization election, at six years, and pro- 
 vided for the election of a successor whose 
 term should begin January 1, 1897, trans- 
 gressed both the letter and spirit of the 
 constitution, which require an election for 
 superior judge at the first general election 
 following the creation of the county, for 
 the remainder of the constitutional term 
 ending January 1, 1897. — People v. Mark- 
 ham, 104 Cal. 232, 37 Pac. 918. 
 
 CHAPTER 134. 
 
 GOATS. 
 References: See, generally, tits. "Animals"; "Livestock"; "Sheep." 
 Buck goats running at large, see Kerr's Cyc. Penal Code, § 597g. 
 Goats in particular counties, see particular title. 
 
 CONTENTS OF CHAPTER. 
 ACT 1788. Protection of Goats Fkom Dogs.
 
 883 GOVERXOR Acts 17S8-1805 
 
 ACT 1788 — An act to protect sheep and cashmere and angora goats against the ravages 
 
 of dogs. 
 
 History: Approved March 13, 1866, Stats. 1865-66, p. 225. 
 Code commissioners' note: "Superseded in part by Civil Code, ij 3341, and probably not 
 in force in any particular." 
 
 CHAPTER 135. 
 GOLDEN CITY HOMESTEAD ASSOCIATION. 
 
 CONTENTS OF CHAPTER. 
 ACT 1794. Conveyance of Lands to the Association. 
 
 CONVEYANCE OF LANDS TO THE ASSOCIATION. 
 ACT 1794 — ^An act to authorize sale and conveyance of lands in San Francisco to 
 Golden City Homestead Association. 
 
 History: Approved April 4, 1864, Stats. 1863-64, p. 463. 
 
 This act permitted the commissioners of As to the meaning of "tide lands," "swamp 
 
 swamp and overflowed lands to sell certain and overflowed lands," and "salt marsh" 
 lands to this homestead association. lands. — People v. Davidson, 30 Cal. 379. 
 
 CHAPTER 136. 
 
 GOOD TEMPLARS. 
 References: Religious, social and benevolent corporations, see Kerr's Cyc. Civil Code, 
 
 593, et seq. 
 
 CONTENTS OF CHAPTER. 
 ACT 1799. Grant of Corporate Powers. 
 
 GRANT OF CORPORATE POWERS. 
 AGT 1799 — An act concerning Independent Order of Good Templars. 
 History: Approved March 26, 1863, Stats. 1863, p. 101. 
 Thiji act save antkority to acquire property necessary to carry out its charitable purpose. 
 
 CHAPTER 137. 
 
 GOVERNOR. 
 References: Appointments by, compensation of, duties, powers, etc., generally, see 
 Kerr's Cyc. Political Code, subject "Governor." 
 Duties and powers as to particular subjects, see Kerr's Cyc. Political Code, particu- 
 lar subject, and see particular title. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1805. Residt^nce of Governor. 
 
 1808. Employment of Counsel to Prosecute Claims Against the United States. 
 
 RESIDENCE OF GOVERNOR. 
 ACT 1805 — An act providing for the maintenance of a residence for the governor of the 
 state of California, and providing the salaries of the necessary employees and serv- 
 ants selected and employed by the governor therein, and for the appropriation of 
 necessary moneys for such purpose, and directing the state controller to issue war- 
 rants upon the general fund, and directing the state treasurer to pay said warrants. 
 
 History: Approved March 11, 1907, Stats. 1907, p. 214. Prior acts: 
 See editor's note. 
 Editor's note: Out of the state capltol state capitol commissioners were authorized 
 special fund, created by the act of April 4, to expend fifty thousand dollars for the pur- 
 1870 (Stats. 1869-70, p. 724), the board of chase of suitable grounds and the erection
 
 >^(a 1R08-1SI0 GBNKIt M. I.WVS. 604 
 
 of a mansion or resldenre for the governor, in03. p. 415). authorlzlnj? the expenditure 
 and for the necessary Inclosures, streets, of tlie bnlnnro of tlie $50,000 unexpended, in 
 sidewalks and outbulldlngrs on and around cither buyiii^; a site and buildiiigr a resl- 
 the same. The lepislature. by the act of den<'e. or buying: one already built, and re- 
 March 30, 1874, Stats. 1873-74, p. 903, turned pairlnR and remodeling It. Ten thousand 
 the Kovcrnor's mansion into a state print- dollars was expressly fixed as the amount 
 Ing ofTlce and state armory; but this act to be expended for furnishing said building. 
 was repealed by the act of 1876 (Stats, and By the act of March 20, 1899 (Stats. 1899. 
 .Amendments 1875-76, p. 22). By the act of p. 150), the amount for maintenance and 
 March 7, 1899 (Stats. 1899, p. 73), the sum servants was fixed at 12500 per annum. By 
 of $50,000 was appropriated "for the erec- the present act this sum was increased to 
 tlon and furnishing of said residence." This $3500 per annum. 
 act was amended March 23, 1903 (Stats. 
 
 EMPLOYMENT OF COUNSEL. 
 ACT 1808 — An act to authorize, empower, and direct the governor of the state of Cali- 
 fornia to employ counsel, agents, and attorneys for the purpose of prosecuting, col- 
 lecting and recovering the claims of the state of California against the United States 
 of America, to prescribe the terms and conditions of the employment, the rate of 
 compensation therefor, and the manner of payment thereof. 
 
 History: Approved March 23, 1907, Stats. 1907, p. 938. 
 
 Thin Bci authorized the uoTernor to em- Ington, D. C, for the purpose indicated and 
 ploy the firm of Ralston & Siddons of Wash- fixed the compensation of the firm. 
 
 CHAPTER 138. 
 
 GRAND ARMY OF THE REPUBLIC. 
 References: See, generally, tit. "Woman's Relief Corps." 
 
 CONTENTS OF CHAPTER. 
 ACT 1815. Wearing Badge of G. A. R. Withoxjt Right. 
 
 1816. Permanent Headquarters in Capitou 
 
 1817. National Encampment of 1912. 
 
 1818. G. A. R. Memorial Monument. 
 
 WEARING BADGE OF G. A. R., WITHOUT RIGHT. 
 
 ACT 1815 — An act to prevent persons from unlawfully wearing badge of Grand Army 
 
 of the Republic. 
 
 History: Approved March 10, 1887, Stats. 1887, p. 82. Amended 
 March 1, 1907, Stats. 1907, p. 81. 
 
 Army badges, penalty for unlawfully wearing. 
 
 ^ 1. Any person who shall willfully wear or use the badge or button of the Grand 
 j^rmy of the Republic, or of the United Sjianish War Veterans, to obtain aid or assist- 
 ance thereby within this state, unless he slt»iil be entitled to wear or use the same under 
 the rules and rep^ulations of the department of California, Grand Army of the Republic, 
 or United Spanish War "Veterans, respectively, shall be guilty of a misdemeanor, and, 
 upon conviction, shall be punished by imprisonment for a term not to exceed thirty days 
 in the county jail, or a fine not to exceed twenty dollars, or by both such fine and 
 imprisonment. [Amendment approved March 1, 1907. Stats. 1907, p. 81.] 
 
 § 2. [No section of this number.! 
 
 Act takes effect when. 
 
 ^ 3. This act shall take effect and be in force from and after the date of its passage. 
 
 PERMANENT HEADQUARTERS IN CAPITOL. 
 A.CT 1816 — An act to provide permanent headquarters in the capitol building for the 
 Grand Army of the Republic, to designate the purposes for which the same shaU 
 >s used. 
 
 History: Approved March 25, Itlll, Stals. 1911, p. 488. 
 
 J
 
 895 GRAND ARMY OF THE REPUBLIC Acts 1817, 1818, § 1-3 
 
 Quarters for G. A. R. 
 
 § 1. There^hall be set apart a suitable furnished room at the capitol in Sacramento, 
 to be known as headquarters' room of the Grand Army of the Republic. Said room 
 shall be under the charge of the commander of the Grand Army of the Republic for the 
 department of California, to be used as headquarters, and for the care and storage of 
 books and papers relating to the Grand Army of the Republic. 
 
 $ 2. This act shall take effect from and after its passage. 
 
 NATIONAL ENCAMPMENT OF 1912. 
 
 ACT 1817 — An act to appropriate money for the purpose of assisting to defray the 
 expenses of a public nature incident to the holding of a national encampment of 
 the Grand Army of the Republic in this state, to be held in nineteen hundred twelve. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1360. 
 The sum of $25,000 was appropriated for the purpose indicated. 
 
 G. A. R. MEMORIAL MONUMENT. 
 
 ACT 1818 — An act to provide for the erection of a memorial monument to deceased 
 
 members of the G. A. R.; appointing a commission therefor; and providing an 
 
 appropriation to carry this act into effect. 
 
 History: Approved June 12, 1915. In effect August 11, 1915. Stats. 
 1915, p. 1490. 
 
 Committee on G. A. R. monument at Long Beach. 
 
 $ 1. The governor of this state is hereby empowered to appoint a committee of three 
 citizens of the state of California to act with a like committee, namely : G. W. Wilcox, 
 L. W. Archer and H. C. Russell representing the Long Beach G. A. R. Post No. 181, 
 who shall choose a site and erect a memorial monument in the city of Long Beach to 
 deceased members of the G. A. R. 
 
 Appropriation. 
 
 § 2. There is hereby appropriated, out of any money in the state treasury not other- 
 wise appropriated, the sum of one thousand dollars to be expended in accordance with 
 law for the purpose of this act. 
 
 When available. 
 
 $ 3. None of the moneys herein appropriated shall be available until there shall have 
 been erected upon the site selected, a suitable base for said monument and an additional 
 sum of one thousand dollars ($1,000.00), or more deposited in the National Bank of 
 Long Beach to be used for the purposes of and in the manner mentioned in this act. 
 The base so erected shall be subject to the approval of the joint committee and proof 
 i/f payment of the cost of construction thereof shall be made to the satisfaction of the 
 state board of controL 
 
 GRASS VALLEY. 
 See Act 3094, note. 
 
 GRIDLEY. 
 
 See Act 3094, note.
 
 Acts 1830-1840 GBNCRAL LAWS. BUO 
 
 CHAPTER 139. 
 
 GROWING TIMBER. 
 
 References: Injury to ornamental trees, see Kerr's Cyc. Penal Code. § 622. 
 
 Injury to freehold by cutting down or girdling growing trees, see Kerr'g Cyc. Penal 
 Code, § 602. 
 
 PROTECTION OF BIG TREE GROVES. 
 
 ACT 1830 — An act to protect the Big Tree groves of Fresno, Tulare, and Kern counties. 
 
 History: Approved March 13, 1874, Stats. 1873-74, p. 347. 
 Misdemeanor. 
 
 ^ 1. Any person or persons who shall willfully cut down or strip of its bark, any 
 tree "over sixteen feet in diameter," in the grove of big trees situated in the counties 
 of Fresno, Tulare, or Kern, or shall destroy any of said trees by fire, shall be guilty of 
 a misdemeanor, and shall, on conviction thereof before any justice of the peace in said 
 counties, be fined not less than ($50) fifty dollars nor more than ($300) three hundred 
 dollars, or imprisonment in the county jail not less than (25) twenty-five days nor more 
 than (150) one hundred and fifty days, or both such fine and imprisonment, as the court 
 may determine. 
 
 Disposition of fines. 
 
 $ 2. Upon the arrest and conviction of any person or persons gruilty of any of the 
 acts before mentioned, the party informing shall be entitled to one-half of the fines 
 collected. 
 
 Act takes effect when. 
 
 § 3. This act shall take effect and be in force from and after its passage. 
 
 CONTENTS OF CHAPTER. 
 ACT 1830. Protection op Bio Tree Groves. 
 
 GUARDIAN AND WARD. 
 See Kerr's Cyc. Civil Code, §§ 236, et seq.; and Kerr's Cyc. Code Civil Procedure, 
 
 $$1747, et seq. 
 
 CHAPTER 140. 
 
 GUIDE POSTS. 
 References: See, generally, "Highways." 
 
 CONTENTS OF CHAPTER. 
 ACT 1840. Guide Posts in Desert Sections. 
 
 GUIDE POSTS IN DESERT SECTIONS. 
 ACT 1840 — An act appropriating the sum of five thousand dollars for the purpose Gt 
 procuring guide-posts to be erected in the desert sections of California, and particu- 
 larly in the counties of Kern, Ventura, Los Angeles, Inyo, Riverside, San Bernardino 
 and San Diego. 
 
 History: Approved March 22, 1905, Stats. 1905, p. 805. 
 
 The act niipropriated $50UO for the purpose indicated. 
 
 This act placed the purchase and distribution of posts under the department of highways. 
 
 GUSTINE. 
 
 See Act 3094, note.
 
 89T HARBOR COM^IISSIONE^RS. Act 1852, g§ 1, 2 
 
 HABEAS CORPUS. 
 See Kerr's Cye. Penal Code, ^ 1473-1505. 
 
 HAKFORD. 
 
 See Act 3094, note. 
 
 CHAPTER 141. 
 
 HARBOR COMMISSIONERS. 
 
 References. Commissions on sale of bonds, see tit. "Bonds," Acts 519, 519a. 
 
 Eureka Harbor Commissioners, see Kerr's Cyc. Political Code, §§ 2567, et seq. 
 Ferry depot, see tit. "Ferry Depot." 
 Leases of water front property, see tit. "Leases." 
 
 San Dieqo Harbor Commissioners, see Kerr's Cyc. Political Code, §§ 2575, et seq. 
 San Francisco Harbor and State Harbor Commissioners, see Kerr's Cyc. Politic i 
 Code, §§ 2520, et seq. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1852. Repairs Upon Private Wharves. 
 
 1855. Jurisdiction of Commission — Act os 1878. 
 
 1856. Warehouses, Elevator, Etc. 
 
 1857. State Railroad Act of 1913. 
 
 1858. State Drydock Act of 1913. 
 
 1860. Alignment of East Street. 
 
 1861. Condemnation of Certain Property. 
 
 1862. India Basin Condemnation Act. 
 
 1863. Compromise of Litigation. 
 
 1864. Free Public Market on Waterfront. 
 
 1865. Insurance of State Property. 
 
 1866. Reconstruction and Repair of Damaged Propeety. 
 1866a. Reconstruction and Repair of Wharves, Etc. 
 
 1867. Lease of Certain Waterfront Property. 
 
 1869. San Francisco Harbor Improvement Act of 1909. 
 
 1870. India Basin Act. 
 
 1871. San Francisco Harbor Impro\t:ment Act op 1913. 
 1871a. San Francisco Seawall Act of 1903. 
 
 1872. Establishing Disputed Titles op Bay of San Diego. 
 
 1873. San Diego Seawall Act of 1909. 
 
 1874. Board of Harbor Commissioners of Port of San Jose. 
 
 1875. False Returns to Board of State Harbor Commissioners. 
 
 1877. County Harbor Commission Act. 
 
 1878. Payment of Claim of Fidelity and Deposit Company or MARTLA«t«. 
 
 1879. Acquisition of Mission Rock. 
 
 REPAIRS UPON PRIVATE WHARVES. 
 ACT 1852 — An act to authorize the board of state harbor commissioners to make 
 repairs upon private wharves in their possession. 
 
 History: Approved March 26, 1874, Stats. 1873-74, p. 663. 
 
 Maintenance of wharves. 
 
 ^ I. The board of state harbor commissioners are hereby authorized and empowered, 
 in their discretion, to repair and maintain any wharf or wharves in their possession or 
 under their control, notwithstanding such wharf or wharves may belong to private 
 parties, and to pay the expenses thereof in the same manner as is now provided for the 
 repairs or maintenance of the wharves of the state; provided, however, that such 
 authority to repair and maintain private wharves shall terminate with the teraaination 
 of the possession or control of the same on the part of said board. 
 
 Act takes effect when. 
 
 § 2. This act shall take effect immediately after its passage. 
 Gen. Laws — 57
 
 Act 1855, 8 « GENERAL LAWS. 89!> 
 
 JURISDICTION OF COMMISSION— ACT OF 1878. 
 ACT 1855 — An act concerning the waterfront of the city and county of San Francisco. 
 
 History: Approved March 15, 1878, Stats. 1877-78, p. 2G3. Amended 
 March 17, 1880, Stats. 1880, p. 10; March 19, 1889, Stats. 1889, p. 379; 
 March 31, 1891, Stats. 1891, p. 233; March 26, 1895. Stats. 1895, p. 194; 
 March 23, 1901, Stats. 1901, p. 627; March 18, 1905, Stats. 1905, p. 109; 
 March 19, 1909, Stats. 1909, p. 434; May 17, 1917. In effect July 27, 
 1917. Stats. 1917, p. 583; April 30, 1919. In effect July 22, 1919, Stats. 
 1919, p. 252. 
 
 The following is probably the only part of the act now in force: 
 
 Commissioners to have control of certain blocks. 
 
 § 6. The said commissioners shall have the possession, jurisdiction and control over 
 the blocks and parts of blocks formed by the change of the waterfront and the exten- 
 sions of the streets to the thoroughfare aforesaid, and remove any obstructions placed 
 thereon in the same manner as provided for the removal of obstructions from the piers, 
 wharves and thoroughfares. The commissioners are authorized to keep and maintain 
 said blocks and parts of blocks as open spaces for the use of the public, or they may, 
 in their discretion, inclose them. The commissioners are also authorized to assign the 
 use of such portion thereof as they may deem expedient for such purposes solely as will 
 be most advantageous to the commerce of the port, and upon such terms and conditions 
 as they may determine. All such assignments shall terminate at the pleasure of the 
 commissioners. 
 
 Lease of seawall lots. Term of lease. Lease is canceled if free zone is established. 
 
 The commissioners are also authorized to lease such portions or portion of seawall 
 lots, numbered one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, 
 thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, 
 twenty-two, twenty-three, twenty-four, twenty-five, *'a," "b," and "c," and such por- 
 tions of that certain land described as follows, to wit : Commencing at a point formed 
 by the intersection of the southerly line of Islais street and the easterly line of Third 
 (formerly Kentucky) street, and running thence easterly and along said southerly line 
 of Islais street eighteen hundred eighty feet; thence at a right angle southerly to the 
 northeasterly line of Arthur avenue; thence northwesterly along the northeasterly line 
 of Arthur avenue to a point on the easterly line of Third (formerly Kentucky) street 
 two hundred nineteen feet and five inches southerly from the southerly line of Islais 
 street; thence northerly along said line of Third street two hundred nineteen feet and 
 five inches*to the southerly line of Islais street and the point of beginning; as they may 
 deem expedient for such purposes solely as will be most advantageous to the commerce 
 of the port, save and excej^ting, however, such portions of the last-described piece of 
 property as may be within two hundred feet of the southerly line of Islais street, and 
 save and excepting such portions thereof as may be within two hundred feet of any 
 portion of any pier, wharf or slip which may now exist fronting on Islais street or 
 hereafter be constructed on any portion of said land; provided, that before the execu- 
 tion of any lease notice of the letting or leasing of any of the lots or property herein- 
 above mentioned, or parts thereof, shall be given by publication in three of the daily 
 pai:)ers published in the city of San Francisco for at least ten days; such notice shall 
 state the property or lot or portion thereof to be leased and that bids will be received 
 by the commissioners at a place and time designated in such notice; and that said lots 
 and property shall be let to the highest and best bidder; provided, further, that all bids 
 for lease of property or lots or portions thereof, herein mentioned, shall set forth the 
 purposes for which said property or lots or portions theref shall be used, and that 
 the statement of such bid shall be embodied in the lease given by the board of state 
 harbor commissioners with the condition that the property or lot shall be used for such 
 
 I
 
 609 HARBOR COMMISSIONERS. Act 1856, § 1 
 
 purposes only; provided, further, that said board shall have the power to reject any 
 and all bids; and provided, further, that in no event shall any such lease or leases be 
 made for a term exceeding twenty-five years; provided, however, that all leases made 
 and executed within two years preceding February 15, 1901, and on file in the office of 
 the secretary of state, of land belonging to the state less than fifty acres in area, and 
 which lease has been made to any corporation incorporated in this state, or to any 
 person or persons, for terminal facilities, is hereby recognized, approved and ratified, 
 and the conditions, covenants and agreements of the parties thereto are made binding 
 on the said parties and on their successors and assigns and on the state of California; 
 provided, further, that all such leases shall contain a provision providing that in the 
 event of the establishment by the United States of a free zone in the port of San 
 Francisco, and in the event that said leased land is necessary to said free zone that then 
 the state board of harbor commissioners for that purpose, shall have the right to declare 
 such leases cancelled and terminated upon payment to the lessees of the actual physical 
 value of all improvements erected by said lessees on said leased land. [Amendment of 
 April 30, 1919. In effect July 22, 1919. Stats. 1919, p. 252.] 
 
 Scope of act. — This act dealt principally cific Improvement Co., 130 Cal. 442, 62 Pac. 
 
 with the jurisdiction of the territory along 739; People v. Soutliern Pacific Co., 177 Cal. 
 
 the water front, and provided for the open- 555, 171 Pac. 295. 
 
 ing of new streets, the extending- of old 2. Collection of v»'harfage. — The power to 
 
 streets to the water front, and the lay off collect wharfage vested in the commission 
 
 of lots and blocks and the leasing of the is derived from the legislature, and the 
 
 same. Other features of the act have prob- commission is the agent of the state with 
 
 ably been superseded or repealed. such powers, and no others, as the legisla- 
 
 1. Channel street. — Jurisdiction of com- ture has conferred. — People v. Roberts, 3 
 
 mission over Channel street. — People v. Wil- Cal. Unrep. 372, 25 Pac. 496. 
 liams, 64 Cal. 498, 2 Pac. 393; People v. Pa- 
 
 WAREHOUSES, ELEVATORS, ETC. 
 ACT 1856 — An act concerning the water front of the city and county of San Francisco. 
 
 History: Approved April 30, 1919. In effect July 22, 1919. Stats. 
 1919, p. 254. 
 
 Operation of warehouses, grain elevators, etc., by harbor commissioners. 
 
 $ 1. The board of state harbor commissioners is hereby authorized and empowered 
 to construct, maintain and operate warehouses, grain elevators, oil tanks and such other 
 facilities as it may from time to time deem expedient and to the advantage of the 
 commerce of the port of San Francisco, and to fix such charges and make such rules 
 and regulations as it may deem expedient for the operation thereof, and said board is 
 further authorized and empowered to construct, maintain and operate conveyors on, 
 above and under the ground from and to and between the docks and wharves and other 
 property of the state of California and to and from the docks and wharves and 
 other property of the state of California and under the jurisdiction of the board and 
 to and from property owned by the state and fronting on the Embarcadero from any 
 property of the state of California under the jurisdiction of said board, as it may from 
 time to time deem expedient and to the advantage of the commerce of the port of San 
 Francisco, and to fix all charges and make such rules and regulations as it may deem 
 expedient in the operation thereof.
 
 Ktt 1857, §§ 1, 2 GENERAL LAWS. 000 
 
 STATE RAILROAD ACT OF 1913. 
 
 ACT 1857 — An act to enlarge the powers of the board of state harbor commissioners, 
 
 and to authorize said board to locate, construct, maintain, and operate the state 
 
 railroad and railroad tracks and appurtenances through, over, under and upon state 
 
 lands, and lands within its jurisdiction or the water front, and city streets, avenues, 
 
 alleys, lanes, places or property, or lands or property of the United States, or private 
 
 property, in the city and county of San Francisco, and to obtain licenses, grants, 
 
 permits or easements or rights of way therefor, and to construct tunnels, bridges, 
 
 drawbridges and other appurtenances as incident thereto, and to impose tolls or 
 
 compensation for and upon the use of the same and to regulate the use therefor. 
 
 History: Approved June 4, 1913. In effect August 10, 1913. Stats. 
 1913, p. 383. Prior act of March 19, 1889, Stats. 1889, p. 388, was prob- 
 ably superseded by the code. See Kerr's Cyc. Political Code, § 2524. 
 
 Power to build railroads in San Francisco. 
 
 § 1. The board of state harbor commissioners is hereby authorized and empowered 
 (in addition to the powers now granted, or which may hereafter be granted to it by 
 law) to locate, construct, maintain, operate and extend the state railroad, and railroad 
 tracks, through, over, under and upon any state lands, or lands within its jurisdiction, 
 or the water front as defined in section 2524 of the Political Code, or through, over, 
 under and upon any streets, avenues, alleys, lanes, places or property of the city and 
 county of San Francisco, or lands or property of the United States of America, or 
 private property in said city and county of San Francisco, in which and where it may 
 then have a license, permission, easement or right of way therefor, together with all 
 necessary trackage, switches, spurs, turnouts, fills, cuts, tunnels, trestles, bridges, draw- 
 bridges, signals and other appliances, appurtenances and incidents necessary to make 
 the same complete and convenient for use. 
 
 Rights from Panama-Pacific company. 
 
 § 2. The powers conferred by this act shall include: 
 
 1. Power and authority to obtain from Panama-Pacific international exposition com- 
 pany, a corporation, an assignment of its rights under an act of congress approved 
 June 28, 1912, entitled, "An act granting a right of way to the Panama-Pacific inter- 
 national exposit'on company, or such successors or assigns as may be approved by the 
 secre:ary of war, across the Fort Mason military reservation in California." 
 
 Approval of secretary of war. 
 
 2. Power and authority to obtain the approval of the secretary of war to such assign- 
 ment, and to locate a railroad and tunnel upon and across said reservation and to 
 ordain regulations therefor and for the use thereof and to obtain the approval of the 
 secretary of war thereto. 
 
 Tolls and charges. 
 
 3. Power and authority to construct such railroad and tunnel upon and across said 
 reservation as a part of and incident to said state railroad and railroad tracks; pro- 
 vided, that said board shall impose such tolls, charges and compensation for passage 
 through said tunnel upon all freight and upon all passenger cars passing there through 
 (which tolls shall be exclusive of and in addition to the ordinary compensation for 
 the use of said railroad and railroad tracks) as shall provide within a limited time for 
 the repaj'ment of the cost of the construction of such tunnel. Such tolls and charges 
 shall be in conformity with the requirements and subject to the approval of the secre- 
 tary of war in that behalf and shall be so charged, imposed and collected until the cost 
 of the construction of such tunnel shall have been repaid.
 
 901 HARBOR C03IMISSI0NE^RS. Act 1S5S, gg 1-3 
 
 Grants from San Francisco. 
 
 4. Power and authority to obtain from the city and county of San Francisco proper 
 and necessary grants, license or permission to extend, construct, maintain and operate 
 the said state railroad and railroad tracks along, over and upon such public streets, 
 avenues, alleys or property of said city and county of San Francisco as may be 
 necessary for the extension of said state railroad or railroad tracks. 
 
 Acquisition of rights of way. 
 
 5. Power and authority to acquire rights of way and lands necessary for such exten- 
 sion from the owners of private property, either by grant or by condemnation proceed- 
 ings; and in that behalf the provisions of law relating to the exercise of the right of 
 eminent domain shall apply and insure [inure] to the benefit of said board, and to such 
 proceedings. 
 
 Use of road and tunnel. 
 
 6. Power and authority to permit the passage over and through, and the use of said 
 railroad and tunnel to any corporation or association, person or persons for passenger 
 street cars for such time and under such rules and regulations and at such compensa- 
 tion as said board may determine. 
 
 Through Presidio reservation. 
 
 7. Power and authority to obtain license and permission from the United States 
 government to extend, locate, construct, operate and maintain the said railroad and 
 railroad tracks in and through the Presidio reservation in said city and county in such 
 location and subject to such regulations as may be prescribed by the United States 
 government. 
 
 Enumeration of powers not exclusive. 
 
 § 3. The enumeration of powers contained in section 2 of this act shall not be 
 deemed exclusive or to limit the general powers conferred by section 1 hereof. 
 
 STATE DRYDOCK ACT OF 1913. 
 
 ACT 1858 — An act to enlarge the powers of the board of state harhor commissioners, 
 
 and to authorize said board to locate, construct, maintain, operate and extend public 
 
 drydocks and appurtenances thereto, in and about such portion of the bay of San 
 
 Francisco under its jurisdiction, and to fix. regulate, impose and collect tolls or 
 
 compensation for and upon the use of the same and to regulate the use therefor. 
 
 History: Approved June 3, 1913. In effect August 10, 1913. Stats. 
 1913, p. 372. 
 
 Drydocks in San Francisco bay. 
 
 $ 1. The board of state harbor commissioners is hereby authorized and empowered 
 (in addition to the powers now granted, or which may hereafter be granted to it by 
 law) to locate, construct, maintain, operate and extend public drydocks in and about 
 such portion of the bay of San Francisco under the jurisdiction as defined in section 
 two thousand five hundred and twenty-four of the Political Code. 
 
 ToUs. 
 
 $ 2. The said board shall fix, regulate, impose and collect tolls or compensation for 
 and upon the use of such public drydocks and regulate the use thereof. 
 
 Disposition of money collected. 
 
 § 3. All money collected for tolls as compensation for use of such public drydocks 
 and all expenditure made in the maintenance and construction thereof shall be subject 
 to the same provision as other moneys collected and expended by the said board.
 
 A^tH 18G0. 1S61, § 1 GENERAL. LAWS. , 902 
 
 ALIGNMENT OF EAST STREET. 
 ACT 1860 — An act authorizing the board of harhor commissioners to rectify the align- 
 ment of East street, and employing the board to sell, condemn, and acquire adjacent 
 property. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 270. 
 
 Alignment of East street to be straightened. 
 
 § 1. The board of state harbor commissioners is hereby authorized and directed to 
 rectify the alignment of East street, between Pacific street and Market street, in the 
 city and county of San Francisco, said rectification to be done so as to straighten the 
 property lines and give as wide and commodious a thoroughfare as the traflSc may 
 demand. 
 
 Westerly line of East street. 
 
 $ 2. In no case shall the alignment of the westerly side of said thoroughfare extend 
 east of the inner line of the thoroughfare as now established and defined by law. 
 
 Jurisdiction of board. 
 
 § 3. The jurisdiction of said board shall be westerly to the line as established under 
 this act. 
 
 Power of board. 
 
 $ 4. The board, in carrying out this law, shall have the power to purchase and sell, 
 and to exchange, upon a legal and equitable basis, any portion or portions of the prop- 
 erty adjacent to the westerly line of the thoroughfare herein provided for; and a full 
 record of their proceedings shall be entered upon their minutes, and a sworn statement 
 of all transfers, sales, and purchases, and other transactions, shall be filed with the 
 secretary of state. Said statements shall show in full all payments and receipts, item- 
 ized so as to definitely exhibit the price or prices of each parcel of land transferred. 
 
 Condemnation proceedings. 
 
 § 5. In case of failure on the part of the interested parties to come to a satisfactory 
 agreement, the board shall have the power to condemn, as in other cases, for public 
 purposes. 
 
 Act takes effect when. 
 
 $ 6. This act shall take effect from and after its passage. 
 
 CONDEMNATION OF CERTAIN PROPERTY. 
 ACT 1861 — An act to authorize and empower the board of state harbor commissioners 
 to institute condemnation proceedings against certain property on the corner of 
 Market, Sacramento and East streets, in the city and county of San Francisco, and 
 extending their jurisdiction over the same. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 80. 
 
 Harbor commissioners may condemn certain lot. 
 
 $ 1. For the purpose of acquiring terminal facilities for the landing of passengers 
 to and from the passenger and ferry depot at the foot of Market street, in the city and 
 county of San Francisco, the board of state harbor commissioners is hereby authorized 
 and empowered to institute condemnation proceedings in the superior court of the city 
 and county of San Francisco, against all parties in interest claiming any title in and 
 to that certain lot, piece, or parcel of land in the city and county of San Francisco, 
 bounded and described as follows, to wit: 
 
 Commencing at a point on the westerly line of East street, distant thereon sixty (60) 
 feet and four (4) inches northerly from the northwesterly corner of the intersection of
 
 003 HARBOR COMMISSIONERS. Acts 1SC2, 1SG3 
 
 the northerly line of Market street with said westerly line of East street; thence south- 
 erly along said westerly line of East street sixty (60) feet and four (4) inches to the 
 intersection of said line of East street with the northerly line of Market street; thence 
 westerly along the northerly line of Market street eighteen (18) feet and six (6) inches 
 to the intersection of the northerly line of Market street with the north line of Sacra- 
 mento street; thence west along the north line of Sacramento street seventy-nine (79) 
 feet and eleven (11) inches to a point on said north line of Sacramento street; thence 
 northeasterly to the point of beginning. 
 
 Jurisdiction. 
 
 5 2. The inshore limit of the jurisdiction of said board shall be, and is hereby, 
 extended so as to include the lot of land described in section one of this act. 
 
 May institute action. 
 
 $ 3. The board of state harbor commissioners may institute any action or actions, 
 and prosecute the same to final judgment, for the condemnation of any portion of the 
 premises described in section one of this act; and the purposes herein mentioned are 
 hereby declared to be a public use, in which the right of eminent domain may be exer- 
 cised by the board of state harbor commissioners in the name of the people of the state, 
 for the estates and rights, and in the manner provided in part three, title seven, of the 
 Code of Civil Procedure of this state. 
 
 Payment of judgment. 
 
 § 4. The board of state harbor commissioners is hereby authorized to pay any 
 judgment rendered against them in such condemnation proceedings, by a draft drawn 
 upon the controller of the state, who shall draw his warrant therefor on the state 
 treasury, payable out of any money in said treasury credited to the San Francisco 
 harbor improvement fund. 
 
 Act takes effect when. 
 
 5 5. This act shall take effect from and after its passage. 
 
 INDIA BASIN ACT. 
 ACT 1862 — An act to authorize and direct the board of state harbor commissioners to 
 institute condemnation proceedings against certain property north of India basin, 
 and extending to Islais creek in the city and county of San Francisco and extending 
 the jurisdiction of said board over the same, and providing for the payment of judg- 
 ments from the proceeds of bonds issued and sold under the provisions of an act 
 entitled "An act to provide for the issuance and sale of state bonds to create a fund 
 for the acquisition by the board of state harbor commissioners, of a necessary area 
 for a tidal basin, for wharves, docks, piers, harbors and appurtenances, in the city 
 and county of San Francisco: to create a sinking fund for the payment of said 
 bonds; and defining the duties of state oflScers in relation thereto; making an appro- 
 priation of one thousand dollars for the expense of printing said bonds; and providing 
 for the submission of this act to a vote of the people. ' ' 
 
 History: Approved March 24, 1909, Stats. 1909, p. 711. 
 
 1. Act In force. — Section 4 of the act 1870). That act was ratified at the ereneral 
 
 provided that it should talce effect upon election of 1910. 
 the ratification of the India Basin act (Act 
 
 COMPROMISE OF LITIGATION. 
 ACT 1863 — An act to authorize the compromise of certain litigation concerning a 
 portion of the water front of the city and county of San Francisco. 
 History: Approved April 3, 1876, Stats. 1875-76, p. 905.
 
 Act 1S04, §§ 1-4 
 
 GIi^NCnAL LAWS. 
 
 Scope of act. — This act authorizes the 
 governor, mayor of San Francisco, and 
 board of state harbor commissioners to com- 
 promise and settle Mtith claimants for the 
 premises lying between Jackson and Pa- 
 cific streets, and outside of tlie water front 
 line as established by the beach and water 
 
 lot act of March 26, 1851. The compromise 
 contemplated was to accept deeds of the 
 entire property to the state, and pay there- 
 for such amount as might be determined 
 on out of the San Francisco harbor im- 
 provement fund. 
 
 FREE PUBLIC MARKET ON WATERFRONT. 
 
 ACT 1864 — An act to authorize the state hoard of harbor commissioners to establish 
 
 and maintain a free public market upon the waterfront of San Francisco, and 
 
 providing for the expenses and regulations thereof. 
 
 History: Approved March 29, 1897, Stats. 1897, p. 238. Entire act 
 amended March 2, 1903, Stats. 1903, p. 76. 
 
 The amended act is as follows: 
 
 Free public market to be established. 
 
 ^ 1. The board of state harbor commissioners shall, within one year from the passage 
 of this act, set apart upon some convenient portion of the watei'front of San Francisco 
 a sufficient number of blocks and parts of blocks belonging to the state contiguous to 
 the docks and piers for a free market for the greater portion of all the perishable 
 products of the state of California arriving in San Francisco by land, boat, or other 
 conveyance, including fruit, vegetables, eggs, poultry, grain, dairy products, and fish, 
 and shall permit the sale of such products upon said blocks and portions of blocks of 
 land by or for the account of the producers thereof only, under such regulations as may 
 be prescribed by the said board of harbor commissioners and as the public convenience 
 may require. 
 
 Land set apart shall be convenient. 
 
 § 2. The land so set apart for the free public market shall be as convenient as 
 possible to that portion of the city and county of San Francisco in which the principal 
 wholesale trade in perishable products is now carried on, and must be adjacent and 
 contiguous to such piers and docks as are accessible to all water craft ordinarily 
 employed in carrying such products upon the waters of San Francisco bay and the 
 navigable waters contributing thereto, and vessels so loaded shall have the preference 
 at all times at docking at such wharves and piers contiguous to said lands over other 
 vessels not so loaded. 
 
 Assignment of docking-room. 
 
 § 3. Docking-room at said piers shall be assigned without partiality to all vessels 
 engaged in the transportation of said products, and the space assigned shall be suffi- 
 cient to permit such vessels regularly running upon a route to receive and discharge 
 their entire cargoes of such products at the piers aforesaid, if they so desire, subject 
 to the control and direction of the board of state harbor commissioners. And the said 
 board of state harbor commissioners shall construct car-tracks to connect the said docks 
 and piers with the land so set apart for the free public market and with the belt rail- 
 road. For the use of these tracks the state harbor commissioners shall prescribe such 
 regulations as public convenience may require, and fix the compensation to be paid by 
 the companies making use of them for this purpose. 
 
 Tramways. 
 
 ^ 4. The harbor commissionefs shall suitably inclose said free market and construct 
 suitable tramways and tracks or other devices for the rapid conveyance of perishable 
 products from car or boat or other conveyance to the stalls in the free market, and 
 operate the same.
 
 005 HARBOR COiVINISSIONE^RS. Act 1865, §g 1, 2 
 
 No rental for space. Penalty for violation of act. 
 
 $ 5. The harbor commissioners shall assign space within the free market to all 
 producers of perishable products, under such regulations as the harbor commissioners 
 may prescribe. No rental shall be charged for space in the free market. Any violation 
 of this act, or of the regulations made pursuant thereof, shall exclude the person or 
 firm guilty of such violation from the privilege of selling in the free market, during the 
 pleasure of the harbor commissioners, not exceeding one year, in addition to any other 
 penalty which may be incurred thereby. 
 
 Expenses, how provided for. 
 
 $ 6. For the payment of the expenses of said free market the said board of state 
 harbor commissioners may, in their judgment, so adjust tolls upon the said perishable 
 products as shall be delivered into said free market as to provide the necessary revenue ; 
 provided, however, that no one shall be compelled to enter into said free public market, 
 and no tolls for the purpose of paying the expenses of said free market shall be levied, 
 assessed, or inflicted upon any products not entering into said free public market ; and 
 provided, further, that the total of such tolls so levied shall not exceed the total expense 
 of maintaining such free market. 
 
 Officers of free market. 
 
 $ 7. The officers of said free market shall be a superintendent and assistant super- 
 intendent, who shall also be secretary, and such other employees as the state board of 
 harbor commissioners may appoint. The salary of all employees of said free market 
 shall be fixed by the state board of harbor commissioners, and be paid out of the 
 general fund of said harbor commission the same as other employees. 
 
 Bonds of officers. 
 
 § 8. All officers and employees of any public market on state property are officers 
 and employees of the state, and shall qualify in the same manner as other employees, 
 and give such bonds as the harbor commissioners may prescribe. 
 
 Moneys to carry into effect. 
 
 $ 9. There is hereby appropriated out of the San Francisco harbor improvement 
 fund the necessary moneys to enable the harbor commissioners to carry this act into 
 effect, and this appropriation shall have precedence of all other claims on such fund 
 for improvements. 
 
 INSURANCE OF STATE PROPERTY. 
 ACT 1865 — An act empowering and authorizing the board of state harbor commis- 
 sioners to insure against loss or damage by fire or other disaster the property of the 
 state of California located on the waterfront of San Francisco, California. 
 
 History: Approved April 30, 1919. In effect July 22, 1919, Stats. 
 1919, p. 254. Prior act of March 25, 1901, Stats. 1901, p. 809, amended 
 March 20, 1905, Stats. 1905, p. 295; May 21, 1915. In effect August 8, 
 1915. Stats. 1915, p. 728, superseded by the present act. 
 
 Insurance of state water front property. 
 
 $ 1. The board of state harbor commissioners is hereby empowered and authorized 
 to insure against loss or damage by fire or other disaster the wharves, docks, piers, 
 slips, bulkheads and structures contained thereon, and improvements located on tha 
 inside and outside of the waterfront line, and all property of the state of California 
 under the control and supervision of said board of state harbor commissioners. 
 
 Amount and cost. 
 
 "j 2. This insurance is to be effected and distributed at the discretion and under the 
 direction of said board of state harbor commissioners; the aggregate amount of such
 
 Acta 1S60-1S69 
 
 GENICRAL. I.AU'S. 
 
 006 
 
 insurance not to exceed the sum of two million dollars, plus twenty-five per cent, of 
 the actual cost value of irajiroveraents made or property acquired by the state through 
 said board or coming under the jurisdiction of said board after this act goes into effect. 
 The cost of said insurance shall not exceed two per cent j)er hundred in premiums for 
 policies to be written for a three-years' term. Said cost to be defrayed and paid out of 
 the San Francisco harbor improvement fund. 
 Repealed. 
 
 This section was also amended March 20, 1905, Stats. 1905, p. 295. 
 
 $ 3. All acts and parts of acts in conflict herewith are hereby repealed. 
 
 RECONSTRUCTION AND REPAIR OF DAMAGED PROPERTY. 
 ACT 1866 — An act to provide for the reconstruction and repair by the board of state 
 harbor commissioners of the damaged property of the state of California situated on 
 the waterfront of the city and county of San Francisco, and making an appropriation 
 therefor. 
 
 History: Approved June 14, 1906, Stats. 1906 (ex. sess.), p. 38. 
 
 One hundred tfaouMand dollars was appropriated for the purpose indicated. See, also, 
 Act 18GCa. 
 
 RECONSTRUCTION AND REPAIR OF WHARVES, ETC. 
 ACT 1866a — An act to provide for the reconstruction and repair by the board of state 
 harbor commissioners, of wharves, piers, docks, bulkheads, sheds, streets and sea- 
 wall, the property of the state of California situated on the waterfront of the city 
 and county of San Francisco and making an appropriation therefor. 
 History: Approved March 13, 1907, Stats. 1907, p. 244. 
 Thl« act appropriated the sum of $250,000 for the purpose indicated. See, also. Act 1866. 
 
 LEASE OF CERTAIN WATERFRONT BLOCKS. 
 ACT 1867 — An act authorizing harbor commissioners of San Francisco to lease portion 
 of waterfront. 
 
 History: Approved April 2, 1866, Stats. 1865-66, p. 853. 
 
 Kditor*M note: This act authorized the 
 lease of a portion of South Beach. 
 
 See, also, the following acts: Act ap- 
 proved March 27, 1868, Stats. 1867-68, p. 408. 
 authorizing a lease to the California, 
 Oregon & Mexico Steamship Co.; act ap- 
 proved March 27, 1868, Stats. 1867-68, p. 373, 
 authorizing a lease to the Merchants' Float- 
 ing Dry Dock Co.; act approved March 27, 
 1868. Stats. 1867-68, p. 409, changing the 
 terms of the lease to the Pacific Mail Steam- 
 ship Co.; act approved April 4, 1870, Stats. 
 
 1869-70, p. 799, authorizing a lease to the 
 Western Pacific Railroad Company. See, 
 al.so Act 2843, ratifying the lease of China 
 Basin to the San Joaquin "Valley Railroad 
 Co. 
 
 Conixtitudonallty of certain tide land 
 leases upheld, and "leases" held not to be 
 Included in the meaning of the word "grant" 
 in section 3, article XV, of the constitution. 
 — San Pedro, etc., Co. v. Hamilton, 161 Cal. 
 610, 119 Pac. 1073. 
 
 SAN FRANCISCO HARBOR IMPROVEMENT ACT OF 1909. 
 ACT 1869 — An act to provide for the issuance and sale of state bonds to create a fund 
 for the improvement of San Francisco harbor by the construction by the board of 
 state harbor commissioners of wharves, piers, state railroad, spurs, betterments, and 
 appurtenances and necessary dredging and filling in connection therewith in the city 
 and county of San Francisco; to create a sinking fund for the payment of said 
 bonds; to define the duties of state officers in relation thereto; to make an appropria- 
 tion of five thousand dollars for the expense of printing said bonds; and to provide 
 for the submission of this act to a vote of the people. 
 
 History: Approved March 20, 1909, Stats. 1909, p. 522. Submitted 
 to the people at the general election of 1910 and ratified. Stats. 1911 
 (Part II) p. 1. 
 
 Thin act provided for the submission to the people of a bond issue of $9,000,000 for the 
 purposes indicated.
 
 907 HARBOR COMMISSIONERS. Act 1S71, § 1 
 
 INDIA BASIN ACT. 
 
 ACT 1870 — An act to provide for the issuance and sale of state tonds to create a fund 
 
 for the acquisition by the board of state harbor commissioners, of a necessary area 
 
 for a tidal basin, for wharves, decks, piers, harbors and appurtenances, in the city 
 
 and county of San Francisco; to create a sinking fund for the payment of said 
 
 bonds; and defining the duties of state officers in relation thereto; making an 
 
 appropriation of one thousand dollars for the expense of printing said bonds; and 
 
 providing for the submission of this act to a vote of the people. 
 
 History: Approved March 24, 1909, Stats. 1909, p. 713. Submitted 
 to the people at the general election of 1910 and ratified. Stats. 1911 
 (Part II), p. 12. 
 
 This act provided for the submission to See India Basin condemnation act, Act 
 
 the people of a bond issue for ?1, 000,000 for 1862. 
 acquiring India Basin. 
 
 SAN FRANCISCO HARBOR IMPROVEMENT ACT OF 1913. 
 ACT 1871 — An act to provide for the issuance and sale of state bonds to create a fund 
 for the improvement of San Francisco harbor by the construction by the board of 
 state harbor commissioners of wharves, piers, state railroad, spurs, betterments, and 
 appurtenances, and necessary dredging and filling in connection therewith in the city 
 and county of San Francisco; to create a sinking fund for the payment of said 
 bonds ; to define the duties of state officers in relation thereto ; to make an appropria- 
 tion of five thousand dollars for the expense of printing said bonds; and to provide 
 for the submission of this act to a vote of the people. 
 
 History: Approved June 16, 1913, Stats. 1913, p. 1122. Submitted 
 to the people at the general election of 1914 and ratified. In force 
 December 31, 1914. 
 
 Bonds for San Francisco harbor improvement. Interest. Life of bonds. Paid from 
 
 third sinking fund. Redemption by lot. 
 
 $ 1. For the purpose of providing a fund for the payment of the indebtedness hereby 
 authorized to be incurred by the board of state harbor commissioners for the erection 
 of wharves, piers, seawall, state railroad, spurs, betterments and appurtenances and 
 necessary dredging and filling in connection therewith in the city and county of San 
 Francisco, at a cost not to exceed ten million dollars (which said wharves, piers, sea- 
 wall, state railroad, spurs, betterments and appurtenances and necessary dredging and 
 filling in connection therewith the board of state harbor commissioners are hereby 
 empowered to construct and do in the manner authorized by law, and at a cost not to 
 exceed ten million dollars), the state treasurer shall, immediately after the issuance of 
 the proclamation of the governor, provided for in section ten hereof, prepare ten thou- 
 sand suitable bonds of the state of California, in the denomination of one thousand 
 dollars each. The whole issue of said bonds shall not exceed the sum of ten million 
 dollars, and said bonds shall bear interest at the rate of four per centum per annum, 
 from the date of issuance thereof, and both principal and interest shall be payable in 
 gold coin of the present standard value, and they shall be payable at such place in the 
 United States as may be designated in the bonds (full authority to designate such place 
 being hereby conferred on the governor who shall sign said bonds), at the expiration 
 of seventy-four years from their date, subject, however, to redemption by lot as in this 
 act hereinafter provided. Said bonds shall bear date the second day of July, A. D. 
 nineteen hundred and fifteen, and shall be made payable on the second day of July, 
 nineteen hundred and eighty-nine. The interest accruing on such of said bonds as are 
 sold, shall be due and payable at the place designated in said bonds as aforesaid, on 
 the second day of January, and on the second day of July, of each year after the sale 
 of the same; provided, that the first payment of interest shall be made on the second
 
 Act 1871, §§ 2-4 GE^NERAL, LAWS. 908 
 
 day of July, nineteen hundred and sixteen, on so many of said bonds as may have been 
 theretofore sold. At the expiration of seventy-four years from the date of said bonds, 
 all bonds sold shall cease to bear interest and likewise all bonds redeemed by lot shall 
 cease to bear interest as in this act provided, and the said state treasurer shall call in, 
 forthwith pay and cancel the same, out of the moneys in the third San Francisco sea- 
 wall sinking fund provided for in this act, and, he shall on the first Monday of July, 
 nineteen hundred and eighty-nine, also cancel and destroy all bonds not theretofore 
 sold. All bonds issued shall be signed by the governor, and countersigned by the con- 
 troller, and shall be indorsed by the state treasurer and the said bonds shall be so 
 signed, countersigned and indorsed by the officers who are in office on the second day 
 of July, 1915, and each of said bonds shall have the seal of the state stamped thereon. 
 The s.'iid bonds signed, countersigned and indorsed and sealed as herein provided when 
 sold .^hall be and constitute a valid and binding obligation upon the state of California, 
 though the sale thereof be made at a date or dates after the person signing, counter- 
 signing and indorsing, or any or either of them, shall have ceased to be the incumbent 
 of such office or offices. Each bond shall contain a clause that it is subject to redemp- 
 tion by lot after the year nineteen hundred and fifty-four. 
 
 Interest coupons. 
 
 $ 2. Interest coupons shall be attached to each of said bonds so that such coupons 
 may be removed without injury to, or mutilation of the bond. Said coupons shall be 
 consecutively numbered, and shall bear the lithographed signature of the state treas- 
 urer who shall be in office on the second day of July, 1915. But no interest on any of 
 said bonds shall be paid for any time which may intervene between the date of any 
 of said bonds and the issue and sale thereof to a purchaser, unless such accrued interest 
 shall have been, by the purchaser of said bond, paid to the state at the time of such sale. 
 
 Appropriation. 
 
 ^ 3. The sum of five thousand dollars is hereby appropriated to pay the expense 
 that may be incurred by the state treasurer in having said bonds prej^ared. Said 
 amount shall be paid out of the San Francisco harbor improvement fund on controller's 
 warrants, duly drawn for that purpose. 
 
 Sale of bonds. Approval. Matured coupons detached. Disposition of proceeds. 
 
 § 4. When the bonds authorized to be issued under this act shall be duly executed, 
 they shall be by the state treasurer sold at public auction to the highest bidder for 
 cash, in such parcels and numbers as said treasurer shall be directed by the governor 
 of the state, under seal thereof, after a resolution requesting such sale shall have been 
 adopted by the board of state harbor commissioners, and approved by either the gov- 
 ernor of the state or mayor of the city and county of San Francisco, who shall only 
 ap]irove the same when in their judgment the actual harbor receipts, and those reason- 
 ably anticipated, will justify such sale of bonds and the consequent increased burden 
 on harbor receipts; but said treasurer must reject any and all bids for said bonds, or 
 for any of them, which shall be below the par value of said bonds so offered plus the 
 interest which has accrued thereon between the date of sale and the last preceding 
 interest maturity date; and he may, by public announcement at the i^laee and time 
 fixed for the sale, continue such sale, as to the whole of the bonds offered, or any part 
 thereof, offered, to such time and place as he may select. Before offering any of said 
 bonds for sale the said treasurer shall detach therefrom all coupons which have matured 
 or will mature before the date fixed for such sale. Due notice of the time and 
 place of sale of all bonds must be given by said treasurer by publication in two news- 
 papers published in the city and county of San Francisco, and also by publication in 
 one newspaper published in the city of Oakland, and by publication in one newspaper
 
 909 HARBOR COMMISSIONE)RS. Act 1871, g 5 
 
 published in the city of Los Angeles, and by publication in one newspaper published in 
 the city of Sacramento, once a week during four weeks prior to such sale. In addition 
 to the notice last above provided for, the state treasurer may give such further notice 
 as he may deem advisable, but the expenses and cost of such additional notice shall not 
 exceed the sum of five hundred dollars for each sale so advertised. The cost of such 
 publication shall be paid out of the San Francisco harbor improvement fund, on con- 
 troller's warrants duly drawn for the purpose. The proceeds of the sale of such bonds 
 except such amount as may have been paid as accrued interest thereon shall be forth- 
 with paid over by said treasurer into the treasury, and must be by him kept in a 
 separate fund to be known and designated as the "third San Francisco seawall fund" 
 and must be used exclusively for the construction of wharves, piers, seawall, state rail- 
 road, spurs, betterments and appurtenances and necessary dredging and filling in con- 
 nection therewith on the waterfront of the city and county of San Francisco. Drafts 
 and warrants upon said fund shall be drawn upon and shall be paid out of said fund 
 in the same manner as drafts and warrants are drawn upon and paid out of the San 
 Francisco harbor improvement fund. The amount that shall have been paid at the 
 sale of said bonds as accrued interest on the bonds sold shall be, by the state treasurer, 
 immediately after such sale, paid into the treasury of the state and placed in the 
 "third San Franci.sco seawall sinking fund." 
 
 Third San Francisco seawall sinking fund created. Investment of funds. Collections. 
 Pasrment by lot after 1955. Bonds purchased by state. Sale of bonds in sinking 
 fund. 
 
 $ 5. For the payment of the principal and interest of said bonds a sinking fund, to 
 be known and designated as the "third San Francisco seawall sinking fund," shall be, 
 and the same is hereby created, as follows, to wit : The state treasurer, after the second 
 day of July, nineteen hundred and thirty-three, shall on the first day of each and 
 every month thereafter, after the sale of such bonds, take from the San Francisco har- 
 bor improvement fund such sum as, multiplied by the time in months, the bonds then 
 sold and outstanding have to run, will equal the principal of the bonds sold and out- 
 standing at the time said treasurer shall so take said sum from said San Francisco 
 harbor improvement fund, less the amount theretofore taken therefrom for said pur- 
 pose; and he shall place the sum in the third San Francisco seawall sinking fund cre- 
 ated by this act. Said state treasurer shall, on controller's warrants duly drawn for 
 that purpose, employ the moneys in said sinking fund in the purchase of the bonds of 
 the United States, or of the state of California, including any bonds authorized, issued 
 and theretofore sold under authority of this act or of the several counties or munici- 
 palities of the state of California, which said bonds shall be kept in a proper receptacle, 
 appropriately labeled; but he must keep always on hand a sufficient amount of money 
 in said sinking fund with which to pay the interest on such of the state bonds herein 
 provided to be issued as may have theretofore been sold. The state treasurer mux only 
 purchase such bonds authorized and issued under authority of this act with moneys in 
 said sinking fund as have been theretofore sold. And to provide means for the pay- 
 ment of interest on the bonds that may be sold and outstanding, said treasurer shall 
 monthly take from the San Francisco harbor improvement fund, and pay into said 
 seawall sinking fund, an amount equal to the monthly interest then due on all bonds 
 then sold, delivered and outstanding. The board of state harbor commissioners are 
 hei'eby authorized and directed by the collection of dockage, tolls, rents, wharfage and 
 cranage to collect a sum of money sufficient for the purposes of this act, over and above 
 the amount limited by section two thousand five hundred and twenty-six of the Polit- 
 ical Code of the state of California. BetAveen the first and tenth day of May, in the 
 year nineteen hundred and fifty-five and between the first and tenth day of May of 
 each year thereafter until the maturity of said bonds, the said treasurer shall, in the
 
 Act 1871. §§ 6-8 GENERAL LAWS. 910 
 
 presence of the governor, proceed to draw by lot such an amount of bonds as shall be 
 requisite to exhaust as nearly as may be the amount in said sinking fund at that time, 
 and shall thereupon and before the tenth day of June following, give notice by public 
 advertisement to be inserted twice a week for two weeks in two newspapers published 
 in the city and county of San Francisco, and also in one newspaper published in the 
 city of Oakland, and also in one newspaper published in the city of Los Angeles, and 
 also in one newspaper published in the city of Sacramento, stating the number of bonds 
 so drawn and that the principal of said bonds will be paid on presentation to the 
 treasurer on or before the second day of July, following, and that from and after such j- 
 last named date, all interest upon bonds thus drawn shall cease, and it shall be the j 
 duty of the treasurer as soon as said bonds so drawn by lot are surrendered to him and 
 paid to cancel the same, and the interest coupons thereon, and each year beginning with 
 the year nineteen hundred and fifty-five, the said treasurer shall in the manner afore- 
 said, proceed to draw by lot such an amount of bonds as shall be requisite to exhaust 
 as nearly as may be the amount in said sinking fund, and proceed in the manner here- 
 inabove stated. In the event that the state treasurer employs moneys in said sinking 
 fund in the jjurchase of any bonds authorized, issued and theretofore sold under 
 authority of this act, than at the time in this section provided for the drawing of bonds 
 by lot, and immediately preceding such drawing the state treasurer shall retire and 
 cancel any bonds in said sinking fund authorized, issued and sold under authority of 
 this act, and the amount in said sinking fund remaining at the time shall constitute 
 the amount for the purposes of such drawing. After the payment of all said bonds, the 
 surplus or balance remaining in said sinking fund, if any there be, shall forthwith be 
 paid into the San Francisco harbor improvement fund. At the time of the respective 
 drawings by lot, as aforesaid, and also at the maturity of said state bonds, said treas- 
 urer shall sell the United States or other bonds then in said sinking fund, except bonds 
 authorized, issued and sold under authority of this act, at governing market rates, after 
 advertising the sale thereof in the manner hereinbefore provided for the sale of bonds 
 hereby authorized to be issued, and shall use the proceeds for the payment of such 
 bonds as may be drawn by lot, and at the maturity of said bonds outstanding shall 
 pay and redeem said matured outstanding bonds out of said moneys in said fund in 
 extinguishment of said bonds on controller's warrants duly drawn for that purpose. 
 
 Record of proceedings. 
 
 $ 6. The state controller and the state treasurer- shall keep full and particular 
 account and record of all their proceedings under this act, and they shall transmit to 
 the governor an abstract of all such proceedings thereunder, with an annual report, to 
 be by the governor laid before the legislature biennially; and all books and papers per- 
 taining to the matter provided for in this act shall at all times be open to the insjDection 
 of any party interested, or the governor, or the attorney general, or a committee of 
 either branch of the legislature, or a joint committee of both, or any citizen of the state. 
 
 Duty of treasurer to pay interest. 
 
 $ 7. It shall be the duty of the state treasurer to pay the interest of said bonds, when 
 the same falls due, out of the sinking fund provided for in this act, on controller's war- 
 rants duly drawn for that purpose. 
 
 In effect December 31, 1914. 
 
 ^ 8. This act, if adopted by the people, shall take effect on the thirty-first day of 
 December, nineteen hundred and fourteen, as to all its provisions except those relating 
 to and necessary for its submission to the people, and for returning, canvassing, and 
 proclaiming the votes, and as to said excepted provisions this act shall take effect ninety 
 days after the final adjournment of the session of the legislature passing this act.
 
 »H HARBOR COMMISSIONERS. Act 1871a 
 
 Submitted to people. 
 
 § 9. This act shall be submitted to the people of the state of California for their rati- 
 fication at the next general election, to be holden in the month of November, nineteen 
 hundred and fourteen, and all ballots at said election shall have printed thereon and at 
 the end thereof, the words, "For the San Francisco harbor improvement act of 1913," 
 and in the same square under said words the following, in brevier type: "This act pro- 
 vides for the improvement of San Francisco harbor and for the payment of all costs 
 thereof out of San Francisco harbor improvement fund." In the square immediately 
 below the square containing said words, there shall be printed on said ballot the words : 
 "Against the San Francisco harbor improvement act of 1913," and immediately below 
 said words "Against the San Francisco harbor improvement act of 1913" in brevier type 
 shall be printed "This act provides for the improvement of San Francisco harbor and 
 for the payment of all costs thereof out of the San Francisco harbor improvement 
 fund." Opposite the words, "For the San Francisco harbor improvement act of 1913" 
 and "Against the San Francisco harbor improvement act of 1913" there shall be left 
 spaces in which the voters may make or stamp a cross to indicate whether they vote for 
 or against said act, and those voting for said act shall do so by placing a cross opposite 
 the words "For the San Francisco harbor improvement act of 1913," and all those 
 voting against the said act shall do so by placing a cross opposite the words "Against 
 the San Francisco harbor improvement act of 1913." The governor of this state shall 
 include the submission of this act to the people, as aforesaid, in his proclamation calling 
 for said general election. 
 
 Canvass of votes. 
 
 ^ 10. The votes cast for or against this act shall be counted, returned and canvassed 
 and declared in the same manner and subject to the same rules as votes cast for state 
 officers; and if it appear that said act shall have received a majority of all the votes 
 cast for and against it at said election as aforesaid, then the same shall have effect as 
 hereinbefore provided, and shall be irrepealable until the principal and interest of the 
 liabilities herein created shall be paid and discharged, and the governor shall make 
 proclamation thereof; but if a majority of the votes cast as aforesaid are against this 
 act then the same shall be and become void. 
 
 Act published in each county. 
 
 § 11. It shall be the duty of the secretary of state to have this act published in at 
 least one newspaper in each county, or city and county, if one be published therein, 
 throughout this state, for three months next preceding the general election to be holden 
 in the month of November, nineteen hundred and fourteen, the costs of publication shall 
 be paid out of the San Francisco harbor improvement fund, on controller's warrants 
 duly drawn for that purpose. 
 
 Title of act. 
 
 § 12. This act may be known and cited as the "San Francisco harbor improvement 
 act of 1913." 
 
 $ 13. All acts and part of acts in conflict with the provisions of this act are hereby 
 repealed. 
 
 SAN FRANCISCO SEAWALL ACT. 
 
 ACT 1871a — An act to provide for the issuance and sale of state bonds to create a fund 
 
 for the construction by the board of state harbor commissioners of a seawall and 
 
 appurtenances in the city and county of San Francisco ; to create a sinking fund for 
 
 the payment of said bonds ; and providing for the submission of this act to a vote of 
 
 the people. [Approved March 20, 1903. Stats. 1903, p. 247.] 
 
 History: Approved March 20, 1903, Stats. 1903. p. 247. Submitted 
 to the people at the general election o£ 1904 an(] ratified.
 
 Acts 1872-1S74, § 1 GENERAL LA^VS. 912 
 
 This act provided for an issue of bonds lished — Spear v. Reeves, 148 Cal. 501, 83 
 
 to the amount of $2,000,000 for the purpose Pac. 432. 
 
 indicated. 2. Right of prospective bidder. — A mere 
 
 The "San Francisco Hnrbor Improvement prospective bidder on the San Francisco sea- 
 Act of 1909," provided for an issue of $9,- wall bonds has not the present status to 
 000,000 bonds for the "second San Fran- entitle him to maintain a writ of mandate 
 Cisco seawall fund." See Act 1869; and the to compel the signing of the bonds. — Gra- 
 act of 1913, provided for a third San Fran- ham v. Gillett, 156 Cal. 113, 103 Pac. 195. 
 ' Cisco seawall fund." See Act 1871. 3, Rights of successful bidder. — A suc- 
 
 1. Constitutionality — Publication. — The cessful bidder for San Francisco seawall 
 
 failure of the act to provide for publica- bonds is entitled to have valid securities, 
 
 tion did not render it invalid under article and if the bonds are not properly executed 
 
 XVI of the constitution, in view of the fact he may compel the issuance of valid bonds, 
 
 that that article required publication, since — Graham v. Gillett, 156 Cal. 113, 103 Pac. 
 
 under section 7, article V, it was the duty 195. 
 of the governor to see that it was pub- 
 
 ESTABLISHING DISPUTED TITLES ON BAY OF SAN DIEGO. 
 ACT 1872 — An act making an appropriation to pay for the settlement of disputed titles 
 to or boundaries of land claimed by the state of California fronting on the bay of 
 San Diego. 
 
 History: Approved March 11, 1907, Stats. 1907, p. 238. 
 
 This net appropriated $10,000 to pay the lishing disputed titles to lands on San 
 
 expenses incurred by the harbor commis- Diego bay. 
 sioners of San Diego in settling or estab- 
 
 SAN DIEGO SEAWALL ACT OF 1909. 
 
 ACT 1873 — An act to provide for the issuance and sale of state bonds to create a fund 
 
 for the construction by the board of state harbor commissioners for the bay of San 
 
 Diego of harbor improvements consisting of a seawall, wharves, piers, state railroad, 
 
 spurs, betterments and appurtenances in the county of San Diego ; to create a sinking 
 
 fund for the payment of said bonds; to define the duties of state ofiicers in relation 
 
 thereto; to make an appropriation of one thousand five hundred dollars for the 
 
 expense of printing said bonds, and to provide for the submission of this act to a 
 
 vote of the people. 
 
 History: Approved April 16, 1909, Stats. 1909, p. 942. Submitted 
 to the people at the general election of 1910 and ratified. Stats. 1911 
 (Part II), p. 17. 
 
 This oct provided for the submission to the people of a bond issue of $1,500,000 for the 
 Improvement of San Diego harbor. 
 
 BOARD OF HARBOR COMMISSIONERS OF PORT OF SAN JOSE. 
 ACT 1874 — An act to create a board of harbor commissioners for the port of San Jose 
 on the southerly arm of San Francisco bay, and to prescribe their powers and duties 
 and to fix their compensation and the compensation of their employees and to appro- 
 priate money to carry this act into effect. 
 
 History: Approved June 14, 1913. In effect August 10, 1913. Stats. 
 1913, p. 1128. 
 
 San Jose harbor commission created. No compensation. Organization of board. 
 
 § 1. The board of harbor commissioners for the port of San Jose on the southerly 
 arm of the bay of San Francisco, to consist of three persons, is hereby constituted with 
 such powers and duties as are prescribed by law and the provisions of this act. "Within 
 thirty da3-s after this act takes effect the governor shall appoint one of said commis- 
 sioners to hold oflBce for two years, one of said commissioners to hold office for three 
 years, and one of said commissioners to hold office for four years from the dates of their 
 respective commissions and until their successors are appointed and qualified; and 
 thereafter the said three officers shall be thereafter appointed by the governor for a 
 term of four years from the dates of their res^jective commission and until their sue-
 
 91S HARBOR C03IMISSI0NERS. Act 1874, §§ 2-4 
 
 cessors are appointed and qualified. All persons appointed commissioners by virtue 
 of this act, must be qualified electors or freeholders of the city of San Jose and shall 
 serve ■without compensation. If a vacancy occurs from any cause in the office of a 
 commissioner aj^pointed under the provisions of this act before the expiration of his 
 term, his successor shall be appointed and hold office only for the unexpired portion 
 of said term. Within thirty days after the appointment of said commissioners, the said 
 board shall meet and organize by electing one of its members president and executive 
 officer of said board. It shall be the duty of the president to preside at the meetings 
 of the board, and to supervise the official conduct of all of its employees and officers, 
 especially in the collection, custody and disbursement of the revenues, and to require 
 that all the books, papers and accounts be accurately kept and in proper form, and all 
 the provisions of law and the regulations of the board be enforced and observed. He 
 may administer official oaths to the officers and employees of the board, except the other 
 commissioners, and to all persons in relation to the business of the board, 
 
 Ofi&cers. Secretary, etc. Salaries. 
 
 5 2. The said board, upon entering upon the duties of their office, may, as soon as 
 they deem it uecessarj'^ for the performance of the duties required by this act, and have 
 funds at their disposal to pay the salaries or compensation for services rendered, appoint 
 the following officers, to wit: A secretary, an attorney, a chief wharfinger, and such 
 assistant wharfingers and collectors as they may deem necessary. Such persons shall 
 hold office at the pleasure of said board, and shall receive such salaries as said board 
 may fix therefor, not to exceed, however, the following sums: Said secretary, the sum 
 of twelve hundred dollars per annum; said attorney, one thousand dollars per annum; 
 said chief wharfinger, the sum of one thousand dollars per annum; and said assistant 
 wharfingers and collectors, nine hundred dollars per annum each. Said board shall 
 require of said officers, official bonds in such sums as they may deem necessary and 
 proper, and may, at any time, increase the amounts thereof. 
 
 Secretary's duties. 
 
 § 3. The secretary must keep the office of the board open every day, legal holidays 
 excepted, and shall safely keep all books and papers of the board; attend their meet- 
 ings; keep a perfect record of their proceedings, and proper books of account of all 
 moneys received and paid, and send to the state controller on the 15th day of each 
 month, a statement of such receipts and expenditures under oath for the preceding 
 month, showing in detail the sources from which such moneys were received and the 
 purposes for which they were expended, and the disposition of all moneys received by 
 said board. He shall keep a record of all contracts and agreements made by the board 
 and also all bonds executed by the officers of the board, and a record of all personal 
 property purchased, and its cost, and the disposition of the same. 
 
 Attorney's duties. Wharfinger's duties. 
 
 5 4. The attorney for the board shall attend the prosecution and defense of all suits 
 and render all legal services which may be required of him by the board. The chief 
 wharfinger must station, berth and regulate position of vessels in docks and harbors, and 
 cause them to remove from time to time and from place to place as general business, 
 safety and good order may require; he shall supervise the wharfingers and collectors, 
 and require all vessels to conform to the regulations of the board, and have general 
 charge and supervision over all wharves, docks, slips, piers and other premises under 
 the jurisdiction of the board, and make due report to the board of all of his acts, and of 
 all vessels coming into the harbors, or using the docks under the supervision of said 
 board; and perform such other duties as may be required by the board from time to 
 time. 
 
 Gen. Laws — 58
 
 \ct 1S74, §§ 5-8 GENERAL LAWS. 814 
 
 Collector's duties. 
 
 ^ 5. The collectors must collect the revenues in such manner as the board may direct, 
 and shall daily account for and pay in to the secretary of said board all moneys so 
 collected by them. 
 
 Jurisdiction of commissioners. Rules of navigation. Wharves. Condemnation pro- 
 ceedings. Seawall. 
 
 ^ 6. The board of harbor commissioners for the port of San Jose, shall have posses- 
 sion and control of, and jurisdiction over, all those portions of Alviso slough, some- 
 times called Steamboat slough, Guadalupe sloiigh or river. Coyote river and Devil's 
 slough, as are now or may hereafter be declared to be navigable waters and public ways, 
 and all of that portion of the bay of San Francisco lying within three miles of the 
 mouths of said sloughs, and the shores along the same, together with all of the improve- 
 ments, rights, privileges, easements and appurtenances connected therewith, or in any 
 wise appertaining thereto, for the purposes in this act provided, excepting that nothing 
 herein shall interfere with any private rights already secured in any of the said prem- 
 ises, other than by due process of law, or in the exercise of the right of eminent domain. 
 Said board are authorized and empowered to make rules and regulations, and take such 
 action as may be necessary and proper for the said protection and encouragement of 
 navigation within their jurisdiction, and may regulate the erection and extension of 
 wharves and piers, and regulate the tolls, wharfage or dockage to be charged thereon. 
 They may prescribe and regulate the manner in which rafts, boats, or vessels may enter 
 or depart from, or lie at anchor in, any harbor within their jurisdiction, or be moved to 
 any wharf or pier, and may prevent and remove obstructions to the regular ebb and 
 flow of the tides, and the deposit and escape into the waters of the bay, or said sloughs, 
 of substances likely to injure, interfere with, or impede navigation, or to create shoals 
 or shallows in, or lessen the depth of the water thereof, and may regulate the speed of 
 vessels moving in said waters. They shall construct such number of wharves, piers and 
 docks as the wants of commerce shall require and locate them at such points upon said 
 lands as the board may deem most suitable and for the best interest of commerce, and 
 shall repair and maintain all wharves, piers, landings and thoroughfares as the wants 
 of commerce may require, and generally erect all such improvements as may be neces- 
 sary for the safe landing, loading and unloading, and protection of all classes of mer- 
 chandise, and for the safety and convenience of passengers. The commissioners may 
 institute and prosecute to final judgment, actions in the name of the people of the state 
 of California for the possession of any portion of the shores or lands lying, contiguous 
 thereto, in the exercise of eminent domain, and for the uses and purposes in this act 
 specified; and may so sue for the collection of any money due, or which may become 
 due, by virtue of this act, and may also institute and prosecute to final judgment, actions 
 for the removal of all obstructions in or upon said premises. They may construct such 
 harbor embankment or sea wall as may be necessary to protect the commerce in the 
 waters within their jurisdiction, and may dredge such number of slips and docks as 
 such commerce may require. 
 
 Tolls lien on goods. 
 
 ^ 7. The charge for the wharfage and tolls which may be fixed by said board shall 
 be a lien upon all goods, wares and merchandise landed upon any of said wharves or 
 docks and said lien may be enforced in the same manner as other liens. 
 
 Embankments, etc., for public use. 
 
 ^ 8. The embankments, sea walls, thoroughfares, streets, wharves and other public 
 places provided for in this act, are hereby declared to be for public use, and tlie laying 
 out and construction of which the right of eminent domain may be exercised by the
 
 915 HARBOR COMMISSIONERS. Act 1875, §§ 1, 2 
 
 said board of harbor commissioners in the name of the people of the state, and in the 
 manner provided in part 3, title VIII of the Code of Civil Procedure of the State of 
 California. The said board are authorized to pay out of any moneys coming into their 
 hands, any compensations, and damages assessed in such proceedings. 
 
 Limit of rent, etc. 
 
 $ 9. No greater amount of money in rent shall be collected for dockage, wharfage, 
 tolls and rents by the said board than shall be necessary to construct and keep in 
 repair such number of wharves, piers, landings, thoroughfares, and to dredge such 
 number of slips and docks, and to construct and keep in repair such sea walls and 
 harbor embankments as are necessary for the convenience of commerce, and to pay the 
 salaries and incidental expenses authorized by this act. 
 
 Appropriation. 
 
 ^ 10. The sum of two thousand five hundred dollars is hereby appropriated out of any 
 money in the state treasury, not otherwise appropriated, to be used in putting into effect 
 the provisions of this act; and the money hereby appropriated shall become available on 
 the first day of October, 1913, and shall be set aside in a separate fund to the credit of 
 said board of harbor commissioners for the port of San Jose and paid out upon warrants 
 drawn therefor by the controller as directed by the said board; and the said controller is 
 hereby authorized and directed to draw his warrants in favor of such persons and in 
 such amounts as may be designated by said board, and the said treasurer is hereby 
 directed to pay such warrants. 
 
 FALSE RETURNS TO BOARDS. 
 ACT 1875 — An act to provide penalties for failure to pay tolls, by false returns or 
 otherwise, to any board of state harbor commissioners. 
 
 History: Approved March 10, 1891, Stats. 1891, p. 27. 
 
 False returns to harbor commissioners. Penalty. 
 
 § 1. Any person, corporation, firm, or association who shall, by false returns, or in 
 any manner, avoid the payment of all or any portion of any tolls that may be due to 
 any board of state harbor commissioners of the state of California, from any source 
 or cause, as provided for by law and the rules and regulations of said board, shall be 
 liable for and shall pay to said board twice the amount of such tolls, and in addition 
 thereto the sum of ten dollars over and above such amount. 
 
 Act takes effect when. 
 
 $ 2. This act shall take effect from and after its passage. 
 
 Collecting tolls without authority of tended that the report referred to In sec- 
 board. — See Kerr's Cyc. Penal Code, § 642. tions 4 and 6 should go into detail, or that 
 
 1. Proceediners — Coustruction of act. — a slight or reasonable departure therefrom 
 The construction of a highway under this in the final specifications for doing- the 
 act is not, strictly speaking a proceeding work, not destructive of the general plan 
 in invitum, and the rule of strict construe- proposed, should render the contract void, 
 tion is not .applicable to contracts made — City, etc., Co. v. Kroh, 158 Cal. 308, 110 
 thereunder. — City, etc., Co. v. Kroh, 158 Pac. 933. 
 
 Cal. 308, 110 Pac. 933. 3. Contract — Interest of public ofllcial. 
 
 2. Same — Preliminary investi;;ation, — A contract for the acquisition of land 
 pnrpo.se of. — The preliminary investigation, for a highway under this act approved by 
 statement of improvements to be made and the highway commissioners and by the su- 
 estimate of the cost, are intended to be pervisors can not be avoided by the county 
 general in terms, the purpose being merely on the ground that the assistant district 
 to give information to the supervisors and attorney was interested as a stockholder in 
 the voters as to the general character of the corporation owning the land, and that 
 the work for which bonds were supposed the price agreed to be paid was excessive. 
 to be necessary. — ^City, etc., Co. v. Kroh, — County of San Diego v. Utt, 173 Cal. 554, 
 158 Cnl. 308, 110 Pac. 933. 160 Pac. 657. 
 
 2a. Same — Same. — The act never in- 4. Same — Changes. — Where a contract
 
 Act 1S77, § 1 
 
 GGNBRAL LAWS. 
 
 016 
 
 for work under this act authorizes the 
 supervisors to make such changes as would 
 materially diminish tlie contractor's work 
 without authorizing- at the same time a 
 corresponding' diminution of the contract 
 price, it is not for that reason invalid, 
 .since, even in the absence of such a pro- ' 
 vision for a diminution of the contract 
 price, in the event of such a change the 
 contractor would not be entitled to the 
 full contract price. — City, etc., Co. v. Kroh, 
 158 Cal. 308, 110 Pac. 933. 
 
 5. Same — Same. — Where a contract for 
 work done under this act provided that 
 certain parts of the work should be done 
 according to elevations shown upon the 
 plans "or to elevations which may be 
 given by the engineer," and also that power 
 is reserved to the supervisors to change 
 plans in certain particulars, the engineer 
 is not given the authority, to change the 
 elevations of his own motion, but the con- 
 tractor is required to take the engineer's 
 elevations so far as they apply to the 
 changes made by the supervisors under the 
 reservation. — City, etc., Co. v. Kroh, 158 
 Cal. 308, 110 Pac. 933. 
 
 G. Same — Plans and specifioations — Ne- 
 cessity, purpose and sulliciency. — It is a 
 general principle of law applying to the 
 letting of contracts for public work to the 
 lowest bidder, upon plans and specifications 
 previously adopted, that they must be suf- 
 ficiently certain and definite upon all the 
 details of the work which materially af- 
 fect its cost, to apprise the bidders of all 
 the essential and substantial parts of the 
 work and enable them to know with rea- 
 sonable accuracy the outlay they w^ill have 
 to make in performing the work. — City, 
 etc., Co. v. Kroh, 158 Cal. 308, 110 Pac. 933. 
 7. Same — Same — Same. — The reason of 
 the rule as to the sufficiency and certainty 
 of the plans and specifications of public 
 work, is, partly, because the uncertainty 
 would deprive property owners of the 
 knowledge necessary to enable them to 
 undertake the work, and partly because it 
 deprives the bidders of a like knowledge, 
 and thereby tends to prevent fair competi- 
 tion, and one reason is as per.suasive as the 
 other, whether the cost is already raised or 
 
 to be raised, by the sale of bonds, or by 
 assessment. — City, etc., Co. v. Kroh, 158 
 Cal. 308, 110 Pac. 933. 
 
 8. Same — Same — Same. — Where details 
 of construction do not appear nor could 
 be ascertained with reasonable diligence in 
 advance, or any other contingency which 
 reasonable care and consideration would 
 not foresee, the matter must be left to be 
 adjusted in accordance with the general 
 provisions of the contract, or by the dis- 
 cretion of the person or board supervising 
 its performance. — City, etc., Co. v. Kroh, 
 158 Cal. 308, 110 Pac. 933. 
 
 9. Same — Same — Same. — It would require 
 a radical departure from the general plan 
 described In the report to invalidate a con- 
 tract made in good faith. — City, etc., Co. v. 
 Kroh, 158 Cal. 308, 110 Pac. 933. 
 
 10. Plans, prolilcs and specifications— 
 Effect of failure to adopt — Purchase of ce- 
 ment. — Where, in the purchase of cement 
 for road building the board of supervisors 
 failed to adopt plans, profiles and specifica- 
 tions for the work as required by the Sav- 
 age act, under which they proceeded, the 
 seller can not recover the price of the ce- 
 ment furnished. — Henry Cowell, etc., Co. v. 
 Williams, 34 Cal. App. 92, 166 Pacific. 1018, 
 (Cal.) 189 Pac. 838. 
 
 11. AVidth of pavement and T\'idth of 
 hiffhivay. — The width of the pavement is 
 limited to sixteen feet for the sole purpose 
 of a way for public travel, and the require- 
 ment that public roads must be at least 
 forty feet wide is substantially complied 
 with if the portion of the highway not cov- 
 ered by the pavement was fit for use as a 
 passage way. — City, etc., Co. v. Kroh, 158 
 Cal. 308, 110 Pac. 933. 
 
 12. Employment of unnaturalized alien. 
 — A provision in a contract for work done 
 under this act that no unnaturalized alien 
 shall be employed in the work, except v/ith 
 the consent of the highway commission is 
 invalid and unenforceable, and its viola- 
 tion by the contractor would not defeat his 
 right of recovery. — City, etc., Co. v. Kroh, 
 158 Cal. 308, 110 Pac. 933. 
 
 13. Maintenance and repair of highways 
 built under this act. — See Kerr's Cyc. Po- 
 litical Code, § 2646. 
 
 COUNTY HARBOR COMMISSION ACT. 
 ACT 1877 — An act providing for the improvement, development or protection of any 
 harTjor, bay, inlet, or other arm of the sea, existing within any county of this state, 
 providing for the appointment of a harhor commission hy the hoard of supervisors of 
 any such county to have charge and control of the improvement, development, or pro- 
 tection thereof, and the voting, issuance and sale of the bonds of such county to pay 
 the cost thereof. 
 
 History: Approved June 11, 1915. In effect August 10, 1915. Stats. 
 1915, p. 1459. 
 
 Appointment of county harbor commission. 
 
 § 1. In any county of this state where there exists any harbor, bay, inlet, or other 
 arm of the sea, the board of supervisors of any such county, upon receiving a petition 
 signed by persons who are both freeholders and electors in such county, equal in num-
 
 91T HARBOR COMMISSIONERS. Act 1S77, §§ 2-4 
 
 ber to at least fifteen per cent of the vote cast for the office of governor of this state 
 at the last preceding election held in any such county for governor, asking that the 
 matter of issuing bonds of the county for the purpose of improving, developing, or 
 protecting such harbor, (naming it by the name by which it is commonly called,) be 
 submitted to the electors of the county, may appoint a harbor commission for such 
 county, who shall perform the duties and exercise the powers hereinafter specified. 
 
 Membership. Expense of improvement too great. 
 
 § 2. The harbor commission shall consist of five members, each of whom shall, at 
 the time of his or her appointment, be and have been for two years a bona fide resident, 
 elector and freeholder of such county. The harbor commission shall be appointed to 
 serve for the term of four (4) years, and until their successors are appointed and 
 qualified, and any vacancy in the harbor commission shall be filled by appointment by 
 the board of supervisors; provided, however, that if, after a careful survey, investiga- 
 tion and examination, the harbor commission shall report to the board of supervisors 
 that the improvement, development or protection of any such harbor is not practicable, 
 or would involve too great an expense, and such report shall be approved by the board 
 of supervisors, the said harbor commission shall thenceforth cease to exist; or if the 
 proposition for the issuance of the bonds of the county for the improvement, develop- 
 ment or protection of such harbor shall, when submitted to the electors, fail to carry 
 by the requisite number of votes, or when any proposed improvement, development or 
 protection of such harbor shall have been completed, and that fact established by a 
 finding of the board of supervisors, the said harbor commission shall cease to exist, 
 Thereafter, however, another commission may be appointed with like duties and powers, 
 as provided for in section one hereof. 
 
 Oath of office. 
 
 ^ 3. Each commissioner shall, within twentj' days after he shall receive notice of his 
 appointment, qualify by taking and subscribing the constitutional oath of office and 
 by executing and filing with the clerk of the county wherein he is appointed, a bond 
 in a sum to be fixed by the board of supervisors, with two sureties, which bond, when 
 approved by the judge or judges of the superior court of such county, shall be recorded 
 in the office of the county recorder, as other official bonds are recorded at any time 
 subsequent to twenty days after the appointment of the commission. The said com- 
 missioners, or a majority of them having qualified, shall meet at some convenient place 
 in the county and organize by electing one of their number chairman of the harbor 
 commission. 
 
 Surveys, etc. Clerks. 
 
 § 4. The commission shall with all diligence proceed to cause proper surveys to be 
 made of anj' harbor designed to be improved, developed or protected, and shall collect, 
 compile and preserve all proper data and information concerning the said harbor, and 
 as to the necessity, advantage and benefit to be derived by its improvement, develop- 
 ment or protection, and shall carefully investigate and examine the condition of such 
 harbor and shall ascertain the best, most feasible and practical plan and system of 
 improvement, development or protection to be used and employed, and of the cost 
 thereof; and shall have power, with the consent and approval of the board of super- 
 visors, to appoint and fix the compensation of a clerk, and his or her necessai'y office 
 assistants; also employ and appoint an engineer or engineers and other experts, and, 
 if in their judgment it is necessary, employ an attorney. All employees and appointees 
 shall hold office only during the pleasure of the harbor commission.
 
 Act 1877, § 5 GENERAL, LAWS. 918 
 
 If expense too great. Plans for improving. 
 
 ^ 5. If the harbor commission shall, after a careful survey, investigation and exam- 
 ination, find and report to the board of supervisors, that the improvement, development 
 or protection of the harbor is not practicable, or would involve too great an expense, 
 their report shall be filed, and if approved by the board of supervisors, the harbor com- 
 mission shall cease, as provided for in section two hereof; but if the harbor commission 
 shall find that the harbor can be improved, developed or protected, and that the public 
 will be benefited by such improvement, development or protection, and that the cost 
 thereof will not be disproportionate to the benefits to be derived, the harbor commis- 
 sion shall provide, detailed plans and specifications for the best and most feasible plan 
 of improvement, development or protection of such harbor, and shall estimate the cost 
 thereof and the amount necessary to be raised by the issuance and sale of bonds to do 
 the work, and shall make a complete, full and comprehensive report of their investiga- 
 tion and examination and file the same with the board of supervisors. 
 
 Hearing. Resolution of adoption. Election. 
 
 The board of supervisors shall then fix a date for hearing said report not more than 
 thirty nor less than twenty days after the filing thereof, and shall cause notice of the fact 
 that said report has been filed, and the date fixed for the hearing thereof to be published 
 in one or more newspapers published in the county, by at least two publications thereof. 
 On the day fixed the board of supervisors shall proceed to hear the said report, and may 
 adjourn such hearing from time to time not exceeding four weeks in all, and shall finally 
 pass upon the same, and may in their discretion refer the same back to the harbor commis- 
 sion for further examination and investigation, or for correction or amendment. When the 
 ])lans and specifications and report shall finally be accepted and approved by the board 
 of supervisors, they shall pass and adopt a resolution to that effect setting forth the 
 harbor to be improved, developed or protected, designating it by the name by which 
 it is commonly called, the plan or system of improvement, development or protection to 
 be employed and used therein, the estimated cost thereof, and the amount to be raised 
 by the sale of bonds to carry out the plan or system of improvement, development or 
 protection thereof; and shall without delay call an election to determine whether or 
 not the bonds of such county shall be issued and sold in the amount estimated by the 
 harbor commission in their report and set forth in the resolution of the board of super- 
 visors adopting the report. The said election shall be called, held, conducted and car- 
 ried on, and the said bonds issued and sold and paid for under and in accordance with 
 all the provisions of law now or hereafter existing, concerning and regarding the issu- 
 ance, sale and payment of county bonds, and all proceedings had in regard to such 
 bonds shall be in accordance with such provisions of law; provided, that every election 
 held for the purpose of submitting the question of the issuance and sale of bonds under 
 this act shall be a special election and no other question except the proposition of the 
 issuance and sale of bonds shall be submitted; provided, that the proposition of the 
 issuance and sale of bonds for more than one purpose may be submitted to the electors 
 at any such election ; and provided, further, that for the holding of such special election 
 the board may form bond election precincts by adopting the precincts established for 
 general election purposes, or by consolidating such precincts inside of incorporated cities 
 and towns, to a number not exceeding six in each bond election precinct, and shall 
 appoint only one inspector, two judges and one clerk for each bond election precinct; 
 and provided, further, that it shall be sufficient to set forth the purpose for which such 
 bonds are to be issued and sold, to state that the same are for the improvement, develop- 
 ment or protection of harbor, (naming the said harbor 
 
 by the name by which it is commonly called) and any defect or irregularity in the pro- 
 ceedings prior to the calling of such election shall not affect the validity- of the bonds.
 
 019 HARBOR COMMISSIONERS. Act 1877, §§ «, 7 
 
 Special fund. 
 
 § 6. All bonds sold for any purpose contemplated by this act shall be sold for not 
 less than the par value and accrued interest of such bonds, and the proceeds thereof 
 shall be deposited in the treasury of the county and placed to the credit of a special 
 
 fund designated harbor fund, created by order of the harbor 
 
 commission for that purpose, and the said proceeds of the sale of such bonds shall be 
 used solely and exclusively, and for no other purpose, than that for which the bonds 
 were issued. 
 
 May receive donations. 
 
 The harbor commission may receive and place to the credit of said fund any and all 
 donations which shall be used for the purpose for which it was donated. No moneys 
 shall be paid out of said fund except upon warrant of the county auditor issued upon 
 the written order of the harbor commission, duly allowed and appi-oved by the board 
 of supervisors. 
 
 Management of work. 
 
 $ 7. All improvement, development or protection of any harbor, and all work, labor 
 or service employed therein, shall be built, constructed and done under the power, con- 
 trol, management and authority of the harbor commission; provided, however, that the 
 provisions of this act shall not apply to any harbor, bay, inlet, or other arm of the 
 sea, or any portion thereof, now maintained or operated by the state of California or 
 any municipality thereof or to any harbor, bay, inlet, or other arm of the sea, in which 
 the state of California has, since the present state constitution was adopted, ceded or 
 granted to any municipality of the state the whole or any portion of the salt marsh or 
 tide lands. 
 
 Whenever the funds necessary for the doing of any improvement, development or pro- 
 tection for which bonds have been voted, or raised by donation, shall be in the county 
 treasury, the harbor commission shall proceed to carry into effect the said improvement, 
 development or protection of such harbor; provided, that the board of supervisors may 
 sell only such portion of any bonds voted as shall provide funds as the same shall be 
 needed to carry on the work. 
 
 One or more contracts. 
 
 The harbor commission shall have power to do all of the work of improvement, 
 development, or protection under one contract, or may segregate the same into sep- 
 arate parts or divisions, and let contracts for any one or more separate parts or divi- 
 sions. Every contract for doing any part of said work shall be let after advertisement 
 for bids by publishing notice thereof for at least ten days in one or more daily news- 
 papers published in the county; provided, that, if there be no daily paper published in 
 the county, then by three publications in a weekly paper published therein. Every con- 
 tract shall be let to the lowest responsible bidder, who shall give such security as the 
 harbor commission shall require for the full and faithful performance of said contract, 
 and the amount and kind of security required shall be stated in the advertisement for 
 bids; provided, however, that the board of supervisors may authorize the harbor com- 
 mission to make contracts without advertising for bids for any part of the work the 
 cost of which does not exceed five hundred ($500) dollars; and provided, further, that 
 the harbor commission may reject any and all bids, and re-advertise for bids for doing 
 the whole or any part of said work, or the harbor commission, in its discretion, maj-, 
 with the approval of the board of supervisors, purchase material, hire or purchase 
 machinery, apparatus or appliances and employ labor and do the work or any part 
 thereof without re-advertising for bids.
 
 Act 1877, §§ 8-12 GENERAL LAWS. «aO 
 
 Character of improvements, 
 
 ^ 8. All improvenKiil, development, or protection of any harbor done under this act 
 shall be of a substantial and permanent character. 
 
 Statement of proceedings. 
 
 ^ 9, The harbor commission shall, once in each six months, make out and verify under 
 their oath, and file with the board of supervisors, a detailed statement of their pro- 
 ceedings, showing the amount of money in the harbor fund at the time of their last 
 report and the amount of all donation since received, and the purpose for which said 
 donations were made, the amount since expended, with the purjiose for which it was 
 expended, and the balance remaining on hand in the said fund; provided, that the 
 board of supervisors may at any time require a report of the progress of any work 
 being done and of the condition of the harbor being improved, developed or protected, 
 and such other information as the board of supervisors may deem necessary. 
 
 Compensation of commission. 
 
 § 10. Each member of the harbor commission shall receive a per diem of five dollars 
 for each day actually and necessarily spent in the discharge of his or her duties under 
 this act, together with his or her necessary traveling expenses to be allowed by the 
 board of supervisors upon verified demands presented by each commissioner and paid 
 monthly. Prior to the voting of bonds, in any and all work under this act, the board 
 of supervisors shall have power to incur, permit to accrue, audit, approve and pay any 
 demand, debt or obligation against the county in a sum not to exceed five thousand 
 dollars in the aggregate; provided, that the board of supervisors may, by a four-fifths 
 vote of said board of supervisors, permit the expenditure of an additional five thousand 
 dollars, but said additional five thousand dollars shall be upon a showing of necessity 
 by the harbor commission and not exceeding one thousand dollars shall be appropriated 
 at any one time. 
 
 Money out of general fund. 
 
 All of said money shall be paid out of the general fund of the county until there shall 
 be money in the harbor fund sufficient to reimburse the general fund of the county, 
 when the same shall be reimbursed, and thereafter all sums shall be paid out of the 
 said harbor fund. 
 
 Use of money in conjunction with U. S. or state. 
 
 § 11. Anything in this act to the contrary notwithstanding, there is hereby vested 
 in the board of supervisors the power on recommendation of the harbor commission 
 to use any and all moneys in said harbor fund in conjunction with the government of 
 the United States or the state of California in any harbor improvement, development 
 or protection undertaken by said government or state, or to place all or any moneys 
 in such fund at the disposal of the government of the United States or of the state of 
 California for use in the improvement, development or protection of any such harbor. 
 
 Final report of commission. 
 
 § 12. Whenever the harbor commission under the terms of this act shall cease to 
 exist, it shall make a final report to the board of supervisors and file all books, records 
 and papers appurtenant to the commission and of all work done under it with the 
 board of supervisors, and, if the same shall be approved by the board of supervisors, 
 the harbor commission shall be discharged from their duty and their bonds from that 
 date exonerated. 
 
 I
 
 921 HARBOR COMMISSIONERS. ActB 1878, 1S73, gg 1-4 
 
 PAYMENT OF CLAIM OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 
 ACT 1878 — An act to authorize the hoard of state harhor commissioners of San Fran- 
 cisco harhor to pay the claim of the Fidelity and Deposit Company of Maryland. 
 
 History: Approved May 31, 1917. In effect July 30, 1917. Stats. 
 1917, p. 1514. 
 
 Claim of Fidelity and Deposit Company of Maryland. 
 
 $ 1. The board of state harbor commissioners of San Francisco harbor is hereby 
 authorized to pay the claim of the Fidelity and Deposit Company of Maryland in the 
 sum of one thousand two hundred eighteen dollars and ninety-one cents. 
 
 ACQUISITION OF MISSION ROCK. 
 
 ACT 1879 — An act to authorize the board of state harbor commissioners to acquire by 
 
 purchase, condemnation, gift, grant or cession, certain property in the city and 
 
 county of San Francisco, including Mission rock, and extending the jurisdiction of 
 
 said board over the same, and providing for the payment for the same. 
 
 History: Approved May 17, 1917. In effect July 27, 1917. Stats. 
 1917, p. 625. 
 
 Board of state harbor commissioners authorized to acquire certain property. 
 
 $ 1. For the purpose of acquiring additional area for the eonstruclion of docks, 
 wharves, slips and piers and increasing the harbor facilities on the water front of the 
 city and county of San Francisco, the board of state harbor commissioners is hereby 
 authorized and empowered to acquire, when in its discretion it is deemed for the best 
 interests of the harbor, by purchase, condemnation, gift, grant or cession, for and on 
 behalf of the state of Califoi-nia, all that certain tract or parcel of land situated in the 
 city and county of San Francisco, state of California, and particularly described as 
 follows, to wit : Commencing at a point in the bay of San Francisco, distant three 
 thousand five hundred seventy feet southeasterly from the southerly corner of Bran- 
 nan and Second streets, as the same are laid down on the official map of said city, said 
 distance being measured along the extension southeasterly of the southwesterly line of 
 Second street; thence in a southwesterly direction, at right angles with said line of 
 Second street extended, five hundred feet; thence at right angles southeasterly eight 
 hundred feet; thence at right angles northeasterly eight hundred feet; thence at right 
 angles northwesterly eight hundred feet; and thence at right angles southwesterly three 
 hundred feet, to the point of commencement; said tract of land being a square, including 
 the rock known as Mission rock, together with the wharves and other improvements 
 thereupon and the appurtenances thereunto belonging. 
 
 Jurisdiction extended. 
 
 $ 2. The jurisdiction of said board shall be and it is hereby extended so as to include 
 all of the land described in section one of this act. 
 
 How acquired. 
 
 § 3. The portion of said tract that is held in private ownership may be separately 
 acquired by said board, and the portions that are owned by the United States of 
 America may be separately acquired by said board, and said board is hereby authorized 
 to accept from the United States a cession or gift or grant of said last named portions, 
 if the same can be obtained, or to acquire the same by purchase or condemnation, in 
 its discretion. 
 
 Action for condemnation. 
 
 § 4. The board of state harbor commissioners may institute any action or actions 
 that may be necessary, and prosecute the same to final judgment, for the condemnation
 
 Act 1882, §§ 1-4 GENERAL LAWS. 822 
 
 of any portion, or portions, of the said tract of land, and the purposes herein mentioned 
 are hereby declared to be a public use, in behalf of which the right of eminent domain 
 may be exercised by the board of state harbor commissioners for and in the name of 
 the people of the state of California, for the estates and rights specified in, and in 
 the manner provided in part three, title seven of the Code of Civil Procedure of the 
 state of California. 
 
 Price payable from what funds. 
 
 § 5. The board of state harbor commissioners is hereby authorized to pay the pur- 
 chase price thereof, or any judgment rendered in pursuance hereof in such condemna- 
 tion proceedings, by drafts drawn upon the controller of the state, who shall draw his 
 warrant or warrants therefor on the state treasurer, payable out of any money in the 
 state treasury to the credit of the "San Francisco harbor improvement fund" or of the 
 "Third San Francisco seawall fund," or partly from one and partly from the other of 
 said funds, in the discretion of said board of state harbor commissioners. 
 
 HASTINGS COLLEGE OF LAW. 
 
 See Kerr's Cyc. Political Code, §$1478, et seq. 
 
 CHAPTER 142. 
 HAY. 
 
 CONTENTS OF CHAPTER. 
 ACT 1882. Standard Hay Baling Act. 
 
 STANDARD HAT BALING ACT. 
 
 ACT 1882 — An act relating to baling of hay; defining hay-baler; providing regnlationa 
 
 governing the baling of hay; providing for the sale of hay by net weight; providing 
 
 penalties for any violation of the provisions of this act. 
 
 History: Approved May 18, 1919. In effect July 22, 1919. Stats. 
 1919, p. 750. 
 
 "Baler" and "presser" defined. 
 
 $ 1. The term "baler" or "presser" as referred to in this act shall mean the per- 
 son, firm, association, or corporation owning or having possession of or operating a 
 hay press. 
 
 Scales to be tested and sealed. 
 
 $ 2. Any person baling hay for compensation shall employ scales that have been 
 tested and sealed by the sealer of weights and measures and any record of weight 
 forming the basis in settlement for baling hay shall be the true net weight of the baled 
 hay; and any record of weight forming the basis of settlement in the sale or purchase 
 of baled hay shall be the true net weight of such baled hay. 
 
 Falsely increasing weight. 
 
 $ 3. No baler or presser of hay shall put or conceal in any such bale of hay any- 
 thing whatever for the purpose of increasing the weight of such bale with intent to 
 defraud. 
 
 Standard weight. 
 
 $ 4. Hay when sold, offered, or exposed for sale shall be sold by avoirdupois weight 
 and a ton shall consist of two thousand pounds net weight; providing, however, that 
 hay may be sold by the bale in which case the net weight of the bale shall be indicated 
 on a tag securely fastened to the bale. 
 
 1
 
 023 HIi:RMOSA BE^ACH. Act 1894. g 1 
 
 Broken bales. 
 
 ^ 5. When any hay is shipped by a common carrier in bales and where such bales 
 become broken, the approximate weight of such broken bales shall be included in the 
 total weight of the hay shipped. 
 
 Penalty. 
 
 $ 6. Any person, firm or corporation, violating any of the provisions of this act 
 shall be guilty of a misdemeanor and shall be punished by a line of not less than fifty 
 dollars, or more than one hundred dollars. 
 
 HAYWARD. 
 
 See Act 3094, note. 
 
 HEALDSBURG. 
 
 See Act 3094, note. 
 
 HEALTH. 
 
 See "Public Health. '» 
 
 HEMET. 
 
 See Act 3094, note. 
 
 HERCULES. 
 
 See Act 3094, note. 
 
 CHAPTER 143. 
 
 HERMOSA BEACH. 
 Reference: Incorporation, see Act 3094, note. 
 
 CONTENTS OP CHAPTER. 
 
 ACT 1894. Tide Land Geant. 
 
 TIDE LAND GRANT. 
 
 ACT 1894 — An act granting to the city of Hennosa beach the tidelands and submerged 
 
 lands of the state of California within the boundaries of the said city. 
 
 History: Approved May 25, 1919. In effect July 25, 1919. Stats. 
 1919, p. 941. 
 
 Tidelands granted to Hennosa beach. 
 
 $ 1. There is hereby granted to the city of Hermosa beach, a municipal corporation 
 of the state of California, and to its successors, all the right, title and interest of the 
 state of California, held by said state by virtue of its sovereignty, in and to all the 
 tidelands and submerged lands, whether within the present boundaries of said city, 
 and situated below the line of mean high tide of the Pacific ocean, to be forever held 
 by said city, and by its successors, in trust for the uses and purposes, and upon the 
 express conditions following, to wit: 
 
 Use of lands. 
 
 (a) Said lands shall be used by said city and by its successors, solely for the estab- 
 lishment, improvement and conduct of a harbor and for the establishment and con- 
 struction of bulkheads or breakwaters for the protection of lands within its bound- 
 aries, or for the protection of its harbor, and for the construction, maintenance and 
 operation thereon of wharves, docks, piers, slips, quays, and other utilities, structures 
 and appliances necessary or convenient for the promotion or accommodation of com- 
 merce and navigation, and the protection of the lands within said city, and said city,
 
 Act 1804 GKNKRAI- LAWS. 924 
 
 or its successors, shall not, at any time, giant, convey, give or alien said lands, or any 
 part thereof, to any individual, firm or corporation for any purpose whatsoever; pro- 
 vided, that said city, or its successors, may grant franchises thereon, for a period not 
 exceeding forty years, for wharves and other public uses and purposes, and may lease 
 said lands, or any part thereof for a period not exceeding forty years, for purposes 
 consistent with the trusts upon which said lands are held by the state of California 
 and with the requirements of commerce or navigation at said harbor; 
 
 Improvement of harbor. 
 
 (b) Said harbor shall be improved by said city without expense to the state, and 
 shall always remain a public harbor for all purposes of commerce and navigation, and 
 the state of California, shall have, at all times, the right to use, without charge, all 
 wharves, docks, piers, slips, quays, and other improvements constructed on said lands, 
 or any part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California; 
 
 Bates, tolls, etc. 
 
 (c) In the management, conduct or operation of said harbor, or of any of the utili- 
 ties or appliances mentioned in paragraph (a), no discrimination in rates, tolls, or 
 charges, or in facilities, for any use or service in connection therewith shall ever be 
 made, authorized or permitted by said city or by its successors. The absolute right 
 to fish in the waters of said harbor, with the right of convenient access to said waters 
 over said lands for said purpose, is hereby reserved to the people of the state of 
 CAlifornia. 
 
 CHAPTER 144. 
 
 HIGHWAYS. 
 
 References: See, generally, Kerr's Cyc. Political Code, tit. VI, chap. II, articles I to IX, 
 
 §§ 2618, et seq. 
 Also, see tits. "Motor Vehicles"; "Streets." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1900. "Good Roads Law" of 1907. 
 
 1900a. County Joint Highway Districts. 
 
 1900b. County Joint Highways — National Military Highways— State Co-operation. 
 
 1900e. National Rural Post Roads — State Co-opebation. 
 
 1902. Boulevard District Act of 1911. 
 
 1903. Highway Protection Act op 1915. 
 
 1910. Road District Improvement Act of 1907. 
 
 1910a. Work on State Highways by Local Authorities. 
 
 1911. Highway Lighting Districts. 
 
 1911a. Lighting District Validation Act of 1915. 
 
 1912. Shade and Ornamental Tree Act of 1913. 
 
 1913. County Highway Maintenance Act of 1911. 
 
 1914. Payment by Counties of Interest on State Highway Bonds. 
 
 1915. Right of "Way for Highways and Roads Over Pubuc Lands. 
 
 1916. State Highways Act. 
 1916a. State Highways Act of 1915. 
 1916b. Special Election on Highway Amendment to Constitution. 
 
 1917. Acquisition of Rights of Way and Rock Quarries by Counties. 
 1917a. Openings and Obstructions in State Highways. 
 1917b. Abandonment Act of 1915. 
 1917c. Convict Labor on State Highavays. 
 1917d. Road Division Validation Act of 1917. 
 
 1918. State Aid Highways in Counties and Towns. 
 
 1919. Purchase of "Big Oak Flat" and "Yosemite and Wawona" Boads. 
 
 1920. Lake Tahoe Wagon Road. 
 1920a. Bridge on Lake Tahoe Wagon Road,
 
 i 
 
 925 HIGHWAYS. Act 1900. 9 i 
 
 1920b. Placeeville and Lake Tahoe Wagon Eoad. 
 
 1921. State Highway From Meyers' Station to McKinneys. 
 
 1922. Alpine State Highway. 
 
 1923. State Highway From Emigrant Gap to Donner Lake — Construction. 
 
 1924. State Highway From Emigrant Gap to Conner Lake — Maintenance. 
 
 1925. Emigrant Gap Stai'e Road — Change of Grade. 
 
 1926. Lassen County State Highway. 
 
 1927. Alturas to Cedarville County Eoad. 
 
 1928. State Highway From Sacramento to Folsom. 
 
 1929. State Highway From Mount Pleasant Ranch to Downieville. 
 
 1930. Declaring Part of Sonora and Mono Wagon Road a State Highway. 
 
 1931. Sonora and Mono State Highway. 
 
 1932. Trinity-Humboldt State Highway. 
 
 1933. Free Wagon Road From Mono Lake Basin to the "Tioga Road." 
 
 1934. Mono Lake Basin State Road — Extension op. 
 
 1935. Trinity-Tehama-Shasta-Humboldt State Highway. 
 
 1936. Trinity-Tehama-Shasta-Humboldt State Highway — Completion. 
 
 1937. Trinity-Tehama-Shasta-Humboldt State Highway — Survey of Extension. 
 
 1939. Kings River State Highway. 
 
 1940. Bakersfield, Maricopa and Ventura State Highway. 
 
 1941. Wagon Road From McKinneys to Donner Lake Declared a State Highway. 
 1941a. Purchase of Portion of Great Sierra Wagon Road, oa "Tioga Road." 
 
 1942. Big Oak Flat and Yosemite Road, a State Highway. 
 1942a. "Yolo and Lake Highway." 
 
 1943. Tahoe City and Crystal Bay State Highway. 
 1943a. State Highway From Kern County to Nordhofp. 
 1943b. Highway From . Surprise Valley to the Nevada Line. 
 1943c; Highway From Pescadero to California Redwood Park. 
 1943d. Pasadena State Highway. 
 
 1943e. State Highway From Saratoga Gap to California Redwood Park. 
 
 1944. State Highway From San Bernardino to Redlands. 
 
 1944a. Taking Over Road in Boulder Creek Township, Santa Cruz County. 
 1944b. Highway Between Susanville and the Nevada Line. 
 
 1945. Highway From Truckee to the Nevada Line. 
 1945a. Highway From Butte County Highway to Willows. 
 
 1945b. Declaring the Public Highway From Long Barn to Sonora a Public State 
 Highway. 
 
 1946. Report on Road Laws. 
 
 "GOOD ROADS LAW" OF 1007. 
 ACT 1900— An act providing for the laying out, constructing, straightening, improve- 
 ment and repair of main public highways in any county, providing for the voting, 
 issuing, and selling of county bonds and the acceptance of donations to pay for such 
 work and improvements, providing for a highway commission to have charge of such 
 work and improvements, and authorizing cities and towns to improve the portions 
 of such highways within their corporate limits and to issue and sell bonds therefor. 
 
 History: Approved March 19, 1907, Stats. 1907, p. 666. Amended 
 March 6, 1909, Stats. 1909, p. 154; March 28, 1911, Stats. 1911, p. 505; 
 April 3, 1911, Stats. 1911, p. 589; December 24, 1911, Stats. 1911 (ex. 
 sess.), p. 65; May 26, 1913.. In effect August 10, 1913, Stats, 1913, 
 p. 327; April 20, 1917. In effect July 27, 1917. Stats. 1917, p. 154. 
 
 Bonds for county highways, appointment of commission. 
 
 § 1. The board of suioervisors of any county in the state, upon receiving a petition 
 signed by freeholders electors of the county equal in number to at least ten per cent 
 of the vote cast for governor in said county at the last election, praying that the matter 
 of issuing bonds of the county for highway purposes be submitted to the electors of the 
 county, may appoint a highway commission for such county, who shall perform the 
 duties hereinafter specified.
 
 Act 1900, §§ 2-5 CENEHAL, LAWS. 
 
 County highway commission, how constituted, and terms of memhers. 
 
 $ 2. Said highway commission shall consist of three members, who shall be, and have 
 been for two years, bona fide residents and freeholders of such county, and shall be 
 especially qualified to have charge of the improvement of highways. Said commis- 
 sioners shall be appointed to serve for the term of two years and until their successors 
 are appointed and qualified, and any vacancy in the commission shall be filled by ap- 
 pointment for the unexpired term ; provided, however, that when the proposition for the 
 issuance of bonds fails to carry at the election held under section seven of this act, or 
 when all the highway improvements for which bonds are voted under said section seven 
 are completed, or, if there is a surplus in the highway improvement fund after comple- 
 tion thereof, when said surplus has been expended on other highways, the existence of 
 said highway commission shall cease. Thereafter another commission may be appointed 
 under section one hereof. Each commissioner shall give a bond for the faithful per- 
 formance of his duties, to be approved by the board of supervisors, in such amount as 
 said board may require. No member of the board of supervisors can act or be appointed 
 as a commissioner under this act. [Amendment approved Dec. 24, 1911, Stats. 1911, 
 p. 65 (extra session).] 
 
 This section was also amended March 27, 1911, Stats. 1911, p. 505. 
 
 Main highway defined. 
 
 § 3. For the purpose of this act a main public highway is defined to be a highway 
 connecting different cities and towns in the same or different counties, or connecting 
 any city or town in one county with the public highway system of another county. Pro- 
 vision may be made under this act for the improvement of any number of such high- 
 ways jointly, to be paid for with the proceeds of one bond issue. 
 
 Duty of commissioners. New highways. 
 
 § 4. Iramediatel}'^ upon their appointment said commission shall proceed with all dili- 
 gence to investigate carefully the main public highways of the county and the condition 
 thereof, and to have made a map showing said main public highways, their connections, 
 and such other information in regard thereto as the commission may deem necessary 
 for carrying out the purposes of this act, and to ascertain which of said main public 
 highway's should be improved by the issuance of bonds, and the kind of improvements to 
 be made thereon, and to estimate the cost of such improvements. And also to investi- 
 gate carefully the question of laying out and constructing any new public highways 
 which said commission may deem necessary to be laid out and constructed in the county, 
 and to have made a map showing said proposed new public highways, their connections, 
 and such other information in regard thereto as the commission may deem necessary 
 for carrying out the purposes of this act, and to ascertain whether any of said new 
 public highways should be laid out and constructed by the issuance of bonds, and the 
 kind of improvements to be made thereon, and to estimate the cost of such improve- 
 ments. [Amendment api^roved March 6, 1909. Stats. 1909, p. 154. In effect imme- 
 diately.] 
 
 Employment of engineer. 
 
 § 5. With the consent of the board of supervisors they may employ a competent engi- 
 neer or engineers and other experts, at the cost of the county, to make any necessarj 
 surveys and prepare said map, and to assist the commission in determining the best 
 material to be used and the best manner of making such improvements and the cost 
 thereof. All surveys made for the purpose of deteinnining the location of highways 
 shall be approved by the county surveyor before the same as [are] adopted by the 
 commission. 
 
 I
 
 927 HIGHWAYS. Act 1900, §g 6-9 
 
 Report of 'board of supervisors. 
 
 $ 6. After having ascertained what improvements should be made, and the estimated 
 cost thereof proposed to be covered by a bond issue, the commission shall make and file 
 with the board of supervisors a report setting forth the main public highway or high- 
 ways proposed to be improved, by their termini, describing generally the kind of 
 improvements to be made thereon, and stating the estimated cost of the work to be 
 done, and the amount to be raised by bonds therefor, and praying the said board of 
 supervisors to call an election for the issuance of bonds of the county therefor, for the 
 estimated amount. 
 
 Election to determine whether honds shall he issued. 
 
 $ 7. If said report is not approved by the board of supervisors they may refer it back 
 to said commmission for further consideration. If the board approve the report they 
 shall adopt the same, and shall without delay call an election to determine whether 
 bonds of the county shall be issued in the amount recommended by the commission, for 
 the purposes stated in their report. Said election shall be called and held and said 
 bonds issued, sold and paid under and in accordance with all the provisions of law now 
 or hereafter existing in regard to the issuance, sale and payment of county bonds, and 
 all proceedings had in regard to such bonds shall be in accordance with such provisions 
 of law; provided however, that the board may form bond election precincts by consoli- 
 dating the precincts established for general election purposes to a number not exceeding 
 six for each bond election precinct, and shall appoint only one inspector, two judges 
 and one clerk for each bond election precinct, and provided further, that it shall be 
 sufficient to set forth the purpose of the bond issue in said proceedings by describing 
 the highways to be improved as the same are described in said report of the highway 
 commission. Any defect or irregularity in the proceedings prior to the calling of such 
 election shall not affect the validity of the bonds. 
 
 Sale of bonds. Surplus of funds. Donations. 
 
 $ 8. Said bonds shall not be sold for less than par, and the proceeds thereof shall 
 be paid into the treasury of the county and placed in a special fund to be denominated 
 the "highway improvement fund"; and shall be used solely for the purposes set forth 
 in said report of the highway commission, or such other purposes as are authorized by 
 this act; provided that if there shall be any surplus of funds voted for the improvement 
 of any road or roads after the completion thereof, such surplus may be used for the 
 improvement of other main public highways, under the control and direction of the 
 highway commission. The highway commission may receive and accept donations from 
 any person for any work which they are authoinzed to have done, and the same shall 
 also be paid into the said fund. No moneys shall be paid out of said fund except upon 
 the warrant of the auditor of said county issued upon the order of the highway com- 
 mission, duly allowed by the board of supervisors thereof. 
 
 Supervision of work. Plans and profiles. Contracts for. 
 
 § 9. The doing of the work for which said bonds are issued shall be under the super- 
 vision and direction of the highway commission; provided, that the final acceptance 
 thereof shall be by the board of supervisors. As soon as the funds raised by the sale 
 of said bonds are in the treasury the commission shall proceed to prepare detailed 
 specifications, plans and profiles for the work to be done, or for such parts of it as they 
 deem it advisable to have done separately, if they have not already done so, and for this 
 purpose they may hire assistants, with the consent of the board of supervisors; and 
 they shall then present said specifications, plans and profiles, with their recommenda- 
 tions in regard to the doing of the work and letting of contracts to the board of super- 
 visors, who shall either adopt or reject the same as presented- If the board adopt the
 
 Act 1000, § 10 GENERAL LAWS. 928 
 
 same they shall thereupon advertise for bids for doing the said work, or any part 
 thereof which the highway commission recommend should be done separately, in ac- 
 cordance with said plans, profiles, and specifications, by publishing a notice for ten days 
 in a daily newspaper or two weeks in a weekly newspaper published at the county seat. 
 Every contract for doing any part of said work shall be let, after advertisement as 
 above provided, to the lowest responsible bidder who will give security for the faithful 
 performance of his contract, with sureties satisfactory to the board of supervisors, in 
 such amount as they may fix, which shall be stated in said advertisement; provided, 
 however, that the board may authorize the highway commission to make contracts, with- 
 out advertisement, for any part of said work the cost of which does not exceed one 
 thousand dollars; and provided, further that the board may reject all bids and may 
 thereupon readvertise for bids for doing any part or the whole of said work, or in their 
 discretion authorize the highway commission to purchase the necessary material, pur- 
 chase or hire tools and appliances, and hire laborers, and to do the work or any part 
 thereof without letting any contract therefor. In such case all contracts for materials, 
 tools or appliances, amounting to more than one thousand dollars in value shall be let 
 by the commission to the lowest responsible bidder, after advertisement as above pro- 
 vided. Said commission may, with the consent of the board of supervisors, hire all 
 necessary engineers, inspectors and superintendents to supervise the performance of 
 said contract, or to have charge of the doing of said work without contract. 
 
 Improvements must be durable. Highway shall not be used by railroad. Use of high- 
 way by railroad in incorporated city. 
 
 § 10. All improvements constructed under this act shall be of a durable and lasting 
 character; provided, that said commission shall have the power to determine how said 
 highways shall be improved and constructed, and the character of the materials to be 
 used in the improvement and construction thereof. If said commission shall determine 
 that said highways, or any of them, shall be macadamized or paved, then the macad- 
 amized or paved portion of the roadbed constructed or any highway portion thereof 
 improved under this act, shall not exceed eighteen feet in width, unless donations are 
 made to the highway commission for that purpose, in which case such donations may 
 be used to defray the increased cost of constructing such macadamized or paved road- 
 bed more than eighteen feet wide on any part of such highway specified by the donors; 
 but no part of the proceeds of any bond issue shall be expended for such purpose. No 
 railroad, electric road, or street railroad shall be constructed along or upon any high- 
 way, or any portion thereof, improved under the provision of this act, except for cross- 
 ings duly authorized by the board of supervisors, nor shall any board of supein^isors 
 have power to grant any franchise for the construction of any railroad, electric road, or 
 street railroad along or upon any such highway or portion thereof, except for cross- 
 ings; provided, that when any such highway or portion thereof shall, after the improve- 
 ment of the same under the provisions of this act, be included within the boundaries of 
 any incorporated city, city and county or town the foregoing provisions of this section 
 shall not prohibit the granting of any such franchise by the proper municipal authori- 
 ties along, upon or across any such highway, or portion thereof so included within the 
 boundaries of any such incorporated city, city and county, or town. Any such fran- 
 chise shall be granted only upon the express condition that the grantee thereof will 
 pay to the county for the benefit of the general fund thereof an amount equal to the 
 cost of the improvement or construction of such portion of the roadbed or highway 
 constructed or improved under the provisions of this act as shall be occui^ied by the 
 track or tracks of such railroad, electric road or street railroad. [Amendment of April 
 20, 1917. In effect July 27, 1917. Stats. 1917, p. 154.] 
 
 This section was also amended in 1909, atata. 1909, p. 155; in 1911, Stats. 1911, p. 589; 
 May 2G, 1913, Stats. 1913, p. 327. 
 
 I 
 
 i
 
 929 HIGHWAYS. Act 1900, §§ 11-16 
 
 Eminent domain. 
 
 § 11. Whenever the said highway commission shall deem it necessarj'-, the board of 
 supervisors may, on its recommendation, cause any highway it pro^DOses to improve to 
 be widened, straightened, or altered, and cause new highways to be laid out and con- 
 structed, and for that purpose they may acquire land in the name of the county by 
 donation or purchase; and may order the condemnation of such land and direct the 
 district attorney to bring an action in the name of the county for that purpose under 
 the provisions of the Code of Civil Procedure in relation to eminent domain. In such 
 action the order of the board of supervisors shall be conclusive evidence of the regu- 
 larity of all prior proceedings. The cost of purchasing or condemning such land shall 
 be paid out of the highway improvement fund. [Amendment approved March 6, 1909. 
 Stats. 1909, p. 155. In effect immediately.] 
 
 Incorporated city may improve portion of highway. 
 
 $ 12. No part of any highway lying within the corporate limits of any incorporated 
 city or town shall be improved under the provisions of this act; but, when any highway 
 which is being so improved shall pass through any incorporated city or town, said city 
 or town is hereby authorized to improve the portion of such highway lying within its 
 corporate limits, and for the purpose of raising the necessary funds therefor, to issue 
 bonds in such manner as may be provided by law for the issuing of bonds by such city 
 or town for public improvements. 
 
 Repairs. 
 
 $ 13. All necessary repairs to any highway improved under this act shall be made 
 by the same officers who may be charged with the duty of repairing other highways of 
 the county, and the cost of such repairs shall be paid out of the general fund of the 
 
 county. 
 
 Highway commission to file statement, when. 
 
 § 14. Said highway commission shall, at least once in every six months, make and 
 tile with the board of supervisors a detailed statement of their proceedings, showing 
 the amount of money in the highway improvement fund at the time of their last state- 
 ment, the amount of all donations since received, and the purposes for which said dona- 
 tions were made, the amount since expended, with the purposes for which it was 
 expended and the balance remaining, the contracts entered into or other obligations 
 incurred by them and still outstanding, the highways in course of improvement or com- 
 pleted since their last statement, and the condition of the work on each, together with 
 any other information that they may consider of interest to the public. 
 
 Per diem of commissioners. From what fund paid. 
 
 § 15. Each member of said highway commission shall receive a per diem of five 
 dollars for each day actually and necessarily spent in the discharge of his duties, 
 together with his actual necessary traveling expenses, to be allowed by the board of 
 supervisors and paid monthly. Said per diem and expenses and all other demands 
 against the county which said highway commission are authorized to incur shall be 
 paid out of the general fund of the county until there shall be money in the highway 
 improvement fund derived from the sale of bonds, whereupon the general fund shall be 
 reimbursed from the highway improvement fund for the amounts so expended, and 
 thereafter said per diem and expenses and other demands shall be paid out of said 
 highway improvement fund; provided however, that after the preparation and filing of 
 their report and recommendation for the issuance of bonds the members of said highway 
 commission shall not receive any per diem or expenses unless there is money in said 
 highway improvement fund to pay the same. 
 
 § 16. This act shall take effect immediately. 
 
 Gen. Laws — 59
 
 Act 190Oa, 8§ 1-B GENERAL LAWS. MO 
 
 JOINT HIGmVAY DISTRICTS. 
 
 ACT 1900a — An act providing for the creation, organization and government of joint 
 
 highway districts composed of two or more counties of the state of California. 
 
 History: Approved April 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 46. Act of April 6, 1917, Stats. 1917, p. 88, providing for per- 
 mits for the construction and maintenance of highways and boulevards 
 connecting with its highways and boulevards by one county in adjoin- 
 ing counties, was repealed May 5, 1919, Stats. 1919, p. 323. 
 
 Joint highway district may be created. 
 
 ^ 1. A joint highway district, to be composed of two or more counties may be 
 created, organized and governed for the purpose of constructing public highways 
 therein as in this act provided. The word "county" as used in this act shall include 
 any "city and county," but such city and county is herein regarded solely as a political 
 .subdivision of the state, and not as a municipality. 
 
 Resolution initiating proceedings. 
 
 § 2. The board of supervisors of any county may initiate proceedings for the crea- 
 tion of a joint highway district to be composed of two or more counties of the state by 
 the adoption of a resolution reciting: 
 
 (a) That the public interest requires the construction of a public highway, stating 
 generally the location and course thereof, and naming the counties in or through which 
 such highway will pass. 
 
 (b) The names of the counties interested in and which will be benefited by such 
 highway construction. 
 
 (c) That it is proposed to create a joint highway district composed of the counties 
 so named. 
 
 When adopted, certified copies of the same shall be transmitted to the advisory board 
 of the state engineering department of the state of California, a'nd to the clerks of the 
 boards of supervisors of the counties named in the resolution. 
 
 § 3. Immediately upon receipt of a copy of the resolution adopted as aforesaid, the 
 said advisory board, either at a regxilar or special meeting, shall fix a time and place 
 in the county adopting the resolution at which the matter of the creation of a joint 
 highway district will be heard and determined. Notice of such hearing shall be pub- 
 lished five days in one daily newspaper published in each of the counties named in said 
 resolution, or two times in a newspaper published less than six days a week or if no 
 newspaper be published in any county then such notice shall be posted in three public 
 places in such county for a period of ten days. The time fixed for such hearing shall 
 be not less than thirty nor more than forty days from the date of meeting at which the 
 said advisory board caused such notice to be given. 
 
 Proof of publication. 
 
 $ 4. Proof of the publication shall be made by the affidavit of the publisher, man- 
 ager or principal clerk of the newspaper making such publication, or person posting the 
 notice, and such notice, the publication, or posting thereof and proof thereof shall be 
 sufficient to vest said advisory board of the state engineering department with jurisdic-: 
 tion and power to hear, determine and order the creation of the proposed joint high-; 
 way district. A copy of such notice shall be mailed to the clerk of the board of j 
 supervisors of each of the counties named in the initiatory resolution. 
 
 Board of directors named. 
 
 § 5. Upon the receipt of sxich notice it shall be the duty of each of the board? of 
 supervisors to name and appoint either one of its members or some other suitable person
 
 931 HIGHAVAYS. Act 1900a, §§ 6-10 
 
 and each of the persons so appointed shall constitute a member of the board of direc- 
 tors of the joint highway district when created. It shall be the duty of each of the 
 persons so appointed to attend the hearing fixed by the said advisory board. The said 
 directors so appointed, may meet from time to time in advance of the time fixed for said 
 hearing and may make and enter into an agreement limiting the amount to be assessed 
 upon each of the counties to comprise the district when formed, and such limitation so 
 agreed upon shall not thereafter be changed except by the unanimous vote of all the 
 directors. 
 
 Objections to creating district. 
 
 5 6. At the time and place fixed for said hearing any person may appear and offer 
 objections to the creation of the joii*t highway district, and the said advisory board 
 shall hear such objections and may continue such hearing from time to time and all 
 parties shall be deemed to have notice of any such continuance. 
 
 Order creating district. 
 
 § 7. At the conclusion of such hearing the said advisory board shall determine all 
 matters relating to the creation of such joint highway district and may sustain or over- 
 rule any objection offered. The objections offered need not be specifically set forth, 
 but may be sustained or overruled in general terms. An objection made by any person 
 appointed a member of the proposed board of directors shall prevent the creation of 
 the district. If no objections are made or if all objections shall be overruled, then the 
 said advisory board shall make and enter in its minutes an order creating such joint 
 highway district. The order shall contain the names of the several counties composing 
 the district and the names of the persons constituting its board of directors. Districts 
 shall be numbered in the order of their creation. A certified copy of such order shall 
 be filed with the secretary of state and transmitted to the clerks of the several boards 
 of supervisors of the counties composing the district. Upon the filing of the said order 
 with the secretary of state said joint highway district shall be deemed created and 
 organized, and shall exercise all of the powers granted by this act, and shall be a public 
 
 corporation under the designation of "joint highway district No of the state of 
 
 California. ' ' 
 
 Purpose of districts. 
 
 § 8. The purpose for which the joint districts may be created is to provide the 
 necessary authority and means to construct and maintain the highway described in the 
 initiatory resolution in and through the several counties constituting the district; such 
 highway to be continuous and afford adequate intercommunication for vehicular traffic. 
 This act shall be so construed as to facilitate the accomplishment of this purpose. 
 
 Board of directors to manage district. 
 
 $ 9. Said joint highway districts shall be managed, and the powers herein conferred 
 thereon, shall be exercised by a board of directors. Said directors shall be chosen and 
 appointed as follows: One by the board of supervisors of each of the counties com- 
 posing said district either from its members or other suitable person. Said directors 
 shall serve during the pleasure of the appointing power. They shall receive no com- 
 pensation for their services, but may be allowed actual expenses incurred by them in 
 connection with the discharge of their duties under this act. 
 
 Place of business. Secretary. President. Vice president. 
 
 § 10. Said board shall fix a place within the district for the transaction of its busi- 
 ness, but may hold its meetings from time to time in any place in said district that 
 will best serve the convenience of the public. A majority of the members shall be 
 necessary to constitute a quorum for the transaction of business. It may make all rules
 
 Act 1900a, §§ 11-13 GENERAL. LAWS. »32 
 
 necessary to the orderly transaction of such business. It shall appoint a secretary; 
 may employ such additional clerical, or legal or engineering service as may be required 
 from time to time and fix the compensation to be paid therefor. Said board shall 
 organize within thirty days from the date of the creation of the district and the time 
 and place of meeting for pui^poses of organization shall be fixed by the director chosen 
 by the supervisors of the county adopting the initiatory resolution. It shall choose one 
 of its members as president of the board, who shall preside at its meetings. A vice 
 president shall be appointed who shall act in the absence or disability of the president. 
 The president shall perform such duties as the board may designate. 
 
 Powers. Construct highways. Accept gifts, etc. Acquire lands. Eminent domain. 
 Personal property. Labor. Keep funds. Sue.' Seal. 
 
 $ 11. Said joint highwaj' district through its board of directors shall have power — 
 
 To lay out, construct and maintain a highway as specified in section three of this act. 
 
 To accept in the name of the district all gifts, donations or contributions from any 
 source whatsoever made to further the purpose of this act, and the counties composing 
 the district may convey such public highways as may be utilized as a part of the high- 
 way herein authorized to be constructed. 
 
 To acquire necessary lands, or rights of way for purposes of such highway. 
 
 To exercise the right of eminent domain necessary to acquire lands or rights of way 
 for highway purposes. 
 
 To acquire and use such personal property as may be necessary in the exercise of the 
 powers herein granted. 
 
 To employ such labor and service as may be necessary. 
 
 To ari'ange for the safe keeping of all funds belonging to the district and to this end 
 may appoint a treasurer or depositary, and exact from him such bonds or other security 
 as may be proper. 
 
 To sue and be sued. 
 
 To adopt a seal. 
 
 Contingent fund. 
 
 $ 12. For the purpose of providing a contingent fund for the district and to meet 
 the incidental expenses thereof, the boards of supervisors of the several counties com- 
 prising the district are hereby authorized and directed to appropriate from any money 
 received by such counties under the provisions of the "vehicle act," in effect Jan- 
 uary 1, 1916, or any act in continuance thereof or supplemental thereto, such percentage 
 thereof as may be determined by the board of directors of the joint district by a reso- 
 lution adopted by a vote of all of its members. Such sums so appropriated shall bo 
 paid by a warrant drawn in the name of the joint highway district, and shall be 
 deposited with the treasurer or depositary of the district. 
 
 Survey of highway. Report by engineer. 
 
 § 13. As soon as practicable after the organization of the board of directors of the 
 district, said board shall cause to be surveyed and located the highway authorized by 
 this act to be constructed or such portion thereof as may be deemed expedient, and foi. 
 that purpose may employ an engineer and necessary assistants. Upon the completion 
 of such survey the engineer shall file a report thereof with the board of directors 
 together with all necessary maps, drawings and plans of construction, other tha;: 
 detailed drawings and specifications, also an estimate covering the cost of the comple- 
 tion of said highway, including rights of way therefor and interest to be paid during 
 construction.
 
 9S3 HIGHWAYS. Act 1900a, §§ 14-18 
 
 Hearing on report 
 
 $ 14. Upon filing said report the board of directors shall fix a time and place for 
 considering the same. The hearing thereon may be continued from time to time or from 
 place to place in the different counties, if so desired. 
 
 Assessment covering estimated cost. 
 
 Upon such hearing being had said board of directors shall make an assessment cover- 
 ing such estimated cost, upon the state of California, and the several counties comprising 
 the district according to the benefits that may result from the construction of such 
 highway to said state and counties and the people residing therein, or may assess not 
 to exceed one-fourth of such estimated cost upon such land in private ownership as may 
 be benefited thereby in the manner provided by this act. 
 
 Order determining benefits. 
 
 § 15. Upon the conclusion of such hearing such board of directors shall make an 
 order determining the amount of the benefits to accrue to the state and to each county 
 comprising the district and to the people residing therein and shall make an assessment 
 against the state and said counties in proportion to the benefits so to accrue, in a sum 
 equal to said estimated cost, or as much thereof as may be necessary, but said estimated 
 cost if deemed excessive may be reduced to such an amount as the board of directors 
 shall seem proper. The amount of such assessment shall be certified to and trans- 
 mitted to the state board of control and to the boards of supervisors of the counties 
 constituting the district. 
 
 Appeal to advisory board. 
 
 $ 1(1. In case the state board of control or the board of supervisors deem that the 
 assessment imposed upon the state or such county be excessive or that it has been 
 inequitably treated, the state board of control or such board of supervisors, within 
 forty days from the receipt of the certificate referred to in the preceding section, may 
 appeal from the order of the board of directors of the district to the advisory board 
 of the state engineering department. Such appeal shall be in writing and set forth, 
 the nature of the objection and a copy thereof shall be filed with the board of directors 
 of the district, with the advisory board of the state engineering department and with 
 the boards of supervisors of the counties constituting the district. 
 
 Hearing. Judgment. 
 
 $ 17. Upon filing such appeal, the said advisory board shall have jurisdiction to hear 
 and determine the same. It may take testimony and hear all parties interested. It 
 may change or modify any of the plans of the engineer, and may reduce the estimate of 
 cost or change or modify any assessment or make a new assessment. Its judgment shall 
 be final and conclusive, and a copy thereof shall be filed with the state board of control 
 and with the boards of supervisors of the counties composing the district. 
 
 Assessment charge on state and counties. Installments. Time for payment of first 
 
 installment. 
 
 $ 18. The amount of the assessment imposed by the board of directors of the district, 
 or by the said advisory board, shall be a charge, respectively, upon the state and the 
 counties composing the district to the amount determined as hei'ein provided, and shall 
 be payable in five annual installments; provided, that should any installment exceed a 
 sum equal to that which could be raised by a tax of five cents upon each one hundred 
 dollars of assessed valuation as the same appears upon the assessment roll of a county,, 
 then in the case of such county the number of annual installments may be increased 
 to such a number that the amount of each installment will be less than that which 
 would result from the levy of such tax. The first installment shall be payable on or
 
 Act 1900a, §§ 10-21 GENERAL. LAWS. 034 
 
 before the first day of January following the filing of the assessment with the state 
 board of control and boards of supervisors; provided, said assessment shall have been 
 so filed prior to the first day of September preceding; otherwise it shall be payable on 
 the first day of the second January succeeding such filing. The remaining installment 
 shall be payable on the same day in each succeeding year. 
 
 Payment of installments. 
 
 § 19. On or before the time fixed by law for levying taxes for county purposes, the 
 boards of supervisors of each county composing the district shall make provision for 
 the payment of the amount of the installment of the assessment, either by the payment 
 of the same from the moneys received from the state as herein stated or from a tax 
 levied for that purpose, which tax shall be in addition to all taxes levied for county 
 purposes. The amount assessed against the state in the discretion of the state board of 
 control may be paid in one installment and from any fund now available, or which may 
 hereafter be made available for the purpose, or out of special appropriations for the 
 purpose made by the legislature. Moneys shall be paid by the state treasurer upon 
 warrants duly drawn by the controller of the state, upon demands made by the state 
 engineering department and audited by the state board of controL 
 
 "Construction fund." 
 
 § 20. All moneys received by the joint highway district, unless otherwise provided 
 herein, shall be kept in a fund to be named "construction fund" and shall be paid out 
 upon the order of the board of directors only for the construction of the highway 
 herein provided. 
 
 "Revenue bonds." Maturity. 
 
 $ 21. At any time after the assessment, either against the state, the several counties 
 or the land within an assessment district has been made, the board of directors of the 
 district may anticipate the payment thereof and may issue "revenue bonds" against the 
 fund into which shall be paid all sums paid on account of the assessments imposed. 
 The maturity of any bonds issued shall be subsequent to the date upon which any 
 installment of assessment is due and the amount to become due shall not exceed the 
 amount of such installment of assessment available to pay the same. The intent of 
 the foregoing provision is that there shall be available for the payment of the principal 
 and interest of all bonds issued a sum sufficient to pay the same at the time such interest 
 and principal become due, and it shall be the duty of the board of directors to make 
 provision for the payment of all bonds issued and interest thereon prior to their sale 
 and delivery. 
 
 Board of directors determine form, etc. Interest rate. 
 
 The bonds shall be issued at such times and in such amounts as may be required to 
 meet the payment of the demands of the district, as may be determined by the board 
 of directors. The form, denomination, rate of interest, time, place and manner of 
 paj-ment and all matters relating to such issuance shall be determined by the board of 
 directors of the district; provided, that the rate of interest shall not exceed five per 
 centum per annum. 
 
 Purchase by state board of control. 
 
 The bonds so issued shall be sold in such amounts as the board of directors may 
 determine. The state board of control is hereby authorized to purchase such bonds and 
 pay for them out of any sui-plus money in the state treasury which, in its judgment, 
 shall not be required for governmental purposes prior to the maturity of such bonds 
 The boards of supervisors of the several counties shall likewise have authority to pur- 
 chase such bonds with any surplus funds under their control.
 
 935 HIGHWAYS. Act 1900a, §8 23, 23 
 
 Highway assessment district. 
 
 $ 22. Whenever it shall appear to the satisfaction of the board of directors that 
 any land under private ownership will be benefited by the coustruction of the highway 
 herein provided for, said board of directors, after the receipt of the report and esti- 
 mates of costs herein required to be made and filed, may adopt a resolution of intention 
 substantially in the following form; 
 
 Resolution of intention. 
 
 RESOLUTION OF INTENTION. 
 
 Whereas, It appears to the satisfaction of the board of directors of joint highway 
 
 district number of the state of California, that land under private ownership 
 
 will be benefited by the construction of a highway provided for in an act entitled: 
 "An act providing for the creation, organization and government of joint highway 
 districts composed of two or more counties of the state of California," therefore be it 
 
 Resolved, That it is the intention of the board of directors of said joint highway 
 district to create a highway assessment district to comprise all the land under private 
 ownership within the following boundaries to wit: (Here set forth the boundaries of 
 the proposed district). 
 
 Further resolved, That it is the intention to assess the sum of $ , being a 
 
 part of the estimated cost of said highway construction as appears upon the report of 
 the district engineer filed in the office of the board of directors of said district, upon 
 the land within the boundaries of said proposed district as herein described in the 
 manner provided in said act. 
 
 Further resolved, That the. . . .day of 19. . . .at the hour of 
 
 at (meeting place of the board of directors) is hereby fixed as the time and place for 
 hearing all objections that may be made to the creation of said district or the amount 
 of beaefits to be assessed as aforesaid; also to hear and determine all claims for damages 
 that may result from the construction of the highway aforesaid. 
 
 Reference to the aforesaid report of the district engineer for further particulars is 
 here made. 
 
 Adopted by the board of directors of joint highway district number.... of the state 
 of California, this day of 19 ... . 
 
 Attest V Directors. 
 
 Secretary, 
 Time for hearing. 
 
 The time of hearing shall be not less than thirty nor more than forty days from the 
 date of the adoption of the above resolution. 
 
 Notice of resolution. Proof of publication. 
 
 § 23. The board of directors shall cause a notice of the passage of such resolution 
 including a copy of the same to be published five times in a daily newspaper of general 
 circulation published in each of the counties composing the district or two times in a 
 newspaper published less than six days a week, or if no newspaper be published in any 
 county then such notice shall be posted in three public places in such county for a 
 period of ten days. The first publication in each of said counties shall be within five 
 days after the adoption of said resolution of intention. Such notice shall be headed 
 by the words "notice of intention to create highway assessment district." Proof of 
 the publication of such notice shall be made by affidavit filed in the office of the secre- 
 tary of the board of directors and such publication and proof shall be held sufficient 
 to vest jurisdiction in the board of directors to hear and determine all matters author- 
 ized by this act to be so heard at the time and place of hearing fixed by the said reso- 
 lution of intention.
 
 Act 19003, §§21-27 GEN E^RAL LAWS. 036 
 
 Posting of notices. 
 
 The board of directors shall also cause to be conspicuously posted within fifty feet of 
 all points where the highway proposed to be constructed shall intersect existing public 
 highways two copies of the notice herein required to be published. Said notice shall 
 be headed as herein specified and the words of said heading shall be in type at least two 
 inches in height and the body of said notice shall be set in what is known as twelve- 
 point or pica type. Said notices shall be posted within ten days from the date of the 
 adoption of the resolution of intention. 
 
 District engineer to prepare map. 
 
 ^ 24. The district engineer shall be directed to prepare a map showing the exterior 
 boundaries of the proposed district, the line of the proposed highway, intersecting high- 
 ways, boundary lines of the counties, (he separate parcels of land within the district 
 and names of the owners thereof as nearly as the same may be ascertained from the 
 records of the assessor's office in the several counties. Said map shall be completed 
 before the date set for the hearing. 
 
 Objections. 
 
 $ 25. Any person who may be affected by the creation of the proposed assessment 
 district may make objection thereto. Objections shall be in writing by the objector or 
 his agent and filed prior to the day fixed for the hearing. Objections may be made to 
 the boundaries of the district or to the amount of the assessment proposed to be im- 
 posed. Claims for damages to result from the construction of the highway or the grade 
 thereof as delineated upon the map or profile drawings of the district made by district 
 engineer shall also be presented prior to the day of hearing and a failure to present such 
 claims shall be deemed to be an express waiver thereof. 
 
 Hearing of objections. 
 
 5 26. At the time fixed in the resolution of intention for hearing objections, or at 
 such time as such hearing may be continued, and all parties shall be deemed to have 
 notice of such continuance, the board of directors shall hear and determine all objec- 
 tions that may be made and it shall be competent for said board to hear and determine 
 any or all objections of every kind or nature even though such objections shall not be 
 expressly authorized by this act, and also may pass upon, compromise or determine any 
 claim for damages presented as herein provided. 
 
 Changing boundaries, etc. Claims for damages. Order by board of directors. 
 
 5 27. At the conclusion of the hearing the board of directors may change the boun- 
 daries of the proposed district, but may not include any territory outside thereof, may 
 reduce the total amount of the assessment proposed to be imposed, change or modify 
 any grades of a proposed highway and may sustain or overrule any other objections or 
 generally overrule all objections that may have been made. It may also reject or 
 approve in whole or in part any claim for damages. The total amount of all claims for 
 damages that may be allowed shall be added to the estimate of the cost of the proposed 
 highway and one-fourth of such amount of claims may be added to the amount of 
 assessment proposed to be imposed unless such estimate shall already have provided 
 for such damages. 
 
 All matters pertaining to the hearing having been heard and determined, the board 
 of directors shall cause an order to be entered in its minutes ordering the construction 
 of the proposed highway, creating a highway assessment district for the purposes of 
 this act and describing the boundaries of the highway assessment district in accordance 
 with this determination, declare the amount of the assessment to be imposed and 
 nss->ssing the same upon the land within the district, which shall be deemed to he the 
 benefits thereto accruing from such proposed highway construction, and the same to be 
 
 i
 
 937 HIGHWAYS. Act 1900a, §8 28-34 
 
 distributed to and imposed upon the several parcels of land within the district and to 
 be paid as in this act provided, and fix the number of annual installments in which such 
 assessment may be paid. All objections not specifically set forth in said order shall be 
 deemed to have been disallowed and overruled. The order shall also approve the map 
 of the district made as herein provided. 
 
 Order sent to assessors and recorders. 
 
 $ 28, Copies of said order and the map so approved shall be forthwith transmitted 
 to the assessor and recorder of the several counties comprising the joint highway dis- 
 trict. The recorder shall record said order and map as provided by law without charge 
 therefor. The assessor shall preserve said map and in making any assessment roll 
 shall cause all parcels of land within the assessment districts to be separately valued so 
 that the value of all the land therein shall be definitely ascertained. 
 
 Statement of total assessed value. 
 
 § 29. On or before the fifteenth day of August in each year the auditor of each of 
 the counties composing the district shall certify and transmit to the secretary of the 
 joint highway district a statement showing the total assessed value of the land within 
 his county included in the assessment district created as herein provided. 
 
 Secretary to determine amount of installment. 
 
 $ 30. Immediately upon receipt of the statements required by the preceding section, 
 the secretary of said joint highway district shall ascertain the amount of the install- 
 ment of the assessment due and to be paid within the year thereafter. The sum so 
 ascertained shall be the amount to be raised by taxation upon all the property within 
 the assessment district. He shall apportion the said amount to the several counties 
 composing the district according to the assessed value of the land therein as certified 
 and shall transmit to the clerk of the board of supervisors of each of said counties a 
 statement showing the total assessed value of the land within these counties included in 
 the assessment district and the amount of money required to be raised by a tax imposed 
 thereon. 
 
 Levy of special tax in district. 
 
 $ 31. At the time and in the manner provided by law for the levying of taxes by 
 board of supervisors, the board of supervisors in each of the counties composing the 
 joint highway district shall levy a special tax upon all the land within the highway 
 assessment district and within the county, sufficient to raise the sum of money required 
 by this act and as certified by the secretary of the joint highway district. 
 
 Collected at time of county tax. 
 
 § 32. The tax so levied shall be computed and collected in the time and manner 
 required by law for the computation and collection of taxes for county purposes and 
 the land subject to such tax shall be subject to the same penalties for delinquencies, 
 and the same provisions of law relating to the sale and redemption of land for non- 
 payment of county taxes, shall apply to the tax herein authorized. 
 
 Moneys paid to treasurer. 
 
 § 33. All money collected as the proceeds of a tax levied as herein provided shall 
 be paid by the tax collector to the treasurer of the joint highway district and placed 
 to the credit of the funds of the district as herein provided. 
 
 Additional reports. 
 
 $ 34. It is hereby expressly provided that the entire highway originally described 
 need not be provided for in the report of the engineer made as provided in section 
 thirteen of this act. Additional reports may be made from time to time as the same 
 shall be deemed expedient and provide for the construction of other sections of such 
 higliway. The cost of such additional portions shall be provided for in the same
 
 Act lOCOa, §§ 3S-40 G&NE:RAL LAWS. 938; 
 
 manner as herein provided for in the case of the first report and additional assessments^ 
 may be made in like manner. Additional assessments may be imposed in case the cost] 
 of construction exceeds the estimate made or in case any assessment shall be held 
 invalid for any reason. 
 
 Contract let to lowest bidder. Construction by board of directors. Eight-hour day. 
 
 ^ 35. The work of construction shall be done by contract let to the lowest responsible 
 bidder after advertisement for bids therefor shall have been made by publication in a 
 newspaper of general circulation published within the district for a period of ten days 
 prior to the receipt of such bids. Bonds for the faithful performance of the contract 
 and for the payment of claims for labor and material shall be required of the successful 
 bidder. However, if it should appear to the satisfaction of the board of directors that 
 the bids were excessive or that collusion existed among bidders so as to prevent proper 
 competition then the board of directors are authorized to purchase the necessary 
 material, machinery and equipment and employ labor to perform the work of con- 
 struction. The board of directors may acquire rock quarries or deposits of road 
 material or if it is to the advantage of the district may purchase material and furnish 
 the same to contractors. A maximum of eight hours shall constitute a day 's labor and 
 three dollars shall be the minimum charge paid for such day's labor performed upon 
 the work of construction. 
 
 Advisory board to control expenditure of state funds. 
 
 $ 36. In case it shall be determined that any sum of money authorized to be 
 expended from the state treasury shall be expended as required by section twenty-two 
 of article IV of the constitution, then the advisory board of the state engineering 
 department shall have the exclusive management and control of such expenditure, but 
 such advisory board may, in its discretion, delegate its powers to the board of directors 
 of the joint highway district and said joint highway district is hereby declared to be a 
 state institution within the meaning of said constitution. The board of directors of 
 the district may vest in the state engineering department authority to supervise the 
 work of construction. 
 
 Necessary repairs. 
 
 $ 37. Until the completion of said highway, all necessary repairs thereto shall be 
 held to be a necessary part of the construction thereof and may be made either by con- 
 tract or by the board of directors and the cost thereof paid from the construction fund. 
 
 Negotiations with United States. 
 
 § 38. In case the governmental authorities of the United States should desire to 
 include such highway in any scheme of national defense and use or assume the use of 
 the same for military or other purposes, the board of directors of the joint highway 
 district either directly or through the state engineering department may enter into 
 negotiations respecting the same and enter into such agreements as may be mutually 
 satisfactory. 
 Regulations by board of directors. 
 
 $ 39. The board of directors may make such regulations respecting the use of such 
 highway as shall not conflict with general laws and may exclude from such highway 
 such class of the .vehicular traffic as may be dangerous to public safety or which may 
 result in a permanent injury to the roadway. All laws regulating state highways and 
 inflicting penalties for a violation thereof shall apply to the highways constructed 
 under the provisions of this act. 
 Certificates of completion. Interest and rights of way conveyed. 
 
 § 40. Upon the completion of the highway or any section thereof, the fact of such 
 completion shall be certified to the advisory board of the state engineering depart- 
 
 I
 
 839 HIGHWAYS. Act 1900b 
 
 ment and such advisory board shall cause inspection to be made of such highway. If 
 such advisory board shall find that the same has been properly constructed and is in 
 good repair throughout, it shall issue a certificate of completion. Thereupon said 
 advisory board shall, after due hearing, apportion said highway to the several counties 
 constituting the district, or may accept the whole or any portion thereof as a state 
 highway. The decree of distribution shall be transmitted to the board of directors of 
 the joint highway district. Thereupon the said board of directors shall convey to the 
 several counties composing the district, or to the state as the case may be, all interest 
 and rights of way that the district may have in and to the highway so constructed and 
 accepted in accordance with the terms of said decree of distribution. The highway or 
 portions conveyed shall become a part of the system of county roads, or state highway 
 as the case may be, and shall be maintained by said counties from the general or district 
 road funds or by the state as provided by law. 
 
 Employees discharged. 
 
 § 41. Upon the receipt of the decree of distribution of the entire highway all 
 employees of the board of directors shall be forthwith discharged excepting the secre- 
 tary who shall continue to perform the duties required of him by this act. 
 
 District dissolved when. 
 
 § 42. When all the bonds that may have been issued in pursuance with the provi- 
 sions of this act shall have been paid, all property of the district shall be convei'ted 
 into money and all such moneys shall be distributed to the counties composing the dis- 
 trict in proportion to the amount contributed by them under the provisions of this act. 
 Thereupon, all books, documents, maps and other records shall be deposited with the 
 state engineering department and thereupon said joint highway district shall be dis- 
 solved. 
 
 COUNTY JOINT HIGHWAYS, STATE CO-OPERATION, NATURAL 
 MILITARY HIGHWAYS. 
 ACT 1900b — An act making an appropriation to pay any assessment that may "be 
 imposed against the state of California under the provisions of an act entitled "An 
 act providing for the creation, organization and government of joint highway districts 
 composed of two or more counties of the state of California," approved April 5, 1917; 
 to pay the share of the state of California under any agreement or agreements with 
 the United States government for co-operative work in the construction, improve- 
 ment or maintenance of highways useful for military purposes and authorizing the 
 state department of engineering to enter into any such agreements; and to pay the 
 cost of making surveys and preparing plans and estimates for the following high- 
 ways: An extension of the Trinity-Humboldt state road, from its westerly end, in a 
 westerly direction, and to the town of Bridgeville, in Humboldt county; a highway 
 beginning at or near Oxnard in Ventura county, California, and extending to a point 
 near San Juan in Orange county, California; a highway from Jackson's Ranch near 
 Pescadero in San Mateo county, California, to Governor's Camp in the California 
 Redwood Park, Santa Cruz county, California; a highway beginning at Carmel in 
 Monterey county, California, and running thence in a southerly direction to San 
 Simeon in San Luis Obispo county, California, and a lateral highv/ay from a point 
 most feasible thereon to a point at or near Jolon in said Monterey county; a bridge 
 to span San Francisco bay at or near Dumbarton Point; and a highway from the 
 western boundary line of Kern county, California, to the state highway near the city 
 of Santa Maria, Santa Barbara county, California. 
 
 History: Approved June 1, 1917. Id effect July 31, 1917. Stats. 
 1917, p. 1519.
 
 Act 1000c. § 1 GENERAL LAWS. 940 
 
 Appropriation. 
 
 $ 1. The sum of two hundred fifty thousand dollars, or so much thereof as may be 
 necessary, is hereby appropriated out of any money in the treasury not otherwise appro- 
 priated for the following uses and purposes: 
 
 Joint highway district assessment. 
 
 a. To pay any assessment that may be imposed against the state of California under 
 the provisions of an act entitled "An act providing for the creation, organization and 
 government of joint highway districts composed of two or more counties of the state 
 of California," approved April 5, 1917. 
 
 Co-operative highway work with U. S, government. 
 
 b. To pay the share of the state of California under any agreement or agreements 
 made with the United States government for co-operative work in the construction, 
 imjjrovement or maintenance of highways useful for military purposes, and the state 
 department of engineering is hereby authorized to enter into any such co-operative 
 agreements on such terms as it may deem for the best interests of the state. 
 
 Highway surveys and estimates. 
 
 c. To pay the cost of making surveys and preparing plans and estimates for highways 
 as follows: An extension of the Trinity-Humboldt state road, from its westerly end, in 
 a westerly direction, to the town of Bridgeville, in Humboldt county; a highway begin- 
 ning at or near Oxnard in Ventura county, California, and extending to a point near 
 San Juan in Orange county, California; a highway from Jackson's Ranch near Pesca- 
 dero in San Mateo county, California, to Governor's Camp in the California Redwood 
 Park, Santa Cruz county, California; a highway beginning at Carmel in Monterey 
 county, California, and running thence in a southerly direction to San Simeon in San 
 Luis Obispo coi;nty, California, and a lateral highway from a point most feasible 
 thereon to a point at or near Jolon in said Monterey county; a bridge to span San 
 Francisco bay at or near Dumbarton Point; and a highway from the western boundary 
 line of Kern county, California, to the state highway near the city of Santa Maria, 
 Santa Barbara county, California. 
 
 Control by state department of engineering. 
 
 ^ 2. All the work contemplated by this act is hereby placed under the complete 
 management and control of the state department of engineering, and the state con- 
 troller is hereby directed to draw his warrants in such sums and at such times as the 
 state department of engineering may present claims therefor, and the state treasurer 
 is directed to pay the same to carry out the pui-poses of this act. 
 
 NATIONAL RURAL POST ROADS, STATE CO-OPERATION. 
 
 ACT 1900c — An act expressing assent of the state of California to the provisions of the 
 
 act of congress approved July 11, 1916, entitled "An act to provide that the United 
 
 States shall aid the states in the construction of rural post roads, and for other 
 
 purposes." 
 
 History: Approved March 21, 1917. In effect July 27, 1917, Stats. 
 1917, p. 20. 
 
 Assent to act of congress approved July 11, 1916. 
 
 $ 1. The state of California hereby assents to the provisions of the act of congress 
 approved July 11, 1916, entitled "An act to provide that the United States shall aid 
 the states in the construction of rural post roads, and for other purposes."
 
 941 eiGHW AYS. Act 1902, §g 1-3 
 
 BOULEVARD DISTRICT ACT OF 1911. 
 ACT 1902 — An act to provide for tlie formation and establishment of "boulevard dis- 
 tricts; tlie construction, acquisition, maintenance, control and use of boulevards; 
 defining the term boulevard; providing for the voting, issuing and selling of bonds, 
 and the levying of taxes to pay for the acctuisition, construction, maintenance and 
 repair of such boulevard; providing for a boulevard commission to have charge of 
 the affairs of boulevard districts, and the construction, maintenance and repair of 
 boulevards, within such districts; providing for the election of such commission, 
 their terms of office, and of elections to be held in such districts; and repealing an 
 act entitled "An act to provide for the formation of boulevard districts, and the 
 construction, maintenance, and use of boulevards, and defining the term boulevard," 
 approved March 22, 1905, and the act amendatory thereof, approved April 15, 1909. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1425. Amended 
 (1) January 12, 1912, Stats. 1912 (ex sess.), p. 223; (2) June 5, 1913. 
 In effect August 10, 1913, Stats. 1913. p. 394. (3) May 29, 1917. In 
 effect July 28, 1917, Stats. 1917, p. 1299. (4) May 7, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 351. Prior acts of March 22, 1905. Stats. 
 1905, p. 754. Amended April 15, 1909, Stats. 1909, p. 923, repealed by 
 the present act. 
 
 Boulevard district formed. 
 
 § 1. Any portion of a county not contained in a boulevard district under the pro- 
 visions of this act, may be formed into a boulevard district, and when so formed shall 
 
 be known and designated by the name and style of boulevard district 
 
 (using the name of the district) of county (using the name of 
 
 the county in which said district is located), and shall have the rights herein enumer- 
 ated, and such as maj'^ hereafter be conferred by law. [Amendment of May 29, 1917. 
 In effect July 28, 1917. Stats. 1917, p. 1300.] 
 
 Petition to board of supervisors. Bond filed. 
 
 $ 2. A petition for the formation of such boulevard district (naming it) may be 
 presented to the board of supervisors of the county wherein the district is proposed to 
 be formed, which said petition shall be signed by not less than ten freeholders, owning 
 land within the proposed district and shall contain : 
 
 (1) The boundaries of the proposed district and an estimate of the number of inhabi- 
 tants residing therein : 
 
 (2) An estimate of the number of acres contained therein and the assessed value 
 thereof and of the improvements thereon; 
 
 (3) A request that an election be called within said district for the purpose of 
 determining the question of the formation of said boulevard district, for the construe* 
 tion and maintenance of a boulevard or boulevards therein under the provisions of 
 this act. 
 
 There shall be filed with said board of supervisors at the time of the filing of the 
 petition for the organization of said boulevard district with said board, a bond in the 
 sum of not more than three hundred dollars, with two sufiicient sureties, to be approved 
 by said board, who shall each qualify in double the amount of said bond, conditioned 
 that they will pay the exjiense and cost of said election in an amount not exceeding the 
 amount mentioned in said bond, in case the proposition to organize said district shall 
 be defeated at said election. [Amendment of May 29, 1917. In effect July 28, 1917. 
 Stats. 1917, p. 1300.] 
 
 Hearing on petition. 
 
 $ 3. Such petition must be presented at a regular meeting of said board of super- 
 visors and they shall thereupon fix a time for hearing said petition, not less than twenty.
 
 Act 1902, §§ 4, 5 
 
 GBIVEIRAL LAWS. 
 
 042 
 
 nor more than sixty days after the date of presentation thereof, and shall publish a 
 notice of the fact that such petition has been filed (referring to the same on file with 
 the clerk of the board of supervisors for further particulars) and giving the time and 
 place at which said petition will be heard, and directing all parties interested to appear 
 at said time and place, and show cause, if any they have, why said petition should not 
 be granted, which said notice shall be published at least once a week for two consecu- 
 tive weeks in some newspaper published and circulated in said proposed district; pro- 
 vided, that if no newspaper be so published in said district, then said notice shall be so 
 published in some newspaper published and circulated at the county seat of the county 
 in which said proposed district is located. [Amendment of May 29, 1917. In effect 
 July 28, 1917. Stats. 1917, p. 1301.] 
 
 Lands excluded. Lands included. 
 
 5 4, Upon the day named for the hearing of said petition, the board of super- 
 visors shall hear the same and any objections thereto and may adjourn such hearing 
 from time to time, not more than sixty days in all. If the board find that lands have 
 been improperly included, it may in fixing the final boundaries exclude from such dis- 
 trict any lands which may have been so included, or the board may, as it deems for the 
 best interests of such district, include any adjacent lands outside the boundaries de- 
 scribed in said petition, either on petition of the owners of such lands, or upon notice 
 of its intention to include such adjacent lands by publication once a week for two suc- 
 cessive weeks in a newspaper of general circulation published either in said district 
 or at the county seat, which notice shall refer to the petition for the formation of the 
 district on file with the board of supervisors, shall describe the adjacent territory 
 intended to be included within the proposed district and shall direct all persons inter- 
 ested therein to appear at a specified time and place and show cause if any there be 
 why said adjacent lands should not be so included. Upon the petition and evidence 
 produced at such hearings the board shall determine and fix the boundaries of such 
 district and must thereupon, by order, define and establish such boundaries. [Amend- 
 ment of May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1301.] 
 
 Election. Notice. 
 
 $ .5. The board of supervisors thereupon, and not later than thirty days after the 
 establishment of said boundaries, as hereinbefore provided, shall by order, call an 
 election to be held in such proposed boulevard district for the purpose of determining 
 whether such district shall be formed. The order must fix the day of such election, 
 which must be within sixty days from the date of the order, and must show the boun- 
 daries of the proposed district, and must state that at such election one member of the 
 boulevard commission will be voted for. This order shall be entered in the minutes of 
 the board, and shall be conclusive evidence of the due presentation of a prop.er peti- 
 tion, and of the fact that each of the petitioners was, at the time of the signing and 
 i:)resentation of such petition, a freeholder owning land within the proposed district 
 and that all other steps and actions requisite to and pertaining to the making of said 
 order, including the hearing of said petition and establishment of the boundaries of 
 said district, have been properly taken; notice of such election shall be given by posting 
 a copy of such order for three successive weeks prior to the election, in three public 
 places within the proposed district, and by publication of a copy of such order at least 
 once a week for three successive weeks prior to the election in some newspaper pub- 
 lished in the proposed district, if there be one, and if not, in some newspaper published 
 at the county seat. [Amendment of May 29, 1917. In effect July 28, 1917. Stats. 1917, 
 p. 1302.]
 
 943 HIGHWAYS. Act 1902, §§ 6, 7 
 
 Polling places. Election officers. Ballots. Election of niem1)er of boulevard commis- 
 sion. Canvass of returns. 
 
 5 6. The board of supervisors, at least fifteen days prior to the election, shall select 
 one, and may select two, or more polling places within the proposed district, and make 
 all suitable arrangements for the holding of such election. They must select and 
 appoint, from among the qualified electors of the proposed boulevard district, one 
 inspector and two judges of election in each polling place, who shall constitute the offi- 
 cers of said election and the election board; if none are so appointed or if any officer 
 appointed does not attend at the opening of the polls on the morning of election, the 
 electors present may appoint substitutes to fill the election board. The ballot shall con- 
 tain the words ** boulevard district — yes," and "boulevard district — no," and shall 
 also make provision for voting for one member of the boulevard commission of said 
 district. At such election there shall be elected one member of the boulevard commis- 
 sion, whose term of office shall be for four years and until the election, or appointment, 
 and qualification of his successor. Such election, and all subsequent, or other, elections 
 in said district shall, except as herein otherwise expressly provided, be conducted as 
 nearly as practicable in accordance with the general election laws of the state, except 
 that the provisions of said laws as to the form of ballots and the making of nomina- 
 tions and the selection or appointment of officers of election, shall not apply, and that 
 no irregularity or informality in conducting any election under this act, not substan- 
 tially affecting adversely the legal rights of any elector, as hei'ein defined, shall invali- 
 date or affect such election. At each election pursuant to this act, every qualified 
 elector, resident within the district as proposed or established, and who would be 
 entitled on the date of the respective election to vote in said district at a general elec- 
 tion, shall be entitled to vote at such election. The said officers of election must make 
 return of the election to the board of supervisors of said county, which shall canvass 
 said returns as by law provided, and if a majority of the votes cast at such election shall 
 be in favor of a boulevard district the board of supervisors shall make and cause to be 
 entered in the minutes of said board an order that the boulevard district of the name, 
 and with the boundaries theretofore established by said board (setting forth such 
 boundaries), has been duly established, and shall declare the person receiving the 
 highest number of votes for member of the boulevard commission, duly elected as such 
 commissioner; and said order shall be conclusive evidence of the fact and regularity of 
 all prior proceedings of every kind and nature provided for by this act or by law, and 
 of the existence and validity of the boulevard district. If a majority of the votes cast 
 shall be against a boulevard district the board shall by order entered in its minutes so 
 declare, and no other proceedings shall be taken in relation thereto until the expiration 
 of one year from the date of the presentation of the petition to said board. [Amend- 
 ment of May 7, 1919. In effect July 22, 1919. Stats. 1919, p. 352,] 
 This section was also amended May 29, 1917, Stats. 1917, p. 1302. 
 
 Officers. Vacancy. Appointment of member by state highway commission. Term. 
 
 Bond. No compensation. 
 
 § 7. The officers of the district shall be three members of the boulevard commission, 
 who shall be designated as commissioners, and shall be, except as hereinafter provided, 
 the chairman of the board of supervisors and the county surveyor, or the county engi- 
 neer, as the ease may be, of the county in which the district is situated, who shall be 
 ex officio commissioners, and a third commissioner elected as herein provided who must 
 have been a bona fide resident and freeholder within the boundaries of the district for 
 at least one year prior to his election. Any vacancy in the office of commissioner shall, 
 except as hereinafter provided, be filled by appointment for the unexpired term by the 
 board of supervisors from among the bona fide resident freeholders within said district 
 who shall have been such resident freeholders for at least one year prior to such appoint-
 
 Act 1002, §g S, 9 GENERAL LAWS. 044' 
 
 ment, but no member of tbe said board of supervisors, except the chairman thereof, 
 shall be eligible to hold office on said commission or to hold any position in connection 
 therewith. At any time, upon petition in writing signed by at least twenty-five peri 
 cent in number of the number of qualified electors, residing within the district and 
 named upon the great register of the county in which the district is situated, and pre- 
 yseuted to the state highway commission, the said state highway commission shall, and 
 \ it is hereby empowered to, declare the office of boulevard commissioner theretofore held 
 by the said county surveyor, or county engineer, as the case may be, vacant, and nomi- 
 nate and appoint as commissioner to fill such vacancy a person who shall be a civil 
 engineer, qualified in the opinion of the state highway commission to act as such com- 
 missioner. The commissioner so appointed shall hold office for the term of four years 
 from and after his appointment, and until the appointment and qualification of his suc- 
 cessor, and all appointments to fill any vacancy in the office of such commissioner either 
 during or at the expiration of his term of office shall be made by the state highway 
 commission upon the receipt of written notice from the boulevard commission of such 
 vacancy or expiration, but no petition shall be necessary therefor. Each commissioner 
 shall give a bond to the boulevard district for the faithful performance of his duties 
 in the sum of five thousand dollars, to be approved by a judge of the superior court of 
 the county in which the district is located. The commissioners shall receive no com- 
 pensation whatever either for general or special services. [New section added May 29, 
 1917. In effect July 28, 1917. Stats. 1917, p. 1304] 
 
 Original section of this number repealed May 29, 1917, Stats. 1917, p. 1303, and a new 
 section added with the same number. 
 
 Election every fourth year. Notice of election. Polling places and election officers. 
 
 Canvass of returns. 
 
 § 8. An election shall be held in each boulevard district on the first Monday after 
 the first Tuesday in March in the fourth year after the formation of the district, 
 and in every fourth year thereafter, at which shall be elected a commissioner in place 
 of the elected commissioner whose term shall expire during such year. Not less than 
 twenty days before the day of each such election the boulevard commission must give 
 notice of said election by posting notice thereof in three public places in the boulevard 
 disti-ict, which notice must specify the time and place of election, the hours during which 
 the polls will be kept open, and the officer to be elected. They shall select one, and may 
 select two or more, polling places within the district; shall appoint one inspector and 
 two judges of election in each polling place, and make all necessary and proper arrange- 
 ments for holding the election. Said election officers shall constitute the election board. 
 If no election officers are so appointed, or if any of those appointed are not present at 
 the time of the opening of the polls, the electors present may appoint all, or any, of 
 them so absent or not appointed and they shall conduct the election as if so appointed 
 by said commission and present. The officers of the election must publicly canvass the 
 votes immediately after the closing of the polls, and must make return of the election 
 within twenty-four hours after the closing of the polls to the board of supervisors. 
 Said board of supervisors at its first meeting after receiving said returns shall canvas 
 the same and shall make, sign and deliver a certificate of election to the person elected. 
 [Amendment of May 7, 1919. In effect July 22, 1919. Stats. 1919, p. 353.] 
 
 This section was also amended January 12, 1912, Stats. 1911 (ex. sess.), p. 223. 
 Original section repealed and a new section with the same number added May 29, 1917. 
 ,*tats. 1917. pp. 1303, 1304. 
 
 P/esident and secretary. 
 
 § 9. The boulevard commission shall be the governing body of the district, and shall 
 exercise all the powers thereof. At its first meeting or as soon thereafter as may be 
 practicable, the commission shall choose one of its members as president, and another of
 
 945 HIGHAVAYS. Act 1002, §§ 10, 1 1 
 
 its members as secretary. All contracts, deeds, warrants, releases, receipts and docu- 
 ments of every kind shall be signed in the name of the district by its president, and 
 shall be countersigned by its secretary. The commission may hold such meetings, either 
 in the day or in the evening, as may be convenient, all such meetings of the commission 
 must be held in the district at an appointed place. In case of the absence or inability to 
 act of the president or secretary, the commission shall, by order entered upon its min- 
 utes, choose from its members a president pro tempore, or secretary pro tempore, as the 
 case may be. A majority of the members of the commission is a sufficient number to 
 form a commission for the transaction of business, and every decision of a majority 
 of the members forming such commission made when duly assembled, is valid as an act 
 of said commission. [New section added May 29, 1917. In effect July 28, 1917. Stats. 
 1917, p. 1305.] 
 
 Original section repealed and a new section with the same number added, May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Powers of district. 
 
 § 10. Ever)' boulevard district formed under the provisions of this act shall have 
 power to have and use a common seal, alterable at the pleasure of the boulevard com- 
 mission; to sue and be sued b}' its name; to lay out, establish, construct, acquire and 
 maintain one or more boulevards within the district, and for this purpose to acquire by 
 purchase, gift, devise, condemnation proceedings or otherwise real and personal prop- 
 erty and rights of way within the district, and to pay for and hold the same; provided, 
 however, that if any boulevard or boulevards are constructed with moneys raised by 
 taxation and not from the sale of bonds as herein provided, such boulevard or boule- 
 vards shall be constructed only after an election to be had in the manner herein pro- 
 vided for elections in said district, for the purpose of determining whether such boule- 
 vard or boulevards shall be constructed and at which election a majority of the votes 
 cast are in favor of the construction of such boulevard or boulevards; to make and 
 accept any and all contracts, deeds, releases and documents of any kind which shall 
 be necessary or proper to the exercise of any of the powers of the district, and to direct 
 the payment of all lawful claims and demands against it ; to issue bonds as hereinafter 
 provided, and to provide for the paj'ment of the same and the interest thereon; and lo 
 cause to be levied taxes sufficient when directed by a vote of the people of the district 
 for the construction, maintenance or repair of said boulevard, or boulevards, and all 
 indebtedness of such district, and the running expenses of the district; to employ all 
 necessary engineers, surveyors, agents and workmen to do the work on or in con- 
 nection with the boulevard or boulevards in said district; and generally to do and per- 
 form any and all acts necessary or proper to the complete exercise and effect of any of 
 its powers or the purposes for which it was formed. [New section added May 29, 1917. 
 In effect July 28, 1917. Stats. 1917, p. 1305.] 
 
 Original section repealed and a new section with the same number added. May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 "Boulevard." 
 
 $11. By the term "boulevard" as used herein is meant a highway not less than 
 thirty and not more than one hundred feet in width, and upon, along, and over the por- 
 tion or portions of which where the same is less than sixty feet in width no railroad, 
 electric road, or street railroad shall, except upon a permit granted therefor by the 
 board or body in control of such boulevard evidenced by an order entered in its minutes, 
 be constructed or operated; and any easements granted or condemned for the building 
 of said boulevard shall be so granted or condemned; provided, that nothing herein 
 shall be deemed to apply to or as preventing or limiting the use of vehicles across said 
 boulevard. Any boulevard constructed under this act may be constructed, in whole 
 or in part, over, along, or upon any county road or public highway, or any part thereof, 
 Gen. Laws — 60
 
 Act 1002. §§ 12, 12a GENERAI, LAWS. 949 
 
 and the moneys belonging to such boulevard district may be expended in the improve- 
 ment of such road or highway to confonn to the width and general character of the bal- 
 ance of the boulevard, and for the purposes of this act the boulevard district is hereby 
 expressly authorized and empowered to take over, control, operate, and use in whole 
 or in part any such county road or public highway. [New section added May 29, 1917. 
 In effect July 28, 1917. Stats. 1917, p. 1306.] 
 
 Original section repealed and a new section with the same number added, May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Survey, etc., of proposed houlevards. 
 
 § 12. The boulevard commission shall, before the construction of any boulevard 
 and before the calling of any election for the issuance of bonds, employ an engineer or 
 engineers who shall make all necessary surveys, prepare a map or maps showing the 
 location of the said proposed boulevard or boulevards, also showing a cross-section 
 and profile of said proposed boulevard or boulevards, together with specifications for the 
 construction thereof and estimates of the cost of acquiring rights of way therefor, and 
 of the cost of the construction thereof, which said surveys, maps, specifications and 
 estimates, shall, upon the approval of the same by said commission, by order entered 
 upon its minutes, be formally adopted by said commission and filed with its secretary 
 and constitute the plan of said district for such proposed boulevard or boulevards; pro- 
 vided, that the said boulevard commission may, at its option, and it is hereby empow- 
 ered to, direct the county surveyor, or county engineer, as the case may be, to do any 
 or all of said work herein provided to be done by an engineer or engineers. 
 
 The expense of making such preliminary survey or surveys may be allowed by the 
 board of supervisors out of the general fund or the general county road fund upon 
 claims regularly presented and allowed in the manner provided by law. [Amendment 
 of May 7, 1919. In effect July 22, 1919. Stats. 1919, p. 353.] 
 
 This section was also amended June 5, 1913, Stats. 1913, p. 394. 
 
 Original section repealed and a new section with the same number added May 29, 1917. 
 In effect July 28, 1917. Stats. 1917, pp. 1303, 1307. 
 
 Bids for construction of boulevards. 
 
 ^ 12a. The boulevard commission shall, pursuant to an order entered in its minutes, 
 advertise for bids for the construction of such boulevard or boulevards, either as a 
 whole or in such sections as it may see fit, in accordance with the plan theretofore 
 adopted and filed, as hereinabove provided, by said commission, by publishing a notice 
 calling for such bids, at least once a week for two successive weeks in a weekly news- 
 paper published within the boulevard district if such newspaper is published therein, 
 otherwise in a newspaper published at the county seat of the county in which such 
 district is located. Such notice shall refer to said order and said plan for further 
 particulars. If the commission shall elect to receive separate bids for the construction 
 of sections of said boulevard or boulevards, the said order shall describe the separate 
 sections for which such separate bids are desired. The commission may also, in its 
 discretion, advertise at the same time and in the same notice both for bids for the 
 construction of such boulevard or boulevards as a whole and for bids for the con- 
 struction of separate sections thereof. Every contract for doing any part of said work 
 shall be let, after advertisement as herein provided, to the lowest responsible bidder, 
 who shall, before the making of said contract, give a bond to the boulevard district for 
 the faithful performance of his contract, with sureties satisfactory to said commission 
 in an amount equal to at least fifty per cent of the amount of the contract price. 
 
 Conditions of contract. 
 
 Said contract shall be executed on behalf of the b'>ulevard district by the boulevard 
 commission, subject to approval or r«iictioa by the electors of the district, expressed
 
 947 HIGHWAYS. Act 1902, §§ 13, 14 
 
 at an election called for the purpose of issuing bonds for the payment of such contract. 
 If the electors at such election fail to approve such bond issue, the contract shall be 
 void and the boulevard commission shall immediately return to the contractor his bond 
 given for the faithful performance of the contract; provided, however, that the com- 
 mission may make contracts, without advertisement, for any construction work on said 
 boulevard the cost of which does not exceed one thousand dollars; and provided, 
 further, that the commission may reject any or all bids and may thereupon readvertise 
 for bids for doing any part or the whole of said work; or may do said work without 
 letting anj' contract therefor when the amount of the work is less than one thousand 
 dollars. Said commission may hire all necessary engineers, inspectors and superin- 
 tendents to supervise the performance of contracts entered into by said commission, or 
 to have charge of the doing of all work done without contract. [New section added 
 May 7, 1919. In effect July 22, 1919. Stats. 1919, p. 354.] 
 
 Bond election. Notice of election. 
 
 $ 13. At any time, and from time to time, after the adoption of a plan for a boule- 
 vard or boulevards, or the letting of a contract for the construction of the whole or 
 any portion of any boulevard, the boulevard commission may, by order entered in its 
 minutes, call an election for the purpose of determining whether bonds shall be issued 
 for the acquisition of rights of way for, and the construction of such boulevard or 
 boulevards, or for the payment of such contract. Such order shall fix the day of the 
 election and shall specify the amount of such bond issue, and shall state in general 
 terms the purposes for which the money to be raised from the sale of such bonds shall 
 be used, which purposes shall be confined to the acquisition of rights of way for, and 
 the construction of, a boulevard or boulevards in said district; provided, that if such 
 election is called for a payment of a contract already entered into by the boulevard 
 commission, such order shall state the terms of such contract in such manner as will 
 advise the electors of the contents thereof; provided, however, that any moneys so 
 raised which shall remain on hand after such acquisition of rights of way and construc- 
 tion have been completed, may and shall be expended in the betterment and maintenance 
 of such boulevard or boulevards. Notice of such election shall be given by posting a 
 copy of such order for three successive weeks prior to the election in at least three 
 public places within the district, and b}' publication of a copy thereof for at least once 
 a week for three successive weeks prior to the election in some newspaper published 
 within the district, if there be one, and if not, in some newspaper published at the 
 county seat of the county in which such district is located. [Amendment of May 7, 
 1919. In effect July 22, 1919. Stats. 1919, p. 355.] 
 
 Original section repealed and a new section of tlie same number added. May 29, 1917, 
 Stats. 1917, pp. 1303, 1307. 
 
 Polling places and election ofiicers. BaUots. Canvass of returns. 
 
 $ 14. At any time prior to the day fixed for the election the commission shall select 
 one, and may select two or more, polling places within the district, and select and ai:)point 
 from among the qualified electors within the district, one inspector, and two judges for 
 each polling place to conduct the same, and shall make all necessary and proper ar- 
 rangements for holding the election. The ballots shall contain the words "bonds, yes" 
 and "bonds, no." After the vote shall have been counted and the result announced 
 by the election ofiScers the ballots shall be sealed up and delivered to the secretary of 
 the boulevard commission, with the election returns, and said commission shall, at its 
 first meeting thereafter, canvass said returns and shall enter the result upon its min- 
 utes. Such" entry shall be conclusive evidence of the fact and regularity of all prior 
 proceedings of every kind and nature provided by this act or by law, and of the facts 
 stated in such entry. If, at such election, not less than two-thirds of the votes cast
 
 Act lOO::, gg 15-17 GKNERAI. I, WVS. 
 
 be in favor of the issuance of bonds, the said commission shall have full power and 
 authority to issue and sell said bonds as proposed in the order calling the election a 
 as hereinafter provided. If the result of the election be against the issuance of bonds 
 no other election upon the question shall be called or held for one year after such 
 election. [Amendment of May 7, 1010. In effect July 22. 1010. Stats. 1919, p. 355.] 
 
 Original section repealed and a new section of the same number added. May 29, 1917, 
 Stats. 1917, pp. 1303. 1307. 
 
 Denomination. Payment. Sale. 
 
 $ 15. All bonds issued under the provisions of this act shall be of such denomina- 
 tion as the boulevard commission may determine, except that no bonds shall be of les.s 
 denomination than one hundred dollars nor of a greater denomination than one 
 thousand dollars. Said bonds shall be payable in gold coin of the United States at the 
 office of the county treasurer of the county wherein said district is situated, and shall 
 bear interest at a rate not exceeding six per centum per annum; which interest shall be 
 payable semiannually in like gold coin. Not less than one-thirtieth part of the total 
 issue of bonds shall be payable each year, commencing not more than five years after 
 the date of said bonds. Each bond shall be signed by the president and countersigned 
 by the secretary of the boulevard commission, and said bonds shall be numbered con 
 secutively, in the order of their maturity, and shall have coupons for interest attached, 
 attested by the facsimile signature of the secretary of said commission. The bond- 
 may be sold by the boulevard commission in such manner and in such quantities as it 
 may determine, but no bond may be sold for less than its face value. The proceeds of 
 such sale shall be deposited with the county treasurer and shall be by him placed iii 
 
 the fund to be called the boulevard fund of boulevard district (naming it). 
 
 the money in such fund shall be used for the purposes indicated in the order calling' 
 the election uj^on the question of the issuance of bonds. [New section added May 2!i. 
 1917. In effect July 28, 1917. Stats. 1917, p. 1308.] 
 
 Original section repealed and a new section with the same number added, May 25, 1917. 
 Stats. 1917, p. 1303. 
 
 Estimate of amount needed. 
 
 § 16. The commission must at or before the first meeting of the board of supervisor? 
 in September of each year, furnish the supervisors and the auditor of the county 
 wherein the district is situated, an estimate in writing of the amount of money needed 
 for the purposes of the district for the ensuing fiscal year. The amount must be 
 sufficient to pay all interest and principal of outstanding bonds of the district matur- 
 ing during the ensuing fiscal year, and to pay the estimated cost of repairs and main- 
 tenance of the boulevard, or boulevards, and the running expenses of the district. [New- 
 section added May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1308.] 
 
 Original section repealed and a new section with the same number added. May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Levy of tax. Collection. Moneys from general fund. Constitutionality. 
 
 $ 17. The board of supervisors of any county wherein is situated a boulevard dis- 
 trict, must annually at the time of levying county taxes levy a tax to be known as the 
 
 " (name of district) boulevard district tax," sufficient to raise the amount 
 
 reported to them as herein, in section sixteen hereof, provided by the boulevard com- 
 mission. The supervisors must determine the rate of such tax by deducting fifteen per 
 cent for anticipated delinquencies from the total assessed value of the real property 
 of the district within the county, as it appears on the assessment roll of the county, 
 and dividing the sum reported bj' the boulevard commission as required to be raised by 
 the remainder of such total assessed value. The tax so levied shall be computed and 
 entered on the assessment roll by the county auditor, and if the supervisors fail to levy 
 
 md^ 
 ind 1
 
 949 HIGHWAYS. Act 1002, §§ 18-20 
 
 the tax as provided in the preceding section, then the auditor must do so. Such tax 
 shall be collected at the same time and in the same manner as county taxes, and when 
 collected shall be paid into the county treasury for the use of said district, and the 
 purposes herein specified. The provisions of the Political Code of this state pre- 
 scribing the manner of levying and collecting taxes and the duties of the several county 
 officers with respect thereto are, so far as they are applicable and not in conflict with 
 the specific provisions of this act, hereby adopted and made a part hereof. Such officers 
 shall be liable upon their several official bonds for the faithful discharge of the duties 
 imposed upon them by this act. All moneys raised by taxation as herein provided shall 
 belong to said district. Anything in this act to the contrary notwithstanding the board 
 of supervisors shall set apart and turn over to the boulevard commission out of the 
 general fund of the county twenty-five per cent of the cost of acquisition of rights of 
 waj' for, and of construction of, said boulevard or boulevards and also twenty-five 
 per cent of the cost of maintenance and repair of said boulevard or boulevards, all 
 such moneys to be used by the boulevard commission for such purposes respectively, 
 and the board of supervisors shall set apart and use for road work in the boulevard 
 district all moneys raised in such district by the county for road purposes; provided, 
 however, that if for any reason the provisions, or any thereof, of this sentence are 
 unconstitutional or affect the constitutionality of this act or any of the provisions 
 thereof, then this sentence, or such provisions thereof, only, shall be void and the 
 remainder of this act shall stand as if this sentence, or such provisions thereof, as the 
 case may be, had not been included in this act, the same being hereby declared to be 
 separable. [New section added May 29, 1917. In effect July 28, 1917. Stats. 1917, 
 p. 1309.] 
 
 Original section repealed and a new section with the same number added. May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Funds kept by county treasurer. 
 
 $ 18. The treasury of the county wherein the district is situated shall be the 
 repository of all the funds of the district. The treasurer of the county shall receive 
 and receipt for the same, and shall place the same to the credit of the boulevard dis- 
 trict. He shall be responsible upon his official bond for their safekeeping and disburse- 
 ment in the manner herein provided. [New section added May 29, 1917. In effect 
 July 28, 1917. Stats. 1917, p. 1310.] 
 
 Original section repealed and a new section with the same number added. May 29, 1917, 
 Stats. 1917. p. 1303. 
 
 Funds established. 
 
 $ 19. The following funds are hereby established to which the money belonging to 
 the district, and raised by taxation as herein provided, shall be apportioned by the 
 treasurer, to wit : bond fund, construction and maintenance fund, and district expense 
 fund. The treasurer shall pay out the same only upon warrants of the boulevard com- 
 mission, signed by the president and attested by the secretary, except that all bonds 
 and coupons shall be paid on presentation by the county treasurer out of the bond fund 
 without such warrant. The treasurer shall report in writing to the commissioners 
 whenever requested by them or the secretary the amount of money in the various funds, 
 the amounts of receipts since his last report and the amounts paid out. [New section 
 added May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1310.] 
 
 Original section repealed and a new section with the same number added, May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Maintenance and repair. 
 
 § 20. The commission may do any or all work of maintenance or repair upon such 
 boulevard, or boulevards, either with or without contract therefor, and with or without
 
 Act 1002, §8 21-23 GENERAL LAWS. 950- 
 
 advertising for bids for contracts for such work of maintenance and repair, at its 
 discretion; provided, however, that if the cost of any such work of maintenance or 
 repair shall exceed the sum of one thousand dollars, then such work shall be done under 
 contract pursuant to bids for such work after advertising in the same manner herein 
 provided for advertising for bids and letting contracts for construction work. [Amend- 
 ment of May 7, 1909. In effect July 22, 1919. Stats. 1919, p. 356.] 
 
 Original section repealed arid new section of the same number added, May 29, 1917, 
 Stats. 1917, pp. 1303, 1310. 
 
 Application to state department of engineering for exercise of powers. 
 
 § 21. Anything in this act to the contrary notwithstanding, the boulevard commis- 
 sion shall have and is hereby given power and authority, at its option, to make appli- 
 cation to the department of engineering of the state of California, or to the proper 
 subdivision of said department, for the exercise by said department, or proper sub- 
 division thereof, as the case may be, of any or all powers, duties or authority which 
 said dei^artment or proper subdivision thereof, as the case may be, may now, or at any 
 time hereafter, exercise or enjoy with respect to the ownership, construction, mainte- 
 nance or improvement of any boulevard or boulevards or proposed boulevard or 
 boulevards, constructed or to be constructed pursuant to the provisions of this act, 
 including the preparation of plans, specifications and estimates for, and the handling 
 and expenditure of boulevard district moneys for, such construction, maintenance or 
 improvement: any such application to said department of engineering, or subdivision 
 thereof, shall be made in accordance with the provisions of the law as it now is or may 
 hereafter exist defining the powers, duties or privileges of such department of engi- 
 neering or subdivision thereof in relation to such matters, and upon the granting of 
 any such application by said department of engineering or subdivision thereof, the 
 boulevard commission shall have full power to carry out the terms of such application 
 on its part. [New section added May 29, 1917. In effect July 28, 1917. Stats. 1917, 
 p. 1311.] 
 
 Original section repealed and a new section with the same number added, May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Transfer boulevard to comity. 
 
 $ 22. Anything in this act to the contrary notwithstanding, the boulevard commis- 
 sion shall have, and it is hereby given, full power and authority at its option to trans- 
 fer and convey all the right, title and interest of the boulevard district in and to any 
 boulevard or boulevards in such district after complete construction thereof, to the 
 county within which such district is situated, provided that the board of supervisors 
 of such county consent to and accept such transfer and conveyance and agree there- 
 after to maintain such boulevard or boulevards as boulevards and as part of the county 
 highway system of such county, any and all such boulevards so transferred and con- 
 veyed to be thereafter held and owned by such county as county boulevards without 
 any further liability or responsibility therefor on the part of such district. But no 
 such transfer or conveyance shall affect any bond or bonds theretofore issued by such 
 district or the liability of such district thereunder. [New section added May 29, 1917. 
 In effect July 28, 1917. Stats. 1917, p. 1312.] 
 
 Original section repeapel and a new section with the same number added. May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Dissolution of district. 
 
 $ 23. The district may at any time be dissolved upon the vote of two-thirds of the 
 qualified electors thereof at an election called by the boulevard commission upon the 
 question of dissolution. Whenever it shall deem it advisable, the boulevard commis- 
 sion shall, by resolution, order that an election be held in the said district upon the
 
 051 HIGHWAYS. Act 1902, §§ 24-26 
 
 question of dissolution of the district. Such election shall be called and conducted in 
 the same manner as other elections of the district. Upon such dissolution, any property 
 which may have been acquired by such boulevard district shall vest in the county, 
 except that any such property lying within the boundaries of an incorpoi'ated city shall 
 vest in such city; provided, however, that if at the time of the election to dissolve 
 such district there be any outstanding bonded indebtedness of such district, then, in 
 such event, the vote to dissolve such district shall dissolve the same for all purposes 
 excepting only the levy and collection of taxes for the payment of such outstanding 
 .indebtedness of such district; and from the time such district is thus dissolved until 
 such bonded indebtedness with the interest thereon is fully paid, satisfied and dis- 
 charged, the board of supervisors of the county shall constitute ex officio the boule- 
 vard commission of such district. And it is hereby made obligatory upon such 
 board to levy such taxes and perform such other acts as may be necessary in order 
 to raise money for the payment of such indebtedness, and the interest thereon, as herein 
 provided. [New section added May 29, 1917. In effect July 28, 1917. Stats. 1917, 
 p. 1312.] 
 
 Original section repealed and a new section with the same number added, May 29, 1917, 
 Stats. 1917, p. 1303. 
 
 Repealed. 
 
 $ 24. That certain act entitled "An act to provide for the formation of boulevard 
 districts, and the construction, maintenance, and use of boulevards, and defining the 
 term boulevard," approved March 22, 1905, and the act amendatory thereof, approved 
 April 15, 1909, are hereby repealed. 
 
 Established districts validated. 
 
 5 25. Any and all boulevard districts heretofore established by order entered by any 
 county board of supervisors under this act, and all amendments thereof or of any 
 section or sections thereof, are hereby declared to be legally organized and existing 
 and all the proceedings on the organization and formation of any and all such boule- 
 vard districts are hereby approved and in all respects declared valid, and all boulevard 
 districts are subject to the provisions of this act so far as applicable. [New section 
 added May 29, 1917. In effect July 28, 1917. Stats. 1917, p. 1313.] 
 
 Proceeding to determine legality of district. 
 
 ^ 26. Any district formed hereunder, in order to determine the legality of its 
 existence, may institute a proceeding therefor in the superior court of the county in 
 which it was organized by filing with the clerk of said county a complaint setting forth 
 the name of the district, its exterior boundaries, the date of its organization and a 
 prayer that it be adjudged a legal boulevard district formed under the provisions of 
 this act. The summons in such proceeding shall be addressed generally to all persons 
 interested in said district or in any of the lands therein contained, and shall be served 
 by publishing a copy thereof once a week for four weeks in some newspaper of general 
 circulation published in the said county. Within thirty days after the last publication 
 thereof any person interested may appear and answer said complaint, in which case said 
 answer shall set forth the facts relied upon to show the invalidity of the disti'ict. If no 
 answer shall be filed within said time the court must render judgment as prayed for in 
 the complaint. If an answer be filed the court shall proceed as in other civil cases. Said 
 proceeding is hereby declared to be a proceeding in rem and the judgment rendered 
 therein shall be conclusive against all persons whomsoever and against the state of 
 California. [New section added May 29, 1917. In effect July 28, 1917. Stats. 1917, 
 p. 1313.]
 
 Aci 1903. §§ l-S GENIDllAL LAWS. 953 
 
 HIGHWAY CARE, MANAGEMENT AND PROTECTION ACT OF 1915. 
 ACT 1903 — An act to provide for the care, management and protection of state high- 
 ways and providing penalties for violations of the provisions of the act. 
 
 History: Approved May 20, 1915. In effect August 8, 1915. Stats. 
 1915, p. 642. Prior act of March 24, 1903, Stats. 1903, p. 400, repealed 
 by present act. 
 
 Removal of fences encroaching on highways. 
 
 $ 1. If any state road or highway is encroached upon by fences, structures or other- 
 wise the state department of engineering, its appropriate officers or employees may re- 
 quire the removal of the encroachment. Notice must be given to the occupant or the 
 owner of the land or the person causing or owning the encroachment, if such owner, 
 occupant or person, or, in the case of a non-resident, his agent, be known, by personal 
 delivery to him, by leaving at his place of residence or by registered mail; if such 
 owner, occupant, person or agent be unknown such notice must be posted upon thf 
 encroachment. Such notice must describe the encroachment to be removed. 
 
 Penalty for not removing encroachment. 
 
 ^ 2. If the encroachment is not removed, or commenced to be removed and dili- 
 gently prosecuted prior to the expiration of five days from the service, mailing or 
 posting of the notice, the one who caused, owns or controls the encroachment shall 
 forfeit ten dollars for each day the same continues unremoved. If the encroachment 
 is such as to effectually obstruct and prevent the use of the road for ordinary travel, or 
 consists of refuse, or is an advertising sign of any description (except as in section 
 of this act provided) the department of engineering, its officers, or employees may 
 forthwith remove, or cause to be removed^ such encroachment. 
 
 Action to abate. 
 
 ^ 3. If the encroachment is disputed and denied and the owner, occupant or person 
 controlling the matter or thing charged as being an encroachment refuses to remove 
 or permit the removal thereof, the department of engineering, in the name of the people 
 of the state of California, must commence in the proper court an action to abate the 
 same as a nuisance. If such department recovers judgment it may, in addition to 
 having the nuisance abated, recover ten dollars for every day such nuisance remains 
 after such notice and also its costs in its said action. 
 
 Department may remove. 
 
 ^ 4. If the encroachment is not denied but is not removed for five days after the 
 notice given, as provided in section one of this act, the department of engineering, its 
 officers or employees may remove the same at the expense of the owner, occupant or 
 person controlling the same, and such department, in the name of the people of the 
 state of California, may recover its costs and expenses therefor, and also ten dollars 
 for each day the same remains after said five days ' notice in an action for that puiT>ose. 
 
 Penalty for injury to higlTway. Bridges over irrigation ditches. Dead animals on 
 
 highway. 
 
 ^ 5. Whoever obstructs or injures any state road or highway or diverts any water 
 course thereon, or drains water from his land on any such highway, to the injury 
 thereof, by means of ditches or dams, is liable to a penalty of ten dollers for each day 
 such obstruction or injury remains and must be punished as provided in section five 
 hundred eighty-eight of the Penal Code. Any person, persons or corporations, who 
 shall, by storing or distributing water for any purpose, permit the water to overflow, 
 or saturate of seepage, any state road or highway, to the injury thereof, shall, upon 
 notification of the department of engineering, its officers or employees, discontinue
 
 053 HIGHWAYS. Aof 1903. §§ 0-10 
 
 and repair the damage occasioned bj' such overflow or seepage; and should such repair 
 not forthwith be made by such person, persons or corporations, said department of 
 engineering, its officers or employees shall make such repairs and, if necessary, divert 
 the flow or seepage, and such department, in the name of the people of the state of 
 California, may recover the expense thereof from such person, persons or corporations 
 in an action by law. All persons excavating irrigation, mining or draining ditches 
 across any state road or highway shall be required to bridge such ditches under the 
 direction of the department of engineering, its officers or employees, and upon neglect 
 to do so, such department shall construct the same and recover, in the name of the 
 people of the state of California, the cost of constructing said bridge or bridges of such 
 person by action; and whoever willfully injures any bridge on a state road or highway 
 is hereby declared to be guilty of a misdemeanor and is also liable for actual damages 
 for such injury, to be recovered by such department of engineering in the name of the 
 people of the state of California in a civil action; provided, further, that every person 
 who knowingly allows the carcass of any dead animal, which animal belongs to him at 
 the time of its death, to be put or to remain within one hundred feet of any state road 
 or highway, and every person who puts the carcass of any dead animal on or within 
 one hundred feet of any state road or highway shall be guilty of a misdemeanor. 
 
 Advertisements on highways. 
 
 § 6, No sign, picture, transi^areney, advertisement or mechanical advertising device 
 shall be placed upon or over any state road or highway without a permit from the 
 department of engineering or its appropriate officers, and, if so placed, shall be a 
 public nuisance and may be forthwith removed from any such road or highwaj' by the 
 department of engineering, its officers or employees, and any person who shall so place 
 the same shall be guilty of a misdemeanor; provided, further, that nothing herein shall 
 be so construed as to prevent the posting of any notice provided by law or order of any 
 court to be posted. 
 
 Penalty for cutting down trees. 
 
 § 7. Any person who digs up, cuts down, injures or destroys any trees on any state 
 road or highway, unless the same is deemed an obstruction by the department of engi- 
 neering, its officers or employees and removed under their direction, unless such person 
 has received a permit therefor from such department or its appropriate officers, or is 
 otherwise lawfully entitled to dig up, cut down, injure or destroy such trees, shall be 
 guilty of a misdemeanor. 
 
 Disposition of fines. 
 
 § 8. All penalties or forfeitures and other recoveries provided by this act and not 
 otherwise provided for may be recovered by the department of engineering by suit in 
 the name of the people of the state of California and paid into the state treasury. 
 
 Repealed. 
 
 § 9. An act entitled "An act to provide for the care, management, and protection 
 of state highways," approved March 24, 1903, is hereby repealed. 
 
 § 10. All acts, or parts of acts in conflict with the provisions of this act, are hereby 
 repealed.
 
 Act 1010, g§ 1, 2 GENERAL, LAWS. 
 
 ROAD DISTRICT IMPROVEMENT ACT OF 1907. 
 ACT 1910 — An act to provide for work upon public roads, streets, avenues, boulevards, 
 lanes and alleys not within the territory of incorporated cities or towns; for the inci- 
 dental establishment of grades thereof; for the construction therein or thereon of 
 sidewalks, sewers, manholes, bridges, cesspools, gutters, tunnels, curbing and cross- 
 walks; for the issue of bonds representing the costs and expenses thereof; for a 
 special fund derived in part from the county road fund and in part by special assess- 
 ment upon a district, and for the establishment of such districts. 
 
 History: Approved March 21, 1907, Stats. 1907, p. 806. Amended 
 (1) March 28, 1911, Stats. 1911, p. 506; (2) June 10, 1915. In effect 
 August 9, 1915. Stats. 1915, p. 1394. (3) May 31, 1917. In effect 
 July 30, 1917, Stats. 1917, p. 1369; (4) May 10, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 516. (5) May 15, 1919. In effect July 22, 
 1919. Stats. 1919, p. 558. (6) May 27, 1919. In effect July 27, 1919. 
 Stats. 1919, p. 1336. 
 
 Powers of boards of supervisors to do road woirk. 
 
 § 1. Power is hereby vested in the board of supervisors of every county in this 
 state, by and under the procedure prescribed in this act, to grade or regrade to the 
 official grade, plank or replank, pave or repave, macadamize or remacadamize, gravel 
 or regravel, pile or repile, cap or recap, oil or reoil the whole or any portion of roads, 
 streets, avenues, boulevards lanes or alleys so far as not within the territory of any 
 incorporated city or town, and so far as by dedication or otherwise, public and open 
 to public use, and to do so for any length or width of the same, one of the same or 
 any number of the same in combination, and to construct therein or thereon sidewalks, 
 sewers, manholes, culverts, bridges, cesspools, gutters, tunnels curbing and crosswalks, 
 and to do the aforesaid things singly or in any combination of the same, and the vari- 
 ous items of the said work and constructions need not be conterminous; and to issue 
 bonds representing the costs and expenses of any said work or constructions as in this 
 act hereafter provided; and to constitute a fund for the payment of such bonds as in 
 this act hereafter provided; and to constitute a special fund for the payment of such 
 bonds as in this act hereafter provided; and to levy special assessment taxes upon a 
 district as in this act hereafter provided; and to establish said district and determine 
 its boundaries as in this act hereafter provided; and, as incidental to the exercise of the 
 powers aforesaid, to establish official grades within said district and such districts; 
 and to transfer from county road funds to such special funds as in this act hereafter 
 provided ; and to purchase material and furnish the same to be used in the doing of any 
 of the works above named. 
 
 Prohibited work. 
 
 But said board of supervisors are hereby prohibited from doing, under the pro- 
 visions of this act, any work, except sewer or drain work, within the roadway of any 
 railroad or within any area which by law is required to be kept in order or repair by 
 any person or company having railroad tracks thereon, and this prohibition shall have 
 the effect of excepting the prohibited work from that described in any resolution of 
 intention in any proceeding under this act, and of charging all persons with notice of 
 such exception or exclusion, and such exception of said prohibited work need not be 
 made in any such resolution of intention. [Amendment of May 31, 1917. In effect 
 July 30, 1917. Stats. 1917, p. 1370.] 
 
 Specifications for work. 
 
 ^ 2. Before any resolution of intention is passed under this act, specifications for 
 work substantially the same as that described in the resolution of intention and for a 
 district to be benefited by said work substantially the same as that described in the 
 resolution of intention, shall be furnished by some competent person who shall have
 
 055 HIGHWAYS. Act 1010, § 3 
 
 been designated bj' the board of supervisors for that purpose, by a resolution to be 
 entered by the clerk upon the minutes of said board. ExcejDt where there is already 
 an official grade established in as a part of such specifications grades shall be specified 
 for all roads, streets, avenues, boulevards, lanes and alleys or portions thereof, pro- 
 posed in said resolution of intention to be improved, so far as the same are so pro- 
 posed to be improved. If any official grade has already been adopted or established 
 for any of said roads, streets, avenues, boulevards, lanes or alleys proposed to be 
 improved, it shall be lawful in said specifications to provide for new or different grades 
 therefor fi'om those already established or adopted. 
 
 Description of work and district. 
 
 Neither the work nor the district need be described in the resolution appointing such 
 person except so far as may be sufficient to identify the work and district for which 
 the specifications are prepared, and for such purpose it shall suffice to designate the 
 
 same as "In the matter of road district improvement No and resolution 
 
 of intention No " (inserting the same number of both blanks). 
 
 JEstimate of cost. 
 
 Such specifications shall include an estimate of the aggregate amount of the cost of 
 the work inclusive of incidental expenses and of the procedure. Such specifications 
 shall be signed by the person designated to furnish them and be filed with the clerk 
 of the board of supervisors. [Amendment of June 10, 1915. In effect August 9, 1915, 
 Stats. 1915, p. 1394.] 
 
 Besolution of intention. 
 
 ^ 3. Before ordering any work to be done under this act, the board of supervisors 
 shall pass a resolution of intention so to do. Such resolution may, in form, and shall, 
 in substance, be (filling all blanks) as indicated following, to wit: 
 
 Form of resolution. 
 
 In the matter of road district improvement No Resolution of intention 
 
 No (the same number for both blanks). 
 
 Resolved, That it is the intention of the board of supervisors of the county of 
 
 , State of California, proceeding under and by virtue of the road district 
 
 improvement act of 1907, and in the matter of road improvement district No 
 
 on the day of , 191 . . , at the hour of in. of 
 
 that day or as soon thereafter as the matter can be heard, at the chambers of said 
 board, to order work to be done, as follows: (Here insert a description of the work, 
 stating the territorial extent thereof with all reasonable exactness, and in other par- 
 ticulars generally, yet so as to indicate fairly and approximately its probable cost), 
 the said work to be done in accordance with the specifications therefor filed with the 
 
 clerk of said board on the day of , 191.., except as the 
 
 boundaries of the district and grades therein specified may be changed at the hearing 
 of the matter hereinafter mentioned, which specifications are made part hereof, and to 
 which all persons are referred for further particulars as to said work. For the costs 
 and expenses of the work and the proceeding bonds will be issued to the amount of 
 
 the same, bearing interest at the rate of per cent per annum, payable 
 
 semi-annually, and one part of the principal annually, all in gold coin 
 
 and the aggregate principal of said bonds shall be paid and discharged within 
 " " years from the issue thereof. 
 
 A special fund for the payment of said bonds is to be constituted by the levy of 
 si^ecial assessment taxes upon all land within a district to be known as "road improve- 
 ment district No of the county of ," (and it may be added, 
 
 "and partly by transfer of moneys from county road funds").
 
 Act 1010. g 4 GENEIIAL LAWS. 036 
 
 Such district (as proposed) being all that territory in the county of , 
 
 State of California, within exterior boundaries as follows, to wit : (the 
 
 blank to be filled with a careful statement of the exterior boundaries of the district). 
 
 Notice is hereby given that at the time specified hereinbefore for ordering the work, 
 
 the matter of said road district improvement No will come up for hearing, 
 
 and all objections, which are, under the provisions of said road district improvement 
 act of 1907, entitled to be heard or determined, will then be heard and determined, and 
 the boundaries of said district and grades therein be finally determined and established. 
 
 The (here insert name and character of newspaper), is hereby desig- 
 nated as the newspaper for making publication of this resolution and for making all 
 other publications in the proceeding. 
 
 , a competent person, is hereby appointed superintendent of work with 
 
 eomiDensation at the rate of dollars per diem for days actually spent in 
 
 the performance of duty under this appointment, (or, in lieu of the paragraph last 
 preceding, it may appear, " , a county oflfieer is hereby appointed super- 
 intendent of work without compensation"). 
 
 The foregoing resolution was, on the day of , 191 . . , passed 
 
 by the board of supervisors of the county of , State of California. 
 
 Attest 
 
 Clerk of the board of supervisors of said 
 county of 
 
 By 
 
 Deputy Clerk. 
 Principal and interest. 
 
 The principal and interest of the bonds representing the cost of work done under 
 the provisions of this act, shall be payable in gold coin of the United States of America, 
 and the board of supervisors is authorized to determine the time, not to exceed twenty 
 years, in which bonds issued to represent the cost of the work shall be paid, and to 
 determine the rate, not to exceed seven per cent per annum, of the interest to be paid 
 thereon, which interest shall be payable semi-annually, and to make such bonds in all 
 respects as indicated by the form therefor, in this act hereafter provided. [Amend- 
 ment of May 31, 1917. In effect July 30, 1917. Stats. 1917, p. 1370.] 
 
 Publication of resolution. Copies posted. 
 
 § 4. Such resolution of intention shall be filed, and be published by at least two 
 insertions in the newspaper therein designated, which shall be a newspaper published 
 and circulated in the county, or, if there be no such newspaper, then in any newspaper 
 designated by said board of supervisors in such resolution. Printed copies of such 
 resolution, headed, "notice of road district improvement," such heading to be in letters 
 not less than one inch in length, shall be, by the superintendent of work, or by some 
 person appointed by him for the purpose, posted along the line of the Avork described 
 in said resolution, at not more than one hundred feet in distance apart, but not less 
 than three in all. 
 
 Power to proceed. 
 
 Affidavits in proof of such publication and posting shall be filed with the clerk of 
 the board of supervisors. When, before the day of the hearing specified in the resolu- 
 tion of intention, twenty days have elapsed since the posting and the first publication 
 (they need not be simultaneous) of the resolution of intention, the board of supervisors 
 shall have acquired power to proceed with such hearing and to take all other action in 
 the proceeding as is in this act authorized. 
 
 I 
 
 A
 
 957 HIGHWAYS. Act 1910. §§ 5, tt 
 
 Evidence of facts. 
 
 The determination of the board of supervisors to proceed with such hearing, whether 
 evidenced by an express declaration or by its proceedings to make other determinations 
 at such hearing, shall be presumptive evidence, at least, of the existence of all the 
 facts upon which the power of the board to proceed depends, except such as are re- 
 quired to appear of the record in the proceeding, and except, also, in so far as such 
 presumption is rebutted by the record in the proceeding. [Amendment of May 31, 1917. 
 In effect July 30, 1917. Stats. 1917, p. 1372. J 
 
 Objections to work. 
 
 $ 5. At any time before the day in the resolution of intention specified for ordering 
 the work and the hearing of the matter, any owner of land within the boundaries of the 
 district as set forth in said resolution, may, severally or with other such owners, file 
 with the clerk of the board of supervisors written objection to the ordering of the 
 work, as an entirety and not merely to some part thereof, as described in the resolution 
 of intention. 
 
 If upon said hearing it appears that a majority of the owners of land within the 
 district, as set forth in the resolution of intention, have so in writing made objection 
 going to the entirety of the work described in the resolution of intention and to the 
 ordering of the same, the board of supervisors shall, by a resolution, to be entered in 
 its minutes, so find; and thereupon such board shall have no power to proceed further 
 under said resolution of intention, or to pass any resolution of intention for doing the 
 same work, during a period of one year, next after the time of such finding; and the 
 accrued costs of the proceedings shall be a charge upon the county. But if the fact be 
 that a majority of the owners of land lying within the district, as set forth in said 
 resolution of intention, have not so in writing made objection going to the ordering 
 of the work, as an entirety, the board of supervisors shall so find, and thereupon pro- 
 ceed with the hearing; but such finding need not then be in writing and may, for the 
 purpose of proceeding with the hearing, be a mere announcement of the board, to be 
 noted in the minutes by the clerk. 
 
 At the conclusion of the hearing, however, the said finding shall, severally or with 
 other determinations of the board, be made in writing to be filed and entered upon the 
 minutes of the board. 
 
 Owners of land within the meaning of this section are those and those only, who 
 appear to be such upon the records in the recorder's ofiice of the county in which the 
 district is situated, on the day before the day for said hearing, and an executor or 
 administrator shall be deemed representative of his decedent, and a trustee of an 
 express trust in land other than as security for the payment of money, of the land held 
 in such trust, and a trustee in bankruptcy, of the bankrupt. 
 
 Next after in order of hearing, the board shall proceed to hear such objections as 
 may be made to the grades specified in the specifications. 
 
 Thereafter, in the order of the hearing shall be heard such objections as shall be 
 made to the boundaries of the district as set forth in the resolution of intention. 
 Objection to the grades or to the boundaries of the district may be made by an owner 
 of land lying within the district upon the hearing without any written statement of 
 the same. 
 
 The hearing may be continued from time to time by the board of supervisors by an 
 order to be entered in the minutes of the board. 
 
 Declaration of findings. 
 
 \ 6. Unless the power to proceed shall have ceased, as hereinbefore provided, the 
 board of supervisors shall in conclusion of the ai'oreiut'iitioiied hearing, and as a suffi- 
 cient determination of all questions arising thereat, by resolution or resolutions to be
 
 Act 1910, § 7 GENERAL LAAVS. 958 
 
 entered upon its minutes, declare its finding that a majority of the owners of land 
 within the district described in the resolution of intention have not before the day of 
 the hearing filed written objection, going to the ordering of the work to be done, and 
 determining the boundaries of the district to be benefited by the improvement, and the 
 grades thereon. If no changes be made in the boundaries of the district as the same 
 are set forth in the resolution of intention, it shall be sufiScient to state that the bound- 
 aries of the district are those set forth in the resoluion of intention, but if any change 
 of such boundaries is made, the boundaries of the district, as finally determined, shall 
 be fully set forth. 
 
 Grades and boundaries determined. 
 
 If no change be made as to the grades, as set forth in the specifications on file, it 
 shall be sufficient to state that the grades of the same, as finally determined, are those 
 set forth in such specifications. In either case, the boundaries of the district so deter- 
 mined shall be the boundaries of the district for all purpose [s] of the proceeding and 
 until any bonds to be issued for the cost of the work shall have been fully paid and 
 discharged; and the grades so determined shall be the grades of the district for all the 
 purposes of the proceeding and the "official grade" within the meaning of section one 
 of this act; provided, however, that the boundaries of the district, as the same are set 
 forth in the resolution of intention, shall not be so changed as to include within the 
 district any territory not within its boundaries as set forth in that resolution, nor 
 so that the place or locality of any work described in such resolution of intention shail 
 be excluded from the boundaries of the district as so finally determined. 
 
 Time for receiving bids. 
 
 In like manner the board of supervisors may order the work to be done, and if H 
 so do, shall fix a time for receiving proposals or bids for doing the work, and direct 
 the clerk to give notice accordingly, inviting sealed proposals or bids. Such notice 
 shall include a statement that the work is to be done "under the provisions of the 
 Road District Improvement Act of 1907," and according to the specifications on file 
 therefor, except in so far as the grades specified therein shall have been fixed otherwise 
 by the board of supervisors in conclusion of the hearing in said act provided; to which 
 said act, to the resolution of intention and all proceedings had thereunder the intention 
 of bidders is hereby directed, and by this reference made a part of this notice. [Amend- 
 ment of June 10, 1915. In effect August 9, 1915. Stats. 1915, p. 1395.] 
 
 Publication of notice inviting bids. 
 
 § 7. The notice inviting sealed proposals or bids shall be published by at least two 
 insertions in the newspapers designated in the resolution of intention and, not neces- 
 sarily simultaneously, a copy or copies of the same be posted and kept posted for five 
 days, at or near the chamber door of the board of supervisors. All proposals or bids 
 shall be accompanied by a check, payable to the order of the presiding officer of the 
 board of supervisors, certified by a responsible bank for an amount not less than ten 
 per cent of the aggregate of the proposal or bid, or by a bond for said amount running 
 to the presiding officer of the board of supervisors, signed by the bidder, with two 
 sureties qualifying each in said amount over and above all statutory exemptions before 
 an officer competent to administer an oath. 
 
 Consideration of bids. 
 
 Said proposals or bids shall be delivered to the clerk of said board, and said board 
 shall, in open session, examine and declare the same, but no proposal or bid shall be 
 considered unless accompanied by said check or such bond in terms satisfactory to the 
 board. The board may reject any and all proposals or bids should it deem this for the 
 
 1
 
 959 HIGHWAYS. Act 1910, §§ S. 9 
 
 public good, and shall reject all proposals or bids other than the lowest regular pro- 
 posal or bid of any responsible bidder, and may award the contract for said work to 
 the lowest responsible bidder at the price named in his bid. 
 
 Notice of award to be published. 
 
 A notice of such award, attested by the clerk of the board of supervisors, shall be 
 published two days and posted for five days in the same manner as hereinbefore pro- 
 vided with respect to the notice inviting proposals or bids. 
 
 Bonds accompanying bids. 
 
 The check or bonds accompanying such accepted proposals or bids shall be kept by 
 the clerk of said board until the contract for doing said work, as hereinafter provided, 
 has been entered into. If said bidder fails, neglects or refuses to enter into the con- 
 tract for said work, as hereinafter provided, then the certified check accompanying 
 his bid, and the amount therein mentioned, shall be declared forfeited to the county, 
 and may be collected by it and paid into its road fund, and any bond forfeited may be 
 prosecuted, and the amount thereof collected and paid into said fund. 
 
 Successful bidder to pay for advertising. 
 
 Before being entitled to a contract the bidder to whom the award thereof has been 
 made must advance and pay to the clerk of the board of supervisors, for payment by 
 bim the costs and expenses of publishing and posting resolutions, notices and orders 
 required under this act to be made, which have been made, given, posted or published 
 in the proceeding. [Amendment of May 31, 1917. In effect July 30, 1917. Stats. 
 1917, p. 1373.] 
 
 Owners may file notice of irregularity. 
 
 § 8. At any time within ten days from the date of the first publication of the notice 
 of award of contract any owner of, or other person having any interest in any lot or land 
 within the boundaries of the assessment district who claims that any of the previous 
 acts or proceedings relating to said improvement are irregular, defective, erroneous or 
 faulty may file with the clerk of the board of supervisors a written notice specifying 
 in what respect said acts and proceedings are irregular, defective, erroneous or faulty. 
 All objections to any act or proceedings prior to the first day of publication of the 
 aforesaid notice of award in relation to said improvement not made in writing, and in 
 the m.anner and at the time aforesaid, shall be waived. It is the intent of this section 
 that any person failing to file such notice within the time specified shall be deemed to 
 have intentionally waived every objection to the regularity or validity of such acts or 
 proceedings. If, for fifteen days after the first publication of said notice of award, the 
 bidder to whom the contract was awarded, fails, neglects or refused to enter into the 
 contract, the board of supervisors may direct the clerk of the board to give notice 
 inviting sealed proposals and bids and thereupon the board shall proceed as in the 
 first instance, and as in the case of the default of the first awardee, so also in the event 
 of the second. [Amendment of June 10, 1915 In effect August 9, 1915. Stats. 1915, 
 p. 1396.] 
 
 Terms of contract. Bond of contractor. 
 
 § 9. The presiding officer of the board of supervisors is hereby authorized, in the 
 name of the county to execute the contract with the awardee of the same, and to receive 
 and approve all bonds by this act required on the part of such awardee, and shall, by 
 the terms of said contract, fix the time for the beginning of the work, which shall not 
 be more than twenty days from the date thereof, and the contract shall provide that 
 the work be prosecuted with diligence until completed, and a time for such completion 
 shall be in the contract fixed, but such time of completion may be extended from time
 
 Act 1010, § Oa GENERAI. LAWS, 
 
 to time by the board of supervisors, in its discretion, and by resolution, which shall be 
 entered by the clerk in the minutes of said board, a copy of which shall be b}' said clerk 
 indorsed upon or annexed to the contract. 
 
 Before entering upon such contract, a bond shall be executed and filed, running to the 
 county, in an amount not less than one-half of the contract price of the work, signed 
 by the contractor and two or more sureties, who shall aggregately, unless surety com- 
 panies, qualify before an officer entitled to administer the oath in a sum equal to the 
 amount of the bond, each surety in the amount for which he becomes surety. Such 
 bond shall be conditioned for the faithful execution of the contract by the party con- 
 tracting to do the work, and the payment by him for all labor and materials furnished 
 for or in the doing of the Avork. The form and sufficiency of said bond shall be passed 
 upon by some member of the board of supervisors, and such bond shall inure as well 
 to the benefit of any and all persons furnishing labor or materials for the work as to 
 the county. 
 
 Said contract shall undertake on behalf of the county that the board of supervisors 
 will, upon the fulfillment and performance of the contract on the part of the con- 
 tractor, and under the provisions of the "Road District Improvement Act of 1907," take 
 all steps, in or by said act authorized to be taken, to effect the issuing by the county 
 treasurer of the bonds in said act authorized to be issued, and provide a fund for the 
 paj^ment of the same, as in or by said act prescribed; and it shall be in such contract 
 stated that in no case shall the county be liable under the contract, nor any officer 
 thereof be thereunder holden except for the discharge of official duty under the law. 
 
 If contractor fails to carry out contract. 
 
 § 9a. If the contractor shall fail to begin in good faith the work provided for in said 
 contract within the time in said contract set forth, or shall fail thereafter to prosecute 
 said work in a workmanlike and diligent manner, or shall fail in any other respect to 
 carry out the terms of said contract, then the board of supervisors shall cause written 
 notice to be served upon said contractor, specifying the particular or particulars in 
 which he fails to fulfill the requirements of said contract and if for a period of three 
 days thereafter said contractor shall fail to remedy the defects set forth in said notice, 
 and to prosecute said work thereafter with diligence and in a workmanlike manner, 
 then the board of supervisors shall either take over said contract and complete said 
 work, or shall relet said contract, without the necessity of advertising for bids, and 
 cause the work to be completed, and shall declare the bond given by said contractor 
 forfeited and order suit brought thereon, and all moneys collected therefrom shall be 
 paid into the general road fund of the county. 
 
 Action to recover on bond. 
 
 If the contractor shall fail to pay for any labor or material furnished for, or in the 
 doing of said work, by any person, such person shall have and hold a lien against the 
 bonds to be issued to cover the cost and expenses of said work. Such person may at 
 any time prior to the issuance of said bonds file with the county treasurer a verified 
 sitatement of the fact that he has not been paid for such labor or material. The county 
 treasurer shall withhold from the contractor or any one claiming under him as assignee 
 or otherwise, sufficient of said bonds to satisfy such claim, and costs which can reason- 
 ably be anticipated. Such claimant, if he so elects, and if he has not received the said 
 bonds, may as an alternative, at any time within six months after the filing of such 
 statement bring an action on the bond of the sureties in his own name, or if he has 
 assigned his claim, the action may be brought in the name of the assignee; provided, 
 however, that the right of the county to recover on said bond shall be superior to the 
 rights of such claimant to recover thereon. [Amendment of May 15, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 558.] 
 
 This section was added May 31. 1917, Stats. 1917, p. 1373. 
 
 J
 
 961 niGHW'AYS. Act 1810, § 10 
 
 When work is completed, declaration to be filed. Notice of hearing whether work shall 
 be accepted. Hearing. 
 
 5 10. As soon as may be done in good faith, there shall be filed with the clerk of the 
 board of supervisors a declaration that the work has been completed according to the 
 contract, together with an itemized statement of all the incidental costs and expenses 
 of the work and the proceeding inclusive of the estimated cost of publishing the notice 
 of final hearing hereinafter mentioned. 
 
 The aggregate of such items shall be stated, and, also, the amount due as of the 
 contract price; and also the gross sum for a bond issue representing the entire amount 
 thereof, as claimed by the contractor. The said declaration and statements shall be 
 signed and verified by the superintendent of work, and by the contractor or some person 
 cognizant of the facts, signing on behalf of the contractor, and stating why he, instead 
 of the contractor, so signs and verifies. Either signer may except from his signature 
 and verification any amount or item to which he does not assent. 
 
 The presiding officer of the board of supervisors is hereby authorized to fix a time 
 and give notice for a hearing for the purpose of determining whether the work shall 
 be accepted as being completed according to the contract, and for determining the 
 aggregate amounts for which bonds shall be issued representing the total cost of the 
 work, and the amount of the incidental costs and expenses of the work, and the pro- 
 ceedings which is to be charged to and paid by the contractor. 
 
 Such hearing shall be known as the final hearing. The notice of such hearing may, in 
 form, and shall, in substance be (filling the blanks) as follows: 
 
 Notice of Final Hearing. 
 In the Matter of Road District 
 
 Improvement No. 
 
 Notice is hereby given that a final hearing of the above named matter will be bad 
 
 at the hour of m. on the day of , 19 — , at the chamber of the board of 
 
 supervisors of the count}' of , State of California, for the purpose of determining 
 
 whether the work done under the contract made with under Resolution of Intention 
 
 No. in Road Improvement District No. of the county of shall be accepted 
 
 as being performed according'to the contract, and for determining the aggregate amount 
 for V hieh bonds shall issue representing the cost of such woi'k, inclusive of the inci- 
 dental costs and expenses of the work and the proceeding, of which a statement has 
 
 been filed with the clerk of said board of supervisors of the county of , to which 
 
 statement the attention of all persons interested is hereby directed. 
 
 ^— of the Board of Supervisors 
 
 of the county of 
 
 Attest : 
 
 Clerk of said Board of Supervisor 
 
 By 
 
 (If so the fact be.) Deputy Cler4 
 
 Such notice shall be signed by the presiding officer of the board of supervisors an4 
 attested by the clerk of the board of supervisors and published by at least two inser- 
 tions in the newspaper designated in the resolution of intention, and copy or copies 
 thereof, posted and kept posted for two days at or near the chamber door of the board 
 of supervisors, the first day of such publication and that of such posting (they need not 
 be simultaneous) to be not less than five days before the day in said notice specified for 
 the hearing. 
 
 Proof of such publication shall be made by aflidavit or affidavits, and the same shall 
 be filed. If a quorum be not present at the time in the notice specified for the hearing, 
 
 0«n. Laws — fil
 
 Act 1010, e 11 GENERAL LAWS. 900 . 
 
 a member or members of the board then present may continue the hearing from day 
 to day, and at all stages thereof the hearing may, by resolution, to be entered in the 
 minutes, be continued from time to time. 
 
 At any time before the day in said notice specified for the hearing, any owner of prop- 
 erty not exempt from taxation within the district, as finally established, may solely or 
 with any other such owner or owners, file written objection to the acceptance of the 
 work on the ground that the work has not been completed or done according to the 
 contract, specifying in ordinary language the particulars in which the contract has not 
 been so completed or done. 
 
 Any person interested in the proceeding, as of the interest of the contractor, shall 
 be presumed to take issue with such objection, and be heard accordingly. 
 
 Questions going to the incidental costs or expenses of the work or the proceedings 
 may be raised orally by any owner of property not exempt from taxation, situated within 
 the district. 
 
 Evidence may be adduced going to any of the matters to be determined, and in such 
 order as the board may summarily direct. 
 
 If, when the matter has been fully heard, whether under or in the absence of objec- 
 tions, the board of supervisors is of the opinion that the work has not been completed or 
 done according to the contract, it shall in writing, specify what must be done in order 
 to complete the work, and shall, by an order or resolution to be entered in its minutes, 
 continue the further hearing of the whole matter to a specified day, expressly stating 
 that such continuance is for the purjiose of enabling the contractor to complete his 
 contract. 
 
 On said continued hearing the objections filed before the day of the first hearing shall 
 continue in force as against the work, and evidence be received, if offered, as to wliat 
 has been done by way of completing the contract in the particulars specified iu the 
 order of the board on the said continuance of the hearing. 
 
 If, upon such continued hearing, it is the opinion of the board that the work is still 
 uncompleted, in the particulars as to which it was ordered to be completed, it shall be 
 discretional with said board to order or refuse a second continuance of the hearing. 
 If the board do order such second continuance, it shall be ordered in the same manner 
 and with like effect as provided aforesaid, upon the first continuance. 
 
 And as provided aforesaid for a second continuance so of any other or further con- 
 tinuance. 
 
 Objections to any item of incidental costs and expenses, shall pend and be hoard on 
 said day, or at any continued hearing had, as in this section aforesaid provided. 
 
 Every continuance of said hearing for the purposes of enabling the contractor to 
 complete his contract or the work shall continue or revive such powers of the board to 
 supervisors had, under the provisions of this act, in the proceeding, at the time of the 
 filing of the contractor's declaration that the work was completed, as provided afore- 
 said, and also operate to extend the time for the completion of said contract in such 
 manner that its completion within the time to which the hearing is continued, shall be 
 as valid performance of such contract as if completed at the time of filing such declara- 
 tion or statement. 
 
 Resolution of acceptance. Decision final. 
 
 § 11. Whenever upon the hearing in section 10 aforesaid provided, whether at the 
 first or any continued hearing, it shall be the opinion of the board of supervisors that 
 the work has been completed and done according to the contract, said board .shall by 
 resolution to be entered upon its minutes so declare, and that the work is accepted, and 
 shall in said resolution state the amount of the contract price for the doing of the 
 
 i
 
 003 HIGHWAYS. Act 1010, g lU 
 
 work specified and performed, and the amount of the incidental costs and expenses of 
 the work and proceedings which are to be charged against and to be paid by the con- 
 tractor and the aggregate amount for which bonds are to be issued as hereinafter pro- 
 vided, inclusive of said contract price and said incidental costs and expenses. The 
 decision and determination of said board of supervisors at the hearing provided for 
 in section 10 hereof shall be final and conclusive as to all matters determined at said 
 hearing, and as to all errors, informalities, irregularities, or omissions which said 
 board of supersdsors might have avoided or remedied during the progress of the pro- 
 ceedings, or which it can at that time remedy, upon all persons entitled to be heard 
 before said board on said matters, and no assessment or tax thereafter levied for the 
 payment of the bonds to be issued for said work and expenses shall be held invalid by 
 any court for any error, informality, omission or other defect in the proceedings where 
 the resolution of intention has been actually published as in this act provided, before 
 the said board shall have ordered the work to be done. [Amendment of June 10, 1915. 
 In effect August 9, 1915. Stats. 1915, p. 1396.] 
 
 Bonds to be issued in road districts. 
 
 § 12. Upon the expiration of twenty days from the making of the final order men- 
 tioned in section eleven of this act, the clerk of the board of supervisors shall transmit 
 to the county treasurer of the county an attested copy of said final order, and upon 
 receipt of the same the treasurer shall proceed to issue bonds amounting in the aggre- 
 gate to the principal sum for which bonds are to be issued as the same is stated in said 
 final order. Said bonds, when issued, shall be dated as of the day when said final order 
 of the board of supervisors was made. A bond may be issued in any amount, provided 
 that the aggregate of the bond or bonds made payable in any one year is the proper 
 part of the whole principal of the bond issue as specified in said final order, and that 
 the interest thereon shall be payable as hereinafter provided. The said bonds may in 
 form and shall in substance be as indicated following, to wit : 
 
 Road district improvement bond. 
 
 ROAD DISTRICT IMPROVEMENT BOND. 
 
 County of , State of California, 
 
 Road Improvement District No 
 
 $ Bond No 
 
 Under and by virtue of an act of the legislature of the State of California, known 
 as the "road district improvement act of 1907" (here may be inserted a further desig- 
 nation of the act, if desired) the county of , State of California, 
 
 will pay to the bearer, out of the fund hereinafter designated, at the office of the treas- 
 urer of the said county, on the day of , 19 , the sum 
 
 of dollars in gold coin of the United States of America, 
 
 with interest thereon, in like gold coin at the rate of per cent per annum, pay- 
 able semiannually on the second day of January and the second day of July of each 
 year from the date hereof (except the last installment thereof, which shall be payable 
 at maturity of this bond) upon presentation and surrender, as they respectively become 
 due, of the proper interest coupons hereto attached, the first of which is for interest 
 from date hereof to the next date of interest pajinent, and the last for interest to 
 maturity hereof from the last preceding date of interest paj'ment. 
 
 This bond is issued under and in conformity to the provisions of the above mentioned 
 "road district improvement act of 1907" and the amendments thereof, and is one of a 
 
 series of bonds of like date and effect numbered from one to consecutively^ 
 
 amounting in the aggregate to dollars, issued in behalf of road 
 
 improvement district number of said county. which constitute the only 
 
 indebtedness of said district. It is hereby certified, recited and declared that all pro-
 
 Act laiO GENERAL LAWS. 004 
 
 ceedings, acts and things required by law precedent to or in the issuance of this bond 
 have been regularly had, done and performed, and this bond is by law made conclusive 
 evidence thereof. 
 
 This bond is payable out of road district improvement fund number 
 
 exclusively, as the same appears on the books of the treasurer of said county, and 
 neither said county nor any officer thereof shall be holden for its payment otherwise; 
 but in accordance with said act the board of supervisors of said county will annually, 
 at the time of levying other taxes, levy upon all the land in said road improvement dis- 
 trict a special assessment tax in an amount clearly sufficient to pay the principal and 
 interest of said bonds as the same shall become payable. 
 
 In witness whereof said county has caused this bond to be signed by the chairman of 
 its board of supervisors and countersigned by its treasurer and the seal of said board 
 to be hereto affixed and said interest coupons to be signed by the said treasurer this 
 day of ,19 
 
 Chairman of the board of supervisors of the county of 
 
 [Seal of board of supervisors.] 
 
 Countersigned : 
 
 Treasurer of the county of 
 
 Signatures on bonds. 
 
 Said bonds shall be signed bj' the chairman of the board of supervisors and counter- 
 signed by the treasurer of the county, and shall have the seal of said board of super- 
 visors thereto affixed, and when so signed shall be binding according to the terms 
 thereof as prescribed in said form. The interest coupons attached to said bonds shall 
 be in such form as the said treasurer may determine, subject to the provisions of this 
 act and the determination made by the board of supervisors, and their signature by 
 said treasurer alone, by either written or lithographed or printed facsimile signature, 
 shall be sufficient. Said bonds shall be delivered by the said treasurer to said con- 
 tractor or to his order, assignee, or lawful representative. 
 
 Life of bonds. Interest. 
 
 The board of supervisors is hereby vested with power to determine the number of 
 years, not to exceed twenty, within Avliich the aggregate principal of bonds to be issued 
 under this act shall be paid and discharged, and to fix the rate of interest, not to 
 exceed seven per cent per annum, to be paid thereon, and it shall be a sufficient deter- 
 mination and fixing of the same to set forth in the resolution of intention that bonds 
 will issue for the work, in any terms that will fairly indicate such time and such rate 
 and the fractional part of the principal to be paid each year, which part shall be the 
 same for each of the years covered by the bond issued. 
 
 Interest payments. 
 
 The interest payments on said bonds shall be payable semi-annually on the second 
 days of January and July of each year (except the last installment, which shall be 
 payable at maturity of the bonds) in the manner indicated in said form of bond, and 
 the interest and principal shall be payable at the office of the county treasurer in gold 
 coin of the United States of America; but it shall not be necessary, either in the reso- 
 lution of intention or otherwise, to set forth or determine the days of the month on 
 which payments of interest are to be made, nor that payments shall be made in such 
 gold coin, nor that payments shall be made at such treasurer's office, but all persons 
 are charged with notice of the contents of this section, especially in the aforesaid par- 
 ticulars. [Amendment of May 10, 1919. In effect July 22, 1919. Stats. 1919, p. 516. J 
 
 This section was also amended June 10, 1915, Stats. 1915, p. 1397. 
 
 1 
 
 i
 
 06S HIGHWAYS. Act 1910, §§ 13, 13a 
 
 Evidence of regularity. 
 
 $ 3.3. Said bonds by their issuance shall be conclusive evidence of the regularity of 
 all proceedings prior thereto under this act, and after the same are issued, no tax levied 
 or collected for the purpose of paying the principal or interest on said bonds shall be 
 held to be illegal or set aside or refunded by reason of any informalitj', irregularity, 
 omission or defect in any of the proceedings prior to the issuance of said bonds, nor 
 shall any action be maintained to cancel or set aside said bonds, or to prevent the pay- 
 ment thereof, or the levy or the collection of a tax for such payment. 
 
 Special fund. 
 
 A special fund to be named "road district improvement fund No " (the 
 
 number to be that of the district) for the discharge and payment of such bonds and 
 the interest thereon, shall be constituted as follows, to wit: There shall each year at 
 the time of the general tax levy for state and county taxes, be levied against and upon 
 all of the land (not including improvements) within said road improvement district 
 
 No , (being the district established and bounded in the order ordering the 
 
 work to be done) a special assessment tax, in an amount clearly sufficient, together 
 with any moneys which are or may be in said fund to pay all the principal whi<h has 
 become or will become due, and all interest which has become or will become payable, 
 on said bonds, before the proceeds of another tax levy made at the time of the general 
 tax levy for state and county purposes, can be made available for the payment of 
 such bonds. 
 
 Transfer from general fund. Levy of special tax. 
 
 The board of supervisors shall annually, at the time of making the said tax levy, 
 transfer from the general road fund of the county to said road district improvement 
 fund No , such amount as in the judgment of said board is a fair propor- 
 tion of the said general road fund. 
 
 In any event it shall be the duty of said board of supervisors to levy a special 
 assessment tax upon all lands within said road district, sufficient to pay the principal 
 and interest of said bonds as the same shall become payable, and the board of super- 
 visors is hereby vested with power to do all and singular the things which in this section 
 aforesaid it is declared shall be done. Whenever any of said bonds or any interest 
 thereon shall become due and there shall not be sufficient money in said road district 
 improvement fund to pay same, the board of supervisors may, pending the levy and col- 
 lection of a tax therefor, order the amount of money necessaiy to pay the bonds or 
 interest so falling due, to be transferred from the general fund to said road district 
 improvement fund, and the amount of money so transferred shall be deemed a loan to 
 said road district improvement fund, and shall be repaid to the general fund from the 
 first money coming into said road district improvement fund thereafter. The special 
 assessment taxes provided for herein shall be levied and collected in the same mode and 
 manner and by the same officers as the ordinary county taxes, and all laws applicable 
 to the levy, collection and enforcement of such county taxes, are hereby made applicable 
 to said special taxes. [Amendment of June 10, 1915. In effect August 9, 1915. Stats. 
 1915, p. 1399.] 
 
 Materials furnished to contractor. 
 
 ^ 13a. The board of supervisors, by a four-fifths vote, may adopt a resolution setting 
 forth that the improvement to be made is of more than local importance, and that all 
 or a portion of the materials needed for the improvement are to be purchased and fur- 
 nished to the contractor and paid for out of the general road fund or out of the fund 
 of the road district in which the improvement lies, or if it lies in two or more road 
 districts, out of the funds of such districts in a proportion to be determined by the
 
 Act 1010, § 14 GENERAL, LAWS. 060 
 
 board of supervisors, and may thereupon purchase and furnish to the contractor such 
 materials, and pay for the same in the manner set forth in said resolution; provided, 
 however, that no material shall be furnished the contractor unless the specifications 
 contain a statement of the kind and amount of the material to be furnished, and only 
 in the amount and of the kind set forth in said specifications. [New section added 
 May 31, 1917. In effect July 30, 1917. Stats. 1917, p. 1374.] 
 
 $ 14. The board of supervisors is hereby vested with power as follows, to wit : 
 Engineer of work. 
 
 1. To appoint, at any stage of the proceeding before calling for proposals or bids, 
 any competent engineer, to be designated "engineer of work," for the purpose of doing 
 and furnishing all the civil engineering work or services, surveying and similar work 
 and services necessary to the proper doing of the work. His compensation or at least 
 the rate or some basis for computing the same shall be fixed and stated in the order of 
 his appointment, which said order shall be entered in the minutes of the board; pro- 
 vided, any county oflScer may be appointed as such engineer without compensation. 
 
 Superintendent of work. 
 
 2. To appoint, in and as a part of the resolution of intention, any competent person 
 to be designated "superintendent of work," whose duty it shall be to perform the 
 services for him in this act prescribed or indicated, and to have the general actual 
 supervision of the work. His compensation shall be fixed at the time and in the reso- 
 lution of his appointment at a per diem not to exceed five dollars for all time actually 
 devoted to the work; provided, any county officer may be appointed as such superin- 
 tendent without compensation. 
 
 Specifications. 
 
 3. To designate any competent person for the purpose of preparing and furnishing 
 the specifications required by section two of this act, and with such designation to fix 
 his compensation, or some basis for computing the same, or to appoint any county 
 officer of the county without compensation. 
 
 4. To appoint and designate other competent persons in the places respectively of 
 the persons so originally appointed, with compensation, so far as practicable, propor- 
 tionately the same as fixed for the original appointee, and to appoint such additional 
 persons as may be needed to carry on said work; and to fix their compensation which 
 shall be a charge against the district. 
 
 Not charge against county. 
 
 No part of such or any compensation for said officers or employees, or for services 
 rendered by any of them shall be a charge against the county or any officer thereof; 
 except that for furnishing specifications and posting the resolution of intention the 
 county shall be liable in case the proceedings cease or are abandoned, before the award 
 of the contract; provided, however, that whenever any county officer is appointed to 
 any of the positions hereinabove mentioned without compensation, the actual and nec- 
 essary expenses incurred under his supervision, including the compensation of other 
 persons, made necessary by the duties of such positions shall be a charge against the 
 county but shall be repaid to the county by the contractor as in the following section 
 provided. 
 
 Supervisors ineligible. 
 
 No member of the board of supervisors shall be eligible to appointment to any office, 
 position or employment under this act, except as county officer without pay. [Amend- 
 ment of May 31, 1917. In effect July 30, 1917. Stats. 1917, p. 1375.] 
 
 This section was also amended March 28, 1911, Stats. 1911, p. 506.
 
 807 HIGHWAYS. Act 1010, 8§ 15-18 
 
 Costs paid by contractor. 
 
 $ 15. All the costs and expenses of the proceeding, inclusive especially of the com- 
 pensation of the person appointed to furnish the specifications, of the superintendent of 
 work, of the engineer of work, of the cost of all publications under this act required to 
 be made, shall be chargeable to and paid by the contractor, and they shall have been 
 paid before delivery of the bonds shall be made by the county treasurer; provided, 
 however, that if said costs and expenses are not paid within ten days after notice given 
 that said bonds, excepting such number thereof as may be withheld to satisfy claims 
 filed as hereinabove provided are ready for delivery, a sufficient number of said bonds 
 may be sold at not less than ninety-five per cent of their face value to fully satisfy said 
 costs and expenses, any surplus over said costs and expenses obtained by such sale to be 
 paid to said contractor; provided, further, that the county treasurer may make delivery 
 of such bonds, if there be deposited with him, subject to the order of the board of super- 
 visors, money to the amount of the costs and expenses chargeable to the contractor as 
 the same is stated in the attested order of the board of supervisors, provided for in 
 section twelve of this act. The contractor and all persons claiming under him any 
 interest in said bonds, whether of ownership, lien or otherwise, shall be deemed to have 
 notice of the contents of this section. [Amendment of May 31, 1917. In effect July 30, 
 1917. Stats. 1917, p. 1376.] 
 
 Adjustments with contractor. 
 
 § 15V2- Whenever a contractor pays into the county treasury an amount larger or 
 smaller than that actually due for incidental or preliminary expenses, the di££ei*ence 
 thus arising shall be adjusted by transfers from or to the interest and sinking fund 
 of the district for which the payment was made, to or from the proper fund of the 
 county. [New section added May 27, 1919. In effect July 27, 1919. Stats. 1919, 
 p. 1336.] 
 
 Place of publication may be changed how. 
 
 $ 16. If publication in the newspaper designated in the resolution of intention 
 become impossible for the reason that such newspaper has ceased to be published or 
 for any like reason, which renders publication therein impossible, the board of super- 
 visors may, by a resolution to be entered in its minutes, and stating the facts, designate 
 another newspaper for each required publication as occasion therefor arises. 
 
 All papers to be filed with county clerk. 
 
 $ 17, All papers in a proceeding under this act (save such as thereunder may be 
 returnable to owners) shall be filed with the clerk of the board of supervisors, and 
 by him kept together in a package appropriately labeled. Whenever in this act the 
 term "clerk of the board of supervisors" is employed, it shall be deemed to include 
 one who is, ex officio; such, and it shall be immaterial that he designate himself as 
 county clerk where the county clerk is ex officio clerk of the board of supervisors, nor 
 shall it be material that his act be by deputy. 
 
 Name of act. 
 
 § 18. This act shall be known as the "Road District Improvement Act of 1907," and 
 by such designation shall be sufficiently identified in any proceeding thereunder, and 
 whenever in the resolution of intention it shall be set forth or recited that the proceed- 
 ing is under the "Road District Improvement Act of 1907," this act shall be construed 
 as the paramount statute for such proceeding, independently of, and alternatively for, 
 other statutes for the improvement of public ways not within incorporated cities and 
 towns.
 
 .\<» 4IH0 
 
 GBNBRAL LAWS. 
 
 868 
 
 1. Confltitntlonality. — Aa to constitu- 
 tionality of act. — See Barber, etc., Co. v. 
 Bancroft, 167 Cal. 185, 138 Pac. 742. 
 
 2. Same — Ad valorem assessments. — The 
 
 road district improvement act of 1907 is 
 constitutional, notwithstanding it provides 
 for ad valorem assessments to pay for the 
 improvement rather than an assessment 
 V)ased on benefits. — Thomas v. Pridham, 171 
 Cal. 98, 106, 153 Pac. 933. 
 
 3. Same — Same. — The fact that the as- 
 sessments under the act are based on the 
 value of the property rather than benefits 
 conferred does not render the act uncon- 
 stitutional. — Swall V. Los Angeles County 
 (Cal. App.), 784 Pac. 406. 
 
 4. Same — Failure to make provision for 
 determining benefits. — The act is not un- 
 constitutional for failing to make express 
 provision for determining benefits as a con- 
 dition for including territory in the dis- 
 trict. — Sw^all V. Los Angeles County (Cal. 
 App.), 184 Pac. 406. 
 
 5. Sanje — Publication of notice of hear- 
 ing. — Section 5 of the road district im- 
 provement act of 1907, provides for a hear- 
 ing after due notice by publication to all 
 joarties concerned. — Thomas v. Pridham, 171 
 Cal. 98, 107, 153 Pac. 933. 
 
 6. Same — Same. — Section 5 of the act 
 provides an opportunity for the property 
 owner to make objections, and the act ia 
 not unconstitutional for a failure to al- 
 low the property owner a hearing. — 
 Swall V. Los Angeles County (Cal. App.) 
 184 Pac. 406. 
 
 T. Same — Title—Subject of oiling and 
 paving streets. — The matter of oiling and 
 paN'ing streets is strictly germane to the 
 general subject of the act as expressed in 
 the title. — Hunt v. Manning, 24 Cal. App. 
 44, 140 Pac. 39. 
 
 8. Same — Same. — ^The title of the act 
 sufficiently expresses the subject of the 
 legislation and embraces but one subject. — • 
 Hunt v. Manning, 24 Cal. App. 44, 140 Pac. 
 39; McCray v. Manning, 22 Cal. App. 25, 
 133 Pac. 17. 
 
 Sa. Construed and applied — Section 1184, 
 Code of Civil Procedure. — Section 1184, 
 Code of Civil Procedure, is not applicable 
 to public work on public highways per- 
 formed under the road district improvement 
 act. — Slayden v. O'Dea (Cal.), 189 Pac. 1066. 
 
 0. Act provides an alternative plan. — 
 Article VII of the charter of Los Angeles, 
 based upon section 7^/^, article XI, of the 
 constitution, does not repeal the road dis- 
 trict improvement act of 1907 (806), in its 
 application to that county, it being clearly 
 the intention of the charter to provide an 
 alternative plan for road improvement. — 
 Thomas v. Pridham, 171 Cal. 98, 102, 153 
 Pac. 933. 
 
 10. 'So denial of hearing to landofvners. 
 — Where it does not appear in a suit to en- 
 join collection of a special assessment to 
 pay bonds issued under the road district 
 improvement act, that the plaintiff land- 
 owners were denied a hearing by the board 
 of supervisors, as the act provides, the 
 court will not interfere with the action of 
 
 the board. — Dillingham v. Welch, 179 Cal. 
 656, 178 Pac. 512. 
 
 11. Jurisdiction of supervisors — Adop- 
 tion of system of road improvement. — If the 
 
 supervisors of a county are not foreclosed 
 by the county charter framed under section 
 T/2, article XI, of the constitution, from 
 resort to the general law in road district 
 improvement, it makes no difference how 
 diverse the two systems of road improve- 
 ment within districts may be. — Thomas v. 
 Pridham, 171 Cal. 98, 103, 153 Pac. 933. 
 
 12. Same — Inclusion of farm lands. — 
 Where owners of farm lands filed no writ- 
 ten protest, or made any objection to the 
 inclusion of their lands in a road improve- 
 ment district, they are deemed to have sub- 
 mitted themselves to the jurisdiction of the 
 board of supervisors in the determination 
 of the question of the necessity for the 
 improvement. — Swall v. Los Angeles County 
 (Cal. App.), 184 Pac. 406. 
 
 13. Same — Same. — It is not an obvious 
 abuse of discretion on the part of the su- 
 pervisors to include farm lands in a road 
 improvement district. — Swall v. Los Angeles 
 County (Cal. App.), 184 Pac. 406. 
 
 14. Same — Abuse of discretion. — When 
 jurisdiction is given a board to pass on the 
 question of benefits, the courts will not 
 disturb their finding, unless there appears a 
 clear and palpable abuse of discretion. — 
 Swall V. Los Angeles County (Cal App.), 
 184 Pac. 406. 
 
 15. Same — Presumption as to benelits. — 
 It will be presumed that the board of su- 
 pervisors determined that all the land in- 
 cluded in the district would be benefited. — 
 Swall V. Los Angeles County (Cal. App.), 
 184 Pac. 406. 
 
 16. Procedure — Resolution of Intention. — 
 The resolution of intention not defective 
 because of indefiniteness in describing work 
 to be done, in view of the fact that it re- 
 ferred to the specifications on file, which 
 were not subject to the same objection. — 
 Dillingham v. Welch, 179 Cal. 656, 178 Pac. 
 512. 
 
 17. Same— Specifications of the ^vork. — 
 As a general rule specifications must defi- 
 nitely and with certainty, describe the man- 
 ner and extent of the work to be done, but 
 the rule has an important exception, that 
 where the details of construction and cost 
 are ascertainable only by doing the work, 
 the matter must be left to be adjusted by 
 the person or board supervising construc- 
 tion. — Dillingham v. Welch, 179 Cal. 656, 
 178 Pac. 512. 
 
 IS. Same — Establishment of grades.— 
 The establishment of grades of streets not 
 to be improved under proceedings provided 
 in this act would not be a part of the 
 "work," and the failure to provide such 
 grades is not fatal to the jurisdiction of the 
 supervisors, under section 2, to pass the 
 resolution of intention. — Dillingham v. 
 Welch, 179 Cal. 656, 178 Pac. 512. 
 
 19. Same — Declaration of completion, 
 verification of. — The failure to verify the 
 declaration of completion of the worlc was 
 a mere irregularity, not affecting the juris-
 
 0C9 HIGHWAYS. Acts 1910a, 1911, § 1 
 
 diction of the board of supervisors to levy district improvement act of 1907, that "con- 
 the tax to meet the bonds Issued. — Billing-- tractors must grade connections with inter- 
 ham v. Welch, 179 Cal. 656, 178 Pac. 512. secting- roads to the satisfaction of the en- 
 
 20. Determination of benefits. — ^The bene- gineer employed by the commission," is not 
 fits from street improvements are not neces- invalid because of indefiniteness of speciflca- 
 sarily confined to property fronting on the tions. — Dillingham v. Welch, 179 Cal. 656, 
 street, and the boundaries of a district or 178 Pac. 512. 
 
 locality benefited by such improvement is a 22. Lien for supplies. — Hay and feed for 
 
 matter for the determination of the board of horses and mules used by a contractor on 
 
 supervisors under this act, and It will be road work under the district improvement 
 
 presumed, in the absence of anything to act are covered by the bond given under 
 
 the contrary to have been correctly deter- the provisions of section 9 of the act, with- 
 
 mlned. — McCray v. Manning, 22 Cal. App. out regard to the presence or absence of 
 
 25, 133 Pac. 17. the word "supplies" in the bond. — Pacific 
 
 21. Contract — Indefiniteness of speciflca- etc., Co. V. Oswald, 179 Cal. 712, 178 Pac. 
 tlons. — A provision in a contract under the 854. 
 
 WORK ON STATE HIGHWAYS BY LOCAL AUTHORITIES. 
 
 ACT 1910a — An act authorizing counties and municipalities to perform street work 
 
 upon highways under the control of the state. 
 
 History: Approved May 3, 1919. In effect July 22, 1919. Stats. 
 1919, p. 138. 
 
 Local improvements on state highway. 
 
 $ 1. The several counties, municipalities and road divisions of this state, within the 
 limits of which may exist a state highway or highways under the jurisdiction and con- 
 trol of the state engineering department, are hereby empowered to do or order to be 
 done on such highways anj' paving, curbing, street work or sewer work authorized by 
 laAv; provided, however, that permission to do any such work shall first be obtained from 
 the state department of engineering and all grades, elevations or curb lines sought to 
 be established or pavement proposed to be constructed by any county, municipality or 
 road division shall first be approved by said engineering department of the state; and 
 provided, further, that in case any existing pavement should be injured as a result of 
 such work, such pavement shall be restored to the satisfaction of said engineering 
 department. 
 
 HIGHWAY LIGHTING DISTRICTS. 
 
 ACT 1911 — An act to allow unincorporated towns and villages to establish, equip and 
 
 maintain systems of street lights on public highways; to provide for the formation, 
 
 government and operation of highway lighting districts; the calling and holding of 
 
 elections in such districts; the assessment, collection, custody and disbursement of 
 
 taxes therein; and the creation of ex-oificio boards of supervisors. 
 
 History: Approved March 20, 1909, Stats. 1909, p. 551. Amended 
 (1) March 23, 1911, Stats. 1911, p. 439; (2) June 4, 1913. lu effect 
 August 10, 1913. Stats. 1913, p. 447. (3) May 29, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 943. (4) June 1, 1917. In effect July 31, 
 1917. Stats. 1917, p. 1521. 
 
 Certain words defined. 
 
 § 1. The words and phrases used in this act, shall, for the purposes of this act, unless 
 the same be contrary to or inconsistent with the context, be construed as follows : 
 
 (1) "Public highways," shall include any highway, county road, state road, public 
 street, avenue, alley, park, parkway, driveway, or public place, in any county, or unin- 
 corporated town or village dedicated to the public and generally used for traffic by 
 the public. 
 
 (2) "Street lights," or "street illumination," shall include any system of illumina- 
 tion by means of street lights using gas, electricity, or other means of illuminaut 
 deemed feasible; such lights to be set upon poles, or suspended in the air.
 
 Act rOll, §§ 2, 3 GE^NCRAIi LAWS. 87d 
 
 Street lights. 
 
 ^ 2. Any unincorporated town or village of this state may establish a highway light- 
 ing district for the purpose of installing and maintaining a system of street lights on 
 public highways, for the better protection of its residents, in accordance with the pro- 
 visions of this act. 
 
 Petition for public highway lighting district. Notice of hearing. Publication. 
 
 Objections. 
 
 $ 3. Upon the application, by petition, of twenty-five or more taxpayers and resi- 
 dents of said town or village presented at a regular meeting of the board of supervisors 
 of the county in which the said town or village is situated, praying for the formation 
 of a public highway lighting district, and setting forth the name and boundaries of the 
 said proposed district, the board of supervisors shall fix a day and hour for hearing the 
 same, and protests of interested parties, not less than twenty-five nor more than thirty 
 days after the date of presentation thereof. The clerk of the board shall thereupon 
 cause notices of the filing and hearing of such petition to be posted in three of the 
 most public places in said district. Said notice shall be headed "Notice of the proposed 
 formation of lighting district ' ' (stating name of the pro- 
 posed lighting district) in letters not less than one inch in length, and shall, in legible 
 characters, state the fact and date of the filing of such petition, the date and hour set 
 for hearing such petition and protests of interested parties, specify the boundaries of 
 the proposed district and refer to said petition for further particulars. The said clerk 
 shall also cause a notice, similar in substance, to be published at least once a week for 
 two consecutive weeks in a newspaper of general circulation printed and published in 
 the county in which the proposed district is located, and designated by said board for 
 that purpose. Said notice must be posted and published, as above provided, at least 
 seven days before the date set for the hearing of said petition. Any person interested, 
 objecting to the formation of said district, or to the extent of said district, or to the 
 proposed improvement, or to the inclusion of his property in said district, may file a 
 written protest, setting forth such objections, with the clerk of said board at or before 
 the time set for the hearing of said petition. 
 
 Hearing. Changes in boundaries. 
 
 The clerk of said board shall endorse on each such protest the date of its reception 
 by him, and, at the time appointed for the hearing above provided for, shall present to 
 said board all protests so filed with him. Said board shall hear said petition and pro- 
 tests at the time appointed, or at any time to which the hearing thereof may be 
 adjourned, and pass upon the same, and its decision thereon shall be final and conclu- 
 sive. If any of such protests be against the extent of said district, or against the 
 inclusion of property in said district, then the board shall have power to make such 
 changes in the boundaries of the proposed district as it shall find to be proper and 
 advisable, and shall define and establish such boundaries, but said board shall not 
 extend the boundaries of said district, nor shall said board modify such boundaries so 
 as to exclude from such proposed district any territory which will be benefited by said 
 improvement, nor shall any territory which will not, in the judgment of said board be 
 benefited by said improvement be included within such proposed district. At the 
 expiration of the time within which protests may be filed, if none be filed, or if protests 
 be filed and, after hearing be denied or the boundaries of the proposed district be 
 defined and established with modifications, as above provided, then said board shall be 
 deemed to have acquired jurisdiction to further proceed in accordance with the provi- 
 sions of this act.
 
 971 HIGHWAYS. Act 1911, §g 4-10 
 
 Order for election. 
 
 The said board of supervisors must, -within thirty days after acquiring jurisdiction 
 to proceed as provided above, by resolution, order that an election be held in the said 
 proposed district for the determination of the question, and shall appoint three qualified 
 electors thereof to conduct said election; which must be held within forty days from 
 the date of the order. [Amendment of May 29, 1915. In effect August 8, 1915. Stats, 
 1915, p. 944.] 
 
 Election to determine proposition. 
 
 $ 4. Said election shall be called by posting notice thereof in three of the most public 
 places in said proposed lighting district, and by publication in a daily or weekly i^aper 
 therein, if there be one, at least once a week for not less than fifteen days. Said notices 
 must specify the time, place and purposes of said election, give the boundaries of the 
 said proposed lighting district; and the hours during which the polls will be kept open; 
 provided that in districts with a population of ten thousand or over, the polls must be 
 opened at 8 o'clock A. M., and kept open until 7 o'clock P. M., and in districts where 
 the population is less than ten thousand, the polls must not be opened before 1 o 'clock 
 P. M., and must be kept open not less than six hours. 
 
 Conduct of election. 
 
 $ 5. Said election shall be conducted in accordance with the general election laws of 
 this state, where applicable, without reference to form of ballot or manner of voting, 
 except that the ballots shall contain the words, "For Lighting District," and the voter 
 shall write or print after said words on his ballot, the woi'd "Yes" or the word "No." 
 
 Who entitled to vote. 
 
 $ 6. Every qualified elector, resident within the proposed district for the period 
 requisite to enable him to vote at a general election, shall be entitled to vote at the 
 election above provided for. 
 
 Canvass of vote. 
 
 § 7. It shall be the duty of the election officers to publicly canvass the votes imme- 
 diately after the close of the election, and to report the result of said election to the 
 board of supervisors within five days subsequent to the holding thereof. 
 
 Duty of supervisors. 
 
 $ 8. If a majority of the votes cast at said election shall be in favor of a lighting dis- 
 trict, the said board of supervisors may, by resolution, establish said lighting district. 
 
 Same. 
 
 § 9. If a majority of the votes cast shall be against the lighting district, the board of 
 supervisors, shall by order, so declare; no other proceedings shall be taken in relation 
 thereto until the expiration of one year from the date of presentation of the petition. 
 
 Evidence of validity. 
 
 § 10. The fact of the presentation of the petition, and the order establishing the 
 lighting district, shall be entered in the minutes of the board of supervisors and shall 
 be conclusive evidence of the due presentation of a proper petition, and that each of 
 the petitioners was, at the time of signature and presentation of the petition, a tax- 
 payer and resident of the proposed district, and of the fact and regularity of all prior 
 proceedings of every kind and nature provided for by this act, and of the existence and 
 validity of the district.
 
 Act 1911, §§ 11, 13 GENERAL LAWS. 
 
 Supervisors to act for lighting districts. Powers and duties. Advertising for bids, etc. 
 
 § 11. The board of supervisors of the county wherein lighting districts have been 
 established under the provisions of this act, shall be and they are hereby designated as 
 and empowered to act as ex officio the board of supervisors of each and all of such 
 lighting districts which may hereafter be established within such county under the pro- 
 visions of this act; serving without compensation; and said boards of supervisors shall 
 be authorized and they are hereby empowered, and it shall be their duty: 
 
 First — To make all rules, regulations and laws necessary for the administration, oper- 
 ation and maintenance of the lighting districts situated within their county. 
 
 Second — To supervise, and plan a system of street illumination for any and all light- 
 ing districts within their county, and to determine and decide upon the kind and manner 
 of illuminant most feasible for the district; but nothing herein shall prevent the board 
 of supervisors from installing and maintaining electric lights on highways in such dis- 
 tricts, and to pay for the same out of the general road fund of the county or district 
 road fund. 
 
 Third — To indicate the placing and installation of the lights and any and all subse- 
 quent additional lights. 
 
 Fourth — To receive bids, award and make contracts with lighting companies to the 
 very best advantage of the district, for the installation and maintenance of poles, wires, 
 lights and other accessories ; and for the supplying of electric current, gas, or such other 
 illuminant as may be determined upon; and for any and all other things that may be 
 necessary to carry out the full meaning and provisions of this act. 
 
 Fifth — To determine the number of employees, if any, necessary to properly care for 
 and maintain the lights; to prescribe their duties and fix their compensation, which 
 said employees shall hold their positions at the pleasure of the board. 
 
 Sixth — Upon the application, by petition, of twenty-flve or more taxpayers and resi- 
 dents of such lighting district, asking for the installation and maintenance of additional 
 lights, which said petition must be filed on or before the first day of September in any 
 year; to immediately estimate the cost of installing and maintaining such additional 
 lights, and to include in the tax levy for the ensuing fiscal year a tax upon the taxable 
 property within such lighting district, at the equalized value thereof for that year, 
 sufficient to pay the cost of installing and maintaining such additional lights; after 
 which to proceed with the installation of such additional lights. 
 
 Seventh — To designate the hours for lighting such districts. 
 
 Eighth — To perform any and all other acts and things necessary or proper to carry 
 out the provisions of this act. 
 
 Ninth — To, within ten days after the establishment of such district, proceed with 
 carrying out the provisions of this act by advertising for bids for installing, caring for 
 and maintaining the lights determined upon; and for suppl3dng the district with all the 
 gas, electricity or such other illuminant as has been determined upon, necessary for 
 operating and maintaining any and all of the lights which have been already installed 
 or which are to be installed within such district. The contract to be awarded to the 
 lowest responsible bidder; provided, however, that the rates to be paid therefor must 
 not exceed in any event the rates paid at that time by said county for highway lighting 
 in other portions of said county. The rates to be paid must not be fixed for a term 
 exceeding five years, and the board of supervisors must reserve the right to abrogate 
 such contract whenever gas or electric current is offered to be supplied at two-thirds 
 of such fixed contract price. [Amendment approved June 4, 1913. Stats. 1913, p. 447.] 
 
 Prior light, maintenance. 
 
 § 12. If prior to the formation of a lighting district any lights have been maintained, 
 by public subscription or paid for out of the district road funds, within any territorv
 
 »73 HIGHWAYS. Act 1011, §8 13-16 
 
 which subsequently forms itself into a lighting district under the provisions of this act ; 
 at the time of the establishment of such lighting district, or else at the time of expira- 
 tion of any then existing contract for the maintenance of such lights; such lights and 
 the future cost of maintaining and operating them shall be included in the estimate of 
 the board of supervisors and shall thenceforth be maintained as a part of the lighting 
 system of such lighting district. 
 
 Authority to erect poles. 
 
 5 13. In granting authority to lay down pipes or to erect poles and string wires, and 
 in contracting for gas or electric current, the board of supervisors must impose such 
 restrictions and conditions, and provide for such locations of the various wires and 
 lights, so as to work the least possible public or private inconvenience. 
 
 Estimate for tax levy. 
 
 § 14. On or before the first day of September in each and every year, the board of 
 supervisors of anj'^ county wherein a lighting district has been established, shall make 
 an estimate of the cost of conducting and maintaining such lighting district for the 
 ensuing fiscal year, together with the cost of installing and maintaining such additional 
 lights as may have already been petitioned for by the residents of such lighting dis- 
 tricts, and for the cost of any other things which may be necessary for carrying out the 
 purposes of this act. 
 
 Lighting district tax levy. 
 
 § 15. When such estimate shall have been made, the board of supervisors of any 
 county wherein a lighting district has been established, must, at the time of levying 
 county taxes, levy a special tax upon all of the taxable property within the limits of 
 such lighting district at the equalized value thereof, sufficient in amount to maintain 
 the said lighting system, and to install any additional lights, or for any or all of the 
 purposes of this act. When a lighting district is organized subsequent to the time of 
 levying county taxes in any year, the board of supervisors may authorize the immediate 
 installation of said lighting system in such district, and shall include in the levy of taxes 
 for said lighting district for the ensuing fiscal year, a sum sufficient to pay the cost of 
 the installation and maintenance of said lighting system in said district for that portion 
 of the preceding fiscal year for which no levy of taxes Avas made in such year^ for said 
 purpose. [Amendment approved March 23, 1911. Stats. 1911, p. 439.] 
 
 Disposition of funds. Remainder transferred to city treasurer. 
 
 § 16. The revenue derived from said tax, together with all other moneys acquired 
 in any manner whatsoever by the lighting district shall be paid into the county treas- 
 ury to the credit of the lighting fund of the district wherein said tax was collected, 
 subject only to the order of the board of supervisors of said district, and to be by 
 them expended only for and on behalf of the district wherein such money was collected; 
 provided, however, that any funds arising from assessments made under the provisions 
 of this act, and remaining in said county treasury after the paj'ment of all outstanding 
 legal obligations incurred by the district, shall be ordered transferred, by the board of 
 supervisors of the county in which such district is situated, to the city treasurer of the 
 city, if any there be, that has been incorporated since the formation of said district, 
 and which includes within its corporate limits such district or any considerable portion 
 thereof. If such incorporation has not taken place, then said funds so remaining in said 
 county treasury shall be transferred to a separate fund and, upon the order of the 
 board of supervisors of the county, shall be repaid pro rata to the persons by whom the 
 assessments were originally paid. [Amendment of June 1, 1917. In effect July 31, 
 1917. Stats. 1917, p. 1521.]
 
 Act 1011, g§17-l8a GENCKAL LAWS. 074 
 
 Designation of district. 
 
 $ 17. p]very lighting district formed or established under the provisions of this act, 
 
 must be designated by the name and under the style of lighting district, (using 
 
 the name of the district), of county, (using the name of the county in which such 
 
 district is situated), and in that name the board of supervisors may make and award 
 contracts, and may sue and be sued. 
 
 District may be dissolved. Order for election. Disposition of property. Outstanding 
 
 indebtedness. 
 
 § 18. The district may at any time be dissolved upon the vote of two-thirds of the 
 qualified electors voting thereon, at an election called by the board of supervisors, upon 
 the question of dissolution. Upon a petition signed by fifty or more property owners 
 and residents of such lighting district, asking for the dissolution of said district, the 
 board of supervisors shall within thirty days after receiving said petition, by resolu- 
 tion, order that an election be held in the said district, for the determination of the 
 question, and appoint three qualified electors thereof to conduct said election. Such 
 election shall be called and conducted in the same manner as other elections of the 
 district. Upon such dissolution, any property which may have been acquired by such 
 lighting district shall vest in any incorporated town or city that may at such time be in 
 occupation of a considerable portion of the territory of such lighting district; and if 
 there be no such incorporated town or city, then such property shall be vested in the 
 board of supervisors of the county wherein such lighting district is situated until the 
 formation of such incorporated town or city; provided, however, that if at the time 
 of the election to dissolve such district there be any outstanding indebtedness of such 
 district, then, in such event, the vote to dissolve such district shall dissolve the same 
 for all purposes excepting only the levy and collection of taxes for the payment of such 
 outstanding indebtedness; and from the time such district is thus dissolved until such 
 indebtedness is fully paid, satisfied and discharged, the legislative authority of such 
 incorporated town or city, or the board of supervisors, if there be no such incorporated 
 town or city, is hereby constituted ex officio the board of supervisors of such district. 
 And it is hereby made obligatory upon such board to levy such taxes and perform such 
 other acts as may be necessary in order to raise money for the payment of such indebt- 
 edness, as herein provided. [Amendment of May 29, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 945.] 
 
 This section was also amended June 4, 1913, Stats. 1913, p. 449. 
 
 Annexation of territory. Petition. 
 
 $ 18a. The boundaries of any such highway lighting district may be altered and out- 
 lying contiguous territory in the same county in which a lighting district is situated 
 annexed thereto in the following manner : A petition signed by the owners representing at 
 least one-fourth in number of the total owners of real property, and at least one-fourth 
 of the assessed valuation, as shown by the last equalized assessment book of the county 
 in which such lighting district is situated, of the real property, in such contiguous terri- 
 tory proposed to be annexed, designating the boundaries of such contiguous territory 
 proposed to be annexed and the number of owners of real property in such territory 
 and the assessed valuation thereof, as shown by said last equalized assessment book, 
 and stating that such proposed territory is not within the limits of any other lighting 
 district, and asking that such territory be annexed to said lighting district, shall be 
 presented to the board of supervisors of the county in which said lighting district is 
 situated. 
 
 Notice. Hearing. 
 
 At their first regular meeting after the presentation of said petition, said board of 
 supervisors shall cause notice of said petition to be published in a newspaper published
 
 075 HIGHWAYS. Act 1911, S iSti 
 
 and circulated in the county in which said lighting district is situated, if there be such 
 a newspaper, otherwise by posting copies of said notice in three of the most conspicuous 
 places in said territory proposed to be annexed, for three weeks prior to the date to be 
 fixed by said board of supervisors for hearing said petition. Upon the date fixed for 
 said hearing, or to which it may be continued, said board of supervisors shall take up 
 and consider said petition, and any objections thereto which may be filed or to the inclu- 
 sion of any property in said district. 
 
 Order granting petition. 
 
 Said board of supervisors shall have the power, by order entered on its minutes, to 
 grant said petition either in whole or in part, and by order entered on its minutes to 
 alter the boundaries of said lighting district, and annex thereto all, or such portion of 
 said contiguous territory, described in said petition, as will be benefited by inclusion in 
 said lighting district. No territory which will not be so benefited, or which is not con- 
 tiguous to said lighting district, or which is not described in said petition shall be in- 
 cluded in said district. 
 
 Such order shall be conclusive evidence of the validity of all prior proceedings leading 
 to the annexation or recited in said order, and from and after the making of said order, 
 such territory shall become and be a part of such lighting district and shall be taxed, 
 together with the remainder of said district, for all taxes to be thereafter levied by said 
 board of supervisors, for the maintenance of said lighting district. [New section added 
 June 1, 1917. In effect July 31, 1917. Stats. 1917, p. 1522.] 
 
 If district annexed to city. If part of district annexed. 
 
 $ 18b. Upon the annexation of all or of any portion of the territory embraced in 
 any such lighting district to an incorporated city or city and county, all funds paid 
 into the county treasury to the credit of the lighting fund of such district, if the whole 
 of such district shall be so annexed, shall be turned over by the board of supervisors 
 of such district to the treasurer of said incorporated city, or city and county, and 
 administered by the legislative body of said incorporated city, or city and county; 
 said legislative body shall have all of the powers and jierform all of the duties granted 
 to or imposed upon the board of supervisors of the county in which such district is 
 located and of the board of supervisors of said district, and shall carry out the pro- 
 visions of this act as to such district to the same purpose and extent as if originally 
 constituted, under the provisions of this act, the governing body thereof. Upon the 
 exjienditure of the funds and the discharge of the obligations and liabilities of any 
 such lighting district, the whole of which has been annexed to an incorporated city, 
 or city and county, such district shall ipso facto be dissolved with the same force and 
 effect as if dissolved under the provisions of section eighteen of this act. In the event 
 of the annexation of a portion of the territory embraced in any such lighting district 
 to an incorporated city, or city and county, such proportionate part of the funds col- 
 lected for the benefit of such district and remaining unexpended as the area of the 
 territory so annexed bears to the total area of said district, shall be paid over to the 
 treasurer of such incorporated city, or city and county, in the manner hereinabove 
 provided, and administered by the legislative body of such city, or city and county, 
 until the same are expended, for the benefit of the portion of such district so annexed. 
 Upon the expenditure of such funds in the manner required in this act the territory 
 of such district so annexed shall be deemed to be withdrawn from said lighting district 
 and thereafter the remaining territory embraced in said district and not so annexed 
 shall, upon a resolution adopted by the board of supervisors of the county in which 
 such territory is located, be and become a lighting district within the meaning of this 
 act and so remain until dissolved as provided in this act. [New section added June 1, 
 1917. In effect July 31, 1917. Stats. 1917, p. 1522.]
 
 Act lUlla, i 1 
 
 Gli^TVBRAL L.AWS. 
 
 •7»: 
 
 Eepeal of conflicting acts. 
 
 ^ 19. All acts or parts of acts in conflict with this act are hereby repealed. 
 § 20. This act shall take effect immediately. 
 
 See curative act, Act 1911a. 
 
 1. Scope o£ act. — The act of March 20, 
 1909 (Stats. 1909, p. 551), authorizes the 
 formation of lighting districts within tlio 
 limits of an unincorporated town or village, 
 and excludes from the territory of such dis- 
 tricts large areas of land devoted to agri- 
 cultural purposes. — People v. Van Nuys 
 Lighting District, 173 Cal. 792, 793, Ann. 
 Cas. 1918D, 255, 162 Pac. 97. 
 
 2. Not Talidated by curative act. — An at- 
 tempt to form a lighting district under the 
 act of 1909, which makes no provision for 
 an inquiry and a hearing as to benefits, or 
 as to any change of boundaries to exclude 
 lands not benefited is without legality ar.d 
 void; and its formation is not validated by 
 the curative act of 1915. — People v. Van 
 Nuys Lighting District, 173 Cal. 792. 799, 
 Ann. Cas. 1918D, 255, 162 Pac. 97. 
 
 3. Hearing on benefits— Act of local 
 board judicial. — A local board or triliuiial 
 acts judicially In fixing the boundaries of 
 a local taxing district, and those whose 
 
 lands are to be Included are entitled to a 
 hearing on the question of benefits before 
 the boundaries are fixed, and lands not 
 benefited should be excluded. — People v. Van 
 Nuys Lighting District, 173 Cal. 79?., 799, 
 Ann. Cas. 1918D, 255, 162 Pac. 97. 
 
 4. Inclusion of agricultural void under 
 the act. — A lighting district organized to 
 include a large area of land devoted to 
 agricultural purposes is void as to such 
 land, and the managing board has no au- 
 thority to exercise the powers given by 
 the act and the 1913 amendments, as to 
 such land. — People v. Van Nuys Lighting 
 District, 173 Cal. 792, 796, Ann. Cas. 1918D, 
 255, 162 Pac. 97. 
 
 5. "Town." — A "town" is defined as any 
 large collection of houses or buildings, pub- 
 lic and private, constituting a distinct place 
 with a name and not incorporated as a city; 
 and a village is smaller than a town. — Peo- 
 ple v. Van Nuys Lighting District, 173 Cal. 
 792, 795, Ann. Cas. 1918D, 255, 162 Pac. 97. 
 
 LIGHTING DISTRICT VALIDATION ACT OF 1915. 
 ACT 1911a — An act validating and confirming the organization of lighting districts. 
 
 History: Approved May 29, 1915, In effect August 8, 1915. Stats. 
 1915, p. 939. 
 
 Lighting districts validated. 
 
 ^ 1. Every lighting district formed and established under the provisions of an act 
 approved March 20, 1909, entitled "An act to allow unincorporated towns and villages 
 to establish, equip and maintain systems of street lights on public highways; to provide 
 for the formation, government and operation of highway lighting districts; the calling 
 and holding of elections in such districts; the assessment, collection, custody and dis- 
 bursement of taxes therein; and the creation of ex officio boards of supervisors"; or 
 any act or acts amendatory thereof, the formation and establishment of which have 
 been authenticated by a resolution adopted by the board of supervisors of the county 
 in which said district is situated and entered in the minutes of said board, declaring 
 said lighting district formed and established under the provisions of said act and 
 amendments thereto, which has not been dissolved under the provisions of said act, is 
 hereby declared to have been a valid lighting district from the date of adoption by the 
 said board of supervisors of the order establishing the same and said districts and each 
 of them are hereby declared to be and to have been from said date a valid lighting dis- 
 tinct and all proceedings or actions of any such lighting district, heretofore had or per- 
 formed, in pursuance of the provisions of the law under which said district is organized, 
 are hereby validated, ratified, confirmed and declared to have been and to be legal. 
 
 See Act 1911. 
 
 1. Operation of curative act. — A curative 
 act or a conclusive evidence clause in an 
 act, operates to cure defects caused by fail- 
 ure to comply with merely directory pro- 
 visions, but where the defect or omission 
 goes to jurisdictional matters they make 
 the action void and can not be cured by 
 such curative act or clause. — People v. Van 
 
 Nuys Lighting District, 173 Cal. 702, 797, 
 Ann. Cas. 1918D, 255, 162 Pac. 97. 
 
 2. Same — Validation of illegral, dental of 
 "due proce.s.s." — The validation of an illegal 
 tax by the legislature, if effective, would 
 be the imposition by statute of an obliga- 
 tion without due process of law. — People v. 
 Van Nuys Lighting District, 173 Cal. 792, 
 800, Ann. Cas. 1918D, 255, 162 Pac 97.
 
 877 HIGHWAYS. Act 1912, g§ 1-6 
 
 SHADE AND ORNAMEXTAL TREE ACT OF 1913. 
 ACT 1912 — An act to provide for the protection and preservation of shade and orna- 
 mental trees growing and to he grown upon the roads, highways, grounds and prop- 
 erty within the state of California; and for the planting, care, protection and pres- 
 ervation of shade and ornamental trees, hedges, lawns, shrubs and flowers growing 
 and to be grown in and upon such roads, highways, grounds and property; and to 
 create county boards of forestry for such purposes ; and to prescribe the duties and 
 powers of such boards; and to authorize such boards to appoint county foresters; 
 and to prescribe the duties and fix the compensation of county forester, and to em- 
 power such boards to enforce all laws and adopt and enforce any and all lawful 
 and reasonable rules for the protection, plainting, regulation, preservation, care 
 and control of such shade and ornamental trees, hedges, lawns, shrubs and flowers. 
 
 History: Approved April 28, 1909, Stats. 1909, p. 1129. Entire act 
 amended and re-enacted April 22, 1913. lu effect August 10, 1913. 
 Stats. 1913, p. 52. 
 
 County boards of forestry. 
 
 $ 1. The board of supervisors in each and every county or city and county of the 
 state of California may, in its discretion, appoint a county board of forestry, consisting 
 of five persons, one from each supervisorial district, who shall serve without compen- 
 sation, and who shall have exclusive charge and control of all shade and ornainental 
 trees, hedges, lawns, shrubs and flowers growing or to be grown upon the public roads, 
 highways, grounds and property within its respective county. 
 
 Appointment of members. Pay of county forester. 
 
 $ 2. Whenever the board of supervisors of any county or city and county in this state 
 shall, by resolution or ordinance, elect to avail itself of the provisions of this act, such 
 board shall, within two months thereafter, appoint five suitable and competent persons, 
 one from each supervisorial district of such county or city -and county, as a county 
 board of forestry in and for such county, who shall serve as such without compensation ; 
 and may also fix the compensation of a county forester, to be appointed as herein- 
 after provided at a sum not to succeed $150.00 per month. 
 
 Term of ofl&ce. 
 
 $ 3. The term of office of such county board of forestry shall be four years, pro- 
 vided, however, that the persons first appointed shall so classify themselves by lot that 
 two of their number shall retire from office at the end of two years, two at the end of 
 three years and one at the end of four years. If any vacancy occurs in the office, such 
 vacancy shall be filled, for the unexpired term, by the board of supervisors. 
 
 Organization of board. 
 
 § 4. Within ten days after notice of their appointmonf. the members of said county 
 board of forestry shall organize by the election of one of their members as chairman 
 and adopt suitable rules for their government. 
 
 Appointment of forester. 
 
 § 5. When organized, said county board of forestry, may employ a snitnblp and com- 
 petent person as county forester to serve as such during the pleasure of the board and 
 to prescribe the duties of such employee. 
 
 Bond and duties. 
 
 ^ 6. Such forester, when appointed shall execute a bond to said board, in the sum of 
 .$1,000.00, for the faithful performance of his duties. He shall be the secretary of said 
 board and shall perform such other duties as said board shall prescribe. Said forester 
 
 Gen. Laws — 62
 
 Act 1912, §§ 7-12 GENERAL LAWS. 
 
 shall have power and it shall be his duty to enforce the provisions of this act and all 
 lawful orders of said board. 
 
 Powers of board. 
 
 § 7. Every county board of forestry appointed under the provisions of this act shall, 
 within its respective county, have power over and jurisdiction to decide upon the 
 variety, kind and character of trees, hedges, shrubs, lawns and flowers that shall be 
 planted upon said roads, highwaj-s, grounds and property; and to determine all ques- 
 tions respecting the pruning, cutting and removal of any trees or hedges now growing 
 and to grow thereon and the necessity therefor and the extent of and the manner in 
 which said work shall be done; and, under the authority of the board of supervisors of 
 its respective county, to plant and properly care for such trees, hedges, shrubs, lawns 
 and flowers; and to enforce, carry out and effectuate the provisions of this act; pro- 
 vided, however, that said board, in the exercise of its powers and the performance of 
 its duties hereunder, shall not interfere with the jurisdiction of the board of super 
 visors over the roads, highways, grounds and property in the improvement, care and 
 general control thereof. 
 
 Trimming trees, etc. Fruit trees excepted. 
 
 ^ 8. It shall be unlawful for any person or corporation (except said board of for 
 estry or its employees) in any county or city and county where a county board of 
 forestry has been created and appointed under the provisions of this act, to trim, prune, 
 cut, deface, destroy or remove any shade or ornamental tree or hedge growing or t(. 
 grow upon any such road, highway, ground or property or to paint, place, attach to or 
 put upon any such trees, hedges, shrubs, lawns or flowers, any sign, notice, advertise- 
 ment or advertising device without the consent in writing of said board first obtained. 
 or to plant any tree or hedge, on any such road, highway, ground or property without 
 such written consent; provided, however, that nothing in this act shall give such county 
 board of forestry any jurisdiction over any fruit or nut trees now growing along saiii 
 roads, highways, grounds or property, except that such trees may not be removed with- 
 out the consent of the said board of forestry. 
 
 Penalty. 
 
 $ 9. Every person who shall violate any of the provisions of section 8 of this act, 
 shall be guilty of a misdemeanor. 
 
 Disposition of penalties. 
 
 § 10. All moneys received as penalties for the violation of the provisions of this act. 
 shall be paid into the county treasury to the credit of the county board of forestry 
 fund; which fund is hereby created, and the moneys thereof hereby appropriated for 
 the expenses of said board in the carrying out of the provisions of this act and the 
 policy and purposes herein provided. 
 
 Appropriations by supervisors. 
 
 § 11. County boards of supervisors, whenever the provisions of this act are availed 
 of, shall appropriate money for the use of said county board of forestry sufficient to 
 pay the compensation of said county forester and for the necessary expenses of said 
 county board of forestry. 
 
 § 12. All acts or parts of acts inconsistent with the provisions of this act are hereby 
 repealed. 
 
 1. Removal of trees on highTvay. — Trees way (Stats. 1909, p. 1129); and the state In 
 
 growing upon the public highway, and sub- depriving the owner of such right, does not 
 
 serving useful as well as ornamental pur- take his property without due process of 
 
 poses, can not be removed or destroyed at law. — Santa Barbara v. More, 175 Cal. 6, 11, 
 
 the will of the owner of the fee of the high- L. R. A. 1917F, 385, 164 Pac. 895. 
 
 I
 
 VT9 HIGHWAYS. Acts 1913, 1014, § 1 
 
 COUNTY HIGHWAY MAINTENANCE ACT OF 1911. 
 
 ACT 1913 — An act to provide for maintenance of county highways improved under 
 
 bond issues in the counties of the state and empowering the boards of supervisors 
 
 to levy taxes therefor. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1391. Amended 
 June 16, 1913, Stats. 1913, p. 1147; May 7, 1919. In effect July 22, 
 1919. Stats. 1919, p. 342. 
 
 Maintenance of highways. 
 
 § 1. Whenever any county highway is improved under a county bond issue, which 
 bond issue covers all property of the county, and is accepted by the board of super- 
 visors, it becomes their duty to provide for a continuous system of maintenance from 
 the fund hereinafter created. 
 
 County highway maintenance fund. 
 
 § 2. The board of supervisors must annually, for each fiscal year, levy a tax not to 
 exceed ten cents on each one hundred dollars of value of taxable property of the county 
 for each one hundred miles or fraction thereof of improved county highways under a 
 bond issue therefor. This tax shall be collectible by the several officers charged with the 
 collection of other county taxes in the same manner, and at the same time as other 
 county treasury, and by the county treasurer converted into a separate fund hereby 
 created and known as the county highway maintenance fund. The money derived 
 from such tax must be applied solely to the maintenance of county highways improved 
 under a bond issue to cover the whole county. [Amendment of May 7, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 342.] 
 
 This section was also amended June 16, 1913, Stats. 1913, p. 1147. 
 
 Expenditure of fund. 
 
 ^ 3. The board of supervisors must expend money from the *' county highway main- 
 tenance fund" for the maintenance of highways described in section 1 of this act, on a 
 continuous basis of repair, and the highways shall be improved uninterruptedly after 
 their acceptance. 
 
 PAYMENT BY COUNTIES OF INTEREST ON STATE HIGHWAY BONDS. 
 ACT 1914 — An act to authorize and reauire the payment by the counties of interest 
 on state highway bonds. 
 
 History: Approved March 10, 1911, Stats. 1911, p. 339. 
 
 Interest on state highway bonds. 
 
 $ 1. For the purpose of carrying into effect the provisions relative to the payment 
 of bond interest which are contained in "An act authorizing the construction, acquisi- 
 tion, maintenance and control of a system of state highways in the state of California; 
 specifying the work, fixing the payments to be made by counties for moneys expended 
 therein; providing for the issuance and sale of state bonds to create a fund for the 
 construction and acquisition of such system; creating a sinking fund for the payment 
 of said bonds; and providing for the submission of this act to a vote of the people," 
 approved March 22, 1909, it is hereby made the duty of the state controller to keep an 
 accurate account showing the amount of said bond money expended in each county. 
 In connection with such account he shall annually, at the beginning of the fiscal year, 
 charge up to each and every county such sura as shall equal the interest of four per 
 cent per annum on the total amount of state highway bond money which has been 
 expended in each such county.
 
 Act« 1015, 1916 GENERAL LAWS. 
 
 Tax levy in each county. 
 
 § 2. The controller shall notify the county auditor antl the clerk of the board of 
 supervisors of each county of the amount of such interest cliarge, in order that there 
 may be included in the county tax levy such rate as will raise the sum needed to meet 
 such interest charge. It is hereby made the duty of the board of supervisors when 
 making the annual levy of county taxes to include therein the necessary provision 
 for payment of interest on state highway bonds, as in this act provided, but no failure 
 of anj' board of supervisors to make the tax levy herein provided for shall be held to 
 exempt such county from the collection by the state, in the manner provided for in 
 the next section of this act, of the amount of interest due from such county. 
 
 Semi-annual settlement. 
 
 § 3. In the regular semi-annual settlements between the state and the counties, the 
 controller shall charge to, and collect from, each county one-half of the amount of 
 interest with which such county has been charged for that fiscal year; provided, that 
 as soon as any of the state highway bonds shall have matured and been paid, the 
 controller shall credit each county with its proportionate part of the diminution of the 
 total interest charge thereby occasioned. 
 
 Engineering department to furnish data. 
 
 § 4. The controller is authorized to require from the state engineering department, 
 and it is hereby made the duty of said department to furnish all necessary data to 
 show the amount of state highway bond money expended in each county. 
 
 Editor's note: While not expressly re- plication by section 3 of article XVI of the 
 pealed, as was similar provisions in other constitution, adopted November 2, 1920. 
 acts, this act was no doubt repealed by im- 
 
 RIGHT OF WAY OVER PUBLIC LANDS. 
 ACT 1915— An act granting to roads and highways a right of way over the public lands 
 
 of this state. 
 
 History: Approved April 2, 1866, Stats. 1865-66, p. 855. 
 
 Eight of way granted. 
 
 § 1. Whenever any corporation, company, or individual shall, in accordance with 
 the general laws of this state lay out and construct any road or highway over any 
 unoccupied public lands of this state, or over any lands that the state by donation 
 of congress or otherAvise may hereafter acquire, such corporation, company or indi- 
 vidual, and their respective assigns, are hereby granted the right of way for such 
 roads or highways over such public lands. This act shall apply to roads heretofore as 
 well as hereafter laid out and constructed, 
 
 STATE HIGHWAYS ACT. 
 
 ACT 1916 — An act authorizing the construction, acquisition, maintenance and control 
 
 of a system of state highways in the state of California; specifying the work, fixing 
 
 the payments to be made by counties for moneys expended therein; providing for the 
 
 issuance and sale of state bonds to create a fund for the construction and acquisition 
 
 of such system; creating a sinking fund for the payment of said bonds; and providing 
 
 for the submission of this act to a vote of the people. 
 
 History: Approved March 22, 1909, Stats. 1909, p. 647. Submitted to 
 the people at the general election of November, 1910, and ratified and 
 adopted. Stats. 1911, Part II, p. 6. An amendment approved May 19, 
 1915, Stats. 191F), p. 686, was submitted to the p-^op'e at the general 
 election of November, 191G, and ratified and adopted, Stats. 1917 
 (ex. sess.), p. 54.
 
 981 HIGHWAYS. Act 1916, g§ 1-3 
 
 State highway system. 
 
 $ 1. A system of state highways in and for the state of California shall be con- 
 structed and acquired as and in the manner provided by law by the department of 
 engineering of said state at a cost not to exceed eighteen million dollars. For the pur- 
 pose of providing for the payment of the cost of the construction or acquisition of said 
 system of said highways, the state of California is hereby authorized to incur an indebt- 
 edness in the manner provided by this act in the sum of eighteen million dollars. 
 
 Bonds for payment of cost of construction. 
 
 Immediately after the issuance of the proclamation of the governor, as proviAe^ iif 
 section 11 of this act, the treasurer of the state shall prepare eighteen thousand suit 
 able bonds of the state of California in the denomination of one thousand dollars each 
 to be numbered from 1 to 18,000 inclusive, and to bear the date of the third day oi 
 July, 1911. The total issue of said bonds shall not exceed the sum of eighteen million 
 dollars and they shall bear interest at the rate of four per cent per annum from the 
 date of issuance thereof. The said bonds and the interest thereon shall be payable in 
 gold coin of the United States of the present standard of value at the office of the treas- 
 urer of said state at the times and in the manner following, to wit : The fii'st four hun- 
 dred of said bonds shall be due and payable on the third day of July, 1917, and four 
 hundred of said bonds in consecutive numerical order shall be due and payable on the 
 third day of July in each and every year thei'eafter until and including the third day 
 of July, 19G1. The interest accruing on all of said bonds that shall be sold shall be pay- 
 able at the office of the treasurer of the state on the third day of January and the third 
 day of July of each and every year after the sale of the same. The interest on all bonds 
 issued and sold shall cease on the day of their maturity and the said bonds so issued 
 and sold shall on the day of their maturity be paid as herein provided and canceled by 
 the treasurer of said state. All bonds remaining unsold shall, at the date of the ma- 
 turity thereof be by the treasurer of the state canceled and destroyed. All bonds issued 
 pursuant to the provisions of this act shall be signed by the governor of this state, 
 countersigned by the state controller and endorsed by the state treasurer, and the said 
 bonds shall be so signed, countersigned and endorsed by the officers who are in office on 
 the third day of July, 1911, and each of said bonds shall have the great seal of the 
 state of California impressed thereon. The said bonds signed, countersigned, endorsed 
 and sealed as herein provided, when sold, shall be and constitute a valid and binding 
 obligation upon the state of California, though the sale thereof be made at a date or 
 dates after the person so signing, countersigning and endorsing, or either of them, shall 
 have ceased to be the incumbents of said office or offices. 
 
 Interest coupons. 
 
 $ 2. Appended to each of said bonds there shall be interest coupons so attached that 
 the same may be detached without injury to or mutilation of said bond. The said cou- 
 pons shall be consecutively numbered and shall bear the lithographed signature of the 
 state treasurer who shall be in office on the third day of July, 1911. No interest shall 
 be paid on any of said bonds for such time as may intervene between the date of said 
 bond and the day of sale thereof, unless such accrued interest sball have been, by the 
 purchaser of said bond, paid to the state at the time of such sale. 
 
 Expenses preliminary to issue. 
 
 § 3. There shall be provided in the general appropriation bill sufficient money to 
 defray all expenses that shall be incurred by the state ti'easurer in the preparation of 
 said bonds and in the advertising of the sale thereof, as in this act provided.
 
 Act 1016, e 4 CENERAL LAAVS. 082 
 
 Sale of bonds, manner of. 
 
 ^ 4. "When the bonds authorized by this act to be issued shall have been signed, 
 countersigned, endorsed and sealed as in section one provided, the state treasurer shall 
 cell the same in such parcels and numbers as the governor of the state shall direct, to 
 the highest bidder for cash. The governor of the state shall issue to the state treasurer 
 such direction immediately after being requested so to do, through and bj' a resolution 
 duly adopted and passed by a majority vote of the advisory board of the department 
 of engineering. Said resolution shall specify the amount of money which, in the judg- 
 ment of said advisory board shall be required at such time and the governor of the 
 state shall direct the state treasurer to sell such number of said bonds as may be 
 required to raise said amount of money and that said bonds shall be sold in consecutive 
 numerical order commencing with the first four hundred thereof. The state treasurer 
 shall not accept any bid which is less than the par value of the bond plus the interest 
 which has accrued thereon between the date of sale and the last preceding interest 
 maturity date. The state treasurer may at the time and place fixed by him for said 
 sale continue such sale as to the whole or any part of the bonds offered to such time 
 and place as he may at the time of such continuance designate. Before offering any of 
 said bonds for sale, the said treasurer shall detach therefrom all coupons which have 
 matured or will mature before the date fixed for such sale. The state treasurer shall 
 give notice of the time and place of sale by publication in two newspapers published in 
 the city and county of San Francisco and in one newspaper published in the city of 
 Oakland, and in one newspaper published in the city of Los Angeles and in one news- 
 paper published in the city of Sacramento once a week for four weeks next preceding 
 the date fixed for such sale. In addition to the notice last above provided for, the 
 state treasurer may give such further notice as he may deem advisable, but the expenses 
 and costs of such additional notice shall not exceed the sum of five hundred dollars for 
 each sale so advertised. 
 
 "State highway fund" created. 
 
 There is hereby created in and for the state treasui-y a fund to be known and desig- 
 nated as the "State Highway Fund," and immediately after such sale of bonds the 
 treasurer of the state shall pay into the state treasury and cause to be placed in said 
 state highway fund the total amount received for said bonds, except such amount as 
 may have been paid as accrued interest thereon. The amount that shall have been paid 
 at such sale as accrued interest on the bond sold shall be by the treasurer of the state, 
 immediately after such sale, paid into the treasury of the state and placed in the interest 
 and sinking fund. 
 
 Use of moneys in fund. 
 
 The moneys placed in the state highway fund, pursuant to the provisions of this sec- 
 tion, shall be used exclusively for the acquisition of rights of way for and the acquisi- 
 tion and construction of said system of state highways. The route or routes of said 
 state highways shall be selected by the department of engineering and said route shall 
 be so selected and said highways so laid out and constructed or acquired as to consti- 
 tute a continuous and connected state highway system running north and south through 
 the state traversing the Sacramento and San Joaquin valleys and along the Pacific coast 
 bv the most direct and practicable routes, connecting the county seats of the several 
 counties through which it passes and joining the centers of population, together with 
 such branch roads as may be necessary to connect therewith the several county seats 
 lying east and west of such state highway. 
 
 Moneys shall be drawn from said state highway fund for the purposes of this act 
 upon warrants duly drawn by the controller of the state upon demands made by the 
 department of engineering and audited by the state board of examiners. 
 
 \ 
 
 I
 
 ass HIGHWAYS. Act lOlC, §§ 5-8 
 
 Appropriation. 
 
 $ 5. There is hereby appropriated from the general fund in the state treasury such 
 sum annually as will be necessary to pay the principal of and the interest on the bonds, 
 issued and sold pursuant to the provisions of this act, as said principal and interest 
 becomes due and payable. 
 
 Tax levy to secure bondholders. 
 
 There shall be collected annually in the same manner and at the same time as other 
 state revenue is collected such a sum, in addition to the ordinary revenues of the state 
 as shall be required to pay the principal and interest on said bonds as herein provided, 
 and it is hereby made the duty of all officers charged by law with any duty in regard 
 to the collection of said revenue, to do and perform each and every act which shall 
 be necessary to collect such additional sum. 
 
 The treasurer of the state shall, on the first day of January, 1912, and on the first 
 day of each July and the first day of each January thereafter transfer from the general 
 fund of the state treasury to the interest and sinking fund such an amount of the money 
 by this act appropriated as shall be required to pay the interest on the bonds thereto- 
 fore sold, until the interest on all of said bonds so sold shall have been paid or shall 
 have become due in accordance with the provisions of this act. 
 
 Sinking fund created. 
 
 There is hereby created in the state treasury a fund to be known and designated as 
 the "state highway and sinking fund." The treasurer of the state shall on the first 
 day of July of the year 1917, and on the first day of July, of each and every year there- 
 after in which a parcel of the bonds sold pursuant to the provisions of this act shall 
 become due, transfer from the general fund of the state treasury to the said state high- 
 way sinking fund such an amount of the moneys appropriated by this act as may be 
 required to pay the principal of the bonds so becoming due and payable in such years. 
 
 Bonds, how payable. 
 
 $ 6. The principal of all of said bonds sold shall be paid at the time the same becomes 
 due, from the state highway sinking fund, and the interest on all bonds sold shall be 
 paid at the time said interest becomes due, from the interest and sinking fund. Both 
 principal and interest shall be so paid upon warrants duly drawn by the controller of 
 the state upon demands audited by the state board of examiners, and the faith of the 
 state of California is hereby pledged for the payment of the principal of said bonds 
 so sold, and the interest accruing thereon. 
 
 Reports of controller and treasurer. 
 
 $ 7. The state controller and state treasurer shall keep full and particular account 
 and record of all their proceedings under this act and they shall transmit to the gov- 
 ernor in triplicate an abstract of all such proceedings thereunder with an annual 
 report in triplicate, one copy of each to be by the governor, laid before each house of 
 the legislature biennially. All books and papers pertaining to the matter provided for 
 in this act shall, at all times, be open to the inspection of any party interested, or the 
 governor, or the attorney-general, or a committee of either branch of the legislature 
 or a joint committee of both or any citizen of the state. 
 
 Highway permanent in character. Department of engineering may acquire rights of 
 
 way, quarries, etc. 
 
 § 8. The highway constructed or acquired under the provisions of this act shall be 
 permanent in character and be finished with oil or macadam or a combination of both, 
 or of such other material as in the judgment of the said department of engineering 
 shall be most suitable and best adapted to the particular locality traversed. The state
 
 Act lOlC, §§ », 10 GENKRAl. LAWS. 98*] 
 
 department of engineering, in the name of the people of the state of California, may 
 purchase, receive by donation or dedication, or lease any right of way, rock quarry or 
 land nccessan' or proper for the construction, use or maintenance of said state highway j 
 and shall proceed, if necessary, to condemn under the provisions of the Code of Civilj 
 Procedure relating to such proceedings any necessary or proper right of way, roclij 
 quarry or land. The department of engineering shall have full power and authority to 
 ■purchase all supplies, material, machinery and to do all other things necessary or 
 proper in the construction and maintenance of said state highway. 
 
 Certain highways become right of way of state highway. Counties to pay interest. 
 
 With the exception of those public highways which have been permanently improved 
 under county or permanent road division bond issues within three years prior to the 
 adoption of this act, all public highways within this state lying within the right of way 
 of said state highways as determined and adopted by the department of engineering 
 shall be and the same shall become a part of the right of way of said state highway, 
 without compensation being paid therefor; provided, nothing herein contained shall 
 require the state to maintain any highway along or on said right of way, prior to the 
 completion or acquisition of the permanent improvements contemplated by this act. 
 Whenever any money received from the sale of bonds, under the provisions of this 
 act, shall be expended in any county in this state, such county must pay into the state 
 treasury such sum each year as shall equal the interest, at the rate of four per cent 
 per annum, upon the entire sum of money expended within such county in the con- 
 struction of said state highway, less such portion of said amount expended as the 
 bonds matured under the provisions of this act, shall bear to the total number of bonds 
 sold and outstanding; provided, however, that in all cases where, by reason of physical 
 difficulties to be overcome, or other good and sufficient cause, the state department of 
 engineering shall determine that the cost of construction of any portion of such state 
 highway in any county, or counties, is so great as to entail an unjust and inequitable 
 burden upon any such county, or counties, in refunding to the state the sums so paid 
 for interest upon the bonds sold and the proceeds thereof applied as aforesaid, such 
 county, or counties, shall not be required to refund the whole amount of such interest, 
 but only such proportion thereof as the state department of engineering shall adjudge 
 to be fair and reasonable. All highways constructed or acquired under the provisions 
 of this act shall be permanently maintained and controlled by the state of California. 
 [Amendment of May 19, 1915. In effect — . See sections 2, 3, 4, of amending act. 
 Stats. 1915, p. 686.] 
 
 This section was partially repealed by section 3, article XVI, of the constitution, adopted 
 at the general election of November 2, 1920. 
 
 When act to take effect. 
 
 § 9. This act, if adopted by the people, shall take effect on the thirty-first day of 
 December, 1910, as to all its provisions except those relating to, and necessary for, its 
 submission to the people and for returning, canvassing and proclaiming the votes, and 
 to such accepted provisions this act shall take effect immediately. 
 
 Submission of act to the people. 
 
 $ 10. This act shall be submitted to the people of the state of California for their 
 ratification at the next general election to be holden in the month of November, 1910, 
 A. D., and all ballots at said election shall have printed thereon, and at the end thereof, 
 the words "For the State Highway Act"; and in a separate line, under the same, the 
 words "Against the State Highway Act." Opposite said lines there shall be left 
 spaces in which the voters may make or stamp a cross to indicate whether they vote 
 for or against said act, and those voting for said act shall do so by placing a cross oppo-
 
 BS5 HIGHAVAYS. Act 1916, §§ 11-1 1 
 
 site the words "For the State Highway Act," and all those voting against the said act 
 shall do so by placing a cross opposite the words "Against the State Highway Act." 
 The governor of this state shall include the submission of this act to the people, as afore- 
 said, in his proclamation calling for said general election. 
 
 Canvass of returns. 
 
 $ 11. The votes cast for or against this act shall be counted, returned and canvassed 
 and declared in the same manner and subject to the same rules as votes cast for state 
 officers, and if it appears that said act shall have received a majority of all the votes 
 cast for and against it at such election, as aforesaid, then the same shall have effect as 
 hereinbefore provided and shall be irrepealable until the principal and interest of the 
 liabilities herein created shall be paid and discharged, and the governor shall make 
 proclamation thereof. But if a majority of the votes cast, as aforesaid, are against 
 this act then the same shall be and become void. 
 
 Publication of act. 
 
 § 12. It shall be the duty of the secretary of state to have this act published in at 
 least one newspaper in each county, or city and county, if one be published therein, 
 throughout this state, for three months next preceding the general election to be holden 
 in the month of November, A. D. nineteen hundred and ten; the cost of publication shall 
 be paid out of the general fund, on controller's warrants duly drawn for the purpose. 
 
 Name of act. 
 
 $ 13. This act shall be known and cited as the "State Highways Act." 
 
 $ 14. All acts and parts of acts in conflict with the provisions of this act are hereby 
 
 repealed. 
 
 The amending act of 1915, contained the following sections: 
 
 In effect when. 
 
 $ 2. This act, if adopted by the people, shall take effect on the thirty-first day of 
 December, 1916, as to all its provisions except those relating to, and necessary for, its 
 submission to the people and for returning, canvassing and proclaiming the votes, and 
 as to such excepted provisions this act shall take effect ninety days after the final 
 adjournment of the present session of the legislature. 
 
 Act to be submitted to people. 
 
 § 3. This act shall be submitted to the people of the state of California for their 
 ratification at the next general election to be holden in the month of November, 1916, 
 A. D.. and all ballots at said election shall have printed thereon, and at the end thereof, 
 the words "For the amendment to the state highway act"; and iu a separate line, 
 under the same, the words "Against the amendment to the state highway act." Oppo- 
 site said lines there shall be left spaces in which the voters may make or stamp a cross 
 to indicate whether they vote for or against said act and those voting for said act 
 shall do so by placing a cross opposite the words "For the amendment to the state 
 highway act," and all those voting against the said act shall do so by placing a cross 
 opposite the words "Against the amendment to the state highway act." The gov- 
 ernor of this state shall include the submission of this act to the people, as aforesaid, 
 in his proclamation calling for said general election. 
 
 Results of election. 
 
 $ 4. The votes cast for or against this act shall be counted, returned and canvassed 
 and declared in the same manner and subject to the same rules as votes cast for state 
 ofliccvs, and if it appears that said act shall have received a majority of all the votes 
 cast for and against it at such election, as aforesaid, then the same shall have effect
 
 Act 1916a, § 1 GENERAL LaWS. 080 
 
 as hereinbefore provided and shall be irrepealable until the principal and interest of 
 the liabilities created under the provisions of said state highway act, approved 
 March 22, 1909, shall be paid and discharged, and the governor shall make proclamation 
 thereof. But if a majority of the votes cast, as aforesaid, are against this act then the 
 same shall be and become void. 
 
 Publication of act before election. 
 
 $ 5. It shall be the duty of the secretary of state to have this act published in at 
 least one newspaper in each county, or city and county, if one be published therein, 
 throughout this state, for three months next preceding the general election to be 
 holden in the month of November, A, D. nineteen hundred and sixteen; the cost of 
 publication shall be paid out of the general fund, on controller's warrants duly drawn 
 for the purpose. 
 
 See sections 2 and 3. article XVI, con- The intention ot the motor vehicle act was 
 
 stitution. to supplement the present act. — In re Smith, 
 
 See tit. "State Engineering," Act 4847. 26 Cal. App. 116, 146 Pac. 82. 
 
 STATE HIGHWAYS ACT OF 1915. 
 ACT 1916a — An act authorizing the acquisition, construction, improvement, mainte- 
 nance and control of the uncompleted portions of the system of state highways pre- 
 scribed and contemplated by an act entitled "An act authorizing the construction, 
 acquisition, maintenance and control of a system of state highways in the state of 
 California; specifying the work, fixing the payments to be made by counties for 
 moneys expended therein; providing for the issuance and sale of state bonds to 
 create a fund for the construction and acquisition of such system; creating a sinking 
 fund for the payment of said bonds; and providing for the submission of this act to 
 a vote of the people," approved March 22, 1909, and approved, ratified and adopted 
 by the people of the state of California at the general election held in the month of 
 November, A. D. 1910, and known and cited as the "State Highways Act," and 
 certain extensions therefrom; specifying the work, fixing the payments to be made 
 by counties for moneys expended therein; providing for the issuance and sale of 
 state bonds to create a fund for the construction, improvement and acquisition of the 
 uncompleted portions of said system and certain extensions therefrom; creating a 
 revolving fund to be used by the state department of engineering for the purposes 
 of this act; creating a sinking fund for the payment of said bonds; and providing 
 for the submission of this act to a vote of the people. 
 
 History: Approved May 20, 1915. In effect — see section 9. Stats. 
 1915, p. 650. Submitted to the people at the general election of 
 November 7, 1916, and adopted. Stats. 1917, p. 54. 
 
 Fund for completing state highways insufficient. Indebtedness authorized. 
 
 ^ 1. The fund created for the construction and acquisition of a system of state 
 highways by an act entitled "An act authorizing the construction, acquisition, main- 
 tenance and control of a system of state highways in the state of California; specify- 
 ing the work, fixing the payments to be made by counties for moneys expended therein; 
 providing for the issuance and sale of state bonds to create a fund for the construction 
 and acquisition of such system; creating a sinking fund for the payment of said bonds; 
 and providing for the submission of this act to a vote of the people," approved 
 March 22, 1909, and approved, ratified and adopted by the people of the state of Cali- 
 fornia at the general election held in the month of November, A. D. 1910, and known 
 and cited as the ' * State Highways Act, ' ' being inadequate to fully carry out the objects 
 of said act, the uncompleted portions of said system prescribed by said "State High- 
 ways Act" and certain extensions therefrom hereinafter specified shall be constructed, 
 improved and acquired as and in the manner provided by law by the department of 
 engineering of said state at a cost not to exceed fifteen million dollars. For the pur-
 
 9S7 HIGHWAYS. Act 1916a, §§ 2. 3 
 
 pose of providing for the payment of the cost of the construction, improvement or 
 acquisition necessary for and in completing said system of said highways and supple- 
 menting the fund created by said "State Highways Act," the state of California is 
 hereby authorized to incur an indebtedness in the manner provided by this act in the 
 sum of fifteen million dollars. 
 
 Preparation of bonds. 
 
 Immediately after the issuance of the proclamation of the governor, as provided in 
 section eleven of this act, the treasurer of the state shall prepare fifteen thousand 
 suitable bonds of the state of California in the denomination of one thousand dollars 
 each, to be numbered from 1 to 15,000 inclusive, and to bear the date of the third day 
 of July, 1917. The total issue of said bonds shall not exceed the sum of fifteen million 
 dollars and they shall bear interest at the rate of four and one-half per cent per 
 annum from the date of issuance thereof. 
 
 Pajanent. Interest. Unsold honds. Signing and endorsement. Valid ohligation. 
 
 The said bonds and the interest thereon shall be payable in gold coin of the United 
 States of the present standard of value either at the office of the treasurer of said 
 state or, at the option of the holder, at the fiscal agency for the state of California 
 in the city of New York in the state of New York, at the times and in the manner 
 following, to wit: The first three hundred seventy-five of said bonds shall be due and 
 payable on the third day of July, 1923, and three hundred seventy-five of said bonds 
 in consecutive numerical order shall be due and payable on the third day of July in 
 each and every j^ear thereafter until and including the third day of July, 1962. The 
 interest accruing on all of said bonds that shall be sold shall be payable either at the 
 office of the treasurer of the state or at said fiscal agency, as the holder may elect, on 
 the third day of January and the third day of July of each and every year after the 
 sale of the same. The interest on all bonds issued and sold shall cease on the day 
 of their maturity and the said bonds so issued and sold shall on the day of their 
 maturity be paid as herein provided and canceled by the treasurer of said state. All 
 bonds remaining unsold shall, at the date of the maturity thereof be by the treasurer 
 of the state canceled and destroyed. All bonds issued pursuant to the provisions of 
 this act shall be signed by the governor of this state, countersigned by the state con- 
 troller and endorsed by the state treasurer, and the said bonds shall be so signed, 
 countersigned and endorsed by the officers who are in office on the third day of July, 
 1917, and each of said bonds shall have the great seal of the state of California 
 impressed thereon. The said bonds signed, countersigned, endorsed and sealed as 
 herein provided, when sold, shall be and constitute a valid and binding obligation upon 
 the state of California, though the sale thereof be made at a date or dates after the 
 person so signing, countersigning and endorsing, or either of them, shall have ceased 
 to be the incumbents of said office or offices. 
 
 Interest coupons. 
 
 § 2. Appended to each of said bonds there shall be interest coupons so attached 
 that the same may be detached without injury to or mutilation of said bond. The said 
 coupons shall be consecutively numbered and shall bear the lithographed signature of 
 the state treasurer who shall be in office on the third day of July, 1917. No interest 
 shall be paid on any of said bonds for such time as may intervene between the date 
 of said bond and the date of sale thereof, unless such accrued interest shall have been, 
 by the purchaser of said bond, paid to the state at the time of such sale. 
 
 Payment of expenses incurred in preparation of bonds. 
 
 § 3. The legislature shall provide by appropriation sufficient money to defray all 
 expenses that shall be incun-ed by the state treasurer in the preparation of said bonds 
 and in the advertising of the sale thereof, as in this act provided.
 
 Aot IDlOn, § 4 GElVERAly l-AWS. 088 
 
 Sale oi bonds. No bid accepted less than par value plus interest. Announcement Oi 
 
 sale. 
 
 $ 4. When the bonds authorized by this act to be issued shall have been signed, 
 countersigned, endorsed and sealed as in section one provided, the state treasurer shall 
 sell the same in such parcels and numbers as the governor of the state shall direct, to 
 the highest bidder for cash. The governor of the state shall issue to the state treasurer 
 such direction immediately after being requested so to do, through and by a resolution 
 duly adopted and passed by a majority vote of the advisory board of the department 
 of engineering. Said resolution shall specify the amount of money which, in the judg- 
 ment of said advisory board, shall be required at such time, and the governor of the 
 state shall direct the state treasurer to sell such number of said bonds as may be 
 required to raise said amount of money and that said bonds shall be sold in consecutive 
 numerical order commencing with the first three hundred seventy-five thereof. The 
 state treasurer shall not accept any bid which is less than the par value of the bond 
 plus the interest which has accrued thereon between the date of sale and the last 
 preceding interest maturity date. The state treasurer may at the time and place fixed 
 by him for said sale continue such sale as to the whole or any part of the bonds offered 
 to such time and place as he may at the time of such continuance designate. Before 
 offering any of said bonds for sale, the said treasurer shall detach therefrom all coupons 
 which have matured or will mature before the date fixed for such sale. The state 
 treasurer shall give notice of the time and place of sale by publication in two news- 
 papers published in the city and county of San Francisco and in one newspaper pub- 
 lished in the city of Oakland, and in one newspaper published in the city of Los 
 Angeles and in one newspaper published in the city of Sacramento once a week for four 
 weeks next preceding the date fixed for such sale. In addition to the notice last above 
 provided for, the state treasurer may give such further notice as he may deem advisable, 
 but the expenses and cost of such additional notice shall not exceed the sum of five 
 hundred dollars for each sale so advertised. 
 
 "Second state highway fund" created. 
 
 There is hereby created in and for the state treasi:ry a fund to be known and desig- 
 nated as the "Second State Highway Fund," and imjnediately after such sale of bonds 
 the treasurer of the state shall pay into the state treasury and cause to be placed in 
 said second state highway fund the total amount received for said bonds, except such 
 amount as may have been paid as accrued interest thereon. The amount that shall have 
 been paid at such sale as accrued interest on the bonds sold shall be by the treasurer 
 of the state, immediately after such sale, paid into the treasury of the state and placed 
 in the "Second State Highway Interest and Sinking Fund," which is hereby created. 
 
 rund available for what purposes. 
 
 Of the moneys placed in the said second state highway fund, pursuant to the pro- 
 visions of this section, the sum of twelve million dollars, or so much thereof as may be 
 necessary, is hereby made available, and shall be used exclusively for the acquisition of 
 rights of way for and the acquisition, construction and improvement of the uncom- 
 pleted portions of the system of state highways prescribed by said "State Highways 
 Act." And of said moneys so placed in said second state highway fund, the sum of 
 three million dollars, or so much thereof as may be necessary, is hereby made avail- 
 able and shall be used exclusively for the acquisition of rights of way for, and the 
 acquisition, construction and improvement of certain extensions from said system of 
 state highways prescribed by said "State Highways Act" as follows: An extension 
 connecting the interior and coast trunk lines in northern California through Trinity 
 and Humboldt counties by the most direct and practical route; an extension connecting 
 the iJan Joaquin valley trunk line at a point between the city of Merced in Merced
 
 089 HIGU^VAVS. Act 19iea 
 
 county, and the city of Madera, in Madera county, with the coast trunk line at or near 
 the city of Gilroy in Santa Clara county, through Pacheco pass, by the most direct and 
 practical route; an extension of the Mariposa county state highway lateral to or near 
 the railway station El Portal, in Mariposa county; an extension connecting the San 
 Joaquin valley trunk line in Tulare county with the coast trunk line in Monterey 
 county, by the continuation of the lateral between the cities of Visalia and Hanford 
 through Coalinga by the most direct and practical route; an extension connecting the 
 San Joaquin valley trunk line at or near Bakersfield with the coast trunk line in San 
 Luis Obispo county, through Cholame pass, by the most direct and practical route; 
 an extension of the San Bernardino county state highway lateral to Barstow, in San 
 Bernardino county, by the most direct and practical route; an extension connecting 
 Antelope valley, in the county of Los Angeles, with the city of Los Angeles, by the 
 most direct and practical route ; and an extension of the San Bernardino county state 
 highway lateral to the Arizona state line near the town of Yuma, Arizona, via the 
 cities of Brawley and El Centro in Imperial county, by the most direct and practical 
 route; provided, however, that expenses of the acquisition, construction and improve- 
 ment of the extensions above enumerated and the acquisition of rights of way therefor, 
 shall be partly borne by the county or counties in which such extensions lie, the extent 
 and character of such division of expenses between the state and county shall rest for 
 final determination with the state department of engineering and said department is 
 hereby authorized to enter into such agreements and undertakings as are necessary to 
 properly carry out the intent of this section. 
 
 Routes selected by department of engineering. 
 
 The route or routes of said state highways to be acquired, constructed or improved 
 under the provisions of this act shall be selected by the department of engineering 
 in the manner provided by and to carry out the objects of said "State Highways Act" 
 and in the manner provided by and to carry out the objects of this act. 
 
 Controller's warrants. "State highway revolving fund." Statement showing expen- 
 ditures. 
 
 Moneys shall be drawn from said second state highway fund for the purj^oses of this 
 act upon warrants duly drawn by the controller of the state upon demands made by the 
 department of engineering and allowed and audited by the state board of control; 
 provided, however, that out of the proceeds of the first sale of bonds made hereunder 
 the state controller and the state treasurer shall transfer upon their respective books 
 the sum of one hundred thousand dollars to the credit of the "State Highway Revolv- 
 ing Fund," which fund is hereby created in the state treasury. The moneys in said 
 state highway revolving fund, or such part thereof as the advisory board of the depart- 
 ment of engineering shall deem necessary, may be expended, from time to time, upon 
 the demands of the department of engineering, approved by the state board of control, 
 for the purpose of making cash payments in advance for such expenditures as are nec- 
 essary and proper to carry out the provisions of this act. Upon receipt of such 
 demands, so approved, it shall be the duty of the state controller to draw his warrant 
 upon said "State Highway Revolving Fund" in favor of the person or persons therein 
 named, and the state treasurer shall pay the same. On or before the tenth day of 
 each month thereafter, the department of enginering shall submit to the state board 
 of control a verified, itemized statement, showing all expenditures during the preceding 
 calendar month of the moneys so withdrawn from said "State Highway Revolving 
 Fund," accompanied by proper vouchers and receipts therefor. Such statements shall 
 be audited by the state board of control in the same manner that claims against the 
 state are audited, and, if found to be correct, shall be approved by the state board of 
 control and transmitted to the state controller with such approval endorsed thereon.
 
 Act 1916a, g§ 5-7 GENERAL LAVl'S. 000 
 
 The state controller shall thereupon draw his warrant upon the "Second State High- 
 way Fund" in favor of the department of engineering for the aggregate amount of such 
 expenditures, and upon the surrender of such warrant properly endorsed, the state 
 treasurer shall transfer the amount thereof upon the books of his office from the said 
 "Second State Highway Fund" to the said "State Highway Revolving Fund," to be 
 expended as aforesaid. 
 
 Appropriation for bonds, principal and interest. 
 
 § 5. There is hereby appropriated from the general fund in the state treasury such 
 sum annually as will be necessary to pay the principal of and the interest on the bonds, 
 issued and sold pursuant to the provisions of this act, as said principal and interest 
 becomes due and payable. 
 
 Collection. 
 
 There shall be collected annually in the same manner and at the same time as other 
 state revenue is collected such a sum, in addition to the ordinary revenues of the state 
 as shall be required to pay the principal and interest on said bonds as herein provided, 
 and it is hereby made the duty of all officers charged by law with any duty in regard 
 to the collection of said revenue, to do and perform each and every act which shall 
 be necessary to collect such additional sum. 
 
 Transfer by treasurer. 
 
 The treasurer of the state shall, on the first day of January, 1918, and on the first 
 day of each July and the first day of each January thereafter transfer from the general 
 fund of the state treasury to the "Second State Highway Interest and Sinking Fund" 
 such an amount of the money by this act appropriated as shall be required to pay the 
 interest on the bonds theretofore sold, until the interest on all of said bonds so sold 
 shall have been paid or shall have become due in accordance with the provisions of 
 this act. 
 
 "Second state highway sinking fund" created. 
 
 There is hereby created in the state treasury a fund to be known and designated as 
 the "Second State Highway Sinking Fund." The treasurer of the state shall on the 
 first day of July of the year 1923, and on the first day of July, of each, any and ever^' 
 year thereafter in which a parcel of the bonds sold pursuant to the provisions of this 
 act shall become due, transfer from the general fund of the state treasury to the said 
 second state highway sinking fund such an amount of the moneys appropriated by this 
 act as may be required to pay the principal of the bonds so becoming due and payable 
 in such years. 
 
 Principal and interest paid from sinking fund. 
 
 $ 6. The principal of all of said bonds sold shall be paid at the time the same 
 becomes due, from the second state highway sinking fund, and the interest on all bonds 
 sold shall be paid at the time said interest becomes due, from the second state highway 
 interest and sinking fund. Both principal and interest shall be so paid upon warrants 
 duly drawn by the controller of the state upon demands audited by the state board of 
 control, and the faith of the state of California is hereby pledged for the payment of 
 the principal of said bonds so sold, and the interest accruing thereon. 
 
 Records. Annual report. Books open to inspection. 
 
 § 7. The state controller and state treasurer shall keep full and particular account 
 and record of all their proceedings under this act and they shall transmit to the gov- 
 ernor, in triplicate an abstract of all such proceedings thereunder with an annual report 
 in triplicate, one copy of each to be by the governor, laid before each house of the legis-
 
 B91 HIGHWAYS. Act lOlCa, § » 
 
 lature biennialh-. All books and papers pertaining to the matter provided for in this 
 act shall, at all times, be open to the inspection of any party interested, or the governor, 
 or the attorney general, or a committee of either branch of the legislature or a joint 
 committee of both or any citizen of the state. 
 
 Highway permanent in character. Department of engineering may acquire rights of 
 way, quarries, etc. Certain highways become right of way of state highway. 
 Counties to pay interest. 
 
 § 8. The highway constructed or acquired under the provisions of this act shall be 
 permanent in character and be finished with oil or macadam or a combination of both, 
 or of such other material as in the judgment of the said department of engineering 
 shall be most suitable and best adapted to the particular locality traversed. The state 
 department of engineering, in the name of the people of the state of California, may 
 purchase, or receive by donation or dedication from counties, or from public or private 
 persons, or it may lease, any right of way, rock quarry or land necessary or proper 
 for the construction, use, improvement or maintenance of said state highway and shall 
 proceed, if necessary, to condemn under the provisions of the Code of Civil Procedure 
 relating to such proceedings any necessary or proper right of way, rock quarry or 
 land. The department of engineering in accordance with law shall have power and 
 authority to purchase, sell, exchange, lease or otherwise acquire or dispose of all sup- 
 plies, stock, material, machinery and implements and do all other things necessary or 
 proper in the construction, imi^rovement or maintenance of said state highway. The 
 department of engineering in accordance with law shall have power and authority to 
 purchase, lease, or erect plants for manufacture of cement, crushed rock and other 
 materials used in road or highway work, and also the power to dispose of said plants 
 when no longer required for such purposes. With the exception of those public high- 
 ways which have been permanently improved under county or permanent road divisioh 
 bond issues within nine years prior to the adoption of this act, all public highways 
 within this state lying within the right of way of said state highway as determined 
 and adopted by the department of engineering shall be and the same shall become a 
 part of the right of way of said state highway, without compensation being paid there- 
 for; provided, nothing herein contained shall require the state to maintain any high- 
 way along or on said right of waj', prior to the completion or acquisition of the perma- 
 nent improvements contemplated by this act. Whenever any money received from the 
 sale of bonds, under the provisions of this act, shall be expended in any county in this 
 state, such county must pay into tlie state treasury such sum each j'ear as shall equal 
 the interest, at the rate of four and one-half per cent per annum, upon the entire sum 
 of money expended from the proceeds of the bonds issued under this act within such 
 county in the construction of said state highway, less such portion of said amount 
 expended as the bonds matured under the provisions of this act shall bear to the total 
 number of bonds sold and outstanding; provided, however, that in all cases where, by 
 reason of physical difficulties to be overcome, or other good and sufficient cause, the 
 .state department of engineering shall determine that the cost of construction of any 
 portion of such state highway in any county, or counties, is so great as to entail an 
 unjust and inequitable burden upon any such county, or counties, in refunding to the 
 state the sums so paid for interest upon the bonds sold and the proceeds thereof 
 applied as aforesaid, such county, or counties, shall not be required to refund the 
 whole amount of such interest, but only such proportion thereof as the state depart- 
 ment of engineering shall adjudge to be fair and reasonable. All highways constructed 
 or acquired under the provisions of this act shall be permanently maintained and con- 
 trolled by the state of California. 
 
 This section was partly repealed by section 3, article XVI, of the constitution, adopted 
 at the general election of November 2, 1920.
 
 Art lOiea. 89 0-14 CENKRAL LAWS. MS 
 
 In effect when. 
 
 5 9. This act, if adoi)te(l by the people, shall take effect on the thirty-first day of 
 December, 191G, as to all its provisions excej)! those relating to, and necessary for, its 
 Bubmission to the people and for rcturninp:, canvassin<j and proclaimini? the votes, and 
 as to said excepted provisions this act shall take effect ninety days after the linal 
 adjournment of the present session of the legislature. 
 
 Act to be submitted to people. 
 
 ^ 10. This act shall be submitted to the people of the state of California for their 
 ratification at the next general election to be holden in the month of November, nine- 
 teen hundred and sixteen, and all ballots at such election shall have printed thereon the 
 words "For the State Highway Act of 1915" and such other designation as may be 
 necessary to projierly identify this act. In a square immediately below the square con- 
 taining said words there shall be printed on said ballot the words "Against the Slate 
 Highway Act of 1915." Opposite the words "For the State Highway Act of 1915" and 
 ". Against the State Highway Act of 1915," there shall be left spaces in which the 
 voters may make or stamp a cross to indicate whether they vote for or against this act, 
 and those voting for said act shall do so by placing a cross opjiosite the words "For 
 the State Highway Act of 1915" and those voting against said act shall do so by plac- 
 ing a cross opposite the words "Against the State Highway Act of 1915." The gov- 
 ernor of this state shall include the submission of this act to the people as aforesaid, 
 in his proclamation calling for said general election. 
 
 Results of election. 
 
 ^ 11. The votes cast for or against this act shall be counted, returned and canvassed 
 and declared in the same manner and subject to the same rules as votes cast for state 
 officers, and if it appears that said act shall have received a majority of all the votes 
 cast for and against it at such election, as aforesaid, then the same shall have effect 
 as hereinbefore provided and shall be irrepealable until the principal and interest of 
 the liabilities herein created shall be paid and discharged, and the governor shall make 
 l)roclamation thereof. But if a majority of the votes cast, as aforesaid, are against this 
 act then the same shall be and become void. 
 
 Publication to act before election, 
 
 ^ 12. It shall be the duty of the secretary of state to have this act published in at 
 least one newspaper in each county, or city and county, if one be published therein, 
 throtighout this state, for three months next preceding the general election to be holden 
 in the month of November, A. D. nineteen hundred and sixteen; the cost of jniblication 
 shall be paid out of the general fund, on controller's warrants duly drawn for the 
 purpose. 
 
 Title of act. 
 
 5 13. This act shall be known and cited as the "State Highways Act of 1915." 
 
 Repealed. 
 
 ^ 14. All acts and parts of acta in conflict with the provisions of this act are hereby 
 repealed. 
 
 See sections 2 and 3, article XVI. coiistl- See llU "State Engineering," Act itil. 
 
 tution.
 
 003 HIGHWAYS. Act 1916b, §§ 1-4 
 
 SPECIAL ELECTION ON HIGHWAY AMENDMENT TO CONSTITUTION. 
 ACT 19161) — An act calling a special election to be held on Tuesday, July 1, 1919, and 
 providing for tlie submission thereat to the qualified electors of the state of an 
 amendment to the constitution of the state of California known as Senate Constitu- 
 tional Amendment Number 27, proposed by the legislature of said state at its forty- 
 third session, providing for the issuance of bonds to the amount of forty million 
 dollars for the completion of the state highway system and the acquisition and con- 
 struction of other state highways by the state department of engineering, and making 
 an appropriation for the purposes of this act. 
 
 History: Approved April 24, 1919. In effect immediately. Stats. 
 1919, p. 136. 
 
 Election for state highway bonds. 
 
 $ 1. A special election is hereby called for and shall be held throughout the state of 
 California on Tuesday, the first day of July, 1919, and at such special election there 
 shall be submitted to the qualified electors of said state, for adoption or rejection, in 
 accordance with the provisions of section one of article eighteen of the constitution 
 of said state, the amendment to said constitution known as Senate Constitutional 
 Amendment No. 27 proposed by the legislature of said state at its forty-third regular 
 session commencing on the sixth day of January, 1919, providing for the issuance of 
 bonds to the amount of forty million dollars for the completion of the state highway 
 system and the acquisition and construction of other state highways by the state 
 department of engineering. 
 
 Conduct of election. 
 
 4 2. Except as otherwise expressly provided by this act, said election shall be pro- 
 claimed, held and conducted and the ballots shall be prepared, marked, voted, counted, 
 canvassed, and the results shall be ascertained and the returns thereof made in all 
 respects in accordance with the provisions of the constitution applicable thereto and the 
 laws governing elections in so far as the provisions thereof are applicable to the election 
 called by this act. 
 
 Arguments to be filed. 
 
 $ 3. The arguments provided for by section one thousand one hundred ninety-five of 
 the Political Code must be delivered to the secretary of state within ten days following 
 the adjournment of the legislature. Amendments thereof or changes therein may be 
 made within ten days from such delivery, but not later. It shall be the duty of the 
 attorney general to prepare and deliver to the secretary of state the ballot title pro- 
 vided for in section one thousand one hundred ninety-seven of the Political Code within 
 ten days following the adjournment of the legislature. Written objection thereto may 
 be filed with the secretary of state within ten days from such delivery, but not later. 
 
 Publication of proposed amendment. 
 
 ^ 4. It shall be the duty of the board of control to have the said proposed amend- 
 ment published in at least one newspaper in each county, or city and county, if one be 
 published therein, throughout the state, once a week for four successive weeks preceding 
 the election hereby called. The arguments provided for by section one thousand one 
 hundred ninety-five of the Political Code shall be similarly published, in conjunction 
 with the publication of such proposed amendment, and shall be printed with the latter, 
 in immediate sequence, in each newspaper in which such publication is made. The pub- 
 lication of such proposed amendment and of such arguments shall be in lieu of that pre- 
 scribed by the provisions of sections one thousand one hundred ninety-five a and one 
 thousand one hundred ninety-five b of the Political Code, and no other publication shall 
 be necessary or authorized. 
 
 Gen. Laws — 63
 
 Act 1917. §§ 1-4 
 
 GENERAL LAWS. 
 
 Appropriation. 
 
 $ 5. There is hereby appropriated out of any money in the state treasury, not other- 
 wise appropriated, the sum of fifteen thousand dollars, or so much thereof as may be 
 necessary, to defra}' the cost of publication hereby required. The state controller is 
 nereby authorized and directed to draw his warrants, not exceeding said sum, in favor 
 of the board of control for such purpose, and the state treasurer is hereby authorized 
 and directed to pay the same. 
 
 In eflfect when. 
 
 $ 6. This act, being an act calling an election, shall take effect immediately. 
 
 ACQUISITION OF RIGHTS OF WAY AND ROCK QUARRIES BY COUNTIES. 
 
 ACT 1917 — An act to permit counties to acquire rights of way for state highways and 
 
 to pay part of the expense of constructing state highways and bridges within their 
 
 limits and authorizing the state to accept the same. 
 
 History: Approved June 3, 1913. In effect August 10, 1913. Stats. 
 1913, p. 445. 
 
 Acquisition of rights of way and rock quarries for state highways authorized. 
 
 ^ 1. "Whenever it is determined by a four-fifths vote of the board of supervisors of 
 any county that the interests of the county would be promoted thereby, the board of 
 supervisors, upon the recommendation of the advisory board of the department of engi- 
 neering of the state of California, may, by resolution passed by a four-fifths vote of 
 said county board, determine to acquire by purchase, donation or dedication, or lease 
 any right of v^ay, rock quarry or land needed for state highway purposes and described 
 in such recommendation, and shall proceed, if necessary, to condemn under the pro- 
 visions of the Code of Civil Procedure relating to such proceedings any right of way, 
 rock quarry or land recommended to be acquired as aforesaid. The title to such prop- 
 erty may be taken in the name of the state or the county. The order of the board of 
 supervisors shall be the only preliminary procedure required prior to the acquisition 
 of such property or the commencement of such condemnation action or actions. 
 
 Counties may contribute bridges, etc. 
 
 § 2. Whenever it is determined by a four-fifths vote of the board of supervisors of 
 any county that the interests of the county would be promoted thereby, the board of 
 supervisors may, upon the written request of the advisory board of the department of 
 engineering of the state of California, by resolution passed by a four-fifths vote of 
 said county board, determine to contribute bridges, fencing, money, labor, materials 
 and other appurtenances toward the expenses of constructing state highways within 
 their limits. 
 
 Cost charged to general fund. 
 
 ^ 3. The cost of such acquisition of property mentioned in section 1 of this act and 
 the contributing of bridges, fencing, money, labor, materials, or other appurtenances 
 mentioned in section 2 of this act may be charged to the general county fund, the gen- 
 eral road fund or the district fund of the district or districts benefited. 
 
 State authorized to receive. 
 
 $ 4. The state is hereby authorized to receive and use the benefits provided under 
 this act and any money contributed by a county shall be paid into the state fund desig- 
 nated by the board of supervisors in the resolution determining such donation.
 
 095 HIGHWAYS. Act 1917a, g§ 1, 2 
 
 OPENINGS AND OBSTRUCTIONS IN STATE HIGHWAYS. 
 
 ACT 1917a — An act regulating the making of openings or the placing of structures or 
 
 the change or renewal of any structure and the planting or removal of trees or shrubs 
 
 or the placing of ohstructions in or on state roads and highways; providiTig for the 
 
 issuance of permits hy the state department of engineering relative thereto, and for 
 
 the laying or placing pipes, conduits, sewers, poles, wires, railways, obstructions and 
 
 other objects, and for the planting, trimming or removal of trees or shrubs in or on 
 
 state roads and highways; providing for the requirement of bonds from ^pplicants 
 
 before the issuance of such permits; and prescribing the penalty for violations of the 
 
 provisions of this act. 
 
 History: Approved April 23, 1915. In effect August 8, 1915. Stats. 
 1915, p. 179. 
 
 Permits from department of engineering for openings, etc., on highways. Work under 
 
 supervision of department of engineering. 
 
 $ 1. No opening shall be made in any state road or highway nor shall any structure 
 be placed thereon, nor shall any structure which has been placed thereon be changed or 
 renewed except in accordance with a permit from the state department of engineering 
 or its duly authorized officers who shall exercise complete and permanent control over 
 such roads or highways. No state road or highway shall be dug up for laying or placing 
 pipes, conduits, sewers, wires, railways or other objects, and no tree or shrub in or on 
 any state road or highway shall be planted, trimmed or removed, and no obstruction 
 placed thereon, without a written permit as hereinbefore provided, and then only in 
 accordance with the regulations of such department of engineering or its duly author- 
 ized officers or employees; and the work shall be done under the supervision and to 
 the satisfaction of the department of engineering or its appropriate officers or em- 
 ployees, and the entire expense of replacing the highway in as good condition as before 
 shall be paid by the persons to whom the permit is given or by whom the work is done ; 
 but a city or town may, within its corporate limits, dig up a state road or highway 
 without such approval or permit in case of immediate necessity; but in such cases it 
 shall be forthwith replaced in as good condition as before at the expense of the city 
 or town. 
 
 Bond of applicant. 
 
 The department of engineering, or its duly authorized officers, may, in its discretion, 
 before granting a permit under the provisions of this act, require the applicant to file 
 a satisfactory bond to the people of the state of California in such an amount as may 
 be deemed sufficient bj'^ the department of engineering or its duly authorized officers, 
 conditioned for the proper compliance with the requirements of this act by the person 
 granted such permit. 
 
 Work without permit, misdemeanor. 
 
 Any person convicted of making any opening in a state road or highway or placing 
 any structure thereon, or changing or renewing any structure thereon without obtaining 
 a permit as herein provided, or not in compliance Avith the tenns of such a permit, or 
 otherwise violating the provisions of this act, shall be guilty of a misdemeanor. 
 
 Power of railroad commission not limited. 
 
 $ 2. This act is not intended nor is it to be construed as limiting the powers and 
 duties vested by law in the railroad commission of the state of California, and in the 
 event of any conflict of jurisdiction, that of such railroad commission shall prevail.
 
 Acts 1917b. 1917d, §g 1-3 GENERAL. L.A\i^S. 896 
 
 ABANDONMENT ACT OF 1915. 
 ACT 19171) — An act to provide for the abandonment of portions of routes of state roads 
 and highways by the advisory board of state department of engineering, and for con- 
 sent thereto in certain cases by county boards of supervisors. 
 
 History: Approved May 20, 1915. In effect August 8, 1915. Stats. 
 1915, p. 640. 
 
 Abandonment of state roads. 
 
 $ 1. The advisory board of the state department of engineering shall have the 
 power to abandon portions of routes of state roads and highways under its jurisdiction, 
 when, in its opinion, such abandonment shall be necessary by reason of alterations or 
 revisions in alignment of portions of routes of state roads and highways by said advis- 
 ory board and shall be for the best interests of the state. It may abandon any lands or 
 parts thereof or rights in lands which have been taken or acquired by the state for such 
 state road or highway purposes and forming part of portions of routes of state roads and 
 highways as aforesaid by resolution adopted by the advisory board of such department 
 of engineering, and a copy of such resolution may be recorded in the county where 
 such land or part of land to be abandoned is located, without acknowledgment, certifi- 
 cate of acknowledgment, or further proof, and no fee shall be charged for such record- 
 ing by the county recorder of such county; provided, however, that nothing contained 
 in this act shall authorize and empower said state department of engineering to abandon 
 any portion or portions of any state road or highway where such abandonment will 
 operate to vest or revest the control and maintenance of such portion or portions of 
 state road or highway or state bridge in the board or boards of supervisors of any 
 county or counties wherein such portion or portions proposed to be abandoned are 
 located, without the consent, by formal resolution, of such board or boards of super- 
 visors affected by such abandonment having been first obtained. 
 
 CONVICT LABOR ON STATE HIGHWAYS. 
 
 ACT 1917c — An act authorizing the use of convict labor on state highways; regulating 
 
 the handling of such labor; authorizing extra good time allowance; and providing 
 
 penalties for interference. 
 
 History: Approved April 27, 1915. In effect August 8, 1915. Stats. 
 1915, p. 218. 
 
 Convicts for state highway work. 
 
 $ 1. The department of engineering of the state of California may employ, or cause 
 to be emploj'ed, convicts confined in the state prisons in the construction, improvement 
 and maintenance of the state highway system provided for in the "State Highways 
 Act," approved March 22, 1909, and in the construction, improvement and maintenance 
 of any other state roads in California. 
 
 Upon the requisition of the department of engineering the state board of prison 
 directors shall send to the place and at the time designated the number of convicts 
 requisitioned, or such portion thereof as are in the judgment of the warden available. 
 
 Department of engineering to supervise work. 
 
 $ 2. The department of engineering shall designate and supervise all road work done 
 under the provisions of this act. It shall provide, supervise and maintain necessary 
 camps and commissariat. 
 
 Prison directors shall discipline. 
 
 $ 3. The state board of prison directors shall have full jurisdiction at all times over 
 the discipline and control of convicts employed on state roads. 
 
 I
 
 997 HIGHWAYS. Act 1917d, § 1 
 
 Expenses. 
 
 § 4. The expense of transportation of labor, necessary guarding, commissariat, 
 camps, and all other expense incidental to such work shall be borne by the respective 
 funds provided for such state road or highway work in the manner provided by law. 
 
 Convicts not to build bridges. 
 
 $ 41/2- Said convicts when employed under the provisions of this act shall not be 
 used for the purpose of building any bridge or structure of like character which 
 requires the emplo3'ment of skilled labor. 
 
 Good time allowance for work. 
 
 $ 5. The state board of prison directors is hereby empowered and directed to adopt 
 a special rule applicable solely to convicts employed as herein authorized and contem- 
 plated, whereby convicts so employed shall be granted additional good time allowance 
 conditioned upon their loyal, obedient and efficient co-operation with the state, but such 
 additional good time allowance shall not exceed one day for each two calendar days 
 that the convict is absent from the prison. 
 
 Interference with convicts, felony. Penalty. 
 
 $ 6. Any person who, without authority, interferes with or in any way interrupts 
 the work of any convict employed pursuant to this act, and any person not authorized 
 by law, who gives or attempts to give to any state prison convict so employed any 
 opium, cocaine, or other narcotic, or any intoxicating liquors of any kind whatever, or 
 firearms, weapons or explosives of any kind, is guilty of a felony, and upon conviction 
 thereof shall be punished by imprisonment in the state prison for a term not less than 
 one year nor more than five years, and shall be disqualified from holding any state 
 office or position in the employ of this state. Any officer or guard of any state prison, 
 or any superintendent of such road work, having in charge the convicts employed upon 
 such highways, may arrest without a warrant any person violating any jjrovision of 
 this section. 
 
 Repealed. 
 
 $ 7. All acts and parts of acts in conflict with the provisions of this act are hereby 
 repealed. 
 
 ROAD DIVISION VALIDATION ACT OF 1917. 
 ACT 1917d — An act to legalize the organization of permanent road divisions and vali- 
 date all proceedings for the issuance of bonds of said divisions where authority for 
 issuance of said bonds, has already been given by a vote of at least two-thirds of the 
 electors of any permanent road division. 
 
 History: Approved April 19, 1917. In effect July 27, 1917. Stats. 
 1917, p. 141. 
 
 Organization of permanent road-divisions validated. Time for instituting suit. 
 
 $ 1. In all cases where the board of supervisors of any county of this state, purport- 
 ing to act under and b}' virtue of the provisions of the Political Code applicable thereto, 
 has organized a permanent road division, all proceedings for the organization of smy 
 such road division and the organization thereof are hereby validated and declared legal 
 and no proceedings to test the validity of any such road division shall be maintained 
 unless instituted within ninety days from the effective date of this act. Whenever the 
 board of supervisors of any county has ordered the issuance of bonds of any such road 
 division, after an election of the qualified electors thereof has been held to determine 
 whether such indebtedness shall be incurred, at which election not less than two-thirds 
 of all qualified electors voting at such election have voted in favor of incurring such 
 indebtedness, all the proceedings preceding and including the issuance and the proposed
 
 Act 1918, §§ 1-4 GENERAL LAWS. 
 
 issuance of such bonds are hereby validated, ratified and confirmed; and all such bonds 
 sold or to be sold for not less than par and accrued interest are hereby declared to be 
 valid and legal obligations of such road divisions in accordance with their terms, and 
 no suit shall be maintained to prevent the issuance, sale or delivery of any such bonds 
 or to prevent the payment of principal or of the interest accruing thereon when such 
 principal and interest, respectively, become due in accordance with the terms of such 
 bonds, unless such suit is instituted within ninety days from the effective date of 
 this act. 
 
 STATE AID HIGHWAYS IN COUNTIES AND TOWNS. 
 
 ACT 1918 — An act providing for the construction and maintenance by the state of state 
 
 aid highways in counties and towns. 
 
 History: Approved June 5, 1913. In effect August 10, 1913. Stats. 
 1913, p. 461. 
 
 Supervisors may petition that highway be improved by department of engineering. 
 
 $ 1. The board of supervisors of any county may on a not less than four-fifths vote 
 of such board or governing body, petition the state department of engineering, herein- 
 after in this act called department, upon forms prepared by said department, or under 
 its direction to have any main public highway in the said county, or town improved 
 and maintained under the provisions of this act. Such petition shall contain a detailed 
 description of the highway petitioned to be improved, a statement as to whether or not 
 the rights of way for the said highway have been secured by the public; a statement 
 of the kind of construction work with which it is sought to have the highway improved, 
 and such other information and data as the department may prescribe. 
 
 Consideration of petition. Surveys, estimates, etc. State highway. 
 
 § 2. Upon receipt of such a petition the department shall give careful consideration 
 
 to the matters contained therein, and may authorize the body filing the petition to file 
 an amended or modified petition conforming to such regulations and conditions as in 
 the discretion of the department may be deemed just and proper. 
 
 If said department determine that public necessity and convenience require that such 
 highway should be laid out and be taken charge of by the state, it shall cause the engi- 
 neer or surveyor of the county in which the road to be improved is located to make 
 adequate surveys, plans, specifications and estimates thereof subject to the approval 
 and acceptance of the department. Upon approval by the department, a copy of the 
 petition, resolution or undertaking, plans, specifications and estimate shall be filed with 
 the department and also in the ofiSce of the recorder of the county in which the high- 
 way is situated and thereafter it shall be a state highway, and shall be constructed and 
 kept in good repair as the department shall direct, under the supervision of the engineer 
 or surveyor of the said county, the expense for construction and repair of same to be 
 proportioned and paid as hereafter provided. Such highways shall be known as state 
 aid highways. 
 
 Bridges and culverts constructed by county. 
 
 $ 3. The department shall not grant the prayer of any petition for the improvement 
 of a highway under the provisions of this act unless all necessary bridges and culverts 
 shall have first been constructed by the county, or town in which the highway is situ- 
 ated, in a manner satisfactory to the department, nor unless all necessary rights of way 
 have been secured by the public. All expenditures under the provisions of this act shall 
 be distributed equitably throughout the state. 
 
 Advertising and letting contract. Bids may be rejected. 
 
 $ 4. When the department is prepared for construction it shall so notify the govern- 
 ing body of the town or county in which the highway is located and f uinish them a veri- 
 
 I
 
 909 HIGHWAYS. Act 1918, §§ 5, 9 
 
 fied copy of the approved plans and specifications and the said governing body shall 
 proceed to advertise for bids and let the contract for construction in the manner pro- 
 vided for by the statutes for advertising and letting contracts for work on public high- 
 ways by counties. 
 
 Should the bids for constructing the highways exceed the figure mutually agreed upon 
 between the department and the county engineer as a reasonable compensation for the 
 work the bids shall be rejected and the work be done as the department shall direct. In 
 either case the county surveyor shall represent the department in the supervision of the 
 construction. Whenever the department deems it necessary, it may appoint an 
 inspector. 
 
 Payments. Two-thirds cost paid "by county. Monthly statement of expenditures. Pay- 
 able from any available fund. 
 
 $ 5. Payment for the work shall be made by the local governing body in the manner 
 provided by law for the payments of claims against the county for work of this class, 
 OH presentation of bills verified by the supervising engineer and approved by the 
 department. The cost of construction shall include therein the cost of the surveys, 
 drafting, engineering, inspection and other necessary expenses as well as the cost of 
 the actual work of construction. Two-thirds of the cost of construction as shown by the 
 bills approved by the department shall be paid by the county in which the highway is 
 located and one-third by the state. The cost of maintenance thereafter shall be equally 
 divided between the state and the county, the work to be done as the department 
 shall direct under the supervision of the county engineer. All bills for maintenance 
 shall be approved and paid in the same manner as the cost of construction. 
 
 On the 10th of each month following the month in which work of any kind has been 
 done, or expenses of any sort have been incurred in connection with the construction 
 or maintenance of a state aid highway, the treasurer of the county where the highway 
 is situated shall present to the department a verified statement of the amounts paid 
 for work performed during the previous month and a demand for a paj^ment of the 
 amount due from the state. Upon verification and approval of this demand the state 
 treasurer shall forward the amount to the county treasurer. The amount to be paid 
 by a county may be paid out of the proceeds of a bond issue, the general fund, the 
 general road district fund or out of the district funds of the road district in which 
 the said highway is located. 
 
 The proportion of expense borne by the state shall be paid out of any fund now 
 available, or which may hereafter be made available for the purpose, or out of special 
 appropriations for the purpose made by the legislature. 
 
 Moneys shall be paid by the state treasurer upon warrants duly drawn by the con- 
 troller of the state, upon demands made by the department and audited by the state 
 board of control. 
 
 Limit of cost. Bonds. 
 
 $ 6. The board of supervisors of any county may not, under the provisions of this 
 act, petition for the improvement of any highway the estimated cost of which by the 
 county surveyor or engineer of said county shall exceed the sum of fifty thousand 
 dollars, unless the same shall have been submitted to the electors of the county and 
 approved. The board of supervisors is hereby authorized to issue bonds under the 
 laws of this state for the construction of such highways and the approval of such bond 
 issue by the electors shall authorize the board of supervisors to proceed with the 
 construction of such highway under the provisions of this act.
 
 Acts 1019-1920b, §§ 1, 2 
 
 GENERAL. LAWS. 
 
 1000 
 
 Provisions of law applicable. 
 
 $ 7. All of the provisions of law relating to state highways and to the department 
 shall apply so far as they are applicable to all work done and to all methods employed 
 under this act. 
 
 Title of act. 
 
 $ 8. This act shall be known and cited as the "State Aid Highway Act." 
 
 PURCHASE OF "BIG OAK FLAT" AND "YOSEMITE AND WAWONA" ROADS. 
 ACT 1919 — An act to appropriate money to purchase certain roads within Yosemite 
 
 grant. 
 
 History: Approved March 14, 1889, Stats. 1889, p. 142. 
 C'on!«titutionaIity — Gift of state prop- 
 
 1 
 
 erty. — The act is constitutional and the ap- 
 propriation for the purchase of the unex- 
 pired lease of Yosemite and Wawona road 
 does not constitute a gift. — Yosemite, etc., 
 Co. V. Dunn, 83 Cal. 264, 23 Pac. 369. 
 
 2. Yosemite grant not subject to general 
 road laws. — No portion of the Yosemite 
 grant is subject to the general road laws 
 of the state, and a turnpike road therein, 
 constructed and operated under a ten-year 
 lease, did not betfome, under the provisions 
 
 of section 2619, of the Political Code, a 
 free public highway. — Yosemite, etc., Co. v. 
 Dunn, 83 Cal. 264, 723 Pac. 369. 
 
 3. Roads in Yosemite grant property of 
 state. — Roads laid out under a lease by coni- 
 missioners under the congressional grant of 
 the Yosemite Valley and Mariposa big tree 
 grove are the property of the state, and 
 under the control of such commissioners, 
 and not the board of supervisors. — Yo- 
 semite, etc., Co. V. Dunn, 83 Cal. 264, 23 
 Pac. 369. 
 
 t 
 
 LAKE TAHOE WAGON ROAD. 
 
 ACT 1920 — An act for the general improvement of Lake Tahoe wagon road. 
 History: Approved March 31, 1911, Stats. 1911, p. 529. 
 
 This act appropriated $15,000 for the pur- 
 pose indicated. 
 
 Appropriations T»ere made to improve and 
 complete the Lake Tahoe wagon road by 
 the act of March 8, 1907, Stats. 1907, p. 140, 
 $5000; April 12, 1909, Stats. 1909, p. 853, $20,- 
 000: March 31, 1911, Stats. 1911, p. 529, $15,- 
 000. 
 
 Editor's note: The act of March 25, 1895, 
 Stats. 1895, p. 1895, authorizes the state to 
 secure a right of way for the Lake Tahoe 
 wagon road and provided for a "Lake Tahoe 
 wagon road commissioner." This act was 
 superseded by the act of April 1, 1897, Stats. 
 1897, p. 388. 
 
 BRIDGE ON LAKE TAHOE WAGON ROAD. 
 ACT 1920a — An act to provide for the construction of permanent bridge work on the 
 Lake Tahoe wagon road, a state highway, and making an appropriation therefor. 
 History: Approved March 22, 1905, Stats. 1905, p. 796. 
 
 PLACERVILLE AND LAKE TAHOE WAGON ROAD. 
 
 ACT 1920b — An act declaring the wagon road extending from the western end of the 
 
 Lake Tahoe state wagon road to the eastern limits of the city of Placerville to be a 
 
 state highway. 
 
 History: Approved April 10, 1915. In effect August 8, 1915, Stats. 
 1915, p. 41. 
 
 Road from Lake Tahoe to Placerville declared state highway. 
 
 § 1. The wagon road extending from the western end of the Lake Tahoe state 
 wagon road to the eastern limits of the city of Placerville is hereby declared to be a 
 state highway and placed under the management and control of the department of 
 engineering, and it shall be the duty of the said department to locate, survey, construct 
 and reconstruct the same with such variations as will in the opinion of the said depart- 
 ment be advisable. 
 
 ^ 2. The said department is authorized and directed to take such steps as may be 
 necessary to acquire for the state all rights of way, roads, culverts, bridges, quarries, 
 timber and tools, machinery and appliances necessary to the construction and improve- 
 
 I 
 
 i
 
 1001 HIGIIWAI^S. Acts 1921-1825 
 
 ment of the said highway; provided, however, that no public corporation or political 
 subdivision of the state shall receive any compensation on account of the said road. 
 
 STATE HIGHWAY FROM MEYER'S STATION TO McKINNEY'S. 
 ACT 1921 — An act to provide a state highway from Meyer's station in El Dorado 
 county, California, to McEinney's in Placer county, California, and making an 
 appropriation therefor. 
 
 History: Approved March 9, 1911, Stats. 1911, p. 324. 
 
 This act appropriated $25,000 for the pur- An additional appropriation of $23,0O0 was 
 
 pose indicated, and placed the work under made by the act of June 7, 1913, Stats. 1913. 
 the control of the department of engineer- p. 869, and by the same act the construction 
 ins. '^^3 placed in the department of engineer- 
 
 ing. 
 
 ALPINE STATE HIGHWAY. 
 ACT 1922 — An act to establish the Alpine state highway; to define its course; to pi><y- 
 vide for its supervision, construction, repair and maintenance, and to make an 
 appropriation therefor. 
 
 History: Approved April 15, 1911, Stats. 1911, p. 931. 
 
 The following is the description of the connecting with the Lake Tahoe wagon 
 
 highway as given in the act: road, a state highway, at Osgood's place in 
 
 That certain road commencing at the El Dorado County, and the road from Mount 
 Calaveras big tree grove, located in Cala- Bullion via Loupe, in Alpine County, to 
 veras County, thence running to Dorrington Junction in Mono County, connecting with 
 in said county; thence easterly following the Sonora and Mono state highway, is 
 what is known as the Big Tree and Carson hereby declared and established a state 
 Valley turnpike, to Mount Bullion, in Al- highway and shall be designated and known 
 pine County; thence along county road to as the "Alpine State Highway." 
 Markleeville, in Alpine County; thence The act appropriated $35,000 for the pur- 
 along that certain road via Kirkwood, Sil- pose indicated. The work was placed un- 
 ver Lake, Pine Grove and Irishtown to der the control of the department of en- 
 Jackson, in Amador County, including there- gineering. 
 with the road from Pickett's in Hope Valley 
 
 STATE HIGHWAY FROM EMIGRANT GAP TO DONNER LAKE- 
 CONSTRUCTION. 
 ACT 1923 — An act to make an appropriation for the location, survey and construction 
 of a state highway from Emigrant Gap, Placer county, in an easterly direction 
 through what is known as the Truckee Pass, to the west end of Donner Lake in 
 Nevada county. 
 
 History: Approved March 13, 1909, Stats. 1909, p. 352. 
 This act appropriated ?15,000 for the purpose indicated. 
 
 STATE HIGHWAY FROM EMIGRANT GAP TO DONNER LAKE- 
 MAINTENANCE. 
 
 ACT 1924 — An act providing for the maintenance of the state highway from Emigrant 
 Gap, Placer county, to the west end of Donner Lake, Nevada County. 
 History: Approved April 21, 1911, Stats. 1911, p. 1044. 
 Thifl act appropriated $5,000 for the purpose indicated. 
 
 EMIGRANT GAP STATE ROAD— CHANGE OF GRADE. 
 ACT 1925 — An act to make an appropriation for changing the state road known as 
 Emigrant Gap so as to eliminate the grade crossing over the railroad track near 
 
 Summit station. 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stats, 
 1913, p. 1152.
 
 Acts 19:26-1030 ge:xii:ral laws. 1002 
 
 Appropriation: elimination of grade crossing, Emigrant Gap road. 
 
 $ 1. There is hereby appropriated out of any moneys in the state treasury not other- 
 wise appropriated the sum of four thousand dollars for making a change in the location 
 of the Emigrant Gap state road so as to eliminate the grade crossing of said road over 
 the railroad track near Summit station; provided, that the Southern Pacific Company 
 shall contribute not less than thx'ee thousand five hundred dollars for the same purpose. 
 
 Controller directed to draw warrants. 
 
 § 2, The state controller is hereby directed to draw his warrants in such sums, and 
 at such times as claims therefor, approved by the board of control, may be presented 
 by the department of engineering, and the state treasurer is hereby directed to pay 
 the same. 
 
 LASSEN COUNTY STATE HIGHWAY. 
 ACT 1926 — An act declaring a state highway from the Shasta county line throngh 
 Lassen county to the Modoc county line, and making an appropriation for its 
 improvement and maintenance. 
 
 History: Approved April 22, 1911, Stats. 1911, p. 1036. 
 TUs act appropriated $5,000 for the purpose indicated. 
 
 ALTURAS TO CEDARVILLE COUNTY ROAD. 
 ACT 1927 — An act to aid the county of Modoc in the construction of permanent work 
 on the county road between Alturas and Cedarville, and making an appropriation 
 therefor. 
 
 History: Approved March 22, 1905, Stats. 1905, p. 790. 
 This act appropriated $7,000 for the purpose indicated. 
 
 STATE HIGHWAY FROM SACRAMENTO TO FOLSOM. 
 
 ACT 1928 — An act to provide for the construction of a state highway or wagon road 
 
 from Sacramento city to Folsom, in Sacramento county, and appropriating crushed 
 
 rock and granite or stone blocks for drains and culverts for same. 
 
 History: Approved March 29, 1897, Stats. 1897, p. 239. 
 
 This act made no other appropriation than tempted to issue bonds to cover the cost of 
 
 that of crushed rock, stone, etc., from Fol- construction, but this attempt was held to 
 
 som Prison. The purpose was to make a be unauthorized. — See Devine v. Board Su- 
 
 model road for the inspection of the next pervisors, 121 Cal. 671, 54 Pac. 262. 
 legislature. The county of Sacramento at- 
 
 STATE HIGHWAY FROM MOUNT PLEASANT RANCH TO DOWNIEVILLE. 
 ACT 1929 — An act to make an appropriation for the location, survey and construction 
 
 of state highway from a point known as the Mount Pleasant ranch on the road 
 
 between Quincy and MarysviUe thence in a southeasterly direction by Eureka to 
 
 Downieville, Sierra county. 
 
 History: Approved March 8, 1907. Stats. 1907, p. 138. 
 
 This act appropriated $12,000 for the purpose Indicated. 
 
 DECLARING PART OF SONORA AND MONO WAGON ROAD, A STATE 
 
 HIGHWAY. 
 
 ACT 1930 — An act to declare a part of the Sonora and Mono wagon road, commencing 
 east of Sonora, at a point known as Long Bam, in Tuolumne county and running 
 thence across the summit of the Sierra Nevada mountains to Bridgeport, in Mono 
 county, a state highway. 
 
 History: Became a law under constitutional provision without gov- 
 ernor's approval March 12, 1901, Stats. 1901, p. 272.
 
 1003 HIGHWAYS. Acts 1931-1936 
 
 SONORA AND MONO STATE HIGHWAY. 
 ACT 1931 — An act to appropriate the sum of twenty thousand dollars for the pttrpose 
 of erecting and constructing bridges, culverts, and grading upon the Sonora and 
 Mono road, a state highway. 
 
 History: Approved March 18, 1905, Stats. 1905, p. 146. 
 
 TRINITY— HUMBOLDT STATE HIGHWAY. 
 ACT 1932 — An act to provide for locating and survejring a proposed highway from a 
 point on ttie Trinity river, in Trinity county, near the town of North Fork, thence 
 westerly down said river about forty miles to connect with an existing road in 
 Humboldt county, and making an appropriation therefor. 
 
 History: Approved March 26, 1903, Stats. 1903, p. 515. 
 This act appropriated $1,800 for the purpose indicated. 
 
 FREE WAGON ROAD FROM MONO LAKE BASIN TO THE "TIOGA ROAD." 
 ACT 1933 — An act providing for the construction of a free wagon road from Mono 
 Lake basin to the Tioga road. 
 
 History: Approved February 23, 1899, Stats. 1899, p. 26. A later 
 act of March 26, 1903, Stats. 1903, p. 523, made in appropriation of 
 $25,600 for the completion of the road provided for by this act. 
 This act appropriated $25,000 for tlie purpose indicated. 
 
 MONO LAKE BASIN STATE ROAD— EXTENSION. 
 
 ACT 1934 — An act extending the Mono Lake basin state road easterly to a junction 
 
 with the county road from Mono Lake postoffice to Mono Mills. 
 
 History: Approved May 29, 1917. In effect July 28, 1917. Stats. 
 1917, p. 1326. 
 
 Extension of Mono Lake basin state road. 
 
 § 1. The state department of engineering is hereby authorized and directed to 
 extend the Mono Lake basin state road easterly to a junction with the county road 
 from Mono Lake postoffice to Mono Mills, which said extension is hereby declared and 
 established as a portion of the Mono Lake basin state road. 
 
 TRINITY-TEHAMA-SHASTA-HUMBOLDT STATE HIGHWAY. 
 ACT 1935 — An act to provide for the survey, location and construction of a state high- 
 way connecting the present county road systems of any one or all the counties of 
 Trinity, Tehama and Shasta with the road system of Humboldt county, which will 
 most conveniently accommodate the citizens of said counties and making an appro- 
 priation therefor. 
 
 History: Approved March 8, 1907, Stats. 1907, p. 139. 
 This act appropriated $50,000 for the purpose indicated. 
 
 TRINITY-TEHAMA-SHASTA-HUMBOLDT STATE HIGHWAY- 
 COMPLETION. 
 
 ACT 1936 — An act for the construction and completion of a state highway connecting 
 the counties of Trinity, Tehama and Shasta with the road system of Humboldt 
 county. 
 
 History: Approved March 23, 1911. Stats. 1911, p. 455. 
 This act appropriated $50,000 for the purpose indicated.
 
 Acts 1937-1041, § 1 GENERAL LAWS. 1004 
 
 TRINITY-TEHAMA-SHASTA-HUMBOLDT STATE HIGHWAY— SURVEY OF 
 
 EXTENSION. 
 
 ACT 1937 — An act making an appropriation for the location and survey of a proposed 
 
 highway to connect the counties of Trinity, Tehama and Shasta with the road 
 
 system of Humboldt county. 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stata. 
 1913, p. 1134. 
 
 This act appropriated $3,000 for the purpose Indicated. 
 
 KINGS RIVER STATE HIGHWAY. 
 ACT 1939 — An act to provide for the location and construction of a pntlic highway 
 from the General Grant park in Fresno county; thence easterly a distance of about 
 fifty miles to the Kings river canyon; and making an appropriation for the con- 
 struction thereof; and providing for a commission to take charge of, locate and 
 construct said highway, and to repeal an act entitled "An act to appropriate money 
 for the survey, location and construction of a free wagon road from the town of 
 Mariposa in Mariposa county to the Yosemite valley," approved March 26, 1895. 
 
 History: Approved March 22, 1905, Stats. 1905, p. 797. Later acts 
 of March 13, 1909, Stats. 1909, p. 351, and April 21, 1911, Stats. 1911, 
 p. 1044, made additional appropriations for the completion of the 
 highway. 
 
 Tbis act appropriated $25,000 for the purpose indicated. The act of 1909 appropriated 
 
 a like amount, and the act of 1911, the same. 
 
 BAKERSFIELD, MARICOPA AND VENTURA STATE HIGHWAY. 
 ACT 1940 — An act declaring and establishing a state highway from the city of Bakers- 
 field through a portion of the counties of Kern, San Luis Obispo, Santa Barbara 
 and Ventura to the city of San Buena Ventura, designated and known as the 
 Bakersfield, Maricopa and Ventura state highway. ^ 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stats. 
 1913, p. 1134. 
 
 This act after describing the course of state highway, and the same is hereby 
 
 the highway contained the following pro- placed under the supervision and control 
 
 vision: of the state board of engineering; pro* 
 
 The entire length from Ventura to Bak- vided, that said highway shall not be and 
 
 ersfield being one hundred twenty-nine and become a state highway, and be and be- 
 
 twenty-five one-hundrodths miles, or there- come subject to the supervision and control 
 
 abouts, is hereby declared to be, and the of the state board of engineering until 
 
 same is hereby constituted, a state high- said highway shall have been fully com- 
 
 way, and shall be designated and known pleted. 
 as the Bakersfield, Maricopa and Ventura 
 
 WAGON ROAD FROM McKINNEY'S TO DONNER LAKE DECLARED A STATE 
 
 HIGHWAY. 
 
 ACT 1941 — An act declaring the wagon road from McKinney's to the west end of 
 
 Donner Lake a state highway. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 441. 
 
 Wagon road, McKinney's to Donner Lake, declared state highway. 
 
 $ 1. The wagon road extending along the west side of Lake Tahoe, from McKinney's 
 in El Dorado county to Tahoe city, thence alono: the Tmekee rivea- to Truckee and 
 thence in a westerly direction to the west end of Donner Lake in Nevada county, con- 
 necting with the present state higliway from Emigrant Gap, is hereby declared to be a 
 state highway and placed under the management and control of the department of 
 engineering, and it shall be the duty of the said department to locate, survey, con- 
 struct and reconstrnot the same with such variations as will in the opinion of the said 
 department be advisable. 
 
 ?*
 
 J005 HIGHWAYS. Acts 1941a, 1942, 8 1 
 
 Rights of way, etc., to be acquired. 
 
 $ 2. The said department is authorized and directed to take such steps as may be 
 necessary to acquire for the state all rights of way, roads, culverts, bridges, quarries, 
 timber and tools, machinery and appliances necessary to the construction and improve- 
 ment of the said highway; provided, however, that no public corporation or political 
 subdivision of the state shall receive any compensation on account of the said road. 
 
 PURCHASE OF PORTION OF GREAT SIERRA WAGON ROAD, OR 
 
 "TIOGA ROAD." 
 ACT 1941a — An act to appropriate money to purchase a portion of the Great Sierra 
 wagon road and to provide for the acceptance and maintenance of said road as a 
 state road. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 488. 
 
 Appropriation : Tioga road. 
 
 $ 1. There is hereby appropriated out of any money in the state treasury not other- 
 wise appropriated the sum of three thousand dollars for the purchase of that portion 
 of the Great Sierra wagon road, better known as the "Tioga road," lying without 
 the boundary of the Yosemite national park, approximately seven miles in length; 
 provided, that the portion of the said "Tioga road" lying within the Yosemite 
 national park is taken over by the national government and the maintenance therefor 
 is provided for. 
 
 Engineering department to purchase. 
 
 $ 2. The state department of engineering through the state engineer is hereby 
 authorized and directed to negotiate and complete the purchase of said portion of said 
 Great Sierra wagon road, and on behalf of the state of California to accept the deed 
 for the same from the OAvners thereof, and to secure from the boards of supervisors 
 of Tuolumne and Mono counties such orders as may be necessary to vacate any orders 
 previously made by said boards relative to any franchise or grant made for said road. 
 Upon the acceptance of said deed the said department of engineering shall improve and 
 maintain said road as a state road and any expense incurred after the date of the 
 acceptance of said deed shall be a proper charge against any mone}'^ in the state treas- 
 ury appropriated for the improvement and maintenance of state roads. 
 
 § 3. The state controller is hereby directed to draw his warrants on order and as 
 directed by the state engineer for the sum named, and the state treasurer is directed 
 to pay the same, for the purchase of the above named road. 
 
 BIG OAK FLAT AND YOSEMITE TOLL ROAD, A STATE HIGHWAY. 
 
 ACT 1942 — An act to take title to and thereafter maintain as a state highway, the 
 
 toll road in Tuolumne and Mariposa counties, known as the Big Oak Flat and 
 
 Yosemite road, also a section of Tuolumne county road to connect said toll road 
 
 with the Sonora lateral of the state highway. 
 
 History: Approved May 19, 1915. In effect August 8, 1915. Stats. 
 1915, p. 635. 
 
 Big Oak Flat and Yosemite road declared a state highway. 
 
 § 1. That all that certain toll road in Tuolumne and Mariposa counties known as 
 the Big Oak Flat and Yosemite road beginning at a point near the former location 
 of Jack Bell sawmill in Tuolumne county and extending thence in an easterly direction 
 through a portion of Mariposa county at Hamilton station, thence again into Tuolumne 
 county, past the Heardin ranch, Crocker station. Crane Flat and Gin Flat to the 
 boundary line of the original Yosemite Grant near Cacscade creek, about thirty-two
 
 Act 1942a, §§ 1-4 GENERAL LAWS. 1000 
 
 miles in length, is hereby declared a state highway, and shall hereafter be maintained 
 by the state under the supervision of the department of engineering. 
 
 Conveyance of title. 
 
 § 2. This act shall not take effect until the county of Tuolumne shall have deposited 
 with the state department of engineering a good and sufficient conveyance, conveying 
 thereby title to said road without cost or charge to the state of California; and when 
 said conveyance shall have been so delivered, the state engineer shall then take charge 
 of said road and maintain the same out of the moneys provided by law for the main- 
 tenance of state highways. 
 
 Connecting road taken over. 
 
 $ 3. Also, the state engineer is hereby authorized to take over from the county of 
 Tuolumne the section of road, approximately twenty-seven miles in length, connecting 
 the western terminus of the Big Oak Flat and Yosemite toll road to the Sonora lateral 
 of the state highway — ^provided no money consideration shall be given for roadbed or 
 rights of way — and declare the same a state highway and maintain it with the funds 
 available for maintaining state highways. Said connecting section of road beginning 
 at the western terminus of said toll road shall run westerly via the main traveled route 
 through Smith's ranch, Groveland, Big Oak Flat and over the new Priest hill highway 
 to Jacksonville. From this point the state engineer shall select from the routes avail- 
 able, the road he deems the most practicable, direct and easily maintained to make 
 connection with the state highway lateral. 
 
 *'YOLO AND LAKE HIGHWAY." 
 ACT 1942a — An act to establish the Yolo and Lake highway; to define its course; to 
 provide for its location and survey; and to make an appropriation therefor. 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 478. 
 
 Yolo and Lake highway established. 
 
 § 1. A highway commencing at the town of Rumsey, in the county of Yolo, state 
 of California, and following generally, the meanderings of Cache creek, along the most 
 practical and feasible route, to the town of Lower Lake, in the county of Lake, state 
 of California, and to be known as "Yolo and Lake Highway," be and the same is 
 hereby declared and established. 
 
 Department of engineering to locate and survey. 
 
 § 2. That the said department of engineering is hereb}' authorized to locate the said 
 highway, and to make the surveys and investigations necessary for such location, 
 together with the estimates of cost, and make a report thereof to the governor of the 
 state of California; that said department of engineering may make such variations in 
 the location of said road as, in the opinion of said department, may be deemed 
 advisable. 
 
 Appropriation. 
 
 § 3. There is hereby appropriated out of any money in the state treasury, not other- 
 wise appropriated, the sum of three thousand (3,000) dollars, to be expended under 
 the supervision of said department, for the location and survey of said highway, and 
 the estimates of the cost thereof. The state controller is hereby directed to draw 
 his warrants in such sums and at such times as the said engineer may present claims 
 therefor, and the state treasurer is directed to pay the same. 
 
 4 4. That the state shall not be responsible for any sum other than the amount 
 herein appropriated.
 
 1007 HIGHWAYS. Acts 1943-1943b, §§ 1. 2 
 
 TAHOE CITY AND CRYSTAL BAY STATE HIGHWAY. 
 ACT 1943 — An act making an appropriation for the location, survey and construction 
 of a state highway from Tahoe city, Placer county, along the northern boundary of 
 Lake Tahoe to the western boundary of the state of Nevada at Crystal bay in Placer 
 county. 
 
 History: Approved June 9, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1328. 
 
 Appropriation: survey, highway from Tahoe city to Crystal bay. 
 
 $ 1. For the location, survey and construction of a state highway from Tahoe city, 
 Placer county, along the northern boundary of Lake Tahoe to the western boundary of 
 the state of Nevada at Crystal bay, in Placer county, there is hereby appropriated 
 out of any money in the state treasury, not otherwise appropriated, the sum of three 
 thousand dollars, contingent upon the appropriation by the county of Placer of a 
 like sum for the same purpose. 
 
 $ 2. The work of locating, surveying and constructing said highway is hereby placed 
 under the management and control of the state department of engineering. 
 
 $ 3. The state controller is hereby directed to draw his warrants in such amounts 
 and at such times as said engineer may present claims therefor, and the state treasurer 
 is directed to pay the same. 
 
 STATE HIGHWAY FROM KERN COUNTY TO NORDHOFF. 
 ACT 1943a — An act to provide for the survey, location and estimate of cost of a state 
 highway from a point on the present located California state highway in Kern 
 county, California, south of Bakersfield, southerly to the town of Nordhoff, Ventura 
 county. 
 
 History: Approved June 12, 1915. In effect August 11, 1915. Stats. 
 1915, p. 1491. 
 
 Appropriation : survey of highway to Nordhoff. 
 
 $ 1. There is hereby appropriated out of any moneys in the state treasury not 
 otherwise appropriated, the amount of eight thousand dollars for the survey and loca- 
 tion and preparation of estimate for a state highway, beginning at some point on the 
 present located state highway in Kern county, south of Bakersfield, southerly to the 
 town of Nordhoff, Ventura county. 
 
 ^ 2. The work of surveying, locating and making of an estimate is placed under 
 the charge of the state department of engineering, and it shall be the duty of said 
 department to make such location and survey along the route which in their opinion is 
 deemed most advisable. 
 
 HIGHWAY FROM SURPRISE VALLEY TO THE NEVADA LINE. 
 ACT 1943b — An act providing for an appropriation for the location, survey and con- 
 struction of a highway to lead from Suprise valley, in Modoc county, to the Nevada 
 state line. 
 
 History: Approved June 12, 1915. In effect August 11, 1915. Stats, 
 1915, p. 1530. 
 
 Appropriation: highway across Middle lake. 
 
 $ 1. There is hereby appropriated out of any money in the state treasury, not other- 
 wise appropriated, the sum of twenty thousand dollars for the location, survey and 
 eonstruction of a highway across Middle lake in Surprise valley, in Modoc county, 
 California, 
 
 § 2. The work of locating, surveying and constructing said highway shall be under 
 the management and control of the state department of engineering, and it shall be
 
 Acta 10-I3r, 1043d. fi 1 GENERAL LAWS. 1008 
 
 the duty of said state department of engineering to start the survey, location and con- 
 struction at a point east of Cedarville, in Modoc county, California, at the shore of 
 Middle lake; thence across the bed of said lake a distance of about two miles to con- 
 nect with a road leading from Forty-nine cauyon into the state of Nevada. 
 
 ^ 3. The state controller is hereby instructed and directed to draw his warrants in 
 such amounts and at such times as the department of engineering may present claims 
 therefor, and the state treasurer is directed to i>ay the same. 
 
 HTfillWAY FROM PESCADKRO TO CALIFORNIA REDWOOD PARK. 
 
 ACT 1943c — An act to provide for locating, surveying and maintaining a highway from 
 
 Pescadero in the county of San Mateo to the California Redwood Park in Santa 
 
 Cru2 county, and making an appropriation therefor. 
 
 History: Approved June 12, 1H15. lu effect August 11, 1915. Stats. 
 1915. p. 1529. 
 
 Highway, Pescadero to Redwood Park. 
 
 ^ 1. That a liighway shall be constructed from Pescadero in the county of San 
 Mateo to the California Redwood Park, in the county of Santa Cruz. 
 
 Responsibility of state. 
 
 ^ 2. The responsibility of the state of California in the location. 8ur\'ey, construc- 
 tion and maintenance of said highway shall cease with the expenditure of the appro- 
 priation herein contained. m; 
 
 Work under control of engineering department. 
 
 § 3. The work of locating, surveying and constructing said highway, to the extent 
 of the expenditure of the appropriation herein contained is hereby placed under the 
 management and control of the state dejjartment of engineering, and it shall be the 
 duty of said department, to the extent of such expenditure to locate, survey and con- 
 struct said highway along the route above described, with such variations as will, in 
 the opinion of said department, be deemed advisable. 
 
 Appropriation. 
 
 ^ 4, There is hereby appropriated out of any money in the state treasury, not other- 
 wise api)ropriated, the sum of ten thousand dollars to be expended under the super- 
 vision of said state department of engineering for the location, survey and construction 
 of said highway. Said appropriation shall be available as set forth in section 5 hereof, 
 only in the event that the board of supervisors of the county of San Mateo file with 
 the state controller resolutions pledging said county to the completion and main- 
 tenance of said highway. 
 
 ^ 5. The state controller is hereby directed to draw his warrnnts in such sums and 
 at such times as the state engineer may present claims therefor, and the state treasurer 
 is directed to pay the same. 
 
 PASADENA STATE HIGHWAY. ^ 
 
 ACT 1943d— An act making an appropriation for the location and survey of a state 
 highway, to be known as the Pasadena state highway. 
 
 History: Approved June 9, 1915. In effect August 8, 1916. Stats. 
 1915, p. 1379. 
 
 Appropriation: highway. La Caiiada to Antelope. 
 
 ^ 1. There is hereby appropriated out of any money in the stnte treasury not other- 
 wise appropriated the sum of seventy-five hundred dollars ($7500) for the location and
 
 1009 HIGHWAYS. Acts 1943e, 1944 
 
 survey of a state highway to connect the La Canada valley in Los Angeles county with 
 the Antelope valley in said county, to be known and designated as the Pasadena state 
 highway. 
 
 § 2. The work of locating and surveying said highway shall be under the manage- 
 ment and control of the state department of engineering, and it shall be the dut}' of 
 the said department of engineering to start survey from a point about two miles north- 
 east from La Caiiada; thence following north and northwesterly the Arroyo Seco to a 
 point east of Hoyt ranch; thence northeasterly following Tujunga canyon and Mill 
 creek to Tie canyon; thence northwesterly by the way of Kennedy springs to Vincent, 
 all in the county of Los Angeles, state of California, 
 
 6TATE HIGHWAY FROM SARATOGA GAP TO CALIFORNIA REDWOOD PARK. 
 
 ACT 1943e — An act to provide for the survey and construction of a state highway from 
 
 Saratoga Gap, on the line between the counties of Santa Clara and Santa Cruz, to, 
 
 into and within California Redwood Park in Santa Cruz county, and making an 
 
 appropriation therefor. 
 
 History: Approved June 13, 1913. In effect August 10, 1913. Stats. 
 1913, p. 855. 
 
 Appropriation: state highway, Saratoga Gap to Bloom's mill. 
 
 5 1. There is hereby appropriated out of any money in the state treasury not other- 
 wise appropriated, the sum of seventy thousand dollars for the survey and construction 
 of a state highway from a point known as Saratoga Gap on the line between the 
 counties of Santa Clara and Santa Cruz, extending thence by the most practicable route 
 in a generally southwesterly direction along the ridge between the San Lorenzo and 
 Pescadero creeks to the present boundary of the California Redwood Park, thence 
 into the California Redwood Park in Santa Cruz county to Governor's Camp, and 
 thence through said park to the boundary thereof at Bloom's milL 
 
 Right of way. 
 
 § 2. No portion of this appropriation shall be available until a strip of land or 
 right of way not less than two hundred feet in width for said road, along said route 
 from the Santa Clara county line to the present boundary of said California Redwood 
 Park has been deeded to or otherwise acquired by the state of California to form a part 
 of said California Redwood Park. 
 
 Work under department of engineering. 
 
 § 3. The work of locating, surveying and constructing said highways is hereby 
 placed under the management of the state department of engineering, and it shall be 
 the duty of the said department to locate, survey and construct said road along the 
 route herein mentioned, subject to the approval of said California Redwood Park 
 commission. 
 
 State controller directed to draw warrant. 
 
 $ 4. The state controller is hereby directed to draw his warrant in such sums and 
 at such times as the state engineer may present claims therefor and the state treas- 
 urer is hereby directed to pay the same. 
 
 STATE HIGHWAY FROM SAN BERNARDINO TO REDLANDS. 
 
 ACT 1944 — An act declaring and establishing a state highway from the city of San 
 
 Bernardino, by way of Arrowhead avenue, Waterman canyon, the "Crest drive" 
 
 and MiU creek to the city of Redlands. 
 
 History: Approved May 29, 1917. In effect July 28, 1917. Stats. 
 1917, p. 1314, 
 Gen. Laws — 64
 
 Acts 101-la. 104 tb, 9 1 GE:NERAL LAWS. 1010 
 
 State highway established. 
 
 § 1. A certain highway in San Bernardino county, running substantially as follows : 
 
 Beginning at a point in Waterman canyon at the termination of the pavement of the 
 
 San Bernardino county highway system, thence following the meanderings of the road 
 
 known as the "Crest drive" into Bear valley, ending at a point directly opposite the 
 
 most easterly point of Bear lake. 
 
 The entire length thereof is hereby declared to be and the same is hereby constituted 
 a state highway, and the same is hereby placed under the supervision and control of 
 the state board of engineering; provided, that the said state board of engineering is 
 empowered and authorized to change the route of said highway whenever and wherever 
 it may deem wise. 
 
 TAKING OVER ROAD IN BOULDER CREEK TOWNSHIP, SANTA CRUZ 
 
 COUNTY. 
 
 ACT 1944a — An act providing for the taking over by the state of California of a cer- 
 tain road in Boulder Creek township, county of Santa Cniz, and for the maintenance 
 and improvement of the same as a state road under the supervision of the state 
 department of engineering. 
 
 History: Approved May 29, 1917. In effect July 28, 1917. Stats. 
 1917, p. 1325. 
 
 Road conveyed to state. 
 
 $ 1. The board of supervisors of the county of Santa Cruz, state of California, is 
 hereby authorized to transfer and convey unto the state of California, that certain 
 road situate in Boulder Creek township, county of Santa Cruz, state of California, 
 and described as follows, to wit: Beginning at the intersection of Main and Lorenzo 
 streets in the town of Boulder Creek, thence running in a northwesterly direction 
 over the present traveled road to the Sequoia schoolhouse; thence running over the road 
 known as the Boulder Creek and state park road to the easterly boundary of the Cali- 
 fornia Redwood Park; length of road, nine and one-half miles; apd to execute on the 
 part of said county of Santa Ciniz, a deed to the state of California to carry into effect 
 such transfer and conveyance. 
 
 The state department of engineering, through the state engineer, is hereby authorized 
 and directed to accept said deed and said road on behalf of the state of California. 
 
 Improvement by department of engineering. 
 
 ^ 2. Upon the acceptance of such deed, the said department of engineering shall 
 improve and maintain said road as a state road and any expense incurred in such work 
 after the date of the acceptance of said deed, shall be a proper charge against any 
 money in the state treasury available for the improvement and maintenance of state 
 roads. 
 
 HIGHWAY BETWEEN SUSANVILLE AND THE NEVADA LINE. 
 
 ACT 1944b — An act making an appropriation for the survey, location and construction 
 
 of a highway between Susanville in Lassen county and a point on the line between 
 
 California and Nevada, approximately two miles east of Constantia in said county. 
 
 History: Approved June 1, 1917. In effect July 31, 1917. Stats. 
 1917, p. 1611. 
 
 Appropriation: highway in Lassen county. 
 
 $ 1. Out of any money in the state treasury not otherwise appropriated, there is 
 hereby appropriated the sum of sixty thousand dollars for the survey, location and 
 construction of a highway by the most direct and feasible route, to follow as nearly as 
 practicable the line of the road as it now exists, running in an easterly direction from
 
 1011 HIGHWAYS. Acts 1945-1945b, § 1 
 
 Susanville in Lassen county to a point on the line between California and Nevada, 
 approximately two miles east of Constantia, in said county; provided, however, that 
 the money hereby appropriated shall not become available until there is also available 
 a like sum provided by the county of Lassen for the same purpose. 
 
 $ 2. The work of locating, surveying and constructing said road is placed under the 
 management and control of the state department of engineering. 
 
 HIGHWAY FROM TRUCKEE TO THE NEVADA LINE. 
 ACT 1945 — An act declaring and establishing a state highway from the town of 
 Tnickee running in a northeasterly direction along the present traveled road to the 
 Nevada state line near Verdi. 
 
 History: Approved April 15, 1919. In effect July 22, 1919. Stats. 
 1919. p. 102. 
 State highway to Nevada. 
 
 $ L A certain highway in Nevada and Sierra counties, running substantially as 
 follows: From a point in the town of Truckee, where the present state highway 
 branches at the subway under the Southern Pacific tracks, going toward Lake Tahoe, 
 continuing through the town of Truckee, crossing Prosser creek and over what is 
 known as the "Dog Valley grade," as far as the state line about one mile northwest 
 of Verdi, Nevada, a distance of twenty-two and one-half miles, more or less. 
 
 The entire length thereof, is hereby declared to be and the same is hereby constituted 
 a state highway, and the same is hereby placed under the supervision and control of 
 the state highway commission of the state department of engineering; provided, that 
 the said state department of engineering is empowered and authorized to change the 
 route of said highway whenever and wherever it may be expedient. 
 
 HIGHWAY FROM BUTTE COUNTY HIGHWAY TO WILLOWS. 
 
 ACT 1945a — An act declaring and establishing a state highway between the present 
 
 state highway in Butte county and the present state highway in Glenn county, over 
 
 existing county roads passing through Butte city and Glenn post office to Willows. 
 
 History: Approved May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1190. 
 
 State highway established. 
 
 $ 1. That certain highway beginning at a point on the present state highway in 
 
 Butte county about three miles northerly of the town of Biggs, thence extending 
 
 westerly and crossing Cherokee canal and Butte creek and extending through Butte 
 
 city and across the Sacramento river; thenCe northerly to Glenn post office; thence 
 
 westerly to the town of Willows in Glenn county and the entire length thereof is hereby 
 
 declared to be and the same is hereby constituted a state highway and said road is 
 
 hereby placed under the supervision and control of the state department of engineering; 
 
 provided, that the said department of engineering is empowered and authorized to 
 
 improve the said road and to change the route thereof whenever and wherever it may 
 
 deem expedient. 
 
 DECLARING HIGHWAY FROJM LONG BARN TO SONORA A STATE HIGHWAY. 
 ACT 1945b — An act declaring the public highway extending from Long Bam in 
 Tuolumne county to the eastern boundary of the city of Sonora to be a public state 
 highway. 
 
 History: Approved May 27, 1919. In effect July 27, 1919. Stats. 
 1919. p. 1069. 
 
 Sonora and Mono road declared state highway. 
 
 § 1. All that portion of the public highway commencing at the end of the Sonora 
 and Mono state highway at Long Barn in Tuolumne county and leading therefrom to
 
 Acts 1940, 1050, g 1 GENER AI. I,AVtS. 1012 
 
 the eastern boundary of the city of Sonora and known as the Sonera and Mono road, 
 is hereby declared to be a state highway and placed under the management and control 
 of the department of engineering; and it shall be the duty of the said department to 
 locate, survey, construct and reconstruct the same, with such variations as may, in 
 the opinion of said department, be advisable. 
 
 CHAPTER 145. 
 
 HISTORIC PROPERTY. 
 
 References: Erection of commemorative tablets, or monuments at historic spots or 
 
 places. See, Kerr's Cyc. Political Code, § 4052c. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1950. Acquisition, Preservation, etc., of Certain Historic Properties. 
 
 1951. California Historical Survey Commission. 
 
 1952. Board of Trustees op the Pio Pico Mansion. 
 
 1953. Record of California in Great War. 
 
 ACQUISITION, PRESERVATION, ETC., OF CERTAIN HISTORIC PROPERTIES. 
 
 ACT 1950 — An act to provide for the acquisition of the old mission at Sonoma, of 
 Fort Ross property, of the landing-place at Monterey of Junipero Serra, and the old 
 theater property at Monterey, and providing for the preservation, maintenance, 
 protection and improvement of said properties. 
 
 History: Approved February 21, 1905, Stats. 1905, p. 17. 
 
 Acquisition of Fort Ross. 
 
 § 1. The board of Sutter's Fort trustees, created and existing under an act entitled 
 "An act to provide for the appointment of a board of Sutter's Fort trustees, and the 
 acquisition of the Sutter Fort property, and providing for an appropriation for the 
 preservation, protection and improvement of said property," approved March seventh. 
 
 h^ 
 
 Improvement. 
 
 § 2. The said department is authorized and directed to take such steps as may be 
 necessary to acquire for the state all rights of way, roads, culverts, bridges, quarries, 
 timber, tools, machinery and appliances necessary for the contruction and improvement 
 of the said highway; provided, however, that no public corporation or political sub- 
 division of the state shall receive any compensation on account of said road. ^^1 
 
 REPORT ON ROAD LAWS. 
 
 ACT 1946 — An act providing for an investigation by the legislative counsel of laws 
 
 relating to roads, streets, highways and bridges, and for the submission of a report 
 
 thereon to the governor for presentation to the legislature. 
 
 History: Approved March 25, 1919. In effect July 22, 1919. Stats. 
 1919, p. 18. 
 
 Report on road laws by legislative counsel. 
 
 § 1. The legislative counsel is hereby directed to investigate and study the existing 
 laws of this and other states relating to roads, streets, highways and bridges, and to 
 prepare a report, accompanied by a draft of an act or acts, codifying and perfecting the 
 laws of this state relating thereto. Such report shall be printed by the superintendent 
 of state printing and shall be submitted to the governor on or before the first day of 
 November in the year 1920, and shall be presented by him to the legislature at the 
 opening of its forty-fourth session. 
 
 HILLSBOROUGH. 
 
 See Act 3094, note. 
 
 f
 
 1013 HISTORIC PROPERTY. Act 1951, 8§ 1-4 
 
 eighteen hundred and nintey-one, are hereby authorized to receive and accept from 
 William Randolph Hearst, trustee of the Landmarks Fund, without cost to the state, 
 the possession and title to the old mission at Sonoma and Fort Ross iu the county of 
 Sonoma. 
 
 Preservation, maintenance, protection and improvement of property. 
 
 $2. The said board of Sutter's Fort trustees shall provide for the preservation, 
 maintenance, protection and improvement of the property hereinbefore described, in 
 such way and manner as in their judgment may seem best and proper. 
 
 Acquisition of landmarks at Monterey. 
 
 § 3. The board of Monterey customhouse trustees created and existing under an act 
 entitled "An act to provide for the appointment of a board of Monterey customhouse 
 trustees and for the acquisition and control of the Monterey customhouse property, and 
 providing for an appropriation for the preservation, protection and improvement of said 
 property," approved March sixteenth, nineteen hundred and one, are hereby author- 
 ized to receive and accept from William Randolph Hearst, trustee of the Landmarks 
 Fund, without cost to the state, possession and title to the landing-place at Monterey of 
 Junipero Serra, in the county of Monterey, and old theater property at Monterey, in 
 the county of Monterey. 
 
 Preservation, maintenance, protection and improvement of property. 
 
 $ 4. The said board of Monterey customhouse trustees shall provide for the preser- 
 vation, maintenance, protection and improvement of the property last before described, 
 in such way and manner as in their judgment may seem best and proper. 
 
 $ 5. This act shall take effect immediately. 
 
 CALIFORNIA HISTORICAL SURVEY COMMISSION. 
 
 ACT 1951 — An act to create a commission for the purpose of making a survey of local 
 
 historical material in the state of California; defining the power and duties of said 
 
 commission; and making an appropriation therefor. 
 
 History: Approved June 12, 1915. In effect August 11, 1915. Stats. 
 1915, p. 1528. Amended May 17, 1917. In effect July 27, 1917. Stats. 
 1917, p. 572. 
 
 Historical survey commission. 
 
 § 1. There is hereby established a California historical survey commission composed 
 of three members to be chosen as hereinafter provided. 
 
 § 2. The members of this commission shall be appointed by the governor of the 
 state of California; provided, only that one of the members of said commission shall 
 be nominated by board of regents of the University of California, and that one of the 
 members of said commission shall be nominated by the board of grand officers of the 
 Order of Native Sons of the Golden West; all nominations however shall be subject to 
 approval by the governor. 
 
 Term- 
 
 § 3. The commissioners first named shall be appointed for terms ending .July 1, 
 1916, and their successors shall be appointed for a term of two years; the said com- 
 missioners to serve without salary. 
 
 Purpose of commission. Models of mission buildings. Notice. 
 
 $4. The purpose of this commission shall be to make a survey of the material on 
 local history within the state of California by investigating documents in local deposi- 
 tories and in the possession of private individuals and other sources of original infor-
 
 Act 1952, § 1 
 
 GENERAL LAWS. 
 
 1014 
 
 mation on the early history of the state of California and to compile, keep and publish 
 a record of such sources of information; and to investigate and acquire infonnation as 
 to the physical characteristics of the several missions which were maintained in the 
 state of California under the charge of the Franciscan Fathers prior to the time of the 
 secularization thereof, and to cause to be made a record thereof, and to be created 
 models of the several mission buildings and outbuildings connected therewith, which 
 shall be accurate representations of the mission buildings and outbuildings con- 
 nected with the same as they were at the time when the Franciscan Fathers were in 
 charge, and the same shall be known respectively as the California Model of each par- 
 ticular mission in question, and the said commission shall cause to be prepared plans 
 and specifications sufficient in detail to enable any of said buildings and outbuildings to 
 be restored, and the commission shall have authority to pass upon and determine the 
 relative accuracy of information to be obtained and to establish for the state the 
 models and plans and specifications thereof; provided, however, that no model shall 
 thus be established as the correct model of any mission unless the said commission shall 
 first have published for a period of at least sixty days a notice to the public fixing a 
 time and place at which any person interested in the said respective mission, or having 
 information as to the condition of said mission buildings, or any part thereof, may 
 present to the commission facts, papers, documents, records or other information sub- 
 stantiating the said person's ideas as to the condition of said mission buildings at the 
 time in questions, which notice must be published in one newspaper in the city of San 
 Francisco, one newspaper in the city of Sacramento, one newspaper in the city of Los 
 Angeles, and one newspaper in the county in which said mission building was situated. 
 [Amendment of May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 572.] 
 
 Powers. 
 
 § 5. This commission shall have power to oi^anize the work of the commission ; to 
 appoint such assistants as it shall deem necessary, and to fix their compensation; and to 
 spend such other moneys as it may deem advisable, but no expenditure of money by the 
 commission shall exceed the amount appropriated by this act; to make and enforce 
 rules governing this commission and to do such other things as shall be necessary to 
 carry out the provisions and the purposes of this act. 
 
 $ 6. This commission shall meet at such times and places within the state of Cali- 
 fornia, as may be expedient and necessary for the proper performance of its duties, 
 such times and places to be designated and determined by this commission. 
 
 Appropriation. 
 
 § 7. The sum of ten thousand dollars or so much thereof as may be necessary, is 
 hereby appropriated out of any money in the state treasury, not otherwise appropriated, 
 to be expended in accordance with law for the purposes of this act. 
 
 BOARD OF TRUSTEES, PIG PICO MANSION. 
 
 ACT 1952 — An act to provide for the appointment of a board of Pio Pico mansion 
 
 trustees and for the acquisition of the Pio Pico mansion property; and making an 
 
 appropriation for the preservation and protection of said property. 
 
 History: Approved June 1, 1915. In effect August 8, 1915. Stata. 
 1915, p. 1056. The act of May 14, 1917, Stats. 1917, p. 530, appropriated 
 $900 to carry out the purposes of this act. 
 
 Pio Pico mansion trustees created. 
 
 $ 1. There is hereby created the board of Pio Pico mansion trustees, which shall con- 
 sist of three members, at least two of whom shall be residents of Los Angeles county. 
 Within thirty days after this act shall go into effect the governor shall appoint one 
 member of said board for the term of two years and two members for the term of four
 
 1015 HISTORIC PROPERTY. Act 1952, §§ 2, 3 
 
 3 cars. Thereafter each member shall be appointed by the governor and shall hold office 
 for four years and until his successor is appointed and qualified. Vacancies shall be 
 filled by appointment in the same manner for an unexpired term. 
 
 President and secretary. Compensation. 
 
 $ 2. Immediately upon their appointment said board of Pio Pico mansion trustees 
 shall organize by electing a president, a secretary, and a treasurer from their number. 
 When empowered by the said board, the said president and secretary may do and per- 
 form all things pertaining to the duties of the board. No member of the board shall 
 receive any compensation for his services, but shall be reimbursed his actual necessary 
 expenses incurred when traveling on the business of the board. 
 
 Authorized to receive mansion. 
 
 $ 3. The said board of Pio Pico mansion trustees are hereby authorized to receive 
 and accept from the city of Whittier without cost to the state, the possession of and 
 the title to that certain property known as Pio Pico mansion and grounds, and which is 
 particularly described as — 
 
 All that certain real property situate in the county of Los Angeles, state of California, 
 described as follows : 
 
 Beginning at a point marked by a 2x2 pine stake which is N. 61** 13' W. eighteen 
 feet from a point which is S. 39° W. 184.50 feet from the most easterly corner of the 
 lot conveyed to the city of Whittier by deed recorded in book 1300, page 77 of deeds of 
 Los Angeles county records; thence N. 61° 13' W. 97 feet to a li4-inch pipe; thence 
 S. 39° 47' W. 165 feet to a 2 x 2 pine stake; thence S. 61° 13' E. 97 feet to a 2 x 2 pine 
 stake; thence S. 61° 13' E. 97 feet to a 2 x 2 pine stake; thence N. 39° 47' E. 165 feet to 
 the place of beginning, the same lying and being in lot 24 Raneho Ranchito or Paso de 
 Bartolo in the county of Los Angeles, state of California, and being that proportion of 
 lot 24 as shown on Map A, attached to a decree in partition of a portion of said raneho 
 in case No. 21613, superior court records of the county of Los Angeles, state of Cali- 
 fornia, recorded in book 999, page 81 et seq., of deeds; 
 
 Together with all and singular tenements, hereditaments, and appurtenances thereunto 
 belonging or in anywise appertaining, and the reversion and reversions, remainder and 
 remainders, rents, issues and profits thereof; 
 
 Conditions of transfer. 
 
 To have and to hold, all and singular, the said premises, together with the appurte- 
 nances for and during so long a period of time as said mentioned and herein described 
 property shall be used for the purposes of a museum, and so long as they shall keep in 
 good order, condition and repair such building or buildings as are now on said property 
 wherein shall be deposited and kept, collected, preserved and cared for such records, 
 books, manuscripts, charts, maps, and other materials as may be deemed worthy of a 
 place in the archives of the said state of California kept and maintained on the property 
 herein conveyed and for no other purpose whatever. 
 
 Right of way reserved. 
 
 It is understood and agreed that the said city of WTiittier shall have the use of the 
 eighteen-foot right of way along the east line of the city land described in said deed 
 and recorded in book 1300, page 77, Los Angeles county deed records, being an eighteen- 
 foot roadway and extending from the county road to the premises described above, and 
 the same being a private roadway for the use of the property by the city of Whittier; 
 
 Also, there is reserved to the city of Whittier the water rights thereunder, and the 
 right of way thereon.
 
 Acts 1953-1054a GENERAL LAWS. 1018 
 
 Appropriation. 
 
 § 4. Out of any moneys in the state treasury not otherwise appropriated there is 
 hei-eby appropriated the sum of four hundred dollars, to be expended during the sixty- 
 seventh and sixty-eighth fiscal years in accordance with law for the purpose of carrying 
 out the provisions of section three of this act. 
 
 RECORD OF CALIFORNIA IN GREAT WAR. 
 ACT 1953 — An act directing the California historical survey commission to prepare a 
 record of California's part in the war between the United States and the central 
 European powers and to compile biographical sketches of California's citizens who 
 served in the army, navy or marine corps of the United States during said war, and 
 making an appropriation to carry out the purposes hereof. 
 
 History: Approved May 23, 1919. In effect July 23, 1919. Stats. 
 1919, p. 830. 
 
 History of California's service in great war. 
 
 $ 1. It shall be the duty of the California historical survey commission to prepare 
 and compile for publication a record of California's part in the great war between the 
 United States and the central European powers. It shall be the further duty of the 
 said commission to prepare and compile for publication a book or books in which shall 
 appear a brief biography, together with a picture or likeness if obtainable, of each citi- 
 zen of the state of California who served in either the army, navy or marine corps of 
 the United States of America at any time during said war. 
 
 Appropriation. 
 
 § 2. Out of any money in the state treasury not otherwise appropriated, there is 
 hereby appropriated the sum of five thousand dollars to be expended by the California 
 historical survey commission in carrying out the duties imposed upon it by this act. 
 
 CHAPTER 146. 
 
 HOGS. 
 
 References: See, generally, tits. "Animals"; "Estrays"; "Livestock"; and "Trespassing 
 Animals." 
 Hogs running at large in particular counties, see particular title. 
 
 HOGS RUNNING AT LARGE IN CERTAIN COUNTIES. 
 ACT 1954 — An act to prevent hogs from running at large in the towns of Susanville, 
 Lassen county, Sutter Creek township number two, Amador county, and Oroville, 
 
 Butte county. 
 
 History: Approved March 23, 1872, Stats. 1871-72, p. 510. 
 
 Editor's note. — The code commissioner intimates that this act is affected by the provi- 
 sions of the general estray law of 1897; but see editor's note to chapter on "Estrays." 
 
 ACT 1954a — An act to prevent hogs and goats running at large on certain lands in this 
 
 state. 
 
 History: Approved March 31, 1876, Stats. 1875-76, p. 644. Amended 
 February 15, 1878, Stats. 1877-78, p. 85. The prior act of March 30, 
 1874, Stats. 1873-74, p. 904, was superseded by the present act. 
 
 This act declared It unlawful to allow any act was expressly made applicable to El Do- 
 hogs or goats to run at large on the lands rado, Placer, and San Joaquin counties, 
 included in any townsite which has received Editor's note: The code commissioner in- 
 or may thereafter receive patents under the timates that the act was affected by the 
 act of congress granting townsites to unin- provision.s of the general estray law of 1897; 
 corporated towns on the public lands. The but see editor's notb to chapter on "Es- 
 trays." 
 
 i
 
 1011 BOI.IDAYS. Acta 1»55-1957, 88 1. :: 
 
 CHAPTER 147. 
 
 HOLIDAYS. 
 
 References: Holidays In general, see Kerr's Cyc. Political Code, §§ 10, et seq.; Kerr's 
 Cyc. Code Civil Procedure, §§10-13, 76, 134-135; Kerr's Cyc. Civil Code, §§7, et seq. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 1955. Holidays Declared by Municipalities. 
 
 1956. Lincoln's Birthday Declared a Legal Holiday. 
 
 1957. Lincoln's 100th Birthday Declared a Legal Holiday. 
 
 HOLIDAYS DECLARED BY MUNICIPALITIES. 
 ACT 1955 — An act authorizing boards of supervisors or other governing bodies of 
 municipalities to declare holidays. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 658. 
 
 § 1. The board of supervisors or other governing body of any county, town, city, or 
 city and county, may declare the day on which a primary or other election is held in 
 such municipality to be a holiday therein. 
 
 LINCOLN'S BIRTHDAY DECLARED A LEGAL HOLIDAY. 
 ACT 1956 — An act declaring February 12, the birthday of Abraham Lincoln, a legal 
 
 holiday and providing for a half -day session in the public schools on such holiday, 
 
 and for certain exercises in the public schools. 
 
 History: Approved April 13, 1909, Stats. 1909, p. 861. 
 Lincoln day. 
 
 $ 1. February 12th, the birthday of Abraham Lincoln, is hereby declared a legal holi- 
 day, provided, however, that all the public schools throughout the state shall hold ses- 
 sions in the forenoon of that day in order to allow the customary exercises in memory 
 of Lincoln; and provided, further, that when February 12th falls on Sunday, then Mon- 
 day following shall be a legal holiday and shall be so observed ; and provided still fur- 
 ther, that when February 12th falls on Saturday such exercises in the public schools 
 shall take place on the Friday afternoon preceding. 
 
 LINCOLN'S lOOTH BIRTHDAY DECLARED A LEGAL HOLIDAY. 
 ACT 1957 — An act declaring Friday, February twelfth, 1909, the 100 birthday of Abra- 
 ham Lincoln, a legal holiday and providing for a half -day session of the public 
 schools for that day. 
 
 History: Approved January 20, 1909, Stats. 1909, p. 2. 
 
 $ 1. Friday, February twelfth, 1909, the 100th anniversary of the birth of Abraham 
 Lincoln, is hereby declared a legal holiday, provided, however, that all public schools 
 throughout the state shall hold sessions in the forenoon of that day in order to allow 
 the customary exercises in memory of the martyred president. 
 
 J 2. This act shall take effect immediately. 
 
 HOLLISTER. 
 
 See Act 3094, note. 
 
 HOLTVILLE. 
 
 See Act 3094, note.
 
 Act 1974, §§ 1-3 GKNERAL LAWS. (018 
 
 CHAPTER 148. 
 
 HOMESTEADS. 
 
 References: Homesteads, see Kerr's Cyc. Civil Code, §§ 1237, et seq. 
 Homestead Corporations, see Kerr's Cyc. Civil Code, §§ 557, et seq. 
 Homesteads, probate, see Kerr's Cyc. Code Civil Procedure, §§ 1443, 1474, et seq. 
 
 CONTENTS OF CHAPTER. 
 ACT 1974. Formation and Extension of Homestead Corporations. 
 
 FORMATION AND EXTENSION OF HOMESTEAD CORPORATIONS, 
 ACT 1974 — An act supplementary to an act entitled an act to authorize the formation 
 of corporations to provide the memhers thereof with homesteads, or lots of lands suit- 
 able for homesteads, approved May twentieth, eighteen hundred and sixty-one. 
 
 History: Approved March 23, 1874, Stats. 1873-74, p. 525. The act 
 to which this was supplementary was approved May 20, 1861, Stats. 
 1861, p. 567; was amended March 30, 1868, Stats. 1867-68, p. 539; 
 March 29, 1870, Stats. 1869-70, p. 474; was supplemented April 4, 
 1864, Stats. 1863-64, p. 492; the supplementary act amended March 30, 
 1868, Stats. 1867-68, p. 539; and was superseded by the code. See 
 Kerr's Cyc. Civil Code, §§ 557, et seq. 
 
 Extension of time for homestead corporations. 
 
 § 1. Any corporation formed under the act to which this act is supplemental, whose 
 period of existence is not stated in its articles of incorporation to be ten years, may 
 continue its corporate existence for ten j'^ears from the date of filing its articles of 
 incoi-poration, upon complying with the provisions of this act. 
 
 How existence continued. 
 
 § 2. Any such corporation existing on the first day of January, eighteen hundred 
 and seventy-four, may at any time before its period of existence, as stated in its articles 
 of incorporation, shall expire, continue its existence^ as stated in section one of this 
 act, by a majority vote of its board of trustees at any meeting of such board, or by a 
 vote of a majority of the stockholders, as the board of trustees may elect. A certificate 
 of the action of the directors, signed by them and their secretary, when the election is 
 made by their vote, or upon the written consent of the stockholders or members, or a 
 certificate of the proceedings of the meeting of the stockholders or members, when such 
 election is made at any such meeting, signed by the chairman and secretary of the meet- 
 ing and a majority of the directors, must be filed in the office of the clerk of the county 
 where the original articles of corporation are filed, and a certified copy thereof must be 
 filed in the office of the secretary of state ; and thereafter the corporation shall continue 
 its existence under the provisions of this act, and shall possess all the rights and powers, 
 and be subject to all the obligations, restrictions, and limitations prescribed by the act 
 of which this is supplementary. 
 
 $ 3. This act shall take effect from and after its passage. 
 
 HOMING PIGEONS. 
 See Kerr's Cyc. Penal Code, $ 598a. 
 
 HONEY. 
 See tits, "Adulteration"; "Apiaries," 
 
 ^i 
 
 ¥ 
 
 I
 
 1019 HOPS. Acts 1991-2002, g 1 
 
 CHAPTER 149. 
 HOPS. 
 
 CONTENTS OF CHAPTER. 
 ACT 1991. Fixing Take on Baled Hops. 
 
 FIXING TARE ON BALED HOPS. 
 ACT 1991 — An act fixing rate of tare on taled hops. 
 
 History: Approved March 31. 1891, Stats. 1891, p. 452. 
 
 $ 1. There shall be allowed on baled hops a tare at the rate of two per centum of 
 the weight of the bale for the cloth and other material used in baling; that is, the tare 
 shall be at the rate of two pounds per hundred on the weight of the bale. 
 
 $ 2. This act shall take effect and be in force from and after its passage. 
 
 CHAPTER 150. 
 
 HOETICULTURE. 
 References: County boards of horticulture, see Kerr's Cyc. Political Code, §§ 2322, et seq. 
 State board of horticultural examiners, see Kerr's Cyc. Political Code, § 2322. 
 State commission of horticulture, see Kerr's Cyc. Political Code, §§ 2319, et seq. 
 See, generally, tits. "Agriculture"; "Forestry"; "Fruit"; "Viticulture." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2001. Horticultural Nomenclature. 
 
 2002. Pear and Walnut Blight Investigation. 
 
 2009. Horticultural Act of 1912. 
 
 2010. Fraudulent Sale op Fruit Trees. 
 
 2011. Destructive Diseases of Cultivated Plants. 
 
 2012. Sale and Shipment of Frosted Citrus Fruits. 
 
 2013. Date Palm Distribution and Quarantine. 
 
 HORTICULTURAL NOMENCLATURE. 
 ACT 2001 — An act to provide for the proper naming of trees, seeds, plants, and vines, 
 sold, offered, or exposed for sale in this state and providing a penalty for the viola- 
 tion of this act. 
 
 History: Approved March 3, 1905, Stats. 1905, p. 44. 
 
 Penalty for false naming. 
 
 ^ 1. All trees, seeds, plants and vines, sold, offered or exposed for sale in the state of 
 California shall be properly named as to variety and kind, and any person knowingly 
 selling, trading, or exchanging, or offering or exposing for sale any trees, seeds, plants 
 or vines falsely named as to variety and kind shall be guilty of a misdemeanor, and shall 
 be liable to a fine of not less than ten dollars, nor more than three hundred dollars. 
 
 PEAR AND WALNUT BLIGHT INVESTIGATION. 
 ACT 2002 — An act to provide for an investigation of the nature of the diseases known 
 as pear blight and walnut blight and to prevent, eradicate, and procure a cure for the 
 same and to cause to be prosecuted experimental and research work in the field of 
 viticulture, directing publication of the results of such experiments and investigations, 
 making an appropriation therefor and prescribing the duties of the controller and 
 treasurer in relation thereto. 
 
 History: Approved March 18, 1905, Stats. 1905, p. 124. 
 
 Viticulture; experimental and research work in the field. Pear blight, prevention and 
 
 suppression of. Walnut blight, remedy for. 
 
 $ 1. The regents and the president of the University of California are hereby 
 directed to cause to be prosecuted with all possible diligence^ in connection with and in
 
 Act 2009 GENERAL LAWS. 1020 
 
 addition to the work heretofore carried on by the agricultural experiment station, 
 experimental and research work in the field of viticulture, including both cultural and 
 industrial processes. They are directed to ascertain the adaptation of the various kinds 
 of vines to the several climatic and soil conditions of the state, with the special refer- 
 ence to those stocks for propagating purposes, resistant to the phylloxera, and to further 
 their adaptability and utility as grafting stocks for producing wine, raisin and table 
 grapes. They are directed to ascertain the best methods of grafting and propagating 
 said stocks and vines together with the most important methods of vinification and prep- 
 aration, manufacture and application of yeasts in vinification and distillation. They 
 are further directed to report upon the utilization of the by-products of the vineyard 
 and winery, the study and treatment of the vine diseases, and all matters appertaining 
 to the viticultural industry pertinent to the successful conduct of the business and that 
 may be of general public interest, use and profit. They are further directed to publish 
 the result of said experiments and investigations in form of bulletins from time to time, 
 as may seem advisable and not less than two bulletins showing the progress and result 
 of the work, shall be issued in any fiscal year. 
 
 And they are further directed to inaugurate an investigation of the cause, nature, and 
 means of suppression or prevention, of the so-called pear blight, a destructive, infec- 
 tious disease of pear and apple trees. For such investigation said director shall obtain 
 and establish such assistants, equipment, materials, appliances, apparatus and other 
 incidentals as may be necessary to the successful prosecution of the work, within the 
 appropriation specified. 
 
 And they are further directed to secure a remedy for the so-called walnut blight. The 
 said regents are hereby authorized to employ an expert and if necessary, to send him 
 abroad to ascertain the cause of this blight and in an endeavor to secure a remedy 
 therefor. 
 
 Appropriation. 
 
 § 2. There is hereby appropriated for the use of said experiment station, for the 
 purposes set forth in this act, the sum of twenty thousand dollars ($20,000). 
 
 Expenditure, under whose direction. 
 
 ^ 3. All money appropriated under this act shall be paid to the regents of the Uni- 
 versity of California, and expended under the direction of the director of the agricul- 
 tural experiment station of said university for the specific purposes herein named. 
 
 HORTICULTURAL ACT OF 1912. 
 ACT 2009 — An act to provide for the protection of horticulture and to prevent the 
 introduction into this state of insects or diseases, or animals, injurious to fruit or 
 fruit trees, vines, hushes or vegetables, providing for a quarantine for the enforce- 
 ment of this act, making a violation of the terms of the act a misdemeanor, and pro- 
 viding the penalty therefor ; providing that said act shall he an urgency measure and 
 go into effect immediately, and repealing that certain act entitled "An act for the 
 protection of horticulture and to prevent the introduction into this state of insects, or 
 diseases, or animals, injurious to fruit or fruit trees, vines, bushes or vegetables, and 
 to provide for a quarantine for the enforcement of this act," approved March 11, 
 
 1899. 
 
 History: Approved January 2, 1912, Stats. 1912, p. 433 (second 
 ex. sess.). Prior act of April 9, 1880, Stats. 1880, p. 36, was superseded 
 by. act of March 14, 1881, Stats. 1881, p. 88, was repealed by, the 
 act of March 31, 1897, Stats. 1897, p. 244, which, with its various 
 amendments of 1905 (Stats. 1905, p. 297) and 1907 (Stats. 1907, 
 p. 112) was superseded by the code, see Kerr's Cyc. Political Code, 
 §§ 2322-2322e. Prior act of March 9, 1885, Stats. 1885, p. 40, was super- 
 seded by the act of March 11, 1899, Stats. 1899, p. 91, which was 
 amended February 19, 1903, Stats. 1903, p. 32, and repealed by the 
 present act.
 
 1021 HOKTICULTLRE. Act 2002, 99 1> > 
 
 Inspection of articles brought into state. Notice of arrival required. Authority of 
 inspector. Disinfection. Nothing to be removed prior to infection. 
 § 1. Any person, persons, firm or corporation who shall receive, bring or cause to be 
 brought into the state of California, any nursery stock, trees, shrubs, plants, vines, cut- 
 tings, grafts, scions, buds or fruit pits, or fruit or vegetables, or seed, shall immediately 
 after the arrival thereof notify the state commissioner of horticulture, or deputy quar- 
 antine oflScer, or quarantine guardian of the district or county in which such nursery 
 stock, or fruit or vegetables or seed are received, of their arrival, and hold the same 
 without unnecessarily moving the same, or placing such articles where they may ba 
 harmful, for the immediate inspection of such state commissioner of horticulture, or 
 deputy quarantine oflScer or guardian. If there is no quarantine guardian or state horti- 
 cultural quarantine officer in the county where such nursery stock or fruit or vegetable, 
 or seed is received, it shall then be the duty of such person, persons, firm or corporation 
 to notify the state commissioner of horticulture, who shall make immediate arrange- 
 ments for their inspection. The state commissioner of horticulture, deputy quarantine 
 officer, quarantine guardian or such person or persons as shall be commissioned by the 
 state commissioner of horticulture to make such inspection, or to represent said com- 
 missioner, is hereb}' authorized and empowered to enter at any time into any car, ware- 
 house, depot or upon any ship within the boundaries of the state of California whether 
 in the stream or at the dock, wharf, dock, mole, or any other place where such nursery 
 stock or fruit or vegetables or seed or other described articles are received or in which 
 such nursery stock or fruit or vegetables or seed is imported into the state, for the pur- 
 pose of making the investigation or examination to ascertain whether such nursery 
 stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vege- 
 tables or seed is infested with any species of injurious insects, or their eggs, larvae or 
 pupae or other animal or plant disease. 
 
 If after such examination or inspection, any of the said described articles are found 
 to be so infested or infected as aforesaid, then it shall be the duty of the owner, owners, 
 or persons, firm or corporation having charge or possession thereof to so disinfect at 
 his or their expense such portion or portions of the ship, dock, wharf, mole, car, ware- 
 house or depot where said articles may have been located in such a manner as to destroy 
 all infection or infestation present or that is liable to be present, and all articles or 
 packages or soils apt to be so infested or infected shall be held until the said articles or 
 packages or soils have been thoroughly disinfected and all injurious insects, or their 
 eggs, larvae or pupae or other animal or plant disease have been eradicated and de- 
 stroyed; provided, however, that all articles of nursery stock, trees, shrubs, plants, 
 vines, cuttings, grafts, scions, buds, fruit pits, fruits, vegetables or seed which are 
 infested or infected with such species of injurious insects or their eggs, larvae or pupae 
 or other animal or plant disease which may be or be liable to be injurious to the 
 orchards, vineyards, gardens or farms within said state, shall be destroyed or reshipped 
 out of the state as hereinafter provided. The said officer so making such inspection 
 shall not permit any of the described articles so coming in contact with said infested or 
 infected articles or any articles which might convey infection or infestation to be 
 ie:.iOved or taken from any such car, warehouse, depot, ship, dock, wharf or any other 
 place until after such infection or infestation shall have been destroyed- 
 
 Marking required on articles undergoing shipment. 
 
 § 2. Each carload, case, box, package, crate, bale or bundle of trees, shrubs, plants, 
 vines, cuttings, grafts, scions, buds or fruit pits, or fruit or vegetables or seed, imjDorted 
 or brought into this state, shall have plainly and legibly marked thereon in a con- 
 spicuous manner and place the name and address of the shipper, owner, or owners or 
 person forwarding or shipping the same, and also the name of the person, firm or cor- 
 poration to whom the same is forwarded or shipped, or his or its responsible agents,
 
 Act 2002, §g 3-5 GCNICRAL, I>AW'S. 1022 
 
 also the name of the country, state or territory where the contents were grown and a 
 statement of the contents therein. 
 
 Destruction of infected or infested articles. Shipment out of state of articles found 
 
 infected or infested. 
 
 $ 3. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, 
 grafts, scions, buds, fruit pits or seed or vegetables or fruit, imported or brought into 
 this state, is found infested or infected with any species of injurious insects, or their 
 eggs, larvae or pupae or other animal or plant disease or there is reasonable cause to 
 presume that they may be so infested or infected, which would cause damage, or be 
 liable to cause damage, to the orchards, vineyards, gardens or farms of the state of 
 California, or which would be or be liable to be detrimental thereto or to any portion 
 of said state, or to any of the orchards, vineyards, gardens or farms within said state 
 such shipment shall be immediately destroyed by the state commissioner of horticulture, 
 his deputy quarantine officer, quarantine guardians or other person or persons, who shall 
 be commissioned by the state commissioner of horticulture to make such inspection; 
 provided, however, that if the nature of the injurious insects, or their eggs, larvae, 
 pupae or animal or plant disease be such that no damage or detriment can be caused to 
 the said orchards, vineyards, gardens or farms of California or any of the same by the 
 shipment of the same out of the state, then the said state commissioner of horticulture, 
 his deputy quarantine officer, quarantine guardians or other person or persons who 
 shall be commissioned by the state commissioner of horticulture to make such inspection, 
 and who shall make such inspection, shall notify the owner or person, firm or corpora- 
 tion having possession or control of said articles to ship the same out of the state within 
 forty-eight hours after such notification, and it shall be the duty of such owner or 
 owners, or person, firm or corporation, to so ship said articles, but such shipment shall 
 be under the sole direction and control of the officer so making the inspection and shall 
 be at the expense of the owner or owners, his or their agent or agents, and for a failure 
 to comply with such notice such owner or owners, his or their agent or agents shall be 
 deemed guilty of a violation of the terms of this act and be punished accordingly and 
 immediately after the expiration of the time specified in said notice said articles shall 
 be seized and destroyed by said officer at the expense of the said owner or owners, his 
 or their agent or agents. 
 
 Shipment passing through state. 
 
 § 4. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, 
 grafts, scions, fruit, fruit pits, vegetables or seed, or any other horticultural or agri- 
 cultural product passing through any portion of the state of California in transit, is 
 infested or infected with any species of injurious insects, their eggs, larvae or pupae 
 or animal or plant disease, which would cause damage, or be liable to cause damage to 
 the orchards, vineyards, gardens or farms of the slate of California, or which would 
 be, or be liable to be, detrimental thereto or to any portion of said state, or to any of 
 the orchards, vineyards, gardens or farms within said state, and there exists danger of 
 dissemination of such insects or disease while such shipment is in transit in the state of 
 California, then such shipment shall be placed within sealed containers, composed of 
 metallic or other material, so that the same can not be broken or opened, or be liable to 
 be broken, or opened, so as to permit any of the said shipment, insects, their eggs, 
 larvae or pupae or animal or plant disease to escape from such sealed containers and 
 the said containers shall not be opened while within the state of California. 
 
 Fruit fly. 
 
 § 5. No person, persons, firm or corporation shall bring or cause to be brought into 
 the state of California any fruit or vegetable or host plant which is now known to be,
 
 1023 HORTICULTURE. Act 2002, gg 6-11 
 
 or hereafter may become a host plant or host fruit of any species of the fruit fly family 
 Trypetidae from any country, state or district where such species of Trypetidae is 
 known to exist and any such fruit, vegetable, or host plant, together with the container 
 and packing, shall be refused entry and shall be immediately destroyed at the expense 
 of the owner, owners or agents. 
 
 Peach yellows or peach rosette. 
 
 § 6. No person, persons, firm or corporation shall bring or cause to be brought into 
 the state of California any peach, nectarine, or apricot tree or cuttings, grafts, scions, 
 buds or pits of such trees, or any trees budded or grafted upon peach stock or roots that 
 have been in a district where the disease known as "peach yellows" or the contagious 
 disease known as "contagious peach rosette" are known to exist, and any such attempt- 
 ing to land or enter shall be refused entry and shall be destroyed or returned to the 
 point of shipment at the option of the owner, owners or agent, and at his or their 
 expense. 
 
 Injurious animals. 
 
 $ 7. No person, persons, firm or corporation shall bring or cause to be brought into 
 the state of California any injurious animals known as English or Australian wild rab- 
 bit, flying fox, mongoose or any other animal or animals detrimental to horticultural or 
 agricultural interests. 
 
 Penalty. 
 
 5 8. Any person, persons, firm or corporation violating any of the provisions of this 
 act shall be guilty of a misdemeanor and shall be punished by imprisonment in the 
 county jail for a period not exceeding six months, or by a fine not exceeding five hun- 
 dred dollars, or by both such fine and imprisonment. 
 
 Act an urgency measure. 
 
 $ 9. It is hereby determined and declared that this act and each and all of the pro- 
 visions thereof, constitute and is an urgency measure necessary for the immediate pres- 
 er^'ation of the public safety and health. The facts constituting such necessity are as 
 follows: There now exist in various islands and territory in close proximity to the 
 state of California dangerous and injurious fruit and plant diseases and insects and 
 animals, and heretofore fruits, vegetables, plants, seeds and other articles of horticul- 
 ture and agriculture from said islands and territory have been and now are being 
 shipped and brought into the state of California, which are to a large extent infested 
 and infected with dangerous and injurious fruit and plant diseases and insects, their 
 eggs, larvae and pupae, and which if continued to be brought into the state will cause 
 great danger to the public health, and will greatly damage the horticultural and agri- 
 cultural interests of said state, and will also be detrimental to the public health, and 
 this act is necessary to provide ample power to prevent the introduction of such insects 
 and diseases and injurious animals into the state and to prevent the spread of such dis- 
 ease, insects and animals. 
 
 Repeal of former law. 
 
 $ 10. That certain act entitled "An act for the protection of horticulture, and to pre- 
 vent the introduction into this state of insects, or disease, or animals, injurious to fruit 
 or fruit trees, vines, bushes, or vegetables, and to provide for a quarantine for the 
 enforcement of this act," approved March 11, 1899, is hereby repealed. 
 
 In effect immediately. 
 
 $ 11. This act, being an urgency measure as above set forth, shall take effect and be 
 in full force immediately from and after its passage.
 
 Acta 2010, 2011 
 
 GENERAL. LAWS. 
 
 102* 
 
 1. Constltntionallty — E^xerolse of Judicial 
 yo^er by executive officer. — The act of 1881 
 was held to be constitutional, a proper ex- 
 ercise of the police power and that the ac- 
 tion of the horticultural commissioners In 
 determining whether a particular place was 
 a nuisance or not was not an exercise of 
 judicial power within the meaning of article 
 III of the constitution. — County of Los An- 
 geles V. Spencer, 126 Cal. 670, 77 Am. St. 
 Rep. 217, 59 Pac. 202. 
 
 2. Same. — The act of 1897 was constitu- 
 tional. — County of Riverside v. Butcher, 133 
 Cal. 324, 65 Pac. 745. 
 
 3. Same — "All places, orchards, nurs- 
 eries," "Pests injurious to plants," nui- 
 sances. — "All places, orchards, nurseries," 
 etc., infected with "scale insects, or codlin 
 moth, or other pests injurious to fruit 
 plants," constitute nuisances in fact, and it 
 was within the power of the legislature so 
 to declare. — County of Los Angeles v. 
 Spencer, 126 Cal. 670, 77 Am. St. Rep. 217, 
 59 Pac. 202. 
 
 4. Procedure — Complaint. — A complaint 
 in an action to foreclose the lien given the 
 act of 1897 which alleges service upon an 
 agent in charge and in possession of the 
 premises, requiring hins to destroy the 
 scale and insects within ten days after 
 such service shows a sufficient service un- 
 der the act. — County of Riverside v. 
 Butcher, 133 Cal. 324, 65 Pac. 745. 
 
 5. Same — Same — Prayer. — ^The fact that 
 the prayer of the complaint to enforce the 
 lien under the act of 1897 asks for a per- 
 sonal judgment does not vitiate the corn- 
 plaint. — County of Riverside v. Butcher, 
 133 Cal. 324, 65 Pac. 745. 
 
 5a. Expenses of fumigation. — As to lia- 
 bility of owner of infected orchard for the 
 expenses of fumigation. — County of San 
 Bernardino v. Stewart, 173 Cal. 253. 
 
 6. Lien — Notice. — The fact that the no- 
 tice states that the county claims the bene- 
 fit of the mechanics' lien law and others 
 does not vitiate the claim of lien allowed 
 by the act of 1897. — County of Riverside v. 
 Butcher, 133 Cal. 324, 65 Pac. 745. 
 
 7. Same — Time of accrual. — The right of 
 the county to the lien given by the act 
 of 1897 accrues when it pays the expense 
 of destroying the scale or insects, and not 
 when the work is done, and the county has 
 thirty days after such accrual to file its 
 notice. — County of Riverside v. Butcher, 
 133 Cal. 324, 65 Pac. 745. 
 
 8. Same — Not a delinquent tax. — The 
 lien given by the act for the expense of 
 abating the nuisance. Is for an indebted- 
 ness due the county, and is not a delin- 
 quent tax, and its enforcement in the man- 
 ner prescribed by the act is not without 
 due process of law. — County of Los An- 
 geles V Spencer, 126 CaL 670, 77 Am. St. 
 Rep. 217, 59 Pac. 202. 
 
 FRAUDULENT SALE OF FRUIT TREES. 
 ACT 2010 — An act prohibiting the sale of any fruit tree or fruit trees of a certain kind, 
 variety or description and the delivery thereafter with the intent to deceive to the 
 purchaser of a fruit tree or fruit trees of a different kind, variety or description, and 
 providing penalties for the violation thereof, and prescribing the time within which 
 prosecutions under this act may be commenced. 
 
 History: Approved March 15, 1907, Stats. 1907, p. 275. 
 
 § 1. It shall be unlawful for any person, persons, firm or corporation, acting either 
 as principal or agent, to sell, to any person, persons, firm or corporation any fruit tree 
 or fruit trees representing same to be of a certain kind, variety and description and 
 thereafter to deliver to such purchaser in filling such order and in completing such sale 
 a fruit tree or fruit trees of a different kind, variety or description than the kind, 
 variety or description of such fruit tree or fruit trees so ordered and sold. 
 
 $ 2, Any person violating any provisions of this act shall be deemed guilty of a mis- 
 demeanor and upon conviction shall be fined in a sum not less than fifty ($50) dollars, 
 nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not 
 less than twenty days or more than six months, or by both fine and imprisonment. 
 
 ^ 3, Prosecutions under this act may be commenced at any time within seven years 
 from the time of the delivery of such fruit tree or fruit trees mentioned in section one. 
 
 § 4. This act shall take effect and be in force from and after its passage. 
 
 DESTRUCTIVE DISEASES OF CULTIVATED PLANTS. 
 ACT 2011 — An act providing for the investigation of the nature and means of control 
 of destructive diseases of cultivated plants in those portions of the state not bene- 
 fited by the Southern California Pathological Laboratory, and making an appropria- 
 tion therefor. 
 
 History: Approved April 26. 1909. Stats. 1909, p. 1092.
 
 1025 HORTICULTURE. Acts 2012, 2013 
 
 Investigation of tree diseases. 
 
 $ 1. The regents and the president of the University of California are hereby 
 directed to maintain in connection with the agricultural experiment work of the uni- 
 versity in those portions of the state not benefited by the Southern California Patho- 
 logical Laboratory, a scientific station or laboratory with the necessary equipment for 
 the investigation of the nature and means of control of injurious and destructive 
 diseases of cultivated trees, plants and crops. 
 
 Information to growers. 
 
 § 2. They are directed to make or cause to be made investigations of such troubles 
 as pear blight, peach blight, olive knot, apricot failures, pear scab, apple diseases, root 
 rot, root knot, diseases of tomatoes, potatoes, asparagus, onions and other vegetables, 
 and such other plant diseases as may be called to their attention. They shall also fur- 
 nish information and practical demonstrations to the growers of these crops as to the 
 best means of control for such diseases. 
 
 Appropriation. 
 
 ^ 3. The sum of fifteen thousand dollars is hereby appropriated out of any money in 
 the state treasury not otherwise appropriated to be expended by the regents of the 
 University of California in carrying out the purposes of this act and the state con- 
 troller is hereby authorized and directed to draw his warrant for the same, payable to 
 the regents of the University of California, and the treasurer of the state is hereby 
 directed to pay such warrant. 
 
 SALE AND SHIPMENT OF FROSTED CITRUS FRUITS. 
 ACT 2012 — An act regulating the sale and shipment of citrus fruits damaged by frost; 
 and prescribing penalties for the violation of the provisions thereof. 
 
 History: Approved May 3, 1915. In effect August 8, 1915. Stats. 
 1915, p. 328. 
 
 Unlawful to ship citrus fruit showing certain per cent of drying. 
 
 $ 1. It is unlawful for any person, firm or corporation to ship, offer for shipment, 
 sell or offer for sale citrus fruits in boxes or in bulk, if the contents of any package, 
 or if the fruit in bulk contains fifteen per cent or more of citrus fruits which on a 
 transverse section through the center, shows a marked drying in twenty per cent or more 
 of the exposed pulp. 
 
 Commissioner of horticulture to enforce law. 
 
 § 2. It shall be the duty of the commissioner of horticulture and his deputies to 
 enforce the provisions of this act and bring to the notice of the proper authorities any 
 violation thereof. The commissioner and his deputies shall have full power to enter 
 any place where oranges, lemons, or grapefruit are grown, picked, packed, shipped or 
 offered for shipment, sold or offered for sale, to inspect such place or any part thereof. 
 
 § 3. Any person, firm or corporation violating any provision of this act is guilty of 
 a misdemeanor. 
 
 DATE PALM DISTRIBUTION AND QUARANTINE. 
 ACT 2013 — An act to regulate the distribution of date palms and date palm offshoots 
 and to hold the same in quarantine under the supervision of the state commissioner 
 of horticulture until they are free from Marlatt scale (Phoenicococcus marlatti) and 
 Blanchard scale (Parlatoria blanchardii) when introduced from, or grown in, any 
 infested locality within this state or from other states, or if of foreign introduction, 
 after they have been released by the federal horticidtural board, and to fix a penalty 
 for violation of this act. 
 
 History: Approved April 1, 1915. In effect August 8, 1915. Stats. 
 1915. p. 19. 
 Gen. Laws— '65
 
 Act 2017, S 1 GENERAL. LAWS. t026 
 
 Planting of infested date palms prohibited. 
 
 ^ 1. It shall be unlawful for any person, or persons, their agent or agents, employee 
 or employees, possessing or owning date palms or date palm offshoots, or who may 
 introduce palms from any region of this state, or any other state, or from foreign 
 countries after they have been released by federal authorities, which are infested with 
 either of the two scales (Phoenicococcus marlatti) and (Parlatoria blanchardii), to 
 place or plant the same except under the supemsion and direction of the state quar- 
 antine guardian of the county where the said date palms or date palm offshoots have 
 been introduced. 
 
 Unlawful to remove palms. 
 
 $ 2. It shall also be unlawful for any person, or persons, their agent or agents, 
 employee, or employees, to move any date palms or date palm offshoots after the same 
 have been planted until permission is granted by the aforesaid state quarantine guard- 
 ian, or until inspection has shown that the said date palms or date palm offshoots are 
 entirely clean of the Marlatt scale (Phoenicococcus marlatti) and the Blanchard scale 
 (Parlatoria blanchardii), which fact shall be ascertained by the aforesaid state quaran- 
 tine guardian, when he may consent to the removal, either to an infested district or to 
 an uninfested district. 
 
 Penalty. 
 
 ^ 3. Any one who shall violate any of the provisions of this act shall upon convic- 
 Uon be deemed guilty of a misdemeanor. 
 
 CHAPTER 151. 
 
 HOSPITALS. 
 
 References: County hospital, see Kerr's Cyc. Political Code, § 4223. 
 Hospitals for employees, see tit. "Master and Servant." 
 Hospitals for the insane, see tit. "Insane Asylums." 
 Municipal Hospitals, see tit. "Municipal Corporations." 
 See, generally, tit. "Public Health." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2017. Maternity Hospitals. 
 
 2018. Endowment of Hospitals. 
 
 MATERNITY HOSPITALS. 
 ACT 2017 — An act to provide for the licensing and inspecting of maternity hospitals, 
 lying-in asylums and homes for children; defining the duties of persons conducting 
 the same; and the duties and powers of the county boards of health or county health 
 officers and other health officers in relation thereto, and providing a penalty for the 
 violation of its provisions. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 317. 
 
 Maternity hospitals, etc., must obtain license. 
 
 § 1. Any person who, without first having obtained a license in writing so to do from 
 the county board of health or county health officers, as hereinafter provided, manages, 
 conducts, establishes or maintains within any county or city and county in this state 
 any maternity hospital or lying-in asylum where females may be received, cared for or 
 treated during pregnancy, or during or after delivery; or manages, conducts, estab- 
 lishes or maintains within any county or city and county in this state any institution, 
 boarding-house, home or other place for the reception or care of children, or keeps, at 
 any such place, any child under the age of twelve years, not his relative, apprentice, 
 or ward, without legal commitment; or neglects, refuses or omits to comply with the
 
 1027 
 
 HOSPITALS. Act 2018, §8 1, 2 
 
 provisions of this act, or who violates the provisions of such act, is guilty of a misde- 
 meanor. 
 
 Duty and power of board of health or health oficer as to licenses. 
 
 § 2. For such places within the limits of their respective territorial jurisdictions, 
 the county board of health in all counties or city and county governments, having a 
 county board of health, and in all other counties or city and county governments, the 
 county health officer shall have power to issue licenses, and every such license must 
 specify the name and residence of the person so undertaking the care of such females 
 or children ; and the location within the- county or city and county of the place where 
 the same are kept and the number of females or children thereby allowed to be received, 
 boarded or kept therein, and shall be revocable for cause by the said county board of 
 health or county health officer, as the case may be, in any case where the provisions of 
 this act are violated, or in any case where, in the opinion of such county board of 
 health or such county health officer, such hospital, asylum, institution, home, boarding- 
 house or other place is being managed, conducted or maintained without proper regard 
 for the health, comfort or morality of the inmates thereof, or without due regard or 
 proper sanitation or hygiene. 
 
 Holder of license must keep register. 
 
 $ 3. Every person so licensed must keep a register, wherein he shall enter the names 
 and addresses of all such females, the names and ages of all such children, and of all 
 children born on the premises, and the names and residences of their parents, so far as 
 is known, and the time of the reception and discharge of such children and the reasons 
 therefor, and also the name and age of every child who is given out, adopted, taken 
 away, or indentured from such place, to or by any person, together with the name and 
 residence of the person so adopting, taking away or indenturing such child; and within 
 forty-eight hours after such child is so given out, taken away or indentured, shall 
 cause a correct copy of the register relating to such child to be sent to the county board 
 of health or county health officer, as the case may be. 
 
 Health ofi&cers may inspect premises. 
 
 § 4. It shall be lawful for the officers and representatives of such county board of 
 health, or for such county health officers and their representatives, and for all health 
 officers, at all reasonable times, to enter and inspect the premises wherein such females 
 and children are so boarded, received or kept, and to call for and inspect the license 
 and the register and also to see and visit such children and females. 
 
 ENDOWMENT OF HOSPITALS. 
 ACT 2018 — An act to promote the public welfare, by providing for the conveyance, 
 holding and protection of property, and the creation of trusts for the founding, 
 endowment, erection and maintenance within this state of hospitals for the relief of 
 the sick and for training schools for nurses. 
 
 History: Approved February 19, 1907, Stats. 1907, p. 10. 
 
 Act to be liberally construed. 
 
 $ 1. The provisions of this act shall be liberally construed with a view to effect its 
 objects and promote its purposes; and in the construction thereof, the singular number 
 shall be deemed to include the plural, and the plural shall be deemed to include the 
 singular number, and the masculine gender shall be deemed to include the feminine. 
 
 Endowment of hospitals, manner of. 
 
 § 2. Any person desiring in his lifetime to promote the public welfare by founding, 
 endowing and having maintained within this state a hospital for the relief of the sick,
 
 Act 201S, §§ 3-6 GENERAL. LAWS. 1028 
 
 and as a training school for nurses, may to that end and for such purpose, by grant in 
 writing, convey to a trustee or any number of trustees named in such grant, and to 
 their successors, any property real or personal, belonging to such person, and situated 
 or being within this state, provided, that if any such person be married and the prop- 
 erty be community property, then both husband and wife must join in such grant. 
 
 Designation of scope of institution. 
 
 $ 3. The person making such grant may therein designate: 
 
 1. The nature, object and purpose of the hospital and school for nurses to be 
 founded, endowed and maintained. 
 
 2. The name by which it shall be known. 
 
 3. The powers and duties of the trustees, and the manner in which they shall 
 account, and to whom, if accounting be required; but such powers and duties shall not 
 be held to be exclusive of other powers and duties which may be necessary to enable 
 such trustees to fully carry out the objects of such grant. 
 
 4. The mode and manner, and by whom, the successors of the trustee or trustees 
 named in the grant are to be appointed. 
 
 5. Such rules and regulations for the management of the property conveyed as the 
 grantor may elect to prescribe; but such rules shall, unless the grantor otherwise pre- 
 scribes, be advisory only, and shall not preclude such trustees from making such 
 changes as new conditions may from time to time require. 
 
 Trustees, powers of. Seal. 
 
 ^ 4. The trustee or trustees named in such grant, and their successors may in the 
 name of the said hospital and school for nurses, as designated in such grant, receive and 
 hold gifts and donations of real and personal property, sue and defend, in relation to 
 the trust property, and in relation to all matters affecting the said hospital and said 
 school endowed or established by such grant, and such trustees are hereby given, and 
 shall have, the right to exercise corporate powers and privileges, and to that end they 
 may organize and act as a board of trustees, elect such officers of such board as they 
 may deem to be necessary, adopt by-laws, and as such board, and through the officers 
 thereof, they may transact such business, perform such acts and exercise such powers 
 as they in writing may provide may be transacted, performed and exercised by such 
 board. Such board may adopt and use a seal and such seal when attached to any docu- 
 ment or writing shall be prima facie evidence that such document or writing was made 
 by and under due authority from such board and from such trustees. 
 
 Grantee may exercise powers of trustee. 
 
 § 5. The person making such grant, by a provision therein, may elect in relation to 
 the property conveyed and in relation to the erection, maintenance and management of 
 such hospital and school, to perform, during his life, all the duties and exercise all the 
 powers which, by the terms of the grant, are enjoined upon and vested in the trustee; 
 therein named, and in such case the powers and duties conferred and imposed by such 
 grant upon said trustees therein named, shall be exercised and performed by the person 
 making such grant, during his life; provided however, that upon the death of such 
 person such powers and duties shall devolve upon and shall be exercised by the trustees 
 named in the grant, and their successors. 
 
 Execution of grant. 
 
 § 6. Any such grant may be executed, acknowledged and recorded in the same man- 
 ner as is now provided by law for the execution, acknowledgment and recording of 
 grants of real property. 
 
 *|i 
 
 ill
 
 1029 HOTELS. Acts 2023, 2024, 8§ 1, 2 
 
 Eight of action to annul tinist. 
 
 5 7. No suit, action or proceeding shall be commenced or maintained by any person 
 to set aside, annul or affect said conveyance or to affect the title to the property con- 
 veyed, or the right to the possession, or to the rents, issues and profits thereof, unless 
 the same be commenced within two years after the date of filing such grant for record ; 
 nor shall any defense be made to any suit, action or proceeding commenced by the trus- 
 tees named in said grant or their successors, privies or persons holding under them, 
 which defense involves the legality of said grant, or affects the title to the property 
 thereby conveyed, or the right of possession, or the rents, issues and profits thereof, 
 unless such defense is made in a suit, action or proceeding commenced within two years 
 after such grant shall have been filed for record, and after such filing said property 
 shall be exempt from execution and forced sale. 
 
 § 8. This act shall be in force from and after its passage. 
 
 CHAPTER 152. 
 
 HOTELS. 
 
 References: See, generally, "Buildings"; "Dwelling Houses"; "Intoxicating Liquors"; 
 "Prostitution"; "Tenement Houses." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2023. Use of Illuminating Gas in Hotels. 
 
 2024. Exit Signs in Hotels, Etc. 
 
 2026. "State Hotel and Lodging House Act" of 1917. 
 
 2028. Hotel Act of 1917. 
 
 ACT 2023 — An act to regulate the use of illuminating gas. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 289. 
 
 $ 1. Every hotel-keeper, lodging-house keeper, and innkeeper, or keeper of any place 
 where rooms are let to lodgers in which, or any of which such places illuminating gas 
 is used, who shall turn off, or cause to be turned off at the meter the flow of such 
 illuminating gas, during the time of the use of any such room or rooms, shall be guilty 
 of a misdemeanor; provided, however, that this act shall not apply to any of the persons 
 herein enumerated, when such person or persons shall have connected every exit orifice 
 upon the gas fixtures used in such place or places with a practical and safe automatic 
 gas igniter. 
 
 5 2. This act shall take effect and be in force immediately from and after its passage. 
 
 EXIT SIGNS IN HOTELS, ETC. 
 ACT 2024 — An act to protect the lives and property of the patrons of all public hotels, 
 lodging and rooming houses in the state of California. 
 
 History: Approved March 25, 1911, Stats. 1911, p. 494. 
 
 Exit signs in lodging-houses. 
 
 ^ 1. Every owner, manager, proprietor, lessee or other person having the manage- 
 ment, charge or control of any public hotel, lodging or rooming house, is hereby required 
 to put up in conspicuous places in the halls of such hotel, lodging or rooming house, 
 exit and stairway signs and permanently maintain the same. Said signs shall be made 
 and placed where they will definitely direct the patrons thereof to the exits and stair- 
 ways, so as to enable them to escape from such building in case of fire or other accident. 
 
 Penalty for violations. 
 
 ^ 2. Every owner, manager, proprietor, lessee or other person, having the manage- 
 ment, charge or control of any such hotel, lodging or rooming house who shall violate
 
 Act 2026, §g 1. 2 GE:NERAL. LAWS. 1030 
 
 any of the provisions of this act or who shall refuse or neglect to comply therewith 
 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished 
 by fine not to exceed one hundred dollars or by imprisonment not to exceed three 
 months or by both such fine and imprisonment. 
 
 "STATE HOTEL AND LODGING HOUSE ACT" OF 1917. 
 ACT 2026 — An act to regulate the erection, construction, reconstruction, moving, alter- 
 ation, maintenance, use and occupancy of hotels, and the maintenance, use and occu- 
 pancy of the premises and land on which hotels are erected or located, in all parts 
 of the state of California, including incorporated towns, incorporated cities, and 
 incorporated cities and counties, and to provide penalties for the violation thereof; 
 and repealing an act entitled "An act to regulate the building and occupancy of 
 hotels and lodging houses in incorporated towns, incorporated cities, and cities and 
 counties, and to provide penalties for the violation thereof, ' ' approved June 16, 1913, 
 statutes of California of 1913, page 1429. 
 
 History: Approved May 31, 1917. In effect September 1, 1917. 
 Stats. 1917, p. 1422. Prior act of June 16, 1913, Stats. 1913, p. 1429, 
 repealed by the present act. 
 
 Title. 
 
 §1. This act shall be known as the "state hotel and lodging house act," and its 
 provisions shall apply to all parts of the state of California, including incorporated 
 towns, incorporated cities, and incorporated cities and counties. 
 
 Duty of building department. 
 
 § 2. It shall be the duty of the "building department" of every incorporated town, 
 incorporated city, and incorporated city and county, to enforce all the provisions of 
 this act pertaining to the erection, construction, reconstruction, moving, conversion, 
 alteration and arrangement of hotels and to issue the certificate of "final completion" 
 hereinafter provided. 
 
 Duty of housing department. 
 
 It shall be the duty of the "housing department" and if there is no housing depart- 
 ment the health department of every incorporated town, incorporated city, and incor- 
 porated city and county to enforce all of the provisions of this act pertaining to the 
 maintenance, sanitation, ventilation, use and occupancy of hotels after said hotels have 
 been erected, constructed or altered, as the case may be, and the certificate of "final 
 completion" has been issued by the building department and to issue the "permit of 
 occupancy ' ' as hereinafter provided. 
 
 In case no such departments. 
 
 In the event that there is no building department or no housing department or health 
 department in an incorporated town, incorporated city or incorporated city and county, 
 it shall be the duty of the officer or officers who are charged with the enforcement of 
 ordinances and laws regulating the erection, construction or alteration of buildings, or 
 the maintenance, sanitation, ventilation or occupancy of buildings, or of the police, 
 fire or health regulations in said incorporated town, incorporated city or incorporated 
 city and county to enforce all of the provisions of this act. 
 
 Enforcement. 
 
 In every county it shall be the duty of the officer or officers who are charged with 
 the enforcement of ordinances or laws regulating the erection, construction or alteration 
 of buildings, or of the maintenance, sanitation, occupancy and ventilation of buildings, 
 or of the police, fire or health regulations in said county, to enforce all of the pro- 
 visions of this act outside of the limits of any incorporated town or incorporated city.
 
 1031 HOTELS. Act 2026, §§ 3-5 
 
 Every incorporated town, incorporated city, or incorporated city and county in the 
 state of California shall have authority, and it is hereby empowered and given author- 
 ity, to designate and charge by ordinance any other department or officer than the 
 department or officers mentioned herein, with the enforcement of this act, or any por- 
 tion thereof. 
 
 Power of commission of immigration and housing. 
 
 The commission of immigration and housing of California shall ht^ve, and it is hereby 
 empowered and given authority to enforce the provisions of this act, which do not 
 pertain to the actual erection, construction, reconstruction, moving, conversion, alter- 
 ation and arrangement of hotels in all parts of the state of California, including all 
 incorporated towns, incorporated cities, incorporated cities and counties, in the state 
 of California, whenever said commission finds or discovers a violation or violations of 
 the provisions of this act and notifies the local department or officer, or departments or 
 officers who are charged with the enforcement of the provisions of this act, in writing, 
 of such violation or violations, and the said local department or officer, or departments 
 or officers, fail, neglect or refuse to enforce the provisions of the said act within thirty 
 days thereafter; provided, however, that the said commission of immigration and 
 housing of California shall enforce the provisions of this act only in the instances 
 specified in said written notice. 
 
 Unlawful to construct hotel contrary to act. 
 
 § 3. It shall be unlawful for any person, firm or corporation, whether as owner, 
 agent, contractor, builder, architect, engineer, superintendent, foreman, plumber, ten- 
 ant, lessee, lessor, occupant, or in any other capacity whatsoever, to erect, construct, 
 reconstruct, alter, build upon, move, convert, use, occupy or maintain, or to cause, 
 permit or suffer to be erected, constructed, reconstructed, altered, built upon, moved, 
 converted, used, occupied or maintained any hotel or any portion thereof contrary to the 
 provisions of this act, or to commit or maintain or cause or permit to be committed or 
 maintained any nuisance in or upon any hotel or any portion thereof, or any of the 
 premises, yards or courts which are a part thereof, or which are required by the pro- 
 visions of this act ; or to do or cause to be done, or to use or cause to be used, any privy, 
 sewer, cesspool, plumbing or house drainage affecting the sanitary condition of any 
 hotel or any portion thereof, or of the premises thereof, contrary to any of the pro- 
 visions of this act. 
 
 Alterations. 
 
 § 4. It shall be unlawful for any person to make any alterations or changes or 
 reconstruction work of any kind whatsoever, to any hotel erected prior to the passage 
 of this act, or to any hotel hereafter erected, or to increase the height, in any manner 
 which would be inconsistent with any of the provisions of this act, or in violation of 
 the said provisions of this act; or in any manner to diminish the size of the yards, 
 courts or shafts or the size of windows or skylights, or to remove any stairway or fire 
 escape, or to obstruct the egress from such building or from the hallways or stairways, 
 or to do anything that would affect the ventilation and sanitation of the building, con- 
 trary to any of the provisions of this act. 
 
 Building converted to use as hoteL 
 
 $ 5. A building not erected for, or which is not used as a hotel at the time of the 
 passage of this act, if hereafter converted to or altered for such use, shall thereupon 
 become subject to all of the provisions of this act affecting hotels hereafter erected.
 
 Art 2026. g§ 6. 7 GENERAL LAW'S. 1032 
 
 Building moved. 
 
 A building used as a hotel at the time of the passage of this act, if moved, shall be 
 made to conform to all of the provisions of this act affecting hotels hereafter erected, 
 in so far as they pertain to the percentage of lot occupied and the size of outer courts, 
 inner courts bounded by a lot line, and yards. 
 
 Building reconstructed. 
 
 It shall be unlawful to reconstruct any hotel which is hereafter damaged by fire or 
 \he elements to an extent in excess of fifty-one per cent of its physical proportions, 
 unless the said building is made to conform to all of the provisions of this act affecting 
 hotels hereafter erected. 
 
 Penalty for violation. 
 
 ^ 6. Any person, firm or corporation violating any of the provisions of this act 
 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punish- 
 able by a fine not exceeding five hundred dollars, or by imprisonment in a county jail 
 not exceeding six months, or by both such fine and imprisonment, and in addition to 
 the penalty therefor, shall be liable for all costs, expense and disbursements paid or 
 incurred by the department, by any of the officers thereof, or by any agent, employee 
 or contractor of same, in the prosecution of such violation. The costs, expense and 
 disbursements by this section provided shall be fixed by the court having jurisdiction 
 of the matter. 
 
 Procedure. |l 
 
 Except as herein otherwise specified, the procedure for the prevention of violations *| 
 of this act, for the vacation of hotels or premises unlawfully occupied, or for the 
 abatement of a nuisance in connection with a hotel, or the premises thereof, shall be 
 as set forth in the charter and ordinances of the municipality in which the procedure 
 is instituted. 
 
 Permit to erect hotel. Application. ^i 
 
 $ 7. In every incorporated town, incorporated city, and incorporated city and county, SI 
 it shall be unlawful to commence or to proceed with the erection, construction, recon- 
 struction, conversion or alteration of a hotel, or to move or to build upon a hotel, or 
 to convert a building or any portion thereof into use as a hotel without first obtaining 
 a permit in writing so to do from the department charged with the enforcement of this 
 act. Any person, firm or corporation desiring such a permit shall file an application 
 therefor with the department charged with the enforcement of this act. Said applica- 
 tion shall give a detailed statement in writing, verified under oath by the person making 
 the same, of the erection, construction, reconstruction, moving, conversion, or altera- 
 tion, as the case may be, upon blanks or forms to be furnished by the said department. 
 The said application must be accompanied with a full, true and complete set of the 
 plans of the hotel, or alteration, or work proposed, as the case may be, together with a 
 set of specifications describing the materials proposed to enter into the construction of 
 the proposed work, also a plan of the lot on which such building is proposed to be 
 erected, constructed, reconstructed, converted, altered or moved, as the case may be. 
 Such statement shall give in full the name and address by street and number of the 
 owner or owners, also the name and address of the architect and of the contractor, if 
 there be such an architect or contractor; also shall give such other data and infonnation 
 as in the judgment of the department charged with the enforcement of this act is 
 deemed necessary. 
 
 Affidavit. Permit issued. Revocation. M 
 
 The affidavit to said application shall allege that the plans and specifications are true 
 and contain a correct description of the proposed hotel, lot and proposed work. If any 
 
 I
 
 1033 HOTELS. Act 2026, S ^ 
 
 person other than the owner makes such affidavit, such person shall not be recognized 
 except that he allege in his affidavit that he is authorized and empowered by the said 
 owner to act for him and to sign the required affidavit. Said department charged with 
 the enforcement of this act shall cause all such plans, specifications and statement? 
 to be examined, and if it appears that they conform to the provisions of this act, shall 
 then issue a permit to the person submitting the same. Said department may, from 
 time to time, approve changes in any plans, specifications or statements previously 
 approved by it; provided, that all changes when so made shall be in conformity with 
 the provisions of this act. Said department shall have the power to revoke or cancel 
 any permit or approval that it has previously issued in ease of any refusal, failure or 
 neglect of the person to whom such permit or approval has been issued to comply 
 with any of the provisions of this act, or in case any false statement or misrepresen- 
 tation is made in any of the said plans, specifications or statements submitted or 
 filed for such permit or approval. The erection, construction, reconstruction, moving, 
 alteration or conversion of any such hotel, as the case may be, shall be made in 
 accordance with the plans, specifications and statements submitted or filed, and for 
 which the permit is issued. 
 
 Plans kept on premises. 
 
 A true copy of the plans, specifications and other information submitted or filed, 
 upon which a permit is issued, with the approval of the department with which they 
 are filed, stamped or written thereon, shall be kept upon the premises of the hotel or 
 work for which the said permit is issued, from the commencement of the said building 
 or work to the final completion of same, and shall be subject to inspection at all times 
 by proper authorities. 
 
 Permit for nominal alterations. 
 
 The department charged with the enforcement of this act may, at its discretion, 
 issue a permit in case of nominal alterations or repairs, when application is made 
 therefor, in writing, by the owner or his agent, when the making of said nominal alter- 
 ations and repairs do not affect any structural feature or the sanitation or the ventila- 
 tion of the hotel, without requiring the filing or [of] plans or specifications. 
 
 The issuance or granting of a permit or approval by the department charged with 
 the enforcement of this act under the authority of this section shall not be deemed or 
 construed to be a pemiit or an approval of the violation of any of the provisions of 
 this act. 
 
 Expiration of permit. 
 
 Ever}- permit or approval which is issued by the department charged with the 
 enforcement of this act, but under which no work has been done within ninety days 
 from the date of issuance, or where work has been suspended for a period of ninety 
 days, shall expire by limitation and a new permit shall be obtained before the work 
 may be done. 
 
 Certificate of "final completion" and "permit of occupancy." 
 
 § 8. In every incorporated town, incorporated city, and incorporated city and 
 county, it shall be unlawful to occupy or to permit to be occupied, any hotel hereafter 
 erected, constructed, reconstructed, altered, converted or moved, as the case may be, 
 or any portion thereof, for human habitation until the issuance of a "certificate of 
 final completion" and a "permit of occupancy" by the department or departments 
 charged with the enforcement of this act. 
 
 It shall also be unlawful to occupy any existing hotel until a permit of occupancy 
 has been issued by the department designated to issue such permit.
 
 let 2026, §9 GDNKRAL LAWS. 1034 
 
 Renewal of permit of occupancy. 
 
 Every permit of occupancy shall be renewed each calendar year by the department 
 designated to issue the said permit; provided, that no structural alteration, or changes 
 have occurred since the issuance of the certificate of final completion j and provided, 
 that all other provisions of this act have been complied with. 
 
 Certificate issued. 
 
 Any person desiring a certificate shall file a notice with the department charged 
 with the enforcement of this act. Said department shall cause an inspection to be made 
 of the said hotel or portion thereof, or work described in the said notice, within ten 
 days after written application therefor, and shall issue a "certificate of final comple- 
 tion" if it is found that all the provisions of this act, regulating the erection, con- 
 struction, alteration or moving, as the case may be, have been complied with. 
 
 Permit issued. 
 
 The department charged with the enforcement of this act and designated to issue the 
 permit of occupancy, shall issue the said "permit of occupancy" upon application, in 
 writing, therefor by the owner or his agent, and upon the filing by the owner or his 
 agent of such statements or records required by the department, after the "certificate 
 of final completion" has been issued; provided, that no violations have occurred since 
 the issuance of the certificate of final completion, or in the case of a hotel erected 
 prior to the passage of this act, and for which no certificate of final completion has 
 been issued, then after the said department has caused an inspection to have been made 
 of the said hotel and has found that all of the provisions of this act applying to such 
 hotel have been complied with. 
 
 All permits and certificates shall be made in duplicate and a copy shall remain on 
 file in the department issuing them. 
 
 Hotel occupied without certificate or permit deemed nuisance. 
 
 Any hotel hereafter erected, altered, converted or moved, which is occupied, or any 
 portion thereof which is occupied for human habitation, prior to a "certificate of final 
 completion" or a "permit of occupancy" being issued, shall be deemed a nuisance and 
 the department or departments charged with the enforcement of this act may cause 
 it to be vacated, until the said certificate of completion and permit of occupancy have 
 been obtained in accordance with the provisions of this act. 
 
 Power to enter hotel. 
 
 $ 9. The department or departments charged with the enforcement of this act in 
 any incorporated town, incorporated city, and incorporated city and county, or county, 
 and the authorized officers, agents or employees of such departrnent or departments, 
 may, whenever necessary, enter hotels or portions thereof, or the premises thereof, 
 within the corporate limits of such towns, cities, cities and counties, or counties, for 
 the purpose of inspecting such buildings, in order to secure compliance with the pro- 
 visions of this act and to prevent violations thereof. 
 
 The members of the commission of immigration and housing of California and the 
 agents, officers or employees of said commission may, whenever necessary, enter hotels 
 or portions thereof, or the premises thereof, for the purpose of inspecting such build- 
 ings in order to secure compliance with the provisions of this act and to prevent 
 violations thereof. 
 
 The owner or his authorized agent may, whenever necessary, enter hotels or portions 
 thereof, or the premises thereof, owned by him, to carry out any instructions or to 
 perform an}- work required to be done by the provisions of this act.
 
 J035 HOTELS. Act 2026, g 10 
 
 Definitions. 
 
 $ 10. For the purpose of this act, certain words and phrases are defined as follows, 
 unless it shall be apparent from their context that they have a different meaning: 
 
 Words used in the singular include the plural, and the plural the singular. 
 
 Words used in the present tense include the future. 
 
 Words used in the masculine gender include the feminine, and the feminine, the 
 masculine. 
 
 'Words "building department," "health department," "housing department," "de- 
 partment charged with the enforcement of this act," "fire commissioner," shall be 
 construed as if followed by the words, "of the incorporated town, incorporated city, 
 incorporated city and county, or county," as the case may be, in which the hotel is 
 situated. 
 
 "Approved" means whatever material, appliance, appurtenance, or other matter 
 meets the requirements and approval of the department charged with the enforcement 
 of this act, or which is approved by local ordinance of the municipality in which the 
 building is situated, or any appliance, appurtenance, or other matter which conforms 
 to the requirements of, and bears the approval of the "national board of fire under- 
 writers"; provided, however, that no such material, appliance, appurtenance or other 
 matter shall be deemed "approved" for use where, or in such a manner as would be 
 inconsistent with the intent, or specific provisions of this act. 
 
 "Basement" is any story or portion thereof partly below the level of the curb or 
 the actual adjoining ground level, the ceiling of which in no part is less than seven 
 feet above the curb level or actual adjoining ground levels. If the adjoining ground 
 is excavated to or below the curb level, or to or below the adjoining natural ground 
 level, such excavated space shall have not less than the minimum width and length re- 
 quired in this act for outer courts. Every basement is a story. 
 
 "Building" is a hotel. 
 
 "Building department" means the commissioner of buildings, superintendent of 
 buildings, chief inspector of buildings, or. any officer or department charged with the 
 enforcement of ordinances and laws regulating the construction and alteration of 
 buildings or structures. 
 
 "Cellar" is any story or portion thereof, the ceiling of which in any part is less 
 than seven feet above the curb level and actual adjoining ground levels. 
 
 Court. 
 
 "Court" is an open, unoccupied space other than a yard on the lot on which is 
 situated a hotel. " A court, one entire side or end of which is bounded by a front yard, 
 a rear yard or a side yard, or by the front of lot, or by a street or a public alley, is 
 an "outer court." Every court which is not an "outer court" is an "inner court." 
 
 Every court shall be open and unobstructed to the sky from a point not more than 
 two feet above the floor line of the lowest story in the building in which there are 
 windows from rooms abutting the said court, except that a cornice on the building 
 may extend into an "outer court" two inches for each one foot in width of such court, 
 and a cornice may extend into an "inner court" one inch for each one foot in width 
 of such court, 
 
 "Curb level" is the curb level opposite the center of the "front of lot." 
 
 Wherever the word "department" is used it means the building department, the 
 housing department, the health department or such other department or officer, or 
 departments or officers, who are charged with the enforcement of the provisions of 
 this act. 
 
 "Dormitory" is a room in which more than two persons are "guests" and are not 
 living together, and shall, for the purpose of computing the number of rooms, be deemed 
 a separate guest room for each one hundred square feet of superficial floor area therein.
 
 Act 2026 GENERAL LAW'S. 1036 
 
 Fireproof hotel. 
 
 "Fireproof hotel" is a building wherein all the exterior and interior loads or strains 
 are transmitted to the foundation by means of concrete, reinforced concrete, brick, 
 stone or by means of a skeleton framework of steel or iron; the exterior walls, inner 
 court walls and roof constructed of concrete, reinforced concrete, brick, stone or 
 hollow terra cotta tile; where all the structural steel or iron is thoroughly fireproof ed 
 by concrete, cement, plaster, tile, brick or sandstone, not less than two inches thick; 
 where all the interior partitions are constructed of either hollow terra cotta tile blocks, 
 gypsum blocks, brick, concrete, reinforced concrete, or of metal studs lathed with metal 
 lath and plastered not less than three-quarters inch thick including the lath, or of 
 metal studs lathed with approved plaster board and plastered not less than three- 
 quarters inch thick including the plaster board, or constructed of wire glass not less 
 than one-fourth inch thick, set in metal frames and sash, and all other materials, used 
 in the said building are of approved incombustible material except that the glass in 
 windows, transoms, or doors may be of plain glass, and except that doors, frames, 
 sash and the usual trim of rooms, hallways, corridors, and passageways may be of wood, 
 and except that wood floors may be placed on top of the floors constructed of incom- 
 bustible materials, except in the public hallways. 
 
 * * Guest ' ' is any person hiring and occupying a room for sleeping purposes, and shall 
 include both boarders and lodgers. 
 
 "Guest room" is a room which is occupied, or is intended, arranged or designed 
 to be occupied for sleeping purposes by one or more guests, but shall not be deemed 
 to include dormitories used for sleeping purposes. 
 
 Hotel. 
 
 "Hotel" is any house or building, or portion thereof, containing six or more guest 
 rooms which are let or hired out to be occupied, or which are occupied by six or more 
 guests, whether the compensation for hire be paid directly or indirectly in money, 
 goods, wares, merchandise, labor or otherwise, and shall include Turkish baths, bachelor 
 hotels, studio hotels, public and private clubs and any building of any nature whatso- 
 ever so designed or occupied, except hospitals where persons temporarily reside and 
 where each such person receives regular bona fide medical attendance on the premises, 
 and jails, detention buildings and similar buildings where human beings are housed 
 and detained under restraint. 
 
 "Housing department" is any department or commission charged with the enforce- 
 ment of ordinances or laws regulating the occupancy and maintenance of hotel, lodging 
 house or dwelling house buildings; and where no such department is maintained, shall 
 be deemed to be the health commissioner, the department of health, health officer, or 
 similar department charged with the enforcement of laws and ordinances relating to 
 the protection of the public health. 
 
 Lot. 
 
 "Lot" is a parcel or area of land on which is situated a hotel, together with the 
 land, yards, courts and unoccupied spaces for such a hotel as required by this act; all 
 of which land shall be owned by or be under the absolute lawful control and in the 
 lawful possession of the hotel. 
 
 A lot situated at the junction of two or more intersecting streets, with a boundary 
 line thereof bordering on each of the two streets, is a "corner lot." All parts of the 
 width of such corner lot which are distant more than seventy-five feet from the junc- 
 tion point of the two or more intersecting streets, shall be deemed to be an "interior 
 lot." The owner or his authorized agent may designate either street frontage as being 
 the front of such corner lot for the purpose of determining the width thereof. 
 
 ji
 
 1037 HOTELS. Act 2026 
 
 A lot which has only one boundary line bordering on a public street is an 
 "interior lot." 
 
 "Rear lot" is a parcel or area of land having no boundary line bordering on a street, 
 or having less than one-half of its width as a boundary line bordering on a street. 
 
 "Front of lot" is the boundary line of lot bordering on the street. In case of a 
 corner lot, either of the boundary lines may be the "front of lot," 
 
 "Rear of lot" is the boundary line thereof opposite the "front of lot." 
 
 "Depth of lot" is the mean distance from the "front of lot" to the "rear of lot." 
 
 "Nuisance" embraces public nuisance as known at common law or in equity juris- 
 prudence, and whatever is dangerous to human life or detrimental to health; and shall 
 also embrace the overcrowding with occupants of any room, insufficient ventilation, or 
 illumination, or inadequate or insanitai'y sewerage or plumbing facilities, or uncleanli- 
 ness, and whatever renders air, food or drink unwholesome or detrimental to the 
 health of human beings. 
 
 "Person" is the natural person, his heirs, executors, administrators or assigns; also 
 includes a firm, partnership, or corporation, its or their successors or assigns. 
 
 "Public hallway" is a hallway, corridor, passageway or vestibule not within a suite, 
 and includes stairways, landings and platforms. 
 
 "Rear hotel" is a hotel on a "rear lot." 
 
 Semifireproof hotel. 
 
 " Semifireproof hotel" is a building with all exterior walls and walls of inner and 
 outer courts constructed of brick, stone, concrete, reinforced concrete or hollow terra 
 cotta tile, except that the walls of the inner court, which court is surrounded on four 
 sides by the same building, may be constructed as provided in this act for such inner 
 courts; interior partitions and floors constructed of approved incombustible materials or 
 of wood, with all ceilings, partitions, soffits of stairways, and outside stringers of open 
 stairways and stair wells metal lathed and plastered not less than three-quarters inch 
 thick including the lath, or lathed with approved plaster board, plastered not less than 
 three-quarters inch thick including the plaster board; in which all finished floors, 
 frames, doors and the usual trim of rooms and hallways may be built of wood, and the 
 roof of which shall be covered with at least a composition fire-retardant material. 
 
 "Shall." Whenever this word is used it shall be mandatory. 
 
 Street. 
 
 "Street" is any public street, alley, thoroughfare or park having a minimum width 
 of sixteen feet, measured from the "front of lot" to the opposite "front of lot" 
 and which shall have been dedicated or deeded to the public for public use. 
 
 "Turkish bath" is a dormitory or a combination of guest rooms, accommodating 
 six (6) or more guests, in connection with which any form of bath or massage is given 
 by the attendants to the guests. 
 
 Wooden hoteL 
 
 "Wooden hotel" is a building which does not fully comply with the requirements 
 for a fireproof or semifireproof hotel as defined in this act, and shall include all frame 
 and all veneered buildings. In every such building all ceilings and walls and partitions 
 of public hallways, soffits of interior stairways and the outside stringers of open stair- 
 ways and stair wells shall be metal lathed and plastered not less than three-quarters
 
 Aot 2026. §§ 11, 12 GENERAL. LAWS. 103S 
 
 inch thick including the lath, or lathed with an approved plaster board and be plastered 
 not less than three-quarters inch thick including the plaster board. 
 
 Yard. 
 
 "Yard" is an open unoccupied space other than a court on the lot on which is situ- 
 ated a hotel, open and unobstructed to the sky from a point not more than two feet 
 above, the floor line of the lowest story in the building in which there are windows from 
 rooms abutting the said yard; except that outside stairways, platforms and balconies 
 constructed of open metal work and fire escapes may extend not more than four feet 
 into a yard, providing they do not in any manner obstruct the light or ventilation of 
 rooms. If such yard is between the front line of the building and the front boundary 
 line of the lot, it is a "front yard." If it is between the extreme rear line of the 
 building and the rear of the lot, it is a "rear yard." If it extends from the rear yard 
 to the front yard, or front of lot, it is a "side yard.'* 
 
 Front yard. 
 
 $ 11. No hotel shall hereafter be erected on or moved onto a rear lot. No building 
 for any purpose shall hereafter be erected in front of any hotel unless there shall 
 be left unoccupied a front yard extending from the front of the rear hotel to the front 
 line of lot bordering on the street. 
 
 Such front yard shall not be in any part less in width than fifty (50) per cent of the 
 actual width of the rear hoteL 
 
 Height. 
 
 $ 12. No fireproof hotel hereafter erected shall exceed one hundred fifty feet in 
 height, nor more than one and one-half times the width of the widest street to which 
 the lot on which it is situated abuts. 
 
 No semifireproof hotel building hereafter erected shall exceed six stories at any 
 point, nor more than sixty-five feet in height (except os hereinafter provided), nor 
 more than one and one-half times the width of the widest street to which the lot on 
 which it is situated abuts. 
 
 No wooden hotel hereafter erected shall exceed three stories at any point, nor more 
 than thirty-six feet in height (except as hereinafter provided), nor more than one and 
 one-half times the width of the widest street to which the lot on which it is situated 
 abuts. 
 
 The width of the street, for this purpose, shall be measured from the extreme front 
 of the building to the "front of lot" opposite, across the street. 
 
 Height defined. 
 
 For the purposes of this section, a basement is a story. 
 
 The height of a fireproof hotel is the perpendicular distance from the curb level or 
 adjoining ground levels to the highest point of the roof. The height of a semifireproof 
 or of a wooden hotel is the perpendicular distance from the curb level or adjoining 
 ground levels to the lowest point of the finished ceiling of the top story; provided, that 
 in the case of a semifireproof hotel situated on a lot with the ground sloping downward 
 from the facade at which the measurement is taken the height of the building shall not 
 at any point exceed sixty-five feet above the curb level measured on the facade facing 
 the street, nor shall the height of the building at any point of the grade exceed seventy- 
 five feet above the adjoining curb in ease of a corner lot, or above the level of the 
 ground in the case of an interior lot, and in the case of a wooden hotel situated on a 
 lot with the ground sloping downwards from the facade at which the measurement is 
 taken the height of the building shall not at any point exceed thirty-six feet above the 

 
 1039 HOTE^LS. Act 2026, §§ 13^S 
 
 curb line measured on the facade facing the street, nor shall the height of the building 
 at any point of the grade exceed forty-six feet above the adjoining curb in the case 
 of a corner lot or above the level of the ground in the case of an interior lot. 
 
 Yard serving two hotels. 
 
 $ 13. In no event shall any yard or court be made to serve the purpose of two hotels 
 hereafter erected, or of an existing hotel and a hotel hereafter erected, unless such yard 
 or court, as the case may be, is of the full size required for two hotels, and then only 
 in the event that such yard or court, as the case may be, is located on the same lot 
 and owned by or in the absolute lawful control and in the lawful possession of the hotel 
 it proposes to serve. 
 
 Distance hetween buildings. 
 
 Where a hotel, now or hereafter erected, stands upon a lot, no other building shall 
 hereafter be placed upon the front or rear of that lot, unless the minimum distance 
 between such buildings shall be at least ten feet and two additional feet shall be added 
 to such minimum distance of ten feet for every story more than one in height of the 
 highest building on such lot. 
 
 Depth of rear yard. 
 
 $ 14. The depth of a rear yard shall be measured at right angles from the extreme 
 rear line of the building towards the rear lot line. 
 
 Minimum size of rear yard. 
 
 $ 15. The minimum size of every rear yard for a hotel hereafter erected shall be 
 not less in width and in area than an inner court, except that if such rear yard is 
 bounded on its entire one end or side by an outer court, or by a side yard or by a 
 street, or by a public alley or park, then such rear yard shall be not less in width or 
 exceed the maximum length of an outer court; provided, however, that if the lot 
 extends through from one street to another street or public alley, one-half of the 
 narrowest street or public alley, to which said lot abuts may be considered as a part 
 of the lot in computing the rear yard required. 
 
 Passageway to street. 
 
 ^ 16. Every rear yard not bordering on a street or public alley and without direct 
 access thereto shall have access to a street or public alley by means of an unobstructed 
 passageway not less than three feet six inches in clear width, nor less than seven feet 
 in clear height; and if such passageway or any portion thereof passes through a 
 building, such portion thereof shall be built of approved incombustible materials, or 
 shall be lathed with metal lath or approved plaster board and be plastered not less 
 than three-quarters inch thick including the lath or plaster board, or shall be lined with 
 not less than number twenty-six (gauge) galvanized iron, and shall be drained and 
 lighted. 
 
 Excavated front yard. 
 
 § 17. Every front yard which is excavated below the level of the curb or below the 
 adjoining ground level for the purpose of furnishing light and ventilation to a base- 
 ment shall in no part be less in width and length than required for outer courts. 
 
 Width of side yard. 
 
 5 18. The width of every side yard shall be not less than the width required for an 
 outer court, except that the provisions of this act regarding the maximum lengths of 
 an outer court shall not apply to a side yard; provided, that if there is a side yard on 
 both sides of the building connected one with the other across the rear of the building 
 ■ly the rear yard, then the width of the side yards may be reduced twelve inches.
 
 Act 2026, §g 10, 20 
 
 GENERAL LAWS. 
 
 1040 
 
 Minimum size of outer court. 
 
 $ l9. The minimum size of every outer court for a hotel hereafter erected shall be 
 as follows: 
 
 Height of building based on the full number of stories in 
 the buildi7ig measured upward from and including the 
 lowest story in which there is a guest room, or guest 
 rooms, or a dormitory or dormitories. 
 
 Minimum 
 
 width of 
 
 court 
 
 Maximum 
 
 length of 
 
 court 
 
 1 story 
 
 4 ft. in. 
 4 ft. in, 
 
 4 ft. 6 in. 
 
 5 ft. 6 in. 
 
 6 ft. in. 
 8 ft. in. 
 
 10 ft. in. 
 
 12 ft. in. 
 
 13 ft. in. 
 
 14 ft. in. 
 
 16 ft. in. 
 
 2 stories 
 
 16 ft in. 
 
 3 stories 
 
 25 ft. in. 
 
 4 stories 
 
 30 ft. in. 
 
 5 stories 
 
 35 ft. in. 
 
 6 stories 
 
 35 ft. in. 
 
 7 stories 
 
 40 ft. in. 
 
 8 stories 
 
 40 ft. in. 
 
 9 stories 
 
 40 ft. in. 
 
 10 or more stories 
 
 40 ft. in. 
 
 There shall be added to the minimum width of each such outer court six inches for 
 each five feet or fractional part thereof in excess of the maximum length; provided, 
 however, that the maximum lengths herein provided shall not apply when the outer 
 court is bounded on one side for its entire length by a lot line; provided, further, that 
 if an outer court is bounded by a public alley or public park, the width of such publif 
 alley or public park may be considered a part of the lot in determining the required 
 width of the outer court. 
 
 Minimum size of inner court. 
 
 § 20. The minimum size of every inner court for a hotel hereafter erected shall be 
 as follows: 
 
 Height of building based on the full number of stories in the 
 building measured upward from and including the loioest 
 story in which there is a guest room, or guest rooms, or a 
 dormitory or dormitories 
 
 1 story 
 
 2 stories 
 
 3 stories 
 
 4 stories 
 
 5 stories 
 
 6 stories 
 
 7 stories 
 
 8 stories and more 
 
 Minimum 
 
 width of 
 
 court 
 
 6 ft. in, 
 
 6 ft, in. 
 
 7 ft. in. 
 
 8 ft. in. 
 12 ft. in. 
 16 ft. in. 
 20 ft. in. 
 24 ft. in. 
 
 Minim,um 
 area of court 
 in square feet 
 
 75 square feet 
 75 square feet 
 120 square feet 
 160 square feet 
 250 square feet 
 400 square feet 
 625 square feet 
 840 square feet 
 
 provided, however, that the minimum size of every inner court which is bounded on one 
 side for its entire length by a lot line may be as follows : 
 
 Height of building based on the full number of stories in the 
 building measured upward from and including the lowest 
 story in which there is a guest room, or guest rooms, or a 
 dormitory or dormitories 
 
 1 story 
 
 2 stories 
 
 3 stories 
 
 4 stories 
 
 5 stories 
 
 6 stories 
 
 7 stories 
 
 8 stories and more 
 
 Minimum 
 
 width of 
 
 court 
 
 5 ft. in. 
 
 5 ft. in. 
 
 6 ft. in, 
 
 7 ft, in, 
 9 ft. in. 
 
 16 ft, in. 
 20 ft. in, 
 24 ft. in. 
 
 Minimum 
 area of court 
 
 75 square feet 
 75 square feet 
 120 square feet 
 160 square feet 
 250 square feet 
 400 square feet 
 625 square feet 
 840 square feet
 
 1041 
 
 HOTELS. 
 
 Act 2026, §g 21-23 
 
 Every inner court hereafter constructed and every inner court or vent shaft now in 
 any hotel or lodging house shall be provided with a door or window at or near the bot- 
 tom thereof, giving sufficient access to such court or vent shaft as to enable it to be 
 properly cleaned out. 
 
 Recess. 
 
 $ 21. Every recess from a court, yard or street in a hotel hereafter erected shall 
 unless it conforms to the requirements of this act for an inner court, or an outer court, 
 be not less in width than its depth. Every such recess shall be open and unobstnicted 
 from a point not more than two feet above the floor line of the lowest story in the 
 building in which there are rooms the said recess proposes to serve. 
 
 Intakes for inner court. 
 
 $ 22. Every inner court in a hotel of two or more stories in height hereafter erected 
 shall be provided with one or more horizontal intakes at the bottom of the court, as 
 follows : 
 
 Inner court areas 
 
 Minimum 
 
 number of 
 
 intalces 
 
 Net aggre- 
 gate area of 
 intakes 
 
 Each not exceeding 300 square feet 
 
 One 
 Two 
 Two 
 
 19J square feet 
 40 square feet 
 60 square feet 
 
 Each not exceeding 800 square feet 
 
 Each exceeding: 800 square feet 
 
 
 Every such intake shall always extend directly to the front of lot or front yard, or 
 rear yard, or to a side 3'ard, or to a street, or to a public alley or park. Whenever 
 more than one intake is required, one such intake shall extend to the front of lot or 
 front yard, and one to the rear yard, public alley, public park, or to the other street, 
 and the court ends of the air intakes shall be as far apart as possible. 
 
 Each such intake shall consist of an unobstructed duct or passageway having a mini- 
 mum width of three feet in all its parts and a minimum height of six feet six inches. 
 
 Construction. 
 
 Every such intake shall be constructed of approved incombustible materials, or shall 
 be lined with at least number twenty-six (gauge) galvanized iron on the inside thereof. 
 Such air intakes may be closed at each end with a gate or grill having not less than 
 seventy-five per cent of open work. 
 
 In case the inner court does not extend below the second floor level, then each such 
 air intake may consist of an unobstructed open duct, constructed of approved incom- 
 bustible materials or lined with at least number twenty-six (gauge) galvanized iron 
 on the inside thereof, having an interior area of not less than nineteen and one-half 
 square feet, and in no dimension less than twelve inches, and covered at each end with 
 a wire screen of not less than one inch mesh. 
 
 Every air intake shall be drained and so constructed and arranged as to be readily 
 cleaned out. 
 
 Cellars. 
 
 § 23. In no hotel shall any room in the cellar be constructed, altered, converted or 
 occupied for sleeping purposes. 
 
 Every cellar shall be illuminated and ventilated. The walls and floor of every cellar 
 hereafter constructed, which are below the ground level, shall be made waterproof and 
 dampproof, and whenever deemed necessary and so ordered by the department charged 
 with the enforcement of this act, the walls and ceilings thereof shall be plastered. 
 
 Gea. Laws — 66
 
 Act 2026, §§ 24, 25 GKNERAL. LAWS. 1042 
 
 Basements. 
 
 ^ 24. In no hotel shall any room in the basement be constructed, altered, converted 
 or occupied for sleeping purposes, unless such room conforms to all of the requirements 
 of this act for rooms in other parts of the building, and that ceiling of each such room 
 be in all parts not less than seven feet above the adjoining ground level. 
 
 Every basement shall be illuminated and ventilated. The walls and floors of every 
 basement hereafter constructed, which are below the ground level, shall be made water- 
 proof and dampproof, and whenever deemed necessary and so ordered by the depart- 
 ment charged with the enforcement of this act, the walls and ceilings thereof shall be 
 plastered. 
 
 Ventilation beneath floor. 
 
 $ 25. In every hotel hereafter erected, the lowest floor thereof shall be at least 
 eighteen inches above the surface soil adjoining and under the floor, and the entire 
 space under such floor shall be kept dry, drained, clean and free from any accumula- 
 tion of rubbish, debris or filth. S 
 
 Such space under the floor shall be enclosed and provided with a sufficient number 
 of openings with removable screens or similar provisions of a size to insure ample 
 ventilation; provided, however, that in any such building the lowest floor thereof may 
 be less than eighteen inches above the surface soil but in no case less than six inches 
 (except where masonry floors are laid directly on the soil) if the said floor is made 
 impervious to the ingress of rats or other vermin, as follows: 
 
 Floor made impervious to rats. ^ I 
 
 (a) Foundation walls shall be constructed of concrete or of brick or stone or other •aI 
 
 masonry laid in a good mortar or constructed of some other equally as rat proof 
 
 material. 
 
 (b) The said foundation walls shall be not less than six inches in thickness at the 
 top nor less than twelve inches in thickness at the bottom, nor extend less than twelve 
 inches below the surface soil, and except where masonry floors are laid directly on the 
 soil, shall extend not less than six inches above the surface soil. 
 
 (c) Every opening in the foundation walls, for ventilation or for other purjioses, 
 shall be made rat proof with suitable metal screens or with some other similar rat proof 
 material. Door or window openings in such walls shall have tight-fitting doors or 
 windows. 
 
 (d) The said lowest floor or differing levels thereof, forming a complete floor between 
 the outside walls of the building, shall be constructed either of masonry or covered with 
 concrete not less than one and one-half inches thick, or constructed of two layers of 
 flooring with a layer of galvanized iron or galvanized iron wire cloth or other approved 
 equally as ratproof material placed between the two layers of flooring. Or in lieu of 
 the floor being constructed as herein prescribed, the entire ground area under the floor 
 shall be covered with concrete not less than two inches thick, except where the surface 
 of the soil is composed of rock. The ratproofing material shall always extend under 
 the plates of the exterior walls and supporting partitions. 
 
 (e) All openings throughout the said floor for chimneys, plumbing, water pipes or 
 for any other purpose, shall be closed up tight in the same manner and with the same 
 kind of materials as required under the plates of the exterior walls and supporting 
 partitions, and if the rat-proofing material used for the closing of openings is other 
 than masonry, it shall extend beyond and underlap the flooring all around the opening, 
 not less than two inches. 
 
 T^l
 
 1043 HOTELS. Act 2026. gg 26, 27 
 
 Floor area of guest room. Width and height. Curtains. 
 
 $ 26. In every hotel hereafter erected, every guest room shall contain not less than 
 ninety square feet of superficial floor area. Every such room shall at every point be not 
 less than seven feet in width, nor less than nine feet in height, measured from the 
 finished floor to the flnished ceiling; except that attic rooms and rooms where sloping 
 ceilings occur need be nine feet in height in but one-half the area of the room. 
 
 Every water-closet compartment shall be not less than thirty-six inches in clear 
 width, and every such water-closet compartment, bath or slop-sink compartment, or 
 closet or recess from a room, or dressing room shall have a height of not less than seven 
 feet six inches, measured from the finished floor to the finished ceiling. 
 
 Every closet, recess from a room, or dressing room which contains more than twenty- 
 five square feet of superficial floor area (built-in dressers, clothes presses and similar 
 features which are a substantial part of the structure shall not be deemed to be a 
 part of the floor area of a closet, recess from a room, or dressing room), shall conform 
 to all of the provisions of this act as to guest rooms, and shall contain not less than 
 ninety square feet of superficial floor area. 
 
 No part of any room in any hotel shall hereafter be enclosed or subdivided wholly 
 or in part, by a curtain, portiere, fixed or movable partition, or other contrivance or 
 device, for any purpose, contrary to any of the provisions of this act. 
 
 Entertainment, amusement or reception rooms, or public dining rooms, hereafter con- 
 structed, altered or converted in any hotel -shall conform to the provisions of section 
 thirty of this act. 
 
 Dormitories hereafter constructed, altered or converted in any hotel shall conform 
 to the provisions of section sixty-two of this act. 
 
 Windows. 
 
 $ 27. In every hotel hereafter erected, every guest room, dormitory, kitchen, scullery, 
 pantry or other room in which food is stored or prepared, public dining room, laundry, 
 barber shop, Turkish baths, general amusement, entertainment or reception room, 
 water-closet or shower compartment, bath, toilet or slop-sink room and general utility 
 room shall have at least one window, of the area hereinafter required, opening directly 
 upon a street, or upon a yard or court of the dimensions specified in this act and 
 located on the same lot. 
 
 All windows required by this act shall be located so as to properly light all portions 
 of the room and shall be made so as to open in all parts and be so arranged that at 
 least one-half of the window may be opened unobstructed. 
 
 Opening into vent shaft. 
 
 The windows required by this section in a water-closet or shower compartment, bath, 
 toilet or slop-sink room may open directly int a vent shaft in lieu of a street, yard or 
 court. Such vent shaft to be not less than of the minimum size, and constructed of the 
 materials and in the manner prescribed by section fifty-seven of this act, or such rooms 
 or compartments, in lieu of being provided with windows may be ventilated by an ex- 
 haust system of ventilation installed, constructed and maintained as prescribed by 
 section sixty-one hereof. 
 
 Opening through porch. 
 
 The windows required by this section to open onto a street, yard, or an outer court, 
 except windows from kitchens, may open through porches, provided that said porches 
 do not exceed seven feet in depth, measured at right angles to the windows and that at 
 least seventy-five per cent of the entire side of the porch, bounded by the street, yard, 
 or outer court, is left open except that the open space may be enclosed with mosquito 
 screens.
 
 Act 2026. §§ 28-31 GENERAL LAWS. 1&14 
 
 Ventilation by exhaust system. 
 
 Kitchens, sculleries, pantries or other rooms used for cooking, storing or preparing 
 of food, public dining rooms, laundries, barber shops, Turkish baths, general amuse- 
 ment or reception rooms and general utility rooms, in lieu of windows may be ventilated 
 by an exhaust system of ventilation installed, constructed and maintained as prescribed 
 by section sixty-one hereof. 
 
 Window area« 
 
 § 28. In every hotel hereafter erected, the total window area in each guest room, 
 kitchen, scullery, pantry or other room in which food is stored or prepared, laundry, 
 barber shop, Turkish bath, or general utility room, shall be at least one-eighth of the 
 superficial floor area of the room. 
 
 The aggregate window area in each room shall be not less than twelve square feet and 
 no single window shall be less than six square feet in area. 
 
 All measurements for window area shall be taken to the outside of the sash. 
 
 The window area required for dormitories, entertainment, amusement, reception or 
 dining rooms shall be as hereinafter provided. 
 
 $ 29. In every hotel hereafter erected each window in a water-closet compartment, 
 bath, toilet or slop-sink room, or shower room, shall be not less than three square feet 
 in area. The aggregate area of windows for each such compartment or room shall be 
 not loss than six square feet. In each such compartment or room containing more than 
 one water-closet, bath, urinal or slop-sink, the aggregate window area shall be equiva- 
 lent to three square feet for each water-closet, bath, urinal or slop-sink therein; 
 except that at no time need the aggregate window area exceed one-fourth of the super- 
 ficial floor area of such compartment or room. 
 
 Total window area in dining room, etc. 
 
 $ 30. In every hotel hereafter erected the total window area in each room used for 
 the purpose of entertainment, amusement, reception or dining room, which room has a 
 superficial floor area not exceeding one hundred eighty square feet, shall be at least one- 
 eighth of the superficial floor area of such room. 
 
 Every such room which has a superficial floor area exceeding one hundred eighty 
 square feet shall have an aggregate window area not less than that required for a room 
 of one hundred eighty square feet of superficial floor area. 
 
 Height of rooms. 
 
 Every such entertainment, amusement, reception or dining room shall have a minimum 
 height between the finished floor and the finished ceiling of not less than nine feet. No 
 such room or part thereof shall be used for sleeping purposes, except that said room or 
 part thereof complies with all of the other provisions of this act for guest rooms. 
 
 Windows in public hallway. 
 
 $ 31. In every hotel hereafter erected every public hallway, on any floor where there 
 are more than five guest rooms, shall have at least one window, opening directly upon a 
 street, or upon a yard or a court, of the dimensions specified in this act and located on 
 the same lot; such windows shall be at the end of the public hallway and placed so as 
 to secure the maximum light into the hallway; provided, however, that in hotels not 
 exceeding two stories in height the public hallway may, in lieu of such windows, be 
 lighted and ventilated by one or more skylights contructed in accordance with the pro- 
 visions of this act. 
 
 Every window required by this act in a public hallway shall be not less than twenty- 
 nine inches in clear width, nor less than fifty-eight inches in height, and the finished sill 
 of same shall be not more than thirty inches above the adjoining finished floor.
 
 1045 HOTELS. Act 2026, g§ 32, 33 
 
 Eveiy window shall be made so as to open, and so arranged that at least one-half of 
 the window may be opened unobstructed. 
 
 Skylights. 
 
 Ever\' skylight provided for in this section shall have an effective horizontal area of 
 glass of not less than fifteen square feet, and shall have ridge ventilators or fixed or mov- 
 able louvres so as to provide a ventilating area of not less than five hundred square 
 inches. Such skylights shall be so located that no portion of the hallway be distant 
 more than twenty feet, measured from a vertical line, from a skylight opening. 
 
 Any part of a public hallway which is offset, recessed, or cut off from any other part 
 of a hallway where such offset or recess is more in length than one and one-half times 
 the width of the public hallway from which it offsets or recesses, shall be deemed a sep- 
 arate public hallway within the meaning of this section. 
 
 French windows. 
 
 French windows or doors, if arranged to open and glazed to give the areas of open- 
 ing and glass required by this act for windows in public hallways, may be used in lieu 
 of windows therein. 
 
 Ventilating skylight. 
 
 § 32. In every hotel two or more stories in height hereafter erected, where there are 
 more than five guest rooms on any one floor, there shall be provided at the roof over 
 each stairway a ventilating skylight, placed directly as practicable over same, having a 
 minimum effective horizontal area of glass af least twenty square feet in area for build- 
 ings two stories in height, and the area of glass in such skylight shall be increased at 
 the ratio of six square feet for each additional story in height. In every such skylight 
 the ventilating area shall be not less than five hundred square inches. 
 
 Every such skylight, ventilating openings, shutters and closing and opening devices 
 for the ventilating openings, shall be made of approved incombustible materials, and 
 so arranged that the entire ventilating area may be readily opened from at least the 
 topmost and first story levels; except that in hotels not exceeding four stories in height 
 the ventilators may be arranged so as to open from at least the first story, or may be 
 fixed permanently in an open position. 
 
 Skylights as in this section prescribed may be omitted in case that windows are pro- 
 vided of the size fixed by section thirty-one hereof, and located adjoining the stairways, 
 and that each window adjoining the stairway be provided with an open louvre or ven- 
 tilator providing a ventilating area of not less than one hundred square inches or such 
 louvre or ventilator may be placed in the roof over the stairway in which event the 
 ventilating area shall be not less than five hundred square inches. 
 
 Whenever a skylight is required, as in this section provided, there shall be constructei 
 a stair well, the clear open area of which shall be at each floor equal to one-third of the 
 area of the glass in the skylight. 
 
 Water-closets. Waterproof floor. 
 
 § 33. In every hotel hereafter erected there shall be installed not less than one 
 water-closet in a separate compartment, located on the public hallway, for each sex on 
 such floor. One of such water-closets shall be distinctly marked "for men", and one of 
 the water-closets distinctly marked "for women"; and there shall be installed not less 
 than one water-closet in a separate compartment, located on the public hallway, for 
 every ten guest rooms, or fractional part thereof, on such floor, which are not provided 
 with private water-closets. Each of the said water-closets shall be accessible from each 
 of the guest rooms through the public hallway, and not more than one hundred feet dis- 
 tant from the entrance door of each of the guest rooms the said water-closet proposes 
 to serve.
 
 Act 202G. §§ 34, 35 GENERAL LAWS. 1046 
 
 In every hotel hereafter erected there shall be installed not less than one water-closet 
 for every twenty employees of each sex in said building. 
 
 No door or other opening in a water-closet or urinal compartment shall open from 
 or into any room in which food is prepared or stored. 
 
 The walls enclosing a water-closet compartment shall be well plastered, or constructed 
 of some nonabsorbent material, except that the ordinary wood trim for openings may 
 be used in such a compartment. Every water-closet compartment shall be provided and 
 equipped with a full door, properly hung, and provided with a lock or bolt to lock same. 
 
 The floor of every water-closet compartment hereafter constructed shall be made 
 waterproof with asphalt, tile, marble, terrazzo, cement or some other similar nonabsorb- 
 ent material, and such waterproofing shall extend not less than six inches on the vertical 
 walls of the comi^artment. 
 
 In hotel already erected. 
 
 ^ 34. In every hotel erected prior to the passage of this act there shall be installed 
 not less than one water-closet in a separate compartment, located on the public hallway 
 for each sex; one of such water-closets shall be distinctly marked "for men," and one 
 of the water-closets shall be distinctly marked "for women"; and there shall be in- 
 stalled not less than one water-closet in a separate compartment, located on the public 
 hallway, for every twelve guest rooms, or fractional part thereof, on such floor, which 
 are not provided with water-closets; provided, however, that the housing department 
 charged with the enforcement of this act may exempt any hotel existing at the time 
 of the passage of this act from fully complying with the provisions of this paragraph 
 when, in its discretion, such deviation will not be detrimental to the health of the occu- 
 pants thereof, or to the sanitation of the said hotel or premises; provided, further, that 
 no such exemption shall apply to any addition or extension to a hotel. 
 
 Every water-closet hereafter placed in a hotel erected prior to the passage of this 
 act shall comply with every provision of this act relative to water-closets installed in 
 hotels hereafter erected, except that if a water-closet is installed in the top story of any 
 such building, the compartment in which it is installed may be ventilated by a skylight 
 with fixed louvres in lieu of a window; provided, however, that a new water-closet may 
 be installed to replace a defective or antiquated fixture in the same location. No door 
 or other opening in a water-closet, privy, or urinal compartment shall open from or into 
 a room ib which food is prepared or stored. 
 
 Sewer connection required. 
 
 Every hotel erected prior to the passage of this act or hereafter erected, where a con- 
 nection with the sewer is possible, shall discontinue the use of anj' school sink, j^rivy 
 vault or any similar receptacle used to receive fecal matter, urine or sewage, and every 
 such receptacle shall be completely removed and the place where it was located be prop- 
 erly disinfected. All such receptacles shall be replaced by individual water-closets of 
 durable nonabsorbent material, properly connected, trapped, vented and provided with 
 flush tanks, the same as is required, by the provisions of this act, in hotels hereafter 
 erected. 
 
 Bath tub or shower. 
 
 § 35. In ever^' hotel hereafter erected there shall be installed not less than one bath 
 tub or shower, in a separate compartment, located on the public hallway, for every ten 
 guest rooms, or fractional part thereof, not provided with private baths; provided, that 
 the said bath tub or shower is on the same floor and is accessible from each guest room 
 through the public hallway. There shall also be installed not less than one slop-sink on 
 each floor.
 
 J047 HOTELS. Act 2026, §§ 36-39 
 
 The walls and floors to every bath, shower or slop-sink room hereafter constructed 
 shall be waterproofed and shall be provided with doors in the same manner as required 
 for the construction of water-closet compartments in hotels hereafter erected. 
 
 In hotel already erected. 
 
 $ 36. In every hotel erected prior to the passage of this act there shall, be installed 
 not less than one bath tub or shower, in a separate compartment, located in the public 
 hallway, for every twenty guest rooms, or fractional part thereof, which are not pro- 
 vided with private baths; provided, that the said bath tub or shower is located on the 
 same floor and is accessible from each guest room through the public hallway. 
 
 There shall also be installed not less than one slop-sink on each floor; provided, how- 
 ever, that the housing department charged with the enforcement of this act may exempt 
 any hotel existing at the time of the passage of this act from fully complying with the 
 provisions of this- section when, in its discretion, such deviation will not be detrimental 
 to the health of the occupants thereof, or to the sanitation of the said hotel or premises; 
 provided, further, that no such exemption shall apply to any addition or extension to a 
 hoteL 
 
 Running water. Sewer connection. 
 
 $ 37. In every hotel hereafter erected every plumbing fixture shall be provided with 
 running water, and there shall be provided faucets, with running water, suificient in 
 number so that all of the yards, courts and passageways may be washed. Faucets shall 
 be of the hose bibb type, not less than three-quarter inch size. 
 
 Every plumbing fixture affecting the sanitary drainage system in any hotel hereafter 
 erected, shall be properly connected with the street sewer, if a street sewer exists in 
 the street abutting the lot on which the building is located and is ready to receive con- 
 nections. When it is impracticable to connect such plumbing fixtures with a street 
 sewer, then the plumbing fixtures shall be connected and drained into a cesspool con- 
 structed satisfactorily to the department charged with the enforcement of this act* or 
 some other means of sewage disposal satisfactory to the department charged with the 
 enforcement of this act may be made until such time as it may become practicable and 
 possible to connect with the street sewer. 
 
 In hotel already erected. 
 
 § 38. In every hotel erected prior to the passage of this act, every plumbing fixture 
 shall be provided with running water, and there shall be provided faucets, with running 
 water, suflBcient in number so that all of the yards, courts and passageways may be 
 washed. Faucets shall be of the hose bibb type, not less than three-quarter inch size. 
 
 In case no running water. Privy. 
 
 $ 33. Water-closets, baths, showers, sinks, slop-sinks, faucets and other plumbing fix- 
 tures required by this act need not be installed in the event that the hotel hereafter 
 erected or an existing hotel, as the case may be, is situated where there is no running 
 water and where there is no practical means of sewage disposal, until such time as it 
 becomes practicable and possible to obtain running water and means of sewage disposal ; 
 provided, in every such case the department charged with the enforcement of this act 
 shall decide whether or not it is practicable and possible to provide running water 
 and proper means of sewage disposal. A special permit in writing shall be obtained 
 in every such case from the department charged with the enforcement of this act, 
 which permit shall be made in duplicate, and a copy thereof shall remain on file in 
 the department issuing it; provided, further, that proper, separate toilet facilities 
 for each sex shall be provided for the use of the occupants of such building. Such 
 facilities shall be made sanitary. A privy, or toilet other than a water-closet.
 
 Act 2026, g§ 40-43 GENERAL LAWS. IMS 
 
 erected under the authority of this section shall consist of a pit at least three feet 
 deep, with suitable shelter over the same to afford privaej^, and protection from the 
 elements. The openings of the shelter and pit shall be enclosed by mosquito screen- 
 ing, and the door to the shelter shall be made to close automatically by means of a 
 spring or other device. No privy pit shall be allowed to become filled with excreta 
 to nearer than one foot from the surface of the ground, and the excreta in the pit 
 shall be covered with earth, ashes, lime or similar substances at regular intervals. 
 
 All drainage water shall be conveyed from the premises by means of a covered 
 drain to a covered cesspool. 
 
 Plumbing fixtures made sanitary. 
 
 § 40. In every hotel erected prior to the passage of this act all plumbing fixtures 
 affecting the sanitary drainage system shall be properly trapped and vented and 
 made sanitary in every particular. In any hotel hereafter erected, and in an> 
 hotel erected prior to the passage of this act no plumbing fixtures shall be enclosed 
 with woodwork, but the space under and around same must be left entirely open. 
 All woodwork enclosing a water-closet, sink, slop-sink, wash tray or lavatory shall 
 be removed and the floor and wall surfaces beneath and around such water-closet, 
 sink, slop-sink, wash tray or lavatory shall be maintained in good repair, and if of 
 wood, well painted with a light colored paint of sufficient body to make it non- 
 absorbent. All wooden seats, attached to water-closets bowls, shall be varnished 
 or enameled, or by some other method made nonabsorbent. 
 
 In every hotel hereafter erected water-closets shall have earthenware bowls and shall 
 have earthenware seats integral with the bowls, or wooden seats, varnished or enameled 
 so as to be nonabsorbent, or seats made of some nonabsorbent material attached directly 
 to the bowls. No wooden wash trays or wooden kitchen sinks shall be permitted in such 
 buildings. All plumbing connections hereafter made in buildings shall be of standard 
 lead, iron, steel or brass; and every gas and water service connection hereafter made 
 shall be of steel or iron, and shall be equipped with cut-off valves placed outside of the 
 building, and such cut-off valves shall be readily accessible. 
 
 Whenever any plumbing fixture become insanitary the department charged with thvO 
 enforcement of this act is hereby empowered to order the same removed and to order 
 that it be replaced by a fixture conforming to the provisions of this act. 
 
 Two means of egress. 
 
 § 41. Every hotel hereafter erected, three or more stories in height and in which 
 there are more than five guest rooms on any one floor, shall be so designed and con- 
 structed that every guest room in such building shall have not less than two means of 
 egress, either by stairways or fire escapes, constructed in accordance with the provision^ 
 of this act. Such means of egress shall be accessible from every guest room, either 
 directly or through a public hallway, and so located that should one egress be or become 
 blocked, the other egress shall be available. 
 
 Stairways. 
 
 § 42. Every hotel two or more stories in height, hereafter erected shall have not 
 less than two stairways. 
 
 Every fireproof hotel two or more stories in height hereafter erected shall have not 
 less than one stairway, not less than three feet six inches wide, for each six thousand 
 square feet, or fractional part thereof, of floor area in any one floor above the first floor 
 thereof. 
 
 Every semifireproof hotel two or more stories in height hereafter erected shall have 
 not less than one stairway, not less than three feet six inches wide, for each four thou-
 
 1049 HOTELS. Act 2026, §§ 43-45 
 
 sand square feet, or fractional part thereof, of floor area in an)^ one floor above the 
 first floor thereof. 
 
 Every wooden hotel two or more stories in height hereafter erected shall have not 
 less than one stairway, not less than three feet six inches wide, for each three thousand 
 square feet, or fractional part thereof, of floor area in any one floor above the first 
 floor thereof. 
 
 Everj' hotel hereafter erected shall have not less than one stairway leading from the 
 outside to every basement or cellar thereof. 
 
 Computing number of stairways required. 
 
 § 43. The largest floor area above the ground floor shall be used as the basis for com- 
 puting the number of stairways required in a hotel hereafter erected; provided, that 
 if all floors above the largest floor area of the building are diminished in area, the stair- 
 way or stairways from that portion of the building containing a smaller area may be 
 computed on the basis of the largest floor area in that portion of the building. 
 
 Location of stairways. 
 
 § 44. All stairways hereafter constructed shall be located so as to furnish the best 
 means of egress from the building, shall be as far removed from each other as is prac- 
 ticable, and shall be as follows: 
 
 Access to stairways shall be provided at every floor by means of a public hallway, 
 corridor, or passagCAvay, and the public hallway, corridor, passageway and stairway 
 from the ground exit level to the top storj'^ or roof shall be accessible at all times. 
 
 No stairway shall abut on more than one side of an elevator shaft, except on the 
 entrance and topmost stories; provided, that the stairway is so located that it can be 
 approached from the street entrance without passing by or in front of the open side 
 of the said elevator shaft. 
 
 No stairway shall be located over a steam boiler, gas meter or gas heater or furnace, 
 unless such boiler, gas meter, gas heater or furnace be located in a room, the walls and 
 ceiling of which are constructed as required for a boiler room by section fifty-nine of 
 this act. No stairway leading from any other portion of the building shall terminate 
 in or pass through a boiler room. 
 
 Construction of stairways. 
 
 ^ 45. Every stairway hereafter constructed shall be as follows : have a rise of not 
 more than eight inches and a run of not less than 9 inches, without change in the run or 
 rise between floors; and shall be provided with head room of not less than six feet six 
 inches, measured from the nearest nosing of the stairway to the nearest soffit. 
 
 The depth of every landing in a stairway shall be not less than the width of the stair- 
 way, and all treads shall be of equal width for every run of stairs, and shall not vary 
 in width in the width of the stairs. 
 
 Every stairway required by this act shall be continuous from the ground level to the 
 top story, i. e., the flights of such stairway shall be constructed one directly above the 
 other, or shall be constructed so that each flight shall be in plain view of each succeed- 
 ing flight; provided, however, that half of the stairways from the upper floors may 
 terminate at the second floor, in the event that the stairways from the first to the sec- 
 ond floor be increased in width not less than fifty per cent. 
 
 Every stairway shall have at least one handrail and if the stairway be five feet or 
 more in width, shall have a handrail on each side thereof. 
 
 The under side and soffits of wooden stairways and the outside stringers of open 
 stairways, except outside stairways in semifireproof and wooden hotels shall be metal
 
 Act 2026, 8§ 46-49 GE}NE:RAIi LAWS. 1050 
 
 lathed and plastered not less than three-quarters inch thick including the lath, or lathed 
 with approved plaster board and plastered not less than three-quarters inch thick in- 
 cluding the plaster board. 
 
 The width of stairways shall be measured in the clear of all projections except the 
 baseboards, and except that handrails and newel posts may project not more than four 
 inches. 
 
 Space under stairway. 
 
 $ 46. No closet of any kind shall be constructed in any hotel under any wooden 
 stairway, but such space shall be kept entirely open, and be kept clean and free from 
 all encumbrance; or such space shall be effectually closed with walls of studs, lathed and 
 plastered, with no door or opening of any kind therein; provided, however, that the 
 provisions of this section as to a closet under a stairway shall not apply to any hotel not 
 more than two stories in height, in which there are not more than five guest rooms 
 above the first floor thereof. 
 
 Stairway to roof. 
 
 § 47. In every hotel hereafter erected more than two stories in height, the stairway 
 nearest to the main entrance of the building shall be carried to the roof level and shall 
 give egress to the roof through a penthouse or roof structure. In every such building 
 not exceeding two stories in height there shall be constructed a scuttle, in the public 
 hallway, near the stairway. Such scuttle shall be not less than two feet by three feet in 
 area, and shall be cut through the ceiling and roof. 
 
 Penthouses over stairways shall be built either of fireproof materials or of wood 
 studs, lathed with metal lath or approved plaster board and plastered not less than 
 three-quarters inch thick including the lath or plaster board on the inside and outside 
 thereof; or such penthouses may be covered in the same manner and with the same 
 kind of materials as required by this act for the doors from such penthouses. 
 
 The door to the roof from a penthouse or roof structure shall be self-closing and shall 
 open outward to the roof and shall be covered on both sides and edges with tin or other 
 metal. 
 
 The frames and trim of such door opening shall be similarly constructed and all glass 
 in such door shall be wired glass not less than one-fourth inch thick. 
 
 In hotel already erected. 
 
 Every hotel of more than two stories in height, erected prior to the passage of this 
 act, shall have in the roof a penthouse or a scuttle, which scuttle shall be not less 
 than two feet by three feet in area, located in the ceiling of a public hallway. There 
 shall be provided a stairway or a stationary ladder, leading from the top floor of such 
 hotel to the roof thereof. Such stairway or stationary ladder shall be made readily 
 accessible to all the tenants of the building. No scuttle or penthouse door shall at any 
 time be locked with a key, but may be fastened on the inside by a movable bolt or lock. 
 
 Hallways, etc., from stairways. 
 
 § 48. Public hallways, landings, and corridors from stairways shall be of the same 
 width and measured in the same manner as the stairways, as provided in section forty- 
 six hereof. 
 
 Fire escapes. 
 
 § 49. On every hotel hereafter erected more than two stories in height, there shall 
 be provided at least one fire escape. If such hotel exceeds three thousand square feet of 
 floor area on any one floor above the second floor thereof, such building shall be pro- 
 vided with one additional fire escape for each four thousand square feet of floor area or 
 fractional part thereof. 
 
 •J 
 
 II
 
 1^ 
 
 151 HOTELS. Act 2026 
 
 Types of fire escapes. 
 
 Fire escapes required by this act shall be of one of the following types: 
 [Type 1.] 
 
 Type 1. Metallic throughout and fastened securely to the exterior walls of the build- 
 ing, with a balcony at each story above the first storj' thereof, with inclined stairways 
 connecting all balconies and a goose-neck ladder connecting the topmost balcony to the 
 roof. The lowest balcony of such fire escape to be not more than fourteen feet above 
 the street or ground level directly under same. 
 
 All metallic balconies shall be not less than forty-four inches in width nor less than 
 thirtj'^-three square feet in area. The stairway openings therein shall be not less than 
 twenty-one inches wide and forty inches in length. The balcony balustrade shall be 
 not less than thirty-four inches high, with no opening in such balustrade greater than 
 eight inches in horizontal dimension. 
 
 There shall be no opening greater than one inch in width in a fire escape balcony 
 platform, except the stair well opening. 
 
 There shall be no opening greater than one inch in width in the lowest fire escape 
 balcony platform, except that there be attached a counterbalanced or permanent ladder 
 reaching to the street or ground below. 
 
 Every balcony platform shall be fastened to the outside walls of the building by 
 building in and anchoring to such walls the balcony platform and the balustrade fram- 
 ing, or by securely bolting same thereto. Every balcony shall be supported by brackets, 
 braces, or struts fastened to or built in and anchored to the walls. 
 
 The inclined stairways shall be not less than eighteen inches in width and placed in 
 no part nearer than twenty-one inches from the face of the wall. Such inclined stair- 
 ways shall have an inclination of not less than four inches and not more than six hori- 
 zontally to each twelve inches of vertical height. The treads shall be not less than four 
 inches wide, placed not more than twelve inches apart. Each side of such stairways 
 shall be provided with a handrail not less than one inch in diameter fastened to the 
 stair stringers and continued around the well hole openings of balcony platform. 
 
 The goose-neck ladder shall be not less than fifteen inches wide and extend vertically 
 from the topmost balcony to three feet above the fire wall or roof above, and then be 
 brought down and fastened to the inside face of the fire wall or to the roof. The rungs 
 of the goose-neck ladder shall be not less than five-eighths inch round iron or steel, 
 placed not more than fourteen inches apart. The goose-neck ladder shall be securely 
 braced and fastened to the outside wall, and in no ease shall such ladder pass in front 
 of any opening in the wall to the interior of the building. The cornice opening for the 
 passage of such ladder shall be not less than twenty-four inches in width and twenty- 
 four inches in the clear outside of the ladder. 
 
 Such fire escape shall be framed and riveted or bolted together in a solid, substantial 
 manner and properly supported, braced and fastened to the outside walls so as to be 
 rigid, durable and secure and carry the loads imposed. 
 
 All metallic fire escapes shall be painted with not less than two coats of good, dur- 
 able paint; or such fire escapes may be galvanized. 
 
 [Type 2.] 
 
 Type 2. Metallic ladders and stairways conforming to the provisions set forth for 
 type one and with reinforced concrete or iron or steel fireproofed balconies, with fast- 
 enings of similar materials. Such balconies to measure the full size inside of balus- 
 trades. Floor openings and well holes provided and protected similarly to the require- 
 ments for metallic balconies.
 
 Art 2026, § so GBNERAIi LAWS. 10S2 
 
 [Type 3.] Enclosed spiral fire escape. 
 
 Type 3. Any type of an enclosed approved metallic spiral fire escape which consists 
 of a rigid form of an inclined chute or chutes constructed entirely of incombustible 
 material; securely attached to the outside walls of the building; provided with proper 
 means of ingress thereto from the building and egress therefrom at the bottom; having 
 means enabling firemen to reach the roof thereby from the ground; equipped with 
 stand-pipes; painted the same as provided for metallic fire escapes; and satisfactory 
 to the department charged with the enforcement of this act as being as solid, substantial 
 and durable and as fireproof in construction, and providing at least as safe and efficient 
 means of escape from the building for the occupants thereof, and furnishing all the pro- 
 tection and utility of the metallic fire escape described as "type one" in this act. 
 
 [T3rpe 4.] Fire and smoke towers. 
 
 Type 4. Fire and smoke towers, consisting of a fire escape stairway not less than 
 twenty inches in width, constructed of reinforced concrete, iron or steel, or a combina- 
 tion of these materials; and in all other details as required in this act for metallic fire 
 escape stairways; said stairways being continuous the full height of the building from 
 the first floor exit level to the roof, and with handrails on each side thereof the full 
 length of same. Such stairways to be constructed at a point adjoining the exterior walls 
 of the building and be entirely enclosed with walls of brick, terra cotta tile, concrete or 
 reinforced concrete not less than twelve inches thick; such walls to be continuous from 
 the basement up to and extending three feet above the roof of th^ building, with no 
 covering of any kind over same, and with no openings in the walls of such tower into 
 the building. The enclosing walls of such tower not to be used to carry or support any 
 floor joist, beam, girder or other structural feature of the building, nor to be chased 
 for any pipe, conduit or other purpose; to have an exit from the enclosure at the first 
 floor line opening directly to a street or yard, and having an entrance by means of an 
 outside balcony at each floor, such balconies to have a solid floor and in all other details 
 and kind of materials to be as in this act required for metallic fire escape balconies. 
 The balconies to be located and arranged to connect with a door opening from a public 
 hallway in the interior of the building and with a door opening leading from the bal- 
 cony to the tower, such door opening from the building to the balcony and from the 
 balcony to the tower to be not less than thirty inches wide by seventy-two inches high 
 and be equipped with metal-lined doors and with a frame and threshold of such door 
 openings constructed of fireproof materials. 
 
 [Type 5.] 
 
 Type 5. A fire and smoke tower in every way similar to "type four" of this section, 
 except that instead of the outside balcony there be built a vestibule with enclosing 
 walls continuous with and of the same kind of materials and of the same thickness as 
 the enclosing walls of the fire tower; that the vestibule opening be direct from a public 
 hallway and be equipped with metal-lined doors. The vestibule floor to be of masonry 
 construction. The enclosure to have an opening §it each floor through the exterior wall 
 of the building, such opening to extend from the floor to the ceiling and be not less in 
 width than three-fourths of the width of the tower, said opening to be protected with 
 an open metallic balustrade similar to that specified for metallic fire escape balconies. 
 
 Stairway and fire escape comhined. 
 
 $ 50. In any hotel hereafter erected in which there is constructed a fire escape of 
 "type four" or "type five," as prescribed in this act, such fire escape may be used and 
 construed as a stairway and a fire escape combined; provided, that there is at least one 
 other stairway or one other fire escape constructed in accordance with the provisions of 
 this act, in the said building.
 
 1053 HOTICLS. Act 2026, g§ 51-54 
 
 Location of fire escapes. 
 
 $ 51. Every fire escape required by this act shall be located on the building so as 
 to furnish the best means of escape therefrom for the occupants, and at least one such 
 fire escape shall be located on a street front. Every such fire escape shall have egress 
 thereto from a public hallway or passageway not less than three feet wide, or such fire 
 escapes, in lieu of being located on a public hallway, shall be so located that each guest 
 room has direct egress thereto without passing through another room. If a public par- 
 lor, public lobby, or similar room is connected directly with the public hall, corridor or 
 passageway through a clear and unobstructed opening, without doors, then egress may 
 be had thereby to a fire escape. Signs both pointing towards and marking the locations 
 of fire escapes shall be placed on each floor. 
 
 Computing number of fire escapes required. 
 
 § 52. The largest floor area above the second floor shall be used as a basis for com- 
 puting the number of fire escapes required by this act ; provided, that if all floors above 
 the largest floor area are diminished in size, the number of fire ecapes from that portion 
 of the building containing the smaller area may be computed on the basis of the largest 
 floor area in that portion of the building. 
 
 Strength of platform, etc. 
 
 § 53. All parts of each balcony platform of a fire escape shall be designed to carry, 
 in addition to the dead load thereof, a live load of one hundred pounds per square foot 
 over the entire area thereof, using outside dimensions, and the live and dead loads from 
 the ladders or stairs supported thereon. 
 
 Each ladder shall be designed to withstand a horizontal pressure of one hundred 
 pounds per square foot. 
 
 Each stairway shall be designed to carry, in addition to the dead load thereof, a live 
 load of one hundred fifty pounds per square foot of horizontal projection. 
 
 Top rails of balcony balustrades shall be designed to withstand a horizontal pressure 
 of one hundred pounds per lineal foot of railing. 
 
 Strength of fastenings, etc. 
 
 Each balcony shall be independently supported. 
 
 All fastenings of fire escape balconies to the building shall be designed to carry 
 twenty-five per cent greater load than the total dead and live loads carried by the bal- 
 conies. The balcony anchorage shall be direct to the structural steel or iron members of 
 the balustrades and platforms extended into the walls and anchored into the structural 
 work of the building. 
 
 The level of the inside sill of the door or window giving access to a fire escape balcony 
 or the balcony floor shall be not more than thirty inches above the adjoining floor in the 
 building. Every such door or window opening shall be not less than twenty-nine inches 
 in clear width nor less than flfty-eight inches in height. 
 
 Where double-hung windows are used in such openings, the lower sash shall be at 
 least the size of the upper sash and shall slide to the top of such opening. Any lock 
 used on any such window shall be of a type which can be readily opened from the 
 interior of the building without the use of a key or other tool. 
 
 Readily accessible. 
 
 $ 54. Every fire escape in or on a hotel hereafter erected, or in or on a hotel erected 
 prior to the passage of this act, shall at all times be maintained in good order and 
 repair, well painted and clear and unobstructed at all times, and be readily accessible.
 
 Act 2026, §8 55-57 GENERAL, LAWS. 1054 
 
 Standpipes. 
 
 $ 55. On every hotel hereafter erected four or more stories in height, there shall be 
 provided one or more metallic standpipes. Each such standpipe shall be not less than 
 four inches in internal diameter, and shall have a Siamese inlet valve near the side- 
 walk or ground directly under same, and an outlet valve at each story above the first 
 story and on the roof. 
 
 One such standpipe shall be placed on or in the exterior walls of the building at one 
 fire escape on each street frontage, and the outlet valves shall be readily accessible from 
 the balconies of the fire escapes. 
 
 The inlet and outlet valves on every standpipe shall be threaded and brought to a 
 size which will meet the standard connections of the local fire department of the munici- 
 pality in which such hotel or lodging house is being erected. 
 
 The standpipes required by this section need not be installed in any hotel which ia 
 situated where there is no running water and where it is not practicable or possible to 
 obtain water for efficient use of such standpipes in case of fire, until such time as it is 
 practicable and possible to obtain running water; and the department charged with the 
 enforcement of this act shall decide whether or not it is possible or practicable to obtain 
 running water. 
 
 Elevator shaft enclosed. 
 
 ^ 56. In everj-^ fireproof hotel hereafter erected, every elevator shaft, dumb-waiter 
 shaft or other interior shaft shall be inclosed in walls constructed of concrete, reinforced 
 concrete, brick, terra cotta tile or other similar hard, incombustible materials, or shall 
 be constructed of metal studs lathed either with metal lath or an approved plaster 
 board and plastered on both sides so as to make a solid partition not less than two 
 inches thick. 
 
 In every semifireproof or wooden hotel hereafter erected, every such shaft shall be 
 inclosed by walls constructed as provided by this act for fireproof hotels, or such wall 
 shall be constructed with wood studs, with wood firestops the same size as the studs, cut 
 in between the studs at each floor and half way between each floor, lathed on both sides 
 with metal lath or an approved plaster board and be plastered not less than three- 
 quarters inch thick including the lath or plaster board. 
 
 Every opening from any shaft into the building shall be equipped with a metal door 
 and with door frame and trim entirely of metal ; or such door and door frame shall be 
 constructed of wood covered with metal on the shaft side thereof, and if there is any 
 glass therein, such glass shall be wired glass not less than one-fourth inch thick. Every 
 door or window therein shall be made to close tight, and every door except elevator doors 
 therein shall be self-closing. 
 
 Every window in such shaft shall be of wired glass, not less than one-fourth inch 
 thick, set in a metal sash or a sash metal-covered on the shaft side thereof. 
 
 At the roof over every elevator shaft there shall be constructed a ventilating sky- 
 light or a ventilator with open louvres. 
 
 Vent shafts enclosed. 
 
 § 57. In every hotel hereafter erected every vent shaft shall be inclosed by walls 
 constructed the same as required by this act for elevator shafts in the same class of 
 building. Such vent shafts may, in a semifireproof or wooden hotel, be lined on the 
 outside thereof (weather side) with metal in lieu of metal lath and plaster; also, that 
 portion of such shaft extending from the ceiling joists to the top thereof may be lined 
 with metal in the same manner as is required for the weather side of such vent shaft. 
 
 Every opening from any vent shaft into the building or any window therein shall
 
 I 
 
 1055 HOTELS. Act 2026, g§ 58, 59 
 
 be equipped in the same manner as required by this act for elevator shafts in the same 
 class of building. 
 
 1^ Plaster on the weather side of any such shaft shall be cement plaster. 
 
 '" Every vent shaft required by this act shall be not less than four feet in any direction 
 and be at least sixteen square feet in area. If such vent shaft exceeds fifty feet in 
 height, measured from the bottom to the top of the walls of such shaft, then such vent 
 shaft shall throughout its entire height be increased in area three square feet for each 
 additional ten feet or fractional part thereof above fifty feet. 
 
 Every such vent shaft shall be provided with an air intake or duct at or near the 
 bottom thereof, communicating with the street or yard or a court. Such intake shall 
 be not less than three square feet in total area, and may be divided into not more than 
 three separate ducts running between the joists or otherwise, and shall in all cases be 
 placed as nearly horizontal as possible. Every such intake or duct shall be constructed 
 of approved fireproof material or shall be of metal or metal-lined, and be provided with 
 a wire screen of not less than one inch mesh at each end. Plumbing, gas, steam or other 
 
 , similar pipes may be placed in such a vent shaft. 
 
 Every vent shaft shall have a door or a window at or near the bottom of the shaft, 
 so arranged as to permit of its being readily cleaned out. 
 
 Walls of inner court. 
 
 § 58. The walls of every inner court in a fireproof hotel hereafter erected shall be 
 constructed of concrete, reinforced concrete, brick, terra cotta tile or other similar hard, 
 incombustible material. In a semifireproof or in a wooden hotel such inner court walls, 
 if surrounded on four sides by the walls of the same building, be constructed as pro- 
 vided for fireproof hotels, or may be of wood studs with wood firestops the same size as 
 the studs, cut in between the studs at each floor and halfway between each floor, lathed 
 on both sides with metal lath, or with an approved plaster board and be plastered not 
 less than three-quarters inch thick including the lath or plaster board. Plaster on the 
 weather side of such inner court walls shall be cement plaster, or such inner court walls 
 may be lined on the weather side with not less than number twenty-six (gauge) metal, 
 in lieu of metal lath and plaster. 
 
 Boiler room. 
 
 ^ 59. In every hotel hereafter erected, every boiler used for the purpose of heating 
 the building, using fuel other than gas, and every heating furnace or water-heating 
 apparatus, using oil for fuel, shall be installed in a room, the walls of which room shall 
 be built of concrete, reinforced concrete, brick, stone or terra cotta tile, not less than 
 six inches thick, and such walls shall extend from the floor of the boiler room to the 
 ceiling over the same. The entire ceiling of such room shall be built of similar mate- 
 rials as the walls, or shall be built with a double ceiling, with a space of not less than 
 seven-eighths inch between the two ceilings, each ceiling shall be metal lathed or lathed 
 with an approved plaster board and be plastered not less than three-quarters inch thick 
 including the lath or plaster board. The floor of a boiler room shall be of concrete not 
 less than two inches thick. 
 
 Doors in boiler room. 
 
 xiny door in the wall of such room shall be a fire-resisting door, constructed of three 
 thicknesses of seven-eighths inch by not more than six inches, tongued and grooved, 
 matched, redwood boards entirely covered on the sides and edges with lockjointed tin; 
 every such door shall be self-closing, so hung as to overlap the walls of the room at 
 least three inches, and any glass in any such door or any glass in any window or open- 
 ing in the walls of a boiler room shall be wired glass, not less thaji one-fourth inch 
 thick, set in a metal or metal-covered sash.
 
 Act 2026, §§ 00, 61 GKIVERAL LAW'S. 1056 
 
 All such doors shall have hinges, hangers, latches and other hardware of wrought 
 iron, bolted to the doors, and shall have steel tracks, when sliding doors are used, with 
 wrought-iron stops and binders bolted through the wall. Swinging doors shall have 
 wall eyes of wrought iron, built into or bolted through the wall. 
 
 Every such boiler room shall have a sill across each door not less than four inches 
 high. Such sills shall be of masonry, and the doors shall overlap same at least three 
 inches, or in lieu of a masonry sill a steel or iron sill may be used, in which case the 
 door shall close tight on top of same. 
 
 Whore oil or other fluid fuel is burned, the oil or other fluid fuel shall not be fed by 
 a gravity flow. 
 
 Garage. 
 
 ^ 60. In every hotel hereafter erected any portion of such building in which there is 
 kept or stored any automobile or automobiles shall be a room enclosed in partitions 
 which shall be built of concrete, reinforced concrete, brick, stone or terra cotta tile, not 
 less than six inches thick. Such enclosing partitions shall extend from the floor of the 
 room to the ceiling of the same. The entire ceiling of such room shall be built of mate- 
 rial similar to that in the construction of its walls or shall be either metal lathed or 
 be lathed with an approved plaster board and be well plastered, and if any portion of 
 the building is used as a public automobile garage, or automobile repair shop, or 
 machine shop the ceiling thereof shall be constructed either of masonry, or of a double 
 teiling metal lathed or lathed with an approved plaster board and be well plastered, 
 there shall be left a space between the ceilings of not less than six inches measured 
 vertically. The lower ceiling shall be suspended with iron or steel channels. In each 
 case each of the ceilings shall be plastered not less than three-quarters of an inch thick 
 including the lath or the plaster board. The floor of such room shall be of concrete not 
 less than two inches thick. Every door, window or other opening in the walls of such 
 room opening to the interior of the building shall be protected in the same manner 
 required by section fifty-nine hereof for doors, windows and other openings in a boiler 
 room. 
 
 Fan exhaust sjrstem of ventilation. 
 
 ^ 61. In every hotel hereafter erected the water-closet compartments, bath, toilet or 
 slop-sink rooms, kitchens, sculleries, pantries or other rooms in which food is stored or 
 prepared, public dining rooms, laundries, barber shops, Turkish baths, general amuse- 
 ment, entertainment or reception rooms, and rooms used for similar purposes and gen- 
 eral utility roofs, in lieu of being provided with windows, as in this act prescribed, may 
 be provided with a fan exhaust system of ventilation. Such fan exhaust system of 
 ventilation shall consist of independent inlet ducts, extending from the outer air to 
 each such room or compartment and exhaust ducts extending from each such room or 
 compartment to the outer air above the highest roof of the building. 
 
 All of the injet ducts and exhaust ducts shall be constructed of galvanized iron or 
 other smooth surfaced, nonabsorbent material and so arranged that they may be readily 
 cleaned out. 
 
 The exhaust ducts shall always be connected to an exhaust fan mechanically operated, 
 so designed and operated as to provide a complete change of air in not to exceed fifteen 
 minutes for each room used for the following purposes: kitchens; pantries or other 
 rooms used for cooking, storing or preparing of food; barber shops; Turkish baths; 
 laundries. 
 
 General amusement, entertainment, reception or dining rooms, or rooms used for 
 similar purposes; general utility rooms; and the said fan exhaust system of ventilation 
 shall be so designed and operated as to provide a complete change of air in not to
 
 1037 HOTELS. Act 2026, §§ 62-64 
 
 exceed five minutes for each room used for the following purposes: water-closets; 
 shower compartments; bath, toilet or slop-sink rooms or sculleries. 
 
 Penalty for failure to maintain. 
 
 Any person in charge of a building in which a system of fan exhaust ventilation, as 
 in this section is required, who fails, neglects or refuses to operate and maintain the 
 said system of ventilation in good order and repair so that the ventilation (complete 
 change of air) herein specified is provided in each of the rooms or compartments at 
 all times, shall be deemed guilty of a misdemeanor and subject to all of the penalties 
 fixed by this act. 
 
 Dormitory. 
 
 $ 62. Every dormitory hereafter constructed, altered, or converted in any hotel 
 shall be as follows : 
 
 (a) In no one dormitory shall there be provided sleeping accommodations for more 
 than twenty adult persons, nor shall the superficial floor space for each person be less 
 than required by section sixty-five hereof. 
 
 (b) The ceiling height, measured from the finished floor to the finished ceiling, shall 
 in no case be less than nine feet in the clear, and in no case shall there be permitted in 
 such dormitory more than one tier of beds; provided, however, that in a dormitory in 
 which the clear ceiling height is not less than eighteen feet measured between the fin- 
 ished floor to the finished ceiling thereof, a double tier of beds may be permitted, i. e., 
 one tier above the other, provided that in no event shall there be less than three feet 
 of clear vertical space between the beds, nor less than three feet in any horizontal direc- 
 tion between any of the beds, nor less than one foot of clear space between the floor of 
 the room and the under side of the first tier of beds. 
 
 (c) In every dormitoiy there shall be provided windows opening onto a street, or 
 onto a yard or court of the dimensions specified in this act and located on the same lot. 
 The window area shall in no case be less than one-eighth of the superficial floor area 
 in the dormitory, and in the event that a double tier of beds are provided, the said 
 window area shall be doubled. 
 
 (d) The frames of beds in every dormitory shall be made of steel or iron or of some 
 similar hard, smooth, incombustible and nonabsorbent material. 
 
 (e) In every dormitory there shall be provided not less than one water-closet in ;i 
 separate compartment, not less than one urinal in a separate compartment, and not lesa 
 than one shower in a separate compartment, and not less than one wash-sink, for each 
 twenty persons or fractional part thereof occupying the said dormitory. 
 
 (f) Every dormitory in a hotel erected prior to the passage of this act shall be madt 
 to conform to the provisions of subsection "(a) " of this section. 
 
 ^ 63. In any hotel erected prior to the passage of this act, every additional room oi 
 hallway that is hereafter constructed or created may be of the same height as the othei 
 rooms or hallways on the same story of such hotel. 
 
 Windows, courts, etc., in hotels already erected. 
 
 § 64. Every room in a hotel erected prior to the passage of this act shall, if the saic 
 room be hereafter occupied for living or sleeping purposes, have a window of an area 
 not less than eight square feet, opening directly upon a street, a yard, a court or upon 
 a vent shaft not less than twenty-five square feet in area, which vent shaft shall in no 
 part be less than four feet wide and open and unobstructed, without roof or skylight 
 over same; except that if such room be located on the top floor of the building, such 
 room may be ventilated by a skylight with fixed louvres directly to the outer air, or 
 may have a window opening upon a vent shaft not less than ten square feet in area, if 
 
 Gen. Laws — 67
 
 Act 202G, §§ 65-07 
 
 GKNE^RAL. LAW'S. 
 
 1058 
 
 such window from the room be not more than three feet below the top of the wall of 
 such vent shaft. 
 
 Every public hallway in every hotel erected prior to the passage of this act, which 
 does not conform to the provisions for public hallways in buildings hereafter erected, 
 shall be provided with light and ventilation to the outer air. Such light and ventilation 
 shall be provided by the placing of windows or skj'lights, or by making such alterations 
 as in the judgment of the housing department may be deemed necessary to accomplish 
 the result. 
 
 Kitchen. 
 
 ^ 65. Food shall not be cooked or prepared in any room except in a kitchen designed 
 for that purpose. Floors of kitchens and rooms in which food is stored shall be made 
 impervious to rats by a layer of concrete not less than one and one-half inches thick or 
 by a layer of sheet tin or iron or similar material. 
 
 Sleeping in cellar, etc. Floor space for each, occupant. 
 
 It shall be unlawful for any person to live or sleep, or permit or suffer any person to 
 live or sleep, in any cellar, bath, shower or slop-sink room, water-closet compartment, 
 hallway, closet, kitchen, recess from a room, or dressroom, except when such recess from 
 a room, or dressing room has at least ninety square feet of superficial floor area and 
 complies with every requirement of this act for rooms, or in any other place in such 
 building which in the judgment of the department charged with the enforcement of 
 this act, would be dangerous or prejudicial to life or health by reason of want of light, 
 windows, ventilation, drainage or on account of dampness, offensive, obnoxious or poi- 
 sonous odors, or in any room that shall be so overcrowded as to afford less than the 
 following floor space for each occupant, in accordance with the age of said occupant : 
 
 Number of persons over 12 years of age 
 
 1 or 
 
 2 or 
 
 3 or 
 
 4 or 
 
 5 or 
 1 or 
 
 Number of 
 
 persons under 
 
 12 years of 
 
 age 
 
 Superficial 
 
 floor area 
 
 required 
 
 60 square 
 120 square 
 180 square 
 240 square 
 300 square 
 360 square 
 
 feet 
 feet 
 feet 
 feet 
 feet 
 feet 
 
 Additional floor area in the same ratio shall be provided for additional persons. 
 
 Lighting of hallway, etc. 
 
 ^ 66. In every hotel there shall be installed and kept burning from sunrise to sunset 
 throughout the year artificial light sufficient in volume to properly illuminate every 
 public hallway, stairway, fire escape egress, elevator, passageway, public water-closet 
 compartment, or toilet room, whenever there is insufficient natural light to permit a 
 person to read in any part thereof. 
 
 In every hotel there shall be installed and kept burning from sunset to sunrise 
 throughout the year artificial light sufficient in volume to properly illuminate every 
 public hallway, stairway, fire escape egress, elevator, public water-closet compartment, 
 or toilet room and exterior passageway on the lot. 
 
 Light-colored material on walL 
 
 ^ 67. The walls and ceilings of every sleeping room in every hotel shall, except when 
 there is sufficient natural light to permit a person to read in any part thereof during 
 daytime, be calcimined or painted or papered with a light-colored material,' and such 
 
 il
 
 »059 HOTELS. Act 2026, §§ 68-72 
 
 calcimine, paint or paper, as the case may be, shall be renewed as often as is necessary 
 to maintain the same of a light color and clean and free from vermin. 
 
 The walls of courts and shafts, unless built of light-colored materials, shall be painted 
 of a light color or whitewashed, and such painting or whitewashing shall be renewed as 
 often as is necessary to maintain the same of a light color. 
 
 Kepapering. 
 
 $ 68. No wall, partition or ceiling of any room in any hotel shall be repapered, ealci- 
 mined, or have any other covering placed thereupon unless the old wall paper or other 
 covering shall have first been removed therefrom, and the said wall, partition or ceiling 
 cleaned, disinfected and freed from bugs, insects or vermin. 
 
 Repairs. 
 
 § 69. Every hotel shall be maintained in good repair. The roofs shall be kept water- 
 proof and all storm or casual water properly drained and conveyed therefrom to the 
 street sewer, storm drain or street gutter. 
 
 All portions of the lot about such hotel, including the yards, courts, areaways, vent 
 shafts and passageways, shall be properly graded and drained ; and whenever the depart- 
 ment charged with the enforcement of this act deems it necessary for the protection of 
 the health of the occupants of such building, or for the proper sanitation of the prem- 
 ises, it may require that the said lot, yards, courts, areaways, vent shafts and passage- 
 ways be graveled or properly paved and surfaced with concrete, asphalt or similar 
 materials. 
 
 Metal mosquito screening. 
 
 5 70. There shall be provided, whenever it is deemed necessary for the health of the 
 occupants of any hotel or for the proper sanitation or cleanliness of any such building, 
 metal mosquito screening of at least sixteen mesh, set in tight-fitting removable sash, 
 for each exterior door, window or other opening in the exterior walls of the building. 
 
 Garbage cans. 
 
 4 71. In every hotel there shall be provided such number of tight metal receptacles 
 with close-fitting metal covers for garbage, refuse, ashes and rubbish as may be deemed 
 necessary by the department charged with the enforcement of this act, or in lieu of such 
 metal receptacles there may be constructed a garbage chute or shaft approved by the 
 housing department. Each of said receptacles, chutes or shafts shall be kept in a clean 
 condition by the person in charge or in control of the building. 
 
 Rooms, etc., to be kept clean. 
 
 $ 72. Every room, hallway, passageway, stairway, wall, partition, ceiling, floor, sky- 
 light, glass window, door, carpet, rug, matting, window curtain, water-closet compart- 
 ment or room, toilet room, ba, .com, slop-sink or washroom, plumbing fixture, drain, 
 roof, closet, cellar, or basement in any hotel or on the lot, yard, court or any of the 
 premises thereof, shall be kept in every part clean and sanitary and free from all accu- 
 mulation of debris, filth, rubbish, garbage or other offensive matter. 
 
 Swill, etc., not to be deposited in plumbing fixtures. 
 
 No person shall, or cause or permit any person to deposit any swill, garbage, bottles, 
 ashes, cans or other improper substance in any water-closet, sink, slop-hopper, bathtub, 
 shower, catch-basin, or in any plumbing fixture connection or drain therefrom ; or other- 
 wise to obstruct the same; or to place or cause or permit to be placed any filth, urine or 
 other foul matter in any place other than the place provided for same; or to keep or 
 cause or permit to be kept any urine or filth or foul matter in any room in any hotel, 
 or in or about the said building or premises thereof, for such length of time as to create 
 a nuisance.
 
 An ::o-.>0. ilS 73-7T Cn.MORAI. I.AWS. fOM 
 
 Beds kept clean. 
 
 ^ 73. In every hotel, every part of every bed, inoludini? the mattress, sheets, blankets 
 and bedding, shall be kept in a clean, dry and sanitary* condition, free from tilth, urine 
 or other foul matter, in or upon the same; and free from ihe infection of lice, bedbug^s 
 or other insects. No roller or public towel shall be pennilted. Bed liuen shall be 
 changed at least as often as a new guest occupies the bed. 
 
 Dangerous articles not to be kept, 
 
 ^ 74. In no hotel, or any part theroof, or in the lot, yard, court or any portion thereof, 
 shall there be kept, stored or handled any article dangerous or detrimental to life or to 
 the health of the occupants thereof; nor shall there be stored, kept, or handled any 
 feed, hay, straw, excelsior, cotton, paper stock, rags or junk, except upon a written per- 
 mit so to do, obtained from the fire commissioner or other department authorized to 
 issue such permit. Every such ]iermit shall be deemed to be a public record, made in 
 duplicate and a copy thereof shall remain on Hie in the olUce of the tire commissioner 
 or department issuing same. 
 
 Animals not to be kept. 
 
 ^ 75. No horse, cow, calf, swine, sheep, goat, rabbit, mule or other animal, chicken, 
 pigeon, goose, duck or other poultry shall be kept in a hotel, or any part thereof; nor 
 shall any such animal or poultry, nor shall any stable be kept or maintained on the 
 same lot, yard, court or premises of a hotel, or within twenty feet of any window or 
 door of such building. 
 
 No hotel shall be connected with or have any door, window or transom opening to 
 any part of a building wherein paint or oil are stored or kept for the purpose of sale 
 or otherwise. 
 
 Housekeeper in charge. 
 
 ^ 76. In every hotel in which there are eight or more guest rooms and in which the 
 owner does not live, there shall be a janitor, housekeeper or other responsible person, 
 who shall reside in such hotel or on the same lot or premises thereof and have charge 
 of same. 
 
 Action to abate nuisance. Authority to execute order. . 
 
 ^ 77. In case any hotel, or any i)art thereof, is constructed, altered, converted or 
 maintained in violation of any provisions of this act or of any order or notice of the 
 department charged with its enforcement, or in ca.se a nuisance exists in any such hotel 
 or building or structure or upon the lot on which it is situated, said department may 
 institute any appropriate action or proceeding to prevent such unlawful construction, 
 alteration, conversion or maintenance, to restrain, correct or abate such violation or 
 nuisance, to prevent the occupation of said hotel, building or structure, to prevent any 
 illegal act, conduct of business in or about such hotel or lot. In any such action or pro- 
 ceeding said department may, by afTidavit setting forth the facts, apply to the superior 
 court, or to any judge thereof, for an order granting the relief for which said action or 
 proceeding is brought, or for an order enjoining all persons from doing or permitting 
 to be done any work in or about such hotel, building, structure or lot, or from occupying 
 or using the same for any purpose, until the entry of final judgment or order. In caa^- 
 any notice or order issued by said department is not complied with, said department 
 may apply to the superior court, or to any judge thereof, for an order authorizing said 
 department to execute and carrj' out the provisions of said notice or order, to remove 
 any violation specified in said order or notice, or to abate any nuisance in or about such 
 hotel, building or structure, or the lot upon which it is situated. The court, or any 
 judge thereof, is hereby authorized to make any order specified in this section. In no
 
 1061 HOTBLS. Act 2026, §g 7S-81 
 
 case shall the said department or any officer thereof or the municipal corporation be 
 liable for costs in any action or proceeding that may be commenced in pursuance of 
 this act. 
 
 Pine a lien. 
 
 5 78. Every fine imposed by judgment under section six of this act upon a hotel 
 owner shall be a lien upon the house in relation to which the fine is imposed, from the 
 time of the filing of a certified copy of said judgment in the office of the recorder of 
 the county in which said hotel is situated, subject only to taxes and assessments and 
 water rates, and to such mortgage and mechanics' liens as may exist thereon prior to 
 such filing; and it shall be the duty of the department charged with the enforcement 
 of the provisions of this act, upon the entry of such judgment, to file forthwith the copy 
 as aforesaid, and such copy upon filing shall be forthwith indexed by the recorder in 
 the index of mechanics' liens. 
 
 Notice of pendency of action. 
 
 § 79. In any action or proceeding instituted by the department charged with the 
 enforcement of this act, the plaintiff or petitioner may file, in the county recorder's 
 office of the county where the property affected by such action or proceeding is situated, 
 a notice of the pendency of such action or proceeding. Said notice may be filed at the 
 time of the commencement of the action or proceeding, or at any time afterwards before 
 final judgment or order, or at any time after the service of any notice or order issued 
 by said department. Such notice shall have the same force and effect as the notice of 
 pendency of action provided for in the Code of Civil Procedure. Each county recorder 
 with whom such notice is filed shall record it and shall index it in the name of each 
 person specified in a direction subscribed by an officer of the department instituting 
 such action or proceeding. Anj^ such notice may be vacated upon the order of a judge 
 of the court in which such action or proceeding was instituted or is pending. The 
 recorder of the county where such notice is filed is hereby directed to mark such notice 
 and any record or docket thereof as canceled of record, upon the presentation and filing 
 of a certified copy of such order. 
 
 Name of owner, etc., filed. 
 
 § 80. Every owner of a hotel and every lessee or other person having control of a 
 hotel, shall file in the housing department a notice, containing his name and address, and 
 also a description of the property, by street and number and othenvise, as the case may 
 be, in such manner as will enable the department charged with the enforcement of this 
 act easily to find the same; and also the number of rooms in the building. In ease of a 
 transfer of any hotel, it shall be the duty of the grantee of said hotel to file in the hous- 
 ing department a notice of such transfer, stating the name of the new owner, within 
 thirty days after such transfer. In case of the devolution of the said property by will, 
 it shall be the duty of the executor and the devisee, if more than twenty-one years of 
 age, and in case of devolution of such property by inheritance without a will, it shall 
 be the duty of the heirs, or in case all the heirs are under age, it shall be the duty of 
 the administrator of the deceased owner of said property, to file in said department a 
 notice, stating the death of said owner and the names of those who have succeeded to 
 his interests, within thirty days after the death of the decedent, in case he died intestate, 
 and within thirty days after the probate of his will if he died testate. 
 
 Name of agent filed, 
 
 § 81. Every owner, agent or lessee of a hotel shall file in the housing department a 
 notice containing the name and address of such agent of such house, for the purpose of 
 receiving service of process, and also a description of the property, by street and number
 
 i 
 
 Act 202fi. g§ 82-85 GENERAL LAWS. 1062 
 
 or otherwise, as the case may be, in such manner as will enable the department charged 
 with the enforcement of this act easily to find the same. The name of the owner or 
 lessee may be filed as agent for this purpose. 
 
 Index of names. 
 
 S^ 82. The names and addresses filed in accordance -with sections seventy-nine and 
 eighty shall be indexed by the housing department in such a manner that all of those 
 filed in relation to each hotel shall be together and readily ascertainable. Said indices 
 shall be public records, open to public inspection during business hours. 
 
 Time of service. 
 
 § 83. Every notice or order in relation to a hotel shall be served five days before the 
 time for doing the thing in relation to which it shall have been issued. 
 
 Manner of service. 
 
 § 84. In any action brought by any department charged with the enforcement of this 
 act in relation to a hotel for injunction, vacation of the premises or other abatement or 
 nuisance, or to establish a lien thereon, it shall be suffieient service of summons to serve 
 the same as notices and orders are served under the provisions of the Code of Civil 
 Procedure. 
 
 Minimum requirements. Supplementary. 
 
 § 85. The provisions of this act shall be held to be the minimum requirements 
 adopted for the protection, the health and the safety of the community, and for the 
 protection, the health and the safety of the occupants of hotels. Nothing in this act 
 contained shall be construed as prohibiting the local legislative body of any incorpo- 
 rated town, incorporated city, incorporated city and county, or county, from enacting 
 from time to time, supplementary ordinances or laws imposing further restrictions, or 
 providing for fees to be charged for permits, certificates or other papers required by 
 this act; but no ordinance, law, regulation or ruling of any municipal department, 
 authority, ofiicer or officers, shall repeal, amend, modify or dispense with any of the 
 provisions of this act. 
 
 Repealed. 
 
 All statutes of the state and all ordinances of incorporated towns, incorporated cities, 
 incorporated cities and counties, and counties, as far as inconsistent with the provisions 
 of this act, are hereby repealed; provided, that nothing in this act contained shall be 
 construed as repealing or abrogating any present ordinance or law of any incorporated 
 town, incorporated city, incorporated city and county, or county, in the state which 
 further restricts the percentage of the lot to be covered by a hotel, the number of 
 stories or height of such hotel or number of rooms therein, the occupation thereof, the 
 materials to be used in its construction, or increasing the size of the yards or courts, 
 the floor space to each person occupying a room, the requirements as to sanitation, 
 ventilation, light and protection against fire. 
 
 Powers of cities not abrogated. 
 
 Nothing in this act contained shall be construed as abrogating, diminishing, mini- 
 mizing or denying the power of any incorporated town, incorporated city, incorporated 
 city and county, or county, by ordinance or law, to further restrict the percentage of 
 the lot to be covered by a hotel within said municipality, the number of stories or height 
 of such hotel or number of rooms therein, the occupation thereof, the materials to be 
 used in its construction, or increasing the size of the yards or courts, the floor space to 
 each person occupying a room, the requirements as to sanitation, ventilation, light and 
 protection against fire. 
 
 I
 
 1063 HOTELS. Act 2028. §§ 1-3 
 
 C onstitntionality. 
 
 § 86. If any section, subsection, sentence, clause or phrase of this act is for any rea- 
 son held to be unconstitutional, such decision shall not affect the validity of the remain- 
 ing portions of this act. The legislature hereby declares that it would have passed this 
 act, and each section, subsection, sentence, clause, and phrase thereof, irrespective of 
 the fact that any one or more sections, subsections, sentences, clauses, or phrases be 
 declared unconstitutionaL 
 
 In effect when. 
 
 $ 87. This act shall take effect and be in force from and after September 1, 1917. 
 
 Repealed. 
 
 $ 88. "An act to regulate the building and occupancy of hotels and lodging houses 
 in incorporated towns, incorporated cities, and cities and counties, and to provide penal- 
 ties for the violation thereof, ' ' approved June 16, 1913, statutes of California of 1913, 
 page 1429, and all acts amending said act, are hereby repealed. 
 
 HOTEL ACT OF 1917. 
 ACT 2028 — An act relating to hotels, defining the same, providing regulations in con- 
 nection therewith, providing for the sanitation of the rooms of such hotels, providing 
 for the sanitary method and manner of keeping, handling and using bedclothes or bed- 
 covering in such hotels, providing for its enforcement by the state board of health 
 and local health officers, prescribing a penalty for the violation of the provisions 
 hereof; and repealing an act entitled "An act relating to hotels, defining the same, 
 providing regulations in connection therewith, providing for the sanitation of the 
 rooms of such hotels, providing for the sanitary method and manner of keeping, 
 handling and using bedclothes or bedcovering in such hotels, repealing all acts or 
 parts of acts in conflict with this act, providing for its enforcement by the state board 
 of health, and providing a penalty for the violation of any of its provisions," ap- 
 proved April 26, 1915. 
 
 History: Approved May 11, 1917. In effect July 27, 1917. Stats. 
 1917, p. 432. Prior act of April 26, 1915, Stats, 1915, p. 213, repealed 
 by the present act. 
 
 Hotel defined. 
 
 5 1. Every building or structure, kept as, used as, maintained as, or advertised as, or 
 held out to the public to be, a place where sleeping or rooming accommodations are fur- 
 nished to the public, or any part of the public, whether with or without meals, shall, 
 for the purpose of this act, be deemed to be a hotel, and whenever the word "hotel" 
 shall occur in this act, it shall be deemed to include lodging house and rooming house. 
 
 Clean bedding, etc. 
 
 ^ 2. All bedding, bedclothes, or bedcovering, including mattresses, quilts, blankets, 
 sheets, pillows or comforters, used in any hotel in this state must be kept clean and free 
 from all filth or dirt; provided, that no bedding, bedclothes or bedcovering, including 
 mattresses, quilts, blankets, sheets, pillows or comforters, shall be used which is worn 
 out or unfit for use by human beings according to the true intent and meaning of 
 this act. 
 
 Infected rooms fumigated. 
 
 ^ 3. Any room in any hotel in this state which is or shall be infested with vermin 
 or bedbugs or similar things, shall be thoroughly fumigated, disinfected and renovated 
 Until such vermin or bedbugs or other similar things are entirely extenninated.
 
 Alt :io::s, e§ 4-11 cbkkral laws. io«4 
 
 Clean rooms. 
 
 ^ 4. Every room in any hotel in this state used for sleeping purposes, must be kept 
 free from any and every kind of dirt or filth of -whatsoever nature, and the walls, 
 floors, ceilings and doors of every such room shall be kept free from dirt. 
 
 Ventilation devices. 
 
 § 5. Every room in any hotel, used for sleeping purposes, shall have devices, such as 
 a window or transom, so constructed as to allow for proper and a sufficient amount of 
 ventilation in each such room. 
 
 Size of sheets. . 
 
 § 6. Every bed, for the accommodation of any person or persons or guests, kept or 
 used in any hotel in this state, must be provided with a sufficient supply of clean bed- 
 ding and must be provided with sheets at least eighty-one inches wide and ninety-eight 
 inches long; provided, however, that on every single bed there shall be sheets at least 
 fifty inches wide and ninety-eight inches long. Every bed shall be supplied with clean 
 sheets and pillow slips as often as assigned to a different person. 
 
 Individual towels. 
 
 ^ 7. Every hotel, within this state, having a public washstand or washbowl, where 
 different persons gather to wash themselves, must keep a sufficient supply of clean indi- 
 vidual towels for the use of such persons within easy access of or to such persons and 
 in plain sight and view. 
 
 Penalty for violation. 
 
 $ 8. Every owner, manager, lessee or other person in charge of any hotel in this 
 state who shall fail to comply with this act whether through the acts of his agents or 
 employees, or otherwise, shall be guilty of a misdemeanor and upon conviction shall be 
 fined not more than two hundred dollars or shall be imprisoned for not more than three 
 months; and every day that any hotel shall be kept in violation of any of the provisions 
 of this act such keeping shall constitute a separate offense. 
 
 Enforcement. 
 
 ^ 9. It shall be the duty of the state board of health and local health officers to 
 enforce the provisions of this act. 
 
 Other than hotels. 
 
 § 10. Nothing in this act shall be construed to include cots or bunks where the same 
 are used in places other than in hotels. 
 
 Stats. 1915, p. 213, repealed. 
 
 $ 11. An act of the legislature entitled "An act relating to hotels, defining the same, 
 providing regulations in connection therewith, providing for the sanitation of the 
 rooms of such hotels, providing for the sanitary method and manner of keeping, hand- 
 ling and using bedclothes or bedcovering in such hotels, repealing all acts or parts of 
 acts in conflict with this act, providing for its enforcement by the state board of health, 
 and providing a penalty for the violation of any of its provisions, ' ' approved April 26, 
 1915, is hereby repealed. 
 
 1
 
 1065 HOURS OF LABOR. Act 2034. 3 1 
 
 CHAPTER 153. 
 
 HOURS OF LABOR. 
 
 References: See, generally, tits. "Infants"; "Master and Servant"; "Municipal Corpo- 
 rations"; "Pharmacy." Also Kerr's Cyc. Political Code, §§3244, et seq.; Kerr'a 
 Cyc. Penal Code, §§ 651, 653c. 
 
 CONTENTS OF CHAPTER. 
 ACT 2034. Women's Eight-Hour Law. 
 
 WOMEN'S EIGHT-HOUR LAW. 
 ACT 2034 — An act limiting the hours of lahor of females employed in any manufac- 
 turing, mechanical or mercantile establishment, laundry, hotel, or restaurant, or 
 telegraph or telephone estahlishment or office, or by any express or transportation 
 company; compelling each employer in any manufacturing, mechanical, or mercantile 
 establishment, laundry, hotel or restaurant, or other establishment employing any 
 m female to provide suitable seats for all female employees and to permit them to use 
 
 ■f such seats when they are not engaged in the active duties of their employment; and 
 
 providing a penalty for failure, neglect or re.fusal of the employer to comply with the 
 provisions of this act, and for permitting or suffering any overseer, superintendent, 
 foreman or other agent of any such employer to violate the provisions of this act. 
 
 History: Approved March 22, 1911, Stats. 1911, p. 437. Amended 
 (1) June 12, 1913, in effect August 10, 1913, Stats. 1913, p. 713; (2) 
 May 23, 1917, in effect July 27, 1917, Stats. 1917, p. 829; May 10, 1919, 
 in effect July 22, 1919, Stats. 1919, p. 394. The amendment of 1913 
 was of the entire act except the title. 
 
 Females not to work more than eight hours per day. Employment in more than one 
 
 establishment. Not applicable to nurses, fruit canning, etc. 
 
 ^ 1. No female shall be employed in any manufacturing, mechanical or mercantile 
 establishment, laundry, hotel, public lodging house, apartment house, hospital, place of 
 amusement, or restaurant, or telegraph or telephone establishment or office, or in the 
 operation of elevators in office buildings or by any express or transportation company in 
 this state more than eight hours during any one day of twenty-four hours or more than 
 forty-eight hours in one week. It shall be unlawful for any employer of labor to 
 employ, cause to be employed or permit any female employee to labor any number of 
 hours whatever, with knowledge that such female has heretofore been employed within 
 the same date and day of twenty-four hours in any establishment and by any previous 
 employer, for a period of time that will, combined with the period of time of emiDloy- 
 ment by a previous employer exceed eight hours; provided, that this shall not prevent 
 the employment of any female in more than one establishment where the total number 
 of hours worked by said employee does not exceed eight hours in any one day of twenty- 
 four hours. If any female shall be employed in more than one such place, the total 
 number of hours of such employment shall not exceed eight hours during any one day 
 of twenty-four hours or forty-eight hours in one week. The hours of work may be so 
 arranged as to permit the employment of females at any time so that they shall not work 
 more than eight hours during the twenty-four hours of one day, or forty-eight hours 
 during any one week; provided, further, that the provisions of this section in relation 
 
 I to hours of employment shall not apply to or affect graduate nurses in hospitals, nor 
 the harvesting, curing, canning or drying of any variety of perishable fruit, fish or 
 vegetable during such periods as may be necessary to harvest, cure, can or dry said 
 fruit, fish or vegetable in order to save the same from spoiling. [Amendment of May 10, 
 1919. In effect July 22, 1919. Stats. 1919, p. 394.] 
 This section was also amended May 23, 1917, Stats. 1917, p. 829. 
 I
 
 A«-t ::(i:ii, «g a-4 
 
 GE^NERAL LAWS. 
 
 1066 
 
 Seats for female employees. 
 
 § 2. Every employer in any manufacturing, meclianical or mercantile establishment, 
 laundry, hotel, or restaurant, or other establishment employing any female, shall pro- 
 vide suitable seats for all female employees, and shall permit them to use such seats 
 when they are not engaged in the active duties of their employment. 
 
 Enforcement of act. 
 
 § 3. The bureau of labor statistics shall enforce the provisions of this act. The 
 commissioner, his deputies and agents, shall have all powers and authority of sheriffs 
 or other peace officers, to make arrests for violations of the provisions of this act, and 
 to serve all processes and notices thereunder throughout the state. 
 
 This title of the amending act of 1919 recites an amendment of this section, but no such 
 amendment appears in the body of the act. 
 
 Penalty. Disposition of fines. 
 
 § 4. Any employer who shall permit or require any female to work in any of the 
 places mentioned in section one more than the number of hours provided for in this 
 act during any day of twenty-four hours, or who shall fail, neglect, or refuse to so 
 arrange the work of females in his employ so that they shall not work more than the 
 number of hours provided for in this actT during any day of twenty-four hours, or who 
 shall fail, neglect, or refuse to provide suitable seats as provided in section two of 
 this act, or who shall permit or suffer any overseer, superintendent, foreman, or other 
 agent of any such employer to violate any of the provisions of this act, shall be guilty 
 of a misdemeanor, and upon conviction thereof shall be punished for a first offense, 
 by a fine of not less than twenty-five dollars nor more than fifty dollars; for a second 
 offense, by a fine of not less than one hundred dollars nor more than two hundred and 
 fifty dollars; or by imprisonment for not more than sixty days, or by both such fine 
 and imprisonment. All fines imposed and collected under the provisions of this act 
 shall be paid into the state treasury and credited to the contingent fund of the bureau 
 of labor statistics. 
 
 1. Constitutionality — Only one suTij<-et em- 
 braced in title.— Only one subject — that of 
 female employment — is embraced in the 
 title of the act. — In re Miller, 162 Cal. 687, 
 700, 124 Pac. 427. 
 
 2. Same — Not nnreasonable as a health 
 regulation. — The limitation of the hours of 
 labor of women in hotels is not unreason- 
 able as a health reg-ulation. — In re Miller, 
 162 Cal. 687, 698, 124 Pac. 427. 
 
 3. Same — Exclusive application to 
 women not unreasonable. — The application 
 of the eight-hour laws exclusively to 
 women is justified on the ground that they 
 are less robust in physical organization 
 and structure than men, that they have 
 the burden of child bearing, and conse- 
 quently, that the health and strength of 
 posterity and of the public in general is 
 presumed to be enhanced by preserving 
 and protecting women from exertion which 
 men might bear without detriment to the 
 general welfare. — In re Miller, 162 Cal. 687, 
 695, 124 Pac. 427. 
 
 4. Same — Xot unreasonable as applied 
 exclusively to women. — Reasonable regu- 
 lations limiting the hours of labor of 
 women are within the scope of legislative 
 action through a state police statute. — Mil- 
 ler V. Wilson, 236 U. S. 373, 59 L. ed. 628, 
 35 Sup. Ct. 342, Li. R. A. 1915F, 829. 
 
 5. Same — Same. — The reasonable exer- 
 tion of the police authority of a state Is 
 not ovierstepped and liberty of contract 
 unduly abridged by a statute prescribing 
 eight hours a day or a maximum of forty- 
 eight hours a week for women. — Miller v. 
 Wilson, 236 U. S. 373, 59 L. ed. 628. 35 Sup. 
 Ct. 342, L. R. A. 1915P, 829. 
 
 6. Same — Does not violate constitutional 
 rights. — The woman's eight-hour law does 
 not constitute a violation of section 18, 
 article XX, or of section 1, article I, or of 
 section 11, article I, or of section 21, article 
 I, or of section 25 of article IV, of the 
 constitution. — In re Miller, 162 Cal. 687, 
 692, 124 Pac. 427. 
 
 7. Same — Certain exemptions not unrea- 
 sonable discrimination. — The exemption of 
 women employed in harvesting, curing, 
 canning or drying perishable fruits or veg- 
 etables is not an improper discrimination, 
 in view of the short period of such employ- 
 ment, the greater necessity, from the stand- 
 point of the general welfare, for facility 
 in obtaining employees to do the work 
 than obtains in ordinary employments in 
 order to avoid loss from the perishable 
 nature of the products preserved. — In re 
 Miller, 162 Cal. 678, 700, 124 Pac. 427. 
 
 9. Same — Women in hotels, exemption 
 of, not unreasonable discrimination. — The
 
 1067 PUMBOLDT BAY. Acts 3031, a053 
 
 California statute of 1911 Is not unconsti- importance to the public that it should not 
 
 tutional as to women employed in hotels, be performed by persons over-fatigued, and 
 
 either as an unwarranted invasion of lib- it is therefore a proper subject for the 
 
 erty of contract, or as a denial of equal legislative control of the hours of labor of 
 
 protection of the law, on the ground of un- women so employed. — Bosley v. McL.aug'h- 
 
 reasonable discrimination because of the lin, 236 U. S. 385, 59 L. Ed. 632, 35 Sup Ct. 
 
 omissions of certain classes of female 345. 
 
 laborers from its operation, or because the 13. Same — Same. — The question of the 
 
 classiflcation is based on the character of necessity of limiting' the hours of labor of 
 
 the employer's business, and not upon the women pharmacists and nurses is a matter 
 
 character of the employees work. — Miller v. for the legislature and not for the courts. 
 
 Wilson, 236 U. S. 373, 59 L. Ed. 628, 35 Sup. — Bosley v. McLaughlin, 236 U. S. 385, 59 
 
 Ct. 342, L. R. A. 1915F, 829; Bosley v. Mc- L. Ed. 632, 35 Sup Ct. 345. 
 
 Laughlin, 236 U. S. 385, 59 L. Ed. 632, 35 14. Same — Pharmacists and student 
 
 Sup. Ct. 345. nurses — Inva.sion of rig-ht of contract. — 
 
 10. Same — Same. — The act of March 22, The restriction of the hours of labor of 
 1911 (437), known as the woman's eight women pharmacists and nurses in hospi- 
 hour law is constitutional so far as it ap- tals to eight hours a day or a maximum 
 plies to women employed in hotels, — In re of forty-eight hours a week is not so pal- 
 Miller, 162 Cal. 687, 692, 124 Pac. 427. pably arbitrary as to be an unconstitu- 
 
 11. Same — Same. — The woman's eight tional invasion of the right of contract. — 
 hour law is not rendered special or dis- Bosley v. McLaughlin, 236 U. S. 385, 59 
 criminating because it is made to apply to L. ed. 632, 35 Sup. Ct. 345. 
 
 women employed in hotels, and not to those 15. Same — Exception of graduate nurses. 
 
 employed in lodging houses. — In re Miller, — The exception of graduate nurses from 
 
 162 Cal. 687, 699, 124 Pac. 427. the operation of the statute is not so 
 
 13. Same — Exemption of pharmacists arbitrary as to render the act unconstitu- 
 
 and student nurses, not unreasonable dis- tional as denying the equal protection of 
 
 crimination. — Pharmacists and student the law. — Bosley v. McLaughlin, 236 U. S. 
 
 nurses perform work of such character and 385, 59 L. ed. 632, 35 Sup. Ct. 345. 
 
 HOUSE OF CORRECTION. 
 See tit. "Preston School of Industry." 
 
 HOUSEBOATS. 
 
 See "Waters." 
 
 HOUSES OF PROSTITUTION. 
 
 See tit. "Prostitution," and Kerr's Cye. Penal Code, $$ 315, 316. 
 
 CHAPTER 154. 
 
 HUMBOLDT BAY. 
 
 References: Depositing sawdust, slabs, etc., in Humboldt Bay, see Kerr's Cye. Penal 
 Code, § 612. 
 Obstructions in cliannels, see Kerr's Cye. Political Code, §§ 2567, et seq. 
 See, generally, tit. "Buoys and Beacons," and Kerr's Cye. Penal Code, §§ 609, 613, 614. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2051. Grant of Tide Lands to U. S. for Purpose of Improving Harbor. Act of 1887. 
 
 2052. Grant of Tide Lands to U. S. for Purpose of Improving Harbor. Act of 1889. 
 
 2053. Purchase op Certain Lands in Humboldt Bay. 
 
 2054. Survey of Humboldt Bay. 
 
 GRANT OF TIDE LANDS TO THE UNITED STATES. ACT OF 1887. 
 ACT 2051 — An act to grant to the United States certain tide lands "belonging to the 
 state of California for the purpose of improving the harbor of Humboldt hay. 
 History: Approved March 9, 1887, Stats. 1887, p. 59. 
 
 GRANT OF TIDE LANDS TO THE UNITED STATES. ACT OF 1889. 
 ACT 2052 — An act to grant to the United States certain tide lands belonging to the 
 state of California, for the purpose of improving the harbor of Humboldt bay. 
 History: Approved March 15, 1S89, Stats. 1889, p. 201.
 
 Acts 2053-2071 GENERAL I-AWS^ 1068 
 
 PURCHASE OF CERTAIN LANDS IN HUMBOLDT BAY. 
 ACT 2053 — An act authorizing the governor and attorney general to purchase for the 
 state certain lands in Humboldt hay. 
 
 History: Approved Rfarch 22, 1899, Stats. 1899, p. 166. 
 
 SURVEY OF HUMBOLDT BAY. 
 ACT 2054 — An act appropriating money to he expended by and under the direction of 
 the department of engineering for the purpose of making a preliminary survey of 
 Humboldt Bay and gathering data for a report to the legislature as to the necessity 
 of dredging and removing sand and other deposits formed across the channels of said 
 bay and as to the best manner of removing said deposits that the navigability of said 
 bay may be improved and making an estimate of the cost thereof. 
 
 History: Approved April 12, 1909, Stats. 1909, p. 841, 
 This act appropriated $2,000 for the purpose indicated. 
 
 CHAPTER 155. 
 
 HUMBOLDT COUNTY. 
 
 References: County boundary, see tit. "County Boundaries," and Kerr's Cyc. Political 
 Code, § 3920. 
 County government, officers, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 Navigable streams, see Kerr's Cyc. Political Code, § 2349. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2062. Additional Superior Judge. 
 
 2063. Challenges to Jurors in Justice's Courts. 
 
 2064. Scaling Logs. ■ 
 
 2071. Disposal of Lots in Towns and Villages on the Public Lands. 
 
 ADDITIONAL SUPERIOR JUDGE. 
 ACT 2062 — An act to provide an additional judge for. 
 
 History: Approved March 8, 1895, Stats. 1895, p. 27. 
 This act increased the number of superior judges from one to two. 
 
 CHALLENGES TO JURORS IN JUSTICE'S COURTS. 
 ACT 2063 — An act in relation to jurors in courts of justice of the peace in Humboldt 
 
 county. 
 
 History: Approved March 3, 1874, Stats. 1873-74, p. 229. 
 
 Superseded in part by fee bill act of 1895, This act related to the grounds of chal- 
 
 Stats. 1895, p. 273. — See Kerr's Cyc. Po- lenge of jurors in civil actions. Compare 
 litical Code, §§ 4230, et seq. Kerrs Cyc. Code Civil Procedure, §§ 600, 
 
 et seq., and 885. 
 
 LOG SCALING. 
 ACT 2064 — An act providing for the scaling of logs in Humboldt county. 
 History: Approved March 30, 1878, Stats. 1877-78, p. 779. 
 
 This act was approved two days after This act provided for the scaling: of logs 
 
 the act passed by the same session of the by the "quarter scale." As to the meaning 
 legislature providing a standard for log of this method of scaling timber, see the 
 scaling. — See Act 2569. court's opinion in Bullock v. Consumer'.s 
 
 Lumber Co., 3 Cal. Unrep. 609, 31 Pac. 367. 
 
 DISPOSAL OF TOWN AND VILLAGE LOTS ON PUBLIC LANDS. 
 
 A.CT 2071 — An act to provide for the disposal of lots in the towns and villages on the 
 
 public lands in the county of Humboldt. 
 
 History: Approved April 27, 1855, Stats. 1855, p. 168. Amended 
 April 3, 1856, Stats. 1856, p. 75; April 24, 1857, Stats. 1857, p. 241; Janu- 
 ary 24, 1860, Stats. 1860, p. 5.
 
 10C9 HUNTING OX PRIVATE GROUNDS. Act 2078 
 
 This act was passed to carry out the such jurisdiction as the legislature is au- 
 
 provisions of and to give effect to the fed- thorized to confer upon such court under 
 
 eral statutes for the benefits of the occu- section 9, article VI of the constitution of 
 
 pants of such towns and villages. — Ricks 1849. — Ricks v. Reed, 19 Cal. 551; Ryan v. 
 
 V. Reed, 19 Cal. 551. Tomlinson, 31 Cal. 11. 
 
 1. Constitutionality. — The legislation Is 3. Trial, a "special case." — The trial of 
 both constitutional and wise and fur- a conflicting claim under this act by the 
 nishes a proper method of giving protection county court is a "special case."— Ricks v. 
 to the rights of bona fide occupants, as Reed, 19 Cal. 551; Ryan v. Tomlinson, 31 
 distinguished from mere trespassers who Cal. 11. 
 
 have temporarily intruded upon the lots.— 4. Ground of jurisdiction. — The action 
 Ricks V. Reed, 19 Cal. 551; Ryan v. Toralin- of the board of trustees only became mate- 
 son, 31 Cal. 11. rial as furnishing authority for the pro- 
 
 2. Jurisdiction ot court not appellate. — ceedings before the county court. — Ricks 
 The jurisdiction of conflicting claims un- v. Reed, 19 Cal. 551; Ryan v. Tomlinson, 31 
 der the act conferred upon the county Cal. 11. 
 
 court is not appelate but original, and is 
 
 CHAPTER 156. 
 
 HUNTING ON PRIVATE GROUNDS. 
 
 References: Hunting on enclosed land, see Kerr's Cyc. Penal Code, §§ 384c, 602, 627. 
 Tearing down "No liunting" signs, see Kerr's Cyc. Penal Code, § 602, 627. 
 See, generally, tits. "Fences"; "Trespass." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2078. Hunting and Shooting Upon Private Grounds. 
 
 HUNTING AND SHOOTING ON PRIVATE GROUNDS. 
 
 ACT 2078 — An act to prevent hunting and shooting on private inclosed grounds, and 
 
 the destruction of growing timber on private grounds in certain counties in this state. 
 
 History: Approved March 8, 1872, Stats. 1871-72, p. 304. Amended 
 March 30, 1874, Stats. 1873-74, p. 792. 
 
 Partly codified by § 602, Penal Code. apply to Alameda, San Mateo, Marin, San 
 
 This act applied to Alameda, San Mateo, Bernardino, San Diego, Colusa, Sacramento, 
 
 Marin, San Bernardino, San Diego, Colusa, Sonoma, Nevada, Humboldt, Los Angeles, 
 
 Sacramento, Sonoma, Nevada, Humboldt, Santa Barbara, Contra Costa, San Luis 
 
 Los Angeles, Santa Barbara, Contra Costa, Obispo, and Mendocino counties, 
 
 and San Luis Obispo counties. It was See Act 1499. 
 amended in 1873-74, p. 792, so as to make it 
 
 HUNTINGTON BEACH. 
 
 See Act 3094, note. 
 
 HUNTINGTON PARK. 
 
 See Act 3094, note. 
 
 HUSBAND AND WIFE. 
 
 See Ken-'s Cyc. Civil Code, §^ 159, et seq. 
 
 ICE CREAM. 
 
 See tit. "Dairies." 
 
 CHAPTER 157. 
 
 IMMIGRATION. 
 
 References: Immigration laws, violation of, see Kerr's Cyc. Penal Code, §§ 174, 175. 
 Immigration regulations, see Kerr's Cyc. Political Code, §§ 2949, et seq. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2089. Immigration of Persons Incompetent to Become CiTizENaii 
 
 2090. Immigration and Housing Act of 1913. 
 
 2091. Immigrant Disembarking Zones.
 
 A.Cta 2080, 2000. S§ 1-4 GIDNCRAL LAWS. 1070 
 
 IMMIGRATION OF PERSONS INCOMPETENT TO BECOME CITIZENS. 
 ACT 2089 — An act to discourage the immigration to this state of persons who can not 
 become citizens. 
 
 History: Approved April 28, 1855, Stats. 1855, p. 194. 
 
 This act Imposed a fine of fifty dollars on every immigrant incompetent to become a 
 citizen. It was declared unconstitutional in People v. Downer, 7 Cal. 169. 
 
 IMMIGRATION AND HOUSING ACT OF 1913. 
 ACT 2090 — An act relating to immigrants and immigration, creating a commission of 
 immigration and housing, providing for the employment by said commission of a 
 secretary, agents and other employees, authorizing said commission to fix their com- 
 pensation, prescribing the duties of said commission, providing for the investigation 
 by said commission of all things affecting immigrants, and for the care, protection 
 and welfare of immigrants, and making an appropriation for the purpose of carrying 
 out the provisions hereof. 
 
 History: Approved June 12, 1913. In effect August 10, 1913. Stats. 
 1913, p. 608. Amended (1) May 26, 1915, in effect August 8, 1915, Stats. 
 1915, p. 848; (2) May 31, 1917, in effect July 30, 1917, Stats. 1917, 
 p. 1514. 
 
 Commissioners of immigration and housing. 
 
 § 1. Within thirty days after this act shall go into effect, the governor of the state 
 shall appoint five suitable persons to act as commissioners of immigration and housing. 
 Said commissioners shall hold oflSce and serve solely at the pleasure of the governor and 
 not otherwise. 
 
 Compensation. 
 
 § 2. Said commissioners shall serve without compensation, but shall be entitled to 
 receive from the state their actual necessary expenses while traveling on the business 
 of the commission, either within or without the state of California. 
 
 Organization of commission, seal, quorum, etc. Vacancy. Headquarters. 
 
 § 3. The commission shall be known as the "commission of immigration and housing 
 of California." It shall have a seal for the authentication of its orders and proceedings 
 upon which shall be inscribed the words "commission of immigration and housing — 
 California — seal." Each member of the commission, before entering upon the duties 
 of his office, shall take the oath of office as prescribed by the Political Code for state 
 ofScers in general, and must execute an official bond in the sum of five thousand dollars. 
 Within thirty days after appointment, the commission shall meet at the state capitol and 
 organize, selecting a president, a vice-president and a secretary, A majority of the 
 commission shall constitute a quorum for the exercise of the powers or authority con- 
 ferred upon it. Whenever a vacancy occurs in the commission, from any cause whatso- 
 ever, such vacancy shall be filled by the governor, as provided in section one for the 
 original creation of the commission. In case of a vacancy, the remaining members shall 
 exercise all the powers and authority of the commission until such vacancy is filled. 
 The commission shall maintain its headquarters and principal office in the city and 
 county of San Francisco, and may establish branch offices at any place or places which 
 in the judgment of the commission may be deemed advisable. The commission may, 
 however, hold sessions at any place other than its offices when the convenience of the 
 commission and the parties interested so requires. 
 
 Employees. 
 
 ^ 4. For the purpose of carrying out the provisions of this act, the said commissionj 
 is authorized to employ such expert and other emploj'ees as it may deem necessary, and 
 upon such terms and for such compensation as it may deem proper. The said commis-
 
 lOTl IMMIGRATIOIV. Act 209O, §§ 5(, 8 
 
 sion shall have power to enter into contracts of employment with such persons as it may 
 desire to employ for a definite period of time; but no contract shall be made for more 
 than one year. The employees of the commission shall be entitled to receive from the 
 state their actual necessary expenses while traveling on the business of the commission, 
 either within or without the state of California. 
 
 Powers and duties of commission. Employment bureaus. 
 
 $ 5. The commission of immigration and housing shall have the power to make full 
 inquiry, examination and investigation into the condition, welfare and industrial oppor- 
 tunities of all immigrants arriving and being within the state. The commission shall 
 also gather information as to the agricultural possibilities and opportunities for settle- 
 ment on land within the state ; such information to include soil and agricultural surveys 
 of the arable land within the state and other data relating to the price and productivity 
 of land. The commission shall also have power to collect information with respect to 
 the need and demand for labor by the sieveral agricultural, industrial and other produc- 
 tive activities, including public works, within the state; to gather information with 
 respect to the sujDply of labor afforded by such immigrants as they shall from time to 
 time arrive or be within the state; to ascertain the occupations for which such immi- 
 grants shall be best adapted, and to bring about intercommunication between them and 
 the several activities requiring labor which will best promote their respective needs; 
 to investigate and determine the genuineness of any application for labor that may be 
 received and the treatment accorded to those for whom employment shall be secured; 
 to co-operate with the state employment bureaus, municipal employment bureaus, and 
 with private employment agencies within the state, and also with the employment and 
 immigration bureaus conducted under the authority of the federal government or by 
 the government of any other state, and with public and philanthropic agencies designed 
 to aid in the distribution and employment of immigrants; and to devise and carry out 
 such other suitable methods as will tend to prevent or relieve congestion and obviate 
 unemployment; and to collect and publish, in English or foreign languages, for distri- 
 bution among immigrants, in, or embarked for, California, such information as is deemed 
 essential to their protection, distribution, education and welfare; and said commission 
 is hereby empowered and authorized to have printed by the state printer any such 
 reports or information, records or proceedings as it may deem necessary or proper; and 
 if for any reason the state printer is not equipped to do any part of said work, then 
 the said commission shall have the right and the authority to have the same done else- 
 where upon such terms and conditions as it may deem proper. 
 
 Co-operation with federal, etc., authorities. Children of school age. Instruction in 
 
 English. Playgrounds. 
 
 § 6. The commission shall co-operate with the proper authorities and organizations, 
 federal, state, county, municipal and private, with the object in view of bringing to the 
 immigrant the best opportunities for acquiring education and citizenship. To that end 
 it shall procure from, or with the consent of, the federal authorities, complete lists giv- 
 ing the names, ages and destination within the state of all immigrant children of school 
 age, and such other facts as will tend to identify them, and shall forthwith deliver copies 
 of such lists to the superintendent of public instruction or the several boards of educa- 
 tion and school boards in the respective localities within the state to which said chil- 
 dren shall be destined, to aid in the enforcement of the provisions of the education law 
 relative to the compulsory attendance at school of children of school age. The com- 
 mission shall further co-operate with the superintendent of public instruction and with 
 the several boards of education in the state to ascertain the necessity for and the extent 
 to which instruction should be imparted to immigrants within the state and to devise 
 methods for the proper instruction of adult and minor aliens in the English language
 
 Act 2090, §§ 7, 8 GENERAL, L,A\% S. 1072 
 
 and other subjects; and in respect to the duties and rights of citizenship and the funda- 
 mental principles of the American system of government; and shall co-operate with the 
 proper authorities and with private agencies to put into operation practical devices for 
 training for citizenship and for encouraging naturalization. It shall be the aim to com- 
 municate this instruction to the immigrant as soon after his arrival as is practicable. 
 The commission shall co-operate with the proper authorities to extend this education 
 for both children and adults to labor camps and other localities from which the regular 
 schools are not easily accessible. The commission in co-operation with the proper au- 
 thorities and organizations shall encourage the establishment of playgrounds and other 
 recreational activities, and also the establishment of settlements and social centers in 
 cities and towns. 
 
 Inspection of labor camps, etc. Housing conditions. Ticket agents. Aid societies. 
 
 § 7. With the object in view of rendering to the immigrant that protection to which 
 they are entitled, the commission of immigration and housing may inspect all labor 
 camps within the state, and may inspect all employment and contract agencies dealing 
 with immigrants or who secure or negotiate contracts for their employment within the 
 state; may investigate the banking relations that exist between immigrants and 
 laborers; may investigate and inspect institutions established for the temporary shelter 
 and care of immigrants and such philanthropic societies as shall be organized for the 
 purpose of securing employment for or aiding in the distribution of immigrants, and 
 the methods by which they are conducted; and shall investigate housing conditions 
 under which immigrants live, and sanitary and safety conditions under which immi- 
 grants are employed; it shall further investigate conditions prevailing at the various 
 places where immigrants are landed within the state and at the several docks, ferries, 
 railway stations, and on trains and boats therein, and shall investigate any and all 
 complaints with respect to frauds, extortion, incompetency and improper practices by 
 notaries public and other public officials; it shall further investigate the relations exist- 
 ing between immigrants and steamship and railway ticket agents, hotel runners, cab- 
 men, baggage-men, interpreters and pawn-brokers; it shall further investigate the 
 dealings carried on between immigrants and real estate firms or corporations; and as 
 the result of any of the above inspections or investigations, if it should find evidences 
 of fraud, crime, extortion, incompetency, improper practices or exploitation, it shall 
 be the duty of the commission of immigration and housing to present to the proper 
 authorities the evidences for action thereon, and shall bring to bear all the authority 
 within its power to see that justice is rendered. The commission shall also encourage 
 the establishment of legal aid societies. 
 
 Violations of law. Remedial action. Right to enter tenements, etc. 
 
 $ 8. With the further object in view of bringing to the immigrant the best protection 
 the state can afford, it shall be the duty of the commission to call to the attention of 
 the proper authorities any violations it may discover of the laws pertaining to the pay- 
 ment of wages, to the mode of paying, pertaining to the child labor laws, the employ- 
 ment of women, factory inspection laws, weekly day of rest laws, protection of labor 
 under building laws, protection of labor under public works laws, laws relating to the 
 white slave traffic, and laws of the state and county and municipal health departments ; 
 the tenement house laws, and other laws pertaining to housing conditions. The com- 
 mission shall investigate and study the general economic, housing and social conditions 
 of immigrants within the state, for the purpose of inducing remedial action by the vari- 
 ous agencies of the state possessing requisite jurisdiction; and shall generally, in con- 
 junction with existing public and private agencies, consider and devise means to pro- 
 mote the welfare of the state. The members of the commission of immigration and 
 housing or any of their authorized agents shall have the right to enter into tenement
 
 1073 IMMIGRATION. Act 2090, §§ 9-14 
 
 houses, buildings and dwelling places for the purpose of inspecting such houses, build- 
 ings, and dwelling places to secure compliance with state tenement and building acts and 
 municipal building ordinances and to prevent violation thereof, and shall have the right 
 to examine the records of the various city departments charged with the enforcement 
 of the tenement house law and other building I'egulations and to secure from them 
 reports and copies of their records at any time. 
 
 Information from state officials, etc. Evidence may be gathered. 
 
 § 9. The commission shall have the right to demand of all officials, state, county 
 and municipal, and it shall be the duty of said officials to supply, such information and 
 references to records as will enable the commission to carry into effect the provisions 
 and intent of this act; and shall have the right to enter upon private property to make 
 investigation for the purposes of carrying out the provisions of this act. For the 
 purpose of carrying out fully the intent and spirit of this act, the said commission 
 shall have full power and authority to gather any and all such evidence as it may deem 
 proper and necessary in order to present the same to the proper authorities for the 
 purpose of instituting prosecutions against any and all persons, firms or corporations 
 found violating any of the laws of any municipality, county or of the state or of the 
 federal government, concerning any of the matters in this act referred to. 
 
 Hearings. Commission may subpoena witnesses^ 
 
 § 10. For the purpose of carrying out to the fullest extent the provisions hereof, 
 the said commission or any member thereof shall have power to hold hearings for the 
 purpose of investigation or inquiry, and for the purpose of reaching an amicable settle- 
 ment of controversies existing between persons, firms, and corporations mentioned 
 herein; and to this end and purpose, the said commissioners and each of them and such 
 person as may be designated in writing by said commission, are hereby authorized and 
 empowered to subpoena witnesses to appear at such hearings and to administer oaths. 
 No decision shall be termed to be final until ratified and approved by the said com- 
 mission and filed in its office. [Amendment of May 26, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 848.] 
 
 Definitions. 
 
 § 11. For the purposes of this act, the words immigrant and immigfration shall refer 
 to any alien who is within the state, either permanently or temporarily domiciled here, 
 or in transit, or passing through the state to a contiguous state or territory; said 
 words shall further refer to any alien who may first have taken up residence in some 
 other state or in one of the federal territorial possessions, and then shall have removed 
 to this state; said words shall further refer to all aliens coming to and being within 
 the state of California. For the purpose of this act, the word alien shall refer to all, 
 persons who are not native born or who have not received their final citizenship papers 
 under the naturalization laws of the United States. 
 
 Immigration not encouraged. 
 
 § 12. This act shall not be construed to authorize or direct the commission of immi- 
 gration and housing to induce or encourage immigiation into this state or the United 
 States. 
 
 Annual report. 
 
 $ 13. The commission of immigration and housing shall make an annual report to 
 the governor, on the second day of January, of the operation of the commission. 
 
 Appropriation. 
 
 ^ 14. The sum of fifty thousand dollars is hereby appropriated out of any moneys 
 in the state treasury not otherwise appropriated, for the purpose of carrying out the 
 
 Gen. Laws — OS
 
 Act 2091 GENERAL, LAWS. 1074 
 
 provisions of this act; and the state controller is hereby authorized and directed to 
 draw warrants upon such sum, from time to time, upon the requisition of said com- 
 mission, approved by the board of control; and the state treasurer is hereby authorized 
 and directed to pay such warrants. 
 
 Immigration and housing commission to promote city planning. 
 
 $ 15. The commission may make investigations of the housing of immigrants and 
 working people and of city planning in California and elsewhere, may encourage the 
 creation of local city planning commissions and may furnish information as to the 
 progress of other cities for the use of such commissions. It may investigate and report 
 upon defective housing and the evils resulting therefrom and the work being done to 
 remedy the same in California and elsewhere. It may make studies of the operation 
 and enforcement of building and tenement house laws, of housing finances and taxes, 
 of zoning and districting regulations and may promote the formation of organizations 
 intended to increase the supply of wholesome homes for the people, and aid in the 
 enforcement of any laws enacted to promote the purposes for which the commission is 
 established. [New section added May 31, 1917. In effect July 30, 1917. Stats. 1917, 
 p. 1515.] 
 
 Annual report of city planning commissions. Conference. City planners. 
 
 § 16. It shall be the duty of each and every city planning commission or housing 
 commission of any incorporated city or town in the state of California to file on the 
 first day of June of each year with the secretary of the commission of immigration 
 and housing of California a complete report of its transactions and recommendations 
 to any municipal organization or private person or corporation during the previous 
 year, and particularly to report any conflict in authority, lack of co-operation with 
 local municipal authorities or with adjoining cities, with recommendations for needed 
 legislation to properly carry on the development of their housing and city planning 
 work. The commission may annually, or oftener, call a conference of representatives 
 of these commissions, of local health officers, housing inspectors, building inspectors 
 or such other municipal officers as it shall deem advisable to carry out the purposes of 
 this act. The commission may employ city planners and other persons whose salaries, 
 wages and other necessary expenses of the commission will be provided for out of the 
 funds at the disposal of the commission. [New section added May 31, 1917. In effect 
 July 30, 1917. Stats. 1917, p. 1515.] 
 
 Annual report. Information furnished. 
 
 $ 17. The commission may make an annual report on housing and city planning to 
 the governor, which the state printer shall cause to be printed as a public document, 
 and copies of this report shall be filed with each and every local housing and city plan- 
 ning commission in the state of California. The commission is further authorized to 
 furnish information and suggestions from time to time to city governments, housing 
 and city planning commissions and other public, semi-public or private bodies such as 
 may, in its judgment, tend to promote the purposes for which the commission is 
 established. [New section added May 31, 1917. In effect July 30, 1917. Stats. 1917, 
 p. 1515.] 
 
 IMMIGRANT DISEMBARKING ZONES. 
 
 ACT 2091 — An act providing for the establishment by the commission of immigration 
 
 and housing of California of zones or areas on docks where immigrants are landed; 
 
 prescribing the powers and duties of the said commission with regard thereto; and 
 
 providing a penalty for violation of the provisions hereof. 
 
 History: Approved May 29, 1915. In effect August 8, 1915. Stats. 
 1915, p. 926.
 
 1075 • IMPERIAL COUNTY, Act 2093, §§ \, 3 
 
 Areas on docks where immigrants land. 
 
 § 1. At any place within the state where immigrant aliens are landed from ships on 
 land or docks owned and controlled by the state of California the commission of immi- 
 gration and housing of California may establish and mark out or fence off on such land 
 or docks a zone or an area around the spot where said immigrants disembark, into 
 which zone or area no person shall be admitted at times when immigrant aliens are 
 being landed or are about to be landed, without a license or permit from said com- 
 mission, unless he be an ofl&cer or a member of the crew of a vessel landing at such 
 spot or a bona fide passenger on such vessel. 
 
 State may co-operate with U. S.. cities, etc. 
 
 § 2. The commission of immigration and housing of California may also co-operate 
 with the officials of the United States government, or with the officials of any county 
 or city, or with any private person, firm, or corjDoration, in establishing and conducting 
 zones or areas, as provided in section one hereof, on land or docks owned or controlled 
 by the United States, or any such county or city, or by any such private person, firm, or 
 corporation. 
 
 Size of area. 
 
 $ 3. The zone or area mentioned in sections one and two hereof must in no case 
 be larger than is reasonably necessary for the disembarking, assembling and distributing 
 of the passengers landed in such zone or area. 
 
 § 4. Any person who acts in violation of the provisions of this act shall be guilty 
 of a misdemeanor. 
 
 IMPERIAL CITY. 
 
 See Act 3094, note. 
 
 CHAPTER 158. 
 
 IMPERIAL COUNTY. 
 
 References: County boundary, see Kerr's Cyc. Political Code, § 3921. 
 
 County government, officers, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 
 CONTENTS OF CHAPTER. 
 ACT 2093. Additional Superior Judge. 
 
 ACT 2093 — An act to provide one additional judge of the superior court in the comity 
 
 of Imperial. 
 
 History: Approved May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1295. 
 
 § 1. The number of judges of the superior court of the state of California for the 
 county of Imperial is hereby increased from one to two. 
 
 Additional superior judge in Imperial county. 
 
 $ 2. Within thirty days after the taking effect of this act, the governor shall 
 appoint one additional judge of the superior court of the county of Imperial, state of 
 California, who shall hold office until the first Monday after the first day of January, 
 A. D. 1921. At the general election to be held in November, 1920, a judge of the 
 superior court of said county shall be elected in said county, who shall be the succes- 
 sor of the judge appointed hereunder, to hold office for the term prescribed by the 
 constitution and by law.
 
 ActH 2U05-200S GENERAL LAWS. •. 1076 
 
 INCLOSURES. 
 See tits. "Game Laws"; "Hunting on Private Grounds"; "Trespass." 
 
 INDEX. 
 
 Bee tit. "California Statutes, Index to." 
 
 CHAPTER 159. 
 
 INDIANS. 
 
 References: Intoxicating liquors, selling or furnishing to, see Kerr's Cyc. Penal Code, 
 §397. 
 Military duty, not subject to, see Kerr's Cyc. Political Code, § 1895. 
 School attendance of, payment for by federal government, see Kerr's Cyc. Political 
 
 Code, § 1543, subd. 17. 
 Separate schools for, see Kerr's Cyc. Political Co(fe, § 1662. 
 Vagrancy, not punishable for, see Kerr's Cyc. Penal Code, § 647. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2095. Government and Protection of Indians. 
 
 2097. Grant of Lands in Indian Eeservations to the United States, 
 
 2098. Interference With Indian Agekts. 
 
 GOVERNMENT AND PROTECTION OF INDIANS. 
 ACT 2095 — An act for the government and protection of Indians. 
 
 History: Passed April 22, 1850, Stats. 1850, p. 408. Amended (1) 
 April 28, 1855, Stats. 1855, p. 179; (2) April 18, 1860, Stats. 1860, p. 196; 
 (3) April 27, 1863, Stats. 1863, p. 743; (4) April 27, 1863, Stats. 1863, 
 p. 755. 
 
 Some provi-sions of this act were repealed This act was obviously Intended to be 
 
 by later inconsistent statutes: People v. applied to Indians in tribes or when living 
 
 Antonio, 27 Cal. 404. Other provisions were in separate communities or companies, and 
 
 undoubtedly repealed by the codes. It is not to a case where an Indian has been 
 
 probably not in force in any particular. living for years among white men. — People 
 
 (Code commissioners' note). In the ab- v. Antonio, 27 Cal. 104, 
 sence of direct legislation, it is deemed ad- 
 visable to call attention to It. 
 
 GRANT OF LANDS IN INDIAN RESERVATIONS TO THE UNITED STATES. 
 ACT 2097 — An act granting certain lands to the United States. 
 
 History: Approved May 14, 1862, Stats. 1862, p. 552. 
 
 INTERFERENCE WITH INDIAN AGENTS. 
 ACT 2098 — An act to aid officers in the Indian department, appointed "by the genera] 
 government for the state of California, in the discharge of their duties. 
 
 History: Approved April 21, 1856, Stats. 1856, p. 223. Amended 
 April 9, 1857, Stats. 1857, p. 186. 
 
 Code commissioner's note: "The above- Penal Code, that section was intended to 
 named statute is mentioned by the code enumerate every act or omission made pun- 
 commissioners at § 1346 without anything ishable, then this statute must have been 
 to indicate that they suppose it to be re- substantially, If not absolutely, repealed by 
 pealed by any of the codes. If, however, that code." 
 as is indicated by the note to § 6 of the 
 
 INDUSTRIAL ACCIDENT BOARD. 
 
 See tit. "Industrial Accident Commission."
 
 1077 INDLSTRIAL ACCIDENT COMMISSION. Act 2101, §S 1-3 
 
 CHAPTER 160. 
 
 INDUSTRIAL ACCIDENT COMMISSION. 
 
 References: See, generally, tits. "Master and Servant"; "Insurance." 
 
 Workmen's Compensation, insurance and Safety Act, see tit. "Master and Servant," 
 Act 2781. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2101. Abolishing Industrial Accident Board and Conferring Powbrs on Indus- 
 trial Accident Commission. 
 2101a. Establishing and Defining Jurisdiction of Commission Over Certain 
 Utilities. 
 
 2102. "Industrial Accident Fund." 
 
 2103. "Accident Prevention Fund." 
 
 2104. Statistical Information as to Industrial Accidents. 
 
 2105. "State Compensation Insurance Fund" — Appropriation. 
 
 2106. "BoYNTON Act" — "Workmen's Compensation, Insurance and Safety Act" 
 
 OF 1913 — Administrative. 
 2106a. Actions Against Insurance Carriers in Certain Cases. 
 2106b. Protection of Beneficiaries of Workmen's Compensation iNstntANCB 
 
 Policies. 
 
 ABOLISHING INDUSTRIAL ACCIDENT BOARD AND CONFERRING POWERS 
 ON INDUSTRIAL ACCIDENT COMMISSION. 
 
 ACT 2101 — An act to confer upon the industrial accident commission all of the duties, 
 
 liabilities, authority, powers and privileges conferred and imposed hy law upon 
 
 the industrial accident hoard, aholishing the industrial accident board and providing 
 
 for a transfer of its funds to the credit of the industrial accident commission. 
 
 [Approved June 16, 1913. Stats. 1913, p. 950. In effect August 10, 1913.] 
 
 History: Approved June 16, 1913. In effect August 10, 1913. Stats. 
 1913, p. 950. 
 
 Certificate of industrial accident commission. 
 
 § 1. Upon the organization of the industrial accident commission, the commission 
 shall file in the office of the secretary of state its certificate setting forth that the 
 commission has been organized as provided by law. 
 
 To succeed industrial accident board. 
 
 § 2. Upon the filing of the certificate required by section one hereof, the industrial 
 accident commission shall supersede the industrial accident board and all duties, liabili- 
 ties, authority, powers, and privileges conferred and imposed by law upon the indus- 
 trial aco.ident board shall thereupon devolve upon the industrial accident commis- 
 sion and shall thereafter be exercised and performed by the industrial accident com- 
 mission in the same manner and with the same force and effect as if exercised and 
 performed by the industrial accident board, and the said industrial accident board shall 
 thereupon cease to exist. 
 
 Unexpended balances. 
 
 § 3. Upon the filing of the certificate required by section one hereof, all unexpended 
 balances of moneys appropriated by law for the support, maintenance or use of the 
 industrial accident board shall be placed to the credit of the industrial accident com- 
 mission by the state controller and the controller is hereby authorized to draw his 
 warrant from time to time in favor of the industrial accident commission for the amount 
 of such unexpended balance expended under its direction, and the treasurer is hereby 
 authorized and directed to pay the same.
 
 lets 2101a, 2102, g 1 GENERAL, LAWS. 1078 
 
 ESTABLISHING AND DEFINING JURISDICTION OF COMMISSION. 
 ACT 2101a — An act establishing and defining the jurisdiction of the industrial accident 
 commission of the state of California and of the railroad commission of the state of 
 California over the safety of employees of public utilities. 
 
 History: Approved May 9, 1917. In effect July 27, 1917. Stats. 1917» 
 p. 296. 
 
 Jurisdiction of industrial accident commission over safety of employees of public 
 
 utilities. 
 
 $ 1. The industrial accident commission of the state of California is hereby vested 
 with jurisdiction, as provided in the workmen's compensation, insurance and safety 
 act of one thousand nine hundred seventeen, and acts amendatory thereof, subject to 
 the provisions of section three hereof, over the safety of employees of steam railroads 
 employed in shops devoted to the construction or repair of railroad equipment; the 
 safety of employees of electric interurban or street railroads, employed in the genera- 
 tion, transmission or distribution of electric energy, or in shops devoted to the repair 
 of railroad equipment, or in any nonpublic utility operation of such railroads; and the 
 safety of employees of all other public utilities as such utilities are defined in the 
 public utilities act. 
 
 Jurisdiction of railroad commission not affected. 
 
 $ 2. The jurisdiction vested in the industrial accident commission of the state of 
 California by section one hereof shall in no instance, except those affecting exclusively 
 the safety of employees, be construed to impair, diminish or in any way affect the 
 jurisdiction of the railroad commission of the state of California over the construction, 
 reconstruction, replacement, maintenance or operation of the properties of public 
 utilities as defined in the public utilities act, or over any matter affecting the relation- 
 ship between such public utilities and their customers or the general public. 
 
 Power of railroad commission. 
 
 ^ 3. If the industrial accident commission, in the exercise of the authority and 
 jurisdiction conferred by this act, makes or issues any order, decision, ruling or direc- 
 tion, which, in the judgment of the railroad commission, unduly and prejudicially inter- 
 fers with the construction or operation of any public utility affected thereby, or with 
 the public, or with a consumer or other patron of a public utility affected thereby, the 
 railroad commission, of its own motion, or upon application of any utility or person 
 so affected, may suspend, modify, alter, or annul such order, decision, ruling or direc- 
 tion of the industrial accident commission, and the action of the railroad commission 
 in that regard shall supersede and control the order, decision, ruling or direction of 
 the industrial accident commission previously made in the premises. 
 
 Act of April 22, 1911, unaffected. 
 
 § 4. This act shall not be construed to repeal or modify the act entitled *'An act 
 regulating the placing, erection, use and maintenance of electric poles, wires, cables 
 and appliances, and providing the punishment for the violation thereof," approved 
 April 22, 1911, as amended. 
 
 "INDUSTRIAL ACCIDENT FUND." 
 ACT 2102 — An act creating an "industrial accident fund" and appropriating moneys 
 therein. 
 
 History: Approved May 26, 1913. In effect August 10, 1913. Stats. 
 1913, p. 326. 
 
 "Industrial accident fund" created. 
 
 § 1. There is hereby created and established a fund to be known as the "industrial 
 accident fund" into which shall be jiaid all fees collected by the industrial accident 
 
 I
 
 1079 INDVSTRIAl, ACCIDENT COMMISSION. Acts 2103, 2104, §§ 1, 2 
 
 commission and all moneys received by it for transcripts of testimony, certified copies 
 of records and all other moneys received by it and not otherwise provided for, which 
 said fund shall be a revolving fund. 
 
 Appropriation of moneys for use of commission. 
 
 § 2. All moneys which are paid into the state treasury for the credit of said fund 
 are hereby appropriated to be used by the industrial accident commission for its con- 
 tingent expenses, and the controller is hereby directed to draw his warrants on said 
 fund, from time to time, in favor of said commission for the amounts expended under 
 its direction for such purposes, and the treasurer is hereby authorized and directed 
 to pay the same. 
 
 '♦ACCIDENT PREVENTION FUND." 
 
 ACT 2103 — An act appropriating moneys in the "accident prevention fund" for the 
 
 purpose of enforcing and promoting safety in employment and places of employment. 
 
 History: Approved May 26, 1913. In effect August 10, 1913. Stats. 
 1913, p. 325. 
 
 "Accident prevention fund" for enforcing laws. 
 
 $ 1. All monej's which are paid into the state treasury for the credit of the "acci- 
 dent prevention fund" are hereby appropriated to be used by the industrial accident 
 commission for the enforcement of the laws relative to safety in employment and 
 places of employment and for the promotion of such safety, and the controller is 
 hereby directed to draw his warrants on said fund, from time to time, in favor of the 
 industrial accident commission for the amounts expended under its direction for such 
 purposes, and the treasurer is hereby authorized and directed to pay the same. 
 
 See Act 2781, § 51. 
 
 STATISTICS AS TO INDUSTRIAL ACCIDENTS. 
 ACT 2104 — An act imposing additional duties and conferring additional powers upon 
 the industrial accident board, requiring certain statistical information, fixing a 
 penalty for neglect or refusal to give such information to said board on request, 
 requiring said board to report to the governor and authorizing it to give publicity 
 to the results of its researches and investigations and empowering said board to 
 expend in carrying out the requirements of this act a sum not to exceed fifteen 
 thousand dollars out of the funds heretofore appropriated for carrying out the 
 purposes of an act entitled "An act relating to the liability of employers for injuries 
 or death sustained by their employees, providing for compensation for the accidental 
 injury of employees, establishing an industrial accident board, making an appropria- 
 tion therefor, defining its powers and providing for a review of its awards, approved 
 April 8, 1911." 
 
 History: Approved January 2, 1912, Stats. 1912 (ex. sess.), p. 166. 
 
 Collection of statistics in regard to industrial accidents. 
 
 $ 1. It shall be the duty of the industrial accident board to collect and compile 
 statistics in regard to industrial accidents happening in this state resulting in personal 
 injurj' and the cost and probable causes thereof, to investigate methods and devices 
 for the prevention of such accidents, to investigate the comparative merits and relative 
 cost of the various forms of insurance against liability and compensation for personal 
 injuries resulting from industrial accidents. 
 
 Duty of employers and insurance companies to furnish information. Industrial acci- 
 dent board not to divulge information without consent. 
 
 § 2. It shall be the duty of every employer of labor and of persons, firms, associa- 
 tions or corporations insuring against liability of employers for damages or compen-
 
 Act 2104, §§ 3-7 GENERAL LAWS. lOSO 
 
 sation for personal injuries to employees by industrial accidents to furnish to the 
 industrial accident board, upon the written request of a member thereof or an exam- 
 iner appointed thereby, any and all information in his or its possession or under his 
 or its control, pertinent to any of the matters referred to in the preceding section of 
 this act. It shall be unlawful for the said board, or any member thereof, or any 
 examiner appointed thereby, to divulge any information obtained from any employer 
 of labor, or from any person, firm, association or corporation insuring against liability 
 or compensation for industrial accidents, without the written consent of such employer, 
 and of such person, firm, association or corporation; and any member of the said 
 board, or any examiner appointed thereby who violates the provisions of this section 
 of this act, shall be guilty of a misdemeanor, and for each and every such violation 
 shall be, upon conviction thereof, punishable by a fine of not less than ten dollars 
 ($10) or more then one hundred dollars ($100) or by imprisonment for not more than 
 thirty (30) days, or by both such fine and imprisonment; and any information so 
 obtained shall not be used against any such employer, person, firm, association or 
 corporation, in any action brought against such employer, person, firm, association 
 or corporation without the written consent of such employer, person, firm, association 
 or corporation; provided, however, that this section shall not prevent the industrial 
 accident board from making and publishing the results of its investigations and 
 researches as provided in sections 5 and 6 of this act. 
 
 Authority to enter places of employment. 
 
 § 3. Any member of the said board of examiners appointed thereby may, during 
 reasonable business hours, enter any place of employment for the purpose of collecting 
 facts and statistics and examining the provisions made for the safety and welfare of 
 the employees therein. 
 
 Penalty for failure to comply with act. 
 
 § 4. It shall be unlawful for any person, firm, corporation, agent or oflScer of a firm 
 or corporation to fail, neglect or refuse to comply with any of the foregoing provisions 
 of this act. Any person, firm, corporation, agent or officer of a firm or corporation 
 that knowingly violates or omits to comply with any of the provisions of this act, shall 
 be guilty of a misdemeanor for each and every offense and shall 'be, upon conviction 
 thereof, punishable by a fine of not more than ten dollars. 
 
 Report for year 1912. 
 
 $ 5. The industrial accident board shall report the results of its investigations 
 covering the calendar year of 1912 to the governor of the state not later than Feb- 
 ruary 1, 1913. 
 
 Authority to publish statistics. 
 
 § 6. The industrial accident board is authorized and empowered to make public and 
 pu"blish at such times and in such manner as it deems best, the results of its investi- 
 gations and researches together with all such other information in relation to the 
 liability of employers for damages or compensation for personal injuries to their 
 employees as it may deem essential to fully acquaint the people of the state with the 
 present law and its purpose and operation. 
 
 I 
 
 Funds for use of hoard. 
 
 § 7. The industrial accident board is hereby authorized to draw upon and expend 
 for the purposes set forth in this act a sum not in excess of fifteen thousand dollars the 
 same to be paid out of the sum of fifty thousand dollars appropriated for the use of 
 said board under section 29 of an act entitled "An act relating to the liability of 
 employers for injuries or death sustained by their employees, establishing an indus- 
 
 4 
 
 i
 
 1081 INDUSTRIAL, ACCIDENT COMMISSION. Acts 2105. 2106 
 
 trial accident board, making appropriation therefor, defining its powers and providing 
 for a review of its awards, approved April 8, 1911," and the controller is hereby 
 directed to draw his warrants in favor of said board for sums so expended when duly 
 audited and approved by the state board of control, and the treasurer is hereby author- 
 ized and directed to pay the same. 
 
 "STATE COMPENSATION INSURANCE FUND "—APPROPRIATION. 
 ACT 2105 — An act appropriating moneys for the use of the state compensation insur- 
 ance fund. 
 
 History: Approved May 26, 1913. In effect August 10, 1913. Stats. 
 1913, p. 326. 
 
 Appropriation : compensation insurance fund. 
 
 $ 1. The sum of one hundred thousand dollars is hereby appropriated out of any 
 moneys in the state treasury not othei-wise appropriated, to be credited to the "state 
 compensation insurance fund ' ' and to be used by the industrial accident commission in 
 the manner authorized by law for the use of said fund. 
 
 Transfer to state compensation insurance fund. 
 
 § 2. The state controller and the state treasurer are hereby authorized and directed 
 to transfer said sum of one hundred thousand dollars from the general fund of the 
 state to the "state compensation insurance fund." 
 
 "BOYNTON ACT," "WORKMEN'S COMPENSATION, INSURANCE AND 
 SAFETY ACT" OF 1913— ADMINISTRATIVE. 
 
 ACT 2106 — An act to promote the general welfare of the people of this state as affected 
 by accident causing the injury or death of employees in the course of their employ- 
 ment, by creating a liability on the part of employers to conpensate such employees 
 and their dependents for such accidental injury or death irrespective of the fault 
 of either party, and providing the means and methods of enforcing such liability ; and 
 creating a "state compensation insurance fund" to insure employers against such 
 liability and providing for its administration and regulating such insurance by other 
 insurance carriers; and requiring safety in aU emplosonents and places of employ- 
 ment in this state and providing the means and methods of enforcing such safety; 
 and reciuiring reports of industrial accidents; and providing penalties for offenses 
 by .employers, their officers, agents, and by employees and other persons and corpora- 
 tions; and creating an industrial accident commission, providing for its organization, 
 defining its powers and duties and providing for a review of its orders, decisions and 
 awards; and appropriating moneys to carry out the provisions of this act; and repeal- 
 ing all acts and parts of acts inconsistent with the provisions of this act. 
 
 History: Approved May 26, 1913. In effect January 1, 1914. Stats. 
 1913, p. 279. Amended (1) May 27, 1915, in effect August 8, 1915; 
 Stats. 1915, p. 913; (2) June 3, 1915, in effect August 8, 1915. Stats. 
 1915, p. 1079; (3) June 8, 1915, in effect August 8. 1915, Stats. 1915, 
 p. 1302; (4) May 23, 1917, in effect January 1, 1918, Stats. 1917, p. 831. 
 The effect of the amendment of 1917 (see Act 2781) Avas to separate 
 the compensation, insurance and safety provisions of the original 
 "Boynton Act" from the administrative features of that act, continue 
 the act, as to those features in force, and enact a new act with the 
 compensation, insurance and safety provisions. The latter act is Act 
 2781 in the chapter on "Master and Servant." Prior act of April 8, 
 1911, Stats. 1911, p. 796. commonly known as the "Roseberry Act," in 
 force from September 1, 1911, to January 1, 1914, was repealed by the 
 general repealing clause of the present act.
 
 Act 2100 
 
 GENERAL. LAWS. 
 
 1082 
 
 Superintendent 
 
 ANALYSIS OF ACT. 
 
 § 1. "Workmen's Compensation Act." 
 
 § 2. Repealed. [Act 2781, § 3.] 
 
 § 3. Industrial Accident Commission Created. Salary, 
 
 § 4. Organization op Commission. Majority Rules. 
 
 § 5. Seal. 
 
 § 6. Office in San Francisco. 
 
 § 7. Appointees. Attorney. Secretary. Manager op Insxjeanc!B Fxjnd, 
 of Safety. Other Employees. 
 
 § 8. Compensation of Employees. Expenses. 
 
 § 9. Departmental Expenses. 
 
 § 10. Blank Forms. Minute Book. 
 
 § 11. Powers. Fees. Reports. Charges. Fees Paid into Fund. 
 
 S 12. Repealed. [Act 2781, § 6.] 
 
 § 13. Repealed. [Act 2781, § 7.] 
 
 i5 14. Repealed. [Act 2781, § 8.] 
 
 § 15. Repealed. [Act 2781, § 9.] 
 
 § 16. Repealed. [Act 2781, § 11.] 
 
 § 17. Repealed. [Act 2781, § 12.] 
 
 S 18. Repealed. [Act 2781, § 13.] 
 
 § 19. Repealed. [Act 2781, § 14.] 
 
 § 20. Repealed. [Act 2781, § 15.] 
 
 § 21. Repealed. [Act 2781, § 16.] 
 
 § 22. Repealed. [Act 2781, § 17.] 
 
 § 23. Repealed. [Act 2781, § 18.] 
 
 § 24. Repealed. [Act 2781, § 19.] 
 
 ^ 25, * Repealed. [Act 2781, § 20.] 
 
 5? 26. Repealed. [Act 2781, § 21.] 
 
 § 27. Repealed. [Act 2781, § 22.] 
 
 S 28. Repealed. [Act 2781, § 23.] 
 
 § 29. Repealed. [Act 278l' § 24.] 
 
 § 30. Repealed. [Act 2781, §"25.] 
 
 § 31. Repealed. [Act 2781, § 26.] 
 
 § 32. Repealed. [Act 2781, § 27.] 
 
 S ^^. Repealed. [Act 2781, § 28.] 
 
 § 34. Repealed. [Act 2781, § 30.] 
 
 S 35. Repealed. [Act 2781, § 31.] 
 
 S 36. "State Compensation iNsxniANCE Fund" Created. 
 
 § 37. Revolving Fund. Charges Against Fund Self-Supportino. Dividends fob Renewals. 
 
 § 38. Commission Vested With Full Pow^er Over Fund. To Fix Rates. Powers or 
 
 Commission. May Delegate Powers. Not Liable PersonaIaLX. 
 
 § 39. Powers of Insurance Fund Manager. 
 
 § 40. Rates for Compensation Insurance. How Determined. 
 
 § 41. Rates Either Limited or Unlimited. 
 
 § 42. Policies for Employers, Etc. 
 
 § 43. State Treasurer Custodian of Fund. 
 
 § 44. Monthly Estimate to Board of Control. Monthly AcooxjNTiNa. Sbici-Annuai. 
 
 Valuation of Properties. 
 
 § 45. Investment of Surplus. 
 
 § 46. Counties, E*rc., May Insure. 
 
 § 47. Schedules of Rates to Be Furnished Certain OrncKsa. 
 
 § 48. Quarterly Report to Governor. 
 
 § 49. Penalty for Misrepresenting Payroll. 
 
 § 50. Other Misrepresentation, Misdemeanob. 
 
 § 51. Repealed. [Act 2781, § 33.] 
 
 § 52. Repealed. [Act 2781, § 34.] 
 
 § 53. Repealed. [Act 2781, § 35.] 
 
 § 54. Repealed. [Act 2781, § 36.] 
 
 § 55. Repealed. [Act 2781, § 37.] 
 
 § 56. Repealed. [Act 2781, § 38.] 
 
 § 57. Repealed. [Act 2781, § 39.] 
 
 § 58. Repealed. [Act 2781, § 40.] 
 
 § 59. Repealed. [Act 2781, § 41.] 
 
 § 60. Repealed. [Act 2781, § 42.] 
 
 § 61. Repealed. [Act 2781, § 43.] 
 
 \
 
 10S3 
 
 INDUSTRIAL ACCIDENT COMMISSION. 
 
 Act Z106, 
 
 §62. 
 
 Eepealed. 
 
 'Act 2781, 
 
 §44.] 
 
 §63. 
 
 Repealed. 
 
 "Act 2781, 
 
 §45.] 
 
 §64. 
 
 Repealed. 
 
 'Act 2781, 
 
 §46.] 
 
 §65. 
 
 Repealed. 
 
 Act 2781, 
 
 §47.J 
 
 §66. 
 
 Repealed. 
 
 "Act 2781, 
 
 §48.] 
 
 §67. 
 
 Repealed. 
 
 ;Act 2781, 
 
 §49.] 
 
 §68. 
 
 Repealed. 
 
 Act 2781, 
 
 §50.] 
 
 §69. 
 
 Repealed. 
 
 Act 2781, 
 
 §51.] 
 
 §70. 
 
 Repealed. 
 
 Act 2781, 
 
 §52.] 
 
 §71. 
 
 Repealed. 
 
 Act 2781, 
 
 §53.] 
 
 §72. 
 
 Repealed. 
 
 Act 2781, 
 
 §54.] 
 
 §73. 
 
 Repealed. | 
 
 Act 2781, 
 
 §55.] 
 
 § 74. 
 
 Repealed. 
 
 Act 2781, 
 
 §56.] 
 
 §75. 
 
 Repealed. 
 
 Act 2781, 
 
 §57.] 
 
 §75a 
 
 Repealed. 
 
 Act 2781, 
 
 §58.] 
 
 §76. 
 
 Repealed. 
 
 Act 2781, 
 
 §59.] 
 
 §77. 
 
 Repealed. 
 
 Act 2781, 
 
 §60.] 
 
 §78. 
 
 Repealed. 
 
 Act 2781, 
 
 §61.] 
 
 §79. 
 
 Repealed. 
 
 Act 2781, 
 
 §62.] 
 
 §80. 
 
 Repealed, 
 
 Act 2781, 
 
 §63.] 
 
 §81. 
 
 Repealed. 
 
 Act 2781, 
 
 §64.] 
 
 §82. 
 
 Repealed. 
 
 Act 2781, 
 
 §65.] 
 
 §83. 
 
 Repealed. 
 
 Act 2781, 
 
 §66.] 
 
 §84. 
 
 Repealed. 
 
 "Act 2781, 
 
 §67.] 
 
 §85. 
 
 Repealed. 
 
 "Act 2781, 
 
 §68.] 
 
 §86. 
 
 Repealed. 
 
 "Act 2781, 
 
 §69.] 
 
 §87. 
 
 Repealed. 
 
 Act 2781, 
 
 §70.] 
 
 §88. 
 
 Annual Re 
 
 port to Governor. 
 
 §89. 
 
 Appropriat 
 
 ION. 
 
 
 §90. 
 
 Repeal of 
 
 Inconsistent Acts. 
 
 §91. 
 
 Prior Inju 
 
 RY. 
 
 
 §92. 
 
 In Effect. 
 
 
 
 "Workmen's compensation act." 
 
 $ 1. This act shall be known, and may be cited, as the "workmen's compensation, 
 insurance and safety act" and shall apply to the subjects mentioned in its title. 
 
 Failure on the part of the legislature to repeal this section, or to amend it leaves two 
 acts with the same title on the statute books, except that the act of 1917, containing the 
 compensation insurance and safety features of the legislation, is designated the "Work- 
 men's compensation, insurance and safety act of 1917." 
 
 Definitions. 
 
 $ 2. [Amended June 3, 1915, Stats. 1915, p. 1080; June 8, 1915, Stats. 1915, p. 1303; 
 repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 3 of the act of 1917. See Act 2781. 
 
 Industrial accident commission created. Salary. 
 
 § 3. There is hereby created a board to consist of three members who shall be 
 appointed by the governor from the state at large and which shall be known as the 
 "industrial accident commission" and shall have the powers, duties and functions 
 hereinafter conferred. Within thirty days prior to the first day of January, 1914, the 
 governor shall appoint the three members of said commission, one for the term of 
 two years, one for the term of three years and one for the term of four years. There- 
 after, the term of office of each commissioner shall be four years. Vacancies shall 
 be filled by appointment in the same manner for the unexpired term. Each commis- 
 sioner shall receive an annual salary of five thousand dollars. Each commissioner 
 shall, before entering upon the duties of his office, take and subscribe the constitu- 
 tional oath of office. 
 
 Organization of commission. Majority rules. 
 
 § 4. The commission shall organize by choosing one of its members as chairman. 
 A majority of the commission shall constitute a quorum for the transaction of ao"^
 
 Act 2100. 8§ 5-7 GESNKRAL LAWS. 1084 
 
 business, for the performance of any duty, or for the exercise of any power or 
 authority of the commission. A vacancy on the commission shall not impair the right 
 of the remaining members to perform all the duties and exercise all the power and 
 authority of the commission. The act of the majority of the commission, when in 
 session as a commission, shall be deemed to be the act of the commission, but any 
 investigation, inquiry or hearing, which the commission has power to undertake or 
 to hold, may be undertaken or held by or before any member thereof or any referee 
 appointed by the commission for the purpose, and every finding, order, decision, or 
 award made by any commissioner or referee, pursuant to such investigation, inquiry or 
 hearing, when approved and confirmed by the commission and ordered filed in its 
 office, shall be deemed to be the finding, order, decision or award of the commission. 
 
 Seal. 
 
 ^5. The commission shall have a seal, bearing the following inscription: "Indus- 
 trial accident commission state of California, seal." The seal shall be affixed to all 
 writs and authentications of copies of records and to such other instruments as the 
 commission shall direct. All courts shall take judicial notice of said seaL 
 
 Office in San Francisco. 
 
 $ 6. The commission shall keep its principal office in the city and county of San 
 Francisco, and shall also keep an office in the city of Los Angeles, and shall provide 
 itself with suitable rooms, necessary office furniture, stationery and other supplies. 
 For the purpose of holding sessions in other places, the commission shall have power 
 to rent temporary quarters. 
 
 Appointees, 
 
 § 7. The commission shall have full power and authority: 
 
 Attorney. 
 
 (1) To appoint as its attorney an attorney-at-law of this state, who shall hold office 
 at the pleasure of the commission. It shall be the right and the duty of the attorney 
 to represent and appear for the people of the state of California and the commission 
 in all actions and proceedings involving any question under this act or under any 
 order or act of the commission and, if directed so to do by the commission, to intervene, 
 if possible, in any action or proceeding in which any such question is involved; to 
 commence, prosecute and expedite the final determination of all actions or proceedings, 
 civil or criminal, directed or authorized by the commission; to advise the commission 
 and each member thereof, when so requested, in regard to all matters in connection 
 with the jurisdiction, powers or duties of the commission and members thereof; and 
 generally to perform all duties and service as attorney to the commission which maj^ 
 be required of him. 
 
 Secretary. 
 
 (2) To appoint, and it shall appoint, a secretary, who shall hold office at the pleasure 
 of the commission. It shall be the duty of the secretary to keep a full and true record 
 of all the proceedings of the commission, to issue all necessary processes, writs, 
 warrants and notices which the commission is required or authorized to issue, and 
 generally to perform such other duties as the commission may prescribe. The com- 
 mission may also appoint such assistant secretaries as may be necessary and such 
 assistant secretaries may perform any duty of the secretary, when so directed by the 
 commission. 
 
 Manager of insurance fund. Bond. 
 
 (3) To appoint a manager of the state compensation insurance fund who shall hold 
 office at the pleasure of the commission. It shall be the duty of such manager to
 
 loss INDUSTRIAL ACCIDENT COMMISSION. Act 2100, §§ 8-10 
 
 manage, supervise and conduct, subject to the general direction and approval of the 
 commission, the business and affairs of the state compensation insurance fund and 
 to perform such other duties as the commission may prescribe. Before entering on 
 the duties of his oflBee, he must give an official bond in the sum of $50,000, and take 
 and subscribe to an official oath. Said bond must be approved by the commission, by 
 written endorsement thereon, and be filed in the office of the secretary of state. 
 
 Superintendent of safety. 
 
 (4) To appoint a superintendent of the department of safety, who shall hold office 
 at the pleasure of the commission and who shall perform such duties as the commis- 
 sion shall prescribe. 
 
 Other employees. 
 
 (5) To employ such other assistants, officers, experts, statisticians, actuaries, account- 
 ants, inspectors, referees and other employees, as it may deem necessary to carry out 
 the provisions of this act, or to perform the duties and exercise the powers conferred 
 by law upon the commission. 
 
 Assitttant attorney provided for by section 4 of the act of 1917. See Act 2781. 
 
 Compensation of employees. Expenses. 
 
 § 8. All officers and employees of the commission shall receive such compensation 
 for their services as may be fixed by the commission and shall hold office at the 
 pleasure of the commission and shall perform such duties as are imposed on them 
 by law or by the commission. The salaries of the members of the commission, its 
 attorney, secretary and assistant secretary, as fixed by law or the commission, shall 
 be paid in the same manner as are the salaries of other state officers. The salary or 
 compensation of every other person holding office or employment under the commis- 
 sion, as fixed by law or by the commission, shall be paid monthly, after being approved 
 by the commission, upon claims therefor to be audited by the state board of control. 
 All expenses incurred by the commission pursuant to the provisions of this act, 
 including the actual and necessary traveling and other expenses and disbursements 
 of the members thereof, its officers and employees, incurred while on business of the 
 commission, either within or without the state, shall, unless otherwise provided in this 
 act, be paid from the funds appropriated for the use of the commission, after being 
 approved by the commission, upon claims therefor to be audited by the board of 
 control; provided, however, that no such expenses incurred outside of the state shall 
 be allowed unless prior authorization therefor be obtained from the board of control. 
 
 Departmental expenses. 
 
 $ 9. In all cases in which salaries, expenses or outgoings of one department under 
 the jurisdiction of the commission are expended in whole or in part on behalf of 
 another department the commission may apportion the same between such departments. 
 
 Blank forms. Minute book. 
 
 § 10. The commission shall cause to be printed and furnished free of charge to any 
 employer or employee, or other person, such blank forms as it shall deem requisite 
 to facilitate or promote the efficient administration of this act; it shall provide a book 
 in which shall be entered the minutes of all its proceedings, a book in which shall be 
 recorded all awards made by the commission and such other books or records as it 
 shall deem requisite for the proper and efficient administration of this act- all such 
 records to be kept in the office of the commission.
 
 Act 2106. §g 11-18 GENKRAl LAWS. 1086 
 
 Powers. 
 
 ^ 11. The commission shall also have power ancl authority: 
 
 Fees. 
 
 (1) To charge and collect the following fees: for copies of papers and records not 
 required to be certified or otherwise authenticated by the commission, ten cents for 
 each folio; for certified copies of official documents and orders filed in its office or of 
 the evidence taken on proceedings had, fifteen cents for each folio. 
 
 Reports. 
 
 (2) To publish and distribute in its discretion from, time to time, in addition to its 
 annual report to the governor of the state, such further reports and pamphlets covering 
 its operations, proceedings and matters relative to its work as it may deem advisable. 
 
 Charges. 
 
 (3) To fix and collect reasonable charges for publications issued under its authority. 
 
 Tees paid into fund. 
 
 (4) The fees charged and collected under this section shall be paid monthly into the 
 treasury of the state to the credit of the ' * industrial accident fund ' ' and shall be accom- 
 panied by a detailed statement thereof. 
 
 When liability exists against employer. 
 
 $12. [Amended June 3, 1915, Stats. 1915, p. 1081; repealed May 23, 1917, Stats. 
 
 1917, p. 879.] 
 
 This section became section 6 of the act of 1917. See Act 2781. 
 
 "Employer." 
 
 $13. [Amended June 3, 1915, Stats. 1915, p. 1081; repealed May 23, 1917, Stats. 
 
 1917, p. 879.] 
 
 This section became section 7 of the act of 1917. See Act 2781. 
 
 "Employee." 
 
 $14. [Amended May 27, 1915, Stats. 1915, p. 913; repealed May 23, 1917, Stats. 
 
 1917, p. 879.] 
 
 This section became section 8 of the act of 1917. See Act 2781« 
 
 Compensation schedule, etc. 
 
 $15. [Amended June 3, 1915, Stats. 1915, p. 1082; repealed May 23, 1917, Stats. 
 
 1917, p. 879.] 
 
 This section was Incorporated In section 9 of the act of 1917. See Act 2781. 
 
 Limitation of actions, etc. 
 
 $16. [Amended June 3, 1915, Stats. 1915, p. 1085; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 11 of the act of 1917. See Act 2781. 
 
 Average weekly and annual earnings, etc. 
 
 $17. [Amended June 3, 1915, Stats. 1915, p. 1086; repealed May 23, 1917, Stata 
 
 1917, p. 879.] 
 This section became section 12 of the act of 1917. See Act 2781. 
 
 Weekly loss in wages. 
 
 $ 18. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 This section became section 13 of the act of 1917. See Act 2781.
 
 1087 INDUSTRIAL. ACCIDENT COMMISSION. Act 210«, §§ 19-31 
 
 Persons wholly dependent for support. 
 
 $19. [Amended June 3, 1915, Stats. 1915, p. 1087; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 14 of the act of 1917. See Act 2781. 
 
 Notice to employer of accident. Actual knowledge. 
 
 §20. [Amended June 3, 1915, Stats. 1915, p. 1089; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 15 of the act of 1917. See Act 2781. 
 
 Examination by physician. 
 
 § 21. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 16 of the act of 1917. See Act 2781. 
 
 Application for hearing on dispute. 
 
 §22. [Amended June 3, 1915, Stats. 1915, p. 1089; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 17 of the act of 1917. See Act 2781. 
 
 Defendant's answer. 
 
 § 23. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 18 of the act of 1917. See Act 2781. 
 
 Pleadings, testimony, etc. 
 
 §24. [Amended June 3, 1915, Stats. 1915, p. 1090; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 19 of the act of 1917. See Act 2781. 
 
 Findings and award. 
 
 § 25. [Amended June 3, 1915, Stats. 1915, p. 1090; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 20 of the act of 1917. See Act 2781. 
 
 Findings may be filed with court. 
 
 § 26. [Amended June 3, 1915, Stats. 1915, p. 1091 ; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 21 of the act of 1917. See Act 2781. 
 
 Review of decisions by courts. 
 
 § 27. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 22 of the act of 1917. See Act 2781. 
 
 Fees of clerk of court. Costs. Interest. 
 
 § 28. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 23 of the act of 1917. See Act 2781. 
 
 Assignment of claim, etc 
 
 §29. [Amended June 3, 1915, Stats. 1915, p. 1091; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section corresponds to section 24 of the act of 1917. See Act 2781. 
 
 Principals' liability. 
 
 §30. [Amended June 3, 1915, Stats. 1915, p. 1092; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This act corresponds with section 26 of the act of 1917. See Act 2781. 
 
 Claim operates as assignment of right. 
 
 § 31. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section corresponds to section 26 of the act of 1917. See Act 2781.
 
 Act 2106, §S 32-37 GENERAL LAWS. »088 
 
 No exemption by contract, etc. 
 
 §32. [Amended June 3, 1915, Stats. 1915, p. 1093; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 27 of the act of 1917. See Act 2781. 
 
 Commission may commute compensation to lump sum, etc. 
 
 §33. [Amended June 3, 1915, Stats. 1915, p. 1094; repealed May 23, 1917, Stats. 
 1917, p. 870.] 
 
 This section became section 28 of the act of 1917. See Act 2781. 
 
 Mutual insurance companies not affected. 
 
 § 34. [Amended June 3, 1915, Stats. ^915, p. 1095; repealed May 23, 1917, Stats. 
 
 1917, p. 879.] 
 
 This section corresponds with section 30 of the act of 1917. See Act 2781. 
 
 "Limited compensation policy." 
 
 § 35. [Repealed May 23, 1917. Stats. 1917, p. 879.] 
 
 This section became section 31 of the act of 1917. See Act 2781. 
 
 "State compensation insurance fund" created. 
 
 § 36. There is hereby created and established a fund to be known as the "state com- 
 pensation insurance fund," to be administered by the industrial accident commission of 
 the state, without liability on the part of the state beyond the amount of said fund, for 
 the purpose of insuring employers against liability for compensation under this act, and 
 against the expense of defending any suit for damages under the optional provisions of 
 section twelve hereof (subdivision b), and insuring to employees and other persons the 
 compensation fixed by this act for employees and their dependents. [Amendment of 
 June 3, 1915. In effect August 8, 1915. Stats. 1915, p. 1097.] 
 
 See section 32 of the act of 1917, Act 2781. 
 
 Revolving fund. 
 
 § 37. (a) The state compensation insurance fund shall be a revolving fund and shall 
 consist of such specific appropriations as the legislature may from time to time make or 
 set aside for the use of such fund, all premiums received and paid into the said fund for 
 compensation insurance issued, all property and securities acquired by and through the 
 use of moneys belonging to said fund and all interest earned upon moneys belonging to 
 said fund and deposited or invested, as herein provided. 
 
 Charges against fund. 
 
 (b) Said fund shall be applicable to the payment of losses sustained on account of 
 insurance and to the payment of the salaries and other expenses to be charged against 
 said fund in accordance with the provisions contained in this act. 
 
 Self-supporting. Dividend for renewals. 
 
 (e) Said fund shall, after a reasonable time during which it may establish a business, 
 be fairly competitive with other insurance carriers, and it is the intent of the legislature 
 that said fund shall ultimately become neither more nor less than self-supporting. In 
 order that the state compensation insurance fund shall ultimately become neither more 
 nor less than self-supporting, the actual loss experience and expense of the fund shall 
 be ascertained on or about the first of January in each year for the year preceding, and 
 should it then be shown that there exists an excess of assets over liabilities, such liabili- 
 ties to include the necessary reserves, and a reasonable surplus for the catastrophe haz- 
 ard, then, in the discretion of the commission, a cash dividend shall be declared to, or a 
 credit allowed on the renewal premium of each employer who has been insured with the 
 fund, such cash dividend or credit to be such an amount to which, as in the discretion
 
 I 
 
 lOSO INDUSTRIAL ACCIDENT COMMISSION. Act 2106, g§ 38, 39 
 
 of the commission, such employer may be entitled as the employer 's proportion of divis- 
 ible surplus. [Amendment of June 3, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 1097.] 
 
 See Act 2105. 
 
 Commission vested with full power over fund. 
 
 § 38. (a) The commission is hereby vested with full power, authority and jurisdic- 
 tion over the state compensation insurance fund and may do and perform any and all 
 things whether herein specifically designated, or in addition thereto, which are neces- 
 sary or convenient in the exercise of any power, authority or jurisdiction over said 
 fund in the administration thereof, or in connection with the insurance business to 
 be carried on by it under the provisions of this act, as fully and completely as the- 
 governing body of a private insurance carrier might or could do. 
 
 To fix rates. 
 
 (b) The commission shall have full power and authority, and it shall be its duty, 
 to fix and determine the rates to be charged by the state compensation insurance fund 
 for compensation insurance, and to manage and conduct all business and affairs in 
 relation thereto, all of which business and affairs shall be conducted in the name of the 
 state compensation insurance fund, and in that name, without any other name or title, 
 the commission may : 
 
 Powers of commission. 
 
 (1) Sue and be sued in all the courts of the state in all actions arising out of any 
 act, deed, matter or thing made, omitted, entered into, done, or suffered in connection 
 with the state compensation insurance fund, the administration, management or conduct 
 of the business or affairs relating thereto. 
 
 (2) Make and enter into contracts of insurance as herein provided, and such other 
 contracts or obligations relating to the state compensation insurance fund as are 
 authorized or permitted under the provisions of this act. 
 
 (3) Invest and reinvest the moneys belonging to said fund as hereinafter provided. 
 
 (4) Conduct all business and affairs, relating to the state compensation insurance 
 fund, whether herein specifically designated or in addition thereto. 
 
 May delegate powers. 
 
 (c) The commission may delegate to the manager of the state compensation insurance 
 fund, or to any other officer, under such rules and regulations and subject to such 
 conditions as it may from time to time prescribe, any of the powers, functions or 
 duties, conferred or imposed on the commission under the provisions of this act in con- 
 nection with the state compensation insurance fund, the administration, management 
 and conduct of the business and affairs relating thereto, and the officer or officers to 
 whom such delegation is made may exercise the powers and functions and perform the 
 duties delegated with the same force and effect as the commission, but subject to its 
 approval. 
 
 Not liable personally. 
 
 (d) This commission shall not, nor shall any commissioner, officer or employee thereof, 
 be personally liable in his private capacity for or on account of any act performed or 
 contract or other obligation entered into or undertaken in an official capacity, in good 
 faith and without intent to defraud, in connection with the administration, management 
 or conduct of the state compensation. insurance fund^ its business or other affairs relat- 
 ing thereto. 
 
 Powers of insurance fund manager. 
 
 ^ 39. In conducting the business and affairs of the state compensation insurance 
 fund, the manager of the said fund or other officer to whom such power and authority 
 
 Gen. Laws — 69
 
 Act 2106, gg 40, 41 GBNBRAr LAWS. ftOOO 
 
 way be delegated by the commission, as provided by subsection (c) of section thirty- 
 eight nereof, shall have full power and authority : 
 
 (1) To enter into contracts of insurance, insuring employers against liability for 
 compensation and insuring to employees and other persons the compensation fixed by 
 this act. 
 
 (2) To sell annuities covering compensation benefits. 
 
 (3) To decline to insure any risk in which the minimum requirements of the com- 
 mission with regard to construction, equipment and operation are not observed, or 
 which is beyond the safe carrying of the state compensation insurance fund, but shall 
 not have power or authority, except as otherwise provided in this subdivision, to refuse 
 to insure any compensation risk tendered with the premium therefor. 
 
 (4) To reinsure any risk or any part thereof. 
 
 (5) To inspect and audit, or cause to be inspected and audited the pay-rolls of em- 
 ployers applying for insurance against liability for compensation. 
 
 (6) To make rules and regulations for the settlement of claims against said fund 
 and to determine to whom and through whom the payments of compensation are to be 
 made. 
 
 (7) To contract with physicians, surgeons and hospitals for medical and surgical 
 treatment and the care and nursing of injured persons entitled to benefits from said 
 fund. 
 
 Rates for compensation insurance. 
 
 $ 40. (a) It shall be the duty of the commission to fix and determine the rates to 
 be charged by the state compensation insurance fund for compensation insurance cover- 
 age as herein provided, and such rates shall be fixed with due regard to the physical 
 hazards of each industry, occupation or employment and, within each class, so far as 
 practicable, in accordance with the elements of bodily risk or safety or other hazard of 
 the plant or premises or work of each insured and the manner in which the same is con- 
 ducted, together with a reasonable regard for the accident experience and history of 
 each such insured, and the means and methods of caring for injured persons, but such 
 rates shall take no account of the extent to which the employees in any particular estab- 
 lishment have or have not persons dependent upon them for support. 
 
 How determined. 
 
 (b) The rates so made shall be that percentage of the pay-roll of any employer which, 
 in the long run and on the average, shall produce a sufficient sum, when invested at 
 three and one half per cent interest: 
 
 (1) To carry all claims to maturity; that is to say the rates shall be based upon the 
 ** reserve" and not upon the "assessment" plan; 
 
 (2) To meet the reasonable expenses of conducting the business of such insurance; 
 
 (3) To produce a reasonable surplus to cover the catastrophe hazard. 
 
 Rates either limited or unlimited. 
 
 § 41. The insurance contracts entered into between the state compensation insurance 
 fund and persons insuring therewith may be either limited or unlimited and issued for 
 one year or, in the form of stamps or tickets or otherwise, for one month or any number 
 of months less than one year, or for one day or any number of days less than one month, 
 or durin"- the performance of any particular work, job or contract; provided, that the 
 rates charged shall be proportionately greater for a shorter than for a longer period and 
 that a minimum premium charge shall be fixed in accordance with a reasonable rate for 
 insurino" one person for one day. Nothing in this act shall be construed to prevent any. 
 person applying for compensation insurance from being covered temporarily until the 
 application is finally acted upon, or to prevent the injured from surrendering any policy
 
 1001 INDUSTRIAL ACCIDENT COMMISSION. Act 2106, §§ 43, 44 
 
 at any time and having returned to him the difference between the premium paid and 
 the premium at the customary short term for the shorter period which such policy has 
 already run. The state compensation insurance fund may at any time cancel any policy, 
 after due notice, upon a pro rata basis of premium repayment. 
 
 Policies for employers, etc. 
 
 $ 42. The state compensation insurance fund may issue policies, including with their 
 employees, employers who perform labor incidental to their occupations, and including 
 also members of the families of such employers engaged in the same occupation, such 
 policies insuring to such employers and working members of their families the same com- 
 pensations provided for their employees, and at the same rates ; provided, that the esti- 
 mations of their wage values, respectively, shall be reasonable and separately stated 
 in and added to the valuation of their payrolls upon which their premium is computed. 
 Such policies may likewise be sold to self -employing persons and to casual employees, 
 who, for the purpose of such insurance, shall be deemed to be employees within the 
 meaning of sections twelve to thirty-five, inclusive, of this act. 
 
 State treasurer custodian of fund. 
 
 § 43. The treasurer of the state shall be custodian of all moneys and securities 
 belonging to the state compensation insurance fund, except as otherwise provided in 
 this act, and shall be liable on his official bond for the safekeeping thereof. All moneys 
 belonging to said fund collected or received by the commission, or the manager of the 
 state compensation insurance fund, under and by virtue of the provisions of this act, 
 shall be delivered to the treasurer of the state or may be deposited to his credit in such 
 bank or banks throughout the state as he may, from time to time, designate, and such 
 moneys when so delivered or deposited shall be credited by the treasurer to the said 
 fund and no moneys received or collected on account of such fund shall be expended or 
 paid out of such fund without first passing into the state treasury and being drawn 
 therefrom as provided in this act. In like manner there shall be delivered to the treas- 
 urer all securities belonging to said fund which shall be held by him until otherwise dis- 
 posed of as provided in this act. 
 
 Monthly estimate to board of control. 
 
 $ 44. (a) The commission shall submit each month to the state board of control an 
 estimate of the amount necessary to meet the current disbursements from the state com- 
 pensation insurance fund during each succeeding calendar month and, when such esti- 
 mate shall be appi'oved by the state board of control, the controller is directed to draw 
 his warrant on said fund in favor of said commission for such amount; and the treasurer 
 is authorized and directed to pay the same. 
 
 Monthly accounting. 
 
 (b) At the end of each calendar month the commission shall account to the state board 
 of control and the state controller for all moneys so received, furnishing proper vouchers 
 therefor. 
 
 Semi-annual valuation of properties. 
 
 (c) During the months of January and July of each year the state board of control 
 or the commission shall cause a valuation to be made of the properties and securities 
 which have been acquired and which are held for said fund, and shall report the results 
 of the same to the state controller, whose duty it shall be to keep a special ledger 
 account showing all of the assets pertaining to the state compensation insurance fund. 
 In the controller's general ledger this fund account may be carried merely as a cash 
 account, like other accounts of funds in the state treasury, and therein only the actual 
 cash coming into the state compensation insurance fund shall be credited to such fund.
 
 Act 2106, 8g 45-49 GENRRAL L.A\%'S. 1092 
 
 Investment of surplus. 
 
 $ 45, (a) The commission shall cause all moneys in the state corapensation insurance 
 fund, in excess of current requirements, to be invested and reinvested, from time to 
 time, in the securities now or hereafter authorized by law for the investment of funds 
 of savings banks. 
 
 (b) The commission shall, from time to time, submit to the state board of control an 
 estimate of the amount required by it for investment, which estimate shall be accom- 
 panied by a full description of the kind and character of the investments to be made 
 and, when such estimate shall be approved by the state board of control, the controller 
 is directed to draw his warrant on the state compensation insurance fund in favor of 
 the commission for such amount and the treasurer is authorized and directed to pay 
 the same. 
 
 (c) At the end of each calendar month the commission shall account to the said board 
 of control and the state controller for all moneys so received, furnishing proper vouchers 
 therefor. 
 
 (d) All moneys in said fund, in excess of current requirements and not otherwise 
 invested, may be deposited by the state treasurer from time to time in the banks author- 
 ized by law to receive deposits of public moneys under the same rules and regulations 
 that govern the deposit of other public funds and the interest accruing thereon shall 
 be credited to the state compensation insurance fund. 
 
 Counties, etc., may insure. 
 
 $ 46. Each county, city and county, city, school district or other public corporation 
 or quasi-public corporation within the state not including, however, any public utility 
 corporation, may insure against its liability for compensation with the state compen- 
 sation insurance fund and not with any other insurance carrier unless such fund shall 
 refuse to accept the risk when the application for insurance is made, and the premium 
 therefor shall be a proper charge against the general fund of each such political sub- 
 division of the state. [Amendment of June 3, 1915. In effect August 8, 1915, Stats. 
 1915, p. 1098.] 
 
 Schedules of rates to be furnished certain officers. 
 
 $ 47, When the premium rates for insurance in the state compensation insurance 
 fund shall have been established the commission shall furnish schedules of rates and 
 copies of the forms of policy to the commissioner of labor, to the clerk and to the treas- 
 urer of every county, city and county, and city in the state, and it shall be the duty of 
 every public officer to whom the foregoing may be furnished to fill out and transmit to 
 the manager of the state compensation insurance fund applications for compensation 
 insurance in such fund and to receive and transmit to said manager all premiums paid 
 on account of any policy issued or applied for, and for this service such officials may 
 be allowed such commission or other compensation as the commission may from time 
 to time direct. [Amendment of June 3, 1915. In effect August 8, 1915, Stats. 1915, 
 p, 1098.] 
 
 Quarterly report to governor. 
 
 § 48, The commission shall each quarter make to the governor of the state, reports 
 of the business done by the state compensation insurance fund during the previous 
 quarter, and a statement of the fund's resources and liabilities, and it shall be the duty 
 of the state board of control to audit such reports and to cause an abstract thereof to 
 be published one or more times in at least two newspapers of general circulation in the 
 state. The commission shall likewise make to the state insurance commissioner all 
 reports required by law to be made by other insurance carriers.
 
 1003 INDUSTRIAL. ACCIDENT COMMISSION. Act 2106, §g 49-61 
 
 Penalty for misrepresenting pay-roll. 
 
 $ 49. Any employer who shall wilfully misrepresent the amount of the pay-roll upon 
 which his premium under this act is to be based shall be liable to the state in ten 
 times the amount of the difference in premium paid and the amount the employer should 
 have paid had his pay-roll been correctly computed, and the liability to the state under 
 this section shall be enforced in a civil action in the name of the state compensation 
 insurance fund and any amount so collected shall become a part of said fund. 
 
 Other misrepresentation, misdemeanor. 
 
 5 50. Any person who wilfully misrepresents any fact in order to obtain insurance 
 at less than the proper rate for such insurance, or in order to obtain any payments out 
 of such fund, shall be guilty of a misdemeanor. 
 
 Definitions. 
 
 $ 51. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 33 of the act of 1917. See Act 2781. 
 
 Duty of employer. 
 
 ^ 52. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 34 of the act of 1917. See Act 2781. 
 
 Employee not to go into unsafe place. 
 
 ^ 53. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 35 of the act of 1917. See Act 2781. ^ 
 
 Unsafe structures. 
 
 $ 54. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 36 of the act of 1917. See Act 2781. 
 
 Removing safety device prohibited. 
 
 $ 55. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 37 of the act of 1917. See Act 2781. 
 
 Supervision of places of employment. 
 
 $ 56. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 38 of the act of 1917. See Act 2781. 
 
 Powers. Safety devices, etc. 
 
 § 57. [Amended June 3, 1915, Stats, of 1915, p. 1099; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 39 of the act of 1917. See Act 2781. 
 
 Publication of hearing on general safety orders. 
 $ 58. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 40 of the act of 1917. See Act 2781. 
 
 May order places, etc., made safe. 
 
 § 59. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 41 of the act of 1917. See Act 2781. 
 
 Time for complying with order. 
 
 « 60. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 42 of the act of 1917. See Act 2781. 
 
 May investigate unsafe places. 
 
 § 61. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 43 of the act of 1917. See Act 2781.
 
 Act 2106. g§ <2-75 GBIVCRAL. LAWS. 1094 
 
 Duty of employer, etc., to comply with orders. 
 
 $ 62. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 44 of the act of 1917. See Act 2781. 
 
 Review of orders by court. 
 
 ^ 63. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 45 of the act of 1917. See Act 2781, 
 
 County and city authorities not deprived of power. 
 
 $ 64. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 46 of the act of 1917. See Act 2781. 
 
 Further powers, etc. 
 
 $ 65. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 47 of the act of 1917. See Act 2781. 
 
 Orders, etc., as evidence. 
 
 $ 66. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 48 of the act of 1917. See Act 2781. 
 
 Penalty for not compljdng with orders. 
 
 • 5 67. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 49 of the act of 1917. See Act 2781. 
 
 Separate offenses. 
 
 $ 68. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 50 of the act of 1917. See Act 2781. 
 
 Fines paid into fund. 
 
 $ 69. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section was incorporated in section 51 of the act of 1917, Act 278L 
 
 May not divulge confidential information. 
 
 $ 70. [Repealed May 23, 1917, Stats, 1917, p. 879.] 
 
 This section became section 52 of the act of 1917. See Act 2781. 
 
 Employer's reports of accidents to employees, etc. 
 
 $71. [Amended June 3, 1915, Stats, 1915, p. 1099; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 53 of the act of 1917. See Act 2781. 
 
 Commission to investigate all industrial accidents. 
 
 §72. [Amended June 3, 1915, Stats. 1915, p. 1100; repealed May 23, 1917, Stata. 
 1917, p. 879.] 
 
 This section became section 54 of the act of 1917. See Act 2781. 
 
 Proceedings before commission. Orders lawful. 
 
 $ 73. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 55 of the act of 1917. See Act 2781. 
 
 Service of notice, etc. 
 
 $ 74. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 56 of the act of 1917. See Act 2781. 
 
 Further powers, etc. 
 
 §75. [Amended June 3, 1915, Stats. 1915, p. 1100; repealed May 23, 1917, Stat«. 
 1917, p. 879.] 
 
 This section became section 57 of the act of 1917. See Act 2781. 
 
 a 

 
 1095 INDUSTRIAL, ACCIDKNT COMMISSION. Act 2106, gg 75a-88 
 
 Controversies over injuries suffered outside state. 
 
 $ 75a. [New section added June 3, 1915, Stats. 1915, p. 1101; repealed May 23, 1917, 
 Stats. 1917, p. 879.] 
 
 This section became section 58 of the act of 1917. See Act 2781. 
 
 Reference of cases. 
 
 § 76. [Amended June 3, 1915, Stats, 1915, p. 1101; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 59 of the act of 1917. See Act 2781. 
 
 . Rules of procedure and of evidence, etc. 
 
 $ 77. [Amended June 3, 1915, Stats. 1915, p. 1102; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 60 of the act of 1917. See Act 2781, 
 
 Power to administer oaths, issue sulipoenas, etc. 
 
 $ 78. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 61 of the act of 1917. See Act 27S1. 
 
 Superior court may compel witnesses to attend. Order to attend. Remedy ctunolativeu 
 
 $ 79. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 62 of the act of 1917. See Act 2781. 
 
 Power to do all things necessary. 
 
 $ 80. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 63 of the act of 1917. See Act 2781. 
 
 Application for rehearing, etc. 
 
 ^81. [Amended June 3, 1915, Stats. 1915, p. 1103; repealed May 23, 1917, Stats. 
 1917, p. 879.] 
 
 This section became section 64 of the act of 1917. See Act 2781. 
 
 Time and grounds for rehearing on award, etc. 
 
 § 82. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 65 of the act of 1917. See Act 2781. 
 
 Time and grounds for rehearing on other order, etc. 
 i 83. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 66 of the act of 1917. See Act 2781. 
 
 Appeal to Supreme Court. 
 
 $ 84. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 67 of the act of 1917. See Act 2781. 
 
 Suspension of order during rehearing. 
 
 $ 85. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 68 of the act of 1917. See Act 278L 
 
 Act liberally construed. 
 
 $ 86. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 69 of the act of 1917. See Act 2781. 
 
 Election to come under act, etc. 
 
 $ 87. [Repealed May 23, 1917, Stats. 1917, p. 879.] 
 
 This section became section 70 of the act of 1917. See Act 2781. 
 
 Annual report to governor. 
 
 § 88. The commission shall, not later than the first day of December of each calendar 
 year, subsequent to the year 1913, make a report to the governor of the state covering
 
 Ai't ::iOOr. §1 GENERAL LAWS. lOM 
 
 its entire operations and proceedings for the previous fiscal year, with such suggestions 
 or recommendations as it ma}' deem of value for public information. Such report shall 
 be printed and a copy thereof furnished to all applicants within this state. 
 
 Appropriations. 
 
 § 89. The sum of one hundred eighty-seven thousand four hundred seventy dollars is 
 
 hereby appropriated out of any money in the state treasury, not otherwise appropriated, 
 
 to be used by the industrial accident commission in carrj'ing out the purposes of this 
 
 act, and the controller is hereby directed to draw his warrant on the general fund from 
 
 time to time in favor of said industrial accident commission for the amounts expended 
 
 under its direction, and the treasurer is hereby authorized and directed to pay the same. * 
 
 This section was not expressly excepted from the repeal in the title and in repealing 
 section 71 of the repealing act of 1917, as were all the other retained sections; but it was 
 not repealed, and, although obsolete, is inserted. 
 
 Repeal of inconsistent acts. 
 
 ^ 90. All acts or parts of acts inconsistent with this act are hereby repealed. 
 
 Prior injury. 
 
 $ 91. The compensation provisions of this act shall not apply to any' injury sustained 
 prior to the taking effect thereof. 
 
 This section was not expressly excepted from repeal in the title of repealing section 71 
 of the repealing act of 1917, as were all other retained sections. This was apparently an 
 oversight, since it relates to the compensation provisions of law, and it appears in sub- 
 stantially identical language as section 73 of the act of 1917. See Act 2781, 
 
 In effect. 
 
 $ 92. This act shall take effect and be in force on and after the first day of January, 
 A. D. 1914. 
 
 Editor's note: The notes relating to the dealing in detail with the subject of em- 
 constitutionality, scope, purpo.se and effect ployer's liability, insurance carriers, com- 
 of the legislation on the subject of com- pensation and death benefits are collected 
 pensation for industrial accidents, and the in one place under the "workmen's compen- 
 jurisdiction, and procedure of the commis- sation, insurance and safety act of 1917." 
 Bion, the right of review, as well as those — See Act 2781. 
 
 ACTIONS AGAINST INSURANCE CARRIERS. 
 
 ACT 2106a — An act relating to actions against an insurance carrier when the insured 
 
 person is insolvent or bankrupt, or without property sufficient to satisfy execution 
 
 on account of loss or damage insured against, and requiring policy to he exhibited in 
 
 certain cases. 
 
 History: Approved May 21. 1919. In effect July 22, 1919. Stats. 
 1919, p. 776. 
 
 Action against insurance carrier when insured is insolvent. Exhibit of policy. 
 
 § 1. No policy of insurance against loss or damage resulting from accident to, or 
 injury suffered by another person and for which the person insured is liable other than 
 a policy of insurance under the workmen's compensation, insurance and safety act of 
 1917 or any subsequent act on the same subject, or, against loss or damage to property 
 caused by horses or other draught animals or any vehicle, and for which loss or damage 
 the person insured is liable, shall be issued or delivered to any person in this state by 
 any domestic or foreign insurance company, authorized to do business in this state, 
 unless there shall be contained within such policy a provision that the insolvency or 
 bankruptcy of the person insured shall not release the insurance carrier from the pay- 
 ment of damages for injury sustained or loss occasioned during the life of such policy 
 and stating that in case judgment shall be secured against the insured in an action 
 brought by the injured person or his heirs or personal representatives, in case death 
 
 d
 
 1087 INDUSTRIAL, ACCIDENT COMMISSION. Act 2106b, §§ 1, 2 
 
 resulted from the accident, then an action may be brought against the company, on 
 the policy and subject to its terms and limitations, by such injured person, his heirs 
 or personal representatives as the case may be, to recover on said judgment. Upon any 
 proceeding supplementary to execution, the judgment debtor may be required to exhibit 
 any policy carried by him insuring against the loss or damage for which judgment shall 
 have been obtained. 
 
 PROTECTION OF BENEFICIARIES OF WORKMEN'S COMPENSATION 
 
 INSURANCE POLICIES. 
 ACT 21061) — An act to provide for the protection of beneficiaries of workmen's com- 
 pensation insurance policies against the default or insolvency of insurance carriers 
 issuing such policies by requiring such carriers to provide security for the payment 
 of such compensation. 
 
 History: Approved May 9, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 292. 
 
 Workmen's compensation insurance carrier to file bond. 
 
 $ 1. Every insurance carrier, except the state compensation insurance fund, trans- 
 acting the business of workmen's compensation insurance in this state, shall on the 
 first day of October, A. D. 1917, file in the office of the insurance commissioner j)f this 
 state a bond in favor of said insurance commissioner as trustee for the beneficiaries of 
 awards of compensation rendered by the industrial accident commission, executed by 
 said carrier and some surety company or companies approved by said insurance crom- 
 missioner and authorized to transact the business of suretyship in this state. Said 
 bond shall be in an amount not less than the reserve for outstanding losses of said 
 insurance carrier on compensation insurance in this state on December 31, A. D. 1916, 
 calculated as prescribed by the laws of this state, nor for more than double the amount 
 of said reserve, but in no case for less than the sum of one hundred thousand dollars. 
 
 Bond to provide for pajrment of awards by surety. 
 
 $ 2. It shall be provided in said bond that, in the event said insurance carrier shall 
 fail to pay any award or awards which shall be rendered against it by said industrial 
 accident commission, within thirty days after the same become final, the said surety 
 will forthwith pay, to the extent of its liability under said bond, said award or awards 
 to said insurance commissioner as trustee for said beneficiaries. Said bond shall fur- 
 ther provide that, if said insurance carrier shall suspend payment or become insolvent 
 or a receiver shall be appointed therefor, the said surety will pay said awards, to the 
 extent of its liability under said bond, upon the expiration of thirty days after the same 
 become final, without regard to any proceedings for the liquidation or reinstatement of 
 said insurance carrier. It shall be further provided in said bond, but as a cumulative 
 remedy only, that, in the event said insurance carrier shall fail to pay any award 
 which shall be rendered against it by said industrial accident commission within thirty 
 days after the same becomes final, an award may be rendered by said commission 
 against said suretj'^ and in favor of said insurance commissioner as trustee for the bene- 
 ficiary of said award without notice to said surety for the amount of the unpaid portion 
 of said award against said can*ier. Said industrial accident commission is hereby vested 
 with the same full power, authority and jurisdiction as to such awards against said 
 sureties in such cases as it has over said insurance carrier, and it shall issue a certified 
 copy thereof upon the application of any party affected thereby. Said party may file 
 a certified copy of any such award in the office of the clerk of the superior court of any 
 county or city and county of the state of California, and, upon the filing of the same, 
 said clerk shall immediately enter a judgment thereon against said surety. Said certi- 
 fied copy of said award and said judgment shall constitute the judgment roll and shall 
 conclusively establish the liability of said surety without any additional evidence in
 
 Act UlOOb, g§ 3-7 GENKRAL LAWS. 1098 
 
 any and all proceedings to renew said judgment or to enforce the payment thereof. 
 Said bond shall provide for the payment of all legal costs, including reasonable 
 attorneys' fees, incurred in all actions or proceedings taken to enforce payment of 
 said bonds or payment of said awards or said judgments against said surety. No 
 stay of execution of any such judgment shall be granted except upon the order of 
 said industrial accident commission. Nothing herein contained shall operate to 
 enlarge the liability of said surety beyond the penal sum of its bond. Payment of 
 awards by said surety aggregating the amount of its bond shall constitute a full dis- 
 charge of all liability under said bond. 
 
 Filing of new bond each year. 
 
 ^ 3. Every such insurance carrier shall on or prior to the first day of July of the 
 year A. D. 1918, and of each succeeding year, file in the office of the insurance com- 
 missioner of this state a new bond conditioned as aforesaid in an amount not less than 
 the amount of the reserve for outstanding losses of said insurance carrier on compen- 
 sation insurance in this state on the thirty-first day of the month of December of the 
 preceding year, as shown by its last report of said business filed in the office of said 
 insurance commissioner, nor for more than double the amount of said reserve, but in 
 no case for less than the sum of one hundred thousand dollars, except where said insur- 
 ance carrier has ceased to do such business in this state, in which case said bond shall 
 l)e fixed by said insurance commissioner at such amount as he may deem sufficient for 
 the protection of the beneficiaries of the policies of such insurance caiTier. UiDon the 
 filing of said new bond, approved as herein required, and not until such filing and 
 approval, all liability under the previous bond shall thereby terminate. Said new bond 
 shall embrace the entire liability of said previous bond except in so far as the same 
 may have been paid or discharged. 
 
 Financial ability of surety. 
 
 ^ 4. Said insurance commissioner shall, before approving any such bond, satisfy him- 
 self of the financial ability of the surety to assume the obligations imposed thereby, and 
 no company shall be accepted by him as surety which shall have assumed obligations 
 in excess of the limits prescribed by standards of suretyship recognized as reasonable 
 and proper and which it shall be the duty of said commissioner to promulgate for uni- 
 form application in such cases. 
 
 No authorization Issued until bond filed. 
 
 § 5. No authorization shall be issued or renewed to any insurance carrier to transact 
 the business of workmen's compensation insurance in this state, until it has filed said 
 bond with the insurance commissioner and the same has been approved by him. It 
 shall be the duty of the insurance commissioner to notify the industrial accident com- 
 mission of the approval and filing of every bond given pursuant to the provisions of 
 this act. 
 
 Additional bond. 
 
 § 6. The insurance commissioner shall have the right, and it shall be his duty, to 
 reqiiire any such insurance carrier at any time to file an additional bond, conditioned as 
 aforesaid, if the amount of the bond then on file is in his judgment insufficient to cover 
 the liability of said insurance carrier for said compensation, or if the surety on said 
 bond has become insufficient in the judgment of the said commissioner. 
 
 Liability of two or more sureties. 
 
 § 7. Two or more surety companies may be accepted as sureties on said bond, or 
 separate bonds may be executed by different sureties for amounts aggregating the sum 
 specified by the said commissioner. In such cases each of said sureties shall be jointly 
 and severally liable to the extent of the amount of the liability assumed by it.
 
 J009 INDUSTRIAL ACCIDENT COMMISSION. Act 2106b. §§ 8-12 
 
 Lialiility of sureties. 
 
 $ 8. The liability of the sureties under the bonds hereby required to be given shall 
 be the entire liability of the principals named therein, not exceeding the amount of said 
 bonds or the limit of the liability assumed by anj' such surety, for the payment of 
 awards of compensation rendered or to be rendered against said principals by said 
 industrial accident commission under the terms of the workmen's compensation insur- 
 ance and safety act and acts amendatory thereof and supplementary thereto, without 
 regard to the time when the injury upon which an award was based may have occurred, 
 but said bond shall not include any other liability of said carrier nor shall any payment 
 made under any such bond by said §urety be applied otherwise than in satisfaction of 
 awards of compensation rendered by said industrial accident commission. 
 
 Insurance commissioner may act as trustee. 
 
 $ 9. Full power and authority is hereby conferred upon said insurance commissioner 
 to act as trustee for all beneficiaries under awards rendered by said industrial accident 
 commission, and he may take assignments in his own name as trustee and as such he 
 shall have the authority to institute and maintain actions against said sureties, and, 
 upon the collection by him by suit or otherwise of the amount of said awards, he shall 
 pay the same to the parties entitled thereto. The payment of any such award or part 
 thereof by said insurance commissioner shall constitute a satisfaction thereof to the 
 extent of the payment made and, in the event any judgment shall have been entered 
 on any such award, the said commissioner shall file a satisfaction thereof, to the 
 extent of said payment, in the office of the clerk of the court wherein such judgment 
 has been entered. 
 
 Right of surety to require new bond of principal 
 
 ^ 10. Any such surety shall have the right to require the principal on its bond, on 
 thirty days' notice, to furnish a new bond, to be approved by the insurance commis- 
 sioner as in other cases, and, in the event of a failure to do so, said principal shall 
 forfeit the right to continue to issue compensation policies in this state. 
 
 Deposit of security with state treasurer. 
 
 ^ 11. Any compensation insurance carrier may, in lieu of said bond and subject to 
 the same conditions, deposit with the state treasurer, through the insurance commis- 
 sioner, from time to time as may be demanded by said commissioner, cash or approved 
 interest-bearing securities readily convertible into cash, equal to the reserves for out- 
 standing losses required by section six hundred two (a) of the Political Code at the 
 time of said deposit, on the compensation business of said carrier in the state of Cali- 
 fornia, calculated as hereinbefore provided, as security for the payment of its obliga- 
 tions on said business done in this state, and said deposit shall not be withdrawn except 
 upon the written order of the insurance commissioner in payment of compensation 
 claims, but shall be forthwith payable by the state treasurer to the insurance com- 
 missioner upon such order; provided, that any such deposit, or any remainder thereof, 
 may be repaid to such carrier upon satisfactory showing to the insurance commissioner 
 that every liability to pay compensation shall have been reinsured with a solvent car- 
 rier or fully paid and discharged. Said deposit shall be used only for the payment of 
 compensation claims so long as there shall remain unpaid any such claim or any part 
 thereof. 
 
 Revocation of certificate. 
 
 § 12. The insurance commissioner shall have power to revoke the certificate of 
 authority to transact compensation insurance business in this state of any insurance 
 carrier failing to comply with the requirements of this act.
 
 Act 2107, e§ 1-3 GBNKRAL. LA^VS. 1100 
 
 CHAPTER 161. 
 
 INDUSTRIAL LOAN COMPANIES. 
 See tit. "Corporations." 
 
 INDUSTRIAL WELFARE COMMISSION. 
 
 References: See, generally, tits. "Hours of Labor"; "Labor Bureau"; "Master and 
 Servant." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2107. Industrial Welfare Commission Act. 
 
 INDUSTRIAL WELFARE COMMISSION ACT. 
 ACT 2107 — An act regulating the employment of women and minors and establishing 
 an industrial welfare commission to investigate and deal with such emplojnnent, in- 
 cluding a minimum wage; providing for an appropriation therefor and fixing a 
 penalty for violations of this act. 
 
 History: Approved May 26, 1913. In effect August 8, 1913. Stats. 
 1913, p. 632. Amended May 29, 1915, In effect August 8. 1915. Stats. 
 1915, p. 950; May 5, 1919, In effect July 22, 1919, Stats. 1919, p. 302. 
 
 Industrial welfare commission established. 
 
 $ 1. There is hereby established a commission to be known as the industrial welfare 
 commission, hereinafter called the commission. Said commission shall be composed of 
 five persons, at least one of whom shall be a woman, and all of whom shall be appointed 
 by the governor as follows : two for the term of one year, one for the term of two years, 
 one for the term of three years, and one for the term of four years; provided, however, 
 that at the expiration of their respective terms, their successors shall be appointed to 
 serve a full term of four years. Any vacancies shall be similarly filled for the unexpired 
 portion of the term in which the vacancy shall occur. Three members of the commis- 
 sion shall constitute a quorum. A vacancy on the commission shall not impair the right 
 of the remaining members to perform all the duties and exercise all the powers and 
 authority of the commission. 
 
 Compensation. Secretary. 
 
 $ 2. The members of said commission shall draw no salaries but all of said members 
 shall be allowed ten dollars per diem while engaged in the performance of their official 
 duties. The commission may employ a secretary, and such expert, clerical and other 
 assistants as may be necessarj' to carry out the purposes of this act, and shall fix the 
 compensation of such emploj^ees, and may, also, to cairy out such purposes, incur rea- 
 sonable and necessary office and other expenses, including the necessary traveling 
 expenses of the members of the commission, of its secretary, of its experts, and of its 
 clerks and other assistants and employees. All employees of the commission shall hold 
 office at the pleasure of the commission. 
 
 Duties. 
 
 ^ 3. (a) It shall be the duty of the commission to ascertain the wages paid, the hours 
 and conditions of labor and employment in the various occupations, trades, and indus- 
 tries in which women and minors are employed in the state of California, and to make 
 investigations into the comfort, health, safety and welfare of such women and minors. 
 
 Information to be furnished commission. 
 
 (b) It shall be the duty of every person, firm or corporation employing labor in this 
 state: 
 
 1. To furnish to the commission, at its request, any and all reports or information 
 which the commission may require to carry out the purposes of this act, such reports
 
 1101 INDUSTRIAL WELFARE COMMISSION. Act 2107, §8 3 ^^-5 
 
 and information to be verified by the oath of the person, or a member of the firm, or 
 the president, secretary, or manager of the corporation furnishing the same, if and when 
 so requested by the commission or any member thereof. 
 
 2. To allow any member of the commission, or its secretary, or any of its duly author- 
 ized experts or employees, free access to the place of business or employment of such 
 person, firm, or corporation, for the purpose of making any investigation authorized by 
 this act, or to make inspection of, or excerpts from, all books, reports, contracts, pay 
 rolls, documents, or papers, of such person, firm or corporation relating to the employ- 
 ment of labor and payment therefor by such person, firm or corporation. 
 
 3. To keep a register of the names, ages, and residence addresses of all women and 
 minors employed. 
 
 Minor defined. 
 
 (c) For the purposes of this act, a minor is defined to be a person of either sex under 
 the age of eighteen years. 
 
 Power to issue subpoenas, etc. 
 
 § 3I/2. Any member of the commission or deputies duly authorized by it in writing, 
 shall have the power and authority to issue subpoenas to compel the attendance of wit- 
 nesses or parties and the production of books, papers, pay rolls or records, and to 
 administer oaths and to examine witnesses under oaths and to take the verification or 
 proof of instruments of writing, and to take depositions and affidavits for the purpose 
 of carrying out the provisions of this act, or any of its orders, rules or regulations ; pro- 
 vided, that no witness shall be compelled to attend on said commission outside of the 
 county in which said witness resides or at a distance greater than fifty miles from his 
 place of residence. 
 
 Obedience to subpoenas issued by the commission or its duly authorized representa- 
 tives shall be enforced in the superior courts of the county or city and county in which 
 the subpoenas were issued. [New section added May 5, 1919. In effect July 22, 1919, 
 Stats. 1919, p. 302.] 
 
 Public hearings. 
 
 ft 4. The commission may specify times to hold public hearings, at which times, em- 
 ployers, employees, or other interested persons, may appear and give testimony as to 
 the matter under consideration. The commission or any member thereof shall have 
 power to subpoena Avitnesses and to administer oaths. All witnesses subpoenaed by 
 the commission shall be paid the fees and mileage fixed by law in civil cases. In case 
 of failure on the part of any person to comply with any order of the commission or 
 any member thereof, or any subpoena, or u^Don the refusal of any witness to testify to 
 any matter regarding which he may lawfully be interrogated before any wage board or 
 the commission, it shall be the duty of the superior court or the judge thereof, on the 
 application of a member of the commission, to compel obedience in the same manner, 
 by contempt proceedings or otherwise, that such obedience would be compelled in a pro- 
 ceeding pending before said court. The commission shall have power to make and 
 enforce reasonable and proper rules of practice and procedure and shall not be bound 
 by the technical rules of evidence. 
 
 Conference of "wage board." Compensation. Report of wage board. 
 
 $ 5. If, after investigation, the commission is of the opinion that, in any occupation, 
 trade, or industry', the wages paid to women and minors are inadequate to supply the 
 cost of proper living, or the hours or conditions of labor are prejudicial to the health, 
 morals or welfare of the workers, the commission may call a conference, hereinafter 
 called "wage board," composed of an equal number of representatives of employers 
 and employees in the occupation, trade, or industry in question, and a representative
 
 Act 2107, e 6 GENERAL LAWS. 1102 
 
 of the commission to be designated by it, who shall act as the chairman of the wage 
 board. The members of such wage board shall be allowed five dollars per diem and 
 necessary traveling expenses while engaged in such conferences. The commission shall 
 make rules and regulations governing the number and selection of the members and the 
 mode of procedure of such wage board, and shall exercise exclusive jurisdiction over all 
 questions arising as to the validity of the procedure and of the recommendations of such 
 wage board. The proceedings and deliberations of such wage board shall be made a 
 matter of record for the use of the commission, and shall be admissible as evidence in 
 any proceedings before the commission. On request of the commission, it shall be the 
 duty of such wage board to report to the commission its findings, including therein: 
 
 1. An estimate of the minimum wage adequate to supply to women and minors 
 engaged in the occupation, trade or industry in question, the necessary cost of proper 
 living and to maintain the health and welfare of such women and minors. 
 
 2. The number of hours of work per day in the occupation, trade or industry in ques- 
 tion, consistent with the health and welfare of such women and minors. 
 
 3. The standard conditions of labor in the occupation, trade or industry in question, 
 demanded by the health and welfare of such women and minors. 
 
 Power to fix wages, hours, etc. Notice of hearing. 
 
 § 6. (a) The commission shall have further power after a public hearing had upon 
 its own motion or upon petition, to fix: 
 
 1. A minimum wage to be paid to women and minors engaged in any occupation, 
 trade or industry in this state, which shall not be less than a wage adequate to supply 
 to such women and minors the necessary cost of proper living and to maintain the 
 health and welfare of such women and minors. 
 
 2. The maximum hours of work consistent with the health and welfare of women and 
 minors engaged in any occupation, trade or industry in this state; provided, that the 
 hours so fixed shall not be more than the maximum now or hereafter fixed by law. 
 
 3. The standard conditions of labor demanded by the health and welfare of the 
 women and minors engaged in any occupation, trade or industry in this state. 
 
 (b) Upon the fixing of the time and place for the holding of a hearing for the pur- 
 pose of considering and acting upon any matters referred to it in subsection (a) hereof, 
 the commission shall give public notice by advertisement in at least one newspaper pub- 
 lished in each of the cities of Los Angeles, Oakland, and Sacramento, and in the city 
 and county of San Francisco, and shall give due notice in at least one newspaper pub- 
 lished in each of the cities of Fresno, Eureka, San Diego, Long Beach, Alameda, Berke- 
 ley and Stockton, and by mailing a copy of said notice to the county recorder of each 
 county in the state to be posted at the court house of each county, or city and county, 
 and to each association of employers or employees of fifteen or more members within 
 the state of California which shall file with the commission a written request for such 
 notice of such hearing and purpose thereof; which notice shall state the time and place 
 fixed for such hearing, which shall not be earlier than fourteen days from the date of 
 publication and mailing of such notices. 
 
 Mandatory order specifsring wages. Notice to employer. 
 
 (c) After such public hearing, the commission may, in its discretion, make a manda- 
 tory order to be effective in sixty days from the making of such order, specifying the 
 minimum wage for women or minors in the occupation in question, and the maximum 
 hours' provided, that the hours specified shall not be more than the maximum for 
 women or minors in California, and the standard conditions of labor for said women or 
 minors; provided, however, that no such order shall become effective until after April 1, 
 1914. Such order shall be published in at least one newspaper in each of the cities of 
 Los Ano-eles and Sacramento and in the city and county of San Francisco, and a copy
 
 1103 INDUSTRIAL AVE^LFARE] COMMISSION^. Act 2107, §§ 7-11 
 
 thereof be mailed to the county recorder of each county in the state, and such copy shall 
 be filed without charge. The industrial welfare commission shall send by mail, so far 
 as practicable, to each employer in the occupation in question, a copy of the order, and 
 each employer shall be required to post a copy of such order in the building in which 
 women or minors affected by the order are employed. Failure to mail notice to the 
 employer shall not relieve the employer from the duty to comply with such order. Find- 
 ing by the commission that there has been such publication and mailing to county 
 recorders shall be conclusive as to service. [Amendment of May 5, 1919. In effect 
 July 22, 1919, Stats. 1919, p. 303.] 
 
 Order may be rescinded or amended. 
 
 § 7. Whenever wages, or hours, or conditions of labor have been so made mandatory 
 in any occupation, trade, or industry, the commission may at any time in its discretion, 
 upon its own motion or upon petition of either employers or employees, after a public 
 hearing held upon the notice prescribed for an original hearing, rescind, alter or amend 
 any prior order. Any order rescinding a prior order shall have the same effect as 
 herein provided for in an original order. 
 
 License for emplojrment for less than minimnm wage. 
 
 § 8. (a) For any occupation in which a minimum wage has been established, the 
 commission may issue to a woman physically defective by age or otherwise, a special 
 license authorizing the employment of such licensee, for a period of six months, for a 
 wage less than such legal minimum wage; and the commission shall fix a special mini- 
 mum wage for such person. Any such license may be renewed for like periods of 
 six months. 
 
 License for apprentices. 
 
 (b) For any occupation in which a minimum wage has been established, the com- 
 mission may issue to an apprentice or learner, a special license authorizing the employ- 
 ment of such apprentice or learner, for such time and under such conditions as the com- 
 mission may determine at a wage less than such legal minimum wage; and the commis- 
 sion shall fix a special wage for such apprentice or learner. 
 
 (c) The commission may fix the maximum number of women, and minors under 
 eighteen years of age, to be employed under the licenses provided for in subdivisions 
 (a) and (b) of this section in any occupation, trade, industry or establishment in which 
 a minimum wage has been established. [Amendment of May 29, 1915. In effect Au- 
 gust 8, 1915, Stats. 1915, p. 950.] 
 
 Statistics. 
 
 $ 9. Upon the request of the commission, the labor commissioner shall cause such sta- 
 tistics and other data and information to be gathered, and investigations made, as the 
 commission may require. The cost thereof shall be paid out of the appropriations made 
 for the expenses of the commission. 
 
 Discharging employee who testifies, misdemeanor. 
 
 § 10. Any employer who discharges, or threatens to discharge, or in any other man- 
 ner discriminates against any employee because such employee has testified or is about 
 to testify, or because such employer believes that said employee may testify in any 
 investigation or proceedings relative to the enforcement of this act, shall be deemed 
 guilty of a misdemeanor. 
 
 Payment of less than minimnm wage, unlawful. Penalty. 
 
 $ 11. The minimum wage for women and minors fixed by said commission as in this 
 act provided, shall be the minimum wage to be paid to such employees, and the payment
 
 Act 2107, g§ lib, 12 GENERAL I>AWS. 1104 
 
 to such employees of a less wage than the minimum so fixed shall be unlawful, and 
 every employer or other person who, either individually or as an officer, agent, or em- 
 ployee of a corporation or other person, paj-s or causes to be paid to any such employee 
 a wage less than such minimum, sliall be guilty of a misdemeanor, and iipon conviction 
 thereof shall be punished by a fine of not less than fifty dollars, or by imprisonment 
 for not less than thirty days, or by both such fine and imprisonment; and every em- 
 ployer or other person who, either individually or as an officer, agent or employee of a 
 corporation, or other persons, violates or refuses or neglects to comply with the pro- 
 visions of this act, or any orders or rulings of this commission, shall be guilty of a 
 misdemeanor, and upon conviction thereof be punished by a fine of not less than fifty 
 dollars, or by imprisonment for not less than thirty days, or by both such fine and 
 imprisonment. [Amendment of May 29, 1915. In effect August 8, 1915, Stats. 1915, 
 p. 950.] 
 
 Enforcement. 
 
 $ lib. It shall be the duty of the industrial welfare commission to enforce the pro- 
 visions of this act and compliance with its orders, rules and regulations. Full power 
 and authority is hereby vested in the commission to take such action as may be deemed 
 essential for such purposes. [New section added May 5, 1919. In effect July 22, 1919, 
 Stats. 1919, p. 304.] 
 
 Prosecution. Findings of fact conclusive. Complaint served with summons. Hearing. 
 ^ 12. In every prosecution for violation of any provision of this act, the minimum 
 wage, the maximum hours of work and the standard conditions of labor fixed by the 
 commission as herein provided, shall be prima facie presumed to be reasonable and 
 lawful, and to be the living wage, the maximum hours of work and standard conditions 
 of labor required herein. The findings of fact made by the commission acting within 
 its powers shall, in the absence of fraud, be conclusive; and the determination made 
 by the commission shall be subject to review only in a manner and upon the gfrounds 
 following: Within twenty days from the date of the determination, any party 
 aggrieved thereby may commence in the superior court in and for the city and county 
 of San Francisco, or in and for the counties of Los Angeles or Sacramento, an action 
 against the commission for review of such determination. In such action a complaint, 
 which shall state the grounds upon which a review is sought, shall be served with the 
 summons. Service upon the secretary of the commission, or any member of the com- 
 mission, shall be deemed a complete service. The commission shall serve its answer 
 within twenty' days after the service of the complaint. With its answer, the commis- 
 sion shall make a return to the court of all documents and papers on file in the matter, 
 and of all testimony and evidence which may have been taken before it, and of its 
 findings and the determination. The action may thereupon be brought on for hearing 
 before the court upon such record by either party on ten days' notice of the other. Upon 
 such hearing, the court may confirm or set aside such determination ; but the same shall 
 be set aside only upon the following grounds : 
 
 (1) That the commission acted without or in excess of its powers. 
 
 (2) That the determination was procured by fraud. 
 
 Controversy recommitted. 
 
 Upon the setting aside of any determination the court may recommit the controversy 
 and remand the record in the case to the commission for further proceedings. The com- 
 mission, or any party aggrieved, by a decree entered upon the review of a determina- 
 tion, may appeal therefrom within the time and in the manner provided for an appeal 
 from the orders of the said superior court. [Amendment of May 25, 1915. In effect 
 August 8, 1915, Stats. 1915, p. 951.] 
 
 J
 
 1105 INDUSTRIAL. WELFARE COMMISSION. Act 2107, g§ 13-19 
 
 Employee may sue for unpaid balance. 
 
 § 13. Any employee receiving less than the legal minimum wage applicable to such 
 employee shall be entitled to recover in civil action the unpaid balance of the full 
 amount of such minimum wage, together with costs of suit, notwithstanding any agree- 
 ment to work for such lesser wage. 
 
 Complaints. 
 
 § 14. Any person may register with the commission a complaint that the wages 
 paid to an employee for whom a living rate has been established, are less than that 
 rate, and the commission shall investigate the matter and take all proceedings necessary 
 to enforce the payment of a wage not less than the living wage. 
 
 Biennial report. 
 
 § 15. The commission shall biennially make a report to the governor and the state 
 legislature of its investigations and proceedings. 
 
 Appropriation. 
 
 § 16. There is hereby appropriated annually out of the moneys of the state treasury, 
 not otherwise appropriated, the sum of fifteen thousand dollars, to be used by the com- 
 mission in carrying out the provisions of this act, and the controller is hereby directed 
 from time to time to draw his warrants on the general fund in favor of the commission 
 for the amounts expended under its direction, and the treasurer is hereby authorized 
 and directed to pay the same. 
 
 Not board of arbitration. 
 
 $ 17. The commission shall not act as a board of arbitration during a strike or 
 lock-out. 
 
 Interpretation of act. Constitutionality. 
 
 ^ 18. (a) Whenever this act, or any part or section thereof, is interpreted by a 
 court, it shall be liberally construed by such court. 
 
 (b) If any section, subsection, or subdivision of this act is for any reason held to be 
 unconstitutional, such decision shall not affect the validity of the remaining portions 
 of this act. The legislature hereby declares that it would have passed this act, and 
 each section, subsection, subdivision, sentence, clause and phrase thereof; irrespective 
 of the fact that any one or more sections, subsections, subdivisions, sentences, clauses 
 or phrases is declared unconstitutionaL 
 
 Act applies to all occupations. 
 
 § 19. The provisions of this act shall apply to and include women and minors em- 
 ployed in any occupation, trade or industry, and whose compensation for labor is 
 measured by time, piece or otherwise. 
 
 Gen. Laws — 70
 
 Act 2110.. §g 1-3 GENERAL LAWS. 1106 
 
 CHAPTER 162. 
 
 INFANTS. 
 
 References; See, generally, tits. "Juvenile Court"; "Orphan Asylums"; "Preston School 
 
 of Industry"; "Whittier State School." 
 Abandonment and neglect of, see Kerr's Cyc. Penal Code, §§ 270, et seq. 
 Abduction of, see Kerr's Cyc. Penal Code, § 267. 
 
 Care and custody of minor children, see Kerr's Cyc. Civil Code, §§ 198, 199. 
 Child stealing, see Kerr's Cyc. Penal Code, § 278. 
 
 Contract rights and obligations, see Kerr's Cyc. Citil Code, §§ 33, 34, 1556, 1557. 
 Crimes against children, see Kerr's Cyc. Penal Code, § 288. 
 Cruelty to children, see Kerr's Cyc. Penal Code, § 273a. 
 
 Employment of children in places of amusement, see Kerr's Cyc. Penal Code, § 272. 
 Entering saloons, etc., see Kerr's Cyc. Penal Code, §§ 273e, 273f ; Kerr's Cyc. Civil 
 
 Code, § G07g. 
 Guardianship, etc., see Kerr's Cyc. Code Civil Procedure, §§ 1747, et seq. 
 Parent and child, see Kerr's Cyc. Civil Code, §§ 193, et seq. 
 Placing of infants under sixteen in prison, see Kerr's Cyc. Penal Code, § 273b. 
 Rape of female infant, see Kerr's Cyc. Penal Code, § 261. 
 Sale of intoxicating liquors to, see Kerr's Cyc. Penal Code, § 397b. 
 Societies for the prevention of cruelty to children, see Kerr's Cyc. Civil Code, 
 
 §§ 607, et seq. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2110. Attending Pkize-Fights and Cock-Fights. 
 2113. Child Labor Law of 1905. 
 2113a. Child Labor Law of 1919. 
 2115. Minors Under Eighteen — Engaging in Business at Night. 
 
 ATTENDING PRIZE-FIGHTS AND COCK-FIGHTS. 
 ACT 2110 — An act to prevent any minor under the age of eighteen years visiting any 
 prize-fight, cock-fight, or place where any prize-fight or cock-fight is advertised or 
 represented to take place and to provide a punishment therefor. 
 
 History: Approved April 17, 1909, Stats. 1909, p. 983. 
 
 Minors under sixteen shall not visit prize-fights or cock-fights. 
 
 § 1. It shall be unlawful for any minor under the age of sixteen years to visit or 
 attend any prize-fight, cock-fight, or place where any prize-fight, coek-fight, or place 
 where any prize-fight or cock-fight is advertised to take place. 
 
 Minors under eighteen not to he admitted. 
 
 $ 2. It shall be unlawful for the owner, lessee or proprietor, or the agent of any 
 owner, lessee or proprietor of any place where any prize-fight or cock-fight is adver- 
 tised or represented to take place to admit any minor under the age of eighteen years 
 to such a place where any prize-fight or cock-fight is advertised or represented to take 
 place; or to admit, or to sell or give away to any such minor a ticket or other paper 
 by which said minor might be admitted to such place where such prize-fight or cock-fight 
 is advertised to take place. 
 
 Misdemeanor. 
 
 § 3. Every person violating any of the provisions of the preceding sections is guilty 
 of a misdemeanor, and shall be punished by a fine of not exceeding fifty dollars, or be 
 imprisoned in county jail not more than twenty-five days. 
 
 Prlze-tishUt and covk.-fisht« are prohibited, see Kerr's Cyc Penal Code, H 412, 597c. 
 
 ^
 
 1107 
 
 INFAJVTS. 
 
 Act 2113 
 
 CHILD LABOR LAW OF 1905. 
 ACT 2113 — An act regulating the employment and hours of labor of children — prohib- 
 iting the employment of minors under certain ages — prohibiting the emplojnnent 
 of certain illiterate minors — providing for the enforcement hereof by the com- 
 missioner of the bureau of labor statistics and providing penalties for the violation 
 hereof. 
 
 History: Approved February 20, 1905, Stats. 1905, p. 11. Amended 
 (1) March 19, 1907, Stats. 1907, p. 598; (2) March 23, 1907, Stats. 1907, 
 p. 978; (3) March 8, 1909, Stats. 1909, p. 211; (4) March 15, 1909, Stats. 
 1909, p. 387; (5) March 6, 1911, Stats. 1911, p. 282; (6) April 4, 1911, 
 Stats. 1911, p. 910; (7) June 2, 1913, in effect August 10, 1913, Stats. 
 1913, p. 364; (8) June 5, 1915, in effect August 8, 1915, Stats. 1915, 
 p. 1201; (9) May 22, 1917, in effect July 27, 1917, Stats. 1917, p. 826; 
 (10) May 10, 1919, in effect July 22, 1919, Stats. 1919, p. 393. The 
 amendments of April 14, 1911 (Stats. 1911, p. 910), of 1913 and 1915, 
 were of the entire act, to which the amendment of 1915 added four new 
 sections. Prior act of February 8, 1889, Stats. 1889, p. 4, was super- 
 seded by the act of March 23, 1901, Stats. 1901, p. 631, which was in 
 turn superseded by the present act. The present act was undoubtedly 
 superseded by the act of 1919, see Act 2113a. 
 
 See new section. Stats. 1905, ch. LXXV; 
 Kerr's Cyc. Pen. Code, § 273, relative to 
 minors entering saloons, gambling houses, 
 and other immoral places. 
 
 Dnty to warn of danger infant employees. 
 — See 1 Am. St. Rep. 28. 
 
 Violation of statute prohibiting' employ- 
 ment of minors — Evidence of negligence. — 
 See 61 L. R. A. 811. 
 
 Duration daily session. — Pol. Code, § 1673. 
 
 School month defined. — Pol. Code, § 1697. 
 
 1. Constitutionality — Special law. — The 
 act is not a special law for the punishment 
 of a crime where a general law could be 
 made applicable, in violation of section 25, 
 subdivisions 2 and 33, article IV, of the 
 constitution. — In re Spencer, 149 Cal. 396, 
 117 Am. St. Rep. 137, 9 Ann. Cas. 1105, 86 
 Pac. 896. 
 
 2. Same — Not discriminatory. — The act 
 is not discriminatory in conflict with sec- 
 tions 11 and 21 of article I, of the constitu- 
 tion. — In re Spencer, 149 Cal. 396, 117 Am. 
 St. Rep. 137. 9 Ann. Cas. 1105, 86 Pac. 896. 
 
 2a. Same — Same. — The provisions of sec- 
 tion 2 as to hours of labor allowed in the 
 case of children who can "read English at 
 sight and write simple English sentences" 
 is not an unreasonable discrimination 
 against illiterate children. — In re Spencer, 
 149 Cal. 396, 117 Am. St. Rep. 137, 9 Ann. 
 Cas. 1105, 86 Pac. 895. 
 
 3. Same — Legislative discretion. — The 
 preliminary questions as to the effect of 
 specified occupations on children engaged 
 therein, are questions of fact for the legis- 
 lature to determine, and if there is any 
 reasonable doubt as to the soundness of its 
 judgment in determining such questions, 
 such doubt must be resolved in favor of the 
 act of its validity. — In re Spencer, 149 Cal. 
 396, 117 Am. St. Rep. 137, 9 Ann. Cas. 1105. 
 86 Pac. 895. 
 
 4. Same— Classification of forbidden call- 
 ings. — The specifications of forbidden call- 
 ings are broad and comprehensive, and it 
 can not be said of the omitted callings that 
 a saloon is not a "mercantile institution," a 
 barber shop, a "workshop," or of ferries 
 
 and railroads, that they are not engaged In 
 the "distribution or transmission of mer- 
 chandise or messages." — In re Spencer, 149 
 Cal. 396, 117 Am. St. Rep. 137, 9 Ann. Cas. 
 1105, 86 Pac. 895. 
 
 5. Construction — Proliibited occupations 
 — Scope of permit. — The proviso permitting 
 children over twelve years old to work at 
 the prohibited occupations, during regular 
 school vacations, upon a permit from the 
 principal of the public school attended by 
 such child, does not give the principal ex- 
 clusive power to issue such permit, but its 
 true meaning is that the permit can extend 
 only to the time of the public school va- 
 cation. — In re Spencer, 149 Cal. 396, 117 
 Am. St. Rep. 137, 9 Ann. Cas. 1105, 86 Pac. 
 895. 
 
 6. Same — Same— Children over tvrelve. — 
 The proviso permitting children over 
 twelve years old to work In the prohibited 
 occupations, where the parents are unable, 
 from sickness, to labor, does not discrim- 
 inate against orphans or abandoned chil- 
 dren, the proviso not being for the benefit 
 of the child, but of the parent, and where 
 there is no sick parent, tlie reason for the 
 exception is wanting. — In re Spencer, 149 
 Cal. 396, 117 Am. St. Rep. 137, 9 Ann. Cas. 
 1105, 86 Pac. 895. 
 
 7. Same — Act of March 24. 1903, Stats. 
 1903, p. SSS — Act 4554. — The provisions of 
 this act relating to attendance upon schools 
 must be construed with the provisions of 
 the act of March 24, 1903, Stats. 1903, p. 
 388. — In re Spencer, 149 Cal. 396, 117 Am. 
 St. Rep. 137, 9 Ann. Cas. 1105, 86 Pac. 895. 
 
 8. Same — Minors under eighteen — More 
 than nine hours in manufacturing, me- 
 chanical and mercantile eNtahlishments^ 
 Railroad watchman. — The provisions of sec- 
 tion 1 of the amended act of 1911 prohibit- 
 ing the employment of minors under 
 eighteen for more than nine hours in any 
 one day in manufacturing, mechanical, or 
 mercantile establishments, should not be 
 construed to forbid the employment of such 
 minor as a watchman in a railroad tunnel 
 for more than the time limited. — Williams
 
 Act 2113a, §8 1-3 GEXERAI. LAWS. 1108 
 
 V. Southern Pacific Co.; 173 Cal. 525; 160 Pac. JO. Instruction — W.-itolimnn In tnnnol 
 
 660. Employment for twelve honrti. — It was error 
 
 9. Same — Unlawful employment of child to instruct the jury in an action for the 
 
 is nesrllKcnce per He. — The employment of a death of a minor while employed as a 
 
 child under twelve years of age, in a manu- watchman in a railroad tunnel for twelve 
 
 facturing establishment (iron foundry) con- hours a day, that such employment was in 
 
 trary to the child labor act of 1905 consti- violation of this statute. — Williams v. 
 
 tuted negligence per se. — Scally v. Garratt Southern Pacific Co. 173 Cal, 525, 160 Pac. 
 
 & Co., 11 Cal. App. 138, 104 Pac. 325. 660. 
 
 CHTLD LABOR LAW OF 1919. 
 ACT 2113a — An act to "be known as the child lahor law, and regulating the employ- 
 ment, hours, kinds and conditions of labor of children; providing for the adminis- 
 tration and enforcement of the provisions of this act by the commissioner of the 
 bureau of labor statistics, providing penalties for the violation hereof and repealing 
 all acts and parts of acts inconsistent herewith. 
 
 History: Approved May 10, 1919. In effect July 22, 1919. Stats. 
 1919, p. 415. This act undoubtedly susperseded the prior act of 1905, 
 but the last amendment to that act went into effect on the same date 
 this act went into effect. See Act 2113. 
 
 Child labor regulated. 
 
 $ 1. No minor under the age of sixteen years shall be employed, permitted or 
 suffered to work in or in connection with any mercantile establishment, manufacturing 
 establishment, mechanical establishment, workshop, oflfiee, laundry, place of amuse- 
 ment, restaurant, hotel, apartment house, or in the distribution or transmission of 
 merchandise or messages, or in any other place of labor at any time except as may be 
 provided by the provisions of this act or by the provisions of an act entitled "An act 
 to enforce the educational rights of children and providing penalties for violation oi 
 the act," as now in force or as may be hereafter amended, or by the provisions of an 
 act entitled "An act to require certain high school districts to provide part-time edu- 
 cational opportunities in civic and vocational subjects for persons under eighteen years 
 of age, who are not in attendance upon full-time day schools, and part-time educa- 
 tional opportunities in citizenship for persons under twenty-one years of age who can 
 not adequately' speak, read or write the English language; to enforce attendance upon 
 such part-time classes where established, and providing penalties for violation of the 
 provisions of this act." 
 
 Work defined. 
 
 Work shall be deemed to be done for a manufacturing establishment within the mean- 
 ing of this act, whenever it is done at any place upon the work of a manufacturing 
 establishment, or upon any of the materials entering into the products of a manu- 
 facturing establishment, whether under contract or arrangement with any person in 
 charge of or connected with a manufacturing establishment directly or indirectly 
 through the instrumentality of one or more contractors or other third persons. 
 
 Eight-hour limit. Night work. 
 
 § 2. Except as otherwise provided in sections three, three and one-half and five 
 hereof no minor under the age of eighteen years shall be employed more than eight 
 hours in one day of twenty-four hours or more than forty-eight hours in one week, or 
 before the hour of five o'clock in the morning, or after the hour of ten o'clock in the 
 evening. 
 
 Messenger service. 
 
 $ 3. No girl under the age of eighteen years and no boy under the age of sixteen 
 years shall be employed, permitted or suffered to work as a messenger for any 
 telegraph, telephone or messenger company, or for the United States government or
 
 1109 IXFAXTS. Act 2113a, §§ 3Va, 4 
 
 any of its departments while operating a telegraph, telephone or messenger service, in 
 the distribution, transmission or delivery of goods or messages in towns of more than 
 fifteen thousand inhabitants, nor shall any boy under the age of eighteen years be 
 employed, permitted or suffered to engage in any of the work last mentioned before 
 the hour of six o 'clock in the morning or after the hour of nine o 'clock in the evening. 
 
 Street trades. Exception. 
 
 ^ SVo. No boy under ten years of age, nor girl under eighteen years of age. shall 
 be employed, permitted or suffered to work at any time in or in connection with the 
 street occupation of peddling, bootblacking, the sale or distribution of newspapers, 
 magazines, periodicals or circulars nor in any other occupation pursued in any street 
 or public place; provided, however, that nothing in this section shall be construed to 
 apply to cities whose population is less than twenty-three thousand according to the 
 last federal census. 
 
 Prohibited occupations. 
 
 ^ 4. No minor under the age of sixteen years shall be employed, permitted or 
 suffered to work in any capacity at any of the following occupations or in any of the 
 following positions, to wit : (1) Adjusting any belt to any machinery, or sewing or 
 lacing machine belts in any workshop or factory, or oiling, wiping or cleaning machin- 
 ery, or assisting therein, or operating or assisting in operating any of the following 
 machines: (a) Circular or band saws; (b) wood shapers; (c) wood jointers; (d) 
 planers; (e) sandpaper or wood-polishing machinery; (f) wood-turning or boring 
 machinery; (g) picker machines or machines used in picking wool, cotton, hair or any 
 other material; (h) carding machines; (i) paper-lace machines; (j) leather-burnishing 
 machines; (k) printing presses of all kinds; (1) boring or drill presses; (m) stamping 
 machines used in sheet-metal and tinware or in paper and leather manufacturing, or in 
 washer and nut factories; (n) metal or paper-cutting machines; (o) corner-staying 
 machines in paper box factories; (p) corrugating rolls, such as are used in corrugated 
 paper, roofing or washboard factories; (q) steam boilers; (r) dough brakes or cracker 
 machinery of any description; (s) wire or iron straightening or drawing machinery; 
 (t) rolling mill machinery; (u) power punches or shears; (v) washing, grinding or 
 mixing machinery; (w) calendar rolls in paper and rubber manufacturing; (x) launder- 
 ing machinery; or in proximity to any hazardous or unguarded belts, machinery or 
 gearing; or (2) upon any railroad, whether steam, electric or hydraulic; or (3) upon 
 any vessel or boat engaged in navigation or commerce within the jurisdiction of this 
 state; or (4) in, about, or in connection with any processes in which dangerous or 
 poisonous acids are used; or (5) in the manufacture or packing of paints, colors, white 
 or red lead; or (6) in soldering; or (7) in occupations causing dust in injurious quan- 
 tities; or (8) in the manufacture or use of dangerous or poisonous dj'es; or (9) in the 
 manufacture or preparation of compositions with dangerous or poisonous gases; or 
 (10) in the manufacture or use of compositions of lye in which the quantity thereof is 
 injurious to health; or (11) on scaffolding; or (12) in heavy work in the building 
 trades; or (13) in any tunnel or excavation; or (14) in, about or in connection with 
 any mine, coal breaker, coke oven, or quarry; or (15) in assorting, manufacturing or 
 packing tobacco; or (16) in operating any automobile, motor car or truck; or (17) in 
 a bowling alley; or (18) in a pool or billiard room; or (19) in any other occupation 
 dangerous to the life or limb, or injurious to the health or morals of such child; pro- 
 vided, however, that the provisions of this section shall not apply to the courses of 
 training in vocational or manual training schools or in state institutions. 
 
 Bureau of labor statistics to determine whether business is prohibited. 
 
 The bureau of labor statistics may, from time to time, after a hearing duly had, 
 detfirmine whether or not any particular trade, process of manufacture or occupation,
 
 Act 2113a. 88 5, 6 GENERAL I.AMS. 1110 
 
 in which the employment of children under the age of sixteen j'ears is not already 
 forbidden by law, or any i)articular method oT carrying on such trade, process of 
 manufacture or occupation, is sufficiently dangerous to the lives or limbs or injurious 
 to the health or morals of children under sixteen years of age to justify their exclusion 
 therefrom. No child under sixteen years of age shall be employed, permitted or 
 suffered to work in any occupation thus determined to be dangerous or injurious to 
 such children. There shall be a right of appeal to the superior court from any such 
 determination. 
 
 A.gricultural, etc., labor. Theatrical employment. 
 
 ^ 5. Nothing in this act shall be construed to prohibit the employment of minors 
 sixteen years of age or over at agricultural, horticultural, or viticultural, or domestic 
 labor for more than eight hours in one day or more than forty-eight hours in one 
 week. Nor shall anything in this act be construed to prohibit the employment of 
 minors at agricultural, horticultural, or viticultural, or domestic labor during the time 
 the public schools are not in session, or during other than school hours. For the purpose 
 of this act, horticultural shall be understood to include the curing and drying, but not 
 the canning, of all varieties of fruit. Nor shall anything in this act be construed to 
 prohibit any minor between the ages of fifteen and eighteen years, who is by any 
 statute or statutes of the state of California, now or hereafter in force, permitted to 
 be employed as an actor, or actress, or performer in a theater, or other place of amuse- 
 ment, previous to the hour of ten o'clock p. m., in the presentation of a performance, 
 play or drama, contim;ing from an earlier hour till after the hour of ten o 'clock p. m., 
 from performing his or her part in such presentation as such employee between the 
 hours of ten and twelve o'clock p. m. ; provided, the written consent of the commis- 
 sioner of the bureau of labor statistics is first obtained. Nor shall anything in this act 
 prevent, or be construed to prohibit, the employment of any minor, whether resident or 
 nonresident, in the presentation of a drama, play, performance, concert or entertain- 
 ment, with the written consent of the commissioner of the bureau of labor statistics, 
 but no such consent shall be given unless the officer giving it is satisfied that the 
 environment in which the drama, play, performance, concert or entertainment is to be 
 produced is a proper environment for the minor, and that the conditions of such em- 
 ployment are not detrimental to the health of such minor, and that the minor's educa- 
 tion will not be neglected or hampered by its participation in such drama, play, per- 
 formance, concert or entertainment, and the commissioner may require the person 
 charged with the issuance of age and schooling certificates to make the necessary 
 investigation into such conditions; and every such written consent shall specify the 
 name and age of the minor together with such other facts as may be necessary for 
 the proper identification of such minor, and the date when, and the theaters or other 
 places of amusement in which such drama, play, performance, concert or entertainment 
 is to be produced, and shall specify the drama, play, performance, concert or entertain- 
 ment in which the minor is permitted to participate, and every such consent shall be 
 revocable at the will of the officer giving it. Dramas and plays shall include the pro- 
 duction of motion picture plays. 
 
 Employer to keep register. 
 
 $ 6. Every person, firm, corporation or agent, or officer of a firm or corporation, 
 employing either directly, or indirectly through the instrumentality of one or more 
 contractors or other third persons, minors under the age of eighteen years, shall keep 
 a separate register containing the names, ages and addresses of such minor employees 
 and shall post and keep posted in a conspicuous place in every room where such 
 minors are employed, a written or printed notice stating the hours per day for each day 
 of the week required of such minors, and shall keep on file all permits and certificates
 
 1111 INFANTS. Act 2113a, §§ 7, S 
 
 either to work or to employ, issued under the provisions of this act, or under the provi- 
 sions of an act entitled "An act to enforce the educational rights of children and 
 providing penalties for the violation of the act," approved March 24, 1903, as amended. 
 Such records and files shall be open at all times to the inspection of the school attend- 
 ance and probation officers, the state board of education and the officers of the state 
 bureau of labor statistics. 
 
 All such certificates and permits to work or to employ shall be returned to the author- 
 ity issuing the same within five days after the minor quits his employment. Such 
 certificate or permit shall be subject to cancellation at any time by such commissioner 
 of the bureau of labor statistics, or by the authority issuing the same, whenever such 
 commissioner or such issuing authority shall find that the conditions for the legal 
 issuance of such certificate or permit no longer exist or have never existed. 
 
 Report by authority issuing permits. 
 
 At least once in even,' six months, to wit, on or before January tenth and on or 
 before July tenth of each year, the authority issuing all such permits and and certifi- 
 cates either to work or to employ, shall file a full written report of the same, stating 
 the names, ages and addresses of the minors under sixteen years of age affected thereby, 
 with the state bureau of labor statistics and the state board of education. 
 
 Penalty. 
 
 $ 7. Any person, firm, corporation, agent, or officer of a firm or corporation, em- 
 ploying either directly or indirectly through the instrumentality of one or more con- 
 tractors or other third persons, or any parent or guardian of a minor affected by this 
 act, who violates or omits to comply with any of the provisions hereof, or who employs 
 or suffers or permits any minqf to be employed in violation thereof, is guilty of a 
 misdemeanor, and shall upon conviction thereof, be punished by a fine of not less than 
 fifty dollars, nor more than two hundred dollars, by imprisonment in the county jail for 
 not more than sixty days, or by both such fine and imprisonment for each and every 
 offense. 
 
 Fines to be paid into school funds. Report of violation of act. 
 
 A failure to produce any permit or certificate either to work or to employ or to post 
 any notice required by this act shall be prima facie evidence of the illegal emploj'ment 
 of any minor whose permit or certificate is not so produced or whose name is not so 
 posted. Any fine collected under the provisions of this act shall be paid into the school 
 funds of the county, or city, or city and county, in which the offense occurred, except 
 such fines as are imposed and collected as the result of prosecutions by the officers of the 
 bureau of labor statistics, in which cases one-half of the resultant fine or fines shall be 
 paid into the state treasury and credited to the contingent fund of the bureau of labor 
 statistics and one-half paid into the school funds of the county, or city, or city and 
 county, in which the offense occurred. All reported violations of the provisions of this 
 act, whether prosecuted or not, must be reported in writing immediately after their 
 occurrence by the state bureau of labor statistics to the state board of education. 
 Such report shall state the name and address of the person or corporation charged with 
 such violation, the nature of such charge and the name, age and address of the minor 
 or minors affected thereby, and shall be followed, at least once in every six months, 
 to wit, on or before January tenth, and on or before July tenth of each year, by a 
 written summary of all violations of the provisions of this act which have occurred 
 during the preceding period of six months. 
 
 Duty of labor commissioner. 
 
 ^ 8. The bureau of labor statistics shall enforce the provisions of this act. The 
 commissioner, his deputies and agents, shall have all the powers and authority of
 
 Act 2115, §g 1,2 GENERAL, LAWS. 1112 
 
 sheriffs or other peace officers, to make arrests for violation of the provisions of this 
 act, and to sex've any process or notice throughout the state. 
 
 Duty of attendance ofl3.cers. 
 
 The attendance officer of any county, city and county, or school district in which 
 any place of employment, in this act named, is situated, or the probation officer of such 
 county, shall have the right and authority, at all times, enter into any such place of 
 employment for the purpose of investigating violations of the provisions of this act, 
 or violations of the provisions of an act entitled "An act to enforce the educational 
 rights of children and providing penalties for tha violation of the act," approved 
 March 24, 1903, and any act amending or superseding the same; provided, however, that 
 if such attendance or probation officer is denied entrance to such place of employment, 
 any magistrate may, upon the filing of an affidavit by such attendance or probation 
 officer setting forth the fact that he has a good cause to believe that the provisions of 
 this act, or the act hereinbefore referred to, are being violated in such place of employ- 
 ment, issue an order directing such attendance or probation officer to enter said place 
 of employment for the purpose of making such investigations. 
 
 Repealed. 
 
 § 9. All acts and parts of acts inconsistent herewith are hereby expressly repealed. 
 
 C onstitutionality. 
 
 § 10. If any section, subsection, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause and phrase thereof, irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses 
 or phrases be declared unconstitutional. 
 
 MINORS ENGAGING IN BUSINESS AT NIGHT. 
 ACT 2115 — An act to prohibit minors under the age of eighteen years to vend and 
 sell goods, engage in, or conduct any business between the hours of ten o'clock in the 
 evening and five o'clock in the morning, and providing penalties for violations 
 
 thereof. History: Approved May 1, 1911, Stats. 1911, p. 1341. 
 
 Unlawful for minor under eighteen to conduct business between 10 p. m. and 5 a. m. 
 
 ^ 1. It shall be unlawful for any minor under the age of eighteen years to vend and 
 sell goods, engage in, or conduct any business between the hours of ten o'clock in the 
 evening and five o'clock in the morning. 
 
 Punishment for violation of statute. 
 
 $ 2. Any person violating any of the provisions of this act shall be guilty of a mis- 
 demeanor and shall, upon conviction thereof, be punished by a fine of not more than 
 twenty dollars, or by imprisonment for not more than ten days, or by both such fine 
 and imprisonment for each offense. 
 
 INGLEWOOD. 
 
 See Act 3094, note. 
 
 INITIATIVE AND REFERENDUM. 
 
 See tit. "Municipal Corporations."
 
 1113 INSAXE ASYLUMS. Act 2134 
 
 CHAPTER 163. 
 
 INSANE ASYLUMS. 
 
 References: Cancellation of registration of insane person, see Kerr's Cvc. Political Code, 
 
 § 1106. 
 Contracts of Insane persons, see Kerr's Cyc. Civil Code, §§ 38, 39, 1556, 1557, 1587, 
 
 1996, 1997. 
 Custody of insane persons, see Kerr's Cyc. Civil Code, § 32. 
 
 Guardian of insane person, see Kerr's Cyc. Code Civil Procedure, §§ 1763, et seq. 
 Guardian ad litem of insane person, see Kerr's Cyc. Code Civil Procedure, §§ 372, 373. 
 Homestead of insane person, see Kerr's Cyc. Civil Code, §§ 1296a, et seq. 
 Insanity in criminal matters, see Kerr's Cyc. Penal Code, §§ 1367, et seq. 
 Intoxicating liquors, sale of near asylum, see Kerr's Cyc. Penal Code, § 172. 
 Lunacy commission, etc., see Kerr's Cyc. Political Code, §§ 2136, et seq. 
 Power of state to control or restrain insane persons, see Kerr's Cyc. Political Code, 
 
 §37. 
 Psychopathic parole act, see Kerr's Cyc. Political Code, § 2167b. 
 Restoration to sanity, certificate of, see Kerr's Cyc. Civil Code, § 40. 
 Torts of insane person, liability for, see Kerr's Cyc. Civil Code, § 41. 
 Vacancy in office, because of insanity, see Kerr's Cyc. Political Code, §§ 996, 997. 
 Voter, insane person can not be, see Kerr's Cyc. Political Code, § 1084. 
 See, generally, tit. "Feeble Minded." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2134. Stockton State Hospital — Armory Site. 
 
 2134a. Stockton State Hospital — Eemoval of Bodies From the Cemeteet. 
 
 2138. Stockton State Hospital — Condemning Certain Streets For. 
 
 2139. Napa State Hospital — Water Supply For. 
 
 2143a. Napa State Hospital — Right op Way for S. F., N. & C. Ry. 
 
 2145. Agnews State Hospital — Erection of Water Towers and Tanks. 
 
 2146. Agnews State Hospital — Replacing Buildings Destroyed in 1906. 
 
 2147. Agnews State Hospital — Conveyance op Certain Property to Western Dis- 
 
 tilleries. 
 2147a. Agnews State Hospital — Right of Way for Southern Pacific, 
 2147b. Agnews State Hospital — Confirming Sale to Western Industries Co. 
 
 2148. Agnews State Hospital — Cottage for Female Working Patients. 
 2150. Mendocino State Hospital — Change op Name. 
 
 2152. Southern California State Hospital — Right of Way for Railroad. 
 
 2153. Southern California State Hospital — Conveyance of Certain Water Rights. 
 
 2154. Southern California State Hospital — Right of Way for Electric Railroad. 
 
 2155. Southern California State Hospital — Ratification of Conveyance. 
 
 2156. NoRWALK State Hospital — Establishment Op. 
 2163. "Pacific Colony" Act. 
 
 STOCKTON STATE HOSPITAI^ARMORY SITE. 
 ACT 2134 — An act to provide for marking off and setting apart a portion of the Stock- 
 ton State Hospital grounds for a site upon wliich to construct an armory; to provide 
 for the conveyance and transfer of the lands comprising said proposed site by said 
 corporation through its proper officers, board of managers or their successors as 
 trustees of such property, to the state of California; to provide for the control and 
 management thereof; to provide for the construction and erection of an armory and 
 drill hall thereon, and appropriating money therefor. 
 
 History: Approved May 17, 1915. In effect August 8, 1915. Stats. 
 1915, p. 493. 
 This act provided for the setting apart and conveyance to the state of certain land in 
 the Stockton State Hospital grounds for a site for an armory and drill grounds.
 
 Acts 2134a-2146 GENERAL. LAWS. 1114 
 
 1 
 
 STOCKTON STATE HOSPITAI^REMOVAL OF BODIES FROM THE 
 
 CEMETERY. 
 ACT 2134a — An act providing for the removal of bodies from the cemetery at the 
 Stockton State Hospital and the disposition thereof and making an appropriation 
 therefor. 
 
 History: Approved June 1, 1917. In effect July 31, 1917. Stata. 
 1917, p. 1661. 
 
 STOCKTON STATE HOSPITAI^CONDEMNING CERTAIN STREETS FOR 
 ACT 2138 — An act condemning parts of certain streets adjacent to insane asylum, in 
 the city of Stockton, for asylum purposes. 
 
 History: Approved April 4, 1864, Stats. 1864, p. 469. 
 
 This act provided for the condemnation ton Insane Asylum, but the name was 
 
 of certain streets adjacent to the hospital changed to Stockton State Hospital by the 
 
 grrounds for the use of the hospital. act of 1903. — See Kerr's Cyc. Political Code, 
 
 TliiH hospital was originally Icno^vn as § 2145. 
 the State Insane Asylum, and as the Stock- 
 
 NAPA STATE HOSPITAI^-WATER SUPPLY FOR. 
 ACT 2139 — An act to provide a supply of water for the Napa State Asylum for the 
 insane. History: Approved April 3, 1876, Stats. 1875-76, p. 88?. f 
 
 This act authorized the condemnation of narae was changed to Napa State Hospital 
 
 adjoining springs. by the act of 1903. — See Kerr's Cyc. Politi- 
 
 This hospital was originally known as the cal Code, § 2145, ^H 
 
 Napa State Asylum for the Insane, but the ^H 
 
 NAPA STATE HOSPITAI^-GRANT OF RAILROAD RIGHT OF WAY. 
 
 ACT 2143a — An act authorizing the hoard of managers of the Napa State Hospital to 
 
 grant a right of "way to San Francisco, Napa and Calistoga Railway over land owned 
 
 by the state of California, for the consideration herein expressed. 
 
 History: Approved May 15, 1919. In effect July 22, 1919. Stats. 
 1919, p. 621. 
 
 This act provided for the grant of a right of way through the grounds of the hospital 
 
 for the San Francisco, Napa and Calistoga Railway. 
 
 AGNEWS STATE HOSPITAI^-ERECTION OF WATER TOWERS AND TANKS. 
 ACT 2145 — An act to provide for the erection of water towers and tanks on the 
 grounds of the Agnews state hospital. 
 
 History: Approved March 25, 1901, Stats. 1901, p. 806. 
 
 This act appropriated $5000 for the pur- of 1889 (Stats. 1889, p. 130), to the act of 
 
 pose indicated. 1885 (Stats. 1885, p. 35). It was subse- 
 
 Original name ot institution. — The name quently changed to "Agnews State Hospi- 
 
 of the institution was changed from "Call- tal" by the act of 1903. — See Kerr's Cyc. 
 
 fornia Hospital for the Chronic Insane" to Political Code, { 2145. 
 "State Insane Asylum" by the amending act 
 
 AGNEWS STATE HOSPITAL— REPLACING BUILDINGS DESTROYED IN 1906. 
 
 ACT 2146 — An act authorizing and directing the board of managers of the Agnews 
 State Hospital to continue the work of replacing and reconstructing and re-equip- 
 ping for the accommodation and treating of patients, buildings destroyed April 18, 
 1906, to appropriate the sum of two hundred fifteen thousand dollars therefor, to 
 direct the manner of expenditure thereof, to remove restriction upon the per capita 
 cost, and authorizing and directing the state controller to draw his warrant for the 
 said sum, and the state treasurer to pay the same. 
 
 History: Approved March 25, 1909, Stats. 1909, p. 791. 
 
 I
 
 HIS INSANE ASYLUMS. Acts 2147-2152 
 
 AGNEWS STATE HOSPITAI^CONVEYANCE OF CERTAIN PROPERTY TO 
 WESTERN DISTILLERIES. 
 ACT 2147 — An act to authorize and empower the board of managers of the Agnews 
 State Hospital to sell and convey a portion of real property situate in Santa Clara 
 county, in the state of California, and belonging to said state, to the Western 
 Distilleries. History: Approved April 20, 1909, Stats. 1909, p. 1010. 
 
 ACT 2147a — An act to authorize and empower the board of managers of the Agnews 
 State Hospital to grant, under the conditions herein provided, to the Southern 
 Pacific Railroad Company, a corporation, a right of way and easement for the pur- 
 pose of constructing, maintaining and operating an industrial spur track over, along 
 and upon a strip of land situate in the county of Santa Clara and belonging to the 
 state of California. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 251. 
 
 This act authorized the board of man- Pacific Co., for a spur track to the Western 
 
 agers, in its discretion, to convey a right Grain and Sugar Products Company's prop- 
 
 of way and easement over a certain portion erty, upon certain specified conditions, 
 of the hospital grounds to the Southern 
 
 ACT 21471) — An act confirming the sale and conveyance by the board of managers of 
 
 the Agnews State Hospital to Western Industries Company of a portion of real 
 
 property situate in the county of Santa Clara, state of California, and belonging to 
 
 the state of California. 
 
 History: Approved May 21, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 780. 
 
 This act vwaa made necessary by the pany, and the reorganization of the latter 
 change of name of the Western Distilleries company as the Western Industries Com- 
 to Western Grain and Sugar Products Com- pany. — See Act 2147. 
 
 AGNEWS STATE HOSPITAI^COTTAGE FOR FEMALE WORKING PATIENTS. 
 
 ACT 2148 — An act appropriating money for building and furnishing a cottage for 
 
 female working patients at Agnews State Hospital. 
 
 History: Approved June 7, 1913. In effect August 10, 1913. Stats. 
 1913, p. 857. 
 
 This act appropriated $60,000 for the purpose indicated. 
 
 MENDOCINO STATE HOSPITAI^CHANGE OF NAME. 
 
 ACT 2150 — An act to change the name of the Mendocino State Asylum for the Insane 
 
 to Mendocino Asylum. 
 
 History: Approved March 3, 1893, Stats. 1893, p. 75. 
 
 The name of this institution was again changed by the act of 1903 to "Mendocino State 
 Hospital." See Kerr's Cyc. Political Code, § 2145. 
 
 SOUTHERN CALIFORNIA STATE HOSPITAL— RAILROAD RIGHT OF WAY. 
 
 ACT 2152 — An act to authorize and empower the board of managers of the Southern 
 
 California state hospital for the insane, near the city of San Bernardino, San 
 
 Bernardino county, to sell and convey a strip or parcel of land situate in San 
 
 Bernardino county, in the state of California, and belonging to said state, to the 
 
 San Pedro, Los Angeles & Salt Lake Railroad Company, for the purposes of a right 
 
 of way for a steam railroad thereon. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 563. 
 
 This act authorised the sale of a strip of land sixty feet wide to the San Pedro, Los 
 Angeles and Salt Lake Railroad Company.
 
 Acts 2153-2156, §§ 1-4 GBNl^RAL. LAW'S. 1116 
 
 SOUTHERN CALIFORNIA STATE HOSPITAI^CONVEYANCE OF CERTAIN 
 
 WATER RIGHTS. 
 
 ACT 2153 — An act authorizing the trustees of the Southern California State Asylum 
 
 to convey certain water rights. 
 
 History: Approved March 27, 1895, Stats. 1895, p. 233. 
 
 Name of Institution. — The name of this Tills act authorized the sale of certain 
 
 institution was changed from "Southern water rights to the North Forlt Water Com- 
 
 C'alifornia State Insane Asylum" to "South- pany in exchange for the shares of the cor- 
 
 ern California State Hospital" by the act poration. 
 [)f 1903. — See Kerr's Cyc. Political Code, 
 i 2145. 
 
 SOUTHERN CALIFORNIA STATE HOSPITAI^RIGHT OF WAY FOR ELECTRIC 
 
 RAILROAD. 
 
 ACT 2154 — An act to authorize and empower the board of managers of the Southern 
 California State Hospital for the Insane, near the city of San Bernardino, San Ber- 
 nardino county, to sell and convey a strip or parcel of land situate in San Bernar- 
 dino county, in the state of California, and belonging to said state, to the San 
 Bernardino Valley Traction Company for the purposes of a right of way for an 
 electric railroad thereon. 
 
 History: Approved March 23, 1907, Stats. 1907, p. 911, 
 
 SOUTHERN CALIFORNIA STATE HOSPITAL— RATIFICATION OF 
 
 CONVEYANCE. 
 ACT 2155 — An act to ratify a deed of conveyance made by the Southern California 
 State Hospital to the Bear Valley Mutual Water Company. 
 
 History: Approved March 21, 1907, Stats. 1907, p. 848. 
 
 NORWALK STATE HOSPITAL— ESTABLISHMENT OF. 
 
 ACT 2156 — An act to provide for the establishment of a state hospital for the insane 
 
 and providing for commitment thereto and management thereof, and making an 
 
 appropriation therefor. 
 
 History: Approved June 7, 1913. In effect August 10, 1913. Stats. 
 1913, p. 884. 
 
 Hospital for insane established in southern California. 
 
 § 1. A state hospital shall be established in southern California, preferably near to 
 the sea coast, for the care of the insane. 
 
 Commission created for building. 
 
 $ 2. A commission composed of the governor, lieutenant-governor, state engineer, the 
 general superintendent of the state hospitals, and a member of the Psychopathic Asso- 
 ciation of California, to be appointed by the governor, is hereby created and is hereby 
 authorized to select and purchase a suitable site, accept the plans and direct the 
 engineering department to erect the necessary buildings as and for a hospital for 
 insane persons. 
 
 Commitments. 
 
 $ 3. Upon the completion of such state hospital, insane persons may be committed 
 or admitted thereto in the manner provided by law for the commitment of insane per- 
 sons, and for the admission of insane persons, under special agreements, to state 
 hospitals for the insane. 
 
 Management as provided by law. 
 
 (« 4. Upon the adoption of plans as herein provided for such institution, the commis-* 
 sion herein created shall cease to exist and the control and management of said institu- 
 
 I
 
 HIT INSANE ASYLUMS. Act 2163, §§ 1-5 
 
 tion as a hospital for the insane shall be continued as and in the manner provided by 
 law for the control, management and operation of state hospitals for the care of the 
 insane. 
 
 Title to land and water rights. 
 
 $ 5. Title to land and water right thereunto appertaining acquired in pursuance of 
 this act shall be approved by the attorney general and shall be taken in the name of 
 the state of California. The deeds therefor shall be filed with the secretary of state. 
 
 Appropriation. 
 
 § 6. There is hereby appropriated from the funds of the state not otherwise appro- 
 priated the sum of two hundred and fifty thousand dollars to be used for the purchase 
 of a site together with water rights for said hospital and the erection and equipment of 
 buildings and improvements thereon. Not more than ninety thousand dollars of the 
 money herein appropriated shall be used for the purchase of said site and water rights. 
 Said site shall contain not less than three hundred acres of tillable land. 
 
 "PACIFIC COLONY" ACT. 
 ACT 2163 — An act to establish an institution for the care, confinement and instruction 
 of feeble-minded and epileptic persons; to provide for the government and mainte- 
 nance thereof, and for the study of mental deficiency and related problems; to pro- 
 vide for admission and commitment to such institution, and to prescribe penalties for 
 unlawfully or improperly contriving to have persons adjudged feeble-minded under 
 this act ; to provide for the sterilization of inmates of such institutions ; to prescribe 
 penalties for procuring the escape, or aiding or advising in the escape, of inmates, 
 or concealing inmates thereof; to provide a contingent fund for the use of such 
 institution and to make an appropriation therefor. 
 
 History: Approved June 1, 1917. In effect July 31, 1917. Stats. 1917, 
 p. 1623. 
 
 Pacific colony created. 
 
 $ 1. There is hereby created an institution to be known as the Pacific colony an<? 
 which is hereby declared to be a corporation. 
 
 Board of trustees. 
 
 $ 2. The said institution shall be under the control of a board of three trustees, to be 
 appointed by the governor, one for one year, one for two years, and one for three years, 
 and thereafter for terms of four years each, to hold office until their successors are 
 respectively appointed and qualified. The governor shall fill vacancies occurring from 
 any cause in the membership of such board, and the first board shall be appointed 
 within thirty days after this act takes effect. 
 
 Chairman. 
 
 § 3. The said trustees shall annually elect from their own number a chairman and a 
 vice chairman, whose terms of office shall be one year and until their successors shall 
 be duly appointed and qualified. 
 
 By-laws. 
 
 ^ 4. The board of trustees may, from time to time, establish such by-laws, rules and 
 regulations, not inconsistent with the laws of the state, as they may deem expedient for 
 the efficient management and government of the said institution, for the transaction of 
 its business and the holding of its meetings. 
 
 Vacancy. 
 
 § 5. If any trustee fail, for three months, to attend the regular meetings of the 
 board, unless he is ill or absent from the state, his office shall become vacant, if the
 
 Act 2163, g§ 6-11 GENERAL LAWS. »118 
 
 board, by resolution, so declare. A copy of any such resolution certified by the secre- 
 tary of the board, must thereupon be forthwith transmitted to the governor. 
 
 Compensation. 
 
 § 6. The trustees shall be entitled to receive as compensation for their services, 
 while in the actual discharge of their duties as such trustees, ten dollars per day each; 
 provided, that the total thereof shall not exceed two hundred forty dollars in any one 
 .year for any trustee; and provided, that if such services be performed on two or more 
 consecutive days, there shall in such case be remuneration paid for one day only; and 
 provided, also, that the trustees shall be entitled to receive, in addition to such com- 
 pensation, all of their necessary expenses while attending to the business of the 
 institution. 
 
 Superintendent. Secretary. 
 
 § 7. The board of trustees shall appoint a superintendent, not of their own number, 
 who shall be a resident of the institution and shall have charge, manage and control of 
 the same and of its property, and shall have the charge, control, discipline and train- 
 ing of its inmates, subject to the direction of the board of trustees; and he shall give 
 a bond to the state in such sum and with such sureties as will be satisfactory to the 
 state board of control, for the faithful performance of his duties. The board of 
 trustees shall appoint a secretary who shall perform such duties as the board may 
 direct. The superintendent may be appointed to that position. 
 
 Treasurer. 
 
 $ 8. The superintendent shall, subject to the approval of the board of trustees, 
 employ, with power to discharge, a treasurer and such other officers and employees as 
 he may consider proper and necessary for the efficient carrying into effect of the design 
 of the said institution, determine their titles, and prescribe their duties. 
 
 Duty of treasurer. 
 
 § 9. The treasurer shall receive and disburse all moneys and keep account of the 
 same, under the direction of the board of trustees, but subject to such supervision or 
 control as is vested by law in the state board of control, and he shall give a bond to 
 the state in such sum and with such sureties as will be satisfactory to the state board 
 of control for the faithful performance of his duties. 
 
 Compensation of officers. 
 
 § 10. The board of trustees shall fix the compensation of the superintendent, whose 
 salary shall be not less than three hundred dollars per month, and the superintendent 
 shall fix the compensation of the other officers and employees, subject to the approval 
 of the board of trustees. 
 
 Purchase of site. 
 
 $ 11. The board of trustees, together with the superintendent, are hereby empowered 
 and instructed to purchase on behalf of the state, in the territory covered by and 
 included within the counties of Santa Barbara, Ventura, Los Angeles, San Bernardino, 
 Orange, Riverside and San Diego, for the use of the said institution, such a site as 
 they may deem most advantageous, of preferably not less than eight hundred acres, 
 subject to the approval of the state board of control as to the purchase price, and sub- 
 ject to such approval, the said board of trustees and superintendent may, if they con- 
 sider it advisable, purchase water rights or make provision for the development of 
 water for the use of said lands. The state department of engineering shall, at the 
 request of the board of trustees, and with the approval of the state board of control, 
 examine into the matter of water, light, power and sanitation, and the engineering 
 
 1
 
 1119 INSANE ASYLUMS. Act 2163, §§ 12-17 
 
 problems involved, in connection with any site or sites the board may investigate with 
 a view to purchasing, and shall report thereon to the board of trustees, with special 
 regard to the suitableness of such site or sites for the purposes of the institution. 
 
 The University of California shall, on the approval of the state board of control, 
 render to the board of trustees such reasonable assistance as the board may desire, in 
 determining the quality and character of the soil of such site or sites for agricultural, 
 horticultural and other purposes, and its suitability for the purposes of the institution. 
 
 The said trustees and superintendent, the said state department of engineering, and 
 the said university, shall be entitled to receive their necessary expenses in connection 
 with said investigations and the selection and purchase of said site. 
 
 Buildings. 
 
 $ 12. The board of trustees shall erect the buildings for said institution, subject to 
 such supervision or control as is by law vested in the state department of engineering. 
 
 Equipment, etc. 
 
 § 13. The board of trustees is authorized and required to purchase such equipment, 
 furniture, supplies and materials, as it may deem suitable for the proper completion 
 and furnishing of the said buildings, and for the operation and maintenance of the 
 said institution, subject to such supervision or control as is by law vested in the state 
 board of control and the state purchasing agent. 
 
 Donations and bequests. 
 
 $ 14. The said institution may take and hold in trust for the state any grant or 
 devise of land, or any donation or bequest of money or other personal property, here- 
 tofore or hereafter granted, devised, donated, or bequeathed to the use of the institu- 
 tion, and shall dispose of the same in accordance with the wishes of the donor, or 
 testator, if expressed, and if no condition be attached thereto, or in so far as any 
 wishes expressed do not prevent, then to invest and reinvest the same, or to change 
 the investment thereof, as to the board of trustees may seem best, and to use the income 
 arising therefrom for the best interests of the institution. 
 
 Forms for admission of inmates. 
 
 § 15. The board of trustees shall prescribe and publish instructions and forms, in 
 relation to the commitment and admission of inmates, and may include in them such 
 interrogatories to be answered as it may deem necessary or useful; which instructions 
 and forms shall be furnished to anj' one applying therefor, and shall also be sent in 
 sufficient numbers to the county clerks of the several counties of the state. 
 
 Who are "feeble-minded." 
 
 §16. The following persons, if not insane, shall be held to be "feeble-minded" 
 within the meaning of this act: 
 
 (a) Those who are so mentally deficient that they are incapable of managing them- 
 selves and their affairs independently, with ordinary prudence, or of being taught to 
 do so, and who require supervision, control, and care, for their own welfare, or for 
 the welfare of others, or for the welfare of the community ; or 
 
 (b) Those whose intelligence in the judgment of one or more psychologists, when 
 they have been examined by such psychologist or psychologists making use of stand- 
 ardized psycholological tests and whatever supplementary material may be available, 
 will not develop beyond the level of the average child of twelve years. 
 
 Petition to superior court for order admitting person. 
 
 § 17. Whenever any parent, guardian or other person charged with the support of 
 a supposedly feeble-minded person who is not insane, or an epileptic under twenty-one
 
 Act 2163, g§ 18-20 GBNKRAL LAIC'S. 1120 
 
 years of age, desires such person to be admitted into the said institution, he may 
 petition the superior court of the county in which such person resides for an order 
 admitting such person thereto; the petition shall disclose his reasons for supposing 
 such person to be eligible for admission thereto, and shall be verified by the affidavit of 
 the petitioner. Or whenever any peace office [r] desires any such supposedly feeble- 
 minded or epileptic person to be so admitted, he may petition the said court as afore- 
 said for an order therefor; provided, he shall have given two days previous written 
 notice of the date of the presentation of the petition personally or by United States 
 mail, to such parent, guardian or other person charged with such support, if known to 
 him, and if not so known, then to some other relative or friend, if any known to him, 
 residing in the said county, an affidavit whereof, together with the names, addresses and 
 relationship of the parties so notified, and the facts of his said knowledge or want of 
 knowledge, shall be filed with the petition. 
 
 Warrant for arrest. 
 
 $ 18, The court may cause a warrant to issue for the arrest and delivery to the court 
 of such supposedly feeble-minded or epileptic person, whenever considered advisable or 
 necessary, and have the same executed by any peace officer. 
 
 Examination of person. Order of commitment. 
 
 § 19. The judge of the said court must inquire into the condition or status of such 
 supposedly feeble-minded or epileptic person, for which purpose he may by subpoena 
 require the attendance before him of a clinical phychologist and a reputable physician, 
 or one of each, or two of either, to examine such person and testify as to his or her 
 mentality. Such physicians must have made a special study of mental deficiency and 
 be qualified to act as "medical examiners." The said judge may also by subpoena 
 require the attendance of such other persons to give evidence as he may deem advisable, 
 and if the judge find such person to be a feeble-minded person, as defined by section 
 sixteen of this act, or an epileptic person under twenty-one years of age, and that such 
 person has been a resident of the state for at least one year next preceding the presen- 
 tation of the petition, such judge may make an order of commitment to said institution, 
 and on the presentation of such order the superintendent must receive such person 
 therein; provided, that, in the opinion of the board of trustees, the condition of such 
 person, the accommodation at the said institution, and the state of its finances, be such 
 as to justify the receiving of such person. Pending the said investigation the said 
 supposedly feeble-minded or epileptic person may be left in charge of the parent, 
 guardian or other suitable person or in a detention home. 
 
 Order to pay expenses. 
 
 § 20. The judge shall attach to the order of commitment his findings and conclu- 
 sions, together with all the social and other data he may have bearing upon the case, 
 and the same shall be delivered to the said institution with such order. The judge 
 must inquire into the financial condition of the parent, guardian or other person 
 charged with the support of any such person, and if he find him able to do so, in whole 
 or in part, he must make a further order, requiring him or her to pay, to the extent the 
 judge may consider him or her able to pay, the expenses of the proceedings in con- 
 nection with the investigation, detention and commitment of such person, and the 
 expenses of the delivery thereof to the institution, and to pay to the institution, at 
 stated periods, such sums as, in the opinion of the judge, are proper, during such time 
 as the person may remain in the institution. This order may be enforced by such fur- 
 ther orders as the judge deems necessary, and may be varied, altered or revoked in his 
 discretion.
 
 1121 INSANE ASVLL MS. Act 2163, gg 21-26 
 
 Petitioner to pay when. 
 
 $ 21. In case of the dimissal of the said petition, the judge may, if he considers 
 the petition to have been filed with malicious intent, order the petitioner to pay the 
 expenses in connection therewith, and may enforce the same by such further orders 
 as he may deem necessary. 
 
 Penalty. 
 
 § 22. Any one who shall knowingly contrive to have any person adjudged feeble- 
 minded under this act, unlawfully or improperly, shall be deemed guilty of a misde- 
 meanor. 
 
 Feeble-minded boy or girl before juvenile court. 
 
 § 23. When a boy or girl is brought before a juvenile court under the juvenile court 
 law, if it appear to the court, either before or after adjudication, that such person is 
 feeble-minded within the meaning of this act; or if on the conviction of any person of 
 crime by any court it appear to the court that such person is feeble-minded as aforesaid, 
 the court may adjourn the proceedings or suspend the sentence, as the ease may be, and 
 direct some suitable person to take proceedings under this act against the person before 
 the court, and the court may order that, pending the preparation, filing and hearing of 
 the petition, the person before the court be detained in a place of safety, or be placed 
 under the guardianship of some suitable person, on his entering into a recognizance for 
 the appearance of the person upon trial or under conviction when required. If upon the 
 hearing of the petition, or upon a subsequent hearing under this act, the person upon 
 trial or under conviction be not found to be feeble-minded, the court may proceed with 
 the trial or impose sentence, as the case may be. 
 
 Persons admitted for observation. 
 
 $ 24. The superintendent may admit to the Pacific colony temporarily, without com- 
 mitment, under such rules and regulations as the board of trustees may prescribe, for 
 purposes of observation and testing, such persons, as are suspected of being feeble- 
 minded, to ascertain whether or not they are actually mentally defective, and proper 
 cases for care, treatment and training in an institution for the •feeble-minded, and if 
 such is found to be the case, application may be made to the superior court for an order 
 of commitment of such persons to such an institution. On presentation of an affidavit 
 or affidavits of the facts upon which such opinion is based, the judge of the said court 
 may make such order. 
 
 Witness fees. 
 
 $ 25. Each psychologist and physician shall be entitled to receive for each attend- 
 ance mentioned in section nineteen the sum of five dollars for each person examined 
 together with his necessary actual expenses occasioned thereby, and other witnesses 
 shall be entitled to receive for such attendance such fees and expenses as the court in its 
 discretion may allow, if any, not exceeding the fees and expenses allowed by law in 
 other cases in the said courts. 
 
 Payment by county treasurer. 
 
 ^ 26. Any fees or traveling expenses payable to a psychologist, physician, or witness 
 as aforesaid, and all expenses connected with the execution of any process under this 
 act, which may not be paid by the parent, guardian or person charged with the support 
 of the said supposed feeble-minded or epileptic person, shall be paid by the county 
 treasurer of the county in which such person resides, upon the presentation to the 
 treasurer of a certificate of the said judge that the party is entitled thereto. 
 
 Gen. Laws— 71
 
 Act 2163, §§ 27-32 GENERAL, LAWS. 1122 
 
 Transfer to or from state hospital for insane. 
 
 $ 27, The said board of timstees, when it shall deem desirable, owing to the mental 
 condition of an inmate of the Pacific colony, may, with the approval of the state com- 
 mission in lunacy, transfer such inmate to a state hospital for the insane, provided that 
 on due investigation by such commission, the commission shall consider such inmate a 
 fit subject therefor. And the said commission, whenever on due observation and investi- 
 gation it shall consider a patient in any state hospital for the insane eligible for com- 
 mitment to the Pacific colony may with the approval of the said board of trustees, 
 transfer such patient thereto, for care and treatment therein. 
 
 Transfer to or from Sonoma state home. 
 
 § 28. Inmates of the Sonoma state home may be transferred to the Pacific colony, 
 and inmates of the Pacific colony may be transferred to the Sonoma state home, at any 
 time and from time to time as may be agreed upon by the boards of trustees of the 
 two institutions, upon the application of the parent, guardian or other persons charged 
 with the support of such inmate, provided he pay the expenses thereof, and may, with 
 the approval of the state board of control, be so transferred without such application 
 and without such payment, in which latter ease the expenses thereof shall be paid by 
 either or both of such institutions as may be determined by the state board of control. 
 
 Liability for support unchanged. 
 
 § 29. In the event of the transfer of any inmate or patient as provided in sections 
 twenty-seven and twenty-eight of this act the liability of any estate, person or county 
 for the care, sujoport and maintenance of such person, shall be the same to the insti- 
 tution to which the person is transferred as it was to the institution from which the 
 transfer is made. 
 
 Execution of writ of commitment. 
 
 § 30. It shall be the duty of the sheriff of any county wherein an order is made by 
 the judge of the superior court committing any person to the Pacific colony, or of any 
 other person designated by the said judge, to execute the writ of commitment, and to 
 receive as compensation therefor such fees as are now or may hereafter be provided 
 by law for the transportation of prisoners to the state prison; provided, that in all 
 cases the parent, guaMian or other person charged with the support of such person 
 may, at his option, with the approval of the said judge, and in all cases where he is 
 able or the estate of such person is sufficient, shall, if the said judge approve, without 
 expense to the county or state, execute said writ, after being duly sworn therefor, with 
 like effect and with like powers as the sheriff would have; but no such person, being a 
 female, shall be taken to the said colony by any male person not her husband, father, 
 brother or son, without the attendance of some woman of good character and mature 
 age, chosen for the purpose by the judge, which woman shall, if the judge see fit, be 
 paid therefor such reasonable remuneration as he may allow. 
 
 Pasrments by county. 
 
 § 31. For each person committed to the Pacific colony there shall be paid by the 
 county from which he is committed, to the state treasurer, the sum of fifteen dollars 
 monthly, for and during each month or part of month such person so committed remains 
 an inmate of the institution, in case the payments herein provided to be made by the 
 parent, guardian or other person charged with the support of any such person should 
 not be made, and to the extent they are not made, not exceeding fifteen dollars per 
 month. 
 
 Statement hy county auditor. 
 
 5 32. Each county auditor must include in his state settlement report, rendered to 
 the controller in the months of May and December, the amount due under this act, by
 
 1123 INSANE ASYLUMf. Act 2163, §§ 33-39 
 
 reason of commitment to the Pacific colony, and the county treasurer, at the time of the 
 settlement with the state in such months, must pay to the state treasurer, upon the 
 order of the controller, the amounts found to be due by reason of the commitments 
 herein referred to. 
 
 When others may be admitted. 
 
 $ 33. Whenever the accommodations of the Pacific colony permit, and if such action 
 does not conflict with the interest or welfare of committed cases, the board of trustees, 
 without judicial commitment, and upon such terms as may appear to said board to be 
 to the best interests of the state, may admit to said institution epileptics, of any age, 
 and also such other persons as are, under the provisions of this act, eligible for admis- 
 sion to said institution. 
 
 Transfer from state schools. 
 
 § 34. Any boy who has been or may hereafter be committed to the Preston School of 
 Industry, or the Whittier State School, or any girl who has been or may hereafter be 
 committed to the California School for Girls at Ventura, or to any similar institution 
 now or hereafter created, who comes within the provisions of this act, may, on appli- 
 cation to a judge of the superior court of the county in which such person may be 
 located, by the superintendent of the institution to which he or she has been commit- 
 ted, be discharged from such last mentioned institution, and be recommitted, for an 
 indeterminate period, to the Pacific colony, to the Sonoma State Home, or to any similar 
 institution hereafter created ; provided, the findings of the judge and the opinion of the 
 board of trustees of the institution to which such boy or girl is sought to be committed 
 are the same as on the commitment to and receiving into the Pacific colony of other 
 persons as aforesaid; and provided, that there shall have been served upon such relatives 
 of said bo}'^ or girl, or upon such other persons and in such manner as the said judge 
 may deem necessary or proper, such notice of the application as he shall consider suffi- 
 cient, in order to enable them to be heard on the application. 
 
 Object of colony. 
 
 $ 35. The object aimed at in the Pacific colony shall be such care and training of its 
 inmates as to render them more useful and happy, and tend to make them as nearly 
 self-supporting as their level of intelligence may permit. 
 
 Manufacture of furniture, etc. 
 
 $ 36. The Pacific colony may manufacture or raise for sale, such articles of furni- 
 ture, supplies or produce as may be used in the said or any other state institution, sub- 
 ject to the approval and under the control of the state board of control. 
 
 Disposition of funds. 
 
 § 37. All moneys received from the sale of articles of furniture, supplies or produce 
 as provided in section thirty-six of this act shall be paid to the state treasurer, to be 
 placed in the contingent fund to the credit of the said colony and for its use. 
 
 Department for clinical diagnosis. 
 
 ^ 38. The Pacific colony shall have a department for the clinical diagnosis of in- 
 mates, and their subsequent classification and observation, with a view to their proper 
 segregation and treatment. 
 
 Examination of inmate before discharge. 
 
 § 39. The superintendent shall, at least two weeks before the discharge of any in- 
 mate, have made, by a trained clinical psychologist, an examination of the mental con- 
 dition of such inmate, and a permanent record thereof shall be kept in the oflSce of the
 
 Act 2163, §8 40-45 GENERAL LAWS. 1124 
 
 superintendent; which record shall be open to the inspection of all state boards or com- 
 missioners authorized by law to investigate or inspect the institution. 
 
 Biennial report of superintendent. 
 
 $ 40, The superintendent shall issue, at the end of each period of two years, a report 
 of the work done during that period, giving the number of inmates received within that 
 time, their sex, nativity, residence, date of reception, level of intelligence determined as 
 aforesaid, and the results of the investigations that may have been made; such report 
 shall also give the number of inmates discharged during that period, with the date and 
 reason therefor, and the names of all paying inmates, the amounts charged for them, and 
 the amounts received therefrom, together with such other information or suggestions as 
 shall be required by the board of trustees or the state board of control, or to the super- 
 intendent may seem desirable; which report shall be kept on file in the office of the 
 superintendent, but shall not be printed. A copy of such report shall be sent to the 
 governor, along with the biennial report of the board of trustees, and may be printed 
 for the use of the legislature or for distribution; provided, the names of the inmates 
 are not given or their identity made evident. 
 
 Discharge of inmates. 
 
 § 41. The board of trustees may discharge, or the superintendent may g^ant a tem- 
 porary leave of absence to, any inmate at any time. 
 
 Sterilization before discharge. 
 
 $ 42. Before any inmate who has been committed to the Pacific colony, and who is 
 feeble-minded or is afflicted with incurable chronic mania or dementia, shall be released 
 or discharged therefrom, the board of trustees on the recommendation of the superin- 
 tendent approved by a clinical psychologist holding the degree of Ph. D. and a physician 
 qualified to serve under section nineteen of this act, after they shall have made a care- 
 ful investigation of all the circumstances of the case, may cause such person to be ster- 
 ilized; and such sterilization, whether with or without the consent of the inmate, shall 
 be lawful, and shall not render the said commission, or its members, or any person par- 
 ticipating in the operation, the said trustees, the said colony, or any of its officers or 
 employees, liable civilly or criminally. 
 
 Action against trustees, etc. 
 
 § 43. No civil action shall be brought against the trustees, the superintendent, or 
 any other officer or employee of the said colony, because of any act done or failure to 
 perform any act while discharging his official duties, without leave of the controller 
 first had or obtained. Any just claim for damages against such trustee, superintendent, 
 officer or employee, for which the state would be legally or equitably liable, may be 
 paid out of any moneys appropriated for the said institution. 
 
 Penalty for bringing drugs or liquor. 
 
 § 44. Any person, not authorized by law, who brings into the said colony, or within 
 the grounds adjoining or adjacent thereto, any opium, morphine, cocaine, or other nar- 
 cotic, or any intoxicating liquor of any kind whatever, except for medicinal or mechan- 
 ical purposes, or any firearms, weapons, or explosives of any kind, is guilty of a mis- 
 demeanor. 
 
 Penalty for aiding escape. 
 
 § 45. If any person procure the escape of any male inmate of the said colony, or 
 advise, connive at, aid or assist in such escape, or conceal any such inmate after such 
 escape, or if any person advise or connive at the escape of any female inmate of the 
 said colony, he or she is guilty of a misdemeanor; and if any person procure the escape
 
 1125 INSECTS. Act 2168 
 
 of anj' female inmate of the said colony, or aid or assist in such escape, or conceal such 
 female inmate after such escape, he or she is guilty of a felony. 
 
 Trustees, etc., not to be interested in contracts. 
 
 § 46. No trustee or employee of the said colony shall be personally, directly or indi- 
 rectly, interested in any contract, purchase or sale made, or any business carried on, 
 in behalf of or for said institution. All contracts, purchases or sales made in violation 
 of this section shall be held and declared null and void, and all moneys paid to such 
 trustee, employee, or any other person, for his benefit, in whole or in part, in considera- 
 tion of such purchases, contracts or sales made, may be recovered by civil suit, to be 
 instituted in the name of the state of California against such trustee, employee or per- 
 son acting in his behalf; and in addition, it is hereby made the duty of the governor or 
 the board of trustees, as the case may be, upon satisfactory proof of the fact of such 
 interest, to immediately remove the trustee or employee delinquent as aforesaid, and 
 to report the facts to the attorney general, who shall take such legal steps in the prem- 
 ises as he shall deem expedient. 
 
 Exempt from control of state commission in lunacy. 
 
 § 47. The Pacific colony, its inmates, officers, employees and property are hereby 
 declared to be exempt from the operation of chapter one, title five, part three of the 
 Political Code, and free from the supervision, inspection or control of the state commis- 
 sion in lunacy. 
 
 Appropriation. 
 
 § 48. There is hereby appropriated out of any money in the state treasury not other- 
 wise appropriated, the sum of two hundred fifty thousand dollars ($250,000.00) for the 
 purposes of this act. 
 
 Pajrment. 
 
 § 49. The controller of the state is hereby directed on requisition of the board of 
 trustees, duly audited by the state board of control, to draw his warrant on the state 
 treasurer in favor of the board of trustees for any moneys duly appropriated, to pay 
 for the expenditures in the establishment and maintenance of the said colony, and the 
 said treasurer is directed to pay the same from the appropriations provided therefor. 
 
 Validity. 
 
 § 50. The invalidity of any part of this act shall not be construed to affect the 
 validity of any other part capable of having practical operation and effect without the 
 invalid part. 
 
 CHAPTER 164. 
 
 INSECTS. * 
 
 References: See, generally, tits. "Adulteration;" "Horticulture." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2168. Mosquito Abatement Districts. 
 
 2169. Prevention of Importation or Insects. 
 
 MOSQUITO ABATEMENT DISTRICTS. 
 ACT 2168 — An act to provide for the f onnation, government, operation and dissolution 
 of mosquito abatement districts in any part of the state, to facilitate the extermina- 
 tion of mcsquitos, flies and other insects; and to provide for the assessment, levy, 
 collection and disbursement of taxes therein. 
 
 History: Approved May 29, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1011.
 
 Act 2168, 89 1-3 GENERAL. LAWS. 112« 
 
 Mosquito abatement districts. 
 
 $ 1. Mosquito abatement districts may be organized and incorporated and man- 
 aged, as herein exi:)i-cssly provided and may exercise the powers herein expressly 
 granted or necessarily implied. 
 
 ^ 2. Any county, or city and county, or portion of a county, or city and county, 
 whether such portion includes incorporated territory or not, in the state of Cali- 
 fornia, having a population of not less than one hundred inhabitants, may be created 
 a mosquito abatement district under the provisions of this act by proceeding as 
 herein provided. 
 
 Petition. Boundaries. Publication. 
 
 $ 3. A petition, which may consist of any number of separate instruments, shall 
 be presented at a regular meeting of the board of supervisors of the county in which 
 the proposed mosquito abatement district is located, signed by the registered voters 
 within the boundaries of the proposed district, equal in number, to at least ten per 
 cent of the number of votes cast in said proposed district for the office of governor 
 of this state at the last general election prior to the presenting of the petition; 
 provided, that where one or more municipal corporations or part thereof is included 
 in such proposed mosquito abatement district, such petition must be signed by at 
 least ten per cent of the qualified electors of such municipal corporations or 
 part thereof and of the unincorporated territory included in such proposed district, 
 and in addition thereto the common council, board of trustees or other governing 
 body of each such municipality shall by resolution, duly authenticated, request 
 the inclusion of such incorporated territory in such district. Such petition shall 
 set forth and describe the proposed boundaries of such district, and shall pray that 
 the same be created under the provisions of this act, and the text of such petition 
 shall be published for at least two weeks before the time at which the same is to 
 be presented in a newspaper printed and published in such county, and also a 
 newspaper printed and published in each municipal corporation or part thereof 
 included in such proposed district, and if there be no newspaper published in any 
 such municipal corporation, the text of such petition shall be posted for the same 
 length of time as required to be published, in three public places within such muni- 
 cipal corporation or part thereof included in such proposed district, and the text 
 of such petition so published or posted shall have annexed thereto a notice stating 
 the time of the meeting of the board of supervisors at which the same will be 
 presented. When contained upon more than one instrument, one copy only of such 
 petition need be published and posted. No more than five of the names attached to 
 said petition need appear in such publication or posting of said petition and notice, 
 but the number of signers shall be stated. 
 
 Hearing. Establishment of boundaries. 
 
 With such publication there shall also be published, and if posted, there shall also 
 be posted, a notice of the time of the meeting of the board when such petition will be 
 considered, and that all persons interested therein may then appear and be heard. At 
 such time the board of supervisors shall hear the petition and those appearing 
 thereon, and also all protests and objections to the same, and may adjourn such 
 hearing from time to time not exceeding two months in all. No defect in the 
 contents of the petition or in the title to or form of the notice or signatures, 
 or lack of signatures thereto, shall vitiate any proceedings thereon, provided such 
 petition or petitions have a sufficient number of qualified signatures attached thereto. 
 On the final hearing said board shall make such changes in the proposed boundaries as 
 may be deemed advisable and shall define and establish such boundaries; provided, that
 
 1127 INSECTS. Act 2168, § 4 
 
 if said board deems it proper to include therein any territory not included within the 
 said proposed boundaries, they shall first cause notice of their intention so to do, to be 
 mailed to each owner of land within said territory proposed to be included whose name 
 appears as such on the last completed assessment roll of the county or city and county 
 wherein said territory lies, addressed to such owner at his address given on such 
 assessment roll, or if no address is so given, then to his last known address; or if it be 
 not known, then at the county seat of the county in which his land lies, which said 
 notice shall describe the territory so proposed to be included, and shall fix a time, not 
 less than two weeks from the date of mailing thereof, when all persons interested may 
 appear before said board and be heard ; and further provided, that the boundaries lying 
 within a municipal corporation shall not be altered unless the municipal board of such 
 municipal corporation shall, by resolution, assent to the alteration of such boundaries 
 therein. 
 
 Determination of supervisors. Finding final. Copy filed with secretary of state. 
 
 Upon such hearing of such petition the board shall determine whether or not the 
 public necessity or welfare of the proposed territory and of the inhabitants thereof 
 requires the formation of such district, and shall also determine whether or not said 
 petition complies with the provisions of this act, and for that purpose must hear all 
 competent and relevant testimony offered in support of or in opposition thereto. A 
 finding of the board of supervisors in favor of the genuineness and sufficiency of the 
 petition and notice shall be final and conclusive against all persons except the state of 
 California, upon suit commenced by the attorney general. If, from the testimony 
 adduced before said board, it appears to said board that the public necessity or welfare 
 requires the formation of such district, the said board shall, by an order entered on its 
 teinutes, declare such to be its finding, and shall further declare and order that the 
 territory within the boundaries so fixed and determined, be created a mosquito abate- 
 ment district, under an appropriate name to be selected by said board, which name shall 
 contain the words "Mosquito Abatement District." The county clerk shall imme- 
 diately cause to be filed with the secretary of state a certified copy of such order of the 
 bo.ard of supervisors, and from and after the date of the filing of such certified copy, 
 the district named therein shall be deemed incorporated as a mosquito abatement dis- 
 trict, with all the rights, privileges and powers set forth in this act, and necessarily 
 incident thereto. 
 
 Board of trustees. Term of office. 
 
 $ 4, Within thirty days after the said filing with the secretary of state of the certifi- 
 cate of incorporation of said district, a governing board of trustees for said district 
 shall be appointed. Said board shall consist of one trustee to be appointed from said 
 district at large by said board of supervisors and of one trustee to be appointed from 
 each municipality in said district by the governing board of such municipality; pro- 
 vided, that, if the board of trustees thereby created shall consist of less than five 
 members, then the board of supervisors shall appoint from such district at large enough 
 additional members to make a board of five trustees. The governing board of such dis- 
 trict shall be called * * The Board of Trustees of Mosquito Abatement 
 
 District." Each trustee appointed by a municipal board shall be an elector of the 
 municipality from which he is appointed, and each appointee of the board of super- 
 visors shall be an elector of the district. All such trustees shall hold office for the 
 term of two years from and after the second day of the calendar year succeeding their 
 appointment; provided, however, that the first board of trustees appointed under the 
 provisions of this act shall, at their first meeting, so classify themselves by lot that 
 one-half of their number, if the total membership is an even number, and if uneven
 
 Act 2168. §§ 5-7 GENERAL LAWS. 112S 
 
 then that a bare majority of their number, shall go out of office at the expiration of one * | 
 year and the remainder at the expiration of two years, from the second day of the 
 calendar year succeeding their appointment. 
 
 Meetings. Compensation. Quorum. 
 
 ^ 5. The members of the board of trustees shall meet on the first Monday subsequent 
 to thirty days after the filing with the secretary of state of the certificate of incorpora- 
 tion of said district and shall organize by the election of one of their members as 
 president and one thereof as secretary'. The members of the board shall serve without 
 compensation except that the necessary expenses of each member for actual traveling 
 expenses on meetings or business connected with said board shall be allowed and paid. 
 In event of the resignation, death or disability of any member, his successor shall be 
 appointed by the board of supervisors, if such board originally made such appointment, 
 or by the governing board of the appropriate municipalitj', if such appointment were 
 originally made by the board of a municipality. The board of trustees shall provide 
 for the time and place of holding its regular meetings, and the manner of calling the 
 same, and shall establish rules for its proceedings. Special meetings shall be called by 
 three trustees and notice of the holding thereof shall be given to each member at least 
 three hours before the meeting. All of its sessions, whether regular or special, shall 
 be open to the public and a majority of the members of the board shall constitute a 
 quorum for the transaction of business. 
 
 Extermination of mosquitoes, etc. 
 
 $ 6. The board of trustees of such district shall have power to take all necessary 
 or proper steps for the extermination of mosquitoes. Hies or other insects Avithin the dis- 
 trict, and subject to the paramount control of the municipal or other public authorities, 
 to abate as nuisances all stagnant pools of water and other breeding places for mos- 
 quitoes, flies or other insects within the district; to purchase such supplies and materials 
 and to emplo}^ such labor as may be necessary or proper in furtherance of the objects 
 of this act, and if necessary or proper, in the furtherance of the same, to build, con- 
 struct and thereafter to repair and maintain, necessary levees, cuts, canals or channels 
 upon any land within the district, and to acquire by purchase, condemnation or by other 
 lawful means, in the name of the district, any necessar}' lands, rights of way, easements, 
 property or material requisite or necessary for any of such purposes; to make contracts 
 to indemnify or compensate any owner of land or other property for any injury or dam- 
 age necessarily caused by the exercise of the powers by this act conferred or arising 
 out of the use, taking or damage of such property for any of such purposes, and gen- 
 erally to do any and all things necessary or incident to the powers hereby granted and 
 to carry out the objects specified herein. 
 
 Estimate of expenses. Tax levy. 
 
 $ 7. The board of trustees of each mosquito abatement district shall at least fifteen 
 days before the first day of the month in which the board of supervisors of the county, 
 or city and county, in which such district is situate, is required by law to levy the 
 amount of taxes required for county, or city and county, purposes, furnish to the board 
 of supervisors and to the county auditor, respectively, an estimate in writing of the 
 amount of money necessary for all purposes required under the provisions of this act 
 during the next ensuing fiscal year. The board of supervisors of such county, or city 
 and county, shall thereafter, at the time and in the manner of levying other county, or 
 city and county, taxes, levy upon all of the taxable property within the district and 
 cause to be collected a tax, to be known as the " Mosquito Abate- 
 ment District Tax, ' ' the maximum rate of which must not be greater than suflScient to 
 
 T1^ 
 
 I
 
 1129 INSECTS. Act 2168, § 8 
 
 raise the amount estimated to be raised by the said board of trustees of the district, nor 
 in any event shall such tax exceed ten cents on each one hundi'ed dollars of taxable 
 property in such district. 
 
 Election on tax levy. Ballots. 
 
 Whenever it appears to the board of trustees of such district that the amount of 
 funds required during the next ensuing fiscal j'ear shall exceed the maximum amount 
 which the supervisors are authorized to levy for the annual district tax, as hereinabove 
 in this section provided, then said board of trustees may in their judgment call an elec- 
 tion and submit to the electors of the district the question of whether a tax shall be 
 voted for raising the necessary additional funds, and notice thereof shall be published 
 for at least four weeks prior to such election in a newspaper printed and published in 
 such district ; provided, that no particular form of ballot shall be required nor shall any 
 formalities in conducting such election invalidate the same, if the election shall have 
 otherwise been fairly conducted. At such election the ballots must contain the words 
 
 "Shall the district vote a tax to raise the additional sum of $ V The board 
 
 of trustees shall canvass said votes cast at such election and if a majority of the votes 
 east are in favor of the imposition of said tax the board of trustees must report the 
 same to the board of supervisors, stating the additional amount of money required to 
 be raised. The board of supervisors shall at the time of levying the county taxes, levy 
 an additional tax upon all of the taxable property in the district voting such additional 
 tax sufficient to raise the amount voted. 
 
 Collection of taxes. 
 
 All taxes levied under the provision of this section shall be computed and entered 
 on the county assessment roll by the county auditor, and collected at the same time 
 and in the same manner as state and county taxes; and when collected shall be paid 
 into the county treasury for the use of the district. 
 
 Withdrawal of funds. 
 
 The funds shall be withdrawn from the county treasury upon the warrant of the 
 board of trustees of such district signed by the president or acting president of the 
 board, and countersigned by its secretary. 
 
 Annexation of territory. Canvass of votes. Property in cities. 
 
 § 8. Any territory, incorporated or unincorporated, lying adjacent and contiguous to 
 a mosquito abatement district, may be added and annexed to such district, at anj'' time, 
 upon proceedings being had and taken as in this act provided. The board of trustees 
 of si;ch district, upon receiving a written petition therefor containing a description of 
 the new territory sought to be annexed to such district, signed by the owners comprising 
 more than one-half of the assessed value of such territory as shown by the last county 
 assessment-roll, must thereupon submit to the electors of the district and also to the 
 electors residing in the territory sought to be annexed, the proposition of whether 
 such proposed territory' shall be annexed and added to such district. The proposition 
 to be submitted to the electors at such election, both within said district and within said 
 territory so proposed to be annexed, shall be as follows: "For annexation," or 
 "Against Annexation," or words equivalent thereto. Such election must be called 
 and held, and notice thereof shall be published for at least four weeks prior to such 
 election in a newspaper printed and published in such district, and also in a newspaper 
 printed and published in such territory so proposed to be annexed. The board of 
 trustees shall canvass, separately, the votes cast within said district, and the votes cast 
 within said territory so proposed to be annexed, and if it shall appear from such can- 
 vass that a majoi-ity of all the ballots cast in such district and a majority of all the 
 ballots cast in such territory so proposed to be annexed are in favor of annexation, the
 
 Act 2168, §g 9, 10 GKNBRAL, LAWS. 1130 
 
 board of trustees shall certify such fact to the secretary of state describing said prop- 
 erty proposed to be annexed and upon receipt of such last mentioned certificate, the 
 secretary of state shall thereupon issue his certificate reciting that the territory (de- 
 
 wribing the same) has been annexed and added to the Mosquito Abatement 
 
 District (naming it), and a copy of such certificate of the secretary' of state shall be 
 transmitted to and filed with the county clerk of the county, or city and county, in 
 which such mosquito abatement district is situated. From and after the date of such 
 certificate the territory named therein shall be deemed added and annexed to and form 
 a part of said mosquito abatement district, with all the rights, privileges and powers set 
 forth in this act and necessarily incident thereto. If the property so proposed to be 
 annexed is included within a municipality, consent to such annexation shall first be 
 obtained from the governing board of such municipality, and an authenticated copy of 
 the resolution or order of such board so consenting to such annexation, shall be attached 
 '-0 the petition, and be made a part thereof. 
 
 Dissolution of district. Disposition of property. 
 
 $ 9. The district may at any time be dissolved upon the vote of two-thirds of the 
 qualified electors thereof, upon an election called by its board of trustees upon the 
 question of dissolution, and the proposition which shall be submitted to the electors at 
 such election shall be as follows: "Shall the district be dissolved?" Such election 
 must be called and held; and notice thereof shall be published for at least four weeks 
 prior to such election in a newspaper printed and published in such districts. If two- 
 thirds of the votes at such election shall be in favor of the dissolution of the district, 
 the board of trustees shall certify such fact to the secretary of state, and upon receipt 
 of such last mentioned certificate, the secretary of state shall thereupon issue his cer- 
 tificate reciting that the mosquito abatement district (naming it) has been dissolved, 
 and a copy of such certificate of the secretary of state shall be transmitted to and filed 
 with the county clerk of the county, or city and county, in which such mosquito abate- 
 ment district is situated. From and after the date of such certificate the district named 
 therein shall be deemed disincorporated, and the property of the district shall thereupon 
 vest in the county, or city and county wherein said district is situate, if the district at 
 the time of its dissolution comprises unincorporated territory alone, and if it comprises 
 incorporated territory alone, or partly incorporated and partly unincorporated terri- 
 tory, then in such event its property shall be ratably apportioned amongst the several 
 municipalities and the county, or city and county, in proportion to the assessed value 
 of the property included within said district as shown upon the last county assessment 
 roll; provided, however, that any real property, easements or rights of way, belonging 
 to said district shall in such event remain the property of the municipality wherein the 
 same is situate, if situated within incorporated territory, otherwise the same shall 
 remain the property of the county. 
 
 Publication of notices. Definitions. 
 
 § 10. Every notice herein required to be published may be published in a daily or 
 weekly or semi-weekly newspaper; and if there is no daily or weekly or semi-weekly 
 newspaper published within the district or within a subdivision thereof or other terri- 
 tory wherein the same is required to be published, then such notice shall be posted for 
 the length of time herein required for the publication of the same in three public places 
 of such district or such subdivision thereof or such other territory as the case may be. 
 The term "municipality," as used in this act, shall include a consolidated city and 
 county, city or town, and shall be understood and so construed as to include, and is 
 hereby declared to include, all corporations heretofore organized and now existing, and 
 those hereafter organized, for municipal purposes. The word "district" shall apply,
 
 1131 INSECTS. Act 216D, §8 1-3 
 
 unless otherwise expressed or used, to a mosquito abatement district formed under the 
 provisions of this act, and the word "trustees," and the words "board of trustees," 
 shall apply to the trustees and to the board of trustees of such district. 
 
 Constitutionality of act. 
 
 § 11, If any section, subsection, sentence, clause or phrase of this act is for any rea- 
 son held to be unconstitutional, such decision shall not affect the validity of the remain- 
 ing portions of this act. The legislature hereby declares that it would have passed this 
 act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the 
 fact that any one or more other sections, subsections, sentences, clauses or phrases be 
 declared unconstitutional. 
 
 PREVENTION OF IMPORTATION OF INSECTS. 
 ACT 2169 — An act to prevent the importation into or transportation through the state 
 of California of insects injurious to cultivated crops, providing exemption for spe- 
 cific scientific purposes, fixing the authority to grant such exemption and providing a 
 penalty for a violation of the terms of this act. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 271. 
 
 Importation of injurious insects forbidden. 
 
 $ 1. No person, firm or corporation shall bring into the state of California, nor shall 
 any railroad, steamship, express or other transportation company knowingly transport 
 into the state of California from any state, territory or district in the United States, or 
 from any foreign country, or from one point or place in the state of California to an- 
 other point or place therein, any cotton boll weevil, gypsy moth, or any insect in a live 
 state which is injurious to cultivated crops, or the eggs, larvae or pupae of any insect 
 injurious as aforesaid, except when brought for scientific purposes under the regula- 
 tions hereinafter provided for; nor shall any person bring into the state of California 
 from any state, territory or district in the United States, or from any foreign country, 
 or from any point or place in the state of California to another point or place therein, 
 except for scientific purposes under the regulations as hereinafter provided for, any 
 insect in a live state which is injurious to cultivated crops, or the eggs, larvae or pupae 
 of any insect injurious as aforesaid. 
 
 Insects for scientific purposes exempted. 
 
 § 2. No provision in this act shall apply to the transportation or moving into or 
 through the State of California, of live insects for scientific purposes under the rules 
 and regulations promulgated by the United States department of agriculture, or by the 
 state commissioner of horticulture of California. 
 
 Penalty. 
 
 $ 3. Any person, firm or organization who shall violate the provisions of section 
 one of this act shall be guilty of a misdemeanor. 
 
 INSOLVENCY. 
 
 See "Bankruptcy and Insolvency."
 
 Act 2181, §§ 1. a GENERAL, LAWS. 1133 
 
 CHAPTER 165. 
 
 INSURANCE. 
 
 References: Agents, see Kerr's Cyc. Political Code, §§ 633, et seq. 
 
 Benefit societies, see tit. "Benefit Societies." 
 
 Burning insured property, see Kerr's Cyc. Penal Code, § 548. 
 
 Classification of business, see Kerr's Cyc. Political Code, § 594. 
 
 False proof of loss, see Kerr's Cyc. Penal Code, § 549. 
 
 Firemen's insurance, see tit. "Fire Department." 
 
 Insurance commissioner, see Kerr's Cyc. Political Code, §§ 588, et se(l. 
 
 Insurance companies, see Kerr's Cyc. Political Code, §§ 596, et seq. 
 
 Insurance corporations, see Kerr's Cyc. Civil Code, §§ 414, et seq. 
 
 Jute goods, insurance of, see tit. "Jute Goods." 
 
 Police insurance, see tit. "Police." 
 
 State property, insurance of, see tit. "Harbor Commissioners." 
 
 Title insurance, see tit. "Titles." 
 
 Workmen's compensation insurance, see tit. "Master and Servant," Act 2781, and tit. 
 "Industrial Accident Commission," Acts 2106, 2106a, 2106b. 
 Editor's Note. — All acts relating to the formation of insurance corporations enacted 
 prior to the adoption of the Civil Code, were repealed by section 288 of that code, except 
 as to existing corporations. This includes a number of early acts, beginning with that 
 of 1851 (Stats. 1851, p. 523), which were not repealed or otherwise abrogated prior to 
 the enactment of the code. All these acts have been omitted, upon the theory that, 
 since they apply only to corporations formed under them, prior to the adoption of the 
 code, and since few, or probably none, of these corporations exist, the acts themselves 
 are obsolete. As to acts relating to the conditions of doing insurance business, and the 
 matter of insurance regulation, prior to the adoption of the code, they have been 
 repealed or superseded mostly by the code and amendments thereto, and are omitted 
 for that reason. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2181. Borrowing Money From Insurance Companies. 
 
 2182. Printing Notice of Assessment on Policy Coveb. 
 
 2183. County Fire Insurance Companies Act. 
 
 2185. Non-insurance of State Property. 
 
 2186. Standard Form of Fire Insurance Policy. 
 
 2187. Extending Time for Filing Insurance Statement. 
 
 2189. Livestock Insurance. 
 
 2189a. Standard Form of Accident and Health Policy. 
 
 2190. Mutual Fire Insurance Companies. 
 
 2192a. Keciprocal Indemnity Insurance Act of 1917. 
 
 2193, Mutual Workmen's Compensation Insurance Companies, 
 
 2194. Misrepresenting Terms of Insurance Policy. 
 
 2196. Social Insurance Investigating Commission. 
 
 2197. Guaranty Surplus and Special Eeserve Funds, 
 2199, Liquidation of Delinquent Insurance Companies. 
 
 BORROWING MONEY FROM INSURANCE COMPANIES. 
 
 ACT 2181 — An act prohibiting the borrowing of money from an insurance company by 
 
 an officer of such company. 
 
 History: Approved June 6, 1913. In effect August 10, 1913. Stats. 
 1913, p. 468, 
 
 Officers prohibited from borrowing from insurance funds. 
 
 $ 1. No officer of any insurance company shall directly or indirectly, for himself or 
 
 as a partner or agent for others, borrow any of the funds of such insurance company; 
 
 provided, however, that the provisions of this act shall not be construed to prevent the 
 
 borrowing by any insured upon the security of policies of insurance in accordance with 
 
 their terms, nor prevent agents of life insurance companies from receiving advances 
 
 under their agency contracts. 
 
 Penalty. 
 
 ^ 2, Any officer who acts in violation of the provisions of this act shall be guilty 
 of a misdemeanor. 
 
 II
 
 1133 INSIRANCEJ. Acts 2183, 2183, §§ 1, 2 
 
 PRINTING NOTICE OF ASSESSMENTS ON POLICY COVER. 
 ACT 2182 — An act to provide for a notice to be printed on the cover of the policies of 
 all insurance companies, associations or societies relating to future assessments. 
 History: Approved June 6, 1913. In effect August 10, 1913. Stats. 
 1913, p. 674. 
 
 Notice on policies Liable for assessments. 
 
 $ 1. Every insurance policy issued in this state under the terms of which the insured 
 named in such policy is liable in any event to pay an assessment in addition to the 
 premium stated in the policy, shall have conspicuously printed upon the back or the 
 outside cover thereof, under the name of the corporation, association, society or persons 
 issuing the same, in plain type, the words: "Notice; under the terms of this policy 
 insured is liable for future assessments," 
 
 Provided, however, that the provisions of this section shall not apply to any policy 
 of a mutual fire insurance comjaany. 
 
 Penalty. 
 
 § 2. On a violation of the provisions of this act by any insurance company, associa- 
 tion or society, the insurance commissioner shall forthwith revoke the eertifieate of 
 authority of such company, association or society, for a period of not less than one year. 
 
 COUNTY FIRE INSURANCE COMPANIES ACT. 
 ACT 2183 — To provide for the organization and management of county fire insurance 
 companies. 
 
 History: Approved April 1, 1897, Stats. 1897, p. 439. Amended (1) 
 March 23, 1907, Stats. 1907, p. 941; (2) April 15, 1909, Stats. 1909, 
 p. 912; (3) May 1, 1911, Stats. 1911, p. 1339; (4) April 24, 1917, in effect 
 July 27, 1917, Stats. 1917, p. 163; (5) May 26, 1917, in effect July 27, 
 1917, Stats. 1917, p. 943. 
 
 Incorporation of. 
 
 ^ 1. Any number of persons, not less than twenty-five, residing in any county in 
 this state, owning insurable property aggregating not less than fifty thousand dollars 
 in value, which they desire to have insured, may incorporate for the purpose of mutual 
 insurance against loss or damage by fire. 
 
 Articles of incorporation. Certificate. 
 
 § 2. Such persons shall file with the insurance commissioner a declaration of their 
 intention to incorporate for the purposes exj^ressed in section one of this act, which 
 declaration shall be signed by all of the incorporators, and shall contain a copy of the 
 articles of incorporation proposed to be adopted. The insurance commissioner shall 
 examine the proiDOsed articles of incorporation, and if they conform to this act he shall 
 deliver to such persons a certificate permitting them to incorporate as such insurance 
 company. Such certificate shall be directed to the clerk of the county in which such 
 corporation is proposed to be organized, and shall contain a copy of the proposed 
 articles of incorporation. Upon filing with the secretary of state the certified copies of 
 the duly executed articles of incorporation, as required by section two hundred and 
 ninety of the Civil Code of the state of California, and of the certificate above provided 
 for, the secretary of state shall thereupon issue a certificate of incorporation to such 
 county insurance company, and, upon organizing under such articles of incorporation, 
 such county fire insurance company may carry on a fire insurance business as herein- 
 after provided. The articles of incorporation and the charter or certificate obtained by 
 any county fire insurance company operating under the provisions of this act shall be 
 subject to the control and modification by the legislature of the state of California. 
 The by-laws and all amendments thereto shall be filed with the insurance commissioner 
 within sixty (60) days after their adoption.
 
 Act 21S3, §§ 3-8 GENERAL. LAWS. 1134 
 
 Directors. 
 
 $ 3. The number of directors shall not be less than (7) seven, nor more than eleven 
 (11), a majority of whom shall constitute a quorum to do business. These directors 
 shall be elected from the members of the association by ballot, and shall hold office for 
 one year, or until their successors are elected and qualified. The annual meeting of 
 the members of the company shall be on the second Monday in January of each year. 
 In the election of the first board of directors each member shall be entitled to one vote. 
 At every subsequent election, every person insured shall be entitled to as many votes 
 as there are directors to be elected, and an equal additional number for every risk or 
 risks he holds in the company, and he may cast the same in person or by proxy, dis- 
 tributing them among the directors to be elected, or among a less number of directors, 
 or cumulating them upon one candidate, as he shall see fit. 
 
 Officers. 
 
 $ 4. The directors shall elect, from their own number, a president and a vice-presi- 
 dent, and shall also elect a treasurer and a secretary, who may or may not be members 
 of the company. All of such officers hold their office for one year from the date of their 
 election, and until their successors are elected and qualified. 
 
 Bonds. 
 
 ■^ 5. The treasurer and secretary shall give bonds to the company for the faithful 
 jjerformance of their duties, in such amounts as shall be prescribed by the board of 
 directors. 
 
 Powers. By-laws. 
 
 § 6. Such corporation and its directors shall possess the usual powers, and be sub- 
 ject to the usual duties of corporations and directors thereof, and may make such 
 by-laws, not inconsistent with the constitution and the laws of this state, as may be 
 deemed necessary for the management of its affairs, in accordance with the provisions 
 of this act. Also, to prescribe the duties of its officers and to fi^ their compensation, 
 and to alter and amend its by-laws, when necessaiy. 
 
 Qualifications for members. 
 
 $ 7. Any person owning insurable property in the county in which any such com- 
 pany is formed or any person owning insurable property in any county adjoining the 
 county wherein such company is formed as hereinafter provided, may become a member 
 by insuring therein, and shall be entitled to all the rights and privileges appertaining 
 thereto; but no person not residing in the county in which a company is formed shall 
 become a director of such a company. [Amendment of May 26, 1917. In effect July 27, 
 1017, Stats. 1917, p. 944.] 
 
 What may be insured. Limitation. Pro rata share of expense and loss. 
 
 ^ 8. Such company may issue policies on detached dwellings, schoolhouses, churches, 
 and farm buildings (except hotels and public barns or garages) ; and such property as 
 may be contained therein; also, on property owned by the assured on the premises or 
 stored in public or private warehouses outside the corporate limits of any city or town; 
 provided, that insurance upon personal property owned by the insured including auto- 
 mobiles and live stock permitted under this act, shall continue in full force and effect 
 during the use or transportation thereof in the ordinary course of business of the 
 insured wherever the same may be located at the time of loss; aU for any time not 
 exceeding five years and not to extend beyond the time limited for the existence of the 
 charter; provided, however, that if an amount in excess of four thousand five hundred 
 dollars subject to one risk or hazard be written, then aU in excess of this amount must 
 be immediately placed with or reinsured in some other company; provided, also, that 
 no company that has been organized more than six months shall write insurance subject 
 
 II
 
 1136 insurance:. Act 2183, §S 9, 10 
 
 to one fire in amount exceeding three per cent of the total amount of risks or hazards 
 upon the books of any such company. All persons, whose property is so insured, shall 
 grive their obligations to the company binding themselves, their heirs and assigns to pay 
 their pro rata share to the company of the necessary expense and loss by fire which 
 may be sustained by any member thereof during the time for which their respective 
 policies are written ; and they shall also at the time of effecting the insurance pay such 
 percentage in cash and such other charges as may be required by law or by the rules 
 and by-laws of the company. [Amendment of May 26, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 944.] 
 
 Classifying risks. 
 
 § 9. All such companies must classify the property insured therein at the time of 
 issuing policies thereon under different rates, corresponding as nearly as may be to the 
 greater or less risk from fire loss which may be attached to the several kinds of prop- 
 erty insured. 
 
 Insuring outside county and in municipalities. 
 
 ^ 10. No such company shall insure any property beyond the limits of the countv 
 wherein the said company is organized, excepting that the company may insure in any 
 county next adjoining the county wherein such company is organized. No such com- 
 pany shall issue policies covering on property in excess of four thousand five hundred 
 dollars on any one risk or hazard under one or more policies, without immediately 
 reinsuring the excess amount in some other company. Nor shall any such company 
 assume a risk or risks on property situated in the limits of any city or town, or within 
 any closely built up district, within any one block, without immediately reinsuring all 
 in excess of four thousand five hundred dollars. Any such company may reinsure or 
 accept reinsurance in any company operating under the provisions of this act, and not 
 otherwise, but in no case shall the reinsurance taken by any one company exceed the 
 amount of the risk written by the company- originating the business. The location, 
 character of, and number of risks reinsured shall not vary from that permitted in the 
 case of original insurance. Where the amount of insurance covered by policies already 
 written exceeds four thousand five hundred dollars, no additional insurance shall be 
 written by such company on farm property, within a radius of one hundred feet and 
 such radius shall continue at not less than seventy-five feet during the life of the 
 policy, nor shall any risk be taken on any building closer than one hundred feet to any 
 business property, nor shall any insurance be written by any such company on city 
 or country property in excess of seventy-five per cent of its actual cash value and no 
 additional insurance shall be allowed. 
 
 Terms defined. 
 
 For the purpose of this act "a city or town block" shall be construed to be an area 
 having at least one frontage in a closely built up district fronting on a used public 
 street or highway, surrounded on all sides by a clear space at least equal in width to 
 the clear space of such public street or highway and containing an area of not more 
 than one hundred sixty thousand square feet. 
 
 "Closely built up district" shall mean territory on the line of a public highway or 
 street or block or blocks where for not less than a quarter of a mile the dwelling houses 
 and business structures average less than one hundred feet apart. 
 
 "One risk" means one hazard vinder one or more policies, subject to one fire and 
 relates to the amount named in the policy or policies. 
 
 "Clear space" means space free from combustible material likely to communicate 
 fire. [Amendment of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 944.] 
 
 This section was also amended March 23, 1907, Stats. 1907, p. 941; April 15, 1909, Stats. 
 1909, p. 912; May 1, 1911, Stats. 1911, p. 1339.
 
 Act 2183, §§ 11-13 GENERAL LAWS. X1S« 
 
 Adjnstment of losses. Arbitration. 
 
 ^ 11. Every member of such company who may sustain loss or damage by fire shall 
 immediately notify the president, or in his absence, the secretary thereof, stating the 
 amount of damage or loss sustained or claimed, and if not more than fifteen hundred 
 dollars, then the president and secretary shall proceed to ascertain the amount of such 
 /loss or damage and adjust the same. If the claim for damage or loss be for an amount 
 greater than fifteen hundred dollars, then the president of such company, or in his 
 absence, the vice-president, or in the absence of both, the secretary thereof, shall forth- 
 with convene the board of directors of such company, whose duty it shall be when con- 
 vened, to appoint a committee, of not less than three disinterested members of said 
 company, to ascertain the amount of such damage or loss. If in either case there is a 
 failure of the parties to agree upon the amount of such damage or loss they may submit 
 the question of the amount of such loss to arbitration, and in that event the president 
 of the company shall appoint one disinterested person to act as an arbitrator, and the 
 claimant or insured shall appoint another, and if such two arbitrators fail to agree 
 upon the amount of such loss, then they shall select a third disinterested person to act 
 with them, and such arbitrators so appointed shall have full authority to examine wit- 
 nesses and to do all other things necessary to the proper determination of the amount 
 of loss sustained by the claimant, and shall make their award in writing to the presi- 
 dent of the company, and to the insured, and such award so as aforesaid made, shall 
 be final as to the amount of the loss sustained. The pay of said committee shall be 
 three dollars per day for each day's services so rendered, and five cents for each mile 
 necessarily traveled in the discharge of their duties, which shall be paid by the claim- 
 ant unless the award of such committee shall exceed the sum offered by the company 
 in liquidation of such loss or damage, in which case such expense shall be paid by the 
 company. [Amendment of April 15, 1909. Stats. 1909, p. 912.] 
 
 This section was also amended March 23, 1907, Stats. 1907, p. 941. 
 
 Assessments for deficiency. Loans to meet losses not over certain amount. 
 
 ^ 12. When the amount of any loss shall have been ascertained, which exceeds in 
 amount the cash funds of the company, the president shall convene the directors of 
 said company, who sliall make an assessment upon all of the property to the amount for 
 which each several piece of property is insured, taken in connection with the rate of 
 premium under which it may be classified; except when the amount of such loss or 
 losses does not exceed one-eighth of one per cent of the total amount of insurance in 
 force in any county fire insurance company, then and in such event the directors of 
 said company may, by resolution in writing, signed by two-thirds of said directors in 
 meeting assembled, borrow in the name of said company and give said compan}' 's note 
 or other evidence of indebtedness therefor, in an amount or amounts whose total shall 
 not exceed one-eighth of one per cent of the total amount of insurance in force in said 
 company. The term of said loan or loans shall not be for a greater period than twelve 
 months nor shall the date of maturity be in excess of thirty days bej'ond the date of 
 the annual meeting of said company; provided, further, that the board of directors 
 may at their annual meeting levy an assessment not to exceed twenty-five cents on the 
 one hundred dollars on first class insurance and a pro rata amount on other classes, and 
 said sum so raised shall constitute a reserve fund to be used in emergency cases only 
 and another assessment for this fund shall not be made while this reserve fund remains 
 intact. [Amendment of April 24, 1917. In effect July 27, 1917. Stats. 1917, p. 163.] 
 
 This section was also amended March 23, 1907, Stats. 1907, p. 941. 
 
 Notice of assessments. 
 
 ^ 13. It shall be the duty of the secretary, whenever such an assessment shall have 
 been made, to immediately notify every person holding a risk in such company, per-
 
 1137 INSIRANCE. Act 2183, §§ 14-18'/^ 
 
 sonally, by an agent, or by letter directed to his usual postofBee address, of the amount 
 of such loss, and the sum due from him, as his share thereof, and of the time and to 
 whom such pa3rment is to be made; but such time shall not be less than thirty days, 
 nor more than ninety days, from the date of such notice. 
 
 Action for neglect or refusal to pay assessment. 
 
 § 14. An action may be brought against any member of such company who shall 
 neglect or refuse to pay any assessment made upon him by the provisions of this act, 
 or other liabilities due the company, and the directors of any company so formed who 
 shall willfully refuse or neglect to perform the duties imposed upon them by law or by 
 the by-laws of the company shall be liable in their individual capacity to the person 
 sustaining such laws. An action may also be brought and maintained against any such 
 company by members thereof for losses sustained if payment is withheld after the 
 amount of such losses have been determined, and is due by the terms of the policy. 
 
 Annual statement. 
 
 $ 15. It shall be the duty of the secretary to prepare an annual statement, showing 
 the condition of such company on the thirty-first day of December, and present the same 
 at the annual meeting. 
 
 Withdrawals. 
 
 § 16, Any member of such company may withdraw therefrom by surrendering his 
 policy for cancellation at any time while the organization continues the business for 
 which it was organized, by giving notice in writing to the secretary thereof, and paying 
 his share of all claims that may exist against such company; provided, that the com- 
 pany shall have power to cancel or terminate any policy by giving the insured five 
 days' written notice to that effect, and returning to him any excess of premium he may 
 have paid during the term of the policy over the cost of his insurance as measured by 
 the rules or methods of standard fire insurance companies doing business in this state. 
 [Amendment of April 24, 1917. In effect July 27, 1917. Stats. 1917, p. 164.] 
 
 Report of officers. 
 
 § 17. It shall be the duty of the president and secretary, within thirty days after 
 the first day of January in each year, to prepare, under their OAvn oath, and transmit to 
 the insurance commissioner, a statement of the condition of the company on the last day 
 of the month next preceding the annual meeting. If, upon examination, the insurance 
 commissioner finds that such companj' is doing business correctly, in accordance with 
 the provisions of this act, he shall thereupon furnish the company his certificate, which 
 shall be deemed authority to continue business during the ensuing year, subject, how- 
 ever, to the provisions of this act. For such examination and certificate the company 
 shall pay one dollar. Each company shall pay, at the time of organization, five dollars 
 to the insurance commissioner, for all services which he shall render in the matter of 
 organization. 
 
 Dissolution. 
 
 § 18. Any such company may be proceeded against and dissolved in the manner and 
 upon the same conditions as provided in case of other insurance companies incorporated 
 in this state. 
 
 Form of county fire insurance policy. 
 
 $ 18^/2. The following is adopted as a standard form of county fire insurance com- 
 pany 's policy for the state of California, 
 
 Gen. Laws — 72
 
 Act 21S3 GENERAL LAW^S. USS 
 
 Standard form of county fire insurance company's policy. 
 
 CALIFOENIA STANDARD FORM COUNTY FIRE INSURANCE POLICY. 
 
 No Amount $ 
 
 Rate 
 
 No other insurance permitted except by agreement endorsed hereon or added hereto. 
 
 (Here insert name of company, and place of its main office in California, and name 
 of the county in which incorporated or organized.) 
 
 By this policy of insurance the of .county, 
 
 in consideration of dollars, and the obligation as described herein and 
 
 in application, does accept as a member and insures against 
 
 loss or damage by fire during a term of years, commencing at noon on 
 
 the day of , one thousand nine hundred and , 
 
 and terminating at noon on the day of , one thousand nine hun- 
 dred and , to the amount of dollars. 
 
 On the following property, to wit : 
 
 (Blank space for the attachment of forms.) 
 
 For a more particular description, and as forming a part of this policy, reference is 
 had to application No on file in the office of this company. 
 
 This company will not be liable beyond the actual cash value of the interest of the 
 insured in the property at the time of loss or damage nor exceeding what it would then 
 cost the insured to repair or replace the same with material of like kind and quality; 
 said cash value to be estimated without allowance for any increased cost of repair or 
 reconstruction by reason of any ordinance or law regulating repair or reconstruction 
 of buildings, and without compensation for loss resulting from interruption of business 
 or manufacture. 
 
 This policy is made and accepted subject to the foregoing stipulations and conditions 
 and those hereinafter stated, which are hereby specifically referred to and made a part 
 of this policy, together with such other provisions, agi'eements or conditions as may 
 be endorsed hereon or added hereto, and no officer, agent, or other representative of 
 this company shall have power to waive any provision or condition of this policy 
 except by writing endorsed hereon or added hereto, and no person unless duly authorized 
 in writing shall be deemed the agent of this company. 
 
 The charter and by-laws of this company are to be resorted to and used to explain 
 the rights and obligations of the parties hereto in all cases not herein otherwise espe- 
 cially provided for, and are hereby made a part of this policy. This policy is made 
 and accepted upon the above expressed condition. 
 
 This policy shall not be valid until countersigned by the duly authorized secretary 
 of the company at , California. 
 
 IN WITNESS WHEREOF, this company has executed and attested these presents 
 (here insert name of company) by 
 
 President. 
 
 Countersigned at California, this day 
 
 of , one thousand nine hundred and 
 
 Secretary. 
 Stipulations and conditions. 
 
 STIPULATIONS AND CONDITIONS SPECIFICALLY REFERRED TO. 
 Property not covered, (a) This company shall not be liable for loss to accounts, bills, 
 currency, evidence of debt or ownership of other documents, money, notes, or securi- 
 ties; nor (b) unless liability is specifically assumed hereon, for the loss to bullion, casts, 
 curiosities, drawings, dies, jewels, manuscripts, medals, models, patterns, pictures,
 
 1139 insurance:. Act 2183 
 
 scientific apparatus, business or store or office furniture or fixtures, sculptures, frescoes 
 and decorations, or property held on storage or for repair. 
 
 Hazards not covered. This company shall not be liable for loss by (a) theft, or 
 (b) neglect of the insured to use all reasonable means to save and preserve the property 
 at and after a fire, or when the property is endangered by fire; or (c) (unless fire 
 ensues, and in that event the damage by fire only), by explosion of any kind or light- 
 ning; or (d) by invasion, insurrection, riot, civil war, or commotion, or, (except as 
 hereinafter provided), by military or usurped power, or order of any civil authority, 
 but the company will be liable, unless otherwise provided by endorsement hereon or 
 added hereto, if the property is lost or damaged, by fire or otherwise, by civil authority 
 or military or usurped power exercised to prevent the spread of fire not originating from 
 a cause excepted hereunder and which fire otherwise probably would have caused the 
 loss of or damage to the insured property. • 
 
 Matters voiding policy. 
 
 Matters avoiding policy. This entire policy shall be void, (a) if the insured has con- 
 cealed or misrepresented any material fact or circumstances concerning this insurance 
 or the subject thereof; or (b) in case of any fraud or false swearing by the insured 
 touching any matter relating to this insurance or the subject thereof, whether before 
 or after loss. 
 
 Unless otherwise provided by agreement endorsed hereon or added hereto this entire 
 policy shall be void, (a) if the insured now has or shall procure any other insurance, 
 whether valid or not, on property covered in whole or in part by this policy, or (b) if 
 the interest of the insured be other than unconditional and sole ownership, or (c) if the 
 subject of insurance be a building on ground not owned by the insured in fee simple, or 
 (d) if with the knowledge of the insured foreclosure proceedings be commenced or 
 notice given of sale of any property covered by this policy by virtue of any mortgage 
 or trust deed, or (e) if this policy be assigned before a loss. 
 
 Matters suspending insurance. 
 
 Matters suspending insurance. Unless otherwise provided by agreement endorsed 
 hereon or added hereto this company shall not be liable for loss or damage occurring 
 (a) while the hazard be materially increased by any means within the control of the 
 insured; or (b) if the subject of insurance be a manufacturing establishment, while it 
 is operated in whole or in part at night later than ten o'clock or while it ceases to be 
 operated beyond the period of ten consecutive days; or (c) while mechanics or artisans 
 are employed in building or altering or repairing the described premises for more than 
 fifteen days at any one time; or (d) while illuminating gas or vapor be generated in the 
 described building (or adjacent thereto) for use therein; or (e) while there be kept, used 
 or allowed on the described premises (any usage or custom of trade or manufacture to 
 the contrary notwithstanding), calcium carbide, phosphorus, dynamite, nitroglycerine, 
 fireworks or other explosives or exceeding one quart each of benzine, gasoline, naphtha 
 or ether; or more than twenty-five pounds of gunpowder; or (f) while a building herein 
 described whether intended for occupation by owner or tenant is vacant or unoccupied 
 beyond the period of ten (10) consecutive days; (g) while the interest in, title to or pos- 
 session of the subject of insurance is changed excepting; (1) by death of the insured; 
 (2) change of occupancy of building without material increase of hazard^ and (3) 
 transfer by one or more several co-partners or co-owners to the others. 
 
 Such suspension shall not extend beyond the term of this policy nor create any right 
 for refund of the whole or any portion of premium, nor affect the respective rights of 
 cancellation.
 
 Act 3183 GENERAL, LAAVS. 1146 
 
 Chattel mortgage. 
 
 Chattel mortgage. Unless otherwise provided by agreement in writing endorsed 
 hereon or added hereto this company shall not be liable for loss or damage to any prop- 
 erty insured hereunder while encumbered by a chattel mortgage, but the liability of 
 the company upon other property hereby insured shall not be a:ffected by such chattel 
 mortgage. 
 
 Fallen building clause. 
 
 Fallen building clause. Unless otherwise provided by agreement endorsed hereon or 
 added hereto, if a building or any material part thereof fall, except as the result of 
 fire, all insurance by this policy on such building or its contents shall immediately cease. 
 
 Removal when endangered by fire. 
 
 Removal Avhen endangered by fire. Should any of said property be necessarily 
 removed because of danger from fire, and there is no other insurance thereon, that 
 part of this policy in excess of the value of the insured property remaining in the 
 original location, or, if there is other insurance thereon, that part of this policy in 
 excess of its proportion of the value of the insured property remaining in the original 
 location, shall, for the ensuing five days only, cover the said removed property in its 
 new location or locations. 
 
 Cancellation. 
 
 Cancellation. This policy may be canceled and the insured as a member of this com- 
 pany may withdraw therefrom by the insured surrendering his policy for cancellation 
 at any time while the company continues the business for which it was organized, by 
 giving notice in writing to the secretary thereof and paying his share of all claims that 
 may exist against this company; provided, that this company shall have power to cancel 
 or terminate any policy by giving the insured five days' written notice to that effect 
 and returning to him any excess of premium he may have paid during the term of the 
 policy, over the cost of his insurance as measured by the rate of standard fire insurance 
 companies doing business in this state. 
 
 Adjustment of losses. 
 
 Adjustment of losses — arbitration. The insured who may sustain loss or damage by 
 fire shall immediately notify the president, or in his absence, the secretary' of this com- 
 pany, stating the amount of damage or loss sustained or claimed and if not more than 
 one thousand five hundred dollars then the president and secretary shall proceed to 
 ascertain the amount of such loss or damage and adjust the same. If the claim for dam- 
 age or loss be for an amount greater than one thousand five hundred dollars, then the 
 president of this company, or in his absence, the vice-president, or in the absence of 
 both the secretary thereof, shall forthwith convene the board of directors of said com- 
 pany, whose duty it shall be when convened, to appoint a committee of not less than 
 three disinterested members of this company, to ascertain the amount of such damage 
 or loss. If in either case there is a failure of the parties to agree upon the amount of 
 such damage or loss they may submit the question of the amount of such loss to arbi- 
 tration, and in that event the president of the company shall appoint one disinterested 
 person to act as an arbitrator, and the claimant or insured shall appoint another, and 
 if such two arbitrators fail to agree upon the amount of such loss, then they shall select 
 a third disinterested person to act with them and such arbitrators so appointed shall 
 have full authority to examine witnesses and to do all other things necessary' to the 
 proper determination of the amount of loss sustained by the claimant, and shall make 
 their award in writing to the president of the company and to the insured, and such 
 award, so as aforesaid made, shall be final as to the amount of loss sustained. The pay
 
 .141 INSIRAIVCE. Act 3183 
 
 of said committee shall be three dollars per day for each day's services so rendered and 
 five cents for each mile necessarily traveled in the discharge of their duties, which shall 
 be paid by the claimant unless the award of such committee shall exceed the sum offered 
 by the company in liquidation of such loss or damage, in which case such expense shall 
 be paid by the company. 
 
 Option of company in case of loss. 
 
 Option of company in case of loss. This company may, at its option, take all or any 
 part of the property for which insurance hereunder is claimed at its ascertained or 
 appraised value, and may also, at its option, in satisfaction of its liability hereunder, 
 repair, rebuild, or replace any building or structure or machine or machinery used 
 therein, with other of like kind and quality, within a reasonable time, upon giving notice 
 within twenty days of its intention so to do after the receipt by it of the preliminary 
 l^roof of loss, or, if verified amendments have been requested, within twenty days after 
 their receipt, or, within twenty days after the receipt of an affidavit that the insured is 
 unable to furnish such amendments. There can be no abandonment to this company of 
 any property. 
 
 Apportionment of loss. 
 
 Apportionment of loss. This company shall not be liable under this policy for a 
 greater proportion of any loss on the described property, or for loss by, and expense of, 
 removal from the premises endangered by fire, than the amount hereby insured bears to 
 the entire insurance covering such property whether valid or not, or by solvent or 
 insolvent insurers. 
 
 Assessment for deficiency. 
 
 Assessment for deficiency. When the amount of any loss shall have been ascertained, 
 which exceeds in amount the cash funds of the company, the president shall conveiie the 
 directors of this company, who shall proceed in the manner as provided in section twelve 
 of this act. 
 
 Notice of assessment. 
 
 Notice of assessment. It shall be the duty of the secretary, whenever assessment shall 
 have been made, to immediately notify every person holding a risk in this company, 
 personally, by an agent, or by letter directed to his usual postoffice address, of the 
 amount of such loss, and the sum due from him, as his share thereof, and of the time 
 and to whom such payment is to be made; but such time shall not be less than thirty 
 days, nor more than ninety days from date of such notice. 
 
 Action for neglect to pay assessments. 
 
 Action for neglect or refusal to pay assessments. An action may be brought against 
 the member whose property is insured herein and this policy is automatically suspended 
 if the insured shall not have paid, before it is delinquent, his portion of any assessment 
 levied or other liability due this company for a period in excess of ninety days. The 
 directors of this company who shall willfully refuse or neglect to perfonn the duties 
 imposed upon them by law or the by-laws of the company, shall be liable in their indi- 
 vidual capacity to the person sustaining such loss. An action may also be brought and 
 maintained against this company by members thereof for losses sustained if payment 
 is withheld after the amount of such losses have been determined and is due by the terms 
 of the policy. 
 
 Non-waiver by appraisal. 
 
 Non-waiver by appraisal or examinntion. This company shall not be held to have 
 waived any provision or condition of this policy or anj- forfeiture thereof, by assenting
 
 Act21S3 GKIVERAL. LAWS. 1142 
 
 to the amount of the loss or damage or by any requirement, act or proceeding on its 
 part relating to the appraisal or to any examination herein provided for. 
 
 Subrogation. 
 
 Subrogation. If this company shall claim that the fire was caused by the act of any 
 person or corporation, this company shall, upon payment of the loss be subrogated to the 
 extent of such payment to all right of recovery by the insured for the loss resulting 
 therefrom, and such right shall be assigned to this company by the insured on receiving 
 such payment. 
 
 Time for commencement of action. 
 
 Time for commencement of action. No suit or action on this policy for the recovery 
 of any claim shall be sustained, until after full compliance by the insured with all of 
 the foregoing requirements, nor unless begun within fifteen months next after the com- 
 mencement of the fire. 
 
 Definitions. 
 
 Definitions. Wherever in this policy the word "insured" occurs, it shall be held to 
 include the legal representatives of the insured in case of death, and wherever the 
 word "loss" occurs, it shall be deemed the equivalent of "loss or damage," and wher- 
 ever the words "the time of loss or damage" are used they shall be deemed the equiva- 
 lent of "the time of the commencement of the fire." 
 
 There shall be printed on the outside fold of said policy in type not smaller than small 
 pica the following words in this form : 
 
 READ THIS POLICY. 
 
 Insurance company is liable only for actual cash value. 
 
 Policy is void in case of any fraud, false swearing, misrepresentation or concealment 
 about material facts. 
 
 Policy is void, unless otherwise agreed in writing, if — 
 
 1. It is assigned before loss; 
 
 2. Insured has or shall procure other insurance; 
 
 3. Any change occurs in location of property; 
 
 4. Insured building is on ground not owned in fee simple by the insured; 
 
 5. Insured is not sole and unconditional owner. 
 
 Policy is suspended unless otherwise agreed in writing, if — 
 
 6. Described building becomes vacant or unoccupied for ten days; 
 
 7. Mechanics are employed more than fifteen days in repairing same; 
 
 8. Property is or becomes encumbered by chattel mortgage; 
 
 9. Illuminating gas or vapor is generated in or adjacent to described building; 
 
 10. Explosives or prohibited quantities of gasoline, etc., (except the gasoline con- 
 tained in automobiles and gas engine tanks), as are kept on premises; and provided, 
 also, that the insurance on live stock and automobiles shall cover wherever located at 
 the time of the fire. 
 
 [PASTEE.] 
 
 Insurance ceases if described building or any material part falls except as result of 
 fire. 
 
 Policy does not cover certain enumerated personal property. 
 
 Note particularly duty of insured in case of loss; also provisions avoiding or sus- 
 pending policy, including changes of ownership or possession. 
 
 Dwelling house and contents policy form. 
 
 DWELLING HOUSE AND CONTENTS POLICY FORM. 
 
 $ on the dwelling house and all its additions, foundations, 
 
 perches, verandas and screens, including all permanent wall and ceiling decorations, 
 
 J
 
 1143 INSl RANCE. Act 2183 
 
 frescoes, gas, steam, water, heating and lighting fixtures and connections, and all other 
 
 permanent fixtures attached to and forming a part of the building, situate , 
 
 California. 
 
 $ on household furniture, useful and ornamental, family wearing apparel, 
 
 family stores and supplies, and all other personal effects of every kind and description 
 (except accounts, bills, currency, evidences of debt or ownership, or other documents, 
 money, notes, securities, bullion, drawings, dies, manuscripts, medals, models and pat- 
 terns) including casts, curiosities, pictures, scientific apparatus and sculptures, the 
 property of the insured or of any member of the insured 's household, unless specifically 
 insured, all contained in the above described dwelling house. 
 
 Loss, on building, if any, payable to 
 
 Claim for loss on any one picture, piece of statuary, curiosity, or work of art, shall 
 not exceed the cost of same, and unless specifically insured, shall not exceed one hun- 
 dred dollars. 
 
 The privilege for the within described dwelling to remain vacant or unoccupied is 
 hereby increased to thirty (30) consecutive days. 
 
 Permission is granted for mechanics or artisans to make alterations or repairs to the 
 within described building for more than fifteen (15) days at any one time, and to build 
 additions, this policy to cover on and in same under the respective items hereof. 
 
 Permission is hereby granted (when not prohibited by local ordinance) for the use 
 of gasoline stoves or lamps, it being warranted by the insured that the reservoir 
 attached to each stove or lamp be filled during daylight only, and then only when the 
 stove or lamp is not in use, and that no artificial light be permitted in the room when 
 the reservoir is being filled, and that no gasoline, except that contained in the reservoir, 
 shall be kept within the building. A breach of this warranty renders this permit null 
 and void. 
 
 Attached to policy No of the 
 
 Dated ,191 Secretary. 
 
 [PASTER.] 
 
 By special agreement endorsed on the policy or added thereto, the provisions regard- 
 ing appraisement or apportionment of loss may be waived and the valuations of all or 
 any of the insured property in case of total loss may be agreed upon in advance of loss. 
 
 Said standard form of polic}' shall be plainly printed and no portion thereof shall 
 be in type smaller than small pica and subheads shall be in type larger than pica, and 
 the lines of the policy shall be numbered consecutively. 
 
 All mutual fire insurance policies on property in California shall be on said standard 
 form, and except as herein provided, shall not contain additions thereto. No part of 
 the standard form shall be omitted therefrom. 
 
 The blanks in said standard form shall be appropriately filled. The company may 
 add to the standard form any matter relating to its financial condition, directors, 
 officers, stockholders and history, and the address of its home office, and principal 
 office in the state; also in red ink any provisions respecting any limitation of liability 
 of the company, its stockholders or members which it is required or permitted by the 
 law of the state or county of its organization to insert in its policies. 
 
 Clauses may be added to the standard form providing for and defining the rights, 
 duties and obligations of mortgagees, assignees and other parties who have acquired 
 or may acqi;ire an interest in, right to or lien upon the insured property. 
 
 No clause shall be inserted or rider attached affecting the standard form liability
 
 Acts 2185, 218C, § 1 GENERAL LAWS. 1144 
 
 of the insurer for loss or damage by fire occasioned either directly or indirectly by 
 earthquake, hurricane, volcanic action or other disturbance of nature, unless the same 
 shall be printed in red ink in type larger than small pica and at the head of the policy 
 there shall be printed in red ink in large bold-faced type the words "This policy con- 
 tains limifations of liability not permitted in the California standard form," 
 
 Clauses may be added to the standard form (a) covering property and risks not 
 otherwise covered; (b) assuming greater liability than is otherwise imposed on 
 the insurer; (c) granting insured permits and privileges not otherwise provided; 
 
 (d) Avaivers of any of the matters, voiding the policy or suspending the insurance; 
 
 (e) waivers of any of the requirements imi^osed on the insured after loss. 
 
 Except as herein otherwise provided clauses may be attached to the standard form 
 by separate riders in tj^pe larger than pica imposing specified duties and obligations 
 upon the insured and limiting the liability of the insurer. 
 
 Any insurer, or the agent countersigning or issuing a fire insurance policy covering 
 in whole or in part property in California varying from the California standard form 
 of policy except as herein provided is guilty of a misdemeanor but any policy so issued 
 shall notwithstanding be binding upon the company issuing the same. [New section 
 added May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 945.] 
 
 Repealed. 
 
 § 19. All laws and parts of laws in conflict with this act are hereby repealed. 
 [Amendment of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 953.] 
 
 NON-INSURANCE OF STATE PROPERTY. 
 ACT 2185 — An act relative to the noninsurance of property belonging to the state 
 against risk of damage or destruction by fire. 
 
 History: Approved March 10, 1891, Stats. 1891, p. 70. 
 
 5 1. No property belonging to this state shall hereafter be insured against risk of 
 damage or destruction by fire, and no policy of fire insurance now existing upon any 
 property belonging to this state shall be renewed at the expiration thereof, except the 
 state printing office and its contents. 
 
 $ 2. This act shall take effect immediately. 
 
 This act has been repealed as to certain state property. See Act 1865. 
 
 STANDARD FORM OF FIRE INSURANCE POLICY. 
 
 ACT 2186 — An act to establish a standard form of fire insurance policy and to prevent 
 
 variations therefrom, excepting under certain stated conditions and restrictions. 
 
 History: Approved March 18, 1909, Stats. 1909, p. 404. 
 
 Standard form of fire insurance policy. 
 
 § 1. The following is adopted as a standard fonn of fire insurance policy for the 
 state of California: 
 
 CALIFORNIA STANDARD FORM FIRE INSURANCE POLICY. 
 No. Amount $ 
 
 No other insurance permitted 
 except by agreement indorsed hereon or added hereto. 
 (Here insert name of compam^, and place of its main office in California, and name 
 of state or country under which incorporated or organized.) 
 
 In consideration of the stipulations herein named and of dollars premium does 
 
 insure for the term of from the day of 19 — , at noon, to the 
 
 day of , 19 — , at noon against all loss or damage by fire, except as hereinafter 
 
 provided. 

 
 11J5 IXSlItANCF. Act2JSe 
 
 To an amount not exceeding dollars to the following described property while 
 
 located and contained as described herein, and not elsewhere, to wit : 
 
 The company -will not be liable beyond the actual cash value of the interest of the 
 insured in the property at the time of loss or damage nor exceeding what it would then 
 cost the insured to repair or replace the same with material of like kind and quality; 
 said cash value to be estimated without allowance for any increased cost of repair or 
 reconstruction by reason of any ordinance or law regulating repair or construction of 
 buildings, and without compensation for loss resulting from interruption of business or 
 manufacture. 
 
 This policy is made and accepted subject to the foregoing stipulations and condi- 
 tions and those hereinafter stated, which are hereby specially referred to, and made 
 part of this policy, together with such other provisions, agreements or conditions as 
 may be indorsed hereon or added hereto, and no officer, agent, or other representative 
 of this company shall have power to waive any provision or condition of this policy 
 except by writing indorsed hereon or added hereto, and no person, unless duly author- 
 ized in writing, shall be deemed the agent of this company. 
 
 This policy shall not be valid until countersigned by the duly authorized agent of 
 the company, at . 
 
 In witness whereof, this companj' has executed and attested these presents (here 
 insert name of company) 
 Countersigned at this day of , 19 — . 
 
 By 
 
 Agent. 
 
 STIPULATIONS AND CONDITIONS SPECIALLY REFEREED TO. 
 Property not covered, (a) This company shall not be liable for loss to accounts, 
 bills, currency, evidences of debt or ownership or other documents, money, notes or 
 securities; nor, (b) unless liability is specifically assumed hereon, for loss to bullion, 
 casts, curiosities, drawings, dies, jewels, manuscripts, medals, models, patterns, pic- 
 tures, scientific apparatus, business or store or office furniture or fixtures, sculptures, 
 frescoes, decorations, or property held on storage or for repair. 
 
 Hazards not covered. This company will not be liable for loss by (a) theft; or 
 (b) by neglect of the insured to use all reasonable means to save and preserve the 
 property at and after a fire, or when the property is endangered by fire; or (c) unless 
 fire ensues (and in that event for the damage by fire only) by explosion of any kind or 
 lightning; or (d) bj' invasion, insurrection, riot, civil war, or commotion, or (except as 
 hereinafter provided) by military or usurped power, or order of any civil authority, but 
 the company will be liable (unless otherwise provided by indorsement hereon or added 
 hereto) if the property is lost or damaged, by fire or otherwise, by civil authority cr 
 military or usurped power exercised to prevent the spread of fire not originating from 
 a cause excepted hereunder and which fire otherwise probably would have caused the 
 loss of or damage to the insured property. 
 
 Matters avoiding policy. This entire policy shall be void, (a) if the insured has 
 concealed or misrepresented any material fact or circumstances concerning this insur- 
 ance or the subject thereof; or, (b) in case of any fraud or false swearing by the 
 insured touching any matter relating to this insvirance or the subject thereof, whether 
 before or after a loss. 
 
 Unless otherwise provided by agreement indorsed hereon or added hereto, this entire 
 policy shall be void, (a) if the insured now has or shall procure any other insurance, 
 whether valid or not, on property covered in whole or in part by this policy, or (b) if 
 the interest of the insured be other than unconditional and sole ownership, or (c) if the 
 subject of insurance be a building on ground not owned by the insured in fee simple,
 
 Act 2186 GE^NERAL LAWS. 1140 
 
 or (d) if with the knowledge of the insured foreclosure proceedings be commenced or 
 notice given of sale of any property covered by this policy by virtue of any mortgage 
 or trust deed, or (e) if this policy be assigned before a loss. 
 
 Matters suspending insurance. Unless otherwise provided by agreement indorsed 
 hereon or added hereto this company shall not be liable for loss or damage occurring 
 (a) while the hazard be materially increased by any means within the control of the 
 insured; or (b) if the subject of insurance be a manufacturing establishment, while 
 it is operated in whole or in part at night later than 10 o'clock or while it ceases to be 
 operated beyond the period of ten consecutive days; or (c) while mechanics or artisans 
 are employed in building or altering or repairing the described premises for more than 
 fifteen days at any one time; or (d) while illuminating gas or vapor be generated in 
 the described building (or adjacent thereto) for use therein; or (e) while there be kept, 
 used or allowed on the described premises (any usage or custom of trade or manufacture 
 to the contrary notwithstanding) calcium carbide, phosphorus, dynamite, nitroglycerine, 
 fireworks or other explosives; or exceeding one quart each of benzine, gasoline, 
 naphtha or ether; or more than twenty-five pounds of gunpowder; or (f) while a 
 building herein described whether intended for occupation by owner or tenant is vacant 
 or unoccupied beyond the period of ten (10) consecutive days; (g) while the interest 
 in, title to or possession of the subject of insurance is changed excepting: — (1) by the 
 death of the insured; (2) a change of occupancy of building without material increase 
 of hazard; and (3) transfer by one or more several copartners or co-owners to the 
 others. 
 
 Such suspension shall not extend the term of this policy nor create any right for 
 refund of the whole or any portion of premium, nor affect the respective rights of 
 cancellation. 
 
 Chattel mortgage. Unless otherwise provided by agreement in writing indorsed 
 hereon or added hereto this company shall not be liable for loss or damage to any 
 property insured hereunder while encumbered by a chattel mortgage, but the liability 
 of the company upon other property hereby insured shall not be affected by such 
 chattel mortgage. 
 
 Fallen building clause. Unless otherwise provided by agreement indorsed hereon or 
 added hereto, if a building or any material part thereof fall, except as the result of fire, 
 all insurance by this policy on such building or its contents shall immediately cease. 
 
 Removal when endangered by fire. Should any of said property be necessarily 
 removed because of danger from fire, and there is no other insurance thereon, that part 
 of this policy in excess of the value of the insured property remaining in the original 
 location, or, if there is other insurance thereon, that part of this policy in excess of its 
 proportion of the value of the insured property remaining in the original location, shall, 
 for the ensuing five days only, cover said removed property in its new location or 
 locations. 
 
 Cancellation. This policy shall be canceled at any time at the request of the insured, 
 in which case the company shall, upon surrender of this policy, refund the excess of 
 paid premium above the customary short rates for the expired time. This policy may 
 be canceled at any time, without tender of unearned portion of premium, by the com- 
 pany by giving five (5) days' written notice of cancellation to the insured and to any 
 mortgagee or other party to whom, with the written consent of the company, this policy 
 is made payable, in which case the company shall, upon surrender of the policy or 
 relinquishment of liability thereunder, refund the excess of paid premium above the pro 
 rata premium for the expired time. 
 
 Duty of insured in case of loss. When a loss occurs the insured must give to this 
 company written notice thereof without unnecessary delay; and shall protect the 
 
 i
 
 1147 INSURANCE. Act 2186 
 
 property from further damage; forthwith separate the damaged and undamaged per- 
 sonal property and put it in the best possible order; and without unnecessary delay 
 make a complete inventory stating as far as possible the quantity and cost of each 
 article, and the amount claimed thereon. 
 
 Within sixty days after the commencement of the fire the insured shall render to the 
 company at its main office in California named herein preliminary proof of loss con- 
 sisting of a written statement signed and sworn to by him setting forth: — (a) his 
 knowledge and belief as to the origin of the &re; (b) the interest of the insured and of 
 all others in the property; (c) the cash value of the different articles or properties 
 and the amount of loss thereon; (d) all encumbrances thereon; (e) all other insurance, 
 whether valid or not, covering any of said articles or properties; (f) a copy of the 
 descriptions and schedules in all other policies unless similar to this policy, and in 
 that event, a statement as to the amounts for which the different articles or properties 
 are insured in each of the other policies; (g) any changes of title, use, occupation, 
 location or possession of said property since the issuance of this policy; (h) by whom 
 and for what purpose any building herein described, and the several parts thereof, 
 were occupied at the time of the fire. 
 
 If the company claims that the preliminary proof of loss is defective and within five 
 days after the receipt thereof (without admitting the amount of loss or any part 
 thereof) notifies in writing the insured, or the party making such proof of loss, of the 
 alleged defects (specifically stating them) and requests that they be remedied by 
 verified amendments the insured or such party within ten days after the receipt of such 
 notification and request must comply therewith, or, if unable so to do, present to the 
 company an aflidavit to that effect. 
 
 The insured shall also furnish, if required, as far as it is practicable to obtain the 
 same, verified plans and specifications of any buildings, fixtures or machinery destroyed 
 or damaged; and the insured shall exhibit to any person designated in writing by this 
 company all that remains of any property herein described and shall submit to exam- 
 ination under oath, as often as required, by any such person, and subscribe to the 
 testimony so given and shall produce to such person for examination all books of 
 account, bills, invoices and other vouchers, and permit extracts and copies thereof to 
 be made, and in case the originals are lost certified copies, if obtainable, shall be 
 produced. 
 
 Ascertainment of amount of loss. This company shall be deemed to have assented 
 to the amount of the loss claimed by the insured in his preliminary proof of loss, unless 
 within twenty days after the receipt thereof, or, if verified amendments have been 
 requested, within twenty days after their receipt, or within twenty days after the 
 receipt of an affidavit that the insured is unable to furnish such amendments, the com- 
 pany shall notify the insured in writing of its partial or total disagreement with the 
 amount of loss claimed by him and shall also notify him in writing of the amount of 
 loss, if any, the company admits on each of the different articles or properties set forth 
 in the preliminary proof or amendments thereto. 
 
 If the insured and this company fail to agree, in whole or in part, as to the amount 
 of loss within ten days after such notification, this company shall forthwith demand 
 in writing an appraisement of the loss or part of loss as to which there is a disagree- 
 ment and shall name a competent and disinterested appraiser, and the insured within 
 five days after receipt of such demand and name, shall appoint a competent and disin- 
 terested appraiser and notify the company thereof in writing, and the two so chosen 
 shall before commencing the appraisement, select a competent and disinterested umpire. 
 
 The appraisers together shall estimate and appraise the loss or part of loss as to 
 which there is a disagreement, stating separately the sound value and damage, and if
 
 w 
 
 Act 2186, §2 GENERAL, LATH'S. 1148 
 
 thej- fail to agree they shall submit their differences to the umpire, and the award in 
 writing duly verified of any two shall determine the amount or amounts of such loss. 
 
 The parties to the appraisement shall pay the appraisers respectively appointed by 
 them and shall bear equally the expense of the appraisement and the charges of the 
 umpire. 
 
 If for any reason not attributable to the insured, or to the appraiser appointed by 
 him, an appraisement is not had and completed within ninety days after said prelim- 
 inary proof of loss is received by this company, the insured is not to be prejudiced by 
 the failure to make an appraisement, and may prove the amount of his loss in an 
 action brought without such apjiraisement. 
 
 Options of company in case of loss. This company may, at its option, take all or any 
 part of the property for which insurance hereunder is claimed at its ascertained or 
 appraised value, and may also, at its option, in satisfaction of its liabilities hereunder, 
 repair, rebuild or replace any building or structure or machine or machinery used 
 therein, with other of like kind and quality, within a reasonable time, upon giving 
 notice within twenty days of its intention so to do after the receipt by it of the 
 preliminary proof of loss, or, if verified amendments have been requested, within 
 twenty days after their receipt, or, within twenty days after the receipt of an affidavit 
 that the insured is unable to furnish such amendments. 
 
 There can be no abandonment to this company of any property. 
 
 Apportionment of loss. This company shall not be liable under this policy for a 
 greater proportion of any loss on the described property, or for loss by, and expenses 
 of, removal from the premises endangered by fire, than the amount hereby insured 
 bears to the entire insurance covering such property whether valid or not, or by 
 solvent or insolvent insurers. 
 
 Loss when payable. A loss hereunder shall be payable in thirty days after the 
 amount thereof has been ascertained either by agreement or by appraisement; but if 
 such ascertainment is not had or made within sixty days after the receipt by the 
 company of the preliminary proof of loss, then the loss shall be payable in ninety days 
 after such receipt. 
 
 Nonwaiver by appraisal or examination. This company shall not be held to have 
 waived any provision or condition of this policy or any forfeiture thereof, by assenting 
 to the amount of the loss or damage or by any requirement, act, or proceeding on its 
 part relating to the appraisal or to any examination herein provided for. 
 
 Subrogation. If this company shall claim that the fire was caused by the act or 
 neglect of any person or corporation, this company shall, on payment of the loss ho 
 subrogated to the extent of such payment to all right of recovery by the insured for 
 the loss resulting therefrom, and such right shall be assigned to this company by the 
 insured on receiving such payment. 
 
 Time for commencement of action. No suit or action on this policy for the recovery 
 of anv claim shall be sustained, until after full compliance by the insured with all of 
 the foreo-oing requirements, nor unless begun within fifteen months next after the 
 commencement of the fire. 
 
 Definitions. Wherever in this policy the word "insured" occurs, it shall be held to 
 include the legal representatives of the insured in case of his death, and wherever the 
 word "loss" occurs, it shall be deemed the equivalent of "loss or damage," and 
 wherever the words "the time of loss or damage" are used they shall be deemed the 
 equivalent of "the time of the commencement of the fire." 
 
 What to be printed on outside fold of policy. 
 
 ^ 2. There shall be printed on the outside fold of said policy in type not smaller than 
 small pica, the following words in this form :
 
 114» INSURANCE. Act 2186. §§ 3-7 
 
 EEAD THIS POLICY. 
 
 Ins. Co. is liable only for actual cash value. 
 
 Policy is void in case of any fraud, false swearing, misrepresentation or concealment 
 about material facts. 
 
 Policy is void, unless otherwise agreed in writing, if 
 
 1st. It is assigned before loss; 
 
 2nd. Insured has or shall procure other insurance; 
 
 3rd. Any change occurs in location of property ; 
 
 4th. Insured building is on ground not owned in fee simple by insured j 
 
 5th. Insured is not sole and unconditional owner. 
 
 Policy is suspended, unless otherwise agreed in writing, if 
 
 6th. Described building becomes vacant or unoccupied for ten days; 
 
 7th. Mechanics are employed more than 15 days in repairing same; 
 
 8th. Property is or becomes encumbered b}' chattel mortgage; 
 
 9th. Illuminating gas or vapor is generated in or adjacent to described building; 
 
 10th. Explosives or prohibited quantities of gasoline, etc., are kept on premises. 
 
 Insurance ceases if described building or any material part falls except as result of 
 fire. 
 
 Policy does not cover certain enumerated personal property. 
 
 Note particularly duty of insured in case of loss; 
 
 Also provisions avoiding or suspending policy, including changes of ownership or 
 possession. 
 
 Special agreement regarding appraisement. 
 
 $ 3. By special agreement indorsed on the policy or added thereto the provisions 
 regarding appraisement or apportionment of loss may be waived and the valuations 
 of all or any of the insured property in case of total loss may be agreed upon in 
 advance of loss. 
 
 Policy to be plainly printed. 
 
 $ 4. Said standard form of policy shall be plainly printed and no portion thereof 
 shall be in type smaller than small pica and subheads shall be in type larger than 
 pica, and the lines of the policy shall be numbered consecutively. 
 
 County fire companies excepted. 
 
 § 5. This act shall not apply to any company organized under an act entitled "An 
 act to provide for the organization and management of county fire insurance com- 
 panies," approved April 1, 1897, or amendments to that act, but all other fire insurance 
 policies on property in California shall be on said standard form, and, except as herein 
 provided, shall not contain additions thereto. No parts of the standard form shall be 
 omitted therefrom. 
 
 What may be added to policy. 
 
 $ 6. The blanks in said standard form shall be appropriately filled. The company 
 may add to the standard form any matter relating to its financial condition, directors, 
 oflflcers, stockholders and history, and the address of its home office and principal office 
 in the United States; also in red ink any provisions respecting any limitation of liability 
 of the company, its stockholders or members which it is required or permitted by the 
 law of the state or country of its organization to insert in its policies. 
 
 Clauses as to mortgagees. 
 
 $ 7. Clauses may be added to the standard form providing for and defining the 
 rights, duties and obligations of mortgagees, assignees and other parties who have 
 acquired or may acquire an interest in, right to or lien upon the insured property.
 
 Act 2186. §§ 8-13 GENERAL LAWS. 1150 
 
 Earthquake clause may be inserted, how. 
 
 ^ 8. No clause shall be inserted or rider attached affecting the standard form liability 
 of the insurer for loss or damage by fire occasioned either directly or indirectly by 
 earthquake, hurricane, volcanic action or other disturbance of nature, unless the same 
 shall be printed in red ink in type larger than small pica and at the head of the 
 policy there shall be printed in red ink in large bold faced type the words, "This 
 policy contains limitations of liability not permitted in the California standard form. ' ' 
 
 Other additional clauses. 
 
 $ 9. Clauses may be added to the standard form (a) covering property and risks 
 not otherwise covered; (b) assuming greater liability than is otherwise imposed on 
 the insurer; (c) granting insured permits and privileges not otherwise provided; 
 
 (d) waivers of any of the matters avoiding the policy or suspending the insurance; 
 
 (e) waivers of any of the requirements imposed on the insured after loss. 
 
 Separate riders. 
 
 $ 10. Except as herein otherwise provided clauses may be attached to the standard 
 form by separate riders in type larger than pica imposing specified duties and obli- 
 gations upon the insured and limiting the liability of the insurer. 
 
 Insurers other than corporations. 
 
 § 11. Any insurers, other than corporations, issuing policies on property in Cali- 
 fornia, shall use the standard form, changing only such words as refer to the corpora- 
 tion or company or to officers or agents of the corporation or company, and in regard 
 to its organization; and such other insurers may substitute in place of such words 
 having peculiar reference to corporations, appropriate words having similar reference 
 to themselves. 
 
 Penalty for violation of act. 
 
 $ 12. Any insurer, or the agent countersigning or issuing a fire insurance policy 
 covering in whole or in part property in California varying from the California stand- 
 ard form of policy except as herein provided is guilty of a misdemeanor but any 
 policy so issued shall notwithstanding be binding upon the company issuing the same. 
 
 § 13. This act shall take effect and be in force from and after the first day of 
 August, 1909. 
 
 Constitntlonality of statutes providing- a 3. Disclaimer In ^vritln^ presamed. — An 
 
 standard form of fire insurance policy. — See alleg-ation in an action on a fire insurance 
 
 6 Ann. Cas. 91. policy of the standard form, that defendant 
 
 1. Judicial notice of termj* in standard disclaimed liability under the policy will 
 form. — The courts will take judicial notice be taken as an allegation that the dis- 
 of the terms of a standard form of fire in- claimer was in writing as the terms of the 
 surance policy, and it is not necessary to standard form policy requires. — Northern, 
 plead it. — Northern, etc., Co. v. National, etc., Co. v. National, etc., Co., 35 Cal. App. 
 etc., Co., 35 Cal. App. 481. 481, 170 Pac. 434. 
 
 2. Premature bringing of action. — "Where 4. Rider prevails T»-hcre Inconsistent Tvith 
 the insurer disclaimed liability upon a saspension clause. — A rider attached to an 
 standard form insurance policy, an action insurance policy of the standard form pre- 
 on the policy commenced before the expira- vails over the suspension clause, so far as 
 tion of ninety days from the alleged pre- thej' are inconsistent. — O'Neill v. Cale- 
 sentation of proofs of loss is premature. — donian, etc., Co., 166 Cal. 311, 135 Pac. 1121. 
 Northern, etc., Co. v. National, etc., Co., 35 
 
 Cal. App. 481, 170 Pac. 434. 
 
 1 
 
 I
 
 1151 INSURANCE. Acts, 2187, 2189, §g 1-3 
 
 EXTENDING TIME FOR INSURANCE STATEMENT. 
 ACT 2187 — An act to extend the time for filing with the insurance commissioner state- 
 ments of insurance "business transacted during the year ending December 31, 1905, 
 within the time prescribed by law, and to remit penalties for failing to file the same. 
 History: Approved June 14, 1906, Stats. 1906 (ex. sess.), p. 30. 
 
 This act extended the time to file statements to July 31, 1906. It was passed because 
 of the destruction of the records in the conflagration in San Francisco in 1906. 
 
 LIVESTOCK INSURANCE. 
 
 ACT 2189 — An act relating to life, health and accident insurance of live-stock on the 
 assessment plan and the conduct of the business of such insurance. 
 
 History: Approved March 23, 1907, Stats. 1907, p. 952. 
 
 Contract of mutual insurance of animals defined. 
 
 $ 1. Every contract whereby a benefit may accrue to a party or parties therein 
 named upon the death or physical disability of an animal insured thereunder, or for 
 the payment of any sums of money dependent in any degree upon the collection of 
 assessments or dues from owners holding similar contracts, shall be deemed a contract 
 of mutual insurance upon the assessment plan. Such contracts must show that the 
 liabilities of the insured thereunder are not limited to fixed premiums. 
 
 How corporations may be formed. Investments. Condition precedent to issuing insur- 
 ance. 
 
 $ 2. Corporations may be formed under the general laws of this state to carry on 
 the business of mutual live-stock insurance upon the assessment plan, and shall be 
 subject only to the provisions of this act. No such corporation shall issue contracts 
 of insurance until at least two hundred (200) persons owning live-stock have applied, 
 in writing, for membership or insurance therein, and have paid to the treasurer of 
 such corporation the sum of five thousand (5000) dollars. This sum shall be invested 
 in bonds or securities, approved by the insurance commissioner of this state, or 
 deposited in some bank in this state where it will earn interest. Said bonds or securi- 
 ties, or evidences of such deposit, shall be placed, through the insurance commissioner 
 of this state, with the state treasurer, and the principal sum shall be held in ti*ust 
 for the contract-holders of such corporation, with the right in the corporation to 
 exchange said bonds, securities, or evidence of bank deposit for others of like value. 
 Such corporation shall also, as a condition precedent to issuing any contracts of 
 insurance, obtain the written certificate of the insurance commissioner that it has 
 complied with the requirements of this act; and that the name of the corporation is 
 not the same as that of any other corporation of this or other states, as indicated by 
 the insurance department reports in his office; nor shall the commissioner approve 
 any name or title so closely resembling another as to mislead the public. No corpora- 
 tion formed hereunder shall have legal existence after one year from the date of its 
 articles, unless its organization has been completed, and business commenced; nor 
 shall any corporation or individual solicit, or cause to be solicited, any business, until 
 such corporation shall have complied with the provisions of section six hundred and 
 thirty-three of the Political Cod« of this state. 
 
 What contracts of insurance shall specify. 
 
 ^ 3. The contracts of insurance issued by such corporation shall specify the sum 
 or sums to be paid upon the happening of the contingency insured against, and when 
 such payments shall be made. Unless the contract shall have been invalidated by 
 fraud or by breach of its conditions, the corporation shall be obligated to pay the 
 beneficiary the amount or amounts specified in its contract at the time or times therein
 
 Act 2IS9, §§ 4-6 GGNEIRAL, LAWS. 1152 
 
 named, and such indebtedness shall be a lien upon all the property of such corporation, 
 with priority over all indebtedness thereafter incurred, except as hereinafter provided 
 in case of insolvency. Failure to make such payment within thirty days after notice, 
 at the home office, by mail, as provided by law, of final judgment, unless waiver is 
 made by the beneficiary, shall constitute a forfeiture of the right to do business. 
 
 Reserve fund required. 
 
 $ 4. Every domestic corporation organized or doing business under this act shall 
 accumulate a reserve or emergency fund, which shall at all times be not less than the 
 largest benefit contracted to be paid by it to any one person. Every existing domestic 
 eorjjoration must accumulate such fund within one year from the date when this act 
 takes effect, and any corporation organized hereunder within one year from the date 
 of its certificate of incorporation. Such fund, to the extent of the largest amount 
 contracted to be paid by any such corporation to any one person, shall be so invested 
 and deposited, as provided in section two hereof, with the right in the corporation to 
 exchange any such securities for others of equal value. The deposit required by section 
 two of this act shall constitute a part of the reserve required by this section, at the 
 option of such corporation. When any corporation doing business hereunder shall 
 discontinue business, this fund shall be returned to such corj^oration, or so disposed 
 of as may be determined by the superior court of the county, or city and county, in 
 which is its principal place of business. 
 
 Foreign corporations, conditions required. 
 
 § 5. Corporations organized under the laws of any other state or country to transact 
 the business of mutual assessment or live-stock insurance, must as a condition prece- 
 dent to transacting business in this state, deposit with the insurance commissioner of 
 this state a certified copy of its charter, or other instrument, requii*ed by its home 
 authorities; a statement, under oath, of its president or secretary, of its business for 
 the preceding year, in such form as may be required by the insurance commissioner 
 of this state; an appointment of a general agent, service upon whom shall bind the 
 corporation ; a certificate that for the next preceding twelve months it has paid, in 
 full, the maximum amount named in its contracts of insurance; a certificate from the 
 proper officer of its state or goverment that like corporations of this state are legally 
 entitled to do business in such state or country; copies of its contracts of insurance 
 and applications, which must show that the liabilities of its members are not limited 
 to fixed premiums; and evidence, satisfactory to the insurance commissioner, that the 
 corporation has accumulated a fund equal to that required of like corporations in this 
 state, constituting a reserve or surplus fund, held in trust for the benefit of its contract- 
 holders, and so invested and held as required by the laws of the state or government 
 under which such corporation was organized. The insurance commissioner shall there- 
 upon issue a license to such corporation to do business in this state. This license 
 must be renewed annually, and may be revoked whenever it is ascertained that the 
 statements required to be made by this section are not true. Upon such revocation, 
 notice thereof shall be given by the insurance commissioner, by publication in some 
 newspaper published in the city and county of San Francisco, for two weeks, daily, 
 and no new contracts shall be made by such company in this state. When any other 
 state or country imposes any additional license, fees, taxes, or penalties upon any 
 corporation organized or doing business under this act, like license, fees, taxes, or 
 penalties shall be imposed upon corporations of the same kind, and their agents, of 
 such state or country doing business in this state. 
 
 Limitations of contract. Applications for insurance. False statements, penalty for. 
 
 § 6. No corporation doing business under this act (accept accident or casualty cor- 
 porations) shall issue a contract of insurance upon the life of any animal after it has 
 
 I
 
 1153 INSURANCE. Act 2189, §§ 7-10 
 
 passed its fifteenth birthday. Every such contract of insurance shall be founded upon 
 written application therefor, and (except when the application is for health, accident, 
 or casualty insurance only, or for one hundred dollars life insurance, or less) such 
 application shall be accompanied by the report of a reputable veterinarian, containing 
 a detailed statement of his examination of the animal, and showing the animal to be 
 in good health, and recommending the issuance of a contract of insurance. Any 
 solicitor, agent, employee, examining veterinarian, or other person making a false or 
 fraudulent statement to any corporation doing business under this act, with reference 
 to any application for insurance, or for the purpose of obtaining any money or benefit 
 from such corporation, shall be guilty of a misdemeanor, and upon conviction shall 
 be punished by a fine of not less than one hundred dollars nor more than five hundred 
 dollars, or by imprisonment in the county jail for not less than thirty days nor more 
 than one year, or by both such fine and imprisonment, in the discretion of the court; 
 and any person who shall make a false statement of any material fact or thing in a 
 sworn statement as to the death or disability of an animal of the contract-holder in 
 any such corporation, for the purpose of procuring or aiding the beneficiary or bene- 
 ficiaries, or contract-holder, in procuring the payment of a benefit named in the eon- 
 tract, shall be guilty of perjury, and may be proceeded against and punished as 
 provided by the statutes of this state in relation to the crime of perjury. 
 
 Benefits not liable to attachments. 
 
 $ 7. The money, benefit, annuities, endowment, charity, relief, or aid to be paid as 
 provided by the contracts issued by any corporation doing business under this act, 
 shall not be liable to attachment or other process, and shall not be seized, taken, 
 appropriated, or applied by any legal or equitable process, nor by operation of law. 
 to pay any debts or liability of the contract-holder, or any beneficiary named there- 
 under. 
 
 Annual statement to be filed. 
 
 § 8. Every domestic and foreign corporation doing business under this act, shall, 
 annually, on or before the first day of February, file with the insurance commissioner, 
 in such form as he shall prescribe, a statement of the affairs for the year ending on 
 the preceding thirty-first day of December. The insurance commissioner, in person or 
 by duly authorized deputy, shall have the power of examination into the affairs of any 
 domestic corporation doing business or claiming to do business under this act, at any 
 time, in his discretion, and shall make such examination at least once a year. 
 
 When corporation may have license revoked. 
 
 § 9. If the insurance commissioner, after exam.i nation of the affairs of a corporation, 
 shall find that such corporation is not doing its business in conformity to this act, or 
 that it is doing a fraudulent or unlawful business, or that it is not carrying out its 
 teiTas of contract, or that it can not within three months from the date of notice of 
 default pay its obligations, he shall cite the president, secretary, manager, or general 
 agent of said corporation, or all of them, to appear before him (stating the time and 
 place) to show cause why the authority of such corporation to do business shall not 
 be revoked; and if they can not show cause, then he shall report the facts to the 
 attorney-general of this state, who shall commence proceedings in the proper court 
 to restrain said corporation from doing any further business. 
 
 Assessments, notice of to be mailed. 
 
 •5 10. No policy or certificate issued by any corporation or association doing business 
 under the provisions of this act shall lapse or be lapsed for the non-payment of any 
 assessments, dues, or premiums, unless the corjioration or association has first mailed 
 
 Gen. Laws — 73
 
 Act 2180a, 6 1 GENERAL, LAWS. 1154 
 
 to the insured under such policy or certificate, at his or her last given post-oflace 
 address, a notice setting forth the amount to be paid, and the time the same is due 
 and paj'able; and such notice shall be mailed at least fifteen days before the assess- 
 ment is due (provided, that such corporations doing business under this act as collect 
 specific amounts at specific dates, as contained in the contract, shall not be compelled 
 to send such notices), and an affidavit made by the officer, book-keeper, or clerk of any 
 such corporation having charge of the mailing of notices, setting forth the facts as 
 they appear on the records in the office of the said corporation, showing that such 
 notice was mailed and the date of mailing, shall constitute conclusive evidence of the 
 mailing of such notice. 
 
 $ 11. [No section of this number in the act as passed.] 
 
 Fees for filing statements, etc. 
 
 $ 12. The fees for filing statements, certificates, or other documents required by 
 this act, or for any service or act of the insurance commissioner, and the penalties 
 for any violation of this act, shall, except as otherwise provided herein, be the same 
 as provided in the laws of this state relating to life-insurance companies, and shall 
 be disposed of as provided by such law. 
 
 Expenses of insurance commissioner, how paid. 
 
 § 13. And for all lawful expenses under this act, or by reason of any of its provi- 
 sions in the prosecution of any suit or proceedings, or otherwise, for the enforcement 
 of the provisions of this act, the insurance commissioner must present bills duly 
 certified by him and accompanied with vouchers, to the state board of examiners, who 
 must allow the same, and direct payment thereof to be made; and the state controller 
 shall draw warrants therefor on the state treasurer for the payment of the same to 
 the insurance commissioner, in addition to the ordinary contingent expenses, which 
 warrant shall be payable out of the general fund. 
 
 $ 14. This act shall take effect immediately. 
 
 STANDARD FORM OF ACCIDENT AND HEALTH POLICY. -^ 
 
 ACT 2189a — An act to incorporate standard provisions in policies of accident and 
 
 health insurance, to prevent discriminations in connection therewith, and to prescribe 
 
 penalties for violations of the provisions hereof. 
 
 History: Approved May 26, 1917. In effect January 1, 1918. Stats. 
 1917, p. 957. 
 
 Accident and health insurance policies approved by insurance commissioner. 
 
 § 1. On and after the first day of January, 1918, no policy of insurance against loss 
 or damage from the sickness, or the bodily injury or death of the insured by accident 
 shall be issued or delivered to any person in this state until a copy of the form thereof 
 and of the classification of risks, if more than one class of risks is written and the 
 premium rates pertaining thereto have been filed with the commissioner of insurance; 
 nor shall it be so issued or delivered until the expiration of thirty days after it has 
 been so filed unless the said commissioner shall sooner give his written approval thereto. 
 If the said commissioner shall notify, in writing, the company, corjDoration, association, 
 society or other insurer which has filed such form that it does not comply with the 
 requirements of law, specifying the reasons for his opinion, it shall be unlawful there- 
 after for any such insurer to issue any policy in such form. The action of the said 
 commissioner in this regard shall be subject to review by any court of competent juris- 
 diction; provided, however, that nothing in this act shall be so construed as to give 
 iurisdiction to any court not already having jurisdiction.
 
 1155 INSURANCE. Act 2189a, §§ S, 2 
 
 What policy must contain. 
 
 $ 2. No such policy shall be so issued or delivered (1) unless the entire money and 
 other considerations therefor are expressed in the policy; nor (2) unless the time at 
 which the insurance thereunder takes effebt and terminates is stated in a portion ol 
 the policy preceding its execution by the insurer; nor (3) if the policy purports to 
 insure more than one person; nor (4) unless every printed portion thereof and of any 
 endorsements or attached papers shall be plainly printed in type of which the face 
 shall be not smaller than ten point; nor (5) unless a brief description thereof be 
 printed on its first page and on its filing back in type of which the face shall be not 
 smaller than fourteen point; nor (6) unless the exceptions of the policy be printed with 
 the same prominence as the benefits to which they apply; provided, however, that any 
 portion of such policy which purports, by reason of the circumstances under which a 
 loss is incurred, to reduce any indemnity promised therein to an amount less than that 
 provided for the same loss occurring under ordinary circumstances, shall be printed 
 in bold face type and with greater prominence than any other portion of the text of 
 the policy. 
 
 Standard provisions. 
 
 $ 3. Every such policy so issued shall contain certain standard provisions, which 
 shall be in the words and in the order hereinafter set forth and be preceded in every 
 policy by the caption, "Standard provisions." In each such standard provision wher- 
 ever the word ** insurer" is used, there shall be submitted therefor "company" or 
 "corporation" or "association" or "society" or such other word as will properly 
 designate the insurer. Said standard provisions shall be : 
 
 Contract. 
 
 (1) A standard provision relative to the contract which may be in either of the 
 following two forms: form (A) to be used in policies which do not provide for reduc- 
 tion of indemnity on account of change of occupation, and form (B) to be used in 
 policies which do so provide. If form (B) is used and the policy provides indemnity 
 against loss from sickness, the words "or contracts sickness" may be inserted therein 
 immediately after the words "in the event that the insured is injured." 
 
 Form (A). 
 
 (A) 1. This policy includes the endorsements and attached papers, if any, and 
 contains the entire contract of insurance. No reduction shall be made in any indemnity 
 herein provided by reason of change in the occupation of the insured or by reason of 
 his doing any act or thing pertaining to any other oecui^ation. 
 
 Form (B). 
 
 (B) 1. This policy includes the endorsements and attached papers, if any, and 
 contains the entire contract of insurance except as it may be modified by the insurer 's 
 classification of risks and premium rates in the event that the insured is injured after 
 having changed his occupation to one classified by the insurer as more hazardous than 
 that stated in the policy, or while he is doing any act or thing pertaining to any occupa- 
 tion so classified, except ordinary duties about his residence or while engaged in recre- 
 ation, in which event the insurer will pay only such portion of the indemnities pro- 
 vided in the policy as the premium paid would have purchased at the rate but within 
 the limits so fixed by the insurer for such more hazardous occupation. 
 
 If the law of the state in which the insured resides at the time this policy is issued 
 requires that prior to its issue a statement of the premium rates and classification of 
 risks pertaining to it shall be filed with the state official having supervision of insur- 
 ance in such state then the premium rates and classification of risks mentioned in thi.'
 
 A.ct 2189a GE^NERAL, LA\%'S. 1150 
 
 policy shall mean only such as have been last filed by the insurer in accordance with 
 such law, but if such filing is not required by such law, then they shall mean the 
 insurer's premium rates and classification of risks last made effective by it in such state 
 prior to the occurrence of the loss for which the insurer is liable. 
 
 Changes in contract. 
 
 (2) A standard provision relative to changes in the contract, which shall be in the 
 following form: 
 
 2. No statement made by the applicant for insurance not included herein shall avoid 
 the policy or be used in any legal proceeding hereunder. No agent has authority to 
 change this policy or to waive any of its provisions. No change in this policy shall be 
 valid unless approved by an executive officer of the insurer and such aj)proval be 
 endorsed hereon. 
 
 Reinstatement of policy. 
 
 (3) A standard provision relative to reinstatement of policy after lapse which may 
 be in either of the three following forms: foim (A) to be used in policies which insure 
 only against loss from accident; form (B) to be used in policies which insure only 
 against loss from sickness; and form (C) to be used in policies which insure against 
 loss from both accident and sickness. 
 
 (A) 3. If default be made in the payment of the agreed premium for this policy, 
 the subsequent acceptance of a premium by the insurer or by any of its duly authorized 
 agents shall reinstate the policy, but only to cover loss resulting from accidental injury 
 thereafter sustained. 
 
 (B) 3. If default be made in the payment of the agreed premium for this policy, the 
 subsequent acceptance of a premium by the insurer or by any of its duly authorized 
 agents shall reinstate the policy but only to cover such sickness as may begin more 
 th&n ten days after the date of such acceptance. 
 
 (C) 3, If default be made in the payment of the agreed premium for this policy, 
 the subsequent acceptance of a premium by the insurer or by any of its duly authorized 
 agents shall reinstate the policy but only to cover accidental injury thereafter sus- 
 tained and such sickness as may begin more than ten days after the date of such 
 acceptance. 
 
 Time of notice of claim. 
 
 (4) A standard provision relative to time of notice of claim which may be in either 
 of the three following forms: form (A) to be used in policies which insure only against 
 loss from accident; form (B) to be used in policies which insure only again loss from 
 sickness, and form (C) to be used in policies which insure against loss from both acci- 
 dent and sickness. If form (A) or form (C) is used the insurer may at its option add 
 thereto the following sentence: "In event of accidental death immediate notice thereof 
 must be given to the insurer." 
 
 (A) 4. Written notice of injury on which claim may be based must be given to the 
 insurer within twenty days after the date of the accident causing such injury. 
 
 (B) 4. Written notice of sickness on which claim may be based must be given to 
 the insurer within ten days after the commencement of the disability from such 
 sickness. 
 
 (C) 4. Written notice of injury or of sickness on which claim may be based must 
 be given to the insurer within twenty days after the date of the accident causing such 
 injury or within ten days after the commencement of disability from such sickness.
 
 1157 INSURANCE. Act 2i».89a 
 
 Sufficiency of notice of claim. 
 
 (5) A standard provision relative to sufficiency of notice of claim ■which shall be 
 in the following form and in which the insurer shall insert in the blank space sact 
 office and its location as it may desire to designate for such purpose of notice : 
 
 5. Such notice given by or in behalf of the insured or beneficiary, as the ease iraaj 
 
 be, to the insurer at or to any authorized agent of t.he 
 
 insurer, with particulars sufficient to identify the insured, shall be deemed to be notict 
 to the insurer. Failure to give notice within the time provided in this policy shall H.v)< 
 invalidate any claim if it shall be shown not to have been reasonably possible to giw 
 such notice and that notice was given as soon as was reasonably possible. 
 
 Forms for filing proof of loss. 
 
 (6) A standard provision relative to furnishing forms for the convenience of th< 
 insured in submitting proof of loss as follows : 
 
 6. The insurer upon receipt of such notice, will furnish to the claimant such forma 
 as are usually furnished by it for filing proofs of loss. If such forms are not so fur- 
 nished within fifteen days after the receipt of such notice, the claimant shall be deemed 
 to have complied with the requirements of this policy as to proof of loss upon submit- 
 ting within the time fixed in the policy for filing proofs of loss, written proof covering 
 the occurrence, character and extent of the loss for which claim is made. 
 
 Filing proof of loss. 
 
 (7) A standard provision relative to filing proof of loss which shall be in such one 
 of the following forms as may be appropriate to the indemnities provided : 
 
 (A) 7. Affirmative proof of loss must be furnished to the insurer at its said office 
 within ninety days after the date of the loss for which claim is made. 
 
 (B) 7. Affirmative proof of loss must be furnished to the insurer at its said office 
 within ninety days after the termination of the period of disability for which the com- 
 pany is liable. 
 
 (C) 7. Affiraiative proof of loss must be furnished to the insurer at its said office 
 in ease of claim for loss of time from disability within ninety days after the termination 
 of the period for which the insurer in liable, and in case of claim for any other loss, 
 within ninety days after the date of such loss. 
 
 Examination of person insured. 
 
 (8) A standard provision relative to examination of the person of the insured and 
 relative to autopsy which shall be in the following form : 
 
 8. The insurer shall have the right and opportunity to examine the person of the 
 insured when and so often as it may reasonably re(juire during the pendency of claim 
 hereunder, and also the right and opportunity to make an autopsy in case of death 
 where it is not forbidden by law. 
 
 Time within which payments made. 
 
 (9) A standard provision relative to the time within which payments other than 
 those for loss of time on account of disability shall be made, which provision may be 
 in either of the following two forms and which may be omitted from any policy pro- 
 viding onl}'^ indemnity for loss of time on account of disability. The insurer shall 
 insert in the blank space either the word "immediately" or appropriate language to 
 designate such period of time, not more than sixty days, as it may desire; form (A) to 
 be used in policies which do not provide indemnity for loss of time on account of dis- 
 ability and form (B) to be used in policies which do so provide. 
 
 (A) 9. All indemnities provided in this policy will be j^aid after 
 
 receipt of due proof.
 
 Act21S9a GBNE:RAL LA\l^S. 1158 
 
 (B) 9. All indemnities provided in this policy for loss other than that of time on 
 account of disability will be paid after receipt of due proof. 
 
 Periodical payments of indemnity. 
 
 (10) A standard provision relative to periodical payments of indemnity for loss of 
 time on account of disability, which provision shall be in the following form, and which 
 may be omitted from any policy not providing for such indemnity. The insurer shall 
 insert in the first blank space of the form, appropriate language to designate the pro- 
 portion of accrued indemnity it may desire to pay, which proportion may be all or any 
 part not less than one-half, and in the second blank space shall insert any period of time 
 not exceeding sixty days. 
 
 10. Upon request of the insured and subject to due proof of loss 
 
 accrued indemnity for loss of time on account of disability will be paid at the expira- 
 tion of eash [each] during the continuance of the period for 
 
 which the insurer is liable, and any balance remaining unpaid at the termination of 
 such period will be paid immediately upon receipt of due proof. 
 
 Indemnity pajnnents. 
 
 (11) A standard provision relative to indemnity payments which may be in either 
 of the two following forms: form (A) to be used in policies which designate a benefi- 
 ciary and form (B) to be used in policies which do not designate any beneficiary other 
 than the insured: 
 
 (A) 11. Indemnity for loss of life of the insured is payable to the beneficiary if 
 surviving the insured, and otherwise to the estate of the insured. All other indemni- 
 ties of this policy are payable to the insured. 
 
 (B) 11. All the indemnities of this policy are payable to the insured. 
 
 Cancellation of policy. 
 
 (12) A standard provision providing for cancellation of the policy at the instance 
 of the insured which shall be in the following form : 
 
 12. If the insured shall at any time change his occupation to one classified by the 
 insurer as less hazardous than that stated in the policy, the insurer, upon written 
 request of the insured, and surrender of the policy, will cancel the same and will return 
 to the insured the unearned premium. 
 
 Rights of beneficiary. 
 
 (13) A standard provision relative to the rights of the beneficiary under the policy 
 which shall be in the following form and which may be omitted from any policy not 
 designating a beneficiary: 
 
 13. Consent of the beneficiary shall not be requisite to surrender or assignment of 
 this policy, or to change of beneficiarj'^, or to any other changes in the policy. 
 
 Time within which suit may be brought. 
 
 (14) A standard provision limiting the time within which suit may be brought upon 
 the policy as follows: 
 
 14. No action at law or in equity shall be brought to recover on this policy prior 
 to the expiration of sixty days after proof of loss has been filed in accordance with the 
 requirements of this policy, nor shall such action be brought at all unless brought 
 within two years from the expiration of the time within which proof of loss is required 
 by the policy. 
 
 Time limitations. 
 
 (15) A standard provision relative to time limitations of the policy as follows : 
 
 15. If any time limitation of this policy with respect to giving notice of claim or
 
 1159 INSURANCE. Act 21S9a, 8 4 
 
 furnishing proof of loss is less than that permitted by the law of the state in which 
 the insured resides at the time this policy is issued, such limitation is hereby extended 
 to agree with the minimum period permitted by such law. 
 
 Optional standard provisions. 
 
 $ 4. No such policy shall be so issued or delivered which contains any provision (1) 
 relative to cancellation at the instance of the insurer; or (2) limiting the amount of 
 indemnity to a sum less than the amount stated in the policy and for which the pre- 
 mium has been paid; or, (3) providing for the deduction of any premium from the 
 amount paid in settlement of claim; or, (4) relative to other insurance by the same 
 insurer; or, (5) relative to the age limits of the policy; unless such provisions which 
 are hereby designated as optional standard provisions, shall be in the words and in the 
 order in which they are hereinafter set forth, but the insurer may at its option omit 
 from the policy any such optional standard provision. Such optional standard provi- 
 sions if inserted in the policy shall immediately succeed the standard provisions named 
 in section three of this act. 
 
 Cancellation of policy. 
 
 (1) An optional standard provision relative to cancellation of the policy at the in- 
 stance of the insurer as follows : 
 
 16. The insurer may cancel this policy at any time by written notice delivered to the 
 insured or mailed to his last address, as shown by the records of the insurer, together 
 with cash or the insurer's check for the unearned portion of the premiums actually 
 paid by the insured, and such cancellation shall be without prejudice to any claim 
 originating prior thereto. 
 
 Reduction of amount of indemnity. 
 
 (2) An optional standard provision relative to reduction of the amount of indemnity 
 to a sum less than that stated in the policy as follows : 
 
 17. If the insured shall carry with another company, corporation, association or 
 society other insurance covering the same loss without giving written notice to the 
 insurer, then in that ease the insurer shall be liable only for such portion of the indem- 
 nity promised as the said indemnity bears to the total amount of like indemnity in all 
 policies covering such loss, and for the return of such part of the premium paid as 
 shall exceed the pro rata for the indemnity thus determined. 
 
 Deduction of premium. 
 
 (3) An optional standard provision relative to deduction of premium upon settle- 
 ment of claim as follows : 
 
 18. Upon the payment of claim hereunder any premium then due and unpaid or 
 covered by any note or written order may be deducted therefrom. 
 
 Other insurance. 
 
 (4) An optional standard provision relative to other insurance by the same insurei 
 which shall be in such one of the following forms as may be appropriate to the indemni- 
 ties provided, and in the blank spaces of which the insurer shall insert such upward 
 limits of indemnity as are specified by the insurer's classification of risks, filed as 
 required by this act. 
 
 (A) 19. If a like policy or policies, previously issued by the insurer to the insured 
 be in force concurrently herewith, making the aggregate indemnity in excess of 
 
 $ , the excess insurance shall be void and all premiums paid for such excess 
 
 shall be returned to the insured. 
 
 (B) 19. If a like policy or policies, previously issued by the insurer to the insured 
 be in force concurrently herewith, making the aggregate indemnity for loss of time on
 
 Ad 21S9a, §§ 5-8 GENERAL I- A WS. »!«• 
 
 account of disability in excess of $ weekly, the excess insurance shall 
 
 be void and all premiums paid for such excess shall be returned to the insured. 
 
 (C) 19. If a like policy or policies, previously issued by the insurer to the insured 
 be in force concurrently herewith, making the aggregate indemnity for loss other than 
 
 that of time on account of disability in excess of $ , or the aggregate 
 
 indemnity for loss of time on account of disability in excess of $ weekly 
 
 the excess insurance of either kind shall be void and all premiums paid for such excess 
 shall be returned to the insured. 
 
 Age limits. 
 
 (5) An optional standard provision relative to the age limits of the policy which 
 shall be in the following form and in the blank spaces of which the insurer shall insert 
 such number of years as it may elect : 
 
 20. The insurance under this policy shall not cover any person under the age of 
 
 years nor over the age of years. Any premium paid to the insurer for 
 
 any period not covered by this policy will be returned upon request. 
 
 Contradictory provisions.. 
 
 § 5. No such policy shall be so issued or delivered if it contains any provision con- 
 tradictory, in whole or part, of any of the provisions hereinbefore in this act designated 
 as "Standard provisions" or as "Optional standard provisions"; nor shall any in- 
 dorsements or attached papers vary, alter, extend, be used as a substitute for, or in any 
 way conflict with any of the said "Standard provisions" or the said "Optional stand- 
 ard provisions"; nor shall such policy be so issued or delivered if it contains any pro- 
 vision purporting to make any portion of the charter, constitution or by-laws of the 
 insurer a part of the policy unless such portion of the charter, constitution or by-laws 
 shall be set forth in full in the policy, but this prohibition shall not be deemed to apply 
 to any statement of rates or classification of risks filed with the commissioner of insur- 
 ance in accordance with the provisions of this act. 
 
 False statement. 
 
 § 6. The falsity of any statement in the application for any policy covered by this 
 act shall not bar the right to recovery thereunder unless such false statement was 
 made with actual intent to deceive or unless it materially affected either the acceptance 
 of the risk or the hazard assumed by the insurer. 
 
 Rights of insurer in defense of claim. 
 
 $ 7. The acknowledgment by any insurer of the receipt of notice given under any 
 policy covered by this act, or the furnishing of forms for filing proofs of loss, or the 
 acceptance of such proofs, or the investigation of any claim thereunder shall not oper- 
 ate as a waiver of any of the rights of the insurer in defense of any claim arising under 
 such policy. 
 
 Alteration of application. 
 
 $ 8. No alteration of any written application for insurance by erasure, insertion or 
 otherwise, shall be made by any person other than the applicant without his written 
 consent, and the making of any such alteration without the consent of the applicant 
 shall be a misdemeanor. If such alteration shall be made by any officer of the insurer, 
 or by any employee of the insurer with the insurer's knowledge or consent, then such 
 act shall be deemed to have been performed by the insurer thereafter issuing the policy 
 upon such altered application. 
 
 4
 
 1161 INSIRAIVCE. , Act 21S0a, §§ 9-ia 
 
 Policy in violation of act. 
 
 $ 9. A policy issued in violation of this act shall be held valid but shall be construed 
 as provided in this act and when any provision in such a policy is in conflict with any 
 provision of this act the rights, duties and obligations of the insurer, the policyholder 
 and the beneficiary shall be governed by the provisions of this act. 
 
 Policies issued by insurer not organized under laws of state. 
 
 $ 10. The policies of insurance against accidental bodily injury or sickness issued 
 by an insurer not organized under the laws of this state may contain, when issued in 
 this state, any provision which the law of the state, territory or district of the United 
 States under which the insurer is organized, prescribes for insertion in such policies, 
 and the policies of insurance against accidental bodily injury or sickness issued by an 
 insurer organized under the laws of this state may contain, when issued or delivered in 
 any other state, territory, district or country, any provision required by the laws of 
 the state, territory, district or country in which the same are issued, anything in this 
 section to the contrary notwithstanding. 
 
 Not applicable to workmen's compensation insurance, etc 
 
 ■^ 11. (1) Nothing in this act, however, shall apply to or affect any policy or liability 
 of workmen's compensation insurance or any general or blanket policy of insurance 
 issued to any municipal corporation or department thereof, or to any corporation, 
 copartnership, association or individual employer, police or fire department, under- 
 writers' corps, salvage bureau, or like associations or organizations, where the officers, 
 members or employees or classes or departments thereof are insured for their individual 
 benefit against specified accidental bodily injuries or sickness while exposed to the 
 hazards of the occupation or otherwise in consideration of a premium intended to cover 
 the risks of all the persons insured under such policy. 
 
 Supplemental contracts. 
 
 (2) Nothing in this act shall apply to or in any way affect contracts providing addi- 
 tional benefits for accidental death supplemental to contracts of life or endowment 
 insurance nor where such supplemental contracts contain provisions which operate to 
 safeguard such insurance against lapse or to provide a special surrender value therefor 
 in the event that the insured shall be totally and permanently disabled by reason of 
 accidental bodily injury or by sickness; provided, that no such supplemental contract 
 shall be issued or delivered to any person in this state unless and until a copy of the 
 form thereof has been submitted to and approved by the commissioner of insurance, 
 under such reasonable rules and regulations as he shall make concerning the provisions 
 in such contracts and their submission to and approval by him. 
 
 Fraternal societies. 
 
 (3) Nothing in this act shall apply to or in any way affect fraternal benefit societies. 
 Railroad ticket policies. 
 
 (4) The provisions of this act contained in clause (five) of section two and clauses 
 two, three, eight and twelve of section three may be omitted from railroad ticket policies 
 sold only at raih-oad stations, or at railroad ticket offices by railroad employees. 
 
 Penalty. 
 
 § 12. Any company, corporation, association, society or other insurer or any officer 
 or agent thereof, which or who issues or delivers to any person in this state any policy 
 in wilful violation of the provisions of this act shall be punished by a fine of not more 
 than one hundred dollars for each offense, and the commissioner of insurance may 
 revoke the license of any company, corporation, association, society or other insurer of
 
 Act 21»«, §§ 1-4 GENERAL LAWS. 1103 
 
 another state or country, or of the agent thereof, which or who wilfully violates any 
 provision of this act. 
 
 "Indemnity." 
 $ 13. The term "indemnity," as used in this act. means benefits promised. 
 
 Penalty for discrimination. 
 
 § 14. No insurance corporation authorized in this state to issue or deliver insurance 
 against loss or damage from sickness, or bodily injury or death by accident, nor any 
 agent of such corporation, shall make or permit any discrimination between individuals 
 of the same class in the amount of premiums, policy fees, or rates charged for any 
 policy of accident or health insurance, or in the benefits payable thereunder or in any 
 of the terras or conditions of such insurance contract, or in any other manner whatso- 
 ever. Any person or corporation violating any provision of this section shall be guilty 
 of a misdemeanor. 
 
 In effect when. 
 
 § 15. This act shall take effect on the first day of January, 1918. Any policy cov- 
 ered by this act the form of which has received the approval of the commissioner of 
 insurance may be issued or delivered in this state on and after the said date. 
 
 MUTUAL FIRE INSURANCE COMPANIES. 
 ACT 2190 — An act providing for the organization and management of mutual fire in- 
 surance corporations and associations and defining the same, and regulating the 
 transaction of the business of mutual fire insurance in the state of California, and 
 repealing an act entitled "An act providing for the organization and management 
 of mutual fire insurance companies," approved March 19, 1907. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1342. 
 
 Mutual fire insurance corporations. 
 
 $ 1. Private corporations or associations may be formed for a term to be stated in 
 their articles not exceeding fifty years for the purpose of insuring the property of their 
 members against loss or damage by fire in accordance with this act, and not otherwise. 
 
 Trustees to adopt by-laws. 
 
 § 2. The ti'ustees or directors of any corporation or association shall adopt such 
 by-laws not in conflict with the laws of this state, as they may deem proper for the 
 government of its affairs and the conduct of its business. Such by-laws shall provide for 
 the liability of its members in accordance with the provisions of this act. 
 
 Each member liable. 
 
 § 3. Each person or partnership or corporation accepting a policy in any such 
 mutual insurance corporation or association shall thereby become a member of such 
 corporation or association and shall be liable for his proportionate share of losses and 
 operating expenses as hereinafter provided. 
 
 No policy issued until five hundred thousand dollars is subscribed for. 
 
 § 4. No policy shall be issued by any such corporation or association until n6t less 
 than five hundred thousand (500,000) dollars of insurance in not less than five hundred 
 separate risks have been subscribed for and are entered upon its books, nor until it has 
 collected from insurance premiums, and then has on hand not less than ten thousand 
 (10,000) dollars in cash over and above all liabilities other than reinsurance reserve as 
 specified in section 13 of this act, and also contingent funds consisting of the liability 
 of its members liable to assessment, in addition to cash premiums collected, amounting 
 to not less than fifty thousand (50,000) dollars, such liability to be shown in the signed 
 applications of its members.
 
 11G3 INSURAXCE. Act 2190, §§ 5-7 
 
 Limit of expenses. 
 
 § 5. The expenses, including commissions and fees to agents and officers of any 
 calendar year, of any such corporation or association organized or operating under 
 this act shall be limited to thirty per cent of what is left of the gross premiums actually 
 received during that year, after deducting from such premiums the return premiums 
 and reinsurance paid out by or for which the corporation or association has become 
 liable during the year. A violation of this provision shall render the officers and 
 directors and all persons having similar powers jointly and severally liable to such 
 company for any amount used for expenses in excess of the amount provided for in 
 this section. In the event that such company fails or refuses to recover such moneys 
 so paid, the insurance commissioner may sue for and recover the same from any one 
 or all of the officers or directors and all persons having similar powers of such company 
 for the benefit of its policy-holders. No officer or other person whose duty it is to deter- 
 mine the character of the risks, and upon whose decision the application shall be 
 accepted or rejected by such corporation shall receive as any part of his compensation 
 a commission upon the premiums, but his compensation shall be a fixed salary and such 
 share of the net profits as the directors, and all persons having similar powers may 
 determine. 
 
 Policies not to exceed term of five years and amount of twenty-five hundred dollars. 
 
 § 6. Such corporation or association may issue policies for a term not exceeding 
 five years; provided, the term of any policy does not exceed the time limited for the 
 existence of the charter or articles of association. No policy or policies shall be for 
 an amount in excess of twenty-five hundred (2500) dollars on any one risk, unless 
 protected by reinsurance in companies having sufficient assets and surplus to entitle 
 such companies to be permitted to do business in the state of California; provided, 
 however, that one thousand (1000) dollars additional insurance may be written on any 
 one risk for each million dollars of total insurance outstanding on the books of the 
 corporation or association in excess of one million dollars; provided, further, that two or 
 more buildings situated in the same city block, or separated by less than one hundred 
 feet shall be deemed to be one risk. 
 
 Mutual corporation to file statement with insurance commissioner. 
 
 § 7. Any mutual fire insurance corporation or association without subscribed capital 
 or guarantee fund organized under the laws of some other state desiring to transact 
 business in this state shall file with the insurance commissioner its last financial state- 
 ment, showing its condition on December 31st, next pi-eeeding the date of its appli- 
 cation for admission, signed by its president and secretary under oath, and showing 
 that it is possessed of cash assets of not less than two hundred thousand (200,000) 
 dollars, of which not less than fifty thousand (50,000) dollars shall be net cash surplus 
 over and above all liabilities, including its reinsurance reserve as provided in section 
 13 of this act. Also a certificate from the insurance commissioner of the state in 
 which said corporation or association is incorporated, certifying that in the judgment 
 of the state insurance commissioner the statement is correct and that the corjwration 
 or association is possessed of two hundred thousand (200,000) dollars cash assets, of 
 which not less than fifty thousand (50,000) dollars is such net cash surplus. The 
 insurance commissioner of this state upon receipt and examination of such statement 
 and certificate and upon satisfying himself of the correctness thereof and of compli- 
 ance with the law of this state applicable as shown by this act shall issue to such cor- 
 poration or association a certificate of authorit}? granting it full power to transact 
 5?'tsiness under this act.
 
 Act 2190. §§S-11 GENERAL LAWS. 1194 
 
 Policy-holders liable for assessment. 
 
 $ 8. Each policy-holder shall be liable to pay his proportionate share of any assess- 
 ment which may be levied by any such corporation or association and in accordance with 
 the law and his contract, on account of losses and expenses incurred while he is a mem- 
 ber. Any such cor])oration or association shall charge and collect upon its policies the 
 full premium in cash, and may, in its by-laws, fix the liability of its members for the 
 payment of the losses and expenses not provided for by its cash funds; provided, that 
 the liability of a member to assessment shall not be less than the amount of one annual 
 premium in addition to the annual cash premium of his policy. Provided, however, that 
 coi-jiorations or associations which have accumulated, in the regular course of the busi- 
 ness, cash assets of not less than two hundred thousand (200,000) dollars of which not 
 less than fifty thousand (50,000) dollars is net cash surplus over and above all the 
 requirements of section 13 of this act shall have power, while in that condition, to 
 adopt by-laws limiting the liability of its policy-holders for loss or damage by fire to 
 any amount it may desire to specify in its f»olicies, and the power to issue policies with 
 such limitation of liability to continue onlj-^ during the time such corporation or asso- 
 ciation is in such financial condition; provided, further, that every such corporation or 
 association must print upon its policies such by-laws or mutual conditions as will define 
 the liability of a policy-holder. 
 
 Assessments to pay losses and expenses. 
 
 § 9. Whenever such cori^oration or association is not possessed of cash funds above 
 its reinsurance reserve fund and all other liabilities sufficient for the payment of 
 accrued losses it shall make an assessment for the amount needed to pay such losses 
 and expenses, upon its members liable to assessment therefor in proportion to their sev- 
 eral liabilities. The corporation or association shall cause to be recorded in a book kept 
 for that purpose the order of such assessment, together with a statement which shall set 
 forth the condition of the corporation or association at the date of the order, the amount 
 of its cash assets and contingent funds liable to assessment and the amount of the 
 assessment called for. Such record shall be made and signed by the directors or other 
 persons who voted for the order, before any part of the assessment is collected, and 
 any person liable to assessment may inspect and take a copy of the same. 
 
 Members may withdraw. 
 
 ^ 10. Any member of any such corporation or association may withdraw at any 
 time by surrendering his policy or certificate of insurance to the corporation or asso- 
 ciation and giving thirty days' written notice of his intention to withdraw and by pay- 
 ing his share of all losses which shall have accrued by the end of the time specified in 
 the notice, and of all losses arising out of fires oecui-ring theretofore and all losses occur- 
 ing within thirty days after the service of such notice and all assessments levied in 
 whole or in part to meet such losses, and all assessments due, accrued or pending at the 
 time of the cancellation of his policy, but the corporation or association may retain the 
 customary short rate for the expired time; provided, also that the corporation shall 
 have power to cancel or determine any policy by giving the insured five days' written 
 notice to that effect, and returning to the insured his pro rata of the unearned premium. 
 
 Dividends. 
 
 § 11. No corporation or association formed under this act may make any dividend 
 except from profits on hand, after retaining unimpaired a cash surj^lus of fifty thousand 
 (50,000) dollars over and above all liabilities including reinsurance reserve and shall 
 thereafter retain not less than five per cent per annum of all profits available for divi- 
 dends until the sum of two hundred thousand dollars ($200,000) net cash surplus has
 
 I1C5 INSIRANCE. Act 2190, §§ 12-17 
 
 been accumulated. Such cash surplus shall be invested in the manner provided for in 
 subdivisions 1, 2, 3, and 4 of section 421 of the Civil Code of the state of California as 
 that section was amended by act approved March 22, 1907. 
 
 Annual statement. 
 
 $ 12. Any corporation or association organized or operating under this act shall file 
 with the insurance commissioner on or before the first day of March of each year, its 
 financial statement exhibiting its condition on the thirty-first day of December next 
 preceding. Such statement shall be made as provided for in the blanks furnished by 
 the insurance department. 
 
 When company is insolvent. 
 
 § 13. Whenever the liabilities of any corporation or assoeiatior operating under 
 this act for losses reported, expenses, taxes, reinsurance reserve upon all unexpired fire 
 risks running one year or less from date of policy at fifty (50) per cent, and upon all 
 unexpired fire risks running more than one year from date of policj to be estimated 
 pro rata, are greater than its admitted cash assets, or whenever the available resources 
 of any company are less than the requirements under section 4 of t?ds act, then such 
 company or association is insolvent. 
 
 Sections of codes applicable. 
 
 ^ 14. The general provisions applicable to all corporations as expi essed in part IV, 
 division I of the Civil Code of the state of California and all provisions contained in 
 sections 595, 590, 596a, 597, 598, 599, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 615, 
 616, 617, 618, 619, 620, 621, 622, 623, 627, 631, 631a, 632, 633, 634a, 634b of the Political 
 Code of the state of California, and sections 435 and 439 of the Penal Code of the 
 state of California, and section 388 of the Code of Civil Procedure -of the state of 
 California, also section 415 of the Civil Code of the state of California, and all other 
 laws of the state relating to fire insurance, in so far as any section or law herein 
 referred to is not inconsistent with or in conflict with the provisions of this act, are 
 hereby made to apply to all corporations or associations operating under J.his act; pro- 
 vided, nothing herein shall relieve such corporation or associations froiM full com- 
 })liance with the provisions of section 14 of Article XIII of the constitution cf the state 
 of California and of all statutes enacted in aid thereof. 
 
 I^ot applicable. 
 
 ^15. This act shall not apply to contracts made between persons, firms and corpora- 
 tions of this state, and others of this state and other states for the protectior of their 
 own property under the plan known as reciprocal or inter-insurance, nor to -mincor- 
 porated inter-indemnity compacts. 
 
 County fire insurance companies. 
 
 $ 16. Nothing in this act shall be constmod to restrict or affect the provision:* ol 
 "An act to provide for the organization and management of county fii-e insurance com- 
 panies," approved April 1, 1897. 
 
 Repeal. 
 
 $ 17. That certain act of the legislature of the state of California, entitled "An act 
 providing for the organization and management of mutual fire insurance companies" 
 (approved March 19, 1907), is hereby repealed.
 
 Act :i»2a, §S 1-3 GENERAL, LAWS. IIM 
 
 RECIPROCAL INDEMNITY INSURANCE ACT OF 1917. 
 ACT 2192a — An act providing for reciprocal and interexchanges of indemnities, pre- 
 scribing regulations therefor and fixing a license fee, and repealing an act entitled 
 "An act defining certain classes of contracts for the exchange of indemnity, pre- 
 scribing regidations therefor and fixing a license fee," approved December 24, 1911. 
 
 History: Approved May 26, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1170. Amended May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1270. Prior act of December 24, 1911, Stats. 1911 (ex. sess.), 
 p. Ill, superseded by present act. The title of the present act recites 
 the repeal of the act of 1911, but no mention is made of it in the body 
 of the act. 
 
 Exchange of reciprocal or inter-insurance contracts. 
 
 § 1. Individuals, partnerships and corporations of this state, hereby designated sub- 
 scribers, are hereby authorized to exchange reciprocal or interinsurance contracts with 
 each other, or with individuals, partnerships and corporations of other states, terri- 
 tories, districts and countries, providing insurance among themselves from any loss 
 which may be insured against under other provisions of law, except life insurance. 
 
 Execution of contracts. 
 
 $ 2. Such contracts may be executed by an attorney, agent or other representative 
 herein designated as attorney, duly authorized and acting for such subscribers under 
 powers of attorney, and such attorney may be a corporation. The principal oflfice of 
 such attorney shall be maintained at such place as is designated by the subscribers in the 
 power of attorney. The power of attorney may further provide for the right of sub- 
 stitution and revocation and impose such restrictions upon the exercise of the power 
 granted as may be agreed upon by the subscribers, and may further provide for the 
 exercise of any right reserved to the subscribers, directly or through a board or other 
 body to be selected under such rules or regulations as the subscribers may adopt. 
 
 Declaration filed with insurance commissioner. 
 
 ^ 3. Such subscribers so contracting among themselves shall, through their attorney, 
 file with the insurance commissioner a declaration verified bj' the oath of such attorney, 
 or where such attorney is a corporation, by the oath of the duly authorized officers 
 thereof, setting forth: 
 
 (a) The name of the attorney and the name or designation under which such con- 
 tracts are issued, which name or designation shall not be so similar to any name or 
 designation adopted by any attorney or by any insurance organization in the United 
 States writing the same class of insurance, prior to the adoption of such name or desig- 
 nation by the attorney, as to confuse or deceive. 
 
 (b) The location of the principal office. 
 
 (c) The kind or kinds of insurance to be effected. 
 
 (d) A copy of each form of policy, contract or agreement under or by which insur- 
 ance is to be effected. 
 
 (e) A copy of the form of power of attorney under which such insurance is to be 
 effected. 
 
 (f ) That applications have been made for insurance upon at least one hundred sep- 
 arate risks aggregating not less than one million dollars represented by executed con- 
 tracts or bona fide applications to become concurrently effective; or in case of employ- 
 er's liability or workmen's compensation insurance, covering a total pay roll of not 
 less than one million dollars. 
 
 (g) That there is in the possession of such attorney and available for the payment of 
 losses, assets conforming to the requirements of section six hereof. 
 
 I
 
 1167 insurance:. Act 2102a, §§ 4-6 
 
 (h) A financial statement under oath in form hereinafter prescribed for the annual 
 statement. 
 
 (i) The instrument authorizing service of process as provided for in this act. 
 (j) Certificate showing deposits of funds or securities. 
 
 Instrument and bond filed by attoney. 
 
 § 4. Concurrently with the filing of the declaration provided for by the terms of 
 section three of this act, the attorney shall file with the insurance commissioner: 
 
 Instrument. 
 
 (a) An instrument in writing executed by him for said subscribers, condition that 
 upon the issuance of a certificate of authority provided for in this act, action may be 
 brought in the county in which the property or person insured thereunder is located 
 and service of process may be had upon the insurance commissioner in all suits in this 
 state arising out of such policies, contracts or agreements, which service shall be valid 
 and binding upon all subscribers exchanging at any time reciprocal or interinsurance 
 contracts through such attorney. Three copies of such process shall be served and the 
 insurance commissioner shall file one copy, forward one copy to said attorney by regis- 
 tered mail addressed to the attorney at the principal office as fixed in the certificate 
 filed, and shall return one copy with his admission of service. A judgment rendered in 
 any such case where service of process has been so made shall be valid and binding 
 against any and all subscribers as their interests appear and such judgment may be 
 satisfied out of the funds in the possession of the attorney belonging to such subscrib- 
 ers or otherwise. 
 
 Bond. 
 
 (b) A bond in favor of the people of the state of California executed by the said 
 attorney, with two sureties to be approved by the insurance commissioner in the penal 
 sum of twenty-five thousand dollars, condition that the attorney will faithfully perform 
 the duties imposed upon him under the said powers of attorney and faithfully account 
 for moneys handled by him thereunder ; such bond may be sued upon by any subscriber 
 suffering loss through violation of the conditions thereof and liability thereunder may 
 be enforced by any individual subscriber or any number of subscribers, in one or 
 the same action; provided, however, that where the power of attorney executed by the 
 subscribers or the rules and regulations adopted by the association for the conduct of 
 its business thereunder, provide for the bonding of the attorney, a certified copy of the 
 bond executed in accordance with such powers of attorney or rules and regulations, shall 
 be filed with the insurance commissioner in lieu of any other bond required under this 
 act. [Amendment of May 27, 1919. In effect July 27, 1919. Stats 1919, p. 1271.] 
 
 Statement of indemnity. 
 
 § 5. There shall be filed with the insurance commissioner by such attorney whenever 
 the insurance commissioner shall so require, a statement under oath of such attorney 
 showing the maximum amount of indemnity upon a single risk, and, except as to work- 
 men's compensation insurance, no subscriber shall assume on any single risk an amount 
 greater than ten per cent of the net worth of such subscriber where the liability assumed 
 exceeds the amount of one premium deposit. 
 
 Assets to be maintained. 
 
 § 6. There shall at all times be maintained as assets a sum in cash or securities of 
 the kind designated by the laws of the state where the principal office is located for 
 the investment of funds of insurance companies, equal to one hundred per cent of the 
 net unearned premiums or deposits collected and credited to the accounts of sub- 
 scribers, or assets equal to fifty per cent of the net annual premiums or deposits col-
 
 Act 2192a, g 7 GENERAL I-AAVS. 1168 
 
 Jeoted and credited to the accounts of the subscribers on policies having one year or 
 less to run and pro rata on those for a longer period, in addition to which there shall 
 be maintained as a reserve in cash or such securities, assets sufficient to discharge all 
 liabilities on all .outstanding losses arising under policies* issued, the same to be cal- 
 culated on the basis and in the manner provided by law for the maintenance of similar 
 reserves by companies insuring similar risks; provided, however, that all reserves on 
 indemnity exchanged prior to July 1, 1919, shall be calculated according to the pro- 
 vision of law in force at the time said contracts were entered into. 
 
 Net deposits. 
 
 Savings or credits, however, may be returaed to the subscribers, irrespective as to the 
 source from which the same accrue, whenever such returns do not constitute an impair- 
 ment of the assets or reserves to be maintained as herein required; provided, however, 
 that there shall be no discrimination in the making of such returns as between persons 
 or places. 
 
 Net deposits shall be construed to mean (a) the advance payments of subscribers 
 after deducting therefrom the amounts specifically provided in the subscribers' agree- 
 ments for expense, or (b) in the event no such specific provision for expense be therein 
 made, the advance payments of subscribers after deducting therefr9m the reasonable 
 expense incidental to the conduct of business not exceeding however twenty-five per 
 cent of such advance payments. 
 
 If deficiency in assets. 
 
 If at any time the assets so held in cash or such securities, exclusive of loss reserves 
 herein provided for, shall be less than required above, or be less than twenty-five 
 thousand dollars in any exchange writing any kind of insurance, or in any exchange 
 writing common carrier liability insurance shall on or after the third anniversary of 
 the date of the organization be less than fifty thousand dollars, the subscribers, or 
 their attorney for them, shall make up the deficiency within thirty days after notice 
 from the insurance commissioner so to do. 
 
 Reserves of independent groups. 
 
 Where the subscribers are grouped, by industries, or otherwise, under any rule or 
 agreement which exempts the funds of one group from liability, in whole or in part, 
 for the payment of losses or expenses chargeable against another group, each inde- 
 pendent g^oup must maintain the reserve herein specified and comply with the require- 
 ments of subdivision (f ) of section three hereof, relative to the number and amount of 
 risks to be assumed. [Amendment of May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1272.] 
 
 Report of financial condition. Examination by insurance commissioner. 
 
 $ 7. Such attorney shall, within the time limited for filing the annual statement by 
 insurance companies transacting the same kind of business, make a report, under oath, 
 to the insurance commissioner for each calendar year, showing the financial condition 
 of affairs at the office where such contracts are issued, and shall at any time furnish 
 such additional information and reports as may be required; provided, however, that 
 the attorney shall not be required to furnish the names and addresses of any sub- 
 scribers except in case of an unpaid final judgment. The assets, business affairs and 
 records of such organization, shall be subject to examination by the insurance com- 
 missioner at any reasonable time, and such examination shall be at the expense of the 
 organization examined. The right of examination herein granted shall include the 
 right to examine the records containing the names and addresses of the subscribers, 
 but any information obtained therefrom shall be regarded as confidential and the 
 disclosure thereof, except under order of court, shall constitute a breach of official
 
 1169 IXSVRANCE:. Act 3192a, §§ 8-12 
 
 duty. Where the principal office of the attorney is located in another state, the insur- 
 ance commissioner may, in lieu of the examination provided for in this section, accept 
 a certified copy of the report of examination made by the insurance department of the 
 state where the principal office is located, or by the insurance department of any other 
 state. 
 
 Right of corporation to enter into insurance contracts. 
 
 $ 8. Any coi-poration now or hereafter organized under the laws of this state shall, 
 in addition to the rights, powers and franchises specified in its articles of incorpora- 
 tion, have full power and authority to enter into insurance contracts of the kind and 
 character herein mentioned. The right to enter into such contracts is hereby declared 
 to be incidental to the purposes for which such corporations are organized and as fully 
 granted as the rights and powers expressly conferred. 
 
 Certificate of authority. 
 
 § 9. Upon compliance with the requirements of this act, and the payment of a fee 
 of fifty dollars, the insurance commissioner shall issue a certificate of authority or a 
 license to the attorney authorizing him to make such contracts of insurance, which 
 license shall specify the kind or kinds of insurance to be effected and shall contain 
 the name of the attorney, the location of the principal office and the name or designa- 
 tion under which such contracts of insurance are issued. Such license shall be renewed 
 annually upon a showing that the standard of solvency required herein has been main- 
 tained and all fees and taxes required have been paid. For such renewal a fee of ten 
 dollars shall be paid. [Amendment of May 27, 1919. In effect July 27, 1919. Stats. 
 1919, p. 1273.] 
 
 Penalty. 
 
 § 10. Any attorney who shall exchange any contracts of insurance of the kind and 
 character specified in this act or any attorney or representative of such attorney, who 
 shall solicit or negotiate any apiolications for same without the attorney first comply- 
 ing with the foregoing provisions, shall be deemed guilty of a misdemeanor. For the 
 purpose of organization, and upon issuance of permit by the insurance commissioner, 
 powers of attorney and applications for such contracts may be solicited without com- 
 pliance with the provisions of this act, but no attorney, agent or other person shall 
 make any such contracts of insurance until all of the provisions of this act shall have 
 been complied with. 
 
 Revocation of certificate. 
 
 ^ 11. In addition to the foregoing penalties and where not otherwise provided, the 
 penalty for failure or refusal to comply with any or all of the terms and provisions 
 of this act, upon the part of the attorney, shall be the refusal, suspension or revocation 
 of certificate of authority no license by the insurance commissioner after due notice 
 and opportunity for hearing has been given such attorney so that he may appear and 
 show cause why such action should not be taken. 
 
 Fees. Tax upon gross premiums. 
 
 $ 12. In lieu of all other taxes, licenses or fees whatever, state or local, such attor- 
 ney shall pay annually on account of the transaction of such business in this state, the 
 same fees as are paid by mutual companies transacting the same kind of business, and 
 an annual tax upon the gross premiums or deposits collected from subscribers in this 
 state during the preceding calendar year, after deducting therefrom deposit returns 
 or cancellations, consideration for reinsurance and all amounts returned to subscribers 
 or credited to their accounts as savings; such tax to be computed at the same rate as 
 fixed by law for the taxation of mutual companies transacting the same kind of 
 business. 
 
 Gen. Laws — 74
 
 Act 2103, g 1 GEIVCRAI. LAWS. IITO 
 
 Provisions inserted not inconsistent with law. 
 
 $ 13. The attoruey may insert in any form of policy prescribed by the laws of this 
 state any provisions or conditions required by the plan of reciprocal or interinsurance; 
 provided, that same shall not be inconsistent with or in conflict with any law of this 
 state. Such policy in lieu of conforming to the language and form prescribed by such 
 law shall be held to conform thereto in substance if such policy includes a provision 
 or endorsement reciting that the policy shall be construed as if in the language and 
 form prescribed by such law. Any such endorsement shall first be filed with the insur- 
 ance commissioner. 
 
 Not subject to insurance laws. 
 
 $ 14. (a) Except as herein provided, the making of contracts as herein provided for 
 and such other matters as are incident thereto shall not be subject to the laws of this 
 state relating to insurance unless they are therein specifically mentioned. This section 
 shall not be construed, however, as depriving the insurance department of the state 
 of the right of examination of and supervision over reciprocal or interinsurance 
 exchanges, their agents and brokers, or of the right to hold and conduct hearings in the 
 manner and under the same procedure as provided by law in the case of mutual or 
 other insurance companies but such right is hereby expressly recognized and con- 
 firmed, but agents or brokers of reciprocals need not be expressly licensed. 
 
 Unlawful to give rebate. 
 
 (b) It shall be unlawful for any reciprocal or interinsurance exchange, its attorney 
 in fact, agent or broker to give or offer a rebate to a subscriber, directly or indirectly. 
 A rebate is hereby defined as an allowance, gift, setoff, or payment directly or indirectly 
 made or offered as an inducement to secure the exchange of indemnities, other than a 
 savings or credit to be returned to a subscriber in accord with the provisions contained 
 in the power of attorney or in the reciprocal or interinsurance contract executed by 
 him. [Amendment of May 27, 1919. In effect July 27, 1919. Stats. 1919, p. 1273.] 
 
 Repealed. 
 
 $ 15. All laws or parts of laws in conflict herewith are hereby repealed. 
 
 MUTUAL WORKMEN'S COMPENSATION INSURANCE COMPANIES. 
 ACT 2193 — An act providing for the organization and management of mutual work- 
 men's compensation insurance companies and defining the same and regulating the 
 transaction of the business of mutual workmen's compensation insurance in the state 
 of California. 
 
 History: Approved May 26, 1913. In effect August 10, 1913. Stats. 
 1913, p. 321. Amended June 8, 1915, Stats. 1915, p. 1301. 
 
 "Compensation." "Employer." "E.jployee." 
 
 $1. The term "compensation" as used in this act shall mean and include any 
 liability imposed upon any or all employers of labor to compensate their employees 
 and the dei)endents of such employees for any injury sustained by the said employees 
 by accident arising out of and in the course of their employment irresi^ective of the 
 fault of either party. The term "employer" as used in this act shall be construed to 
 mean: Every person, firm, voluntary association and private corporation (including 
 any public service corporation) who has any person in service under any appoint- 
 ment or contract of hire or apprenticeship, express or implied, oral or written, and 
 the legal representatives of any deceased employer. The term "employee" as used in 
 this act shall be construed to mean : Every person in the service of an employer as 
 defined by this act under any appointment or contract of hire or apprenticeship, 
 express or implied, oral or written, including aliens and also including minors. 
 
 i
 
 il71 INSURANCE. Act 2193, §§ »-6 
 
 Compensation associations. 
 
 § 2. (a) Mutual associations of any number of employers, not less than five, may, 
 subject to the approval of the insurance commissioner, be formed by incorporating 
 under the laws of this state, for the purpose of insuring their members against liability 
 for compensation and insuring to the employees of such members the payment of such 
 compensation. 
 
 (b) It shall be within the power of the insurance commissioner to limit the member- 
 ship of any such mutual association to those employers engaged in the same general 
 character of industry or to employers within a limited part of the state, whenever in 
 his judgment such limitation shall be required for the protection of the members of 
 such association or persons insured. 
 
 Articles of incorporation. 
 
 $ 3. Before the articles of incorporation shall be filed, a copy thereof shall be sub- 
 mitted for the approval of the insurance commissioner. Such articles shall set forth : 
 
 First — The names of the employers entering into such association, their places of 
 residence, the nature of the business in which they are engaged and the number of 
 persons employed by each. 
 
 Second — The name by which such association shall be known, which name shall 
 include the word "mutual," and, if the liability of members is limited, the words 
 "limited mutual." 
 
 Third — The period for which such association is incorporated, which shall not exceed 
 fifty years. 
 
 Fourth — The number of directors, which shall not be less than five (5) nor more than 
 eleven (11), and the names and residences of the directors for the first year. 
 
 Fifth — The location of the principal place of business, which shall be in this state. 
 
 Such articles must be executed, acknowledged, and filed as provided by law for the 
 formation of other corporations. 
 
 By-laws. 
 
 § 4. The members of any company organized under this act shall have power to 
 make such by-laws, not inconsistent with the constitution and laws of this state, as 
 may be deemed necessary for the government of its officers and members, for the 
 admission of new members, for the assessment and collection of premiums and assess- 
 ments and in general for the proper conduct of its affairs. Such by-laws shall not be 
 effective until a copy thereof has been filed with the insurance commissioner and 
 approved by him. 
 
 Employer's liability. 
 
 $ 5. Every employer accepting a policy in any company organized under this act 
 shall thereby become a member of such company and shall become liable for his 
 proportionate share of losses and operating expenses as hereinafter provided. 
 
 When policies may be issued. 
 
 $ 6. No policy shall be issued by any company organized under this act until sub- 
 scriptions for insurance have been received from at least one hundred employers 
 having an annual pay-roll of at least $500,000.00 or having in their employment at least 
 one thousand employees, nor until an amount in cash shall be in hand over and above all 
 liabilities other than the unearned premium reserve of not less than fifteen thousand 
 dollars and in any event not less than one full annual premium upon each risk. If at 
 any time the number of employers insiired shall fall below one hundred or if the annual 
 pay-roll of said employers shall fall below $500,000.00 and the number of their said
 
 Act 2iy3, gg 7-12 GRNKUAL I.AAVS, 1172 
 
 employees shall fall below one thousand then no further policies shall be issued until 
 subscriptions have been received sufficient to comply with the requirements of this 
 section. 
 
 Premiums. 
 
 $ 7. [Repealed June 8, 1915, Stats. 1015, p. 1301.] 
 
 Established rate. 
 
 $ 8. After a compensation insurance rate shall have been established by the state 
 workmen's compensation insurance rating bureau no mutual company organized under 
 this act shall charge a lesser rate upon any risk than the gross bureau rates applicable 
 thereto. 
 
 Members' liability for excess loss. 
 
 ^ 9. Every company organized under this act shall in its by-laws and policies fix 
 the contingent mutual liability of its members for the payment of losses in excess of 
 its available cash funds; but such contingent liability shall not be less than an amount 
 equal to one annual premium in addition to the annual premium charged. 
 
 Companies subject to law. 
 
 $ 10. Every company organized under this act shall be subject to all the general 
 provisions of the law relative to other insurance companies and also to the general 
 provisions of law applicable to all other corporations in so far as such provisions 
 are not inconsistent or in conflict with the provisions of this act. 
 
 Assessment to pay losses. 
 
 $ 11. If any company organized under this act is not possessed of cash funds above 
 its unearned premium reserve and claims reserve and other liabilities sufficient for the 
 payment of incurred losses and expenses it shall make an assessment for the amount 
 needed to pa}' such losses and expenses i;pon its members liable to assessment therefor 
 in proportion to their several liabilities. The company shall cause to be recorded in 
 a book kept for that purpose the order for such assessment and the amount of the 
 assessment called for, together with a statement setting forth the condition of the 
 company at the date of the order, the amount of its cash assets and contingent funds. 
 Such record shall be made and signed by the directors or other persons who voted 
 for the order and approved by the insurance commissioner before any part of the 
 assessment is collected and any person liable to assessment may inspect and take r. 
 copy of the same. 
 
 Surplus fund. Dividends. 
 
 § 12. The directors of every such mutual company shall each year set aside as a 
 surplus an amount equal to at least twenty-five per cent of all available profits until 
 such surplus shall be an amount not less than the amount of all premiums charged 
 upon all insurance in force after deducting therefrom the amount of premiums charged 
 for any risks which have been reinsured in other insurance carriers. After setting 
 aside the amount of profits required to be set aside by this section as a surplus fund, 
 the directors of every such mutual association, at such times as their by-laws provide, 
 must make, declare and pay to their members dividends of so much of the additional 
 available profits accrued from the business of the association and interest on moneys 
 invested as to them appears advisable; provided, however, that no such dividend shall 
 be declared or paid unless there is then on hand a surplus of not less than $15,000 
 and equal to at least twenty-five per cent of all premiums charged upon all insurance 
 in force after deducting therefrom the amount of premiums charged for any risks 
 which may have been reinsured in other insurance carriers.
 
 1173 INSURANCE. Act 2193, §§ 13-20 
 
 Approval of insurance commissioner. 
 
 $ 13. No assessment shall be levied and no dividend shall be declared until such 
 assessment or such dividend has been approved by the insurance commissioner. 
 
 Investment of funds. 
 
 § 14. The funds of any company organized under this act shall be invested in the 
 manner allowed for the investment of the funds of other insurance companies. 
 
 Limitation of expenses. 
 
 ^ 15. The expenses for any calendar year of any company organized under this act, 
 including commissions and fees to agents and officers, but not including expenses 
 incurred for the prevention of injuries, shall be limited to thirty per cent of the 
 gross premiums actually received during that year. A violation of this provision shall 
 render the officers and directors and all persons having similar powers jointly and 
 severally liable to such company for any amount used for expenses in excess of the 
 amount provided for in this section. In the event that such company fails or refuses 
 to recover such moneys so paid the insurance commissioner may sue for and recover 
 the same from any one or all of the officers or directors and all persons having similar 
 powers of such company for the benefit of its members. No officer or other person, 
 whose duty it is to determine the character of the risks, and to decide what applications 
 shall be accepted and what applications shall be rejected by such company, shall 
 receive as any part of his compensation a commission upon the premiums, but his 
 compensation shall be a fixed salary and such share of the net profits as the directors 
 or trustees may determine. 
 
 When insolvent. 
 
 $ 16. Whenever the liabilities of any company organized under this act for losses 
 reported, expenses, taxes, unearned premium reserve and claims reserve are greater 
 than its admitted cash assets then such company is insolvent. 
 
 Annual statement. 
 
 § 17. Every company organized under this act shall file with the insurance commis- 
 sioner on or before the first day of March of each year, its financial statement exhib- 
 iting its condition on the thirty-first day of December next preceding. Such statement 
 shall be made as provided for in the blanks furnished by the insurance department. 
 
 Rules for prevention of injury. 
 
 $ 18. The directors of any company organized under this act shall make and enforce 
 reasonable rules and regulations for the prevention of injuries on the premises of 
 members and for this purpose the inspectors of the company shall have free access 
 to all such premises during regular working hours. Any employer or employee aggrieved 
 by any such rule or regulation may petition the industrial accident commission for a 
 review, and it may affirm, amend or annul the rule or regulation. 
 
 Wages accounts. 
 
 § 19, Auditors, inspectors and other agents of the company shall have free access 
 to the wages accounts and pay-rolls of members for the purpose of verifying pay-rolls. 
 
 Notice of withdrawal, 
 
 $ 20. Any member of any company organized under this act may withdraw at any 
 time by giving thirty days' written notice of his intention to withdraw and surrender- 
 ing his policy ; provided, however, that he shall discharge all his obligations to the com- 
 pany at the time of his withdrawal. The termination of such insurance shall not act to 
 release the member withdrawing from liability for the payment of his assigned share
 
 Act 2194, §§ 1, 2 GKNERAL. L.AVl'^S. 1174 
 
 of all assessments then or thereafter made to make up deficiencies due to accidents 
 happening while he was insured in such company. The premium for such surrendered 
 policy shall be returned to the member withdrawing less the customary short term 
 premium for a time during which the policy was in force. The company shall have 
 power to cancel or determine any policy by giving the insured five days ' written notice 
 to that effect and returning to the insured his pro rata part of the premium. 
 
 Amendment of by-laws. 
 
 § 21. Any company organized under this act shall have power to amend its articles 
 of association and by-laws at its regular annual meeting or at special meetings called 
 and held as provided in its by-laws, but said amendments shall, before they become 
 operative, be approved and filed in the same manner as the original articles and by-laws. 
 
 May own property. 
 
 § 22. Any company organized under this act shall have power to own, hold and 
 acquire such real and personal property as shall be necessary for the transaction of 
 its business. 
 
 May sue. 
 
 § 23. Any company organized under this act may sue and be sued in any court of 
 law or equity, with the same rights and obligations as a natural person, and in addition 
 to the powers hereinbefore enumerated, shall possess and exercise all such rights and 
 powers as are necessarily incidental to the exercise of the powers as expressly granted 
 herein. 
 
 Not applicable to contracts. 
 
 § 24. This act shall not apply to contracts made between persons, firms or corpora- 
 tions of this state, and others of this state and other states for the protection of their 
 own property under the plan known as reciprocal insurance or interinsurance, nor to 
 unincorporated inter-indemnity compacts. 
 
 MISREPRESENTING TERMS OF INSURANCE POLICY. 
 
 ACT 2194 — An act to prohibit insurance companies, associations, or societies and their 
 
 agents from misrepresenting the terms of any policy of insurance. 
 
 History: Approved June 7, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1272. 
 
 Misrepresenting terms of policy prohibited. 
 
 ^ 1. No insurance company, association, or society, or any ofiBcer, director, agent, 
 
 broker or solicitor thereof shall issue, circulate or use or cause or permit to be issued, 
 
 circulated or used, any statement, estimate, illustration, or circular misrepresenting the 
 
 terms of any policy issued or to be issued by such company or the benefits or privileges 
 
 promised under any such policy, or the future dividends, payable under any such policy. 
 
 No insurance company, association, or society, officer, director, agent, solicitor or broker, 
 
 or any person, firm, association or corporation shall make any misrepresentation, oral, 
 
 written or otherwise, to any person for the purpose of inducing or tending to induce such 
 
 person to take out a policy of insurance, or for the purpose of inducing or tending to 
 
 induce a policyholder in any company to lapse, forfeit or surrender his insurance 
 
 therein, or to refuse to accept a policy issued upon an application therefor, and to take 
 
 out a policy of insurance in any other company. 
 
 No excuse from testifying. 
 
 ^ 2. No person shall be excused from testifying or from producing any books, papers, 
 contracts, agreements or documents at the trial or hearing of any person or company, 
 association or society charged with violating any provisions of section one of this act
 
 1175 INSURANCE. Act 21»«, §§ 1-5 
 
 on the ground that such testimony or evidence may tend to incriminate himself, but no 
 person shall be prosecuted for any act concerning which he shall be compelled so to 
 testify or produce evidence, documentary or otherwise, except for perjury committed 
 in so testifying. 
 
 Penalty. 
 
 § 3. Any insurance company, association, or society, agent, solicitor or broker, or 
 any person, firm, association, or corporation, violating the provisions of this act shall 
 upon conviction be sentenced to pay a fine of not more than one hundred dollars for 
 each and every violation, or in the discretion of the court, to an imprisonment for a 
 period of not more than six months. The insurance commissioner shall have authoritj^, 
 in his discretion, to revoke or suspend a license theretofore issued to any agent, solicitor 
 or broker, for a period not exceeding three years, on its being proven to him after a 
 hearing that such agent, solicitor or broker, has knowingly or willfully violated any of 
 the provisions of this act. 
 
 SOCIAL INSURANCE INVESTIGATING COMMISSION. 
 ACT 2196 — An act authorizing the governor to appoint a commission to investigate and 
 advise the legislature concerning the adoption of a system of social insurance, and to 
 make a report to the forty-third session of the legislature and making an appro- 
 priation therefor. 
 
 History: Approved May 14, 1917. In effect July 27, 1917. Stats. 
 1917, p. 468. Prior act approved May 17, 1915. In effect August 8, 
 1915. Stats. 1915, p. 473, superseded by present act, which is obsolete 
 by lapsation. 
 
 Commission to investigate social insurance. 
 
 § 1. The governor of the state of California is hereby authorized and requested to 
 appoint a commission of seven persons, citizens of this state, to investigate and advise 
 the legislature concerning the adoption of a system of social insurance. The com- 
 mission shall report to the forty-third session of the legislature the details of any or 
 all branches of a social insurance system it may deem advisable, and may recommend 
 for adoption any measure or measures it deems expedient. 
 
 Powers. 
 
 § 2. The commission shall have power to subpoena witnesses and to enforce their 
 attendance at any public hearings that may be held for the purpose of obtaining evi- 
 dence of conditions bearing upon the establishment of any system of social insurance. 
 
 Duty of persons, etc., to supply information. 
 
 $ 3, It shall be the duty of every person, firm or corporation employing labor in this 
 state to supply the commission, at its request, with any and all information from the 
 books, reports, contracts, pay rolls, documents or papers of such person, firm or cor- 
 poration which the commission may require to carry out the purposes of this act. 
 
 Traveling expenses. Secretary. 
 
 $ 4. The members of the commission shall serve without pay but shall be reimbursed 
 for traveling expenses incun'ed in connection with the work of the commission. The 
 commission shall have power to employ an executive secretary and expert, clerical and 
 other assistants. 
 
 Appropriation. Revolving fund. 
 
 § 5. There is hereby appropriated out of the general fund, not otherwise appropri- 
 ated, the sum of twentj^-two thousand five hundred dollars, or any portion thereof, as 
 may in the judgment of the commission be required for the purposes of this act. The
 
 Act 2107, 9 1 GENERAL. LAWS. 1178 
 
 sum of five hundred dollars of said money may be di'awn from the state treasury upon 
 approval of the state board of control without the submission of receipts, vouchers or 
 itemized statements to be used by the commission as a cash revolving fund to facilitate 
 its work. 
 
 GUARANTY SURPLUS AND SPECIAL RESERVE FUNDS. 
 ACT 2197 — An act to provide for the establishment and maintenance by fire insurance 
 corporations of guaranty surplus funds and special reserve funds and thereby limit- 
 ing liability and to provide for the waiver by policyholders of recourse against stock- 
 holders of such corporations. 
 
 History: Approved May 31, 1917. In effect July 30, 1917. Stats. 
 1917, p. 1378. 
 
 Guaranty surplus fund and special reserve fund may be created. Limitation on amount 
 
 of dividend sum deducted in estimating profits. 
 
 ^ 1. Every domestic corporation having a capital stock issuing fire insurance poli- 
 cies may at its option create a guaranty surplus fund and a special reserve fund by the 
 adoption of a resolution by its board of 'directors at a regular meeting, and by tiling 
 with the insurance commissioner a copy thereof, declaring their desire &nd intention 
 to create such funds and to do business under this and the two following sections. The 
 insurance commissioner shall thereupon make or cause to be made a certificate of the 
 result thereof, which shall particularly set forth the amount of surplus funds held 
 by it at the date of the examination, and the same may be equally divided between and 
 set apart to constitute guaranty surplus and special reserve funds to the extent nec- 
 essary to constitute such two funds. Said certificate shall be recorded in the office of 
 the insurance commissioner. Thereafter all policies and renewals of policies issued by 
 such corporation shall contain a provision that they are issued under and in pursuance 
 of this act, referring to the same by the title of this act, and all such policies and 
 renewals shall be subject to the provisions of this act, and a policyholder, by accepting 
 the policy, becomes bound thereby. After the passage and filing of such resolution, 
 the corporation shall not make, declare or pay in any form any dividend upon its 
 capital stock exceeding seven per centum per annum thereon, and upon the surplus 
 funds to be formed thereunder, until after its guaranty surplus fund and its special 
 reserve fund shall have together accumulated to an amount equal to its capital stock; 
 and until such funds shall together amount to a sum equal to its capital stock, the 
 entire surplus profits of the corporation above such annual dividend of seven per 
 centum shall be equally divided between and be set apart to constitute such guaranty 
 surplus and special reserve funds, which funds shall be held and used as hereinafter 
 provided and not otherwise. Any such corporation which shall declare or pay any 
 dividend contrary to the provisions herein contained, shall be deemed to have forfeited 
 its charter. In estimating the profits of any such corporation for the purpose of 
 making a division thereof between the guaranty surplus fund and the special reserve 
 fund, until such funds shall together amount to a sum equal to its capital stock, there 
 shall be deducted from the gross assets of the corporation, including for the purpose 
 the amount of the guaranty surplus fund and the special reserve fund, the sum of the 
 following items: 
 
 1. The amount of all outstanding claims. 
 
 2. An amount sufficient to meet the liability of the corporation for the unearned 
 premiums upon its unexpired policies, which shall be at least equal to the unearned 
 premiums on policies having one year or less to run, and a pro rata proportion of the 
 premiums received on the policies having more than one year to run, and shall be known 
 as the reinsurance liability.
 
 1177 IXSl UAXCE. Act 2197, gS :i, 3 
 
 3. Tlie amount of its guaranty surplus fund and its special reserve fund. 
 
 4. The amount of its capital. 
 
 5. Interest at the rate of seven per centum per annum upon the amount of its capital 
 and of such funds for whatever time shall have elapsed since the last preceding cash 
 dividend. The balance shall constitute the net surplus of the corporation subject to 
 the equal division between the funds as herein provided. When the corporation shall 
 notify the insurance commissioner that it has fulfilled the requirements of this section, 
 and that its guaranty surplus fund and its special reserve fund, taken together, equal 
 its capital stock, he shall make an examination of the corporation and make a certifi- 
 cate of the result thereof; and thereafter such corporation may continue out of any 
 sul)sequent profits of its business, to add to such funds, either the whole or only a part 
 thereof, but when any addition is made to the special reserve fund, an equal sum 
 shall be carried to the guaranty surplus fund. 
 
 'nvestment of funds. 
 
 ^ 2. Such guaranty surplus fund shall be held and invested by such corporation in 
 the same manner as its capital stock and surplus accumulations, and shall be liable and 
 applicable in the same manner as the capital of the corporation to the payment gen- 
 erally of its losses. Such special reserve fund, until it shall amount to a sum equal 
 to one-half of the capital stock, shall be invested in the same manner as the capital of 
 the corporation, and any additional sum added to such fund shall be invested by the 
 corporation in any securities, in which the corporation is by law authorized to invest 
 its capital or its surplus accumulations, and shall be deposited from time to time, as 
 the same shall accumulate and be invested, with the insurance commissioner. Such 
 special reserve fund shall be deemed a fund to protect such a coiTooration and its 
 policyholders other than claimants for losses already existing or then occurred in case 
 of any extraordinary conflagration or conflagrations as hereinafter mentioned, and 
 shall not be regarded as any part or portion of the assets of the corporation so as to be 
 liable for any claim for loss by fire or otherwise, except as herein provided. 
 
 Waiver of recourse against stockholders. 
 
 No corporation, after it has declared its desire and intention, as provided in section 
 one hereof, to create a guaranty surplus fund and a special reserve fund, shall have 
 the right thereafter to insert in its policy a provision to the effect that the insured, by 
 accepting the policy, waives recourse against the stockholders of the corporation, until 
 such corporation has created, as herein provided, a guaranty surplus fund and a special 
 reserve fund each in amount equal to one-half of the par value of its capital stock; 
 but, when it has so done, then it may thereafter insert in any policy it may thereafter 
 issue a provision in red ink to the effect that the insured, by accepting the policy, waives 
 any recourse to its stockholders and agrees, in case of making any claim thereunder, to 
 look solely to the assets and property of the corporation as and to the extent herein 
 provided. 
 
 In case* of extensive conflagration. Corporation discharged from liability. 
 
 ^ 3. When any extensive conflagration or conflagrations shall occur whereby the 
 claims upon the corporation shall exceed the amount of its capital stock and of the 
 guaranty surplus fund hereinbefore provided, the corporation shall notify the insurance 
 commissioner of the fact, who shall then make or cause to be made, an examination of 
 the corporation, and shall issue his certificate in duplicate of the result, showing the 
 amounts of capital, of guaranty surplus fund, of special reserve fund, of reinsurance 
 liability, and all other assets. One of such certificates shall be given the corporation, 
 and the other shall be recorded in the office of the insurance commissioner. Such 
 special reserve fund shall be immediately held to protect all policyholders of the cor-
 
 Act 2197 GENERAL LAWS. 1178 
 
 poration other than such as are claimants upon it at the time, or such as become 
 claimants in consequence of such conflagration or conflagrations. The amount of such 
 special reserve fund, and an amount equal to the unearned premiums of such corpora- 
 tion, to be ascertained as hereinbefore provided, shall (jonstitute the capital and assets 
 of such corporation for the protection of policyholders other than such claimants, and 
 for the further conduct of its business. Such certificate of the insurance commissioner 
 shall be binding and conclusive upon all parties interested in the corporation, whether 
 stockholders, creditors or policyholders. Upon the payment to the claimants for losses 
 or otherwise, existing at the time of or caused by such general conflagration or con- 
 flagrations, of an amount to which they are respectively entitled in proportion to their 
 several claims, of the full sum of the capital of the corporation and of its guaranty 
 surplus fund, and of its assets, except only such special reserve fund and an amount of 
 its assets equal to the liability of the corporation for unearned premiums, as certified 
 by the insurance commissioner, such corporation shall be forever discharged from any 
 and all further liability to such claimants and to each of them on any policy of insur- 
 ance issued after the creation as above provided of the special reserve fund in amount 
 equal to one-half of its capital stock. 
 
 Transfer of securities in special reserve fund. If guaranty surplus fund reduced. If 
 capital impaired. 
 
 The insurance commissioner shall, after issuing such certificate upon the demand of 
 the corporation, transfer to it all such securities as shall have been deposited with him 
 by it as such special reserve fund. If the amount of such special reserve fund shall be 
 less than fifty per centum of the full amount of the capital of the corporation, a 
 requisition shall be issued by the insurance commissioner upon the stockholders to make 
 up the capital to that proportion of its full amount. Any capital so impaired shall 
 be so made up to at least the sum of two hundred thousand dollars. If the corporation, 
 after such requisition, shall fail to make up its capital to at least such amount as herein 
 directed such special reserve fund shall be held as security and liable for all losses 
 occurring upon policies of such corporation after such conflagration or conflagrations. 
 If any amount greater than a sum equal to one-half of its capital stock shall by such 
 corporation, under the provisions of the two preceding sections, have been deposited, as 
 aforesaid, with the insurance commissioner, he shall retain of such securities a sum 
 equal to one-half of the amount he shall so hold thereof in excess of such one-half of 
 the capital stock, and transfer the balance thereof to the corporation as herein provided. 
 The amount so transferred to the corj:»oration shall, from the time of such transfer, 
 if not less than two hundred thousand dollars, constitute the capital stock of the cor- 
 poration for the further conduct of its business as hereinbefore provided. The sum so 
 retained by the insurance commissioner shall thenceforth constitute the special reserve 
 fund of the corporation, to which additions may be made as herein provided, and shall 
 be held in the same manner, for the same purposes and under the same conditions as 
 the original special reserve fund of the corporation was held. The corporation shall 
 in an annual statement to the insurance commissioner set forth the amount of such 
 special reserve fund and of its guaranty surplus fund. If in consequence of the pay- 
 ment of losses by fires, or of the expenses of the business, or of the interest payable 
 under the provisions hereof to stockholders, or from any cause, the guaranty surplus 
 fund shall be reduced in amount below the amount of the special reserve fund, the 
 directors of the corporation shall have the right, at their option, at the time of making 
 any division of the net profits as herein provided, to carry a larger sum to the guar- 
 anty surplus fund than to the special reserve fund; but this privilege shall cease when 
 the two funds are made equal in amount. The policy registers, insurance maps, books 
 of record and other books in actual use by the corporation in its business, are not to
 
 1179 INSURANCE. • Act 2199, §§ 1, 2 
 
 be considered as assets, but shall be held by it for its use in the protection of its 
 policyholders not claimants for losses at the time of such general conflagration. If 
 after the accumulation of such special reserve fund, it shall appear upon examination 
 by the insurance commissioner that the capital of the corporation has, in the absence 
 of any such extensive conflagration, become impaired, he shall order a call upon the 
 stockholders to make up such impairment, and the board of directors may either comply 
 with such order and require the necessary payments of the stockholders, or, at their 
 option, they may apply for that purpose so much of such special reserve fund as will 
 make such impairment good. No corporation doing business under this and the two 
 preceding sections shall insure any larger amount upon any single risk than is per- 
 mitted by law to a corporation possessing the same amount of capital irrespective of 
 the funds hereinbefore provided for. 
 
 LIQUIDATION OF DELINQUENT INSURANCE COMPANIES. 
 
 ACT 2199 — An act to provide for proceedings against and liquidation of delinquent 
 
 insurance corporations and associations. 
 
 History: Approved April 30, 1919. In effect July 22, 1919. Stats. 
 1919, p. 265. 
 
 Application of act. 
 
 $ 1. This act shall apply to all corporations and associations which are subject to 
 examination by the insurance commissioner, or which are doing or attempting to do or 
 representing that they are doing the business of insurance in this state, or which are 
 in the process of organization intending to do such business therein; and the words 
 "corporation" or "corporations" herein shall also include all such associations, as 
 well as all voluntary or unincorporated associations; provided, however, that nothing 
 herein contained shall be construed to affect or to relate to any fraternal benefit society 
 as defined in the act entitled "An act for the regulation and control of fraternal 
 benefit societies." approved May 1, 1911, as amended. 
 
 Action by insurance commissioner for order to conduct business of domestic cor- 
 poration. 
 
 §2. Whenever any domestic corporation (a) is insolvent; or (b) has refused to 
 submit its books, papers, accounts or affairs to the reasonable inspection of the insur- 
 ance commissioner, or his deputy or examiner; or (c) has neglected or refused to 
 observe an order of the insurance commissioner to make good within the time pre- 
 scribed by law any deficiency, whenever its capital, if it be a stock corporation, or its 
 reserve, if it be a mutual corporation, shall have become impaired; or (d) has, by con- 
 tract of reinsurance or otherwise, transferred or attempted to transfer substantially 
 its entire property or business, or entered into any transaction the effect of which is 
 to merge substantially its entire property or business in the property or business of any 
 other corporation or association without having first obtained the written approval 
 of the insurance commissioner; or (e) is found, after an examination, to be in such 
 condition that its further transaction of business will be hazardous to its policyholders, 
 or to its creditors, or to the public; or (f) has wilfully violated its charter or any law of 
 the state; or (g) whenever any officer thereof has refused to be examined under oath 
 touching its affairs; or (h) if such corporation be organized under chapter six, division 
 one, part four, title two of the Civil Code, or as a corporation to carry on the business 
 of mutual livestock insurance upon the assessment plan, its condition is found, after 
 examination, to be such that it can not meet the requirements for incorporation and 
 authorization specified in the law relating thereto, the insurance commissioner may 
 apply to the superior court, or any judge thereof, in the county in which the principal 
 office of such corporation is located for an order directing such corporation to show
 
 Act 2199, g§ 3-6 GENERAL, L.A1VS. 1180 
 
 cause why the insurance commissioner should not take possession of its property, and 
 conduct its business, and for such other relief as the nature of the case and the interest 
 of its policyholders, creditors, and the public may require. 
 
 Injunction by court. 
 
 $ 3. On such application, or at any time thereafter, such court may, in its discre- 
 tion, issue an injunction restraining such corporation from the transaction of its busi- 
 ness or disposition of its property until the further order of the court. On the return 
 of such order to show cause, and after a full hearing, the court shall either deny the 
 application or direct such insurance commissioner, or his successor in office, forthwith 
 to take possession of the property and conduct the business of such corporation, and 
 retain such possession and conduct such business until, on the application either of the 
 insurance commissioner, or of such corporation, it shall, after a like hearing, appear 
 to the court that the ground for such order directing the insurance commissioner to 
 take possession has been removed and that the corporation can properly resume posses- 
 sion of its property and the conduct of its business. 
 
 Liquidation by insurance commissioner. 
 
 § 4. If, on a like application and order to show cause, and after a full hearing, the 
 court shall order the liquidation of the business of such corporation, such liquidation 
 shall be made by and under the direction of such insurance commissioner, and his suc- 
 cessors in office, who may deal with the property and business of such corporation in 
 their own names as insurance commissioners or in the name of the corporation, as the 
 court may direct, and shall be vested by operation of law with title to all of the prop- 
 erty', contracts and rights of action of such corporation as of the date of the order so 
 directing them to liquidate. The filing or recording of such order in any county 
 recorder's office of the state shall impart the same notice that a deed, bill of sale or 
 other evidence of title duly filed or recorded by such corporation would have imparted. 
 The rights and liabilities of any such corporation, and of its creditors, policyholders, 
 stockholders and members, and of all other persons interested in its assets, shall, unless 
 otherwise directed by the court, be fixed as of the date of the entry of the order direct- 
 ing the liquidation of such corporation in the office of the clerk of the county wherein 
 such corporation had its principal office for the transaction of business upon the date 
 of the institution of proceedings under this section. 
 
 Action hy insurance commissioner in case of foreign corporations. 
 
 ^ 5. Whenever any of the grounds of jurisdiction over domestic corporations speci- 
 fied in subdivisions (a), (b), (c), (d), (e), (f) and (g) of section two of this act exist 
 or arise with reference to any corporation incorporated by or existing under the gov- 
 ernment or laws of any country outside of the United States and authorized to transact 
 the business of insurance and having assets in this state; or whenever any foreign cor- 
 poration so authorized and having assets in this state has been placed in the hands of 
 a receiver or had its property sequestered in its domiciliary state or country or in any 
 other state or country, the insurance commissioner may apply to the superior court or 
 any judge thereof in the county in which such corporation has its principal office for 
 the transaction of business in this state, for an order directing such corporation to 
 show cause why the insurance commissioner should not take possession of its property 
 and conserve its assets for the benefit of its creditors, and for such other relief as the 
 nature of the case and the interests of its policyholders, creditors, stockholders or the 
 public may require. 
 
 Injunction hy court. 
 
 ^ 6. On such application, or at any time thereafter, such court may, in its discre- 
 tion, issue an injunction restraining such corporation and its officers, agents and
 
 tl81 INSURANCE. Act 2199, §§ T-11 
 
 employees from the transaction of its business or disposition of its property until the 
 further order of the court. On the return of such order to show cause, and after a full 
 hearing the court shall either deny the application or direct the insurance commissioner 
 forthwith to take possession of the property and conserve the assets of such corpora- 
 tion, and retain such possession until, on the application either of the insurance com- 
 missioner, or of such corporation, it shall, after a like hearing, appear to the court that 
 the ground for such order directing the insurance commissioner to take possession has 
 been removed and that the corporation can properly resume possession of its property 
 and conduct its business. If, on such application, the court shall direct the insurance 
 commissioner to take possession of the property and conserve the assets of such corpo- 
 ration, the rights and duties of the said insurance commissioner with reference to such 
 corporation and its said assets shall be those heretofore exercised by and imposed upon 
 ancillary receivers of foreign corporations in this state. 
 
 Appointment of deputies, etc. 
 
 $ 7. For the purposes of this act, the insurance commissioner shall have power to 
 appoint, under his hand and official seal, one or more special deputy insurance commis- 
 sioners, as his agent or agents, and to employ such counsel, clerks and assistants as may 
 by him be deemed necessary, and give each of such persons such powers to assist him 
 as he may consider wise. The compensation of such special deputy insurance commis- 
 sioners, counsel, clerks and assistants, and all expenses of taking possession of and 
 conducting the business of liquidating any such corporation shall be fixed by the insur- 
 ance commissioner, subject to the approval of the court, and shall, on certificate of the 
 insurance commissioner, be paid out of the funds or assets of such coi*poration. During 
 the progress of any proceedings taken under this section, the insurance commissioner, 
 his deputies or any examiner authorized bj' him and the special deputy insurance com- 
 missioner acting for the said insurance commissioner therein shall have all of the 
 powers given to the insurance commissioner, his deputy or any examiner authorized 
 by him, including the power to examine under oath the persons specified in such section, 
 and to compel the production of books and papers as therein provided. 
 
 Rules and regulations. 
 
 § 8. For the purposes of this act, the insurance commissioner shall have power, 
 subject to the approval of the court, to make and prescribe such rules and regulations 
 as to him shall seem proper. 
 
 Report to legislature on liquidated corporations. 
 
 § 9. The insurance commissioner shall transmit to the legislature, in his biennial 
 report, the names of the corporations so taken possession of, whether the same have 
 resumed business or have been liquidated, and such other facts as shall acquaint the 
 policyholders, creditors, stockholders and the public with his proceedings under this 
 act; and to that end, the special deputy insurance commissioner in charge of any such 
 corporation shall file annually with the insurance commissioner a report of the affairs 
 of such corporation. 
 
 Commissioner has powers of receiver. 
 
 ^ 10. In all cases arising under the provisions of this act where not otherwise pro- 
 vided the powers and duties of the insurance commissioner with relation to the property 
 and assets and business of any corporation placed under his control shall be those 
 heretofore exercised by and imposed upon receivers of corporations within this state. 
 
 Service of papers. 
 
 ^ 11. The order to show cause and the papers upon which the same is made in any 
 proceeding instituted under the provisions of this act shall be served upon the corpora-
 
 Act 2200 GEINKRAL. LAWS. 1183 
 
 tion named in such order in the manner prescribed by law for personal service of sum- 
 mons upon a domestic corporation. When it is satisfactorily proved by affidavit that 
 the officers of the corporation named in the said order to show cause, upon whom service 
 is required to be made as above provided, or, if a Lloyds association or inter-insurance 
 exchange be named in the order to show cause, the duly designated attorney-in-fact, 
 have departed from the state or keep themselves concealed therein with intent to avoid 
 service, such order to show cause may provide for service thereof in such manner as 
 the court or judge by whom the same is made, shall direct. 
 
 Transfer of place of business to San Francisco. 
 
 § 12. At any time after the commencement of proceedings under an order of liquida- 
 tion made pursuant to this section, the said insurance commissioner may remove the 
 principal office of the corporation in liquidation to the city and county of San Fran- 
 cisco. In event of such removal the court shall, upon the application of the insurance 
 commissioner, direct the clerk of the county wherein such proceeding was commenced to 
 transmit all of the papers filed therein with such clerk to the clerk of the county of 
 San Francisco, and the proceeding shall thereafter be conducted in the same manner as 
 though it had been commenced in the city and county of San Francisco. 
 
 Repealed. Option of commissioner. 
 
 § 13. All acts and parts of acts inconsistent with the provisions of this act are 
 hereby repealed; provided, however, that it shall be optional with the insurance com- 
 missioner in any appropriate case to proceed in the manner herein provided or in 
 accordance with the provisions of section six hundred four of the Political Code, 
 
 CHAPTER 166. 
 
 INTEREST. 
 
 References: Interest on loans, see Kerr's Cyc. Civil Code, §§ 1914, et 8e(^ 
 Legal rate, see Kerr's Cyc. Civil Code, § 1917. 
 Usury, see tit. "Usury Law." 
 See, generally, tit. "Pawnbrokers." 
 
 CONTENTS OF CHAPTER. 
 ACT 2200. Rates of Interest on Loans Upon Chattel Mortgages. 
 
 RATES OF INTEREST ON LOANS ON CHATTEL MORTGAGES. 
 ACT 2200 — An act fixing the rates of interest and charges on loans upon chattel mort- 
 gages on certain personal property, and prescribing penalties for the violation of the 
 act. 
 
 History: Approved March 20, 1905, Stats. 1905, p. 422. M 
 
 llnconstitutional. — In re Sohncke, 148 Compare act of 1905, p. 711, to form cor- 
 
 Cal. 262, 82 Pac. 956; 7 Am. & Eng. Ann. Cas. porations to lend money on personal prop- 
 477; 113 Am. St. Rep. 236; 2 L. R. A. (N. S.), erty (Act 1022). limiting the rate of interest 
 813. See, also, Eaker v. Bryant, 24 Cal. on chattel mortgages and declared uncon- 
 App. 8T, 140 Pac. 310. stitutional in the same case. See, also. Act 
 
 3434, post. 
 
 INTERPRETERS. 
 See Kerr's Cyc. Penal Code, $925.
 
 1183 INTOXICATING LIQUORS. Act 2213, §9 1-3 
 
 CHAPTER 167. 
 
 INTOXICATING LIQUORS. 
 
 References: See tits. "Adulteration"; "Wines." Also, 
 Administering, see Kerr's Cyc. Penal Code, § 222. 
 
 Adulterated liquors, keeping and sale of, see Kerr's Cyc. Penal Code, §§ 382, 383. 
 Bringing into certain state institutions, see Kerr's Cyc. Penal Code, § 171a. 
 Sale within mile of camp meeting, see Kerr's Cyc. Penal Code, §§304, 305. 
 Sale to drunkard, see Kerr's Cyc. Penal Code, § 397. 
 Sale on election day, see Kerr's Cyc. Penal Code, § 63b. 
 Sale to Indian, see Kerr's Cyc. Penal Code, § 397. 
 Sale to infants, see Kerr's Cyc. Penal Code, § 397b. 
 Sale between 2 and 6 o'clock a. m., see § 397c. 
 Sale of in state capitol or grounds thereof, and other state and federal institutions 
 
 and buildings, see Kerr's Cyc. Penal Code, § 172. 
 Theatre, employing women to sell, at, see Kerr's Cyc. Penal Code, § 303, 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2213. Collection of Accounts for Liquor. 
 
 2214. Sale to Person Inordinately Addicted to Use. 
 
 2222. Sale Within One Mile of Mendocino State Hospitai* 
 
 2223. Sale of Within One Mile of College City. 
 
 2224. Sale Near Construction Camp. 
 2224a. Sale at Public School House. 
 
 2225. "Wyllie Local Option Law." 
 
 2226. Prohibition Enforcement Act. 
 
 2227. Building Nuisance Abatement Act. 
 
 COLLECTION OF ACCOUNTS FOR LIQUOR. 
 
 ACT 2213 — An act to prohibit the collection of accounts for liquors sold at retaiL 
 
 History: Approved March 20, 1874, Stats. 1873-74, p. 509. Prior act 
 of April 21, 1858, Stats. 1858, p. 193, superseded by present act. 
 
 Invalid consideration. 
 
 $ 1. The purchase of, or the sale and delivery of any spirituous or malt liquors, 
 wine, or cider, by retail, or by the drink, is hereby declared to be an invalid consid- 
 eration for any promise to pay, or assumpsit of account therefor, when the amount 
 of such account or demand exceeds five dollars. 
 
 Judgment. 
 
 § 2. No court shall, in any action at law, render judgment for a greater amount 
 than five dollars, for the sale at retail, or by the drink, of any spirituous or malt 
 liquors, wine, or cider, together with costs. 
 
 $ 3. Nothing in this act shall be construed to affect in any manner debts contracte<J 
 prior to its passage. 
 
 1. Construed and applied — Sales "by the act Is not to be construed as It would be In 
 drink" — "Sales by retail." — The act is not reference to sales of merchandise, but as it 
 to be construed as making sales "by the would in § 3381, Political Code, regulating 
 drink" synonymous with or explanatory of "retail liquor licenses," which Is In pari 
 "sale by retail," by reason of the use of the materia with this act, and shows clearly 
 disjunctive "or." — Bettencourt v. Sheehy, that the phrase sale of liquor "at retail" 
 157 Cal. 698, 109 Pac. 89. means sales "in less quantities than on« 
 
 2. Same — Same — Same. — The act, by Its quart." — Bettencourt v. Sheehy, 157 Cal. 698, 
 terms, clearly applies to both saleg "by the 109 Pac. 89. 
 
 drink" and sales "at retail." — Bettencourt v. Recovery for Intoxicating: liquors moH 
 
 Sheehy, 157 Cal. 698, 109 Pac. 89. contrary to law. — Can not be had. — lovra. — • 
 
 .3. Same — Sales In gallon and half gallon Taylor v. Pickett, 52 Iowa 467, 3 N. W. 514; 
 
 lots. — Where sales of liquor are in gallon Quigley v. Duffey, 52 Iowa 610, 3 N. W. 659; 
 
 and half gallon lots, the amount of recovery Gipps Brewing Co. v. De France, 91 Iowa 
 
 is not limited by the act. — Bettencourt v. 108, 58 N. W. 1087; Fred Miller Brewing Co. 
 
 Sheehy, 157 Cal. 698. 109 Pac. 89. v. Stevens, 102 Iowa 60, 71 N. W. 186. Mich. 
 
 4. AVords and phrases — "Retail" — Statute — Loranger v. Jardine, 56 Mich. 518, 23 N. W. 
 
 in pari materia. — The word "retail" in this 203. Slinn. — Theo. Hantm Brewing Co. v
 
 Act* 2214, 2224, §§ 1, 2 GENERAL L,AWS. 1184 
 
 Young, 76 Minn. 246, 79 N. W. Ill, 396. Neb. Same — Sold tor nse or Bale In a brothel.— 
 
 — Tredway v. Riley, 32 Neb. 495, 49 N. W. See 9 L. R. A. 506 and note by Robert Desty. 
 268; Storz v. Finklestein, 46 Neb. 577, 65 Same — Shipped into prohibition district 
 
 N. W. 195. In violation of local laws. — See lovra. — Wind 
 
 Compare: Wagner v. Breed, 29 Neb. 720, v. Her. 93 Iowa 316, 61 N. W. 1001. Mich. — 
 
 46 N. W. 286. Gambs v. Sutlierland's Estate, 101 Mich. 
 
 As to recovery for intoxicating liquors. 355, 59 N. W. 652. Fed. — Kolin V. Melscher, 
 
 destroyed as a nuisance, see 36 L. R. A. 554. 43 Fed. 641, 10 L. R. A. 439. 
 
 SALE TO PERSON INORDINATELY ADDICTED TO USE. 
 ACT 2214 — An act to prevent the sale of intoxicating liquors to persons addicted to the 
 inordinate use thereof. 
 
 History: Approved March 19, 1889, Stats. 1889, p. 352; amended 
 April 10, 1915. In effect August 8, 1915, Stats. 1915, p. 49. 
 
 Penalty for furnishing liquors to person inordinately addicted to use thereof. 
 
 § 1. Any person who, after receiving notice that a person named in said notice 
 is addicted to the inordinate use of intoxicating liquors, should the person named 
 ui said notice be so addicted, shall thereafter within a period of twelve months furnish 
 o said person so addicted to the inordinate use of intoxicating liquors, any spirituous 
 liquors, wines, or intoxicating or malt liquors, shall be guilty of a misdemeanor and 
 [)unishable by imprisonment in the county jail not exceeding six months, or by fine 
 not exceeding two hundred dollars, or by both such fine or imprisonment. Said 
 notice shall be in writing and may be given by any adult member of the family of 
 said person so addicted to the inordinate use of intoxicating liquors, or by any 
 adult relative of said person so addicted to the inordinate use of said intoxicating 
 liquors, or by any peace officer or district attorney. [Amendment of April 10, 1915. 
 In effect August 8, 1915. Stats. 1915, p. 49.] 
 
 Not to apply to physicians, 
 
 § 2. The provisions of this act shall not prohibit any regularly licensed physician 
 from furnishing or prescribing said liquors in case of sickness. 
 
 Act takes effect when. 
 
 ^ 3. This act shall take effect from and after its passage. 
 
 SALE NEAR CONSTRUCTION CAMP. 
 ACT 2224 — An act to prohibit the sale of intoxicating liquors within a certain distance 
 of any camp or assembly of men, numbering twenty-five or more, engaged upon the 
 construction, repair or operation of any public work, improvement, or utility. 
 History: Approved March 25, 1909, Stats. 1909, p. 722. 
 Sale of liquors near construction camps. 
 
 § 1. It shall be unlawful for any person to sell, keep for sale, or give away, any 
 spirituous, vinous, malt or mixed intoxicating liquors at any place situated more than 
 one mile outside the limits of an incorporated city or town, and within four miles of 
 any camp or assembly of men, numbering twenty-five or more, engaged upon, or in con- 
 nection with, the construction, repair or operation of any public or quasi-public work, 
 improvement or utility; provided, however, that nothing in this section contained shall 
 be deemed to apply to the sale, keeping for sale, or disposal of any such liquor at a 
 licensed saloon or liquor-store which shall have been established, or at a licensed saloon 
 or liquor-store which shall be maintained, at the time this act takes effect, upon the 
 same premises where a licensed saloon or liquor-store shall have been established, at 
 least six months prior to the establishment of such camp or assembly of men, or to the 
 sale, keeping for sale, or disposal of any such liquors at any winery, licensed brewery 
 or distillery, where the same is manufactured. 
 
 Misdemeanor. 
 
 § 2. Any person violating any of the provisions of this statute shall be guilty of a 
 misdemeanor, and, for each offense, shall be punished by a fine tiot exceeding five !mn-
 
 11S5 INTOXICATIXG LIQUORS. Acts 2224a, 2228 
 
 dred dollars, or by imprisonment in the county jail not exceeding six months, or bj 
 both such fine and imprisonment. 
 
 Act takes effect when. 
 
 $ 3. This act shall take effect immediately. 
 
 1. Constltatlonal law. — Act held consti- one. — Ex parte King, 157 Cal. 161, 106 Pa 
 tutional. — Ex parte King-, 157 Cal. 161, 106 578. Also, Ex parte Young-, 154 Cal. 317, i,l 
 Pac. 579. Also Ex parte Young-, 154 Cal. L. R. A. (N. S.) 330, 97 Pac. 822. 
 
 317, 22 L. R. A. (N. S.) 330, 97 Pac. 822. 4. Same — License. — The act is valid anc 
 
 2. Same — Classification — Permanent and the board of supervisors have no power to 
 Itinerant saloon. — Tlie criterion adopted by license a saloon in violation of its pro- 
 the legislature of a six months' existence to visions. — Great Western Po-wer Co. v. Super- 
 entitle a saloon to the character of per- visors, 21 Cal. App. 146, 131 Pac. 88. 
 manency -was reasonable. — Ex parte King, 5. Same — Uniform operation of act. — The 
 157 Cal. 161, 106 Pac. 578. Also, Ex parte proviso of section 1 of the act exempting 
 Young, 154 Cal. 317, 22 L. R. A. (N. S.) 330, from its operation certain business estab- 
 97 Pac. 822. lished six months prior to establishment of 
 
 3. Same — Same — Same — The design of camp, does not affect the uniform operation 
 the legislature was to protect the public of the act, or render it violative of sec- 
 work and the men engaged therein from tion 11, article 1 of the constitution. — 
 itinerant saloon, and the classification Ex parte King, 157 Cal. 161, 106 Pac. 578. 
 adopted by which the act was made appli- Also, . Ex parte Young, 154 Cal. 317, 22 
 cable only to that class was a reasonable L. R. A. (N. S.) 330, 97 Pac. 822. 
 
 PUBLIC SCHOOLHOUSE ACT. 
 
 ACT 2224a — An act prohibiting the sale, gift or delivery of intoxicating liquor at public 
 
 schoolhouses, and prescribing penalties for the violation of any provision hereof. 
 
 History: Approved April 1, 1915. In effect August 8. 1915. Stats. 
 1915, p. 20. 
 
 Sale of liquors at public schools prohibited. 
 
 $ 1. Any person, firm, association or corporation that sells, gives or delivers to any 
 person any intoxicating liquor at any public schoolhouse or upon any portion of the 
 grounds thereof, is guilty of a misdemeanor and shall be punished by a fine not to 
 exceed five hundred dollars or by imprisonment in a county jail not to exceed six months, 
 or by both such fine and imprisonment. 
 
 Penalty. 
 
 ^ 2. Any person, firm, association or corporation convicted of the violation of any 
 provision of this act shall, for a period of one year from and after such conviction, be 
 barred from having or receiving any privilege accorded by that certain act entitled 
 "An act providing for the free use of all public schools and property, and to establish 
 a civic center at each and every public schoolhouse in the state of California, and to 
 provide for the maintenance, conduct and management of the same," approved June 6, 
 1913. 
 
 "WYLLIE LOCAL OPTION LAW.*' 
 
 ACT 2225 — An act to provide for the regulation of the traffic in alcoholic liquors by 
 establishing local option; authorizing the filing of petitions praying for elections to 
 vote upon the question whether the sale of alcoholic liquors shall be licensed within 
 the territory described in such petitions ; providing for the calling and holding of such 
 elections; making it the duty of the proper governing body to declare such territory 
 to be no-license territory unless a majority of votes is cast in favor of license; pro- 
 viding that no licenses, permits or other authority to sell or distribute alcoholic 
 liquors in no-license territory shall be granted; forfeiting and declaring void all such 
 licenses or permits theretofore issued and in force ; making it a penal offense to sell, 
 give away or distribute alcoholic liquors within such territory, with certain excep- 
 tions; and providing penalties for such offenses. 
 
 History: Approved April 4, 1911, Stats. 1911, p. 599. 
 Gen. Laws — 75
 
 Act 2225, §§ 1-4 GENERAL LAW S. tlM 
 
 Petition for election on local option question. 
 
 $ 1. Qualified electors of any incorporated city or town, or of that portion of any 
 supervisorial district not included within the boundaries of any incorporated city or 
 town, numbering not less than twenty-five per cent of the number of votes cast for all 
 candidates for governor in the territory described in the petition, at the last preceding 
 election for governor of the state, may petition the city council, board of trustees 
 or other legislative body of such city or town or the board of supervisors of the county 
 in which such supervisorial district is situated, to call an election to vote upon the ques- 
 tion, whether the sale of alcoholic liquors shall be licensed in such city, town, or 
 supervisorial district outside of incorporated cities and towns. 
 
 Form of petition. 
 
 § 2. Such petition shall be substantially in the following form: 
 
 To the. . . . (here insert the name of the legislative or governing body of the district: 
 city council, board of trustees, board of supervisors, or whatever it may be) .... of 
 the .... (here insert description and name of the city, town or county, as the case 
 may be) . . . . : 
 
 The undersigned, residents and qualified electors of the.... (here insert description 
 and name of the city, town, or supervisorial district outside of incorporated cities and 
 towns, as the case may be) .... respectfully petition that you cause to be submitted, 
 
 in the manner provided by law, to the voters of this (here insert "city," "town," 
 
 or "supervisorial district outside of incorporated cities and towns," as the case may 
 be) .... the proposition, "Shall the sale of alcoholic liquors be licensed in this .... 
 (here insert 'city,' 'town,' or 'supervisorial district outside of incorporated cities and 
 towns') ....?" 
 
 NameofSi^er. I ^H^n 
 
 Street. 
 
 Postoffice. 
 
 Date of 
 signing. 
 
 Precinct. 
 
 Petitioner's signature. Sworn statement. 
 
 § 3. Each petitioner shall, in addition to signing his name to such petition, write 
 opposite his name thereon his place of residence, giving street and number, if any, and 
 such signing, to be valid, must have been done not more than sixty days before the filing 
 of said petition. There shall be attached to each sheet of such petition a statement, 
 signed and sworn to by a resident of the district described in such petition, that the 
 signatures on the said sheet were made in his presence, by the persons whose names 
 purported to be signed thereto, within the time as provided in this act, and that to the 
 best of his knowledge and belief the persons whose names are signed thereto were, at 
 the time of signing the same, qualified electors in the district described in said petition. 
 No names shall be withdrawn from such petition after the same is filed. 
 
 Examination of petition. Notice to person filing. Call election. 
 
 ^ 4. Upon the filing of said petition the clerk of the body to which it is addressed 
 shall forthwith examine it, and from the great register ascertain whether or not said 
 petition is signed bj' the requisite number of qualified electors of the territory described 
 therein, and, if necessary, he shall be allowed extra help for that purpose, and within 
 ten days from the date of filing such petition he shall certify in writing the result 
 of such examination and shall file this certificate with the petition. If the clerk finds 
 the number of qualified signers to be insufficient, he shall immediately send a written 
 notice to the person who filed the petition, stating the number of qualified signers he 
 has found thereon, and that they are not sufficient; and the petition may be amended 
 within ten days from the date of such notice by the filing of a supplementary petition. 
 The clerk shall within ten days after such amendment make like examination and cer-
 
 11S7 INTOXICATING LIQUORS. Act 2225, §§ 5-9 
 
 tification of the amended petition. If it is still found insufficient he shall notify the 
 person who filed the petition of that fact, without prejudice, however, to the filing of a 
 new petition to the same effect. 
 
 If the petition shall be certified as suflScient, the legislative or governing body having 
 jurisdiction over the territory described therein shall, within the time prescribed herein, 
 call an election to be held in such territory to vote upon the question whether the sale 
 of alcoholic liquors shall be licensed therein. 
 
 Provisions governing election. 
 
 § 5. Such election shall be called and held in the manner provided by law; and all 
 the provisions of law, penal or otherwise, applicable to a general state election shall 
 apply to special elections held, under this act, in territory outside of incorporated cities 
 and towns; while all the provisions of law applicable to municipal elections shall aj^ply 
 to special elections held, under this act, in incorporated cities and towns. 
 
 Question may be submitted at general election. Special election not oftener than once 
 
 in two years. 
 
 ^ 6. If said petition shall be certified as sufficient within six months and not less 
 than forty days before the holding of the next general state or general municipal elec- 
 tion within the territory therein described, such question shall be submitted at said 
 general state or general municipal election; otherwise a special election to vote upon 
 the question shall be called to be held within not less than thirty nor more than sixty 
 days after the petition has been certified as sufficient, provided, that no election under 
 this act shall be held within two years of any previous election held under this act 
 within the same territory. 
 
 License question on ballots of general election. 
 
 § 7. If said petition is filed with the governing body of an incorporated city or town, 
 and is certified as sufficient within six months and not less than forty" days before the 
 holding of the next general state election, said body shall forthwith request the board 
 of supervisors of the county in which such city or town is located to place the license 
 question on the ballots for all voting precincts within such city or town at the next 
 general state election, in the form provided in section 8 hereof. It shall be the duty 
 of said board of supervisors to comply with such request, and immediately after can- 
 vassing the returns of such election to report the vote for and against license to the 
 governing body of such city or town, and it shall enter the same upon its minutes, mak- 
 ing record of the date of the election and of the number of votes for and against license. 
 
 Ballot. 
 
 ^ 8. The form of ballot shall bo as follows: 
 
 Shall the sale of alcoholic liquors be licensed in this 
 
 (Here insert "city," "town." or "supervisorial district outside of incorporated 
 cities and towns," as the case may be) 
 
 Yes. 
 
 No. 
 
 To vote for license electors thej' shall stamp a cross in the square opposite the word 
 "Yes" on the ballot; and to vote against license they shall stamp a cross in the square 
 opposite the word "No" thereon. 
 
 Contest of election. 
 
 $ 9. Any elector of the territory in which an election under this act is held may 
 contest such election for malconduct on the part of an election board or of any member 
 thereof or on account of illegal votes. Such contest shall be subject to all the provi- 
 sions of law relating to the contesting of elections, so far as the same mav be applic- 
 able; provided, that while said contest is pending, and until the same is decided, the 
 force and effect of said election shall be the same as if it had not been contested.
 
 Act 2225, §§ 10-lS GBIVBRAL LAWS. 1188 
 
 No-license territory. 
 
 ^ 10. Unless a majority of. the votes cast on this question at such election are in 
 favor of license, the tei'ritory described in the petition shall be no-license ten'itory on 
 and after ninety days from the date of said election; and the city council, board of 
 supervisors or other governing body having jurisdiction thereof, shall thereupon make 
 an entry on its records declaring that such described territory is no-license territory; 
 but a failure to make such entry shall not affect the result or effect of such election. 
 
 In any prosecution under this act the original record in the minutes of said governing 
 body of the number of votes cast at such election, or a copy thereof certified by the 
 clerk of said governing body, shall be prima facie evidence that the territory in which 
 such election was held is no-license territory; provided, said record shows that at said 
 election there was not a majority vote in favor of license. 
 
 Election necessary to change to license territory. 
 
 $ 11. When any city, to^nn, or supervisorial district outside of incorporated cities 
 and towns, becomes no-license territory it shall remain such until at a subsequent elec- 
 tion, called, as herein provided, to vote on the question of whether the sale of alcoholic 
 liquors shall be licensed therein, a majority of the votes cast on that question are in 
 favor of license. It shall thereupon cease to be no-license territory within the meaning 
 of this act. 
 
 Licenses in such territory 'become void. 
 
 ^ 12. No license, permit or other authority to sell or distribute alcoholic liquors in 
 no-license territory shall be issued except to registered pharmacists and to manufac- 
 turers of such liquors, and all such existing licenses or permits, except those of regis- 
 tered pharmacists and manufacturers, shall immediately become void when the terri- 
 tory becomes no-license territory; but all holders of such licenses, permits or other 
 authority shall, upon a surrender thereof, be entitled to a rebate of the proportion of 
 license fee paid therefor for the unexpired term for which the same was granted. 
 
 Unlawful to sell liquor. 
 
 $ 13. It shall be unlawful for any person, corporation, firm, company, association or 
 club, as principal, agent, employee or otherwise, within the boundaries of any no-license 
 territory to sell, furnish, distribute or give away any alcoholic liquors except as pro- 
 ^'ided in section 16 hereof. 
 
 Unlawful to conduct place where liquor is sold. 
 
 6 14. It shall be unlawful for any person, corporation, firm, company, association or 
 club, within any no-license territory to keep, conduct or establish, as principal or 
 agent, any place where alcoholic liquors are sold, served or distributed, or are kept for 
 the purpose of sale or distribution, except as provided in section 16 hereof; and every 
 day that such place shall be kept, established or conducted shall constitute a separate 
 offeny. 
 
 Unlawful to solicit orders for liquor. 
 
 $ 15. It shall be unlawful for any person, corporation, firm, company, association 
 or club, within any no-license territory, to solicit orders, take orders or make agree- 
 ments for the sale or delivery of alcoholic liquors; provided, that this shall not apply 
 to the taking of such orders from a registered pharmacist at his place of business, 
 or to the taking of orders for alcoholic liquors on the premises where stored or manu- 
 factured, under the conditions stated in section 16 hereof.
 
 11S9 INTOXICATING LIQUORS. Act 2225, §§ 16-17 
 
 What acts not unlawful. 
 
 ^ 16. Nothing in this act shall be interpreted as rendering it unlawful to keep 
 alcoholic liquors for distribution, or to sell or distribute such liquors, in no-license 
 territory in the manner and for the purposes in this section provided: 
 
 First — The serving of such liquors by any person at his own home to members of 
 his family or to his guests, as an act of hospitality, when no money or thing of value 
 is received in return therefor, and when said home is not a place of public resort; 
 
 Second — The serving or dispensing of such liquors by any registered pharmacist for 
 bona fide medicinal purposes only, upon a prescription issued, signed and dated by 
 a duly licensed physician; provided, that the name of the person applying for the 
 prescription and the name of the person for whose use the prescription is made shall 
 be inserted therein by the physician issuing the same at the time the prescription 
 is made or given, and that not more than one sale or furnishing is made upon such 
 prescription, and that all such prescriptions are kept on file at the place of business 
 of such pharmacist, open to public inspection; provided, further, that no such liquors 
 so dispensed shall be drunk upon the premises where dispensed; 
 
 Third — The selling of alcohol by a registered pharmacist for other than beverage 
 purposes; provided, that such pharmacist shall keep a record of such sales in which 
 shall be entered the date of the sale, the quantity sold, the purpose for which pur 
 chased, and the signature of the person purchasing the same; such record to be open 
 to public inspection; 
 
 Fourth — The selling of wine by a regularly licensed pharmacist for sacramental 
 purposes only; provided, such wine is sold only to a regularly ordained minister of 
 some religious denomination, or upon the written order of the local official board or 
 governing body of a religious organization; provided, further, that such jiharmacist 
 shall keep a record of such sales in which shall be entered the date of the sale, the 
 quantity sold, and the signature of the person purchasing the same; such record to 
 be open to public inspection; 
 
 Fifth — The distributing of wine at the sacramental service of any religious organ- 
 ization; 
 
 Sixth — The keeping of alcoholic liquors at cellars, vaults or warehouses, receiving 
 orders at such cellars, vaults or warehouses for said liquors, and the shipping of the 
 same therefrom; provided, said liquors are not distributed or delivered to any person 
 or place in no-license territory within the county in which such cellars, vaults or 
 warehouses are located, except when delivered to a common carrier for shipment to 
 a place outside of said no-license territory; 
 
 Seventh — The keeping of alcoholic liquors on the premises where manufactured, 
 receiving orders at said premises for such liquors, and the shipping of the same from 
 such premises; provided, said liquors are not distributed or delivered in no-license 
 territory within the county in which such premises are located in quantities of less 
 than two gallons, and are not delivered to any person or place in such territory within 
 said county except as follows: (a) to a common carrier for shipment to a place outside 
 of said no-license territory; (b) to other manufacturers of alcoholic liquors at the 
 premises where they manufacture such liquors; (c) to cellars, vaults or warehouses 
 where such liquors are stored or distributed as provided in the sixth paragraph of 
 this section (d) to any person at his or her permanent residence; (e) to registered 
 pharmacists at their place of business. 
 
 Physician may not prescribe for person not in actual need. 
 
 ^ 17. No physician shall give to, or write for, any well person, or person not in 
 actual need of said liquor as a medicine, any prescription for alcoholic liquors, either 
 separately or compounded with other ingredients; and any physician who shall assist
 
 Act 2225, §§ 18-22 GENERAL. LAW^S. tlM 
 
 in violating or evading any of the provisions of this act shall be guilty of a misde- 
 meanor, and upon conviction thereof, shall be liable to the penalty provided in section 
 19 hereof. 
 
 Pharmacists to file monthly statements of liquors sold, etc. 
 
 $18. On or before the tenth day of each month every pharmacist in no-license 
 territory who keeps or dispenses alcoholic liquors, shall file with the county clerk of 
 the county, wherein his place of business is located, a sworn statement of the kind 
 and quantity of such liquors he has received during the previous month, showing the 
 date or dates on which it was received and from whom purchased; also a sworn 
 statement of the liquors he has sold or dispensed during said previous month, showing 
 the kind and quantity of liquors in each sale, the date, name of the purchaser, and, 
 in case it was dispensed on a prescription, the name of the physician who issued the 
 prescription. These statements shall be kept on file by the county clerk for at least 
 two years, open to public inspection. Any pharmacist in no-license territory failing 
 to file statements as herein provided, or filing false statements, shall be guilty of 
 a misdemeanor, and upon conviction thereof shall be liable to the penalty provided in 
 section 19 hereof. 
 
 Penalty for violation. 
 
 $ 19. Any person violating any of the provisions of this act shall be deemed guilty 
 of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding 
 six hundred dollars, or by imprisonment in the county jail not exceeding seven months, 
 or by both such fine and imprisonment; but any person found guilty of violating any 
 of the provisions of this act, by conviction for an offense committed after a previous 
 conviction under this act, shall be punished by a fine not exceeding six hundred dollars 
 nor less than one hundred dollars, and by imprisonment in the county jail not exceed- 
 ing seven months, nor less than one month. 
 
 Places where liquor is sold in no-license territory declared nuisance. Right of search. 
 
 § 20. All places where alcoholic liquors are sold or distributed, or are kept for sale 
 or distribution, in violation of any of the provisions of this act, are hereby declared 
 to be common nuisances, and shall be abated as such, and it shall be the duty of the 
 district attorney to take action to abate such nuisances. It shall be the duty of the 
 sheriff and any other peace officer having jurisdiction within any no-license territory 
 to put persons suspected of violating any of the provisions of this act under police 
 surveillance, and to use all legal means in detecting and convicting persons violating 
 any of the provisions of this act. The right of search as given in chapter III of 
 part II of title XII, of the Penal Code of the state of California, is hereby made 
 applicable to all places where there is reasonable cause to believe any provision of 
 this act is being violated. And all liquors taken from places operated or conducted 
 in violation of the provisions of this act shall, upon conviction of such person or 
 persons from whom such liquor has been taken, be destroyed upon order of the court 
 in which such conviction has been had. 
 
 "Alcoholic liquors" defined. 
 
 $21. The term "alcoholic liquors," as used in this act, shall include spirituous, 
 vinous and malt liquors, and any other liquor or mixture or liquors which contains 
 one per cent, by volume, or more, of alcohol, and which is not so mixed with other 
 drugs as to prevent its use as a beverage. 
 
 Police powers not limited. 
 
 $ 22. Nothing in this act shall be construed as putting any limitations, except such 
 as are positively stated herein, upon the police powers now possessed by cities, towns 
 and counties. 
 
 I
 
 1191 
 
 INTOXICATING LIQUORS. 
 
 Act 2225 
 
 I. GONSnTTTTIONALITT. 
 
 1- 3. Delegation of legislative power. 
 
 3a. Same — Suspension of general laws. 
 
 3b. Encouragement of wine grape grow- 
 ing does not affect prohibition of 
 act. 
 
 4. Unreasonableness. 
 
 5. Legislative power — Supervisorial dis- 
 
 tricts local option units. 
 
 6. Expression of legislative policy — Ma- 
 
 jority for license. 
 
 7. Uniformity of operation. 
 
 8. Grant of police power to electors di- 
 
 rect — Not a delegation of legisla- 
 tive power. 
 
 9. Initiative not impaired. 
 
 10. Exercise of legislative power by in- 
 itiative. 
 11- 13. General law. 
 
 II. Construction and Application. 
 
 14. Intention of act — No intention to in- 
 
 terfere with sale of non-intoxicat- 
 ing liquors. 
 
 15. Same — Subdivisions to vote separately. 
 16, 17. Alcoholic content as test of intoxicat- 
 ing character. 
 
 18. Acts declared unlawful in section 15. 
 
 19. Distribution in no license territory. 
 
 20. Good faith of defendant not a de- 
 
 fense. 
 
 21. Sale not purchase prohibited. 
 
 22. "Furnishing" liquor — Title of 
 
 "Wyllie act" broad enough to 
 cover. 
 
 23. Use at private residence — Ultimate 
 
 destination not original sale. 
 
 24. Constitutional power of cities and 
 
 counties not limited. 
 25- 28. Conflict with county wide ordinance. 
 
 29. County ordinance not conflicting. 
 
 30. Supersedes county ordinance. 
 
 31- 33. Exercise of constitutional power by 
 
 municipality. 
 34, 35. Police power of municipality is not 
 
 suspended or impaired. 
 
 in. Procedure. 
 
 36. Petition — Clerk's certificate final. 
 
 Equity jurisdiction of superior court 
 for fraudulent acta in signatures 
 to petition. 
 
 Election — Filing clerk's certificate. 
 
 Same — County prohibiting ordinance. 
 
 Same — Mandamus to compel rescind- 
 ing of order. 
 
 Same — Premature declaration of "no 
 license" territory. 
 
 Same — Presidential primary not a 
 general election. 
 
 Election contest — Jurisdiction of su- 
 perior court. 
 
 Election establishes status. 
 
 51 
 
 52. 
 
 36a. 
 
 37. 
 
 38. 
 39. 
 
 40. 
 
 41. 
 
 42. 
 
 43. 
 rv. Effect of Adoption of "No License." 
 
 44. Power of board of supervisors. 
 
 45. Clubroom in "no license" territory. 
 
 46. ' ' No license ' ' territory — Solicitation 
 
 for household use. 
 
 47. Solicitation of orders in "no license" 
 
 territory. 
 
 48. Soliciting in "no license" territory. 
 
 49. Soliciting orders by mail — Venue. 
 
 V. 
 
 54. 
 
 55. 
 
 56. 
 
 57- 61. 
 
 62. 
 
 63. 
 
 64, 
 65. 
 
 50, Soliciting orders in "no license" ter- 
 ritory for delivery outside. 
 
 Purchase outside, and bringing into 
 "no license" territory, not pro- 
 hibited. 
 
 Delivery in "no license" territory. 
 
 Trial. Pleading, Practice. 
 53. Continuance — Testimony of absent 
 witness. 
 
 Complaint — Statement negativing ex- 
 cepted classes not essential. 
 
 Information — Allegation of alcoholic 
 content not necessary. 
 
 Same — "Sell and furnish." 
 
 Same — Sufficiency of. 
 
 Same — Failure to designate super- 
 visorial district. 
 
 Same — Averment as to "no license" 
 character of territory necessary. 
 
 Indictment — Demurrer. 
 
 Same — Construed as charging "sale" 
 only. 
 
 VI. Evidence. 
 
 66-68. Proof of "no license" character of 
 
 territory essential. 
 69, 70. Same — Prior sales. 
 
 71. Same — Character of liquor. 
 
 72. Same — Federal liquor license. 
 
 73. Same — Eecord of proceedings form- 
 
 ing ' ' no license ' ' territory, 
 
 74. Same — Testimony of county clerk. 
 
 75. Same — Intent is immaterial, 
 
 76. Expert evidence as to character of 
 
 liquor. 
 
 77. Judicial notice as to intoxicating 
 
 character of wine. 
 
 78. Sale, not mere delivery. 
 
 79- 82. Sufficiency of evidence to sustain con- 
 viction. 
 
 VII. Instructions. 
 
 83. Implied intent. 
 
 84. Possession of federal liquor license. 
 85, 86. Alcoholic content of liquor. 
 87,88. Good faith of defendant. 
 
 88a. Giving away liquors. 
 
 89. Non-prejudicial error. 
 
 VIII. Judgment. 
 
 90. Fine and imprisonment. 
 
 IX. Words and Phrases. 
 
 91. Definition of "alcoholic" — Rule of 
 
 ejusdem generis. 
 
 92. "Solicit," 
 
 93. "Year." 
 
 I. CONSTITUTIONALITY. 
 
 1. Delegation of legislative poTver. — The 
 
 Wyllle act is not unconstitutional as calling: 
 for the exercise of legislative functions by 
 the voters of the districts, but such voters 
 merely fix their administrative status. — 
 Matter of Ellsworth, 165 Cal. 677, 684, 133 
 Pac. 272. 
 
 2. The electors exercise no legislative 
 function under the Wyilie act, but merely 
 determine whether they will avail them- 
 selves of the prohibitions of the act. — Mat- 
 ter of Ellsworth, 165 Cal. 677, 684, 138 Pac. 
 272. 
 
 3. The power to malce laws conferred by
 
 ift 2225 
 
 ge)ne:rai. laws. 
 
 1102 
 
 the constitution on the leg:lplfiture can not 
 be delegated by the legislature to the peo- 
 ple of the state or to any portion of the 
 people, but this does not apply to a statute 
 which is made to depend upon the happen- 
 ing of a subsequent event as, for example, 
 in the case of the local option law, upon 
 the vote of the people specially interested. 
 —Ex parte Beck, 162 Cal. 701. 704, 124 Pac. 
 543. 
 
 3a- Snme — SunpenHion of general la^VB. — 
 The local option act itself, and not the vote 
 of the people, has the effect of suspending 
 such general laws as the municipal cor- 
 poration act, and county government act, as 
 to the licensing and regulating of the sale 
 of alcoholic liquors. — Ex parte Beck, 162 
 Cal. 701, 711. 124 Pac. 543. 
 
 3b. KnffoiirnKeinent of Tvlne grrape Rrofv- 
 ints. does not affect prohibition of act. — 
 Notwithstanding the legislative policy of 
 the state of California to foster and encour- 
 age the growing of wine grapes and manu- 
 facture of wines therefrom, the board of 
 supervisors of any county, in the exercise 
 of its police power, may impose upon the 
 sale within the county of vinous or other 
 alcoholic liquors, any restrictions which are 
 not in conflict with general laws; or it may 
 prohibit such sale altogether. — In re 
 Coombs, 169 Cal. 484, 490. 
 
 4. Unreasonableness. — The local option 
 law is not invalid either on the ground of 
 unreasonableness or that It involves the 
 delegation of its power by the legislature. — 
 Ex parte Beck, 162 Cal. 701, 708, 124 Pac. 
 543; In re Anixter, 22 Cal. App. 117, 134 
 Pac. 193. 
 
 5. Legrlslative power — Supervisorial dis- 
 tricts, local option units. — The legislature 
 was authorized to declare a supervisorial 
 district a local option district notwithstand- 
 ing the fact that it is not a political sub- 
 division of the state. — Ex parte Beck, 162 
 Cal. 701, 710, 124 Pac. 543. 
 
 C. Kxpression of lef^lslative policy — Ma- 
 jority for license. — It is no legal objection 
 to the validity of the act that a majority 
 of the votes cast must be in favor of the 
 trafl^c in order to authorize it, the adoption 
 of the majority vote being purely an ex- 
 pression of legislative policy. — Ex parte 
 Beck, 162 Cal. 701, 712. 124 Pac. 543. 
 
 7. Uniformity of operation. — The act is 
 uniform in operation although the traffic In 
 Intoxicating liquors may be allowed in 
 some districts and prohibited In others, as 
 the electors may Indicate their desire. — Ex 
 parte Beck, 162 Cal. 701, 712, 124 Pac. 543. 
 
 8. Grant of police power to electors di- 
 rect—Not a delegation of legislative power. 
 — The "Wyllie act" grants to the electors 
 themselves the power which Is granted to 
 counties, cities, towns and townships by sec- 
 tion 11, article XI, of the constitution, to 
 deal with the same or similar questions, 
 through their governing bodies, and is not 
 a delegation of legislative power. — In re 
 Anixter, 22 Cal. App. 117, 134 Pac. 193. 
 
 9. Initiative not impaired. — The right to 
 Ifgislate by Initiative Is not impaired by 
 the circumstance that the voting body in- 
 
 cludes some electors re.clding in territory 
 that will not be affected by the enactment. 
 — Crippen v. Farrier, 166 Cal. 69, 71, 134 
 Pac. 1139. 
 
 10. Exercise of police power by Initiative. 
 — ^The police power over the sale of intoxi- 
 cating liquors may be exercised as well by 
 the Initiative as by the legislative bodies. — 
 Crippen v. Farrier, 166 Cal. 69, 71, 134 Pac. 
 1139. 
 
 11. General law. — The "Wyllie act" is a 
 general law within the meaning of section 
 11, article XI, of the constitution. — In re 
 Zany, 20 Cal. App. 360, 129 Pac. 295. 
 
 12. The "AVylllc act" is a general law in 
 the truest sense. — In re Anixter, 22 Cal. App. 
 117, 134 Pac. 193. 
 
 13. The local option act is a general law, 
 and is no less a general law on the ground, 
 if true, that it does not operate in cities 
 having freeholder charters. — Ex parte Beck, 
 162 Cal. 701. 711, 124 Pac. 543. 
 
 II. CONSTRUCTION AND APPLICATION. 
 
 14. Intention of act— No intention to in- 
 terfere with sale of non-intoxicatins; 
 liquors. — The legislature did not intend, in 
 the passage of the "Wyllie act" to make it 
 unlawful to sell non-intoxicating liquors, 
 nor to contraband the traffic in spirituous 
 vinous or malt liquors possessing no in- 
 toxicating quality. — People v. Strickler, 25 
 Cal. App. 60, 142 Pac. 1121. 
 
 1.%. Subdivisions to vote separately. — The 
 "Wyllie act" intended to permit the vari- 
 ous subdivisions of a county to vote sepa- 
 rately on the subject of the liquor traffic, 
 unaffected by the vote of other subdivisions. 
 — In re Zany. 20 Cal. App. 360, 129 Pac. 295. 
 
 1f>. Alcoholic content as test of Intoxi- 
 cating character. — Alcoholic content of beer 
 as establishing its character as an intoxi- 
 cating liquor. — Jacob Hoffman Brewing Co. 
 V. McElligott, 259 Fed. 321. 
 
 17. Alcoholic content as test of Intoxi- 
 cating character. — Jacob Ruppert v. Caffey, 
 251 U. S. 264, 64 L. ed. — , 40 Sup. Ct. 138. 
 
 18. Acts declared unlawful in section 15. 
 — Three acts are declared unlawful in sec- 
 tion 15 of the local option law of 1911, i. e., 
 soliciting orders, taking orders, and making 
 agreements for the sale or delivery of al- 
 coholic liquors, and the words "for sale or 
 delivery qualify all these acts." — People v. 
 Winkler, 174 Cal. 133, 134, 162 Pac. 109. 
 
 10. Distribution in "no license" territory. 
 — One who, by any means or method, or 
 In any manner, gives, furnishes or distrib- 
 utes Intoxicating liquors in "no license" ter- 
 ritory to other persons, is guilty of a vio- 
 lation of the "Wyllie act." — People v. Bliss 
 (Cal. App.), 182 Pac. 63. 
 
 20. Good faith of defendant' not a de- 
 fense. — It is no defense to a prosecution 
 under the "Wyllie act" for selling alcoholic 
 liquor in "no license" territory that defen- 
 dant believed in good faith that the liquor 
 contained less than one per cent alcoliul by 
 volume. — People v. Bickerstaff (Cal. App.), 
 190 Pac. 656. 
 
 21. Sale, not purchase, prohibited. — The 
 local option act does not prohibit the pur- 
 
 1
 
 1193 
 
 INTOXICATING LIQUORS. 
 
 Act 2225 
 
 chase of alcoholic liquors, but only the sale. 
 —People V. Winkler. 174 Cal. 133, 136, 162 
 Pac. 109. 
 
 22. "Pnmlshmg" liqaor — Title of "Wyllie 
 act" 1b broad enougrh to cover the act of 
 "furnishing" liquor within no license terri- 
 tory. — People V. Joy, 30 Cal. App. 36, 157 
 Pac. 507. 
 
 23. Use In private residence — Ultimate 
 destination, not original sale. — Under para- 
 graph 7 of section 13 of the "Wyllie act," the 
 provision as to the use of liquor at a private 
 residence refers to its ultimate destination 
 and not to its original sale. — Dini v. Byrnes, 
 35 Cal. App. 112, 169 Pac. 411; People v. 
 Allen, 37 Cal. App. 180, 174 Pac. 374; People 
 V. Tinney. 37 Cal. App. 811. 175 Pac. 17; Peo- 
 ple V. Epperson, 38 Cal. App. 486, 176 Pac. 
 702. 
 
 24. Constitutional potrer of cities and 
 counties not limited. — The police power of a 
 city or county, and the authority thereunder 
 to restrict or prohibit the sale of liquor are 
 not limited by the fact that at a prior elec- 
 tion held within two years under the Jocal 
 option law. a majority of the electors of the 
 city or of one or more supervisorial districts 
 of the county, may have voted in favor of 
 license. — Crippen v. Farrier, 166 Cal. 69, 71, 
 134 Pac. 1139. 
 
 25. Conflict ^vith county Avide ordinance. 
 — Where under the "Wyllie act," some dis- 
 tricts in a county had voted "wet" and others 
 had voted "dry," a county wide ordinance 
 adopted by a county wide vote providing for 
 a county wide regulation of the liquor traf- 
 fic must necessarily conflict with the 
 "Wyllie act." — In re Zany. 20 Cal. App. 360, 
 129 Pac. 295. 
 
 26. County ordinance conflicting with the 
 "Wyllie act" is unconstitutional under sec- 
 tion 11, article XI, of tlie constitution, which 
 provides the counties may make and en- 
 force local police regulations not in conflict 
 with general law. — In re Zany, 20 Cal. App. 
 360, 129 Pac. 295. 
 
 27. A county ordinance which prescribes 
 a maximum penalty of a fine of six hundred 
 dollars and seven months' imprisonment is 
 not in conflict with the local option act. — 
 In re Isch, 174 Cal. 180, 184, 162 Pac. 1026; 
 In re Waite, 174 Cal. 813. 162 Pac. 1028. 
 
 2S. A county ordinance regulating the 
 sale of alcoholic liquors in the county is 
 not invalid because it may provide a differ- 
 ent scheme for local option from that pro- 
 vided by the "Wyllie act," in view of the 
 fact that that act only limits the powers of 
 boards of supervisors in territory voted 
 "dry," and the powers of the supervisors In 
 other parts of the county is undiminished. — 
 In re Coombs, 169 Cal. 484, 491, 147 Pac. 131. 
 
 29. County ordinance not conflicting. — 
 An ordinance of the town of Winters mak- 
 ing it unlawful "to solicit orders, take or- 
 ders, or make agreements for the sale or 
 delivery of any intoxicating liquors," within 
 that town, is not in conflict with the "Wylli* 
 act." — Application of Anixter, 166 Cal. 762, 
 763, 1.38 Pac. 353. 
 
 30. The act supersedes a county ordi- 
 
 nance prohibiting the sale of liquor. — In 
 re Lieritz, 166 Cal. 298, 299, 135 Pac. 1129. 
 
 31. Exercise of constitutional power by 
 municipality. — Where the "Wyllie act" has 
 not been invoked and adopted by a town, 
 that town may, under the direct grant of 
 section 11, article XI, of the constitution, 
 forbid the solicitation of orders for intoxi- 
 cating liquors within its limits. — In re 
 Anixter, 22 Cal. App. 117, 134 Pac. 193. 
 
 32. The "Wyllie act" was not designed 
 by the legislature to have the effect of in- 
 terfering with the constitutional right of 
 local communities, through their duly con- 
 stituted authorities to handle for them- 
 selves the retail liquor business, except in 
 those cases where such communities adopt 
 the provisions of said law for their guid- 
 ance upon that question. — In re Anixter, 22 
 Cal. App. 117, 134 Pac. 193. 
 
 33. Construction of section 22 of the 
 "Wyllie act." — Section 22, providing that 
 "nothing in this act shall be construed as 
 putting any limitation, except such as are 
 positively stated herein upon the police 
 powers of cities, towns and counties," must 
 be construed so as not putting any limita- 
 tion upon such police powers, except in the 
 matter as to whether "the sale of alcoholic 
 liquors shall be licensed" in any particular 
 subdivision contemplated by the act. — In re 
 Zany, 20 Cal. App. 360, 129 Pac. 295. 
 
 34. Police power of municipality is not 
 suspended or impaired. — A vote for license 
 under the "Wyllie act" does not impair the 
 police power of the board of trustees of a 
 municipality to regulate or prohibit the 
 sale of alcoholic liquors, and since the board 
 has the power the electors have the same 
 power under the initiative and referendum 
 act and under the constitution to do the 
 same thing. — Giddings v. Board of Trus- 
 tees, 165 Cal. 695, 698, 133 Pac. 479. 
 
 35. There is in the act no forbidden sus- 
 pension of the police power granted by the 
 constitution to counties, cities and towns. — 
 Ex parte Beck, 162 Cal. 701, 713, 124 Pac. 
 543. 
 
 III. PROCEDURE. 
 
 36. Petition — Clerk's certificate final. — 
 
 As to all matters pertaining to or within 
 the proper scope of his duty under the act 
 in the examination of the petition under the 
 "Wyllie act," the decision of the clerk is 
 final. — City of Watts v. Superior Court, 36 
 Cal. App. 692, 173 Pac. 183; People v. Bliss 
 (Cal. App.). 182 Pac. 63. 
 
 36a. Equity jurisdiction of superior 
 court for fraudulent acts in signatures to 
 petition. — The superior court in the exer- 
 cise of its equity jurisdiction may enjoin 
 an election under the "Wyllie act," where it 
 appears that there were fraudulent acts 
 committed in affixing names to the petition 
 the elimination of which would reduce the 
 signatures thereto below the required num- 
 ber. — City of Watts v. Superior Court, 36 
 Cal. App. 692. 173 Pac. 183; People v. Bliss 
 (Cal. App.), 182 Pac. 63. 
 
 37. Election — Filing clerk's certificate 
 referred to in section 4 .of the "Wyllie act"
 
 Act 2225 
 
 GENERAL. LAWS. 
 
 1194 
 
 within the time prescribed In the act is es- 
 sential, and In the absence of such filing, 
 no duty is incumbent on the board of trus- 
 tees, to call an election under the act. — 
 Mills V. Board of Trustees, 35 Cal. App. 424, 
 169 Pac. 1052; People v. Pera, 36 Cal. App. 
 292, -171 Pac. 1091; City of Watts v. Supe- 
 rior Court, 36 Cal. App. 692. 173 Pac. 183. 
 
 3.S. Sanip. — The exlntence of a county 
 prohibitory ordinance is no bar to the hold- 
 ing: an election under the "Wyllie act." — 
 Application of Lleritz, 166 Cal. 298, 300, 135 
 Pac. 1129. 
 
 39. Same. — Mandamna will lie to compel 
 a board of supervisors to rescind an order 
 calling- an election, in connection with a 
 presidential primary, under the "Wyllie act" 
 and to call a special election under that 
 act. — Bipelow v. Board of Supervisors, 18 
 Cal. App. 715. 124 Pac. 554. 
 
 40. Same — rreninture declaration of "no 
 lloense" territory. — An election under the 
 Wyllie law is not void because the super- 
 visors announced the result of the election 
 and declared a district "no license territory" 
 without waiting ninety days. — Application 
 of Lleritz, 166 Cal. 298, 301, 135 Pac. 1129. 
 
 41. Same — Primary election to choose 
 nominees for president is not a general elec- 
 tion within the meaning of the "Wyllie 
 act." — Bigelow v. Board of Supervisors, 18 
 Cal. App. 715. 124 Pac. 554. 
 
 42. Election contcdt— Jurliidlction of an- 
 perior court. — An election contest in an 
 election under the "Wyllie act" is a special 
 case within the meaning of section 5. article 
 V'l, of the constitution fixing the original 
 jurisdiction of the superior courts. — Roche 
 V. Superior Court, 30 Cal. App. 255, 157 Pac. 
 830. 
 
 43. Election eatablishea atatus. — An elec- 
 tion under the "Wyllie act" merely estab- 
 lishes a status or condition determining the 
 sentiment of the electors of the city, town 
 or district, and the law operates upon but 
 does not establish this status. — People v. 
 Mueller, 168 Cal. 521, 524, L.. R. A. 1915B, 
 788, 143 Pac. 748. 
 
 IV. EFFECT OP ADOPTION OF "NO 
 LICENSE." 
 
 44. Povrer of board of anpervlaopa. — 
 
 Where one of the territorial districts under 
 the "Wyllie act" vote no license, the sale of 
 alcoholic liquors can not be authorized even 
 by license, but where it votes for license, 
 the board of supervisors, or other legisla- 
 tive body has still the power to disregard 
 this expression and regulate or prohibit 
 such sale. — Matter of Ellsworth, 165 Cal. 
 677. 685. 133 Pac. 272. 
 
 45. Clubroom in "no llcenae" territory. — 
 Where a club in "no license" territory, buys 
 alcoholic liquor, and its officials dispense 
 the same at its room to its members, it is 
 guilty of a violation of section 14 of the 
 "Wyllie act," and is not a mere agent with- 
 in the meaning of the decision In People 
 V. Winkler, 174 Cal. 133 [162 Pac. 109]. — 
 People v. Tinney, 37 Cal. App. 811, 175 Pac. 
 17. 
 
 4C. "Xo lieenae*'. territory — Solicitation 
 
 for houMclioId nae, of orders for alcoholic 
 liquors in "no license" territory is intended 
 to be, and is, prohibited by the "Wyllie 
 act." — Golden & Co. v. Justice Court, 23 Cal. 
 App. 778, 140 Pac. 49. 
 
 47. Solicitation of order* In "no license" 
 territory. — The legislature Intended to pre- 
 vent and penalize the solicitation of orders 
 for alcoholic liquors in "no license" terri- 
 tory for delivery in that territory, however 
 the offense might be committed, whether in 
 person or by an agent or through the mail. 
 — Golden & Co. v. Justice Court, 23 Cal. App. 
 778, 140 Pac. 49. 
 
 48. Solioitine orders In "no license** ter- 
 ritory. — The gravamen of the offense is the 
 solicitation of the orders, and it is not 
 material where the sale is consummated, 
 whether in tlie territory or outside. — 
 Golden & Co. v. Justice Court, 23 Cal. App. 
 778. 140 Pac. 49. 
 
 40. SoIIcitinie: orders by mail — Venue. — 
 The offense is complete on the receipt of 
 the letter by the person to whom it is ad- 
 dressed, and the venue of the offense is, 
 therefore, in the county where it is received. 
 — Golden & Co. v. Justice Court, 23 Cal. 
 App. 778, 140 Pac. 49. 
 
 50. Soliciting orders In no license terri- 
 tory for delivery outside. — Soliciting orders 
 in "no license" territory for delivery with- 
 out Its boundaries Is not prohibited by the 
 "Wyllie act." — Golden & Co. v. Justice 
 Court, 23 Cal. App. 778, 140 Pac. 49. 
 
 51. Purchase outside, and brinsinfr into 
 no license territory, not prohil>lted. — The 
 local option law does not prohibit one from 
 purchasing alcoholic liquors outside of no 
 license territory and bringing it into such 
 territory for their own consumption, and 
 since this can be done personally it can be 
 done by an agent. — People v. Winkler, 174 
 Cal. 133. 136, 162 Pac. 109. 
 
 52. Delivery In no license territory can 
 not be made under the "Wyllie act" by 
 seller doing business in license territory, 
 notwithstanding the liquor is to be used at 
 the purchaser's residence to be served to 
 the purchaser's guests at such residence. — 
 Dini v. Byrnes. 35 Cal. App. 112. 169 Pac. 
 411; People v. Allen. 37 Cal. App. 180. 174 
 Pac. 374; People v. Tinney, 37 Cal. App. 811, 
 175 Pac. 17; People v. Epperson, 38 Cal. App. 
 486, 176 Pac. 702. 
 
 V. TRIAL. PLEADING. PRACTICE. 
 
 5.1. ConMiiunncr— Testimony of absent 
 ^itnesN. — Intent of the accused in a prose- 
 cution under the "Wyllie act" is not mate- 
 rial, and the denial of a continuance to 
 enable defendant to produce a witness 
 whose testimony goes to intent alone. Is 
 not error. — People v. Allen, 37 Cal. App. 
 180, 174 Pac. 374. 
 
 54. Complaint — Statement negrativine ex- 
 cepted classes not esHential. — In a prosecu- 
 tion under the "Wyllie act" the complaint 
 need not allege that defendant is not within 
 any of the excepted classes. — In re Lieritz, 
 166 Cal. 298, 301, 135 Pac. 1129. 
 
 65. Information — Allegation of alcoholic 
 content not necessary. — It is unnecessary in 
 a prosecution for a violation of the "Wyllie
 
 1195 
 
 INTOXICATIXG LIQUORS. 
 
 Act 2225 
 
 act" to allege in the information that the 
 wine alleged to have been sold contained 
 one per cent or more of alcohol, by volume. 
 —People V. Mueller, 168 Cal. 526, 528, 143 
 Pac. 750. 
 
 56. Same— '"Sell and furnish." — An infor- 
 mation charging that defendant did "sell 
 and furnish" alcoholic liquors in "no li- 
 cense" territory, does not charge two sepa- 
 rate offenses. — People v. Epperson, 38 Cal. 
 App. 486, 176 Pac. 702. 
 
 57. Information — Sufficiency of. — An in- 
 formation should charge that the offense 
 was committed in a certain supervisorial 
 district or unit, but it is sufficient if it 
 merely charges in the language of the 
 statute that it was committed In "no 
 license" territory. — People v. Ruiz, 39 Cal. 
 App. 593, 179 Pac. 691. 
 
 58. An information under the former 
 charging the selling, furnishing, distribut- 
 ing, and giving away of alcoholic liquors 
 in no license territory, charges a violation 
 of the Wyllie law, notwithstanding a county 
 ordinance prohibited the same acts in the 
 same territory was in effect at the time of 
 the election under the Wyllie law creating 
 the "no license territory." — In re Lieritz, 
 166 Cal. 298, 299, 135 Pac. 1129. 
 
 59. An information under the "Wyllie 
 act," charging defendant with the oifense 
 of "furnishing, distributing and giving 
 away," alcoholic liquors in no license ter- 
 ritory, is sufficient. — People v. Joy, 30 Cal. 
 App. 36, 157 Pac. 507. 
 
 60. An information charging the keeping 
 by defendant of liquor for sale containing 
 less than one per cent of alcohol, fails to 
 state a public offense under that statute. — 
 People V. Strickler, 25 Cal. App. 60, 142 Pac. 
 1121. 
 
 61. Information charging the solicitation 
 of orders in "no license" territory is suf- 
 ficient to give jurisdiction to make a pre- 
 liminary examination of the charge, not- 
 withstanding the information fails to aver 
 whether delivery of the liquor w^as to be 
 made within or without such territory. — 
 Golden & Co. v. Justice Court, 23 Cal. App. 
 778, 140 Pac. 49. 
 
 62. Same — Failure to designate super- 
 visorial district is not prejudicial wliere 
 there was no proof that tlie sale charged 
 was in wet territory. — People v. Ruiz, 39 
 Cal. App. 593, 179 Pac. 691. 
 
 63. Same — Averment as to "no license" 
 ctiaracter of territory neces.s:iry.— Informa- 
 tion charging violation of "Wyllie act" in 
 keeping and conducting a place of business 
 for the sale and distribution of intoxicating 
 liquors in "no license" territory should aver 
 that such territory is "no license" territory. 
 — People V. Cavallini, 29 Cal. App. 526, 156 
 Pac. 73. 
 
 64. Indictment ^ Demurrer. — An indict- 
 ment which charges that defendant did on 
 a certain day "take an order from, sell and 
 deliver" alcoholic liquor is not demurrable 
 on the ground that it charges more than one 
 offense, and that the several offenses are 
 not stated in separate accounts, since such 
 indiciment only cliarges a sale under section 
 
 13 of the local option act, the words "taking 
 an order from" are surplusage. — People v. 
 Winkler, 174 Cal. 133, 134, 162 Pac. 109. 
 
 65. Same — Construed as changing "sale" 
 only. — An indictment charging that de- 
 fendant did "take an order from, sell, and 
 deliver" alcoholic liquor charges only the 
 offense of selling under section 13, local 
 option act, and does not charge the taking 
 of an order for sale or delivery under sec- 
 tion 15, the words "take an order from," 
 being surplusage. — People v. Winkler, 174 
 Cal. 133, 134, 162 Pac. 109. 
 
 VI. EVIDENCE. 
 
 66. Proof of "no license" character essen- 
 tial. — In a prosecution for a violation of 
 the "Wyllie act" (1911-599) the "no license" 
 character of the territory must be proved 
 as provided by the act itself, or by other 
 sufficient evidence, and the court can not 
 take judicial notice of the result of a local 
 election to put the law in operation. — Peo- 
 ple v. Mueller, 168 Cal. 521, 523, L. R. A. 
 1915B, 788, 143 Pac. 748. 
 
 67. AVhere an information under the 
 "Wyllie act" fails to aver that at the time 
 the offense was alleged to have been com- 
 mitted, and the evidence failed to show, 
 the territory in question was "no license" 
 territory, evidence that defendant, prior to 
 such date, kept a place of public resort 
 where alcoholic liquors were sold and dis- 
 tributed was erroneously admitted. — People 
 V. Cavallini, 29 Cal. App. 526, 156 Pac. 73. 
 
 68. The provision of section 10 of the 
 "Wyllie act" that the minutes of the gov- 
 erning body showing the number of votes 
 cast at an election shall be prima facie 
 evidence that the territory in which such 
 election was held is "no license" territory, 
 providing such minutes do not show a ma- 
 jority vote in favor of license, was not in- 
 tended to permit a collateral attack on the 
 various steps of the proceedings under 
 which a "no license" territory was created. 
 — People V. Clark, 28 Cal. App. 670, 153 Pac. 
 719. 
 
 69. Same — Prior sales. — In a prosecution 
 under the "Wyllie act" evidence of sales 
 prior to that charged in the information is 
 inadmissible. — People v. Dial, 28 Cal. App. 
 704, 153 Pac. 970. 
 
 70. Evidence of prior sale is admissible, 
 in a prosecution under the "Wyllie act," to 
 show the character of the place. — People v. 
 Pera, 36 Cal. App. 292, 171 Pac. 1091. 
 
 71. Same — Character of liquor. — A wit- 
 ness in a prosecution for a violation of the 
 "Wyllie act" who testifies that he knows the 
 difference between the taste of whiskey, 
 wine, and brandy, is qualified to testify that 
 he tasted the liquor sold by defendant and 
 that it was wine. — People v. Mueller, 168 
 Cal. 526, 528, 143 Pac. 750. 
 
 72. Same — Federal liquor license. — In a 
 prosecution under the "Wyllie act" an ap- 
 plication for a federal liquor license not 
 shown to have been signed by defendant is 
 erroneously admitted — People v. Pera, 36 
 Cal. App. 292. 171 Pac. 1091. 
 
 7.1. Same — Record of proceeding's form- 
 ing- "no license" territory. — Evidence of ir-
 
 Act 22i 
 
 GKNIDRAL LAWS. 
 
 1106 
 
 regrularlty In the proceeding's culminating 
 in the formation of "no license" territory 
 under the "Wyllie act," rendering such pur- 
 ported formation Ineffectual for any pur- 
 pose, Is inadmissible in a prosecution under 
 that act for selling liquor in such "no 
 license" territory. — People v. Clark, 28 Cal. 
 App. 670, 153 Pac. 719. 
 
 74. Same. — Testimony of county clerk 
 that a place of resort kept for the pur- 
 pose of selling alcoholic liquors was out- 
 side any incorporated city or town, and 
 was within a supervisorial district that 
 had voted no license under the "Wyllie 
 act" was suflicient to show that such place 
 was in no license territory. — People v. 
 Pera, 36 Cal. App. 292, 171 Pac. 1091. 
 
 75. Same — Intent is Immaterial In a 
 prosecution for a violation of the "Wyllie 
 act," and a refusal to admit evidence which 
 goes only to the intent of the accused is 
 not error. — People v. Pera, 36 Cal. App. 
 292, 171 Pac. 1091; People v. Allen, 37 Cal. 
 App. 180, 174 Pac. 374. 
 
 76. Expert evidence as to character of 
 liquor. — The drinking of whiskey is of 
 such common accurrence that it does not 
 require an expert to pronounce upon It. — 
 People V. Allen, 37 Cal. App. 180, 174 Pac. 
 374. 
 
 77. Judicial notice as to intoxicating 
 character of >vine. — The court will take 
 judicial notice in a prosecution for a vio- 
 lation of the "Wyllie act" as to the char- 
 acter of wine, and that it is intoxicating, 
 and that it contains more than one per cent 
 of alcohol, by volume. — People v. Mueller, 
 168 Cal. 526, 528, 143 Pac. 750. 
 
 7S. Sale not mere delivery. — Evidence 
 held to sufficiently show that a transaction 
 alleged to be a violation of the "Wyllie 
 act" was a sale and not a mere delivery. — 
 People V. Frisbie, 34 Cal. App. 519, 168 Pac. 
 143; People v. Tinney, 37 Cal. App. 811, 175 
 Pac. 17. 
 
 79. Sufficiency of evidence to RU.Htnin 
 conviction. — Evidence examined and held 
 sufficient to sustain a conviction in a prose- 
 cution for a violation under the "Wyllie 
 act." — People v. Pera, 36 Cal. App. 292, 171 
 Pac. 1091. 
 
 80. Evidence examined and held suf- 
 ficient to justify conviction under the 
 "Wyllie act." — People v. Sue Chung Kee, 
 26 Cal. App. 732, 148 Pac. 529. 
 
 81. Evidence examined and held suf- 
 ficient to sustain a conviction under the 
 "Wyllie act." — People v. Coates, 32 Cal. 
 App. 533, 163 Pac. 502. 
 
 82. Evidence held suflicient to sustain 
 a conviction. — People v. Ruiz, 39 Cal. App. 
 593, 179 Pac. 691. 
 
 VII. INSTRUCTIONS. 
 S3. Implied Intent. — An Instruction In a 
 prosecution under the "Wyllie act" to the 
 effect that where the commission of the 
 unlawful act is shown the criminal intent 
 Is implied is not error. — People v. Allen, 
 37 Cal. App. 180, 174 Pac. 374, 
 
 8^1. PoK.4eMHion of federal llqaor license. 
 
 — An instruction that tlie possession of a 
 federal liquor license does not legally 
 operate to shield a defendant against a 
 violation of the "Wyllie act" Is correct as 
 an abstract principle of law. — People v. 
 Pera, 36 Cal. App. 292, 171 Pac. 1091. 
 
 85. Alcoholic content of liquor. — An In- 
 struction to the effect that the jury was 
 not required to find that the liquor in ques- 
 tion contained more than one per cent of 
 alcohol by volume, was erroneous. — People 
 v. Bickerstaff (Cal. App.), 190 Pac. 656. 
 
 86. It in error to refuse to instruct the 
 jury in effect that the term "alcoholic 
 liquor" as used in the "Wyllie act" means 
 alcoholic liquor with one per cent by vol- 
 ume of alcohol, or more. — People v. Bick- 
 erstaff (Cal. App.), 190 Pac. 656. 
 
 87. Good faith of defendant. — It was 
 not error to refuse an instruction to the 
 effect that if the jury believed that defend- 
 ant sold the liquor, believing in good faith 
 that it contained less than one per cent 
 by volume of alcohol, they should acquit 
 him. — People v. Bickerstaff (Cal. App.), 190 
 Pac. 656. 
 
 SS. Instruction, that if defendant pur- 
 chased liquor outside of no license terri- 
 tory as the agent of another, having no 
 Interest in the liquor of his own and de- 
 riving no profit from the transaction itself, 
 he was not guilty of "selling" such liquor 
 to the prosecuting witness, should have 
 been given in defendant's behalf. — People 
 v. Winkler, 174 Cal. 133, 136, 162 Pac. 109. 
 
 88a. Giving away liquors. — In a prose- 
 cution under the "Wyllie act" for giving 
 liquor to another in "no license" territory, 
 an instruction that it was not necessary to 
 warrant a conviction that the evidence 
 should show that defendant actually 
 handed the liquor to another person, but 
 it was sufficient If it appeared beyond a 
 reasonable doubt that defendant owned the 
 liquor and placed it in a public place and 
 in the immediate presence of such other 
 persons with the intention that they should 
 drink of it, correctly states the law, and 
 was pertinent to the evidence. — People v. 
 Bliss (Cal. App.), 182 Pac. 63. 
 
 80. Non-prejudicial error. — Error in in- 
 structing the jury in a prosecution under 
 the "Wyllie act" that the place where the 
 liquor was sold was "no license territory," 
 was not prejudicial where defendant him- 
 self testified that the town was dry. — Peo- 
 ple V. Mueller, 168 Cal. 526, 529, 143 Pac. 
 750. 
 
 VIII. JUDGMENT. 
 
 90. Fine and Imprisonment. — A Judg- 
 ment in a prosecution under the "Wyllie 
 act" requiring the payment of a fine of 
 $600 and imprisonment of one month, and 
 if the fine is not paid a further imprison- 
 ment of one day for each dollar of the fine 
 remaining- unpaid, is void as to the clause 
 relating to the fine, and valid as to the 
 clause relating to the imprisonment for one 
 month. — People v. Pera, 36 Cal. App. 202, 
 171 Pac. 1091.
 
 1107 INTOXICATING LIQUORS. Act 2227, §§ 1-3 
 
 91. Definition of "alcoliolic." — Rule of 
 ejasdem generis held to apply to section 
 21 of the "Wyllie act," which attempts to 
 define the term "alcoholic liquors" under 
 the act. — People v. Strickler, 25 Cal. App. 
 60, 142 Pac. 1121. 
 
 IX. WORDS AND PHRASES. 93. "Year." — The word "year" usually 
 
 means 365 days, but it Is dependent upon 
 the subject matter of the act in which it is 
 used, and in the "Wyllie act," providing 
 that no election shall be had thereunder 
 within two years after a previous election, 
 it means that if the question is submitted 
 at a special election, it can not be sub- 
 92. "Solicit." — The word "solicit" in the mitted at an election thereafter within 
 "Wyllie act" implies personal petition or two years of 365 days each, but if sub- 
 importunity addressed to a particular indi- mitted at a general election on Novem- 
 vidual whether in person or through the ber 5, 1912, it may be submitted at the gen- 
 mail, but does not imply the impersonal eral election on November 3, 1914, notwith- 
 appeal of a newspaper advertisement. — standing less than two years of 365 days 
 Golden & Co. v. Justice Court, 23 Cal. App. have intervened. — Hops v. Poe, 25 Cal. App. 
 778, 140 Pac. 49. 451, 143 Pac. 1072. 
 
 BUILDING NUISANCE ABATEMENT ACT. 
 
 ACT 2227 — An act declaring all buildings and places nuisances, wherein or upon which 
 
 any spirituous, vinous, malt or other alcoholic liquor is unlavrfully sold, served or 
 
 given away, or which are used for the purpose of unlawfully selling, serving or 
 
 giving away such liquors ; and providing for the abatement of such nuisances. 
 
 History: Approved April 28, 1915. In effect August 8, 1915. Stats. 
 1915, p. 236. 
 
 Unlawful sale of liquors, nuisance. 
 
 § 1. Every building or place used for the purpose of unlawfully selling, serving or 
 giving away any spirituous, vinous, malt or other alcoholic liquor, and every building 
 or place wherein or upon which such liquors are unlawfully sold, served or given 
 away, is a nuisance which shall be enjoined, abated and prevented as hereinafter pro- 
 vided, whether the same be a public or private nuisance. 
 
 District attorney or citizens may bring suit to abate. 
 
 § 2. Whenever there is reason to believe that such nuisance is kept, maintained 
 or exists in any county or city and county, the district attorney of said county or city 
 and county, in the name of the people of the state of California, must, or any citizen 
 of the state resident within said county or city and county, in his own name may. 
 maintain an action in equity to abate and prevent such nuisance and to perpetually 
 enjoin the person or persons conducting or maintaining the same, and the owner, lessee 
 or agent of the building, or place, in or upon which such nuisance exists, from directly 
 or indirectly maintaining or permitting such nuisance. 
 
 Abatement procedure. Writ of injunction. 
 
 $ 3. The complaint in such action must be verified unless filed by the district attor- 
 ney. Whenever the existence of such nuisance is shown in such action to the satis- 
 faction of the court or judge thereof, either by verified complaint or affidavit, and the 
 court or judge is satisfied that the owner of the property has received written notice 
 of the existence of such nuisance, signed by the complainant or the said district attor- 
 ney at least two weeks prior to the filing of the complaint, the court or judge shall 
 allow a temporary writ of injunction to abate and prevent the continuance or recur- 
 rence of such nuisance. On granting such writ the court or judge must require, except 
 when it is granted on application of the people of the state, written undertaking on the 
 part of the applicant, with sufficient securities, to the effect that he will pay to the 
 party enjoined such damages, not exceeding an amount to be specified, as such party 
 may sustain by reason of the injunction, if the court finally decides that the applicant 
 was not entitled thereto.
 
 Act 2227, eg 4-8 GENERAL. LAWS. 1188 
 
 Precedence of actions. Costs. 
 
 § 4. The action when brought shall have precedence over all other actions, except- 
 ing criminal proceedings, election contests and hearings on injunctions. If the com- 
 plaint is filed by a citizen, it shall not be dismissed by the plaintiff or for want of 
 prosecution except ujion a sworn statement made by the complainant and his attorney, 
 setting forth the reasons why the action should be dismissed, and the dismissal ordered 
 by the court. In case of failure to prosecute any such action with reasonable diligence, 
 or at the request of the plaintiff, the court, in its discretion, may substitute any such 
 citizen consenting thereto for such plaintiff. If the action is brought by a citizen and 
 the court finds there was no reasonable ground or cause for said action, the costs shall 
 be taxed against such citizen. 
 
 Plaintiff's costs, lien. 
 
 ^ 5. If the existence of the nuisance be established in an action as provided herein, 
 an order of abatement shall be entered as part of the judgment in the case, and plain- 
 tiff's costs in such action shall be a lien upon such building and place, enforceable and 
 collectible by execution issued by order of the court. 
 
 Violation of injunction, contempt. 
 
 $ 6. Any violation or disobedience of any injunction or order expressly provided 
 for by this act shall be punished as a contempt of court by fine of not less than two 
 hundred dollars nor more than one thousand dollars, or by imprisonment in the county 
 jail for not less than one month nor more than six months, or by both such fine and 
 imprisonment. 
 
 Fine, lien on tuilding. 
 
 § 7. Whenever the owner of a building or place upon which the act or acts con- 
 stituting the contempt shall have been committed, or the owner of any interest therein, 
 has been guilty of a contempt of court, and fined therefor in any proceedings under this 
 act, such fine shall be a lien upon such building and place to the extent of the interest 
 of such person therein, enforceable and collectible by execution issued by order of the 
 court. 
 
 "Person" defined. 
 
 §8. The term "person," as used in this act, shall be held to mean and include 
 individuals, corporations, associations, partnerships, trustees, lessees, agents and 
 assignees. 
 
 INVENTORY. 
 See Kerr's Cyc. Political Code, H32L 
 
 CHAPTER 168. 
 
 INVESTMENT COMPANIES. 
 References: See, generally, tit. "Corporations." 
 
 CONTENTS OF CHAPTER. 
 ACT 2235. "Blue Sky Law." 
 
 2236. "COEPORATE SeCUEITIES ACT.*»
 
 119» INVESTMENT COMPANIES. Act 2235, §§ 1-1 
 
 "BLUE SKY LAW." 
 
 ACT 2235'— An act to define investment companies, investment brokers, and agents; to 
 
 provide for the regulation, supervision and licensing thereof; to provide penalties 
 
 for the violation thereof; to create the ofl&ce of commissioner of corporations* and 
 
 making an appropriation therefor. 
 
 History: Approved May 28, 1913. In effect November 1, 1913. 
 Stats. 1913, p. 715. Amended June 3, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1135. 
 
 Title of act. 
 
 $L This act shall be known as the "investment companies act." 
 
 Definitions : ' ' investment company. ' ' 
 
 §2. (a) The term "investment company," when used in this act, includes every 
 private corporation, association, copartnership and company, which shall within this 
 state, sell, offer for sale, negotiate for the sale of or take subscriptions for any stock, 
 stock certificate, bond or other evidence of indebtedness of any kind or character, 
 issued or to be issued by itself, other than promissory notes not offered to the public 
 by the maker thereof. 
 
 "Security." 
 
 (b) The term "security," when used in this act, includes the stock, stock certificates, 
 bonds, and other evidences of indebtedness, other than promissory notes not offered 
 to the public by the maker thereof, of an investment company, 
 
 ' ' Investment broker, " " contractor. ' ' 
 
 (c) The term "investment broker," when used in this act, includes every corporation, 
 association, copartnership, company and person who shall within this state regularly 
 engage in the business of selling, offering for sale or negotiating for the sale, as agent 
 or contractor, of any security of more than one investment company. The term 
 "contractor" means any one who undertakes to sell securities for an investment com- 
 pany for a commission or other consideration. 
 
 "Agent." 
 
 (d) The term "agent," when used in this act, includes every corporation, association, 
 copartnership, company and person who shall within this state sell, offer for sale, 
 negotiate for the sale of or take subscriptions for any security of an investment com- 
 pany, either as an employee on a salary basis or for a commission, if acting either 
 for the investment company or an investment broker. 
 
 "Sale." 
 
 (e) The term "sale," when used in this act, means the original transfer of title of 
 its own securities from an investment company for any valuable consideration. 
 
 Act not applicable to certain corporations. 
 
 § 3. This act shall not apply to corporations, associations, copartnerships, com- 
 panies, firms and individuals now or hereafter subject to the jurisdiction or authority 
 of the railroad commission, nor to corporations now or hereafter organized under the 
 laws of this state for the purpose of conducting the business of banking within this 
 state, nor to corporations, associations, copartnerships, companies, firms and indi- 
 viduals after they have secured from the insurance commissioner or the bureau of 
 building and loan supervision a certificate of authority or license to do business within 
 this state, nor to corporations, associations, copartnerships or companies, subject to 
 federal regulation or not organized for profit, nor to mutual water companies and 
 irrigation districts, nor to the stocks, stock certificates, bonds or other evidences of
 
 Act 2235, §4 GENERAL LAWS. 1200 
 
 indebtedness of such corporations, associations, copartnerships, companies, firms or 
 individuals. [Amendment of June 3, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 1135.] 
 
 Application for permission to sell securities. Filing fee. 
 
 § 4. (a) Before selling, offering for sale, negotiating for the sale, or taking sub- 
 scriptions for, any security of any kind or character, each investment company shall 
 file in the office of the commissioner of corporations of this state, an application for 
 permission so to do, together with a filing fee, as hereinafter prescribed, an itemized 
 statement of its financial condition, in such form and detail as the commissioner of 
 corporations may prescribe, a copy of all contracts which it proposes to make with 
 or sell to the public, a certified copy of its charter, articles of incorporation or articles 
 of association and all amendments thereto, and such additional information pertaining 
 thereto as the commissioner of corporations may, from time to time, prescribe. Said 
 filing fee shall be five dollars if the par or face value of said security amounts to 
 twenty-five thousand dollars or less; ten dollars if the par or face value of said 
 security amounts to over twenty-five thousand dollars and not over fifty thousand 
 dollars; fifteen dollars if the par or face value of said security amounts to over fifty 
 thousand dollars and not over seventy-five thousand dollars; twenty dollars if the 
 par or face value of said security amounts to over seventy-five thousand dollars and 
 not over one hundred thousand dollars; and twenty-five dollars if the par or face 
 value of said security amounts to over one hundred thousand dollars. 
 
 Securities not for sale to public exempt. 
 
 (b) If the investment company does not desire to sell its securities to the public 
 the commissioner of corporations maj' make his written finding to that effect. Upon 
 the filing of said finding the investment company and its securities shall be exempt 
 from the provisions of this act until the commissioner of corporations makes and files 
 his order setting aside said finding. The commissioner of corporations shall have 
 power to make his order setting aside said finding if he finds that the investment 
 company is selling its securities to the public, or for other good cause. 
 
 Companies organized in other states. Attorney upon whom process may be served. Fee. 
 
 (c) If such company is organized or created under or by virtue of the laws of any 
 other state, teiTitory or government, it shall also file in the office of the commissioner 
 of corporations a certified copy of the law or laws under which it is organized or 
 incorporated, and all amendments thereto, and also, in such form as the commissioner 
 of corporations may prescribe, its written instrument, irrevocable, appointing the 
 commissioner of corporations or his successor in office its true and lawful attorney, 
 upon whom all process in any action or proceeding against it may be served with 
 the same effect as if said company were organized or created under the laws of this 
 state and had been lawfully served with process therein. Service upon such attorney' 
 shall be deemed personal service upon such company. The commissioner of corpora- 
 tions shall forthwith forward by mail, postage prepaid to the person designated by 
 such company by written instrument filed with the commissioner of corporations at 
 the address given in said instrument, or, in case no such instrument has been filed, to 
 the secretary of such companj' at its last known postoffice address, a copy of every 
 process served upon him under the provisions of this section. For each copy of process, 
 the commissioner of corporations shall collect the sum of two dollars, which shall be 
 paid by the plaintiff or moving party at the time of such service, to be recovered by 
 him as part of his taxable costs, if he succeeds in the suit or proceedings. Service 
 shall not be deemed complete until said fee has been paid, and said copy of process 
 mailed as hereinbefore directed.
 
 1201 INVESTMENT COMPANIES. Act 2235, §§ 5, 6 
 
 Commissioner to examine company's affairs before issuing certificate. Certificate not 
 recommendation. Refusing certificate. Unlawful to issue securities without cer- 
 tificate. Stock to directors. Temporary permit. 
 
 § 5. It shall be the duty of the commissioner of corporations to examine the state- 
 ment and other information so filed, and he may, if he deems it advisable, make, or 
 have made, at applicant's cost as hereinafter in this act specified, a detailed examina- 
 tion, audit and investigation of the investment company's affairs, providing that the 
 investment company may at its option, in writing, refuse to have such examination, 
 audit or investigation made, whereupon the commissioner of corporations must reject 
 the application. If he finds that the proposed plan of business of the investment com- 
 pany is not unfair, unjust, or inequitable the commissioner of corporations shall issue 
 to the investment company a certificate, authorizing it to sell securities, as therein 
 specified within this state, reciting that the company has complied with the provisions 
 of this act, that detailed information concerning the investment company and its 
 securities is on file in the of&ce of the commissioner of corporations and that the 
 investment company is authorized to sell said securities within this state on such 
 conditions, if any, as the commissioner of corporations may in said certificate prescribe. 
 Said certificate shall recite in bold type that the issuance of this certificate is permis- 
 sive only and does not constitute a recommendation or indorsement of said securities. 
 The commissioner of corporations may impose such conditions as he may deem 
 necessary to the issue of said securities, and may, from time to time, for cause, rescind, 
 alter or amend the certificate. If the commissioner of corporations finds that the 
 proposed plan of business of the investment company is unfair, unjust, or inequitable 
 or that it does not intend to do a fair and honest business, he shall refuse to issue 
 the certificate and shall notify the investment company in writing of his decision. 
 It shall be unlawful to issue any security to which this act is applicable unless a 
 certificate or a temporary permit authorizing the issue thereof shall first have been 
 secured from the commissioner of corporations as provided in this act; and it shall 
 further be unlawful for any investment company, investment broker or agent as in 
 this act defined, to sell, offer for sale, negotiate for the sale of or take subscriptions 
 for any stock, stock certificate, bond or other evidence of indebtedness of any kind 
 or character without exhibiting to the prospective purchaser or prospective purchasers 
 of such securities, or any thereof, a copy of the certificate issued to such investment 
 company in accordance herewith. A Corporation may without appl.ying for a certificate 
 under tho provisions of this act issue to each of its directors one share of stock for 
 the purpose of qualifying as directors. The commissioner of corporations, if satisfied 
 that the investment company intends to do a fair, just and equitable business, may. 
 forthwith upon the filing of the statement and other papers required by section four of 
 this act, issue to said investment company, upon such conditions as he may prescribe, 
 a temporary permit to issue its securities pending the examination of said statement 
 and other papers, and may, from time to time, for cause, rescind, alter or amend said 
 temporary permit. 
 
 Investment brokers' permit. Fee. 
 
 $ 6. The provisions of sections four and five of this act, in so far as applicable, 
 shall apply to investment brokers; provided, that the commissioner of corporations 
 may, if he finds that the applicant has a good business reputation and deals only in 
 good securities, issue to an investment broker a general permit entitling such invest- 
 ment broker to sell securities within this state, authorized by him, until the first of 
 March following, when it will be necessary to secure a new general permit. For each 
 such general permit the commissioner of corporations shall charge the sum of five 
 dollars. Such general permit, however, shall be subject to revocation by the commis- 
 
 Gen. Laws — 76
 
 Act 2235, §§ 7-10 GENERAL LA\%'S. 1202 
 
 sioner of corporations at any time for cause appearing to him sufficient. The commis- 
 sioner of corporations shall forthwith mail written notice of such revocation to the 
 investment broker. 
 
 Certificates for investment brokers' agents. Fee. 
 
 $ 7, Any investment company or investment broker may appoint one or more agents, 
 but it shall be unlawful for any such agent to do any business as specified in this act 
 until he shall have secured from the commissioner of corporations a certificate author- 
 izing him to represent such investment company or investment broker within this state 
 until the first of March following, when it will be necessary to secure a new certificate. 
 For each certificate the commissioner of corporations shall charge the sum of one 
 dollar. Such certificate, however, shall be subject to revocation by the commissioner 
 of corporations at any time for cause appearing to him sufficient. 
 
 Supervision and control of companies and brokers. Examination fee. 
 
 § 8. The commissioner of corporations shall have general supervision and control, 
 as provided in this act, over an}' and all investment companies and investment brokers, 
 and all such investment companies and investment brokers shall be subject to exam- 
 ination by the commissioner of corporations or a duly authorized deputy at any time 
 the commissioner of corporations may deem it advisable to have such examination 
 made to carry out anj' provision of this act, and in the same manner and with the 
 same powers as is now, or may hereafter be provided for the examination of state 
 banks. Such investment company or investment broker shall pay to the commissioner 
 of corporations, for each examination, a fee of ten dollars and traveling expenses for 
 each day or fraction thereof that he or his deputy shall necessarily be absent from 
 his office for the purpose of making such examination, and the failure or refusal of 
 any investment company or investment broker to pay such fee upon the demand of 
 the commissioner of corporations shall work a forfeiture of its or his rights to sell 
 any further securities in this state until such fee shall have been paid to the commis- 
 sioner of corporations, with interest at the rate of seven per cent from the time of 
 the demand of the commissioner of corporations and an additional twenty-five per 
 cent of such fee by way of penalty. 
 
 Advertisements, circulars, etc. 
 
 $ 9. It shall be unlawful for any investment company, investment broker or agent 
 to issue, circulate or deliver any advertisement, pamphlet, prospectus, circular or 
 statement or other document in regard to securities which it desires to sell in this 
 state until after such investment company, investment broker or agent shall have 
 been licensed to sell such securities as provided in this act. It shall be unlawful for 
 any such licensed investment company, investment broker or agent to issue, circulate 
 or deliver any such advertisement, pamphlet, prospectus, circular, statement or other 
 document, unless the same shall be signed with the name of the investment company 
 or investment broker and bear a serial number and a copy thereof shall first have been 
 filed with the commissioner of corporations. The commissioner of corporations may 
 for cause object to any such advertisement, pamphlet, prospectus, circular, statement 
 or other document, whereupon it shall be unlawful for such investment company, 
 investment broker or agent to further issue, circulate or deliver such advertisement, 
 pamphlet, prospectus, circular, statement or other document. 
 
 Semi-annual reports. 
 
 ^ 10. (a) Every investment company, until it shall have sold all the securities 
 authorized by the commissioner of corporations and disposed of the proceeds thereof, 
 shall file in the office of the commissioner of corporations, under date of December 31st 
 and June 30th of each year, and within fifteen days after said dates, and also at such 
 
 I 
 •I 
 
 i
 
 1203 INVESTMENT COMPANIES. Act 2235, 8§ 11-15 
 
 other times as may be required by the commissioner of corporations, a report setting 
 forth in such form as the commissioner of corporations may prescribe, the securities 
 authorized by him and sold under the provisions of this act, the proceeds derived 
 therefrom, the disposition of such proceeds and such other information concerning its 
 affairs relating to the subject matter of this act, as the commissioner of corporations 
 may require. 
 
 Broker's reports on securities. 
 
 (b) Every investment broker shall when called upon by the commissioner of cor- 
 porations file in his office a report giving such information as he may call for, relating 
 to the securities, the sale of which has been authorized under the provisions of this act. 
 
 Papers open to public inspection. 
 
 $ 11. All papers, documents, reports and other instruments in writing filed with the 
 commissioner of corporations under this act shall be open to public inspection; pro- 
 vided, that if in his judgment the public welfare or the welfare of any investment 
 company demands that any portion of such information be not made public he may 
 withhold such information from public inspection for such time as in his judgment 
 is necessary. 
 
 Appeal from commissioner's decision. 
 
 § 12. An appeal may be taken from any decision of the commissioner of corporations 
 under this act by filing with the clerk of the superior court of the state of California, 
 in and for the city and county of San Francisco, a certified transcript of all papers in 
 the office of the commissioner of corporations relating to such decision. It shall be the 
 duty of the commissioner of corporations to make and certify to said transcript upon 
 payment to him of a fee of ten cents for each folio and one dollar for the certification. 
 The court shall upon such appeal be limited to a consideration of the question whether 
 there has been abuse of discretion on the part of the commissioner of corporations in 
 making such decision. 
 
 Penalty for false statement. 
 
 $ 13. Any person who shall knowingly or wilfully subscribe to or make or cause 
 to be made any false statement or false entry in any book of any investment company 
 or investment broker, or exhibit any false paper with the intention of deceiving any 
 person authorized to examine into its affairs, or who shall make or publish any false 
 or misleading statement of its financial condition or concerning the securities by it 
 offered for sale, shall be guilty of a misdemeanor and shall be punishable by a fine 
 not exceeding one thousand dollars or by imprisonment in a county jail not exceeding 
 one year or by both such fine and imprisonment. 
 
 Penalty for company violating act. 
 
 § 14. Any corporation, association, copartnership or company which violates or fails 
 to comply with any of the provisions of this act, or which fails, omits or neglects to 
 obey, observe or comply with any order, decision, demand or requirement, or any 
 part or provision thereof, of the commissioner of corporations under the provisions 
 of this act, is subject to a penalty of not less than five hundred dollars nor more than 
 two thousand dollars for each and every offense, which penalty if unpaid after demand 
 by the commissioner of corporations shall be recovered in an action brought in the 
 name of the people of the state of California by the attorney general. 
 
 Penalty for person violating act. 
 
 § 15. Every person who violates or fails to comply with any of the provisions of 
 this act or who fails, omits or neglects to obey, observe or comply with any order,
 
 Act 2235, §§ lfl-19 GENERAL LAWS. 1204 
 
 decision, demand or requirement, or any part or provision thereof, of the commis- 
 sioner of corporations under the provisions of this act in any case in which a different 
 penalty is not specifically provided, is guilty of a misdemeanor and is punishable by 
 a fine of not exceeding one thousand dollars, or by imprisonment in a county jail not 
 exceeding one year, or by both such fine and imprisonment. 
 
 Corporation department created. Salary. Bond. 
 
 § 16. There is hereby created a state corporation department. The chief officer of 
 such department shall be the commissioner of corporations. He shall be appointed by 
 the governor and hold office at the pleasure of the governor. He shall receive an 
 annual salary of five thousand dollars, to be paid monthly out of the state treasury 
 upon a warrant of the controller. He shall within fifteen days from the time of notice 
 of his appointment take and subscribe to the constitutional oath or office and file the 
 same in the office of the secretary of state and execute to the people of the state a 
 bond in the penal sum of ten thousand dollars with corporate security or two or more 
 sureties, to be approved by the governor of the state, for the faithful discharge of the 
 duties of his office. 
 
 Deputies. Compensation. Total expenditure. 
 
 § 17. The commissioner of corporations shall employ such clerks and deputies as 
 
 he may need to discharge in proper manner the duties imposed upon him by law. 
 Neither the commissioner of corporations nor any of his clerks or deputies shall be 
 interested in any investment company, or investment broker, as director, stockholder, 
 officer, member, agent or employee. Such clerks and deputies shall perform such 
 duties as the commissioner of corporations shall assign to them. He shall fix the 
 compensation of such clerks and deputies which compensation shall be paid monthly 
 on the certificate of the commissioner of corporations, and on the warrant of the 
 controller out of the state treasury; provided, however, that the total expenditures 
 provided for in this act shall not exceed fifty thousand dollars per annum. Each 
 deputy shall within fifteen days after his appointment take and subscribe to the 
 constitutional oath of office and file the same in the office of the secretary of state. 
 
 Office of commissioner. 
 
 $ 18. The commissioner of corporations shall have his office in the city of Sacra- 
 mento and he shall from time to time obtain the necessary furniture, stationery, fuel[,] 
 light and other proper conveniences for the transaction of the business of the state 
 corporation department, the expenses of which shall be paid out of the state treasury 
 on the certificate of the commissioner of corporations and the warrant of the controller. 
 
 Corporation commission fund. 
 
 § 19. A fund is hereby created to be known as the "corporation commission fund" 
 and out of said fund shall be paid all the expenses incurred in and about the conduct 
 of the business of the corporation department, including the salary of the commis- 
 sioner and his clerks and deputies traveling expenses, furnishing rooms and rent. All 
 moneys collected or received by the commissioner of corjoorations under and by virtue 
 of the provisions of this act shall be delivered by him to the treasurer of the state, 
 who shall deposit the same to the credit of said corporation commission fund. And 
 all such fund so deposited or such part thereof as may be necessary for the purposes 
 of this act are hereby appropriated to the use of the corporation commission fund for 
 the purposes of this act. It shall be the duty of the commissioner of corporations 
 semi-annually to certify under oath to the state treasurer and secretary of state the 
 total amount of receipts and expenditures of the state corporation department for the 
 six months preceding. All fees and payments of every description required by this 
 
 I
 
 1203 INVESTMENT COMPANIES. Act 2235. §§ 20-25 
 
 act to be paid to the commissioner of corporations shall be paid by him to the state 
 treasurer on the first day of each week following their receipt by the commissioner 
 of corporations. 
 
 Seal. 
 
 . § 20. The commissioner of corporations shall adopt a seal with the words "Com- 
 missioner of Corporations, State of California," and such other device as the commis- 
 sioner of corporations may desire engraved thereon by which he shall authenticate the 
 proceedings of his office. Copies of all records and papers in the office of the corpora- 
 tion department shall be received in evidence of all cases equally and with like effect 
 as the originals. 
 
 Reports as evidence. 
 
 § 21. Every official report made by the commissioner of corporations and every 
 report, duly verified, of an examination made, shall be prima facie evidence of the 
 facts therein stated for all purposes in any action or proceedings wherein any invest- 
 ment company or investment broker is a party. 
 
 Constitutionality of act. 
 
 § 22. If any section, sub-section, sentence, clause or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall not affect the validity of the 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, sub-section, sentence, clause, and phrase thereof 
 irrespective of the fact that any one or more other sections, sub-sections, sentences, 
 clauses or phrases be declared unconstitutional. 
 
 Repeal of inconsistent acts. 
 
 § 23. All acts and parts of acts inconsistent with the provisions of this act are 
 hereby repealed. 
 
 Appropriation. 
 
 ^ 24. The sum of ten thousand dollars is hereby appropriated out of any moneys 
 in the state treasury not otherwise appropriated for the purpose of carrying this act 
 into effect. 
 
 In effect. 
 
 ^ 25. This act shall take effect November 1, 1913. 
 
 1. Arknn.sas "blue sky Ia«" — Declared in Ex parte Taylor, 68 Fla. 61, 66 So. 
 oonstitniioual and valid. — The Arkansas 292, is distinguished from the "West Vir- 
 
 "blue sky law" was held not to be viola- g-inia statute in several particulars. 
 
 tive of either federal or state constitu- Bracey v. Darst, 218 Fed. 482. 
 
 tions, in placing restrictions and limita- 4. Same — "Due process" not fiolatcd 
 
 tions upon the right of foreign corpora- "Equal protection" not denied. — The Flor- 
 
 tions to do business in the state, and its Ida "blue sky law" does not deprive a local 
 
 regulatory provisions are not unreasonable, corporation of property without due proc- 
 
 and it does not deprive the citizen of the ess of law, and does not deny it the equal 
 
 right of freedom of contract, and is a protection of the laws. — Ex parte Taylor, 
 
 proper exercise of the police power. — Stan- 68 Fla. 61, 66 So. 292. 
 
 dard Home Co. v. Davis, 217 Fed. 904. 5. Io>va "blue sky la^v" Unconstitu- 
 
 2. California "blue sky laTV»_PHrpose. i'''"'*^-~P\^ ^""^^ T^^^^ ^^^ ^^^" ^'^" "«t 
 -It was the purpose of the "blue sky law" ^^ Justified as an inspection law, is not a 
 to throttle in their infancy such schemes P'"°''*''' exercise of the police power, im- 
 as depend upon false and fraudulent propa- ^°fl *. burden on interstate commerce, 
 ganda for their sale of worthless securi- f"** ^^"'^^ t° citizens of other states privi- 
 ties.-Burns v. Bauer, 37 Cal. App. 251, 174 eges granted to citizens of Iowa.— Wil- 
 p^^j 34g liam R. Compton Co. v. Allen, 216 Fed. 537. 
 
 6. Mlchig^nn "blue sky l^w" — Neither tax 
 
 3. Florida "blue sky law" — Declared nor license la»v. — The Michigan "blue sky 
 constitutional and valid. — The Florida "blue law" is neither a tax nor a license law, but 
 sky law," declared constitutional and valid in its dominant characteristics and effect is
 
 Act 2235 
 
 GE:NE)RAIi LAWS. 
 
 1200 
 
 prohibitory. — Alabama, etc., Co. v. Doyle, 
 210 Fed. 173. 
 
 7. Same — Violates "due process'' clau.se, 
 
 — The act deprives the plaintiffs of prop- 
 erty as well as liberty without due process 
 of law. — Alabama, etc., Co. v. Doyle, 210 
 Fed. 173. 
 
 8. Same — Not within police power. — Cer- 
 tain features of the Michigan "blue sky 
 law" are held to have no real or substan- 
 tial relation to the public welfare, and not 
 to be within even the shadow of the police 
 power. — Alabama, etc., Co. v. Doyle, 210 
 Fed. 173. 
 
 9. Same — Denies "equal protection." — ^In 
 certain specified particulars the Michigan 
 "blue sky law" deprives plaintiffs of the 
 equal protection of the laws. — Alabama, 
 etc., Co. V. Doyle, 210 Fed. 173. 
 
 10. Same — Imposes burden on Interstate 
 commerce. — The Michigan "blue sky law" 
 imposes a burden on interstate commerce 
 which is not merely indirect and Inci- 
 dental, inasmuch as it is not a legitimate 
 exercise of the police power. — Alabama, etc., 
 Co. V. Doyle, 210 Fed. 173. 
 
 11. Same — Title covers subject. — The 
 broad language of the title of the Michigan 
 "blue sky law" is capable of a construction 
 which will cover all the provisions of the 
 act, although it is doubtful whether one 
 reading the title would suppose that it pro- 
 hibited the sale of securities which were 
 not fraudulent, but merely not worth the 
 selling price. — Alabama, etc., Co. v. Doyle, 
 210 Fed. 173. 
 
 11a. Same — Constitutionality sustained. 
 — The Michigan "blue sky law" was sus- 
 tained over constitutional objections simi- 
 lar to those raised in Hall v. Geiger-Jones 
 Co., 242 U. S. 539, Ann. Cas. 1917C, 643, 
 L. R. A. 1917F, 514, 61 L.. ed. 480, 37 Sup. 
 Ct. 217; Hall v. Coultrap, 242 U. S. 539, 61 
 L. ed. 480, 37 Sup. Ct. 217; Hall v. Rose, 242 
 U. S. 539, 61 L. ed. 480, 37 Sup. Ct. 217; 
 Caldwell v. Sioux Falls, etc., Co., 242 U. S. 
 559, 61 L. ed. 493, 37 Sup. Ct. 224, and Mer- 
 rick v. N. W. Halsey & Co., 242 U. S. 568, 
 61 L. ed. 498. 37 Sup. Ct. 227. 
 
 lib. Same — ExchanBe of stoclc is sale. — 
 The exchange of stock of a subsidiary for 
 stock in a holding company is a sale with- 
 in the meaning of the "blue sky law." — Ed- 
 ward V. loor, 205 Mich. 617, 172 N. W. 620. 
 
 lie. Same — Sale ot stock without com- 
 pliance with law void. — A sale of stock In 
 a foreign corporation in the state of Michi- 
 gan, where the corporation has not com- 
 plied with the act is void, and the pur- 
 chaser is entitled to recover the price paid 
 upon tender back of the stock. — Edward v. 
 loor, 205 Mich. 617. 172 N. W. 620. 
 
 12. Montana "blue sky law" — Constitu- 
 tionality not determined. — In a suit brought 
 by a corporation whose plan of business on 
 its face antagonizes sound, economic prin- 
 ciples, and is designed to defraud its clients 
 a court of equity will not determine the 
 constitutionality •of the Montana "blue sky 
 law." — National Mercantile Co. v. Keating. 
 218 Fed. 477. 
 
 13. Same — Intent of act. — The intent of 
 
 the North Carolina statute Is to protect our 
 people, under the police power, from fraud 
 and imposition by irresponsible non-resident 
 parties. — State v. Agey, 171 N. C. 831, 88 
 S. E. 726. 
 
 14. North Carolina "blue sky law.'*— — 
 Construed and applied. — A foreign corpora- 
 tion organized for the purpose of selling 
 small lots of land upon an agreement on 
 their part to set the same out in figs, with 
 certain guarantees of cultivation and num- 
 ber of plants per acre, and mutual stipula- 
 tions as to payment of purchase price and 
 conveyance, falls within the extent and 
 meaning of the North Carolina "blue sky 
 law." — State v. Agey, 171 N. C. 831, 88 S. E. 
 726. 
 
 15. Ohio "blue sky la^v" — Legislative 
 policy not open to review. — The prevention 
 of deception is within the competency of 
 government, and the appreciation of the 
 consequences of it is not open to review. — 
 Hall V. Geiger-Jones Co., 242 U. S. 539, Ann. 
 Cas. 1917C, 643 L. R. A. 1917F, 514, 61 L. ed. 
 480, 37 Sup. Ct. 217; Hall v. Coultrap. 242 
 U. S. 539, 61 L. ed. 480, 37 Sup. Ct. 217; Hall 
 V. Rose, 242 U. S. 639, 61 L. ed. 480, 37 Sup. 
 Ct. 217. 
 
 16. Same — Purpose of act. — The name 
 that is given the law indicates the evil at 
 which it Is aimed; that is "speculative 
 schemes which have no more leases than so 
 many feet of blue sky." or to stop tlie sale 
 of stock in fly-by-night concerns, visionary 
 oil wells, distant gold mines, and other like 
 fraudulent exploitations. — Hall v. Geiger- 
 Jones Co., 242 U. S. 539, Ann. Cas. 1917C, 643, 
 L. R. A. 1917F, 514, 61 L. ed. 480, 37 Sup. Ct. 
 217; Hall v. Coultrap, 242 U. S. 539, 61 L. ed. 
 480, 37 Sup. Ct. 217; Hall v. Rose, 242 U. S. 
 539, 61 L. ed. 480, 37 Sup. Ct. 217. 
 
 17. Same — Reason and extent both within 
 competency of state. — The reason and the 
 extent of the law, and the control to which 
 the individual transactions are subjected, 
 are both within the competency of the 
 state. — Hall v. Geiger-Jones Co., 242 U. S. 
 539, Ann. Cas. 1917C, 643, L,. R. A. 1917F. 
 514. 61 L. ed. 480, 37 Sup. Ct. 217; Hall v. 
 Coultrap. 242 U. S. 539, 61 L. ed. 480. 37 
 Sup. Ct. 217; Hall v. Rose, 242 U. S. 539. 61 
 L. ed. 480. 37 Sup. Ct. 217. 
 
 18. Same — Legislative policy. — Safeeuards 
 not inappropriate.— Individual inconvenience 
 must yield to public welfare. — The state has 
 
 •deemed it necessary to require that secu- 
 rities offered to Its public shall be subjected 
 to such safeguards as will assure their in- 
 tegrity, and the requirement is not un- 
 reasonable or inappropriate, and this can 
 only be done through the information 
 which may be furnished the public of the 
 probity of those who deal in them, and 
 whatever inconvenience may be caused by 
 the necessary supervision or surveillance 
 must yield to the public welfare. — Hall v. 
 Geiger-Jones Co., 242 U. S. 539, Ann. Cas. 
 1917C, 643, L. R. A. 1917F. 514. 61 D. ed. 480. 
 37 Sup. Ct. 217; Hall v. Coultrap. 242 U. S. 
 539, 61 L. ed. 480, 37 Sup. Ct. 217; Hall v.
 
 J207 
 
 IXVEST3IEXT COMPAKIES. 
 
 Act 2235 
 
 Rose. 242 U. S. 539, 61 L. ed. 480, 37 Sup. 
 Ct. 217. 
 
 19. Same — License feature. — The discre- 
 tion of the commissioner to grant or refuse 
 a license is qualified by his duty, and is 
 subject to review, and in determining the 
 validity of the law, the court must accord 
 to him a proper sense of duty, and presume 
 that the functions entrusted to him will be 
 executed for the public interest, and not 
 wantonly or arbitrarily to deny a license 
 to or take away a license from a reputable 
 dealer. — Hall v. Geiger-Jones Co., 242 U. S. 
 539, Ann. Cas. 1917C. 643, L. R. A. 1917F, 
 514, 61 L. ed. 480, 37 Sup. Ct. 217; Hall v. 
 Coultrap, 242 U. S. 539, 61 L. ed. 480, 37 
 Sup. Ct. 217; Hall v. Rose, 242 U. S. 539, 61 
 L. ed, 480, 37 Sup. Ct. 217. 
 
 20. Same — Discriminations and classifica- 
 tions not unreasonable. — The various dis- 
 criminations and classifications in the Ohio 
 law relating to various kinds of securities, 
 quantities and amounts issued by the same 
 person, amounts of commissions on sales, 
 securities of common carriers, and of cor- 
 porations organized under the laws of the 
 state, etc., are held to be proper, within the 
 power of the state, and not a denial of equal 
 protection of the laws. — Hall v. Geiger- 
 Jones Co., 242 U. S. 539, Ann. Cas. 1917C. 
 643, L. R. A. 1917F, 514, 61 L. ed. 480, 37 
 Sup. Ct. 217; Hall v. Coultrap, 242 U. S. 539. 
 61 L. ed. 480, 37 Sup. Ct. 217; Hall v. Rose, 
 242 U. S. 539. 61 L. ed. 480, 37 Sup. Ct. 217. 
 
 21. Same — Same. — A state may direct its 
 law against what it deems the evil as it 
 actually exists without covering the whole 
 field of possible abuses, and it may do so 
 none the less that the forbidden act does 
 not differ in kind from those that are al- 
 lowed; and if a class is deemed to present a 
 conspicuous example of what the legisla- 
 ture seeks to prevent, the 14th amendment 
 allows it to be dealt with although other- 
 wise and merely logically not distinguish- 
 able from others not embraced in the law. — 
 Hall V. Geiger-Jones Co., 242 U. S. 539 Ann. 
 Cas. 1917C, 643, L. R. A. 19J7F. 514. 61 L. ed. 
 480, 37 Sup. Ct. 217; Hall v. Coultrap, 242 
 U. S. 539, 61 L. ed. 480, 37 Sup. Ct. 217; Hall 
 v. Rose, 242 U. S. 539, 61 L. ed. 480, 37 Sup. 
 Ct. 217. 
 
 22. Same — Infoiviation as to securities. 
 — Securities issued In other states and for- 
 eign countries are only affected by the re- 
 quirement that Information concerning 
 them must be filed, and that those who deal 
 in them within the states must have a 
 license to do so. — Hall v. Geiger-Jones Co., 
 242 U. S. 539. Ann. Cas. 1917C, 643, L. R. A. 
 1917F, 514, 61 L. ed. 480, 37 Sup. Ct. 217; 
 Hall v. Coultrap, 242 U. S. 539, 61 L. ed. 
 480, 37 Sup. Ct. 217; Hull v. Rose, 242 
 U. S. 539, 61 L. ed. 480, 37 Sup. Ct. 217. 
 
 23. Same — Burden on interstate com- 
 merce not imposed. — The act does not im- 
 pose a burden upon interstate commerce, 
 inasmuch as It only affects securities after 
 their transportation to the state is ended 
 and they have reached the hands of deal- 
 ers, and interstate commerce is only inci- 
 
 dentally affected. — Hall v. Geiger-Joues Co., 
 242 U. S. 539, Ann. Cas. 1917C, 643, L. R. A. 
 1917F, 514, 61 L. ed. 480, 37 Sup. Ct. 217; 
 Hall V. Coultrap, 242 U. S. 539, 61 L,. ed. 
 480. 37 Sup. Ct. 217; Hall v. Rose. 242 U. S. 
 539. 61 L.. ed. 480, 37 Sup. Ct. 217. 
 
 23a. Same — Regmlation of business for 
 public protection. — The law is a regulation 
 of busines. constrains conduct only to that 
 end, the purpose being to protect the pub- 
 lic against the imposition of unsubstantial 
 schemes, and the securities based upon 
 them. — Hall v. Geiger-Jones Co., 242 U. S. 
 539, Ann. Cas. 1917C, 643, L.. R. A. 1917F, 
 514, 61 L. ed. 480, 37 Sup. Ct. 217; Hall v. 
 Coultrap, 242 U. S. 539, 61 L. ed. 480, 37 Sup. 
 Ct. 217; Hall v. Rose. 242 U. S. 539, Ann. 
 Cas. 1917C, 643, L. R. A. 1917F, 514, 61 L. ed. 
 480, 37 Sup. Ct. 217. 
 
 24. South Dakota "blue sky lavr*' — Con- 
 stitutionality upheld. — For the reasons as- 
 signed in the cases of Hall v. Geiger-Jones 
 Co., 242 U. S. 539, Ann. Cas. 1917C, 643, 
 L. R. A. 1917F, 514, 61 L., ed. 480, 37 Sup. 
 Ct. 217; Hall v. Coultrap, 242 U. S. 539, 61 
 L. ed. 480, 37 Sup. Ct. 217; Hall v. Rose. 242 
 U. S. 539. 61 L. ed. 480, 37 Sup. Ct. 217, the 
 constitutionality of the South Dakota "blue 
 sky law" was sustained in the case of 
 Colorado corporation seeking to raise capi- 
 tal on its stock, and dealers in the same. — 
 Caldwell v. Sioux Falls, etc., Co., 242 U. S. 
 559, 61 Lr. ed. 493, 37 Sup. Ct. 224. 
 
 25. OrepTon "blue sky law" — Constitu- 
 
 fioi.n]:^',- T^ot docided. — Compliance with the 
 laws of Oregon Is a condition precedent to 
 lilt; iiyni uf a foreign corporation to do 
 business in that state, and until such com- 
 pliance is shown such corporation can have 
 no proper or legal standing for doing or 
 transacting business within the state, and 
 it follows irresistibly that it has no stand- 
 ing to maintain a suit there. — National, 
 etc., Co. V. Watson, 215 Fed. 929. 
 
 26. Same — Resistance to enforcement by 
 taxpayer. — A taxpayer may resist the en- 
 forcement of an unconstitutional statute 
 which increases his taxes, but he can not 
 resist the enforcement of the "blue sky 
 law," the purpose of which is to prevent 
 fraud in the sale of stocks, where the ex- 
 penditures would be derived from license 
 fees, demanded from corporations as a con- 
 dition of doing business. — McKinney v. 
 Watson, 74 Ore. 220, 145 Pac. 266. 
 
 27. Sarne^— Person ^'ithont Interest can 
 not attack constitutionality. — Where the 
 party attacking a state statute on the 
 ground of its unconstitutionality has no 
 interest, the question will not be considered. 
 — McKinney v. Watson, 74 Ore. 220, 145 
 Pac. 266. 
 
 28. West Virginia "blue sky law" — Un- 
 constitutional. — The West Virginia "blue 
 sky law" was held unconstitutional be- 
 cause it abridged the right of the citizen 
 of the United States to buy and sell prop- 
 erty in the state, and thus deprived them 
 of property without due process of law; 
 because it denied them the equal protection 
 of the law; and because it operated as a
 
 Act 223C §§ 1, 2 GENERAL. LAWS. 1208 
 
 restraint and burden upon Interstate com- of the police power, or of Interstate com- 
 merce. — Bracey v. Darst, 218 Fed. 482. merce, but purely and simply the exercise 
 29. Same — Same. — The court held that of the sovereign power over artificial 
 the legislature may prevent foreign cor- bodies, but no such power is vested in any 
 porations from transacting business alto- legislature over the Individual citizen, or 
 •gether, and may limit corporations, for- over copartnerships or voluntary associa- 
 eign and domestic, as to the kind of tions formed or organized by individual 
 business they may transact in the state, and citizens to do business. — Bracey v. Darst, 
 as to such corporations, it is not a question 218 Fed. 482. 
 
 "CORPORATE SECURITIES ACT." 
 
 ACT 2236 — An act providing for the regulation and supervision of companies, brokers, 
 
 agents, and sales of securities as the same are therein defined, and to prevent fraud 
 
 in the sale of securities; providing for the enforcement of said act and penalties for 
 
 the violation thereof; and creating a state corporation department and the office of 
 
 commissioner of corporations. 
 
 History: Approved May 18, 1917. In effect July 27, 1917. Stats. 
 1917, p. 673. Amended May 2, 1919. In effect July 22, 1919. Stats. 
 1919, p. 231. 
 
 Title. 
 
 ^ 1. This act shall be known as the "coii3orate securities act." 
 Words defined. 
 
 § 2. Words used in this act in the present tense include the future as well as the 
 present; words used in the masculine gender include the feminine and neuter, and in 
 the neuter, the masculine and feminine; the singular number includes the plural, and 
 the plural, the singular; "writing" includes "printing" and "typewriting"; "oath" 
 includes "aflfirmation"; the word "county" includes "city and county"; and "terri- 
 tory" includes "district." The following words have in this act the signification 
 attached to them in this section, unless otherwise apparent from the context. 
 
 1. The word "department" means the "state corporation department" created by 
 this act. 
 
 2. The word "commissioner" means the "commissioner of corporations." 
 
 "Company." 
 
 3. The word "company" includes all domestic and foreign, private corporations, 
 associations, joint stock companies, and partnerships, of every kind, and also trustees, 
 as hereinafter defined; excepting therefrom: 
 
 (a) All national banking associations and other corporations organized and exist- 
 ing under and by virtue of the acts of the congress of the United States; 
 
 (b) All public utilities subject to the jurisdiction, control, and regulation of the 
 railroad commission of this state; 
 
 (c) All corporations now or hereafter organized under the laws of this state for 
 the purpose of conducting the business of banking within this state and all corpora- 
 tions transacting insurance business within this state; 
 
 (d) All corporations, associations, or societies transacting business under the super- 
 vision, examination, and license of the bureau of building and loan supervision; and 
 
 (e) Every corporation organized under the laws of this state exclusively for the 
 purposes provided in any of the following titles, to wit: XIa, XII, Xlla, XIV, XXI, 
 XXII, of Part IV, Division First, of the Civil Code, and in accordance with the provi- 
 sions of such titles. 
 
 "Trust." 
 
 4. The word "trust" as used in this act includes all voluntary trusts, as the same 
 are defined in the Civil Code, expressly created by or declared in an instrument in 
 writing, other than a will or a judicial writ, order, decree, or judgment, to carry on 
 any business or to secure the payment or repayment of money.
 
 I20» IXVESTMEXT COMPANIES. Act 2336 
 
 5. The word "trustee," except as hereinafter used in subdivision nine of this sec- 
 tion, includes only persons or companies executing trusts as hereinbefore defined. 
 
 "Security." 
 
 6. The word "security" includes: 
 
 (a) All shares or other interests or rights into which the capital, capital stock, or 
 property of companies or rights of stockholders or members thereof are divided, includ- 
 ing all treasury shares and shares of their own capital stock purchased or otherwise 
 acquired by companies upon delinquent assessment sales or in any other lawful manner, 
 and all certificates and other instruments issued by them or their authority, evidencing 
 or representing such shares, interests, or rights ; 
 
 (b) All bonds, debentures, and evidences of indebtedness issued by any company; 
 and 
 
 (c) Any instrument issued or offered to the public by any company, evidencing or 
 representing any right to participate or share in the profits or earnings or the distribu- 
 tion of assets of any business carried on for profit; excepting therefrom the following: 
 
 (1) Bills of exchange and promissory notes not offered to the public by the drawer, 
 maker, or underwriter thereof, and all mortgages and deeds of trust of property situ- 
 ated in this state, executed to secure the payment thereof; and 
 
 (2) Any security listed in any standard manual of information, as to which the com- 
 missioner shall first make and file his written finding to the effect that such security 
 is fully and accurately described in such manual and that a sale thereof will not, in 
 his opinion, work a fraud upon the purchaser thereof; provided, that if such finding 
 shall thereafter be vacated or set aside, such security shall not thereafter be deemed 
 to be included within this exception. 
 
 "Sale." 
 
 7. A "sale," within the meaning of this act, includes every contract by which, for 
 a pecuniary consideration, called a price, one transfers to another an interest in prop- 
 erty, and also an exchange, a pledge, a hypothecation, and any transfer in trust or 
 otherwise as security for the performance of an obligation, and also any issue of any 
 security by a company; and the word "sell," as used in this act, includes every act b.v 
 which such sale is made. 
 
 "Agent." 
 
 8. The word "agent" as used in this act means and includes every person or com- 
 pany employed or appointed by a company or a broker who shall, within this state, 
 either as an employee or otherwise, for a compensation, sell, offer for sale, negotiate 
 for the sale of, or take subscriptions for any security of any company of its own issue 
 offered for sale by it. 
 
 "Broker." 
 
 9. The word "broker" as used in this act includes every person or company, other 
 than an agent, who shall, in this state, engage, either wholly or in part, in the business 
 of selling, offering for sale, negotiating for the sale of, or otherwise dealing, in any 
 security or securities issued by others, or of underwriting any issue of securities or of 
 purchasing such securities with the purpose of reselling them or of offering them for 
 sale to the public for a commission or at a profit; excepting therefrom the following; 
 
 (a) Any owner of any security who is not the issuer or an underwriter thereof, who 
 soils or exchanges the same for his own account; provided, that such sale or exchange 
 is not made in the course of repeated and successive transactions of like or similar 
 character by him;
 
 Act 2236, 8 3 GENERAL LAWS. 1214 
 
 (b) Any tinistee of a trust created by or declared in a will or a judicial writ, order, 
 decree or judgment, who, in such capacity, lawfully disposes of any property; 
 
 (c) Any company transacting a banking or insurance business in this state, selling 
 a security for an owner thereof or a broker, other than an underwriter thereof, at a 
 commission of not more than two per cent of the par or face value thereof; provided, 
 such sale is not made in the course of repeated and successive transactions of like or 
 similar character by such company; 
 
 (d) One, not the issuer, who disposes of securities to a broker or to a purchaser who, 
 as a part of his regular business, purchases such securities; 
 
 (e) Any pledge holder selling, in good faith and not for the purpose of avoiding the 
 provisions of this act, and in the ordinary course of business, a security pledged with 
 him as security for a bona fide debt. 
 
 "Actual fraud." 
 
 10. The words "actual fraud," as used in this act, are defined in section one thou- 
 sand five hundred seventy-two of the Civil Code. [Amendment of May 2, 1919. In 
 effect July 22, 1919. Stats. 1919, p. 231.] 
 
 Permit to sell securities. Application. Commissioner appointed attorney. 
 
 $ 3. No company shall sell, except upon a sale for a delinquent assessment made in 
 accordance with the provisions of Article II of Chapter II of Title I of Part IV of 
 Division First of the Civil Code; or offer for sale, negotiate for sale of, or take sub- 
 scriptions for any security of its own issue until it shall have first applied for and 
 secured from the commissioner a permit authorizing it so to do. Such application shall 
 be in writing, shall be verified as provided in the Code of Civil Procedure for the veri- 
 fication of pleadings, and shall be filed in the office of the commissioner. In such appli- 
 cation the applicant shall set forth the names and addresses of its officers, the location 
 of its office, an itemized account of its financial condition, the amount and character 
 of its assets and liabilities, a detailed statement of the plan upon which it proposes to 
 transact business, a copy of any security it proposes to issue, a copy of any contract 
 it proposes to make concerning the same, a copy of any prospectus or advertisement, or 
 other description of such securities, then prepared by or for it for distribution or pub- 
 lication, and such additional information concerning the company, its condition and 
 affairs as the commissioner may require. If the applicant is a partnership or an unin- 
 corporated association or joint stock company, it shall file with its application a copy 
 of its articles of partnership or association, and all other papers pertaining to its 
 organization. If the applicant is a trustee, it shall file with its application a copy of 
 all instruments by which the trust is created and in which it is accepted, acknowledged, 
 or declared. If the applicant is a corporation, it shall file with its application a copy 
 of all minutes of any proceedings of its directors or stockholders or members relating 
 to or affecting the issue of such securities, and also a copy of its articles of incorporation 
 and of its by-laws and of any amendments thereto. If the applicant is a corporation or 
 association organized under the laws of any other state, territory, or government, it 
 shall also file with its application a certificate, executed by the proper officer of such 
 state, territory, or government not more than thirty days before the filing of such appli- 
 cation, showing that such applicant is authorized to transact business in such state, 
 territory, or government ; and also, in such form as the commissioner may prescribe, its 
 written instrument, irrevocably appointing the commissioner and his successor in office 
 its true and lawful attorney upon whom all process in any action or proceeding against 
 it may be served, with the same effect as if said corporation or association were organ- 
 ized or created under the laws of this state and had been lawfully served with process 
 therein.
 
 1211 INVESTaiElVT COMPANIES. Act 2236, §§ 4, 5 
 
 Examination of application. Permit issued. Permit to sell security. 
 
 ^ 4. Upon the filing of such application, it shall be the duty of the commissioner to 
 examine it and the other papers and documents filed therewith, and he may, if he 
 deems it advisable, make or have made a detailed examination, audit, and investigation 
 of the applicant and its affairs. If he finds that the proposed plan of business of the 
 applicant is not unfair, unjust, or inequitable, that it intends to fairly and honestly 
 transact its business, and that the securities that it proposes to issue and the methods 
 to be used by it in issuing or disposing of them are not such as, in his opinion, will 
 work a fraud upon the purchaser thereof, the commissioner shall issue to the applicant 
 a permit authorizing it to issue and dispose of securities, as therein provided, in this 
 state, in such amounts and for such considerations and upon such terms and conditions 
 as the commissioner may in said permit provide. Otherwise, he shall deny the applica- 
 tion and refuse such permit and notify the applicant in writing of his decision. Every 
 permit shall recite in bold type that the issuance thereof is permissive only and does 
 not constitute a recommendation or indorsement of the securities permitted to be issued. 
 The commissioner may impose such conditions as he may deem necessary to the issue 
 of such securities, and shall have the power to establish such rules and regulations as 
 may be reasonable or necessary to insure the disposition of the proceeds of such securi- 
 ties in the manner and for the purposes provided in such permit, and may, from time 
 to time for cause, amend, alter, or revoke any permit issued by him, or temporarily sus- 
 pend the rights of the applicant under such permit. 
 
 Certificate of agent or broker. 
 
 ^ 5. No person or company shall act as an agent or broker until such person or 
 company shall have first applied for and secured from the commissioner a certificate, 
 then in effect, authorizing such person or company so to do. Every such certificate shall 
 expire on the thirty-first day of December next after its issuance, unless sooner revoked. 
 To secure such certificate, the applicant shall make and file in the office of the commis- 
 sioner an application therefor in writing, verified by or in behalf of the applicant. In 
 such application, the applicant shall set forth, in addition to such other information as 
 may be required by the commissioner: 
 
 1. The name and address of the applicant, and, if it be a corporation, association, or 
 joint stcok compan)-^, the name and address of each of its managing officers and agents, 
 and, if it be a partnership, the name and address of each of the partners ; 
 
 2. A succinct statement of facts showing that the applicant, and its managing officers 
 and agents, if it be a corporation, or members, if it be a partnership, have a good busi- 
 ness reputation; 
 
 3. If the applicant is a broker, the general plan and character of the business of the 
 applicant. 
 
 Fee. 
 
 For filing such application, the applicant shall pay a fee as hereinafter provided. If 
 the applicant is a corporation or association organized under the laws of any other 
 state, territory, or government, it shall file with its application a copy of its articles of 
 incorporation or association, together with a certificate executed by the proper officer 
 of such state, territory, or government not more than thirty days before the 'filing of 
 such application, showing that such applicant is authorized to transact business in such 
 state, territory, or government, and also, in such form as the commissioner may pre- 
 scribe, its written instrument, irrevocably appointing the commissioner and his suc- 
 cessor in office its true and lawful attorney upon whom all process in any action or 
 proceeding against it, arising out of or founded upon the actual fraud of such appli-
 
 Act 2236, 88 C-» GENERAL, LAWS. 1212 
 
 cant in the sale of securities within this state, maj' be served with the same effect as if 
 said corporation or association were organized or created under the laws of this state 
 and had been lawfully served with process therein. 
 
 Certificate issued. 
 
 $ 6. The comnDissioner shall examine such application, and shall make such further 
 investigation of the applicant and its affairs as he shall deem advisable. If, from such 
 examination, the commissioner shall be satisfied of the good business reputation of the 
 applicant and of its officers or members, if any, he shall issue such certificate. Other- 
 wise, he shall refuse the same and deny the application and notify the applicant of 
 his decision. The commissioner may at any time revoke any broker's or agents certifi- 
 cate issued by him if he shall find that the holder thereof is of bad business repute, or 
 has violated any provision of this act, or has engaged, or is about to engage in any 
 fraudulent transaction. 
 
 Advertisements submitted to commissioner. 
 
 § 7, No person, partnership, association, or corjjoration, other than a broker holding 
 a broker's certificate, then in eft'ect, shall issue, circulate, or publish any advertisement, 
 pamphlet, prospectus, or circular concerning any security, to be issued by any company, 
 that such person, partnership, association, or corporation desires or proposes to sell, 
 until the company proposing to issue such security shall have first secured from the 
 commissioner a permit authorizing it to issue or sell such security; nor shall any com- 
 pany, broker, or agent, or any other person, issue, circulate, or publish anj advertise- 
 ment, pamphlet, prospectus, or circular concerning any security sold or offered for salo 
 by it, unless the name of the company, broker, agent, or person issuing, circulating, or 
 publishing the same shall be subscribed thereto, and a true copy thereof shall have been 
 first filed in the office of the commissioner, or deposited in a United States post office, 
 properly enclosed in a sealed envelope, addressed to the commissioner at Sacramento, 
 California, with the postage dulj?^ prepaid thereon; nor shall any company, broker, or 
 agent, or any other person, issue, circulate, or publish any such advertisement, pam- 
 phlet, prospectus, or circular after notice in writing given to it by the commissioner, 
 that, in his opinion, the same contains any statement that is false or misleading or 
 otherwise likely to deceive a reader thereof. 
 
 Report by company on sale of securities, 
 
 ^ 8. Every comj^any authorized by the commissioner to sell securities shall there- 
 after, at such times as it may be required by the commissioner, make and file in the 
 office of the commissioner a report, setting forth, in such form as the commissioner 
 may prescribe, the securities sold by it under the authority of any permit issued by 
 him, the proceeds derived therefrom, the disposition of such proceeds, and such other 
 information concerning its property, officers, or affairs, relating to or affecting the 
 value of such securities, as the commissioner may require. 
 
 Statement by broker on sale of securities. 
 
 § 9. Every broker shall, at such times as it may be required by the commissioner, 
 make and file in the office of the commissioner a true and correct statement concerning 
 any security sold or offered for sale by such broker, showing the name and location of 
 the principal office of the issuer of such security; the names of its managing officers, 
 if it is a corporation, or of its members, if it is a partnership; its assets, liabilities, and 
 issued capital stock, at the close of its fiscal year then last ended, or at a later date; 
 its gross income, expenses, and fixed charges for the year next preceding such date, or 
 for such time as such issuer of such security has transacted business, if for less than 
 
 f
 
 1313 INVEST3Hi,ifT COMPANIES. Act 2236, §§ 10-14 
 
 one year, and the approximate price at which such broker has sold or proposes to sell 
 such security, together with such other information, of which the broker may have 
 knowledge, as the commissioner may require. 
 
 Papers open to public inspection. 
 
 $ 10. All papers, documents, reports, and other instruments in writing filed with 
 the commissioner under this act shall be open to public inspection ; provided, that if, in 
 his judgment, the public welfare or the welfare of any company, broker, or agent 
 demands that any portion of such information be not made public, he may, in his dis- 
 cretion, withhold such information from public inspection for such time as in his 
 judgment is necessary. The commissioner may at any time give, issue, or make public 
 any information concerning any company or any contracts, stocks, bonds, or other 
 securities sold or offered for sale within this state, if in his judgment the giving, issuing, 
 or publishing of the same will be of public interest or advantage or will tend to prevent 
 the fradulent sale of such securities. 
 
 Review of orders, etc., of commissioner. 
 
 § 11. Every order, decision, permit or other official act of the commissioner shall 
 be subject to review, in accordance with the provisions of Chapter I of Title I of Part 
 III of the Code of Civil Procedure ; and any party aggrieved by any such order, decision, 
 or permit of the commissioner may appeal therefrom to the superior court of the county 
 of Sacramento, by serving upon the commissioner a notice of such appeal, a demand in 
 writing for a certified transcript of all the papers on file in his office affecting or relating 
 to such decision, and the payment of the fee therefor, within sixty days after the mak 
 ing of any such order, permit, or decision. Thereupon, the commissioner shall, within 
 ten days, make and certify such transcript, and the appellant shall, within five days 
 thereafter, file the same and the notice of appeal with the clerk of said court. Upon 
 the hearing of such appeal, the burden of proof shall lie upon the appellant, and the 
 court shall receive and consider any pertinent evidence, whether oral or documentary, 
 concerning the action of the commissioner from which the appeal is taken, but shall be 
 limited to a consideration and determination of the question whether there has been 
 an abuse of discretion on the part of the commissioner in making such order, decision, 
 or permit. 
 
 Securities void. 
 
 $ 12. Every security issued by any company, without a permit of the commissioner 
 authorizing the same then in effect, shall be void, and every security issued by any 
 company, with the authorization of the commissioner but not conforming in its provi- 
 sions to the provisions, if any, which it is required by the permit of the commissioner 
 to contain, shall be void. 
 
 Penalty for company violating act. 
 
 $ 13. Every company which shall directly or indirectly issue or cause to be issued 
 any security contrary to the provisions of this act, or of the constitution of this state, 
 or in nonconformity with a permit of the commissioner authorizing the same, or which 
 applies the proceeds from the sale thereof, or any part thereof, to any purpose other 
 than the purpose or purposes, if any, specified in such permit, or to any purpose speci- 
 fied in such permit in excess of any amount limited in such permit to be used for such 
 purpose, shall be guilty of a public offense and shall be punishable by a fine not exceed- 
 ing ten thousand dollars. 
 
 Penalty for officers, etc. 
 
 ^ 14. Every officer, agent or employee of any company, and every other person, who 
 knowingly authorizes, directs, or aids in the issue or sale of, or issues or executes, or
 
 Act 2236, 88 15. 16 GENERAL LAWS. 
 
 sells, or causes or assists in causing to be issued, executed, or sold, any security, in 
 nonconformitj' with a permit of the commissioner then in effect authorizing such issue, 
 or contrary to the provisions of this act, or of the constitution of this state, or who, in 
 any application to the commissioner, or in any proceeding before him, or in any exam- 
 ination, audit, or investigation made by him or his authority, knowingly makes any 
 false statement or representation, or who, with knowledge of its falsity, files or causes 
 to be filed in the office of the commissioner any false statement or representation con- 
 cerning such company or the property which it then holds or proposes to acquire, or 
 concerning its officers or its financial condition or other affairs, or concerning its pro- 
 posed plan of business, or who, with knowledge of the falsity of any such statement 
 or representation, issues, executes, or sells, or causes to be issued, executed, or sold, 
 any security, without first informing the commissioner of the falsity of such statement 
 in writing, or who, directly or indirectly, knowingly applies, or causes or assists in 
 causing to be applied, the proceeds or any part thereof, from the sale of any security 
 to any purpose contrary to th<? provisions of the permit authorizing the issue of such 
 security, or to any purpose specified in such permit in excess of any amount limited in 
 such permit to be used for such purpose, or who, with knowledge that any security has 
 been issued or executed in violation of any of the provisions of this act, sells or offers 
 the same for sale, or who, with knowledge that any advertisement, pamphlet, pros- 
 pectus, or circular concerning any security contains any statement that is false or mis- 
 leading, or otherwise likely to deceive a reader thereof, issues, circulates, or publishes 
 the same, or shall cause the same to be issued, circulated, or published, or who, in any 
 other respect wilfully violates, or fails to comply with any of the provisions of this act 
 or who, in any other respect, wilfully violates or fails, omits, or neglects to obey, 
 observe, or comply with any order, permit, decision, demand, or requirement, or any 
 part or provision thereof of the commissioner under the provisions of this act, is guilty 
 of a public offense and shall be punished by imprisonment in the state prison not ex- 
 ceeding five years, or in a county jail not exceeding two years, or by a fine not exceed- 
 ing five thousand dollars, or by both such fi.ne and imprisonment. 
 
 State corporation department created. 
 
 $ 15, There is hereby created a state corporation department. The chief officer of 
 such department shall be the commissioner of corporations. He shall be appointed by 
 the governor and hold office at the pleasure of the governor. He shall receive an annual 
 salary of five thousand dollars, to be paid monthly out of the state treasury upon a 
 warrant of the controller. He shall within fifteen days from the time of notice of his 
 appointment take and subscribe to the constitutional oath of office and file the same 
 in the office of the secretary of state and execute to the people of the state a bond in 
 the penal sum of ten thousand dollars with corporate security or two or more sureties, 
 to be approved by the governor of the state, for the faithful discharge of the duties of 
 his office. 
 
 Clerks and deputies. Duty of attorney general 
 
 ^ 16. The commissioner shall employ such clerks and deputies as he may need to 
 discharge in proper manner the duties imposed upon him by law. The attorney-general 
 shall render to the commissioner opinions upon all questions of law, relating to the 
 construction or interpretation of this act or arising in the administration thereof, that 
 may be submitted to him by the commissioner, and shall act as the attorney for the 
 commissioner in all actions and proceedings brought by or against him under or pur- 
 suant to any of the provisions of this act. Neither the commissioner nor any of his 
 clerks or deputies shall be interested in any company which shall have applied for or 
 secured a permit to sell securities, or in any broker, or agent as a director, stockholder 
 officer, member, agent, or emplo^'ee. Such clerks and deputies shall perform such 
 
 J
 
 1215 INVESTMENT COMPANIES. Act 2236. e§ 17. IS 
 
 duties as the commissioner shall assign to them. He shall fix the compensation of such 
 clerks and deputies, which compensation shall be paid monthly, on the certificate of 
 the commissioner and on the warrant of the controller, out of the state treasury. Each 
 deputy shall, within (if teen days after his appointment, take and subscribe to the con- 
 stitutional oath of office, and file the same in the office of the secretary of state. 
 
 Powers of commissioner. 
 
 $ 17. The commissioner shall at all times have the power to administer oaths and 
 to make an examination or investigation of the books, records, accounts, and other 
 papers, and of the business of any company, broker, or agent permitted or authorized 
 by him to sell securities, to make dividends, to create debts, to divide, withdraw, or pay 
 to the stockholders, or any of them, any part of its capital stock, or to increase or 
 reduce its capital stock. In any examination, audit, or investigation made or hearing 
 conducted by him, he shall have the power to take the testimony of any witness and 
 to issue subpoenas requiring the attendance upon such examination, audit, investiga- 
 tion, or hearing in any part of the state of witnesses and the production of books, docu- 
 ments, and other things under their control, and in any such case to take or cause to 
 be taken the deposition of any witness residing within or without this state. All of the 
 provisions of Chapter II of Title III of Part IV of the Code of Civil Procedure, relat- 
 ing to the means of production of evidence out of court, shall be applicable to any 
 examination, investigation, or hearing under this act. No person shall be excused from 
 testifying or from producing any book, document, or other thing under his control upon 
 any such examination, audit, investigation, or hearing upon the ground that his 
 testimony, or the book, document, or other thing required of kim, may tend to incrimi- 
 nate him, or may have a tendency to subject him to punishment for a felony, or to a 
 penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any 
 penalty or forfeiture for or on account of any act, transaction, matter, or thing concern- 
 ing which he shall have been so compelled to testify under oath, or to produce such 
 documentary or other evidence; provided, that no person so testifying shall be exempt 
 from prosecution or punishment for perjury if committed by him in his testimony. The 
 authority to make or conduct any such examination, audit, investigation, or hearing, 
 including the authority to administer oaths, and to subpoena witnesses and take their 
 testimony, may be delegated by the commissioner to any deputy or examiner appointed 
 by him for that purpose. Such appointment shall be made by an instrument in writing, 
 signed by the commissioner under his official seal, and upon such examination, audit, 
 investigation, or hearing, the same shall be produced by such deputy or examiner at 
 any time upon demand therefor. 
 
 Service of process. 
 
 ^ 18. In any action or proceeding commenced or prosecuted in this state against 
 any corporation or association which shall have appointed the commissioner its attor- 
 ney, as provided in section three of this act, and in any action or proceeding com- 
 menced or prosecuted in this state, arising out of or founded upon the actual fraud of 
 any corporation or association which shall have appointed the commissioner its attor- 
 ney, as provided in section five of this act, service of process may be made upon the 
 commissioner. In any such case, the commissioner shall forthwith forward by mail, 
 postage prepaid, to the person designated by such corporation or association by an 
 instrument in writing duly executed by it and filed with the commissioner, at the 
 address stated in such instrument, or, if no such designation has been made, to the sec- 
 retary of such corporation or association at its last known post-office address, a copy 
 of such process; whereupon, and upon the payment of the fee herein provided for, 
 service of such process ui>on sucli company shall be doomed to be complete and to be 
 personal service upon such corporation or association, with the same effect as if said
 
 Act 2236, §§ 19, 20 GKNERAI, LAWS. 1216 
 
 corporation or association were organized or incorporated under the laws of this state 
 and had been lawfully served with process therein. Thd certificate of the commissioner, 
 under his official seal, of such service, shall be competent and sufficient proof thereof. 
 
 Offices. 
 
 ^ 19. The commissioner shall have his principal office in the city of Sacramento, and 
 may establish branch offices in the city and county of San Francisco and in the city of 
 Los Angeles, and he shall from time to time obtain the necessary furniture, stationery, 
 fuel, light, and other proper conveniences for the transaction of the business of the 
 department; the expenses of which shall be paid out of the state treasury on the certifi- 
 cate of the commissioner and the warrant of the controller. 
 
 Fees. 
 
 ^ 20. The commissioner shall charge and collect the following fees: 
 
 1. For filing any application for a permit to issue securities, ten dollars, plus — 
 One twentieth of one per cent of the amount of any excess of the aggregate value of 
 
 the securities sought to be issued over twenty thousand dollars and not exceeding fifty 
 thousand dollars; 
 
 One twenty-fifth of one per cent of such amount in excess of fifty thousand dollars 
 and not exceeding one hundred thousand dollars; 
 
 One fiftieth of one per cent of such amount in excess of one hundred thousand dollars 
 and not exceeding five hundred thousand dollars; and 
 
 One one-hundredth of one per cent of such amount in excess of five hundred thousand 
 dollars. 
 
 The value of such securities shall be deemed to be their par or face value, if they 
 have a par or face value ; otherwise, the price at which the company proposes to sell or 
 issue the same, or the value, as alleged in the application, of the cosideration (if other 
 than money) to be received in exchange therefor. 
 
 2. For filing anj'^ application for a permit or other authority to make dividends, create 
 debts, or to divide, withdraw, increase, reduce or pay to the stockholders, or any of 
 them, the capital stock, or any part thereof, the same amount that would otherwise be 
 chargeable or collectible if such application were for a permit to issue securities; pro- 
 vided that in any such case the value shall be determined by the amount of dividends 
 made, debts created, or capital stock divided, withdrawn, increased, reduced, or paid. 
 
 3. For filing any application for a broker's certificate, five dollars. 
 
 4. For filing any application for an agent's certificate, one dollar. 
 
 5. For any examination, audit, or investigation, ten dollars per day or fraction 
 thereof, if made by the commissioner, or the actual amount of the salary or other com- 
 pensation, not exceeding ten dollars per day, paid to any deputy or other employee of 
 the commissioner, if made by a deputy or other employee, for each day or fraction 
 thereof that such commissioner, deputy, or other employee shall necessarily be absent 
 from his office for the purpose of making such examination, audit, or investigation, plus 
 the actual amount of traveling expenses reasonably incurred in the performance of 
 such work. 
 
 6. For copies of papers and records not required to be certified or otherwise authen- 
 ticated by the commissioner, ten cents for each folio. 
 
 7. For certified copies of official documents, orders, and other papers filed in his 
 office; for making and mailing copies of process served upon him under the provisions 
 of section eighteen of this act, and for transcripts on appeal, fifteen cents for each 
 folio and one dollar for each certificate under seal affixed thereto. 
 
 8. For certificate of service and mailing of process served upon the commissioner 
 under the provisions of section eighteen of this act, two dollars. 
 
 No fees shall be charged or collected for copies of papers, records, or official docu-
 
 1217 INVESTMENT COMPANIES. Act 2236, §§ 21-24 
 
 ments furnished to public oflficers for use in their official capacity or for the reports of 
 the commissioner in the ordinary course of distribution; but the conunissioner may fix 
 a reasonable charge for publication issued under his authority. 
 
 "Corporation commission fund." 
 
 All fees charged and collected under this section shall be paid at least once each 
 week, accompanied by a detailed statement thereof, into the treasury of the state to 
 the credit of a fund to be known as the "corporation commission fund," which fund 
 is hereby created. 
 
 Appropriated for use of commissioner. Revolving fund. 
 
 ^ 21. All moneys which shall be paid into the state treasury and credited to the "cor- 
 poration commission fund" are hereby appropriated to be used by the commissioner in 
 carrying out the provisions of this act; and the controller shall draw his warrant on 
 said fund from time to time in favor of the commissioner for the amounts expended 
 under his direction, and the treasurer shall pay the same. The commissioner may, with 
 the consent of the board of control, withdraw from said fund a sum not exceeding one 
 thousand dollars, to be used as a revolving fund where cash advances are necessary. 
 The commissioner must account for the sum withdrawn for said revolving fund at any 
 time upon demand of the board of control. 
 
 Seal 
 
 ^ 22. The commissioner shall adopt a seal bearing the following inscription: **Com- 
 missioner of Corporations State of California." The seal shall be affixed to all writs, 
 orders, permits, and certificates issued by him, and to such other instruments as he 
 shall direct. All courts shall take judicial notice of said seaL 
 
 Copies of orders, etc. 
 
 ij 23. The commissioner may execute in duplicate any order, finding, or permit issued 
 by him, and each of such parts shall be deemed to be an original. An original of 
 every such order, finding, or permit shall be retained and preserved by him in his office. 
 Copies of all documents, orders, and permits made, executed, '^r issued by the commis- 
 sioner, and of all papers filed in his office, when certified by the commissioner under his 
 official seal, shall be received in evidence in all cases in like manner and with the same 
 pff-.ct as the originals. Any order or permit issued by the commissioner, or a copy 
 thereof certified by the commissioner under his official seal, to be a true copy of the 
 original order or permit, may be recorded in the office of the county recorder of the 
 county in which is located the principal place of business of the company affected 
 thereb}' or in which is situated any property of such company, and such record shall 
 impart notice of such order or permit, and of all its provisions, to all persons. A certifi- 
 cate under the seal of the commissioner that any such order or permit has not been 
 amended, altered, revoked, or suspended may also be recorded in the same offices and 
 with like effect. 
 
 Official reports prima facie evidence. 
 
 ^ 24. Every official report made by the commissioner, and every report, duly verified, 
 made to him by any deputy, clerk, or other person employed by him, of any examination, 
 audit, or investigation made by him or under his direction, and copies of such reports, 
 certified by the commissioner, shall be prima facie evidence of the facts therein stated 
 for all purposes in any action or proceeding wherein any company, broker, agent, or 
 the commissioner is a party. 
 Gen. Laws — 77
 
 Act 2236, es 25-28 GENERAL LA\%'S. 1218 
 
 Subscription for shares prior to incorporation. Election of ofl&cers prior to issuing 
 
 shares. 
 
 J 25. Neither this act nor any provision hereof shall be deemed to prohibit subscrip- 
 tions for shares of a corporation made prior to the incorporation thereof and set forth 
 in its articles of incorporation; but such subscriptions shall be deemed to have been 
 made and accepted upon the condition that such coiporation, when incorporated, shall 
 with reasonable diligence apply for and secure from the commissioner a permit author- 
 izing the issue of the shares so subscribed for, in accordance with such subscriptions. 
 The directors or trustees named in the articles of incorporation may, prior to the issue 
 of any shares, organize by the election of a president, who must be one of their number, 
 a secretary and a treasurer; and such directors, or a majority of them, or such president 
 and secretary may, in the name of and in behalf of the corporation, present an applica- 
 tion to the commissioner as herein provided. 
 
 Acts continued. 
 
 ^ 2G. This act, in so far as it does not add to, take from, or alter an act entitled 
 "An act to define investment companies, investment brokers, and agents; to provide 
 for the regulation, supervision and licensing thereof; to provide penalties for the viola- 
 tion thereof; to create the office of commissioner of corporations, and making an appro- 
 priation therefor," approved May 28, 1913, as amended by an act entitled "An act to 
 amend section three of an act entitled 'An act to define investment companies, invest- 
 ment brokers, and agents; to provide for the regulation, supervision and licensing 
 thereof; to provide penalties for the violation thereof; to create the oflSce of commis- 
 sioner of cori^orations, and making an appropriation therefor,' approved May 28, 
 ] 913, ' ' approved June 3, 1915, shall be construed as a continuation thereof. 
 
 Decisions, etc., continued in force. 
 
 All decisions, orders, rules, findings, certificates, or permits heretofore made or 
 issued, and acts done by the commissioner, shall continue in force and have the same 
 effect as if they had been lawfully made, issued, or done under the provisions of 
 this act. 
 
 Appeals not affected. Examination, etc., continued to final determination. 
 
 This act shall not affect any appeal pending from any decision of the commissioner, 
 or any proceeding to which he, in his official capacity, is a party; but the same may be 
 prosecuted or defended with the same effect as if this act had not been passed. Any 
 examination, audit, or investigation undertaken, commenced, or prosecuted prior to the 
 taking effect of this act may be conducted to a final determination in the same manner 
 and with the same effect as if it had been undertaken, commenced, or prosecuted under 
 the provisions of this act, and in the manner herein provided. No action or proceeding, 
 either civil or criminal, or cause of action arising under any law of this state shall 
 abate by reason of the passage of this act, but actions or proceedings may be com- 
 menced and prosecuted upon such causes in the same manner and with the same effect 
 as if this act had not been passed. 
 
 Foreign and interstate commerce. 
 
 $ 27. Neither this act nor any provision hereof shall apply to or be construed as a 
 regulation of commerce with foreign nations or among the several states, except in so 
 far as the same may be permitted under the provisions of the constitution and the acts 
 of the congress of the United States. 
 
 Constitutionality. 
 
 ^ 28. If any section, subsection, sentence, clause, or phrase of this act is for any 
 reason held to be unconstitutional, such decision shall act affect the validity of the
 
 1219 INYO COrNTT. Act 2243 
 
 remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, sentence, clause, and phrase thereof irre- 
 spective of the fact that any one or more other sections, subsections, sentences, clauses, 
 or phrases be declared unconstitutionaL 
 
 Repealed. 
 
 $ 29. All acts and parts of acts inconsistent with the provisions of this act are 
 hereby repealed. 
 
 CHAPTER 169. 
 
 INYO COUNTY. 
 
 References: Boundaries, see Kerr's Cyc. Political Code, § 3922. 
 
 County government, see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 
 Fees, salaries, etc., see Kerr's Cyc. Political Code, §§ 4276, 4287, et seq. 
 
 Highways, see Kerr's Cyc. Political Code, §§ 2618, et seq. 
 
 Notaries public, see Kerr's Cyc. Political Code, §§ 791-793. 
 
 School funds, apportionment of, see Kerr's Cyc. Political Code, § 1858. 
 
 School teachers, see Kerr's Cyc. Political Code, § 1696. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2242. Trespassing Animals. 
 
 TRESPASSING ANIMALS. 
 
 ACT 2242 — An act to protect growing crops growing in the county of Inyo. 
 History: Approved March 28, 1872, Stats. 1871-72, p. 668. 
 
 This act extended the provisions of the repealed by the general estray law of 1897; 
 
 act of 1872 to Inyo county. — See Act 5245. but see editor's note to chapter on "Es- 
 
 Code commissioners' comment: The code trays." 
 commissioners say of this act that it was 
 
 CHAPTER 170. 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 References: Bonds of irrigation districts, investments in by banks. Insurance com- 
 panies, trust companies, etc., see Kerr's Cyc. Political Code, § 3480. 
 
 Bonds of irrigation districts, legal investment for mortgage insurance companies, 
 see Kerr's Cyc. Civil Code, § 453ee. 
 
 Bonds of irrigation districts, investment in of funds of insurance companies, see 
 Kerr's Cyc. Civil Code, § 421. 
 
 Irrigation flumes, rights and liabilities of owners in common, see Kerr's Cyc. Civil 
 Code, §§ 842, 843. 
 
 Irrigation canals, obstruction of public highways by, see Kerr's Cyc. Civil Code, 
 §551. 
 
 Malicious injury to works, see Kerr's Cyc. Penal Code, §§ 592, 607. 
 
 Water rights, acquisition of, see Kerr's Cyc. Civil Code, §§ 1410, et seq. 
 
 Water and canal corporations, see Kerr's Cyc. Civil Code, §§ 548, et seq. 
 
 See, generally, tits., "Canals"; "Drainage Districts"; "Conservation"; "Levee Dis- 
 tricts"; "Reclamation Districts"; "Storm Water Districts"; "Water Commis- 
 sion"; "Water Companies"; "Water Districts"; "Waters." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2258. Irrigation District Act of 1872. 
 2259. "Wright Act." 
 
 2266. "California Irrigation District Act" — "Bridgeford Act." 
 2266a. Irrigation Districts of Over 500,000 Acres. 
 2266b. "The California Irrigation Act" of 1919. 
 2266c. District Co-operation With Federal Reclamation Seevick. 
 2266d. Contracts With Federal Reclamation Service. 
 22666. Defining ' ' Private Irrigation Plant. ' ' 
 
 2266f. District Co-operation With Adjoining Districts ln Otheb SiAtiau 
 2266g. Drainage by Irrigation Districts. 
 2266h. Development of Electric Power.
 
 Act 2258 
 
 geive:ral laws. 
 
 1220 
 
 2266J. 
 
 2267. 
 
 2267a. 
 
 2267b. 
 
 2267c. 
 
 2267d. 
 
 2268. 
 
 2268a. 
 
 2268b. 
 
 2271. 
 
 2272. 
 
 2273. 
 
 2274. 
 
 2275. 
 
 2276. 
 
 2278. 
 
 2279. 
 
 2280. 
 
 2280a. 
 
 2281. 
 
 2282. 
 
 2283. 
 
 2284. 
 
 2285. 
 
 2285a. 
 
 2285b. 
 
 2286. 
 2287. 
 2288. 
 
 2289. 
 
 2290. 
 
 2291. 
 
 2292. 
 
 2293. 
 
 2294. 
 
 2294a. 
 
 2294b. 
 
 2294c. 
 
 2294(1. 
 
 2294e. 
 
 2294f. 
 
 2294g. 
 
 Assessment of State Land. 
 
 County Irrigation Districts. 
 
 Validation of County Irrigation Districts. 
 
 ' ' County Power Pumping District Act. ' ' 
 
 Dissolution of Irrigation Districts Act of 1919. 
 
 Dissolution of Irrigation Districts Act of 1903. 
 
 Funding Act of 1897. 
 
 Legalizing Irrigation Bonds. 
 
 Refunding Act of 1919. 
 
 Irrigation Bonds as Legal Investments. 
 
 Payment of Assessments in Installments. 
 
 Release of Liens Upon Cancellation of Bonds Voluntartlt Sueeendeksd. 
 
 Redemption of Property Sold for Delinquent AasEasMJiNTS. 
 
 Leasing Water for Power Development. 
 
 Contracts for Water for Irrigation. 
 
 Declaring Irrigation a Public Use. 
 
 'Oakdale Irrigation District" — Validation. 
 
 'West Side Irrigation District." 
 
 'West Side Irrigation District" — Validation. 
 
 ' Modesto Irrigation District. ' ' 
 
 'Modesto Irrigation District" — Validation. 
 
 ' TuRLOCK Irrigation District ' ' — Validation. 
 
 'South San Joaquin Irrigation District "^Validation. 
 
 ' Imperial Irrigation District ' ' — Validation. 
 
 ' Imperial Irrigation District ' ' — Legalizing Bonds. 
 
 'Imperial Irrigation District" — Purchase of Bonds of Califoenia Develop- 
 ment Company. 
 
 'San Ysidro Irrigation District" — Validation. 
 
 ' Anderson-Cottonwood Irrigation District ' ' — Validation. 
 
 'La Mesa, Lemon Grove, and Spring Valley Irrigation District" — Valida- 
 tion. 
 
 ' Waterford Irrigation District" — Validation. 
 
 'Carmichael Irrigation District" — Validation. 
 
 ' Happy Valley Irrigation District ' ' — Validation. 
 
 ' Paradise Irrigation District ' ' — Validation. 
 
 'Stratford Irrigation District" — Validation. 
 
 ' Terra Bella Irrigation District ' ' — Validation. 
 
 ' Lindsay-Strathmore Irrigation District ' ' — Validation. 
 
 'Baxter Creek Irrigation District" — Validation. 
 
 ' Princeton-Codora-Glenn Irrigation District" — Vaudation. 
 
 'Red Rock Creek Irrigation District" — Validation. 
 
 ' Tranquillity Irrigation District ' ' — Validation. 
 
 'Fair Oaks Irrigation District" — Validation. 
 
 'Jacinto Irrigation District" — Validation. 
 
 IRRIGATION DISTRICT ACT OF 1872. 
 
 ACT 2258 — An act to promote irrigation. 
 
 History: Approved April 1, 1872, Stats. 1871-72, p. 945. 
 
 Code commissioners' note: "Seems neces- ing or modifying the provisfona of any act 
 
 sarily inconsistent witli the Wright act, relating to irrigation or water commission- 
 
 1887, p. 29, chapter XXXIV [Act 2259], but ers; also, with statute of 1897, p. 254, which 
 
 that statute, in § 46, declares that none of also contains same reservations as to its 
 
 Its provisions shall be construed as repeal- repealing effect."
 
 1221 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 Act 2259 
 
 'WRIGHT ACT." 
 ACT 2259— An act to provide for the organization and government of irrigation dis- 
 tricts, and to provide for the acquisition of water and other property, and for the dis- 
 tribution of water for irrigation purposes. 
 
 History: Approved March 7, 1887, Stats. 1887, p. 29. Amended (1) 
 February 16, 1889, Stats. 1889, p. 15; (2) March 20. 1891, Stats. 1891, 
 p. 142; (3) March 20, 1891, Stats. 1891, p. 147; (4) March 31, 1891, 
 Stats. 1891, p. 244; (5) March 11, 1893, Stats. 1893, p. 175; (6) March 25, 
 1893, Stats. 1893, p. 516; (7) March 31, 1897, Stats. 1897, p. 240. Supple- 
 mented (1) February 16, 1889, Stats. 1889, p. 18; (2) February 16, 
 1889, Stats. 1889, p. 21; (3) March 16, 1889, Stats. 1889, p. 212; (4) 
 March 23, 1893, Stats. 1893, p. 276; (5) March 25, 1893, Stats. 1893, 
 p. 520; (6) March 26, 1895, Stats. 1895, p. 127; (7) April 1, 1897, Stats. 
 1897, p. 394. This act, as well as all amendatory and supplemental 
 acts, except the supplementary act of 1897 (Act 2268), were repealed 
 as to inconsistent provisions by the act of 1897 (Act 2266). 
 
 I. CONSTITUTIONALITY. 
 
 1. Wright act is constitutional. — The 
 
 Wright act is not violative of either the 
 constitution of the United States or of the 
 state of California. — In re Central Irr. Dist., 
 117 Cal. 382, 49 Pac. 354. 
 
 la. Same. — The act is constitutional and 
 the districts are public corporations. — 
 Crall V. Poso Irr. Dist., 87 Cal. 140, 26 Pac. 
 797. 
 
 2. Same — "Due process." — If the land- 
 owner is allowed a hearing before the as- 
 sessment becomes final the creation of the 
 lien is not a taking of property without 
 due process of law. — In re Madera Irr. Dist., 
 92 Cal. 296, 27 Am. St. Rep. 106, 14 L. R. A. 
 755, 28 Pac. 272, 675. 
 
 2a. Same — Same. — The act violates due 
 process and can not be sustained under the 
 power of assessment for local improvements, 
 where the supervisors are given no power 
 of adjudicating the merits and the land- 
 owners given no opportunity to contest the 
 validity of the petition, or the proceed- 
 ings thereunder the proposed result of 
 which is the taking of private property. — 
 Bradley v. Fallbrook, etc., Dist., 68 Fed. 
 948. 
 
 2b. Same — Adjudication by supervisors — 
 Opportunity of landowners to contest. — 
 The fatal defect in the foundation of the 
 proceedings under the act arising from 
 failure to give the supervisors the power 
 of adjudicating the merits of the petition 
 and the landowners an opportunity to con- 
 test its validity, is not cured by the pro- 
 vision allowing the landowner to be heard 
 as to valuation, or by the confirmation act 
 ^Stats. 1889, p. 212) in which the super- 
 visors are authorized to institute special 
 proceedings to determine the validity of 
 the proceedings. — Bradley v. Fallbrook, 
 etc., Dist., 68 Fed. 948. 
 
 3. Same — Not special legislation. — Sec- 
 tion 32 of the Wright act is not special 
 legislation and is constitutional. — Escondido 
 High School V. Escondido Seminary, 130 
 Cal. 128, 62 Pac. 401. 
 
 4. Sanie — Organization and government 
 of districts — Condemnation of private prop- 
 erty. — The provisions as to organization 
 and government of districts, and the pro- 
 visions as to the condemnation of private 
 
 property, etc., are constitutional. — Turlock 
 Irr. Dist. v. Williams, 76 Cal. 360, 18 Pac. 
 379. 
 
 4a. Same — Taking of private property 
 for private use. — The taking of private 
 property in irrigation districts under this 
 act for the purpose of furnishing water to 
 the landowners alone, and not for general 
 use of all inhabitants of the district on 
 equal terms is not a taking for a public 
 use such as to justify the exercise of emi- 
 nent domain. — Bradley v. Fallbrook, etc., 
 Co., 68 Fed. 948. 
 
 5. Same — Same. — The Wright act is con- 
 stitutional, within the enacting power of 
 the legislature and its provisions as to the 
 organization of districts, and the making 
 of assessments are valid. — In re Madera Irr. 
 Dist., 92 Cal. 296, 27 Am. St. Rep. 106, 14 
 L. R. A. 755, 28 Pac. 272, 675. 
 
 5a. Same — Upheld in vie-w of California 
 decisions. — The supreme court of the 
 United States will not hold the Wright 
 act unconstitutional in view of the re^ 
 peated decisions of the supreme court of 
 California upholding that act. — Fallbrook- 
 etc., Dist. v. Bradley, 164 U. S. 112, 41 
 L. ed. 369, 17 Sup. Ct. 56. 
 
 5b. Same — Decisions of state courts. — 
 Decisions of state courts that state legis- 
 lation on the subject of irrigation dis- 
 tricts violates the federal constitution are 
 entitled to great respect, but do not re- 
 lieve the federal courts from the duty of 
 exercising an independent judgment with 
 reference to the subject. — Bradley v. Fall- 
 brook, etc., Dist., 68 Fed. 948. 
 
 5c. Same— Fourteenth amendment. — The 
 Wright act does not violate any of the 
 rights guaranteed by the fourteenth amend- 
 ment to the federal constitution. — Fall- 
 brook, etc., Dist. V. Bradley, 164 U. S. 112, 
 41 L. ed. 309, 17 Sup. Ct. 56. 
 
 6. Same — Subdivision 7, section 30. — Sub- 
 division 7 of section 30 of the Wright act 
 may be reasonably construed as referring 
 to proceedings other than those as to which 
 the tax deed is prima facie evidence, and 
 so construed it is constitutiona,l and valid. 
 Escondido High School v. Escondido Semi- 
 nary, 130 Cal. 128, 62 Pac. 401. 
 
 7. Same — Po^ver to hypothecate properly 
 as additional security for lio-nU.s. — The i)i-o-
 
 Act 2258 
 
 GENERAL LAWS. 
 
 1222 
 
 vision of section 17 of the Wright act, 
 which purports to authorize the directors 
 of an irrigation district to pledge the prop- 
 erty of the district by mortgage, deed of 
 trust, or otherwise, as additional security 
 for the payment of its bonds, is unconsti- 
 tutional and Invalid. — Merchants, etc.. Bank 
 V. Bscondldo Irr. Dist., 144 Cal. 329, 77 Pac. 
 937. 
 
 8. Same — Section IS, article XI, of the 
 conMtltution, does not apply. — The provision 
 of section 18, article XI, of the constitution, 
 requiring a two-thirds vote to authorize 
 an indebtedness of a public corporation does 
 not apply to irrigation districts, and the 
 Wright act Is not obnoxious to that pro- 
 vision. — In re Madera Irr. Dist., 92 Cal. 
 296, 27 Am. St. Rep. 106, 14 L. R. A. 755, 28 
 Pac. 272, 675. 
 
 0. Conflrmatory act of 1889 is constitn- 
 tional and valid. — The confirmatory act of 
 1889 (Stats. 1889, p. 212) is constitutional 
 and valid. — People v. Linda Vista Irr. Dist., 
 128 Cal. 477, 61 Pac. 86. 
 
 10. Same — Determination of rights of 
 property in advance of controversy. — The 
 supplemental act of 1889 (Stats. 1889, p. 
 212) is not unconstitutional on the ground 
 that it authorizes a court to hear and deter- 
 mine what will be the rights of the parties 
 interested in the bonds, in advance of any 
 controversy as to such rights. — Cullen v. 
 Glendora Water Co., 113 Cal. 503, 39 Pac. 
 769, 45 Pac. 822, 1047. 
 
 11. Act of 1889 — Provision as to nevr 
 trials, unconstitutional. — The unconstitu- 
 tionality of the provision of the supple- 
 mental act of 1889 (Stats. 1889, p. 212) re- 
 lating to motions for new trial does not 
 affect the other provisions of the act so far 
 as they apply to a class of special proceed- 
 ings distinguished from all other classes 
 by attributes which reasonably require the 
 peculiarities of practice provided. — Cullen 
 V. Glendora Water Co., 113 Cal. 503, 39 Pac. 
 769, 45 Pac. 822, 1047. 
 
 11a. Sante — No longer federal question 
 — Removal of cause. — The Wright act has 
 been adjudged constitutional by the su- 
 preme court of the United States, and its 
 constitutionality is no longer a federal 
 question authorizing the removal of 'a 
 cause raising the question of such con- 
 stitutionality to the federal court. — Peo- 
 ple V. Brown Valley, etc., Dist., 119 Fed. 
 535. 
 
 II. QUASI PUBLIC CORPORATION. 
 
 12. Nature of irrigation district. — An Ir- 
 rigation district organized under this act Is 
 a quasi public corporation, in that they are 
 organized for a public use and for a public 
 purpose, and for the general public benefit. 
 Turlock Irr. Dist. v. Williams, 76 Cal. 360, 
 18 Pac. 379. 
 
 13. Same. — Irrigation districts are pub- 
 lic corporations. — Central Irr. Dist. v. De 
 Lappe, 79 Cal. 357, 21 Pac. 825. 
 
 14. Same. — An irrigation district organ- 
 ized under the Wright act is a public cor- 
 poration and its officers are state officers. — 
 In re Madera Irr. Dist., 92 Cal. 296, 27 Am. 
 St. Rep. 106, 14 L. R. A. 755, 28 Pac. 272, 675. 
 
 15. Same. — An Irrigation district Is a 
 public corporation and its officers are pub- 
 lic officers. — Boehmer v. Big Rock Irr. 
 Dist., 117 Cal. 19, 49 Pac. 908; Perry v. Otay 
 Irr. Dist., 127 Cal. 565, 60 Pac. 40. 
 
 16. Same — Can not be dissolved by Ju- 
 dicial action, in absence of statutory au- 
 thority. — An Irrigation district organized 
 under the Wright act Is a public corpora- 
 tion, and can not be dissolved by the court 
 on the ground of misuser in the absence of 
 a statute conferring the power to dissolve 
 It on that ground. — People v. Selma Irr. 
 Dist., 98 Cal. 206, 32 Pac. 1047. 
 
 17. Same — Povrer to sell lands unneces- 
 sary to scheme. — An irrigation district or- 
 ganized under the Wright act is a public 
 corporation and acquires title to all the 
 property purchased for the district or vest- 
 ing in it by operation of law, in trust for 
 the purposes set forth in the act, and where 
 some of such lands have become unneces- 
 sary to the irrigation scheme, because of 
 a change in the plans, the district has no 
 power to sell such lands, and they are ex- 
 empt from execution, levy and sale, equally 
 with the other lands of the district. — Tulare 
 Irr. Dist. v. Collins, 154 Cal. 440, 97 Pac. 
 1124. 
 
 18. Same — Record of boundaries con- 
 structive notice. — Upon its organization an 
 Irrigation district under the Wright act 
 became prima facie a quasi municipal cor- 
 poration, with defined boundaries estab- 
 lished and recorded, and the record thereof 
 constituted constructive notice of Its 
 boundaries. — Fogg v. Perrls Irr. Dist., 154 
 Cal. 209, 97 Pac. 316; People v. Perris Irr. 
 Dist., 154 Cal. 209, 97 Pac. 316. 
 
 III. PROCEDURE. 
 ISa. Construction. — The proceedings for 
 the formation of irrigation districts under 
 the act are to be liberally construed to ef- 
 fect their purpose. — Central Irr. Dist. v. 
 De Lappe, 79 Cal. 351. 21 Pac. 825. 
 
 a. Petition. 
 
 19. Who may be signers — Ovrners of 
 agricultural lands. — Signers of a petition to 
 form an irrigation district under the Wright 
 act must be bona fide owners of agricul- 
 tural lands, and owners of town lots are 
 not qualified to sign the petition. — In re 
 Central Irr. Dist., 117 Cal. 382, 49 Pac. 354. 
 
 20. Same — Full proprietorship and do- 
 minion. — An owner within the meaning of 
 the Wright act in fixing the qualifications 
 of tiiose who may sign a petition for the 
 organization of an irrigation district under 
 that act, is one who has full proprietorship 
 and dominion over land in the district pro- 
 posed to be organized. — Fallbrook Irr. Dist. 
 V. Abila, 106 Cal. 355, 39 Pac. 794. 
 
 21. Same— Otvners of residence lots In 
 toTrns and cities. — Whether the owners of 
 small residence lots in towns and cities, and 
 several tenants in common, are qualified to 
 sign a petition to organize an irrigation 
 district, considered but not decided. — Fall- 
 brook Irr. Dist. v. Abila, 106 Cal. 355, 39 
 Pac. 794. 
 
 22. Same — Married tvoiiiuii oxxiiiiig com-
 
 1223 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 Act 2259 
 
 mnnitr property. — A married woman Is not 
 qualified to sign a petition to organize an 
 irrigation district under the Wriglit act, as 
 the owner of community property. — Fall- 
 brook Irr. DIst. V. Abila, 106 Cal. 355, 39 
 Pac. 794. 
 
 23. Same — Holder of mere certificate of 
 purchase of school land. — A holder of a 
 mere certificate of purchase of school land, 
 on which he has paid twenty per cent of 
 the purchase price is not qualified, as a 
 freeholder, to sign a petition for the or- 
 ganization of an irrigation district under 
 the Wright act. — Fallbrook Irr. Dist. v. 
 Abila, 106 Cal. 355, 39 Pac. 794. 
 
 23a. "Where signers are not bona fide 
 owners. — "Where a majority of those who 
 signed the petition for the formation of an 
 irrigation district under the Wright act 
 were not bona fide freeholders in the dis- 
 trict, but only temporarily so for the pur- 
 pose of signing and presenting the petition, 
 that fact would be sufficient to declare the 
 organization invalid in a confirmatory pro- 
 ceeding, but would not render the organi- 
 zation of the district void, but only void- 
 able, and the court would not be deprived 
 of jurisdiction to render a confirmatory de- 
 cree, nor would it be sufficient to set aside 
 the confirmatory decree. — Fogg v. Perris 
 Irr. Dist., 154 Cal. 209, 97 Pac. 316; People 
 V. Perris Irr. Dist., 154 Cal. 209, 97 Pac. 316. 
 
 23b. Where petition signed by less than 
 required number of qualified signers.^ 
 Where a petition to organize an irrigation 
 district under the Wright act was signed by 
 only fifty-one persons, if any two of such 
 persons were not qualified, a motion grant- 
 ing a new trial of a proceeding under the 
 confirmatory act confirming such organiza- 
 tion must be approved on appeal. — Fall- 
 brook Irrigation Dist. v. Abila, 106 Cal. 
 355, 39 Pac. 794. 
 
 b. Boundaries. 
 
 24. Sufficiency — Definiteness. — The 
 boundaries of the proposed district need 
 not be set forth in the petition with greater 
 particularity than is required for the crea- 
 tion of a political district or a municipal 
 corporation, and if the boundaries as given 
 are not too indefinite to be capable of lo- 
 cation, and do not fail to embrace a definite 
 and distinct territory, the supervisors ac- 
 quire jurisdiction. — In re Madera Irr. Dist., 
 92 Cal. 296, 27 Am. St. Rep. 106, 14 L. R. A. 
 755, 28 Pac. 272, 675. 
 
 25. Same — Same. — If the landmarks 
 called for in the petition can be found on 
 the ground the description Is sufficiently 
 definite, in the absence of evidence that such 
 landmarks can not be found, and if it does 
 not appear that the description In the 
 order calling the election varies from or Is 
 less definite than that in the petition. — 
 Cullen V. Glendora Water Co., 113 Cal. 503, 
 39 Pac. 769, 45 Pac. 822, 1047. 
 
 26. Same. — A description of the bound- 
 aries of the district by metes and bounds, 
 which would be sufficient in a deed, is 
 sufficient in an order establishing the 
 boundaries. — Central Irr. Dist. v. De Lappe, 
 79 Cal. 351, 21 Pac. 825. 
 
 27. Public land situated within bound- 
 aries, non-assessable. — The public lands 
 of the United States situated within the 
 exterior boundaries of an irrigation dis- 
 trict is not a part of the district, subject 
 to assessment for its proportion of the lia- 
 bilities of the district, and neither the 
 state nor its agencies can impose a tax, 
 assessment or liability upon it, and so long 
 as it remains public land no liability can 
 be created by the state or district against 
 it. — Nevada National Bank v. Poso Irr. 
 Dist., 140 Cal. 344, 73 Pac. 1056. 
 
 28. Incorporation of public land does 
 not invalidate organization. — The incor- 
 poration of public land in an irrigation 
 district organized under the Wright act 
 does not render the organization invalid. — 
 Cullen V. Glendora Water Co., 113 Cal. 506, 
 39 Pac. 769, 45 Pac. 822, 1047. 
 
 29. City or town may be Included. — An 
 irrigation district organized under this act 
 may include a city or town. — Board of Di- 
 rectors V. Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 30. Inclusion of city or town does not 
 invalidate organization. — The inclusion of 
 a municipal corporation in an irrigation 
 district organized under the Wright act 
 does not invalidate the organization. — In 
 re Madera Irr. Dist., 92 Cal. 296, 27 Am. 
 St. Rep. 106, 14 Li. R. A. 755, 28 Pac. 272, 
 675. 
 
 31. Board may make changes — Inclusion 
 of lands does not invalidate organization. 
 — The board is empowered by section 2 of 
 the act to make such changes in the 
 boundaries as they think proper, and where 
 they include lands upon the application of 
 owners, not made in writing, the organiza- 
 tion of the district is not invalidated. — 
 Central Irr. Dist. v. De Lappe, 79 Cal. 351, 
 21 Pac. 825. 
 
 32. Same — Exclusion does not invalidate 
 organization, even though excluded lands 
 may be susceptible of cultivation. — The ex- 
 clusion of lands by the board, although 
 they may be susceptible of irrigation does 
 not invalidate the organization, although 
 in a proper proceeding the owners of such 
 lands might have them reincluded. — Cen- 
 tral Irr. Dist. v. De Lappe, 79 Cal. 351, 21 
 Pac. 825. 
 
 33. Same — Decision of board as to bene- 
 fits conclusive. — The decision of the board 
 of supervisors as to whether lands will or 
 will not be benefited by irrigation is final 
 and conclusive, and may not be reviewed 
 by the courts. — Board of Directors, etc. v. 
 Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 34. Same — Identity of district not de- 
 stroyed by exclusion. — The identity of the 
 district is not destroyed by the exclusion 
 of part of the lands therefrom, and if, at 
 the time of such exclusion, the district 
 owed no indebtedness, the inclusion would 
 violate no constitutional rights. — Board of 
 Directors v. Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 35. Same — Effect of change. — When the 
 boundaries of an irrigation district are 
 changed by regular and valid proceedings 
 for that purpose such change became a 
 matter of record, and a subsequent notice
 
 Aft 2250 
 
 GEJVKRAL LAWS. 
 
 1224 
 
 of the hearing of confirmatory proceed- 
 ings which designated the district by its 
 name, was sufficient. — Fogg v. Perris Irr. 
 Dist.. 154 Cal. 209, 97 Pac. 316; People v. 
 Perris Irr. Dist., 154 Cal. 209, 97 Pac. 316. 
 
 c. Notice of Hearing of Petition. 
 
 36. Provision as to publication of no- 
 tice mandatory. — The provision as to pub- 
 lication of notice of hearing of petition is 
 mandatory, and compliance therewith is 
 jurisdictional. — In re Central Irr. Dist., 117 
 Cal. 382, 49 Pac. 354. 
 
 37. Notice must be signed and authenti- 
 cated. — The notice of hearing of the peti- 
 tion must bear a proper authentication 
 and a mere unsigned and unauthenticated 
 notice is invalid. — In re Central Irr. Dist., 
 117 Cal. 382, 49 Pac. 354. 
 
 38. Petition and notice may be inclnded 
 in one paper. — The petition for the forma- 
 tion of an irrigation district under the 
 Wright act, and the notice of the hearing 
 of the petition may be included in a single 
 document, sufficient in form as a notice 
 and as a petition, and it may be published 
 as a notice, and presented to the board as 
 a petition. — Fogg v. Perris Irr. Dist., 154 
 Cal. 209, 97 Pac. 316. 
 
 39. Defect in notice cured by actual 
 knowledge. — A defect in the notice of hear- 
 ing of the petition can not be cured by 
 proof of actual knowledge, but it must be 
 a notice issued as the statute requires, 
 and by the persons authorized to issue it. — 
 In re Central Irr. Dist., 117 Cal. 382, 49 
 Pac. 354. 
 
 40. Slisrlit mistakes in notice, unimpor- 
 tant. — Slight mistakes in the spelling of 
 names in the publication of the petition, 
 are entirely unimportant. — Central Irr. 
 Dist. V. De Lappe, 79 Cal. 351, 21 Pac. 825. 
 
 41. Only petitioners empowered to pub- 
 lish notice. — The petitioners themselves are 
 the only ones empowered by the act to 
 publish the notice of hearing of the peti- 
 tion, and the board of supervision have no 
 power to do so. — In re Central Irr. Dist., 
 117 Cal. 382, 49 Pac. 354.* 
 
 d. Bond Accompanying Petition. 
 
 42. If bond not invalid, determination 
 of supervisors as to its sufficiency is con- 
 clusive. — If the bond accompanying the 
 petition is not invalid, and binds those 
 who signed it, the determination of the 
 board of supervisors as to its sufficiency is 
 conclusive, though it may be informal. — In 
 re Madera Irr. Dist., 92 Cal. 296, 27 Am. St. 
 Rep. 106, 14 L. R. A. 755, 28 Pac. 272, 675. 
 
 43. Condition for payment of all costs 
 includes required condition. — Where the 
 bond was conditioned upon the payment of 
 all costs in any event, it included the re- 
 quired condition that the bondsmen should 
 pay the costs "in case said organization 
 shall not be effected." — Central Irr. Dist. v. 
 De Lappe, 79 Cal. 351, 21 Pac. 825. 
 
 44. W'here bond merely defective, board 
 may order filing of new bond. — Where the 
 bond required by the statute was defective 
 merely the board was empowered to order 
 the filing of a new bond, and to continue 
 the hearing for that purpose, and, since 
 
 neither bond nor petition need be filed be- 
 fore the petition is present, the new bond 
 would "accompany" the petition on its pre- 
 sentation within the meaning of the 
 statute. — Central Irr. Dist. v. De Lappe, 79 
 Cal. 351, 21 Pac. 825. 
 
 45. Reference to petition held sufficient. 
 — A bond that recites two names as peti- 
 tioners, who signed tlie bond but did not 
 sign the petition, the bond being filed with 
 the petition, which was the only petition 
 present, is sufficient for the purpose of 
 identification. — Central Irr. Dist. v. De 
 Lappe, 79 Cal. 351, 21 Pac. 825. 
 
 e. Assessments. 
 
 46. Directors vested with exclusive 
 pov»-cr to levy assessments.^The Wrigh* 
 act has vested the board of directors with 
 the exclusive right to levy assessments 
 and to determine the percentage to be 
 levied upon tlie property of the district, 
 and the assessment must be uniform upon 
 all the property, and it is not within the 
 province of the court to declare the amount 
 which is to be raised, or ,to determine the 
 percentage for which the assessment should 
 be levied. — Boscowitz v. Thompson, 144 Cal. 
 724, 78 Pac. 290. 
 
 47. Same power vested in directors to 
 levy of nssessmeirts as is vested in super- 
 visors as to levy of taxes. — The Wright act 
 confers upon the directors the same power 
 to levy assessments for current expenses, 
 and for the care, operation, management 
 and improvement of the irrigation works, 
 as are possessed by boards of supervisors, 
 and the proposition to levy the assessment 
 must be submitted to and approved by the 
 property owners. — Tregea v. Owens, 94 Cal. 
 317, 29 Pac. 643. 
 
 48. Exorbitant assessments — Relief of 
 landowner. — If an assessment is exorbitant 
 the landowner must pay the amount the 
 board of directors had power to levy be- 
 fore he is entitled to equitable relief, that 
 amount being equally a matter of computa- 
 tion as exact as that showing that the 
 levy was higher than the board had power 
 to make. — Quint v. Hoffman, 103 Cal. 506, 37 
 Pac. 514, 777. 
 
 4Sa. Same — I^and can be required to bear 
 only its proportion of cost of improvement. 
 — Land subject to assessment under the 
 Colorado act (copy of Wright act) can be 
 required to bear only its proportion of the 
 cost of the improvement, and lands that 
 have paid an assessment can not be as- 
 sessed a second time to make up a de- 
 ficiency caused by tlie failure of some 
 lands to pay. — Norris v. Montezuma, etc., 
 Dist., 240 Fed. 825. 
 
 45). Licvy for dilVorent purposes In one 
 order. — A levy for different purposes may 
 be incorporated in one order. — Cooper v. 
 Miller, 113 Cal. 238. 45 Pac. 325. 
 
 49a. Mistake in name of owner — Assess- 
 ment not void or voidable. — An assessment 
 made by an irrigation district on property 
 belonging to the "regents of the Escondido 
 seminary" made to the "Escondido semi- 
 nary," is not void or voidable, in view of 
 the provisions of section 32 of the Wright 
 
 f 
 
 11 
 
 II
 
 1225 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 Act 2259 
 
 act. — Escondldo High School v. Escondido 
 Seminary, 130 Cal. 128, 62 Pac. 401. 
 
 49b. Single parcel of five lots covered 
 by livery stable. — For the purposes of as- 
 sessment and taxation for irrigation dis- 
 trict purposes under the Wright act five 
 entire lots upon which a livery stable ex- 
 tended over each, should be held to be a 
 single parcel of land and so assessed. — - 
 Cooper V. Miller. 113 Cal. 238, 45 Pac. 325. 
 
 49c. Poles, vi-ires and other appliances 
 of telegraph company not assessable. — 
 Poles, wires and other appliances, consti- 
 tuting a telegraph line passing through an 
 irrigation district upon the right of way 
 of a railroad company, but owned by a 
 telegraph company, constitute personal 
 property, and are not subject to taxation 
 by the district. — Western Union, etc., Co. v. 
 Modesto Irr. Co., 149 Cal. 662, 9 Ann. Cas. 
 1190, 87 Pac. 190. 
 
 50. Assessment not a tax. — The assess- 
 ment is not a tax and is not subject to 
 constitutional provisions respecting taxa- 
 tion, and it may be levied on tlie property 
 within the district without deducting ex- 
 isting mortgages. — Tregea v. Owens, 94 Cal. 
 317, 29 Pac. 643. 
 
 51. Exemption of municipalities. — The 
 exemption of municipalities from taxation 
 relates to state and county taxes and not 
 to assessments for public improvements 
 under general laws. — San Diego v. Linda 
 Vista Irr. Dist., 108 Cal. 189, 35 L. R. A. 33, 
 41 Pac. 291. 
 
 52. Same — Not extended beyond prop- 
 erty used for governmental property. — Im- 
 plied exemption of the property of a muni- 
 cipality from taxation should not be 
 extended to property not held or used for 
 municipal or governmental purposes. — San 
 Diego v. Linda Vista Irr. Dist., 108 Cal. 189, 
 35 L. R. A. 33, 41 Pac. 291. 
 
 53. Same — Pneblo lands of municipality. 
 — An assessment upon the pueblo lands of 
 a city is not a tax within the meaning of 
 section 1, article XIII of the constitution 
 exempting the property of municipal cor- 
 porations from taxation, such lands being 
 susceptible of cultivation and of benefit 
 from irrigation, and such lands may be 
 sold for unpaid assessments. — San Diego v. 
 Linda Vista Irr. Dist., 108 Cal. 189, 35 
 L. R. A. 33. 41 Pac. 291. 
 
 54. A.ssessnients io pay to interest on 
 bonds — Discretion of directors. — Section 22 
 of the Wright act allows the directors a 
 reasonable discretion in assessments to pay 
 interest on bonds, and does not confine 
 them to the exact amount of the interest. 
 — Escondido High School v. Escondido Sem- 
 inary, 130 Cal. 128, 62 Pac. 401. 
 
 55. Same — Same. — Section 22 of the 
 Wright act authorized an assessments suf- 
 ficient to raise the annual interest upon the 
 outstanding bonds, and the board has a 
 certain discretion as to the amount to be 
 raised, and the courts will not interfere 
 with its action unless it can be shown that 
 it has abused its discretion. — Boscowitz v. 
 Thompson, 144 Cal. 724, 78 Pac. 290. 
 
 50. Seme — San:e. — It is not necessary to 
 
 their validity that the method adopted for 
 the assessments, and their collection, must 
 be assimilated to and follow the constitu- 
 tional mode for the assessment and col- 
 lection of taxes. — Turlock Irr. Dist. v. 
 Williams, 76 Cal. 360, 18 Pac. 379. 
 
 57. Same — Same — Assessment in amount 
 larger than amount of interest. — Levy of 
 assessment to pay interest will be enjoined 
 where the amount of the assessment is so 
 largely in excess of the amount of the in- 
 terest as to make it appear that the direc- 
 tors abused their discretion. — Hughson v. 
 Crane, 115 Cal. 404, 147 Pac. 120. 
 
 58. Same — Same — Same. — The power of 
 the board of directors to levy an assess- 
 ment to pay interest on bonds is not re- 
 stricted to the levy of the exact amount of 
 the interest, but they have a discretion in 
 the matter which will not be interfered 
 with except in case of abuse. — Hughson v. 
 Crane, 115 Cal. 404. 147 Pac. 120. 
 
 59. Assessment under section 37 — Special 
 election. — An assessment levied for the 
 purpose specified in section 37 of the 
 Wright act, without calling a special elec- 
 tion, is invalid. — Tregea v. Owens, 94 Cal. 
 317, 29 Pac. 643. 
 
 59a. Suit to compel assessment to be 
 made — Demand neces.sary. — A demand is a 
 prerequisite to a suit to compel the levy of 
 an assessment to pay a judgment on the 
 bonds of an irrigation district. — Board of 
 Supervisors v. Thompson, 122 Fed. 860, 59 
 C. C. A. 70. 
 
 59b. Same — Judgment conclusive. — In a 
 suit for writ of mandamus to compel the 
 levy of a tax to pay bonds of an irrigation 
 district, a judgment is conclusive against 
 the board of supervisors and against the 
 property owners, as to all questions which 
 were or might have been litigated. — Board 
 of Supervisors v. Thompson, 122 Fed. 860, 
 59 C. C. A. 70. 
 
 f. Election. 
 
 CO. Publication of call for election. — The 
 act does not specify the number of times 
 the election proclamation is required to be 
 published, but only that it shall be pub- 
 lished three weeks before election. — Cen- 
 tral Irr. Dist. v. De Lappe, 79 Cal. 351, 21 
 Pac. 825. 
 
 61. Election notice — Posting. — Notice of 
 a special election under section 15 may be 
 properly given as that section provides to 
 the exclusion of the provision of section 5 
 as to posting of the general notice at the 
 office of the board. — Board of Directors, etc., 
 V. Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 62. Election precincts — No division in- 
 tended. — The legislature intended no di- 
 vision of the district when the election is 
 to be by the district at large. — Cullen v. 
 Glendora Water Co., 113 Cal. 503, 39 Pac. 
 769, 45 Pac. 822, 1047. 
 
 63. Same — Establishment by election no- 
 tice. — It is sufficient that the election pre- 
 cincts are established by the election 
 proclamation, which is published three 
 weelvs before election. — Central Irr. Dist. 
 V. De Lappe, 70 Cal. 351, 21 Pac. 825.
 
 trt 2259 
 
 GENERAL LAWS. 
 
 122« 
 
 g. Sales for Delinquent Assessraento. 
 04. Sale directed by ooart !■ Invnild and 
 ve»t» BO title. — The Wright act gives to 
 the collector authority to sell the property 
 In case of non-payment of the assessment 
 levied thereon by the board, but a sale by 
 him in satisfaction of an amount directed 
 by the court Is unauthorized and would 
 vest no title In the purchaser. — Boscowltz 
 V. Thompson, 144 Cal. 724, 78 Pac. 290. 
 
 65. Tax deed offered in evidence — Pre- 
 MumptlonM. — Where a tax deed is offered In 
 evidence and no evidence whatever upon 
 the subject of an election for the levy of 
 the tax for special purposes is offered, it 
 Is presumed that the election was held ac- 
 cording to law and the levy authorized. — 
 Cooper V. Miller. 113 Cal. 238, 45 Pac. 325. 
 
 66. Snme — Same. — It Is presumed that 
 official duty was performed, and that where 
 a tax sale was advertised for Sunday, the 
 collector kept within section 26 of the 
 statute, and postponed the sale to Monday, 
 as the law allowed him to do. — Baxter v. 
 VIneland Irr. Dist., 136 Cal. 185, 68 Pac. 
 601. 
 
 66a. Act of de (Hcto collector in sale of 
 landM rcKnrded bh official. — A collector who 
 is acting as such is a de facto officer of 
 y.n irrigation district, even though he may 
 be disqualified as a de jure officer, and in a 
 proceeding to set aside tax sales of land 
 6old for unpaid assessments to pay interest 
 on bonds of the district, his acts must be 
 regarded as official acts. — Baxter v. Vine- 
 land Irr. Dist., 136 Cal. 185, 68 Pac. 601. 
 
 66b. Pnrchaaera of bonds talte Tt-itli no- 
 tice of the Htatute. — Purchasers of bonds 
 of an irrigation district take with notice 
 of the law under which they were issued 
 and can not recover where it appears on 
 the face of the bonds that they were not 
 issued in conformity with the act. — Wright 
 V. East Riverside, etc., Dist., 138 Fed. 313, 
 70 C. C. A. 603. 
 
 66c. Deed prima facie evidence of 
 validity of aiineminient. — If a tax deed ex- 
 ecuted by the collector of an Irrigation dis- 
 trict recites the matter recited in the cer- 
 tificate of sale, and is duly acknowledged 
 or proved, it is under section 30 of the 
 Wright act, prima facie evidence of the 
 validity of the assessment and levy, and of 
 the regularity of the proceedings for the 
 sale and the deed. — Cooper v. Miller, 113 
 Cal. 238, 45 Pac. 325. 
 
 See, also, Rollins v. Wright, 93 Cal. 395, 
 29 Pac. 58. 
 
 66d. Deed is prima facie evidence of 
 title in Krantee. — A tax deed executed by 
 the tax collector of an Irrigation district 
 organized under the Wright act, upon a 
 sale for a delinquent tax levied by the 
 board of directprs of the district. Is, under 
 section 30, of the act prima facie evidence 
 of title In the grantee. — Cooper v. Miller, 
 113 Cal. 238, 45 Pac. 325. 
 
 IV. BONDS. 
 
 67. Discrepancy in date does not in- 
 validate. — The bonds of an irrigation dis- 
 trict are not invalid because nominally 
 
 dated at a different time from their real or 
 legal date. — Stowell v. Rialto Irr. Dist., 
 155 Cal. 215, 100 Pac. 248. 
 
 6S. Rule as to effect of recital of com- 
 pliance with statute. — The rule that the 
 recital In the bonds of an irrigation dis- 
 trict of compliance with the statute pro- 
 tects only a bona fide purchaser without 
 further inquiry and not a purchaser who 
 took the bonds with actual knowledge 
 which, in connection with the provisions 
 of the statute, establishes their illegality. 
 — Leeman v. Perris Irr. Dist., 140 Cal. 540, 
 74 Pac. 24. 
 
 69. Issue of bonds Is discretlonarr. — The 
 Issue of the bonds is discretionary, and the 
 directors may issue such portion of the 
 bonds and sell them at such times as they 
 think best. — Board of Directors, etc., v. 
 Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 69a. Validity of bonds not nffcctcd by 
 subsequent exclusion of territory. — The e.K- 
 clusion of territory subsequent to organi- 
 zation can not affect the validity of the 
 bonds issued by a district. — Herring v. Mo- 
 desto, etc., Dist., 95 Fed. 705. 
 
 fiUh. Discretion of supervisorii to Inane 
 bonds — Determination of benefits. — The 
 Wright act commits to the supervisors, on 
 the application for the organization of a 
 district, the determination of the question 
 of benefits, and In the absence of fraud or 
 bad faith, their decision Is conclusive, and 
 the question can not be raised by the dis- 
 trict as a defense to its obligation on the 
 bonds issued by it. — Herring v. Modesto, 
 etc., Dist., 95 Fed. 705. 
 
 70. Issue of bonds does not depand on 
 source of water supply. — The Issue of bonds 
 does not depend upon the source of the 
 water supply, or plans for obtaining it, 
 and the directors may change their plans 
 and obtain a diminished supply from a 
 source other than that provided for in the 
 original plan. If the Interests of the dis- 
 trict will be subserved thereby. — Board of 
 Directors v. Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 70a. Bonds neeotlnble — Void when is- 
 sued in violation of statute. — The bonds of 
 an irrigation district are negotiable, but 
 where issued in violation of statute they 
 are void. — Rialto Irr. Dist. v. Stowell, 246 
 Fed. 294, 159 C. C. A. 24. 
 
 71. NeKotiablllty not affected. — The fact 
 that installments of principal were made 
 payable only upon the surrender of the 
 coupons does not affect Its negotiability. — 
 Stowell V. Rialto Irr. Dist., 156 Cal. 215, 100 
 Pac. 248. 
 
 72. Disposition of Itonds^Tvro available 
 modes. — The only modes in which an irri- 
 gation district organized under the Wright 
 act can dispose of Its bonds, are the modes 
 prescribed by section 12, to exchange them 
 for property purchased for construction 
 purposes, at par, and that prescribed In 
 section 16 to sell them in the open market, 
 at 90 per cent, for cash. — Hughson v. Crane, 
 115 Cal. 404. 47 Pac. 120. 
 
 73. Same — .Affairs intended to be con- 
 ducted on money basis, not on credit. — The 
 intention of the Wright act was that the
 
 1327 
 
 IRRIGATIOX AND IRRIGATION DISTRICTS. 
 
 Act 2259 
 
 affairs of an irrigation district should be 
 conducted on a money basis, and not on 
 credit. — Hughson v. Crane, 115 Cal. 404, 47 
 Pac. 120. 
 
 74. Same — Void unless issued for sup- 
 plies at par or cash at 90 per cent. — Irriga- 
 tion district bonds, negotiable in form 
 (1887-29) issued in exchange for supplies 
 for the district at ninety cents on the dol- 
 lar, are void in the hands of the original 
 purchaser and of subsequent holders with 
 notice, as Issued in violation of the pro- 
 vision of the act requiring the bonds, when 
 not exchanged for property at par, to be 
 sold for cash at ninety cents on the dollar. 
 — Ham V. Grapeland Irrigation District, 172 
 Cal. 611, 613, 159 Pac. 201. 
 
 75. Same — Valid though the district 
 made a bad bargain. — Bonds Issued in ex- 
 change for property at par, are Issued for 
 a legal consideration, even though the dis- 
 trict made a bad bargain. — Ham v. Grape- 
 land Irrigation District, 172 Cal. 611, 618, 
 158 Pac. 207. 
 
 76. Same — Bonds issued for construction 
 worlc at 90 per cent illegally issued. — 
 Bonds issued to a contractor, at 90 per 
 cent of par value, to pay for the construc- 
 tion of a dam are Illegally issued. — Hugh- 
 son V. Crane, 115 Cal. 404, 147 Pac. 120. 
 
 77. Same — Illegal contract. — A contract 
 of an irrigation company whereby It de- 
 livered its bonds to a water company in 
 return for water stock of the company, and 
 never got any part of any canal, canals, or 
 water works, or real property, or any 
 tangible property at all whatever, and re- 
 ceived a mere personal promise to allow It 
 to rent certain water, the company remain- 
 ing the owner of the pipe line which it 
 laid, and the district acquiring no control 
 or ownership thereof or of any other prop- 
 erty, and by the terms of the contract 
 never became entitled to any such property 
 or control, Is void. — Stimson v. Allessandro 
 Irr. Dist., 135 Cal. 389, 67 Pac. 496, 1034. 
 
 77a. Same — Issued for water system prior 
 to latter's construction. — By the use of the 
 phrase "works constructed and being con- 
 structed by private owners," the legislature 
 clearly indicated an intention to authorize 
 the acquisition of water systems by nego- 
 tiation prior to their completion. — Stowell 
 V. Rialto Irr. Co., 155 Cal. 215, 100 Pac. 248. 
 
 78. Same — Same. — A contract of an irri- 
 gation company organized under the 
 Wright act to pay for water rights and 
 pipes to convey the water, entered into 
 prior to the completion of the means of 
 supply, with bonds of the company, does 
 not render the contract one for the pay- 
 ment of construction works with bonds. — 
 Stowell v. Rialto Irr. Dist., 155 Cal. 215, 
 100 Pac. 248. 
 
 79. Same — Same — Antliorized under sec- 
 tion 12. — A contract of an irrigation dis- 
 trict organized under tlie Wright act to 
 take and pay for certain water rights to- 
 gether with pipe lines needed for the re- 
 ception and distribution of the water, with 
 bonds of the district, when the property 
 for delivery and conveyance, was author- 
 
 ized under section 12 of the act. — Stowell v. 
 Rialto Irr. Dist., 155 Cal. 215, 100 Pac. 
 248. 
 
 80. Form of bonds. — The bonds should 
 be in such form as to permit them to be 
 paid in installments in the percentage 
 specified in the statute, but a failure in 
 this respect, by making the entire issue. 
 Instead of each bond, so payable, does not 
 invalidate the bonds. — In re Madera Irr. 
 Dist., 92 Cal. 296, 27 Am. St. Rep. 106, 14 
 L. R. A. 755, 28 Pac. 272, 675. 
 
 81. Public lands not bound In hands of 
 grantees of the United States. — The sale 
 and conveyance by the United States of 
 public land in private ownership can not 
 operate to charge It with liability upon 
 bonds of an irrigation district, existing 
 prior to such conveyance, without the con- 
 sent of the United States or its grantee. — 
 Nevada National Bank v. Poso Irr. Dist., 
 140 Cal. 344, 73 Pac. 1056. 
 
 82. Judicial knotvledge of financial his- 
 tory. — The court takes judicial knowledge 
 of the financial history of irrigation bonds, 
 — Hughson V. Crane, 115 Cal. 404, 47 Pac. 
 120. 
 
 82a. Estoppel of district to deny validity 
 of bonds. — Where an irrigation district 
 (1887-29) has the power, upon the per- 
 formance of certain conditions precedent, 
 to Issue bonds, and its officers charged with 
 the duty to ascertain and determine as to 
 the performance of such conditions, certify 
 that they are performed, the district is 
 estopped to plead non-performance. — Ham 
 v. Grapeland Irrigation Dist., 172 Cal. 611. 
 618, 158 Pac. 207. 
 
 82b. Same — Recital of bond — Bond In 
 hands of president of district. — A recital 
 in the bonds of an irrigation district that 
 they were issued "by authority of, and 
 pursuant to, and after a full compliance 
 with, all the requirements of," the Wright 
 act, estops the district from asserting 
 that no estimate or determination of the 
 amount of money required, or that the 
 bonds were not disposed of in the manner 
 or for the purposes prescribed in the act. 
 — Miller v. Perris. etc., Dist., 99 Fed. 143. 
 Even though In the hands of the president 
 of the • district. — Perris, etc., Dist., v. 
 Thompson, 116 Fed. 832, 54 C. C. A. 336. 
 
 S2c. Same — De facto corporation. — 
 Where an irrigation company issued and 
 sold its bonds, used the proceeds for tlie 
 construction of its works, and then re- 
 pudiated its obligations on that ground 
 that it had never been legally organized 
 and had no power to issue the bonds, it 
 was held that common honesty demanded 
 that a debt thus incurred should be paid, 
 and that if anything could constitute a 
 de facto corporation the irrigation com- 
 pany In such a case was, and that Its de 
 jure existence could be questioned only by 
 the state. — Tulare, etc., Dist., v. Shepard, 
 185 U. S. 1. 46 D. ed. 773, 22 Sup. Ct. 531. 
 
 82d. Collateral attack — De facto cor- 
 poration. — An irrigation district organized 
 under the Wright act is at least a de facto 
 corporation, in view of the fact that the
 
 tiKNKHAI. l.V>\,S. 
 
 supreme court of California has repeatedly 
 upheld Its constitutionality, and the le- 
 gality of its organization can not be at- 
 tacked collaterally for the purpose of 
 defeating its obligations. — Herring v. Mo- 
 desto, etc., Dist., 95 Fed. 705. 
 
 S'2e. Suit on liondn — Ileiiofltii received 
 immntrrinl. — .\n allegation in the answer 
 of an Irrigation di.strict to a suit on it.s 
 bonds that the district derived no benefit 
 from the work is immaterial and consti- 
 tutes no defense. — Herring v. Modesto, etc., 
 Dist.. 95 Fed. 705. 
 
 Sllf. Snme — l'iivorin«>d nnswer — Proof of 
 execution or coiinrmntion of ItoiidN not re- 
 quired — Section -147. Code of Civil Pro- 
 cedure. — Where the answer of an action 
 against an irrigation district on Its bonds 
 was not verified, and the complaint set out 
 topics of the bonds, which bore the seal 
 of the district, and were introduced In evi- 
 dence, the plaintiff was not required, in 
 view of section 447, Code of Civil Pro- 
 cedure, to further prove their execution or 
 their confirmation under the confirmation 
 act. — Perrls, etc., Dist. v. Thompson, 116 
 Fed. 832, 54 C. C. A. 336. 
 
 82b:. Same — Date of Isaae — SlRnnture.— ' 
 Whether bonds of an irrigation district 
 are treated as "issued" on the date, or on 
 delivery, they were void, in the first case, 
 because not signed by the "then secretary," 
 and in the second case, because antedated 
 .so as to make them payable within a 
 shorter period than the law provides. — 
 Wright V. East Riverside, etc., Dist., 138 
 Fed. 313. 70 C. C. A. 603. 
 
 . S^b. .Suit !)>' taxpayem — DefcctM In iHaue 
 of bondM. — The taxpayers in an irrijration 
 district can not maintain a suit to restrain 
 an action against the district on its bonds 
 on the ground that the bonds were void, 
 that the ofJlcers served in the action were 
 not the ofTicers of the district, that It had 
 no officers, especially where it was not 
 shown that application to the board of 
 supervisors under section 10 of the act. 
 to appoint directors had been made. — Quin- 
 ton V. Equitable, etc., Co., 196 Fed. 314, 116 
 C. C. A. 134. 
 
 821. .Suit by holder of lenii than entire 
 inaue of bondfi. — The holder of le^s than 
 the entire is.sue of a series of municipal 
 bonds is not prevented by that fact from 
 maintaining an action for their enforce- 
 ment. — Ferris, etc.. Dist. v. Thompson, 116 
 Fed 832. 54 C. C. A. 336. 
 
 82J. Remedy of judgment bondholder la 
 'niandnniun io compel amicwjimcnt. — Tlie rem- 
 edy of the holder of irrigation bonds, after 
 Judgment and return of execution unsatis- 
 fied, was mandamus to compel the levy of 
 assessment on the property of the district, 
 and not a suit in equity for a receiver. — 
 Marra v. San Jacinto, etc., Dist., 131 Fed. 
 780. 
 
 82k. Statute of Ilmltntlon». — Each Irri- 
 gation bond of a di.striit under the Wright 
 act is a district obligation, and is barred 
 after four years from maturity, notwith- 
 standing the provision as to the levy of a 
 sufficient amount to pay off bonds at the 
 
 expiration of twenty years. — Curtis v. 
 Riaito, etc., Dist. (Cal. App.), 187 Pac. 116. 
 
 V. CONFIRMATORY ACT OF 1889. 
 a. Constitutionality. 
 
 83. I'lie title of the confirmatory act of 
 
 ISSO (Stats. 1889. p. 212) is sufnciently com- 
 prehensive to Include the provision for as- 
 certaining the validity of the organization 
 of the district as a necessary condition 
 precedent to the testing of the validity of 
 the bonds issued by the district. — Peoph- 
 v. Linda Vista Irr. Dist., 128 Cal. 477.. 61 
 Pac. 86. 
 
 84. New trial provlMloun of aecfion 4 un- 
 con<«ti(utionnl. — The provision of section 4 
 of the supplemental act of 1889 (Stats. 
 1889, p. 212) that motions for new trial 
 must be made on the minutes of the court 
 is obnoxious to subdivision 3, section 25, 
 article IV, of the constitution. Inhibiting 
 special laws regulating the practice in 
 courts of justice, and such a motion on a 
 bill of exceptions made under the code pro- 
 visions, will be considered on appeal. — 
 Cullen V. Glendora Water Co., 113 Cal. 503. 
 39 Pac. 769, 45 Pac. 822. 1047. 
 
 85. Juri.sdictlon of atuperlor court. — The 
 proceeding for the confirmation of the or- 
 ganization of an irrigation district Is ju- 
 dicial and properly committed to the supe- 
 rior court for determination. — Title, etc.. 
 Co. V. Kerrigan, 150 Cal. 289, 320. 119 Am. 
 St. Rep. 199, 8 L. R. A. (N. S.), 682, 88 Pac. 
 356. 
 
 b. Construction. 
 
 86. Act must be coiiHtrucd an a whole. 
 
 — ^The supplementary act of 1889 (Stats. 
 1880, p. 212) must be construed as a whole 
 with reference to its manifest purpose, and 
 as allowing the proceeding to be com- 
 menced as soon as tlie resolution has been 
 adopted, and before bonds have been is- 
 sued. — Bo.ard of Directors, etc., v. Tregea. 
 88 Cal. 334, 26 Pac. 237. 
 
 87. Independeut act, not part of Wrigrht 
 act. — The supplementary act of 1889 (.Stats. 
 1889, p. 212) is an independent statute, not 
 a part of the Wright act, and not amenda- 
 tory of it. and section 3 of the Wright act 
 as amended In 1891, limiting the time in 
 which an action may be commenced or a 
 defense made affecting the validity of the 
 organization to two years, has no applica- 
 tion to the act of 1889. — In re Central Irr. 
 Dist.. 117 Cal. 382. 49 Pac. 354. 
 
 88. Special proceeding. — A proceeding 
 brought under the act of 1889 (p. 212) for 
 the confirmation of the organization of the 
 district Is a special proceeding, and In the 
 nature of a proceeding In rem to deter- 
 mine Its status and its power to issue 
 bonds. — Crall v. Poso Irr. Dist., 87 Cal. 
 140. 26 Pac. 797. 
 
 8J). Proceeding in rem. — The proceeding 
 for confirmation under the act of 1889 
 (Stats. 1889. p. 212) is one in rem, and 
 the decree while it is In force is conclusive 
 upon the state as well as all others, that 
 all steps for the proper organization of 
 tlie district were properly taken, and the 
 contrary can not be shown in quo war-
 
 1229 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 Act 2259 
 
 ranto. — People ex rel. Fogg- v. Perris Irr. 
 Dist., 132 Cal. 289. 64 Pac. 399, 773. 
 
 90. Santc. — The proceeding' under the 
 act, of 1889 (Stats. 1889. p. 212) are in rem. 
 and, for the protection of investors, must 
 bind not only the parties appearing, but 
 all the world. — Board of Directors, etc., v. 
 Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 91. Same. — The proceeding to confirm 
 the regularity of the proceedings in the 
 organization of an irrigation district is a 
 proceeding in rem, authorized for the ex- 
 press purpose of fixing the legal status of 
 the district, and the decree concluded the 
 whole world upon all the questions in- 
 volved, and was properly admitted in evi- 
 dence in an action to condemn a right of 
 way for an irrigation pipe line to establish 
 the facts therein determined. — Rialto Irr. 
 Dist. V. Brandon, 103 Cal. 384. 37 Pac. 484. 
 
 92. Section 3 of 'Wright act not appli- 
 cable. — The provisions of section 3 of the 
 Wright act limiting the bringing of ac- 
 tions affecting the validitj* of the organiza- 
 tion of an irrigation district to two years 
 after the making and entry of the order, 
 has no application to suits under the con- 
 firmatory act of 1889 (Stats. 1889, p. 212), or 
 to suits to set aside a judgment of con- 
 firmation for fraud. — People v. Perris Irr. 
 Dist., 142 Cal. 601, 76 Pac. 381. 
 
 93. Only applicable to bonds sold to in- 
 vest in Tvater system. — The confirmatory 
 act of 1889 (Stats. 1889, p. 212) refers only 
 to bonds sold to invest in a water system, 
 under the authority of section 16 of the 
 Wright act, and not to those issued under 
 section 12 for the purchase of other prop- 
 erty, and the court is without jurisdiction 
 under the confirmatory act to make a con- 
 firmatory decree as to any bonds except 
 those referred to in section 16. — Stimson v. 
 Allessandro Irr. Dist., 135 Cal. 389, 67 Pac. 
 496, 1034. 
 
 c. Notice. 
 
 94. All persons in district bound to take 
 notice. — All persons in the district are 
 bound to take notice of the specific allega- 
 tions of the petition under the act of 1889 
 (Stats. 1889, p. 212), and appear and object 
 or be forever precluded from questioning 
 the validity of the bonds. — 88 Cal. 334, 26 
 Pac. 237. 
 
 95. Publication of notice and filing peti- 
 tion sufficient. — Under the act of 1889 
 (Stats. 1S89, p. 212), the publication of a 
 notice of the filing of the petition is suf- 
 ficient to confer jurisdiction upon the supe- 
 rior court to render a judgment aflfirming 
 the regularity of the organization of the 
 district, the legality of its orders, and the 
 validity of its bonds, and such judgment 
 will be binding upon the lands of the dis- 
 trict and their owners. — Board of Directors, 
 etc., V. Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 96. Sufficiency of notice. — The notice re- 
 quired by the act of 1889 (Stats. 1889, p. 
 212) is sufficient if it state the filing of the 
 petition, and the substance of the prayer 
 thereof, and in other respects conforms to 
 the statute. — Board of Directors, etc., v. 
 Tregea, 88 Cal. 334, 26 Pac. 237. 
 
 97. Same — Contents. — The notice of the 
 hearing of the petition for confirmation 
 under the act of 1889 (Stats. 1889, p. 212), 
 need not contain a specific description of 
 the lands of the district, nor of any owner 
 thereof, nor of its boundaries. — Fogg v. 
 Perris Irr. Dist., 154 Cal. 209, 97 Pac. 316; 
 People v. Perris Irr. Dist., 154 Cal. 209, 
 97 Pac. 316. 
 
 9S. Notice is due process. — The notice 
 containing the statement that the proceed- 
 ings were for the purpose of confirming 
 the proceedings for the sale of the bonds 
 of the district was due process of law to 
 inform any landowner affected and inter- 
 ested. — Fogg V. Perris Irr. Dist., 154 Cal. 
 209, 97 Pac. 316; People v. Perris Irr. Dist., 
 154 Cal. 209, 97 Pac. 316. 
 
 99. Con.structive service by publication. 
 — Constructive service by publication and 
 posting as provided by the Wright act is 
 sufficient to give the court jurisdiction of a 
 proceeding under the act of 1889 (Stats. 
 1889, p. 212). — Crall v. Poso Irr. Dist., 87 
 Cal. 140, 26 Pac. 797. 
 
 d. Effect of Judgment or Decree. 
 
 100. Properly includes injunction. — A 
 judgment of confirmation under the act of 
 1889 (Stats. 1889, p. 212) properly includes 
 an injunction declaring all persons inter- 
 ested in the organization of the district 
 from disputing, denying or disclaiming any 
 facts which might have been disputed in 
 the proceeding. — In re Madera Irr. Dist., 92 
 Cal. 296, 27 Am. St. Rep. 106, 14 L. R. A. 
 755, 28 Pac. 272, 675. 
 
 100a. Conclusive on all questions. — A 
 judgment under the confirmation act is 
 conclusive of all the questions involved 
 therein. (Former opinion in 85 Fed. 693. 
 explained and reaffirmed). — Miller v. Perris. 
 etc., Dist., 99 Fed. 143. 
 
 101. Binding on all the vrorld. — The pro- 
 ceeding under the confirmatory act of 1889 
 (Stats. 1889, p. 212) is one in rem, and the 
 judgment therein is binding upon the whole 
 world, including the state, is res adjudicata. 
 and constitutes a bar to subsequent quo 
 warranto proceedings against the district, 
 attacking the validity of the organization 
 of the district. — People v. Linda Vista Irr. 
 Dist., 128 Cal. 477, 61 Pac. 86. 
 
 101a. After confirniatory jud^:ment. sub- 
 seriuent quo viarranto judgment — Validity 
 of bonds not affected. — A judgment against 
 an irrigation district, in an action by the 
 state, declaring void the organization of 
 the district, does not affect the validity of 
 its bonds, issued after judgment in favor 
 of its validity under the confirmation act. — 
 Miller v. Perris, etc., Dist., 99 Fed. 143. 
 
 102. Confirmatory decree i.s conclusive. — 
 A confirmatory decree under the act of 
 1889 (Stats. 1889, p. 212) is merely evidence 
 of the validity of the organization of the 
 district, conclusive only so long as it Is 
 unimpeached, and a suit to set it aside for 
 fraud is an attack only upon the evidence 
 of such judgment, and not a direct attack 
 upon the validity of the organization of 
 the district. — People v. Perris Irr. Dist., 
 142 Cal. 601, 76 Pac. 381.
 
 Act 2258 
 
 GBNERAL. LAWS. 
 
 1230 
 
 103. Jndgnnent Is a bar. — A Judgment In 
 an action under the act of 1889 (Stats. 1889. 
 p. 212) rendered upon constructive service 
 is a bar to a suit to enjoin the sale of the 
 bonds of the district brought by one con- 
 structively served, and mere defects in 
 the organization can not be reviewed in 
 such suit. — Crall v. Poso Irr. Dist., 87 Cal. 
 141, 26 Pac. 797. 
 
 104. Impeached for (rand only. — A con- 
 firmation decree can only be impeached for 
 fraud in a direct proceeding for the pur- 
 pose. — People ex rel Fogg v. Perris Irr. 
 Dist., 132 Cal. 289, 64 Pac. 399, 773. 
 
 105. Validity of proceedings does not 
 depend on decree. — The validity of the pro- 
 ceedings for the organization of a district 
 does not depend upon the decree of con- 
 firmation under the act of 1889 (Stats. 1889, 
 p. 212), but upon the regularity of the pro- 
 ceedings under the Wright act. — People v. 
 Perris Irrigation Dist., 142 Cal. 601, 76 Pac. 
 381. 
 
 10.'>a. Necessarily involves inquiry Into 
 validity of original organization. — An ad- 
 judication under the confirmatory act of 
 1889 (Stats. 1889, p. 212) necessarily in- 
 volved and required an inquiry into the 
 validity of the original organization. — Fogg 
 v. Perris Irr. Dist., 154 Cal. 209, 97 Pac. 
 316; People v. Perris Irr. Dist., 154 Cal. 209, 
 97 Pac. 316. 
 
 106. First decree void, second decree. — 
 If it be conceded that a first confirmatory 
 decree, confirming the validity of the pro- 
 ceedings up to a certain point, is void, a 
 second valid decree conclusively adjudicat- 
 ing and establishing the validity of the 
 proceedings to organize the district and to 
 issue and sell the bonds thereof, as weU as 
 the legal existence of the district under the 
 Wright act, will protect the bondholders 
 under the first decree, as effectively as 
 would that decree, and will render harmless 
 any error of the court in holding the first 
 decree valid. — Fogg v. Perris Irr. Dist., 154 
 Cal. 209, 97 Pac. 316; People v. Perris Irr. 
 Dist., 154 Cal. 209, 97 Pac. 316. 
 
 107. Void bonds can not be confirmed. — 
 Void bonds of an irrigation district can 
 not be confirmed in a proceeding under the 
 act of 1889 (Stats. 1889, p. 212), and a judg- 
 ment of conformation in such a proceed- 
 ing is itself void for want of jurisdiction. 
 — Stimson v. Allessandro Irr. Dist., 135 Cal. 
 389, 67 Pac. 496. 1034. 
 
 lOS. Rights of purchasers in good faith 
 of bonds afterwards declared in confirma- 
 tory proceedings null and void. — Where 
 bonds of an irrigation district were issued 
 and sold to bona fide purchasers, and after- 
 wards in a proceeding under the confirma- 
 tion act the organization of the district 
 was held illegal and void, the rights of such 
 purchasers will be left for determination 
 in a proper action to which they may bo 
 parties. — In re Central Irr. Dist., 117 Cal. 
 382. 49 Pac. 354. 
 
 108a. Riglits of purchasers in good 
 faith protected. — Where an irrigation dis- 
 trict was properly organized, and the is- 
 
 sue of the bonds were within the author- 
 ity of the board, and the only question in 
 an attack upon their validity related to 
 certain irregularities in the records and in 
 conducting the elections, purchasers of the 
 bonds "without any notice whatever" of any 
 informity in said bonds, or of any irregu- 
 larity or fraud connected with the issuance 
 thereof, are protected from such irregu- 
 larities. — Baxter v. Vineland Irr. Dist., 136 
 Cal. 185. 68 Pac. 601. 
 
 108b. Assessments to pay Interest on 
 bonds confirmed by act, but decree set aside 
 eight years after. — Where bonds of an irri- 
 gation district were confirmed in 1890, and 
 the confirmation decree was not set aside 
 until eight years later, valid assessments 
 might be levied to pay interest on bonds 
 that had passed into the hands of bona fide 
 holders in the Interval. — Haese v. Heitzeg, 
 159 Cal. 569, 114 Pac. 816. 
 
 VII. ACTIONS. 
 a. Parties. 
 100. One who took bonds with knovrl- 
 edge of Invalidity. — One who knew at the 
 time he took the bonds of an irrigation 
 district that they were issued in violation 
 of the Wright act can not maintain a suit 
 upon same. — Leeman v. Perris Irr. Dist., 
 140 Cal. 540, 74 Pac. 24. 
 
 110. District necessary party, when. — In 
 
 an action to restrain the levy of an assess- 
 ment to pay illegal bonds of an irrigation 
 district and to restrain further issue of 
 bonds, the district is a proper and a neces- 
 sary party, and the directors are proper 
 parties for the purpose of reaching and re- 
 straining the corporation. — Sechrist v. 
 Rialto Irr. Dist., 129 Cal. 640, 62 Pac. 261. 
 
 111. Collector represents the district for 
 defensive purposes, not for affirmative re- 
 lief. — In an action by landowners against 
 the collector to enjoin him from selling 
 land for an unpaid assessment to pay in- 
 terest on bonds, the collector represents 
 the district for defensive purposes alone, 
 and not for the purpose of affirmative re- 
 lief; nor can the intervening bondholders 
 because of their interest in the success of 
 the defendant, have afllrmative relief upon 
 a cross-complaint seeking to enforce a lien 
 against the lands. — Boscowitz v. Thompson, 
 144 Cal. 724, 78 Pac. 290. 
 
 113. Bondholders not necessary parties, 
 when. — The bondholders were not necessary 
 parties in an action to cancel tax sales of 
 land sold to pay interest assessments on 
 the bonds, attacking the validity of the 
 bonds, but they had such an interest as 
 made them proper parties, especially as 
 they alleged that the defendants would not 
 defend the action in good faith. — Baxter v. 
 Vineland Irr. Dist., 136 Cal. 185, 68 Pac. 
 601. 
 
 112a. District as a party. — ^Under the 
 provisions of section 14 of the Wright act 
 giving the directors of a district the right 
 to "appear and defend" Implies the lia- 
 bility to be sued. — Boehmer v. Big Roclt 
 Irr. Dist., 117 Cal. 19, 49 Pac. 908.
 
 1231 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 Act 2259 
 
 b. Complaint. 
 
 113. Eminent domain proceedings to 
 condemn pipe line sufficiently alleges exis- 
 tence of public use. — Complaint in eminent 
 domain proceedings to condemn a right of 
 way for a pipe line for an irrigating dis- 
 trict held sufficient to show a public use. — 
 Rialto Irr. Dlst. v. Brandon, 103 Cal. 384, 
 87 Pac. 484. 
 
 114. Taxpayers need not allege demand 
 upon directors to bring action. — The tax- 
 payers of an irrigation district are not re- 
 quired to make demand upon the directors 
 to bring the action before bringing action 
 to cancel the bonds of the district, and 
 need not allege such demand in their com- 
 plaint. — Sechrist v. Rialto Irr. Dist., 129 
 Cal. 640, 62 Pac. 261. 
 
 115. Fraud must be pleaded specifically. 
 —If a landowner relies upon fraud to set 
 aside the order of the board, he must plead 
 the facts constituting the fraud. — Board of 
 Directors, etc., v. Tregea, 88 Cal. 334, 26 
 Pac. 237. 
 
 c. Burden of Proof. 
 
 116. Burden on plaintiff in action to can- 
 cel tax sales. — In an action to cancel tax 
 sales of land sold for unpaid assessments 
 of an irrigation company to pay interest 
 on its bonds, the burden is on the plain- 
 tiff to sustain the allegations of the com- 
 plaint. — Baxter v. Vineland Irr. Dist., 136 
 Cal. 185, 68 Pac. 601. 
 
 d. Judgment. 
 
 117. Lien of bondholders. — Whatever lien 
 the bondliolders may have against the 
 lands in an irrigation district exists by 
 virtue of the statute under which the bonds 
 were issued, and tlie assessment levied, 
 and not by reason of any equity in their 
 behalf, or by virtue of any contract be- 
 tween them, and a court of equity can not 
 decree such a lien, unless the statute de- 
 clares it, and provides for its enforcement, 
 in which case it can only be enforced in 
 the mode provided. — Boskowitz v. Thomp- 
 son, 144 Cal. 724, 78 Pac. 290. 
 
 lis. Injunction against sale of lands for 
 unpaid assessments, ^vitliout adjudicating 
 validity of assessment. — It was improper 
 in an action to enjoin the sale of lands 
 of an irrigation district brought by land- 
 owners, who were contesting the validity 
 of the assessment, and in which the bond- 
 holders were intervening and seeking af- 
 firmative relief by declaring a lien on the 
 land for the interest due on bonds held by 
 them, for the court to decree that so much 
 of the lands be sold as was required to pay 
 the interest on the bonds held by the in- 
 terveners, without determining whether 
 the original assessment was void, and dis- 
 regarding the rights of other bondholders, 
 who did not intervene. — Boscowitz v. 
 Thompson, 144 Cal. 724, 78 Pac. 290. 
 
 119. Court may protect bondholders In 
 action to cancel bonds. — In an action to can- 
 cel the bonds of a district, where the di- 
 rectors and the district and properly made 
 defendants, the court may protect the 
 
 equities of the bondholders, while grant* 
 ing the relief sought. — Sechrist v. Rialt* 
 Irr. Dist., 129 Cal. 640, 62 Pac. 261. 
 e. Execution. 
 
 120. Rule not applicable to lands of Irri- 
 gation district. — The principle that only so 
 much of the property of a quasi public cor- 
 poration as is necessary to the exercise of 
 the quasi public functions of a corporatioi 
 are exempt from execution, does not applj 
 to the lands of a public corporation held, 
 as in the case of the lands of an irrigation 
 district, under an express trust, where the 
 land can not be sold, nor any execution 
 sale made, without a direct violation of the 
 terms of the trust. — Tulare Irr. Dist. v. 
 Collins, 155 Cal. 440, 97 Pac. 1124. 
 
 f. Collateral Attack. 
 
 121. Question as to whether district de 
 jure or de facto immaterial. — It is immate- 
 rial whether an irrigation district organ- 
 ized under the Wright act is a corporation 
 de jure or de facto upon an attack upon its 
 organization collaterally. — Quint v. Hoff- 
 man, 103 Cal. 506, 37 Pac. 514, 777. 
 
 122. Supervisors 'want of jurisdiction, 
 only ground. — The organization of an irri- 
 gation district under the Wright act can 
 not be collaterally attacked in a suit to 
 enjoin the sale of lands for an assessment, 
 on the ground that the board of super- 
 visors acted without jurisdiction in effect- 
 ing such organization. — Quint v. Hoffman, 
 103 Cal. 506, 37 Pac. 514, 777. 
 
 123. Attack on validity of bonds in ac- 
 tion to cancel sales of lands for delinquent 
 assessment to pay interest. — An attack upon 
 the validity of the bonds of an irrigation 
 district, in a suit to cancel tax sales of 
 land sold to pay an assessment for interest 
 on the bonds, is a collateral attack, and is 
 not changed to a direct attack by allega- 
 tions of the bondholders in intervention 
 that they were purchasers without notice 
 of any infirmity in the bonds, and that they 
 were in fact legal and valid obligations of 
 the district. — Baxter v. "Vineland Irr. Dist., 
 136 Cal. 185, 68 Pac. 601. 
 
 VII. MISCELLANEOUS. 
 
 124. Po^ver to mortgage implies right of 
 foreclosure and sale. — Section 17 of the 
 Wright act purporting to authorize the di- 
 rectors of an irrigation district to mortgage 
 or convey by deed of trust, all the prop- 
 erty of the district as additional security 
 for its bonds must be construed to imply 
 the right of foreclosure and sale, and not 
 merely as authorizing a change in the cus- 
 todian of a public use. — Merchants, etc.. 
 Bank v. Escondido Irr. Dist., 144 Cal. 329, 
 77 Pac. 937. 
 
 125. Power of eminent broad enough to 
 cover condemnation of pipe lines. — The pro- 
 visions of the Wright act relating to the 
 condemnation of property, are broad enough 
 to include pipe lines, conduits, flumes, etc., 
 for the purpose of conveying water, even 
 though not necessarily included in the 
 terms "ditches and canals." — Rialto Irr. 
 Dist. V. Brandon, 103 Cal. 384, 37 Pac. 484.
 
 Aef 22Ce, e 1 
 
 GENERAL. I-AWS. 
 
 1232 
 
 126. Duty of collector to turn over 
 money collected. — It Is the duty of the col- 
 lector of an irrigation district to turn over 
 to the treasurer the money collected by 
 him for assessments, and this duty Is not 
 affected by the question as to the legality 
 or illegality of such assessments. — Perry v. 
 Otay Irr. Dist., 127 Cal. 565, 60 Pac. 40. 
 
 127. Claim of collector for salary can not 
 be set oft' ag-alnst collection. — The claim of 
 a collector of an irrigation district for 
 salary as such collector can only be paid 
 out of the treasury of the district after 
 allowance by the board and upon a warrant 
 therefor properly drawn, as any other 
 claim. — Perry v. Otay Irr. Dist., 127 Cal. 
 565, 60 Pac. 40. 
 
 12S. Same. — The collector of an irriga- 
 tion district can not offset the amount of 
 his unpaid salary as such collector against 
 the amount of assessments collected by 
 
 him. — Perry v. Otay Irr. Dist., 127 Cal. 565, 
 60 Pac. 40. 
 
 129. Assessed owner of laud not entitled 
 to use of ■»vatcr outside of district. — An as- 
 sessed owner of land in an irrigation dis- 
 trict organized under the Wright act is not 
 entitled to the use of the water of the dis- 
 trict on lands outside the district. — Jenison 
 V. Redflcld, 149 Cal. 500, 87 Pac. 62. 
 
 130. Rule of forfeiture for non-user not 
 apiilicablc to irrigation districts. — The rule 
 as to forfeiture of charter for non-user has 
 no application to a public corporation. — 
 People V. Selma Irr. Dist., 98 Cal. 206, 32 
 Pac. 1047. 
 
 131. Powers of directors. — The directors 
 of an irrigation district have only the pow- 
 ers expressly given or implied as necessary 
 to carry out the purposes of the act. — 
 Stimson v. Allessandro Irr. Dist., 135 Cal. 
 389, 67 Pac. 496, 1034. 
 
 "CALIFORNIA IRRIGATION DISTRICT ACT"— "BRIDGEFORD ACT." 
 ACT 2266 — An act to provide for the organization and government of irrigation dis- 
 tricts, and to provide for the acquisition or construction therehy of works for the 
 irrigation of the lands embraced within such districts, and, also, to provide for the 
 distribution of water for irrigation purposes. 
 
 History: Approved March 31, 1897, Stats. 1897, p. 254. Amended 
 (1) March 28, 1901, Stats. 1901, p. 815; (2) February 28, 1905, Stats. 
 1905, p. 27; (3) February 11, 1909, Stats. 1909, p. 12; (4) February 22, 
 1909, Stats. 1909, p. 46; "(5) March 19, 1909, Stats. 1909, p. 429; (6) 
 March 19, 1909, Stats. 1009, p. 461; (7) April 19. 1909, Stats. 1909, p. 
 998; (8) April 22, 1909, Stats. 1909, p. 1062 (9) April 22, 1909, Stats. 
 1909, p. 1075; (10) March 26, 1911, Stats. 1911, p. 509; (11) April 26, 
 191], Stats. 1911, p. 1111; (12) January 2, 1912, Stats. 1911 (ex. sess.), 
 p. 135; (13) January 2, 1912, Stats. 1911 (ex. sess.), p. 139; (14) 
 January 25, 1912, Stats. 1911 (ex. sess.), p. 248; (15) April 22, 1913; 
 in effect August 10, 1913, Stats. 1913, p. 59; (16) June 13, 1913: in 
 effect August 10, 1913, Stats. 1913, p. 781; (17) June 16, 1913; in effect 
 August 10, 1913, Stats. 1913, p. 993; (18) May 26, 1915; in effect 
 August 8, 1915, Stats. 1915, p. 836; (19) June 8, 1915; in effect August 8, 
 1915, Stats. 1915, p. 1291; (20) June 8, 1915; in effect August 8, 1915, 
 Stats. 1915, p. 1326; (21) June 9, 1915; in effect August 8, 1915, Stats. 
 1915, p. 1367; (22) May 18, 1917; in effect July 27, 1917, Stats. 1917, p. 
 751; (23) May 24, 1917; in effect July 27, 1917, Stats. 1917, p. 915; 
 (24) May 11, 1919; in effect July 22, 1919, Stats. 1919, p. 472; (25) 
 May 16, 1919; in effect July 22, 1919, Stats. 1919, p. 660; (26) May 16, 
 1919, Stats. 1919, p. 714. This last amendment was submitted to the 
 people by referendum at the general election of November 2, 1920. 
 and adopted. It went into effect December 9, 1920. 
 
 ORGANIZATION. 
 § 1. A majority in number of the holders of title or evidence of title to lands sus- 
 ceptible of irrigation from a common source and by the same system of works, including 
 pumping from subsurface or other waters, such holders of title or evidence of title rep- 
 resenting a majority in value of said lands, may propose the organization of an irriga- 
 tion district, under the provisions of this act; or the organization of such an irrigation 
 district may be proposed by not less than five hundred petitioners, each petitioner to the 
 number of at least five hundred to be an elector residing in the proposed district or the 
 holder of title or evidence of title to land therein; provided, that the said petitioners 
 must include the holders of title or evidence of title to not less than twenty per cent in 
 value of the lands included within the proposed district. The lands proposed to be 
 included Avithin any such irrigation district need not consist of contiguous parcels. Any 
 holder of land under a possessor^' right acquired by entry or purchase from the United 
 
 i
 
 1233 IRRIGATION AlVD IRRIGATION DISTRICTS. Act 2266, § 2 
 
 States or the state of California shall be deemed to be a holder of evidence of title to 
 said land within the meaning of this act. The county assessment roll of the county in 
 which any lands included within such proposed irrigation district are situated, which 
 assessment roll has been last equalized at the time of the first publication of said peti- 
 tion as provided in section two of this act, shall be conclusive evidence as to the value 
 of said lands and the holders of title or evidence of title to said lands. If any parcel 
 of land is assessed on any assessment roll to unknown or fictitiously named owners, or 
 to unnamed owners in addition to any owner or owners named thereon, said parcel of 
 land shall be deemed for any of the purposes of this act, to have but one owner in addi- 
 tion to any owner or owners whose true name or names may be purported to be given 
 on such assessment roll. The holder of title or evidence of title to an undivided inter- 
 est in any land affected by any of the provisions of this act may sign any petition pro- 
 vided for in this act, and such undivided interest shall be counted and valued as though 
 it were a separate interest, and if the assessment roll shall fail to indicate the extent 
 of any such undivided interest, the holders of title or evidence of title whose undivided 
 interests in any land are not specifically defined shall be deemed to have equal shares 
 therein. Guardians, executors, administrators or other persons holding property in a 
 trust capacity under appointment of court may sign any petition provided for in this 
 act, when authorized by an order of court, which order maj^ be made without notice. A 
 certificate of acknowledgment taken before a notary public or justice of the peace of 
 any state, or an affidavit by any person in the presence of whom such petition was 
 signed, shall be sufficient evidence of the genuineness of such signature and of the fact 
 of place of residence of any i^etitioners under this act. [Amendment of May 16, 1919. 
 Stats. 1919, p. 714. Submitted by referendum at the general election of November 2. 
 1920, and adopted; in effect December 9, 1920.] 
 
 This section was also amended March 26, 1911, Stats. 1911, p. 509; June 9, 1915, Stats. 
 1915, p. 1367; May 18, 1917. Stats. 1917, p. 751. 
 
 $ 2. In order to propose the organization of an irrigation district, a petition signed 
 by the requisite majority of holders of title or evidence of title to lands within the pro 
 posed district or by at least five hundred petitioners, as provided in section one of this 
 act, shall be presented to the board of supervisors of the county in which the lands 
 within the proposed district, or the greater portion thereof, are situated. Said petition 
 shall set forth generally the boundaries of the proposed district and also shall state gen- 
 erally the source or sources (which may be in the alternative) from which said lands 
 are proposed to be irrigated, and shall pray that the territory embraced within the 
 boundaries of the proposed district may be organized as an irrigation district under the 
 provisions of this act. The petition may consist of any number of separate instruments, 
 and must be accompanied with a good and sufficient undertaking, to be approved by the 
 board of supervisors, in double the amount of the probable cost of organizing such dis- 
 trict, conditioned that the sureties shall pay all of said costs in case said organization 
 shall not be effected. Said petition shall be presented at a regular meeting of said 
 board and shall be published for at least two weeks before the time at which the same 
 is to be presented in some newspaper of general circulation printed and published in 
 the county where said petition is presented together with a notice stating the time of 
 the meeting at which the same will be presented ; and if any portion of the lands within 
 said proposed district lie within another county or counties, then said petition and 
 notice shall be published, as above provided, in a newspaper published in each of said 
 counties. When contained upon more than one instrument, one copy only of such peti- 
 tion need be published, but the names attached to all of said instruments must appear 
 in such publication. On or before the day on which said petition is presented to said 
 board of supervisors, a copy of said petition shall be filed in the office of the state engi- 
 neer. Signatures to the petition may be Avilhdrawn at any time before the publication 
 
 Gen. Laws — 78
 
 Act 22M GENERAL, LAWS. 1234 
 
 is commenced as in this section required, by filing a declaration, signed by the petitioner, 
 with the board of supervisors before which the petition is to be presented, stating that 
 it is the intention of the petitioner to withdraw therefrom, which declaration shall be 
 acknowledged in the same manner as conveyances of real estate are required to be 
 acknowledged. When said petition is presented, said board of supervisors shall hear 
 the same and shall proceed to determine whether or not said petition complies with the 
 requirements hereinbefore set forth and whether or not the notice required herein has 
 been published as required, and must hear all competent and relevant testimony offered 
 in support of or in opposition thereto. Said hearing may be adjourned from time to 
 time for the determination of said facts, not exceeding two weeks in all. No defect in 
 the contents of the petition or in the title to or form of the notice or signatures, and 
 no lack of signatures thereto, or to the petition as published, shall vitiate any proceed- 
 ings thereon; provided, such petition or petitions have a suflfieient number of qualified 
 signatures attached thereto. The determination of the board shall be expressed by 
 resolution. If it shall determine that any of the requirements hereinbefore set forth 
 have not been complied with, the matter shall be dismissed, but without prejudice to 
 the right of the proper number of persons to present a new petition covering the same 
 matter or to present the same petition with additional signatures, if such additional 
 signatures are necessary to comply with the requirements of this act. If the board of 
 supervisors shall determine that the petitioners have complied with the requirements 
 hereinbefore set forth, it shall cause a copy of the resolution so declaring to be for- 
 warded to the state engineer. Upon receiving a copy of said resolution, the state engi- 
 neer shall make or cause to be made such preliminary investigation as may be prac- 
 ticable, with a view to determining the feasibility of the project proposed to be under- 
 taken. He shall report as soon as practicable, but at all events within ninety days from 
 the date of the adoption of the said resolution, in writing, on the matter to the board 
 of supervisors from which the copy of said resolution was received, except that upon 
 receiving a written request from the state engineer, the board of supervisors may at any 
 meeting before the expiration of said ninety days grant to the state engineer not more 
 than ninety days additional time in which to make said report. If the state engineer 
 shall report within the time specified herein that the supply of water available for the 
 use of the proposed district, or that may be acquired by any practicable means, includ- 
 ing the condemnation of existing rights, is not sufficient or that the project is not fea- 
 sible for any other reason or reasons, the hearing of the matter shall be continued for 
 not more than two months and shall then be dismissed unless the board of supervisors 
 shall be petitioned in writing by three-fourths of the holders of title or evidence of 
 title to land within said proposed district to gn^ant said petition; provided, that if the 
 board of supervisors is not so petitioned, it may modify the plans for the proposed dis- 
 trict in accordance with recommendations by the state engineer. If after receiving an 
 adverse report from the state engineer the board of supervisors shall be petitioned as 
 aforesaid or shall decide to modify the plans for the proposed district in accoi'dance 
 with recommendations by the state engineer, it shall, at the time to which the hearing of 
 said matter shall have been continued, set a time for the final hearing thereof. If the 
 continuance of the matter is not compelled by an adverse report as aforesaid, the board 
 of supervisors, at its first regular meeting after the receipt of a report from the state 
 engineer, or at the first regular meeting after the expiration of the time allowed for 
 the making of such report if no such report has been received, shall set a time for a final 
 hearing of the matter. In any case the time set for the final hearing as aforesaid shall 
 not be less than one week from the meeting at which said time was set; provided, that 
 notice of the time of such final hearing shall be given by registered mail to such party 
 as shall have been designated for that purpose by the petitioners, or by publication for 
 at least three days in one daily newspaper published in the county in which the lands 
 
 i
 
 1235 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266. 8§ 2a-4 
 
 within the proposed district, or the greater portion thereof are situated, A failure to 
 g^ve such last mentioned notice, however, shall not affect the validity of subsequent 
 proceedings. On a final hearing herein provided for, the board may adjourn from time 
 to time, but at no time for a longer period than three days until a determination of 
 the matter is reached. On said final hearing said board shall make such changes in the 
 proposed boundaries as it may deem advisable and shall define and establish such bound- 
 aries, but said board shall not modify said boundaries so as to exclude from such pro- 
 posed district any territory which is susceptible of irrigation from any of the sources 
 proposed, unless said board shall decide to modifj' the plan for such proposed district, 
 as herein provided, nor shall any lands which will not, in the judgment of said board, p*^ 
 benefited by irrigation by means of said systems or works be included within such pro- 
 posed district. Lands already irrigated and riparian lands may be included in the dis- 
 trict if in the judgment of the board of supervisors such land will be benefited, or if 
 ■*he water used thereon or the rights to the use of water thereon should, in the judg- 
 ia,ant of the board of supervisors, be taken or acquired for the district. Any person 
 whose lands are susceptible of irrigation from any of the proposed sources may, upon 
 iis application, in the discretion of said board, have such lands included within said 
 proposed district. [Amendment of May 16, 1919, Stats. 1919, p. 714; submitted on 
 referendum at the general election of November 2, 1920, and adopted. In effect Decem- 
 ber 9, 1920.] 
 
 This section was amended February 11, 1909, Stats. 1909, p. 12; Ma-rch 26, 1911, Stats 
 1911. p. 509; June 13, 1913, Stats. 1913, p. 993; May 18, 1917, Stats. 1917, p. 751. 
 
 Duty of state engineer. 
 
 § 2a. The state engineer shall have authority, and it shall be his duty, to give in- 
 formation so far as may be practicable to persons contemplating the organization of 
 irrigation districts under the provisions of this act. Whenever the department of engi- 
 neering shall deem it in the public interest that preliminary surveys and field investiga- 
 tions of proposed irrigation district projects shall be made at the expense of the state, 
 the state engineer shall make such surveys and field investigations of such proposed irri- 
 gation district projects, and, pending the completion of such surveys and investigation, 
 the state water commission shall have authority to withhold from appropriation any 
 unappropriated waters likely to be needed therefor. [New section added May 19, 1917. 
 [n effect July 27, 1917. Stats. 1917, p. 755.] 
 
 Order reaffirming conclusions. 
 
 § 3. Upon the final hearing of said petition or said matter, the board of supervisors 
 shall make an order reaffirming its conclusions as to the genuineness and sufficiency of 
 the petition and notice hereinbefore provided for, reciting that a report regarding the 
 proposed district has been made by the state engineer and is on file with the other 
 records of the board, and describing the boundaries of the proposed district as defined 
 and established by said board. Said order shall be entered in full upon the minutes of 
 said board. At said final hearing no evidence shall be heard against the genuineness or 
 suflBciency of said petition or notice unless it shall be shown to the satisfaction of said 
 board that new evidence which, if uncontradicted, would disprove the genuineness or 
 sufficiency of said petition or notice has been discovered since said board adopted the 
 resolution declaring that said petition and notice complied with all the requirements of 
 this act. In case any new evidence is admitted, full opportunity shall be given for the 
 introduction of evidence in rebuttal thereof. [Amendment approved June 16, 1913, 
 Stats. 1913, p. 996.] 
 
 Finding of board to be conclusive. 
 
 § 4. A finding of the board of supervisors in favor of the genuineness and suffi- 
 ciency of the petition and notice shall be final and conclusive against all persons ezc^t
 
 Act 2200. 8§ 5-9 GKM-RAI. LAWS. 1230 
 
 the state of California upon suit conimonced by the attorney general. Any such suit 
 must be couimenced within one year after the order of the board of supervisors declaring 
 such district organized as herein provided, and not otherwise. [Amendment approved 
 January 2, 1012. Stats. 1911, p. 139, extra session.] 
 
 Division in districts, and election of directors. 
 
 ^ 5. If, on said final hearing, the boundaries of the proposed district are defined and 
 established, said board shall make an order dividing said district into five divisions, as 
 nearly equal in size as may be practicable, which shall be numbered first, second, third, 
 fourth and fifth, and one director shall be elected for each division by the electors 
 thereof; provided, that if so requested in said petition, the board may order that there 
 shall be only three divisions in said district, and that only three directors be elected, 
 and that the directors may be elected by the district at large, or by divisions, as such 
 petition shall provide, but in any event such directors shall be elected to represent sep- 
 arate divisions and shall be residents of the respective divisions they are elected to 
 represent. [Amendment of June 9, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 13G8.] 
 
 Election on organization. Publication of notice. 
 
 ^ 6. Said board of supervisors shall then give notice of an election to be held in such 
 proposed district, for the purpose of determining whether or not the same shall be 
 organized under the provisions of this act. Such notice shall describe the boundaries 
 so established, and shall designate a name for the proposed district, and said notice 
 shall be published for at least three weeks previous to such election, in a newspaper 
 published within the county in which the petition for the organization of the proposed 
 district was presented; and if any portion of such proposed district is within another 
 county or counties, then such notice shall be published for the same length of time in a 
 newspaper published in each of said counties. Such notice shall require the electors to 
 cast ballots, which shall contain the words "Irrigation District — Yes," or "Irrigation 
 District — No," or words equivalent thereto, and also the names of persons to be voted 
 for at said election. For the purposes of said election the. board of supervisors must 
 establish a convenient number of election precincts in said proposed district, and define 
 the boundaries of the same. Such election shall be conducted as nearly as practicable 
 in accordance with the general election laws of the state, but no particular form of 
 ballot shall be required. 
 
 Officers to be elected. Consolidation of offices. 
 
 § 7. At such election there shall be elected a board of directors, and an assessor, 
 tax collector, and treasurer; provided, that where a consolidation of ofScers as herein- 
 after provided for is deemed advisable in the organization of a district, the petitioners 
 may request in their petition for organization such consolidation, and the board of 
 supervfsors calling the election shall in its order therefor announce such consolidation, 
 and then only one person shall be elected to fill the several offices so consolidated. 
 
 Qualifications of electors. 
 
 ^ 8. No pei-son shall be entitled to vote at any election held under the provisions 
 of this act unless he possesses all the qualilications required of electors under the gen- 
 eral election laws of the state. 
 
 ^ 9. The board of supervisors shall meet on the second Monday succeeding such elec- 
 tion, and shall proceed to canvass the votes cast thereat, and if upon such canvass it 
 appears that a majority of all the votes cast are "irrigation district — ^yes, " said board 
 shall, by an order entered on its minutes, declare the territory duly organized as an 
 irrigation district, under the name theretofore designated, and shall declare the per-
 
 12S7 IRRIGATION AXD IRRIGATION DISTRICTS. Act 22C6, §§ 10-14 
 
 sons receiving respectively the highest number of votes at said election to be duly- 
 elected. [Amendment of May 26, 1919, Stats. 1919, p. 714. Submitted on referendum 
 at the general election of November 2, 1920. In effect December 9, 1920.] 
 
 Order to "be filed with county recorder. Organization complete when. 
 
 $ 10. Said board shall then cause a copy of such order, duly certified, to be imme- 
 diately filed for record in the office of the county recorder of any county in which any 
 portion of the lands embraced in such district are situated, and must also immediately 
 forward a copy thereof to the clerk of the board of supervisors of each of said last- 
 mentioned counties, and no board of supervisors of any county in which any portion 
 of the lands embraced in such district are situated shall, after the date of the organiza- 
 tion thereof, allow another district to be formed including any portion of said lands, 
 without the consent of the board of directors of the district in which they are situated. 
 From and after such filing, the organization of such district shall be complete. 
 
 Election may T>e contested. Appeal. 
 
 § 11. Such election, on organization, may be contested by any person owning prop- 
 erty within the proposed district liable to assessment. The directors elected at such 
 election shall be made parties defendant. Such contest shall be brought in the supe- 
 rior court of the county where the petition for organization is filed; provided, that if 
 more than one contest be pending they shall be consolidated and tried together. The 
 court having jurisdiction shall speedily try such contest, and determine, upon the hear- 
 ing, whether the election was fairly conducted and in substantial compliance with the 
 requirements of this act, and enter its judgment accordingly. Such contest must be 
 brought within twenty days after the canvass of the vote and declaration of the result 
 by the board of supervisors. The right of appeal is hereby given to either party to 
 the record within thirty days from entry of judgment. The appeal must be heard and 
 determined by the supreme court within sixty days from the time of filing the notice 
 of appeal. 
 
 Tenure of of&ce. 
 
 1^ 12. The officers elected at the election hereinbefore provided for shall immediately 
 enter upon their di;ties as such, upon qualifying in the manner for such officers herein 
 provided. Said officers shall hold office respectively until their successors are elected 
 and qualified. 
 
 DUTIES AND POWERS OF THE BOAED OF DIRECTORS. 
 Duties and powers of board of directors. Organization. Salary of secretary. 
 
 ^ 13. The directors of any district created after the passage of this act, on the first 
 Tuesday after their election, after they shall have qualified, shall meet and classify 
 themselves by lot into two classes, as nearly equal in number as possible, and the term 
 of office of the class having the greater number shall expire at the next general Feb- 
 ruary election in this act provided for; and the term of office of the class having the 
 lesser number shall terminate at the next general February election thereafter. After 
 such classification, said directors shall organize as a board, shall elect a president 
 from their number, and appoint a secretary, Avho shall each hold office during the 
 pleasure of the board. The salary of the secretary and the amount of the bond to be 
 given by him for the faithful performance of his duties shall be fixed by the board of 
 directors. 
 
 Board of directors, monthly meetings. Special meetings. Quorum. 
 
 ^14. The board of directors shall hold a regular meeting on the first Tuesday of 
 each month at the place selected as the office of the board; provided, tliat the board 
 may, by resolution duly entered upon its minutes, fix any other time as the time for its
 
 Afl22C«.efl 14n. 15 GENERAL LAWS. 1238 
 
 rojrular monthly meeting, but no change in the time of holding regular meetings of the 
 board shall be made until after the resolution proposing such change has been pub- 
 lished once a week for two successive weeks in a newspaper published in the county 
 in which the ofliee of the district is kept. Such special meetings of the board of direc- 
 tors may be held as may be required for the proper transaction of the business of the 
 district, but a special meeting must be ordered by a majority of the board. The order 
 must be entered of record, and five days notice thereof must by the secretaiy be given 
 to each director not joining in the order. The order must specify tlie business to be 
 transacted, and no other business than that specified in the order may be transacted 
 at such .special meeting, unless all the members are present and consent to the con- 
 sideration of any business not specified in said order. All meetings of the board must 
 be public and three members shall constitute a quorum for the transaction of business; 
 provided, however, that when the board consists of three members only, then in such 
 case two shall constitute a quorum for the transaction of business, but on all questions 
 requiring a vote, except a motion to adjourn or a motion to adjourn to a stated time, 
 there shall be a concurrence of at least the number constituting a quorum. A smaller 
 number of directors than a quorum may adjourn from day to day. All records of the 
 board shall be open to public inspection during business hours. Whenever any act is 
 required to be done or proceeding taken by this act, or by an act supplemental or 
 amendatory thereto, on the first Tuesday in any month, such act may be done or pro- 
 ceeding liad upon the day specified in the resolution hereinbefore referred to as the 
 time for the regular meeting of the board of directors; provided, also, that when a day 
 other than the first Tuesday in the month shall have been specified as the time for the 
 regular meeting of the board of directors, thereafter the newly elected officers of the 
 district shall take office at noon on the day fixed for the regular monthly meeting of 
 said board in March and said board shall meet for reorganization and the transaction 
 of any other business of the district in the afternoon of said day. [Amendment of 
 May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 756.] 
 
 This section was also amended April 19, 1909. Stats. 1909, p. 998. 
 
 Publication of financial condition. 
 
 ^ 14a. The board of directors at their regular monthly meeting in January of each 
 vear shall render and immediately thereafter cause to be published a verified state- 
 ment of the financial condition of the district, showing particularly the receipts and 
 disbursements of the last preceding year, together with the source of such receipts and 
 purpose of such disbursements. Said publication shall be made at least once a week 
 for two weeks, in some newspaper, published in the county where the office of the board 
 of directors of such district is situated. [New section added May 19, 1917. In effect 
 July 27, 1917. Stats. 1917, p. 756.] 
 
 Powers of directors, 
 
 $ 15. The board of directors shall have the power and it shall be their duty to 
 manage and conduct the business and affairs of the district; make and execute all 
 necessary contracts; employ and appoint such agents, officers, and employees as may 
 be required, and prescribe their duties. Tlie board and its agents and employees shall 
 have the right to enter upon any land to make surveys, and may locate the necessary 
 irrigation works and the line for canal or canals, and the necessary branches for the 
 same on any lands which may be deemed best for such location. Said board shall also 
 have the right to acquire, by purchase, lease, contract, condemnation, or other legal 
 means, all lands, and waters, and water rights, and other property necessary for the 
 construction, use, supply, maintenance, repair and improvements of said canal, or 
 canals, and works, whether in this or in other states or in a foreign nation, including 
 canals, and works constructed and being constructed by private owners, lands for 
 
 I
 
 t289 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266, §8 15a-15d 
 
 reservoirs for the storage of needful waters, and all necessarj' appurtenances, and also 
 where necessary or convenient to said ends to acquire and hold the stock of other cor- 
 porations domestic or foreign owning waters, canals, waterworks, franchises, conces- 
 sions or rights. Said board may enter into, and do any acts necessary or proper for 
 the performance of, any agreements with the United States, or any state, county, 
 district of any kind, public or private corporation, association, firm or individual, or 
 any number of them, for the joint acquisition, construction, leasing, ownership, dis- 
 position, use, management, maintenance, repair or operation of any rights, works or 
 other property of a kind which might lawfully be acquired or owned by the irrigation 
 district, and may acquire the right to store water in any reservoirs or to carry water 
 through any canal, ditch or conduit not owned or controlled by the district, and may 
 grant to any owner or lessee of the right to the use of any water the right to store such 
 water in any reservoir of the district or to carry such water through any canal, ditch 
 or conduit of the district. [Amendment of May 16, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 661.] 
 
 This section was also amended March 26, 1911, Stats. 1911, p. 510; May 18, 1917, Stats. 
 1917, p. 751. 
 
 § 15a. [New section added May 19, 1917. Stats. 1917, p. 755. Repealed May 16, 
 1919. In effect July 22, 1919. Stats. 1919, p. 661.] 
 
 Dams. Conveyances. 
 
 $ 15b. The board of directors of any irrigation district may also construct the 
 necessary dams, reservoirs, and works for the collection of water for said district, and 
 do any and every lawful act necessary to be done, that sufficient water may be furnished 
 to each landowner in said district for irrigation and domestic purposes; provided, that 
 where, within irrigation districts mutual water companies have been organized to 
 furnish water to certain specified lands within said districts, the board of directors of 
 such districts are hereby authorized and empowered to contract for the delivery of 
 water for such lands as lie within the boundary of said water companies, through said 
 mutual water companies only. The said board is hereby authorized and empowered 
 to take conveyances, leases, contracts or other assurances for all property acquired by 
 it under the provisions of this act, in the name of such irrigation district, to and for 
 the uses and purposes herein expressed, and to institute and maintain any and all 
 actions and proceedings, suits at law or in equity necessary or proper in order to fully 
 carry out the provisions of this act, or to enforce, maintain, protect or preserve any and 
 all rights, privileges and immunities created by this act, or acquired in pursuance 
 thereof. And in all courts, actions, suits or proceedings, the said board may sue, 
 appear and defend in person or by attorneys, and in the name of such irrigation dis- 
 trict. [New section added May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 758.] 
 
 Rules for use of water. 
 
 § 15c. It shall be the duty of the board of directors of any irrigation district to 
 establish equitable by-laws, rules and regulations for the distribution and use of water 
 among the owners of said lands, which must be printed in convenient form for distribu- 
 tion in the district. Said board shall have power generally to perform all such acts as 
 shall be necessary to fully carry out the purposes of this act. [New section added 
 May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 758.] 
 
 Change election precincts. Lease canals. 
 
 $ 15d. The board of directors, when they deem it advisable for the best interests of 
 the district, and the convenience of the electors thereof, may at any time, but not less 
 than sixty days before an election to be held in the district, change the boundaries of 
 the divisions or election precincts of the district or of both; provided, such changes
 
 Aot 22G0. gg 15Va-18 GENERAL LAWS. 1240 
 
 shall be made to keep each division as nearly equal in area and population as may be 
 practicable. Such change of boundaries of the divisions and precincts must be shown 
 on the minutes of the board. The board of directors of any irrigation district now or 
 that may hereafter be organized in the state, shall also have the power, and such board 
 is hereby vested with the authority, to lease the system of canals and works in the 
 district, or any part thereof, whenever such leasing may be for the benefit of the dis- 
 trict; provided, that when the directors of any irrigation district contemplate the 
 leasing of the canals and works of such district, they shall give notice of such con- 
 templation by publishing the same in some newspaper published in the county in which 
 such irrigation district lies, at least three weeks prior to the making of any lease, and 
 such lease shall be made to the highest bidder. But such board shall have the riglit 
 to reject any and all bids. Such lease shall in no way interfere with any rights that 
 may have been established by law, at the time such lease is made; and, further pro- 
 vided, that the board of directors shall require a good and suflBeient bond to secure 
 faithful performance of the lease by the lessees. [Formerly section 15^^, amended 
 and number changed. Amendment of May 19, 1917. In effect July 27, 1917. Stats. 
 1917, p. 759.] 
 
 § 151/2- [Added March 28, 1901, Stats. 1901, p. 815. Amended March 28, 1911, Stato. 
 1911, p. 512. Number changed to 15d May 19, 1917, Stats. 1917, p. 759.] 
 
 Condemnation proceedings. 
 
 § 16. In case of condemnation proceedings the board shall proceed, in the name of 
 the district, under the provisions of title seven, part three of the Code of Civil Pro- 
 cedure of the state of California, and all pleadings, proceedings, and process in said 
 title provided shall be applicable to the condemnation proceedings hereunder. [Amend- 
 ment of May 1917. In effect July 27, 1917. Stats. 1917, p. 759.] 
 
 WATER REGULATION. 
 Public use. 
 
 ^ 17. The use of all water required for the irrigation of the lands of any district 
 
 formed under the provisions of this act, or the act of which this is supplementary or 
 
 amendatory, and for domestic and other incidental and beneficial uses, within such 
 
 district, together with the rights of way for canals and ditches, sites for reservoirs, and 
 
 all other property required in fully carr^'ing out the provisions of this act is hereby 
 
 declared to be a public use, subject to the regulation and control of the state, in th<^ 
 
 manner prescribed by law. [Amendment approved March 28, 1911. Stats. 1911, p. 512.] 
 
 Apportionment of water. 
 
 § 18. It is hereby expressly provided that all waters distributed for irrigation pu • 
 poses shall be apportioned ratably to each land owner upon the basis of the ratio which 
 the last assessment of such owner for district purjDoses within said district bears to the 
 whole sum assessed upon the district; and any land owner may assign the right to the 
 whole or any portion of the waters so apportioned to him; provided, that when any 
 rates of toll and charges for the use of water are fixed by the board of directors, as 
 provided in section fifty-five of this act, the water for the use of which such rates of 
 toll and charges have been fixed shall be distributed equitably, as may be provided by 
 the board of directors, among those offering to make the required payment therefor; 
 and in-ovided, further, that if an irrigation district has contracted to deliver, and is 
 delivering, water to mutual water companies for distribution to territory served thereby, 
 the water shall be apportioned on such a basis as the board of directors shall find to 
 be just and equitable and for the best interests of all parties concerned. [Amendment 
 of May 16, 1919. In effect July 22, 1919. Stats. 1919, p. 661.]
 
 J2il IRRIGATIOX AXD IRRIGATION DISTRICTS. Act 2266, §§ 19-19b 
 
 GENERAL ELECTIONS. 
 Irrigation district officers to be elected. 
 
 § 19. An election, which shall be known as the general irrigation district election, 
 shall be held in each irrigation district on the first Wednesday in February in each 
 odd-numbered year, at which a successor shall be chosen to each officer whose terni 
 shall expire in March next thereafter. The person receiving the highest number of 
 votes for each office to be filled at such election shall be elected thereto. The elective 
 officers of an irrigation district shall be as many directors as there are divisions in the 
 district, and an assessor, a collector and a treasurer; provided, that if any two or more 
 offices shall have been consolidated as provided in section seven or section twenty-seven 
 hereof, only one person shall be elected to fill such consolidated offices. The term of 
 office of each elective officer of an irrigation district elected at or after the general 
 irrigation district election in one thousand nine hundred nineteen shall be four years, 
 or until his successor is elected and has qualified. [Amendment of May 19, 1917. In 
 effect July 27, 19l7. Stats. 1917, p. 759.] 
 
 This section was also amended June 8, 1915, Stats. 1915, p. 1326, 
 
 Official bonds. 
 
 $ 19a. Within ten days after receiving their certificates of election hereinafter 
 provided for, said officers shall take and subscribe the official oath, and file the same 
 in the office of the board of directors, and execute the bond hereinafter provided for. 
 The assessor shall execute an official bond in the sum of five thousand dollars, and the 
 collector an official bond in the sum of twenty thousand dollars, and the district treas- 
 urer an official bond in the sum of fifty thousand dollars; each of said bonds to be 
 approved by the board of directors; provided, that the board of directors may, if it 
 shall be deemed advisable, fix the bonds of the treasurer and collectop, respectively, 
 to suit the conditions of the district, the maximum amount of the treasurer's bond not 
 to exceed fifty thousand dollars, and the minimum amount thereof not to be less than 
 ten thousand dollars; and the maximum amount of the collector's bond not to exceed 
 twenty thousand dollars, and the minimum amount of the collector's bond not to be 
 less than five thousand dollars. Each member of said board of directors shall execute 
 and official bond in the sum of five thousand dollars, which said bonds shall be ap- 
 proved by the judge of the superior court of said county where such organization was 
 effected, and shall be recorded in the office of the county recorder thereof, and filed with 
 the secretary of said board. All official bonds herein provided for shall be in the form 
 prescribed by law for the official bonds of county officers and premiums thereon may 
 be paid by the district; provided, that in case any district organized under this title 
 is appointed fiscal agent of the United States or by the United States in connection 
 with any federal reclamation project, each of said officers shall execute a further and 
 additional official bond in such sum as the secretary of the interior may require, con- 
 ditioned for the faithful discharge of the duties of his office and the faithful discharge 
 by the district of its duties as fiscal or other agent of the United States under any 
 such appointment or authorization, and any such bond may be sued upon by the 
 United States or any person injured by the failure of such officer or the district to fully, 
 promptly and completely perform their respective duties. [New section added May 19, 
 1917. In effect July 27, 1917. Stats. 1917, p. 760.] 
 
 If election be not held. 
 
 § 19b. If an election is not held as herein provided, then upon the filing of a peti- 
 tion with the secretary of the board of directors of such district, signed by ten per 
 cent of the electors residing within the boundaries of any such iiTigation district, 
 requesting that a special election be called for the election of such officers, the directors 
 of such district shall thereupon call a special election thereof for the election of sr.ch
 
 Act 2366, §§ 20-22a GBNERAL LAWS. 1242 
 
 oflScers, such election to be held within not less than fifteen, nor more than thirty days 
 after the filing of such petition. [New section added May 19, 1917. In effect July 27, 
 1917. Stats. 1917, p. 760.] 
 
 Beginning of term. Organization. 
 
 § 20. At noon of the first Tuesday in March next following their election, except 
 as provided in section fourteen of this act, the ofl&cers who shall have been elected at 
 the preceding general irrigation district election shall enter upon the duties of their 
 respective ofiices. On the first Tuesday in March next following each election, the 
 directors shall meet and organize as a board, elect a president and appoint a secretary, 
 who shall each hold office during the pleasure of the board. [Amendment of May 19, 
 1917. In effect July 27, 1917. Stats. 1917, p. 761.] 
 
 Notice of elections. Election officers. 
 
 § 21. Fifteen days before any election held under this act, subsequent to the organ- 
 ization of any district, the secretary of the board of directors shall cause notices to 
 be posted in three public places in each election precinct, of the time and place of 
 holding the election, and shall also post a general notice of the same in the office of 
 said board, which shall be established and kept at some fixed place, to be determined 
 by said board, specifying the polling places of each precinct. Prior to the time for 
 posting the notices, the board must appoint for each precinct, from the electors thereof, 
 one inspector and two judges, who shall constitute a board of election for such precinct. 
 If the board fail to appoint a board of election, or the members appointed do not 
 attend at the opening of the polls on the morning of election, the electors of the precinct 
 present at that hour may appoint the board, or supply the place of an absent member 
 thereof. Tha board of directors must, in its order appointing the board of election, 
 designate the house or place within the precinct where the election must be held. 
 
 Officers of election board. Oaths, who may administer. Polls, opening of. 
 
 § 22. The inspector is chairman of the election board and may administer all oaths 
 required in the process of an election; and appoint judges and clerks, if, during the 
 progress of the election, any judge or clerk cease to act. Any number of the board 
 of election, or any clerk thereof, may administer and certify oaths required to be 
 administered during the progress of an election. The board of election of each precinct 
 nust, before opening the polls, appoint two persons to act as clerks of the election. 
 Before opening the polls, each member of the board and each clerk must take and 
 subscribe an oath to faithfully perform the duties imposed upon them by law. Any 
 elector of the precinct may administer and certify such oath. The polls must be 
 opened at 8 a. m. on the morning of the election, and be kept open until 4 p. m., when 
 the same must be closed. [Amendment approved April 22, 1909. Stats. 1909, p. 1062.J 
 
 Ballots. Manner of voting. 
 
 ^ 22a. The ballot used at the election shall be provided by the board of directors, 
 and one of the clerks of election shall deliver, to each of the electors, one of the ballots 
 so provided. The ballots shall have printed on them the names of all candidates whose 
 names have been filed as provided in this act, with a voting square behind each name. 
 The names shall be arranged in groups, alphabetically, under the designation of the 
 office for which each person named is a candidate. Where more than one person is 
 to be elected for an office of the same title, the words "Vote for .... (inserting the 
 proper number) ' ' shall be printed under the title of the office. Each elector shall 
 stamp a cross, with a rubber stamp to be provided by the board of directors, in the 
 square behind the name of each candidate he wishes to vote for. [New section 
 approved April 22, 1909. Stats. 1909, p. 1062.]
 
 1243 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266, §§ 22b-25 
 
 Nominating petitions. 
 
 $ 22b. Not less than ten days before the election, any ten or more electors in the 
 district may file with the board of directors a petition, requesting that certain persons, 
 specified in such petition be placed on the ballot as candidates for the oflSce named in 
 the petition. The names proposed by the various petitions so filed, and no others, 
 shall be printed on the ballots. But there shall be sufficient blank spaces left in 
 which electors may write other names if they so desire. The petitions shall be pre- 
 served in the office of the secretary of the district. [New section approved April 22, 
 1909. Stats. 1909, p. 1063.] 
 
 Voting and counting of votes. 
 
 § 23. Voting may commence as soon as the polls are opened, and may be continued 
 during all the time the polls remain opened, and shall be conducted, as nearly as 
 practicable, in accordance with the provisions of the general election laws of this 
 state. As soon as all the votes are counted, a certificate shall be drawn up on each 
 of the papers containing the poll lists and tallies, or attached thereto, stating the 
 number of votes each one voted for has received, and designating the office to fill which 
 he was voted for, which number shall be written in figures and in words at full length. 
 Each certificate shall be signed by the clerk, judge, and the inspector. One of said 
 certificates, with the poll list and the tally paper to which it is attached, shall be 
 retained by the inspector, and preserved by him at least six months. The ballots shall 
 be strung upon a cord or thread by the inspector, during the counting thereof, in the 
 order in which they are entered upon the tally list by the clerks; and said ballots 
 together with the other of said certificates, with the poll list and tally paper to which 
 it is attached, shall be sealed by the inspector in the presence of the judges and clerks, 
 and indorsed "Election returns of (naming the precinct) precinct," and be directed to 
 the secretary of the board of directors, and shall be immediately delivered by the 
 inspector, or by some other safe and responsible carrier designated by said inspector, 
 to said secretary, and the ballots shall be kept unopened for at least six months; and 
 if any person be of the opinion that the vote of any precinct has not been correctly 
 counted, he may appear on the day appointed for the board of directors to open and 
 canvass the returns, and demand a recount of the vote of the precinct that is so claimed 
 to have been incorrectly counted. 
 
 Want of form, effect of. Canvass of votes. 
 
 ^ 24. No list, tally paper, or certificate returned from any election, shall be set 
 aside or rejected for want of form, if it can be satisfactorily understood. The board 
 of directors must meet at its usual place of meeting on the first Monday after each 
 election to canvass the returns. If, at the time of meeting, the returns from each 
 precinct in the district in which the polls were opened have been received, the board 
 of directors must then and there proceed to canvass the returns; but if all the returns 
 have not been received, the canvass must be postponed from day to day until all the 
 returns have been received, or until six postponements have been had. The canvass 
 must be made in public and by opening the returns and estimating the vote of the 
 district for each person voted for, and declaring the result thereof. 
 
 Duty of secretary. What records must show. Vacancies, how filled. 
 
 ^ 25. The secretary of the board of directors must, as soon as the result is declared, 
 enter in the records of such board a statement of such result, which statement must 
 show: (a) The whole number of votes cast in the district, and in each division of the 
 district; (b) the names of the persons voted for; (c) the office to fill which each person 
 was voted for; (d) the number of votes given in each precinct to each of such persons- 
 (e) the number of votes given in each division for the office of director, and the
 
 Act 22««, §g 20-281^ GENKRAI. LAWS. 1244 
 
 number of votes given in the district for the offices of assessor, collector, and treasurer. 
 The board of directors must declare elected the persons having the highest number of 
 votes given for each office. The secretary must immediately make out and deliver to 
 such person a certificate of election, signed by him, and authenticated with the seal 
 of the board. 
 
 In case of a vacancy in the office of assessor, collector, or treasurer, the vacancy 
 shall be filled by appointment of the board of directors; provided, that if said board 
 of directors shall neglect or refuse to make such appointment within a period of forty 
 days, then the board of supervisors of the county wherein the office of said board of 
 directors is situated shall make such appointment. In case of a vacancy in the office 
 of director, the vacancy shall be filled by appointment by the board of supervisoi-s of 
 the county where the office of such board of directors is situated, from the division 
 in which the vacancy occurred. An officer appointed as above provided shall hold his 
 office until the next regular election for said district, and until his successor is elected 
 and qualified. 
 
 Qualifications of director. 
 
 § 26. A director shall be a resident and freeholder of the irrigation district and a 
 resident of the division which he is elected to represent. [Amendment of May 19, 1917. 
 In effect July 27, 1917. Stats. 1917, p. 761.] 
 
 Consolidation of offices. 
 
 § 27. The board of directors may, in its discretion, consolidate any two or more 
 of the offices of assessor, collector, and treasurer. The order of consolidation must 
 be made at least thirty days prior to general election of the district, and shall take 
 effect at the next succeeding election; provided, that the board of directors may, at 
 least thirty days before a general election of the district, where the offices have been 
 consolidated, segregate the same, each office to be filled at such election. 
 
 Number of directors. 
 
 ^ 28. In any district the board of directors thereof must upon a presentation of 
 the petition therefor, by a majority of the holders of title, or evidence of title, of said 
 district, evidenced as above provided, order that on and after the next ensuing general 
 election for the district, there shall be either three or five directors. [Amendment of 
 May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 761.] 
 
 This section was also amended June 9, 1915, Stats. 1915, p. 1368. 
 
 Recall of officers. Petition for removal. Examination by secretary. Supplemental 
 petition. Election. Nominations. Contents of ballot. Successor to officer removed. 
 $ 281^. The holder of any elective office of any irrigation district may be removed 
 or recalled at any time by the electors; provided, he has held his office at least six 
 months. The provisions of this section are intended to apply to officials now in office, 
 as well as to those hereafter elected. The procedure to effect such removal or recall 
 shall be as follows: A petition demanding the election of a successor to the person 
 sought to be removed shall be filed with the secretary of the board of directors oC 
 such district, which petition shall be signed by registered voters equal in number to 
 at least twenty-five per cent of the highest vote cast within such district for candidates 
 for the office, the incumbent of which is sought to be removed, at the last general 
 election in such district at which an incumbent of such office was elected, or, in the 
 case of the removal of the incumbent of an office elected by a subdivision of such 
 district, such petition shall be signed by a like percentage of qualified electors of such 
 subdivision computed upon the total number of votes cast in such subdivision for all 
 candidates for the office, the incumbent of which is sought to be removed, at the last 
 general election in such subdivision at which an incumbent of such office was elected;
 
 1245 IRRIGATION VXD IRRIGATION DISTRICTS. Act 226« 
 
 and said petition shall contain a statement of the grounds on which the removal or 
 recall is sought, which statement is intended solely for the information of the electors. 
 Any insuflBciency of form or substance in such statement shall in nowise affect the 
 validity of the election and proceedings held thereunder. The signatures to the petition 
 need not all be appended to one paper. Each signer shall add to his signature his 
 place of residence, giving the precinct, and if within a town having named streets and 
 numbered houses, street and number. Each such separate paper shall have attached 
 thereto an affidavit made by an elector of the district and sworn to before an officer 
 competent to administer oaths, stating that the affiant circulated that particular paper 
 and saw written the signatures appended thereto; and that according to the best 
 information and belief of the affiant, each is the genuine signature of the person whose 
 name purports to be thereunto subscribed and of a qualified elector of the district. 
 Within ten days from the date of filing such petition, the secretary of the board ^all 
 examine and from the records of registration ascertain whether or not said petition 
 is signed by the requisite number of qualified electors, and he shall attach to said 
 petition his certificate showing the result of said examination. If by the said certificate 
 the petition is shown to be insufficient, it may be supplemented within ten days from 
 the date of such certificate, by the filing of additional papers, duj^licates of the original 
 petition except as to the names signed. The secretary shall, within ten days after such 
 supplementing papers are filed, make like examination of a supplementing petition, 
 and if a certificate shall show that all the names to such petition, including the supple- 
 mental papers, are still insufficient, no action shall be taken thereon; but the petition 
 shall remain on file as a public record; and the failure to secure sufficient names 
 shall be without prejudice to the filing later of an entirely new petition to the same 
 effect. If the petition shall be found to be sufficient, the secretary shall submit the 
 same to the board of directors without delay, whereupon the board shall forthwith 
 cause a special election to be held within not less than thirty-five nor more than forty 
 days after the date of the order calling such election, to determine whether the voters 
 will recall such officer; provided, that if a general election is to occur within sixty 
 days, from the date of the order calling for such election, the board may in its dis- 
 cretion postpone the holding of such election to such general election or submit such 
 recall election at any such general election for officers of such district occurring not 
 less than thirty-five days after such order. If a vacancy occur in said office after a 
 recall petition is filed, the election shall nevertheless proceed as in this section 
 provided. One petition is sufficient to propose a removal and election of one or more 
 elective officials. One election is competent for the removal and election of one or 
 more elective officials. Nominations for any office under such recall election shall be 
 made in the manner prescribed by section 22b of this act. 
 
 There shall be printed on the recall ballot, as to every officer whose recall is to 
 be voted on thereat, the following question: "Shall (name of person against whom 
 the recall petition is filed) be recalled from the office of (title of the office) V followinf» 
 which question shall be the words "Yes" and "No" on separate lines, with a blank 
 space at the right of each, in which the voter shall indicate, by stamping a cross (X) 
 his vote for or against such recall. On such ballots, under each such question, there 
 shall also be printed the names of those persons who have been nominated as candidates 
 to succeed the person recalled, in case he shall be removed from office by said recall 
 election; but no vote shall be counted for any candidate for said office unless the 
 voter also voted on said question of the recall of the person sought to be recalled from 
 said office. The name of the person against whom the petition is filed shall not appear 
 on the ballot as a candidate for the office. If a majority of those voting on said 
 question of the recall of any incumbent from office shall vote "No," said incumbent 
 shall continue in said office. If a majority shall vote "Yes," said incumbent shall
 
 Act 2266. §§ 29. 30 GENERAL LAWS. ' tZ*9 
 
 thereupon be deemed removed from such office, upon the qualification of his successor. 
 The election shall be conducted, canvass of all votes for candidates for said office shall 
 be made and the result declared in like manner as in a regular election within such 
 district. If the vote at any such recall election shall recall the officer, then the 
 candidate who has received the highest number of votes for the office shall be thereby 
 declared elected for the remainder of the term. In case the person who received the 
 highest number of votes shall fail to qualify within ten days after receiving the cer- 
 tificate of election, the office shall be deemed vacant and shall be filled according to 
 law. If the vote at any such recall election shall not recall the officer, no further 
 petition for the recall of such officer shall be filed before the expiration of six months 
 from the date of such first recall election. [New section added January 20, 1912, 
 Stats. 1911, p. 135, extra session.] 
 
 TITLE TO PROPERTY. 
 
 Title to property vests in district. To be held in trust. Power of board as to. 
 
 $ 29. The legal title to all property acquired under the provisions of this act shall 
 immediately and by operation of law vest in such irrigation district, and shall be held 
 by such district, in trust for, and is hereby dedicated and set apart to the uses and 
 purposes set forth in this act. And said board is hereby authorized and empowered 
 to hold, use, acquire, manage, occupy and possess said property, as herein provided. 
 The board of directors may determine by resolution duly entered upon their minutes 
 that any property, real or personal, held by such irrigation district is no longer neces- 
 sar- to be retain&a for the uses end purposes thereof, and may thereafter sell such 
 property; and a conveyance of any property held by an iis.Igation district, executed 
 by the president and secretary thereof, in accordance with a resolution of the board of 
 directors of such district, when sold for a valuable consideration, shall convey good 
 title to the property so conveyed, [Amendment approved April 22, 1909. Stats. 1909, 
 P- 1075.] ISSUANCE OF BONDS. 
 
 Estimate of money needed for improvements. Interest on bonds may be included in 
 
 estimate. 
 
 § 30. For the purpose of constructing or purchasing necessary irrigation canals 
 and works, and acquiring the necessary property and rights therefor, and for the 
 purpose of acquiring waters, water rights, reservoirs, reservoir sites, and other prop- 
 erty necessary for the purposes of said district, and otherwise carrying out the pro- 
 visions of this act, or anj' other act under which said district is or may be authorized to 
 acquire property or construct works, the board of directors of any such district must, 
 as soon after such district has been organized as may be practicable, and also whenever 
 thereafter the board of directors shall find that the construction fund raised by the 
 last previous bond issue is insufficient, or that the construction fund has been exhausted 
 by expenditures herein authorized therefrom and it is necessary to raise additional 
 money for said purposes, estimate and determine the amount of money necessary to be 
 raised. For the purpose of ascertaining the amount of money necessary to be raised for 
 such purposes, or any of them, said board shall cause such surveys, examinations, draw- 
 ings and plans to be made as shall furnish the proper basis for said estimate. Said 
 surveys, examinations, drawings and plans, and the estimate based thereon may provide 
 that the works necessary for a comjDleted project shall be constructed progressively 
 during a period of years. In the estimate of the amount of money necessary to be 
 raised by the first issue of bonds in any district, the board of directors may include a 
 sum sufficient to pay the interest on all of such bonds for three years or less. All 
 Bueh surveys, examinations, drawings and plans shall be made under the direction of
 
 1247 IRRIGATIOIV AND IRRIGATION DISTRICTS. Act 2266, g§ 30a-30c 
 
 a competent irrig-ation engineer and shall be certified by him. [Amendment of May 19, 
 1919. In effect July 22, 1919. Stats. 1919, 662.] 
 
 This section was also amended March 28, 1911, Stats. 1911, p. 512; June 16, 1913, Stats. 
 1913, p. 996; May 18, 1917, Stats. 1917, p. 761. 
 
 Reports submitted to commission. Report of commission. 
 
 § 30a. The board of directors shall then submit a copy of the said estimate and the 
 said engineer's report to the commission authorized by law to approve bonds of irri- 
 gation districts for certification as legal investments for savings banks and for the 
 other purposes specified in the act creating said commission. Said commission shall 
 forthwith examine said report and any data in its possession or in the possession of 
 said district and shall make such additional surveys and examinations at the expense 
 of the district as it may deem proper or practicable, and as soon as practicable there- 
 after shall make to the board of directors of said district a report which shall contain 
 such matters as, in the judgment of the said commission, may be desirable; provided, 
 that it may state generally the conclusions of said commission regarding the supply of 
 water available for the project, the nature of the soil proposed to be irrigated as to its 
 fertility and susceptibility to irrigation, the probable amount of water needed for its 
 irrigation and the probable need of drainage, the cost of works, water rights and other 
 property necessary for a complete and satisfactory project, the proper dates of matur- 
 ity for the bonds proposed to be issued and whether in its opinion it is advisable to 
 proceed with the proposed bond issue. If the estimate of the amount of said bond 
 issue shall have included any amount for the pajrment of interest on the bonds of such 
 issue, as provided in section thirty of this act, and such estimate for the payment of 
 interest, or any part thereof, is approved by the commission in said report, it shall be 
 lawful for the board of directors, if the issuance of such bonds is thereafter authorized 
 by vote of the electors of the district, to use for the payment of interest on any bonds 
 of such issue so much of the proceeds of the sale of said bonds as may have been 
 approved for that purpose in said report of the commission. [Amendment of May 16, 
 1919. In effect July 22, 1919. Stats. 1919, p. 663.] 
 
 This was a new section added May 18, 1917, Stats. 1917, p. 762. 
 
 Report to hoard of directors. Order of amount of bonds. 
 
 $ 30b. If after such examination and investigation the said commission shall deem 
 it advisable that the said plans be modified or that the amount of the bonds proposed 
 to be issued be changed, or that certain conditions should be prescribed to insure the 
 success of the project, or that in its opinion it is not advisable to proceed with the 
 proposed bond issue, it shall so state in its report to the board of directors. After 
 receiving said report, or if no report is received within ninety days after the sub- 
 mission of said estimate and engineer's report to said commission, said board of direc- 
 tors, if it shall determine and shall declare by resolution that the proposed plan of 
 works or some modified plan recommended by said commission is satisfactory and that 
 the said project or said modified plan is feasible, shall make an order determining the 
 amount of bonds that should be issued in order to raise the money necessary therefor ; 
 and provided, further, that if any district shall issue bonds to carry out any plans 
 approved by said irrigation district bond commission as herein provided it shall be 
 unlawful for said district to make any material change in said plans thereafter with- 
 out the consent of said commission. [Amendment of May 16, 1919. In effect July 22, 
 1919. Stats. 1919, p. 663.] 
 
 This was a new section added May 18, 1917, Stats. 1917, p. 762. 
 
 Special election for bond issue. 
 
 $ 30c. After the making of the order specified in section thirty b of this act said 
 board of directors may call a special election, at which shall be submitted to the electors
 
 Act 21>6G, §§ 30d-30e GBNIDRAL LAWS. 1248 
 
 of suoh district possessing the qualifications prescribed by this act, the question whether 
 or not the bonds of said district in the amount determined in said order of said board 
 shall be issued, and said board must call such an election and submit said question 
 upon receipt of a petition signed by a majority of the holdei's of title or evidence of 
 title to lands within the district, representing, also, a majority in value of said lands, 
 or by at least five hundred petitioners, each petitioner to the number of at least five 
 hundred to be an elector residing within the district or a holder of title or evidence of 
 title to lands therein, provided that said petitioners shall include the holders of title or 
 evidence of title to not less than twenty per cent in value of said lands. In deter- 
 mining the value of any lands within an irrigation district and the holders of title or 
 evidence of title to such lands for the purpose of determining the sufficiency of any 
 petition required by this act after the organization of the district, the assessment roll 
 of the district last equalized at the time of the presentation of such petition shall be 
 conclusive evidence, but if no assessment roll of the district has theretofore been 
 equalized, then the county assessment roll of the county within which any land within 
 the district is situated, which county assessment roll has been last equalized at the time 
 of the presentation of such petition, shall be conclusive evidence of such facts for such 
 land. [Amendment of May 16, 3919. In effect July 22, 1919. Stats. 1919, p. 664.] 
 This was a new section added May 18, 1917, Stats. 1917, p. 762. 
 
 Notice. 
 
 V^ 30d. Notice of such election must be given by posting notices in three public places 
 in each election precinct in said district for at least twenty days and also by publica- 
 tion of such notice in some newspaper published in the county where the office of the 
 board of directors of such district is required to be kept, once a week for at least three 
 successive weeks. Such notices must specify the time of holding the election, the 
 amount of bonds proposed to be issued; and said election must be held and the result 
 thereof determined and declared in all respects as nearly as practicable in conformity 
 with the provisions of this act governing the election of officers; provided, that no 
 informalities in conducting such an election shall invalidate the same if the election 
 shall have been otherwise fairly conducted. [New section added May 19, 1917. In 
 effect July 27, 1917. Stats. 1917, p. 763.] 
 
 Questions on ballet. Ballots. 
 
 ^ 30e. At said election questions as to the issuance of bonds may be submitted 
 separately on the same ballot if estimates of the cost of the respective projects have 
 been made and the irrigation district bond commission has reported thereon and the 
 respective propositions have been stated in the notices of the election. At such election 
 the ballots shall contain a general statement of the proposition or propositions to be 
 voted on, including the amount of bonds proposed to be issued for each purpose, but 
 no informality in such statement shall vitiate the election. Each proposition shall be 
 followed by the words "Yes" and "No," on separate lines, with a small inclosed 
 space after each of said words. Tbe electors shall vote for or against any proposition 
 by stamping a cross (X) i^ the voting space after the word "Yes" or "No" 
 respectively. On the ballot shall be printed the following under the heading "Instruc- 
 tions to voters": "To vote for a proposition, stamp a cross (X) in the voting space 
 after the word 'Yes' following the proposition. To vote against a proposition, stamp 
 a cross (X) i° the voting space after the word 'No' following the proposition." If 
 two- thirds of the votes cast for and against any proposition are for "Yes," the board 
 of directors shall cause bonds in the amount specified in such proposition to be issued; 
 provided, that if said election shall have been called after the presentation of a petition 
 therefor as provided in section thirty c of this act, the board of directors shall cause 
 bonds in the amount specified in any proposition to be issued if a majorit}' of the votes
 
 1249 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266, § 31 
 
 cast for and against said proposition are for "Yes." If the number of votes for any 
 proposition is less than the number required herein to authorize the issuance of the 
 bonds provided for therein, the result of the vote on said proposition shall be entered 
 of record, but said proposition may be again submitted to the electors of the district 
 at a special election upon the presentation to the board of directors of a petition there- 
 for signed as provided in section thirty c of this act. [Amendment of May 16, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 664.] 
 
 This was a new section added May 18, 1917, Stats. 1917, p. 763. 
 
 Form of bonds. Interest. Life of bonds. May be paid at other periods. 
 
 § 31. Subject to the provisions of this act, the board of directors shall prescribe the 
 form of the bonds issued by the district and of the interest coupons to be attached 
 thereto. An issue of bonds is hereby defined to be all the bonds issued in accordance 
 with a proposal approved by the electors of the district. Each issue of the bonds of a 
 district shall be numbered consecutively as authorized, and the bonds of each issue shall 
 be numbered consecutively. The board of directors shall fix the date of said bonds, 
 or may divide any issue into two or more -divisions and fix different dates for the bonds 
 of each resjDective division. The date of any bond must be subsequent to the election 
 at which its issuance was authorized and prior to its delivery to a purchaser from the 
 district. The date of issue of any bond authorized under this act or heretofore or 
 hereafter issued in pursuance of this act shall be deemed to be the apparent date of 
 the said bond appearing on the face thereof. Each bond shall be signed by the presi- 
 dent and secretary of the board of directors of the district, who may be in office at 
 the date of said bond or at any time thereafter prior to the delivery of said bond to 
 the purchaser thereof from the district, and the seal of the district shall be impressed 
 on each bond. The interest coupons shall also bear the signature of the secretaiy of 
 the board of directors or a facsimile of such signature. The board of directors shall 
 fix the denominations of said bonds, which shall not be less than one hundred dollars 
 nor more than one thousand dollars. Said bonds shall bear interest at a rate to be 
 fixed by the board of directors, but the rate shall not exceed six per centum per annum. 
 The interest shall be payable on the first day of January and the first day of July of 
 each year. The board of directors shall also designate the place or places at which said 
 bonds or any of them and the interest thereon shall be pa3'able. Each issue or each 
 division of any issue of said bonds shall be payable in gold coin of the United States 
 in twenty series as follows, to wit : at the expiration of twenty-one years from the 
 date of any issue or any division of any issue of said bonds, two per centum of the 
 whole amount of such issue or division; at the expiration of twenty-two years from 
 said date, two per centum of the whole amount of such issue or division; at the expira- 
 tion of twenty-three years from said date; three per centum of the whole amount of 
 such issue or division; at the expiration of twenty-four years from said date, three 
 per centum of the whole amount of such issue or division; at the expiration of twenty- 
 five years from said date, four per centum of the whole amount of such issue or divi- 
 sion; at the expiration of twenty-six years from said date, four per centum of the 
 whole amount of such issue or division; at the expiration of twenty-seven years from 
 said date, four per centum of the whole amount of such issue or division ; at the expira- 
 tion of twenty-eight j'ears from said date, four per centum of the whole amount of 
 such issue or division; at the expiration of twenty-nine years from said date, five per 
 centum of the whole amount of such issue or division; at the expiration of thirty j'ears 
 from said date, five per centum of the whole amount of such issue or division; at the 
 expiration of thirty-one years from said date, five per centum of the whole amount of 
 such issue or division; at the expiration of thirty-two j'ears from said date, five 
 per centum of the whole amount of such issue or division; at the expiration of 
 thirty-three years from said date, six per centum of the whole amount of such 
 
 Gen. Laws — 79
 
 Aa 'iaee, gg 32-3aVi GENERAL, LAWS. 1250 
 
 issue ex division; at the expiration of thirty-four years from said date, six per centum 
 of the whole amount of such issue or division; at the expiration of thirty-five years 
 from said date, six per centum of the whole amount of such issue or division; at the 
 expiration of thirtj'-six years from said date, six per centum of the whole amount of 
 such issue or division; at the expiration of thirty-seven years from said date, seven per 
 centum of the whole amount of such issue or division ; at the expiration of thirty-eight 
 years from said date, seven per centum of the whole amount of such issue or division; 
 at the expiration of thirty-nine years from said date, eight per centum of the whole 
 amount of such issue or division; at the expiration of forty years from said date, eight 
 per centum of the whole amount of such issue or division; provided, that if any bonds 
 are not dated on the first day of January or the first day of July, they shall neverthe- 
 less be made payable on the first day of January or the first day of July next preceding 
 the date on which they would become payable according to the foregoing schedule. 
 Bonds of any issue may be made payable at the ends of other periods than are specified 
 herein and the number of series may be more or less than twenty if the number of 
 series and the length of the respective periods at the ends of which the respective 
 amounts of bonds shall be made payable have been specified in the notice of the election 
 ai which the issuance of such bonds was authorized, or on the recommendation of the 
 irrigation district bond commission, but in any event the bonds shall all be made payable 
 on the first day of January or the first day of July next preceding the ends of the 
 respective periods specified, unless said bonds are dated on the first day of January 
 or the first day of July, and in no case shall the maturity of any bond be more than 
 forty years from the date hereof, nor shall more than eight per centum of the total 
 amount of any issue or division be made payable in any one year if the number of 
 series is made more than twenty. Each bond shall be made payable at a given time for 
 its full face value and not for a percentage thereof. [Amendment of May 16, 1919. 
 In efi^ct July 22, 1919. Stats. 1919, p. 665.] 
 
 This section was also amended January 25, 1912, Stats. 1911 (ex. sess.), p. 248; June 16, 
 1913, Stats. 1913, p. 998. 
 
 Sale of bonds. Notice by publication. 
 
 ^ 32. The board may sell said bonds from time to time in such quantities as may 
 be necessary and most advantageous to raise money for the construction of said canals 
 and works, the acquisition of said property and rights, or the acquisition of any water 
 or water rights, and otherwise to fully carry out the objects and purposes of tliis act. 
 Before making any sale the board shall, at a meeting, by resolution, declare its intention 
 to sell a specified amount of the bonds, and the day and hour and place of such sale, 
 and shall cause such resolution to be entered in the minutes, and notice of the sale to be 
 given, by publication thereof at least three weeks in some newspaper published in the 
 county where the office of the board of directors is located and in any other newspaper 
 at its discretion. The notice shall state that sealed proposals will be received by the 
 board at their office, for the purchase of bonds, till the day and hour named in the reso- 
 lution. At the time appointed the board shall open the proposals and award the pur- 
 chase of the bonds or any portion or portions thereof to the highest responsible bidder 
 or bidders; provided, however, that they may reject any or all bids. [Amendment of 
 June 16, 1913. Stats. 1913, p. 1000.] 
 
 This section was also amended March 28, 1911, Stats. 1911, p. 513. 
 
 § 32a. [New section added May 19, 1917. Stats. 1917, p. 764. Repealed May 16, 
 1919. In effect July 22, 1919. Stats. 1919, p. 667.] 
 
 Election on sale of bonds for less than par. 
 
 $ 321/2. If any irrigation district bonds have been authorized before the time when 
 this section shall go into effect but have not been sold and the board of directors of said 
 district deems it desirable that said board be authorized to sell said bonds for less than
 
 1251 IllKIGATION AND IRRIGATION DISTRICTS. Act 2266, g§ 33-23 
 
 the par value thereof, said board may call a special election to submit to the voters of 
 the district said proposition. Such election shall be held and notice thereof shall be 
 given in the same manner as is provided in the case of special elections to authorize the 
 issuance of bonds in irrigation districts. The proposition shall be stated in substan- 
 tially the following form: "Shall the board of directors of (insert the 
 
 name) irrigation district be authorized to sell bonds of the district for less than the 
 par value thereof?" followed by the words "Yes" and "No," as provided in section 30 
 hereof. If at least two-thirds of the legal votes cast at such election are for "Yes," 
 then the board of directors may sell any bonds authorized by said district before this 
 section shall take effect to the highest responsible bidder or bidders, as is provided in 
 the foregoing section. If less than two-thirds of the legal votes cast at such election 
 shall be for "Yes" the result shall be entered of record. [New section approved 
 June 16, 1913. Stats. 1913, p. 1000.] 
 
 Paid by annual assessment. 
 
 5 33. Said bonds and the interest thereon shall be paid from revenue derived from 
 an annual assessment upon the land within the district; and all the land within the dis- 
 trict shall be and remain liable to be assessed for such payments as hereinafter pro- 
 vided. [Amendment of May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 764.] 
 
 ASSESSMENT FOR COMPLETION OF WOEK. 
 Assessments to complete works. Notice of election. Ballots. 
 
 § 34. In case the money raised by the sale of bonds issued be insufficient, or in case 
 the bonds be unavailable for the completion of the plan of canal and works adopted, 
 and the acquisition of the necessary projierty, waters and water rights therefor, and 
 additional bonds be not voted, it shall be the duty of the board of directors to provide 
 for the completion of said plan, and the acquisition of such necessary property, waters 
 and water rights, by levy of assessments therefor; provided, however, that such levy of 
 assessments shall not be made except first an estimate of the amount required for such 
 purposes has been made by said board, and the question as to the making of said levy 
 submitted to a vote of the electors of the district. Before such question is submitted 
 the order of submission shall be entered in the minutes of the board, stating the amount 
 to be levied and the purfDose therefor, and if submitted at a special election said order 
 shall, in addition, fix the day of election. Notice of such election must be given by post- 
 ing notices in three public places in each election precinct in said district for at least 
 twenty days, and also by publication of such notice in some newspajier published in the 
 county where the office of the board of directors of such district is required to be kept 
 once a week for at least three successive Aveeks. Such notices must specify the time of 
 holding the election, and the amount of assessment proposed to be levied. Said election 
 must be held and the result thereof determined and declared in all respects as nearly as 
 practicable in conformity with the provisions of this act governing the election of offi- 
 cers; provided, that no informalities in conducting such an election shall invalidate the 
 same, if the election shall have been otherwise fairly conducted. At such election the 
 ballots shall contain the words "Assessment — Yes," or "Assessment — No," or words 
 equivalent thereto. If a majority of the votes cast are "Assessment — Yes," the board 
 of directors shall cause an assessment in the amount named in the order of submission 
 to be levied; if a majority of the votes cast are "Assessment — No," the result of such 
 election shall be so declared and entered of record. [Amendment approved March 28, 
 1911. Stats. 1911, p. 514.] 
 
 Duty of Assessor. 
 
 § 35. The assessor must, between the first Monday in March and the first Monday in 
 June, in each year, assess all real estate in the district, to the persons who own, claim
 
 Act 22G0. 8§ 36-38 GKNKRAL LAWS. 125:2 
 
 or have possession or control thereof, at its full cash value, as follows : He must pre- 
 pare an assessment book, with appropriate headings, in which must be listed all such 
 propert}' within the district, in which must be specified, in separate columns, under the 
 appropriate head: (1) the name of the person to whom the proi>erty is assessed, if the 
 name is not known to the assessor, the property shall be assessed to "unknown own- 
 ers"; (2) land by township, range, section or fractional section, and when such land is 
 not congressional division or subdivision, by metes and bounds, or other description 
 sufficient to identify it, giving an estimate of the number of acres and locality; (3) citj' 
 and town lots, naming the city or town, and the number and block, according to the 
 system of numbering in such city or town; (4) the cash value of real estate, other than 
 city or town lots; (5) the cash value of city and town lots; (6) the total value of all 
 property assessed; (7) the total value of all property after equalization by the board 
 of directors; (8) such other things as the board of directors may require. Improve- 
 ments on any lands or town lots within such districts shall be exempt from taxation for 
 any of the purposes mentioned in this act. Any property which may have escaped the 
 payment of any assessment for any year, shall, in addition to the assessment for the 
 then current year, be assessed for such year with the same effect and with the same pen- 
 alties as are provided for in such current year. The term improvements as used in this 
 section includes trees, vines, alfalfa and all growing crops and all buildings and struc- 
 tures of whatever class or description erected or being erected upon said lands or city 
 or town lots. [Amendment of May 19, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 764.] 
 
 This section was also amended March 18, 1909, Stats. 1909, p. 461. 
 
 Deputies. Compensation. 
 
 $ 36. The board of directors must allow the assessor as many deputies, to be ap- 
 pointed by him, as will, in the judgment of the board, enable him to complete the 
 assessment within the time herein prescribed. The board must fix the compensation of 
 such deputies, which shall be paid out of the treasury of the district. The compensa- 
 tion must not exceed five dollars per day for each deputy, for the time actually engaged, 
 nor must any allowance be made but for work done between the first Monday in March 
 and the first Monday in August in each year. 
 
 Time for completion of assessment book. Time for equalizing assessments. 
 
 5 37. On or before the first Monday in August in each year, the assessor must com- 
 plete his assessment book, and deliver it to the secretary of the board, who must imme- 
 diately give notice thereof, and of the time the board of directors, acting as a board of 
 equalization, will meet to equalize assessments, by publication in a newspaper pub- 
 lished in each of the counties comprising the district. The time fixed for the meeting 
 shall not be less than twenty nor more than thirty days from the first publication o^ 
 the notice; and in the meantime the assessment book must remain in the oflBce of the 
 secretai-y for the inspection of all persons interested. 
 
 EQUAJ^IZATION OF ASSESSMENT. 
 Hearing as to and equalization of values. Duty of secretary. 
 
 § 38. Upon the day specified in the notice required by the preceding section for the 
 meeting, the board of directors, which is hereby constituted a board of equalization f or 
 that purpose, shall meet and continue in session from time to time, as long as may be 
 necessary, not to exceed ten days, exclusive of Sundays, to hear and determine such 
 objections to the valuation and assessment as may come before them; and the board 
 may change the valuation as may be just. The secretary of the board shall be present 
 during its sessions, and note all changes made in the valuation of property, and in the 
 names of the persons whose property is assessed; and within ten days after the close 
 
 f
 
 1253 IRRIGATION AIVD IRRIGATION DISTRICTS. Act 2266, §§ 30-39b 
 
 of the session lie shall have the total values, as finally equalized by the board, extended 
 into columns and added. 
 
 LEVY AND COLLECTION OF TAX. 
 Assessment for interest on bonds of irrigation district. Eentals, etc. Contracts for 
 
 power or fuel. Unpaid warrants. 
 
 § 39. The board of directors shall then, within fifteen days after the close of its 
 session as a board of equalization, levy an assessment upon the lands within the district 
 in an amount sufficient to raise the interest due or that will become due on all out- 
 standing bonds of the district on the first day of the next ensuing January and the 
 first day of the next ensuing July, or that the board of directors believes will become 
 due on either or both of said dates, on bonds authorized but not sold; also sufficient to 
 pay the principal of all bonds of the district that have matured or that will mature 
 before the close of the next ensuing calendar year; also sufficient to pay in full all sums 
 due or that will become due from the district before the time for levying the next 
 annual assessment, on account of rentals, or charges for lands, water or water rights 
 acquired by said district under lease or contract; also sufficient to pay in full all sums 
 due or that will become due from the district, before the time for levying the next 
 annual assessment, on account of contracts entered into by the district for power or fuel 
 used or to be used for the pumping of water for the irrigation of land within the dis- 
 trict; provided, the payment of the cost of such power or fuel has not been provided 
 for by the levying of tolls or charges for the use of water or otherwise, also sufficient to 
 pay in full the amount of all unpaid wan*ants of the district issued in accordance with 
 this act and the amount of any other contracts or obligation of the district which shall 
 have been reduced to judgment; also sufficient to raise such amount not exceeding two 
 per centum of the aggregate value of the lands within the district according to the 
 latest duly equalized assessment roll thereof, as the board of directors shall determine 
 may be needed to be raised by assessment for any of the purposes of this act. [Amend- 
 ment of May 11, 1919. In effect July 22, 1919. Stats. 1919, p. 472.] 
 
 This section was also amended February 22, 1909, Stats. 1909, p. 46; March 28, 1911. 
 Stats. 1911, p. 514; April 22, 1913, Stats. 1913, p. 59; May 18, 1917, Stats. 1917, p. 765. 
 
 Duty of secretary. 
 
 § 39a. The secretary of the board must compute and enter in a separate column of 
 the assessment book the respective sums in dollars and cents to be paid as an assessment 
 on the propertj'^ therein enumerated. When collected, the assessment shall be paid into 
 the district treasury and be apportioned to the several projDer funds. [New section 
 added May 19, 1917, In effect July 27, 1917. Stats. 1917, p. 765.] 
 
 Neglect to make assessment. Neglect of collector. 
 
 $ 39b. If as the result of the neglect or refusal of the board of directors to cause 
 such assessment and levies to be made as in this act provided, then the duly equalized 
 assessment made by the county assessor of the county or each of the respective counties 
 in which the district is situated shall be the basis of assessment for the district, and the 
 board of supervisors of the county in which the office of the board of directors of said 
 district is situated shall cause an assessment roll of said district to be prepared, and 
 shall make the levy required by this act, in the same manner and with like effect as if 
 the same had been made by said board of directors and all expenses incident thereto 
 shall be borne by such district and may be collected by suit at law, which shall be com- 
 menced by the district attorney of the county whose board of supervisors caused said 
 assessment roll to be prepared, unless the amount of such expenses shall be paid within 
 sixty days from tlie time when projjer demand shall have been made therefor. In case 
 of the neglect or refusal of the collector or treasurer of any irrigation district to per- 
 form the duties imposed by law, then the tax collector and the treasurer of the county
 
 Act 2266, §g 39c-39e GENEIRAL LAWS. 1254 
 
 in which the office of the board of directors of such district is situated must respectively 
 perform such duties and shall be accountable therefor upon their official bonds; but, in 
 case any county tax collector shall collect any assessment for any irrigation district, 
 he shall pay the same to the county treasurer, who shall place such money in special 
 fund to the credit of the district and shall disburse the same to the proper persons for 
 the purposes for which such assessments have been levied and shall not pay any part 
 thereof to the treasurer of said district until said county treasurer shall be satisfied that 
 all of the valid obligations for which such assessments were levied and for which pay- 
 ment has been demanded have been paid. [New section added May 19, 1917. In effect 
 July 27, 1917. Stats. 1917, p. 765.] 
 
 Duty of district attorney, 
 
 $ 39c. It shall be the duty of the district attorney of each county in which the office 
 of any irrigation district is located to ascertain each year whether the duties relating 
 to the levying and collection of assessments, as in this act provided, have been per- 
 formed, and if he shall learn that the board of directors or any official of any such 
 irrigation district has neglected or refused to perform any such duty, said district 
 attorney shall so notify the board of supervisors or the county official required by this 
 act to perform such duty in such case, and, unless such board of supervisors or such 
 county official shall proceed to the performance of such duty within thirty days after 
 the receipt of such notice the district attorney shall take such action in court as may 
 be necessary to compel the performance of such duty, and said district attorney shall 
 give such notice to other officials, and shall take such action, as may be necessary to 
 secure the performance in their proper sequence of the other duties relating to the 
 levying and collection of assessments, as in this act provided, that for the enforcement 
 of the levying and collection of any assessment hereafter required to be levied and col- 
 lected for the payment of any debt hereafter incurred, in case complaint shall be made 
 lo the attorney general of the state of California that the district attorney of any 
 county has not performed any duty devolving upon him by the provisions of this sec- 
 tion, or that he is not proceeding with due diligence or in the proper manner in the 
 performance of any such duty, the attorney general shall make an investigation, and 
 if it shall be found that such charge or charges are true, said attorney general shall 
 take such measures as may be necessary to enforce the performance of the duties relat- 
 ing to the levying and collection of assessments, as in this act provided. [New section 
 added May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 766.] 
 
 Extension of time. 
 
 $ 39d. If as the result of the neglect or refusal of any official or officials to perform 
 any duty relating to the levying and collection of assessments, as in this act provided, .it 
 shall be impossible for such duty to be performed within the time required and such 
 duty shall subsequently be performed, then the time within which all duties consequent 
 upon the performance of such duty shall be performed shall be extended so as to allow 
 the elapsing of the intervals required by this act to elapse between the performance of 
 such duties, and the assessments herein provided for shall not become delinquent for at 
 least thirty days after the first publication of the notice that such assessments are due 
 and payable, as provided in section forty-one of this act. [New section added May 19, 
 1917. In effect July 27, 1917. Stats. 1917, p. 767.] 
 
 Assessment of land omitted. 
 
 § 39e. In the event any land within said district subject to assessment for the pur- 
 poses of the district has not been assessed by the county assessor or does not appear 
 upon the county assessment-roll adopted by said board of supervisors as the basis of 
 assessment for the district, the land so omitted belonging to any person, associiition,
 
 1253 IRRIGATION AND IRRIGATION DISTRICTS, Act 2266, §§ 39f-41a 
 
 corporation, or municipality shall be forthwith assessed by the county assessor upon 
 an order of the board of supervisors and a description of the property so omitted shall 
 be written in the roll prepared for the purpose of district assessments. In such case, 
 before any assessment is levied, the board of supervisors must meet and equalize said 
 assessment with that of the assessment of other lands in said district. The same notice 
 shall be given by the board of supervisors of such meeting for the purpose of equalizing 
 the assessment to be made as herein directed as is provided in this act to be given by the 
 board of directors of an irrigation district when the said board is to meet for the pur- 
 pose of equalizing assessments. All the powers and duties respecting the collection of 
 all assessment on possession of, claim to, or right to the possession of land now provided 
 in sections three thousand eight hundred twenty, three thousand eight hundred twenty- 
 one, three thousand eight hundred twenty-two, three thousand eight hundred twenty- 
 three, three thousand eight hundred twenty-four, three thousand eight hundred twenty- 
 five and three thousand eight hundred twenty-nine of the Political Code, as regards 
 count}' assessors shall apply, so far as applicable to irrigation district assessors. [New 
 section added May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 767.] 
 
 Unpaid tolls part of assessment. 
 
 § 39f. Whenever any tolls and charges for the use of water have been fixed by the 
 board of directors, it shall be lawful to make the same payable in advance, and in case 
 any such tolls or charges remain unpaid at the time hereinbefore specified for levying 
 the, annual assessment the amount due for such tolls and charges may be added to 
 and become a part of the assessment levied upon the land upon which the water for 
 which such tolls or charges are unpaid was used. [New section added May 19, 1917. 
 In effect July 27, 1917. Stats. 1917, p. 768.] 
 
 Assessment a lien when. 
 
 $ 40. The assessment upon land is a lien against the property assessed from and 
 after the first Monday in March for any year. [Amendment of May 19, 1917. In 
 effect July 27, 1917. Stats. 1917, p. 768.] 
 
 Notice that assessments are due. When delinauent. 
 
 § 41. On or before the first day of November, the secretary must deliver the assess- 
 ment book to the collector of the district, who shall within twenty days publish a notice 
 in a newspaper published in each county in which any portion of the district may lie, 
 that said assessments are due and payable and will become delinquent at 6 o'clock 
 p. m. on the last Monday of December next thereafter, and that unless paid prior thereto 
 ten per cent will be added to the amount thereof, and also the time and place at which 
 payment of assessments may be made, which notice shall be published for the period 
 of two weeks. The collector must attend at the time and place specified in the notice 
 to receive assessments, which must be paid in gold and silver coin; he must mark the 
 date of payment of any assessment 'in the assessment book opposite the name of the 
 person paying and giving a receipt to such person, specifying the amount of the assess- 
 ment and the amount paid, with the description of the i3roperty assessed. On the last 
 Monday in December at six o 'clock p. m. of each year, all unpaid assessments are delin- 
 quent and thereafter the collector must collect thereon, for the use of the district, an 
 addition of ten per cent. [Amendment approved June 16, 1913. Stats. 1913, p. 1002.] 
 
 Suit against delinquent to collect assessment. 
 
 § 41a. The board of directors may at any time after any assessment has become 
 delinquent direct the collector not to proceed with the sale of any property on the delin- 
 quent list, but to bring suit against the delinquent in the projier court in the name of 
 the district to enforce such collection. The provisions of the Code of Civil Procedure
 
 Art ^'^Ce, g§ 42-44 GI^NKRAL LAWS. 12B9 
 
 relating to pleadings, proofs, trials and pleas are hereby made applicable to the proceed- 
 ings herein provided for, and in such suit the district may recover the amount of said 
 assessments together with the penalties and interests, provided in this act, and costs 
 of suit. [New section added June 9, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 1368.] 
 
 PUBLICATION OF DELINQUENT NOTICE. 
 Duty of collector. Day of sale. 
 
 ^ 42. On or before the first day of February, the collector must publish the delin- 
 quent list, which must contain the names of the persons and a description of the prop- 
 erty delinquent, and the amount of the assessments and costs due opposite each name 
 and description. He must append to and publish with the delinquent list a notice, that 
 unless the assessments delinquent, together with costs and percentage, are paid, the 
 real property upon which such assessments are a lien will be sold at public auction. 
 The publication must be made once a week for three successive weeks, in a newspaper 
 published in the county in which the property delinquent is situated; provided, that if 
 any property assessed to the same person or corporation shall lie in more than one 
 county, then such publication may be made in any county in which any portion of such 
 property may lie. The publication must designate the time and place of sale. The time 
 of sale must not be less than twenty-one or more than twenty-eight days from the 
 first publication, and the place must be at some point designated by the collector, 
 within the district; provided, however, that if there should occur any error in the pub- 
 lication of the sale of the delinquent property, which might invalidate a sale made 
 thereunder, and such error is discovered prior to sale thereunder the collector shall at 
 once republish the sale of the property affected by such error, making such republica- 
 tion conform to the provisions of this law, and the time of sale designated in such 
 republication must not be less than twenty-one nor more than twenty-eight days from 
 the first republication; and the place of sale must be at some point designated by the 
 collector within the district, and stated in such republication. 
 
 SALE FOR DELINQUENT TAXES. 
 Sale for delinquent taxes. Sale of property for delinquent assessment. 
 
 $ 43. The collector must collect, in addition to the assessments due on the delinquent 
 list, and ten per cent added, fifty cents on each lot, piece or tract of land separately 
 assessed. On the day fixed for the sale, or some subsequent day to which he may have 
 postponed it, of which he must give notice, the collector, between the hours of ten a. m. 
 and three o 'clock p. m., must commence the sale of the property advertised, commencing 
 at the head of the list and continuing alphabetically, or in the numerical order of the 
 lots or blocks, until completed. He may postpone the day of commencing the sales, or 
 the sale, from day to day, but the sale must be completed within three weeks from the 
 day first fixed; provided, that if any sale or sales shall be stayed by legal proceedings, 
 the time of the continuance of such proceedings is not part of the time limited for 
 making such sale or sales; and provided, further, that in any district where the validity 
 of any assessment shall be in litigation at the time this act shall take effect, the sale of 
 any property, whether it be involved in such litigation or not, may be postponed for a 
 time not to exceed four months. [Amendment approved June 16, 1913. Stats. 1913, 
 p. 1003.] 
 
 Rights of owner of realty. Resale in default of payment. District may purchase. 
 
 § 44. The owner or person in possession of any real estate offered for sale for 
 assessments due thereon may designate, in writing, to the collector, prior to the sale, 
 what portion of the property he wishes sold, if less than the whole; but if the owner 
 or possessor does not, then the collector ma}' designate it and the person who will take
 
 123T IRRIGATION AND IRRIGATION DISTRICTS. Act 3266, §§ 45-47 
 
 the least quantity of the land, or in ease an undivided interest is assessed, then the 
 smallest portion of the interest, and pay the assessments and costs due, including two 
 dollars for the duplicate certificate of sale, is the purchaser. If the purchaser does not 
 pay the assessments and costs before 10 o'clock a. m. the following day, the property 
 on the next sale day must be resold for the assessments and costs. But in ease there is 
 no purchaser in good faith for the same on the first day that the property is offered 
 for sale, then, when the property is offered thereafter for sale, and there is no purchaser 
 in good faith for the same, the whole amount of the property assessed shall be struck 
 off to the irrigation district within which such lands as situated as the purchaser, and 
 the duplicate certificate delivered to the treasurer of the district, and filed by him in his 
 office. No charge shall be made for the duplicate certificate where the district is the 
 purchaser, and, in such case, the collector shall make an entry, "Sold to the district," 
 and he shall be credited with the amount thereof in his settlement. An irrigation dis- 
 trict as a purchaser at such sale, shall be entitled to the same rights as a private pur- 
 chaser, and the title so acquired by the district, subject to the right of redemption 
 hereinbefore provided, may be conveyed by deed, executed and acknowledged by the 
 president and secretary of said board; provided, that authority to so convey must be 
 conferred by resolution of the board entered on its minutes, fixing the price at which 
 such sale may be made, and such conveyance shall not be made for a less sum than the 
 reasonable market value of such property. 
 
 Certificate of sale. 
 
 ^ 45. After receiving the amount of assessments and costs, the collector must make 
 out in duplicate a certificate, dated on the day of sale, stating (when known) the name 
 of the person assessed, a descriiDtion of the land sold, the amount paid therefor, that it 
 was sold for assessments, giving the amount and year of the assessment, and specifying 
 the time when the j^urchaser will be entitled to a deed. The certificate must be signed 
 by the collector, and one copy delivered to the purchaser, and the other filed in the 
 office of the county recorder of the county in which the land is situated. 
 
 Record book of property sold for assessment. 
 
 ^ 4G. The eollecior, before delivering any certificate, must in a book enter a descrip- 
 tion of the land sold, corresponding with the description in the certificate, the date of 
 the sale, purchasers' names, and amount paid, regularly number the description on the 
 margin of the book, and put a corresponding number on each certificate. Such book 
 must be open to public inspection, without fee, during office hours, when not in actual 
 use. On filing the certificate with such county recorder the lien of the assessments 
 vests with the purchaser, and is only divested by the payment to him, or to the col- 
 lector for his use, of the purchase money, and two per cent per month from the day of 
 sale until redemption. 
 
 REDEMPTION OF PEOPERTY SOLD FOR DELINQUENT TAXES. 
 
 Redemption of property sold for delinquent taxes. Duty of county recorder. Deed to 
 
 purchaser. Fee for deed. 
 
 ^ 47. A redemption of the property sold may be made by the owner, or any party 
 in interest, within five years from the date of purchase, or at any time thereafter before 
 a deed has been made and delivered. Redemption must be made in gold or silver coin, 
 as provided for the collection of state and county taxes, and when made to the col- 
 lector he must credit the amount paid to the person named in the certificate, and pay it, 
 on demand, to the person or his assignees. In each report the collector makes to the 
 board of directors, he must name the person entitled to redemption -money, and the 
 amount due each. On receiving the certificate of sale, the county recorder must file it 
 and make an entry in a book similar to that required of the collector. On the preseu-
 
 Act 2260, §§ 4714-49 
 
 GENERAL, LAW'S. 
 
 It59 
 
 tation of the receipt of the person named in the certificate, or of the collector for his 
 use, of the total amount of the redemption money, the recorder must mark the word 
 "redeemed," the date, and by whom redeemed, on the certificate and on the margin of 
 the book where the entry of the certificate is made. If the property is not redeemed 
 within the time herein provided, the collector, or his successor in office, upon demand, 
 must make to the purchaser, or his assignee, a deed of the property, reciting in the 
 deed substantially the matters contained in the certificate, and that no person redeemed 
 the property during the time allowed by law for its redemption; provided, that where 
 property has been sold to the district it may be redeemed as herein provided, at any 
 time before the district has disposed of the same. The collector shall receive from 
 the purchaser, for the use of the district, two dollars for making such deed. [Amend- 
 ment approved March 19, 1909. Stats. 1909, p. 429. In effect immediately.] 
 
 Delinquent taxes not bar to dissolution. Deed of land sold for taxes to be made by 
 
 county treasurer. 
 
 § 47yo. The five year period herein prescribed for the redemption of properties sold 
 for delinquent taxes shall not operate as a bar to the dissolution of any irrigation dis- 
 trict. If any land has been sold for delinquent taxes of a district in process of disso- 
 lution, or in a district which has been dissolved and the time allowed for redemption 
 has not expired, the owner of such property or any one in interest may redeem the same 
 by paying the amount due thereon, computed as provided in section 46 of this act, to the 
 county treasurer, who must issue his receipt therefor, and upon the presentation of 
 such receipt the county recorder must cancel the certificate of sale in the manner re- 
 quired in the preceding section. 
 
 In the event any land has been sold for nonpayment of taxes as herein provided, and 
 no redemption has been made within five years from the date of purchase in any dis- 
 trict which may have been dissolved before the expiration of said redemption period, 
 then a deed for the property sold and described in the certificate of sale must be made 
 to the purchaser upon demand by the county treasurer of the county in which said 
 irrigation district is or was situated. Such deed shall contain all the recitals of the 
 certificate of sale, and in addition thereto, a recital that the district has been dissolved 
 and a deed executed in pursuance of the authority given by this section. A deed so 
 executed shall have the same force and effect as if executed by the collector of an irri- 
 gation district. [New section approved March 28, 1911. Stats. 1911, p. 516.] 
 
 Tax deed prima facie evidence of what. Conclusive evidence of what. Effect of deed. 
 
 § 48. The matter recited in the certificate of sale must be recited in the deed, and 
 such deed duly acknowledged or proved is prima facie evidence that: (a) The property 
 was assessed as required by law; (b) the property was equalized as required by law; 
 (c) that the assessments were levied in accordance with law; (d) the assessments were 
 not paid; (e) at a proper time and place the property was sold as prescribed by law, 
 and by the proper officer; (f) the property was not redeemed; (g) the person who exe- 
 cuted the deed was the proper officer. 
 
 Such deed duly acknowledged or proved is (except as against actual fraud) con- 
 clusive evidence of the regularity of all the proceedings from the assessment by the 
 assessor, inclusive, up to the execution of the deed. The deed conveys to the grantee 
 the absolute title to the lands described therein free of all incumbrances, except when 
 the land is owned by the United States, or this state, in which case it is prima facie 
 evidence of the right of possession. 
 
 Assessment booU or delinquent list is prima facie evidence of what. 
 
 § 49. The assessment-book or delinquent list, or a copy thereof, certified by the 
 collector, showing unpaid assessments against any person, or property, is prima facie
 
 1259 IRRIGATIOIV AND IRRIGATION DISTRICTS. Act 2266, §§ 50-53 
 
 evidence of the assessment, the property assessed, the delinquency, the amount of 
 assessments due and unjiaid, and that all the forms of the law in relation to the assess- 
 ment and levy of such assessments have been complied with. 
 
 Misnomer does not invalidate. 
 
 ^ 50. When land is sold for assessments correctly imposed, as the property of a 
 particular person, no misnomer of the owner, or supposed owner, or other mistake 
 relating to the ownership thereof affects the sale, or renders it void, or voidable. 
 
 Settlements between secretary and collector. 
 
 § 51. On the first Monday in each month, the collector must settle with the secretary 
 of the board for all moneys collected for assessments, and pay the same over to the 
 treasurer; and within six days thereafter he must deliver to and file in the office of the 
 secretary a statement under oath, showing (a) An account of all his transactions and 
 receipts since his last settlement; (b) that all money collected by him as collector has 
 been paid. The collector shall also file in the ofiice of the secretary, on said fii'st Monday 
 in each month, the receipt of the treasurer for the money so paid. 
 
 Redemption of bonds. Proposals for redemption of bonds. Investment in U. S. or 
 
 State bonds. 
 
 $ 52. Upon presentation of any matured bond or any matured interest coupon of 
 any bond of the district, the treasurer shall pay the same from the bond fund. If 
 funds are not available for the paj'ment of any such matured bond or interest coupon, 
 it shall draw interest at the rate of seven per cent per annum from the date of its pre- 
 sentation for payment until notice is given that funds are available for its payment, 
 and it shall be stamped and provision made for its payment as in the case of a warrant 
 for the payment of which funds are not available on its presentation. Whenever the 
 bond fund contains ten thousand dollars in excess of the amount necessaiy to pay all 
 bonds and interest coupons of the district that have matured or that will mature before 
 the time when any part of the next annual assessment to be levied in the district will 
 become delinquent, the board of directors may advertise, in the manner hereinbefore 
 provided for the sale of bonds, for the receipt of sealed proposals for the delivery to the 
 district for redemption of any of its bonds not due. Said advertisement shall state the 
 amount which may be used for the redemption of such bonds. Any such proposals shall 
 be opened by the board in open meeting at the time named in said advertisement, and 
 the offer or offers of such bonds at the lowest rate or rates shall be accepted, provided 
 that no bonds shall be redeemed at more than the par value thereof except by unanimous 
 vote of the directors. In case two or more proposals are equal and there is not sufficient 
 money available to accept them all, the lowest numbered bonds shall have the prefer- 
 ence. In case not enough bonds are offered for redemption at prices which the board 
 of directors accepts, the board may invest any money available for redemption of bonds 
 in bonds of the United States or of the state of California* and shall hold the bonds so 
 purchased as part of the bond fund until such time as the board may determine that 
 it is for the best interests of the district that such bonds or any of them be sold. In 
 ease of the sale of any such bonds, the proceeds of the sale shall be deposited in the 
 bond fund. [Amendment of May 16, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 667.] 
 
 CONSTEUCTION OF WORKS. 
 
 Construction of vrcrks. Contracts for emergency works. Bond of contractor. 
 
 § 53. After adopting a plan for such canal or canals, storage reservoirs, and works, 
 as in this act provided for, the board of directors shall give notice, by publication 
 thereof not less than twenty days in one newspaper published in each of the counties 
 composing the district (provided a newspaper is published therein), and in such other
 
 Act 2266. §§ 53a, 54 GENERAL LAWS. 1260 
 
 newspapers as they may deem advisable, calling for bids for the construction of such 
 work, or of any portion thereof; if less than the whole work is advertised, then the 
 portion so advertised must be particularly described in such notice. Said notice shall 
 set forth that plans and specifications can be seen at the office of the board, and that 
 the board will receive sealed proposals therefor, and that the contract will be let to 
 the lowest responsible bidder, stating the time and place for opening said proposals, 
 which, at the time and place appointed, shall be opened in public; and as convenient 
 thereafter the board shall let said work, either in portions or as a whole, to the lowest 
 responsible bidder; or they maj' reject any or all bids and readvertise for proposals or 
 may proceed to construct the work under their own suiDcrintendence; provided, that in 
 case of emergency or urgent necessity for the construction, extension or repair of works 
 for irrigation or drainage, the board of directors, by unanimous vote of those present 
 at any regular or special meeting, may award contracts therefor without advertising for 
 bids, but the cost of such work shall not exceed five hundred dollars and such additional 
 amount as shall be equal to five cents for each acre of land in the district. Contracts 
 for the purchase of material shall be awarded to the lowest responsible bidder. Any 
 person or persons to whom a contract may be awarded shall enter into a bond, with 
 good and sufficient sureties, to be approved by the board, payable to said district for its 
 use, for twenty-five per cent of the amount of the contract price, conditioned for the 
 faithful performance of said contract. The work shall be done under the direction and 
 to the satisfaction of the engineer, and be approved by the board. [Amendment of 
 May 16, 1919. In effect July 22, 1919. Stats. 1919, p. 6G8.] 
 
 Investigation by state engineer. 
 
 § 53a. During the construction of any irrigation works to be paid for out of the 
 proceeds of any bond issue which has been certified by the state irrigation district bond 
 commission as provided in the act creating said commission, the state engineer shall 
 have access to all plans, specifications, and records of such construction, and shall from 
 time to time make such investigations and such reports to the board of directors of the 
 district as he shall deem to be in the interest of the public or of the district. [New 
 section added May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 768.] 
 
 Payment of claim. Duty of county treasurer. Duty of city treasurer. 
 
 $ 54. No claim shall be paid by the treasurer until allowed by the board, and only 
 upon a warrant signed by the president, and countersigned by the secretary; provided, 
 that the board may draw, from time to time, from the construction fund, and deposit 
 in the county treasiiry of the county where the office of the board is situated any sum 
 in excess of the sum of twenty-five thousand dollars. The county treasurer of said 
 county is hereby authorized and required to receive and receipt for the same and place 
 the same to the credit of said district, and he shall be responsible upon his official bond 
 for the safekeeping and disbursement of the same, as in this act provided. He shall 
 pay out the same, or any portion thereof, to the treasurer of the district only, and only 
 upon the order of the board, signed by the president, and attested by the secretary. 
 The said county treasurer shall report, in writing, on the second Monday in each 
 month, the amount of money in thei county treasuiy, the amount of receipts for the 
 month preceding, and the amount or amounts paid out; said report shall be verified 
 and filed with the secretary of the board. The district treasurer shall also report to 
 the board, in writing, on the first Mondaj^ in each month, the amount of money in the 
 district treasury, the amount of receipts for the month preceding, and the amount and 
 items of expenditures, and said report shall be verified and filed with the secretary of 
 the board. 
 
 ^\
 
 1261 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266, §g 54y3, 56 
 
 Reports to "be forwarded to state engineer. 
 
 ^ 54I/2. During the coDstruction of any work to be paid for out of the proceeds of 
 the sale of any bonds of any irrigation district within this state, the secretary of the 
 board of directors shall, within one week after each regular meeting of said board, 
 forward to the state engineer copies of all reports made to said board as to the prog- 
 ress of said work and a statement of the amounts paid for the doing of any part of 
 said work. Immediately after the publication of the statement of the financial condi- 
 tion of any irrigation district within this state, required by section 14 of this act to be 
 made annuall}', the board of directors of said district shall cause a copy of said state- 
 ment and a report stating the general condition of any works constructed or acquired 
 by said district and whether or not the plan of irrigation adopted by the district 
 is being successfully carried out and any other matters which the board may deem 
 proper, to be forwarded to the state engineer, who shall examine said statement and 
 report and make to said board such recommendations and comments as he may deem 
 proper. The state engineer may at any time make or cause to be made an examination 
 of the affairs of any irrigation district within this state or call upon the authorities of 
 such district for such information as he may desire and make such report thereon as he 
 may deem advisable. [New section approved June 16, 1913. Stats. 1913, p. 1000.] 
 
 Improvements to be paid for from construction fund. Toll may be fixed instead of 
 
 assessments. 
 
 § 55. The cost and expense of purchasing and acquiring property and constructing 
 the works and improvements herein provided for, shall be wholly paid out of the con- 
 struction fund; provided, however, that when any lands, waters, water rights or other 
 I)ropert5' shall be acquired hy the district by any lease or contract, under the terms of 
 which the consideration or rental shall be payable in such installments that a like 
 amount shall be payable in each year of the life of such lease or contract, then such 
 rental or consideration shall be paid out of the funds derived from the levying of annual 
 assessments, or from the collection of rates, tolls and charges fixed and collected as 
 hereinafter provided for. For the purpose of defraying the expenses of the organiza- 
 tion of the district, and of the care, operation, management, repair, and improvement of 
 such portions of such canal and works as are completed and in use, including salaries 
 of officers and employees, and installments of rental or consideration accruing undev 
 any lease or contract as hereinabove in this section mentioned, the board may in lieu 
 (either in part or in whole) of le\'ying assessments as herein provided for, fix rates of 
 toll and charges, for irrigation and other public uses declared bj' this act, and collect 
 the same from all persons using said canal for irrigation and other purjDoses. [Amend- 
 ment approved March 28, 1911. Stats. 1911, p. 516.] 
 
 Right of way. 
 
 $ 56. The board of directors shall have power to construct the said works across 
 any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or 
 flume which the route of said canal or canals may intersect or cross, in such manner as 
 to afford security for life and property; but said board shall restore the same, when 
 so crossed or intersected, to its former state as near as may be, or in a sufficient man- 
 ner not to have impaired unnecessarily its usefulness; and ever^^ company whose rail- 
 road shall be intersected or crossed by said works shall unite with said board in form- 
 ing said intersections and crossings, and grant the privileges aforesaid; and if such 
 railroad company and said board, or the owners and controllers of the said property, 
 thing, or franchise so to be crossed, can not agree upon the amount to be paid therefor, 
 or the points or the matter of said crossings or intersections, the same shall be ascer- 
 tained and determined in all respects as is herein provided in respect to the taking of 
 land. The right of way is hereby given, dedicated, and set apart to locate, construct,
 
 Act 2206. 8§ 57-5» GENERAL. LAWS. 1262 
 
 and maintain said works over and through any of the lands which are now or may be 
 the property of this state; and also there is given, dedicated, and set apart, for the 
 uses and purposes aforesaid, all waters and water rights belonging to this state within 
 the district. 
 
 GOVEKNING DIRECTORS. 
 Compensation of directors. 
 
 $ 57. The directors when sitting as a board or acting under the orders of the board, 
 shall each receive not to exceed four dollars per day and ten cents per mile for each 
 mile actually traveled from his place of residence to the office of the board, and actual 
 and necessary expenses paid while engaged in official business under the order of the 
 board; provided, that in irrigation districts containing five hundred thousand acres 
 or more the directors, in lieu of said per diem, shall each receive a salary of one hun- 
 dred and fifty dollars per month. The board shall fix the compensation to be paid to 
 all officers named in this act, to be paid out of the treasury of the district; provided, 
 that said board shall, upon the petition of at least fifty freeholders within such district 
 therefor, submit to the electors at any general election a schedule of salaries and 
 fees to be paid hereunder, which may include the salary or per diem to be paid to the 
 directors. Such petition must be presented to the board not less than twenty days 
 nor more than forty days prior to a general election, and the result of such election 
 shall be determined and declared in all respects as other elections are determined and 
 declared under this act. [Amendment of June 9, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1368.] 
 
 This section was also amended April 22, 1909, Stats. 1909, p. 1062. 
 
 Directors not to be interested in contracts. 
 
 ^ 58. No director or any other officer named in this act shall in any manner be 
 interested, directly or indirectly, in any contract awarded or to be awarded by the 
 board, or in the profits to be derived therefi'om; and for any violation of this pro- 
 vision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall 
 work a forfeiture of his office, and he shall be punished by a fine not exceeding five 
 hundred dollars, or by imprisonment in the county jail not exceeding six months, or 
 by both such fine and imprisonment. 
 
 SPECIAL ASSESSMENTS. 
 Directors may call election on question of special assessment. Levy of assessment. 
 
 $ 59. The board of directors may at any time call a special election and submit to 
 the qualified electors of the district the question whether a special assessment shall be 
 levied for the purpose of raising money to be applied to any of the purposes of this 
 act or of any act supplementary hereto. Such election must be called upon the notice 
 prescribed, and the same shall be held and the result thereof determined and declared 
 in all respects in confonnity with the provisions of section thirty d of this act. The 
 notice must specify the amount of money proposed to be raised, and the purpose or 
 purposes for which it is intended to be used, and it may state that said assessment shall 
 be levied in two or three annuar installments and specify the amount of the install- 
 ment to be levied in each year. At the special election the ballots shall contain the 
 words "Assessment — Yes" or "Assessment — No," or words equivalent thereto. If a 
 majority of the votes cast are "Assessment — Yes," the board of directors shall, at 
 the time of the annual levy hereunder, levy a sum sufficient to raise the amount voted, 
 or, if the notice of election shall have provided for levying said assessment in annual 
 installments, the board of directors shall, at the time of the annual levy in each of the 
 years specified in said notice, levy such assessment as shall raise the amount of the 
 installment provided in said notice to be raised in said year; provided, however, that
 
 1263 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266, §§ 60-61a 
 
 in case of an unexpected emergency by which the flow of water in the canal or other 
 supply is interrupted, the amount of the indebtedness, incurred in the repair of the 
 works of said district, caused by such interruption, not to exceed in any one year forty 
 thousand dollars, may also, in addition to the assessments hereinbefore provided for, 
 be levied by the adoption of a resolution by at least four-fifths of the members of the 
 board of directors, at the time of the levying of the annual assessment provided for in 
 this act, without the submission of the question of such levy to a vote, as in this 
 section hereinbefore provided. [Amendment of May 16, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 668.] 
 
 This section was also amended April 26, 1911, Stats. 1911, p. 1111; May 18, 1917, Stats. 
 1917, p. 768. 
 
 Rate of assessments. 
 
 $ 60. The rate of assessments levied under the provisions of this act shall be ascer- 
 tained by deducting fifteen per cent for anticipated delinquencies from the aggregate 
 assessed value of the property in the district as it appears on the assessment roll for 
 the current year, and then dividing the sum to be raised by the remainder of such 
 aggregate assessed value. Special assessments shall be computed and entered by the 
 secretary and collected as a part of the regular assessment levied hereunder, and, when 
 collected, shall be paid into the district treasury for the purpose or purposes specified 
 in the notices calling the respective elections at which they were voted. [Amendment 
 of May 16, 1919. In effect July 22, 1919. Stats. 1919, p. 669.] 
 
 INCURRING INDEBTEDNESS. 
 Power to incur indebtedness restricted. 
 
 § 61. The board of directors or other officers of the district shall have no power to 
 incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of 
 the express provisions of this act; and any debt or liability incurred in excess of 
 such express provisions shall be and remain absolutely void, except that for the 
 purposes of organization, or for any of the purposes of this act, the board of 
 directors may, before the collection of the first assessment, incur indebtedness 
 in such sum or sums as shall amount to two thousand dollars, or, if the district 
 shall contain more than four thousand acres, to one-half as many dollars as there are 
 acres of land in the district, and may cause warrants of the district to be issued there- 
 for, bearing interest at not more than seven per centum per annum, said rate to be 
 fixed by the board of directors, and all such warrants must be made payable not later 
 than the first day of January after the first assessment shall be levied in the district 
 issuing such warrants; and provided, further, that nothing contained in this section 
 shall be construed as limiting the right of the board to enter into any contract or lease 
 for any lands, waters, water rights or other property, as in this act provided for, and 
 by such lease or contract to bind the district for the payment of the rental or consid- 
 eration specified in such lease or contract. [Amendment of June 9, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 1369.] 
 
 This section was also amended March 28, 1911, Stats. 1911, p. 517; June 16, 1913, Stats. 
 1913, p. 1001. 
 
 Warrants not paid to draw interest. Whenever there is money to pay warrants. 
 
 5 61a. Whenever any warrant of the district payable on demand is presented to the 
 treasurer for payment when funds are not available for the payment thereof, it shall 
 thereafter draw interest at a rate to be determined by resolution of the board of 
 directors, not, however, to exceed seven per centum per annum, until public notice is 
 given that such funds are available. Upon the presentation of any such warrants for 
 payment, other than warrants issued under the provisions of section 61 hereof, when 
 funds of the district are not available to pay the same, the treasurer of the district 
 shall endorse thereon the words "funds not available for payment," with the date of
 
 Act 2260, §8 61b-02 GBNICRAIi LAWS. 1264 
 
 presentation and shall specify the interest that such warrants shall thereafter bear 
 and shall sign his name thereto. He shall keep a record shoAving the number and 
 amount of each such warrant, the date of its issuance, the person in whose favor it 
 was issued, and the date of its presentation for payment. Whenever there is sudicient 
 money in the treasury to pay all such outstanding warrants or whenever the board of 
 directors shall order that all such warrants presented for payment prior to a certain 
 date, be made and there is sufficient money available for such payments, the 
 treasurer shall give notice in some newspaper published in the district, or, if 
 none is published therein, then in some newspaper published in the county^ in 
 which the district or any portion thereof is situated, or, if none is published in such 
 county, then the treasurer shall post such notice conspicuously in the place in which 
 the board of directors of the district holds its regular meetings, stating that he is pre- 
 pared to pay all warrants of the district for the payment of which funds were not 
 available upon their original presentation, or all such warrants which were presented 
 for payment prior to the date fixed by the board of directors, as the case may be, and 
 no further description of the warrants entitled to paj'ment shall be made in such notice. 
 Upon the presentation of any wan-ant entitled to payment under the terms of such 
 notice, the treasurer shall pay it, together with interest thereon at the rate specified 
 by the board of directors, from the date of its original presentation for payment to 
 the date of the first publication or posting of said notice, and all warrants for the 
 payment of which funds are declared in said notice to be available shall cease to draw 
 interest at the time of the first publication or posting of said notice. The treasurer 
 shall enter in the record hereinbefore required to be kept, the dates of the payment of 
 all such warrants, the names of the persons to whom payments are made and the amount 
 paid to each person. [New section added June 9, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1369.] 
 
 Directors may purchase irrigation works. 
 
 ^ 61b. The board of directors of irrigation districts may acquire, by purchase or 
 condemnation, the irrigation system, canals and works through which lands in such 
 districts have been or may be supplied with water for irrigation, and may exchange 
 bonds of such irrigation district for such system or canals or works or for any portion 
 thereof, or for any interest therein or for the capital stock of any corjioration owning 
 such system or any portion thereof, upon such terms and conditions as the said board 
 of directors may deem best. [Amendment of May 19, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 769.] 
 
 This section was added June 8, 1915, Stats. 1915, p. 1291. 
 
 Determination of validity of bonds. 
 
 ^ 61c. Where the board of directors of an irrigation district have exchanged bonds 
 or have agreed to exchange bonds for property rights in any irrigation system or works 
 or for any interest therein under the provisions of section sixty-one b of this act, the 
 court shall, in any proceeding brought under the provisions of the last section, by its 
 decree determine the validity of all bonds issued or to be issued under any contract or 
 contracts for the exchange of bonds for property interests and by its decree shall 
 determine whether the bonds provided for in said contracts, when delivered to the 
 person or corporation entitled thereto under the terms of any such contract, shall 
 constitute valid obligations of said irrigation district as against all persona. [New 
 section added June 8, 1915. In effect August 8, 1915. Stats. 1915, p. 1291.] 
 
 GOVERNING THE USE OF WATEB. 
 When the volume of water is insufllcient. 
 
 ^ 62. In case the volume of water in any stream or river shall not be sufficient to 
 supply the continual wants of the entire county through which it passes, and sua-
 
 1265 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266, §§ 63-68 
 
 ceptible of irrigation therefrom, then it shall be the duty of the water commissioners, 
 constituted as hereinafter provided, to apportion, in a just and equitable proportion, a 
 certain amount of said water upon certain or alternate weekly days to different 
 localities, as they may, in their judgment, think best for the interest of all parties con- 
 cerned, and with due regard to the legal and equitable rights of all. Said water com- 
 missioners shall consist of the chairman of the board of directors of each of the 
 districts affected. 
 
 Full capacity of ditches. 
 
 § 63. It shall be the duty of the board of directors to keep the water flowing through 
 the ditches under their control to the full capacity of such ditches in times of high 
 water. 
 
 $ 64. [Repealed May 24, 1917. In effect July 27, 1917. Stats. 1917, p. 915,] 
 
 Right of eminent domain. 
 
 § 65. Nothing herein contained shall be deemed to authorize any person or persons 
 to divert the waters of any river, creek, stream, canal, or ditch from its channel, to the 
 detriment of any person or persons having any interest in such river, creek, stream, 
 canal, or ditch, or the waters therein, unless previous compensation be ascertained and 
 paid therefor, under the laws of this state authorizing the taking of private property 
 for public uses. 
 
 EXEMPTION FROM TAXATION— CEEATION OF FUNDS. 
 Exemption of property from taxation. 
 
 § 66. The rights of way, ditches, flumes, pipe-lines, dams, water rights, reservoirs, 
 and other property of like character, belonging to any irrigation district shall not be 
 taxed for state and county or municipal purposes. 
 
 Funds created. 
 
 $ 67. The following funds are hereby created and established, to which the moneys 
 properly belonging shall be apportioned, to wit : Bond fund, construction fund, general 
 fund. 
 
 Unexpended money. 
 
 ^ 67a. Whenever an object for which money has been specially provided by assess- 
 ment or by bond issue has been accomplished and any money provided therefor remains 
 unexpended, the same shall in the discretion of the board of directors be transferred 
 to the general fund and thereafter be available for any of the purposes of this act. 
 [New section added May 19, 1917. In effect July 27, 1917. Stats. 1917, p. 769.] 
 
 GENERAL PROVISIONS. 
 Action to determine validity of bonds. Jurisdiction. Contest. Appeal. 
 
 $ 68. The board of directors may, at any time after the issue of any bonds or the 
 levy of any assessment herein provided for, bring an action in the superior court of 
 the county wherein is located the office of such board, to determine the validity of any 
 such bonds or such levy of assessments; such action shall be in the nature of a pro- 
 ceeding in rem, and jurisdiction of all parties interested may be had by publication of 
 summons for at least once a week for three weeks in some paper of general circula- 
 tion published in the county where the action is pending, such paper to be designated 
 by the court having jurisdiction of the proceedings. Jurisdiction shall be complete 
 within ten days after the full publication of such summons in the manner herein pro- 
 vided. Any one interested may at any time before the expiration of said ten days 
 appear and by proper proceedings contest the validity of such bonds or assessments. 
 Such action shall be speedily tried and judgment rendered declaring such matter so 
 
 Gen. Lav.-J — 80
 
 Act 2260, g§ 69-74 GEiNKRAL LAWS. 1266 
 
 contested either valid or invalid. Either party may have the right to appeal to the 
 supreme court at any time within thirty days after the rendition of such judgment, 
 which appeal must be heard and determined within three months from the time of 
 taking such appeal. 
 
 Assessment payer may bring action. 
 
 § 69. If no such proceedings shall have been brought by the board of directors, 
 then, at any time within thirty days after the levy of any assessment or issue of any 
 bonds under the provisions of this act, any district assessment payer may bring an 
 action in the superior court of the county where the office of the board of directors is 
 located, to determine the validity of any such assessment or such bonds. The board 
 of directoi's shall be made parties defendant, and service of summons shall be made on 
 the members of the board personally. Said board shall have the right to appear and 
 contest such action. Such action shall be speedily tried, with the right of appeal to 
 either party, within the time and manner herein provided for the bringing of actions 
 by the board to determine such matters. Such appeal shall be heard and determined 
 in the manner and within the time therein provided. 
 
 Consolidation of actions. 
 
 $ 70. If more than one action shall be pending at the same time concerning similar 
 contests in this act provided for, they shall be consolidated and tried together. 
 
 Courts must disregard errors, etc. Rules of pleading. Costs. 
 
 § 71. The court hearing any of the contests herein provided for, in inquiring into 
 the regularity, legality, or correctness of such proceedings, must disregard any error, 
 irregularity, or omission which does not affect the substantial rights of the parties to 
 said action or proceeding. The rules of pleading and practice provided by the Code of 
 Civil Procedure, which are not inconsistent with the provisions of this act, are 
 applicable to all actions or proceedings herein provided for. The motion for a new 
 trial of any such action or proceeding must be heard and determined within ten days 
 from the filing of the notice of intention. The costs on any hearing, or contest herein 
 provided for, may be allowed and apportioned between the parties, or taxed to the 
 losing party, in the discretion of the court. 
 
 Contests. 
 
 § 72. No contest of anything or matter herein provided shall be made other than 
 within the time and manner herein specified, and in any such action all findings of facts 
 or conslusions of said board of directors, or of the board of supervisors upon all mat- 
 ters shall be conclusive, unless such action was instituted within six months after such 
 finding or conclusion was made. [Amendment of June 9, 1915. In effect August 8, 
 1915. Stats. 1915, p. 1370.] 
 
 Penalty for violation of duty. 
 
 § 73. For any willful violation of any express duty herein provided for, on the part 
 of any officer herein named, he shall be liable upon his official bond, and be subject to 
 removal from office, by proceedings brought in the superior court of the county wherein 
 the office of the board of directors of the district is located, by any assessment payer 
 of the district. 
 
 EXCLUSION OF LANDS. 
 
 Boundaries may he changed. Existing rights not to he affected. 
 
 $ 74. The boundaries of any irrigation district now organized or hereafter organized 
 under the provision of this act, may be changed, and tracts of land which were included 
 within the boundaries of such district at or after its organization under the provisions
 
 1267 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266. §g 75, 77 
 
 of said act, may be excluded therefrom, in the manner herein prescribed; but neither 
 such change of the boundaries of the districts nor such exclusion of lands from the 
 district shall impair or affect its organization, or its right in or to property, or any 
 of its rights or privileges of whatever kind or nature; nor shall it affect, impair, or 
 discharge any contract, obligation, lien, or charge for or upon which said district was 
 and may become liable or chargeable, had such change of its boundaries not been 
 made, or had not such land been excluded from the district. 
 
 Petition of owners for exclusion of lands. 
 
 $ 75. The owner or owners in fee of one or more tracts of land which constitute a 
 portion of an irrigation district may jointly or severally file with the board of directors 
 of the district a petition, praying that such tract or tracts, and any other tracts con- 
 tiguous thereto, may be excluded and taken from said district. The petition ghall 
 state the grounds and reasons upon which it is claimed that such lands should be 
 excluded and shall describe the boundaries thereof, and also the lands of such peti- 
 tioner or petitioners which are included within such boundaries; but the description 
 of such lands need not be more particular or certain than is required when the lands 
 are entered in the assessment-book by the county assessor. Such petition must bs 
 acknowledged in the same manner and form as is required in the case of a convey- 
 ance of land, and the acknowledgment shall have the same force and effect as evidence 
 as the acknowledgment of such a conveyance. 
 
 Publication of filing of petition. What the notice shall state. 
 
 § 76. The secretary of the board of directors shall cause a notice of the filing of 
 such petition to be published for at least two weeks in some newspaper published in 
 the county where the office of the board of directors is situated, and if any portion 
 of such territory to be excluded lie within another county or counties, then said notice 
 shall be so published in a newspaper published within each of said counties; or if no 
 newspaper be published therein, then by posting such notice for the same time in at 
 least three public places in said district, and in case of the posting of said notices, one 
 of said notices must be so posted on the lands proposed to be excluded. The notice 
 shall state the filing of such petition, the names of the petitioners, a description of the 
 lands mentioned in said petition, and the prayer of said petition; and it shall notify 
 all persons interested in, or who may be affected by such change of the boundaries of 
 the district, to appear at the office of said board at a time named in said notice, and 
 show cause, in writing, if any they have, why the change of the boundaries of said 
 district, as proposed in said petition, should not be made. The time to be specified 
 in the notice at which they shall be required to show cause shall be the regular meeting 
 of the board next after the expiration of the time for the publication of the notice. 
 
 Hearing of petition. Failure to show cause deemed assent. Expenses. 
 
 $ 77. The board of directors, at the time and place mentioned in the notice, or at 
 the time or times to which the hearing of said petition may be adjourned, shall proceed 
 to hear the petition, and all evidence or proofs that may or shall be introduced by or 
 on behalf of the petitioner or petitioners, and all objections to such petition that may 
 or shall be presented in writing by any person showing cause as aforesaid, and all 
 evidence and proofs that may be introduced in support of such objections. Such evi- 
 dence shall be taken down in shorthand, and a record made thereof and filed with thg 
 board. The failure of any person interested in said district, other than the holders of 
 bonds thereof outstanding at the time of the filing of said petition with said board, to 
 show cause, in writing, why the tract or tracts of land mentioned in said petition should 
 not be excluded from said district, shall be deemed and taken as an assent by him to the 
 exclusion of such tract or tracts of land, or any part thereof, from said district; and
 
 Act 2266, §§ 78, 79 GENERAL LAWS. 1268 
 
 the filin" of such petition with said board, as aforesaid, shall be deemed and taken as 
 an assent by each and all such petitioners to the exclusion from such district of the 
 lands mentioned in the petition, or any part thereof. The expenses of giving said notice 
 and of the aforesaid proceeding shall be paid by the person or persons filing such 
 petition. 
 
 Power of board to exclude lands from irrigation district. 
 
 § 78. If, upon the hearing of any such petition, no evidence or proofs in support 
 thereof be introduced, or if the evidence fails to sustain said petition, or if the board 
 deem it not for the best interest of the district that the lands, or some portion thereof, 
 mentioned in the petition, should be excluded from the district, the board shall order 
 that said petition be denied as to such lands; but if the said board deem it for the 
 best interest of the district that the lands mentioned in the petition, or some portion 
 thereof, be excluded from the district, and if no person interested in the district show 
 cause in writing why the said lands, or some portion thereof, should not be excluded 
 from the district, or if, having shown cause, withdraws the same, or upon the hearing 
 fails to establish such objections as he may have made, then it shall be the duty of the 
 board to, and it shall forthwith, make an order that the lands mentioned and described 
 in the petition, or some defined portion thereof, be excluded from said district; pro- 
 vided, that it shall be the duty of said board to so order, upon petition therefor as 
 aforesaid, that all lands so petitioned to be excluded from said district shall be 
 excluded therefrom, which can not be irrigated from, or which are not susceptible to, 
 irrigation from a common source or by the same system of works with the other lands 
 of said district, or from the source selected, chosen, or provided, or the system adopted 
 for the irrigation of the lands in said district, or which are already irrigated, or 
 entitled to be in'igated, from another source or by another system of irrigation works; 
 provided, that no land imgated by means of water, pumped from an underground 
 source or sources shall be entitled to exclusion from any irrigation district on account 
 of being so irrigated, if it shall be shown that such land is or will be substantially 
 benefited by subirrigation from the works of said district or by drainage works pro- 
 vided or required by law to be provided by said district, but no owner of land in any 
 irrigation district shall be required to pay any assessment, except for the pa3anent of 
 interest and principal due on bonds of the district, on any land in such district which, 
 when the district was organized, was irrigated by means of water pumped from an 
 underground source or sources and has continued each year to be irrigated exclusively 
 by such means. [Amendment of May 2G, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 836.] 
 
 This section was also amended February 28, 1905, Stats. 1905, p. 27; June 13, 1913, 
 Stats. 1913, p. 781. 
 
 Assent of bondholders. Release from lien. Assent shall be recorded. 
 
 § 79. If there be outstanding bonds of the district at the time of the filing of said 
 petition, the holders of such outstanding bonds may give their assent, in writing, to 
 the effect that they severally consent that the lands mentioned in the petition, or such 
 portion thereof as may be excluded from said district by order of said board, or the 
 decree of the superior court as hereinafter provided, may be excluded from the dis- 
 trict ; and if said lands, or any portion thereof, be thereafter excluded from the district, 
 the lands so excluded shall be released from the lien of such outstanding bonds. The 
 assent must be acknowledged by the several holders of such bonds in the same manner 
 and form as is required in case of a conveyance of land, and the acknowledgment shall 
 have the same force and effect as evidence as the acknowledgment of such conveyance. 
 The assent shall be filed with the board, and must be recorded in the minutes of the 
 board; and said minutes, or a copy thereof, certified by ths secretary of said board,
 
 12C9 IRRIGATION AND IRRIGATION DISTRICTS, Act 2266, §§ 80-84 
 
 shall be admissible in evidence, with the same effect as the said assent, and such 
 certified copy thereof may be recorded in the oftice of the county recorder of the count}' 
 wherein said lands are situated. 
 
 Change of boundaries of district to be recorded. Exclusion does not affect organization. 
 ^ 80. In the event the said board of directors shall exclude any lands from said 
 district upon petition therefor, it shall be the duty of the board of directors to make 
 an enti-y in the minutes of the board, describing the boundaries of the district, should 
 the exclusion of said lands from said district change the boundaries of said district, 
 and for that purpose the board may cause a survey to be made of such portions of the 
 district as the board may deem necessary; and a certified copy of the entry in the 
 minutes of the board excluding any land, certified by the president and secretary of 
 the board, shall be filed for record in the recorder 's office of each county within which 
 are situated any of the lands of the district; but said district, notwithstanding such 
 exclusion, shall be and remain an irrigation district as fully, to every intent and pur- 
 pose, as it would be had no change been made in the boundaries of the district, or had 
 the lands excluded therefrom never constituted a portion of the district. 
 
 Office of director of excluded division made vacant. 
 
 § 81. If the lands excluded from any district under this act shall embrace the greater 
 portion of any division or divisions of such district, then the ofiice of director for such 
 division or divisions shall become and be vacant at the expiration of ten days from the 
 final order of the board excluding said lands; and such vacancy or vacancies shall 
 be filled by appointment by the board of supervisors of the county where the office of 
 such board is situated, from the district at large. A director appointed as above pro- 
 vided, shall hold his office until the next regular election for said district, and until 
 his successor is elected and qualified. 
 
 Division of district. 
 
 § 82. At least thirty days before the next general election of such district, the board 
 of directors thereof shall make an order dividing said district into three or five 
 divisions, as the ease may require, as nearlj' equal in size as may be practicable, which 
 shall be numbered first, second, third, and so on, and one director shall be elected by 
 each division. For the purposes of elections in such district, the said board of direc- 
 tors must establish a convenient number of election precincts, and define the boundaries 
 thereof, which said precincts may be changed from time to time, as the board of 
 directors may deem necessary. 
 
 Rights of guardian, administrator or executor. 
 
 ft 83. A guardian and executor, or an administrator of an estate, who is appointed 
 as such under the laws of this state, and who, as such guardian, executor, or adminis- 
 trator, is entitled to the possession of the lands belonging to the estate which he 
 represents, may, on behalf of his ward, or the estate which he represents, upon being 
 thereto properly authorized by the proper court, sign and acknowledge the petition 
 in this act mentioned, and may show cause, as in this act provided, why the boundaries 
 of the district should not be changed. 
 
 Lands excluded not released from liability for indebtedness. 
 
 ^ 84. Nothing in this act provided shall, in any manner, operate to release any of 
 the lands so excluded from the district fi'om anj' obligation to pay, or any lien thereon, 
 of any valid outstanding bonds or other indebtedness of said district at the time of 
 the filing of said petition for the exclusion of said lands, but upon the contrary, said 
 lands shall be held subject to said lien, and answerable and chargeable for and «^ith 
 the payment and discharge of all of said outstanding obligations at the time of the
 
 Act 2366, 88 85-87 GENERAL LAWS. 1270 
 
 filing of the petition for the exclusion of said land, as fully as though said petition 
 for such exclusion were never filed and said order or decree of exclusion never made; 
 and for the purpose of discharging such outstanding indebtedness, said lands so 
 excluded shall be deemed and considered as part of said irrigation district the same 
 as though said petition for its exclusion had never been filed or said order or decree 
 of exclusion never made; and all provisions which may have been resorted to to 
 compel the payment by said lands of its quota or portion of said outstanding obliga- 
 tions, had said exclusion never been accomplished, may, notwithstanding said exclusion, 
 be resorted to to compel and enforce the payment on the part of said lands of its quota 
 and portion of said outstanding obligations of said irrigation district for which it is 
 liable, as herein provided. But said land so excluded shall not be held answerable or 
 chargeable for any obligation of any nature or kind whatever, incurred after the filing 
 with the board of directors of said district of the petition for the exclusion of said 
 lands from the said district; provided, that the provisions of this section shall not 
 apply to any outstanding bonds, the holders of which have assented to the exclusion 
 of such lands from said district, as hereinbefore provided, 
 
 INCLUSION OF LANDS. 
 Boundaries may he changed. Existing rights not affected. 
 
 § 85. The boundaries of any irrigation district now organized or hereafter organized 
 under the provisions of this act may be changed in the manner herein prescribed; 
 but such change of the boundaries of the district shall not impair or affect its organi- 
 zation, or its rights in or to property, or any of its rights or privileges of whatsoever 
 kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, 
 or charge for or upon which it was or might become liable or chargeable, had such 
 change of its boundaries not been made. 
 
 Manner of procedure for inclusion of lands. 
 
 § 86. The holder or holders, of title, or evidence of title, representing one-half or 
 more of any body of lands adjacent to the boundary of an irrigation district, which 
 are contiguous, and which, taken together, constitute one tract of land, may file with 
 the board of directors of said district a petition, in writing, praying that the bound- 
 aries of said district may be so changed as to include therein said lands. The petition 
 shall describe the boundaries of said parcel or tract of land, and shall also describe 
 the boundaries of the several parcels owned by the petitioners, if the petitioners be 
 the owners, respectively, of distinct parcels, but such descriptions need not be more 
 particular than they are required to be when such lands are entered by the county 
 assessor in the assessment-book. Such petition must contain the assent of the peti- 
 tioners to the inclusion within said district of the parcels or tracts of land described 
 in the petition, and of which said petition alleges they are, respectively, the owners; 
 and it must be acknowledged in the same manner that conveyances of land are required 
 to be acknowledged. 
 
 Notice of filing of petition. 
 
 § 87. The secretary of the board of directors shall cause a notice of the filing of 
 such petition to be given and published in the same manner and for the same time 
 that notices of special elections for the issue of bonds are required by this act to be 
 published. The notice shall state the filing of such petition and the names of the 
 petitioners, a description of the lands mentioned in said petition, and the prayer of 
 said petition; and it shall notify all persons interested in, or that may be affected 
 by such change of the boundaries of the district, to appear at the offices of said board, 
 at a time named in said notice, and show cause in writing, if any they have, why the 
 change in the boundaries of said district, as proposed in said petition, should not be
 
 i::ri IRRIGATIOX AHHJ irrigation districts. Act 2266, §§ 88-90 
 
 made. The time to be specified in the notice at which they shall be required to show 
 cause shall be the regular meeting of the board next after the expiration of the time 
 for the publication of the notice. The petitioners shall advance to the secretary- suffi- 
 cient money to pay the estimated costs of all proceedings under this act. 
 
 Hearing of petition. Failure to appear deemed an assent. 
 
 $ 88. The board of directors, at the time and place mentioned in the said notice, 
 or at such other time or times to which the hearing of said petition may be adjourned, 
 shall proceed to hear the petition, and all the objections thereto, presented in writing 
 by any person showing cause as aforesaid why said proposed change of the boundaries 
 of the district should not be made. The failure by any person interested in said 
 district, or in the matter of the proposed change of its boundaries, to show cause, in 
 writing, as aforesaid, shall be deemed and taken as an asset on his part to a change 
 of the boundaries of the district as prayed for in said petition, or to such a change 
 thereof as will include a part of said lands. And the filing of such petition with sai.d 
 board, as aforesaid, shall be deemed and taken as an assent on the part of each and 
 all of such petitioners to such a change of said boundaries that they may include the 
 whole or any portion of the lands described in said petition. 
 
 Condition precedent. 
 
 5 89. The board of directors to whom such petition is presented, may require, as a 
 condition precedent to the granting of the same, that the petitioners shall severally 
 pay to such district such respective sums, as nearly as the same can be estimated 
 (the several amounts to be determined by the board), as said petitioners or their 
 grantors would have been required to pay to such districts as assessments, had such 
 lands been included in such district at the time the same was originally formed. 
 
 Change in boundaries. Inclusion of public lands. 
 
 § 90. If the board of directors deem it for the best interest of the district that the 
 boundaries of said district be changed and if no person interested in said district or 
 the proposed change of its boundaries shows cause, in writing, why the proposed change 
 should not be made, or, having shown cause, withdraws the same, the board may order 
 that the boundaries of the district be so changed as to include therein the lands men- 
 tioned in said petition or some part thereof. The order shall describe the boundaries 
 as changed and shall also describe the entire boundaries of the district as they will be 
 after the change thereof as aforesaid is made; and for that purpose the board may 
 cause a survey to be made of such portions of such boundary as is deemed necessary; 
 provided, however, that any public land of the United States of America adjoining 
 the boundaries of any irrigation district may be included within the boundaries of any 
 such irrigation district by order or resolution of the board of directors of such district 
 without any petition being filed asking for such inclusion; and provided, further, that 
 when additional land is included within any irrigation district and the board of 
 directors of such district finds either that such inclusion without condition would work 
 an injury to the land already in the district either by an impairment of water right or 
 by requiring a greater expense for furnishing water to the lands proposed to be in- 
 cluded, the board may prescribe conditions upon such inclusion of land, either by 
 providing for priority of right to water or for the payment of an additional annual 
 charge or such other conditions as may to the board seem just. If such inclusion is 
 upon petition of property owners all such propert}^ owners must sign and acknowledge 
 an agreement with the district, specifying such conditions and describing the land so 
 to be included. Such agreement must be recorded in the oflBce of the county recorder 
 of the county in which such lands are situated, together with a certified copy of the
 
 Act 2266, §§ 01-95 GCNERAl. L,A^IVS. 1272 
 
 order including such lands, and thereupon such lands shall become a part of such irri- 
 gation district subject to such conditions. [Amendment of June 9, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 1370.] 
 
 Resolution describing boundaries. 
 
 ^ 91. If any person interested in said district or the proposed change of its bound- 
 aries shall show cause as aforesaid why such boundaries should not be changed and 
 shall not withdraw the same or if the board of directors deem it not for the best inter- 
 ests of the district that the boundaries thereof be changed so as to include therein the 
 lands mentioned in the petition or some part thereof, the board shall adopt a resolu- 
 tion to that effect. The resolution shall describe the exterior boundaries of the land 
 which will be included within the boundaiies of the district when changed, but before 
 calling the election provided for in the next section, the board may require an under- 
 taking, with sufficient sureties, from the petitioners that they will pay all of the cost 
 of holding such election for the inclusion of such lands in case such inclusion should 
 be denied. [Amendment of June 9, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 1371.] 
 
 Notice of election. Ballots. 
 
 ^ 92. Upon the adoption of the resolution mentioned in the last preceding section, 
 the board shall order that an election be held within said district, to determine whether 
 the boundaries of the district shall be changed as mentioned in said resolution; and 
 shall fix the time at which such election shall be held, and cause notice thereof to be 
 given and published. Such notice shall be given and published, and such election 
 shall be held and conducted, the returns thereof shall be made and canvassed, and the 
 result of the election ascertained and declared, and all things pertaining thereto 
 conducted in the manner prescribed hy said act in case of a special election to deter- 
 mine whether bonds of an irrigation district shall be issued. The ballots east at said 
 election shall contain the words "For change of boundary," or "Against change of 
 boundary," or words equivalent thereto. The notice of election shall describe the 
 proposed change of the boundaries in such. manner and terms that it can readily be 
 traced. 
 
 Election, holding of. Time of and notice of. Ballots. 
 
 $ 93. If at such election a majority of all the votes cast at said election shall be 
 against such change of the boundaries of the district, the board shall order that said 
 petition be denied, and shall proceed no further in that matter. But if a majority 
 of such votes be in favor of such change of the boundaries of the district, the board 
 shall thereupon order that the boundaries be changed in accordance with said reso- 
 lution adopted by the board. The said order shall describe the entire boundaries of 
 said district, and for that purpose the board may cause a sui'vey of such portion^ 
 thereof to be made as the board may deem necessary. 
 
 Order of board to be recorded. 
 
 ^ 94. Upon a change of the boundaries of a district being made, a copy of the order 
 of the board of directors ordering such change, certified by the president and secretary 
 of the board, shall be filed for record in the recorder's office of each county within 
 which are situated any of the lands of the district, and thereupon the district shall 
 be and remain an irrigation district, as fully, and to every intent and purpose, as if 
 the lands which are included in the district by the change of the boundaries, as afore- 
 said, had been included therein at the original organization of the district. 
 
 Recording petition in minutes. 
 
 § 95. Upon the filing of the copies of the order, as in the last preceding section 
 mentioned, the secretary shall record in the minutes of the board the petition afore-
 
 1273 IRRIGATIO.V AND IRRIGATION DISTRICTS. Act 2266, §§ 96-99^4 
 
 said; and the said minutes, or a certified copy thereof, shall be admissible in evidence, 
 with the same effect as the petition. 
 
 Rights of guardians, executors and administrators. 
 
 § 96. A guardian, an executor, or an administrator of an estate, who is appointed 
 as such under the laws of this state, and who, as such guardian, executor, or admin- 
 istrator, is entitled to the possession of the lands belonging to the estate which he 
 represents, may, on behalf of his ward, or the estate which he represents, upon being 
 thereunto authorized by the proper court, sign and acknowledge the petition in this 
 act mentioned, and may show cause, as in this act mentioned, why the boundaries of 
 the district should not be changed. 
 
 Re-division of district. 
 
 § 97. In case of the inclusion of any land within any district by proceedings under 
 this act, the board of directors must, at least thirty days prior to the next succeeding 
 general election, make an order re-dividing such district into three or five divisions, 
 as the case may require, as nearly equal the size as may be practicable, which shall 
 be numbered first, second, third, and so on, and one director shall thereafter be elected 
 by each division. For the purposes of elections, the board of directors must establish 
 a convenient number of election precincts in said districts, and define the boundaries 
 thereof, which said precincts may be changed from time to time, as the board may 
 deem necessary. 
 
 EEDUCTION OF BONDED INDEBTEDNESS. 
 Reduction of bonded indehtedness. Authority of board of directors. 
 
 ^ 98. Whenever the board of directors of an irrigation district heretofore organized, 
 or hereafter organized under the provisions of this act, shall determine that the 
 authorized bonded indebtedness of such irrigation district is greater than such district 
 is liable to need to complete its system as planned, and there be no outstanding bonds, 
 the board of directors may call a special election for the purpose of voting upon a 
 proposition to reduce such bonded indebtedness to such sum as the board may deter- 
 mine to be sufficient for such purpose. 
 
 Special election. Ballots. 
 
 § 99. Notice of the said election shall be given in the same manner as provided in 
 section thirty of said act, in relation to calling special elections for issuance of bonds. 
 The notice of election must state the amount of the authorized bonded indebtedness 
 of such district, and the amount to which it is proi^osed to reduce the same; also, the 
 date on which said election will be held, and the polling-places, as established, by 
 said board of directors. The ballots cast at said election shall contain the words 
 "For reducing bonds — Yes," or "For reducing bonds — No." When the vote is can- 
 vassed by the board of directors and entered of record, if a majority of the votes cast 
 shall be "For reducing bonds — Yes," then in that event the board of directors shall 
 only be empowered to issue or sell such amount of bonds as was stipulated in the said 
 notice of such special election; but if a majority of said votes are not "For reducing 
 bonds— Yes, " then the authority to issue bonds shall remain the same as before said 
 special election was held. 
 
 Assent of bondholders. Reduction docs not affect order confirming validity of bonds. 
 § 991/2. In case there be outstanding bonds of any district desiring to take advan- 
 tage of the provisions of this act concerning reduction of bonded indebtedness, the 
 assent of such bondholders may be obtained to such reduction of the bonded indebt- 
 edness, in the same manner as provided in section 79 of this act. If such assent is 
 obtained in the manner therein provided, then, and in that event, such district shall
 
 Act 226C, §g 100-105 GENERAL LAWS. 1271 
 
 be empowered to take advantage of all the provisions of this act, but not otherwise. 
 No reduction of the bonded indebtedness, as in this act provided, shall in any manner 
 aflfeft any order of court that may have been made, adjudicating and confirming the 
 validity of said bonds. 
 
 LEASE OF WATER. 
 Authority to lease granted. 
 
 $ 100. Whenever any irrigation district, heretofore organized, or hereafter organized 
 under the provisions of this act, in the development of its works as by law provided, 
 may have opportunity, without increased expenditure, to utilize the water by it owned 
 or controlled, for mechanical purposes not inconsistent with the provisions of said act, 
 the board of directors may lease the same, as in this act hereinafter provided. 
 
 Manner of procedure. 
 
 $ 101. Whenever the board of directors may desire to lease the use of water, as 
 liereinbefore stated, they shall pass a resolution of intention to so lease the same. 
 Immediately thereafter the secretary shall cause notice of such intention to be given 
 by publication in one newspaper published in each coi;nty in which lands of the dis- 
 trict are situated, for at least twenty days (provided, a newspaper is published 
 therein, otherwise in any newspaper the board of directors may select), and, if the 
 board thinks proper in such other newspapers as may be deemed advisable, calling 
 for bids for the leasing of said water for the purposes hereinbefore mentioned. Said 
 notice shall state that the board will receive sealed proposals therefor, that the lease 
 will be let to the highest responsible bidder, stating the time and place of opening said 
 proposals. 
 
 Same. Opening proposals. Leasing property. Rejecting bids and readvertising for 
 
 proposals. 
 
 ^ 102. At the time and place appointed the board shall proceed to open the proposals 
 in public. As soon thereafter as may be convenient the board shall let said lease in 
 portions, or as a whole, to the highest responsible bidder, or they may reject any or all 
 bids, and readvertise for proposals for the same. 
 
 Rentals. 
 
 ^ 103. The rental accruing upon said lease may vary from year to year, as shall 
 be specified in said lease, and shall be payable semi-annually, on the thirteenth day of 
 December and thirtieth day of June of each year. All moneys collected, as in this 
 act provided, shall be paid into the treasury, and be apportioned to such funds as may 
 be deemed advisable. 
 
 Length of lease. Forfeiture. 
 
 $ 104. The board shall have power, as in this act provided, to execute a lease for 
 any period not exceeding twenty-five years. If at any time the rental shall not be paid 
 on the days hereinbefore mentioned, the amount of such rental then due shall be 
 doubled, and if not paid within ninety days thereafter, the said lease shall be forfeited 
 to said district, together with any and all works constructed, owned, used, or controlled 
 by said lessee. 
 
 Bond. 
 
 § 105. Upon the letting of any lease, as in this act provided, the board may require 
 the lessee to execute a bond for the faithful performance of the covenants of said 
 lease, or give such other evidence of good faith as in their judgment may be necessary.
 
 1273 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266, g§ 106-110 
 
 DESTRUCTION OF UNSOLD BONDS. 
 Election to vote upon, calling of. 
 
 § 106. Whenever there remains in the hands of the board of directors of any irriga- 
 tion district heretofore organized, or organized under the provisions of this act, after 
 the completion of its ditch system, and the payment of all demands against such dis- 
 trict, any bonds voted to be issued by said district, but not sold, and not necessary to 
 be sold for the raising of funds for the use of such district, said board of directors 
 may call a special election for the purpose of voting upon a proposition to destroy 
 said unsold bonds, or so many of them as may be deemed best, or may submit such 
 proposition at a general election. 
 
 Holding of. Ballots. 
 
 § 107. Such election shall be held in the same manner as other elections held under 
 the provisions of this act. A notice of such election shall be given in the same manner 
 as provided in section thirty of this act in relation to calling special elections for the 
 issuance of bonds. The notice of election must state the amount of the bonded indebt- 
 edness of such district authorized by the vote of the district, the amount of the bonds 
 remaining unsold, and the amount proposed to be destroyed, and the date on which 
 such election is proposed to be held, and the polling-places as fixed by the board of 
 directors. The ballots to be cast at such election shall contain the words "For destroy- 
 ing bonds — Yes," and "For destroying bonds — No," and the voter must erase the 
 word "No" in case he favors the destniction of bonds, otherwise the word "Yes." 
 
 Two-thirds majority. 
 
 $ 108. When the vote is canvassed by the board of directors and entered of record, 
 if a two-thirds majority of the votes cast should be found to be in favor of the destruc- 
 tion of said bonds, then the president of the board, in the presence of a majority of 
 the members of the board, must destroy the bonds so voted to be destroyed; and the 
 total amount of bonds so destroyed and canceled shall be deducted from the sum 
 authorized to be issued by the electors of said district, and no part thereof shall there- 
 after be reprinted or reissued. 
 
 SAVING CLAUSES. 
 Existing districts and existing rights not affected. 
 
 § 109. Nothing in this act shall be so construed as to affect the validity of any 
 district heretofore organized under the laws of this state, or its rights in or to property, 
 or any of its rights or privileges of whatsoever kind or nature; but said districts are 
 hereby made subject to the provisions of this act so far as applicable; nor shall it 
 affect, impair, or discharge any contract, obligation, lien, or charge for, or upon which 
 it was or might become liable or chargeable had not this act been passed; nor shall it 
 affect the validity of any bonds which have been issued but not sold; nor shall it 
 affect any action which now may be pending. 
 
 Effect of statute on prior acts. 
 
 ^ 110. Nothing in this act shall be construed as repealing or in any wise modifying 
 the provisions of any other act relating to the subject of irrigation or water commis- 
 sioners, except such as may be contained in the act, an act entitled an act to provide for 
 the organization and government of irrigation districts, and to provide for the acquisi- 
 tion of water and other property, and for the distribution of water thereby for 
 irrigation purposes, approved March seventh, eighteen hundred and eighty-seven, and 
 the subsequent acts supplementary thereto, and amendatory thereof, all of which acts, 
 so far as they may be inconsistent herewith, are hereby repealed.
 
 Ait22(;0, g§ 111,112 
 
 GBNBRAl. LAWS. 
 
 t276 
 
 Time of taking effect of statute. 
 
 § 111. This act shall take effect from and after its passage and approval. 
 
 Title of act. 
 
 § 112. This act may be referred to in anj' action, proceeding or legislative enactment 
 as "the California irrigation district act." [Amendment of May 16, 1919. In effect 
 July 22, 1919. Stats. 1919, p. 669.] 
 
 This was a new section added May 18, 1917, Stats. 1917, p. 769. 
 
 1. Act is supplementary to Wright act. — 
 
 The act of 1897 is referred to as an act 
 supplementary to the Wright act. — Jenison 
 V. Redfield, 149 Cal. 500, 89 Pac. 62. 
 I. CONSTITUTIONALITY. 
 
 1. Power of legislature to organiiee irri- 
 gation district without giving the land- 
 owners any voice. — The legislature might 
 or.ganize an irrigation district without giv- 
 ing the property owners any voice in the 
 matter at all, and it may do so as provided 
 in the act of 1897, by authorizing the prop- 
 erty owners themselves to initiate the pro- 
 ceedings to form such a district by the 
 presentation of a petition signed by a ma- 
 jority of those in the proposed district who 
 appear on the last equalized assessment 
 roll as land owners therein. — In re Bonds 
 San Joaquin Irr. Dist., 161 Cal. 345, 119 
 Pac. 198. 
 
 2. Power of legislature to create irriga- 
 tion districts by a statute passed without 
 formal notice. — The legislature may create 
 irrigation districts by a statute passed 
 without any formal notice or hearing, or it 
 may delegate the power to some local 
 board. — Imperial Water Co. v. Board of 
 Supervisors, 162 Cal. 15, 17, 120 Pac. 780. 
 
 3. Legislative power to make whoever 
 it sees fit eligible as petitioners to form 
 irrigation district. — The legislature may 
 make such persons as it sees fit eligible as 
 petitioners to an initiatory proposal to form 
 a district, including owners of possessory 
 rights. — Imperial Water Co. v. Board of 
 Supervisors, 162 Cal. 15, 25, 120 Pac. 780. 
 
 4. Delegation of power to county officers. 
 — The act is not unconstitutional on the 
 ground that it delegates powers to or im- 
 poses duties upon certain county officers in 
 connection with the assessment and collec- 
 tion of taxes of the district. — In re Bonds 
 San Joaquin Irr. Dist.. 161 Cal. 345, 119 
 Pac. 198. 
 
 5. Provisions of act as to assessments 
 and bond issues not foreign to title. — The 
 provisions of the act to test the validity of 
 an assessment and bond issue are not for- 
 eign to the title of the act, and not void 
 under section 24, article IV of the constitu- 
 tion. — In re Bonds San Joaquin Irr. Dist., 
 161 Cal. 345, 119 Pac. 198. 
 
 6. Provides protection to landowner. — 
 The general machinery of the act provides 
 ample protection to the landowner and 
 every reasonable opportunity to correct 
 specific abuses. — In re Bonds San Joaquin 
 Irr. Dist., 161 Cal. 345, 119 Pac. 198. 
 
 7. Section 2 does not deny "due process." 
 — The fact that section 2 in effect dispenses 
 
 with signatures to the notice does not con- 
 stitute a denial of due process of law, inas- 
 much as due process requires substantially 
 that the notice given should, under tlie cir- 
 cumstances, have a reasonable tendency to 
 apprise the parties interested of the nature 
 of the proceeding and the time and place of 
 the hearing — Imperial Water Co. v. Board 
 of Supervisors. 162 Cal. 15, 23, 120 Pac. 780. 
 
 8. Provision for appeal to superior court 
 unconstitutional. — Section 4 of the act of 
 1897 providing for an appeal directly to the 
 superior court from the order of the board 
 of supervisors granting an application to 
 form an irrigation district is unconstitu- 
 tional and void. — Chinn v. Superior Court. 
 156 Cal. 478, 105 Pac. 580. 
 
 9. Unconstitutionality of section 4 does 
 not void whole act. — Section 4 of the act 
 providing for an appeal to the superior 
 court is not so important that it will be 
 presumed that the legislature would not 
 have enacted the rest of the act without it, 
 and its invalidity does not, therefore, affect 
 the validity of the act in such other por- 
 tions. — Imperial Water Co. v. Board of 
 Supervisors, 162 Cal. 15, 20, 120 Pac. 780. 
 
 10. Same. — The fact that the provision 
 for appeal to the superior court from the 
 determination of the board of supervisors 
 has been declared unconstitutional, does not 
 destroy the whole act, wliich would be valid 
 without the provision. — In re Bonds San 
 Joaquin Irr. Dist., 161 Cal. 345, 119 Pac. 198. 
 
 11. Amendment of 1911 made ■»vith knowl- 
 edge of unconstitutionality of section 4. — 
 The presumption is that the legislature had 
 knowledge of the fact that section 4 had 
 been declared unconstitutional when it 
 amended the act of 1911, and it is implied 
 from this fact that the legislature deemed 
 the remaining portions valid, and did not 
 consider section 4 so vital to the scheme 
 that the law would not have been enacted 
 ■without it. — Imperial Water Co. v. Board of 
 Supervisors, 162 Cal. 15, 21, 120 Pac. 780. 
 
 12. Section 34 constitutional. — Section 34 
 of the act goes only to the method of invok- 
 ing the action of the trustees for the calling 
 of an election as to the incurring of indebt- 
 edness, and is constitutional. — In re Bonds 
 San Joaquin Irr. Dist.. 161 Cal. 345, 119 
 Pac. 198. 
 
 13. Section 39 constitutional. — Section 39 
 of the act is constitutional. — Nevada, etc.. 
 Bank v. Supervisors of Kern Co., 5 Cal. 
 App. 638. 91 Pac. 122. 
 
 14. Enabling act of 1901 constitutional. — 
 The enabling act of 1901 is held to be con-
 
 1277 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 Act 22C6 
 
 stltutional. — Byington v. Sacramento, etc., 
 Co., 170 Cal. 124, 131, 148 Pac. 791. 
 
 II. PROCEEDINGS. 
 a. Petition. Notice. 
 
 15. Notice need not be signed by all pe- 
 titioners. — Section 2 does not require the 
 notice of time of presentation of petition to 
 be signed by all the petitioners, and ex- 
 pressly provides that a lack of signatures 
 thereto shall not vitiate the proceedings, 
 provided the petition itself has a sufficient 
 number of signatures, and if any signatures 
 are required to the notice it is sufficient if 
 some of the petitioners have signed it. — 
 Imperial V*''ater Co. v. Board of Supervisors, 
 162 Cal. 15, 22, 120 Pac. 780. 
 
 16. Proof of publication of notice. — It is 
 sufficient that the proof of publication of the 
 notice and petition was made by the affida- 
 vit of the publisher of the newspaper in 
 which it was made. — Imperial Water Co. v. 
 Board of Supervisors, 162 Cal. 15, 24, 120 
 Pac. 780. 
 
 17. SigTiatnres to petition. — A notice 
 authorized by the petitioners and purport- 
 ing to be signed by some of them for all, 
 and regularly published as required by the 
 act would be valid, whether the purported 
 signatures of the petitioners thereto were 
 actually written by the petitioners or some 
 other person by their authority. — Imperial 
 Water Co. v. Board of Supervisors, 162 Cal. 
 15, 23, 120 Pac. 780. 
 
 18. Time named in notice. — The notice 
 need not specify that the petition will be 
 presented at a "regular meeting" of the 
 board, and a notice stating that it will be 
 presented at a specified time is sufficient, if 
 the time so presented is in fact the time of 
 a regular meeting of the board. — Imperial 
 Water Co. v. Board of Supervisors, 162 Cal. 
 15, 23, 120 Pac. 780. 
 
 19. W'ithdraival of petitioners. — The pe- 
 titioners for the organization of an irriga- 
 tion district under the irrigation district act 
 of 1897, may effectively withdraw from the 
 petition at any time prior to the presenta- 
 tion of the petition to the board of super- 
 visors on the date fixed in the publislied 
 notice of presentation, with the result that 
 at the date of such presentation they can 
 no longer be considered as petitioners. — 
 McAulay v. Board of Supervisors of Merced 
 County, 178 Cal. 628, 174 Pac. 30. 
 
 b. Boundaries of District. 
 
 20. Municipality may be included. — A 
 municipality may, under the constitution, 
 be included within the boundaries of an 
 irrigation district, and land therein assessed 
 for district purposes. — La Mesa Homes Co. 
 V. La Mesa, etc., Irr. Dist., 173 Cal. 121, 159 
 Pac. 593. 
 
 21. Same ^ Adoption of constitutional 
 amendment did not Impair liability for 
 bonds of previously organized district. — 
 The functions of a previously existing irri- 
 gation district were not impaired by the 
 amendment of 1911 to section 19, article XI, 
 of the constitution, and the liability of the 
 property owners of a municipality within 
 
 the territory of such district for the bonds 
 of the district was not affected thereby. — • 
 La Mesa Homes Co. v. La Mesa, etc., Irr. 
 Dist., 173 Cal. 121, 125, 159 Pac. 593. 
 
 22. Lands irrigated from "another 
 source." — A landowner who prior to the or- 
 ganization of the district, and afterwards, 
 irrigated his lands exclusively from a pump- 
 ing plan and well located on his own lands, 
 and who has never derived any benefit from 
 the irrigation works of the district, is en- 
 titled to have lands excluded tlierefrom, and 
 the board of directors has no discretion to 
 retain them. — Harelson v. South San Joa- 
 quin Irr. Dist., 20 Cal. App. 324, 128 Pac. 
 1010. 
 
 23. Same — "Another source." — The phrase 
 "another source" in section 78 means, when 
 considered in their natural signification, 
 any source by which the lands are in fact 
 being irrigated, and the legislature had In 
 mind the landowner who had succeeded in 
 providing means to irrigate his land, al- 
 though limited to his own needs. — Harelson 
 V. South San Joaquin Irr. Dist., 20 Cal. App. 
 324, 128 Pac. 1010. 
 
 24. Same — Participation of ovyner in for- 
 mation of district. — Participation by a land- 
 owner in tile election establishing the dis- 
 trict does not estop him from thereafter 
 filing a petition for the exclusion of his 
 lands. — Harelson v. South San Joaquin Irr. 
 Dist., 20 Cal. App. 324, 128 Pac. 1010. 
 
 25. Same — Remedy for refusal to ex- 
 clude. — Mandate is the remedy for the re- 
 fusal of the board of directors to exclude 
 lands of a petitioner irrigated by means of 
 a private pumping plant. — Harelson v. 
 South San Joaquin Irr. Dist., 20 Cal. App. 
 324, 128 Pac. 1010. 
 
 c. Assessments. 
 
 26. Jurisdiction to levy assessment- 
 Steps necessary to acquire. — Jurisdiction to 
 levy an assessment under the irrigation dis- 
 trict act of March 31, 1897, known as the 
 Bridgeford act must be acquired and exer- 
 cised in the manner laid down in the stat- 
 ute, but the legislature declare, as to steps 
 not constitutionally necessary, that objec- 
 tions to steps taken must be made in a cer- 
 tain time and in a certain way, in order to 
 affect the validity of the proceedings — Im- 
 perial Land Co. v. Imperial Irr. Dist., 173 
 Cal. 660, 664, 161 Pac. 113. 
 
 27. Entry of order calling meeting to 
 levy assessment not required. — The Bridge- 
 ford act does not require that the order 
 calling a meeting to levy an assessment 
 shall be entered in the record five days 
 before the meeting. — Imperial Land Co. v. 
 Imperial Irr. Co., 173 Cal. 660, 665, 161 Pac. 
 113. 
 
 28. Same. — A sufficient compliance with 
 the requirement of section 14 of the Bridge- 
 ford act as to entry of record of order call- 
 ing meeting to levy assessment, is a recital 
 of the fact in the minutes of the meeting. — 
 Imperial Land Co. v. Imperial Irr. Dist., 173 
 Cal. 660, 664, 161 Pac. 113. 
 
 29. Same — Failure to call meeting, mere 
 irregularity. — The failure to enter the call
 
 Aft 2266 
 
 GENKRAl. LAWS. 
 
 1278 
 
 for a meeting to levy an assessment In full 
 in the minutes, is at most an irregularity, 
 which is cured by failure of an objecting 
 landowner to bring an action attacking the 
 validity of the assessment within 30 days 
 after the levy. — Imperial Land Co. v. Im- 
 perial Irr. Dist., 173 Cal. 660, 665, 161 Pac. 
 113. 
 
 30. Xotlce of levy not required. — Since 
 the act provides for notice to the property 
 owner of all the preliminary acts leading 
 up to the assessment, giving him an oppor- 
 tunity to object to any of them, the act is 
 not invalid because it does not provide for 
 notice of levy of assessment, which is the 
 final outcome of all the rest, since he might 
 know it by the exercise of reasonable dili- 
 gence, and since he has nothing to say with 
 reference to it. — Lahman v. Hatch, 124 Cal. 
 1. 56 Pac. 621. 
 
 31. Publication ot notice — Particular 
 newspaper not shovin. — Where the record 
 does not show in what particular news- 
 paper the notice of delinquency was pub- 
 lished, testimony that a certain newspaper 
 had been examined and that it had been 
 found that the notice had been published 
 'n one issue only, can not overcome the 
 prima facie showing through proof of the 
 deed that the notice was published as re- 
 quired. — Corson v. Crocker, 31 Cal. App. 
 626, 161 Pac. 287. 
 
 32. Levy by resolution, not necessary. — 
 
 It is not necessary under the act of 1897 
 to levy an assessment for district purposes 
 by resolution. — Corson v. Crocker, 31 Cal. 
 App. 621, 161 Pac. 287. 
 
 33. Levy by motion, tiuflicient. — Levy of 
 assessment by motion instead of by resolu- 
 tion is a mere irregularity, of which advan- 
 tage must be taken, by action within 30 
 days after levy. — Imperial Land Co. v. Im- 
 perial Irr. Dist., 173 Cal. 660, 666, 161 Pac. 
 113. 
 
 34. Resolution, sufficient. — -A resolution 
 of the board of directors of an irrigation 
 company "that it is necessary for the law- 
 ful purposes of said district for its fiscal 
 year 1913-14, that the sum of $28,935 be 
 raised by special assessment for the general 
 fund," is all that is required in the way of 
 an estimate. — Imperial Land Co. v. Impe- 
 rial Irr. Dist., 173 Cal. 668, 161 Pac. 116. 
 
 35. Estimate and detoriiiinaiion of 
 amount. — When may Invalidate assessment. 
 — The failure of the directors to have an 
 estimate and determination of the ainount 
 of money necessary to be raised before 
 levying an assessment is a mere irregu- 
 larity which is not available to invalidate 
 the assessment unless the action is brought 
 within the 30 days prescribed in section 69 
 of the act (Bridgeford act). — Imperial Land 
 Co. v. Imperial Irr. Dist., 173 Cal. 660, 665, 
 161 Pac. 113. 
 
 36. Description of land — Dcfiniteness re- 
 4>uired. — Where the description of the land 
 is not misleading and not calculated to mis- 
 load the owner, and is sufficient to enable 
 
 him to identify It as his land. It Is sufilcient. 
 — Corson v. Crocker, 31 Cal. App. 626, 161 
 Pac. 287. 
 
 37. Same — Sufllcient. — "Modesto B'lk 123, 
 lots 1 to 5 inclusive" in the assessment book 
 under the heading "Description of property" 
 is a suflScient description. — Corson v. 
 Crocker, 31 Cal. App. 626, 161 Pac. 287. 
 
 38. ' IniprovcmcutM need not be described. 
 — Tlie assessment need not describe the im- 
 provements, and it is sufllcient if the land 
 on which tlie improvements are located is 
 described. — Lahman v. Hatch, 124 Cal. 1, 
 56 Pac. 621. 
 
 3!). Kxtension on roll of total valuation. 
 — The Bridgeford act does not require that 
 the total valuation, as finally equalized by 
 the board, should appear, extended and 
 added within ten days after the close of the 
 session of the board of equalization. — Im- 
 perial Land Co. v. Imperial Irr. Dist., 173 
 Cal. 668, 161 Pac. 116. 
 
 40. I'se of dollar mark at head of column 
 sufficient. — The dollar mark appearing at 
 the liead of the column showing the value 
 of all property assessed was applicable to 
 all the figures appearing in that column, 
 and it was not necessary to repeat the sym- 
 bol before each valuation. — Imperial Land 
 Co. V. Imperial Irr. Dist., 173 Cal. 668, 161 
 Pac. 116. 
 
 41. Amendment by assessor to shovr de- 
 scription of improvements. — The amendment 
 by the assessor of the assessment book, 
 while in the hands of the board of equaliza- 
 tion, the assessor taking the book away 
 from Saturday afternoon to Monday morn- 
 ing for that purpose, by inserting a de- 
 scription of improvements on the land, is 
 immaterial, does not affect the substantial 
 rights of the persons assessed, and does not 
 vitiate the assessment. — Lahman v. Hatch, 
 124 Cal. 1, 56 Pac. 621. 
 
 42. One levy sufficient to pay amounts 
 due for previous years. — Where more than 
 one installment of principal and interest 
 have fallen due in previous successive years, 
 one levy may be made to pay all. — Nevada, 
 etc.. Bank v. Supervisors of Kern Co., 5 Cal. 
 App. 638, 91 Pac. 122. 
 
 43. Petition to submit question of levy to 
 elector.s — Effect of failure to act upon peti- 
 tion. — When a petition signed by fifteen 
 per cent of the qualified voters of an irri- 
 gation district asking tliat a proposed levy 
 of assessment should be voted on at an 
 election for tliat purpose, tlie levy is stayed 
 until the election is called and the requisite 
 number of votes cast for it; but there is 
 nothing in the act requiring the board of 
 directors to call the election and no elec- 
 tion is called in response to a sufTicient 
 petition, it is in substance an abandonment 
 of the proceeding. — Imperial Land Co. v. 
 Imperial Irr. Dist., 26 Cal. App. 529, 147 Pac. 
 593. 
 
 44. Refusal of board to levy assessment 
 .^Remedy. — Upon the refusal of the board 
 of directors of an irrigation district to levy 
 an assessment to pay the interest on the 
 bonded indebtedness, and the board of 
 
 I
 
 1279 
 
 IRRIGATION AND IRRIGATION DISTRICTS. 
 
 Act 2266 
 
 supervisors, after a petition therefor, have 
 refused to levy such assessment, the su- 
 perior court of the county in which the dis- 
 trict is situated has jurisdiction to compel 
 the levy of such assessment, in the absence 
 of a showing that the office of the board of 
 directors is not within such county.— Ne- 
 vada, etc., Bank. v. Supervisors of Kern 
 Co., 5 Cal. App. 638, 91 Pac. 122. 
 
 45. Assessment roll need not be certified. 
 — The assessment roll need not be certified 
 by any person or officer of the district. — 
 Corson v. Crocker, 31 Cal. App. 626, 161 
 Pac. 287. 
 
 d. Sale of Lands to Pay Delinquent 
 Assessments. 
 
 46. Certificate of sale, sufliciency of. — A 
 certificate of sale dated March 3, 1906, in- 
 stead of February 20, 1906, the day of sale, 
 is not void for that reason where it is 
 stated therein that the property may be re- 
 deemed within twelve months from the 
 former date. — Bruschi v. Cooper, 30 Cal. 
 App. 682, 159 Pac. 728, 734. 
 
 47. Same. — The dating of the certificate 
 of sale on the day of the sale is immaterial, 
 where it recites the date of sale, and that 
 the property may be redeemed, as provided, 
 within one year from that date, and recit- 
 ing the last day of redemption. — Corson v. 
 Crocker. 31 Cal. App. 626, 161 Pac. 287. 
 
 48. Same — Tax deed — Misnomer. — A cer- 
 tificate of sale and a tax deed are both in- 
 valid where the name of the person assessed 
 appeared in the assessment book as "D. 
 Bruschie," and in the certificate of sale as 
 "D. Bruscia." — Bruschi v. Cooper, 30 Cal. 
 App. 682, 159 Pac. 728, 734. 
 
 III. ACTIONS. 
 
 49. Action to void assessment for vrant 
 of jurisdiction. — Irregnlarity. — If the com- 
 plaint in an action to restrain a sale of 
 lands in an irrigation district does not show 
 that plaintiff's assessment was altered, or 
 lliat the general assessed value of lands in 
 the district was lowered by the board of 
 equalization, to plaintiff's injury, and does 
 not show error in the original assessment 
 which remained binding, upon tlie theory 
 that the action of the board was void for 
 want of jurisdiction, it is immaterial 
 whether the board did or did not have juris- 
 diction. — Lahman v. Hatch, 124 Cal. 1, 56 
 Pac. 621. 
 
 50. Action for injunction aj^ainst sale of 
 land to pay void assessment. — A property 
 owner to have an injunction against the 
 sale of his land for nonpayment of an as- 
 sessment under the Bridgeford act, on the 
 ground of irregularities in the proceedings 
 after the levy, looking to its collection, 
 without first paying or offering to pay tlie 
 amount justly due. — Imperial Land Co. v. 
 Imperial Irr. Dist., 173 Cal. 660, 667, 161 
 Pac. 113. 
 
 51. Action to void assessment for mere 
 irregularities. — A landowner in an irriga- 
 tion district organized under the Bridge- 
 ford act (March 31, 1897), may not attack 
 the validity of an assessment for mere ir- 
 
 regularities which do not infringe his con- 
 stitutional rights, nor for failure to com- 
 ply with statutory requirements which the 
 legislature might have dispensed with, un- 
 less by an action commenced within 30 days 
 after the levy thereof, as required by sec- 
 tions 68 to 72 of the act. — Imperial Land 
 Co. V. Imperial Irr. Dist., 173 Cal. 660, 662, 
 161 Pac. 113. 
 
 52. Action to review proceedings^Fail- 
 nre to make necessary allegations. — On a 
 review of the proceedings to form an irri- 
 gation district, where the complaint does 
 not aver that any of the signatures to the 
 petition were false or forged, or that the 
 persons making them were unauthorized 
 to sign, where made by an agent, the mere 
 fact that the evidence upon which the board 
 found their authenticity is not incorporated 
 in the record in detail, is insufficient ground 
 upon which to declare the proceedings in- 
 valid. — Imperial Water Co. v. Board of 
 Supervisors, 162 Cal. 15, 24, 120 Pac. 780. 
 
 53. Action under sections 68 and 72 — 
 Purpose. — The action brouglit under sec- 
 tions 68 to 72, by the board of supervisors 
 or property owner is solely for the pur- 
 pose of inquiry into the validity of the 
 bonds, and is not an inquiry into the pro- 
 ceedings for the organization of the district. 
 — Imperial Water Co. v. Board of Super- 
 visors, 162 Cal. 15, 19, 120 Pac. 780. 
 
 54. Same — Does not provide plain, 
 speedy or adequate remedy. — The action 
 provided for under sections 68 to 72 does 
 not provide a plain, speedy or adequate 
 remedy to determine the validity of the or- 
 ganization of a district, and no such remedy 
 remains except certiorari. — Imperial Water 
 Co. V. Board of Supervisors, 162 Cal. 15. 20, 
 120 Pac. 780. 
 
 IV. POWERS, DUTIES AND OBLIGA- 
 TIONS OF DISTRICT AND ITS 
 OFFICERS. 
 
 55. Creation of district a legislative act. 
 
 — The creation of an irrigation district un- 
 der the act of March 31, 1897 (254), is a 
 legislative act. — Imperial Water Co. v. 
 Board of Supervisors, 162 Cal. 15, 17, 120 
 Pac. 780. 
 
 56. Ascertainment of certain facts, after 
 notice and hearing judicial in character. — 
 Where the legislature delegates the power 
 to form irrigation districts to a local board, 
 and provides that it can be exercised only 
 upon certain conditions and upon the ascer- 
 tainment of certain facts by such board, 
 after a notice and hearing to parties inter- 
 ested, the proceeding thus authorized is 
 judicial in character. — Imperial Water Co. 
 v. Board of Supervisors, 162 Cal. 15, 17, 120 
 Pac. 780. 
 
 57. District can not grant preferential 
 rights. — An irrigation district can not grant 
 preferential rights to the use of any part of 
 its water. — Byington v. Sacramento, etc., 
 Co., 170 Cal. 124, 133, 148 Pac. 791. 
 
 .58. I-ease by district of all its properties. 
 — Statute of 1901. — A lease by an irrigation 
 district of all its properties, made under
 
 Act 2200a, §g 1-3 GENERAL LAWS. 1280 
 
 the authority of the act of 1901, would have original dedication, and the water rights 
 
 read into it the provisions of the statute, acquired under the lease are deemed a part 
 
 and thus the lessee would be compelled to of the original system, and the lands within 
 
 assume the burden of continuing the sup- the boundaries of such district must, on 
 
 ply. — Byington v. Sacramento, etc., Co., 170 demand, be served with water for irrigation, 
 
 Cal. 124, 131, 148 Pac. 791. before any of the appropriated water is 
 
 59. Same — Same — Kstoppcl of lesMee. — taken to outside lands. — Byington v. Sacra- 
 The assignee of the lease is estopped from mento, etc., Co.. 170 Cal. 124, 128, 148 Pac. 
 denying the validity of the title under 791. 
 
 which It took possession of the demised 61. Contract — Failure of officers to corn- 
 premises. — Byington v. Sacramento, etc., ply with statutory requirements. — No lia- 
 Co., 170 Cal. 124, 130, 148 Pac. 791. bility is imposed upon an Irrigation district 
 
 60. IlleK'nIly organized district continues by a contract entered into by its officers 
 to be de facto district for certain purposes. without complying with all the essential 
 — An irrigation district, after having been proceedings required by the act, and a bid- 
 judicially declared to be illegally organized, der for proposed work is not estopped by 
 is still a de facto district for the purpose failure to comply with his bid, from claim- 
 of winding up its affairs, and it has suffi- ing the return of his check deposited with 
 cient vitality to make a lease under author- the bid, or from enjoining its payment, 
 ity of the act of 1901 (815) of all its prop- where the board of directors failed to com- 
 erties, water rights and uncompleted works; ply with essential requirements in calling 
 and the acts of an assignee of such lease for bids. — Healey v. Anglo-California Bank, 
 are deemed to be a continuation of the 5 Cal. App. 278, 90 Pac. 54. 
 
 IRRIGATION DISTRICTS OF OVER 500,000 ACRES. 
 
 ACT 2266a — An act to provide for the government of irrigation districts having an 
 
 area of more than 500,000 acres and to enable such irrigation districts to construct 
 
 levees and to protect the lands within such districts from damage resulting from 
 
 floods and the overflow of rivers and for that purpose to provide additional powers for 
 
 hoards of directors within such irrigation districts. 
 
 History: Approved January 21, 1915. In effect immediately. Stats. 
 1915, p. 1. 
 
 Power of hoard of directors. 
 
 § 1. The board of directors of irrigation districts having an area of more than 500,- 
 000 acres may expend such sums as may to them seem necessary for the protection of 
 the canal system of such district or of lands within such districts from damage by 
 flood and from the overflow of rivers and may contribute funds for that purpose to be 
 expended by or jointly with the government of the United States of America, or other 
 governments or persons benefited by the same protective work or works. The board of 
 directors of any such irrigation district may also do all things necessary to insure such 
 irrigation system and the lands within such district from any such damage by flood or 
 overflow without first receiving a petition of land owners or freeholders for holding an 
 election to authorize such expenditure. 
 
 Borrowing money. 
 
 § 2. When the issuance of bonds of any such district has been authorized by vote 
 of the electors of such district, for the purpose of protection against floods but have 
 not been sold, the board of directors thereof may borrow for such purpose, at the rate 
 of interest not exceeding seven per cent per annum, the amount of such authorized 
 bond issue, but when such bonds have been sold, the amount borrowed under the pro- 
 visions of this section must be repaid. 
 
 Borrowing for flood protection. 
 
 $ 3. In addition to the powers conferred by the last section, the board of directors 
 of any such district shall have power to borrow for flood protection purposes, in any 
 one year not to exceed two hundred thousand dollars at a rate of interest not greater 
 than seven per cent per annum. 
 
 i
 
 1281 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266ii, §§ 4-6 
 
 Assessments. 
 
 $ 4, The board of directors of any such irrigation district shall within fifteen days 
 after the close of its session as a board of equalization, levy an assessment sufficient to 
 raise the annual interest on any outstanding bonds of such district and for any year 
 in which any bonds shall fall due, must increase such assessment to an amount suffi- 
 cient to raise a sum sufficient to pay the principal of the outstanding bonds as they 
 mature, also, sufficient to pay in full all sums due or that shall become due from the 
 district before the time for levying the next annual assessment, also, sufficient to pay in 
 full, the amount of any other contract or obligation of the district due or to become due 
 within the succeeding twelve months and such further sum as, with the other revenue 
 of the district, will meet the estimated current expenses of the district including cost 
 of flood prevention for the succeeding twelve months. 
 
 How governed. 
 
 § 5. Except as herein provided, every such irrigation district shall be governed by 
 the provisions of an act of the legislature of the state of California, entitled, "An act 
 to provide for the organization and government of irrigation districts and to provide 
 for the acquisition or construction thereby of works for the irrigation of lands embraced 
 within such districts, and also to provide for the distribution of water for irrigation 
 purposes," approved March 31, 1897, and the acts amendatory thereof. 
 
 Urgency. 
 
 § 6. This act is hereby declared to be an urgency measure, within the meaning of 
 section 1, article IV of the constitution of the state of California, and shall take effect 
 immediately. 
 
 The facts constituting such urgency are as follows: One irrigation district which 
 will be affected and governed by the provisions of this act, and which contains a popu- 
 lation of over thirty thousand people, is in serious danger of loss of life, and of a vast 
 amount of property, by reason of threatened overflow of the Colorado river. There is 
 no other public body authorized to make the expenditures necessary to secure protec- 
 tion from such threatened overflow and the protective work necessary in order to be 
 effective, must be commenced before this act would take effect without the enactment 
 of this section. It is therefore necessary for the immediate preservation of public 
 safety, that this act take effect immediately. 
 
 Gen. Laws — SI
 
 Act 2266b, 81 GENERAL LAWS. 1282 
 
 "THE CALIFORNIA lERIGATIOX ACT." 
 ACT 2266b — An act to be known as "the California irrigation act" providing for 
 co-operation between the state of California and the United States, and independent 
 proceedings, in the storage and diversion of water, the distribution thereof for irri- 
 gation and other beneficial uses and purposes, the generation and manufacture of 
 electric power; creating an irrigation board, and providing for the formation of irri- 
 gation districts and conservation districts, and the conversion of irrigation districts, 
 reclamation districts, drainage districts and other political subdivisions of the state 
 organized for the purpose of promoting irrigation, reclamation and drainage, into 
 irrigation districts under this act; and empowering said irrigation board to make and 
 approve contracts and agreements, to construct reservoirs and other works, divert, 
 distribute and sell water and lease and sell water rights, and generate, lease and sell 
 electric power, to apportion to the constituent units of conservation districts the 
 water and electric power to be produced and generated by conservation district 
 works, to levy assessments, and issue bonds of irrigation districts and conservation 
 districts; providing for the management, control and supervision of such irriga- 
 tion districts and conservation districts and of the works constructed pursuant to 
 this act; directing the state department of engineering relative to such works; and 
 generally providing a policy relating to the storage, diversion and use of water and 
 the manufacture or generation of electric power, and adopting a plan for providing 
 revenues therefor; and repealing the California irrigation act approved June 4, 1915, 
 and chapter 646 of the statutes of 1917, approved May 28, 1917, amendatory thereof. 
 
 History: Approved May 16, 1919. In effect July 22, 1919. Stats, 
 1919, p. 671. Prior act of June 4, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1173. Amended May 28, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 1068, repealed by the present act. The amending act 
 of 1917 amended the title of the act of 1915, and all sections of the 
 act except 15a, as to which no mention was made. 
 
 lEEIGATION BOAED. 
 Irrigation board created. Office. Officers. Compensation. Amounts paid by conserva- 
 tion districts. 
 
 $1. There is created a board to be known as the "irrigation board," which shall 
 consist of three members, and shall constitute a body corporate and politic for the 
 purpose of exercising the powers and performing the acts herein mentioned, and which 
 shall have the power to sue and to be sued. Within thirty days of the date upon which 
 this act takes effect the governor shall appoint the members of said board and the mem- 
 bers so appointed shall serv^e for four years and until their successors have been 
 appointed; provided, that the members of said board heretofore appointed under the 
 California irrigation act approved June 4, 1915, shall serve out the terms for which 
 they were appointed. Their successors shall be appointed, and all vacancies shall be 
 filled by appointment in like manner. The office of the irrigation board shall be at the 
 city of Sacramento; a branch office may be maintained in the city and county of San 
 Francisco. 
 
 The irrigation board shall elect one of its members as president, and shall employ a 
 secretary and such attorneys, engineers, superintendents, inspectors and other assist- 
 ants as it may require, and shall fix the terms of their employment and compensation. 
 Each member of the irrigation board shall receive as compensation the sum of ten dol- 
 lars per day for each day employed by such member in the performance of duties under 
 this act, and shall receive actual traveling expenses while engaged in such duties. All 
 such salaries, compensation and expenses shall be payable out of any funds under the 
 control of the irrigation board applicable to such paj'ments. Where a conserva- 
 tion district has been formed, as hereinafter provided, the irrigation board shall 
 apportion and certify to each district therein or component unit thereof, and
 
 I 
 
 1283 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266b, §g 2-4 
 
 to each private corporation, mutual ditch company and mutual water company 
 admitted to the benefits of such conservation district, an amount for its share of the 
 general cost and expense of the maintenance and operation of the irrigation board in 
 connection with such district, or component unit, or private corporation or mutual 
 ditch company, or mutual water company, for the ensuing or previous year, and also 
 such additional amounts as are necessary for the purpose of defraying the cost of all 
 administrative, engineering and other legal expenses necessary for laying out the plans 
 therefor, and such amounts shall be paid by each of such districts, or component units, 
 to the state treasurer, and shall be deposited in a fund to be held and paid out for the 
 account of said conservation district in the same manner as hereinafter provided for the 
 funds of said consei'vation district. 
 
 Interest of state in water storage paramount. 
 
 $ 2. It is hereby declared that the state of California has a paramount interest in 
 the storage and diversion of water, the irrigation of land and the production of electric 
 power; that such storage, irrigation and production of electric power will make pro- 
 ductive vast quantities of land that are comparatively unproductive and will 
 increase production, property valuations and population in the state, make profit- 
 able the cultivation of small tracts and promote subdivision of larger tracts, and 
 will promote the M'elfare and prosperity of all the people. The powers herein con- 
 ferred upon the irrigation board are hereby declared to be police and regulatory powers 
 and are necessary to the accomplishment of a purpose that is indispensable to the pub- 
 lic interests. 
 
 Powers of irrigation board. 
 
 § 3. The irrigation board shall have power to make, or cause to be made, examina- 
 tions and surveys, to make or adopt plans, and estimate, or cause to be estimated, the 
 cost of all projects for the storage or diversion of water within the state of California, 
 the distribution of said water, and the generation of electric power in connection with 
 such storage, and the sale and distribution of such power, and to make and enter into 
 contracts for the construction and maintenance of works for such projects and the 
 supervision and administration thereof. The irrigation board shall also have power to 
 confer and make agreements with any authorized department, board or oflicer of the 
 United States government, or with any irrigation district, reclamation district, or 
 drainage district, or other political subdivision of the state organized to promote irri- 
 gation, reclamation or drainage, or with any water, power, irrigation or other company, 
 or corporation, or association, or person, or persons, with reference to such projects 
 and concerning examinatioijs, surveys, works and plans in connection therewith. Any 
 plan finally approved by the irrigation board (and when in any case the approval of 
 any authorized department, board or officer of the United States government is neces- 
 sary, it is also approved by such authorized department, board or officer) shall be the 
 official plan approved by the state of California and authorized by it for the project 
 involved therein, but such plan raaj' be modified or changed from time to time thereafter 
 in like manner as originally adopted or approved. 
 
 State engineering department to make surveys. 
 
 $ 4. The state department of engineering, or such engineer or engineers as may be 
 appointed by the irrigation board, shall make such surveys, examinations, reports, 
 plans and estimates as may be required by the board, either with or without the 
 co-operation of the United States or any department thereof, whenever said board has 
 under its control money available with which to pay the expenses in connection there- 
 with. All such work and all supervision of construction shall be performed under such 
 contracts and regulations as may be made or approved by the irrigation board or agreed 
 upon between said board and the United States.
 
 Act 2266b, §S GBNERAL LAWS. 1284 
 
 FORMATION OF DISTRICT. 
 Petition to organize irrigation district. 
 
 $ 5. Whenever the holders of title, or evidence of title, or of possessory rights 
 to lands entered under the laws of the United States, or of the state of Califor- 
 nia, representing one-half or more of any body of land susceptible of irrigation (ex- 
 cepting lands embraced within the limits of incorporated cities or towns) desire to 
 form an irrigation district under the provisions of this act, for the irrigation of 
 said land, they may present to the in-igation board a petition signed by them, 
 or their authorized agents, which petition shall set forth generally the boundaries of 
 the proposed district, a description of the lands by legal subdivisions or other bound- 
 aries, the county in which they are situated, the number of acres in the proposed 
 district, and in each tract with the names (if known) of the owners thereof, and desig- 
 nating as unsold any lands not reduced to private ownership; and also shall state gen- 
 erally the source or sources from which said lands are proposed to be irrigated, and 
 the proposed name of the district, and shall pray that the territory within the bound- 
 aries of the proposed district may be organized as an irrigation district under the 
 provisions of this act. The petition may consist of any number of separate instruments; 
 and guardians, executors, administrators or other persons holding property in a trust 
 capacity under appointment of court may sign any petition provided for in this act, 
 when authorized by an order of court, which order may be made without notice. A 
 certificate of aeknowledgment taken before a notary public or justice of the peace of 
 any state, or an affidavit by any person in the presence of whom such petition was 
 signed, shall be sufficient evidence of the genuineness of such signature, and of the fact 
 of residence of any petitioner and any fact going to the qualifications of any petitioner 
 under this act. 
 
 Defects in petition. 
 
 No defect in the contents of the petition or in the title to or form of the notice or 
 signatures, or the lack of signatures shall vitiate any proceedings thereon; provided, 
 such petition or petitions have a sufficient number of qualified signatures attached 
 thereto. 
 
 Evidence of title. 
 
 The certificate of the county assessor of the county wherein the lands described in 
 the petition are situated that the titles and possessory rights of the respective signers 
 thereto are as appear on the county assessment roll or rolls last equalized at the time 
 of filing the petition, or of the register of the United States land office of the district 
 in which said lands are situated, or of the surveyor general of the state of California, 
 shall be sufficient evidence of the title or possessory right of any signer hereto, and 
 where as to any tract the assessor is unable to make such certificate for the reason that 
 it is assessed to an unknown owner or the assessment roll does not purport to give the 
 true name or gives the names of a portion only of the owners, the actual owners of 
 such property shall be considered the owners for all the purposes of this act and own- 
 ers of undivided interests may sign for such interest. 
 
 Hearing. Notice of hearing. 
 
 The petition must be verified by the affidavit of one of the petitioners, and shall be 
 filed with the irrigation board. Upon the receipt of such petition the irrigation board, 
 or such person as said board may authorize to act in such cases, shall designate a time 
 and place for the hearing of said petition, which date shall be not less than twenty 
 days nor more than thirty days from the date of the filing of the petition with the 
 board. The secretary of the irrigation board shall cause notice of said hearing to be 
 published at least once a week for two successive weeks, prior to the time of said 
 
 i
 
 12SS IRRIGATION AND IRRIGATION DISTRICTS. Act 2266b 
 
 hearing, in a newspaper of general circulation printed and published in each of the 
 counties in which anj' of the lands intended to be embraced within such proposed irri- 
 gation district are situated. Such notice shall designate the time and place when and 
 where said petition will be heard, and shall set forth the exterior boundaries of said 
 proposed district. 
 
 Objections to creation of district. Order creating district. Copy of order with map 
 
 to be filed. Approval of state engineer. 
 
 At the time and place designated in said notice any person owning land within the 
 said proposed irrigation district, may appear and present written objections to the 
 creation of such district. The irrigation board shall hear and receive such evidence as 
 maj^ be offered in support of the petition and in support of said written objections. 
 The irrigation board may continue said hearing from time to time, by order entered 
 upon its minutes, to the end that a full hearing may be had. Upon the final hearing 
 of said matter, the irrigation board shall make an order approving said petition as 
 originally presented, or as modified by such order, excluding from the district such 
 lands as in the judgment of the irrigation board should be excluded, and upon the filing 
 of such order with the irrigation board such irrigation district shall be deemed to be 
 created. Upon application by any person whose lands are susceptible of irrigation 
 from any of the proposed sources, the irrigation board, in its discretion, may order such 
 lands included within said proposed district. The order shall describe the exterior 
 boundaries of the district, as determined by the irrigation board, and also the exterior 
 boundaries of any lands excluded therefrom, and shall be indorsed upon or attached to 
 the petition, and be signed by the president and attested by the secretary of the irri- 
 gation board. A copy of the order creating such irrigation district, certified by such 
 secretary, shall be filed in the ofiice of the secretary of state, and a similarly certified 
 copy of such order, together with a map showing the exterior boundaries of the dis- 
 trict, and indicating the lands excluded therefrom, shall be filed in the office of the 
 county recorder of each of the counties in which anj'^ of the lands within the said district 
 are situated, and a properly certified copy of such order, together with the maps 
 attached thereto, shall be received in all of the courts of this state as prima facie 
 evidence of the organization of such district and of the boundaries thereof. Before the 
 irrigation board makes such order, it may require that the project and proposed works 
 be approved by the state engineer, or by such engineer or engineers as shall be desig- 
 nated by the irrigation board. 
 
 Board of directors. Proceeding to determine legality of district. 
 
 Each irrigation district created under the provisions of this act shall have a board of 
 directors composed of owners of land within the district, elected by the owners of land 
 in such district in the manner provided for the election of trustees of reclamation dis- 
 tricts in section three thousand four hundred ninety-one of the Political Code of the 
 state of California, except that such elections shall be called by and returns thereof 
 made to the board of supervisors of the county in which the greater portion of the lands 
 of the district are situated. Each such district shall have a board consisting of five 
 directors; provided, that if so requested in the petition for the formation of said dis- 
 trict, the irrigation board may order that there shall be only three directors. After the 
 approval of the petition and the election of directors for the district, the directors shall 
 adopt rules, not inconsistent with the laws of the state, for tlie government and control 
 of the affairs of the district, which rules may be amended at any time by said board of 
 directors. 
 
 The board of directors of any irrigation district created under this act may com- 
 mence a proceeding in the superior court of any county, wherein a portion of the dis- 
 trict is situated, to determine the legality of the existence of said district. The com-
 
 Act 2266b, g§ 6, 6a GENERAL. LAWS. 1286 
 
 plaint in said proceeding shall describe the district by name and the exterior boundaries 
 thereof, and shall contain a prayer that such district be adjudged a legal in-igation dis- 
 trict. The summons in such proceeding shall be served by publishing a copy thereof 
 once a week for four successive weeks in a newspaper of general circulation published 
 in eaeli county where any part of such district is situated. Within thirty days after 
 the last publication of said summons, any person who may be interested may appear 
 and answer said complaint, in which answer the facts relied upon to show the invalidity 
 of the district shall be set forth. If no answer shall be filed, the court must render 
 judgment as prayed for in the complaint. If any answer shall be filed within said 
 period, the court shall thereafter proceed as in other civil cases, but no district shall 
 be adjudged invalid when it appears that such district has, for five years prior to the 
 commencement of such proceeding, been performing its functions as an irrigation dis- 
 trict under this act in good faith. The proceeding under this section is hereby declared 
 to be a proceeding in rem, and the judgment rendered therein shall be conclusive 
 against all persons whomsoever and against the state of California. 
 
 Converting districts into irrigation districts. Hearing. Order of irrigation boaxd. 
 
 $ 6. Any irrigation district formed under the provisions of any other law or statute 
 of this state, and any reclamation district or drainage district (excluding from any 
 such district the area embraced within the limits of any incorporated city or town) 
 susceptible of in'igation from any project adopted or approved by the irrigation board, 
 may become an irrigation district under the provisions of this act upon presenting to 
 the irrigation board a consent thereto signed bj' the holders of title, or evidence of 
 title, of more than half of the lands embraced in said district (excepting lands within 
 incorporated cities or towns). Upon the filing of such consent, the irrigation boaxd 
 shall fix a date for a hearing of the matter involved in such consent. The secretary of 
 the irrigation board shall publish a notice of such hearing once a week for four suc- 
 cessive weeks preceding the date fixed therefor in a newspaper of general circulation 
 published in each of the counties in which any portion of said district is situated. At 
 the time and place designated in said notice the irrigation board shall hear and receive 
 such evidence as may be offered in support of the proposal to convert such district into 
 an irrigation district under the provisions of this act and in support of any written 
 objection thereto filed with the irrigation board. The irrigation board may continue 
 said hearing from time to time, by order entered upon its minutes, to the end that a 
 full hearing may be had. Upon the final hearing of said matter, the irrigation board 
 shall make its order, providing that said district (excluding therefrom the territory 
 embraced in incorporated cities or towns) shall thereafter be an irrigation district 
 subject to all of the provisions of this act, or, in its discretion, said irrigation board 
 may decline to make such order. If the irrigation board shall make an order convert- 
 ing such district into an irrigation district, all of the lands therein (except lands lying 
 within the boundaries of incorporated cities or towns), shall become, and shall there- 
 after be, subject to all of the provisions of this act. 
 
 BOARD OF DIEECTORS. 
 Powers of board of directors. Action nullified by irrigation board. Compensation. 
 
 § 6a. The board of directors of an irrigation district created under this act shall 
 have power to elect one of its members president thereof; and, subject to the approval 
 of the irrigation board, to employ engineers and others to survey, plan, locate and esti- 
 mate the cost of the works necessary for the improvement of the lands of the district 
 by irrigation, reclamation and drainage and thereafter subject to the approval of the 
 irrigation board, to modify or change such original plan or plans, or adopt new supple- 
 mental or additional plan or plans; to acquire by purchase, condemnation or other legal 
 means, necessary property and rights of way, and the right to take material for the con-
 
 k 
 
 12S7 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266b. g 6b 
 
 struction of all necessary works, including dams, canals, drains, sluices, bulkheads, water 
 gates, embankments, levees and pumping plants, and to construct, maintain and keep in 
 repair all works requisite and necessary to that end, and to do all other acts and things 
 necessary or required for the irrigation, reclamation and drainage of the lands embraced 
 in the district, and to carry out the purposes of this act. All of the acts and proceed- 
 ings of such board of directors, however, shall be recorded in the minutes of said board, 
 and copies thereof, certified by the secretary of said board as recorded, shall, within 
 ten days after the passage or adoption of the same, be filed with the secretary of the 
 irrigation board, and the irrigation board, within twenty days after such filing may, by 
 order filed with its secretary, reject and nullify the action of the board of dii'ectors of 
 such irrigation district, and upon the filing of a certified copy of such order of rejection 
 or nullification with the secretary of such irrigation district, the said order of said 
 irrigation district board shall be invalid and unenforcible for any purpose; but if such 
 action of such irrigation district board shall not be so rejected or nullified within the 
 period above provided, the same shall be and remain in full force and effect. The irri- 
 gation board may confirm and ratify any action of said irrigation district board at any 
 time, and upon such confirmation and ratification such act or order of said irrigation 
 district board shall be valid and effective for all purposes. The several members of 
 the board of directors shall each be entitled to receive for actual and necessary services 
 performed and for expenses incurred by them, respectively, for and in the interest of 
 the district, such compensation as the irrigation board may determine to be just and 
 reasonable, which shall constitute an indebtedness of the district, to be paid in the 
 same manner and out of the same fund as other debts of the district; provided, that 
 no warrant' or order drawn for such purpose shall be valid until approved by the irriga- 
 tion board. 
 
 CONSEEVATION DISTRICTS. 
 Conservation districts. Rights of private corporations, etc., to share benefits. 
 
 $ 6b. The irrigation board shall have power to consolidate into single districts in the 
 manner and for the purposes provided in this act, irrigation districts, reclamation dis- 
 tricts, drainage districts and other political subdivisions of the state organized to pro- 
 mote irrigation, reclamation or drainage, which consolidated districts shall be known, 
 and are herein referred to, as conservation districts; and, the purpose of the formation 
 of such districts being primarilj' to provide for and promote the irrigation of the lands 
 therein and in connection therewith and incidental thereto the reclamation and drainage 
 of such lands, the legislature hereby expressly declares that every such conservation 
 district, formd as herein provided, is and shall be an irrigation district within the 
 meaning of section thirteen of article eleven of the constitution of the state of Cali- 
 fornia, and within the meaning of every other provision of said constitution relating to 
 irrigation districts. Such conservation districts shall be composed of two or more units 
 all or any of which units may be irrigation districts, formed under the provisions of 
 this or any other act or statute of this state, reclamation districts, drainage districts, or 
 other political districts of the state organized to promote irrigation, reclamation or 
 drainage, now or hereafter to be formed. The territory embraced within such units 
 need not be contiguous in order to be embraced within the same conservation district, 
 provided all or a portion of the territory embraced within said respective units is sus- 
 ceptible of irrigation from the works proposed to be constructed by said conservation 
 district. Any private corporation engaged in the distribution of water to the public, 
 for irrigation or other beneficial uses, or in the generation of hydroelectric power for 
 sale to the public, and any mutual ditch company or mutual water company organized 
 for the purpose of distributing water to the members or stockholders thereof, which 
 private corporation, mutual ditch company or mutual water company is receiving or 
 entitled to receive water from the same stream or streams for the storage or diversion
 
 Act ::2«Gb GENEIRAL, LAWS. 12S8 
 
 of whose waters it is proposed to construct the works of said conservation district, shall 
 have the right, upon payment of its proportion of the cost of constructing, operating 
 and maintaining such works, to share in all the benefits resulting from such construc- 
 tion, operation and maintenance, including its proportionate share of the water to be 
 conserved thereby and the power to be generated and produced in connection therewith; 
 provided, that nothing herein contained shall be deemed to confer upon said irrigation 
 board, or upon any conservation district formed under the provisions of this act, the 
 right to impair, or deprive any person, firm or corporation of any vested right in or to 
 the waters of any stream or streams proposed to be stored or diverted by said conserva- 
 tion district, without due process of law. 
 
 Petition. Notice. Hearing. 
 
 Upon presentation to it of a petition signed by the respective governing boards of 
 two or more of said units praying for the formation of a conservation district, the 
 irrigation board shall fiix a time and place for the hearing of such petition. The secre- 
 tary of the irrigation board shall cause notice of said hearing to be given by publication 
 once a week for four successive weeks in a newspaper of general circulation published 
 in each county wherein any part of said petitioning districts are situated, and also by 
 mailing a written notice of such hearing to the governing boards of such other districts 
 or political subdivisions of the state and to such private corporations, mutual ditch com- 
 panies and mutual water companies as may be designated by the irrigation board. At 
 the time fixed by the irrigation board for such hearing, or at such other time to which 
 the hearing may be adjourned, the irrigation board shall hear and receive evidence in 
 support of any objections which may be filed in opposition thereto, and shall also 
 receive applications from other districts to become a part of such conservation district 
 and from private corporations, mutual ditch companies or mutual water companies to 
 participate in the benefits of such consei'vation district. If there shall be presented at 
 such hearing a written objection or objections signed by the owners of more than one- 
 half of the lands in any such unit district the signing of such petition by the govern- 
 ing board of such unit district shall be deemed to be nullified and the irrigation board 
 shall have no power to include such unit district within the proposed conservation 
 district. 
 
 Territory included. Order creating district. Petition of district to be included. 
 
 The irrigation board shall include as a part of such conservation district the terri- 
 tory embraced within any district unit applying to be made part of the conservation 
 district, which applying district shall be lawfullj' receiving or entitled to receive water 
 from the same stream or streams whose waters are proposed to be stored or diverted 
 by such conservation district, and shall admit to beneficial participation in said con- 
 servation district such private corporations, mutual ditch companies or mutual water 
 companies likewise lawfully receiving or entitled to receive water and applying to the 
 irrigation board to be admitted to such participation. The application of any unit dis- 
 trict or private corporation, mutual ditch company or mutual water company, not so 
 lawfully receiving or entitled to receive water, to be included as a part of said con- 
 serv'ation district or to be permitted to share in the benefits thereof, may be approved 
 or rejected by the irrigation board in its discretion. Upon the final hearing of said 
 matter, the irrigation board shall make an order approving said petition, as originally 
 presented, or as modified by such order. Such order shall describe said conservation 
 district by exterior boundaries when the lands therein lie in one body, or by naming the 
 unit districts embraced therein when said lands do not lie in one body, and shall also 
 designate the private corporations, mutual ditch companies or mutual water companies, 
 entitled to participate in the benefits of the works proposed to be constructed by said 
 conservation district. Ui^on the filing of such order with the irrigation board such con- 
 
 I
 
 12S9 » IRRIGATION AND IRRIGATION DISTRICTS. Act 226eb 
 
 servation district shall be deemed to be created. A certified copy of the order creating 
 such conservation district shall be filed in the office of the secretary of state, and a cer- 
 tified copy thereof, together with a map showing the boundaries of the district, shall 
 be filed in the oflBce of the county recorder of each of the counties in which any of the 
 lands within the said district are situated. A properly certified copy of such order, 
 together with the map attached thereto, shall be received in all the courts of this state 
 as prima facie evidence of the organization of such district in compliance with the 
 provisions of this act, and of the boundaries thereof. 
 
 Petition of private corporation, etc. Hearing. 
 
 After the formation of a conservation district as herein provided, any irrigation dis- 
 trict, reclamation district, drainage district, or other political subdivision of the state 
 organized to promote irrigation, reclamation or drainage, theretofore existing and which 
 was entitled to become a part of and unit in such conservation district at the time of 
 its formation, and any such district or political subdivision of the state thereafter 
 formed, any portion of the lands in which are receiving or entitled to receive water 
 from the same stream or streams for the storage or diversion of whose waters said con- 
 servation district was formed, may, at any time prior to the making by the irrigation 
 board of the order approving the apportionment as provided in section ten of this act, 
 but not thereafter, file with the irrigation board a petition to be made a part of and 
 unit in such conservation district. And any private corporation, mutual ditch company 
 or mutual water company existing at the time of the formation of such conservation 
 siistrict, and at that time entitled to be admitted to participation in the benefits result- 
 ing from the construction of the works of such conservation district and any such pri- 
 vate corporation, mutual water company or mutual ditch company thereafter organized 
 and receiving or entitled to receive water from such stream or streams, may, at any 
 time prior to the making by the irrigation board of the order approving the apportion- 
 ment as provided in section ten of this act, but not thereafter, file with the irrigation 
 board a petition to be admitted to such participation. 
 
 Upon the filing of any such petition, within the time hereinbefore limited, the irri- 
 gation board shall fix a time and place for the hearing thereof and give such notice of 
 said hearing and cause such proceedings to be had and taken at such hearing and such 
 order to be made and filed, and certified coi^ies of such order to be filed, as in the case 
 of a hearing upon a petition, for the original formation of a conservation district, and 
 the right of such petitioning district or political subdivision to become a part of and 
 unit in such conservation district or of such private corporation, mutual water com- 
 pany or mutual ditch company to be admitted to participation in the benefits resulting 
 from the construction of the works thereof, shall be determined in the same manner as 
 if such district or political subdivision or private corporation or mutual water company 
 or mutual ditch company had presented its petition or application at the hearing of the 
 petition for the original formation of such conseirvation district. 
 
 Proceeding to determine legality of district. 
 
 The irrigation board, or the governing body of any irrigation district, reclamation 
 district, drainage district, or other political subdivision of the state organized to pro- 
 mote irrigation, reclamation or drainage, constituting a unit of said conservation 
 district, or any private corporation, or mutual water company or mutual ditch company 
 admitted to participation in the benefits of such conservation district, may commence a 
 proceeding in the superior court of any county wherein a portion of said conservation 
 district is situated to determine the legality of the existence of said conservation .dis- 
 trict. The complaint in said proceeding shall describe the district by name, and the 
 exterior boundaries thereof, when the lands therein lie in one body, or by naming the 
 unit districts embraced therein when said lands do not lie in one body, and shall contain
 
 Act 22«^b, §§ 7-10 GISNBRAL LAWS. « 1200 
 
 ft prayet that such district be adjudged a legal conservation district. The summons in 
 such proceed 'ng shall be served by publishing a copy thereof once a week for four suc- 
 cessive weeks in a newspaper of general circulation published in each county wherein 
 any part of such district is situated. Within thirty days after the last publication of 
 said summons any person who may be interested may appear and answer said complaint 
 in which answer the facts relied upon to show the invalidity of the district shall be set 
 forth. If no answer shall be filed the court must render judgment as prayed for in the 
 complaint. Tf any answer shall be filed within said period the court shall thereafter 
 proceed as in other civil cases, but no district shall be adjudged invalid when it appears 
 that such district has, for five years prior to the commencement of such proceeding, 
 been performing its functions as a conservation district in good faith. The proceeding 
 under this section is hereby declared to be a proceeding in rem and the judgment ren- 
 dered therein shall be conclusive against all persons whomsoever and against the state 
 of California. 
 
 When works benefit overflowed land. 
 
 $ 7. When any of the works constructed under the provisions of this act serve the 
 purpose of drainage, flood control or reclamation of swamp and overflowed lands within 
 an irrigation or conservation district formed under the provisions of this act, the irri- 
 gation board may estimate the proportion of the cost of said construction, which may 
 be properly charged to the lands benefited by such drainage, flood control or reclama- 
 tion, and assessments may be levied in the manner herein provided upon the lands so 
 benefited for the purpose of paying such proportion of said cost of construction, to^ 
 getlier with a reasonable portion of the expenses of maintenance and repair of such 
 works. 
 
 RULES AND REGULATIONS. 
 Rules and regulations. 
 
 $ 8. The in-igation board may make and enforce any and all rules and regulations 
 that in its opinion will promote the objects of this act, and may perform any act and 
 exercise any power necessary to the accomplishment of the purposes herein expressed 
 and full power is hereby conferred in the- premises whether or not such powers are 
 herein specially mentioned, and may sue and be sued in the same manner and with the 
 same effect as a municipal corporation. 
 
 Member may conduct hearing. 
 
 $ 9. For the puii^ose of performing any duty under this act the irrigation board 
 may appoint one of its members to conduct any hearing or investigation. Such mem- 
 ber shall make a written report of his proceedings and shall state the evidence intro- 
 duced at any hearing and his conclusions thereotf. Upon such report, or upon such fur- 
 ther inquiry as the irrigation board shall deem proper, the irrigation board may pass 
 upon and decide any question under consideration at said hearing or investigation. The 
 decisions of the irrigation board shall be final except as to questions, the determination 
 of which are vested in the courts by this act or by the constitution of this state or by 
 the constitution of the United States. 
 
 APPORTIONMENT OF WATER. 
 
 Apportionment of water. Lease of surplus water. Special board of apportionment. 
 
 Oath. Notice. Hearing. 
 
 § 10. Prior to making any assessment, to provide funds for the construction or pur- 
 chase of any project for the construction or purchase of which any conservation dis- 
 trict shall have been formed, there shall be apportioned as hereinafter provided, to 
 each constituent district or unit under such project the proportion to which it is entitled 
 cf all water stored or to be stored or diverted or to be diverted b}- such project for the
 
 1201 IRRIGATION AND IRRIGATION DISTRICTS. Act 226eb 
 
 irrigation of such conservation district, and of all power to be developed in connection 
 therewith, which proportion of such water and power shall be forever applied to the 
 purposes of said constituent district; provided, that any water or power that may be 
 so apportioned and for which any constituent district or unit has not, to the full extent 
 thereof, a beneficial use, may be leased by such district or unit, with the consent of the 
 irrigation board, to any other territory within or without the said conservation district ; 
 the other districts or units, embraced in said conservation district to be entitled, how- 
 ever, to the first right to so lease such surplus water or power. The apportionment of 
 water and power under this section shall be made by a special board of apportionment 
 and confirmed by the irrigation board. The members of such special board of appor- 
 tionment shall be three in number and shall be appointed by the irrigation board, sub- 
 ject, however, to the approval of two-thirds of the members of the advisory board here- 
 inafter provided for. The members of such special board of apportionment shall be 
 disinterested persons having no interest in any land within the conservation district 
 within which such apportionment is to be made and not residing within such district. 
 Before entering upon his duties each of the members of said special board of appor- 
 tionment shall take and subscribe a* oath that he is not in any manner interested in any 
 real estale within said district, directly or indirectly; that he does not reside therein, 
 and that he will perform the duties of a member of such board to the best of his ability. 
 Said special board of apportionment shall determine, define and apportion to the sev- 
 eral districts or units within said conservation district, and to the private corporations, 
 mutual water companies and mutual ditch companies admitted to share in the benefits 
 thereof, the amount and extent of the water to be produced, stored or diverted for the 
 project contemplated by said conservation district and the amount and extent of the 
 power to be produced or generated in connection therewith, and shall likewise deter- 
 mine, define and apportion the cost of the project, and shall make a rejDort thereof to 
 the irrigation board. Upon receiving such report the irrigation board shall fix a date 
 for the hearing thereof, and notice to all persons in such conservation district shall be 
 given by publication once a week for four successive weeks in a newspaper of general 
 circulation published in each of the counties in which any portion of the said district is 
 situated. Such hearing shall be held upon a date not less than sixty nor more than 
 ninety days after the first publication of said notice, and affidavits of the publication 
 of said notice in the manner herein provided shall be made and filed with the irrigation 
 board before such hearing. In addition to the publication of such notice the secretary 
 of the irrigation board shall mail a copy thereof to the governing boards of such other 
 districts or political subdivisions of the state and to such private corporations, mutual 
 ditch companies and mutual water companies as may be designated by the irrigation 
 board. At the time set for the hearing the irrigation board shall hear and receive evi- 
 dence in support of objections which may be presented to the apportionment so made, 
 and shall thereupon make its order approving, modifying or rejecting such apportion- 
 ment. Any person aggrieved by the order of the irrigation board may commence an 
 action in the superior court of any county in which any part of said conservation dis- 
 trict is interested to have said apportionment corrected, modified or annulled. Such 
 action must be commenced within thirty days after said order has been made and filed 
 in the office of the secretary of the irrigation board, and if not so commenced no action 
 or defense shall thereafter be maintained attacking the legality of said apportionment 
 in any respect. ^ 
 
 Rates. Control of distribution of water apportioned. 
 
 All works constructed at the expense of any irrigation district created under this 
 act, or for any component unit of a conservation district, or for which the same is 
 assessed or charged for the repayment of moneys expended for construction, shall for- 
 ever be devoted to the purposes of such constituent district or unit under the adminis-
 
 Act 226Cb, §§ 11-13 GENERAL LAWS. 1202 
 
 tration of the in-igation board. No rates shall be charged by an irrigation district 
 formed under the provisions of this act by a conservation district for the use of water 
 for irrigation therein or for power developed in connection therewith, except for the 
 just proportion of such irrigation district or the units of such conservation district, or 
 of the private corporations, mutual water companies or mutual ditch companies entitled 
 to or receiving the benefits of the construction and operation of the works of said con- 
 servation district, for the expenses of the governing bodies and employees thereof and 
 of the maintenance, operation, repair and supervision of the works constructed for the 
 benefit of such irrigation district or conservation district, and except for the repayment 
 of moneys appropriated and paid as the cost of construction of the said works and the 
 payment of bonds issued therefor and the interest thereon. 
 
 It shall be the duty of the irrigation board, and said board shall have power to do 
 all things necessary to that end, to control and supervise the distribution of the water 
 and power apportioned as herein provided to the units of a conservation district and 
 to the private corporations, mutual water companies and mutual ditch companies ad- 
 mitted to share in the benefits thereof. 
 
 CONTEACT FOE EEPAYMENT OF MONEY EXPENDED. 
 Power to contract for repajnnent of money expended. 
 
 § 11. The irrigation board shall have power to contract with the United States and 
 with the state of California for the repayment of moneys appropriated or expended in 
 the construction of reservoirs, canals, ditches or other works necessary or convenient 
 for any of the purposes herein mentioned. Such repayment shall be made from 
 assessments upon the lands benefited by such works, or the proceeds of bonds issued 
 thereon, from payments made by private corporations, mutual ditch companies or 
 mutual water companies contributing their proportion of the cost of constructing, 
 operating and maintaining such works as provided in section six b of this act, or from 
 revenues derived bj'^ the irrigation board for water or power leased or sold by the irri- 
 gation board as provided in this act, or from either, all or any of said methods of repay- 
 ment. The irrigation board may also deposit with the United States and with the state, 
 bonds, notes, contracts, leases, agreements or other obligations for the payment of 
 money, issued or executed by irrigation districts formed under the provisions of this 
 act, or by conservation districts, or the component units of such conservation districts, 
 the proceeds to be applied to said repayment upon such terms as may be agreed upon 
 between the irrigation board and the United States or the state of California. 
 
 PUECHASE OP PEOPEETY NEEDED. 
 Power to purchase land, etc., needed. 
 
 § 12. The irrigation board shall have power to acquire within or without any irriga- 
 tion district created under this act or any conservation district, from persons, associa- 
 tions or private corporations, by purchase, condemnation or other lawful means, any 
 land, water, water rights, reservoirs, flumes, ditches, power lines, telegraph or telephone 
 lines or other works or parts thereof necessary or convenient for the purposes herein 
 mentioned, or necessai-y for the carrying out of any of the projects formed hereunder. 
 
 Advisory board. 
 
 $ l.S. The chairmen or presiding officers of the governing bodies of the respective 
 irrigation districts, reclamation districts, drainage districts and other political subdivi- 
 sions of the state organized to promote irrigation, reclamation or drainage, consti- 
 tuting units of a conservation district created under this act, and of the private corj^o- 
 rations, mutual water companies and mutual ditch companies contributing to the cost of 
 constructing, operating and maintaining the works of such conservation district, shall
 
 1293 IRRIGATION AXD IRRIGATION DISTRICTS. Act ZZGCb, § 14 
 
 be and constitute an advisory board to consult with the irrigation board, and such 
 advisory board shall perform such executive and administrative functions as may be 
 determined from time to time by the irrigation board. 
 
 GENERAL POWERS OP IRRIGATION BOARD. 
 
 Power to make contracts. Apportionment of revenues. 
 
 $ 14. The irrigation board, except where special power is herein elsewhere con- 
 ferred, shall have power to make, execute and carry out any agreements or contracts 
 for the performance of any act or the construction of any works provided for in this 
 act, and may make contracts for the sale or rental of unapportioned water or power 
 for periods not to exceed forty yeai's, upon such terms as the irrigation board shall 
 prescribe. All revenues received by the irrigation board from such sales or rentals 
 shall be apportioned to the districts constituting component parts of such conservation 
 district and to the private corporations, mutual water companies and mutual ditch 
 companies contributing to the construction of the project from which such revenues are 
 derived. Such apportionment shall be made in the ratio of the respective amounts of 
 assessments levied or charges made for the construction of the works in connection 
 with which such revenues are derived. 
 
 Contracts between districts, etc. 
 
 For the purpose of carrying this act into effect and of accomplishing the ends and 
 objects herein expressed, and the development and utilization of the water resources of 
 this state, conservation districts, irrigation districts, formed under the provisions of 
 this act, reclamation districts and other political subdivisions of the state or- 
 ganized to promote irrigation, reclamation or drainage, and private corpora- 
 tions organized for the purpose of selling or distributing water or electric power 
 for domestic, irrigation, manufacture, or other beneficial uses and purjDOses, and 
 mutual water companies and mutual ditch companies, may enter into contracts or 
 agreements with each other or with other districts, political subdivisions, private cor- 
 porations, associations or persons, for the development, appropriation or storage of 
 water and the apportionment and distribution thereof, and the management, operation 
 and maintenance of any works acquired pursuant to this section, and the division, 
 distribution and payment of the cost and expense of such development, appropriation, 
 storage, apportionment, distribution, management, operation and maintenance. And 
 every and all such contract or contracts shall be valid and binding, in accordance with 
 their terms and provisions respectively; provided, however, that before any such con- 
 tract or contracts shall go into force or effect or become binding for any puipose, the 
 same shall be submitted to and approved by the irrigation board; and provided, further, 
 that where any such contract relates to or affects the sale, rental or distribution of 
 water or electric power, or the beneficial use of water, by a public utility, the same shall, 
 before it goes into force or effect or becomes binding, be submitted to and approved 
 by the railroad commission of the state of California. And all such contracts approved 
 as herein provided shall be binding and valid for all purposes, either in perpetuity or 
 such term or terms as shall be specified or agreed upon therein or in the order or orders 
 approving the same. 
 
 The provisions of this section are in aid of and in addition to other provisions of 
 this act, and the same shall be construed and considered as so in aid of and in addition 
 to, and not limited by or restricted by any of the other terms or provisions of this act. 
 Nothing in this section contained shall be construed to affect or impair the organization 
 or rights of mutual water companies or mutual ditch companies or the rights of the 
 stockholders or members of such companies.
 
 Act 2266b, 8 15 GBMDRAL. LAWS. 1204 
 
 Siir7eys, etc., of conservation districts. 
 
 5 15. The irrigation board shall, upon the organization of any conservation district 
 as in this act provided, proceed to make or cause to be made, all necessary examina- 
 tions, surveys, plans and estimates of cost for the storage, diversion and distribution of 
 water and the generation of electric power in connection therewith, and the sale and 
 distribution thereof as may be necessary or requisite to enable said board to ascertain 
 and estimate the requirements and works necessary as aforesaid for the purposes of 
 said conversation district and the probable cost and expense thereof, and in that con- 
 nection may use and adopt all previous estimates, surveys and reports it may have 
 collected adapted to that purpose, and may employ all necessary engineers and other 
 assistants for the accomplishment of said purposes, and the cost thereof shall be deemed 
 a part of the expense of said project and may issue warrants therefor and same shall 
 bear interest from date of issue at the rate of six per cent per annum until paid, and 
 shall be payable out of the funds of said district, and may be included in any bond 
 issue authorized for the purposes of said district. 
 
 Such estimate as is above provided for shall be in such form as shall be approved 
 by said irrigation board and shall be entered in the minutes of said board and shall 
 constitute a part of the records of said board, and the same, or a copy thereof, cer- 
 tified by the secretary of said board, shall be admissible as evidence in any proceeding 
 before any court, commission or tribunal of this state wherein the matters therein set 
 forth shall be admissible in evidence. 
 
 Commissioners to assess land. 
 
 Whenever, for any of the purposes of this act, the irrigation board shall deem it 
 necessary for the purposes of said district, or the levying of an assessment upon the 
 property therein, or the issuance of bonds by said district, said board shall appoint 
 three commissioners for such pui-pose or purposes. Such commissioners shall have no 
 interest in any land in the district, either directly or indirectly, and each commissioner 
 before entering upon his duties shall make and subscribe an oath that he is not in any 
 manner interested directly or indirectly in any land in said district, and that he will 
 perform the duties of commissioner to the best of his ability. Thereupon said com- 
 missioners shall proceed separately as to each unit within said district to view and 
 assess upon the land within said district a sum sufficient to cover said estimated amount 
 and shall apportion the same according to the benefits which will accrue to each unit 
 within said district, and separately as to each tract of land within said unit. Such 
 benefits to be estimated according to the benefits which will accrue to each tract of 
 land in such unit by reason of the expenditure of said estimated sum, and shall esti- 
 mate the same in gold coin of the United States. 
 
 Assessment rolL 
 
 Said commissioners shall prepare and certify a roll on which they shall state the name 
 and address of the owner of each parcel of land in such unit, or if the name or address 
 of any owner is unknown, then, that fact; also a description of each parcel of land by 
 legal subdivisions or boundaries, and the total amount assessed against each parcel of 
 land so described. No mistake in the name of the owner, or supposed owner of any 
 parcel of land, shall invalidate the apportionment or assessment. A separate roll shall 
 be made for the lands in each county where such unit includes land in more than one 
 eounty. When completed said roll or rolls shall be filed with the irrigation board and 
 certified copies of the particular roll for each county shall be filed with the county 
 recorder of any county in which any lands within said unit may be, and each roll shall 
 be open for inspection by the public for at least thirty days.
 
 1295 IRRIGATION AND IRRIGATION DISTRICTS. Act 22««b 
 
 Hearing objections. Approval of assessments. Lien. Annual levy. Additional levy. 
 Surplus used in retiring bonds. 
 
 The irrigation board shall appoint a time and place not less than thirty days after 
 said roll has been filed with said recorder or recorders when and where it will meet, 
 within said conservation district for the purpose of hearing objection to said assess- 
 ment and the apportionment thereof and notice of such hearing shall be published at 
 least once a week fo'r two successive weeks in some newspaper published in each county 
 in which any lands within said district may be. At any time before or at the original 
 date of such hearing, any person interested in any real estate upon which any charge 
 has been apportioned and assessed, may file in the office of the secretary of said irriga- 
 tion board written objections thereto, stating the grounds of such objections, which said 
 statements shall be verified by the affidavit of such person or some other person who is 
 familiar with the facts. Said irrigation board may postpone such hearing from time to 
 time. At such hearing the irrigation board shall hear such evidence as may be offered 
 touching the correctness of such assessment or the manner of its apportionment and 
 may modify or amend the same and may reapportion all or any part of the entire 
 assessment. No assessment or apportionment shall be increased except upon the hear- 
 ing of objections thereto or after personal notice or notice by mail to the owner of the 
 land upon which said increase is made. Said irrigation board must make and enter in 
 its minutes an order approving said assessment and apportionment as finally fixed, and 
 the decision of said irrigation board shall be final, and thereafter said assessment and 
 apportionment shall be conclusive evidence of the validity of said assessment and 
 apportionment, and no action or defense shall ever be maintained attacking the same 
 in any respect. And the records of said irrigation board, or a copy thereof certified 
 by its secretary, shall be received in evidence in all or any of the courts of this state, 
 or before any board or tribunal authorized to hear or consider any matter wherein the 
 same shall be admissible as evidence. No change shall be made in said assessment or 
 apportionment after the consideration, approval and fixing thereof by said irrigation 
 board, and all assessments upon the property of said district thereafter shall be levied 
 in accordance therewith and consistent with the apportionment of benefits therein 
 provided for and fixed, and if any assessments are called for or required in addition to 
 the original amount estimated and apportioned for the purposes of said district, such 
 additional amount shall be assessed, levied and raised in accordance with said appor- 
 tionment and assessment of benefits so fixed in the first instance by said irrigation 
 board. A certified copj'^ of such assessment and apportionment roll as finally approved 
 shall be filed in the offices of the county recorder of each county in which any land 
 within said district is situated. Such assessment and apportionment shall thereafter 
 constitute a first lien upon the land affected thereby until the full amount thereof is 
 paid or until all bonds of the district issued thereon, together with the accrued interest, 
 shall have been fully paid. The said irrigation board shall on the first Tuesday in May 
 following the fixing and approval of said assessment and apportionment therein pro- 
 vided for, and annually thereafter on said date, levy an assessment, sufficient to raise 
 the annual interest on the outstanding bonds of said district, and in any year in which 
 any bonds shall fall due must increase such assessment to an amount sufficient to pay 
 the principal of the outstanding bonds as they mature; also sufficient to pay in ful) 
 all sums that may become due from the district before the time of collection of the next 
 annual assessment, including an amount sufficient to pay in full the amount of any 
 contract or obligation of the district which may come due during said year or may havo 
 been reduced to judgment. And to provide for and maintain a fund out of which the 
 current and contingent obligations of said district can be paid in cash as they mature. 
 In addition to the amounts estimated as necessary for the purposes aforesaid, a further 
 levy of fifteen per cent additional shall be included and levied for the purposes of
 
 Act226«b GI<:NE)RAL LAM'S. t2»C 
 
 meeting any additional amounts that may be required on account of delinquencies and 
 to insure the payment of all of the bonded indebtedness, including the interest thereon 
 and other obligations of said district at maturity. Whenever there is a surplus in the 
 funds of said district over and above all requirements as herein specified for the pay- 
 ment of the bonded indebtedness and interest thereon and accrued obligations of said 
 district, such a surplus may be used and applied in retiring the outstanding bonds, or 
 any thereof, of said district. The secretary of the irrigation board must compute and 
 enter in a separate column of the assessment book the respective sums in dollars and 
 cents to be paid as an assessment upon the property therein enumerated. In so doing, 
 said secretary shall enter the names of the owners of such lands and the descriptions 
 thereof in accordance with the last assessment roll of the county in which the said 
 lands are situated. Such assessment must be so levied and computed as to be in accord- 
 ance with the apportionment and assessment of benefits herein provided for and so 
 that all lands within said district shall be assessed and required to pay in accordance 
 therewith. 
 
 Duty of county auditor. 
 
 The secretary of said board shall forthwith deliver a certified copy of that portion 
 of said assessments so directed to be entered by him, so far as it applies or appertains 
 to any land within any county situated within said district to the county auditor of 
 such county, and such auditor shall accept and receipt for the same; and thereupon it 
 shall be the duty of said auditor to include said assessment as an assessment against 
 each parcel or tract of land therein described. It shall be the duty of said auditor to 
 examine and ascertain as to any errors or discrepancies that may exist in said roll as to 
 the ownership of, or the descriptions of, land as applied to any owner or owners thereof 
 as compared with the assessment roll of the said county for such yeiar, and if any such 
 difference or discrepancies are found, it shall be the duty of said auditor to correct 
 the same accordingly so that the said roll as to ownerships and descriptions of land 
 and assessments thereof shall correspond to the assessment roll of said county and for 
 such year. And it shall be his duty to audit, enter and certify the same to the tax 
 collector of said county for collection in the same manner and form as county, school 
 district and other taxes are included and certified by him to such tax collector, and all 
 such assessments shall constitute a first lien upon the lands affected thereby as herein- 
 before provided. 
 
 Additional clerical force for auditor. 
 
 The board of supervisors is hereby authorized and empowered to employ what extra 
 clerical force is necessary to perform the additional duties herein prescribed for the 
 auditor. Said extra clerks shall receive as compensation for the work herein provided 
 a per diem not to exceed five dollars which shall be paid by the districts operating under 
 the provisions of this act in proportion to the amount of work done for each and it 
 shall be the duty of the clerk of said board to issue warrants payable to such clerks 
 employed as herein provided out of the funds of the district, upon the presentation of 
 a verified demand, approved by the auditor and the board of supervisors. 
 
 Duty of tax collector. 
 
 Upon receipt of the same from the auditor of such county it shall be the duty of the 
 tax collector of said county to include the same as a separate entry and charge against 
 the land therein described and to collect the same with the county, school district and 
 other taxes so required to be collected by such county tax collector and to keep and 
 deposit such district taxes in a separate fund, and when the same is collected it shall 
 be the duty of such tax collector to pay the same over to the treasurer of such county 
 at the same time and in the same manner as other taxes collected by him are paid over
 
 i 
 
 1297 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266b, § 1« 
 
 to such treasurer, and it shall be the duty of such treasurer to receive the same as other 
 taxes are received by him and after receipt thereof to keep the same in a separate 
 fund ; and upon receipt of same, or any part thereof, it shall be the duty of such county 
 treasurer within thirty days thereafter to pay the same and all thereof to the treasurer 
 of the state of California, who shall receive and keep the same and deposit the same in 
 a separate fund to the credit of the said district, and to be paid out by him upon the 
 order and approval of the said irrigation board. 
 
 Moneys received under contracts, etc., collected by irrigation board. 
 
 All moneys received. under contracts, leases or other arrangements by such conserva- 
 tion district from any canal companies, mutual or other water companies, reclamation 
 districts, or from any corporations, individuals, or other sources not herein otherwise 
 provided for shall be collected by said irrigation board and by it deposited with the 
 state treasurer, and thereafter to be disbursed as provided as to funds of such district 
 under the order and direction of such irrigation board for the purposes and obligations 
 of said district, including the payment and retirement of outstanding bonds with 
 interest thereon. 
 
 Delinquent taxes. 
 
 From and after the time of the filing of such assessment roll of such district with 
 the auditor of any county the taxes therein enumerated, levied and assessed, shall be 
 regarded and treated as are the other taxes of said county or the school districts 
 thereof, and the same shall be included in and considered a part of such taxes and the 
 same shall become delinquent at the same time and in the same manner as such other 
 taxes, and with respect to any delinquency or delinquent notices the same shall become 
 delinquent and notice thereof shall be published with and at the same time and in the 
 same manner as other delinquent taxes, and the same shall be similarly treated for all 
 purposes of notice and sale thereof for such delinquent taxes, and shall be subject to 
 redemption from such delinquent district taxes at the same time and in the same man- 
 ner and through the same officials as are such other taxes. And any and all charges 
 and penalties in connection with such delinquency and interest thereon and penalties 
 in connection therewith shall be similarly charged and collected, and the amounts so 
 collected on account of any such delinquent taxes or interest or penalties thereon shall 
 be received by the county treasurer and paid over to the state treasurer in the same 
 manner as is hereinabove provided, and in the event of the sale of any property for 
 delinquent taxes of such counties or other delinquent taxes, said district taxes shall be 
 included therein and said property shall be sold therefor in connection with and includ- 
 ing such other taxes, and upon a redemption thereof or upon a sale of said lands the 
 said district taxes shall be included therein and together with interest and penalties 
 thereon the same shall be received and j^aid over to the county treasurer, and by him 
 paid over to the state treasurer, as hereinbefore provided. 
 
 ISSUE OF BONDS. 
 Issue of bonds. 
 
 § 16. At any time after the irrigation board shall have made the examinations, sur- 
 veys, plans and estimates of cost for the storage, diversion and distribution of water, 
 and for the other purposes enumerated in this act, and after the same has been entered 
 in the minutes of said board and shall have also had assessed and apportioned upon the 
 lands in said conservation district the charges and benefits and apportionments pro- 
 vided for in this act, and after such apportionment and assessment roll shall have been 
 finally fixed and approved by the said board, and after the same has been entered in the 
 minutes of the said board must, as soon as may be practicable, proceed and issue the 
 bonds of said district for the purposes aforesaid. 
 
 Gen. Laws — 82
 
 Act 22666 GENERAL LAWS. 1299 
 
 Estimate of amount necessary. 
 
 The said board shall, in connection with the previous estimates made and adopted 
 by it, estimate the amount of money necessary to be raised by such bond issue for the 
 purposes of said district, as aforesaid, and shall ascertain and determine the same and 
 enter its order to that effect in the minutes of said board. And whenever thereafter the 
 construction fund has been exhausted by expenditures herein authorized, and it is 
 necessary to raise additional money for such purposes, it shall be the duty of said 
 board to estimate and determine the amount of money necessary to be raised for such 
 additional purposes. 
 
 Examination by engineer. Special election. Evidence of ownership. 
 
 For the purposes of such bond issue, or additional bond issue, the said board shall be 
 authorized to employ engineers and other assistants and make all such further exam- 
 inations and estimates as may be necessary, to fix and determine such matters and the 
 conclusion and estimates of said board shall be entered in its minutes. Said irrigation 
 !)oard shall by order entered in its records order a special election to be held at such 
 I'.laces in said district as shall be designated by said irrigation board, and at least one 
 such place shall be designated as a voting place in each unit of said conservation dis- 
 trict at which said election there shall be submitted to the owners of land in said 
 district the question of whether or not the bonds of said district shall be issued in the 
 amount specified in the order of said board, and which amount shall be stated in the 
 order for such special election. For all purposes of this act relating to signing peti- 
 tions and voting at any election, and for all other purposes where the question of title 
 to land claimed to be owned by such voter or owner is involved, the equalized assess- 
 ment roll for the year last preceding in each county wherein any land of the said dis- 
 trict is situated, shall be sufficient evidence of ownership of lands in the district, and 
 the certificate of the register of the United States land office in which the lands are 
 situated or of the surveyor general of the state of California, shall be sufficient evidence 
 of possessory right in any lands in the district entered under the laws of the United 
 States or of the state of California. Guardians, executors, administrators and other 
 persons holding land in a trust capacity under appointment of court may sign any 
 such petition and may vote without obtaining any special authority therefor. Said 
 irrigation board shall at the time of calling the said election designate in its order 
 the voting places at which said election shall be held and where votes shall be cast 
 and shall designate three landholders of the district to act as a board of election at 
 each voting place. 
 
 Notice. 
 
 Notice of such special election must be given by the irrigation board by posting 
 notice thereof in at least three public places in each unit of the district at least twenty 
 davs prior thereto, and also by publishing such notice once a week for the same length 
 of time in some newspaper of general circulation, published in each county in which 
 any portion of said district may be situated, or if there be no newspaper published in 
 any one of such counties, then in each county wherein such newspaper is published; 
 and such notice must specify the time and place of holding said election and the aggre- 
 gate face value of bonds proposed to be issued and the names of three landholders of. 
 said district to act as a board of election at each polling place. Affidavits of the pub- 
 lication and posting of such notice must be filed with the clerk of said irrigation board. 
 
 One vote for each acre. 
 
 At such election each owner of lands in the district shall be entitled to vote in person 
 or by proxy, and shall have the right to cast one vote for each acre of real estate 
 owned by him in the district, such ownership to be determined from the next preced-
 
 1299 IRRIGATION AND IRRIGATIOxN DISTRICTS. Act 226«b 
 
 ing assessment roll of the county or counties in which the lands of the district are 
 situated and the irrigation board shall, prior to the election, cause to be prepared and 
 certified and furnished to the board of election at each polling place, a true and cor- 
 rect copy of each of said next preceding assessment rolls so far as such assessment roll 
 applies to any lands within such district, and shall likewise cause to be prepared and 
 furnished lists certified by the register of the United States land office and the sur- 
 veyor general of the state of California respectively showing the lands within the dis- 
 trict entered upon under the laws of the United States and the state of California 
 respectively, which said list, so far as disclosed by the records of said officers, shall 
 contain the names of the persons entitled to possessory rights therein and the quan- 
 tity of land held by each of said persons by virtue of said rights. Said certified rolls 
 and certified lists shall be used by the board of election in determining the number 
 of votes each voter is entitled to cast. Executors, administrators, special adminis- 
 trators and guardians may cast the vote of the estates represented by them. No per- 
 son shall vote by proxy at such election unless authority to cast such vote shall be 
 evidenced bj' an instrument in writing, duly acknowledged and certified in the same 
 manner as grants of real property and filed with the board of election. 
 
 Ballots. 
 
 The ballots cast at such election shall contain the words "bond, yes" or "bonds, no" 
 and also the name of the person casting the ballot, with the number of votes cast by 
 him. A list of the ballots cast shall be made by the board of election containing the 
 name of each voter, and, if the ballots be cast by proxy, the name of the person casting 
 it and the number of votes cast by each and whether the same be cast for or against the 
 issuing of bonds. 
 
 Oath of election officer. 
 
 If any person appointed as a member of the board of election shall fail to attend at 
 the opening of the polls, the voters then present, voting individually, may appoint in 
 his place any landholder in the district. Each member of said board of election must, 
 before entering upon his duties, take and subscribe an official oath, to faithfully per- 
 form his duties as an officer of such election, which oath may be administered by an 
 officer authorized to administer oaths, or by a landholder in the district. 
 
 Polls open. 
 
 The polls shall be kept open from ten o'clock a. m. of the day of election until 
 five o'clock p. m. of that day. 
 
 Canvass of votes. 
 
 At the close of the polls the board of election shall at once proceed to canvass the 
 votes and declare the result, and shall forward a certificate showing such result and the 
 number of votes cast for and against the issuing of the bonds to the irrigation board 
 and shall also deliver to the said irrigation board all ballots cast at such election and 
 all documents and papers used at such election. 
 
 Order of irrigation board. 
 
 Said irrigation board shall, upon the receipt of such canvass and declaration of the 
 result from the said board of election, proceed to examine the same and shall ascertain 
 and declare the result as shown by such canvass and declaration, and shall enter an 
 order in its minutes that the said proposition for the issuance of said bonds has been 
 carried or defeated, as the case may be. 
 
 Result recorded. 
 
 Forthwith, upon the declaration of the result of said election by said irrigation board, 
 the secreta.^y of said board shall make a certified copy of the order of said board.
 
 Act 22eeb GENERAL LAWS. 1300 
 
 declaring the result of said election, and shall forward said certified copy or copies 
 to the recorder or recorders of the counties in which any land of said conservation 
 district maj^ be situated, and the same shall forthwith be filed and recorded in said 
 recorder or recorders' office, and shall impart notice to all interested persons as to the 
 result of said election. 
 
 Contest of election. Hearing. Decision final. Bonds issued. 
 
 Any person owning property within the said district, liable to assessment, may con- 
 test such election, by filing a written contest specifying the grounds of his objections 
 thereto, with said irrigation board, said written contest to be filed within thirty days 
 after the declaration of the result of said election by said irrigation board, and if no 
 siich contest and objections be filed within thirty days, no such contest and objections 
 shall thereafter be received or filed. Such written contest shall specify the ground or 
 grounds of contest to said election, and upon the filing of the same with said irrigation 
 board shall expeditiously set the said contest for hearing, and shall have the right to 
 postpone the hearing for such time as may be necessary, but not otherwise, and shall 
 expeditiously hear and determine the same. For the purposes of such hearing the 
 board may by subpoena, signed by the secretary, under its seal, compel the attendance 
 of witnesses and the production of evidence. Disobedience of such subpoena or of 
 any lawful order of the board in the premises shall constitute a contempt of the author- 
 ity of the board punishable by the board in accordance with title five of part three, of 
 the Code of Civil Procedure, and shall also constitute a misdemeanor under section 
 one hundred sixty-six of the Penal Code. Said irrigation board shall, upon the con- 
 clusion of said hearing of said contest, proceed forthwith to enter its order and decision 
 thereon. Such decision on the part of said irrigation board shall be final, conclusive 
 and binding upon all parties interested as to validity and as to result of such election 
 and shall be subject to review only in event suit is brought by the said district or by 
 some person or corporation or association authorized to bring the same to detennine 
 the question of the validity of the said bond issue, and in the determination and adjudi- 
 cation of the question of the validity of said bond issue, as hereinafter specified, the 
 court may review and consider the validity of said election for the issuance of said 
 bonds, but in such action the certificate and determination of said irrigation board 
 shall be received and accepted by the court as prima facie evidence of the result as 
 to the validity of said election and the regularity of the canvassing, counting and return 
 of the votes cast at said election. If a majority of the votes cast at such an election 
 is in favor of the issuance of bonds, the irrigation board after canvassing the returns 
 and declaring the result of said election shall cause bonds in the amount stated in the 
 order for the election to be issued, executed and delivered to the state treasurer of the 
 state of California. Said bonds shall be of the denomination of not less than one 
 hundred dollars nor more than one thousand dollars each; they shall be signed by the 
 president of the irrigation board and attested by the secretary thereof, and shall be 
 numbered consecutively in the order of their maturity, and shall bear interest at the 
 rate not exceeding six per centum per annum, payable semiannually on the first day of 
 January and the first day of July in each year, at the office of said state treasurer, 
 upon the presentation of the proper coupons therefor. Coupons for each installment 
 of interest shall be attached to said bonds and shall bear the facsimile signature of 
 the state treasurer of the state of California. 
 
 Principal. 
 
 The principal of said bonds shall be made payable, by an order entered into the 
 minutes of the irrigation board, upon the first day of July or the first day of January, 
 and in such j^ears as the irrigation board may prescribe. Said bonds shall be payable 
 serially within forty years from their date in the manner folloAving, to wit:
 
 1301 IRRIGATION AJNIJ IRRIGATION DISTRICTS. Act 32Ceb 
 
 Amount payable yearly. 
 
 Not less than five per cent of the aggregate face value of the bonds issued shall be 
 payable each year, beginning not later than the twentieth year from their date until 
 the whole amount of said bonds have been paid. 
 
 Said irrigation board, subject to the provisions of this act, is authorized and empow- 
 ered to take all such actions and make all such orders as may be necessary in con- 
 nection with the issuance, sale and disposition of said bonds. 
 
 Form of bonds. 
 
 Said bonds may be substantially in the following form: 
 
 UNITED STATES OF AMERICA. 
 
 STATE OF CALIFORNIA. 
 
 No $ 
 
 (Name of district) Conservation District No for value received, 
 
 hereby acknowledge itself indebted to and promises to pay to the holder hereof at the 
 
 office of the state treasurer of the state of California, on the first day of , 
 
 19. . . ., the sum of $ , in gold coin of the United States of America, with 
 
 interest thereon in like gold coin from date hereof until paid, at the rate of 
 
 per cent per annum, payable at the office of said treasurer semiannually on the first 
 day of January and the first day of July in each year on presentation and surrender of 
 
 the interest coupons hereto attached. This bond is one of a series of 
 
 bonds of like tenor and effect, except as to denomination and maturity, numbered from 
 
 to , inclusive amounting in the aggregate to $ , 
 
 issued in accordance with the California irrigation act, pursuant to an election held in 
 
 said district on the day of , 19. . . ., authorizing its issuance, 
 
 and is based upon and secured by a lien upon and a valuation and apportionment 
 levied on the land in said district and filed in the office of the state irrigation board 
 
 on the day of , 19 And the said district does hereby 
 
 certify and declare that said election was duly called and held upon due notice, and the 
 result thereof was duly canvassed and ascertained, in pursuance of and in strict con- 
 formity with the laws of the state of California applicable thereto, and that all of the 
 acts and conditions and things required by law to be done precedent to and in the 
 issue of said bonds have been done and have been performed in regular and in due 
 form and in strict accordance with the provisions of the law authorizing the issuance 
 of such district bonds. 
 
 In testimony whereof, the said conservation district, acting by and through the irri- 
 gation board of the state of California, has caused this bond to be signed by the presi- 
 dent of said irrigation board, and attested by the secretary thereof, with his seal of 
 
 office affixed, this day of , 19 
 
 By 
 
 President of said board. 
 
 Attest : , 
 
 Secretary of said board. 
 
 Form of interest coupon. 
 
 And the interest coupon may be substantially in the following form: 
 
 No $ : 
 
 The state treasurer of the state of California will pay to the holder hereof on the 
 
 day of , 19. . . ., at his office in the city of Sacramento, state 
 
 of California, the sum of $ in gold coin of the United States out of the 
 
 funds of district for interest on bond of said district 
 
 numbered 
 
 State treasurer.
 
 Act22«6b GENBRAI. LAWS. 1302 
 
 Sale of "bonds by state treasurer. Action to determine if bonds are legal obligation. 
 
 The state treasurer shall place the bonds prepared pursuant to this act to the credit 
 of the district and the irrigation board may in its discretion direct the state treasurer 
 to sell the whole or any designated number of said bonds for the best price obtainable 
 therefor, but in no event for less than ninety per cent of the face value of said bonds 
 and the accrued interest thereon. Before making a sale of said bonds, notice shall be 
 given by the state treasurer by publication at least once a week for three weeks in a 
 newspaper of general circulation published in the city of Sacramento, and also one or 
 more papers in said district, that he will sell a specified amount of said bonds, and 
 stating the day^, hour and place of such sale, and asking sealed proposals for the pur- 
 chase of said bonds, or any part thereof. At the time appointed the state treasurer 
 shall open the bids and award the bonds to the highest responsible bidder. He may 
 reject any and all bids. Any sale by the state treasurer and delivery of the bonds 
 thereunder shall be conclusive evidence in favor of the purchaser and all subsequent 
 holders of the bonds that such sale was made upon due authority and notice. The pro- 
 ceeds of sale of said bonds shall be placed in the state treasury to the credit of said 
 district, and a proper record of such transaction shall be made upon his books. At 
 any time after said bonds shall have been delivered to the state treasurer, an action 
 may be commenced in the superior court of the county within which is situated the 
 largest area of land within said district by the irrigation board in the name of the 
 district or by any unit of said district or by any person owning property within the 
 said district liable to assessment. Such action shall be brought and prosecuted against 
 the lands in said district and all persons owning the same or interested therein, to have 
 it determined as to whether or not said bonds when sold will be a legal obligation of 
 such district. It shall be sufiicient to describe said lands as all lands in the district 
 (naming it) without a more specific description. The summons shall be published once 
 a week for three weeks in some newspaper of general circulation published in the 
 county where the action is pending. Within thirty days after the first publication of 
 summons any owner of land in such district, or any person interested, may appear and 
 answer the complaint, which answer shall set forth the facts relied upon to show the 
 invalidity of said bonds. The default of all defendants not so appearing may be 
 entered. Such action shall be given precedence in hearing and trial over all other 
 civil actions in such court and judgment rendered declaring such matter so contested 
 either valid or invalid. Any party not in default may have the right to appeal to the 
 supreme court within thirty days after entry of judgment and said appeal and the 
 hearing thereof shall be expedited in said court. Judgment for the plaintiff in such 
 proceedings shall be considered as a judgment in rem and shall be conclusive against 
 said district and against all lands therein and all owners thereof and all other inter- 
 ested persons. 
 
 Warrants. 
 
 The irrigation board may draw warrants upon the state treasurer against the funds 
 provided by sale of said bonds. 
 
 The money derived from the sale of any of said bonds shall be received by the state 
 treasurer and shall by him be safely kept and placed to the credit of said district in a 
 fund to be designated in the name of such district for the said district and may be 
 drawn and expended upon warrants drawn against said fund as in this act provided. 
 
 Bonds legal investment. 
 
 Bonds of any district issued pursuant to the provisions of this act which are investi- 
 gated and approved by any commission or officer now or hereafter authorized by the 
 laws of this state to conduct such investigation and give such approval and by author- 
 ity of which approval said bonds are declared to be legal investments for savings banks
 
 1303 IRRIGATION AXD IRRIGATION DISTRICTS. Act 2266b, § 17 
 
 may be lawfully purchased or received in pledge for loans by banks, trust companies, 
 guardians, executors, administrators and special administrators, or by any public 
 officer or officers of this state, or of any county, city, city and county or other munici- 
 pal or corporate body within the state having or holding funds which they are allowed 
 by law to invest or loan. 
 
 Additional bond issue. 
 
 If after said district has authorized the issuance and sale of a series of bonds under 
 this act, it shall become necessary so to do, an additional bond issue or series of bonds 
 may be authorized and sold and all proceedings shall be had and taken, and all pro- 
 cedure in connection with said second issue or series of bonds shall be had and taken 
 in accordance with the provisions of this act as to the first issue of bonds; provided, 
 that said second issue or series of bonds shall not be issued so as to in- any manner 
 interfere with the lien or security of the payment of the first issue of bonds, and said 
 second issue or series of bonds shall, as to the lien thereof and as to the security of 
 same, be subsequent and subordinate and subject to such first bond issue. 
 
 SUEVEYS, ESTIMATES, ASSESSMENTS. 
 
 Surveys, etc., of irrigation district. 
 
 § 17. The irrigation board shall, upon the organization of any irrigation district 
 as in this act provided, proceed to make or cause to be made, all necessary examina- 
 tions, surveys, plans and estimates of cost for the storage, diversion and distribution 
 of water and the generation of electric power in connection therewith, and the sale and 
 distribution thereof as may be necessary or requisite to enable said board to ascer- 
 tain and estimate the requirements and works necessary as aforesaid for the purposes 
 of said irrigation district and the probable cost and expense thereof, and in that con- 
 nection may use and adopt all previous estimates, surveys and reports it may have 
 collected adapted to that purpose, and may employ all necessary engineers and other 
 assistants for the accomplishment of said purposes, and the cost thereof shall be 
 deemed a part of the expense of said project, and may issue warrants therefor and same 
 shall bear interest from date of issue at the rate of six per cent per annum until paid, 
 and shall be payable out of the funds of said district, and ma.y be included in any bond 
 issue authorized for the purposes of said district. 
 
 Estimate to be matter of record. Commissioners to assess land. Assessment roll. 
 
 Such estimate as is above provided for shall be in such form as shall be approved 
 by said irrigation board and shall be entered in the minutes of said board and shall 
 constitute a part of the records of said board, and the same, or a copy thereof, cer- 
 tified by the secretary of said board, shall be admissible as evidence in any proceeding 
 before any court, commission or tribunal of this state wherein the matters therein set 
 forth shall be admissible in evidence. 
 
 Whenever, for any of the purposes of this act, the irrigation board shall deem it 
 necessary for the purposes of said irrigation district, or the levying of an assessment 
 upon the property therein, or the issuance of bonds by said irrigation district, said 
 board shall appoint three commissioners for such purpose or purposes. Such com- 
 missioners shall have no interest in any land in the irrigation district, either directly 
 or indirectly, and each commissioner before entering upon his duties shall make and 
 subscribe an oath that he is not in any manner interested directly or indirectly in any 
 land in said irrigation district, and that he will perform the duties of commissioner 
 to the best of his ability. Thereupon said commissioners shall proceed to view and 
 assess upon the land within said irrigation district a sum sufficient to cover said esti- 
 mated amount and shall apportion the same according to the benefits which will accrue 
 to each tract of land within said irrigation district, such benefits to be estimated
 
 Act 2266b GBIVE^RAL. LAW^S. 1304 
 
 according to the benefits which will accrue to each tract of land in such irrigation 
 district by reason of the expenditure of said estimated sum, and shall estimate the same 
 in gold coin of the United States. 
 
 Said commissioners shall prepare and certify a roll on which they shall state the 
 name and address of the owner of each parcel of land in such irrigation district, or if 
 the name or address of any owner is unknown, then that fact; also a description of 
 each parcel of land by legal subdivisions or boundaries, and the total amount assessed 
 against each parcel of land so described. No mistake in the name of the owner, or 
 supposed owner of any parcel of land, shall invalidate the apportionment or assessment. 
 A separate roll shall be made for the lands in each county where such irrigation dis- 
 trict includes land in more than one county. When completed said roll or rolls shall 
 be filed with the irrigation board and certified copies of the particular roll for each 
 county shall be filed with the county recorder of any county in which any lands within 
 said irrigation district may be, and each roll shall be open for inspection by the public 
 for at least thirty days. 
 
 Hearing. Objections. Evidence. Approval of assessment. Lien. Annual levy. 
 Additional levy. Surplus used in retiring bonds. 
 
 The irrigation board shall appoint a time and place not less than thirty days after 
 said roll has been filed with said recorder or recorders when and where it will meet, 
 within the county in which the greater portion of said irrigation district is situated 
 for the purpose of hearing objection to said assessment and the apportionment thereof 
 and notice of such hearing shall be published at least once a week for two successive 
 weeks in some newspaper published in each county in which any lands within said 
 irrigation district may be. At any time before or at the original date of such hearing, 
 any person interested in any real estate upon which any charge has been apportioned 
 and assessed, may file in the the office of the secretary of said irrigation board written 
 objections thereto, stating the grounds of such objections, which said statements shall 
 be verified by the affidavit of such person or some other person who is familiar with 
 the facts. Said irrigation board may postpone such hearing from time to time. At 
 such hearing the irrigation board shall hear such evidence as may be offered touching 
 the correctness of such assessment or the manner of its apportionment and may modify 
 or amend the same and may reapportion all or any part of the entire assessment. No 
 assessment or apportionment shall be increased except upon the hearing of objections 
 thereto or after personal notice or notice by mail to the owner of the land upon which 
 said increase is made. Said irrigation board must make and enter in its minutes an 
 order approving said assessment and apportionment as finally fixed, and the decision 
 of said irrigation board shall be final, and thereafter said assessment and apportion- 
 ment shall be conclusive evidence of the validity of said assessment and apportion- 
 ment, and no action or defense shall ever be maintained attacking the same in any 
 respect. And the records of said irrigation board, or a copy thereof certified by its 
 secretary, shall be received in evidence in all or any of the courts of this state, or 
 before any board or tribunal authorized to "hear or consider any matter wherein the 
 same shall be admissible as evidence. No change shall be made in said assessment or 
 apportionment after the consideration, approval and fitting thereof by said irrigation 
 board and all assessments upon the property of said irrigation district thereafter shall 
 be levied in accordance therewith and consistent with the apportionment of benefits 
 therein provided for and fixed, and if any assessments are called for or required in 
 addition to the original amount estimated and apportioned for the purposes of said 
 irrigation district, such additional amount shall be assessed, levied and raised in accord- 
 ance with said apportionment and assessment of benefits so fixed in the first instance 
 by said irrigation board. A certified copy of such assessment and apportionment roll 
 
 i
 
 1305 IRRIGATIOX AXD IRRIGATION DISTRICTS. Act 2266 1> 
 
 as finally approved shall be filed in the ofiice of the county recorder of each county 
 in which any land within said irrigation district is situated. Such assessment and 
 apportionment shall thereafter constitute a first lien upon the land affected thereby 
 until the full amount thereof is paid or until all bonds of the irrigation district issued 
 thereon, together with the accrued interest, shall have been fully paid. The said irri- 
 gation board shall on the first Tuesday in May following the fixing and approval of said 
 assessment and apportionment therein provided for, and annually thereafter on said 
 date, levy an assessment, suflBcient to raise the annual interest on the outstanding 
 bonds of said irrigation district, and in any year in which any bonds shall fall due 
 must increase such assessment to an amount sufficient to pay the principal of th« 
 outstanding bonds as they mature; also sufficient to pay in full all sums that ma^i 
 become due from the irrigation district before the time of collection of the next annual 
 assessment, including an amount sufficient to pay in full the amount of any contract 
 or obligation of the irrigation district which may come due during said year or may 
 have been reduced to judgment, and to provide for and maintain a fund out of which 
 the current and contingent obligations of said irrigation district can be paid in cash 
 as they mature. In addition to the amounts estimated as necessary for the pmposes 
 aforesaid, a further levy of fifteen per cent additional shall be included and levied for 
 the purposes of meeting any additional amounts that may be required on account of 
 delinquencies and to insure the payment of all of the bonded indebtedness, including 
 the interest thereon and other obligations of said irrigation district at maturity. When- 
 ever there is a surplus in the funds of said district over and above all requirements as 
 herein specified for the payment of the bonded indebtedness and interest thereon and 
 accrued obligations of said irrigation district, such a surplus may be used and applied 
 in retiring the outstanding bonds or anj^ thereof of said irrigation district. The secre- 
 tary of the irrigation board must compute and enter in a separate column of the assess- 
 ment book the respective sums in dollars and cents to be paid as an assessment upon 
 the property therein enumerated. In so doing, said secretary shall enter the names of 
 the owners of such lands and the descriptions thereof in accordance with the last 
 assessment roll of the county in which the said lands are situated. Such assessment 
 must be so levied and computed as to be in accordance with the apportionment and 
 assessment of benefits herein provided for and so that all lands within said irrigation 
 district shall be assessed and required to paj' in accordance therewith. 
 
 Duty of county auditor. 
 
 The secretary of said board shall forthwith deliver a certified copy of that portion of 
 said assessment so directed to be entered by him, so far as it applies or appertains to 
 any land within any county situated within said irrigation district to the county 
 auditor of such county, and such auditor shall accept and receipt for the same, and 
 thereupon it shall be the duty of said auditor to include said assessment as an assess- 
 ment against each parcel or tract of land therein described. It shall be the duty of said 
 auditor to examine and ascertain as to any errors or discrepancies that may exist in 
 said roll as to the ownership of or the descrii^tions of land as applied to any owner or 
 owners thereof as compared with the assessment roll of the said county for such year, 
 and if any such difference or discrepancies are found, it shall be the duty of said auditor 
 to correct the same accordingly so that the said roll as to ownerships and descriptions 
 of land and assessments thereof shall correspond to the assessment roll of said county 
 and for such year. And it shall be his duty to audit, enter and certify the same to the 
 tax collector of said county for collection in the same manner and form as county, 
 school district and other taxes are included and certified by him to such tax collector, 
 and all such assessments shall constitute a first lien upon the lands affected thereby as 
 hereinbefore provided.
 
 Act 2266b GESNBRAL LAWS. 1306 
 
 Extra clerical force for auditor. Duty of tax collector. 
 
 The board of supervisors is hereby authorized and empowered to employ what extra 
 clerical force is necessary to perform the additional duties herein prescribed for the 
 auditor. Said extra clerks shall receive as compensation for the work herein provided 
 a per diem not to exceed five dollars which shall be paid by the districts operating 
 under the provisions of this act in proportion to the amount of work done for each 
 and it shall be the duty of the clerk of said board to issue warrants payable to such 
 clerks employed as herein provided out of the funds of the districts, upon the pi'cs- 
 entation of a verified demand, aj^proved by the auditor and the board of supervisors. 
 
 Upon receipt of the same from the auditor of such county it shall be the duty of the 
 tax collector of said county to include the same as a separate entry and charge against 
 the land therein described and to collect the same with the county, school district and 
 other taxes so required to be collected by such county tax collector and to keep and 
 deposit such irrigation district taxes in a separate fund, and when the same is collected 
 it shall be the duty of such tax collector to pay the same over to the treasurer of such 
 county at the same time and in the same manner as other taxes collected by him are 
 paid over to such treasurer, and it shall be the duty of such treasurer to receive the 
 same as other taxes are received by him and after receipt thereof to keep the same in 
 a separate fund and upon receipt of same, or any part thereof, it shall be the duty of 
 such county treasurer within thirty days thereafter to pay the same and all thereof to 
 the treasurer of the state of California, who shall receive and keep the same and 
 deposit the same in a separate fund to the credit of the said district, and to be paid 
 out by him upon the order and approval of the said irrigation board. 
 
 Moneys received under contracts, etc., collected by irrigation board. 
 
 All moneys received under contracts, leases or other arrangements by such irrigation 
 district from any canal companies, mutual or other water companies, reclamation dis- 
 tricts, or from any corporations, individuals, or other sources not herein otherwise 
 provided for, shall be collected by said irrigation board and by it deposited with the 
 state treasurer, and thereafter to be disbursed as provided as to funds of such irriga- 
 tion district under the order and direction of such irrigation board for the purposes 
 and obligations of said irrigation district, including the payment and retirement of 
 outstanding bonds with interest thereon. 
 
 Delinquent taxes. 
 
 From and after the time of the filing of such assessment roll of such irrigation dis- 
 trict with the auditor of any county the taxes therein enumerated, levied and assessed, 
 shall be regarded and treated as are the other taxes of said county or the school dis- 
 tricts thereof and the same shall be included in and considered a part of such taxes 
 and the same shall become delinquent at the same time and in the same manner as such 
 other taxes, and with respect to any delinquency or delinquent notices the same shall 
 become delinquent and notice thereof shall be published with and at the same time and 
 in the same manner as other delinquent taxes and the same shall be similarly treated 
 for all purposes of notice and sale thereof for such delinquent taxes, and shall be sub- 
 ject to redemption from such delinquent irrigation district taxes at the same time and 
 in the same manner and through the same oflQcials as are such other taxes. And any 
 and all charges and penalties in connection therewith shall be similarly charged and 
 collected, and the amounts so collected on account of any such delinquent taxes or 
 interest or penalties thereon shall be received by the county treasurer and paid over 
 to the state treasurer in the same manner as is hereinabove provided, and in the event 
 of the sale of any property for delinquent taxes of such counties or other delinquent 
 taxes, said irrigation district taxes shall be included therein and said property shall 
 be sold therefor in connection with and including such other taxes, and upon a redemj)-
 
 1307 IRRIGATIOiX AND IRRIGATIOIV DISTRICTS, Act 2266b, §g 17a-18 
 
 tion thereof or upon a sale of said lands the said irrigation district taxes shall be 
 included therein and together with interest and penalties thereon the same shall be 
 received and paid over to the county treasurer, and by him paid over to the state 
 treasurer, as hereinbefore provided. 
 
 Defraying expenses prior to making assessment. Ascertainment of assessment. 
 
 § 17a. Upon the organization of an irrigation district hereunder and for the purpose 
 of defraying expenses of such organization, and for any other purposes of this act, 
 prior to the making of the assessment provided for in section seventeen, the directors 
 may incur an indebtedness not exceeding one-half as many dollars as there are acres in 
 the district, and upon the certification thereof to the irrigation board, such board shall 
 cause warrants to issue therefor bearing interest at a rate to be fixed by the board of 
 directors, not to exceed six per centum per annum, and thereafter it shall be the duty 
 of the irrigation board to levy an assessment sufficient to pay said warrants upon all 
 of the lands within the district, in the same manner and at the same time, so far as 
 possible, as other assessments are provided to be levied (except as to the appointment 
 of commissioners). Said assessment shall be ascertained by dividing the number of 
 dollars due or to become due upon the warrants which have been issued by the number 
 of acres in the district, and assessing to each acre the result so obtained. Such assess- 
 ment roll shall be prepared and delivered to the county auditor or auditors by the sec- 
 retary of the irrigation board as provided in section seventeen, and the said amount 
 shall be collected b}' the tax collector of the county in the same manner as is provided 
 for the collection of other assessments levied by the district. 
 
 Where- an irrigation district is organized after the first Tuesday in May of any year, 
 the irrigation board shall nevertheless, at the request of the board of directors of said 
 district, cause an assessment to be levied paj^able at the same time as if levied prior to 
 the first Tuesday in May as in this section provided, of an amount sufficient to defray 
 the exi:)enses of organization and other expenses of the district prior to the levying of 
 the assessment provided for in section seventeen, not, however, to exceed the limit in 
 this section specified, 
 
 ISSUE OF IREIGATION DISTEICT BONDS, 
 
 Issue of bonds. Estimate of amount necessary. Examination by engineer. Special 
 
 election. Evidence of ownership. 
 
 § 18. At any time after the irrigation board shall have made the examinations, sur- 
 veys, plans and estimates of cost for the storage, diversion and distribution of water, 
 and for the other purposes enumerated in this act, and after the same has been entered 
 in the minutes of said board and shall have also had assessed and apportioned upon 
 the lands in any irrigation district organized under the provision of this act the 
 charges and benefits and apportionments provided for in this act, and after such appor- 
 tionment and assessment roll shall have been finally fixed and approved by the said 
 board, and after the same has been entered in the minutes of the said board must, as 
 soon as may be practicable, proceed and issue the bonds of said irrigation district for 
 the purposes aforesaid. 
 
 The said board shall, in connection with the previous estimates made and adopted by 
 it, estimate the amount of money necessary to be raised by such bond issue for the pur- 
 poses of said irrigation district, as aforesaid, and shall ascertain and determine the 
 same and enter its order to that effect in the minutes of said board. And whenever 
 thereafter the construction fund of said irrigation district has been exhausted by 
 expenditures herein authorized, and it is necessary to raise additional money for such 
 purposes, it shall be the duty of said board to estimate and determine the amount of 
 money necessary to be raised for such additional purposes.
 
 A»-t 22eeb GENERAL LAWS. 1308 
 
 For the purposes of such bond issue, or additional bond issue, the said board shall 
 be authorized to employ engineers and other assistants and make all such further exam- 
 inations and estimates as may be necessary, to tix and determine such matters and the 
 conclusion and estimates of said board shall be entered in its minutes. Said irrigation 
 board shall by order entered in its records order a special election to be held at such 
 place or places in said irrigation district as shall be designated by said irrigation board, 
 at which said election there shall be submitted to the owners of land in said irrigation 
 district the question whether or not the bonds of said district shall be issued in the 
 amount specified in the order of said board, and which amount shall be stated in the 
 order for such special election. For all purposes of this act relating to signing peti- 
 tions and voting at any election, and for all other purposes where the question of title 
 to land claimed to be owned by such voter or owner is involved, the equalized assess- 
 ment roll for the year last preceding in each county wherein any land of the said irriga- 
 tion district is situated, shall be sufiflcient evidence of ownership of lands in the irriga- 
 tion district. Guardians, executors, administrators and other persons holding land in 
 a trust capacity under appointment of court may vote without obtaining any special 
 authority therefor. Said irrigation board shall at the time of calling the said election 
 designate in its order the voting place or places at which said election shall be held and 
 where votes shall be cast and shall designate three landholders of the irrigation district 
 to act as a board of election at each voting place. 
 
 Notice. One vote for each acre. 
 
 Notice of such special election must be given by the irrigation board by posting 
 notice thereof in at least three public places in such irrigation district at least twenty 
 days prior thereto, and also by publishing such notice once a week for the same length 
 of time in some newspaper of general circulation, published in each county in which 
 any portion of said irrigation district may be situated, or if there be no newspaper pub- 
 lished in any one of such counties, then in each county wherein such newspaper is pub- 
 lished; and such notice must specify the time and place of holding said election and 
 the aggregate face value of bonds proposed to be issued and the names of three land- 
 holders of said irrigation district to act as a board of election at each polling place. 
 AflSdavits of the publication and posting of such notice must be filed with the secretary 
 of said irrigation board. 
 
 At such election each owner of lands in the district shall be entitled to vote in person 
 or by proxy, and shall have the right to cast one vote for each acre of real estate 
 owned by him in the irrigation district, such ownership to be determined from the 
 next preceding assessment roll of the county or counties in which the lands of the irri- 
 gation district are situated and the irrigation board shall, prior to the election, cause 
 to be prepared and certified and furnished to the board of election at each polling place, 
 a true and correct co2:»y of each of said next preceding assessment rolls so far as such 
 assessment roll applies to any lands within such irrigation district, which said certified 
 roll shall be used by the board of election in determining the number of votes each voter 
 is entitled to cast. Executors, administrators, special administrators and guardians 
 may cast the vote of the estates represented by them. No person shall vote by proxy 
 at such election unless authority to cast such vote shall be evidenced by an instrument 
 in writing, duly acknowledged and certified in the same manner as grants of real prop- 
 ertj- and filed with the board of election. 
 
 Ballots. Oath of election ojG&cers. Polls open. Canvass of votes. Order of irrigation 
 
 board. Result recorded. 
 
 The ballots cast at such election shall contain the words, "bonds, yes" or "bonds, 
 no" and also the name of the person easting the ballot, with the number of votes cast 
 by hi.m. A list of the ballots cast shall be made by the board of election containing the 
 
 I
 
 1309 IRRIGATIOX AND IRRIGATION DISTRICTS. Act 2266b 
 
 name of each voter, and, if the ballots be cast by proxy, the name of the person casting 
 it and the number of votes cast by each and whether the same be cast for or against 
 the issuing of bonds. 
 
 If any person appointed as a member of the board of election shall fail to attend at 
 the opening of the polls, the voters then pi-esent, voting individually, may appoint in 
 his place any landholder in the irrigation district. Each member of said board of elec- 
 tion must, before entering upon his duties, take and subscribe an official oath, to faith- 
 fully perform his duties as an officer of such election, which oath may be administered 
 by any officer authorized to administer oaths, or by a landholder in the irrigation 
 district. 
 
 The polls shall be kept open from ten o'clock a. m. of the day of election until five 
 o 'clock p. m. of that day. 
 
 At the close of the polls the board of election shall at once proceed to canvass the 
 votes and declare the result and shall forward a certificate showing such result and the 
 number of votes cast for and against the issuing of the bonds to the irrigation board 
 and shall also deliver to the said irrigation board all ballots cast at such election and 
 all documents and papers used at such election. 
 
 Said irrigation board shall, upon the receipt of such canvass and declaration of the 
 result from the said board of election, proceed to examine the same and shall ascertain 
 and declare the result as shown by such canvass and declaration, and shall enter an 
 order in its minutes that the said proposition for the issuance of said bonds has been 
 carried or defeated, as the case may be. 
 
 Forthwith, upon the declaration of the result of said election by said irrigation 
 board, the secretary of said board shall make a certified copy of the order of said 
 board, declaring the result of said election, and shall forward said certified copy or 
 copies to the recorder or recorders of the counties in which any land of said irrigation 
 district may be situated, and the same shall forthwith be filed and recorded in said 
 recorder or recorders' office, and shall impart notice to all interested persons as to the 
 result of said election.* 
 
 Contest of election. Hearing. Decision final. Bonds issued. 
 
 Any person owning property within the said irrigation district, liable to assessment, 
 may contest such election, by filing a written contest specifying the grounds of his objec- 
 tions thereto, with said irrigation board, said written contest to be filed within thirty 
 days after the declaration of the result of said election by said irrigation board, and 
 if no such contest and objections be filed within thirty days, no such contest and objec- 
 tions shall thereafter be received or filed. Such written contest shall specify the 
 ground or grounds of contest to said election, and upon the filing of the same with said 
 irrigation board it shall expeditiously set the said contest for hearing, and shall have 
 the right to postpone the hearing for such time as may be necessary, but not otherwise, 
 and shall expeditiously hear and determine the same. For the purposes of such hear- 
 ing the board may by subpoena signed by the secretary under its seal compel the 
 attendance of witnesses and the production of evidence. Disobedience of such subpoena 
 or of any lawful order of the board in the premises shall constitute a contempt of the 
 authority of the board punishable by the board in accordance with title five of part 
 three of the Code of Civil Procedure, and shall also constitute a misdemeanor under 
 section one hundred sixty-six of the Penal Code. Said irrigation board shall, upon the 
 conclusion of said hearing of said contest, proceed forthwith to enter its order and 
 decision thereon. Such decision on the part of said irrigation board shall be final, con- 
 clusive and binding upon all parties interested as to validity and as to result of such 
 election and shall be subject to review only in the event suit is brought by the said 
 irrigation district or by some person or corporation or association authorized to bring
 
 Act 22G6b GENERAL LAWS. 1310 
 
 the same to determine the question of the validity of the said bond issue, and in the 
 determination and adjudication of the question of the validity of said bond issue, as 
 hereinafter specified, the court may review and consider the validity of said election 
 for the issuance of said bonds, but in such action the certificate and determination of 
 said irrigation board shall be received and accepted by the court as prima facie evidence 
 of the result as to the validity of said election and the regularity of the canvassing, 
 counting and return of the votes cast at said election. If a majority of the votes cast 
 at such an election is in favor of the issuance of bonds, the irrigation board shall after 
 canvassing the returns and declaring the result of said election cause bonds of said 
 irrigation district in the amount stated in the order for the election to be issued, exe- 
 cuted and delivered to the state treasurer of the state of California. Said bonds shall 
 be of the denomination of not less than one hundred dollars nor more than one thou- 
 sand dollars each; they shall be signed by the president of the irrigation board and 
 attested by the secretary thereof, and shall be numbered consecutively in the order of 
 their maturity, and shall bear interest at the rate not exceeding six per centum per 
 annum, payable semiannually on the first day of January and the first day of July in 
 each year, at the oflBee of said state treasurer, upon the presentation of the proper cou- 
 pons therefor. Coupons for each installment of interest shall be attached to said bonds 
 and shall bear the facsimile signature of the state treasurer of the state of California. 
 
 Principal. 
 
 The principal of said bonds shall be made payable, by an order entered into the 
 minutes of the irrigation board, upon the first day of July or the first day of January, 
 and in such years as the irrigation board may prescribe. Said bonds shall be payable 
 serially within forty years from their date in the manner following, to wit: 
 
 Amount payable yearly. 
 
 Not less than five per cent of the aggregate face value of the bonds issued shall be 
 payable each year, beginning not later than the twentieth year from their date until 
 the whole amount of said bonds have been paid. 
 
 Said irrigation board, subject to the provisions of this act, is authorized and em- 
 powered to take all such actions and make all such orders as may be necessary in con- 
 nection with the issuance, sale and disposition of said bonds. 
 
 Form of bonds. 
 
 Said bonds may be substantially in the following form: 
 
 UNITED STATES OF AMERICA. 
 
 STATE OP CALIFORNIA. 
 
 No $ 
 
 Name of district Irrigation District 
 
 Organized under California irrigation act of 1919. 
 (Name of district) Irrigation District, for value received, hereby acknowledges itself 
 indebted to and promises to pay to the holder hereof at the office of the state treasurer 
 
 of the state of California, on the first day of 19 the sum of 
 
 $ , in gold coin of the United States of America, with interest 
 
 thereon in like gold coin from date hereof until paid, at the rate of per cent 
 
 per annum, payable at the office of said treasurer semiannually on the first day of 
 January and the first day of July in each year on presentation and surrender of the 
 
 interest coupons hereto attached. This bond is one of a series of bonds of 
 
 like tenor and effect, except as to denomination and maturity, numbered from 
 
 to inclusive, amounting in the aggregate to $ issued in 
 
 accordance with the California irrigation act of 1919, pursuant to an election held in 
 said district on the day of 19. . ., authorizing its issuance
 
 1311 IRRIGATION AXD IRRIGATION DISTRICTS. Act 22e0b 
 
 and is based upon and seeui'ed by a lien upon and a valuation and apporfionment levied 
 on the land in said irrigation district and filed in the office of the state irrigation board 
 
 on the day of , 19 ; and the said district does hereby 
 
 certify and declare that said election was duly called and held upon due notice, and the 
 result thereof was duly canvassed and ascertained, in pursuance of and in -strict con- 
 formity with the laws of the state of California applicable thereto, and that all of the 
 acts and conditions and things required by law to be done precedent to and in the issue 
 of said bonds have been done and have been performed in regular and in due form and 
 in strict accordance with the provisions of the law authorizing the issuance of such 
 irrigation district bonds. 
 
 In testimony whereof, the said irrigation district, acting by and through the irriga- 
 tion board of the state of California, has caused this bond to be signed by the president 
 of said irrigation board, and attested by the secretaiy thereof, with his seal of office 
 
 affixed, this day of ,19 
 
 By 
 
 President of said board. 
 Attest : 
 
 Secretary of said board. 
 Form of interest coupon. 
 
 And the interest coupon may be substantially in the following form : 
 No .. $ 
 
 The state treasurer of the state of California will pay to the holder hereof on the 
 
 day of , 19 , at his office -in the city of Sacramento, 
 
 state of California, the sum of $ in gold coin of the United States out 
 
 of the funds of irrigation district for interest on 
 
 bond of said irrigation district numbered 
 
 State treasurer. 
 Sale of bonds by state treasurer. Action to determine if bonds are legal obligation. 
 
 The state treasurer shall place the bonds prepared pursuant to this act to the credit 
 of the irrigation district and the irrigation board may in its discretion direct the state 
 treasurer to sell the whole or any designated number of said bonds for the best price 
 obtainable therefor, but in no event for less than ninety per cent of the face value of 
 said bonds and the accrued interest thereon. Before making a sale of said bonds, 
 notice shall be given by the state treasurer by publication at least once a week for 
 three weeks in a newspaper of general circulation published in the city of Sacramento, 
 and also one or more papers in the county in which the greater portion of said irriga- 
 tion district is situated, that he will sell a specified amount of said bonds, and stating 
 the day, hour and place of such sale, and asking sealed proposals for the purchase of 
 said bonds, or any part thereof. At the time appointed the state treasurer shall open 
 the bids and award the bonds to the highest responsible bidder. He may reject any 
 and all bids. Any sale by the state treasurer and delivery of the bonds thereunder 
 shall be conclusive evidence in favor of the purchaser and all subsequent holders of the 
 bonds that such sale was made upon due authority and notice. The proceeds of sale 
 of said bonds shall be placed in the state treasury to the credit of said irrigation dis- 
 trict, and a proper record of such transaction shall be made upon his books. At any 
 time after said bonds shall have been delivered to the state treasurer, an action may 
 be commenced in the superior court of the county within which is situated the largest 
 area of land within said irrigation district by the irrigation board in the name of the 
 irrigation district or by any person owning property within the said irrigation district
 
 Act 220Cb GEIVERAI, LAWS. 1312 
 
 liable to assessment. Such action shall be brought and prosecuted against the lands 
 in said irrigation district and all persons owning the same or interested therein, to 
 have it determined as to whether or not said bonds when sold will be a legal obligation 
 of such irrigation district. It shall be sufficient to describe said lands as all lands in 
 the irrio'ation district (naming it) without a more specific description. The summons 
 shall be published once a week for three weeks in some newspaper of general circula- 
 tion published in the county where the action is pending. Within thirty days after 
 the first publication of summons any owner of land in such irrigation district, or any 
 j)erson interested, may appear and answer the complaint, which answer shall set forth 
 the facts relied upon to show the invalidity of said bonds. The default of all defendants 
 not so appearing may be entered. Such action shall be given precedence in hearing and 
 trial over all other civil actions in such court and judgment rendered declaring such 
 matter so contested either valid or invalid. Any party not in default may have the 
 right to appeal to the supreme court within thirty days after entry of judgment and 
 said appeal and the hearing thereof shall be expedited in said court. Judgment for the 
 jdaintiff in such proceedings shall be considered as a judgment in rem and shall be 
 conclusive against said district and against all lands therein and all owners thereof and 
 all other interested persons. 
 
 Warrants. 
 
 The irrigation board may draw warrants upon the state treasurer against the funds 
 provided by sale of said bonds. 
 
 The money derived from the sale of any of said bonds shall be received by the state 
 treasurer and shall by him be safely kept and placed to the credit of said irrigation 
 district in a fund to be designated in the name of such irrigation district for the said 
 irrigation district and may be drawn and expended upon warrants drawn against said 
 fund as in this act provided. 
 
 Bonds legal investment. 
 
 Bonds of any irrigation district issued pursuant to the provisions of this act which 
 are investigated and approved by any commission or officer now or hereafter authorized 
 by a law of this state to conduct such approval and by authority of which approval 
 said bonds are declared to be legal investments for savings banks may be lawfully pur- 
 chased or received in pledge for loans by banks, trust companies, guardians, executors, 
 administrators and special administrators, or by any public officer or officers of this 
 state, or of any county, city, city and county or other municipal or corporate body 
 within the state having or holding funds which they are allowed by law to invest or 
 loan. 
 Additional bond issue. 
 
 If after said irrigation district has authorized the issuance and sale of a series of 
 bonds under this act, it shall become necessary so to do an additional bond issue or 
 series of bonds may be authorized and sold and all proceedings shall be had and taken, 
 and all procedure in connection with said second issue or series of bonds shall be had 
 and taken in accordance with the provisions of this act as to the first issue of bonds; 
 provided, that said second issue or series of bonds shall not be issued so as to in any 
 manner interfere with the lien or security of the payment of the first issue of bonds, 
 and said second issue or series of bonds shall, as to the lien thereof and as to the 
 security of same, be subsequent and subordinate and subject to such first bond issue. 
 
 MISCELLANEOUS. 
 Not applicable to counties with charter or city and county. 
 
 ^ 19. Nothing in this act contained shall affect, or apply to, any irrigation, protec- 
 tion, flood control, conservation, or other improvement district situated wholly or in 
 
 I
 
 I 
 
 I 
 
 1313 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266c, §§ 1, 3 
 
 part within any county which has adopted a charter pursuant to section seven and one- 
 half of article eleven of the constitution of California, ratified and approved as pro- 
 vided therein, prior to June 4, 1915, or within any city and county; and said board 
 shall have no power of jurisdiction within any of said districts or within such counties 
 or city and county. 
 
 Stats. 1917, p. 1068, repealed. Proceedings initiated under former acts. 
 
 $ 20. The California irrigation act, approved June 4, 1915, and chapter six hundred 
 forty-six of the statutes of 1917, approved May 28, 1917, amendatory thereof, are hereby 
 repealed; but any petition circulated for signature pursuant to the provisions of said 
 amendatory act and prior to the effective date of this act may be filed as though pre- 
 pared pursuant to the provisions hereof, and any proceeding initiated under said 
 amendatory act but not completed prior to the effective date of this act, may be com- 
 pleted hereunder, all proceedings subsequent to such effective date, however, to be in 
 confomiity with the provisions hereof; and any district organized under the provisions 
 of the acts hereby repealed sball be subject in all respects to the provisions of this act; 
 and provided, further, that such repeal shall not affect the tenure of office of the present 
 members of the irrigation board and that neither such repeal nor anything in this act 
 contained shall affect the right of said board to any funds heretofore appropriated for 
 the use of said irrigation board, and all such funds heretofore appropriated shall be 
 used by said board to the extent and for the purposes for which the same were appro- 
 priated. 
 
 DISTRICT CO-OPERATION WITH FEDERAL RECLAMATION SERVICE. 
 ACT 2266c — An act to authorize irrigation districts to co-operate and contract wjth 
 the United States under the provisions of the federal reclamation laws for a water 
 supply, or the construction, operation or maintenance of works, including drainage 
 works, or for the assumption by the district of indebtedness to the United States on 
 account of district lands; and to provide the manner and method of payments to the 
 United States under such contract, and for the apportionment of assessments, and 
 levy thereof, upon the lands of the district to secure revenue for such payments, and 
 to provide for the judicial review and determination of the validity of the proceed- 
 ings in connection with such contract. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 243. 
 
 Irrigation districts may co-operate with the United States. 
 
 § 1. In addition to the powers with which irrigation districts have been vested 
 under the act approved March 31, 1897, and acts amendatory thereof or supplementary 
 thereto and acts of or to which said act is amendatory or supplementary, irrigation dis- 
 tricts heretofore or hereafter organized under said acts shall have the following pow- 
 ers: To co-operate and contract with the United States under the federal reclamation 
 act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any 
 other act of congress heretofore or hereafter enacted authorizing or permitting such 
 co-operation, for purposes of construction of works, whether for irrigation or drain- 
 age, or both, or for the acquisition, purchase, extension, operation or maintenance of 
 constructed works, or for a water supply, or for the assumption as principal or guar- 
 antor of indebtedness to the United States on account of district lands. 
 
 Powers of board of directors. Transfer of bonds. Appointment as fiscal agent. 
 
 $ 2. The board of directors shall generally perform all such acts as shall be neces- 
 sary to carry out the enlarged powers in this act enumerated. Said board may enter 
 into any obligation or contract with the United States for the aforesaid purposes, and 
 may provide therein for the delivery and distribution of water for the lands of such 
 
 Gen. Laws — 83
 
 Act 2266c, § 3 GE^NE^RAL LAWS. 1314 
 
 district under the aforesaid acts of congress and the rules and regulations established 
 thereunder. The contract may provide for the conveyance to the United States as par- 
 tial consideration for the privileges obtained by the district under said contract, of 
 water rights or other property of the district; and in case contract has been or may 
 hereafter be made with the United States as herein provided, bonds of the district may 
 be transferred to, or deposited with the United States, if so provided by said contract 
 and authorized as hereinafter set forth, at not less than ninety-five per cent of their 
 par value, to the amount to be paid by the district to United States or any part thereof; 
 the interest, or principal, or both, on said bonds to be raised by assessment and levy 
 as hereinafter prescribed, and to be regularly paid to the United States and applied as 
 provided in said contract. Bonds transferred to or deposited with the United States 
 may call for the payment of such interest not exceeding six per cent per annum, may 
 be of such denomination, and may call for the repayment of the principal at such times 
 as may be agreed upon between the board and the secretary of the interior. The con- 
 tract with the United States may likewise call for the payment of the amount ov 
 amounts to be paid by the district to the United States or any part thereof at such 
 times and in such installments and with such interest charges not exceeding the afore- 
 said rate as may be agreed upon, and for assessment and levy therefor as hereinafter 
 provided. Moreover the board may accept on behalf of the district, appointment of 
 the district as fiscal agent of the United States, or authorization of the district by the 
 United States to make collection of moneys for or on behalf of the United States in con- 
 nection with any federal reclamation pi'ojeet, whereupon the district shall be author- 
 ized so to act and to assume the duties and liabilities incident to such action, and the 
 said board shall have full power to do any and all things required by the federal statutes 
 now or hereafter enacted in connection therewith, and all things required by the rules 
 and regulations now or that may hereafter be established by any department of the 
 federal government in regard thereto. Districts co-operating with the United States 
 may rent or lease water to private lands, entrymen, or municipalities in the neighbor- 
 hood of the district, in pursuance of contract with the United States. 
 
 Election on proposal to enter contract. Notice. Ballots. 
 
 $ 3. Any proposal to enter into a contract with the United States for the repayment 
 of construction moneys, the cost of a water supply or the acquisition of property, and 
 to issue bonds, if any be proposed, shall be voted upon at an election wherein proceed- 
 ings shall be had in so far as applicable in the manner provided in the case of the 
 ordinary issuance of district bonds. Said proposal, with such plans and estimates of 
 cost as have been made in connection therewith, shall be submitted to the state engi- 
 neer for his examination and report, and the proceedings in that regard shall be in 
 accord with section thirty of the act approved March 31, 1897, as amended, in so far 
 as the same may be applicable. Notice of the election herein provided for shall con- 
 tain in addition to the information required in the case of ordinary bond election a 
 statement of the maximum amount of money to be payable to the United States for 
 construction purposes, cost of water supply and acquisition of property, exclusive of 
 penalties and interest, together with a general statement of the property, if any, to be 
 conveyed by the district as hereinabove provided. The ballots at such election shall 
 contain a brief statement of the general purpose of said contract and the amount of 
 the obligation to be assumed, as aforesaid, with the words "Contract — Yes," and 
 Contract — jSTo," or "Contract and bonds — Yes," and "Contracts and Bonds — No," as 
 the case may be. The board of directors may submit any such contract or proposed 
 contract and bond issue if any, to the superior court of the county wherein is located 
 the office of said board to determine the validity thereof and the authority of the 
 board to enter into such contract, and the authority for and validity of the issuuuv;c' and
 
 1315 IRRIGATION AND IRRIGATION DISTRICTS. Act 2266c, §§ 4-7 
 
 deposit or transfer of said bonds; whereupon the same proceedings shall be had as in 
 the ordinary case of the judicial determination of the validity of bonds and with like 
 effect. 
 
 Distribution of water. 
 
 $ 4. All water, the right to the use of which is acquired by the district under any 
 contract with the United States shall be distributed and apportioned by the district in 
 accordance with the acts of congress applicable thereto, the rules and regulations of the 
 secretary of the interior thereunder, and the provisions of said contract, and provision 
 may be made in the contract between the district and the United States for the refusal 
 of water service to any or all lands which may become delinquent in the payment of 
 any assessment levied for the purpose of carrying out any contract between the district 
 and the United States. 
 
 Rights of way conveyed. 
 
 $ 5. Any rights of way or other property owned or acquired by the district may be 
 conveyed by the boai-d to the United States in so far as the same may be needed for 
 the construction, operation and maintenance of works by the United States for the 
 benefit of the district under any contract that may be entered into with the United 
 States pursuant to this act. 
 
 Payments by annual assessment. 
 
 $ 6. All payments due or to become due to the United States under any contract 
 between the district and the United States, including such payments of interest and 
 principal on bonds as may be required in connection with a deposit or transfer thereof 
 to the United States, shall be paid, unless otherwise provided by contract, by revenue 
 derived from annual assessments, apportioned as hereinafter prescribed, and levies 
 thereof, upon such real property within the district as may be assessable for district 
 purposes under the laws of the state, and such real property shall be and remain liable 
 to be assessed and levied upon for such payments as herein provided. It shall be the 
 duly of the board of directors annually to levy an assessment sufficient to raise the 
 money necessary to meet all payments when due as provided in the contract. All 
 money collected in pursuance of such contract by assessments and levies, or otherwise, 
 shall be paid into the district treasury and held in a fund to be known as the "United 
 States contract fund," to be used for payments due to the United States under any 
 such contract. Public lands of the United States within any district shall be subject 
 to assessment for all purposes of this act to the extent provided for by the act of con- 
 gress approved August 11, 1916, entitled "An act to promote reclamation of arid 
 lands," or any other law which may hereafter be enacted by congress in the same 
 relation, upon full compliance therewith by the district. Nothing in this act contained 
 shall be construed to relieve the district from obligation to pay as a district in case of 
 default of any land, unless so provided by the said contract between the district and 
 the United States. 
 
 Apportionment of assessment. 
 
 $ 7. The assessment required in any year to meet the payment due to the United 
 States for all purposes under the contract as in this act provided may be apportioned in 
 accordance with the benefits, and in the ascertainment of such benefits there shall be 
 taken into account the provisions of the contract between tht United States and the 
 district, the federal laws applicable thereto, and the notices and regulations issued in 
 pursuance of said laws, and in case such contract is for the assumption by the district 
 as principal or guarantor of indebtedness to the United States theretofore existing on
 
 Act 2266d, §§ 1, 2 GENERAL. LAWS. 1316 
 
 account of district lands, there shall be further taken into account the provisions of 
 existing contracts carrying such indebtedness and the amounts of such liens as may 
 be released in pursuance of the contract between the United States and the district. 
 
 Change in boundaries. 
 
 § 8. Where contract shall have been entered into between the United States and 
 any irrigation district the district shall not be dissolved, nor shall the boundaries be 
 changed, except upon written consent of the secretary of the interior filed with the 
 official records of the district. If such consent be given and lands be excluded, the 
 areas excluded shall be free from all liens and charges for payments to become due to 
 the United States. 
 
 Acts in force. 
 
 5 9. The provisions of the general irrigation district act, approved March 31, 1897, 
 and acts amendatory thereof or supplemental thereto, shall be and remain in force as 
 regards in-igation districts in this act referred to except in so far as herein modified 
 expressly or by necessary implication; and nothing in this act shall be so construed 
 as to affect irrigation district operations not related to co-operation with the United 
 States. However, the provisions of section fifty-three of said act, approved March 31, 
 1897, shall not apply in case of any contract between an irrigation district and the 
 United States. 
 
 CONTRACTS WITH FEDERAL RECLAMATION SERVICE. 
 
 ACT 2266d — An act authorizing and empowering irrigation and reclamation districts 
 
 to enter into contracts with the United States reclamation service for the reclamation 
 
 of lands within such districts under the provisions of the so-called "twenty year 
 
 extension act. ' ' 
 
 History: Approved May 21, 1917. In effect July 27, 1917. Stats. 
 1917, p. 781. 
 
 Irrigation and reclamation districts may contract with the U. S. Reclamation Service. 
 $ 1. The board of trustees, or directors of any irrigation or reclamatiou district 
 now organized under the provisions of the laws of the State of California, or of any irri- 
 gation or reclamation district hereafter organized under the laws of the state of Cali- 
 fornia, may, in their discretion, whenever it is determined by such board that it is for 
 the best interests of such districts, enter into a contract with the proper officers of the 
 United States Reclamation Service for the reclamation, either by drainage or irrigation 
 of lands within the boundaries of such district, or by preventing high water from over- 
 flowing the same, under the provisions of an act of congress approved August 13, 1914, 
 entitled "An act extending the period of pa3'ment under reclamation projects, and for 
 other purposes," which act is commonly known as the twenty year extension act, and 
 from and after the execution of such contract, the amount of indebtedness created 
 thereby shall be and become a lien upon the lands to be benefited by such reclamation 
 work. 
 
 Payment of amounts due. 
 
 $ 2. The board of trustees or directors of any irrigation or reclamation district 
 above mentioned, shall provide by a resolution duly adopted at a regular meeting, or 
 special meeting of such board called for the purpose, for the payments of the amounts, 
 to become due under the contract with the United States, according to the provisions 
 of such contract, by assessment upon the lands, in such district, which are to be bene- 
 fited by such work, such assessment to be collected by the tax collector of the county 
 within which such lands are situated, the same as other taxes are collected, or by any 
 other officer authorized by law to collect assessments within said district.
 
 1317 IRRIGATION AND IRRIGATION DISTRICTS. Act 226«e, §§ 1-3 
 
 DEFINING "PRIVATE IRRIGATION PLANT." 
 ACT 2266e — An act defining a private irrigation plant and mutual water company and 
 providing the conditions under which the owner of a private irrigation plant or a 
 mutual water company may deliver water to others or others than its stockholders or 
 members without becoming a public utility, and limiting such authority to the time 
 the United States is a party to war or to a state of war; and declaring this act to be 
 an urgency measure. 
 
 History: Approved May 5, 1917. In effect immediately. Stats. 1917, 
 p. 281. 
 
 ' * Private irrigation plant. " " Mutual water company. ' ' 
 
 $1, (a) The term "private irrigation plant," when used in this act, shall be con- 
 strued to mean a water system which is not operated by a mutual water company a« 
 herein defined or by a public utility as defined in the public utilities act, approved 
 December 23, 1911, and acts amendatory thereof, or in the act entitled "An act provid- 
 ing for the regulation of water companies, defining their powers and duties, defining 
 the powers and duties of the railroad commission with reference thereto, and defining 
 the conditions under which such water companies become subject to the provisions of 
 the public utilities act and the railroad commission of the state of California," ap- 
 proved April 25, 1913. 
 
 (b) The term "mutual water company," when used in this act, means any private 
 corporation or association organized for the purpose of delivering water solely to its 
 stockholders or members at cost. 
 
 Water may be delivered to other than stockholders, when statement filed with railroad 
 
 commission. 
 
 $ 2. For the sole purpose of increasing the output of agricultural products in this 
 state during the time the United States is a party to war or to a state of war, the 
 owner of any private irrigation plant or any mutual water company may at its option 
 deliver water to others or others than its stockholders or members, with or without 
 compensation, without becoming a public utility subject to the jurisdiction of the rail- 
 road commission of the state of California ; provided, that no delivery of water to others 
 than stockholders or members shall be authorized until the orders for water of all 
 stockholders or members made in accordance with the constitution, by-laws, rules or 
 regulations of such mutual water company have been filled; and provided, further, 
 that the temporary service herein authorized shall not be construed as granting any 
 right to render or receive such service more than six months after such war need has 
 ceased; and provided, further, that after June first, one thousand nine hundred seven- 
 teen, no such temporary service of water shall be made unless a statement is first filed 
 with the railroad commission stating the private irrigation plant or mutual water com- 
 pany rendering such service, the party receiving such service, the lands irrigated and 
 the rate, if any, charged for such service. 
 
 Urgency measure. 
 
 § 3. This act is hereby declared to be an urgency measure, and under the provisions 
 of section one of article IV of the constitution of the state of California shall take 
 effect immediately. The facts constituting such urgency are as follows : The United 
 States is now in a state of war and there is a shortage of crops in this state and 
 throughout the nation generally. It is therefore necessary for the immediate preserva- 
 tion of public safety that this act take effect immediately so that the use of water in 
 the irrigated area and the resulting crop returns of the state may be increased to the 
 maximum output without delay.
 
 Act 22CCf, 8§ 1-C GENERAL LAWS. 1318 
 
 DISTRICT CO-OPERATION WITH ADJOINING DISTRICTS IN OTHER STATES. 
 
 ACT 2266f — An act to provide for co-operation in acquisition, construction and man- 
 agement of irrigation and drainage works between irrigation districts organized or 
 existing under or by virtue of an act entitled "An act to provide for organization and 
 government of irrigation districts and to provide for the acquisition thereby of works 
 for the irrigation of the lands embraced within such districts, and also to provide for 
 the distribution of water for irrigation purposes," approved March 31, 1897, and 
 contiguous or adjoining districts in or organized under the laws of other states. 
 History: Approved May 23. 1917. In effect July 27, 1917. Stats. 
 1917, p. 905. 
 
 Irrigation districts may co-operate with districts in adjoining states. 
 
 ^ 1. It shall be lawful for irrigation districts organized or existing under or by 
 virtue of an act entitled "An act to provide for the organization and government of 
 irrigation districts, and to provide for the acquisition or construction thereby of works 
 for the irrigation of the lands embraced within such districts, and also to provide for 
 the distribution of water for irrigation purposes," approved March 31, 1897, to enter 
 into agreements with irrigation districts in adjoining states for the joint construction, 
 acquisition, management and control of diverting, impounding or distributing works 
 for ii-rigation or draining the lands within the boundaries of their respective districts. 
 
 Contracts. 
 
 5 2. Such agreements may be evidenced by written contracts executed on behalf of 
 their respective boards of directors or trustees, or by resolutions entered upon their 
 respective minutes. Such contracts or certified copies thereof and certified copies of 
 such resolutions shall be recorded in the office of the county recorder in each county 
 in which is situated any of the lands of said districts or any of the reservoir sites or 
 other real property owned by said districts or acquired under the provisions of this act. 
 
 Ownership of property. 
 
 § 3. Such agreements may provide for joint or several OAvnership or ownership in 
 common of the property, necessary or convenient for the purposes of this act and may 
 provide for the terms and conditions under which or the respective proportions in 
 which such property shall be held. Any rights or disputes arising out of or from said 
 agreements may be tried before and enforced by any court of competent jurisdiction 
 in the state. 
 
 Meetings held in adjoining state legal. 
 
 § 4. Any meeting of the board of drectors of any such district, held in conjunction 
 with the board of directors of the co-operating district, in such district in the adjoining 
 state, if duly and regularly called as required by law or if regularly adjourned to, shall 
 be as lawful and valid as if held at the office of the board of directors of such district 
 in this state. 
 
 Lawful to divert water from state. 
 
 ^ 5. It shall be lawful, for the purposes of such co-operative action to divert water 
 from this state for impounding in the adjoining state or otherwise for distribution to 
 the lands of the co-operating districts regardless of the state in which such lands are 
 situated or to divert water from such adjoining state for impounding or otherwise for 
 distribution to the lands of such co-operating districts in this or the adjoining state. 
 
 Districts may hold property in adjoining state. 
 
 ^ 6. So far as may be necessary for fully carrying out the purposes of this act such 
 co-operating district in the adjoining state may hold title to property, in this state and 
 such co-operating district in this state may hold title to property in the adjoining state. 
 
 i
 
 1310 IRRIGATION AJVD IRRIGATION DISTRICTS. Acts 2266i£, 2::CCli, g 1 
 
 DRAINAGE BY IRRIGATION DISTRICTS. 
 ACT 2266g — An act to provide for drainage by irrigation districts. 
 
 History: Approved March 18, 1907. Stats. 1907, p. 569. 
 
 Irrigation district may provide for drainage. 
 
 § 1. Any irrigation district heretofore organized or hereafter to be organized under 
 the laws relating to such districts may provide for any and all drainage made necessary 
 by the irrigation provided for by such laws; and the officers, agents and employees of 
 such districts shall have the same powers, duties and liabilities respecting such drainage, 
 and the construction, repair, maintenance, management and control thereof as they now 
 have or may hereafter have respecting such irrigation, and all laws respecting such 
 irrigation or such irrigation districts shall be so construed, applied and enforced as to 
 apply to such drainage as well as such iiTigation. 
 
 Duty of board of directors. 
 
 § 2. Whenever it appears necessary, or proper, or beneficial to the lands affected 
 thereby, to drain such lands or any portion thereof on account of the irrigation which 
 has been done, or which is intended to be done under such laws, whether for the pur- 
 pose of more beneficially carrying on such irrigation, or to protect such districts from 
 liability by reason of such irrigation, whether the irrigation works have already been 
 constructed or not, it shall be the duty of the board of directors to provide for such 
 drainage, and said board and its officers, agents and employees shall do all necessary 
 and proper acts for the construction, repair, maintenance and management of drainage 
 work for such purpose. 
 
 Time of taking effect of act. 
 
 § 3. This act shall take effect immediately. 
 
 DEVELOPMENT OF ELECTRIC POWER. 
 ACT 2266h — An act to provide for the development of electric power by irrigation 
 districts. 
 
 History: Approved May 21, 1919. In effect July 22, 1919. Stats. 
 1919, p. 778. 
 
 Irrigation districts may maintain electrical power plants. 
 
 $ 1. Any irrigation district heretofore organized or hereafter to be organized under 
 the laws relating to such district may provide for the construction, operation, leasing 
 and control of plants for the generation, distribution, sale, and lease of electrical 
 energy, including sale to municipalities, corporations, public utility districts or indi- 
 viduals, of electrical power so generated; and said district, subject however to 
 the conditions in this section contained, may make special appropriations of 
 water for power purposes, as required bj' law; provided, however, that any use of 
 water for generating such electrical power or energy at any given time of the year, 
 which use is in excess of the water appropriated and beneficially used for irrigation 
 puiposes by such district at said period of the year, shall be subject to all prior exist- 
 ing appropriations by any municipal corporation, who or which is proceeding in good 
 faith in the expenditure of money and the construction of works designed to divert the 
 water appropriated; and the officers, agents, and employees of such districts shall have 
 the same powers, duties and liabilities respecting such power and the construction, 
 repair, maintenance, management, and control thereof as they now have or may here- 
 after have respecting such irrigation or such irrigation districts. The California irri- 
 gation district act shall be so construed, applied and enforced as to apply to suoh 
 power as well as such in-igation.
 
 Acta 2266J, 22C7 GBKKRAL. LAWS. 1320 
 
 Management of works. 
 
 ^ 2. The board of directors of any irrigation district and its officers, agents, and 
 employees, shall do all necessary and proper acts for the construction, repair, mainte- 
 nance, and management of such electrical power works for such puiposes. 
 
 Bonds. 
 
 $ 3. In case funds are not otherwise available the irrigation district may issue bonds 
 for such purpose and all of the provisions of the California irrigation district act, relat- 
 ing to the issuance of bonds for other purposes in so far as the same are applicable to 
 said bonds shall apply. 
 
 Repealed. 
 
 v3 4. All acts or parts of acts in conflict with any of the provisions of this act are 
 hereby repealed. 
 
 ASSESSMENT OF STATE LAND. 
 ACT 2266J — An act to promote the reclamation of arid land and to provide that certain 
 land belonging to the state of California, within the boundaries of an irrigation dis- 
 trict shall be subject to the assessments levied in said district. 
 
 History: Approved May 25, 1917. In effect July 27, 1917. Stats. 
 1917, p. 936. 
 
 State lands within irrigation districts subject to assessment. 
 
 § 1. Whenever there shall be included in any irrigation district organized and exist- 
 ing under the laws of this state, public lands belonging to the state subject to entry, 
 or which have been entered, and for which no certificates of purchase have been issued, 
 such lands are hereby made and declared to be subject to all of the provisions of law 
 relating to the organization, government and regulation of irrigation districts to the 
 same extent and in the same manner in which the lands of a like character held under 
 private ownership are or may be subject to such law; provided, however, that nothing 
 herein contained shall be construed as creating any obligation against the state of Cali- 
 fornia to pay any of said charges, assessment or debt. 
 
 Notices served on surveyor general. 
 
 ^ 2. All notices required by the act under which such district is organized shall, 
 as soon as such notices are issued, be served upon the surveyor general of the state of 
 California by mailing to his office a copy thereof enclosed in a sealed envelope with 
 postage prepaid. 
 
 Assessment lien. 
 
 $ 3. No public lands which were unentered at the time any assessment was levied 
 against the same by such iiTigation district shall be sold for such assessment, but such 
 assessment shall be and continue a lien upon such land, and no patent shall issue there- 
 for until the applicant shall present a certificate from the proper district oflScer show- 
 ing that no unpaid assessments or charges are due and delinquent against said land. 
 
 COUNTY IRRIGATION DISTRICTS. 
 ACT 2267— An act to provide for the formation, management and dissolution of comity 
 irrigation districts; for supplying the inhabitants thereof with water; for levying 
 and collecting taxes on property in such districts; and for the issuance of county 
 irrigation district bonds and the payment thereof. 
 
 History: Approved June 13, 1913. In effect August 10, 1913. Stats. 
 1913, p. 785. See editor's note. 
 
 Kditor'M note: The title of this act was word "waterworks" In the place of the 
 nmended June 5, 1915. In effect August 8, word "Irrlg-atlon," where It appears. Twelve 
 1015, Stats. 1915, p. 1188, by Inserting the of the sixteen sections of the original act 
 
 t
 
 13iX IRRIGATION AND IRRIGATION DISTRICTS. Acts 2267a, 2267b, 
 
 691.2 
 
 were amended by the same act, and a new which the new act will be found In full in 
 sectiftn added, making a "county water- the chapter on "water districts." — See, post, 
 works districts" law instead of a "county Act 5505. 
 irrigation districts" law; in consequence of 
 
 VALIDATION OF COUNTY IRRIGATION DISTRICTS. 
 ACT 2267a — An act to validate the formation of certain districts formed under the pro- 
 visions of an act entitled "An act to provide for the formation, management and 
 dissolution of county irrigation districts; for supplying the inhabitants thereof with 
 water; for levying and collecting taxes on property in such districts; and for the 
 issuance of county irrigation district bonds and the payment thereof," approved 
 June 13, 1913, and to validate the issuance and sale of certain bonds thereof. 
 
 History: Approved April 10, 1915. In effect August 8, 1915. Stats. 
 1915, p. 48. 
 
 County irrigation districts validated. 
 
 $ 1. In any district, organized, or attempted to be organized, under the provisions of 
 an act entitled "An act to provide for the formation, management and dissolution of 
 county irrigation districts; for supplying the inhabitants thereof with water; for levy- 
 ing and collecting taxes on property in such districts; and for the issuance of county 
 irrigation district bonds and the payment thereof," approved June 13, 1913, or as the 
 same may have been or shall be amended at the time this act becomes effective, where 
 acts or proceedings have been taken for the purpose of the formation of such a district, 
 and of authorizing the issuance and sale of bonds; and where the formation of such 
 district and the authorization of such issue and sale of bonds shall have been approved 
 by a majority vote of the qualified electors of such district voting upon the question of 
 the formation of such district and the authorization of the issuance and sale of such 
 bonds, all such acts and proceedings leading up to and including the formation of any 
 such district and the authorization of the issuance and sale of any such bonds, are 
 hereby legalized, ratified, confirmed, and declared validated to all intents and purposes, 
 and the power of anj-^ such district and of the pi'oper officers to issue and sell such bonds 
 is hereby ratified, confirmed, and declared, and any such bonds already sold at not less 
 than their par value are declared to be, and any such bonds hereafter sold at not less 
 than their par value shall be, a legal and binding obligation of and against such district, 
 having heretofore authorized the issuance and sale of such bonds, and the faith and 
 credit of any such district is hereby pledged for the prompt pajrment and redemption 
 of the principal and interest of said bonds of such district, in the manner provided in 
 said act. or as the same may be amended. 
 
 "COUNTY POWER PUMPING DISTRICT ACT." 
 ACT 2267b — An act to provide for the formation, management and dissolution of 
 county power pumping districts; for suppl3ring the land owners and inhabitants 
 thereof with water and with the power necessary to pump the same; for the levy 
 and collection of taxes on property in such districts; and for the issuance of county 
 power pumping district bonds and for the payment thereof. 
 
 History: Approved June 11, 1915. lu effect August 10, 1915. Stats. 
 1915, p. 1483. 
 
 Name of act. 
 
 ^ 1. This act shall be known and referred to as the "County Power Pumping 
 District Act." 
 
 Land may be formed into district. 
 
 § 2. Any area of land within this state, wholly within one county and outside of 
 incorporated cities and towns, or containing the whole or any portion of one or more 
 incorporated cities or towns and contiguous unincorporated territory, and not already
 
 Act 22G7b, g 3 
 
 GKiVCRAL LAWS. 
 
 included within any irrigation district, in need of artificial irrigation and not already 
 supplied with adequate facilities therefor and possessed of an available supply of sub- 
 surface water, may be formed into a power pumping district and provisions made for 
 obtaining power and pumping the waters necessary for the irrigation of such lands in 
 the manner and under the proceedings hereinafter prescribed. 
 
 Petition for formation. 
 
 ^3. A petition for the formation of such district may be presented to the board 
 of supervisors of the county in which the proposed district is located, which jjetition 
 shall be signed by not less than fifty per cent of the land owners within said district. 
 The term "land owners," as herein used, shall include all freeholders and holders of 
 possessory rights under any law of the United States or of the state of California. 
 
 The said petition shall contain: 
 
 (1) The name and boundaries of the proposed district; 
 
 (2) The source from which the lands therein are proposed to be irrigated; 
 
 Description of improvement. 
 
 (3) A general description of the improvement or improvements proposed for the 
 purpose of supplying the district with water, and which improvement or improvements 
 may embrace any or all of the following: (a) The construction, acquisition, operation 
 and maintenance of electric or other power plants, together with all necessary trans- 
 mission and distributing lines and equipment therefore; (b) the construction, acqui- 
 sition, operation and maintenance of electrical transmission and distributing lines and 
 equipment for the purpose of transmitting power to all points within such district, and 
 the acquisition of electrical or other power by contact, rental or otherwise, from 
 such plant or plants within said district; (c) the acquisition of power for such district 
 by contract therefor, as provided in subdivisions 5 and 6 of section 12 hereof; (d) the 
 acquisition, construction, installation, completion, extension, repair or maintenance of 
 all plants, works, structures and appurtenances; (e) the acquisition, by purchase, con- 
 demnation, contract, lease or otherwise, of lands, rights of way, water, water rights 
 and electric and water service necessary or convenient for such purpose; (f) the drill- 
 ing, sinking and construction of wells for the development of sub-surface waters, and 
 the installation of pumps and motors and all appliances necessary or convenient in 
 connection therewith; 
 
 Estimate of cost. 
 
 (4) An estimate of the cost of the proposed improvement or improvements, includ- 
 ing all incidental expenses in connection therewith; - 
 
 Election. 
 
 (5) A request that an election be called in the proposed district for the purpose of 
 submitting to the qualified electors thereof the proposition of forming such district and 
 incurring indebtedness, by the issuance of the bonds of such district, to pay the cost 
 and expenses of the proposed improvement or improvements. 
 
 Map. 
 
 There must be filed with such petition: (a) A map showing the exterior boundaries 
 of the proposed disti-ict, with relation to the territory immediately contiguous thereto, 
 and plans and specifications of the proposed improvement; (b) a good and sufficient 
 undertaking, to be approved by the board of supervisors, in double the amount of the 
 probable cost of fonning such district, conditioned that the sureties shall pay said cost 
 in case the formation of such district shall not be effected.
 
 1323 IRRIGATION AND IRRIGATION DISIRICTS. Act :i:ia7b, S§ 4-(> 
 
 Time for hearing. 
 
 $ 4. Sueli petition, together with the map and undertaking hereinabove described, 
 must be presented at a regular meeting of said board of supervisors, and the board 
 shall thereupon fix a time for hearing the same and protests of interested parties, not 
 less than twenty-one nor more than thirty days after the date of presentation thereof. 
 The clerk of the board shall thereupon cause notices of the filing and hearing of such 
 petition to be posted in three of the most public places in the proposed district. Such 
 notices shall be headed "Notice of the Formation of (here insert name) County Power 
 Pumping District No. (here insert number of district)," in letters not less than one 
 inch in length, and shall in legible characters state the fact and date of the filing of 
 such petition, the day and hour set for hearing the same and the protests, briefly 
 describe the proposed improvement or improvements, specify the exterior boundaries 
 of the district, and refer to the said petition, map and plans and specifications for 
 further particulars. The said clerk shall also cause a notice similar in substance to 
 be published at least once a week for two consecutive weeks in a newspaper, designated 
 by said board of supervisors, of general circulation printed and published in the county 
 in which the proposed district is located. Said notices must be published and posted 
 as above provided, at least ten days before the date set for the hearing of said petition. 
 
 Objection to formation. 
 
 $ 5. Any person objecting to the formation of the proposed district or the extent 
 thereof, or the improvement or improvements proposed, or to the inclusion of his prop- 
 erty in such district, may file a written protest with the clerk of said board at or before 
 the time set for the hearing of such petition. The clerk of said board shall endorse 
 on each protest the date of its reception by him, and at 'the time appointed for the 
 hearing above provided for, shall present to said board all protests so filed with him. 
 The said board shall hear said petition and protests at the time appointed or at any 
 time to which the hearing thereof may be adjourned, and pass upon the same, and its 
 decision thereon shall be final and conclusive. If any protest or protests against the 
 formation of the proposed district or against the proposed improvements as a whole, 
 be sustained, no further proceedings shall be had or taken pursuant to said petition^ 
 but a new petition for the same or a similar purpose may be filed at any time. If any 
 protests be filed as against the extent of the proposed district, or against the inclusion 
 therein of any specified property, the board shall have power to make such changes in 
 the boundaries of the proposed district as it shall find to be proper and advisable, and 
 shall define and establish such boundaries, and may upon written application of the 
 owner thereof, at the same time include therein the lands of any contiguous land 
 owner suitable for the purposes of the proposed district. 
 
 Jurisdiction acquired. 
 
 At the expiration of the time within which protests may be filed, if none be filed, or 
 if protests be filed and after hearing be denied, said board shall be deemed to have 
 acquired jurisdiction to further proceed in accordance with the provisions of this act. 
 The determination of the board of supervisors as to whether the area of land embraced 
 within such district is possessed of an available supply of sub-surface water, and as 
 to whether said petition has been signed by the requisite number of land owners within 
 said district, and as to whether all the requirements of section three of this act have 
 been fully complied with, together with all its determinations upon questions of fact 
 shall be final and conclusive. 
 
 Special election. 
 
 $ 6. The board of supervisors shall, by ordinance or resolution adopted at a regular 
 or special meeting after having acquired jurisdiction to proceed, as above provided,
 
 Act 2:1671., §§ 7, 8 GENKRAL LAWS. 1324 
 
 provide for and order tlie holding of a special election in the proposed district and the 
 submission to the qualified voters thereof of the proposition to form such district and 
 incur an indebtedness, by the issuance of bonds thereof, for the purposes set forth in 
 said petition. The ordinance or resolution calling such special election shall also 
 recite the objects and purposes for which the proposed indebtedness is to be incurred, 
 the estimated cost of the proposed improvement or improvements, the amount of the 
 principal of the indebtedness to be incurred therefor, and the rate of interest to be paid 
 upon such indebtedness, and shall fix the date at which such election shall be held, the 
 manner of holding the same, and the manner of voting for or against the proposition. 
 The maximum rate of interest to be paid on such indebtedness shall be eight per cent 
 per annum, pa3'able semi-annually. Prior to calling such election the board of super- 
 visors must cause such investigation to be made as shall be necessary to establish the 
 fact that the proposed works can be constructed within the limits of the proposed 
 bonded indebtedness and that there is available a sufficient supply of water. 
 
 Election procedure. 
 
 ^ 7. For the purposes of said election the board of supervisors shall, in such 
 ordinance or resolution, establish one or more precincts within the boundaries of 
 the proposed district, designate a polling place in each precinct and appoint 
 such officers of election as said board shall deem necessary. In all particulars 
 not recited in such ordinance or resolution, such election shall be held as pro- 
 vided by law for the holding of general elections in such county. Said ordinance 
 or resolution ordering the holding of such election shall, prior to the date set for 
 such election, be published five times in a daily or twice in a weekly or semi-weekly 
 newspaper of general circulation printed and published in said county and designated 
 by the board of supervisors for that puipose. No other notice of such election need be 
 given. If at such election two-thirds of the votes cast are in favor of the formation of 
 the proposed district and incurring of the proposed bonded indebtedness, then the board 
 of supervisors shall enter an order to that efieet upon its minutes, declaring said dis- 
 trict formed, and the said board of supervisors shall thereupon be authorized and 
 empowered to issue, and shall issue the bonds of said district for the amount provided 
 for in said proceedings, payable out of the funds of such district to be provided as in 
 this act prescribed; provided, however, that the entire bonded indebtedness of any 
 district formed under the provisions of this act, as represented by the par value of 
 bonds issued and to be issued and outstanding hereunder at any time, shall not exceed 
 an amount greater than two dollars per acre for each acre of land contained in said 
 district, subject to the provisions of this act; provided, however, that in the event that 
 the proposed improvement or improvements shall embrace the drilling, sinking and 
 construction of wells for the development of sub-surface waters and the installation of 
 pumps and motors and all appliances necessary or convenient in connection therewith, 
 then the entire bonded indebtedness of such district so formed as represented by the 
 par value of bonds issued and outstanding hereunder at any time may equal, but shall 
 not exceed, an amount greater than ten dollars ($10) per acre for each acre of land 
 contained within said district. 
 
 Denominations, interest and condition of bonds. 
 
 § 8. The board of supervisors, by an order entered upon its minutes, shall, subject 
 to the provisions of this act, prescribe the denominations, interest and condition of 
 said bonds and of the interest coupons attached thereto. Said bonds may contain 
 appropriate provisions for their redemption prior to the maturity thereof. Said bonds 
 shall be signed by the chairman of the board of supervisors, countersigned by the county 
 auditor, and the seal of said county shall be affixed thereto. The interest coupons on 
 said bonds shall be numbered consecutively and signed by the auditor of said county 
 
 I
 
 131'5 IRRIGATION AND IRRIGATION DISTRICTS. Act 2267b. §§ 9-12 
 
 by his engraved or lithographed signature. In ease any such officer whose signature 
 or countersignature appears on such bonds or coupons shall cease to be such officer 
 before the delivery of such bonds to the purchaser, such signature or countersignature 
 shall, nevertheless, be valid and sufficient for all purposes in like manner as though 
 such officer had remained in office until the delivery of the bonds. 
 
 Sale of bonds. 
 
 § 9. The board of supervisors may issue and sell the bonds of such district, author- 
 ized as hereinabove provided, at a price not less than the par value thereof, and the 
 proceeds of sale of such bonds shall be placed in the county treasury to the credit of 
 the proper district fund, and shall be applied to the purposes and objects mentioned in 
 the ordinance or resolution ordering the holding of such bond election, as aforesaid. 
 
 Tax levy. 
 
 § 10. The board of supervisors shall levy a tax each year, upon all the taxable 
 property in such district, sufficient (in connection with any other funds available for 
 that purpose under the provisions of this act), to pay the interest on said bonds that 
 year, and to take care of the sinking fund provisions as provided in the bonds, and 
 such proportion of the principal thereof as is to become due before the time for making 
 the next general tax levy; provided, however, that if the maturity of the indebtedness 
 created by the issue of such bonds be made to begin more than one year after the date 
 of such issue, such tax shall be levied and collected at the time and in the manner 
 aforesaid each year sufficient to pay the interest on such indebtedness as it falls due, 
 and also (in connection Avith anj' other funds available as aforesaid), to constitute 
 a sinking fund for the payment of the principal thereof on or before maturity. Such 
 tax shall be levied and collected at the time and in the same manner as the general 
 tax levied for county purposes, and when collected shall be paid into the county 
 treasury and be used for the pa.yment of the principal and interest on said bonds, and 
 for a sinking fund, and for no other purposes. The principal and interest on said 
 bonds shall be paid by the county treasury in the manner provided by law for the pay- 
 ment of principal and interest on bonds of such county. 
 
 Tax for maintenance, etc. 
 
 § 11. The board of supervisors of any county wherein a district has been formed 
 under the provisions of this act, shall have the power in any year after the establish- 
 ment of such district, to levy a tax upon the taxable property in such district, sufficient 
 to pay the cost and expenses of maintaining, operating, extending and repairing said 
 system for the ensuing fiscal year. And said tax shall be levied and collected at the 
 time and in the same manner as the general tax levied for county purposes, and the 
 revenue derived from such tax shall be paid into the county treasury to the credit of 
 the proper fund of such district, and the board of supervisors shall have power to 
 control and order the expenditure thereof for the pui-poses aforesaid. 
 
 Power of supervisors. 
 
 § 12. Said board of supervisors shall have the power, and it shall be its duty: 
 
 (1) To manage and conduct the business and affairs of the district; 
 
 (2) To make and execute all necessary contracts; 
 
 (3) To employ and appoint such agents, officers and employees as may be required 
 and prescribe their duties; 
 
 (4) For the use of such district to acquire, by purchase, lease, contract, condemna- 
 tion or other legal means, all the lands, water and water rights, and other property 
 necessary for the construction, use, maintenance, repair and improvement of such 
 plants, works and apjourtenances;
 
 Act 2267b, g 13 
 
 GKNEIRAL LAWS. 
 
 1328 
 
 (5) To obtain and acquire electricity or other power by contract, rental or otherwise, 
 as may be needed for pumping water for said district from the source or sources of 
 suppl}', including the distribution of such power to the land owners, to be used upon 
 and within the lands of said district; 
 
 (6) To enter into a contract with any person, partnership or corporation en- 
 gaged in the generation, manufacture, distribution or sale of electrical or other 
 power, for the construction of all such transmission and distributing lines and 
 equipment and appurtenances necessary or convenient to supply the said district 
 with power, and for the acquisition from any such person, partnership or corpora- 
 tion of such electrical or other power as may be desirable for pumping and distributing 
 water as contemplated by this act. Such contracts shall also provide that twenty-five 
 per cent of all amounts collected or received by any such person, partnership or cor- 
 poration from the said district or the consumers therein for power used by them, shall 
 be set aside as fast as received and paid into the covinty treasury to the credit of the 
 said district fund, and shall constitute a sinking fund for the redemption or payment 
 of the bonds issued for the construction of such transmission and distributing lines and 
 equipment and appurtenances. Whenever sufficient funds shall have been so paid to 
 redeem or to pay said bonds, so issued for the purposes aforesaid, the said transmission 
 and distributing lines and appurtenances shall thereupon be and become the property of 
 such person, partnership or corporation which has in this manner paid for the same, 
 and the board of supervisors shall have the power and it shall be its duty to execute 
 all such conveyances and other instruments of transfer as may be necessary to vest 
 the title to such transmission and distributing lines and appurtenances and equipment 
 in such persons, partnerships or corporations; 
 
 (7) To drill, sink and construct wells and to install pumps and motors and all appli- 
 ances necessary or convenient in connection therewith; 
 
 (8) To perform any and all other acts necessary or proper to accomplish the purposes 
 of this act. 
 
 Dissolution of district. 
 
 § 13. Any such disti-ict may be dissolved by the board of supervisors in the manner 
 following: Upon receiving a petition signed by fifteen per cent or more of the free- 
 holders and power consumers of such pumping district, requesting the dissolution 
 thereof, the board of sujiervisors shall fix a date for the hearing of such petition, which 
 shall be not less than ten days nor more than thirty days after the receipt of such peti- 
 tion, and shall, at least five days prior to the date so fixed, publish a notice of such 
 hearing by one insertion in a daily, weekly or semi-weekly newspaper printed, pub- 
 lished and circulated in said county. At the time appointed for such hearing or at any 
 time to which the same may be adjourned, the board of supervisors shall hear and pass 
 upon such petition and may grant or deny the same, and its decision shall be final and 
 conclusive. 
 
 Special election. 
 
 If such petition be granted the board of supervisors shall, by ordinance or resolution, 
 provide for and order the holding of a special election in such district, and the sub- 
 mission to the qualified voters thereof of the proposition to dissolve the same. The 
 ordinance or resolution shall recite the filing of the petition for dissolution, and the 
 approval of the same by the board of supervisors, and shall establish one or more pre- 
 cincts within the boundaries of the district, designate a polling place in and for each 
 precinct, and appoint such officers of election as the board of supervisors shall deem 
 necessary. In all particulars not recited in such ordinance or resolution, such election 
 shall be held as provided by law for holding general elections in such county. Said 
 ordinance or resolution, ordering the holding of such election, shall, prior to the date
 
 13::7 IRRIGATION AND IRRIGATION DISTRICTS. Act 2267c, § 1 
 
 set for such election, be published five times in a daily or twice in a weekly or semi- 
 weekly newspaper printed and published in said county and designated by the board of 
 supervisors for such purpose. No other notice of said election need be given. If at the 
 time of said election a majority of the votes cast are in favor of the dissolution of 
 such district, then the board of supervisors shall enter an order to that effect upon 
 its minutes, declaring such district dissolved, and upon the entry of such order said 
 district shall be dissolved; provided, however, that if at the time of the dissolution of 
 said district there shall be any outstanding bonds or other indebtedness of said district, 
 a tax for the payment of such bonds or other indebtedness shall be levied and collected 
 in said district to pay such indebtedness, in like manner as though such district had not 
 been dissolved. 
 
 This act an alternative method. 
 
 5 14. This act shall not affect any other act or acts relating to the same or a similar 
 subject, but is intended to provide an alternative method of procedure governing the 
 subject to which it relates. When proceeding under the provisions of this act, its 
 provisions and none other shall apply. 
 
 § 15. The provisions of this act shall be liberally construed to effect the purposes 
 thereof. 
 
 DISSOLUTION OF IRRIGATION DISTRICTS ACT OF 1919. 
 
 ACT 2267c — An act declaring the conditions upon which an irrigation district may be 
 
 dissolved, prescribing the procedure therefor, and the winding up of the affairs of the 
 
 district when dissolved. 
 
 History: Approved May 18, 1919. In effect July 22, 1919. Stats, 
 1919, p. 751. 
 
 Provisions for dissolution of irrigation districts. 
 
 $ 1. Any irrigation district organized under any of the laws of the state of Cali- 
 fornia, providing for the organization of irrigation districts, which 
 
 (a) Has been organized more than three years and has failed and neglected to secure 
 an adequate water supply and which does not have a reasonable prospect of securing 
 an adequate water supj^ly for the lands of the district, and has failed and neglected to 
 obtain the approval of the state water commission of the water supply of said district 
 and has failed and neglected to obtain the approval of the state engineer of the plans 
 of said district, and has failed and neglected to construct or acquire a system of works 
 or the financing therof, and has failed and neglected to obtain the approval of the irri- 
 gation district bond commission; or 
 
 (b) Has been organized for more than ten years and for more than five years after 
 the construction or acquisition of a system of works has failed and neglected to main- 
 tain such works, or for five years or more after such works have been constructed or 
 acquired has failed and neglected to supply or make available, water for the irrigation 
 of more than ten per cent of the lands of the district; 
 
 May be dissolved and annulled by the superior court of the county in which said 
 district is located by proceedings in an action brought by the attorney general in the 
 name of the people of the state of California, upon his own information. Before such 
 an action can be commenced in the courts the attorney general shall publish for two 
 consecutive weeks in some newspaper published in the county in which the greater 
 portion o'f the district is located, a notice to all parties in interest that it is his intention 
 to begin such action for the dissolution of said district. The rules of pleading and 
 practice in the Code of Civil Procedure not inconsistent with the provisions of this 
 act are made applicable to the proceedings herein provided.
 
 Act 2267c, §§ 2-5 GEXERAL LAWS. 132S 
 
 Investigation by state engineer. Access to records. Report. 
 
 $ 2. Before the trial of tiie case the court may direct the state engineer to investigate 
 all the affairs of said district; the water supply that may be obtained without pro- 
 hibitive cost; the feasibility and practicability of irrigating all or a reasonable amount 
 of the lands of said district; and all other matters which the court may direct, or the 
 state engineer may deem pertinent as affecting the possible success or failure of the 
 district as an irrigation enterprise and which may be necessary to enable the court to 
 determine the question of dissolution. 
 
 For the purpose of making such investigation, the state engineer shall have access 
 to all the records of the district, and all officers and employees and other persons in 
 any manner connected with or employed by said district shall furnish such information 
 as he may require which has already been obtained or determined, including maps, 
 plans, estimates, field notes, and other data. 
 
 The state engineer shall report his findings and conclusions to the superior court as 
 soon as practicable, but within ninety days unless a longer time be granted him by the 
 court, but in no case to extend beyond the period of one hundred eighty days in all. 
 
 Upon dissolution county officers shall be ex-officio officers of district. Sale of property. 
 
 Funds remaining after indebtedness is paid, 
 
 ^ 3. Upon final judgment of dissolution in such action, the district in question shall 
 be deemed dissolved and annulled. The court shall determine the amount of indebted- 
 ness outstanding against said district, including the costs of the court action herein 
 provided for, and thereafter the appropriate county officers shall act as ex officio officers 
 of the district; the records and papers of every kind belonging to the district shall be 
 turned over to the proper county officers. The county treasurer shall perform the 
 duties of the district treasurer; the county tax collector shall perform the duties of 
 the district tax collector; the county^ assessor shall perform the duties of the district 
 assessor; the county clerk shall perform the duties of the secretary of the board of 
 directors; the board of supervisors shall perform the duties of the board of directors; 
 they shall proceed to levy and collect such additional taxes as may be necessarj' upon 
 the lands embraced within such district in the same manner and with the same pro- 
 cedure for nonpayment that county taxes are levied and collected for the purpose of 
 paying such outstanding indebtedness not provided for by previous assessments. All 
 property of every kind belonging to the district, including lands sold to the district 
 for taxes, sliall be sold as the court may direct and the proceeds together with all 
 money on liand shall be used to pay off the indebtedness. All funds remaining after 
 all outstanding indebtedness has been paid shall be apportioned and be paid to the 
 assessment payers according to the last assessment rolL 
 
 Indebtedness no bar to dissolution. 
 
 § 4. The outstanding indebtedness, whether of bonds, warrants, or otherwise, of any 
 irrigation district shall not operate as a bar to dissolution by the superior court when 
 provision is made for the payment of such indebtedness in the manner provided in 
 section three. of this act. 
 
 Intent of act. 
 
 ^ 5. This act is designed to provide an alternative method for the dissolution of irri- 
 gation districts and shall not be deemed to repeal any other statute or statutes.
 
 I 
 
 1329 IRRIGATION AND IRRIGATION DISTRICTS. Act 22«7d, §§ 1-214 
 
 DISSOLUTION OF IRRIGATION DISTRICTS ACT OF 1903. 
 ACT 2267d — An act to provide for the dissolution of irrigation districts, the ascertain- 
 ment and discharge of their indehtedness, and the distribution of their property. 
 
 History: Approved February 10, 1903, Stats. 1903, p. 3. Amended 
 March 3, 1909, Stats. 1909, p. 139; December 24, 1911, Stats. 1911 
 (ex. sess.), p. 118; April 19, 1913. In effect August 10, 1913. Stats. 
 1913, p. 39. May 26, 1915. In effect August 8, 1915. Stats. 1915, p. 
 859. 
 
 Irrigation districts may be dissolved. In case of contract vdth. United States. 
 
 $ 1. Any irrigation district organized under the provisions of an act entitled '*An 
 act to provide for the organization and government of irrigation districts, and to pro- 
 \dde for the acquisition of water and other property, and for the distribution of water 
 thereby for irrigation purposes," approved March 7, 1887, and all acts supplementary 
 thereto or amendatory thereof, including an act entitled "An act to provide for the 
 organization and government of irrigation districts, and to provide for the acquisition 
 or construction thereby of works for the irrigation of lands embraced within such dis- 
 tricts, and also, to provide for the distribution of water for irrigation purposes," 
 approved March 31, 1897, may be dissolved in the manner hereinafter provided; pro- 
 vided, that in case a contract authorized by law has been made between the district and 
 the United States for the construction, operation and maintenance of the necessary 
 works for the delivery of water or for a water supply, no such district shall be dis- 
 solved and no proceedings entertained by any court or otherwise looking to the disso- 
 lution of such district, until the written assent of the secretary of the interior be given 
 to such dissolution. [Amendment of May 26, 1915. In effect August 8, 1915. Stats. 
 1915, p. 859.] 
 
 Manner of dissolution. Petition, what to contain. 
 
 $ 2. A majority in number of the holders of title, or evidence of title, to real prop- 
 erty in any irrigation district, and a majority in value of said property according to 
 the equalized assessment-roll of said district for the year last preceding upon which 
 any assessment has been made, may propose the dissolution of said district by a 
 petition signed by such majority, which petition shall set forth the amount of the out- 
 standing bonds, coupons, and other indebtedness, if such there be, together with a 
 general description of the same, and the holders, so far as known, showing the amount 
 of each description of indebtedness and the ownership, so far as known, of the same. 
 Also the estimated cost of the dissolution of said district. Said petition shall also state 
 the assets of said district, including irrigation system, if any, dams, reservoirs, canals, 
 franchises, water rights, a detailed statement of all the lands sold to the district for 
 assessments, and the amount of the assessments on each parcel of land sold, also all 
 assessments unpaid, and the amount upon each lot or tract of land, and all other assets 
 of the district; and in case any proposition has been made by the holders of said 
 indebtedness to settle the same, said proposition, together with any plan proposed to 
 carry the same into execution, shall be included in said petition. 
 
 Proceedings under certain conditions. 
 
 § 21/2- 111 case an irrigation district has no indebtedness not barred by the statute of 
 limitations and no assets, and has ceased to be a going concern and has no irrigation 
 system by which it conveys water for irrigation or domestic purposes to any of the 
 residents of such district, the petition for dissolution mentioned in section two of said 
 act shall contain statements showing such facts and also that it is the desire of the 
 signers of such petition to have said district dissolved, and such petition need not 
 contain any other statement or allegation, and such petition need only be signed by 
 two thirds of the qualified electors residing in such district, and by the holders of title 
 
 Gen. Laws — S4
 
 Act 2267d, g 2a GENERAL LAWS. 1330 
 
 or evidence of title representing at least fifty per cent of the acreage within said dis- 
 trict and not less than fifty per cent in value of all lands lying within the exterior 
 boundaries of said district, the value of said lands to be determined by the last 
 equalized assessment roll of said district, and such petition so signed and containing 
 such statements and allegations shall be sufficient. In such case the plan of dissolution 
 referred to in section 3 of said act need only show the facts that there is no district 
 indebtedness not barred by the statute of limitations and that the district has dis- 
 posed of all of its assets; provided, that the petition shall further recite the fact that 
 an application will be made to the superior court for a decree of dissolution of said 
 district under the provisions of said act. And in the ease mentioned in this section, 
 it shall not be necessary to obtain the assent of any holder of any evidence of indebt- 
 edness of said district barred by any statute of limitations of this state before the 
 election, provided for in said section three, shall be called. [New section added Decem- 
 ber 24, 1911, Stats. 1911, p. 118 (extra session) ; probably superseded by section 2a, 
 which was added in 1913.] 
 
 Statement of district having no assets. Special election. Ballot. 
 
 ^ 2a. In case an irrigation district has no indebtedness not barred by the statute of 
 limitations and no assets and has ceased to be a going concern and has no irrigation 
 system by which it conveys water for irrigation or domestic purposes to any of the 
 residents of such district, the petition for dissolution mentioned in section two of said 
 act shall contain statements showing such facts and also that it is the desire of the 
 signers of such petition to have said district dissolved, and such petition need not 
 contain any other statement or allegation, and such petition need only be signed by 
 two thirds of the qualified electors residing in such district, and by the holders of title 
 or evidence of title representing at least fifty per cent of the acreage within said dis- 
 trict and not less than fifty per cent in value of all lands lying within the exterior 
 boundaries of said district, the value of said lands to be determined by the last 
 equalized assessment-roll of said district, and such petition so signed and containing 
 such statements and allegations shall be sufficient. In such case the plan of dissolu- 
 tion referred to in section three of said act may be entirely omitted and it shall not be 
 necessary for the petitioners or persons signing such petition, or for the board of 
 directors of such district to propose any plan for the dissolution of such district or 
 any plan for the liquidation of its indebtedness or the distribution of its assets; pro- 
 vided, that the petition shall further recite the fact that an application will be made 
 to the superior court of the state of California in and for the county in which the office 
 of the board of directors of such district is required to be kept, for a decree of dissolu- 
 tion of said district under the provisions of said act. And in the case mentioned in 
 this section, it shall not be necessary to obtain the assent of any holder of any indebt- 
 edness or evidence of indebtedness of said district barred by any statute of limitations 
 of this state before the election provided for in said section three, shall be called. 
 Upon the filing of said petition with the board of directors of said district said board 
 shall call a special election at which shall be submitted to the electors of such district 
 the question whether or not said district shall be dissolved. Notice of such election 
 must be given by posting notices in three public places in each election precinct in said 
 district for at least twenty days and also by publication of such notice in some news- 
 paper published in the county where the office of the board of directors is required to 
 be kept, once a week for at least three successive weeks before such election. Such 
 notices must specify the time of holding the election, and the fact that it is proposed 
 to dissolve the district. Said election must be held and the result thereof determined 
 and declared in all respects as nearly as practicable in conformity with provisions of 
 law governing the election of officers in irrigation districts. At such election the ballot 
 shall contain the words "Dissolution of the district — Yes" or "Dissolution of the
 
 1331 IRRIGATI01V AND IRRIGATION DISTRICTS. Act 2267d, §§ 3, 4 
 
 district — No," or words equivalent thereto. It shall not be necessary in winding up the 
 affairs of any district organized under the laws of this state to pay all or any portion 
 of anj' debt or obligation of such district, for the enforcement of which debt or obliga- 
 tion a suit is barred by the laws of this state, nor to pay any bond, coupon, warrant or 
 other indebtedness, claim or demand which shall be barred by the laws of this state 
 prior to the filing of the petition for dissolution with the board of directors of such 
 district. [New section approved Aj^ril 19, 1913, Stats. 1913, p. 39. In effect August 10, 
 1913.] 
 
 Special election. Notice of election. Ballots. 
 
 § 3. Upon the filing of said petition with the board of directors of said district said 
 board shall call a special election, at which shall be submitted to the electors of such 
 district the question whether or not said district shall be dissolved, its indebtedness 
 liquidated, and its assets distributed in accordance with the plan so proposed, or in 
 case no plan has been proposed, then in accordance with a plan which shall be proposed 
 by said board of directors in the notice of the election, but no such election shall be 
 called until the assent of all the known holders of valid indebtedness against the district 
 shall be obtained or provision shall be made in said plan for the payment of such non- 
 assenting holders. Notice of such election must be given by posting notices in three 
 public places, in each election precinct in said district for at least twenty days, and 
 also by publication of such notice in some newspaper published in the county where the 
 office of the board of directors is required to be kept, once a week for at least three 
 successive weeks before such election. Such notices must specify the time of holding 
 the election, the fact that it is proposed to dissolve the district, and a brief summary 
 of the plan proposed for liquidating its indebtedness and disposing of its assets. Said 
 election shall be held and the result thereof determined and declared in all respects 
 as nearly as practicable in conformity with the provisions governing the election of 
 officers in irrigation districts. At such election the ballot shall contain the words 
 "Dissolution of the district — Yes," or "Dissolution of the district — No," or words 
 equivalent thereto. 
 
 Validity of proceedings, how determined. Eight of appeal. 
 
 § 4. In case upon such canvass it is found and declared by said board of directors 
 that two-thirds of the votes cast at such election shall be cast in favor of "Dissolution 
 of the district — Yes," then the said board of directors shall file a petition in the 
 superior court of the county wherein is located the office of such board to determine the 
 validity of the proceedings had and of the proposed plan for the dissolution of said 
 district. Such action shall be in the nature of a proceeding in rem, and jurisdiction of 
 all parties interested may be had by publication of a notice of the pendency of the pro- 
 ceeding for at least once a week for three weeks in some paper of general circulation 
 published in the county where the action is pending; provided, that if the property of 
 the district is situate in more than one county then the publication shall be made in one 
 paper in each county wherein the same is situate, such paper or papers to be designated 
 by the court having jurisdiction of the proceeding; jurisdiction shall be complete in 
 thirty days after the completion of such notice in the manner herein provided. Any one 
 interested may at any time before the expiration of said thirty days appear and contest 
 the validity of the proceedings already had and of the plan proposed for the dissolution 
 of said district, or any portion thereof, including the validity of any portion of the 
 indebtedness set out in said petition, and the court may determine the validity of any 
 sales for assessments, and may determine the amount of any assessment or assessments 
 due upon the various parcels and lots of real estate within said district, and may 
 determine the amount of any assessment or assessments theretofore paid upon the 
 various parcels and lots of real estate herein, and may in said proceeding adjust and
 
 Act 2267d, §§ 5-9 GENERAL LAWS. tSSa 
 
 determine the rights and liabilities of all parties. Such action shall be speedily tried 
 and judgment rendered. Either party shall have the right to appeal at any time within 
 thirty days after the entering of such judgment, and the appeal must be heard and 
 determined within three months after the taking of such appeal. 
 
 Fa«ts required by superior court. Costs of contests. 
 
 $ 5. Said petition to the superior court shall set forth the facts required to be set 
 forth in the petition to the board of directors and all the proceedings therein, and at 
 the hoaring the court shall hear and determine the regularity, legality, and correct- 
 ness of all proceedings, and in doing so shall disregard any error, irregularity, or omis- 
 sion which does not affect the substantial rights of the parties. The rules of pleading 
 and practice in the Code of Civil Procedure not inconsistent with the provisions of 
 this act are made applicable to the proceeding herein provided. The costs of any 
 contest may be allowed and proportioned between the parties or taxed to the losing 
 party in the discretion of the court, and no contest of any matter or thing herein 
 provided for shall be made other than in the time and manner herein specified. 
 
 Assessment payer may bring action. 
 
 § 6. If no such proceeding shall have been filed by the board of directors within 
 thirty days after the canvass of said vote, then any district assessment payer may bring 
 in action in the superior court of the county wherein the office of the board of directors 
 's located. The board of directors shall be made parties defendant and notice shall be 
 served on the members of the board personally, if they can be found in the state, if 
 not, then service by publication as provided in section 4, shall be sufficient. Proceedings 
 lihall be had in the same manner and with the same effect as if brought by the board of 
 directors. 
 
 Assets of district may be acquired by corporation. 
 
 § 7. A corporation may be organized under general laws for the purpose of acquir- 
 ing the assets of said district, including the irrigation system, if any, dams, reservoirs, 
 canals, franchises and water rights, which corporation shall have all the powers, rights 
 and franchises of corporate bodies organized under general laws, and in addition shall 
 have such further powers as may be necessary to possess and carry on said irrigation 
 system and exercise such franchise and water rights. 
 
 Power of court. Sale of assets. 
 
 $ 8. The court in its decree shall have power to make the orders necessary to carry 
 out said proposition for the discharge of the indebtedness and distribution of the prop- 
 erty of said district, including the right to apportion any indebtedness found due, and 
 to declare said portions liens upon the various parcels and lots of land within the 
 district, and may decree a sale of its assets in such manner as may effectuate said 
 proposition and as the said court may judge best, either in one lot or in such parcels 
 as may be provided, and may provide for conveyance of said irrigation system, including 
 dams, reservoirs, canals, franchises and water rights, and also of any other assets of 
 the district, including lands sold thereto and the assessments due it. 
 
 Assessments to be liens. Redemptions. 
 
 ^ 9. The amounts of any assessment or assessments found due upon the various 
 parcels and lots of real estate within said district, and the amounts for which sales 
 have been made, which sales have been determined to be valid by said court, together 
 with legal interest from the date of said sales and from the time when said assess- 
 ments become delinquent, shall be liens respectively on the lots and parcels affected 
 thereby, and the purchaser or purchasers at said sale may foreclose the same by 
 action in the superior court, and shall in said action join all lots, assessments, and
 
 13.J3 IRRIGATION AND IRRIGATION DISTRICTS. Act 226S. §§ 1, 2 
 
 sales Tvhich may have been purchased by him and which remain unredeemed. A 
 redemption may be made at any time by payment of the amount due to the clerk of 
 the court for the use of the district if before sale, and for the use of the purchaser 
 if after sale, and the clerk shall thereupon enter a minute of said payment, which pay- 
 ment shall be in the discharge of said lien. Redemption from the lien created for any 
 portion of the indebtedness can be had in this manner. 
 
 Disposition of surplus money. 
 
 ^ 10. Whenever all the property of such irrigation district shall have been disposed 
 of, and all the indebtedness and obligations thereof, if any there be, shall have been 
 discharged, the balance of the money of said district shall be distributed to the assess- 
 ment payers in said district upon the last assessment-roll in the proportion in which 
 each has contributed to the total amount of said assessment, and the court shall enter 
 a final decree declaring said district to be dissolved. 
 
 Indebtedness, schedule of. 
 
 $ IOV2. In the petition mentioned in section 2 of this act it shall not be necessary 
 to include in the schedule of indebtedness any bond, coupon, warrant or other indebt- 
 edness, claim or demand which shall have been barred by the laws of this state prior 
 to the filing of said petition with the board of directors of said irrigation district, nor 
 shall it be necessary in winding up the affairs of any district organized under the laws 
 of this state to pay all or any portion of a debt or obligation of such district, for the 
 enforcement of which debt or obligation a suit is barred by the laws of this state. 
 [New section approved March 3, 1909, Stats. 1909, p. 139.] 
 
 $ 11. This act shall take effect immediately. 
 
 FUNDING ACT OF 1897. 
 ACT 2268 — An act to provide for the issue and sale or exchange of funding bonds of 
 irrigation districts organized under and in pursuance of an act of the legislature 
 of the state of California entitled "An act to provide for the organization and 
 government of irrigation districts, and to provide for the acquisition of water and 
 other property, and for the distribution of water thereby for irrigation purposes, ' ' 
 approved March 7, 1887, to provide for the pajnnent of such bonds, and for proceed- 
 ings to test the validity of the same. 
 
 History: Approved April 1, 1897, Stats. 1897, p. 394. Amended 
 March 16, 1901, Stats. 1901, p. 514. This act is probably to be treated 
 as a supplement to the Wright act. See Act 2259. 
 
 Provision for payment of bonds of irrigation district. 
 
 ^ 1. Whenever an irrigation district organized, under the provisions of an act 
 entitled "An act to provide for the organization and government of irrigation districts, 
 and to provide for the acquisition of water and other property, and for the distribution 
 of water thereby for irrigation purposes," approved March seventh, eighteen hundred 
 and eighty-seven, or said act and the acts supplementary thereto, or amendatory thereof, 
 has outstanding bonds, coupons, or other evidences of indebtedness, the payment 
 thereof may be provided for by the issuance of new bonds, in the manner hereinafter 
 prescribed. 
 
 Majority may act. 
 
 $ 2. A majority in number of the holders of title, or evidences of title to real prop- 
 erty in any irrigation district, subject to assessment, such holders of title, or evidences 
 of title, representing a majority in value of the real property of such district according 
 to the equalized assessment-roll or rolls of such district for the year last preceding,
 
 Act 2268. §g 3-11 
 
 GENERAL LAWS. 
 
 1334 
 
 may i)ropose the funding of such bonds, coupons, or other evidences of indebtedness. 
 Said equalized assessment-roll or rolls shall be suflBcient evidence of title for the pur- 
 poses of this act. 
 
 Proceedings necessary to propose funding of bonds. 
 
 $ 3. In order to propose the funding of such bonds, coupons, or other evidences of 
 iiulobtedness, a petition shall be presented to the board of directors of such irrigation 
 district, signed by a majority in number of holders of title, or evidences of title to 
 real property in such district, and representing a majority in value of the real prop- 
 erty of said district, subject to assessment for district purposes, which petition shall 
 set forth the amount of bonds, coupons, or other evidences of indebtedness proposed to 
 be funded, together with a general description of same, also the total amount of 
 the bonds sought to be issued (provided, that said amount shall in no case be greater 
 than the total amount of bonds, coupons, and other evidences of indebtedness then 
 outstanding and sought to have funded), together with a full and complete statement 
 of the purjjoses for which such bonds are to be used. On presentation of such petition, 
 the same shall be entered in full on the minutes of the board. 
 
 Election to authorize the issuing of bonds "by irrigation districts to refund bonded 
 
 debt. Two-thirds vote necessary. 
 
 § 4. Immediately after the recording of said petition the board of directors shall 
 call a special election, at which shall be submitted to the electors of such district the 
 question whether or not the bonds of such district, in the amount set forth in said 
 petition, shall be issued. Notice of such election must be given by the secretary of 
 said district by posting notices in three public places in each election precinct in said 
 district for at least twenty da^s, and also by publication of such notice in some news- 
 paper published in the county, where the office of the board of directors of such dis- 
 trict is required to be kept, once a week for at least three successive weeks before 
 such election. Such notice must specify the time of holding the election, the amount 
 of bonds proposed to be issued, the amount of bonds, coupons, or other evidences of 
 indebtedness proposed to be refunded, together with a general description of the same. 
 Said election shall be held and the result thereof determined and declared in all 
 respects as nearly as practicable in conformity with the provisions governing the elec- 
 tion of officers; as provided by the law governing irrigation districts at the time of the 
 holding of the election herein provided for; provided, that no informalities in conduct- 
 ing such an election shall invalidate the same, if the election shall have been otherwise 
 fairly conducted. At such an election the ballot shall contain the words "Bonds — 
 Yes" or "Bonds — No," or words equivalent thereto. If two-thirds of the votes cast 
 at such election are "Bonds — Yes," the board of directors shall direct and cause bonds 
 in said amount to be issued. If more than one-third of the votes cast at such election 
 are "Bonds — No," the result of such election shall be so declared. The result in 
 either case sliall be duly entered of record. [Amendment approved March 16, 1901. 
 Stats. 1901, p. 514. In effect immediately.] 
 
 ^ 5, 6, 7, 8, 9, 10, repealed March 16, 1901. Stats. 1901, p. 515. In effect immediately. 
 
 Issue and payment of bonds, etc. Interest. 
 
 § 11. If said bonds are directed to be issued as herein provided for, the board of 
 directors shall cause the same to be issued. Said bonds shall be made payable in gold 
 coin of the United States, and in twenty series, as follows, to wit: On the first day of 
 January after the expiration of twenty years, five per cent of the whole amount of said 
 bonds, and on the first day of January of each year thereafter, an equal amount of such 
 bonds until all shall have been finally paid; that is, five per cent of the whole issue of 
 bonds — not five per cent of each bond — each being wholly' payable when due. Said
 
 1335 IRRIGATION AND IRRIGATION DISTRICTS. Act 2268, §§ 12-15 
 
 bonds shall bear interest at the rate of five per cent per annum, payable semiannually 
 on the first day of January and July of each year. They shall be negotiable in form, 
 and shall be of denominations of not less than one hundred dollars, nor more than five 
 hundred dollars. Said bonds shall in all respects conform to the form of bonds pre- 
 scribed by the laws governing irrigation districts at the time of their issue, except as 
 herein otherwise provided. 
 
 Bonds not to be sold for less than pax. 
 
 5 12. It shall be unlawful to sell or exchange any of the bonds issued as herein pro- 
 vided, for less than their par value. 
 
 Duty of district treasurer. 
 
 § 13, When bonds issued under this act shall be duly executed, they shall be depos- 
 ited with the treasurer of the district, and his receipt shall be taken therefor, and he 
 shall be charged with the same on his official bond, and shall have no power to deliver 
 the same in exchange for any bonds or indebtedness proposed to be funded until the 
 bonds or evidence of indebtedness proposed to be funded shall have been surrendered 
 to him, and he shall have been ordered by the board of directors of the district, by 
 an order duly entered on their records, to make such delivery. When such bonds have 
 been exchanged for other bonds, coupons, or other evidences of indebtedness, the treas- 
 urer shall at once cancel such other bonds, coupons, or other evidences of indebtedness 
 by writing across the face thereof "canceled," and the date of cancellation, and report 
 the same with his monthly report to the board of directors of the district, designating 
 the bond, coupon, or other evidence of indebtedness, so that it can be identified, the 
 date of cancellation, and the person from whom it was received, together with the 
 amount paid therefor, or the terms of exchange, in case there is an exchange. 
 
 Sale of bonds; powers of board. 
 
 $ 14. When said bonds are issued for the purpose of sale to the highest bidder, the 
 board may sell said bonds from time to time, in such quantities as may be necessary 
 and most advantageous, to raise money to pay bonds, coupons, or other evidences of 
 indebtedness of the district which were outstanding at the time of the filing of said 
 petition, and generally described therein. Before making any sale, the board shall at a 
 meeting, by resolution, declare its intention to sell a specified amount of bonds, which 
 resolution shall be entered in the minutes, and notice of the sale shall be given by pub- 
 lication thereof for at least three weeks in a newspaper published in the county 
 in which the office of the board of directors is kept. The notice shall state that sealed 
 proposals will be received by the board at its office for the purchase of bonds till the 
 day and hour named in the resolution. At the time appointed the board shall open the 
 proposals and award the purchase of bonds to the highest responsible bidder, or may 
 reject all bids; but said bonds shall in no event be sold for less than their par value, 
 including accrued interest. All moneys realized from the sale of bonds issued undei 
 the provisions of this act shall be paid into the hands of the district treasurer, and by 
 him kept in a separate fund, known as the funding fund, and shall be applied exclusively 
 to the payment of bonds, coupons, or other evidences of indebtedness of the district 
 outstanding at the time of filing the said petition, and described therein. 
 
 Levy of assessment to pay bonds. 
 
 § 15. At the time fixed for the levying of assessments for other purposes authorized 
 by the district irrigation law then in force, there shall be levied an assessment sufficient 
 in amount to pay the principal and interest then due and unpaid on any bonds issued 
 by authority- of this act, and also the amount to become due on any such bonds during 
 the year following such levy. The assessment so levied shall be computed and entered 
 in the assessment-roll in the same manner and shall be collected at the same time and
 
 Act 2208a, S 1 GIDNIDRAL. LAWS. 1336 
 
 in the same manner as other assessments authorized by the district irrigation law then 
 in force, and when collected, shall be paid into the district treasury, for the purposes 
 herein authorized; and all the provisions of said district irrigation law relating to the 
 collection of assessments and the sale and redemption of property therefor shall be 
 applicable to the assessments levied under this act. 
 
 Bonds not to be exchanged for less than par value. 
 
 § 16. The bonds issued as herein provided for may be exchanged, at not less than 
 their par value, for any of the indebtedness set out and described in the notice of the 
 election authorizing the issuance of said refunding bond. A contract for such exchange 
 may be made by the board of directors upon such terms as said board may deem advis- 
 able; jDrovided, that they must receive not less than the par value for the bonds so 
 exchanged. [Amendment approved March 16, 1901. Stats. 1901, p. 515. In effect 
 immediately.] 
 
 Unnecessary bonds may "be destroyed. 
 
 ^ 17. Whenever there remains in the hands of the treasurer of any district any 
 funding bonds voted to be issued by said district, but not used, and not necessary to be 
 used for the funding purposes set out and described in the petition for the issuance of 
 said bonds, then said board of directors, shall at a regular meeting, within three months 
 after the completion of the funding, cause the same to be destroyed and a record to be 
 made thereof, and the total amount of bonds so destroyed and canceled shall be de- 
 ducted from the sum authorized to be issued by the electors of said district, and no 
 part thereof shall be thereafter reprinted or reissued. 
 
 Bonds are a lien on property. 
 
 § 18. Any bonds issued under the provisions of this act shall be a lien upon the real 
 property of the district, and said bonds and the interest thereon shall be paid by reve- 
 nue derived from an annual assessment upon the real property of the district, and 
 all the real property in said district shall be and remain liable to be assessed for such 
 payments as hereinbefore provided. [Amendment approved March 16, 1901. Stats. 
 1901, p. 515. In effect immediately.] 
 
 $ 19. This act shall take effect from and after its passage. 
 
 LEGALIZING IRRIGATION BONDS. 
 ACT 2268a — An act to legalize bonds issued and to be issued and sold by irrigation 
 districts. 
 
 History: Approved May 26, 1915. In effect August 8, 1915, Stats. 
 1915, p. 837. 
 
 Irrigation district bonds legalized. 
 
 § 1. In all cases subsequent to January 1, 1910, where the board of directors of any 
 irrigation district in the state of California has passed a resolution calling an election 
 for the purpose of submitting to the qualified electors of such irrigation district the 
 question of whether or not bonds of such district should be issued for any purpose and 
 where at such election four-fifths of all the qualified electors voting at such election 
 shall have voted in favor of issuing such bonds and such board of directors shall have 
 passed a resolution or order providing for the issuing of such bonds, the power of such 
 irrigation district to issue such bonds and all the acts and proceedings of such irriga- 
 tion district leading up to and including the issuance and sale or the proposed issuance 
 and sale of such bonds are hereby legalized, ratified, confirmed and declared valid to all 
 intents and purposes, and all such bonds sold either before or after the passage of this 
 act are hereby legalized and declared to be legal and valid obligations of and against 
 such irrigation district so issuing and selling the same.
 
 1337 IRRIGATION AXD IRRIGATION DISTRICTS. Acts 2268b, 2271, § 1 
 
 REFUNDING ACT OF 1919. 
 
 ACT 2268b — An act to authorize irrigation districts to refund outstanding bonded 
 
 indebtedness. 
 
 History: Approved May 25, 1919. In effect July 25, 1919. Stats. 
 1919, p. 1004. 
 
 Refunding bonded indebtedness of irrigation district. 
 
 $ 1. The board of directors of anj' irrigation district organized or existing under or 
 subject to the provisions of the California irrigation district act approved March 31, 
 1897, as amended, providing for the organization and government of irrigation districts, 
 that has an outstanding indebtedness evidenced by bonds lawfully issued prior to Janu- 
 ary 1, 1913, may, by a majority vote of the members of the board, submit to the electors 
 of the irrigation district at any election the proposition of the issuance of new bonds 
 for the purpose of refunding the bonds outstanding, as the same become due. Such 
 election shall be held, and the vote thereon shall be the same as provided by the Cali- 
 fornia irrigation district act for the issuance of other irrigation district bonds; pro- 
 vided, no petition therefor need be circulated or signed; and provided, further, that a 
 majority of the votes of those voting on said proposition shall be sufficient to carry the 
 same. Such bonds shall bear interest at a rate the same as or lower than the bonds 
 to be refunded and no refunding bond shall have a later date of maturity than twenty 
 years from the date of its issue. 
 
 Form. Sale. 
 
 § 2. The refunding bonds shall be issued in substantially the manner and in the 
 form required by law for the issuance of other bonds of the district. These bonds may 
 be sold from time to time in the same manner as other bonds of the district, or, if the 
 directors of the district and the holders of any of the bonds reaching maturity so elect, 
 they may be exchanged in payment of the bonds so maturing as such bonds mature. 
 
 Tax levy to pay interest and principal. 
 
 $ 3. The board of directors shall cause to be assessed and levied each year upon the 
 assessable property in the district, in addition to the levy authorized for other pui'poses, 
 a sufficient sum to pay the interest on or any principal of such refunding bonds in the 
 same manner as is provided in the California irrigation district act in the case of other 
 bonds. 
 
 IRRIGATION BONDS AS LEGAL INVESTMENTS. 
 ACT 2271 — An act relating to bonds of irrigation districts, providing under what cir- 
 cumstances such bonds shall be legal investments for funds of banks, insurance com- 
 panies and trust companies, trust funds, state school funds and any money or funds 
 which may now or hereafter be invested in bonds of cities, cities and counties, coun- 
 ties, school districts or municipalities, and providing under what circumstances the 
 use of bonds of irrigation districts as security for the performance of any act may be 
 authorized. 
 
 History: Approved June 13, 1913. In effect August 10, 1913. Stats. 
 1913, p. 778. Amended May 20, 1915. In effect August 10, 1915. Stats. 
 1915, p. 692. May 17, 1917. In effect July 27, 1917. Stats. 1917, p. 
 582. May 25, 1919. In effect July 25, 1919. Stats. 1919, p. 1207. Prior 
 act of March 9, 1911, Stats. 1911, p. 322, and of December 18, 1911, 
 Stats. 911 (ex. sess.), p. 3, were superseded, if not repealed, by the 
 present act. 
 
 Resolution declaring irrigation district bonds available. 
 
 $ 1. Whenever the board of directors of any irrigation district organized and exist- 
 ing under and pursuant to the laws of the state of California shall by resolution declare. 
 that it deems it desirable that an}' contemplated or outstanding bonds of said district,
 
 Act 2271. 8§ 2. 3 GENERAL LAWS. 1338 
 
 including any of its bonds authorized but not sold, shall be made available for the 
 purposes provided for in section 7 of this act, the said board of directors shall there- 
 upon file a certified copy of such resolution with the conamission hereinafter pro- 
 vided for. 
 
 Report of commission on affairs of district. 
 
 § 2. Such commission, upon the receipt of a certified copy of such resolution, shall, 
 without delay, make or cause to be made an investigation of the affairs of the district 
 and report in writing upon such matters as it may deem essential, and particularly 
 upon the following points: 
 
 (a) The supply of water available for the project and the right of the district to so 
 much water as may be needed. 
 
 (b) The nature of the soil as to its fertility and susceptibility to irrigation, the prob- 
 able amount of water needed for its irrigation and the probable need of drainage. 
 
 (c) The feasibility of the district's irrigation system and of the specific project for 
 which the bonds under consideration are desired or have been used, whether such sys- 
 tem and project be constructed, projected or partially completed. 
 
 (d) The reasonable market value of the water, water rights, canals, reservoirs, reser- 
 voir sites and irrigation works owned by such district or to be acquired or constructed 
 by it with the proceeds of any of such bonds. 
 
 (e) The reasonable market value of the lands included within the boundaries of the 
 district. 
 
 (f) Wliether or not the aggi-egate amount of the bonds under consideration and anj' 
 other outstanding bonds of said district, including bonds authorized but not sold, 
 exceeds sixty per centum of the aggregate market value of the lands within said district 
 and of the water, water rights, canals, reservoirs, reservoir sites, and irrigation works 
 owned, or to be acquired or constructed with the proceeds of any of said bonds, by said 
 district, as determined in accordance with paragraphs (d) and (e) in this section. 
 
 (g) The numbers, date or dates of issue and denominations of the bonds, if any, 
 which the commission shall find are available for the purposes provided for in section 7 
 of this act, and, if the investigation has covered contemplated bonds, the total amount 
 of bonds which the district can issue without exceeding the limitation expressed in 
 paragraph (f ) of this section. 
 
 Report filed with controller and secretary of district. When entitled to controller's 
 certificate. Unlawful to issue bonds not entitled to certificate. Controller's record 
 of bonds certified to. 
 
 $ 3. The written report of the investigation herein provided for shall be filed in the 
 office of the state controller, and a copy of said report shall by the commission be for- 
 warded to the secretary of the district for which the investigation shall have been 
 made, and if said commission shall have found, as set out in said report, that the irri- 
 gation system of the district and the specific project for which the bonds under con- 
 sideration are desired or have been used, -whether such project be constructed, projected 
 or partially completed, are feasible and that the aggregate amount of the bonds under 
 consideration and any other outstanding bonds of said district, including bonds author- 
 ized but not sold, does not exceed sixty per centum of the aggregate market value of 
 the lands within said district and of the water, water rights, canals, reservoir, reservoir 
 sites, and irrigation works owned or to be acquired or constructed with the proceeds of 
 any of said bonds by said district, the bonds of such irrigation district, as described 
 and enumerated in said report filed with the state controller, shall be certified b}^ the 
 state controller, as hereinafter provided for. If the commission shall be notified by the 
 
 I 
 
 J
 
 1339 IRRIGATION AND IRRIGATION DISTRICTS. Act 2271, gg Sa-4 
 
 board of directors of any district whose irrigation system has been found in such report 
 to be feasible that the district has issued bonds and the commission shall find that said 
 bonds are for any project or projects approved in such report and that the amount of 
 said bonds does not exceed the limitation stated in such report, the commission shall 
 prepare and file Avith the state controller a supplementary report giving the numbers, 
 date or dates of issue and denominations of said bonds, which shall then be entitled to 
 certification by the state controller as hereinafter provided for. Subsequent issues or 
 bonds may be made available for the purposes specified in this act upon like proceedings 
 by said district, but, after any of the bonds of an irrigation district have been enumer- 
 ated and described as entitled to certification by the state controller as herein provided 
 for, it shall be unlawful for that district to issue bonds that will not be entitled to such 
 certification. It is hereby made the duty of the state controller to provide for filing 
 and preserving the reports mentioned in this section and, also, to make, keep and pre- 
 serve a record of the bonds certified by him in accordance with the provisions of section 
 four of this act, including the date of certification, the legal title of the district, the 
 number of each bond, its par value, the date of its issue and that of its maturity. 
 
 Provisions directory. 
 
 ^ 3a. The provisions of section two of this act as to the points upon which said com- 
 mission shall report are directory merely and the board may authorize such certification 
 when in their opinion, subject to the provisions otherwise contained in this act, their 
 findings justify such action. [New section added May 17, 1917. In effect July 27, 
 1917. Stats. 1917, p. 583.] 
 
 No expenditures without consent of commission. 
 
 § 3b. Whenever the bonds of any irrigation district have been certified, as provided 
 in this act, no expenditure of any kind shall be made from the construction fund of 
 such district without the consent of the commission provided for in this act and no 
 obligation shall be incurred chargeable against such fund without previous authorization 
 of the commission nor shall any expense of any kind be incurred in excess of money 
 actually provided by lev}'^ of assessment or otherwise. [New section added May 17, 
 1917. In effect July 27, 1917. Stats. 1917, p. 583.] 
 
 Certification of irrigation district honds hy commission. 
 
 § 3c. Whenever the surveys, examinations, drawings and plans of an irrigation dis- 
 trict, and the estimate of cost based thereon, shall provide that the works necessary for 
 a completed project shall be constructed progressively over a period of years in accord- 
 ance with section thirty of the California irrigation district act, and in accordance with 
 a plan or schedule adopted by resolution of the board of directors of the district, it shall 
 not be necessary for the commission to certify at one time all of the bonds that have 
 been voted for the said completed project; but such bonds may be certified from time 
 to time as needed by the district. If the commission shall certify all of the bonds 
 necessary for the said completed project, even if said project is to be constructed 
 progressively over a period of years in accordance with the aforesaid resolution of the 
 board of directors, the bonds so voted and certified shall only be sold after prior writ- 
 ten approval of the commission. [New section added May 25, 1919. In effect July 25, 
 1919. Stats. 1919, p. 1207.] 
 
 Certification of irrigation bonds. 
 
 § 4. Whenever any bond of an irrigation district organized and existing as afore- 
 said, including any bond authorized in any such district but not sold, which shall be 
 eligible to certification by the state controller under section three of this act, shall be
 
 Act 2271. §§ 5-7 GENERAL. LAWS. 134« 
 
 presented to the state controller, he shall cause to be attached thereto a certificate in 
 substantially the following form : 
 
 Form: 
 
 Sacramento, Cal., (insert date). 
 
 I , controller of the State of California, do hereby 
 
 certify that the within bond, No of issue No of the 
 
 irrigation district, issued (insert date), is, in accordance with an 
 
 act of the legislature of California approved , a legal investment for 
 
 all trust funds and for the funds of all insurance companies, banks, both commercial 
 and savings, trust companies, the state school funds and any funds which may be 
 invested in county, municipal or school district bonds, and it may be deposited as 
 security for the performance of any act whenever the bonds of any county, city, city 
 and county, or school district may be so deposited, it being entitled to such privileges by 
 virtue of an examination by the state engineer, the attorney general and the superin- 
 tendent of banks of the state of California in pursuance of said act. The within bond 
 may also, according to the constitution of the state of California, be used as security 
 for the deposit of public money in banks in said state. 
 
 Controller of state of California. 
 In case of a change in the constitution or any of the laws of this state relating to the 
 bonds of irrigation districts, the state controller shall, if necessary, modify the above 
 certificate so that it shall conform to the facts. 
 
 Facsimile signature suf&cient. 
 
 A facsimile of the controller's signature, printed or otherwise, impressed upon said 
 certificate shall be a suflBcient signing thereof; provided, that the imprint of the con- 
 troller's seal thereon shall appear upon both the certificate and the bond over and 
 through the printed signature. [Amendment of May 20, 1915. In effect August 8, 
 1915. Stats. 1915, p. 692.] 
 
 Commission created. 
 
 ^ 5. The attornej' general, the state engineer and the superintendent of banks are 
 hereby constituted the commission herein provided for, and said commission shall elect 
 one of its members chairman and may employ such clerks and assistants as may be 
 necessary for the performance of the duties herein imposed, and may fix the compen- 
 sation to be paid to such clerks and assistants. 
 
 Expenses. 
 
 $ 6. All necessary expenses incurred in making the investigation and report in this 
 act provided for shall be paid as the commission may require by the irrigation district 
 whoso property has been investigated and reported on by the said commission; provided, 
 that the benefit of any services that may have been performed and any data that may 
 have been obtained by any member of said commission or any other public official in 
 pursuance of the requirements of any law other than this act, shall be available for 
 the use of the commission herein provided for without charge to the district whose 
 affairs are under investigation. 
 
 Bonds certified legal investments for trust funds, etc. 
 
 ^ 7. All bonds certified in accordance with the terms of this act shall be legal 
 investments for all trust funds, and for the funds of all insurance companies, banks, 
 both commercial and savings, and trust companies, and for the state school funds, and 
 whenever any money or funds may, by law now or hereafter enacted, be invested in 
 bonds of cities, cities and counties, counties, school districts, or municipalities in the 
 
 J
 
 I 
 
 1341 IRRIGATION AXD IRRIGATION DISTRICTS. Act 2272, §§ 1-5 
 
 state of California, such money or funds may be invested in the said bonds of irrigation 
 districts, and whenever bonds of cities, cities and counties, counties, school districts 
 or municipalities may by any law now or hereafter enacted be used as security for 
 the performance of any act, bonds of irrigation districts under the limitations in 
 this act provided may be so used. This act is intended to be and shall be considered 
 the latest enactment upon the matters herein contained, and any and all acts in conflict 
 with the provisions hereof are hereby repealed. 
 
 PAYMENT OF ASSESSMENTS IN INSTALLMENTS. 
 ACT 2272 — An act to permit boards of directors of irrigation districts organized or 
 existing under and by virtue of an act of the legislature, entitled "An act to provide 
 for the organization and government of irrigation districts, and to provide for the 
 acquisition or construction thereby of works for the irrigation of the lands 
 embraced within such districts, and also to provide for the distribution of water 
 for irrigation purposes," approved March 31, 1897; to provide for the payment in 
 two installments of the assessments levied under and in accordance with the pro- 
 visions of said act. 
 
 History: Approved March 19, 1909, Stats. 1909, p. 415. 
 
 Payment of assessments. 
 
 § 1. It shall be lawful for boards of directors of irrigation districts, organized or 
 existing under or by virtue of an act of the legislature, entitled "An act to provide 
 for the organization and government of irrigation districts, and to provide for the 
 acquisition or construction thereby of works for the irrigation of lands embraced 
 within such districts and also, to provide for the distribution of water for irrigation 
 purposes"; approved March 31, 1897; to provide for the payment of assessments levied 
 in accordance with the provision of said act, in two installments. 
 
 May be payable in two installments. 
 
 $ 2. The directors of any such irrigation district may, whenever they shall so deter- 
 mine, and must upon a petition in writing, signed by a majority of the assessment 
 payers within such district, pass a resolution providing that thereafter all assessments, 
 except special assessments provided for by section 34 of said act of 1897, shall be pay- 
 able in two installments, and in said resolution shall specify when such payments may 
 be made. 
 
 Resolution for. 
 
 $ 3. Such resolution must be passed before the first Monday in August, and can not 
 be rescinded to take effect during any year after the first Monday of March in that year. 
 
 When assessments become delinquent. 
 
 $ 4. Whenever the board of directors of such irrigation district shall have so deter- 
 mined, thereafter one-half of the assessments levied within such district shall become 
 delinquent at 6 o'clock P. M. on the last Monday of December, and one-half thereof 
 shall become delinquent at 6 P. M. on the last Monday of June next thereafter, pro- 
 vided that where an assessment has been levied as provided in section 34 of said act 
 the whole of such assessment shall become delinquent on the last Monday in December. 
 
 Only effect of this act. 
 
 § 5. When provision is made, as herein provided, for the payment of said assess- 
 ments in two installments, the publication of the delinquent list provided for in said 
 act, shall not be made before the first day of July, but must be made on or before the 
 first day of August, and except as otherwise herein provided all of the provisions of 
 said irrigation act or acts not inconsistent with this act relative to the assessment, pay-
 
 Act 2373, §§ 1-3 GENERAL LAWS. 1342 
 
 ment and collection of assessments, notice of assessments, publication of delinquent list, 
 and sale for delinquent assessment, and all othei' provisions I'elative to such assessments 
 shall be applicable, and the only effect of this act shall be to permit the payment of 
 such assessments in two installments, and to postpone the notice of sale and sale pro- 
 vided for in said act until after the first day of July, and when sale is made at the time 
 herein specified it shall have the same effect as though made at the time and in the 
 manner specified in said act of 1897. 
 
 RELEASE OF LIENS UPON CANCELLATION OF BONDS. 
 ACT 2273 — An act to provide for the release of all claims and liens arising from irriga- 
 tion district bonds and interest coupons voluntarily surrendered for cancellation, and 
 to provide for the establishment of record of such release. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1460. 
 
 Petition to surrender irrigation district bonds. 
 
 § 1. Whenever a holder of bonds and interest coupons issued by an irrigation district 
 organized under the provisions of an act entitled "An act to provide for the organiza- 
 tion and government of irrigation districts, and to provide for the acquisition of water 
 and other property', and for the distribution of water thereby for irrigation purposes," 
 approved March seven, eighteen hundred and eighty-seven, and all acts supplementary 
 thereto, or amendatory thereof, including an act entitled, "An act to provide for the 
 organization and government of irrigation districts, and to provide for the acquisition 
 or construction thereby of works for the irrigation of the lands embraced within such 
 districts, and, also, to provide for the distribution of water for irrigation purposes," 
 approved March thirty-one, eighteen hundred and ninety-seven; shall desire to sur- 
 render such bonds and interest coupons and have the same canceled and discharged and 
 released as a claim against said district and as a lien or charge thereon and against any 
 of the land or property thereof or therein, and shall desire to have it established of 
 record that said bonds and coupons and the said claims, liens and charges arising there- 
 from are canceled, discharged and released, he may file a petition for such purpose in 
 the superior court for the county wherein is situated any of the land included in said 
 district. 
 
 Proceeding in rem deemed commenced. 
 
 $ 2. By the filing of said petition, an action in the nature of a proceeding in rem 
 against all persons interested in said bonds or coupons or anj' of them, shall be deemed 
 commenced. Notice of said proceeding shall be given by filing a notice of the pendency 
 of the proceeding in the office of the county recorder of each of the counties wherein 
 is situated any of the land included in said district and by publication of a notice of 
 the pendency of the proceeding once a week for at least four weeks in one newspaper 
 published in each of the counties wherein is situated any of the land included in said 
 district. The notice of the pendency of the proceeding shall contain the name of the 
 petitioner, a description of the bonds and coupons with respect of which the proceeding 
 is commenced, a brief description of the relief sought by the proceeding, the time when 
 the proceeding will be heard by the court (which must not be earlier than thirty days 
 after the last publication of said notice), and a notice to all persons interested in the 
 proceeding requiring them to appear at such time at said court to show cause if any 
 they have why the relief sought by the proceeding should not be granted. 
 
 Jurisdiction. 
 
 ^ 3. Upon the completion of the said publication and at the time named in the notice 
 for the hearing, the court shall have full and complete jurisdiction of the petitioner and 
 of the said bonds and coupons and of all parties having or claiming any interest of any 
 
 1
 
 1343 IRRIGATION AND IRRIGATION DISTRICTS. Act 2274. § 1 
 
 kind in said bonds or coupons or any of them, for the puii^oses of said proceeding and 
 shall have full and complete jurisdiction to render the judgment therein which is pro- 
 vided for by this act. 
 
 Hearing and judgment. 
 
 $ 4. Any person interested may at or before the time named in the notice for the 
 hearing, appear and by answer filed to said petition contest the title of the petitioner 
 to said bonds or coupons or any of them and the court shall order the entry of the 
 default of all persons who shall have failed to so appear and answer. Thereupon or at 
 such time to which the hearing may be continued, the court shall proceed and deter- 
 mine the ownership of said bonds and coupons and must in all cases require proof of 
 the facts alleged in the petition. If the court finds that the petitioner is the owner of 
 said bonds and coupons or some of them and that the allegations contained in the peti- 
 tion with respect of said bonds and coupons so owned by him are true, then the court 
 shall by its judgment describe the bonds and coupons so owned by the petitioner and 
 shall decree that they are surrendered, canceled, discharged and released as a claim 
 against said district and as a lien or charge thereon and against any of the land or 
 property thereof or therein and such judgment shall be conclusive and binding upon 
 every person having or claiming any interest of any kind in said bonds or coupons or 
 any of them and the said bonds or coupons shall thereupon be marked canceled by the 
 clerk of said court and delivered by him into the possession of the said irrigation dis- 
 trict whenever such district shall demand the same; and after said judgment, said 
 bonds and coupons shall not comprise any claim, lien or charge against said district or 
 any of the land or property thereof or therein. 
 
 Judgment recorded. 
 
 $ 5. A certified copy of the judgment in said proceeding shall be recorded in the 
 office of the county recorder of each of the counties wherein is situated any of the land 
 included in said district and shall constitute complete notice that said bonds and cou- 
 pons have been surrendered, canceled, discharged and released and do not comprise any 
 claim, lien or charge against said district or any of the land or property thereof or 
 therein. 
 
 Procedure. 
 
 $ 6. Except as herein otherwise provided, all the provisions and rules of law relating 
 to evidence, pleading, practice, new trials and appeals applicable to other civil actions, 
 shall apply to the proceedings hereby authorized. 
 
 $ 7. This act shall take effect immediately. 
 
 REDEMPTION OF PROPERTY SOLD FOR DELINQUENT ASSESSMENTS. 
 ACT 2274 — An act to provide for the redemption of property which has been heretofore 
 sold to irrigation districts for delinquent assessments. 
 
 History: Approved March 10, 1891, Stats. 1891, p. 53. 
 
 Delinquent assessments. Who may redeem property. Certificates. Treasurer's receipt's. 
 
 § 1. In all cases where property has heretofore been sold for delinquent assessments, 
 under the provisions of the act of March seventh, eighteen hundred and eighty-seven, 
 providing for the organization of irrigation districts, and an irrigation district has 
 become the purchaser, and has not disposed of the same, the person whose estate has 
 been sold, or his heirs, executors, administrators, or other successors in interest, may 
 redeem such property by paying to the treasurer of the district wherein the property is 
 situated the amount of assessments due thereon at the time of the sale, with interest 
 thereon at the rate of two per cent per month; and also all assessments that were a 
 lien upon said property at the time said assessments became delinquent; and also for
 
 Aot 2275. §S 1> 2 GENERAL LA^VS. 1314 
 
 each year since the sale for which assessments on said property have not been paid, an 
 amount equal to the percentage of assessments for that year, upon the value of said 
 real estate assessed for the year of the sale, with interest from the first day of January 
 of each of said years, respectively, at the same rate; and also all costs and expenses, 
 and fifty per cent penalty, which may have accrued by reason of such delinquency and 
 sale, and the costs and expenses of redemption, as herein specified. The board of direc- 
 tors of any district shall, on the application of any person desiring to redeem under 
 the provisions of this act, make an estimate of the amount to be paid, and shall, by a 
 resolution entered on their minutes, authorize the treasurer of the district, on the receipt 
 of the amount determined by them, to give him triplicate certificates of the amount, 
 specifying the several amounts thereof, one of which certificates shall be filed with the 
 secretary of the district, one with the county recorder of the county in which the land 
 is situated, and one with the treasurer of the district, to whom payment of the money 
 shall be made, on the issuance of said certificates. The county recorder shall be paid 
 by the redemptioner, for filing and recording said certificate, the sum of two dollars, 
 and upon the filing of such receipt with the recorder any deed or certificate of sale that 
 may have been made to the district shall become null and void; and all right, title, and 
 interest acquired by the district under and by virtue of the assessment sale shall cease 
 and determine. The receipt of the treasurer of the district herein provided for shall be 
 recorded in the recorder's office of the county in which said property is situated, in the | 
 book of deeds, and the record thereof shall have the same effect as that of a deed of 
 reconveyance of the interest conveyed by said deed or certificate of sale. 
 
 $ 2. This act shall take effect immediately. 
 
 LEASING WATER FOR POWER DEVELOPMENT. 
 
 ACT 2275— An act to provide for the leasing and disposition of water for generation of 
 
 power for mechanical purposes, by irrigation districts organized or to be organized 
 
 under and pursuant to an act entitled "An act to provide for the organization and 
 
 government of irrigation districts, and to provide for the acquisition of water and 
 
 other property, and for the distribution of water thereby for irrigation purposes," 
 
 approved March 7, 1887. 
 
 History: Approved March 23, 1893, Stats. 1893, p. 295. Probably 
 to be treated as supplementary to the Wright act, and superseded, 
 along with that act, by the Bridgeford act. See Act 2266, §§ 100-105. 
 
 Board of directors to lease. 
 
 $ 1. Whenever any irrigation district formed, or to be formed, under and pursuant to 
 the provisions of an act entitled "An act to provide for the organization and govern- 
 ment of irrigation districts, and to provide for the acquisition of water and other prop- 
 erty, and for the distribution of water thereby for irrigation purposes," approved 
 March seventh, eighteen hundred and eighty-seven, in the development of its works, as 
 in said act provided, may have opportunity, without increased expenditure, to utilize 
 the water by it owned or controlled for mechanical purposes not inconsistent with the 
 provisions of said act, the board of directors may lease the same, as in this act herein- 
 after provided. 
 
 Notice of intention to lease to be published. Contents of notice. 
 
 $ 2. Whenever the board of directors may desire to lease the use of water, as here- 
 inbefore stated, they shall pass a resolution of intention to so lease the same. Immedi- 
 ately thereafter the secretary shall cause notice of such intention to be given by publi- 
 cation in one newspaper published in each county in which lands of the district are 
 situated for at least twenty days (provided, a newspaper is published therein, other- 
 wise in any newspaper the board of directors may select), and in such neAvspapers as 
 may be deemed advisable, calling for bids for the leasing of said water for the puri)0se3 
 
 (
 
 1315 IRRIGATION AXD IRRIGATION DISTRICTS. Act 2276, §§ 1, 3 
 
 hereinbefore mentioned. Said notice shall state that the board will receive sealed pro- 
 posals therefor, that the lease will be let to the highest responsible bidder, stating the 
 time and place of opening said i^roposals. 
 
 Opening bids and awarding proposals. 
 
 § 3. At the time and place appointed the board shall proceed to open the proposals 
 in public. As soon thereafter as may be convenient the board shall let said lease in 
 portions, or as a whole, to the highest responsible bidder, or they may reject any or all 
 bids, and readvertise for proposals for the same. \ 
 
 Rental. How payable. Moneys, how to be used. 
 
 5 4. The rental accruing ui:)on said lease may vary from year to year, as shall be 
 specified in said lease, and shall be payable semi-annually, on the thirtieth day of 
 December and thirtieth day of June of each year. All moneys collected, as in this act 
 provided, shall be paid into the treasury, and be used in the manner provided in section 
 34 of said act, except that the period of ten years, as mentioned in said section 34 
 shall not be applicable to the provision of this act; provided, however, that if an,^ 
 coupons on any outstanding bonds of such district are at any time due and payable, 
 and there shall for any reason not be sufficient funds in the interest fund to pay the 
 same, the proceeds so collected, as in this act provided, may be used to pay the same. 
 
 Lease. Penalty for failure to pay rental. 
 
 $ 5. The board shall have power, as in this act provided, to execute a lease for any 
 period not exceeding fifty years. If at any time the rental shall not be paid on the days 
 hereinbefore mentioned, the amount of such rental then due shall be doubled, and if 
 not paid within ninety days thereafter, the said lease shall be forfeited to said dis- 
 trict, together with any and all works constructed, owned, used, or controlled by said 
 lessee. 
 
 Board may require bond. 
 
 (» 6. Upon the letting of any lease, as in this act provided, the board may require the 
 lessee to execute a bond for the payment of the rental, and proper performance of the 
 said lease, or give such other evidence of good faith as in their judgment may be 
 necessary. 
 
 § 7. This act shall take effect immediately. 
 
 CONTRACTS FOR WATER FOR IRRIGATION. 
 ACT 2276 — An act declaring upon what terms contracts between persons, companies, 
 associations, or corporations furnishing water for irrigation to the consumers of such 
 water shall be valid, and to provide that such contracts shall be deemed based upon 
 sufficient consideration. 
 
 History: Approved March 16, 1901, Stats. 1901, p. 331. 
 
 Contracts to furnish water authorized. 
 
 $ 1. It is and shall be lawful for any person, company, association, or corporation, 
 furnishing for sale, rental, or distribution any appropriated waters for purposes of 
 irrigation, to enter into contracts with individual consumers of such water or with 
 bodies of such consumers, relating to the sale, rental or distribution of such water, or 
 any thereof, which contracts, subject to the restrictions hereinafter declared, shall be 
 valid to all intents and purposes, any law or rule to the contrary notwithstanding. 
 
 Rate. 
 
 $ 2. No such contract shall provide for the sale, rental, or distribution of any such 
 water at any rate exceeding the established rates fixed and regidated therefor by the 
 
 Gen. Laws — 85
 
 Act 22TJS, 88 1-3 
 
 GEiNKRAL. LAWS. 
 
 1346 
 
 board of supervisors of tLe proper counties, or fixed and established by such person, 
 company, association, or corporation, as provided by law. 
 
 Consideration. 
 
 ^ 3. Nothing in this act contained shall be construed to authorize or make valid any 
 contract not made for a valuable consideration; but an agreement on the part of such 
 person, company, association, or corporation to sell, rent, or distribute any water to a 
 consumer, without payment in advance therefor, or upon any other terms to which such 
 consumer is not otherwise lawfully entitled, shall be deemed and taken to be a valuable 
 and sufficient consideration for such contract. 
 
 Contract made prior to time supervisors fix rates. 
 
 $ 4. Nothing in this act contained shall affect any contract made prior to the time 
 that the board of supervisors fix and establish the rates and regulations for and under 
 which water shall be sold and supplied. 
 
 5 5. This act shall take effect and be in force from and after its passage. 
 
 DECLARING IRRIGATION A PUBLIC USE. 
 ACT 2278 — An act regarding irrigation and declaring the same to be a public use. 
 History: Approved May 1, 1911, Stats. 1911, p. 1407. 
 
 Power of eminent domain may be exercised to further irrigation. 
 
 $ 1. IiTJgation in the state of California is hereby declared to be a public necessity 
 and a public use, and the power of eminent domain may be exercised on behalf of such 
 public use in accordance with the provisions of title VII, part III of the Code of Civil 
 Procedure of the state of California. Provided, that any person, firm or corporation, 
 exercising the power of eminent domain and in control of water appropriated for sale, 
 rental or distribution, shall not, by this act, be relieved from the duty of furnishing 
 water to irrigate the lands over which any right of way is obtained by condemnation 
 for irrigation purposes as required by an act entitled, "An act to regulate and control 
 the sale, rental and distribution of appropriated water in this state, other than in any 
 city, city and county, or town therein and to secure the rights of way for the convey- 
 ance of such water to the places of use," approved March 12, 1885, or any other law 
 now in force in this state. 
 
 Does not repeal act of 1885. 
 
 ^ 2. This act shall not I'epeal or modify an act entitled, "An act to regulate and 
 control the sale, rental and distribution of appropriated water in this state, other than 
 in any city, city and count}', or town therein, and to secure the rights of way for the 
 conveyance of such water to the place of use," approved March 12, 1885, and other 
 acts supplemental thereto and amendatory thereof, or shall the same be construed to 
 alter or change the law of the state of California as to the duty of any person, firm or 
 corporation in charge of a public use to furnish water. 
 
 ^ 3. This act shall be in foi'ce from and after its passage. 
 
 1. Effect ot act — "Irrlg-atlon" made a 
 "public use." — The effect of the act is 
 merely to amend section 1238 of the Code 
 of Civil Procedure by adding "irrigation" 
 to the "public uses" enumerated therein. — 
 Gravelly Ford & Co. v. Pope & Talbot Co., 
 36 Cal. App. 556, 178 Pac. 150. 
 
 2. Condemnation from private uHea not 
 authorixed. — This act does not authorize 
 condemnation for irrigation purpose by an 
 Individual for his private use but for the 
 
 use of the public only. — Gravelly Ford Co. 
 v. Pope & Talbot Co., 36 Cal. App. 556, 178 
 Pac. 150. 
 
 3. Same. — The power of eminent domain 
 can not be used by a private person to 
 promote private enterprises, no matter how 
 necessary or advantageous it may be to 
 their successors, or how beneficial to the 
 public. — Gravelly Ford Co. v. Pope & Tal- 
 bot Co., 36 Cal. App. 556, 178 Pac. 150.
 
 1347 IRRIGATION AND IRRIGATION DISTRICTS. Acts 2279-2283, g 1 
 
 OAKDALE IRRIGATION DISTRICT— VALIDATION. 
 
 ACT 2279— An act to recognize and declare valid all proceedings in Oakdale irrigation 
 
 district. 
 
 History: Approved April 12, 1915. In effect August 8, 1915. Stats. 
 1915, p. 56. Prior act of March 1, 1911, Stats. 1911, p. 262, superseded 
 by the present act. 
 
 Oakdale irrigation district, validated. 
 
 $ 1. Oakdale in'igation district, as formed by the board of supervisors of Stanislaus 
 county, state of California, and as now existing, is hereby recognized and declared valid, 
 and all proceedings of organization and formation and the including of all lands since 
 its organization and formation are hereby approved and declared valid. 
 
 "WEST SIDE IRRIGATION DISTRICT." 
 ACT 2280 — An act to create an irrigation district, to be called "The West Side Irri- 
 gation District," embracing certain portions of the counties of San Joaquin, Stan- 
 islaus, Merced, and Fresno. 
 
 History: Approved March 25, 1878, Stats. 1877-78, p. 468. 
 
 *'WEST SIDE IRRIGATION DISTRICT "—VALID ATION. 
 
 ACT 2280a — An act recognizing and declaring valid the West Side irrigation district 
 
 and approving and declaring valid all proceedings on formation and organization of 
 
 said district. 
 
 History: Approved March 20, 1917. In effect July 27, 1917. Stats. 
 1917, p. 15. 
 
 West Side irrigation district validated. 
 
 § 1. The West Side irrigation district in the county of San Joaquin, state of Cali- 
 fornia, as formed and organized by the board of supervisors of said county and as now 
 existing, is hereby recognized and declared valid and all proceedings on formation and 
 organization of said district are hereby approved and declared valid. 
 
 "MODESTO IRRIGATION DISTRICT." 
 ACT 2281 — An act to create an irrigation district, to be called the Modesto Irrigation 
 District. History: Approved March 30, 1878, Stats. 1877-78, p. 820. 
 
 "MODESTO IRRIGATION DISTRICT "—VALIDATION. 
 ACT 2282 — An act to recognize and declare valid aU proceedings in Modesto irrigation 
 district. History: Approved March 1, 1911, Stats. 1911, p. 262. 
 
 Modesto irrigation district. 
 
 § 1. Modesto irrigation district as formed by the board of supervisors of Stanislaus 
 county, state of California, and as now existing is hereby recognized and declared valid, 
 and all proceedings on organization and formation are hereby approved and declared, 
 valid. 
 
 § 2. This act shall take effect immediately. 
 
 "TURLOCK IRRIGATION DISTRICT"— VALIDATION. 
 ACT 2283 — An act to recognize and declare valid all proceedings in Turlock irrigation 
 district. History: Approved March 1, 1911, Stats. 1911, p. 261. 
 
 Turlock irrigation district. 
 
 § 1. Turlock irrigation district, as formed by the board of supervisors of Stanislaus 
 county, state of California, and as now existing is hereby recognized and declared valid,
 
 Act«22ftl. 22S5. Sil.a 
 
 GCNRRAL. LAWS. 134i 
 
 and all proceedings on organization and formation are hereby approved, and declared 
 valid. 
 
 i 2. This act shall take effoct immediately. 
 
 "SOUTH SAN JOAQUIN IRRIGATION DISTRICT "—VALIDATION. 
 ACT 2284 — An act to recognize and declare valid all proceedings in South San Joaquin 
 irrigation district. 
 
 History: Approved March 1, 1911, Stats. 1911, p. 262. 
 
 South San Joaquin irrigation district. 
 
 ^ 1. South San Joaquin irrigation district as formed by the board of supervisors of 
 San Joaquin county, state of California, and as now existing is hereby recognized and 
 declared valid, and all proceedings on organization and formation are hereby approved, 
 and declared valid. 
 
 ^ 2. This act shall take effect immediately. 
 
 "IMPERIAL IRRIGATION DISTRICT "—VALIDATION. 
 ACT 2285 — An act validating the formation and organization, and determining the 
 boundaries of Imperial irrigation district in the county of Imperial, state of Cali- 
 fornia. 
 
 History: Approved December 24, 1911, Stats. 1911 (ex. sess.), p. 119. 
 
 Imperial irrigation district. 
 
 $ 1. Imperial irrigation district in the county of Imperial, state of California, as 
 authorized by an affirmative vote of one thousand two hundred and ninety-eight quali- 
 fied electors of the territory embraced within the boundaries of said district to three 
 huii'lred and sixty-two votes against the organization thereof, and as formed and organ- 
 ized by the board of supervisors of said Imperial county and as now existing, is hereby 
 recognized and declared valid and all proceedings on formation and organization thereof 
 are hereby approved and declared valid. 
 
 Boundaries. 
 
 ^ 2. The boundaries of said district are hereby declared to be as follows : Begin- 
 ning at a point in the international boundary line between the United States and Mexico, 
 said point being situated 200 feet westerly from Monument No. 217 and running thence 
 north to the north line of section 10 in T. 17 S., R. 16 E., according to the U. S. resur- 
 vey; thence east one mile more or less to the quarter corner between sections 2 and 11 
 in said township; thence north one half mile more or less to the center of section 2; 
 thence east one half mile more or less to the east line of said section 2; thence north 
 one and one half miles more or less to the intersection of the east line of tract 51, with 
 the north line of section 35, all in T. 16 S., R. 16 E., according to the U. S. resurvey. 
 Thence east along the north line of said section 35, one half mile; thence north one 
 mile more or less, to the southwest corner of tract 64 in said T. 16 S., R. 16 E. ; thenco 
 past one half mile to the southeast corner of said tract 64; thence north along tract 
 lines three miles to the southeast corner of tract 99, in said T. 16 S., R. 16 E. ; thence 
 west quarter mile to the southwest corner of said tract 99 ; thence north one mile, more 
 or less, to the north line of section 2, of said township; thence west one mile more or 
 less to the northwest corner of said section 2; thence north one mile to the northeast 
 corner of section 34, yi T. 15 S., R. 16 E. ; thence west one half mile to the quarter corner 
 between sections 27 and 34 of said township; thence north two miles to the quarter 
 comer between sections 15 and 22 of said township; thence east one half mile to south- 
 east comer of said section 15; thence north along section lines eight and one half miles 
 to the quarter corner between sections 2 and 3 in T. 14 S., R. 16 E,; thence west one 
 
 I
 
 1^49 IRRIGATION AND IRRIGATION DISTRICTS. Act a285a, § 1 
 
 half mile to the center of said section 3; thence north one half mile to the quarter 
 corner between said section 3 and section 34 in T. 13 S., R. 16 E. ; thence west one half 
 mile; thence north one mile; thence west one half mile; thence north one mile; thence 
 west one half mile; thence north two miles; thence west one mile; thence north to the 
 northeast corner of section 6, in said T. 13 S., R. 16 E. ; thence west to the quarter 
 corner on the south side of section 36, in T. 12 S., R. 15 E., according to the 1856 sur- 
 vey; thence north one mile; thence west one mile; thence north one mile; thence west 
 one half mile; thence north one mile; thence west one half mile; thence north one mile; 
 thence west one mile; thence north one mile; thence west one half mile; thence north 
 one mile to the southeast corner of section 32 in T. 11 S,, R. 15 E., according to 
 1856 survey; thence west one mile; thence north one mile; thence west one half mile; 
 thence north one mile; thence west one half mile; thence north one mile; thence west 
 one mile; thence north one half mile; thence west one half mile; thence north one and 
 one half miles; thence west one half mile; thence north one half mile; thence west one 
 half mile; thence north one half mile to the quarter corner on the north side of section 
 3, T. 11 S., R, 14 E., according to the 1856 survey; thence west along township line six 
 and one half miles, more or less to the northwest corner of section 3 in T. 11 S., R. 13 E., 
 according to the 1856 survey; thence south four miles; thence west three miles; thence 
 south five miles; thence west five miles; thence south three miles to the southwest cor- 
 ner of section 32 in T. 12 S., R. 12 E., according to the 1856 survey; thence east one 
 half mile, more or less, to the northwest comer of section 4 in T. 13 S., R. 12 E., accord- 
 ing to the U. S. resurvey ; thence south one mile, more or less, to the southwest corner 
 of said section 4; thence east one half mile; thence south one mile; thence east one 
 half mile; thence south one mile; thence east one mile; thence south one mile; thence 
 east one mile; thence south one half mile; thence east one half mile; thence south one 
 and one half miles; thence east one half mile to the southeast corner of section 36 in 
 T. 13 S., R. 12 E., U. S. resurvey; thence south one mile; thence east one half mile; 
 thence south one half mile; thence east one half mile; thence south one half mile; thence 
 east one half mile; thence south one mile; thence east one mile; thence south one mile; 
 thence west one mile, more or less, to the canal known as the Thistle canal, and shown 
 on the official map of Imperial county of date 1909, as "No. 8, high line canal (pro- 
 posed)"; thence southeasterly along said canal to its intersection with the West Side 
 main canal; thence westerly along said West side main canal, to its intersection with 
 the Fern canal as shown on said official map; thence westerly and southwesterly along 
 the west side of said Eern canal to its intersection with said West Side main canal; 
 thence in a southerly direction along said West Side main canal, as shown on said 
 official map, to its intersection with the boundary line between United States and Mex- 
 ico; thence easterly along said boundary line to the point of beginning. 
 
 "IMPERIAL IRRIGATION DISTRICT"— LEGALIZING BONDS. 
 ACT 2285a — An act to legalize bonds issued and to be issued and sold by Imperial irri- 
 gation district. 
 
 History: Approved March 26, 1915. In effect immediately. Stats. 
 1915, p. 18. 
 
 Bonds of Imperial irrigation district validated. 
 
 $ 1. Bonds of Imperial irrigation district for the amount of three million five hun- 
 dred thousand dollars, dated January 1, 1915, and issued by virtue of resolution of the 
 board of directors of Imperial irrigation district passed November 2, 1914, and by 
 virtue of an election held in said Imperial irrigation district on the 29th day of October, 
 1914, and all the acts and proceedings of said irrigation district leading up to and 
 including the issuance and sale of said bonds are hereby legalized, ratified, confirmed 
 and declared valid to all intents and purposes and all such bonds sold or exchanged
 
 Act 2285b, § 1 
 
 GENERAL LAWS. 
 
 1350 
 
 eitlier before or after the passag'e of this act are hereby legalized and declared to be 
 legal and valid obligations of and against said irrigation district. 
 
 Urgency. 
 
 $ 2. This act is hereby declared to be an urgency measure within the meaning of 
 section one, article four of the constitution of the state of California and shall take 
 effect immediately. 
 
 The facts constituting such urgency are as follows : 
 
 The bonds herein mentioned were authorized by vote of the electors of said district 
 for the purpose of purchasing the irrigation system by which the people of said dis- 
 trict are furnished with water for irrigation and domestic purposes and of protecting 
 such irrigation system and thereby the people in it from destruction by flood of the 
 Colorado river. 
 
 This district with its population of over thirty thousand people is in great danger of 
 loss of life and property by such threatened overflow during the approaching summer. 
 It is necessary for protection against such danger that said district be enabled to sell 
 such bonds and owing to the many new features presented in this new district upon 
 which no judicial pi'eeedents exist, it is impossible to sell the bonds herein mentioned 
 unless they are validated. 
 
 The flood season of the Colorado river is the month of May and in order that the 
 proceeds of such bonds may be available in time to meet such flood this act must take 
 effect upon its passage. It is therefore necessary for the immediate preservation of 
 public safety that this act take effect immediately. 
 
 "IMPERIAL IRRIGATION DISTRICT"— PURCHASE OF BONDS OF CALI- 
 FORNIA DEVELOPMENT COMPANY. 
 ACT 2285b — An act authorizing the Imperial irrigation district to acctuire the irrigation 
 system and works of the California Development Company and its subsidiary com- 
 pany and successors in California and Mexico by condemnation or purchase, and, in 
 case of purchase, to exchange bonds of said district for such irrigation system and 
 works or for property interests therein. 
 
 History: Appi'oved May 4, 1915. In effect August 8, 1915. Stats. 
 1915, p. 343. 
 
 Imperial irrigation district authorized to acquire irrigation system of California Devel- 
 opment Company. 
 
 § 1. The Imperial irrigation district, in the county of Imperial, state of California, 
 is hereby authorized to acquire, by condemnation or purchase, the irrigation system 
 and works of the California Development Company in California and the capital stock 
 of the Mexican corporation or corporations owning the portion of the irrigation sys- 
 tem through which the lands in Imperial irrigation district are supplied with water, 
 lying in the republic of Mexico. In case of purchase said irrigation district may 
 exchange bonds for said irrigation system and works, or for the capital stock repre- 
 senting the ownership thereof, or of any part thereof, and the board of directors of 
 said Imperial in-igation district is hereby authorized to enter into such contracts for 
 the acquisition of said irrigation system and works, or for the capital stock represent- 
 ing the ownership thereof, as it may, in its discretion, deem for the best interests of said 
 irrigation district, and it is also hereby authorized to enter into separate contracts with 
 all or any of the judgment and other creditors or stockholders of said California Devel- 
 opment Company and its subsidiary companies, and their successors in interest and 
 with other persons or corporations owning property interests in said irrigation system 
 and works through stock ownership or otherwise in the United States or in Mexico, and 
 to provide in said contracts for the exchange of bonds of said Imperial irrigation dis-
 
 b 
 
 i351 IRRIGATION AND IRRIGATION DISTRICTS. Acts 2286, 2287, § 1 
 
 tiict for such property interests upon such terms and conditions as said board of 
 directors may, in its discretion, deem for the best interest of said district; provided, 
 however, that the whole amount of bonds so agreed to be exchanged shall not exceed 
 three million dollars. 
 
 1. Irrig-ation system ordered sold. — The irrig-ation system of the California Develop- 
 ment Company was ordered sold to the Imperial Irrigation District for $3,000,000 of the 
 bonds of the district. — In re Application of Southern Pacific Co., etc., 9 R. C. D. 746. 
 
 "SAN YSIDRO IRRIGATION DISTRICT "—VALIDATION. 
 
 ACT 2286 — An act to organize and declare valid all proceedings in the San Ysidro 
 
 irrigation district. 
 
 History: Approved April 14, 1913. In effect August 10, 1913. Stats. 
 1913, p. 25. 
 
 San Ysidro irrigation district validated. 
 
 § 1. San Ysidro irrigation district as formed by the board of supervisors of San 
 
 Diego county, state of California, and as now existing, is hereby organized and declared 
 
 valid, and all proceedings in organization or formation are hereby approved and 
 
 declared valid. 
 
 Boundaries. 
 
 § 2. The boundaries of said district are hereby declared to be as follows : Beginning 
 at a point 133.14 feet west of the quarter comer to section one, township 19 south, 
 range 2 west and section 6, township 19 south, range 1 west, San Bernardino meridian, 
 thence north along the subdivision line of said section 1, 2640 feet more or less to the 
 line between townships 18 and 19 south, range 2 west; thence north along the sub- 
 division line of section 36, township 18 south, range 2 west, 600 feet to a point; thence 
 west 600 feet to a point; thence north 45 degrees, west 933.5 feet, more or less to the 
 northwest corner of the southwest quarter of the southwest quarter of the southeast 
 quarter of section 36; thence north along the north and south center line of section 36, 
 800 feet to a point; thence west 2640 feet more or less to a point on line between sec- 
 tions 35 and 36; thence north 522.80 feet to the quarter corner between sections 35 and 
 36; thence west 2640 feet more or less to the center of section 35; thence south along 
 the center line of section 35, 1320 feet more or less to the eighth corner of said section 
 .35; thence east along said subdivision line 1165 feet more or less to the northwest cor- 
 ner of the Levi Ware tract ; thence south along the west line of said tract 600 feet more 
 or less to the northerly line of the right of way of the San Diego southern railway; 
 thence southeasterly along the northerly line of said right of way to a point 198 feet 
 west of the line between sections 35 and 36; thence south degrees 22 minutes west, 
 1355.75 feet, to the southwest corner of addition number 3 to San Ysidro, map on file 
 in the county recorder's office of San Diego county, California; thence south 89 degrees 
 55 minutes east 950 feet more or less to the west line of "N" tract, San Ysidro sub- 
 division; thence south along the west line of said "N" tract to the center line of sec- 
 tion 1, thence east along the center line of section 1 to the place of beginning. 
 
 "ANDERSON-COTTONWOOD IRRIGATION DISTRICT "—VALID ATION. 
 ACT 2287 — An act to recognize and declare valid all proceedings in Anderson- Cotton- 
 wood irrigation district. 
 
 History: Approved April 15, 1915. In effect August 8, 1915. Stats. 
 1915, p. 74. 
 
 Anderson-Cottonwood irrigation district validated. 
 
 $ 1. The Anderson-Cottonwood irrigation district as formed by the board of super- 
 visors of the county of Shasta, state of California, and as now existing is hereby recog- 
 nized and declared valid, and all proceedings on organization and formation are hereby 
 approved and declared valid.
 
 AetM :!2i>S-2200, § 1 
 
 GENCRAL. LAAVS. 
 
 1352 
 
 "LA MESA, LEMON GROVE AND SPRING VALLEY IRRIGATION DISTRICTS- 
 VALIDATION. 
 ACT 2288 — An act to recognize and declare valid all proceedings in La Mesa, Lemon 
 Grove and Spring Valley irrigation district. 
 
 History: Approved May 3, 1915. In effect August 8, 1915. Stats. 
 1915, p. 323. 
 
 La Mesa, Lemon Grove and Spring Valley irrigation district validated. 
 
 $ 1. La Mesa, Lemon Grove and Spring Valley irrigation district as formed by the 
 board of supervisors of San Diego county, state of California, and as now existing, is 
 liereby recognized and declared valid and all proceedings on organization and formation 
 are hereby approved and declared valid. 
 
 "WATERFORD IRRIGATION DISTRICT"— VALIDATION. 
 
 ACT 2289 — An act to recognize and declare valid all proceedings in and relative to the 
 
 Wnterf ord irrigation district and the organization thereof. 
 
 History: Approved May 21, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1249. 
 
 Waterf ord irrigation district validated. 
 
 ^ 1. The Waterford irrigation district, situated in the county of Stanislaus, as 
 
 formed by the board of supervisors of said county of Stanislaus, state of California, 
 
 and as now existing or as hereafter modified according to law is hereby recognized and 
 
 declared valid, and all proceedings on organization and formation are hereby approved 
 
 and declared valid, and said Waterford in-igation district is hereby declared to be a 
 
 duly organized irrigation district. ♦ 
 
 1. CouMtitutioualitj- — Delegation powers 
 of public board. — To convey the legal title 
 of the property of an irrigation district in 
 trust to secure the bonds of a district 
 would contravene the provisions of section 
 13, article XI, of the constitution, forbid- 
 ding the delegation of the statutory powers 
 of a public board. — Merchants, etc., Bank 
 v. Escondido Irr. Dist., 144 Cal. 329, 77 
 Pac. 937. 
 
 2. Irrigration districts — Public corpora- 
 tions — Private corporations. — Irrigation dis- 
 tricts, as to their public functions, are to 
 be classed as public corporations; and as 
 to the private rights of the individual land- 
 owners, they are private corporations. — 
 Merchants, etc., Bank v. Escondido Irr. 
 Dist.. 144 Cal. 329, 77 Pac. 937. 
 
 3. Election to authorize bond issue. — 
 Nusatory. — A departure from the statute 
 in calling an election for the issuance of 
 bonds and in the notice, in the matter of 
 the time of opening and closing the polls, 
 renders the election nugatory. — Fallbrook 
 Irr. Dist. v. Abila, 106 Cal. 365, 39 Pac. 794. 
 
 4. Bonds in proper form. — ^The bonds in 
 
 this case are in proper form. — Central Irr. 
 Dist. V. De Lappe, 79 Cal. 351, 21 Pac. 825. 
 
 5. Statute of limitations — Canse of ac- 
 tion to cancel bonds. — The statute of limi- 
 tation does not begin to run against a 
 cause of action to cancel the bonds of an 
 irrigation district, from the date of the 
 order for the issuance of the bonds, or from 
 the date of the contract therefor, but from 
 the date of the delivery of tlie bonds for a 
 valuable consideration, and as to bonds de- 
 livered within the statute and bonds not 
 issued, the action is not barred. — Sechrist 
 V. Rialto Irr. Dist., 129 Cal. 640, 62 Pac. 
 261. 
 
 6. Quo warranto — Rigrhts of pnrcha.sers 
 of boud.s. — In quo warranto against an irri- 
 gation district the bona flde purcliasers of 
 bonds of the district may intervene and to 
 unite with the district in defending the suit, 
 and may avail themselves of all procedure 
 and remedies to which the district was en- 
 titled, including the right of appeal. — Peo- 
 ple ex rel. Fogg v. Perris Irr. Dist., 132 Cal. 
 289, 64 Pac. 399, 773. 
 
 "CARMICHAEL IRRIGATION DISTRICT "—VALIDATION. 
 ACT 2290 — An act to recognize and declare valid all proceedings in Carmichael irriga- 
 tion district. 
 
 History: Approved March 20, 1917. In effect July 27, 1917. Stats. 
 1917, p. 12. 
 
 Carmichael irrigation district validated. 
 
 § 1. Carmichael irrigation district as formed by the board of supervisors of the 
 
 county of Sacramento, state of California, and as now existing, is hereby recognized 
 
 ■A
 
 1353 IRRIGATION AND IRRIGATION DISTRICTS. Acin 2291-2204, § 1 
 
 and declared valid and all proceedings on" organization and formation are hereby 
 approved and declared valid. 
 
 "HAPPY VALLEY IRRIGATION DISTRICT "—VALID ATION. 
 
 ACT 2291 — An act to recognize and declare valid all proceedings in Happy Valley 
 
 irrigation district. 
 
 History: Approved May 23, 1917. In effect July 27, 1917. Stats. 
 1917, p. 906. 
 
 Happy Valley irrigation district validated. 
 
 $ 1. The Happy Valley irrigation district as formed by the board of supervisors of 
 the county of Shasta, state of California, and as now existing, is hereby recognized and 
 declared valid and all proceedings on organization and formation are hereby approved 
 and declared valid. 
 
 "PARADISE IRRIGATION DISTRICT "—VALIDATION. 
 
 ACT 2292 — ^An act to recognize and declare valid the Paradise irrigation district, and 
 
 all proceedings in relation thereto and to the organization thereof. 
 
 History: Approved March 20, 1917. In effect July 27, 1917. Stats. 
 1917, p. 13. 
 
 Paradise irrigation district validated. 
 
 $ 1. Paradise irrigation district, situate in the county of Butte, as formed by the 
 board of supervisors of said county, and as now existing or as the boundaries thereof 
 may hereafter be modified according to law, is hereby recognized and declared a valid 
 irrigation district with all the powers and authority vested in irrigation districts, and 
 all proceedings on organization and formation thereof are hereby approved and declared 
 valid. 
 
 "STRATFORD IRRIGATION DISTRICT "—VALIDATION 
 
 ACT 2293 — An act to recognize and declare valid the Stratford irrigation district, and 
 
 all proceedings in relation thereto and to the organization thereof. 
 
 History: Approved March 20, 1917. In effect July 27, 1917. Stats. 
 1917, p. 14. 
 
 Stratford irrigation district validated. 
 
 $ 1. Stratford irrigation district, situated in the county of Kings, as formed by the 
 board of supervisors of said county, and as now existing or as the boundaries thereof 
 may hereafter be modified according to law, is hereby recognized and declared a valid 
 irrigation district with all the powers and authority vested in irrigation districts, and 
 all proceedings on organization and formation thereof are hereby approved and declared 
 valid. 
 
 "TERRA BELLA IRRIGATION DISTRICT "—VALIDATION. 
 
 ACT 2294 — An act to recognize and declare valid the Terra Bella irrigation district, and 
 
 all proceedings in relation thereto and to the organization thereof. 
 
 History: Approved March 20, 1917. In effect July 27, 1917. Stats. 
 1917, p. 14. 
 
 Terra Bella irrigation district validated. 
 
 ? 1. Terra Bella irrigation district, situate in the county of Tulare, as formed by the 
 board of supervisors of said county, and as now existing or as the boundaries thereof 
 may hereafter be modified according to law, is hereby recognized and declared a valid 
 irrigation district with all the powers and authority vested in imgation districts, and 
 all proceedings on organization and formation thereof are hereby approved and declared 
 valid.
 
 A ft* •2204n-T2ii4e 
 
 GENERAL LAWS. 
 
 1354 
 
 "LINDSAY-STRATHMORE IRRIGATION DISTRICT "—VALIDATION. 
 
 ACT 2294a An act to recognize and declare valid the Lindsay- Strathmore irrigation 
 
 district, and all proceedings in relation thereto and to the organization thereof. 
 History: Approved March 20, 1917. In effect July 27, 1917. Stats. 
 1917, p. 15. 
 
 Lindsay- Strathmore irrigation district validated. 
 
 5 1. Lindsay-Stratlimore irrigation district, situate in the county of Tulare, as 
 formed by the board of supervisors of said county, and as now existing or as the bound- 
 aries thereof may hereafter be modified according to law, is hereby recognized and 
 declared a valid irrigation district with all the powers and authority vested in irriga- 
 tion districts, and all proceedings on organization and formation thereof are hereby 
 approved and declared valid. 
 
 "BAXTER CREEK IRRIGATION DISTRICT "—VALIDATION. 
 ACT 2294h — An act to recognize and declare valid all proceedings in Baxter creek irri- 
 gation district. 
 
 History: Approved May 4, 1917. In effect July 27, 1917. Stats. 
 1917, p. 227. 
 
 Baxter creek irrigation district validated. 
 
 § 1. The Baxter creek irrigation district as formed by the board of supervisors of 
 the county of Lassen, state of California, and as now existing, is hereby recognized and 
 declared valid, and all proceedings on organization and formation thereof are hereby 
 approved and declared valid. 
 
 "PRINCETON-CODORA-GLENN IRRIGATION DISTRICT "—VALIDATION. 
 
 ACT 2294c — An act to recognize and declare valid all the proceedings in Princeton- 
 
 Codora-Glenn irrigation district. 
 
 History: Approved May 4, 1917. In effect July 27, 1917. Stats. 
 1917, p. 228. 
 
 Princeton-Codora-Glenn irrigation district validated. 
 
 § 1. The Princeton-Codora-Glenn irrigation district as formed by the board of super- 
 visors of the county of Glenn, state of California, and as now existing is hereby recog- 
 nized and declared valid, and all the proceedings on organization and formation are 
 hereby approved and in all respects declared valid. 
 
 "RED ROCK CREEK IRRIGATION DISTRICT"— VALIDATION. 
 
 ACT 2294d — An act to recognize and declare valid aU proceedings in Red Rock creek 
 
 irrigation district. 
 
 History: Approved April 21, 1919. In effect July 22, 1919. Stats. 
 1919, p. 124. 
 
 Eed Rock creek irrigation district validated. 
 
 $ 1. Red Rock creek irrigation district, as formed by the board of supervisors of the 
 county of Lassen, state of California, and as now existing, is hereby recognized and 
 declared valid, and all proceedings on organization and formation are hereby approved 
 and declared valid. 
 
 "TRANQUILLITY IRRIGATION DISTRICT "—VALIDATION. 
 ACT 2294e — An act to recognize and declare valid all proceedings in Tranquillity irri- 
 gation district. 
 
 History: Approved April 21, 1919. In effect July 22, 1919. Stats. 
 1919, p. 124.
 
 1355 JAPANESE. Actu .i.U)4t-Z.^6 
 
 Tranquillity irrigation district validated. 
 
 ^ 1. Tranquillity irrigation district, as formed by the board of supervisors of the 
 county of Fresno, state of California, and as now existing, is hereby recognized and 
 declared valid, and all proceedings on organization and formation are hereby approved 
 and declared valid. 
 
 "FAIR OAKS IRRIGATION DISTRICT "—VALIDATION. 
 ACT 2294f — An act to recognize and declare valid all proceedings in Fair Oaks irrigar 
 tion district. 
 
 History: Approved April 8, 1919. In effect July 22, 1919. Stats. 
 1919, p. 37. 
 
 Fair Oaks irrigation district validated. 
 
 $ 1. Fair Oaks irrigation district, as formed by the board of supei^isors of Sacra- 
 mento county, state of California, and as now existing, is hereby recognized and 
 declared valid, and all proceedings on organization and formation are hereby approved 
 and declared valid. 
 
 "JACINTO IRRIGATION DISTRICT"— VALIDATION. 
 ACT 2294g — An act to recognize and declare valid all the proceedings in the Jacinto 
 irrigation district. 
 
 History: Approved April 4, 1919. In effect July 22, 1919. Stats. 
 1919, p. 32. 
 
 Jacinto irrigation district validated. 
 
 § 1. The Jacinto irrigation district as formed by the board of supervisors of the 
 county of Glenn, state of California, and as now existing, is hereby recognized and 
 declared valid, and all the proceedings on organization and formation are hereby 
 approved and in all respects declared valid. 
 
 JACKSON. 
 
 See Act 3094, note. 
 
 CHAPTER 171. 
 
 JAPANESE. 
 Reference: See, generally, Tit. "Aliens." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2295. Japanese Statistics. 
 2296. Japanese Statistics. 
 
 JAPANESE STATISTICS. 
 
 ACT 2295 — An act to provide for the gathering, compiling, printing and distribution 
 
 of statistics and information regarding the Japanese of the state, and making an 
 
 appropriation therefor. 
 
 History: Approved March 8, 1909, Stats. 1909, p. 227. 
 
 This act provided for the gathering of statistics by the state labor commissioner and 
 appropriated $10,000 to carry out the purpose of the act. 
 
 JAPANESE STATISTICS. 
 ACT 2296 — An act to aid in the carrying out of the provisions of an act entitled, "An 
 act to provide for the gathering, compiling, printing and distribution of statistics and 
 information regarding the Japanese of the state, and making an appropriation there- 
 for, ' ' making it the duty of certain officers to keep certain records and furnish such 
 statistics and information. 
 
 History: Approved March 25, 1909, Stats. 1909, p. 719. 
 This aot required certain officers to keep certain records.
 
 Act« 2301-2311 
 
 GENERAL. LAWS. *35« 
 
 CHAPTER 172. 
 JEWISH ORDER OF KESHER SHEL BARSEL. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2301. CONFEREINQ CORPORATE P0WEE3. 
 
 CONFERRING CORPORATE POWERS. 
 ACT 2301 — An act concerning ancient Jewish order of Kesher shel BarseL 
 History: Approved March 21, 1868, Stats. 1867-68, p. 201, 
 Thia act conferred corporate powers on the above order. 
 
 JOHNSON GRASS. 
 
 See tit. "Agriculture." 
 
 CHAPTER 173. 
 
 JUDGES OF THE PLAINS. 
 References: See, generally, tits. "Animals"; Estrays"; "Trespassing AnimalB." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2306. Judges of the Plains. 
 
 JUDGES OF THE PLAINS. 
 ACT 2306— An act concerning judges of the plains (jueces del campo) and defining 
 their duties. 
 
 History: Approved April 25, 1851, Stats. 1851, p. 515. Amended 
 March 31, 1857, Stats. 1857, p. 158; April 25, 1863, Stats. 1863, p. 497. 
 Continued iu force by the codes. See Kerr's Cyc. Penal Code, § 23; 
 Kerr's Cyc. Political Code, § 19. Probably repealed by the county 
 government acts. See Kerr's Cyc. Political Code, §§ 4000, et seq. 
 See editor's note. 
 
 Editor'n note: This act provided for the pealing sections of the acts, operate as an 
 
 appointment of judges of the plains. They implied repeal, by leaving no power to ap- 
 
 were required to attend rodeos of cattle point these very useful officials of a time 
 
 and also to settle disputes as to the owner- that is past. Their activities have left lit- 
 
 ship of animals. The act was continued tie or no mark upon the judicial records of 
 
 in force by the codes, and has never been the state, even in those which relate to the 
 
 superseded or expressly repealed. It is early days. They are referred to in some of 
 
 probable, however, that the provisions of the early cases on trespassing animals, es- 
 
 the county government acts relating to trays and animals running at large. Be- 
 
 powers of supervisors, with the general re- yond that there is practically nothing. 
 
 CHAPTER 174. 
 
 JUDGMENTS. 
 Reference: Actions and suits against the state, see tit. "State." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2311. Payment of Judgments Against Counties and Municipalities. 
 
 2312. Recovery op Judgments Against Municipalities of Over 100,000 Popxjlation. 
 
 PAYMENT OF JUDGMENTS AGAINST COUNTIES AND MUNICIPALITIES. 
 ACT 2311 — An act to provide for the payment of judgments against counties, cities, 
 cities and counties, and towns. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 791. 
 
 Jll
 
 I 
 
 1357 JUDGMENTS. Act 2312, 8 1 
 
 Judgments against counties and municipalities, how to "be paid. 
 
 $ 1. All final judgments now existing or that may be obtained hereafter against any 
 county, city and county, city, or town of the state of California, shall be paid by the 
 treasurer of such county, city and county, or town, as hereinafter provided. 
 
 Duties of officers. 
 
 § 2, It shall be the duty of the county clerk to file with the auditor and to furnish 
 the board of supervisors, toAvn trustees, or other board or body authorized by law to 
 levy taxes, a complete list of all existing final judgments against such county, city and 
 county, city or town, of record in his office, at least fifteen days before the day on 
 which any tax levy must by law be made. 
 
 Same. Judgments may be paid in installments. 
 
 ^ 3. It shall be the duty of the auditor to examine and audit the final judgments 
 so reported by the county clerk, and to certify the amount of such final judgments to 
 the treasurer within five (5) days from the day on which such list of final judgments 
 is filed with him. Thereupon, the board of supervisors, city council, town trustees, 
 or other board of officers, as the case may be, having authority to levy taxes upon the 
 taxable property of such county, city and county, city, or town, must include in the 
 tax levy for the next fiscal year a rate or sum sufficient to pay all final judgments 
 existing against such county, city and county, city, or town. The omission to include 
 the amount of any existing final judgment in the tax levy for any year, shall not of 
 itself invalidate the tax levy as made, but such omission or omissions must be included 
 in the next tax levy; provided, that the board of supervisors or other board or officers 
 having authority to levy taxes may provide for the payment of such final judgments 
 when so audited by including in the tax levy for the next fiscal year an aliquot part 
 or fraction of the amount of such judgments, and thereupon the treasurer shall pay 
 to each judgment creditor a like aliquot part or fraction of the amount of the judg- 
 ment of the creditor, and thereafter a like aliquot part or fraction of the amount of 
 such judgments shall be levied and paid each successive year until the whole thereof 
 shall be fully paid; but such fractional levy and payments shall in no case be less 
 than one-tenth (1/10) of the whole amount of such judgments. 
 
 § 4. This act shall take effect immediately. 
 
 1. Scope of act — Xot construed as au- 2. Duty of city council — Inclusion of de- 
 tliorizing' demand ■»vliicl» \>-ould lie violative mand in tax levy. — The duty of the city 
 of constitution. — The act of March 23, 1901 council of a municipality under this act, to 
 (Stats. 1901, p. 794), is not available for the include the amount of a judgment against 
 enforcement of a demand against a munici- the city in the tax levy, depends upon the 
 pality against the revenue and income of furnishing by the clerk, to the council, 
 ar fiscal j'ear subsequent to that in which fifteen days before the day requires the levy 
 the liability on which the demand is based to be made, of a report of the judgment, 
 was incurred, and to hold otherwise w^ould and if this is not done, and the report is 
 be to effect a violation of the provisions of not received until the day of the levy, pro- 
 section 18, article XI, of the constitution. — vision must be made in the next year's levy. 
 Arthur v. City of Petaluma, 175 Cal. 216, — Arthur v. Horwege, 28 Cal. App. 738, 153 
 224, 165 Pac. 698. Pac. 980. 
 
 See, also, San Joaquin L. & P. Co. v. City 
 of Madera, 175 Cal. 229, 165 Pac. 701. 
 
 RECOVERY OF JUDGMENTS AGAINST MUNICIPALITIES OF OVER 
 
 ONE HUNDRED THOUSAND POPULATION. 
 
 ACT 2312 — An act prescribing how judgments which may he recovered against any 
 
 city and county of over one hundred thousand population shaU he paid. 
 
 History: Approved March 26, 1895, Stats. 1895, p. 163. 
 
 Judgment-s against city and county of over 100.000 population to he paid out of the 
 
 general fund. 
 
 $ 1. All existing judgments against anj' city and county of over one hundred thou- 
 sand population shall be paid by the treasurer of such city and county, out of the or
 
 All .i3.i4. a 1-a 
 
 Ul<:Kfc:KAI. LAWS. I«t5» 
 
 anv general fund thereof, after the same shall have been audited by the auditor, 
 auiiitiug otlicer, board, or other auditing officer or officers, and it is hereby made the 
 duty of the board of supervisors and mayor of such city and county to include in the 
 tax levy for any fiscal year a sum sufficient to pay existing judgments. 
 
 Time of taking effect. 
 ^ 2. This act shall take effect and be in force immediately after its passage. 
 Apparently restricted to existing judgments. 
 
 JURORS. 
 
 See tit. "Fees." 
 
 CHAPTER 175. 
 JUSTICES' CLERK. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2324. Justices' Clerk in Cities and Counties of Oveb 100,000 Population. 
 2325. Clekk in Township Justice's Couet. 
 
 JUSTICES* CLERK IN CITIES AND COUNTIES OF OVER 100,000 POPULATION. 
 
 ACT 2324 — An act relatinu to the justices' courts in cities and counties of more than 
 two hundred thousand population, and providing for the appointment of a justices' 
 clerk and his assistants, prescribing their duties and fixing their compensation. 
 History: Approved March 25, 1903, Stats. 1903, p. 477. 
 
 Appointment of justices' clerk. 
 
 ^ 1. The supervisors in every city and county of more than two hundred thousand 
 population shall appoint a justices' clerk upon the written nomination and recommen- 
 dation of the justices of the peace of said city and county or a majority of them, who 
 shall hold office for four years and until his successor is in like manner appointed 
 ;aid qualified. 
 
 Oath of office and bond. 
 
 i 2. Said justices' clerk shall take the constitutional oath of office, and give bond 
 in the sum of ten thousand dollars for the faithful discharge of the duties of his office, 
 and in the same manner as is or may be required of other officers of said city and 
 county. A new or additional bond may be required by the supervisors of such city and 
 county, whenever they may deem it necessary. 
 
 Appointment of assistants. 
 
 ^ 3. The justices' clerk shall have authority to appoint one cashier, one chief deputy 
 clerk, two deputy clerks and one messenger, for whose acts he shall be responsible on 
 his official bond. The said appointees to hold office during the pleasure of said justices' 
 clerk- 
 Authority of assistants. 
 
 ^ 4. Said chief deputy clerk and said deputy clerks shall have authority to admin- 
 ister oaths, and take and certify affidavits in any action, suit or proceeding in tho 
 justices' courts in such city and county and generally to perform all acts which the 
 justices' clerk himself might perfornii. 
 
 Salaries. 
 
 4 5. Said justices' clerk and his appointees shall receive for their official services 
 the following salaries and no other or further compensation, payable out of the treas- 
 ury of such city and county, after being allowed and audited as other similar demands
 
 1W» JUSTICES' CLERK. Act 2325, 88 1, a 
 
 are required by law to be allowed and audited: The said justices' clerk the sum of 
 three thousand dollars per annum ; the cashier and the chief deputy clerk each the sum 
 of eighteen hundred dollars per annum; the deputy clerks fifteen hundred dollars per 
 annum each; and the messenger twelve hundred dollars per annum. 
 
 Office hours. 
 
 ^ 6. The said justices, justices' clerk and his said appointees shall be in attendance 
 at their respective offices for the dispatch of official business, daily, except Sundays 
 and holidays, from the hour of nine o'clock a. m. until five o'clock p. m. 
 
 Duty of justices' clerk. 
 
 5 7. In all actions, suits, and proceedings commenced in the justices' court in such 
 city and county, or before any of the justices of the peace thereof, the original process 
 shall be returnable, and the parties summoned required to appear before one of the 
 justices of the peace, to be designated by the justices' clerk, upon issuing such process. 
 
 To issue legal process in all kinds of actions. 
 
 § 8. All legal process of every kind in actions, suits or proceedings in said justices ' 
 court shall be issued by the said justices' clerk. 
 
 Conflicting acts repealed. 
 
 § 9. All other acts so far as they conflict with this act are hereby repealed. 
 
 $ 10. This act shall take effect immediately. 
 
 Editor's note: This act seems to have since § 86 relates to Justices' clerks In cities 
 
 superseded the code provision on the same and counties mentioned in § 85, the code 
 
 subject. See Kerr's Cyc. Code Civ. Proc, provides for justices' clerks in cities and 
 
 § 86. That section of the code was amended counties of over 400,000 population, while 
 
 in 1915 (Stats. 1915, p. 58), which also the act does the same, in substantially the 
 
 amended § 85, so as to refer to cities and same phraseology, for cities and counties 
 
 counties of over 400,000 population, so that, of more than 100,000. 
 
 CLERK IN TOWNSHIP JUSTICE'S COURT. 
 
 ACT 2325— An act to provide for the emplojrment of a clerk by certain justices of the 
 
 peace and to pay the salaries of such clerk. 
 
 History: Approved April 15, 1909, Stats. 1909, p. 906. 
 Clerk to township justice clerk. 
 
 ^ 1. In cities of this state, where there are two justices of the peace, one of whom 
 is the city justice of said city, and who is paid a salary and who is provided with a 
 clerk and courtroom by said city and the other justice known as the township justice 
 and whose compensation in civil cases is by fee and who is paid a salary by the county 
 in lieu of fees for all criminal cases that the district attorney may try or examine in 
 said township justice's court, the justice of the peace in and for said township jus- 
 tices' court is hereby entitled to and may appoint a clerk subject to the approval of 
 the board of supervisors of the county to properly keep the records of his court and to 
 do and perform such other work as the justice of said court may assign to such clerk. 
 
 Salary. 
 
 $ 2. The clerk of said township justice 's court shall be paid an annual salary of 
 twelve hundred dollars, to be paid monthly by the county in which said justice 's court 
 shall be located; said clerk's salary shall be audited, allowed and paid as the salaries 
 of county officers are audited, allowed and paid. 
 
 JUSTICES OF THE PEACE. 
 
 See Kerr's Cyc. Political Code, $4239. 
 
 Townslilp Justices' clerks in townships of 250,000 to 400.000 inhabitants.— See Kerr'a 
 Cyc. Code Civil Procedure, §§ 101, et seq.
 
 Act JiXil. 69 l-S 
 
 UKNKKAli L.AVVS. IwtttO 
 
 CHAPTER 176. 
 JUTE GOODS. 
 Reference: See tits. "Advertisement"; "Insurance"; "Prisons"; Act 3608. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2331. Sale Price op Jute Goods. 
 
 2332. Insurance of Jute Goods. 
 
 2333. Permanent Fund for Purchase of Jutb. 
 
 SALE PRICE OF JUTE GOODS. 
 
 ACT 2331 An act authorizing the state board of prison directors to fix the price, 
 
 terms and conditions of sale at which jute bags should be sold for the state, provid- 
 ing for the prosecution and punishment for offenses under the same, and repealing 
 an act entitled, "An act fixing the price, terms and conditions of sale at which jute 
 goods shall be sold by the state, and providing for prosecution and punishment for 
 offenses under the same," approved June 16, 1913, and all acts or parts of acts in 
 conflict herewith. 
 
 History: Approved January 30, 1915. In effect immediately. Stats. 
 1915, p. 13. Prior act of February 27, 1893, Stats. 1893, p. 54. Amended 
 March 20, 1905, Stats. 1905, p. 532. Repealed by the act of March 22, 
 1907, Stats. 1907, p. 857, which was amended March 10, 1909, Stats. 
 1909, p. 280, and repealed by the act of June 16, 1913, Stats. 1913, 
 p. 1011, which was repealed by the present act. 
 
 Sale of jute goods, prices, etc. 
 
 § 1. The state board of prison directors are authorized and empowered to adopt 
 rules and regulations of the sale of jute goods, but such rules and regulations, before 
 they become effective, shall be approved by a majority of the state board of control. 
 The state board of prison directors shall annually, in the month of January of each 
 year fix the price, for the sale of jute bags, and give public notice of the same, for at 
 least ten days in at least four newsi^apers of general circulation printed and published 
 as follows, to wit: one in the city and county of San Francisco, one in the San Joaquin 
 valley, one in the Salinas valley, and one in the Sacramento valley. Until the first day 
 of April of each year, jute bags shall be sold only to consumers thereof, but after said 
 date, if a surplus of said jute bags remain unsold, they may be sold to any one in such 
 quantities and at such prices as the board of prison directors in their discretion may 
 deem proper. 
 
 Orders accompanied by affidavit. 
 
 ^ 2. All orders for jute bags filed with the board of prison directors prior to the 
 first day of April of each year, shall be accompanied by an affidavit setting forth the 
 name, residence, post office address and occupation of the applicant; that the amount 
 of goods contained in the order are for the applicant's individual and personal use, 
 and that he has not contracted for, nor agreed to contract for the sale of any portion 
 thereof to any person or persons whatsoever. Said affidavit shall be subscribed and 
 sworn to before a notary public, justice of the peace, or other officer authorized to 
 administer oaths. 
 
 Penalty for false affidavit. 
 
 § 3. Any person who shall falsely or fraudulently make such affidavit, or who shall 
 falsely or fraudulently procure jute bags under the provisions of this act, shall be 
 guilty of a misdemeanor, and on conviction thereof shall be fined not less than two 
 hundred dollars. 
 
 J
 
 1361 JUTE GOODS. Act 2332, §§ 1, 2 
 
 Public record. 
 
 § 4, The board of prison directors shall keep at the San Quentin prison a book for 
 public inspection, in which shall be entered the number of jute bags, the amount of 
 jute goods manufactured each year, and also the name of each purchaser, his post 
 office address, his occupation, number of jute bags or jute goods purchased by him, 
 and the price paid by him therefor and the date of sale and the place to which ship- 
 ment is made. 
 
 Act 1913 repealed. 
 
 $5. An act entitled, "An act fixing the price, terms and conditions of sale at 
 which jute goods shall be sold by the state, and providing for prosecution and punish- 
 ment for offense under the same"; approved June 16, 1913, and all other acts and 
 parts of acts in conflict with this act are hereby repealed. 
 
 Urgency. 
 
 § 6. This act is hereby declared to be an urgency measure within the meaning of 
 section one of article four of the constitution of the state of California and shall 
 take effect immediately. The following is a statement of facts constituting such 
 urgency : Since the fixing of the present price of jute goods manufactured in the state 
 prison, the market price has fallen on account of financial conditions incident to the 
 European war, and the state has been, now is, and, until the taking effect of this act, 
 will be unable so to change the price of said goods as to be able [to] sell or dispose 
 of any portion thereof. The state now has in stock over two hundred fifty thousand 
 dollars worth of such jute goods, which it is the purpose and effect of this act to 
 enable the state, acting through its board of prison directors, to sell, in order that the 
 moneys now invested in said goods may be rendered available for the use and support 
 of the state prison. 
 
 INSURANCE OF JUTE GOODS. 
 ACT 2332 — An act to authorize and empower the state board of prison directors to 
 insure jute and jute goods against either fire or marine loss and to pay the cost of 
 such insurance from the revolving fund for the purchase of jute. 
 
 Title as amended : 
 
 "An act to authorize and empower the state board of prison directors to insure 
 
 jute, jute goods, and other prison made goods and materials for the manufacture of the 
 
 same, against either fire or marine loss and to pay the cost of such insurance from the 
 
 revolving fund for the purchase of jute and fi'om the manufacturing revolving fund." 
 
 [Amendment of April 30, 1919. In effect July 22, 1919. Stats. 1919, p. 175.] 
 
 History: Approved March 10, 1909, Stats. 1909, p. 281. Entire act 
 Including title amended April 30, 1919. In effect July 22, 1919. Stats. 
 1919, p. 175. 
 
 Act as amended: 
 Insurance of jute goods. 
 
 ^ 1. The state board of prison directors is hereby authorized and empowered to 
 insure from time to time against fire or marine loss, all jute and jute goods owned by 
 the state, in such amounts as it may deom proper. The cost of such insurance shall 
 be paid from the revolving fund for the purchase of jute. 
 
 Insurance of other prison made goods. 
 
 ^ 2. The state board of prison directors is hereby authorized to insure from time 
 to time against fire or marine loss, all furniture, shoes, clothing or other articles manu- 
 factured at San Quentin Prison and the materials from which the same are made, in 
 such amounts as it may deem proper. The cost of such insurance shall be paid fx'om 
 the manufacturing revolving fund. 
 
 Gen. Laws — 86
 
 \rl :»33. SS 1. 1 GENERAL LAWS. 13«2 
 
 PERMANENT FUND FOR PURCHASE OF JUTE. 
 ACT 2333— Appropriation for the establishment of a permanent fund for the purchase 
 of jute to be manufactured at the state prison at San Quentin. 
 
 History: Approved March 9, 18S5, Stats. 1885, p. 53. Amended 
 March 16. 1889. Stats. 1889. p. 228; February 23, 1911, Stats. 1911, p. 73; 
 March 24, 1911, Stats. 1911, p. 486. The act of March 8. 1907, Stats. 
 1907. p. 162, appropriated |100,000 for the purpose indicated. 
 
 Act as amended February 23, 1911: 
 
 Appropriation: Purchase of jute. "Revolving fund." 
 
 ^ 1. The sum of two hundred thousand dollars is hereby appropriated out of any 
 money in the state treasury not otherwise appropriated, to provide and maintain a 
 jiermanont revolving fund for the purchase of jute for the state prisons. All moneys 
 taken therefrom to be used exclusively in payment for jute to be used in manufacturing 
 in said state prisons; and so much of the money received from the sale of any goods 
 manufactured from said jute shall be returned to the said revolving fund, so that the 
 fund shall contain two hundred thousand dollars before any of the proceeds from the 
 sale of said manufactured goods are used for any other purpose than the purchase of 
 jute. Whenever said "revolving fund" shall be replenished and there shall be a 
 surplus, or balance, over the amount appropriated, such surplus, or balance, shall be 
 paid, not less frequently then semi-annually, into the state treasury to the credit of 
 the fund to be known as "the prison fund of San Quentin prison" (which "fund" is 
 hereby created), for the use and support of San Quentin prison and of the trades and 
 industries conducted therein. [Amendment approved February 23, 1911, Stats. 1911, 
 p. 73.] 
 
 $ 2. This act shall take effect immediately. 
 
 Act as amended March 24, 1911 : 
 Appropriation: Revolving fund, San Quentin. 
 
 ^ 1. The sum of two hundred thousand dollars is hereby appropriated out of any 
 money in the state treasury not otherwise appropriated, to provide and maintain a 
 permanent revolving fund for the purchase of jute for the state prison. All moneys 
 taken therefrom to be used exclusively in payment for jute to be used in manufacturing 
 in said state prison; and so much of the money received from the sale of any goods 
 manufactured from said jute shall be returned to the said revolving fund, so that the 
 fund shall contain two hundred thousand dollars before any of the proceeds from the 
 sale of said manufactured goods are used for any other purpose than the purchase 
 of jute. Whenever said "revolving fund" shall be replenished and there shall be a 
 surplus or balance over the amount appropriated, such surplus or balance shall be 
 paid, not less frequently than semi-annually, into the state treasury to the credit of 
 the fund to be known as "the prison fund of San Quentin prison" (which "fund" is 
 hereby created), for the use and support of San Quentin prison and of the trades and 
 industries conducted therein. [Amendment approved March 24, 1911, Stats. 1911, p. 
 486. J 
 
 i
 
 isea juve^mile: court. Act 2341, 91 
 
 CHAPTER 177. 
 JUVENILE COURT. 
 
 CONTENTS OF CHAPTER. 
 ACT 2341. Juvenile Coubt Law. 
 
 JUVENILE COURT LAW OF 1915. 
 ACT 2341 — An act to be known as the juvenile court law. and concerning persons under 
 the a^e of twenty-one years; and in certain cases providing for their care, custody 
 and maintenance; providing for the probationary treatment of such persons, and 
 for the commitment of such persons to the Whittier State School and the Preston 
 School of Industry, the California School for Girls, and other institutions; estab- 
 lishing probation officers and a probation committee to deal with such persons and 
 fixing the salary thereof; providing for the establishment of detention homes for 
 such persons; fixing the method of procedure and treatment or commitment where 
 crimes have been committed by such persons; providing for the punishment of those 
 guilty of offenses with reference to such persons, and defining such crimes; and 
 repealing the juvenile court law approved March 8, 1909, as amended by an act 
 approved April 5, 1911, and as amended by an act approved June 16, 1913, and all 
 amendments thereof and all acts or parts of acts inconsistent herewith. 
 
 History: Approved June 5, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1225. Amended (1) May 28, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 1002. (2) May 28, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1022. (3) May 11, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 475. (4) May 18, 1919. In effect July 22, 1919. Stats. 1919, p. 755. 
 (5) May 27, 1919. In effect July 22, 1919. Stats. 1919, p. 1298. Prior 
 act of February 26, 1903, Stats. 1903, p. 44. Amended (1) March 22, 
 1905, Stats. 1905, p. 806; (2) March 21, 1907, Stats. 1907, p. 777. Re- 
 pealed by the act of March 8, 1909, Stats. 1909, p. 213, which was 
 amended (1) February 17, 1911, Stats. 1911, p. 83; (2) as to entire 
 act, April 5, 1911, Stats. 1911, p. 658; (3) as to entire act June 16, 
 1913, Stats. 1913, p. 1285; and repealed by the present act. The 
 acts of 1909 (Stats. 1909, p. 213), 1911 (Stats. 1911, p. 673), and 
 1913 (Stats. 1913, p. 1285), contained saving clauses, providing that 
 orders and judgments made under the act of 1903 should continue in 
 full force and effect. 
 
 "Juvenile court law." 
 
 $1. This act shall be known as the "juvenile court law" and shall apply to any 
 person under the age of twenty-one years: 
 
 Persons affected. 
 
 1. Who is found begging, receiving or fathering alms, or who is found in any street, 
 road or public place for the purpose of so doing, whether actually begging or doing so 
 under the pretext of selling or offering for sale any article or articles, or of singing or 
 playing on any musical instrument, or of giving any public entertainment or accom- 
 panying or being used in aid of any person so doing; or 
 
 2. Who has no parent or guardian; or who has no parent or guardian willing to 
 exercise or capable of exercising proper parental control; or who has no parent or 
 guardian actually exercising such proper parental control and who is in need of such 
 control; or 
 
 3. Who, being a minor, is destitute, or whose father, said person being a minor, does 
 not or can not provide for said person the necessities of life, and who has no other 
 means, through his mother or otherwise, of obtaining said necessities. 
 
 4. Whose home, said person being a minor, by reason of neglect, cruelty or depravity 
 on the part of his parents or either of them, or on the part of his guardian, or on the
 
 Act 2341, §§ 2, 3 
 
 GBNKRAL LAWS. 1364 
 
 part of the person in whose custody or care he may be, is an unfit place for said per- 
 son; or 
 
 5. Who is found wandering and either has no home or no settled place of abode or 
 no visible means of subsistence or no proper guardianship; or 
 
 6. Who is a vagrant or who frequents the company of criminals, vagrants or pros- 
 titutes or persons so reputed; or who is in any house of prostitution or assignation; or 
 
 7. Who habitually visits without parent or guardian any public billiard room or 
 public pool room, or any saloon or any place where any spirituous, vinous or malt liquors 
 are sold, bartered, exchanged or given away; or 
 
 8. Who habitually uses intoxicating liquors or habitually smokes cigarettes, or 
 liabitually uses opium, cocaine, morphine or other similar drug without the direction 
 of a competent physician; or 
 
 9. Who, being a minor, persistently or habitually refuses to obey the reasonable 
 and proper orders or directions of, or who is beyond the control of, his parent, parents, 
 guardian or custodian; or 
 
 10. Who is an habitual truant from school within meaning of any law of this state; or 
 
 11. Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd 
 or immoral life; or 
 
 12. Who is insane, or feeble-minded, or so far mentally deficient that the parents 
 or guardian are unable to exercise proper parental control over said person, or whose 
 mind is so far deranged or impaired as to endanger the health, person, or property of 
 himself or others. 
 
 13. Who violates any law of this state or any ordinance of any town, city, county, 
 or city and county of this state defining crime. 
 
 14. Who shall be declared free from the custody and control of his parents, as more 
 fully defined in section fifteen of this act. 
 
 Persons judged wards of court. 
 
 ^ 2. When any person under the age of twenty-one years, alleged to come within 
 the provisions of any of the subdivisions one to thirteen inclusive of section one of this 
 act, shall be found by said court or judge to come within the tei-ms of any of said sub- 
 divisions as alleged, the court shall adjudge said person to be a ward of the juvenile 
 court and shall in its judgment make a finding of the facts upon which the court exer- 
 cises its jurisdiction over such person as a ward of the juvenile court; and the court 
 shall thereupon make such order or orders, in accordance with said findings, as may be 
 necessary for the care of said ward of the juvenile court; provided, however, that no 
 merely unfortunate person shall be so committed or placed as to be brought into 
 .direct contact or personal association with wayward persons of evil influence. All 
 commitment and recommitment orders shall be in writing, and shall be signed by the 
 judge of the juvenile court. 
 
 Any person may file petition. 
 
 $ 3. Any person may file with the clerk of the superior court a petition showing 
 that there is within the county, or residing therein, or, in the case of any alleged viola- 
 tion within said county of any law or ordinance, that there then was within said 
 county, a person coming within the provisions of section one or section fifteen of this 
 act, and praying that the superior court deal with such person as provided in this act. 
 Such petition shall be verified, and shall contain a statement of the facts bringing said 
 person within the provisions of either of said sections, and the names and residences, 
 if known to said petitioner, of the parent or parents or guardian of said person, or if 
 there be neither parent nor guardian residing within tlie county, or in the case of a per- 
 son coming within the provisions of subdivision fourteen of section one or of section 
 fifteen, if there be no parent residir.g within the state or if his place of residence be 
 
 ill
 
 1365 JVVEJVILE: court. Act 2341, §§ 3a-4b 
 
 not known to said petitioner, then the name and residence, if known to said petitioner, 
 of some relative of said person, residing within said county, or in the case of a person 
 coming within the provisions of subdivision fourteen of section one or of section fifteen, 
 then the name of some relative residing within said state. Either the judge of said 
 court or the clerk thereof may set the time for the hearing of said petition. 
 
 No filing fee. 
 
 4 3a. There shall be no fee for filing such petition mentioned in the foregoing section. 
 Nor shall any fees be charged by any officer for his services in filing, or serving papers, 
 nor for the performance of any duty enjoined upon him by this act, except where the 
 sheriff transports a person to a state institution. 
 
 Probation officer notified. 
 
 § 3b. It shall be the duty of the clerk of any court before which any person alleged 
 to come within the provisions of sections one or fifteen of this act is brought, to notify 
 the probation officer of the county thereof immediately upon the filing of the petition. 
 
 Citation to appear, 
 
 $ 4. Upon the filing of the petition provided for in section three hereof, a citation 
 shall issue, requiring the person or persons having the custody or control of the person 
 alleged to come within the provisions of any of subdivisions one to thirteen inclusive of 
 section one of this act, to apear with said person so alleged at the time and place stated 
 in the citation. Service of said citation must be made at least twenty-four hours before 
 the time stated therein for such appearance. The parents or guardian of said person 
 so alleged, if residing within the county in which the court sits, and if their places of 
 residence be known to the petitioner, or if there be neither parents nor guardian so 
 residing, or if their places of residence be not known to the petitioner, then some 
 relative of said person so alleged, if any there be residing within said county, and if 
 his residence and relationship to said person so alleged be known to the petitioner, 
 shall be notified of the proceeding by service of citation requiring him or them to appear 
 at the time and place stated in said citation. Service of citation may be waived by 
 any person by a voluntary appearance entered in the minutes of the court or by a 
 written waiver of service of citation filed with the clerk of the court at or prior to 
 the hearing. In any case, the judge presiding in the juvenile court may appoint some 
 suitable person to act in behalf of said person so alleged, and may order such further 
 notice of the proceedings to be given as he may deem proper. 
 
 Failure to appear. 
 
 § 4a. If any person cited, as herein provided, shall fail, without reasonable excuse, 
 to appear and abide by the order of the court or to bring said person so alleged, if so 
 required in the citation, such failure shall constitute a contemi)t of said court, and 
 may be punished as provided for in other cases of contempt of court. 
 
 When citation cannot be served. 
 
 § 4b. In case such citation cannot be served, or the party served fails to obey the 
 same, or in any case in which it shall be made to appear to the court that said citation 
 will probably be ineffective, a warrant of arrest shall issue on the order of the court, 
 either against the parent or guardian, or the person having the custody of said person 
 so alleged, or with whom the said person so alleged may be, or against the said person 
 so alleged himself, or any or all said persons; or if there be no person to be served 
 with citation, as above provided, a warrant of arrest may be issued immediately against 
 the said person so alleged. On the return of the citation or other process, or as soon 
 thereafter as possible, the court shall proceed to hear and dispose of the case in a 
 summary manner. Until the final disposition of any case, said person so alleged may
 
 Act 2341,8g4c-6« GENERAL LAWS. 1366 
 
 be retained by the person having charge of said person, or may be kept, upon the 
 order of the court, in some suitable place, provided by the county, or city and county, 
 or may be held otherwise, as the court may direct. 
 
 Prosecution under general law. 
 
 $ 4c. If upon the hearing, or at any time thereafter, said court shall determine that 
 anv person alleged to come within the provisions of subdivision thirteen of section one 
 of this act, is not a fit and proper subject to be dealt with under the provisions of this 
 act, said court may dismiss the petition therein, and direct that said person be prose- 
 cuted under the general law. 
 
 Persons under eighteen. 
 
 § 4d. No person under the age of eighteen years at the time of the commission of an 
 alleged offense or crime shall be prosecuted for crime until the matter has first been sub- 
 mitted to the juvenile court by petition as hereinbefore provided, or by certificate of the 
 lower court as hereinafter provided. 
 
 Order is not conviction. 
 
 § 5. In no ease shall an order adjudging a person to be a ward of the juvenile court 
 be deemed to be a conviction of crime. 
 
 Persons under eighteen not to he tried before justice, etc. 
 
 § 6. Whenever a deposition or complaint shall be filed in any court other than a 
 superior court, charging a person with a crime and it shall be suggested or shall appear 
 to the judge, justice or recorder before whom such person is brought that the person 
 charged was at the date the offense is alleged to have been committed under the age of 
 eighteen years, said judge, justice or recorder, shall immediately suspend all proceed- 
 ings against such person on said chai-ge and examine into the age of such person, and if 
 from such examination, it shall appear to the satisfaction of said judge, justice or 
 recorder, that such person was at the date the offense is alleged to have been committed 
 under the age of eighteen years, he shall forthwith certify to the juvenile court of his 
 county (a) that said person (naming him) is charged with such crime (briefly stating 
 its nature) ; (b) that said person appears to be under the age of eighteen years, giving 
 date of birth when known, and (c) that proceedings have been suspended against such 
 person on such charge by reason of his age, with the date of such suspension ; and im- 
 mediately thereupon all proceedings against the said person on said charge shall be sus- 
 pended until said juvenile court shall issue its mandate, as hereinafter provided, 
 directing the court before which said charge was made to proceed with the examination 
 into or trial thereof, and the court so suspending its proceedings shall forthwith caust^ 
 such person to be taken before the juvenile court of the county for consideration and 
 proceedings under this act. To such certification said judge, justice or recorder, or the 
 clerk of said court shall attach a certified copy of said original deposition or complaint, 
 and when such person shall be brought before the judge of the juvenile court, said 
 judge shall direct the probation officer to file a petition as provided in section three of 
 this act, except that said petition need not be verified; and said probation officer shall 
 forthwith comply with such directions. Pending such hearing said judge may admit 
 said person to bail or otherwise provide for his temporary custody in any manner pro- 
 vided herein for the care of a ward of the juvenile court. 
 
 If juvenile court decides person was over eighteen. In case of persons under twenty-one. 
 The proceedings thereafter shall be the same as in the case of a verified petition; 
 provided, however, that if said judge of the juvenile court shall after such investiga- 
 tion decide that the person was at the time said offense was alleged to have been com- 
 mitted of the age of eighteen years or more, such determination shall be conclusive and 
 
 Jl
 
 1367 JLVKMLE COLIIT. Act 2341, § 7 
 
 he shall immediately issue his mandate directing the court before which such charge is 
 pending to proceed therewith, and upon receipt of such mandate said court shall proceed 
 with the examination or trial of said charge as though no suspension thereof had taken 
 place; except that if said judge of the juvenile court shall find that the person so 
 charged is under the age of twenty-one years, and a fit subject for consideration under 
 the provisions of this act, he may make such order or orders hereunder as he may deem 
 best in relation to such person; but if such judge shall at any time conclude that such 
 person is not a fit subject for further consideration under this act, he may sit as a com- 
 mitting magistrate and hold a preliminary examination if such person is charged with a 
 felony, or he may remand such person to the court in which said person is charged with 
 said offense for further proceedings on said charge, and upon receipt of the mandate of 
 said juvenile court, or the judge thereof, the court before which said charge is then 
 pending shall be vested with full authority to proceed with the examination or trial 
 thereof. 
 
 Statutes of limitations suspended. 
 
 All statutes of limitations relating to the charge so pending against such person shall 
 be suspended as to said person and charge from the issuance by said judge, justice or 
 recorder of his certificate hereinbefore provided for until said juvenile court, or judge 
 thereof, shall issue its mandate remanding such person for further proceedings as 
 aforesaid; and all statutes of limitation relating to any charge, made in any court, 
 against any person under the age of tAventy-one years, shall be suspended as to such 
 charge and person whenever, and as long as, such person is before the juvenile court for 
 consideration under the provisions of this act, or is detained by virtue of any commit- 
 ment issued hereunder and uni-evoked; but if said person shall be discharged by the 
 juvenile court as reformed, such order of discharge shall constitute a bar to any further 
 proceedings in any court against said person upon said charge. 
 
 Persons under twenty-one charged with felony. 
 
 $ 7. Whenever any person over the age of eighteen years and under the age of 
 twenty-one years is accused of a felony or misdemeanor by indictment or information 
 therefor in the superior court of the county, wherein the crime was committed, the 
 judge may in his discretion, with the consent of the accused, or upon his request, arrest 
 said proceeding at the time of an-aignment or at any time previous to the impanelment 
 of a jury, except where the crime charged is a capital offense, or any attempt to commit 
 a capital offense, and may proceed to investigate the charge against the defendant, and 
 all the facts and circumstances necessary to determine the proper disposition to be 
 made of said person, and shall determine whether such person shall be dealt with as a 
 ward of the juvenile court under the provisions of this act. If the court is satisfied 
 upon such investigation that said person should be declared a ward of the juvenile court 
 and should be dealt with under this act, it may make such order or orders as herein 
 provided for the disposition of such wards. If such person thereafter proves not to be 
 amenable to the discipline of the state school to which he may be committed, and the 
 trustees thereof shall determine that said person should be committed to a state peni- 
 tentiary, such person shall be returned to the committing court, and thereafter pro- 
 ceedings shall be had upon the indictment or information commencing at the point at 
 which proceedings were arrested; and said person shall be tried for the offense alleged 
 in the information, and if convicted shall be sent to the penitentiary for such time as 
 the court may determine or otherwise dealt with in accordance with the law for dealing 
 with persons convicted of a felony. If no request is made by the defendant for pro- 
 ceedings under this statute, or if the defendant desires trial by jury, or if the judge 
 declines to consent to the a^jplication of the defendant for proceedings under this stat-
 
 \ 
 
 Alt 23-11,0 8 GENERAL LAWS. 136.S 
 
 ute, said cause shall proceed in the ordinary manner up to the verdict of guilty or not 
 
 guilty, as the case may be. 
 
 May be committed to state schools. If person proves incorrigible. 
 
 If said person is convicted, the court may thereafter receive such evidence as may be 
 oflfered, touching the question as to whether or not said person should be dealt with as 
 a ward of the juvenile court in the manner hereinbefore provided in the case of the 
 application and consent of the accused before trial, and may make such order of proba- 
 tion or commitment to said state schools, and may from time to time modify said pro- 
 bation orders, as is herein provided in the case of persons adjudged wards of the juvenile 
 court. If such person during the period of his commitment to said state institution, 
 l)roves to be incorrigible or not amenable to the discipline of such institution, and it 
 shall be deemed advisable in the judgment of the trustees of such institution that said 
 jierson be sent to a state prison, then said person shall be returned to the superior court 
 in which the verdict was rendered, for sentence, and thereupon the court shall pronounce 
 judgment. 
 Period of commitment and place. Preston and Whittier. 
 
 i 8. When any person alleged to come within the provisions of any of subdivisions 
 one to thirteen inclusive of section one of this act shall be adjudged by said court or 
 judge to come within the terms of any of said subdivisions, and adjudged to be a ward 
 of the juvenile court, the court may make an order commiting said person for such time 
 as the court may deem fit, but not beyond the time when such ward of the juvenile court 
 shall reach the age of twenty-one years, either (a) to the home and care of some repu- 
 table person of good moral character, or (b) to the care of some association, society or 
 corporation embracing within its objects the purpose of caring for or obtaining homes 
 for such persons, willing and able to receive and care for said ward, or (c) to thp care 
 of the probation officer, to be boarded out or placed in some suitable family home, in 
 case provision is made by voluntary contribution, or otherwise, for the payment of the 
 l)oard of said ward until suitable provision may be made for said ward in a home with- 
 out such payment, said ward to be subject to the supervision of the probation officer and 
 the further order of the court; or (d) on probation to the care of the probation officer, 
 .said ward to remain in the home of said ward, or in any other fit home in which the 
 court may order the probation officer to place said ward, subject to the visitation of 
 the probation officer, said ward to report to the probation officer as often as may be 
 required, and to be subject to be returned to the court for further proceedings when- 
 ever such action may appear necessary or desirable; or (e) the court may, if said ward 
 of the juvenile court be a boy, commit him to the Preston School of Industry, or to the 
 Whittier State School, during his minority; provided, that no boy under the age of 
 sixteen years shall be committed to the Preston School of Industry, nor any boy over 
 the age of sixteen years to the Whittier State School, or if a girl, commit her to the 
 California School for Girls, until twenty-one years of age; or may commit such person 
 to any other state or county institution that is now established or may hereafter be 
 established for the purpose of caring for and training persons that come within the 
 provision of this act; provided, however, that before conveying any such person to any 
 such institution it shall be ascertained from the superintendent thereof whether such 
 person can be received; provided, however, that such commitment under this act to 
 either the Preston School of Industry or the Whittier State School shall permit the 
 transfer of any such boy from one institution to the other upon the agreement thereto 
 by the superintendents of such institutions. 
 
 Court may admonish and dismiss. 
 
 When any person alleged to come within the provisions of any of subdivisions one t*? 
 thirteen inclusive of section one of this act sliall be found by said court to come within
 
 1368 JUVENILE COURT. Act 2341. §§ 9-9b 
 
 said provisions, said court may at its discretion admonish said person and dismiss said 
 petition. 
 
 Wards under eight or having contagious disease. 
 
 No ward who is under the age of eight years and no ward who is suffering from any 
 contagious, infectious, or other disease which would probably endanger the lives or 
 health of the other inmates of said state schools shall be committed thereto. No per- 
 son under the age of fourteen years at the time of the commission of any offense with 
 which he may be charged shall ever be sent to a state prison unless he has first been 
 committed to the Whittier State School, or the Preston School of Industry, and has 
 there proved to be incorrigible or not amenable to the discipline of said school. No ward 
 shall be committed to said state schools unless the judge of said court shall be fully 
 satisfied that the mental and phj-sical condition and qualifications of said ward are such 
 as to render it probable that such ward will be benefited by the reformatory educational 
 discipline of such schools. 
 
 History of ward. 
 
 Accompanying the commitment papers, the court must send to the superintendent of 
 the state institution to which said person is conamitted a summary of all the facts in 
 the possession of the court, covering the history of the ward committed, including a 
 statement of the mental and physical condition of said ward. 
 
 [Order may be modified.] Parole system not affected. 
 
 § 9. Any order made by the court in case of any person subject to the jurisdiction 
 of the court under the provisions of any of subdivisions one to thirteen inclusive of 
 section one of this act may at any time be changed, modified or set aside as to the judge 
 may seem meet and proper; provided, however, that nothing in this act contained shall 
 be deemed to interfere with the system of parole and discharge that is now or may here- 
 after be provided by law, or by rule of the board of trustees of the Whittier State School, 
 the Preston School of Industry or the California School for Girls, or any similar state 
 institution or institutions, respectively, for the parole and discharge of wards of the 
 juvenile court committed to the said schools or to any similar state institutions here- 
 after created, or with the management of the said schools, save that the court commit- 
 ting a ward to any of said schools may thereafter change, modify or set aside said order 
 of commitment upon ten days' notice of the hearing of the application therefor being 
 served by United States mail upon the superintendent of the said school to which said 
 person has previously been committed, and providing that the court shall not then 
 change, modify or set aside said order without due consideration of the effect thereof 
 upon the discipline and parole system of said school or institution. 
 
 Notice to probation ofiicer. 
 
 $ 9a. No order of court or modification thereof shall be made in any juvenile court 
 proceedings concerning any ward of the juvenile court either in chambers, or otherwise, 
 without notice of the application therefor having first been given by the judge or the 
 clerk of said court to the probation officer. 
 
 Taking ward from parent. 
 
 § 9b. No ward of the juvenile court as defined in this act shall be taken from the- 
 custody of his parent or legal guardian, without the consent of such parent or guardian 
 unless the court shall find such parent or guardian to be incapable of providing or to 
 have failed or neglected to provide proper maintenance, training and education for said 
 person; or unless said person has been tried on probation in said custody and has failed 
 to reform, or unless said person has been convicted of crime by a jury, or unless the 
 court shall find that the welfare of said person requires that his custody be taken from 
 said parent or guardian.
 
 Act 2341, eS 10, 11 GENERAL LAWS. 1370 
 
 Incorrigible person returned to court. 
 
 $ 10. Should it develop, either at the time of their presentation, or after having 
 become an inmate thereof, that any person, who has been committed to either of such 
 institutions is an improper person to be there retained or so incorrigible or so incapable 
 of reformation under the discipline of the school to which such person may be com- 
 mitted as to render his or her retention detrimental to the interests of the school, the 
 superintendent may, with the approval of the board of trustees of such institution, 
 return such person to the committing court. And in the event of such return, the trans- 
 portation of such person shall be made in the same manner, and the compensation there- 
 for, if any, shall be paid as is provided for in the execution of an order of commitment 
 to such institution. 
 
 Judge to sit as committing magistrate. 
 
 When any ward of the juvenile court under subdivision thirteen of section one of this 
 act shall have been accused of a felony and no indictment or information shall have 
 been filed, and said ward shall have been committed to either of said schools and shall 
 there prove to be incoiTigible or not amenable to the discipline of the said school, and 
 shall be returned to the custody of the juvenile court, which in such case the trustees of 
 said school are hereby authorized to do, it shall be the duty of the judge of said court 
 to sit as a committing magistrate and hold the preliminary examination of such person, 
 and if upon said hearing he shall detennine that there is probable cause to believe that 
 the said person has committed the offense charged in the petition theretofore tiled in 
 said court, he shall hold such person to answer to the superior court, and thereupon the 
 usual proceedings shall be had for the trial of said case in the superior court after the 
 tiling of the information in pursuance to said order of said judge sitting as a commit- 
 ting magistrate, and said person shall be tried by court and jury in the usual manner 
 for the trial of a felony. 
 
 Support of ward. 
 
 § 11. Any order providing for the care and custody of a ward of the juvenile court 
 may provide that the expense of support and maintenance of said ward shall be paid 
 by the parent, parents, guardian of said ward or other person liable therefor, after 
 citation thereto, or from the earnings, property or estate of said ward, and in such case 
 shall state the amount to be so paid. If it is found, however, that the parent, parents, 
 guardian of said ward, or other person liable therefor, are unable to pay or that the 
 earnings, property, or estate, of said ward is insufficient to pay the whole expense of 
 support and maintenance of said ward, the court may direct such additional amount as 
 may be necessary for the maintenance and support of said ward to be paid from the 
 county treasury of the county for the support and maintenance of said ward, the amount 
 so ordered to be paid from the treasury of said county not to exceed, in the case of any 
 one ward, the sum of twenty dollars in any one month. No order for payment shall be 
 made in a sum in excess of the actual cost of supporting and maintaining said ward. 
 No order for the payment of all or part of the expense of support and maintenance of 
 a ward of the juvenile court from the county treasury shall be effective for more than 
 six months, and upon said original and all subsequent hearings the case shall be con- 
 tinued on the calendar, but in no instance to exceed six months. 
 
 Paid to probation oficer. 
 
 The judge of the juvenile court may provide that the amount, or any part of the 
 amount, so paid by parents, parent, guardian or other person liable therefor or from the 
 earnings, property or estate of said ward, shall be paid to the probation officer, to be 
 by him paid as the court shall direct, first, to reimburse the person, association or insti- 
 tution that under court order is caring for and maintainins; said ward and after such
 
 1371 JUVENILE COURT. Act 2341, §§ 12-14 
 
 reimbursement to reimburse the county. For such purpose said probation officer shall 
 keep suitable books and accounts and shall give and keep suitable receipts and vouchers, 
 and if such funds shall be by said probation officer kept in a bank, said bank shall be 
 designated by the judge of said court. The auditor of said county annually in the month 
 of January shall audit such books and accounts and shall make a report thereon to the 
 judge of said court and to the supervisors of such county prior to the thirty-first day 
 of said month of January. 
 
 Extent of parents' control. 
 
 In all cases the court may determine whether or not the parent, parents, or gimrdian 
 shall exercise any control of said ward and shall define the extent thereof. Any dis- 
 obedience or interference with the custody and control of said ward shall constitute a 
 contempt of court. 
 
 Duty of probation officer. 
 
 It shall be the duty of the probation officer to see that such parent, guardian, or 
 other person liable therefor, comply with such orders, or upon three months failure to 
 make such payment to report such failure to said court. The court may thereafter set 
 aside, change or modify any order herein provided for. [Amendment of May 9, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 476.] 
 
 Jurisdiction retained until ward is twenty-one. 
 
 § 12. The court shall retain the jurisdiction of any person who is found to be a ward 
 of the juvenile court until such ward attains his majority, or if a girl, until she attains 
 the age of twenty-one years, unless she is married with the consent of the court entered 
 upon the minutes of the eoiu't, or until said court is satisfied that said ward has fully 
 reformed or that further direction and supervision under the provisions of this act are 
 unnecessary or inadvisable for said ward's reformation. 
 
 Transfer of juvenile court cases. Order of transfer. 
 
 § 13. Whenever a petition has been filed in the juvenile court of a county other than 
 that of the residence of a person coming within any of the provisions of this act, or 
 whenever, subsequent to the filing of a petition in the juvenile court of the county where 
 said person resides, the residence of said person is changed to another county, the entire 
 case may be transferred at any time to the juvenile court of the county wherein said 
 person then resides, and such court must take jurisdiction of the case upon the filing 
 with it of such order. The expense of the transfer of said person shall be borne by the 
 parent, parents, or guardian of the person so transferred or shall be paid out of the 
 earnings, property, or estate of said person, or if the parent, parents or guardian are 
 unable to pay the same or if the earnings, property or estate of said person is insuffi- 
 cient to pay the same the court shall order the same to be paid from the county treasury 
 of the county ordering the transfer. Whenever a case shall be transferred thereunder, 
 the order of transfer shall recite (a) each and all the findings, orders or modification 
 of orders that may have been made in said case, and (b) that said person resides in or 
 has removed to the county to which said matter has been transferred and (c) to said 
 order of transfer shall be attached a certified copy of the original petition in said 
 matter. Such transfer shall be accompanied by a summary of all the facts in the pos- 
 session of the court or probation officer covering the history of said pei'son. [Amend- 
 ment of May 18, 1919. In effect July 22, 1919. Stats. 1919, p. 755.] 
 
 Detention pending hearing. No commitment to jail. 
 
 § 14. In the case of a person alleged to come within the provisions of section one of 
 this act, the juvenile court, pending the hearing, at any time before the person is 
 adjudged a ward or otherwise disposed of, may order that said person be detained in
 
 Act .ii^il, §8 15. 15a GENERAL I>AWS. 1372 
 
 any detention home provided for that purpose by any county, or said person may other- 
 wise be temporarily provided for as to the court may seem fit, in any manner provided 
 herein for the care of a ward of the juvenile court; provided, further, that should the 
 K'O'islative body of the county provide a suitable place for the detention of wards of 
 the juvenile court, such wards may be committed thereto for a definite period to be 
 specified in such order, at the end of which time such wards shall be brought before the 
 court for further order of court. The court may thereafter set aside, change or modify 
 said order and provide for a further detention in said place. No court, judge, magis- 
 trate or peace ofiBcer shall commit a person under sixteen years of age to any jail or 
 prison, before trial and conviction, or detain such person therein, but if any such person 
 is not released pending such hearing, he may be committed to the care and custody of a 
 sheriff, constable or other peace officer, who shall keep such person in a detention home 
 or some other suitable place outside of the enclosure of any jail or prison, as the court 
 may direct. When any person under sixteen years of age shall be sentenced to con- 
 finement in any institution to which adult convicts or prisoners are sentenced or con- 
 fined it shall be unlawful to confine such person in the same room, yard or enclosure 
 with such adult convicts or prisoners, or to permit such person to come or remain in 
 contact with such adult convicts or prisoners. 
 
 Persons free from parents' control. 
 
 § 15. Within the meaning of this act the words "persons who should be declared 
 freed from the custody and control of his parents ' ' shall include any person : 
 
 1. Who has been left in the care and custody of another by his parent or parents 
 without any provision for his support, or without communication from such parent or 
 pai-ents, for the period of one year with the intent to abandon said person; such failure 
 to provide, or such failure to communicate for the period of one year shall be presump- 
 tive evidence of the intent to abandon; such person shall be deemed and called an aban- 
 doned person ; or 
 
 2. Who has been cruelly treated or neglected by his parent or parents; provided, that 
 in either instance, said person shall have been a ward of the juvenile court and the 
 parents deprived of his custody because of such cruel treatment or neglect for the period 
 of one year continuously immediately prior to the filing of a petition praying that he be 
 declared free from the custody and control of his parents; or 
 
 3. Whose parent or parents are habitually intemperate; provided, that said person 
 shall have been a ward of the juvenile court and the parents deprived of his custody 
 because of such intemperance for the period of one year, continuously immediately 
 prior to the filing of a petition praying tliat he be declared free from the custody and 
 control of his parents. 
 
 • 
 
 Citation to issue upon filing of petition. 
 
 § 15a. Upon the filing of a petition, as provided in section three of this act, alleging 
 that there is within the county or residing therein a person who should be declared free 
 from the custody and control of his parents, as defined in this act, and praying that the 
 superior court deal with said person as provided in this act, a citation shall issue, 
 requiring the person or persons having the custody or control of said person or the 
 person or persons with whom said person may be, to appear with said person at a time 
 and place stated in the citation. Service of such citation must be made at least ten days 
 before the time stated therein for such appearance. The parent or parents of said per- 
 son, if residing within the state of California, and if their place of residence be known 
 to the petitioner, or, if there be no parent so residing, or if the place of residence of such 
 parent or parents be not known to the petitioner, then some relative of said person, if 
 any there be residing within the state, and if his residence and relationship to said 
 p?rson be known to the petitioner, shall be notified of the proceedings by service of 
 
 I
 
 1ST3 JUVENILE CO L'RT. Act 2341, §§ 15b-15C 
 
 citation requiring him or them to appear at the time and place stated in such citation. 
 Service of such citations must be made at least ten days before the time stated therein 
 for such appearance. 
 
 When parents reside outside of state. 
 
 § 15b. If the parent or parents of said person reside outside of the state of Cali- 
 fornia, or if their places of residence be not known to the petitioner, the petitioner or 
 his agent, or attorney, shall make and file an affidavit wherein there shall be stated the 
 names of the parent or parents who reside outside of the state and their places of resi- 
 dence, if known to the petitioner, and the names of the parent or parents residing in or 
 out of the state whose places of residence are unknown to the petitioner and thereupon 
 the judge of the juvenile court shall make an order directing a citation requiring him 
 or them to appear at the time and place stated in such citation, to be served upon the 
 parent or parents residing out of the state whose places of residence are known to the 
 petitioner and upon the parent or parents residing in or out of the state whose places of 
 residence are unknown to the petitioner by publication in some newspaper of general 
 circulation printed and published in the county in which the court sits, and if there be 
 no such paper in such county, then in some adjoining county to be designated by the 
 judge of the juvenile court, which publication shall be once a week for four suecessiv** 
 weeks. 
 
 Citation mailed. 
 
 5 15e. Within ten days after the making of said order a copy of the citation, prop- 
 erly addressed and with the postage thereon fully prepaid, shall be mailed to the parent 
 or parents who reside outside of the state at their places of residence, if known to the 
 petitioner. 
 
 Service of citation. 
 
 $ 15d. When publication is ordered, personal service of a copy of the citation out of 
 the state shall be equivalent to publication and deposit in the post office. In either case, 
 the service of the citation shall be complete upon the completion of the publication and 
 the time stated for the appearance of the parent or parents in a citation so served shall 
 be not less than thirty days after the completion of such service. 
 
 Failure to appear, contempt. 
 
 § 15e. In any case the judge of the juvenile court may appoint some suitable party 
 to act in behalf of said person and may order such further notice of the proceedings to 
 be given as he may deem proper. If any party, cited as herein provided, shall fail with- 
 out reasonable cause to appear and abide by the order of the court, or to bring said 
 person if so required in the citation, such failure shall constitute a contempt of said 
 court. In case such citation can not be served, or the party served fails without reason- 
 able cause to obey the same, a warrant of arrest shall issue on the order of the court, 
 either against the parent or the custodian of said person or with whom the said person 
 may be, or against the said person himself, or any or all said persons; or if there be no 
 party to be served with citation as above provided, a warrant of arrest may be issued 
 immediately against the said person. 
 
 Hearing of case. 
 
 $ 15f. On the return of the citation or other process, or as soon thereafter as may 
 be, the court shall proceed to hear and disjDose of the case, after full and careful con- 
 sideration of all the evidence presented and with due regard to the legitimate rights 
 and claims of the parent or parents of said person, and with due regard to any and all 
 ties of blood or affection, but with the dominant purpose of serving the best interests 
 of said person.
 
 Act 2341, eS 15B-I7 GENERAL LAWS. 1374 
 
 Order depriving parent of control 
 
 $ 15g. Whenever the procedure laid down in section three and sections fifteen a, 
 fifteen b, fifteen c, fifteen d, fifteen e, or fifteen f has been followed, the juvenile court 
 shall be empowered to make a final written order signed by the judge presiding in said 
 court, judicially depriving the parents of the custody and control of a person who should 
 be declared free from the custody and control of his parents; provided, that nothing 
 in this section shall be construed to impair the right of the court to make orders or com- 
 mitments under any other section of this act. Any final order made and entered by the 
 court under the provisions of this section, shall be conclusive and binding upon the 
 person declared free from the custody and control of his parents, upon such parents, 
 and upon all other persons who have been served with citation by publication or other- 
 wise as herein provided. After making such final order, the court shall have no power 
 to set aside, change or modify the same; provided, that nothing in this section shall be 
 construed to impair the right of appeal. 
 
 Superior court known as "juvenile court." 
 
 § IG. The superior court in every county and city and county in this state shall 
 exercise the jurisdiction conferred by this act, and while sitting in the exercise of its 
 said jurisdiction shall be known and refeiTed to as the "juvenile court." In counties 
 or cities and counties having more than one judge of the superior court, the judges of 
 such court shall annually, in the month of January, designate one or more of their 
 number, whose duty it shall be to hear all cases coming under this act; provided, that 
 nothing in this section contained shall be construed in conflict with article VI, sec- 
 tion VI of the constitution of the state of California. The orders and findings, if any, 
 of the superior court in all cases coming under the provisions of this act, shall be 
 entered in a suitable book or books or other form of written record, to be kept for that 
 purpose, and known as the "juvenile court record," and the court, when acting under 
 this act, shall be called the "juvenile court." All eases coming under the provisions 
 of this act shall be heard at a special or separate session of the court, and no other 
 matter shall be heard at such session, nor shall there be permitted to be present at such 
 session, except as a witness in said matter, any person on trial or awaiting trial, or 
 under accusation of crime, who does not come under the provisions of this act. 
 
 Private hearing. 
 
 $ 16a. Any person alleged or adjudged to come within any of subdivisions 1 to 13 
 inclusive of section 1 of this act shall be entitled to have any proceeding concerning 
 such person, heard privately, and upon the request of said person, or either of his par- 
 ents, or guardian, such hearing shall be had privately in the manner provided by law 
 for private hearings at preliminary examinations. 
 
 Probation committee. 
 
 $ 17. The judge of the superior court in and for each county, or city and county, of 
 the state, and in counties where there is more than one judge of said court, the judge of 
 the superior court in said county who has been designated the judge of the juvenile 
 court shall, by order entered in the minutes of the court, appoint seven citizens of good 
 moral character, to be known as the "probation committee," and shall fill all vacancies 
 occurring in such committee. The clerk of said court shall immediately notify each 
 person appointed on said committee, and thereupon said person shall appear before the 
 judge of the said court and qualify by taking an oath, which shall be entered in said 
 juvenile court record, to perform faithfully the duties of a member of such probation 
 committee.
 
 1375 JUVENILE COURT. Act 2341. §§ 17a, 17b 
 
 Term of office. Vacancy. Removal. Meetings. 
 
 $ 17a. The members of such probation committee shall hold office for four years, and 
 until their successors are appointed and qualify ; provided, that of those first appointed, 
 one shall hold office for one year, two for two years, two for three years, and two for 
 four years, the terms for which the respective members shall hold office to be deter- 
 mined by lot as soon after their appointment as may be. When any vacancy occurs in 
 any probation committee by expiration of the term of office of any member thereof, his 
 successor shall be appointed to hold office for the term of four years ; when any vacancy 
 occurs for any other reason the appointee shall hold office for the unexpired term of his 
 predecessor. Any member of the probation committee may be removed for cause at any 
 time by an affirmative vote of four members of said committee at a meeting called for 
 the special purpose of considering the question of said removal and the subsequent 
 written approval of the judge of the juvenile court filed with the clerk of the juvenile 
 court, said written approval to be filed within thirty days after the written report of 
 said committee has been received by said judge. Written notice as to said special meet- 
 ing shall be served on each of the members of said committee at least ten days prior to 
 the day set therefor and shall specify the purpose thereof. 
 
 Examination of societies. Annual report. Supervision of wards. 
 
 § 17b. The juvenile court, or the judge thereof, may at any time and upon request 
 of the county board of supervisors shall require said probation committee or the proba- 
 tion officer to examine into the qualifications and management of any society, associa- 
 tion or corporation, other than a state institution, receiving, or applying for, any ward 
 of the juvenile court and to report thereon to the court ; provided, that nothing in this 
 section shall be construed as giving any probation officer or probation committee any 
 power to enter any institution without the consent of such institution but in the event 
 that such consent is refused, commitments thereto shall not be made. It shall be the 
 duty of each probation committee to prepare each year one or more reports in writing 
 on the qualifications and management of all societies, associations, corporations and 
 institutions, except state institutions, applying for or receiving any ward of the juvenile 
 court from the com-ts of their respective counties, and in such report said committee 
 may make such suggestions or comments as to them may seem fit; such report shall be 
 filed for the information of said court with the clerk of the juvenile court appointing 
 such committee. The probation committee shall also make to the court an annual report 
 to be filed as a public document prior to the first day of December, copies of which shall 
 be filed with the county board of supervisors and the state board of charities and cor- 
 rections. It shall be the duty of the probation committee to exercise a friendly super- 
 vision and visitation over the wards of the juvenile court when so directed by the court, 
 to furnish the court in formation and assistance whenever required upon the request 
 of the court and from timato time, to advise and recommend to the court any change or 
 modification of the order made in the case of a ward of the juvenile court as may be 
 for the best interests of such person. Upon request of the judge any member of the 
 probation committee shall investigate the case of an alleged ward of the juvenile court 
 coming under the provisions of this act, and render a report thereon to the judge. 
 
 Control of detention home. 
 
 The probation committee shall also have the control and management of the internal 
 affairs of any detention home or branch detention home heretofore or hereafter estab- 
 lished by the county board of supervisors; and it shall be the duty of said board of 
 supervisors to provide for the pajnnent of such employees as may be needed in the 
 efficient management of such detention home or branch detention home or homes.
 
 Act 2341, §8 17e, 18 GE3NERAL LAWS. 137« 
 
 Compensation. 
 
 4 17c. Members of the probation committee shall serve without compensation, but 
 shall be allowed their reasonable traveling expenses as approved by the judge of the 
 juvenile court; and the same shall be a charge upon the county in which the court 
 appointing them has jurisdiction, and said expenses shall be paid out of the county 
 treasury upon a written order of the judge of the juvenile court of said county direct- 
 ing the county auditor to draw his warrant upon the county treasurer for the specified 
 amount of such expenses. All orders by the juvenile court judge upon the county treas- 
 ury shall be filed in duplicate with the county board of supervisors. 
 
 Probation offices created. Term of office. Salaries. Removal. Bond. 
 
 ^ 18. The offices of probation officer and assistant probation officer and deputy pro- 
 bation officer are hereby created. The probation officers and assistant probation officers 
 to serve hereunder in any county shall be nominated by the probation committee in 
 manner as the judge of the juvenile court in the respective counties shall direct, and the 
 appointment of such probation officers and assistant probation officers shall then be 
 made by the judge thereof. The term of office of the probation officers and assistant 
 probation officers shall be two years from the date of their said appointments. All pro- 
 bation officers and assistant probation officers receiving a salary of seventy-five dollars 
 or more per month shall devote their entire time and attention to the duties of their 
 offices, and no such probation officer or assistant probation officer, while holding such 
 office and receiving salary therefor, shall be a candidate for or seek the nomination for 
 any other public office or employment, and no person shall be appointed to and receive 
 the salary attached to such office of either probation officer or assistant probation offi- 
 cer who is a sheriff or constable or is related to the judge of the juvenile court or to a 
 member of the probation committee of such county, by consanguinity or affinity within 
 the third degree computed according to the rules of law. Such probation officers and 
 assistant probation officers may at any time be removed by the judge of the juvenile 
 court for good cause shown; provided, that the judge of the juvenile court may at any 
 time in his discretion remove any such probation officer or assistant probation officer 
 with the written approval of a majority of the probation committee. Every probation 
 officer and every assistant probation officer receiving an official salary shall, at the time 
 that he files his oath of office, file with the county clerk of the county his official bond 
 approved by the judge of the juvenile court. The judge of the juvenile court shall have 
 authority by an order entered in the minutes of said court to determine and fix the 
 amount of bonds of the probation officer of the county and of his assistants. If said 
 bonds, or any of them, are furnished by any surety company licensed to transact busi- 
 ness in the state of California, the premium thereon shall be paid out of the county 
 treasury. 
 
 Officer in each county; deputies. 
 
 There shall be appointed, as herein provided, a probation officer in every county, and 
 he may appoint as many deputies as he may desire; provided, however, that such depu- 
 ties shall not have authority to act until their appointment shall have been approved by 
 a majority vote of the members of the probation committee, and by the judge of the 
 juvenile court. The term of office of such deputies shall expire with the term of the 
 probation officer making such appointment, but the probation officer with the written 
 approval of the majority of the members of the probation committee and of the judge 
 of the juvenile court, may, at any time in his discretion revoke and terminate such 
 appointment. Such deputies, except as hereinafter provided, shall serve without com- 
 pensation; provided, however, that in counties having charters providing a method of 
 appointment and tenure of office for probation officers and members of the probation 
 committee, such charter provision shall control as to such matters, and boards of super- 
 
 ,1
 
 1377 JUVENILE COURT. Act 2341, §§ 19-lOc 
 
 visors, if thereto authorized thereby may increase or decrease the niimber of assistants 
 and deputies and the salary of the probation officer and such assistants, deputies and 
 clerks. 
 
 Referees in counties of first class. 
 
 § 19. In counties of the first class the judge of the juvenile court, may appoint 
 referees in juvenile court matters. Said referees shall have the usual power of referees 
 in chancery eases in all such cases submitted to them by the court; shall hear the testi- 
 mony of witnesses and certify to the judge of the juvenile court their findings upon the 
 case submitted to them, together with their recommendation as to the judgment or order 
 to be made in the case in question. 
 
 The court, after notice of the presentation of such findings and recommendation, to 
 the parents of such person, may make the order recommended by the referee, or any 
 other order in the judgment of the court required by the findings of the referee, or may 
 hear additional testimony, or may set aside said findings and hear the case anew. 
 
 Female referees. 
 
 In appointing a referee for the trial of females, a female referee shall be appointed 
 where possible. Such referee shall serve without compensation save that in counties of 
 the first class having charters, the boards of supervisors shall fix the compensation for 
 at least two such referees. Where a ease has been submitted to a referee, as herein 
 provided, without any previous order for temporary custody having been made, the 
 referee shall from time to time, recommend to the court such order or orders for tem- 
 porary' custody as may seem necessary. Thereupon such order shall be made unless the 
 court shall determine otherwise. 
 
 Officers in counties of first class. 
 
 $ 19a. In counties of the first class there shall be one probation officer and twenty-nine 
 assistant probation officers, and clerks. The salaries of said officers shall be as follows : 
 Probation officer, two hundred dollars per month ; two assistant probation officers, each 
 one hundred and fifty dollars per month ; nineteen assistant probation officers, each one 
 hundred dollars per month; one assistant probation officer to act as probation officer's 
 bookkeeper, one hundred dollars per month; one assistant probation officer to act as 
 probation officer 's clerk eighty-five dollars per month ; three assistant probation officers 
 to act as stenographers to the probation officers in clerical work, each seventy-five dol- 
 lars per month; one assistant probation officer to act as stenographer, sixty-five dollars 
 per month; one assistant probation officer to act as telephone exchange operator, fifty 
 dollars per month; one assistant probation officer who shall be a physician at one hun- 
 dred and twenty-five dollars per month. 
 
 Probation officers in cities and counties of second class. 
 
 $ 19b. In counties or cities and counties of the second class there shall be one proba- 
 tion officer and nine assistant probation officers. The salaries of said officers shall be 
 as follows : Probation officer, two hundred fifty dollars per month ; one assistant proba- 
 tion officer, two hundred dollars per month, and eight assistant probation officers, one 
 hundred forty dollars per month each. [Amendment of May 27, 1919. In effect 
 July 27, 1919. Stats. 1919, p. 1299.] 
 
 Probation officers in counties of third class. 
 
 § 19c. In counties of the third class there shall be one probation officer and ten 
 assistant probation officers. The salaries of said officers shall be as follows : Probation 
 officer, two hundred twenty-five dollars a month ; one assistant at a salary of one hundred 
 seventy -five dollars a month; one assistant at a salary of one hundred sixty dollars a 
 month; one assistant at a salary of one hundred fifty dollars a month; one assistant 
 
 Gen. Laws— 87
 
 Ael 2341, eS 19d-19« GENERAL LAWS. 1378 
 
 at a salary of one hundred thirty-five dollars a month; three assistants at a salary of 
 one hundred dollars a month each: two assistants at a salary of eighty-five dollars a 
 month each; one assistant at a salary of seventy-five dollars a month; provided, how- 
 ever, that in the event an adult probation department is created in counties of the third 
 class from and after the creation of such department and the appointment of an adult 
 probation officer or any deputy or assistant or like officer who shall relieve the proba- 
 tion officer of the adult probation work, the offices of assistant probation officer at a 
 salary of one hundred seventy-five dollars a month and of assistant probation officer at 
 a salary of one hundred sixty dollars a month shall cease and determine and be abol- 
 ishpd in counties of this class. [Amendment of May 28, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 1002.] 
 
 Fourth class. 
 
 $ lOd. In counties of the fourth class there shall be one probation officer, one assist- 
 ant probation officer, and one deputy probation officer who shall act as probation offi- 
 cer 's clerk. The salaries of said officers shall be as follows : Probation officer, one hun- 
 dred and fifty dollars per month; assistant probation officer, one hundred dollars per 
 month; and one deputy probation officer to act as probation officer's clerk, seventy-five 
 dollars per month. 
 
 Sixteenth, etc., classes. 
 
 § 19e. In each of the counties of the sixteenth, twenty-second and twenty-third 
 classes there shall be one probation officer, whose salary shall be one hundred fifty 
 dollars per month. In counties of the fifth class there shall be one probation officer at 
 one hundred seventy-five dollars per month, one assistant probation officer, whose sal- 
 ary shall be one hundred fifty dollars per month; one assistant probation officer at a 
 salary of one hundred dollars per month, and one assistant probation officer, who shall 
 be a competent stenographer, at a salary of eighty-five dollars per month. In counties 
 of the twenty-third class there shall be one assistant probation officer, whose salary' 
 shall be fifty dollars per month. In counties of the twenty-second class the probation 
 officer shall perform in addition to his duties as probation officer, the duties of the 
 attendance officer for the schools of the county, and investigator for the board of super- 
 visors on applications for county and state aid, without any additional compensation 
 except his necessary expenses and such mileage as the board of supervisors shall fix 
 and allow in the performance of his duties. [Amendment of May 28, 1917. In effect 
 July 27, 1917. Stats. 1917, p. 1023.] 
 
 Sixth class. 
 
 ^ 19f. In counties of the sixth class there shall be one probation officer and three 
 assistant probation officers. The salaries of such officers shall be as follows: Probation 
 officer, one hundred and seventy-five dollars per month; one assistant probation officer, 
 one hundred and fifty dollars per month; one assistant probation officer, one hundred 
 dollars per month; and one assistant probation officer to act as probation officer's clerk, 
 one hundred dollars per month. 
 
 Seventh class. 
 
 ^ 19g. In counties of the seventh class there shall be one probation ofBcer and three 
 assistant probation officers. The salaries of said officers shall be as follows: Probation 
 officer, one hundred and seventy-five dollars per month ; one assistant probation officer, 
 one hundred and fifty dollars per month; one assistant probation officer, one hundred 
 and twenty-five dollars per month; and one assistant probation officer, one hundred 
 dollars per month. 

 
 1379 Jl'VENILE COIRT. Act 2341, §§ 19L-10 11 
 
 Eighth class. 
 
 $ 19h. In counties of the eighth class there shall be one probation officer and one 
 assistant probation officer. The salaries of said officers shall be as follows : Probation 
 officer, one hundred dollars per month; assistant probation officer, seventy -five dollars 
 per month. 
 
 Ninth, etc., classes. 
 
 ^ 19i. In each of the counties of the ninth, twelfth, thirteenth, fifteenth, seventeenth, 
 eighteenth, nineteenth, twenty-sixth, twenty-seventh, thirty-third and thirty-sixth class, 
 there shall be one probation officer whose salary shall be one hundred dollars per 
 month. In counties of the ninth class there shall be two assistant probation officers, 
 whose salaries shall be as follows: One assistant probation officer, whose salary shall 
 be seventy-five dollars per month and one assistant probation officer whose salary shall 
 be fifty dollars per month. In counties of the twelfth class, there shall be one assistant 
 probation officer whose salary shall be seventy-five dollars per month. In counties of 
 the thirteenth class there shall be one assistant probation officer whose salary- shall be 
 twenty-five dollars per month. In counties of the eighteenth class there shall be four 
 assistant probation officers whose salaries shall be twenty-five dollars per month each. 
 In counties of the twenty-third class there shall be one assistant probation officer whose 
 salary shall be fifty dollars per month. In counties of the twenty-sixth class there shall 
 be one assistant probation officer, whose salary shall be sixty dollars per month; pro- 
 vided, that in counties of the twelfth class the probation officer shall, as a part of his 
 duties, and without any additional compensation, except his necessary expenses, do all 
 necessary work that the board of supervisors of said county may designate or require, 
 in looking after the indigent and i^oor of said county. [Amendment of May 28, 1917. 
 In efl:ect July 27, 1917. Stats. 1917, p. 1023.] 
 
 Tenth class. 
 
 § Iflj. In counties of the tenth class there shall be one probation officer whose salary 
 ^hall be one hundred and sixty-six dollars per month, and one assistant probation officer 
 sv^hose salary shall be seventy-five dollars per mouth. 
 
 Eleventh, etc., classes. 
 
 § 19k. In each of the counties of the eleventh, fourteenth and thirtieth class there 
 shall be one probation officer whose salary shall be one hundred twenty-five dollars per 
 month; provided, that in the counties of the eleventh class there shall be an assistant 
 probation officer, whose salary shall be seventy-five dollars per month; and provided, 
 that in counties of the fourteenth class there shall be an assistant probation officer, 
 whose salary shall be fifty dollars per month ; and provided, further, that in counties of 
 the thirteenth class the probation officer shall, as a part of his duties, and without any 
 additional compensation, except his necessary expenses, do all necessary work that the 
 board of supervisors of said county may designate or require, in looking after the indi- 
 gent and poor of said county. [Amendment of May 28, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 1024.] 
 
 Thirty-second class. 
 
 § 19 1. In each of the counties of the thirty-second class there shall be one probation 
 officer, whose salary shall be seventy-five dollars per month, [Amendment of May 28, 
 1917. In effect July 27, 1917. Stats. ] 917, p. 1024.] 
 
 Twentieth class. 
 
 § 19 11. In each of the counties of the twentieth class there shall be one probation 
 officer, whose salary shall be one hundred dollars per month. [New section added 
 May 28, 1917. In effect July 27, 1917. Stats. 1917, p. 1024.]
 
 Act 2311. 88 19ni-10tT 
 
 GBNIiSRAli LAWS. 
 
 13SC 
 
 Thirty-ninth, etc., classes. 
 
 $ lOra. In each of the counties of the thirty-ninth, fortieth and forty-second classes, 
 there shall be one probation officer wliose salary shall be fifty dollars per month. 
 [Amoudment of May 28, 1917. In effect July 27, ioH. Stats. 1917, p. 1024.] 
 
 Twenty-first class. 
 
 $ lOmm. In each of the counties of the twenty-first class there shall be one probation 
 officer, whose salary shall be sixty-five dollars per month. [New section added May 28, 
 1917. In effect July 27, 1917. Stats. 1917, p. 1024.] 
 
 ^ 19n. In each of the counties of the twenty-fourth, twenty-eighth, twenty-ninth, 
 thirty-seventh, forty-first, forty-third, forty-fifth, forty-sixth, forty-seventh, forty- 
 ninth, fifty-first, fifty-second, fifty-third, fifty-fourth, and fifty-sixth class, there shall 
 be one probation officer whose salary shall be thirty-five dollars per month. 
 
 Forty-third class. 
 
 $ 19nn. In each of the counties of the forty-third class there shall be one probation 
 officer, whose salary shall be fifty dollars per month. [New section added May 28, 1917. 
 In effect July 27, 1917. Stats. 1917, p. 1024.] 
 
 Twenty-fifth class. 
 
 $ 19o. In counties of the twenty-fifth class there shall be one probation officer whose 
 salary- shall be one hundred fifty dollars per month, and one assistant probation officer 
 whose salary shall be seventy-five dollars per month. [Amendment of May 28, 1917. 
 In effect July 27, 1917. Stats. 1917, p. 1025.] 
 
 ^ 19p. In each of the counties of the thirty-first class, there shall be one probation 
 officer whose salaiy shall be sixty dollars per month. 
 
 ^ 19q. In counties of the thirty-fourth class, there shall be one probation officer 
 whose salary shall be ninety dollars per month. 
 
 V 19r. In counties of the thirty-fifth class, there shall be one probation officer who 
 shall maintain an office in the court house at the county seat. The salary of said pro- 
 bation officer shall be one hundred dollars per month. 
 
 $ 19s. In each of the counties of the forty-fourth and fifty-fifth class, there shall 
 be one probation officer whose salary shall be ten dollars per month. 
 
 $ 19t. In each of the counties of the forty-eighth and fiftieth classes, there shall 
 be one probation officer whose salary shall be twenty-five dollars per month. 
 
 § 19u. In each of the counties of the fifty-seventh and fifty-eighth class, there shall 
 be one probation officer whose salary shall be five dollars per month. 
 
 ^ 19v. In counties of the thirty-eighth class there shall be one probation officer 
 whose salary shall be seventy dollars per month and one assistant probation officer 
 whoso salai-y shall be fifty dollars per month. 
 
 Payment of salaries. 
 
 J 19w. The salaries of all probation officers and assistant probation officers shall 
 be paid out of the county treasury of the county for which they are appointed, respec- 
 tively, in the same manner as the salaries of the other county officers. The probation 
 officers and assistant probation officers and deputy probation officers in all counties of 
 the state shall be allowed such necessary incidental expenses incurred in the perform- 
 ance of their duties as required by any laws of the state of California as may be author- 
 ized bv the judge of the juvenile court; and the same shall be a charge upon the 
 county in which the court appointing them has jurisdiction, and said expenses shall be 
 
 i
 
 I 
 
 l.iSl JITA^ENILE COURT. Act 2341, § 20 
 
 paid out of the county treasury upon a written order of the judge of the juvenile court 
 of said county directing the county auditor to draw his warrant upon the county treas- 
 urer for the specific amount of such expenses. The probation officer shall keep a list of 
 expenses and file a copy monthly with the county board of supervisors. 
 
 Duty of probation ofElcers. 
 
 ^ 20. The probation officer shall inquire into the antecedents, character, family 
 history, and environment of every person brought before the court, and of every person 
 alleged to be a person who should be declared free from the custody and control of his 
 parents, and into the cause of such person being brought before the juvenile court, and 
 shall make his report in writing to the judge thereof. 
 
 To make investigations. 
 
 Whenever application is made to the district attorney of the county for the drawing 
 of a petition hereunder, it shall be the duty of the said probation officer to make such 
 investigation as may be required by the said district attorney, or if the application has 
 been made to the probation officer, said probation officer shall make such investigation 
 as to him maj' seem necessary for the purpose of determining the necessity for the filing 
 of a petition. If, after such investigation it appears to said district attorney or to said 
 probation officer to whom said application has been made that proceedings should not 
 be brought hereunder, said district attorney or said probation officer to whom said 
 application has been made may refuse to draw said petition. 
 
 To be in court. 
 
 It shall also be the duty of the probation officer to be present in court to represent 
 the interests of said person when the case is heard, and to furnish to the court such 
 information and assistance as the court may require and to make such report at such 
 time; and to take charge of said person before and after the hearing as may be ordered. 
 Everj' probation officer, assistant probation officer and deputy probation officer shall 
 have the power of a peace officer. At any time the probation officer may bring any 
 such ward committed to his care before the court with written report and recommenda- 
 tion for such further order or other action as the court may deem proper. Before any 
 such ward is recommitted, the probation officer shall inquire into the reasons assigned 
 for such action and shall be present in court to represent the interests of such ward. 
 
 Power of attendance officer. 
 
 Every probation officer shall have the powers of a school attendance officer, in such 
 portions of the county, in which such probation officer has been appointed, as are not 
 otherwise provided with a school attendance officer, and shall exercise such powers when 
 not inconsistent with his other duties. 
 
 Probation ofiicers' reports. 
 
 Every probation officer, within fifteen days after the thirty-first day of December, of 
 each year, shall make in writing and file as a public document a report to the judge of 
 the juvenile court of the county in which sxieh probation officer is appointed, and shall 
 furnish to the county board of supervisors and to the secretary of the state board of 
 charities and corrections of this state a copy thereof. Such report, without giving 
 names, shall state separately the exact number of neglected, dependent, and delinquent 
 persons and wards of the juvenile court that remain under commitment to the care and 
 custody of the probation officer, and the exact number of such persons of whose cases 
 other disposition has been made, as such number exists, deducting all cases dismissed or 
 discharged as reformed, or where such person has passed the age of twenty-one years 
 upon such thirty-first day of December, segregating such persons as having been 
 adjudged by such juvenile court to be neglected, dependent, delinquent, or wards of
 
 Actuau. ea::i-23 general laws. 1382 
 
 the juvenile court, as the case may be, in nineteen hundred and three, nineteen hundred 
 and four, nineteen hundred and five, and so on, up to and including the calendar year 
 for which such report is made and filed. Any of the duties of a probation officer may 
 be performed by an assistant or deputy probation officer, and shall be so performed 
 whenever directed by the probation officer; and it shall be the duty of the probation 
 officer to see that his assistant and deputy probation officers perform their duties. 
 
 Penalties. 
 
 ^ 21. Any person who shall commit any act or omit the performance of any duty, 
 which act or omission causes or tends to cause or encourage any person under the age of 
 twenty-one years to come within the provisions of any of subdivisions 1 to 13 inclusive 
 of section one of this act, or which act or omission contributes thereto, or any person 
 who shall, by any act or omission, or by threats, or commands, or persuasion, induce or 
 endeavor to induce any such person, under the age of twenty-one years, to do or to 
 perform any act or to follow any course of conduct, or to so live as would cause or 
 manifestly tend to cause any such person to become or to remain a person coming 
 within the provisions of any of subdivisions 1 to 13 inclusive of section one of this act, 
 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a 
 fine not exceeding one thousand dollars, or by imprisonment in the county jail for not 
 more than two years, or by both such fine and imprisonment, or may be released on 
 probation for a period not exceeding five years; and the superior court, sitting as a 
 juvenile court, shall have original jurisdiction over all such misdemeanors. The court 
 may also, as a condition of such probation, require a bond in such sum as the court may 
 designate, to be approved by the judge requiring the same, to secure the performance 
 by such person of the conditions imposed by the court on such probation. Such bond 
 shall by its terms be made payable to the state of California and any moneys received 
 for the breach thereof shall be paid into the county treasury. 
 
 Detention home. Superintendent and matron. 
 
 § 22. It shall be the dut}' of the legislative body of every county, or city and county, 
 immediately' upon this act becoming effective, to provide and thereafter maintain, at the 
 expense of such county, or city and count}', in a location approved by the judge of the 
 juvenile court, a suitable house or place to be known as the "detention home" of said 
 county, or city and county, for the detention of wards of the juvenile court and of per- 
 sons alleged to come under the provisions of subdivisions 1 to 13 inclusive of section 
 one of this act. Such detention home must not be in, or connected with any jail or 
 prison, and shall be conducted in all respects as nearly like a home as possible and shall 
 not be deemed to be nor be treated as a penal institution. Such legislative body must 
 also provide a suitable superintendent and matron to have charge of such detention 
 home, and for such other employees as may be needed in the efficient management of 
 such detention home, and provide for the payment, out of the general fund of the 
 county, or city and county, of suitable salaries for such superintendent and matron, and 
 such other employees, such superintendent, matron and other employees to be appointed 
 by said legislative body upon the nomination of the probation committee and the 
 approval of the judge of the juvenile court. The superintendent of the detention home 
 shall keep a classified list of expenses, and shall file a duplicate copy with the county 
 board of supervisors. The superintendent, matron, or other employee of such detention 
 home, may, at any time be removed by the probation committee in its discretion. 
 
 Appeal from judgment. 
 
 ^. 23. Every judgment or decree of a juvenile court assuming jurisdiction and declar- 
 ing any person to be a ward of the juvenile court or a person free from the custody and 
 control of his parents may be appealed from in the same manner as any final judgment,
 
 1383 JUVGNILB COURT. Act 2341, §§ 24-26 
 
 and any subsequent order may be appealed from as from an order after judgment; but 
 no such order or judgment shall be stayed by such appeal, unless suitable provision is 
 made for the maintenance, care and custody of such person pending the appeal, to be 
 approved by an order of the said juvenile court. Such appeal shall have precedence in 
 the court to which the appeal is taken over all other cases. 
 
 Construction of act. 
 
 $ 24. This act shall be liberally construed, to the end that its purpose may be car- 
 ried out, to wit, that the care, custody and discipline of a ward of the juvenile court, as 
 defined in this act, shall approximate as nearly as may be that which should be given by 
 his parents, and in all cases where it can be properly done, the ward of the juvenile 
 court, as defined in this act, shall be placed in an approved family, with people of the 
 same religious belief, and become a member of the family, by legal adoption or other- 
 wise. All commitments to institutions or for placement in family homes under this act 
 shall be, so far as practicable, either to institutions or for placement in family homes 
 of the same religious beliefs as that of the person so committed or of his parents or to 
 institutions affording opportunity for instruction in such religious belief. In any 
 detention or commitment under this act, no merely unfortunate person shall be brought 
 into direct contact or personal association with any wayward person of evil influence. 
 In all cases of female persons over the age of five years coming under the provisions of 
 this act, such persons shall be dealt with, so far as possible, by or in the presence of a 
 woman probation officer, assistant probation officer, deputy probation officer, a woman 
 member of the probation committee, or other woman; and in transporting female 
 persons coming under any of the provisions of this act, such persons shall be trans- 
 ported in the care and custody of a woman. In this act the word "county" shall 
 include "city and county,'' the plural shall include the singular, and the singular shall 
 include the plural, and the word "ward" shall mean "a ward of the juvenile court," 
 as defined in this act. 
 
 Acts superseded. 
 
 $ 25. This act shall supersede all provisions of the act entitled "An act to establish 
 a state school for juvenile offenders, and to make an appropriation therefor," approved 
 March 11, 1889, and all amendments thereto, and all provisions of the act entitled "An 
 act to establish a school of industry, to provide for the maintenance and management of 
 the same, and to make an appropriation therefor," approved March 11, 1889, and all 
 amendments thereto, relating to the mode of commitments to the institutions therein 
 named ; but said acts shall control as to all matters concerning the management of said 
 institutions, respectively. 
 
 Acts repealed. 
 
 ^ 26. The juvenile court law approved March 8, 1909, as amended by an act approved 
 April 5, 1911, and as amended by an act approved June 16, 1913, and all amendments 
 thereof, and all acts or parts of acts inconsistent herewith are hereby repealed; pro- 
 vided, however, that nothing herein contained shall be deemed to interfere with the 
 management of any state school except as herein expressly provided; provided, further, 
 that all orders and judgments heretofore made under the acts hereby repealed shall 
 continue in full force and effect and the court shall retain jurisdiction of all persons 
 now subject to the jurisdiction thereof, and such persons shall be herein dealt with in 
 the same manner as if all previous orders had been made under the provisions of this 
 act, and all proceedings now pending under said act shall be continued under the pro- 
 visions of this act. 
 
 Persons charged with crime under the provisions of section twenty-six of said law of 
 nineteen hundred eleven, or section twenty-eight of said law of nineteen hundred thir-
 
 A«f 2341, § 27 
 
 GENERAL LAWS. 
 
 1384 
 
 teen shall be tried and punished under the law as it existed at the time of said alleged 
 ojffense. 
 
 All officers holding office under the provisions of said acts shall be continued therein, 
 subject hereto and nothing herein contained shall be deemed to interfere with their 
 term or tenure of office. 
 
 Constitutionality. 
 
 $ 27. If any one section or sections, or portion or portions of a section, or any para- 
 graph or paragraphs, or sentence or sentences of this act are declared invalid such 
 declaration shall not affect the rest of the law. 
 
 I. CONSTITUTIONALITY. 
 
 1. Not a special statute. — The "juvenile 
 court law" is not a special act and is con- 
 stitutional. — In re Sing, 13 Cal. App. 736, 
 110 Pac. 693. 
 
 2. Legi.slatlve power to regulate minor- 
 ity without regard to sex. — Tlie legislature 
 is empowered to regulate minority and to 
 treat males and females of the same age 
 alike, as was done in the act of 1911. — 
 Moore v. Williams, 19 Cal. App. 600, 127 
 Pac. 509. 
 
 3. Same. — The legislature had power to 
 confer upon the juvenile court jurisdiction 
 of all persons under twenty-one years of 
 age, whether male or female, and without 
 regard to their minority. — In re Willis, 30 
 Cal. App. 188, 157 Pac. 819. 
 
 4. Title. — The "juvenile court law" is not 
 unconstitutional because ot defect in title 
 within section 24, article IV, of the con- 
 stitution. — In re Maginnis, 162 Cal. 200, 
 202, 121 Pac. 723. 
 
 5. Same — Repeal of prior acts. — The re- 
 peal of other statutes dealing witli the 
 same subject is germane to the subject and 
 purpose of the act. — In re Maginnis, 162 
 Cal. 200, 121 Pac. 723. 
 
 6. Same — Failure to refer to age, though 
 referred to in body of act. — The provision 
 of section 1 of the "juvenile court law" 
 of 1911, that the act applies only to "per- 
 sons under tlie age of twenty-one years," 
 does not render the act unconstitutional 
 because tlie title refers to "dependent and 
 delinquent minor children." — Moore v. Wil- 
 liams, 19 Cal. App. 600, 127 Pac. 509. 
 
 7. Same — Suhject sufficiently expressed. 
 — The subject of the act of 1911 is suf- 
 ficiently expressed in the title to meet the 
 requirements of the constitution. — Moore v. 
 Williams, 19 Cal. App. 600, 127 Pac. 509. 
 
 8. Same — Subjects not embraced in — Va- 
 lidity of act not affected. — If there are any 
 provisions in the "juvenile court law" not 
 embraced in the general scope of the sub- 
 ject covered by its title, their invalidity 
 would not affect the validity of the act as 
 a whole. — In re Maginnis, 162 Cal. 200. 202, 
 121 Pac. 723. 
 
 9. Exercise of police poin-er — Not a "mu- 
 nicipal affair." — The "juvenile court law" is 
 an exercise of the police powers of the 
 state, and concerns the whole state as 
 much as any other extension of the judicial 
 system, and the subject is not a "municipal 
 affair" within the meaning of that term in 
 the constitution, although the functions of 
 
 the particular extension of the system may 
 be exercised exclusively within incor- 
 porated cities having a municipal charter. 
 — Nicholl V. Koster, 157 Cal. 416, 108 Pac. 
 302. 
 
 10. Trial on mere verified complaint- 
 Construction rendering act unconstitutional. 
 — To interpret the exception in subdivision 
 4 of section 682 of the Penal Code as au- 
 thorizing the trial of an offense under sec- 
 tion 26 of the act of 1911 by the superior 
 court on a mere verified complaint would 
 render it repugnant to subdivision 3 of sec- 
 tion 25, of article IV of the constitu- 
 tion. — Gardner v. Superior Court, 19 Cal. 
 App. 548, 126 Pac. 501. 
 
 II. PURPOSE. 
 
 11. Protection of all children against 
 delinqueiicy and dependency. — The legisla- 
 ture intended by the "juvenile court law" 
 to provide protection to all children who, 
 by the terms of the act, were either de- 
 pendent or delinquent, by attaching a pen- 
 alty to any act contributing to such de- 
 linquency or dependency. — In re Sing, 14 
 Cal. App. 512, 112 Pac. 582. 
 
 12. Same — Main purpose. — The main pur- 
 pose of the act is to provide for the care 
 and custody of children who have shown, 
 or who, from lack of care, are likely to 
 develop criminal tendencies, in order to 
 have them trained to good habits and cor- 
 rect principles. — Nicholl v. Koster, 157 Cal. 
 416, 108 Pac. 302. 
 
 13. Same — Same. — The "juvenile court 
 law" aims, as its principal object, at the 
 proper custody and education of children 
 who lack the care and control deemed es- 
 sential to their right development, whether 
 or not their situation be such as to be 
 likely to lead them to actual crime. — In re 
 Maginnis, 162 Cal. 200, 204, 121 Pac. 723. 
 
 14. Secondary purpose — Punishment of 
 persons respon.sible. — The secondary pur- 
 pose of the "juvenile court law" is to pro- 
 vide for the punishment of persons respon- 
 sible for, or contributing to the dependency 
 or delinquency of children. — In re Maginnis, 
 162 Cal. 200, 204, 121 Pac. 723. 
 
 15. Act of 1911 has same purpose as act 
 of 1909. — The purposes of the act of 1911 
 are substantially the same as the purposes 
 of the act of 1909. — Moore v. Williams, 19 
 Cal. App. 600, 127 Pac. 509. 
 
 III. CONSTRUCTION. 
 
 16. No nevr court set up. — The "juvenile 
 court law" does not pretend to set up a
 
 1365 
 
 JUVENILE COURT. 
 
 Act 2341 
 
 new court district from the superior court, 
 but merely to give that court jurisdiction 
 of a new class of offenses created thereby. 
 — People V. Budd, 24 Cal. App. 176, 140 Pac. 
 714. 
 
 17. Jurisdiction over offense properly 
 includes jurisdiction to punish. — The sub- 
 ject of granting to the superior court juris- 
 diction over the offense of contributing to 
 or causing delinquency or dependency, 
 properly includes jurisdiction to punish 
 the offense thus created. — In re Maginnis, 
 162 Cal. 200, 121 Pac. 723. 
 
 18. Residence — Jurisdiction not limited 
 to children technically residing in Califor- 
 nia.— The "juvenile court law" does not 
 limit the power of the court to children 
 who have a technical residence in this 
 state, and the decisions of tlie supreme 
 court, so far as they go do not hold that 
 the courts of this state are prohibited from 
 assuming guardianship of children who 
 may happen to be within its jurisdiction, 
 but whose legal residence or domicile else- 
 where; but the court does not decide the 
 question whether the juvenile court has 
 jurisdiction of a child present in the state, 
 but whose technical residence is in Mon- 
 tana. — In re Maginnis, 162 Cal. 200, 205, 
 121 Pac. 723. 
 
 19. Same — Finding: as to, not reviei^-able. 
 
 • — Where the juvenile court finds that a de- 
 linquent child was a resident of the state 
 of California, in accordance with the al- 
 legations of the petition, such finding can 
 not be reviewed on habeas corpus, how- 
 ever erroneous. — In re Maginnis, 162 Cal. 
 200, 121 Pac. 723. 
 
 20. Same — Technical residence in Cali- 
 fornia but domiciled elsewhere. — The act 
 does not limit the jurisdiction of the juve- 
 nile court over children who have a techni- 
 cal residence in the state, though actually 
 domiciled elsewhere. — In re Maginnis, 162 
 Cal. 200, 121 Pac. 723. 
 
 21. Sex and age immaterial — Act of 1911. 
 — The sex or age of a person is a negligible 
 quantity under the act of 1911, in declaring 
 what shall constitute "dependency" and 
 "delinquency," and the legislature had the 
 power to make those provisions equally 
 applicable to males and females under 
 twenty-one years of age. — Moore v. Wil- 
 liams, 19 Cal. App. 600, 127 Pac. 509. 
 
 22. Same — Act of 1009 and act of 1911 
 distinguished. — The act of 1909 is distin- 
 guished from the act of 1911, in that it 
 was limited to children "under the age of 
 eighteen years," wliile the latter act raised 
 the limit to twenty-one years, and pro- 
 vided for additional probation officers, and 
 adjusts the salaries of such officers by 
 counties. — Moore v. Williams, 19 Cal. App. 
 600, 127 Pac. 509. 
 
 23. Children of divorced persons — Juris- 
 diction of court. — The superior court sit- 
 ting as a juvenile court has the authority 
 to exercise its jurisdiction under the ju- 
 venile court act for the disposition of the 
 children of the parties to a divorce suit, 
 notwithstanding it had, in the divorce suit, 
 already awarded their custody to one of 
 
 the parties. — Dupes \. Superior Court, 176 
 Cal. 440, 442, 168 Pac. 8^8. 
 
 24. Persons >vho are guilty of contrib- 
 uting subject to punishment. — Any one 
 
 who contributes to tlie dependency of a 
 child, whatever may be his relation thereto, 
 becomes amenable to punishment under the 
 provisions of section 26 of the act.— In re 
 Sing, 14 Cal. App. 512, 112 Pac. 582. 
 
 25. Abandoned and neglected children. 
 — Section 224 of the Civil Code, defines the 
 circumstances which give the juvenile 
 court jurisdiction to take charge of the 
 case of the child, and determine whether 
 there has been an abandonment or not; 
 but it does not state all the elements or 
 abandonment. — In re Cordy, 169 Cal. 150, 
 146 Pac. 532, 534. 
 
 IV. ACTIONS AND PROSECUTIONS. 
 
 26. Minor charged -with crime — Al>sence 
 of request for determination as to age. — • 
 
 Where no request is presented to have the 
 matter submitted to the juvenile court, the 
 superior court may proceed with the trial 
 of a criminal prosecution of a minor under 
 eighteen years, although the evidence ad- 
 duced at the trial discloses the fact. — Peo- 
 ple V. Oxnam, 170 Cal. 211, 217, 149 Pac. 
 165. 
 
 27. Defective petition not bar to subse- 
 quent petition. — The filing of a petition 
 which is defective and does not give tlie 
 juvenile court jurisdiction, does not de- 
 prive the court of jurisdiction of a subse- 
 quently filed sufficient petition. — Moore v. 
 Superior Court, 22 Cal. App. 156, 134 Pac. 
 352. 
 
 28. Affidavit insufficient to confer juris- 
 diction. — An affidavit that a fifteen-year-old 
 female child is dependent in "that the said 
 child is without proper guardianship and 
 her home is an unfit place for such child," 
 is insufficient to confer jurisdiction upon 
 the superior court sitting as a juvenile 
 court to make an order committing such 
 child to special custody, and she was dis- 
 charged on habeas corpus. — In re Mundell, 
 3 Cal. App. 472, 86 Pac. 833. 
 
 29. Information shoT»'ing minority of 
 defendant — Duty of magistrate. — Where it 
 appeared at the preliminary examination 
 that the defendant accused of committing 
 lewd and lascivious acts with a child un- 
 der the age of fourteen years, was him- 
 self under eighteen, it would have been 
 the duty of the magistrate to have referred 
 tlie case to the juvenile court, but when 
 the defendant's attorney stated to the 
 magistrate that defendant was over 
 eighteen, he was not required to make such 
 reference. — In re Tom, 17 Cal. App. 678, 121 
 Pac. 294. 
 
 30. Error not to admit evidence of age 
 of defendant Avhen oflCered — Error does not 
 autliorixe release on habeas corpus. — Under 
 the act of 1915, sections 4d and 6, it was 
 error for a justice of the peace to refuse 
 to hear evidence of age of a defendant, 
 when it is suggested to him that the de- 
 fendant is under eigliteen years of age, 
 but it is not sufficient to justify a release 
 on habeas corpus, in view of section 6,
 
 Act 1*341 
 
 GENERAL LAWS. 
 
 i3se 
 
 which authorizes the juvenile court to ex- 
 amine and commit the defendant or certify 
 him baclt to the magistrate. — In re Northon, 
 35 Cal. App. 369. 169 Pac. 1051. 
 
 30a. Minor charced with crime — Deter- 
 mination an t<j age — Presumption on appeal. 
 — In the absence of a trial and determina- 
 tion as to age of a defendant in the supe- 
 rior court, or of any proceedings in that 
 court calling for such trial and determina- 
 tion, the supreme court will assume that 
 he is over eighteen years old, and what- 
 ever may have been the duty in the event 
 of a suggestion as to age and the denial of 
 a request to present the matter to the 
 juvenile court, the court will not consider 
 the matter not raised in the court below. — 
 People v. Oxnam. 170 Cal. 211, 220, 149 Pac. 
 165. 
 
 31. Prosecution by verified complaint 
 not permitted — Unconstitutional construc- 
 tion. — Subdivision 4, section 682, of the 
 Penal Code, can not be construed to permit 
 a prosecution under the "juvenile court 
 law" by verified complaint, and such a con- 
 struction would render that subdivision re- 
 pugnant to subdivision 3 of section 25, 
 article IV of the constitution, as well as 
 to subdivision 33 of that section. — People 
 V. Budd, 24 Cal. App. 176, 140 Pac. 714. 
 
 32. Same— Does not confer jurisdiction. 
 — A verified complaint can not confer juris- 
 diction of a charge of contributing to the 
 delinquency of a female under the age of 
 twenty-one years, under the "juvenile court 
 law." — People v. Budd, 24 Cal. App. 176, 
 140 Pac. 714. 
 
 33. Preliminary examination and com- 
 mitted required as conditions precedent to 
 information. — A preliminary examination 
 and commitment are conditions precedent 
 to an information upon which only can the 
 juvenile court try one with a misdemeanor 
 under the "juvenile court law," even though 
 it has jurisdiction of such offense. — In re 
 Sing, 13 Cal. App. 736, 110 Pac. 693. 
 
 34. Preliminary examination not re- 
 quired — iVuIlity. — It is admitted that a pre- 
 liminary examination is not required in 
 prosecution of "juvenile court law" of- 
 fenses, and wliere such examination is held, 
 it is a nullity. — Edington v. Superior Court, 
 18 Cal. App. 739, 124 Pac. 450. 128 Pac. 338. 
 
 35. Information — Dependency must be 
 allef;ed and proved. — In prosecutions un- 
 der the "juvenile court law" for contribut- 
 ing to the dependency of a minor, it is es- 
 sential to conviction to allege and prove 
 that such minor has become a dependent, 
 and such condition of dependency is an in- 
 dispensable prerequisite to the maintenance 
 of such a charge. — People v. Pierro, 17 Cal. 
 App. 741, 121 Pac. 689. 
 
 36. Same — Pica of dependency, sufficiency 
 of. — Where a child against whom the of- 
 fense of contributing to her dependency 
 has been committed, has been adjudicated 
 a dependent child, it would be sufficient to 
 plead such adjudication, but when no ad- 
 judication Is relied on, the facts which 
 make such minor a dependent under the 
 ITovisions of the law must be i>»eaded in 
 
 the information. — People v. Pierro, 17 Cal. 
 App. 741, 121 Pac. 689. 
 
 36a. Same — Same — Deflnltenesa required. 
 
 — A general allegation that the child to 
 whose dependency a defendant is charged 
 with contributing, "was then and there a 
 dependent child — within the meaning" of 
 the "juvenile court law" of 1909, is insuf- 
 ficient to inform the defendant of the par- 
 ticulars of the charge which he is called 
 upon to meet. — People v. Pierro, 17 Cal. 
 App. 741, 121 Pac. 689. 
 
 37. Same — Same. — The information must 
 set forth the facts making the minor de- 
 pendent unless there has been a previous 
 adjudication of dependency, in which case 
 it is sufficient to allege such adjudication. 
 — In re Goldsworthy, 22 Cal. App. 354, 134 
 Pac. 352. 
 
 38. Indictment or information — Prosecu- 
 tion must be by. — Prosecution for an of- 
 fense under section 26 of the "juvenile 
 court act" of 1911, must be by indictment 
 or information, and the superior court has 
 no jurisdiction to try such an offense upon 
 a mere verified complaint. — Gardner v. Su- 
 perior Court, 19 Cal. App. 548, 126 Pac. 501. 
 
 39. Same — Same.— Verified complaint In- 
 sutficient. — The prosecution, under the "ju- 
 venile court law" for contributing to the 
 delinquency of a female under twenty-one 
 years of age, must be by indictment or by 
 information after preliminary examination 
 by a magistrate, and not by a mere verified 
 complaint. — People v. Budd, 24 Cal. App. 
 176, 140 Pac. 714. 
 
 40. Same — Sufliciency. — An information 
 vsrhich charges the manager of a cafe with 
 contributing to the delinquency or depen- 
 dency of a minor, by being present when a 
 girl of seventeen years of age was served 
 with liquor in his cafe, sets forth a viola- 
 tion of section 21 of the act of 1915, espe- 
 cially since section 397b of the Penal Code, 
 which makes his conduct a misdemeanor. — 
 People V. De Leon, 35 Cal. App. 466, 170 Pac. 
 173. 
 
 41. Same — Same. — The information in 
 this case held to state facts warranting 
 the conclusion that the female child re- 
 ferred to was a dependent person within 
 the meaning of the act of 1911. — Edington 
 v. Superior Court, 18 Cal. App. 739, 124 
 Pac. 450, 128 Pac. 338. 
 
 42. Same — Same. — Although an informa- 
 tion does not expressly nor directly declare 
 that the minor therein named is a depend- 
 ent person, the charge that defendant en- 
 deavored to induce said minor to lead an 
 idle, dissolute and immoral life by impor- 
 tuning and coercing her to enter a house 
 of prostitution, and that he had sexual in- 
 tercourse with her, is sufficient. — In re 
 Goldsworthy, 22 Cal. App. 354, 134 Pac. 352. 
 
 43. Same — Same. — The information in 
 this case held to charge defendant with 
 committing the public offense of contribut- 
 ing to the dependency of a female child of 
 the age of fifteen years. — People v. Oliver, 
 29 Cal. App. 576, 156 Pac. 1005. 
 
 44. Same — Same. — An information whicli 
 fails to state that the particular acts
 
 13S7 
 
 JUAENILE COURT. 
 
 Act 2341 
 
 charged against defendant were committed 
 in the presence of the children or that such 
 acts had any direct effect upon their morals, 
 is insufficient to charge the offense of con- 
 tributing to the dependency of such chil- 
 dren in violation of the "juvenile court 
 law." — People v. Bergotini, 172 Cal. 717, 
 720, 158 Pac. 198. 
 
 45. Same — Same — Statute of limitations. 
 — An information filed November 2, 1917, 
 charging defendant did, on various dates 
 between October 1, 1916 and October 1, 1917, 
 entice a girl fifteen years of age away 
 from her home and usual place of abode 
 and induce her to accompany defendant to 
 various hotels and rooming houses, where 
 they occupied the same room, and defend- 
 ant did then and there have and accomplish 
 sexual intercourse with her, was sufficient 
 against the objection that there was a bar 
 of the one-year statute. — People v. Brown, 
 37 Cal. App. 101, 173 Pac. 621. 
 
 46. Same — Same. — An information charg- 
 ing defendant with inducing a girl of fif- 
 teen years of age to accompany him to 
 hotels and rooming houses, where they oc- 
 cupied the same room and he accomplished 
 with her the act of sexual intercourse, is not 
 insufficient for failure to allege negatively 
 they were husband and wife, where it does 
 show that their surnames were different, 
 and that she was only fifteen years of age. 
 — People v. Brown, 37 Cal. App. 101, 173 
 Pac. 621. 
 
 47. Oflfense of contributing may be com- 
 mitted upon person not previously delin- 
 quent. — Under the act of 1911 the offense 
 of contributing to the dependency or de- 
 linquency of a female under the age of 
 twenty-one years, may be committed upon 
 a person not theretofore possessing any of 
 the characteristics of dependency or de- 
 linquency under the act. — In re Golds- 
 worthy, 22 Cal. App. 354, 134 Pac. 352. 
 
 48. Evidence — Delinquency prior to 
 tiling information must be proved. — Upon 
 a charge of contributing to the dependency 
 of a girl under eighteen, by an act of 
 sexual intercourse with her, it is necessary 
 for the people to prove not only the act of 
 sexual intercourse, but also that the girl 
 was, prior to the filing of the information 
 a dependent person within the meaning of 
 the act, and that defendant's act caused or 
 contributed to such dependency. — People v. 
 Cruse, 24 Cal. App. 497, 141 Pac. 936. 
 
 49. Same — Previous acts of delinquency. 
 — The fact that the minor may have been 
 leading an idle, dissolute, and immoral life 
 prior to the time she came to defendant's 
 house is immaterial in a prosecution of the 
 proprietress of a house of prostitution for 
 a violation of section 21 of the "juvenile 
 court law," by permitting such minor to 
 commit acts of prostitution in her house. — 
 People V. Hanford, 35 Cal. App. 799, 171 
 Pac. 112. 
 
 50. Same — Evidence as to other acts. — 
 In a prosecution for contributing to the 
 dependency of a female child of fifteen 
 years, evidence of other acts of improper 
 conduct with such minor, than those 
 
 charged in the Information, is admissible. 
 — People V. Oliver, 29 Cal. App. 576, 156 
 Pac. 1005. 
 
 51. Same — Sufficient. — Evidence held suf- 
 ficient to support a judgment of conviction 
 of the offense of contributing to the de- 
 pendency of a female child of the age of 
 fifteen years. — People v. Oliver, 29 Cal. App. 
 576, 156 Pac. 1005. 
 
 52. Same — Defendant entitled to full 
 measure of all legal rights. — In a prosecu- 
 tion under the "juvenile court law" for con- 
 tributing to the delinquency of a female 
 under twenty-one years of age by an act 
 of sexual intercourse with her, owing to 
 natural instincts and laudable sentiments 
 on the part of the jury, and the usual cir- 
 cumstances of isolation of the parties in- 
 volved in the commission of the offense, the 
 defendant is, as a rule, so disproportion- 
 ately at the mercy of the prosecutrix's evi- 
 dence, that he should be given the full 
 measure of every legal right. — People v. 
 Cruse, 24 Cal. App. 497, 141 Pac. 936. 
 
 53. Instructions — As to moral delin- 
 quency of girl complainant. — An instruction 
 that the moral delinquency of the girl 
 complainant should not be considered aa 
 affecting her credibility, is proper in a 
 prosecution under the "juvenile court law " 
 for contributing to the delinquency of a 
 female under the age of twenty-one years 
 by committing an act of sexual intercourse 
 with her. — People v. Cruse, 24 Cal. App. 
 497, 141 Pac. 936. 
 
 54. Orders — IVot for punishment— Pro- 
 vision for guardianship. — Juvenile court 
 orders are not for the infliction of pun- 
 ishment, but to provide suitable guardian- 
 ship, and the defendant is not entitled to a 
 jury trial. — In re Brodie, 33 Cal. App. 751, 
 166 Pac. 605. 
 
 .55. Judgment — Discharge on ground that 
 defendant did not stand in loco parentis. — 
 A person convicted of a violation of the 
 terms of section 26 of the "juvenile court 
 law" can not be discharged on habeas cor- 
 pus on the ground that he did not stand 
 in loco parentis to the child. — In re Sing, 
 14 Cal. App. 512, 112 Pac. 582. 
 
 56. Same — Abandoned and neglected 
 children — Reopened on father's pe<ifion.— 
 Where an order of the juvenile court ad- 
 judging minor children neglected under the 
 act was made without the father's consent, 
 reserved the matter for the further order 
 of the court, the court had jurisdiction, 
 upon the petition of the father, to reopen 
 the case. — In re Cannon, 27 Cal. App. 549, 
 150 Pac. 794. 
 
 57. Same — Same — Deprivation of par- 
 ental custody. — The "juvenile court law" 
 of 1913 provides that the custody of a 
 neglected child shall not be taken from a 
 parent, without his consent, except it is 
 found that he is incapable of providing or 
 has neglected or failed to provide for such 
 child, and on an appeal from an order 
 denying a petition of the father of minors 
 to set aside a judgment, made without his 
 consent, adjudging his children neglected 
 persons within the act, and the proceedings
 
 Act 1:341 
 
 GKNKRVI. LAWS. 
 
 13S.S 
 
 leading up to th« ju.lKtncnt are not in the 
 record. It will be prosumed that there was 
 ■uch evidence of neglect as rendered his 
 consent unnecessary. — In re Cannon. 27 
 Cal App. 549. 150 Tac. 794. 
 
 58. Samr — Sonic — Snine. — AVrlfnro of ml- 
 ^or. — Under i I'b a thuline tliat the wel- 
 fare of the minor requires the taking away 
 of such minor from the custody of hi.'< par- 
 ent or guardian is essential where this is 
 jonc. — In re Brodle. 33 Cal. App. 751, 166 
 Vac. 605. 
 
 B9. Smne— Comniltnirnt to Pre«ton — Pro- 
 ballon. — In case of an ordinary criminal 
 information the court may commit a minor 
 to the Preston School of Industry for a 
 probationary period, and may change or 
 modify the judgment at any time during 
 the probationary term; subject to the right 
 of the trustees to admit the prisoner to 
 probation or to discharge him, and If so 
 discharged he Is released from all pen- 
 alties and disabilities, and In ca.se of re- 
 arrest by order of the court, may l)e re- 
 leased on habeas corpus. — In re Jolin;50n, 
 36 Cal. App. 319, 171 Pac. 1074. 
 
 80. Same ^ Same — Jurindlotion of truH- 
 tcrn. — The "Juvenile court law" of 1915, does 
 not take away from the board of trustees 
 of the Preston School of Industry the right 
 to allow paroles or malce discharges of Its 
 inmates. — In re Johnson, 36 Cal. App. 319, 
 171 Pac. 1074. 
 
 81. Appeal — Record — Authcnticntion. — 
 Prior acts rontain no provision for an ap- 
 peal, but the act of 1913 (§30) provides for 
 an appeal to the district court of appeal, 
 from an order sending a dependant child 
 to a school at the mother's expense, and 
 further provides the manner of authenticat- 
 ing the record to be reviewed. — In re Fow- 
 ler. 24 Cal. App. 529. 141 Pac. 1053. 
 
 82. Same — Record. — An appeal from an 
 order declaring a child dependent and send- 
 ing her to a school at her mother's expense. 
 Is taken, under section 30 of the act of 
 1913, by a bill of exceptions, settled by the 
 Judge, engrossed and certified by the clerk, 
 and the appeal will be dismissed If such 
 bill Is not signed by the judge, although 
 engrossed, and certified by the clerk to 
 have been "regularly settled and allowed 
 by the Judge." — In re Fowler, 24 Cal. App. 
 529. 141 Pac. 1053. 
 
 V. PROBATION OFFICER. 
 
 8.T Salary — Dlnqiialiflrntlun to hold other 
 oince. — Section 18 of the act of 1915, as to 
 salary and disqualifications of a probation 
 offlcor. disqualifies such officer from holding 
 the position of the superintendent of the 
 detention home. — Spier v. Peck. 36 Cal. App. 
 4. 171 Pac. 115. 
 
 84. Same — I.>ef;lKlatIve pi>t>rr to create 
 analMtant. — The legislature was empowered 
 to create the office of assistant probation 
 officer, ar.d to make such an officer a county 
 officer, appointed by the juvenile court, and 
 to fix his tenure of office and his compen- 
 sation, as was done by the "juvenile court 
 law" of 1911. — Reed v. Hammond, 18 Cal. 
 App. 442, 123 Pac. SI"}. 
 
 OS. Conflict of la^vN — I, on Angelca countjr 
 charter provlHlonn. — .Xfter the adoption of 
 the Los Angeles county charter, tlie board 
 of supervisors have power to appoint a 
 probation ofllcer without waiting for the 
 removal of an incumbent holding under an 
 appointment by the juvenile court. — Gibson 
 V. Civil Service Commissioners, 27 Cal. App. 
 396, 150 Pac. 78. 
 
 60. Snnie — Same. — The county charter of 
 Los Angeles county providing for the re- 
 moval of county officers supersedes the 
 "juvenile court law," giving that power to 
 the juvenile court judge, and vests it in the 
 Los Angeles board of civil service commis- 
 sioners. — Gibson v. Civil Service Commis- 
 sion, 27 Cal. App. 396, 150 Pac. 78. 
 
 67. County officer. — A probation officer Is 
 a county officer. — Gibson v. Civil Service 
 Commission, 27 Cal. App. 396, 150 Pac. 78. 
 
 6S. Payment of salary — Mandamua to 
 compel. — Mandamus will lie to compel the 
 payment of the salary of a legally ap- 
 pointed probation officer under the act of 
 1911 by the county auditor. — Moore v. Wil- 
 liams, 19 Cal. App. 600, 127 Pac. 509. 
 
 69. JuriNdiction of court to appoint. — 
 Even if the legislation had made no pro- 
 vision for the appointment by the court 
 of probation officers, and had made no 
 provision for such officers, the court would 
 have had jurisdiction, under the act, to 
 make such appointment. — Nicholl v. Koster, 
 157 Cal. 416, 108 Pac. 302. 
 
 70. Power of appointment by Jadg:e not 
 unconntitutional. — The probation officers 
 .appointed under the act are not officers of 
 the state government, and the appointment 
 of such officers is not necessarily a part of 
 the duties or functions of the executive 
 department of the state government, ac- 
 cording to the system outlined In the con- 
 stitution, and the Juvenile court Judge, in 
 appointing such officers, does not exercise 
 functions Intended to be described in the 
 constitution as those appertaining to the 
 executive department of the state, and the 
 provision of the act authorizing the ap- 
 pointment Is not In conflict with article III 
 of the constitution. — Nicholl v. Koster, 157 
 Cal. 416, 108 Pac. 302. 
 
 71. I.ceiNlntivc poorer to provide f«»r ap- 
 pointment in county org.niiization net. — The 
 legi.slalure had power to create a new 
 county and provide for the appointment of 
 persons to perform the duties thereof, who 
 would be county officers. — Nicholl v. Koster, 
 157 Cal. 416, 108 Pac. 302. 
 
 72. DuticM of. — The probation officer pro- 
 vided for in the act, is required to inquire 
 into the antecedents, character, family, his- 
 tory, environment, and cause of delin- 
 quency of every child brought before the 
 court, to be present in court and represent 
 the interests of such child upon the hearing 
 as to Its being delinquent, to give to the 
 court such information and assistance as it 
 may require, to tal<e charge of the child, 
 and, in some circumstances, to act in a ca- 
 pacity similar to that of a guardian. — 
 Nicholl V. Koster, 157 Cal. 416, 108 Pac. 302. 
 
 73. San Francisco city uud cuunly Iron.H- 
 
 I
 
 1389 KAWEAH RIVGR. Acts 2345. 2353 
 
 nry !■ "county treasury" under the act. — San Francisco as to its provisions relating 
 
 The treasury of the city and county of San to the compensation of the probation of- 
 
 Francisco is, so far as the payment of the fleers of the so-called "juvenile court." — • 
 
 compensation of the probation officer is con- Nicholl v. Koster, 157 Cal. 416, 108 Pac. 
 
 cerned, for that purpose, a county treas- 302. 
 
 ury.— Nicholl v. Koster, 157 Cal. 416, 108 VI. CONFLICT OP LAWS. 
 
 Pac. 302. tfQ^ lioa Angeles county charter pro- 
 
 74. Same — Payment of probation officer. visions superseded by the "juvenile court 
 — As the San Francisco charter neither law." — The provisions of the Los Angeles 
 creates the office of probation officer con- charter conferring- exclusive jurisdiction in 
 templated by the act, nor prescribes the misdemeanor cases upon the police court, 
 duties thereof, nor provides for the com- was superseded by the "juvenile court law" 
 pensation of such officer, there is nothing in as to misdemeanors under that act. — In re 
 its provisions which can in any way affect Sing, 13 Cal. App. 736, 110 Pac. 693. 
 
 the validity and force of the declaration of 77. San Francisco charter. — The San 
 the act that such compensation must be Francisco charter does not control the pro- 
 paid out of the county treasury. — Nicholl v, visions of this law, in so far as the law 
 Koster, 157 Cal. 416, 108 Pac. 302. gives additional jurisdiction to the supe- 
 
 75. Same — Act in force in San Francisco rior court, prescribes the necessary pro- 
 as to payment of salary of probation officer. cedure and provides the means of exercis- 
 — In the absence of charter provi.sions, the ing and enforcing that jurisdiction.— 
 act is in force in the city and county of Nicholl v. Koster. 157 Cal. 416, 108 Pac. 202. 
 
 CHAPTER 178. 
 KAWEAH RIVER. 
 
 CONTENTS OF CHAPTER. 
 ACT 2345. Kaweah Kiver Commissioners. 
 
 KAWEAH RIVER COMMISSIONERS. 
 
 ACT 2345 — An act to create a board of commissioners in the county of Tulare, to define 
 
 their powers and duties, and to appropriate money for the purpose thereof. 
 
 History: Approved March 15, 1864, Stats. 1863-64, p. 167. Amended 
 March 20, 1866, Stats. 1865-66, p. 314. 
 
 The commissioners Tvere empowered to open the old channel of the river, remove drift, 
 trees and beaver dams. 
 
 KEEPER OF ARCHIVES. 
 See Kerr's Cyc. Political Code, H 412, 413. 
 
 CHAPTER 179. 
 KELP. 
 
 CONTENTS OF CHAPTER. 
 ACT 2353. Kelp Act. 
 
 KELP ACT. 
 ACT 2353 — An act to regulate the taking and harvesting of kelp and other aquatic 
 plants of the state of California by recognizing and declaring their ownership in the 
 state of California and providing for the control thereof by the fish and game com- 
 missioners, and providing for a license tax upon all persons, firms or corporations 
 engaged in the industry of taking or harvesting kelp or other aquatic plants, and pro- 
 viding for the collection and disbursement of the revenues derived therefrom, and 
 providing for a privilege tax upon all kelp taken in the waters of this state, and 
 providing for the protection of kelp beds, and for the manner of taking kelp and 
 other aquatic plants, and providing for hearings by the fish and game commissioners, 
 and providing penalties for the violation of this act. 
 
 History: Approved May 18, 1917. In effect July 27, 1917. Stats. 
 1917, p. 646.
 
 Act 2353. 88 1-6 GKNKRAL LAWS. 1300 
 
 Kelp state property. 
 
 ^ 1. All kelp and other aquatic plants in the waters of the state are hereby declared 
 to be the property of the state of California. 
 
 Powers of board of fish and game commissioners. 
 
 ^ 2. The board of fish and game commissioners of the state of California are hereby 
 empowered to carry out the provisions of this act, and to make proper rules and regu- 
 lations for the taking and han-esting of kelp, and the conservation of kelp and aquatic 
 plants, and to see that the laws, rules and regulations with reference thereto are strictly 
 enforced, and to issue all licenses herein provided for, and collect the fees therefor, and 
 to collect all moneys due or to become due under this act. 
 
 License to harvest kelp. 
 
 $ 3. Ever>' person, firm or corporation, desiring to engage in taking or harvesting 
 kelp or other aquatic plants for profit in the waters of this state must tirst obtain a 
 license before engaging in such occupation. 
 
 Term. Fee. Privilege tax. 
 
 $ 4. Licenses granting the privilege to take or harvest kelp in this state shall be 
 issued and delivered upon application by the state board of fish and game commissioners, 
 who shall prepare suitable licenses, which shall license the holder of such license to 
 take or harvest kelp or other aquatic plants in this state for the term of one year from 
 the date of the issuance of such license. All licenses shall be numbered consecutively, 
 and shall contain blanks for the name of the licensee, and place of business, which 
 information shall be furnished by the applicant to the board of fish and game commis- 
 sioners. The license herein provided for shall be issued to such applicant upon payment 
 of ten dollars and before such license is delivered to the applicant said license must 
 be countersigned by the president of the board of fish and game commissioners, and 
 in addition to such license fee every person, firm or corporation taking or harvesting 
 kelp shall pay a privilege tax of one and one-half cents per ton of wet kelp taken or 
 harvested. 
 
 Kecord of kelp harvested. 
 
 ^ 5. Every person, firm or corporation engaged in taking or harvesting kelp in the 
 waters of this state shall cause to be weighed, all wet kelp immediately after said kelp 
 shall be delivered to the place of business designated in said license, and the weight 
 thereof shall be entered in a book, or books, to be kept by said person, firm or corpora- 
 tion, said book or books to be open at all times to the inspection of the board of fish 
 and game commissioners, or any of its deputies; every person, firm or corporation 
 engaged in taking or har\-esting kelp shall on or before the tenth day after the last day 
 of each month during the term of said license, render a statement of the weight of all 
 wet kelp cut or harvested during the preceding month, and pay to the board of fish and 
 game commissioners, the privilege tax herein provided for. 
 
 Notice of closing kelp beds. Hearing. 
 
 $ 6. If at any time the taking or har\'esting of kelp will tend to destroy or impair 
 any kelp bed or beds or parts thereof, or shall tend to impair or destroy the supply of 
 any food for game fish, said fish and game commission shall cause to be served on every 
 person, firm or corporation, licensed to take or harvest kelp in the waters of this state, 
 a notice in writing that said kelp bed or beds or parts thereof shall be closed to the 
 taking or harvesting of kelp for a period not to exceed one year. Within ten days after 
 the service upon any person, firm or corporation licensed to take or harvest kelp under 
 the provisions of this act, of a notice that any kelp bed or beds or parts thereof are 
 closed to the taking or harvesting of kelp, said person, firm or corporation may demand 
 
 
 I
 
 1301 KELP. Act 2353 
 
 a hearing upon the necessity for making such order, by serving on the board of fish and 
 game commissioners a demand to be heard upon the necessity for closing said kelp bed 
 or beds or parts thereof for the taking or harvesting of kelp, and upon such demand 
 for a hearing, said board of fish and game commissioners shall fix a time and place for 
 the taking of evidence upon the necessity of closing said bed or beds or parts thereof, 
 which time shall be not less than ten days nor more than thirty days from the date of 
 such demand for a hearing, and said fish and game commission shall cause notices in 
 writing to said time and place to be served upon the party or parties making a demand 
 for said hearing at least ten days before the day set for the hearing, and if no demand 
 is made for a hearing within the time prescribed herein, said kelp bed or beds or parts 
 thereof shall remain closed to the taking or harvesting of kelp for the time mentioned in 
 said order. 
 
 Complaint. Answer. Evidence. Witness fees. Powers of superior court. 
 
 Complaint may be made by the commission or any of its deputies against any person, 
 finn or corporation licensed to cut or harvest kelp in the waters of this state for any 
 violation of the laws of this state, or any rules or regulations made by the board of 
 fish and game commissioners for the taking or harvesting of kelp. Said complaints 
 shall be made in writing, setting forth the particular offense charged to have been 
 committed by said person, firm or corporation, a copy of which shall be filed with the 
 board of fish and game commissioners and a copy of the same served upon the person, 
 firm or corporation so charged. Said person, firm or corporation must appear or file an 
 answer within five days from the date of service of a copy of said complaint, and if 
 default be made, the board of fish and game commissioners shall issue an order revoking 
 said license for the period hereinafter prescribed in this act, and said board of fish and 
 game commissioners shall fix a time and place for the hearing of said charges, not less 
 than ten days nor more than thirty days from the filing of said charges, and if the 
 party accused appears and answers, a day may be fixed within the time prescribed in 
 this act to take testimony. The evidence in any investigation, inquiry or hearing upon 
 the necessity for closing any kelp bed or beds or parts thereof and the evidence in any 
 hearing upon any charges made against any person, firm or corporation for violating 
 any of the laws of the state of California for the preservation of kelp, or of the rules 
 and regulations of the board of fish and game commissioners regulating the taking and 
 harvesting and handling of kelp provided for in this section may be taken by any mem- 
 ber of the board of fish and game commissioners, or such deputy fish and game commis- 
 sioner or employee as the board may designate to take such evidence; and each member 
 of the board and any of its deputies or employees designated to take evidence at the 
 hearing provided hereby shall have the power to administer oaths, take afiSdavits and 
 issue subpoenas for the attendance of witnesses at such hearing. Each witness legally 
 subpoenaed attending a hearing shall receive for his attendance the same fees and mile- 
 age allowed by law to a witness in civil cases, which amount shall be paid by the party 
 at whose request such witness is subpoenaed. The superior court in and for the county 
 or city and county in which any inquiry, investigation, hearing or proceeding may be 
 held under authoritity of this section, shall have power to compel the attendance of 
 witnesses, the giving of testimony and the production of papers, as required by any 
 subpoena issued under authority of this section. 
 
 Report of failure to obey subpoena. 
 
 The commission or representative of the commission before whom the testimony is to 
 be given or produced may in the case of refusal of any witness to attend, or testify or 
 produce any papers required by such subpoena, report to the superior court in and for 
 the county or city and county in which the proceeding is pending by petition setting 
 forth that due notice has been given of the time and place of the attendance of said
 
 Act 2353. §S 7-8 GENERAL LAWS. 1392 
 
 witness or the production of said papers and that the witness has been summoned in 
 the manner prescribed in this act and that the witness has failed and refused to attend 
 or produce the papers required by the subpoena before the commission or its repre- 
 sentatives, in the case or proceeding named in the notice of time and place of hearing 
 and subpoena, or has refused to answer questions propounded to him in the course of 
 said proceeding, and ask an order of said court to compel the witness to attend and 
 testify or produce said papers before the commission or its representatives. 
 
 Order of court. 
 
 The court upon the petition of the commission or its representatives, shall enter an 
 order directing the witness to appear before the court at any time and place to be fixed 
 by the court in such order, the time to be not more than ten days from the date of the 
 order, and then and there show cause why he has not attended and testified or produced 
 said papers before the commission or its representative. A copy of said order shall be 
 served upon said witness. If it shall appear to the court that said subpoena was regu- 
 larlv issued by the commission or its representative the court shall thereupon enter an 
 order that said witness shall appear before the commission or its representatives at the 
 time and place entered in said order, and testify or produce the required papers, and 
 upon failure to obey said order said witness shall be dealt with as for contempt of 
 court. 
 
 Deposition of witnesses. 
 
 The commission or its representatives, or any party designated by the fish and game 
 commission may, in any investigation or hearing before the commission, or its represen- 
 tatives, cause the deposition of witnesses, residing within or without the state, to be 
 taken in the manner prescribed lay law for like depositions in civil actions in the supe- 
 rior courts of this state, and to that end may compel the attendance of witnesses and 
 the production of documents and papers. 
 
 Revocation of license. 
 
 § 7. If any person, firm or eorjioration, taking or harvesting kelp from any bed or 
 beds or parts thereof, after service of a notice that said bed or beds or parts thereof 
 are closed to the taking or harvesting of kelp, takes or harvest any kelp between the 
 time of the service of said notice and the decision of the board of fish and game com- 
 missioners -upon the hearing for the necessity for closing said kelp bed or beds or parts 
 thereof, his license may be revoked for a period not to exceed one year. 
 
 Revocation of license. 
 
 § 8. If any person, firm or corporation, licensed to take or harvest kelp in the waters 
 of this state shall violate any of the laws of the state of California, regulating the tak- 
 ing and har\'esting of kelp, or any rule or regulation of the board of fish and game 
 commissioners regarding the taking or harvesting of kelp, said board of fish and game 
 commissioners may, after a hearing, as provided herein, revoke said license and with- 
 hold the issuance of a new license to any such j)erson, firm or corporation for a period 
 not to exceed one year thereafter. 
 
 Penalty. 
 
 ^ 9. Every person, firm or corporation, who takes or harvests kelp or otlier aquatic 
 plants for profit in this state, without first obtaining a license therefor, is guiltj' of a 
 misdemeanor and upon conviction shall be punished by a fine of not less than fifty 
 dollars nor more than five hundred dollars, or by imprisonment in the county jail, in 
 the county in which conviction shall be had for not less than fifty days nor more than 
 one hundred and fifty days, or by both such fine and imprisonment.
 
 ]3!)3 KRRN COUNTY. Acts 2361, 2307, §§ 1, 3 
 
 Fines paid to "state university fund." 
 
 All fines and forfeitures collected for any violation of this act and all licenses fees 
 and two-thirds of the moneys collected from the privilege tax under this act must be 
 jjaid into the state treasury to the credit of the fish and game preservation fund and 
 one-third of the moneys collected from the privilege tax under this act must be paid 
 into the state treasury to the credit of the "state university fund." The amount so 
 paid to the "state university fund" in accordance with the direction of this section, is 
 liereby appropriated to be expended annually in accordance with law by the Scripps 
 Institute of Biological Research. 
 
 License not required, when. 
 
 § 10. The fish and game commission of this state shall have the power, subject to 
 such rules and regulations as it may deem proper, to grant permits to any department of 
 the United States government or to any scientific or any educational institution to take 
 or harvest kelp at any and all times for scientific or experimental purposes without 
 the payment of the kelp license or privilege tax herein provided. 
 
 Repealed. 
 
 $ 11. All acts and parts of acts in conflict herewith are hereby repealed. 
 
 KENNETT. 
 
 See Act 3094, note. 
 
 CHAPTER 180. 
 
 KERN COUNTY. 
 
 References: Boundary, see Kerr's Cyc. Political Code, §3923; and see tit. "County 
 Boundaries." 
 County Government, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2361. Issue of Bonds to Pay County Indebtedness. 
 2367. Increase of Superior Judges. 
 2371. Salaries of Superior Judges. 
 
 ACT 2361 — An act to provide for the issuance of bonds in the county of Kern, for the 
 
 payment of the indebtedness of said county. 
 
 History: Approved March 31, 1876, Stats. 1875-76, p. 645. 
 
 This act authorized the issue of $40,000 ten per cent bonds, due January 1, 1896, for the 
 purpose indicated. 
 
 INCREASE OF SUPERIOR JUDGES. 
 
 ACT 2367 — An act to increase the number of judges of the superior court of the county 
 
 of Kern, and to provide for the appointment of an additional judge. 
 
 History: Approved April 14, 1913. In effect August 10, 1913. Stats. 
 1913, p. 23. Prior act of February 17, 1903, Stats. 1903, p. 30, increased 
 the number of judges from one to two. 
 
 Additional judge for Kern county. 
 
 § 1. The number of judges of the superior court of the county of Kern, is hereby 
 increased from two to three. 
 
 § 2. Within thirty days after the taking effect of this act, the governor shall appoint 
 one additional judge of the superior court of the county of Kern, state of California, 
 who shall hold office until the first Monday after the first day of January, A. D. nineteen 
 hundred and fifteen. At the general election to be held in November, 1914, a judge of 
 
 Gen Laws — 88
 
 Act* 2371-2380 
 
 GENERAL LAWS. 1394 
 
 the superior court of said county shall be elected in said county, who shall be the suc- 
 cessor of the judge appointed hereunder, to hold office for the term prescribed by the 
 constitution and by law. 
 
 Appointment and term of ofllce. Election. 
 
 ^ 3. The salary of said additional judge shall be the same in amount, and shall be 
 paid at the same time, and in the same manner, as the salary of the other judges of the 
 superior court of said county now authorized by law. 
 
 SALARIES OF SUPERIOR JUDGES. 
 
 ACT 2371 — An act fixing the salaries of the judges of the superior court of the state of 
 
 California, in and for the county of Kern, and providing for the payment thereof. 
 
 History: Approved May 1, 1911, Stats. 1911, p. 1421. 
 
 Salary of superior Judges of Kern county. 
 
 § 1. The annual salary of each of the judges of the superior court of the state of 
 California in and for the county of Kern is five thousand dollars; one-half thereof to be 
 paid by the said state and the other half thereof by the said county; at the same times 
 and in like manner as the salaries of the other judges of the superior court of said state 
 are paid. 
 
 Repeal of conflicting acts. 
 
 ^ 2. All acts and parts of acts so far as they conflict with this act are hereby 
 repealed. 
 
 ^ 3. This act shall take effect and be in force from and after its passage. 
 
 1. Act not repealed by section 737, Po- act containing no general or special repeal- 
 
 lltical Code. — Tliis act was not repealed by ing clause, and making no change in the 
 
 the re-enactment in 1915 of section 737 of section as it existed prior to re-enactment 
 
 the Political Code, fixing salaries of supe- except in the case of Sonoma county. — 
 
 rior court judges in about fifty counties of Peairs v. Chambers, 28 Cal. App. 584, 163 
 
 the state, including Kern, the re-enacting Pac. 410. 
 
 KEYES CREEK. 
 
 See Kerr's Cyc. Political Code, §2349. 
 
 KING CITY. 
 
 See Act 3094, note. 
 
 CHAPTER 181. 
 
 KINGS COUNTY. 
 
 References: Boundaries, see Kerr's Cyc. Political Code, §3924; and, also, see tit. 
 'County Boundaries." 
 County government, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 
 CONTENTS OF CHAPTER. 
 ACT 2380. Organization Act. 
 
 ORGANIZATION ACT. 
 
 ACT 2380 — To create the county of Kings, to define the boundaries thereof, to fix the 
 
 county seat thereof, and to provide for its organization and election of officers, and 
 
 to classify said county. 
 
 History: Approved March 22, 1893, Stats. 1893, p. 176. 
 
 1. Constitutionality — Collection of t&xes property within the boundary of the new 
 in new county. — The provision of section 15 county is not unconstitutional on the 
 as to the collection of taxes for 1892 on ground of special legislation or that it is
 
 IM5 KMGUTS LA^TDING. Act 2395 
 
 not expressed In the title of the act. — was placed in the county treasuries for the 
 
 Kings County v. Johnson, 104 Cal. 198, 37 convenience of the landowner, and there 
 
 Pac. 870. was no provision in the organization act 
 
 2. Same — Power to apportion debts of for the transfer of any portion of the fund 
 new county. — The power to apportion debts in the Tulare county treasury to Kings 
 of a new county and an old, under section 3 county, on the latter's organization. — 
 of article XI of the constitution rests ex- County of Kings v. County of Tulare, 119 
 clusively with the legislation, and not with Cal. 509, 51 Pac. 866. 
 
 the courts. — County of Tulare v. County of 5. Mandamu.s — Furnishing to collector of 
 
 Kings, 117 Cal. 195, 49 Pac. 8. new county — List of unpaid ta^ces by col- 
 
 3. Action for debt by old county against lector of old county. — Mandamus may issue 
 new county for the latter's proportion of to compel the tax collector of Tulare county 
 debts. — Neither section 1432 nor 2847, Civil upon his refusal on demand of the tax col- 
 Code, authorizes the mother county to bring lector of Kings county, to furnish the list 
 an action against the new county for the of unpaid taxes on property within Kings 
 latter's just proportion of the debts of the county for year 1892. — Kings County v. 
 old county. — County of Tulare v. County of Johnson, 104 Cal. 198, 37 Pac. 870. 
 Kings, 117 Cal. 195, 49 Pac. 8. 6. Same — Same. — It was not the duty of 
 
 4. Swamp land fund — State as cus- the tax collector of Tulare county to col- 
 todian. — The state has ceased to be the lect any of the taxes for the year 1892, on 
 immediate custodian of the swamp land land within the boundaries of Kings county, 
 fund, but there is nothing in any act that unpaid when the demand provided for in 
 confers upon any county any property right section 15 of the act is made, and if any 
 in and to this fund, and there is nothing money was collected on such taxes, the 
 in any act from which it may be inferred remedy is by action for money had and re- 
 that the state has relinquished its right of ceived by him. — Kings County v. Johnson, 
 legislative control over it, or has re- 104 Cal. 198, 37 Pac. 870. 
 
 nounced, or transferred its trust; and it 
 
 KINGSBURG. 
 
 See Act 3094, note. 
 
 CAPTER 182. 
 
 KNIGHTS LANDING. 
 Reference: See tit. "Drainage." 
 
 CONTENTS OF CHAPTER. 
 ACT 2395. Hogs and Goats Eunning at Large. 
 
 HOGS AND GOATS RUNNING AT LARGE. 
 
 ACT 2395 — An act to prevent hogs and goats running at large in. 
 
 History: Approved March 20, 1872, Stats. 1871-72, p. 438. 
 
 The code commissioners are of the opinion that this act was probably repealed by the 
 general estray law of 1897; but see editor's note to chapter on "Estrays." 
 
 CHAPTER 183. 
 
 LABOR BUREAU. 
 
 References: Hours of labor, see Kerr's Cyc. Political Code, § 3244. 
 
 Labor union, unlawful use of trade mark, see Kerr's Cyc. Penal Code, § 349b. 
 
 Labor union, coercing persons not to join, see Kerr's Cyc. Penal Code, § 679. 
 
 Lien for labor, see Kerr's Cyc. Civil Code, §§ 3051, 3052. 
 
 Minors, see Kerr's Cyc. Penal Code, § 651. 
 
 Office hours, county officers, see Kerr's Cyc. Political Code, § 4312. 
 
 Prisoners, see Kerr's Cyc. Penal Code, §§ 1613, 1614. 
 
 Public works, see Kerr's Cyc. Political Code, § 3245. 
 
 Street cars, see Kerr's Cyc. Political Code, §§ 3246, et seq. 
 
 Union labor, misrepresentation as to employment, see Kerr's Cyc. Penal Code 
 
 §§ 349a, 349c. 
 Water front, San Francisco, see Kerr's Cyc. Political Code, § 2545. 
 See, generally, tits. "Hours of Labor"; "Infants"; "Master and Servant.'* 
 
 CONTENTS OF CHAPTER. 
 ACT 2401. Bureau of Labor Statistics. 
 
 2402. Bureau of Labor Statistics — Attorney, 
 
 2403. Enforcement op Labor Laws. 
 
 2404. Protection of Wages Act of 1868.
 
 Act ::401, gg 1-3 GENERAL LAWS. 1306 
 
 BUREAU OF LABOR STATISTICS. 
 ACT 2401 — An act to establish and support a bureau of labor statistics. 
 
 History: Approved March 3, 1S83, Stats. 1883, p. 27. Amended (1) 
 February 8, 1SS9, Stats. 1889, p. 6; (2) February 20, 1901, Stats. 1901, 
 p. 12; (3) March 15, 1907, Stats. 1907, p. 306; (4) February 20, 1909, 
 Stats. 1909, p. 36; (5) February 13, 1911, Stats. 1911, p. 39; (6) 
 April 28, 1911, Stats. 1911, p. 1205; (7) May 29, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 925. (8) May 29, 1915. In effect 
 August 8, 1915. Stats. 1915, p. 928. (9) May 10, 1917. In effect 
 July 27. 1917. Stats. 1917, p. 328, (10) May 7, 1919. In effect July 22, 
 1919. Stats. 1919, p. 330. 
 
 Term of labor commissioner. 
 
 ^ 1. As soon as possible after the passage of this act, the governor of this state shall 
 
 appoint a suitable person to act as commissioner of a bureau of labor statistics. The 
 
 headquarters of said bureau shall be located in the city and county of San Francisco. 
 
 Said commissioner shall hold office and serve solely at the pleasure of the governor, and 
 
 not otherwise. [Amendment approved February 13, 1911. Stats. 1911, p, 39.] 
 
 Commissioner's bond. 
 
 ^ 2. The commissioner of the bureau, before entering upon the duties of his office, 
 must execute an official bond in the sum of five thousand (5000) dollars and take oath 
 of office, all as prescribed by the Political Code for state officers in general. 
 
 Duties of commissioner enumerated. 
 
 $ 3. The duties of the commissioner shall be to collect, assort, systematize, and 
 present, in biennial reports to the legislature, statistical details, relating to all depart- 
 ments of labor in the state, such as the hours and wages of labor, cost of living, amount 
 of labor required, estimated number of persons depending on daily labor for their sup- 
 port, the probable chances of all being employed, the operation of labor-saving ma- 
 chinery in its relation to hand labor, etc. Said statistics may be classified as follows: 
 
 First — In agriculture. 
 
 Second — In mechanical and manufacturing industries. 
 
 Third — In mining. 
 
 Fourth — In transportation on land and water. 
 
 Fifth — In clerical and all other skilled and unskilled labor not above enumerated. 
 
 Sixth — The amount of cash capital invested in lands, buildings, machinery, material, 
 and means of production and distribution generally. 
 
 Seventh — The number, age, sex, and condition of persons employed; the nature of 
 their employment; the extent to which the apprenticeship system prevails in the various 
 skilled industries; the number of hours of labor per day; the average length of time 
 employed per annum, and the net wages received in each of the industries and employ- 
 ments enumerated. 
 
 Eighth — The number and condition of the unemployed, their age, sex, and nation- 
 ality, together with the causes of their idleness. 
 
 Ninth — The sanitary condition of lands, workshops, dwellings, the number and size 
 of rooms occupied by the poor, etc.; the cost of rent, fuel, food, clothing, and water in 
 each locality of the state; also the extent to which labor-saving processes are employed 
 to the displacement of hand labor. 
 
 Tenth — The number and condition of the Chinese in the state; their social and sani- 
 tary habits; number of married, and of single; the number employed, and the nature 
 of their employment; the average wages per day at each emploj^ment; and the gross 
 amount yearly; the amounts expended by them in rent, food, and clothing, and in 
 what proportion such amounts are expended for foreign and home productions, respec- 
 tively; to what extent their employment comes in competition with the white industrial 
 classes of the state.
 
 laor LABOR BUREAU. Act 2401, §§ 4-7 
 
 Eleventh — The miinber, condition, and nature of the employment of the inmates of 
 the state prison [s], county jails, and reformatory institutions, and to what extent their 
 employment comes in competition with the labor of mechanics, artizans, and laborers 
 outside of these institutions. 
 
 Twelfth — All such other information in relation to labor as the commissioner may 
 deem essential to further the object sought to be obtained by this statute, together with 
 such strictures on the condition of labor and the probable future of the same as he may 
 deem good and salutary to insert in his biennial reports. 
 
 State department officers to assist. 
 
 § 4. It shall be the duty of all officers of state departments, and the assessors of the 
 various counties of the state, to furnish, upon the written request of the commissioner, 
 all the information in their power necessary to assist in carrying out the objects of this 
 act; and all printing required by the bureau in the discharge of its duty shall be per- 
 formed by the state printing department, and at least three thousand (3000) copies of 
 the printed report shall be furnished the commissioner for free distribution to the 
 public 
 
 Penalty for ohstructing. 
 
 § 5. Any person who wilfully impedes or prevents the commissioner or his deputy 
 in the full and free performance of his or their duty, shall be guilty of a misdemeanor, 
 and upon conviction of the same shall be fined not less than ten (10) nor more than 
 fifty (50) dollars, or imprisonment not less than seven (7) nor more than thirty (30) 
 days in the county jail, or both. 
 
 Office hours. 
 
 ^ 6. The office of the bureau shall be open for business from nine (9) o'clock a. m. 
 until five (5) o'clock p. m. every day except non-judicial days, and the officers thereof 
 shall give to all persons requesting it all needed information which they may possess. 
 
 Powers of lahor commissioner and deputies. Seal. Access to places of labor. 
 
 $ 7. The commissioner and his representatives duly authorized by him in writing shall 
 have the power and authority, when in his judgment he deems it necessary, to take assign- 
 ments of wage claims and iDrosecute actions for the collection of wages and other demands 
 of persons who are financially unable to employ counsel in cases in which, in the judgment 
 of the commissioner, the claims for wages are valid and enforceable in the courts; to issue 
 subpoenas, to compel the attendance of witnesses or parties and the production of books, 
 papers or records, and to administer oaths and to examine witnesses under oath, and to 
 take the verification or proofs of instruments of writing, and to take depositions and 
 affidavits for the purpose of carrying out the provisions of this act and all other acts 
 now or hereafter placed in the bureau for enforcement. The commissioner shall have a 
 seal inscribed "Bureau of Labor Statistics — State of California" and all courts shall 
 take judicial notice of such seal. Obedience to subpoenas issued by the commissioner 
 or his duly authorized representatives shall be enforced by the courts in any county or 
 city and county. The commissioner and his representatives shall have free access to all 
 places and works of labor, and any principal, owner, operator, manager, or lessee of 
 any mine, factory, workshop, manufacturing or mercantile establishment, or any agent 
 or employee of such principal, owner, operator, manager or lessee who shall refuse to 
 said commissioner, or his duly authorized representative, admission therein, or who 
 shall, when requested by him, wilfully neglect or refuse to furnish to him any statistics 
 or information, pertaining to his lawful duties, which may be in his possession or under 
 the control of said principal, owner, operator, lessee, manager or agent thereof, shall be
 
 Act 2401, §§8-12 GENKRAL LAWS. 1308 
 
 punished by a fine of not more than two hundred dollars, [Amendment of May 7, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 330.] 
 
 This section was also amended February 8, 1880, Stats. 1889, p. 6; May 29, 1915, Stats. 
 1915, p. 925. 
 
 Information to be confidential. Violation of confidence and penalty. • 
 
 $ 8. No use shall be made in the reports of the bureau of the names of individuals, 
 firms, or corporations supplying the information called for by this act, such information 
 being deemed confidential, and not for the purpose of disclosing any person's affairs; 
 and any agent or employee of said bureau violating this provision shall be deemed guilty 
 of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed 
 five hundred dollars or by imprisonment in the county jail not to exceed six months. 
 [New section added February 8, 1889. Stats. 1889, p. 6.] 
 
 The original section was amended and changed to § 9 in 1889, Stats. 1889, p. 7. 
 
 Assistants of labor commissioner. Offices. 
 
 § 9. The commissioner shall appoint two deputies who shall have the same power 
 as said commissioner; an assistant deputy who shall reside in the county of Los An- 
 geles; a statistician and chief examiner; a stenographer; and such agents or assist- 
 ants as he may from time to time require, at such rate of wages as he may prescribe, 
 and actual traveling expenses for each person while employed. He shall procure rooms 
 necessars^ for offices in San Francisco, Los Angeles, Sacramento, San Diego, and in such 
 other places as he may deem necessary, at a rent not to exceed the sum of four hundred 
 dollars per month. [Amendment of May 10, 1917. In effect July 27, 1917. Stats. 
 1917, p. 328.] 
 
 This was originally § 8. It was changed to § 9 February 8, 1889, Stats. 1889, p. 7, and 
 amended by the same act, and again amended March 15, 1907, Stats. 1907, p. 306; Febru- 
 ary 20, 1909, Stats. 1909, p. 36; April 28, 1911, Stats. 1911, p. 1205; May 29, 1915, Stats. 1915. 
 p. 928. 
 
 Salaries. Traveling expenses. 
 
 § 10. The salai*3' of the commissioner shall be four thousand dollars per annum; the 
 
 salary of each deputy commissioner shall be two thousand four hundred dollars per 
 
 annum ; the salary of the assistant deputy shall be two thousand one hundred dollars per 
 
 annum; the salary of the statistician and chief examiner shall be two thousand seven 
 
 hundred dollars per annum; the salary of the stenographer shall be one thousand two 
 
 liundred dollars per annum; to be audited by the controller and paid by the state 
 
 treasurer in the same manner as other state officers. There shall also be allowed a 
 
 sum not to exceed forty thousand dollars per annum for salaries of agents or assistants, 
 
 for traveling expenses, and for other contingent expenses of the bureau. [Amendment 
 
 of May 10, 1917. In effect July 27, 1917. Stats. 1917, p. 328.] 
 
 This was originally § 9. It was changed to § 10 February 8, 1889, Stats. 1889, p. 7, and 
 amended by the same act, and again amended March 15, 1907, Stats. 1907, p. 307; Febru- 
 ary 20, 1909, Stats. 1909, p. 36; April 28, 1911, Stats. 1911, p. 1205; May 29, 1915, Stats. 1915, 
 p. 928. 
 
 Time of taking effect of act. 
 
 ^11. This act shall take effect and be in force from and after its passage. 
 
 Labor commissioner may condemn scaffoldings, etc., upon complaint. Certificate. 
 Procedure. 
 
 ^ 12. Whenever complaint is made to the commissioner that the scaffolding or the 
 slings, hangers, blocks, pulleys, stays, braces, ladders, irons, or ropes of any swinging 
 or stationary scaffolding used in the construction, alteration, repairing, painting, clean- 
 ing or painting of building are unsafe or liable to prove dangerous to the life or limb 
 of any person, such commissioner shall immediately cause an inspection to be made of
 
 1309 LABOR BUREAU. Act 2402, §§ 1-4 
 
 such scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, iron, or 
 other parts connected therewith. If after examination such scaffolding or any of such 
 parts is found to be dangerous to life or limb, the commissioner shall prohibit the use 
 thereof, and require the same to be altered and reconstructed so as to avoid such 
 danger. The commissioner, deputy commissioner, or agent or assistant making the 
 examination shall attach a certificate to the scaffolding or the slings, hangers, irons, 
 ropes or other parts thereof, examined by him, stating that he has made such examina- 
 tion and that he found it safe or unsafe as the case may be. If he declares it unsafe, 
 he shall at once in writing notify the person responsible for its erection of the fact 
 and warn him against the use thereof. Such notice may be served personally upon the 
 person responsible for its erection or by conspicuously affixing it to the scaffolding or 
 the part thereof declared to be unsafe. After such notice has been so served or 
 affixed the person responsible therefor shall immediately remove such scaffolding or 
 part thereof and alter or strengthen it in such manner as to render it safe, in the 
 discretion of the officer who has examined it or of his superiors. The commissioner, 
 his deputy and any duly authorized representative whose duty it is to examine or test 
 any scaffolding or part thereof as required by this section, shall have free access, at 
 all reasonable hours, to any building or premises containing them or where they may 
 be in use. All swinging and stationary scaffolding shall be so constructed as to bear 
 four times the maximum weight required to be dependent therefrom and placed thereon, 
 when in use, and not more than four men shall be allowed on any swinging scaffolding at 
 one time. [New section added February 20, 1901. Stats. 1901, p. 12.] 
 
 The amending acts of 1915 and 1917, contained the following section: 
 $ 3. All the provisions of said act in conflict with the provisions of this act are 
 hereby repealed. 
 
 BUREAU OF LABOR STATISTICS— ATTORNEY. 
 ACT 2402 — An act to create the office of attorney for the state bureau of labor statistics. 
 History: Approved June 4, 1913. In effect August 10, 1913. Stats. 
 1913, p. 382. 
 
 Attorney for state bureau of labor statistics. 
 
 § 1. The office of attorney for the state bureau of labor statistics is hereby created. 
 Said attorney shall be appointed by the commissioner of the bureau of labor statistics. 
 
 Duties. 
 
 § 2. It shall be the duty of such attorney to act for and represent the state bureau 
 of labor statistics and the commissioner thereof in all legal matters which may require 
 the attention of such state bureau of labor statistics and the commissioner thereof, and 
 to specially represent and act for and in co-operation thereof, when required, in the 
 prevention of all acts and things which, in the judgment of the state bureau of labor 
 statistics or the commissioner thereof, as will best subserve and carry out the pro- 
 visions of an act entitled, * * An act to establish and support a bureau of labor statistics, ' ' 
 approved March 3, 1883 ; and also, all other acts which have been or may be hereafter 
 designated by the legislature to be enforced by said state bureau of labor statistics 
 or the commissioner thereof, and in all other matters pertaining to the welfare of 
 minors and labor generally and to assist and aid the said bureau and the commissioner 
 thereof with his advice, and to represent and act for the same in court. 
 
 Salary. 
 
 $ 3. The salary of such attorney shall be twenty-four hundred dollars per annum 
 and shall be paid out of the state treasui-y, upon warrants drawn by the controller, in 
 the same manner as the salaries of other state officers are paid. 
 
 § 4. All acts and parts of acts in conflict with this act are hereby repealed.
 
 Aef« 2403-2413. 81 GENERAL LAWS. 1400 
 
 ENFORCEMENT OF LABOR LAWS. 
 ACT 2403 — An act to provide for the enforcement of labor laws of the state of Califor- 
 nia by the commissioner of the bureau of labor statistics. 
 
 History: Approved May 24, 1915. In effect August 8, 1915. Stats. 
 1915, p. 814. 
 
 Commissioner of bureau of labor statistics to enforce labor laws. 
 
 ^ 1. The oomniissioncr of the bureau of labor statistics shall have authority and 
 power to enforce any and all labor laws of the state of California, the enforcement of 
 which is not specifically vested in any other officer, board or commission, and the depu- 
 ties and agents of the said labor commissioner shall have the power and authority of 
 sheriffs and other peace officers to make arrests, and to serve any process or notice 
 throughout the state in the enforcement of such labor laws, pursuant to the instructions 
 of said commissioner. 
 
 PROTECTION OF WAGES OF LABOR ACT OF 1868. 
 ACT 2404 — An act to protect the wages of labor. 
 
 History: Approved March 21, 1868, Stats. 1867-68, p. 213. Amended 
 March 2, 1872, Stats. 1871-72, p. 205. 
 
 CHAPTER 184. 
 
 LABOR UNIONS. 
 
 References: Labor union, unlawful use of trade mark, see Kerr's Cyc. Penal Code, 
 §349b. 
 Labor union, coercing persons not to join, see Kerr's Cyc. Penal Code, § 679. 
 Union labor, misrepresentation as to employment, see Kerr's Cyc. Penal Code, 
 
 §§ 349a, 349c. 
 See, generally, tits. "Hours of Labor"; "Labor Bureau"; "Master and Servant." 
 
 CONTENTS OF CHAPTER. 
 ACT 2412. Unlawful. Wearing of Button. 
 2418. Unlawful Use of Card. 
 
 Lien for wnsres payable weekly or introduced to carry out the proposal of 
 
 monthly. — -See tit. "Corporation.s," Act 1037. section 4505, Political Code, but it was 
 
 1. Wages of laborer.s — Preferred claim. amended at the same session, and it is 
 
 — This act made wages of laborers, me- doubtful as to the intention of the legisla- 
 
 chanics, etc., a preferred claim in cases of ture with respect to it. It was probably 
 
 insolvent estates, and estates of deceased superseded, in effect, by the code. — See 
 
 persons. It was included in the general re- Kerr's Cyc. Code Civ. Proc, §§ 1204, et seq. 
 peal bill (S. bill No. 519, session 1871-72), 
 
 UNLAWFUL AVEARING OF BUTTON. 
 ACT 2412 — An act to prevent persons from unlawfully wearing the button of any labor 
 union of this state. 
 
 History: Approved March 20, 1909, Stats. 1909, p. 546. 
 
 Labor unions, protection of button. 
 
 $ 1. Any person who shall willfully wear the button of any labor union of this state, 
 unless entitled to wear said button under the rules of such union, shall be guilty of a 
 misdemeanor, and, upon conviction, shall be punished by imprisonment for a term not 
 to exceed twenty days in the county jail or by a fine not to exceed twenty dollars, or by 
 both such tine and imprisonment. 
 
 UNLAWFUL USE OF CARD. 
 ACT 2413 — An act to prevent persons from unlawfully using a union card. 
 History: Approved March 22, 1909, Stats. 1909, p. 668. 
 
 Union card, unlawful use of. 
 
 § 1, Any person, who shall willfully use the card of any labor union to obtain aid, 
 assistance or employment thereby within this state, unless entitled to use said card
 
 J^«l LAKE BILGISR. Acts 2417-2428 
 
 under the rules and regulations of a labor union within this state, shall be guilty of a 
 misdemeanor. 
 
 Conflicting acts repealed. 
 
 $ 2. All acts, and parts of acts, in conflict with the provisions of this act, are hereby 
 repealed. 
 
 CHAPTER 185. 
 
 LAKE BIGLER. 
 Reference: Fishing In, see tit. "Game Laws," Act 1724. 
 
 CONTENTS OF CHAPTER. 
 ACT 2417. Legalizing Name. 
 
 LEGALIZING NATifE. 
 ACT 2417 — An act to legalize the name of Lake Bigler. 
 
 History: Approved February 10, 1870, Stats. 1869-70, p. 64. 
 
 CHAPTER 186. 
 
 LAKE COUNTY. 
 
 References: Boundaries, see Kerr's Cyc. Political Code, § 3925. 
 
 County government, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2422. Issue of Bonds to Pay Judgment. 
 
 2424. Transfer and Loan of Swamp Land Funds. 
 2428. Restrict Herding of Sheep and Goats. 
 
 ISSUE OF BONDS TO PAY JUDGMENT. 
 
 ACT 2422 — An act to authorize the board of supervisors of Lake County to issue hondx 
 
 of said county to pay a judgment recovered against said county in the Sixth Judicial 
 
 District Court, in and for Yolo County, in the state of California, on May sixth, A. D. 
 
 one thousand eight hundred and seventy -five. 
 
 History: Approved March 11, 1876, Stats. 1875-76, p. 209. Amended 
 March 23, 1876, Stats. 1875-76, p. 405. 
 
 These bonds were authorized to pay a judgment of the Clear Lake Water Works Com- 
 pany against the county. 
 
 TRANSFER AND LOAN OF SWAMP LAND FUNDS. 
 
 ACT 2424 — An act to authorize the transfer and loan of certain funds in Lake county. 
 
 History: Approved March 13, 1874, Stats. 1873-74, p. 349. 
 
 This act authorized the transfer of moneys from the Swamp Land Fund to the General 
 Road Fund. 
 
 RESTRICT HERDING OF SHEEP AND GOATS. 
 
 ACT 2428 — An act to prevent sheep and goats from being herded or from running at 
 
 large in parts of. [Stats. 1877-78, p. 685.] 
 
 History: Approved March 29, 1878, Stats. 1877-78, p. 685. Prior 
 act March 18, 1874, Stats. 1873-74, p. 434. Amended March 16, 1876, 
 Stats. 1875-76, p. 312, restricting the herding of sheep, covered a part, 
 at least, of the same territory, and so far as the territory was the 
 same, was superseded by the present act. 
 
 The code commi.ssioner is of the opinion that this act was superseded by the gpeneral 
 estray law of 1897; but see editor's note to chapter on "Estrays."
 
 Ait> 243i-.i444 
 
 GENERAL LAWS. 
 
 t4M 
 
 CHAPTER 187. 
 LAKE EARL. 
 
 Reference: Seo tit. "Drainage Districts." 
 
 CONTENTS OF CHAPTER. 
 ACT 2434. Permanently Dbainino. 
 
 PFRMANENTLY DRAINING LAKE EARL. 
 ACT 2434— An act to provide for permanently draining Lake Earl in Del Norte county, 
 and makinij an appropriation therefor. 
 
 History: Approved March 11, 1907, Stats. 1907, p. 207. 
 
 CHAPTER 188. 
 
 LAKEPORT. 
 
 Reference: Incorporation, see Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 2439. Hogs Running at Large. 
 
 HOGS RUNNING AT LARGE. 
 
 ACT 2439 — An act to prevent hogs from running at large in the towns of Lakeport and 
 
 Lower Lake, in Lake county. 
 
 History: Approved March 23, 1878, Stats. 1877-78, p. 435. 
 
 The code conimlnMloner is of the opinion that this act was repealed by the general 
 esiray law of 18'J7; but see editor's note on chapter on "Estrays." 
 
 CHAPTER 189. 
 
 LAKES. 
 References: See, generally, tits. "Drainage Districts"; "Lake Earl"; "Lake Tahoe." 
 
 CONTENTS OF CHAPTER. 
 ACT 2444. Lowering Certain Lake Levels by United States Government. 
 
 LOWERING CERTAIN LAKE LEVELS BY UNITED STATES GOVERNMENT. 
 ACT 2444 — An act authorizing the United States government to lower the water levels 
 of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett 
 Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to 
 use any part or all of the beds of said lakes for the storage of water in connection 
 with the irrigation and reclamation operations conducted by the Reclamation Service 
 of the United States; also ceding to the United States all right, title, interest or claim 
 of the state of California to any lands uncovered by the lowering of the water levels 
 of any or all of said lakes not already disposed of by the state. 
 
 History: Approved February 3, 1905, Stats. 1905, p. 4. 
 
 LAKE TAHOE. 
 
 See tits. "Highways"; "Lakes." ' 
 
 LA MESA. 
 See Act 3094, note.
 
 1403 
 
 LARCENY. 
 
 Acts 2465, 24U6, g 1 
 
 CHAPTER 190. 
 
 LARCENY. 
 
 References: Animals, see Kerr's Cyc. Political Code, § 487. 
 
 Definition and degrees, see Kerr's Cyc. Penal Code, §§ 484, 486. 
 
 Dogs, see Kerr's Cyc. Penal Code, § 491. 
 
 Gas, Kerr's Cyc. Penal Code, § 498. 
 
 Fire, goods saved from, in San Francisco, see Kerr's Cyc. Penal Code, § 500. 
 
 Fixtures, severing from realty, see Kerr's Cyc. Penal Code, § 495. 
 
 Mortgaged property, see Kerr's Cyc. Penal Code, § 538. 
 
 Official records, see Kerr's Cyc. Penal Code, §§ 113, 114. 
 
 Vehicle, see Kerr's Cyc. Penal Code, § 499b. 
 
 Water, see Kerr's Cyc. Penal Code, § 499. 
 
 CONTENTS OF CHAPTER. 
 ACT 2465. Conversion of Fixtures. 
 
 2466. Gold-dust, Amalgam, Quicksilveb. 
 
 CONVERSION OF FIXTURES. 
 ACT 2465 — An act to more fully define the crime of larceny. 
 
 History; 
 2466. 
 
 Approved March 6, 1872, Stats. 1871-72, p. 282. See Act 
 
 Grand larceny. 
 
 § 1. Every person who shall convert any manner of real estate of the value of fifty 
 dollars and upwards into personal property, by severing the same from the realty of 
 another, with felonious intent to and shall so steal, take, and carry away the same, 
 shall be deemed guilty of grand larceny, and upon conviction thereof shall be punish- 
 able by imprisonment in the state prison for any term not less than one year nor more 
 than fourteen years. 
 
 Petit larceny. 
 
 $ 2. Every person who shall convert any manner of real estate of the value of under 
 fifty dollars into personal property, by severing the same from the realty of another, 
 with felonious intent to and shall so steal, take, and carry away the same, shall be 
 deemed guilty of petit larceny, and upon conviction thereof shall be punishable by 
 imprisonment in the county jail for a period not more than one year, or by fine not 
 exceeding one thousand dollars, or by both such fine and imprisonment. 
 
 Editor's note: This act penalized as grand 
 larceny the act of removing fixtures from 
 realty and converting the same into per- 
 sonalty, with intent to steal the same. The 
 Penal Code made the same act larceny, but 
 brought the degree of the crime within the 
 rules of that code as to the determination 
 of such degree. See Kerr's Cyc. Penal Code, 
 § 495. As to whether the act was super- 
 seded by the code, neither the code com- 
 mission nor the supreme court have ex» 
 pressed an opinion, but the supreme court 
 
 has referred to it as an act supplementary 
 to the "crimes and punishments act" of 
 1850, as Act 2466 is declared to be by the 
 legislature, and the court has decided that 
 the latter act, passed by the same legisla- 
 ture, is in force unaffected by the codes. 
 
 1. Alleg-ation that ore taken Tvas severed 
 from the ground. — It is not necessary that 
 the information should allege that the ore 
 taken had been severed from the ground. — 
 People V. Opie, 123 Cal. 294, 55 Pac. 983, 55 
 Pac. 989. 
 
 GOLD-DUST, AMALGAM, QUICKSILVER. 
 ACT 2466 — An act supplementary to an act entitled "An act concerning crimes and 
 punishments, ' ' passed April sixteenth, eighteen hundred and fifty. 
 
 History: Approved March 20, 1872, Stats. 1871-72, p. 435. 
 Grand larceny. 
 
 ^ 1. Every person who shall feloniously steal, take, and carry away, or attempt to 
 take, steal, and carrj' from any mining claim, tunnel, sluice, undercurrent, riffle-box, or 
 sulphurate [sulphuret-] machine any gold-dust, amalgam, or quicksilver, the property
 
 Act 24S3, §g 1-4 GENERAL LAWS. 1404 
 
 of another, shall be deemed guilty of grand larceny, and upon conviction thereof shall 
 be punished by imprisonment in the state prison for any term of not less than one year 
 nor more than fourteen years. 
 
 Act takes effect when. 
 
 ^ 2. This act shall be in force from and after its passage. 
 
 The net makes the stealing: of gold ore 1. Act construed. — The act must be con- 
 
 grand larceny, whether severed from the strued as having been passed subsequent 
 earth, or not, by the party charged. — People to the adoption of the Penal Code, and as 
 V. Opie, 123 Cal. 294, 11 Pac. 801. in force. — People v. Salvator, 71 Cal. 16, 11 
 
 Pac. 301, 11 Pac. 801. 
 
 LARKSPUR. 
 
 See Act 3094, note. 
 
 LASSEN COUNTY. 
 See Kerr's Cyc. Political Code. 
 
 LA VERNE. 
 
 See Act 3094, note. 
 
 LAW LIBRARIES. 
 See tit. "Libraries." 
 
 CHAPTER 19L 
 LEASES. 
 
 CONTENTS OF CHAPTER. 
 ACT 2483. Certain Leases Confirmed and Eatified. 
 
 CERTAIN LEASES RATIFIED AND CONFIRMED. 
 ACT 2483 — An act concerning confirming and ratifying leases and other contracts made 
 by any officer or boards of officers of this state. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 601. 
 
 Ratification of leases made by state officers, etc. 
 
 $ 1. All leases for terminal facilities made or executed by any state officer or board 
 of state officers to any person, persons or corporation within two years prior to the 
 passage of this act and which shall be on file in the office of the secretary of state on 
 or before February fifteenth, nineteen hundred and one, are hereby recognized, approved 
 and ratified, and the terms, covenants and conditions thereof shall bind the parties 
 thereto, their successors and assigns and the state of California. 
 
 China basin lease ratified. 
 
 ^ 2. The lease of the lands known as China basin in the city and county of San 
 Fi'aneisco to the San Francisco and San Joaquin Valley Railway Company for terminal 
 facilities, made on November twenty-first, nineteen hundred, by and betAveen said com- 
 pany and the board of state harbor commissioners, is hereby approved and ratified, and 
 the covenants, conditions and terms thereof shall bind the parties thereto, their suc- 
 cessors and assigns, and the state of California. 
 
 Repeal of conflicting acts. 
 
 § 3. All acts and parts of acts in conflict herewith are hereby repealed. 
 $ 4. This act shall take effect immediately. 
 
 1. ConRtitntionnlity— Act applicable to of tidelands made by a certain class of 
 all tcM.se.s of tideland. — This act being- gen- municipalities, is not invalid as special 
 eral in its terms, applicable to all leases legislation. — San Pedro, etc., Co. v. Hamil- 
 
 i
 
 1405 LEGAL TENDER. Acts 34S8, 3494, § 1 
 
 ton, 161 Cal. 610, 87 L. R. A. (N. S.) 686, 3. Words and phrases — A "lease" not a 
 119 Pac. 1073. "grrant." — The word "grant" in section 3, 
 2. Constitutionality — Leasing of re- article XV, of the constitution, is to be 
 claimed tidelands. — Section 3 of article XV taken in its ordinary and generally ac- 
 of the constitution, does not forbid the cepted sense, particularly where it is used 
 legislature to lease reclaimed tidelands in connection with the word "sale," as 
 within two miles of an incorporated town there, and so interpreted, it does not in- 
 or city, nor to ratify a lease already made elude a lease. — San Pedro, etc., Co. v. Ham- 
 by a state officer or board, as was done by ilton, 161 Cal. 610, 37 L. R. A. (N. S.) 686, 
 this act. — San Pedro, etc., Co. v. Hamilton, 119 Pac. 1073. 
 161 Cal. 610, J7 L. R. A. (N. S.) 686. 119 
 Pac. 1078. 
 
 CHAPTER 192. 
 LEGAL TENDER. 
 
 CONTENTS OF CHAPTER. 
 ACT 2488. Legal Tender Notes Receivable at Par for Taxes. 
 
 LEGAL TENDER NOTES RECEIVABLE AT PAR FOR TAXES. 
 ACT 2488 — An act in relation to the currency of the United States. 
 
 History: Approved March 12, 1880, Stats. 1880, p. 8. [Ban. ed. 
 p. 28.] 
 
 Legal-tender notes to be received at par. 
 
 $ 1. All legal-tender notes heretofore issued, or which may hereafter be issued, by 
 the government of the United States of America, as legal-tender notes, shall be received 
 at par in payment for all taxes due or to become due to this state, or to any county or 
 municipal corporation thereof, and such notes shall be a legal tender for all debts, dues, 
 and demands between citizens of this state. 
 
 Bepeal of conflicting acts. 
 
 $ 2. All acts, and the provisions of any act or parts of acts, conflicting with this act 
 are hereby repealed. 
 
 § 3. This act shall take effect and be in force from and after its passage. 
 
 As to what money constitutes a legal ten- may be paid in any kind of money, notwith- 
 
 der, see Kerr's Cyc. Civil Code, § 1478 and standing the board of supervisors provided 
 
 note. that the assessment should be payable in 
 
 1. Lien may be paid in any kind ot gold coin. — Perine, etc., Co. v. Quackenbush, 
 
 money. — The lien of a street assessment 104 Cal. 684, 38 Pac. 633. 
 
 CHAPTER 193. 
 LEGISLATION. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2494. Legislative Counsel Bureau. 
 
 2495. Investigation of Highway Legislation. 
 
 LEGISLATIVE COUNSEL BUREAU. 
 ACT 2494 — An act to establish a legislative counsel bureau and making aa appropria- 
 tion therefor. 
 
 History: Approved May 26, 1913. In effect August 10, 1913, Stats. 
 1913, p. 626. Amended April 10, 1915. In effect August 8, 1915. Stats. 
 1915, p. 49. May 31, 1917. In effect July 30, 1917. Stats. 1917, p. 1398. 
 
 Legislative counsel bureau created. 
 
 § 1. A bureau is hereby created to be known as the legislative counsel bureau, which 
 shall be in charge of a chief, who shall be a civil executive officer and who shall be
 
 Act 2404, §2,3 GEIVERAL LAWS. »400 
 
 known as the legislative counsel of California and who shall be appointed by the gov- 
 ernor and who shall hold during the pleasure of the governor. The legislative counsel 
 shall be chosen without reference to party affiliations and solely on the ground of fitness 
 to perform the duties of his ofiflce. [Amendment of May 31, 1917. In effect July 30, 
 1917. Stats. 1917, p. 1398.] 
 Duty of legislative counsel. 
 
 ^ 2. It shall be the duty of the legislative counsel to prepare and assist in the prep- 
 aration, amendment and consideration of legislative bills when requested or upon sug- 
 gestion as herein provided. Upon request he shall advise any state officer, commis- 
 sioner or bureau as to the preparation of bills to be submitted to the legislature; and 
 when requested so to do, he shall advise as to their work with any legislative committee 
 ai>pointed to carry on investigations between sessions of the legislature. He shall advise 
 the legislature from time to time as to needed revision of the statutes. He shall pre- 
 sent to each session of the legislature a statement calling attention to laws which have 
 been repealed by implication or which have been declared unconstitutional by the courts 
 l)ut which have not been expressly repealed. It shall also be the duty of the legis- 
 lative counsel, whenever in his judgment there is reasonable probability that an initia- 
 tive measure will be submitted to the voters of the state of California under the laws 
 of the state relating to the submission of measures by initiative, to co-operate with the 
 [)roponents of said measure in the preparation of said law when requested in writing so 
 to do by twenty-five or more electors proposing such a measure. [Amendment of May 
 M, 1917. In effect July 30, 1917. Stats. 1917, p. 1398.] 
 
 This section was also amended April 10, 1915, Stats. 1915, p. 49. 
 
 Preparation of legislative biUs. 
 
 § 3. The legislative counsel shall prepare or assist in the preparation or amendment 
 of legislative bills at the suggestion, in writing and as herein set forth, of the governor 
 of the state, or of any judge of the supreme court or of the district courts of appeal or 
 of the superior courts of the state, or of any committee of the senate or assembly of the 
 legislature of the state. All such suggestions shall set forth the substance of the pro- 
 visions desired or which maj' be needed with the reasons therefor. Such suggestion by 
 a judge of the supreme court shall be filed with the clerk of that court. Such suggestion 
 by a judge of a district court of appeal shall be filed with the clerk of that court. Such 
 suggestion by a judge of a superior court shall be filed with the clerk of the district 
 I'ourt of appeal of the district within which such superior court is located. When such 
 suggestion is so filed with the clerk of the supreme court or of a district court of appeal, 
 that clerk shall make and send to the permanent office of said bureau a certified copy 
 of such suggestion, and all other suggestions shall be filed at said office, and all such 
 l)apers so received at such office shall be there permanently filed and recorded and copies 
 furnished to the legislative counsel. The legislative counsel shall prepare a bill in 
 accordance with such suggestion and shall transmit it to the chairman of the judiciary 
 committee of each house at the next succeeding session of the legislature. 
 
 Not to urge legislation. 
 
 From the time the legislature of the state convenes until it is adjourned finally, the 
 legislative counsel shall give such consideration to and service concerning any bill before 
 the legislature, as circumstances will permit, and which is in any way requested by the 
 governor of the state or the senate or the assembly or any committee of the legislature 
 having such bills before it for consideration, and after such adjournment the legislative 
 counsel shall still remain so subject to such request by the governor of the state as to 
 any bill still in his hands for rejection or approval or other action. Neither the legis- 
 lative counsel nor any employee of the bureau shall oppose or urge legislation, but the 
 bureau shall, upon request, and so far as may be in its power, aid and assist any mem- 
 
 Al
 
 I 
 
 1407 LEGISLATION. Act 2494. §§ 4-9 
 
 ber of the legislature as to bills, resolutions and measures, drafting the same into proper 
 form and furnishing to them the fullest information upon all matters in the scope of the 
 bureau. Neither the legislative counsel nor any other employee of the bureau shall 
 reveal to any person outside thereof the contents or nature of any matter which has 
 not become a public record, except with the consent of the person bringing such matter 
 before the bureau. [Amendment of May 31, 1917. In effect July 30, 1917. Stats. 1917, 
 p. 1399.] 
 
 Office in capitol. Temporary office. 
 
 5 4. The legislative counsel shall be in attendance upon all sessions of the legislature 
 and his permanent office shall be in the state capitol in Sacramento, where he shall be 
 provided with suitable and sufficient offices convenient to the chambers of the two houses 
 of the legislature. For the convenience of members of the legislature, however, and 
 when in his judgment the conduct of his work requires, he may maintain temporary' 
 offices at other places in the state of California. [Amendment of May 31, 1917. In 
 effect July 30, 1917. Stats. 1917, p. 1400.] 
 
 Salaries. 
 
 § 5. The salary of the legislative counsel shall be four thousand dollars per annum 
 and shall be payable in equal monthly installments. The legislative counsel shall have 
 authority to employ and to fix the compensation of such professional assistants and 
 such clerical and other employees as he may deem to be necessary for the effective con- 
 duct of the work under his charge. The salary of the legislative counsel and of every 
 other employee of the bureau shall be paid in the same way as the salaries of other 
 state officers are paid. The legislative counsel shall be repaid all actual expenses in- 
 curred or paid by him in carrying out the provisions of this act. [Amendment of May 
 31, 1917. In effect July 30, 1917. Stats. 1917, p. 1400.] 
 
 Material available to bureau. 
 
 $ 6. The material (including books and other publications) of the state library shall 
 be made available to said bureau, and all the officers of the state, the University of 
 California, and all departments, commissions and bureaus and other official state organ- 
 izations, and all persons connected therewith, shall give the legislative counsel ready 
 access to their records and full information and reasonable assistance in any matters 
 of research requiring recourse to them or to data within their knowledge or control. 
 The bureau may co-operate with any of the educational institutions of the state in any 
 manner approved by the legislative counsel and such institutions. [Amendment of 
 May 31, 1917. In effect July 30, 1917. Stats. 1917, p. 1400.] 
 
 Books, records, etc. 
 
 § 7. All books, papers, records and correspondence of said bureau pertaining to its 
 work, except copies furnished to or retained by the chief of what is filed at the perma- 
 nent office of said bureau, and except memoranda made by him, shall be public records 
 and shall be filed with and recorded and kept at the permanent office of said bureau, 
 except as herein otherwise provided. 
 
 Papers kept confidential. 
 
 ^ 8. Any and all persons receiving service from said bureau, as herein provided, may 
 by request in writing filed with the bureau have all their personal papers and corre- 
 spondence temporarily kept private and confidential, but said papers and correspondence 
 shall become public records whenever the said board or the legislature shall so order 
 or said written request is withdrawn. 
 
 Unexpended balance available. 
 
 ^ 9, The unexpended balance of the moneys heretofore appropriated for the scp- 
 port and salaries of the legislative counsel bureau by an act entitled "An act making
 
 Act 24»5, § 1 GENERAL LAWS. 1408 
 
 appropriations for the support of the government of the state of California for the 
 sixty-seventh and sixty-eighth fiscal years," approved May 19, 1915, is hereby made 
 available to carry out the provisions of this act. [Amendment of May 31, 1917. In 
 effect July 30, 1917. Stats. 1917, p. 1401.] 
 
 INVESTIGATION OF HIGHWAY LEGISLATION. 
 ACT 2495 — An act providing for an investigation by the legislative counsel of laws 
 relating to roads, streets, highways and bridges, and for the submission of a report 
 thereon to the governor for presentation to the legislature. 
 
 History: Approved March 25, 1919. In effect July 22, 1919. Stats. 
 1919, p. 18. 
 
 Report on road laws by legislative counsel 
 
 § 1. The legislative counsel is hereby directed to investigate and study the existing 
 hiws of this and other states relating to roads, streets, highways and bridges, and to 
 prepare a report, accompanied by a draft of an act or acts, codifying and perfecting 
 the laws of this state relating thereto. Such report shall be printed by the superin- 
 tendent of state printing and shall be submitted to the governor on or before the first 
 day of November in the year 1920, and shall be presented by him to the legislature at 
 the opening of its forty-fourth session. 
 
 LEGISLATURE. 
 
 See Kerr's Cyc. Political Code, U 78, 90, and 225, et seq. 
 
 LELAND STANFORD JR. UNIVERSITY. 
 
 See "Stanford University." 
 
 LEMOORE. 
 
 See Act 3094, note. 
 
 LAND SETTLEMENT. 
 See tit. "State Land Settlement Board." 
 
 LAND TITLE LAW. 
 
 See tit. "Titles." 
 
 CHAPTER 194. 
 
 LEVEE DISTRICTS. 
 
 References: Reorganization of, see Kerr's Cyc. Political Code, § 3489. 
 
 See, generally, "Drainage Districts"; "Irrigation and Irrigation Districts"; "Pro- 
 tection Districts"; "Reclamation Districts"; "Storm Water Districts"; "Swamp 
 and Overflowed Lands." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2508. Levee District Act of 1905. 
 
 2509. Validation Act of 1915. 
 
 2510. Bear River District No. 1. 
 
 2511. "Levee District No. 1 op Sacramento County." 
 2511a. "Levee District Number One of Sutter County." 
 
 2511b. "Levee District Number One of Sutter County" — Funding Bonds. 
 2511c. "Levee District Number Two of Sutter County." 
 
 2512. "Levee District Number Two of Sutter County" — Supplementary Act. 
 2512a. "Levee District Number Two op Sutter County" — Funding Act. 
 
 2513. "Levee District Number Six of Sutter County." 
 
 2514. "Levee District Number Six of Sutter County" — Funding Act. 
 
 2515. Palo Verde Joint Levee District — Validation. 
 
 2516. Levee and Protection Districts — Refunding Act of 1897. 
 
 2517. Bond Act of 1911. 
 
 2518. Sacramento River West Side Levee District.
 
 I 
 
 140« LEVEE DISTRICTS. Act 2508, gg 1-4 
 
 LEVEE DISTRICT ACT OF 1905. 
 ACT 2508— An act to provide for the formation of levee districts In the various counties 
 of this state, and to provide for the erection of levees, dikes and other works for the 
 purpose of protecting the lands within such districts and overflow and to levy assess- 
 ments to erect and construct and maintain such levees, dikes and other works and to 
 pay the necessary costs and expenses of maintaining said districts. 
 
 History: Approved March 20, 1905, Stats. 1905, p. 327. Amended 
 March 16, 1907, Stats. 1907, p. 333; April 28, 1911, Stats. 1911, p. 1212; 
 May 22, 1917. In effect July 27, 1917. Stats. 1917, p. 824. Prior act 
 of March 10, 1891, Stats. 1891, p. 30, repealed March 9, 1893, Stats. 1893, 
 p. Ill, which put the subject of improving innavigable streams in the 
 manner specified in the hands of boards of supervisors. See Kerr's 
 Cyc. Political Code, § 4085, prior to its change of number to § 4042, by 
 Stats. 1907, p. 372, which section is substantially the same as § 52 of 
 the county government act of 1897. 
 
 5 1. An act to provide for the formation of levee districts in the various counties of 
 this state and to provide for the erection of levees, dikes and other works for the pur- 
 pose of protecting the lands within such districts from overflow and to levy assessments, 
 to erect and construct and maintain such levees, dikes and other works and to pay the 
 necessary costs and expenses of maintaining said districts, approved March 20, 1905, 
 is hereby amended so as to read as follows: 
 
 Petition to supervisors for formation of levee district. Resolution of intention. Puhli- 
 
 cation of notice. 
 
 $ 2. Whenever the board of supervisors of any county in this state shall receive a 
 petition signed by a majority of the land owners within any portion of said county, 
 accompanied by a deposit sufficient to cover the cost of publication of all notices re- 
 quired by sections 2 and 3 of this act, which said portion of said county shall be specifi- 
 cally described and set out bj^ metes and bounds in said petition, asking that said 
 portion of said count)' be set apart and erected into a levee district for the purpose 
 of protecting the lands embraced in said portion of said county from overflow from any 
 river, stream or streams, or watercourse, the board of supervisors shall pass a resolu- 
 tion signifying its intention to erect and set apart said portion of said county into a 
 levee district, for the purpose of protecting the lands therein from overflow and describ- 
 ing the exterior boundaries of the district of lands embraced therein, and to be assessed 
 to pay the damages, costs and expenses thereof. Such resolution shall also contain a 
 notice to be published, which said notice shall be headed, "Notice of intention of the 
 board of supervisors to form a levee district," and shall state the fact of the passage 
 of such resolution, with the date thereof, the boundaries of the district, and the state- 
 ment that it is proposed to assess all properties embraced within such proposed levee 
 district for the purpose of paying the damages, costs and expenses of erecting and 
 repairing dikes, levees and other improvements to protect the said lands from over- 
 flow, and the necessary expense of maintaining the said district and refer to the resolu- 
 tion for further particulars. Such notice to be given by the board of supervisors and 
 signed by its clerk. Petitions shall be heard in the order of filing. [Amendment 
 approved March 16, 1907, Stats. 1907, p. 333. In effect immediately.] 
 
 Term of publication. 
 
 § 3. Such notice shall be published for a period of thirty days, in a newspaper pub- 
 lished and circulated in said county and designated by said board of supervisors. 
 [Amendment approved March 16, 1907, Stats. 1907, p. 334.] 
 
 Objections to formation of district. Time for hearing. 
 
 § 4. Any person interested, objecting to the formation of such levee district or to the 
 extent of the district of lands to be affected or benefited by erection or repair of such 
 
 Gen. Laws — 89
 
 Act 250S, §8 5-7 GENERAL L,A"WS. 1410 
 
 dikes, levees or other improvements to protect the same from overflow, and to be 
 assessed to pay the costs and expenses thereof, may make written objections to the same 
 within ten days after the expiration of the time of the publication of said notice, which 
 objection shall be delivered to the clerk of said board of supervisors, who shall indorse 
 thereon the date of its reception by him, and at the next regular meeting of said board 
 of supervisors or at an adjourned meeting or a special meeting called for that purpose, 
 after the expiration of said ten days lay such objections before said board of super- 
 visors, said board shall then fix a time for hearing of said objections not less than 
 fifteen days thereafter and direct its clerk to notify each person objecting of such 
 day fixed for hearing, by depositing a notice thereof in the postoflQce at the county seat 
 of such county, postage prepaid addressed to such person objecting, which said notice 
 shall be deposited in the postoffice not less than ten days before the day set for hearing. 
 [Amendment approved March IG, 1907, Stats. 1907, p. 334.] 
 
 Hearing. 
 
 $ 5. At the time specified or to which the hearing may be adjourned, the board of 
 supervisors shall hear the objections urged and pass upon the same. Such board may, 
 in its discretion sustain, in whole or in part, any or all of the objections made and filed, 
 and must declare such levee district as petitioned for formed as a subdivision of such 
 
 county, and shall designate such district by name as the " Levee District of 
 
 County." [Amendment approved March 16, 1907. Stats. 1907, p. 334. In effect 
 immediately.] 
 
 Declaration of supervisors. 
 
 ^ G. If it shall appear to the satisfaction of the board of supervisors that it is the 
 desire of a majority of the owners of land in such proposed district that the same should 
 be erected into a levee district, and that it is just and proper, they may declare said 
 territory a levee district for the above purjDoses, and record the same in a book to be 
 kept for that purpose, giving the metes and bounds. [Amendment approved March 16, 
 1907, Stats. 1907, p. 334. In effect immediately.] 
 
 Notice of election of trustees. Who may vote. Conduct of election. 
 
 ^ 7. "Within ten days after the board of supervisors have declared the territory a 
 levee district and recorded the same as provided in section 5 of this act, the board of 
 supervisors must give notice of an election to be held in the said district, for the elec- 
 tion of three eligible persons, who shall be property owners in said district and, who 
 shall constitute when elected and qualified, the board of trustees of the district for the 
 management of the affairs thereof, and who shall hold ofiiee for two years next succeed- 
 ing their election, and until their successors are elected and qualified. The notice call- 
 ing such election shall not be less than one month, and at such election every qualified 
 t'lector in said district whose names shall appear on the last preceding assessment-roll 
 of tbp ''ountv and having been assessed on property within the" boundaries of said dis- 
 tnct, shall be entitled to vote, and a majority of votes cast at such election shall elect. 
 The board of supervisors must appoint a time and place for holding such election. The 
 notice of such election shall be given by publication for not less than one month, iti a 
 newspaper in the county where such district is situated. For the purpose of such elec- 
 tion the boftrd of supervisors of the count}' in which said district is situated must 
 appoint from the qualified electors and property owners of said district, one inspector — • 
 and two judges of election for such district ; but in case the board of supervisors fail to ll 
 appoint, or the persons appointed, fail to attend at the time and place appointed for 
 such election, the voters present at the time and place of opening the polls may appoint 
 the board or supply the place of the absent member thereof. Each member of the 
 board of election must before entering upon his duties, be sworn to faithful perform-
 
 1411 L.E3TEE DISTRICTS. Act 2508, 6 1 
 
 ance thereof by some officer authorized to administer oaths. The board of election must 
 canvass the votes east, and issue certificates of election to the persons elected, and 
 must place the ballots when canvassed in an envelope, and forward the same sealed to 
 the clerk of the board of supervisors. Any legally qualified voter may challenge any 
 vote, and the board of election shall determine, by the oath of the parties or otherwise, 
 as they may think proper, whether or not the person challenged is entitled to vote, and 
 in case of challenge, either one of the board of election is hereby authorized to admin- 
 ister oaths. The polls shall be open from 10 a, m. until 4 p. m. In case of vacancy in 
 the board of trustees, the board of supervisors shall by appointment fill such vacancy. 
 Similar elections shall be held every two years from and after the date of the first 
 election, and shall be called in the same way as the first election. [Amendment approved 
 March 16, 1907, Stats. 1907, p. 335. In effect immediately.] 
 
 Board of trustees must keep ofllce. Powers of trustees. Yearly estimate of costs. 
 
 Report to board of supervisors. 
 
 $ 8. The board of trustees must keep an office in or near the district for the trans- 
 action of the business thereof, and the books, maps, papers, records, contracts and other 
 documents pertaining to the affairs of the district must be open for inspection to any 
 person interested at all times. From and after the election and qualification of said 
 trustees said district shall be deemed organized and shall have power to sue or be sued. 
 The board of trustees shall have power to elect one of its members president thereof, to 
 employ engineers and others, to survey, plan, locate and estimate the cost of the works 
 and improvements necessary, in the way of erection or repair of levees, dikes and other 
 works for the benefit of said district; to thereafter and at any time in its discretion 
 modify or change said original plan or plans or to adopt any new supplemental or addi- 
 tional plan or plans, when in its judgment the same shall become necessary; to acquire 
 by purchase, condemnation or otherwise, rights of way, and the right to take material 
 for the construction of all works necessary for the accomplishment of the objects of the 
 district including drains, levees and embankments, and to construct, maintain and keep 
 in repair all works, requisite and necessary to that end; and to do all other acts and 
 things necessaiy or required for the protection of the lands in said district from the 
 overflow of any river, stream, streams or watercourse, and to employ the service of any 
 person legal or otherwise which in the judgment of said board of trustees may be nec- 
 essary to the welfare of the district. The said board of trustees shall each year esti- 
 mate the total cost for all purposes of erecting, constructing or repairing levees, dikes 
 or other works, and doing the necessary things for the protection of the lands and prop- 
 erty within said district from the overflow of any river, stream, streams or watercourse, 
 and maintain the same for one year, including all damages awarded to any person by 
 reason of the erection or construction of any of said levees, dikes or other works for 
 protection, and shall thereupon make a report of the foregoing matters to the board of 
 supervisors in which said district is situated, showing the amount of money required 
 bj^ said district for all purposes for one year thereafter. Said estimate of moneys nec- 
 essary for said district for each year, and said report shall be made to said board of 
 supervisors by said board of trustees on or before the first day of September of each 
 year after the formation of said district and said estimate made as aforesaid and report 
 to said board of supervisors by said board of trustees as hereinbefore set out, shall iu 
 each instance fonn the basis of the estimates of the board of supervisors for the amount 
 of money required to be raised by assessment on the lands and personal property withiii 
 such district for such year. [Amendment of May 22, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 825.] 
 
 This section was also amended March 16, 1907, Stats. 1907, p. 336.
 
 Act 250S. §§ 0-12 GENERAL LAWS. 1412 
 
 Duty of county assessor. 
 
 $ 9. The county assessor of such county shall, on or before the 1st day of September 
 of each year after the formation of such district, and at such other times as the board 
 of supervisors shall require, furnish said board of supervisors with a detailed statement 
 showing the names of all owners of land and personal property within the boundaries 
 of said district and the assessed valuation of said lands, improvements thereon, and 
 personal property, as shown on the last preceding assessment-roll, made by such asses- 
 sor on the property within said district. [Amendment approved March 16, 1907, Stats. 
 1907, p. 338. In effect immediately.] 
 
 Annual tax levy. 
 
 ^ 10. At the time when by law it is the duty of the board of supervisors of such 
 county to fix the annual tax rate of such county, the said board of supervisors taking 
 as a basis the last previous estimate and report of said board of trustees of said district 
 as hereinbefore specified, for the amount of money necessary to be raised in said district 
 for the purposes thereof for that year, and the valuation of the lands and improvements 
 thereon, and personal property within such district as furnished them by the county 
 assessor, must levy a tax upon all taxable property in such levee district suflBcient to 
 raise the amount set forth in said estimate and report as made by said board of trustees. 
 
 The rate of taxation shall be ascertained by deducting twenty per cent for antici- 
 pated delinquency from the aggregate value of all the property in said district as 
 shown by the statement prepared and furnished to said board of supervisors by the 
 assessor as hereinbefore provided, and then dividing the amount necessary to be raised 
 in said levee district by the remainder of such aggregate assessed value as shown in 
 said statement as furnished by said assessor. The taxes so levied shall be computed 
 and entered upon the assessment-roll of the county by the county auditor and collected 
 at the same time, and in the same manner as state and county taxes ; and when collected 
 shall be paid into the county treasury for the use of said levee district in which said 
 taxes were levied. And all taxes so levied as hereinbefore provided shall be a lien upon 
 the lands and propertj-^ in said district, in the manner, and with the same effect, and 
 collected in the same way, as are state and county taxes. [Amendment approved March 
 16, 1907. Stats. 1907, p. 336. In effect immediately.] 
 
 Disposition of moneys collected. Payment of claims. 
 
 § 11. All moneys collected from such district for such taxes, and all moneys received 
 from any source for the benefit of such district shall be by the county treasurer placed 
 
 in a fund, to be called the " Levee District Fund"; and all payments of any of 
 
 the expenses of the work or improvements or other expenses of such district shall be 
 made upon warrants drawn by the county auditor upon such fund, and paid by said 
 treasurer, and all claims as well for the land and improvements taken or damaged, a3 
 for the charges and expenses of said district, shall be paid on claims prepared in the 
 manner required by law for the preparation of claims against the county and first pre- 
 sented to the board of trustees of said district, and be by them approved, and then to 
 be presented and filed as are the claims against the county, and shall thereupon be paid 
 as are the claims against the county, and upon the order of the board of supervisors, 
 and the claims shall be itemized in the same manner as are the claims against the county. 
 [Amendment approved March 16, 1907. Stats. 1907, p. 337. In effect immediately.] 
 
 Construction must be by contract; exception. Sealed bids. Emergency work. Plans 
 
 and details. 
 
 S 12. No levees, dikes or other works for the benefit of said district must be con- 
 structed or repaired except on the order of the board of trustees of said district and 
 when such repair or construction will exceed the sum of $500 the same must be repaired
 
 1413 LEVEE DISTRICTS. Act 2508, §§ 13-15 
 
 or constructed under a contract, let, after reasonable notice given by the said board of 
 trustees by publishing said notice at least once a week for two weeks in a newspaper 
 published and circulated in said county and designated by said board of trustees. All 
 bids shall be sealed and shall be opened at the time specified in the notice, and the con- 
 tract awarded to the lowest responsible bidder. The board may however, reject any 
 and all bids. The contract and bond for its performance must be entered into and 
 approved by the board of trustees, except however in cases of great emergency, by the 
 unanimous consent of the whole board of trustees they may proceed at once to replace 
 or repair any and all levees, dikes or other works of whatever nature without notice. 
 Prior to the publication of the notice of the letting of any contract for the erection or 
 repair of dikes, levees or other works, the board of trustees must cause to be prepared 
 by a competent engineer, plans and specifications and working details of such work, 
 which said plans and specifications shall be adopted by the board of trustees and filed 
 in the oflBce of said board and shall be subject to inspection by any person for at least 
 two weeks prior to the date of the letting of such contract. The board of trustees 
 must appoint an engineer to supervise the construction, repair or other works to be 
 done under such plans and specifications and no claim shall be allowed for any work 
 done under any contract let under such plans and specifications without a certificate 
 being first filed in the office of the board of trustees and in the office of the clerk of the 
 board of supervisors of said county signed by said engineer, certifying that such work 
 has been completed and constructed according to the plans and specifications and the 
 terms of the contract. Such engineer shall be paid such compensation as may be 
 agreed upon by the board of trustees and such compensation shall be paid in the same 
 manner as are other claims against said district. [Amendment approved March 16 
 1907. Stats. 1907, p. 337. In effect immediately.] 
 
 When county may contribute to expenses. 
 
 $ 13. Whenever the board of supervisors of any county in which said district is 
 situated shall consider that the construction or repair of dikes, levees or other works 
 of said district along or upon any of the county roads of such county, will be for the 
 mutual benefit of such district and such county, then in that event the said board of 
 supervisors shall have power, and may contribute to the expense and cost of such work, 
 such sums of money as they may deem proper on behalf of the county, and such moneys 
 shall be paid out of either the general road fund or the special fund of any road disti-ict, 
 in which said work is done, and as a majority of said board of supervisors may deter- 
 mine. [Amendment approved March 16, 1907. Stats. 1907, p. 338. In effect imme- 
 diately.] 
 
 Bend of trustees. 
 
 § 14. The board of trustees elected under this act shall serve without compensation, 
 and shall each file a bond for the faithful performance of their duties in the sum of 
 $5,000 said bond to be approved by the judge of the superior court of the county in 
 which said district is situated. [Amendment approved March 16, 1907. Stats. 1907, 
 p. 338. In effect immediately.] 
 
 Power to condemn land. 
 
 § 15. The board of trustees shall have power, in the name of the district to condemn 
 land, or other property, for the purpose of erecting levees, dikes and other improve- 
 ments or obtaining material for the same for the purpose of protecting the lands em- 
 braced in said district from overflow, and for that purpose, all of the provisions of 
 Part III, Title VII of the Code of Civil Procedure are hereby made applicable to exer- 
 cise of the right of eminent domain for such purpose to the needs of such district. 
 [Amendment approved March 16, 1907. Stats. 1907, p. 338. In effect immediately.]
 
 Act 250S, 88 10-23 GENERAL LAWS. 1414 
 
 Not to supersede other acts. 
 
 § 16. This act is not intended to supersede or repeal any other act for the construc- 
 tion and maintenance of ditches, levees, dikes or works of protection or for drainage or 
 for reclamation but is intended as an independent and alternative means of construct- 
 ing and erecting such districts, levees, dikes or other works of protection where most 
 applicable and desirable to the parties interested. [Amendment approved March 16, 
 1907. Stats. 1907, p. 338. In effect immediately,] 
 
 Land in different counties may form a levee district. 
 
 6 17. Levee districts may be formed, governed and maintained under this act where 
 the land embraced therein shall be situate partly in different counties, and all the pre- 
 ceding sections hereof shall be applicable to such districts, except as herein pro\'ided, 
 and nothing hereinafter contained shall in anj' manner limit or qualify the first sixteen 
 sections of this act. In such districts, except as hereinafter provided, all acts and 
 duties required to be performed by any county officer or board shall be done or per- 
 foj-mcd by the officer or board of the county in which the petition mentioned in section 
 1 shall be filed. All sections subsequent hereto in this act shall refer to districts situate 
 partly in different counties. [New section approved April 28, 1911. Stats. 1911, p. 1212.] 
 
 Petition filed in county of larger portion of land. 
 
 $ 18. In districts situate partly in different counties the petition mentioned in sec- 
 tion 1 shall be filed with the board of supervisors of the county in which the greater 
 portion of the land to be embraced within such district is situate, and such board shall 
 have the same jurisdiction for all the purposes of this act as if all the land of the dis- 
 trict were situate within the county, except as in this act otherwise provided. [New 
 section approved April 28, 1911. Stats. 1911, p. 1212.] 
 
 Designation. 
 
 § 19. At the time and after the proceedings mentioned in section 4 hereof, such board 
 of supervisors must declare such levee district formed as a subdivision of such counties 
 
 and shall designate such district by the name of joint levee district of and 
 
 counties. [New section approved April 28, 1911. Stats. 1911, p. 1212.] 
 
 Declaration forwarded to all supervisors of counties represented. 
 
 $ 20. Upon the recording of the declaration that the levee district is formed as 
 required by section 6 hereof, a copy thereof, duly certified by the clerk of the board of 
 supendsors, must be immediately transmitted to the clerk of the board of supervisors 
 of each other county in which any portion of such district may be situate, which shall 
 be kept in the office of such last named clerk. [New section approved April 28, 1911. 
 Stats. 1911, p. 1213.] 
 
 Publication of election notice. 
 
 ^ 21. The notice of election mentioned in section 7 shall be published for the time 
 designated therein in a newspaper published in each county in which any portion of 
 such district is situate. [New section approved April 28, 1911. Stats. 1911, p. 1213.] 
 
 Division of estimate among counties. 
 
 <i 22. The board of trustees of such joint district shall divide the total estimate pro- 
 vided for in section S hereof, in proportion to the value of the real and personal prop- 
 erty of the district in each county. Such value to be determined by the equalized values 
 of the last assessment-rolls of such counties. The board of trustees shall, after the 
 approval of the estimate as provided in said section 8, report, as provided in said 
 section, to the board of supervisors of each of such counties, on or before the first day 
 of September of each year, and furnish each of such boards of supervisors such esti-
 
 1415 LEVEE DISTRICTS. Act 2509, § 1 
 
 mate, together with a statement of the part thereof apportioned to each county. [New 
 section approved April 28, 1911, Stats. 1911, p. 1213.] 
 
 Applicable to assessors and supervisors of each county. 
 
 $ 23. The provisions of section 9 shall apply to the county assessors and boards of 
 supervisors of each county in which any portion of the district may be situate, so far 
 as the portion of such district in such county is concerned. [New section approved 
 April 28, 1911. Stats. 1911, p. 1213.] 
 
 To officers of each comity. 
 
 § 24. The provisions of section 10 shall apply to the officers of each county in which 
 any portion of such district is situate. [New section approved April 28, 1911. Stats. 
 1911, p. 1213.] 
 
 Treasurer of county in which petition was filed to be repository of funds. 
 
 $ 25. The treasurer of the county in which the petition mentioned in section 1 was 
 filed, and in which the district was organized, shall be the repository of the funds of 
 the district. The treasurers of any other counties in which is situate a portion of said 
 district, must, at any time, not more often than four times each year, upon the order of 
 the board of trustees, pay over to the treasurer of the county where said petition men- 
 tioned in section 1 was filed, all moneys in their possession belonging to the district. 
 Said last named treasurer is authorized and required to receive and receipt for the 
 same, and to place the same to the credit of the district. All moneys of the district 
 
 received from any source shall be by him placed in a fund to be called the joint 
 
 levee district of and counties. [New section approved April 28, 1911. Stats. 
 
 1911, p. 1213.] 
 
 Under section 3489 of the Political Code, of 1891 was sufficient If signed by a ma- 
 
 as amended by Stats. 1877-8, 62, levee dis- jority of tiie freeholders within the district 
 
 tricts theretofore formed were authorized owning lands along the stream, and the sig- 
 
 to reorganize as therein provided. This ap- nature of a majority of the owners of land 
 
 plies also to swamp land and reclamation subject to overflow was not required. — De 
 
 districts. Baker v. Batcheller, 97 Cal. 472. 
 
 See Protection Districts; Reclamation Dis- 3. Publication of notice — Sufficient. — ^The 
 
 tricts; Swamp and Overflowed Lands. publication of the petition under the act 
 
 1. A public corporation. — A levee dis- of 1893, showing the boundaries of the pro- 
 trict organized by the board of supervisors posed district with minute detail was not 
 under the authority of an act of the legis- defective because of the failure to publish 
 lature is a public corporation whether the a plat, where the petition as published 
 legislature in terms declares it a corpora- contained a provision that "the proposed 
 tion or not. — Dean v. Davis, 51 Cal. 406; boundaries of said district are shown ap- 
 Hoke V. Perdue, 62 Cal. 545. proximately by the plat thereof hereunto 
 
 2. Petition — Sufficient — Majority of own- annexed." — De Baker v. Batcheller, 97 Cal. 
 ers not required to sign. — A petition for the 472. 
 
 formation of a levee district under the act 
 
 VALTDATTON ACT OF 1915. 
 
 ACT 2509 — An act to validate the organization and formation of levee districts. 
 
 History: Approved May 29, 1915. In effect August 8, 1915. Stats. 
 1915, p. 948. 
 
 Levee districts validated. 
 
 $ 1. All levee districts, the organization and formation of which, have been authen- 
 ticated by an order or declaration of a board of supervisors in this state declaring the 
 same a levee district, such declaration or order being recorded in a book kept for that 
 purpose, as required by law, and which levee districts thereafter have acted in the form 
 and manner of levee districts under the provisions of "An act to provide for the forma- 
 tion of levee districts in the various counties of this state, and to provide for the 
 erection of levees, dikes and other works for the purpose of protecting the lands within 
 such districts from overflow and to levy assessments to erect and construct and main- 
 tain such levees, dikes and other works and to pay the necessary costs and expenses of
 
 Aria 23IO-2511« 
 
 GICNICRAL LAWS. 
 
 1416 
 
 maintaining said districts," approved March 20, 1905, and the amendments thereto are 
 hereby declared to be and to have been levee districts from the date of the recording of 
 the declaration or order of the board of supervisors; and all the acts of said levee dis- 
 tricts heretofore performed according to the act aforesaid are hereby validated and 
 declared as legal. 
 
 BEAK HIVKR DISTRICT NO. 1. 
 
 ACT 2510 An act to organize a levee district in Yuba, Sutter and Placer comities, and 
 
 to provide for the construction, maintenance and repair of levees therein, 
 History: Approved March 30, 1878, Stats. 1877-78, p. 732. 
 
 "LHVKK DISTRICT NO. 1 OF SACRAMENTO COUNTY." 
 ACT 2511 — An act to organize levee district No. 1, Sacramento county, and to provide 
 for its government. 
 
 History: Approved March 30, 1S78, Stats. 1877-78, p. 853. Amended 
 
 April 15. 1880. Stats. 1880, p. 65. 
 
 1. Wordn and pbranrn — "More brnrflcinl." 
 
 — The phruse "more beneficial" in section 
 16 of the act Indlc.ites that all the lands of 
 the district are benefited In some degree 
 «nd the power to a.ssess "upon the Linds" 
 Klven in f 3456. Tolltical Code, Is a power 
 
 only to assess all the lands, and the com- 
 missioners have no power to de'lare that 
 some of the lands of the district are not 
 benefited and omit such lands from the as- 
 sessment. — Levee District, etc., v. Huber, 
 57 Cal. 41. 
 
 LEVEE DISTRICT NUMBER ONE OF SUTTER COUNTY. 
 
 ACT 2511a — An act to define the boundary, provide for the care, strengthening, and 
 
 repairing of the levee, and for the payment of the indebtedness of Levee District 
 
 Number One of Sutter county. 
 
 History: Approved March 20, 1874. Stats. 1873-74, p. 511. Amended 
 (1) April 1, 1878. Stats. 1877-78, p. 914; (2) March 19, 1889, Stats. 1889. 
 p. 355; (3) March 23, 1001, Stats. 1901. p. G29; (4) February 23. 1907, 
 Stats. 1907, p. 47; (5) March 13, 1911. Stats. 1911. p. 347. The district 
 was originally created by an act approved March 25, 1868, Stats. 
 1867-68, p. 316. 
 
 Srr Art 2.'il3 and notes. 
 
 1. Conatltullonnlity — Srrtlon 20 of art 
 of ISttS. — .s'p,ti(in 20 of the act of 1868 is 
 unconstitutional in so far as It authorizes 
 the board of supervisors. In their discre- 
 tion, to remit a portion of the district 
 tnxcM In a levee district. — Wilson v. Board 
 of Supervl<ior.s, 47 Cal. 91. 
 
 2. Same — Srrtion 21 of the art of 1S6S. — 
 Section 21 of the act of 1868 was unconsti- 
 tutional, a district formed thereunder has 
 no rights, and Is not protected from col- 
 lateral attack, and the commls.sioners of 
 »uch dl.slrlct are not estopped from dis- 
 puting the validity of the bonds in a pro- 
 reeding In mandamus to compel the levy of 
 a tax to pay the principal and interest of 
 the bondB. by retaining the benefits of the 
 proceeds of such sale of bonds. — Branden- 
 steln V. Hoke. 101 Cal. 131. 
 
 S. Art of 1S0S impoaed tax, not aaneaa- 
 Mrnt for hrnrnta. — The act of 1868 Imposed 
 a tax and not an assessment for benefits. — 
 People V. Whyler. 41 Cal. 351. 
 
 See. also, Hoke v. Perdue, 2 Cal. Unrep. 
 28. 
 
 4. Samr. — A tax levied by Levee Dis- 
 trict No. One of Sutter county to pay prin- 
 cipal and Interest on outstanding bonds of 
 the district Is not an assessment for bene- 
 fits, but a tax. — Southern Pacific Co. v. 
 Levee District No. 1, 172 Cal. 345, 349. 
 
 5. I.ornl tnx on propertlen of railroad 
 company. — The only form of local tax upon 
 the operative properties of a railroad com- 
 pany, included In a levy district, which 
 may be levied and collected by such dis- 
 trict under section 14, article XIII. of the 
 constitution. Is a tax levied to pay the 
 principal and Interest of a bonded indebted- 
 ness created and outstanding at the time 
 the section went Into effect. — Southern Pa- 
 cific Co. V. Levee DIst. No. 1, 172 Cal. 345. 
 353. 
 
 6. Poorer of lionrd of auprrvliiors of 
 Slitter roiint.v iinilrr act of ISCS. — The board 
 of supervisors of Sutter county had no 
 power, under the act of 1868, to construct 
 a levee in Colusa county. — Moulton v. Parks, 
 
 64 Cal. 166. 
 
 7. Tax paid by railroad rompanTi right 
 to rrrover. — Where a r.ailroad company 
 pays Into the state treasury the entire 
 amount of the state tax under the pro- 
 visions of section 14, article XIII, of the 
 constitution and the acts passed to carry 
 the same Into effect, and afterwards pays 
 a levee district tax to the district under 
 protest, after the controller has refused 
 to turn over to the district Its proportion of 
 the tax paid. It Is entitled to recover It 
 back. — Southern Pacific Co. v. Levee Dis- 
 trict, etc., 172 Cal. 845.
 
 1^17 LEVEE DISTRICTS. Acts 2511b-251S 
 
 LEVEE DISTRICT NUMBER ONE OF SUTTER COUNTY— FUNDING BONDS. 
 
 ACT 2511b — An act to empower the trustees of levee district No. 1, Sutter county, to 
 
 issue bonds for the payment or funding of the unfunded indebtedness of said levee 
 
 district, and to provide for the redemption of such bonds by taxing the property of 
 
 the district. 
 
 History: Approved April 9, 1880, Stats. 1880, p. 30. 
 
 LEVEE DISTRICT NUMBER TWO OF SUTTER COUNTY. 
 
 ACT 2511c — An act to define the boundary and provide for the government of Levee 
 
 District Number Two of Sutter County. 
 
 History: Approved March 23, 1876, Stats. 1875-76, p. 391. Amended 
 April 5, 1911, Stats. 1911, p. 657. Supplemented. See Act 2512. 
 
 LEVEE DISTRICT NUMBER TWO OF SUTTER COUNTY— 
 SUPPLEMENTARY ACT. 
 ACT 2512 — Amendatory of and supplementary to an act entitled "An act to define the 
 boundary and provide for the government of levee district number two, of Sutter 
 County," passed March 23, 1876, in relation to the election of officers for said dis- 
 trict, funding the floating debt, and refunding the funded debt thereof. 
 
 History: Approved March 23, 1893, Stats. 1893, p. 199. Amended 
 March 27, 1895, Stats. 1895, p. 237. See Act 2511c. 
 
 LEVEE DISTRICT NUMBER TWO OF SUTTER COUNTY— FUNDING ACT. 
 ACT 2512a — An act to provide for funding the indebtedness of Levee District Number 
 Two of Sutter county. 
 
 History: Approved March 9, 1876, Stats. 1875-76, p. 155. 
 
 LEVEE DISTRICT NUMBER SIX OF SUTTER COUNTY. 
 ACT 2513 — An act to define the boundary and to provide for the government of Levee 
 District Number Six of Sutter county. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 237. Amended 
 February 23, 1907, Stats. 1907, p. 56. 
 
 See Act 2511n and notes. 2. Levee district — Legislative recognl- 
 1. Levee district not a municipal cor- tlon of existence. — By the present act the 
 poration. — A levee district is not a "mu- leg-islature recognized the existence of the 
 nicipal corporation within the meaning of levee district, notwithstanding- the fatal 
 the constitution of 1879, prohibiting- the irregularity of its formation under the in- 
 passing of a special act creating or recog- validated act of 1868, as it was empowered 
 nizing such a corporation, but a corpora- to do and such recognition was sufficient 
 tion belonging to a class by itself, which to invest the district with the functions 
 the legislature might recognize by special and attributes which it had assumed to ex- 
 act and give it a legal existence though ercise under that act and gave it a legal 
 originally formed under a void law. — Peo- existence. — People ex rel Silva v. Levee 
 pie ex rel Silva v. Levee District, etc., 131 District, etc., 131 Cal. 30, 6 Cal. Unrep. 615. 
 Cal. 30; Reclamation District No. 70 v. 
 Sherman, 11 Cal. App. 399. 
 
 LEVEE DISTRICT NUMBER SIX OF SUTTER COUNTY— FUNDING ACT. 
 ACT 2514 — An act to provide for funding the indebtedness of levee district number six, 
 of Sutter county, and to provide for the payment of such funded debt. 
 History: Approved March 31, 1891, Stats. 1891, p. 235. 
 See acts 2511a and 2513, and notes. 
 
 PALO VERDE JOINT LEVEE DISTRICT— VALIDATION. 
 
 ACT 2515 — An act to validate bonds of Palo Verde joint levee district of Riverside and 
 
 Imperial counties, California, and all proceedings relating thereto. 
 
 History: Approved May 16, 1919. In effect July 22, 1919. Stats. 
 1919, p. 541.
 
 Act 2516, § 1 GKXERAL LAWS. 1418 
 
 Bonds of Palo Verde joint levee district validated. 
 
 $ 1. Bonds in the amount of one million two hundred eighty-five thousand nine hun- 
 dred fifty-one and eighty-six hundredths dollars of the Palo Verde Joint Levee District 
 of Uiverside and Imperial counties, California, and all the acts and proceedings of said 
 district and of the board of trustees thereof and of the board of supervisors of River- 
 side county, California, and of the officers of said county leading up to and including 
 the authorizing of said bonds and also the issuance of two hundred fifty-six thousand 
 dollars of said bonds already sold are hereby legalized, ratified, confirmed and declared 
 valid to all intents and purposes, and said bonds in the amount of two hundred fifty-six 
 thousand dollars already sold, and the remainder of said bonds when issued and sold, 
 shall be, and ai*e herebv, declared to be legal and valid obligations of said district, and 
 the faith and credit of said district is hereby pledged for the prompt payment and 
 redemption of the principal and interest of said bonds, and said bonds by their issuance 
 shall be conclusive evidence of the regularity of all proceedings leading up thereto. 
 
 LEVEE AND PROTECTION DISTRICTS--REFUNDING ACT OF 1897. 
 ACT 2516 — An act to provide for the funding and refunding of the indebtedness of 
 levee and protection districts. 
 
 History: Approved April 1, 1897, Stats. 1897, p. 424. 
 
 Levee or protection districts, funding or refunding indebtedness. Form of bond. 
 Coupons. 
 
 § 1. The board of directors or trustees of any levee or protection district having an 
 outstanding indebtedness of not less than twenty thousand dollars, evidenced by bonds 
 or warrants of such district, by a vote of tAvo-thirds of all the members thereof, are 
 empowered, if they deem it for the best interest of such district to fund and refund the 
 same, or any part thereof, and issue bonds of such district therefor, in sums of not less 
 than one hundred dollars nor more than one thousand dollars each, having not more 
 than twentj' years to run, and bearing a rate of interest not exceeding seven per cent 
 per annum, payable semi-annually, which bonds shall be substantially in the following 
 form: 
 
 No, . (Name of district), in the county of , state of California, for value 
 
 received, promises to pay , or order, at the office of the treasurer of said district, 
 
 in , California, on or before the fixst day of , 19 — , the sum of dollars, in 
 
 gold coin of the United States, with interest at the rate of per cent per annum, 
 
 payable at the office of said treasurer semiannually, on the first day of and 
 
 in each year, on presentation and surrender of the interest coupons hereto attached. 
 
 This bond is issued by the board of of said district in conformity with a resolution 
 
 of said board, dated the day of , eighteen hundred and , and under 
 
 authority conferred upon said board by the provisions of an act of the legislature of 
 California, entitled "An act to provide for the funding and refunding of the indebted- 
 ness of levee and protection districts," approved (insert date of approval of the act). 
 
 In testimony whereof, the said district, by its board of , has caused this bond to 
 
 be signed by the chairman of said board, and attested by the auditor of county, 
 
 with his seal of office attached, this day of 18 — . , 
 
 Chairman of said Board. 
 
 Attest : , Auditor of county. 
 
 And the interest coupons shall be in the following form : 
 
 The treasurer of (name of district) will pay to the holder hereof, on the day 
 
 of , 1 , at his office in , dollars, gold coin, for interest on bond of said 
 
 district numbered , 
 
 i
 
 1419 LEVEE DISTRICTS. Act 2516, §§ 2-4 
 
 Bonds, general provisions relating to. 
 
 ^ 2. Bonds issued under this act shall be numbered consecutively, signed by the 
 chairman of the board of directors, or trustees, as the case may be, and delivered to 
 the auditor of the county in which the levee or protection district is situated, who shall 
 countersign the same and affix thereto his official seal, and shall by him be delivered 
 to the treasurer of the district, who shall deliver to such auditor his receipt therefor, 
 and said treasurer shall stand charged in his official bond with all bonds delivered to 
 him and the proceeds thereof, and he shall sell the same or exchange them under the 
 direction of the board of directors or trustees of such levee or protection district, on the 
 best available terms, for any legal indebtedness of such district, but in neither case for 
 a less sum than the face value of the bonds and all interest accrued thereon at the date 
 of such sale or exchange ; and if any portion of such bonds are sold for money, the pro- 
 ceeds thereof shall be applied exclusively to the payment of liabilities existing against 
 the district at the date last above named. When they are exchanged for bonds or war- 
 rants or other legal evidences of district indebtedness, the treasurer shall at once cancel 
 such e\'idences of indebtedness by indorsing thereon the amount for which they were 
 received, the word "canceled" and the date of cancellation. He shall keep a record of 
 all bonds sold or exchanged by him, by number, date of sale, amount, date of maturity, 
 the name and postoffice address of purchasers, and, if exchanged, what evidences of 
 indebtedness was received therefor, which record shall be open at all times for public 
 inspection. No such bonds shall be sold or exchanged for any indebtedness of the dis- 
 trict except by the approval of the board of directors or trustees thereof. 
 
 Tax levy to pay bonds and interest. 
 
 ^ 3. The board of directors or trustees shall cause to be assessed and levied each 
 vear upon the assessable property of the district, in addition to the levy authorized for 
 other purposes, a sufficient sum to paj^ the interest on outstanding bonds, issued in con- 
 formity with the provisions of this act, accruing before the next annual levy, and 
 sucli proportion of the principal, that at the end of five years the sum raised from such 
 levies shall equal at least twenty per cent of the amount of bonds issued, at the end of 
 nine j^ears at least forty per cent of the amount, and at and before the date of maturity 
 of the bonds shall be equal to the whole amount of the principal, and the money arising 
 from such levies shall be known as the bond fund, and shall be used for the payment 
 of bonds and interest coupons, and for no other purpose whatever; and the treasurer 
 shall open and keep in his books a separate and special account thereof, which at all 
 times shall show the exact condition of said bond fund. 
 
 Provision for redemption of bonds. 
 
 §4. Whenever there shall be in the bond fund of such district a surplus of five 
 hundred dollars or more, over and above the interest maturing before the next levy, 
 the treasurer shall give notice for two weeks in one or more newspapers of general 
 circulation, printed and published in the county in which such district is situated, 
 stating the amount of such surplus, and that on the day and hour named in such notice, 
 sealed proposals will be received at his office for the surrender of bonds of the district, 
 and shall at the time and place named open the proposals and accept the lowest bid; 
 provided, that no bid shall be accepted for an amount exceeding the par value of such 
 bonds with accrued interest ; if bids are not offered, at par, or less, sufficient to exhaust 
 the amount on hand applicable to redemption, the treasurer shall publish for the same 
 time and in the same manner a notice that he will redeem a bond or bonds of said dis- 
 trict, giving the number or numbers thereof, and that if not presented for redemption 
 within thirty days after the date of the first publication of such notice, the interest 
 thereon will cease, and the amount due thereon will be set aside for the payment of such 
 bond or bonds whenever presented. If an}' such bond be not so presented, interest
 
 Act 2517, § 1 GENERAL, LAWS. 1420 
 
 thereon shall cease, and the amount due thereon shall be set aside as specified in said 
 notice. All redemption of bonds other than those voluntarily surrendered shall be made 
 in the exact order of their issuance, beginning with the lowest or first number. 
 
 $ 5. This act shall take effect immediately. 
 
 BOND ACT OF 1911. 
 ACT 2517 — An act authorizing levee districts of the state to incur a bonded indebted- 
 ness for the purpose of building, constructing, or repairing levees of the district; or 
 for excavating and constructing ditches or canals of such districts; or for the purpose 
 of acquiring rights of way for any such levees, ditches, or canals; or for any and all 
 of said purposes. 
 
 History: Approved March 8, 1911, Stats. 1911, p. 303. Amended 
 (1) May 29, 1915; in effect August 8, 1915, Stats. 1915, p. 914; (2) 
 May 22, 1917; in effect July 27, 1917, Stats. 1917, p. 809. 
 
 Levee district may issue bonds. 
 
 ^ 1. Any levee district formed or organized by or under the laws of California, may 
 incur a bonded indebtedness for the purpose of building, constructing, or repairing the 
 levee or levees of such district; or in excavating or constructing any ditches or canals 
 in such district, or other protective works; or to purchase and acquire any levee or 
 levees, ditches or canals, or other reclamation works already constructed or in process 
 of construction; or for the purpose of acquiring rights of way for any such levee, or 
 ditches, pipe-lines or canals; or for building, repairing and constructing any and all 
 kinds of work in water and river channels, wherever situate, as ancillary to land and 
 levee protection, including the straightening of river channels, or diverting waters 
 from the dikes and levees themselves, or the lands they are protecting, and in general 
 for doing any and all work of every character and description for the purpose of secur- 
 ing, protecting, guarding and preserving the lands protected, and the dikes, levees, 
 ditches, excavations or other protective works; or for any and all of said purposes, or 
 for any or more of said purposes. 
 
 Report of engineer. 
 
 Wlienever it shall become necessary in the opinion of the board of trustees of any 
 such levee district to build, construct, or repair any levee for the pi'otection of the 
 lands of the district from overflow; or to excavate or construct any ditches or canals. 
 or to purchase or acquire any levee or levee system or parts thereof then constructed or 
 in process of construction; or for acquiring rights of way for either of such purposes 
 of building, constructing, or rei^airing the levee or levees of such district; or in excavat- 
 ing or constructing any ditches or canals in such district, or other protective works, or 
 to purchase and acquire any levee or levees, ditches, or canals or other reclamation 
 works already constructed or in process of construction; or for the purpose of acquir- 
 ing rights of way for any such levee, or ditches, pipe-lines, or canals; or for building, 
 repairing any and all kinds of Avork in water and river channels, wherever situate, as 
 ancillary to land and levee protection, including the straightening of river channels, or 
 diverting waters from the dikes and levees themselves, or the lands they are protecting, 
 or in general for doing any and all work of every character and description for the 
 purpose of securing, protecting, guarding and preserving the lands protected, and the 
 dikes, levees, ditches, excavations or other i^roteetive works, or for any and all of said 
 purposes, or for any one or more of said purposes, the trustees of such levee district 
 shall, by resolution, employ some civil engineer, and direct him to make a report in 
 writing to said board of trustees, containing his recommendations as to the best method 
 of doing said work. Said report shall show : 
 
 1. A description of the work to be done, including all ancillary work. 
 
 J
 
 1421 LiEVEE DISTRICTS. Act 2517, §§ 2-4 
 
 2. The plans, profiles, cross sections and specifications of the work required. 
 
 3. A general description of the lands required for rights of way for the work^ if any 
 such are required. 
 
 4. An estimate of the expenses of such work, including an estimate of the cost of 
 acquiring rights of way for such work, should such rights of way be required. 
 
 5. An estimate of the cost or value of any levee or levees, ditches or canals already 
 constructed or in process of construction, or advisable or proposed to be acquired as 
 part of the proposed system, including all work necessary to be done for the protection 
 of said main works and ancillary thereto, and including moreover the amount necessary 
 for the maintenance of the work proposed to be done for the first year. 
 
 6. An estimate of all incidental expenses likely to be incurred in connection with the 
 work, such as clerical, engineering, inspection, printing and advertising. [Amendment 
 of May 22, 1917. In effect July 27, 1917. Stats, 1917, p. 809.] 
 
 Adoption of report. 
 
 § 2. After the report of the engineer provided for in the next preceding section has 
 been filed with the board of trustees of such levee district, said board shall consider the 
 same and shall have power, by resolution, to adopt the same as filed by said engineer, 
 or to modify or change the same, and to adopt the same as so modified or changed, and 
 said report shall be adopted as originally presented if not modified or changed, but if 
 modified or changed it shall be adopted as so modified or changed. [Amendment of 
 May 22, 1917. In effect July 27, 1917. Stats. 1917, p. 811.] 
 
 Notice of adoption. Publication. 
 
 $ 3. Within ten days after the adoption of the report as provided in section two of 
 this act, the board of trustees of such levee district shall give notice thereof as herein- 
 after provided. Such notice shall specify a day and hour when and a place where any 
 and all persons may appear before said board and show cause, if any they have, why 
 said work provided for in said report should not be carried out in accordance therewith, 
 said time to be not less than twenty nor more than forty-five days from the adoption of 
 said report. 
 
 Said notice shall briefly outline the proposed work, and shall refer to the said report 
 on file with said board for a particular description of the work to be done. Such 
 notice shall be given by conspicuously posting in three of the most public places within 
 said district, and publishing in some newspaper printed and published in the county 
 where said district is situated, or if said district is situated in more than one county 
 then by posting in three of the most public places in that portion of the district, situated 
 in each county and by publishing in a newspaj^er printed and published in each of the 
 counties wherein any portion of said district is situated, for a period of three weeks 
 prior to the day of hearing. Said publication shall be made once a week for three con- 
 secutive weeks in a newspaper of general circulation published in the county where 
 said district is situated. If said district comprises land situated in more than one 
 county, then once a week for three consecutive weeks in a newspaper of general circu- 
 lation in each of the counties where said lands are situated. It shall not be necessary 
 that publication shall be made on the same day of the week in each of the three weeks, 
 but not less than sixteen days, including the day of the first publication, shall inter- 
 vene between the first publication and the last publication, and publication shall be com- 
 plete on the date of the last publication, [Amendment of May 22, 1917. In effect 
 July 27, 1917. Stats. 1917, p. 811.] 
 
 Aflldavit of publisher. Objections. 
 
 ^ 4. At the time mentioned in the notice provided for in section 3 of this act, to 
 wit: At the time specified in said notice, at which the taxpayers of the district are
 
 Act 2517, g§ 5, 6 GENERAL LAWS. 142^ 
 
 notified to appear before the board to show cause why the work provided for in the 
 report adopted by the board should not be carried out, there shall be filed with said 
 board an affidavit that such notice has been posted as provided for in said section 3, 
 and an affidavit of the printer or publisher, or the principal clerk of such printer or 
 publisher of the newspaper or newspapers in Avhich said notice has been published, 
 showing that such notice has been published as provided for by said section 3. Said 
 board of trustees or directors, before proceeding with said hearing, shall cause to be 
 entered upon the minutes of the meeting an order reciting that such notice of said 
 hearing has been posted and published according to law, and such recitals shall be con- 
 clusive evidence of the facts therein recited. Said board shall thereupon proceed with 
 the hearing of any objections which shall have been made in writing and filed with said 
 board not later than the hour fixed for said hearing as specified in said notice, and no 
 other objections shall be considered. Said hearing may be continued from time to time 
 bv said board, and all parties interested shall be deemed to have notice of said con- 
 tinuances. All objection to the performance of the work specified in said report must 
 be in writing, and must state the objector's grounds of opposition and must be signed 
 by the objector; and objections which do not comply with these requirements shall not 
 be considered by said board. 
 
 Board may confirm resolution. 
 
 $ 5. The board of trustees shall have power to set aside, modify, or confirm the 
 resolution provided for in section two of this act; in case the board shall decide that 
 it will be for the best interests of the district to proceed with the work, it shall, by 
 resolution, so declare; and in case the said original plan of the work shall have been 
 modified or changed, the board shall direct the engineer of the district to estimate the 
 cost of the work in accordance with the plan so modified or changed, and to report the 
 same to the board. The engineer of the district shall thereupon, in case such original 
 plan shall have been changed or modified, make a report to the board in accordance 
 with the modifications or changes adopted by it, and such report must show: 
 
 Report of engineer. 
 
 1. A description of the work to be done as changed or modified by the board, includ- 
 ing all ancillary work. 
 
 2. The plans, profiles, cross sections and specifications of the work as so changed or 
 modified bj' the board. 
 
 3. A general description of the lands required for rights of way for the work, if 
 any such are required. 
 
 4. An estimate of the expense of such work in accordance with the plan so modified 
 or changed by the board, including an estimate of the cost of acquiring rights of way 
 for such work, if any such rights are acquired. 
 
 5. An estimate of the cost or value of any levee or levees, ditches or canals already 
 constructed or in process of construction, proposed to be acquired as part of the pro- 
 posed system. 
 
 6. An estimate of all incidental expenses likely to be incurred in connection with 
 the work as planned, such as clerical, engineering, inspection, printing and advertising, 
 including all work necessary to be done for the protection of said main works, and 
 ancillary thereto, and including furthermore the amount necessary for the maintenance 
 of the work proposed to be done, for the first year. [Amendment of May 22, 1917. 
 In effect July 27, 1917. Stats. 1917, p. 811.] 
 
 Reapproval of report. 
 
 § 6. If, after the hearing provided for in section 4 of this act, the report of the 
 engineer as finally adopted under the provisions of section 2 of this act, has not been
 
 1J23 LEVEE DISTRICTS. Act 2517. g 7 
 
 changed or modified by said board, the board shall, by resolution, finally reapprove 
 and readopt said report in all respects as approved and adopted under the provisions 
 of said section 2; in case, after such hearing, the report of the engineer as finally 
 adopted under the provisions of said section 2 has been changed or modified by said 
 board, the board shall, by resolution, finally reapprove and readopt said report as so 
 changed or modified ; and in either case the resolution reapproving and readopting said 
 report shall state the amount of the entire estimate of the expense of such work. 
 
 Bonds for levee districts. Order for election. Notice of election. Oath of election 
 officers. 
 
 § 7. Whenever in the judgment and opinion of the board of trustees in said district 
 it would be for the best interests of said district, or the land owners therein, to issue 
 bonds for the purpose of obtaining money to pay the cost of construction of said levee 
 or levees, ditches or canals, or other protective works, or to purchase in whole or in part 
 any system of levee, or levees, ditches or canals already constructed or in process of 
 construction, or for any of the purposes set forth in section one of this act, or when a 
 petition requesting them so to do, signed by the owners of more than one-half of the 
 land of the district, is filed with the secretary of the board, the board of trustees of such 
 district shall, by order entered upon the records of said board, order a special election 
 to be held for the purj^ose of submitting the question of the issuance of bonds to the 
 taxpaj'ers of said district. Said order shall specify the amount of bonds it is proposed 
 to issue which, in any case, shall not exceed the entire estimate of the expense of the 
 work as planned, shall specify the rate of interest to be paid, not exceeding seven per 
 cent, and the number of years, not exceeding forty, the whole or any part of said bonds 
 are to run, and shall name a time and place for the holding of such election, which 
 place shall be at some convenient place in the district. In the case of joint levee dis- 
 tricts the said order shall specify a polling place within the district in each county, in 
 which a portion of the district lies. The board shall also appoint one inspector, two 
 judges and one clerk to conduct said election at each and every polling place designated, 
 all of whom must be electors and taxpayers of 'said district. Notice of such election 
 shall be given by publication, in a newspaper printed and published in the county in 
 which said district or some part thereof is situated once a week for at least three 
 weeks prior to such election. If said district is situated in more than one county, then 
 publication shall be made in a newspaper printed and published in each county wherein 
 a portion of said district is situated, and the provisions relating to publication provided 
 in section three hereof shall apply, and such notice must contain a time and place for 
 the holding of such election, the names of the election oiBScers to conduct the same, and 
 amount and denominations of the bonds, the rate of interest to be paid, and the number 
 of years, not exceeding forty, the whole or any part of said bonds are to run. If any 
 election officer appointed by said board and named in such notice is not present at the 
 time for the opening of the polls, the voters present may appoint an election officer to 
 take the place of such election officer so absent. Before opening the polls each officer 
 of election must take and subscribe an oath faithfully to perform the duties imposed 
 upon him by law. Any voter of the district may administer and certify such oath. 
 
 Manner of voting. Count of votes. 
 
 The polls shall be kept open for receiving votes from ten o'clock a. m. until four 
 o'clock p. m. At such election any voter qualified to vote for the election officers of 
 said district and none other shall be permitted to vote thereat, and such election shall 
 be held as nearly as practicable in conformity with the general election law of the 
 state, except that no sample ballot need be sent out, except that registration shall not 
 be required, and except also that persons voting at such bond election shall put a cross 
 (X) upon the ballots with pencil or ink after the words: "bonds — yes" and "bonds —
 
 Act 2517 GENERAL LAWS. 1424 
 
 no" (as the case may be) to indicate whether they have voted for or against the issuance 
 of the bonds. The said ballots shall be of the form: "bonds — yes" and "bonds — no," 
 or words of similar imi^ort, together with a general statement of the amount and pur- 
 pose of the bonds to be issued. 
 
 At the close of the polls the board or boards of election shall at once proceed to 
 count the votes and declare the result, and shall forward a certificate showing the same 
 and the number of votes cast for and against the issuance of the bonds to the clerk of 
 the board of supervisors of the county in which the greater portion of the lands of said 
 district is situated, and deliver a duplicate thereof to the board of trustees of the 
 district, and shall also deliver to the clerk of the said board of supervisors all ballots 
 cast at such election, and all documents and papers used at such election. 
 
 Contest of election. 
 
 Any person owning land situated in said district may contest said election within 
 twenty days after the result thereof has been declared by the board of supervisors, by 
 filing a complaint in the superior court of the county where said land is situated, and 
 if no contest shall be commenced within said time the declaration of the result by the 
 board of supervisors shall be final and conclusive. 
 
 Canvass of returns. 
 
 The returns of such election shall be canvassed and the result declared by the board 
 of supervisors of the county to whom said returns of election are made, at a special 
 meeting called for that purpose or at the next regular meeting of such board after such. 
 election. No ballot shall be rejected because of any distinguishing marks made thereon. 
 If a majority of the voters of the district voting at such election shall vote in favor 
 of the issuance of bonds, the board of supervisors shall be, and it is, authorized and 
 directed to issue bonds of said district to the number and amount provided in such 
 proceedings, payable out of the bond fund of such district, naming the same, and pro- 
 vide that the monej' shall be raised by taxation upon the taxable property in said dis- 
 trict for the redemption of said bonds and the payment of interest thereon, provided 
 that the total am.ount of bonds so issued shall not exceed the entire estimate of the 
 expense of the work as planned or determined by section one, together with the expense 
 of the maintenance of said works for one year after their completion. 
 
 Duty of board of supervisors. 
 
 The board of supervisors to whom said returns of election are made, by an order upon 
 its minutes shall prescribe the form of said bond and the interest coupons attached 
 thereto, and provide whether the same shall be paid in lawful money of the United 
 States or in gold coin, and fix the time when the whole or any part of the principal 
 of said bonds shall be payable, which shall not be more than forty years from the date 
 thereof; and said bonds shall be issued in sums of not less than one hundred dollars 
 nor more than one thousand dollars each, and shall not have more than forty years to 
 run, and shall bear interest at a rate not exceeding seven per cent per annum, payable 
 semiannually, and said bonds shall be substantially in the following form: 
 
 Form of bond. 
 
 STATE OF CALIFOENIA 
 No $ 
 
 BOND OF 
 
 Levee District. 
 
 In the county (or counties) of 
 
 State of California. 
 
 district, of the county of (or counties of) state of 
 
 California, for value received, hereby acknowledges itself indebted and promises to pay 
 
 I
 
 1425 LEVEE DISTRICTS. Act 2517 
 
 to the holder of this bond on the first day of , 191. ., at the 
 
 office of the treasurer of the county of in the city of 
 
 state of California, the sum of dollars in gold coin (or lawful money) 
 
 of the United States, with interest at the rate of per cent ( . .%) per annum, pay- 
 able semiannually upon the first day of and the first day of 
 
 of each and every year from and after the date hereof, at the office of the treasurer 
 aforesaid, on presentation and surrender of the interest coupons hereto attached, until 
 this bond is fully paid. This bond is issued by the board of supervisors of the said 
 
 county of in conformity with the resolution of said board dated the 
 
 day of 191. ., and under the authority conferred upon the said 
 
 board by the provisions of the act of the legislature of the state of California, entitled 
 "An act authorizing levee districts of the state to incur a bonded indebtedness for the 
 purjjose of building, constructing and repairing levees of the district, or for excavating 
 and constructing ditches or canals of such district, etc. 
 
 (Here will be inserted in the final draft the correct designation of the act approved 
 March 8, 1911, together with acts amendatory thereof.) 
 
 It is hereby declared that said levee district is a levee district duly 
 
 created, organized, established and incorporated in strict conformity to the laws of 
 the state of California relating thereto. 
 
 It is furthermore declared that a majority of the qualified electors of said levee dis- 
 trict voting at a special election held therein on the day of , 19. .. 
 
 which said election was held to determine whether bonds of said levee district, in th.* 
 
 amount of $ should be issued and sold for the purpose of raising monej 
 
 for the purposes prescribed in said act, voted in favor thereof. 
 
 It is hereby further declared that said election was duly called, duly held and duly 
 conducted and the notices thereof duly given, and the result thereof canvassed and 
 declared in accordance with the provisions of the act above mentioned, and that all 
 
 other proceedings of the board of supervisors of such levee district, and 
 
 of the board of supervisors of said county, in the matter of the issuance of this bond, 
 were regular and in strict accordance with the provisions of the said act above men- 
 tioned, and of the constitution of the state of California; and that the total bonded 
 indebtedness of said district authorized at said election does not exceed the entire 
 estimate of the expense of the work planned and the cost of the maintenance of said 
 work for one year after the date of their completion. 
 
 This bond is in the form prescribed by the order of said board of supervisors, duly 
 made and entered in its minutes on the day of , 19. ., and in sub- 
 stantial conformity to the form prescribed by said act, and this bond shall be payable 
 out of the bond fund of said levee district, and the money for the redemp- 
 tion of said bond, and the payment of the interest thereon, shall be raised by taxation 
 upon the taxable property of said district. 
 
 In witness whereof the said board of supervisors has caused this bond to be signed 
 by its chairman and by the auditor of said county, with its seal of office attached 
 this day of , 19. . 
 
 Chairman of the board of supervisors of the 
 county of 
 
 Attest: 
 
 Auditor of county. 
 
 Form of interest coupon. 
 
 The interest coupon shall be in the following form: 
 
 On the day of > 19. ., the treasurer of the county of. 
 
 Gen. Laws — 90
 
 Act 2517, 8§ 8-8b 
 
 GENBRAL. LAWS. 1426 
 
 state of California, will pay to the holder hereof out of the bond fund of the 
 
 levee school district of said county, at his office, in the city of 
 
 in said county, the sum of $ for interest on bond of said district, 
 
 yjo] [Amendment of May 22, 1917. In effect July 27, 1917. Stats. 1917, 
 
 p. 812.] 
 
 This section was also amended May 29, 1915, Stats. 1915, p. 914, 
 
 Bonds to be numbered and signed. 
 
 ^ 8. Bonds issued under this act shall be numbered consecutively, signed by the 
 chainnan of the board of supervisors and attested by the county auditor, who shall 
 attix thereto his oflicial seal. The coupons shall be numbered consecutively and signed 
 bv the treasurer by original, or engraved, or lithographed facsimile signature, and the 
 bonds and coupons shall be payable at the office of the county treasurer. In case any 
 officer whose signature or attestation or countersignature appears on any bonds or 
 coupons thereof issued under the provisions of this act shall cease to be such officer 
 before the sale or delivery of said bonds to the purchaser thereof, such signature, 
 countersignature or attestation appearing either on the bonds or the coupons or on both 
 shall nevertheless be valid and sufficient for all purposes, the same as if such officer had 
 remained in office until the sale or delivery of such bonds. [Amendment of May 22, 
 19 J 7. In effect July 27, 1917. Stats. 1917, p. 816.] 
 
 Sale of bonds. 
 
 ^ 8a. Said bonds must be sold in the manner prescribed by the board of supervisors, 
 but for not less than par. The board of supervisors may sell all the bonds of said 
 issue at one time, or may sell less than the whole, to wit, any part thereof, at one time, 
 and from time to time. In the event the whole, or any part of said issue of bonds, may 
 be offered for sale at one time, the board of supervisors may sell either the whole or any 
 lesser number of the bonds so offered for sale. All moneys realized from the sale of 
 said bonds shall be placed on deposit with the county treasurer to the credit of the bond 
 fund of said district, and shall not be expended for any purpose other than that for 
 which said bonded indebtedness was incurred as specified in section one of this act. 
 [New section added May 22, 1917. In effect July 27, 1917. Stats. 1917, p. 816.] 
 
 Action to have bonds declared valid. Summons. 
 
 $ 8b. As soon as said bonds shall have been delivered to said county treasurer, the 
 board of trustees, or any holder of title, or evidence of title, including possessory rights, 
 to lands contained in the district, may, in order to determine that said bonds are a legal 
 obligation of the district, institute a proceeding therefor in the superior court of the 
 county in which the district was organized by filing with the clerk of said county a com- 
 plaint setting forth that on a date therein named bonds of said district were delivered 
 to the said treasurer, stating the amount of such bonds, and praying that such bonds 
 be adjudged to be a valid legal obligation of such district. The summons in such pro- 
 ceeding shall be served by publishing a copy thereof once a week for four weeks in 
 some newspaper of general circulation published in each county in which any of the 
 lands contained in said district are located. Within thirty days after the last publica- 
 tion thereof shall have been completed and proof thereof filed with the court, any per- 
 son interested may appear and answer said complaint, in which case said answer shall 
 set forth the facts relied upon to show the invalidity of said bonds. If no answer shall 
 be filed within said time, the court must render judgment as prayed for in the com- 
 plaint. If an answer be filed the court shall proceed as in other civil cases. Said pro- 
 ceeding is hereby declared to be a proceeding in rem and the judgment rendered therein 
 shall be conclusive against all persons whomsoever and against the state of California. 
 In the event said district comprises lands situated in more than one county, such action 
 
 I
 
 1127 LEVEE DISTRICTS. Act 2517. §§ 8c, 9 
 
 shall be brought in the superior court of the county in which the larger portion of the 
 district is situated. 
 
 Treasurer's record. 
 
 The treasurer of the county shall keep a record of all bonds by number, date of saler 
 amount, date of maturity, and the name and post-office address of the purchaser whet 
 known, which record shall be open at all times for public inspection. [New section 
 added May 22, 1917. In effect July 27, 1917. Stats. 1917, p. 817.] 
 
 Bonds exempt from taxation. 
 
 $ 8c. Any bonds issued by any levee district under the provisions of this act are 
 hereby g^ven the same force, value and use as bonds issued by any municipality and 
 shall be exempt from all taxation within the state of California. 
 
 Bonds legal investment. 
 
 The bonds of levee districts issued pursuant to this act may be lawfully purchased or 
 received in pledge for loans by banks, trust companies, guardians, executors, adminis- 
 trators, and special administrators, or by any public officer or officers of this state, or 
 of any county, city, or city and county, or other municipal or corporate body within 
 the state, having or holding bonds which they are allowed by law to invest or loan. 
 [New section added May 22, 1917. In effect July 27, 1917. Stats. 1917, p. 817.] 
 
 Tax to pay interest and principal. 
 
 ^ 9. In addition to any other estimate which the board of trustees may be required 
 by law to make and to submit to the board of supervisors of the county in which said 
 district is situated, the board of trustees, on or before the first day of September of 
 each year, shall certify to the board of supervisors, if said district is situated in one 
 county, but if it comprises lands situated in more than one county, then the respective 
 boards of supervisors of each county within which lands of said district are situated, 
 the amount of interest upon all outstanding bonds to grow due within the said year, 
 and the amount of moneys necessary to redeem any or all outstanding bonds that may 
 grow due in said year. At the time when by law it is the duty of the board of super- 
 visors of said county to fix the annual tax rate of such county, said board of supervisors 
 must le\'y a tax upon the taxable property situated in such levee district, for the inter- 
 est and redemption of said bonds, and such tax must not be less than sufficient to pay 
 the interest on said bonds for that year and such portion of the principal as is to 
 become due during such year, and such proportion of the principal that at the end of 
 ten years the sum raised from such levies shall equal at least twenty-five per cent of 
 the amount of bonds issued, at the end of twenty years at least fifty per cent of the 
 amount, and at and before the date of the maturity of the bonds shall be equal to the 
 whole amount of the principal, and the money arising from such levies shall be known 
 as the bond fund, and shall be used for the payment of bonds and interest coupons and 
 for no other purpose whatever; and the county treasurer shall open and keep in his 
 book a separate and special account which, at all times, shall show the exact condition 
 of such bond fund. 
 
 Levy and collection. Lien on property. 
 
 Such tax shall be levied on all property in the territory comprising the district, and 
 shall be collected at the same time and in the same manner and form as county taxes are 
 collected, and when collected shall be held by the treasurer for the credit of said dis- 
 trict, to be paid by orders of such treasurer issued under the authority of and signed 
 by the president of the board of trustees of said district. Such taxes shall be a lien 
 on all the property within the territory comprising the district, and of the same force
 
 Act 2517, §10 GENERAL, LAWS. 1428 
 
 and effect as other liens for taxes, and its collection shall be enforced by the same 
 means and in the same manner as provided for in the enforcement of liens for county 
 taxes. 
 
 Levy and collection of tax when land situated in more than one county. 
 
 In the event the said district comprises land situated in more than one county, then 
 said estimate shall be furnished to the board of supervisors of each of the counties 
 within which said lands of said district are situated. In such case at the time when 
 by law it is the duty of the board of supervisors of said respective counties to fix the 
 annual tax rate of each county, it shall be the duty of the board of supervisors of each 
 of said counties respectively to levy a tax upon the taxable property in such levee dis- 
 trict as may be situated in said county for the interest and redemption of said bonds, 
 and such tax must not be less in the aggregate than sufficient to pay the interest on 
 said bonds for that year and such portion of the principal as is to become due during 
 such year, and such portion of the principal that at the end of ten years the sum raised 
 from such levies shall equal at least twenty-five per cent of the amount of bonds issued, 
 at the end of twenty years at least fifty per cent of the amount, and at and before the 
 date of maturity of the bonds shall be equal to the whole amount of the principal, and 
 the money arising from such levies shall be known as the bond fund and shall be used 
 for the payment of bonds and interest coupons and for no other purpose whatever. 
 The countj' treasurer of each county shall open and keep in his book a separate and 
 special account which shall at all times show the exact condition of such bond fund. 
 Such tax shall be levied on all property in the territory comprising the district situated 
 in said county, and shall be collected at the same time and in the same manner and 
 form as county taxes are collected, and when collected shall be held by the treasurer of 
 each of said counties. Upon the first days of January, April, July and October of each 
 year succeeding the date of issuance of said bonds, the county treasurer of each county, 
 other than the county wherein the larger portion of the lands of said district is situ- 
 ated, shall transmit to the county treasurer of the county in which the larger portion 
 of the lands of said district is situated all sums then in his possession in said bond fund, 
 and the county treasurer of the county in which the larger portion of the lands of said 
 district is situated shall issue his receipt therefor. Such taxes shall be a lien upon all 
 the property within the territory comprising the district, and of the same force and 
 effect as other liens for taxes, and the collection of said taxes shall be enforced by the 
 same means and in the same manner as provided by law for the enforcement of liens 
 for county taxes. [Amendment of May 22, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 818.] 
 
 This section was also amended May 29, 1915, Stats. 1915, p. 916. 
 
 Redemption of bonds. 
 
 $ 10. Whenever there shall be in the bond fund of such district a surplus of one 
 thousand dollars or more, over and above the interest maturing before the next levy, the 
 treasurer shall give notice for two weeks in one or more newspapers of general circula- 
 tion, printed and published in the county in which such district is situated, stating the 
 amount of such surplus, and that on the day and hour named in such notice, sealed 
 proposals will be received at his office for the surrender of bonds of the district, and 
 shall at the time and place named open the proposals and accept the lowest bid; pro- 
 vided, that no bid shall be accepted for an amount exceeding the par value of such bonds 
 with accrued interest; if bids are not offered at par, or less, sufficient to exhaust the „ 
 amount on hand applicable to redemption, the treasurer shall publish for the same time ■I 
 and in the same manner a notice that he will redeem a bond or bonds of said district, 
 giving the number or numbers thereof, and that if not presented for redemption within 
 thirty days after the date of the first publication of such notice, the interest thereoD
 
 1 «-9 LEVEE DISTRICTS. Act 2518, § 1 
 
 will cease, and the amount due thereon will be set aside for the payment of such bond 
 or bonds whenever presented. If any such bond be not so presented, interest thereon 
 shall cease, and the amount due thereon shall be set aside as specified in said notice. 
 All redemption of bonds other than those voluntarily surrendered shall be made in the 
 exact order of their numbering, beginning with the lowest or first number. [Amend- 
 ment of May 22, 1917. In efeect July 27, 1917. Stats. 1917, p. 819.] 
 
 Act fid! authority for issuance and sale of bonds. Levee district fund. 
 
 ^ 11. This act shall without reference to any other act of the legislature of the state 
 of California be full authority for the issuance and sale of the bonds in this act author- 
 ized, which bonds shall have all the qualities of negotiable paper under the law mer- 
 chant, and when executed by the officials as provided in this act in conformity with the 
 provisions of this act, and when sold in the manner prescribed therein and the consid- 
 eration therefor received by the county treasurer for the benefit of said district, shall 
 not be invalid for any irregularity or defect in the proceedings for the issuance and sale 
 thereof, and shall be incontestible in the hands of bona fide purchasers or holders 
 thereof for value. The moneys obtained from the sale of such bonds shall be by the 
 
 county treasurer placed in a fund to be called the ** levee 
 
 district fund," and all payments of any of the exjoenses of the work or improvements 
 for which said bonded indebtedness was incurred shall be paid out upon warrants drawn 
 bj"^ the board of trustees of said levee district. [New section added May 22, 1917. In 
 effect July 27, 1917. Stats. 1917, p. 820.] 
 
 Old ^ 11. This act shall take effect immediately. 
 
 This section was not repealed, although a new section was added and given the same 
 number. 
 
 SACRAMENTO RIVER WEST SIDE LEVEE DISTRICT. 
 ACT 2518 — An act to create a levee district to be called and designated Sacramento 
 river west side levee district; to prevent the overflow of flood waters from the Sacra- 
 mento river from flooding onto the lands within said district by the construction of 
 levees along the west bank of the Sacramento river and adjacent thereto and main- 
 tain the same; providing for the election and appointment of officers of said levee dis- 
 trict; defining the powers, duties and compensation of such officers; and providing for 
 levying and collecting assessments upon the lands within said levee district. 
 
 History: Approved May 18, 1915. In effect August 8, 1915. Stats. 
 1915, p. 516. Amended May 26, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1211. 
 
 Sacramento river west side levee district created. Boundaries. 
 
 $1. A levee district is hereby created to be known and designated "Sacramento 
 river west side levee district," and is hereinafter in this act designated as "district," 
 the boundaries of which said district shall be as follows: 
 
 Beginning at a point seven hundred and sixty feet north, and three hundred and 
 twenty-six feet east of southeast corner of the northwest quarter of the northwest 
 quarter of section seven, in township eleven north, range two east, Mount Diablo base 
 and meridian, the same being a point of junction with the present existing levee around 
 reclamation district number seven hundred and eighty-seven and the center line of the 
 back or westerly levee of reclamation district number one hundred and eight; thence 
 running in a northwesterly and northerly direction along the center line and within the 
 right of way of the back or westerly levee of said reclamation district one hundred and 
 eight to a junction with the existing levee of reclamation district number one hundred 
 and eight; said levee being commonly known as the Howell Point levee, said junction 
 point being eight hundred and twenty-three feet north and six hundred and nine feet 
 east of the northwest corner of the northeast quarter of the southwest quarter of sec-
 
 Art 2518 GENERAL LAWS. 1430 
 
 tion thirty, township thirteen north, range one east, Mount Diablo base and meridian, 
 the center line of said levee right of way being more particularly described as follows: 
 Be^jinning at a point seven hundred and sixty feet north and two hundred and eight 
 feet east of the southeast corner of the northwest one-quarter of the northwest one- 
 quarter of section seven, township eleven north, range two east. Mount Diablo base and 
 meridian, and running thence northwesterly in a direct line through the northwest one- 
 quarter of the northwest one-quarter of section seven and the southwest one-quarter of 
 the southwest one-quarter of section six, township eleven north, range two east, the 
 south one-half of section one, the north one-half of the southeast one-quarter of section 
 two, the northeast one-quarter of section three in township eleven north, range one east, 
 and the south one-half of section thirty-four, township twelve north, range one east, to 
 a point three hundred feet north of the northwest corner of the southwest one-quarter 
 of the southwest one-quarter of said section thirty-four; thence in a direct line north- 
 westerly through the south one-half of section thirty-three, and the southeast one- 
 quarter of section thirty-two to the center of said section thirty-two, in township twelve 
 north, range one east, thence in a direct line northwesterly through the northwest one- 
 quarter of section thirty-two to the southeast corner of the northeast one-quarter of the 
 northeast one-quarter of section thirty-one, township twelve north, range one east; 
 thence in a direct line northwesterly across the northeast one-quarter of section thirty- 
 one, and the east one-half and the northwest one-quarter of section thirty, and the 
 southwest one-quarter of section nineteen, township twelve north, range one east, and 
 the southeast one-quarter of section twenty-four, township twelve north, range one 
 west, to a point three hundred feet west of the one-quarter section corner between sec- 
 tion nineteen, township twelve north, range one east, and section twenty-four, town- 
 ship twelve north, range one west; thence north, parallel with and three hundred feet 
 west of the Mount Diablo meridian between townships twelve north, range one east, 
 and one west; through the east half of the east half of section twenty-four, the east 
 half of the east half of section thirteen, the east half of the east half of section twelve, 
 and the east half of the east half of section one, in township twelve north, range one 
 west, to a point three hundred feet west of the corner to townships twelve and thirteen 
 north, ranges one east and one west; thence in a direct line northeasterly through thc' 
 southeast one-quarter of section thirty-six, township thirteen north, range one west, and 
 the west one-half of section thirty-one, township thirteen north, range one east, to a 
 point on the north line of section thirty-one, township thirteen north, range one east, 
 from whence the southeast corner of the southeast one-quarter of the southwest one- 
 quarter of section thirty, township thirteen north, range one east, bears west four 
 hundred and fifty-nine feet distant; thence in a direct line north no degrees fifty-three 
 minutes east one-half of a mile across the southwest one-quarter of section thirty, town- 
 ship thirteen north, range one east; thence from said point north no degrees fifty-tliree 
 minutes east eight hundred and twenty-two feet across the southeast one-quarter of the 
 northwest one-quarter of said section thirty, to a point in the right of way of the exist- 
 ing Ilowell Point levee. 
 
 Thence leaving said junction point with the said Howell Point levee of reclamation 
 district number one hundred and eight, said junction point being eight hundred and 
 twenty-three feet north and six hundred and nine feet east of the northwest corner of 
 the northeast quarter of the southwest quarter of section thirty, township thirteen north, 
 range one east. Mount Diablo base and meridian, and running along the center line 
 and within the existing right of way of said Howell Point levee of said reclamation 
 district number one hundred and eight northwesterly a distance of thirty-one thousand, 
 three hundred and sixty-nine feet, more or less, to a point on the center of said levee 
 and on the line between section four, township thirteen north, range one west and sec- 
 tion thirty-three, township fourteen north, range one west, Mount Diablo base and
 
 J431 LEVtIE DISTRICTS. Act Z518 
 
 meridian; thence following the center line of the existing reclamation district number 
 one hundred and eight back levee north forty-two degrees, forty-five minutes west, two 
 thousand five hundred and forty-two feet across the southwest one-quarter of section 
 thirty-three, township fourteen north, range one west. Mount Diablo base and meridian ; 
 thence across the northwest one-quarter of the southwest one-quarter of said section 
 thirty-three, and the northeast one-quarter of the southeast one-quarter of section 
 thirty-two, said township and range, north forty-eight degrees thirty-five minutes west 
 seven hundred and seventeen feet ; thence across the northeast one-quarter of the south- 
 east one-quarter, and the southeast one-quarter of the northeast one-quarter of section 
 thirty-two, said township and range, north nine degrees, thirty-eight minutes west, six 
 hundred and seventy-five feet; thence across the east half of the east half of sections 
 twenty-nine and thirty-two, said township and range, north three degrees, twenty-nine 
 minutes west, three thousand six hundred and fifteen feet; thence across the southeast 
 one quarter of section twenty-nine, and the southwest one-quarter of section twenty- 
 eight, said township and range, east six hundred and twenty-two feet to a point two 
 hundred and twenty-five feet east and forty-five feet south of the one-sixteenth corner 
 between the southeast quarter of section twenty-nine and the southwest quarter of sec- 
 tion twenty-eight, said township and range; thence across the west one-half of the west 
 one-half of section twenty-eight, said township and range, north no degrees, twenty- 
 three minutes east, eighteen hundred and sixty feet, more or less, to the center line of 
 Sycamore slough ; thence in a northerly direction along the center line of said slough to 
 a point where said slough crosses the line between sections five and six, township four- 
 teen north, range one west; thence north along said line, three thousand feet, more or 
 less, to the northeast corner of said section six; thence west along the north line of 
 said section, thirty-two hundred feet, more or less, to a point due south of the south- 
 west corner of the Davis west levee; thence north one hundred feet, more or less, to 
 the center line of the said Davis west levee; thence northerly along the center line of 
 said levee, one mile, more or less, to the south line of section thirty, township fifteen 
 north, range one west; thence west three-fourths mile more or less to the quarter sec- 
 tion corner between sections twenty-five and thirty-six, township fifteen north, range 
 two west; thence north two and one-half miles to the center of section thirteen, town- 
 ship fifteen north, range two west ; thence west one-half of a mile to the quarter section 
 corner between sections thirteen and fourteen, township fifteen north, range two west ; 
 thence north one mile to the quarter section corner between sections eleven and twelve, 
 township fifteen north, range two west; thence west one-half of a mile to the center of 
 said section eleven ; thence north one mile to the center of section two, township fifteen 
 north, range two west; thence west one-half of a mile to the quarter section corner on 
 the west boundary of the said section two ; thence north one mile to the quarter sectioi 
 corner between sections thirty-four and thirty-five, township sixteen north, range two 
 west; thence east through the center of said section thirty-five and along the center 
 line of road number sixty-four (old series), of Colusa county, one mile, more or less; 
 thence continuing northeasterly along the center line of the said road number sixty-four 
 (old series), the same being known as the "Colusa and Williams road," one and three- 
 eighths miles, more or less, to the south boundary line of the town of Colusa; thence 
 southeasterly along the south boundary line of the town of Colusa to the southeast cor- 
 ner thereof; thence northeasterly along the east boundary line of the town of Colusa 
 to a point where the said line intersects the right bank of the Sacramento river; thence 
 down the right bank of the Sacramento river to a point where the said right bank of 
 the Sacramento river intersects the right or southerly bank of Lower Sycamore slough ; 
 thence leaving the right bank of the said Sacramento river and running in courses and 
 distances as follows: South sixty-one degrees, thirty-five minutes, west two hundred and 
 fifty-nine feet; thence south three degrees, forty-three minutes west, one hundred and
 
 Act 2518, §§ 2, 3 GENERAL, LAWS. 1432 
 
 one and sixty five hundredths feet; thence south fifty-five degrees, twelve minutes west, 
 five hundred and fifteen and ninety-five hundredths feet; thence south twelve degrees, 
 twenty-seven minutes west, two hundred and sixty-five and seventy-four hundredths 
 feet; thence south forty-two degrees, thirty-four minutes west, six hundred and thirty- 
 nine and four-tenths feet; thence south thirty-nine degrees, thirty-four minutes west, 
 eight hundred and two and forty-seven hundredths feet; thence south fifty-eight degrees, 
 forty-one minutes west, three hundred and ninety-six and eight-tenths feet; thence 
 south fifty-two degrees, thirty minutes east, seven hundred and twenty-eight and seven- 
 tenths feet; thence south fifty-two degrees, eleven minutes east, five hundred and nine 
 and thirty-three hundredths feet; thence south forty-four degrees, forty-eight minutes 
 west, six hundred and ninety-nine and three-tenths feet; thence south eighty-eight 
 degrees, twenty-one minutes west, four hundred and eight and twenty-two hundredths 
 feet to the northeast corner of section twenty-two, township eleven north, range two 
 east. Mount Diahlo hase and meridian; thence north eighty-nine degrees, seventeen min- 
 utes, thirty seconds west, three hundred and forty-five and ninety-five hundredths feet; 
 thence north forty-five degrees, twenty-nine minutes, thirty seconds west, one thousand 
 four hundred and fifty feet, more or less, to the center line of the southerly levee of 
 reclamation district number seven hundred and eighty-seven; thence following said 
 center line of said levee in a northwesterly direction through the south one-half and 
 the northwest one-quarter of section fifteen of said township and range; thence con- 
 tinuing along the center line of said levee in a westerly direction through the south one- 
 half of the north one-half of section sixteen and the northeast one-quarter of section 
 seventeen, of said township and range; thence continuing along the center line of said 
 
 levee in a northwesterly direction northeast quarter and the northwest 
 
 quarter of said section seventeen, the southwest quarter of section eight, the southeast 
 quarter, the northeast quarter, and the northwest quarter of section seven, said town- 
 ship and range; thence continuing along the center line of said levee in a northerly 
 direction through" the northwest quarter of said section seven, to the point of beginning. 
 
 Commissioners. 
 
 ^ 2. The officers of said district shall consist of a board of five levee commissioners 
 who shall hold office for the term of four years from and after their election and quali- 
 fication and until their successors have been elected and qualified. Said levee commis- 
 sioners shall be selected from the district at large and each of them must at the time 
 of his election be the owner of at least forty acres of land in said district, the test of his 
 qualification as such commissioner to be such land ownership and not residence in the 
 said district. 
 
 Election. Notice of election. Election officers. Determination of acreage for purpose 
 of election. Vote by proxy. Polls open. Ballots. Certificate illegally issued. Com- 
 missioner takes office. 
 
 ^ 3. An election shall be held within forty days after the date upon which this act 
 shall take effect, and on the last Monday of October of every fourth calendar year there- 
 after, at which election said commissioners shall be elected. Said first election shall be 
 called by the reclamation board created by that certain act of the legislature of the 
 state of California, entitled: "An act approving the report of the California debris 
 commission transmitted to the speaker of the house of representatives by the secretary 
 of war on June 27, 1911, directing the approval of plans of reclamation along the Sacra- 
 mento river or its tributaries or upon the swamp lands adjacent to said river, directing 
 the state engineer to procure data and make surveys and examinations for the purpose 
 of perfecting the plans contained in said report of the California debris commission and 
 to make report thereof, making an appropriation to pay the expenses of such examina- 
 tions and surveys, and creating a reclamation board and defining its powers," approved 
 
 M
 
 1433 
 
 LEVEE DISTRICTS. Act 2518 
 
 I 
 
 December 24, 1911, or such board as may by law be made its successor. Said reclama- 
 tion board shall also designate the voting place for said first election and for all suc- 
 ceeding elections. Notice of the time and place of holding all elections shall be given 
 by said reclamation board by publication once a week for two weeks next pre- 
 ceeding such election, in some newspaper published in Colusa county and also 
 in some newspaper published in Yolo county. In the first election the reclama- 
 tion board shall, prior to the election, procure from the assessors of said coun- 
 ties of Yolo and Colusa, respectively, a list certified by such assessors, respectively, 
 containing a description of all the lands of the district situated in such counties, the 
 name of the person to whom each tract is assessed and the acreage thereof as it appears 
 from the last prior assessment roll of said counties, which said list shall be furnished to 
 and be used by the board of election hereinafter described in determining the number of 
 votes each voter is entitled to east. In all elections said reclamation board shall appoint 
 an inspector and two judges of election, who shall constitute a board of election for 
 such voting place. At the first election of commissioners each owner of land within said 
 levee district as above defined, shall be entitled to cast one vote, in person or by proxy, 
 for each commissioner to be elected therein for each acre of land or fraction thereof 
 owned by such landowner within said district, such acreage to be determined by the 
 aforesaid assessment roll of the county in which the same is situated. In case of town 
 lots, or where the acreage is not stated, the board of election oflScers shall determine 
 the amount of acreage therein. The estates of minors, incompetents, deceased persons 
 and beneficiaries under a trust shall be represented by the guardian, executor, adminis- 
 trator or trustee in person. Where a tract is situated partly within and partly without 
 the boundaries of such district, and the assessment roll contains the acreage of said 
 tract of land as a whole, the same must be apportioned according to the number of acres 
 lying within and without the boundaries of said district. In the case of all election? 
 after the first election hereinbefore provided for, each landowner in said district shall 
 be entitled to cast one vote, either in person or by proxy, for each commissioner to be 
 elected therein for each dollar, or fraction thereof, assessed against his land, as shown 
 by the first assessment list in said district as prepared by the assessors and heretofore 
 filed with the reclamation board, as provided in section six of this act, or in the event 
 that said assessment list has been equalized by the said reclamation board before the 
 time of said election, then as shown by the said assessment list so equalized by the 
 reclamation board. No person shall vote by proxy at such election, unless authority 
 to cast such vote shall be evidenced by an instrument in writing, duly acknowledged 
 and certified in the same manner as grants of real property, and filed with the board of 
 election. In ease no board of election shall be appointed, or if any member thereof 
 shall fail or refuse to serve, the landowners present at the time of the opening of such 
 election may appoint such board of election or supplj' the place of an absent member. 
 Each member of the board of election must, before entering upon the discharge of his 
 duties, be sworn to perform them faithfully. Any person entitled to vote at such elec- 
 tion may administer the oath. The polls shall be kept open from ten o'clock a. m, till 
 four o 'clock p. m. on the day of said election. The board of election must keep a list 
 of the names of the persons voting at such election, together with a statement of the 
 number of votes cast by each, and shall canvass the votes and make a return thereof 
 showing the number of votes cast for each person for levee commissioner and shall 
 return therewith said list containing the names of the landowners voting at sudh elec- 
 tion. Such election shall be by ballot, which ballots must contain the name of the per- 
 son voting same, the total number of votes cast, the names of the persons voted for and 
 the number of votes cast for each of said persons. The ballots must be inclosed in an 
 envelope by the election board, and delivered, with the election returns, to the said 
 reclamation board, and said reclamation board shall cause a certificate of election to be
 
 Act 3518, §§ 4, 5 GENERAIi LAWS. 1434 
 
 issued within five days to the person or persons receiving the highest number of legal 
 votes. If a certificate of election shall be issued to anj' person who has not received 
 the highest number of legal votes, and upon an affidavit being filed by a landowner in 
 the said levee district, setting forth that such person did not receive the highest num- 
 ber of legal votes, and giving the names of the persons who cast illegal votes for such 
 person, and the number of such illegal votes so cast, the said reclamation board shall 
 canvass the election returns, and hear evidence touching the legality of any votes cast, 
 and may revoke such certificate of election and issue a certificate to the person legally 
 elected. Within fifteen days after receiving a certificate of election, and before enter- 
 ing upon the duties of his office, each levee commissioner shall take the oath of office 
 prescribed by law, and file the same in the office of said reclamation board. All vacan- 
 cies in the board of levee commissioners shall be filled by the said reclamation board, 
 and such appointee shall hold office until the next succeeding election, and the qualifica- 
 tion of his successor. Such person shall possess the same qualifications as an elected 
 commissioner. [Amendment of May 26, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 1212.] 
 
 Officers of board. Meetings. Compensation. 
 
 '^ 4. The board of levee commissioners shall elect one of their number as president, 
 and shall elect a secretary who may or may not be a member of said board, and an 
 engineer, who shall not be a member of said board, and employ such other persons as 
 may be necessary to assist and advise said board. The office of said board of levee com- 
 missioners shall be such place as designated by said board, but the same may be changed 
 by the said board from time to time. The board shall hold regular meetings as the 
 by-laws of the district^ may pro\dde. At all meetings three of said members shall con- 
 stitute a quorum for the transaction of any and all business. Special meetings may be 
 called and held at such times and in such manner as the by-laws may provide. Any 
 meeting of the commissioners, at which all members of the board are present, shall be 
 deemed a regular meeting at which any business may be transacted. No commissioner 
 shall be disqualified from participating in any and all proceedings or actions of the 
 board of levee commissioners, except that he shall not cast a deciding vote upon a 
 motion or resolution to pay money or award a contract directly to himself. Each com- 
 missioner shall receive ten dollars per daj' and necessary mileage actually expended 
 while engaged in the performance of his duties. 
 
 Powers of board. Report on plans. To acquire levees on west bank. 
 
 $ 5. The board of levee commissioners shall have power to adopt by-laws not in 
 conflict with general laws ; to appoint an executive committee with such powers as shall 
 not be in conflict with general laws; to employ engineers and others to survey, plan, 
 locate and estimate the cost of the works necessary for the protection of the lands of 
 the district from the flood waters of the Sacramento river overflowing or coming there- 
 from on the west side of said river ; to thereafter, at any time, in its discretion, modify 
 or change such original plan or plans, or adopt new, supplemental or additional plan 
 or plans, when in its judgment the same shall have become necessary; provided, that 
 said board of levee commissioners must report to the said reclamation board such orig- 
 inal plan or plans of the work and every new, supplemental or additional plan, if any, 
 together with the estimates of the cost of the works necessary for the protection of the 
 lands of the district, in pursuance of any such plan or plans, together with an estimate 
 of incidental expenses; such plans and estimates shall include the cost of construction 
 and maintenance; to acquire from private persons, reclamation, swamp land, levee or 
 other public agencies or protection districts, or corporations, all rights of way, ease- 
 ments, existing levees, property and material, whether outside or within the limits of the 
 district, necessary or requisite for levees, by donation, contract, purchase or by proceed- 
 
 I
 
 I4a5 LEVEB DISTRICTS. Act 2518, g 
 
 ings under tbe provisions of title VII, part three of the Code of Civil Procedure of the 
 state of California for condemnation thereof in the name of the district, or any other 
 provision of law in relation to the right of eminent domain; to sue and be sued in the 
 name of said levee district and to do all other acts or things necessary or requisite for 
 the full exercise of its powers or necessary for the promotion of the protection of lands 
 within said levee district from the flood waters of the Sacramento river. It shall be the 
 duty of said board of levee commissioners to take such steps as may be necessary to 
 acquire dominion and control of all levees along or adjacent to the west bank of the 
 Sacramento river and within the said levee district, and to repair the breaks or open- 
 ings now therein; also to reconstruct all existing levees; also to construct and maintain 
 levees where there may be none, and generally to do all other things that it may deem 
 necessary or requisite to prevent the flood or overflow waters from the Sacramento 
 river flowing over or through the west bank or west levee thereof, either inside or out- 
 side of said levee district, entering the lands within said district, or any part thereof, 
 and, for this purpose, to control the levee or levees within said district along the west 
 bank of the said Sacramento river, or any levee or levees outside of said district, as may 
 be necessary, for such purpose; also to construct, reconstruct and repair and maintain 
 and protect such levees, and, for this purpose, to construct and maintain any protection 
 or works of any kind which may be deemed necessary for the purpose of assuring the 
 safety of such levees hereinbefore referred to, with a view of keeping the waters from 
 the Sacramento river flowing onto the lands within said district, or any part thereof. 
 
 Assessors. List of lands. Hearing. Approval of assessment. 
 
 § 6. The said reclamation board shall upon receipt of plans and estimates, as above 
 set forth, appoint three assessors, who shall be disinterested persons, and who shall 
 have no interest in any real estate within said levee district, and each of whom, before 
 entering upon his duties, shall make and subscribe an oath that he is not in any manner 
 interested in any real estate within said district, directly or indirectly, and that he will 
 perform the duties of an assessor to the best of his ability. Said assessors must assess 
 upon the land within said levee district the said sum so estimated and reported to the 
 board of levee commissioners, and shall apportion the same according to the benefits 
 that will accrue to each tract of land in said district, respectively, by reason of the 
 expenditure of said sums of money. Said assessors shall make a separate list of the 
 lands so assessed in each county, which list shall contain a description of the tracts of 
 land assessed, by swamp land surveys, legal subdivisions, or other boundaries or refer- 
 ences sufficient to identify the same; the name of the owner, if known or if unknown, 
 that fact; the amount of the charge assessed against each tract. No mistake in the 
 name of the owner or supposed owner, of any real estate shall invalidate the assessment. 
 Said lists shall be made in duplicate, each being made as an original, and, when com< 
 pleted, shall be filed with the said reclamation board of the state of California. The 
 said reclamation board shall appoint a time when it will meet for the purpose of hear- 
 ing objections to said assessment, and notice of such hearing shall be given by publica- 
 tion for two weeks in a newspaper of general circulation published in the county of 
 Yolo, and in a newspaper of general circulation published in the county of Colusa. At 
 any time before the date of such hearing any person interested in any land upon which 
 any charge has been assessed may file written objections to such assessment with said 
 reclamation board stating the grounds of such objections, which said statement shall be 
 verified by the affidavit of such person, or some other person who is familiar with the 
 facts. At said hearing the said reclamation board shall hear such evidence as may be 
 offered in support of said written objection, and may modify or amend the assessment 
 in any particular, or make a re-apportionment of the entire assessment. If the amount of 
 any assessment in said list shall be changed, the said reclamation board shall set a day 
 for hearing objections to said assessment as changed, and shall give notice thereof by
 
 Act 231S. § 7 
 
 GE:NE)RAIi LAWS. 1436 
 
 publication for two weeks in a newspaper of general circulation published in the county 
 of Yolo, and in a newspaper of general circulation published in the county of Colusa. 
 At such hearing objections in writing may be made by any person interested, and the 
 reclamation board shall proceed to hear the same in the same manner as upon the 
 original hearing. If the amount of any assessment shall again be changed, the said 
 reclamation board shall proceed as before to give notice and to hear objections thereto, 
 and shall proceed in a similar manner until the amount of each assessment shall be 
 finally fixed and approved. The said reclamation board shall then make an order 
 approving said assessment, and shall endorse such order upon such assessment list, and 
 the duplicate original thereof, which said order shall be signed by the chairman of said 
 reclamation board and attested by the clerk or secretary thereof, and such decision of 
 said reclamation board shall be final, and thereafter said original assessment list and 
 duplicate original assessment list shall be conclusive evidence that the said assessment 
 has been made and levied according to law. Immediately after the approval of said 
 assessment, the original shall, by the said reclamation board, be deposited in the oflBce of 
 the county treasurer of Colusa county, and the duplicate original of said assessment list 
 sball be deposited by said reclamation board in the office of the county treasurer of 
 Yolo county. 
 Charges become lien. Statement that assessment delinquent. Interest. 
 
 $ 7. From and after the filing of the original list with the county treasurer of Colusa 
 county, and from and after the filing of the duplicate original list with the county 
 treasurer of Yolo county, the charges assessed upon any tract of land within each 
 respective county shall constitute a lien thereon, and shall impart notice thereof to all 
 persons. No subsequent act or conduct of the commissioners shall invalidate said assess- 
 ment or lien, but such commissioners may be compelled by mandate or other proper pro- 
 ceeding to perform their duties, as required by law. The list thus prepared and filed 
 must remain in the offices of the respective treasurers for thirty days from such filing, 
 or longer if ordered by the board of levee commissioners, and during the time they so 
 remain, any person may pay the amount of the charge assessed against any tract of 
 land to the treasurer of the county in which such tract is situated, in gold coin of the 
 United States, or in warrants of the district. At the end of thirty days the treasurers 
 must return the lists to the board of commissioners of the district. The said board, from 
 time to time in its discretion, may, by order entered in its minutes, direct the said 
 assessment to be collected and paid in separate installments, of such amounts and at 
 such time, respectively, as the said board may determine. After any order has been 
 made calling in an installment of assessment, the secretary of the said district, for the 
 information of the landowners, shall mail to each landowner, as described in the said 
 assessment list, if his address be known to such secretary, or, if not, then to the county 
 seat of the county in which such land may be situated, a statement stating the amount 
 of the call of such assessment, and stating further that said installment, if unpaid at 
 the expiration of thirty days from the date of such order, shall become delinquent, 
 which said statement shall be mailed by said secretary within ten days after the date 
 of any such order calling in any installment of such assessment, and each installment of 
 assessment, from the time of the order of said board directing the same to be collected 
 and paid, shall bear interest at the rate of seven per cent per annum until paid; if 
 any such installment shall remain unpaid at the expiration of thirty days from the date 
 of the order, then said installment shall become delinquent, together with the accrued 
 interest thereon, and ten per cent of the amount of said installment and interest shall 
 be added thereto, and collected for the use of the district; provided, further, that the 
 commissioners must on the first day of January of each year, order the collection of a 
 sufficient amount of said assessment to pay all warrants that have been issued and out- 
 standing for a period of two years or more, together with the interest on such warrants.
 
 1437 LEVEE DISTRICTS. Act 2518 
 
 Immediately after the said installment has become delinquent, the board of levee com- 
 missioners must publish a notice at least once each week for three weeks in some news- 
 paper of general circulation published in the county or counties in which any land upon 
 which such installment may be delinquent is situated, which notice shall contain a 
 description of the property assessed, the name of the person to whom it is assessed, or 
 a statement that it is assessed to unknown owners, if such be the fact; the amount of 
 the delinquent installment, the amount of the interest at the date of delinquency, the 
 amount of the penalty that has been added as above provided, and a notice that the 
 property assessed will be sold on a date therein stated, at such time and place in said 
 district as the board of commissioners may in said notice designate, to pay said install- 
 ment with accrued interest and the penalty hereinbefore specified. 
 
 Sale of property. Purchase by district. Redemption of property. 
 
 At the time stated in said notice, or such other time to which said sale may have been 
 postponed, the commissioners must sell said property to the highest bidder for gold coin 
 of the United States. Out of the proceeds of said sale the commissioners must pay the 
 amount of said installment with the accrued interest thereon and the penalty herein 
 provided for to the county treasurer of the county of Colusa who shall place the same 
 in the proper funds of said district, and the commissioners must pay to the owner of 
 said property any surplus remaining after such payment to said county treasurer. The 
 commissioners may postpone said sale from time to time by a written notice posted at 
 the place of sale. If no bid is made for said property equal to the amount of said install- 
 ment, accrued interest and penalty, the district shall become the purchaser, and the 
 said property must be struck off to the district for the amount of said installment, 
 accrued interest and penalty. A certificate of such sale shall be executed by the com- 
 missioners of said levee district to the purchaser, or to the disti-ict, if the property 
 shall have been struck off to the district, and said certificate of sale shall be recorded in 
 the office of the county recorder of the county in which the land sold is situated, or if 
 situated in two counties, then in the office of the county recorder of each thereof. Any 
 person interested in said property may redeem the same at any time within one year 
 after the date of said sale, by paying in gold coin or in warrants of said district, to the 
 countv treasurer of Colusa county the amount of said installment with the accrued 
 interest and penalty, and interest on the said sums at the rate of two per cent per month 
 from the date of said sale. 
 
 Sale at public auction. 
 
 If no redemption shall be made within said one year, the purchaser, or the district, 
 if said property shall have been sold to the district, shall be entitled to a deed executed 
 by said commissioners, and the effect of such deed shall be to convey said property free 
 of all liens and incumbrances, excepting state, county and municipal taxes, and the liens 
 of assessments now levied or which may hereafter be levied by any of the reclamation 
 districts situate within said levee district, or by the Knights Landing Ridge drainage 
 district, and the unpaid balance of said assessment of said levee district, if any, which 
 said balance must be called in and collected in the same manner as other assessments; 
 provided, that where said property shall have been deeded to the district and shall not 
 have been sold by the commissioners, the same shall not be offered for sale for subse- 
 quent installments of said assessments so long as the district shall remain the owner of 
 said property, but the commissioners may sell said property at any time at public 
 auction after notice given for the same period and in the same manner as is herein pro- 
 vided for sales for delinquent installments, but not for a sum less than all delinquent 
 unpaid installments with accrued interest and penalties, and the deed executed in pur- 
 suance of such sale shall convey said property free of all incumbrances, except state,
 
 Act 2518 GENERAL, LAWS. 1438 
 
 county and other municipal taxes, the lien of any assessments levied or which may 
 hereafter be levied by anj' reclamation district within said levee district, or the Knights 
 Landin"' Ridge drainage district, and the unpaid balance of said assessment. 
 
 Land not charged to be charged later. Correction of errors. 
 
 In all cases where an assessment has been, or shall hereafter be, levied for any pur- 
 pose on the lands embraced within said levee district, if, for any reason, any tract or 
 tracts of land shall not have been charged with said assessment, then such tract or 
 tracts of land shall be charged in any subsequent assessment with such proportion of 
 the former assessment as the benefits derived by said lands from the levee works, for 
 which said former assessment was levied, bears to the whole amount of said former 
 assessment; or a subsequent reassessment of such tract or tracts of land may be made 
 separately for the purpose of charging said land with its proper proportion of the costs 
 of levee protection. Such reassessment shall be made by assessors appointed by the 
 reclamation board, as provided by this act, and must be made and approved in the same 
 manner as other assessments. The assessors appointed by the reclamation board must 
 make a list of the charges assessed against each tract of land ; and, if there be any error 
 or mistake in the description of the land or in the name of the owner, or if any land 
 which should be assessed has been, or shall be, omitted from the list, or if there is any 
 error or mistake in any other respect, the said assessors may amend or correct the same 
 at any time before the filing of such list with the reclamation board as hereinbefore 
 provided. Where payment is made in warrants of the district, legal interest must be 
 computed thereon from the date thereof to the time of such payment, when said war- 
 rants must be surrendered to the county treasurer of the county of Colusa and by him 
 canceled. 
 
 In the event that any landowner of the said district shall have paid the amount, or 
 any portion of the amount, assessed against any tract of land before said assessment 
 shall have been adjudged invalid, in whole, or in part, the amount so paid by said land- 
 owner, together with legal interest thereon from the date of such payment, shall be a 
 credit and shall be credited by the treasiirer of the county where the assessment list is 
 filed, or by said district, or upon any subsequent assessment on the tract of land on 
 which the said invalid assessment was paid, or be applied in satisfaction pro tanto of 
 any such subsequent assessment thereafter levied on said tract. 
 
 To whom payments are made. 
 
 All installments of assessment, after the original list and the duplicate original have 
 been returned by the respective county treasurers to the board of levee commissioners 
 that may be called in, shall be paid to the secretary of said board of levee commis- 
 sioners, and the same and also all proceeds from any delinquent sale shall be paid into 
 the county treasury of the county of Colusa, and be placed by the treasurer thereof to 
 the credit of said district, and paid out upon warrants issued by the board of levee 
 commissioners. At any time an assessment on any tract of land may be paid in full, 
 notwithstanding the same has not been called in by the board of levee commissioners. 
 
 Moneys deposited in county treasury. 
 
 All moneys received from any source by the board of levee commissioners shall be 
 paid by the said board, or the secretary thereof, into the county treasury of Colusa 
 county, and be placed by the treasurer to the credit of the district, and paid out upon 
 the warrants of the board of levee commissioners in the manner hereinbefore provided. 
 
 On the first Monday of each month the county treasurer of Yolo county shall transmit 
 to the county treasurer of Colusa county all moneys that may be in his hands to the 
 credit of said district arising from any source, and, likewise, all warrants that may be
 
 k 
 
 i43» LEVEE DISTRICTS. Act 2518, g§ 8, 9 
 
 delivered in payment of any assessment, and all such moneys shall thereupon be placed 
 to the credit of said district by said county treasurer of Colusa county. [Amendment 
 of May 26, 1917. In effect July 27, 1917. Stats. 1917, p. 1214.] 
 
 Payment of warrants. 
 
 $ 8. The warrants drawn by the commissioners must be presented to the treasurei 
 of the county of Colusa, and if they are not paid on presentation, such indorsement 
 must be made thereon and they must be registered and bear interest from the date of 
 such warrants at the rate of seven per cent per annum and shall be payable in the order 
 of their registration. Such warrants are, and shall be, considered as contracts in writ- 
 ing for the payment of money, and the period prescribed for the commencement of an 
 action based upon the said warrants, or connected therewith, is, and shall be, the term 
 of four years from the date of their issuance. Any owner of land in the district may, 
 at any time, pay any assessment thereon, or any part thereof, with warrants of the 
 district. No warrant shall be paid or received on an assessment, except within four 
 j^ears after the date of its issuance. The board of levee commissioners and the county 
 treasurer of Colusa county must cancel all warrants not paid within four years after 
 the date of issuance; provided, that any warrant not paid or received on assessment 
 within four years after date of the issuance may, before the expiration of such four 
 years, upon the demand of the owner or holder, be extended for a like period of four 
 years upon the presentation of the same to the board of commissioners of the district, 
 such extension being indorsed thereon by the said board and a record thereof filed with 
 the county treasurer of Colusa county. Said warrants may also thereafter be renewed 
 from time to time in the same manner. 
 
 In case of action on warrant 
 
 In case an action or proceeding, based upon any warrant or connected therewith, be 
 commenced within four years from the date of issuance of such warrant and final judg- 
 ment be obtained in favor of the owner or holder thereof, such warrant shall be paid 
 or received on assessment in like manner as if it had been paid or received on assess- 
 ment before the expiration of said four years from the date of its issuance. In any 
 proceedings for a writ of mandate to compel the board of levee commissioners to issue 
 a warrant, if a controversy arises as to the amount that may be due to the plaintiff, 
 the court must determine the same in the manner provided for determining contro- 
 versies in other civil actions and shall cause a writ to issue for such sum as may be 
 found to be due. At any time after the issuance of a warrant the holder or owner 
 thereof with the consent of the board of levee commissioners may surrender the said 
 warrant, and a new warrant for the face thereof and accrued interest thereon shall 
 thereupon be issued to the owner or holder in the same manner as the original warrant. 
 Whenever there shall be sufficient moneys in the county treasury of Colusa county to 
 the credit of said levee district to pay any warrant or warrants which have been regis- 
 tered and drawing interest, the said county treasurer must give notice by a written 
 notice posted in a conspicuous place in his oflSce, stating therein that he is ready to pay 
 such warrants. From and after the date of posting such notice, such warrants shall 
 cease to draw interest. 
 
 Reclamation districts not interfered with. 
 
 $ 9. Nothing in this act is intended to, or shall be construed to, authorize or em- 
 power the said board of levee commissioners, or the said levee district, in any way to 
 interfere with the management or control of reclamation districts numbers one hundred 
 eight, seven hundred eighty-seven and four hundred seventy-nine, or any of them, or 
 any other reclamation district situate within the boundaries of said levee district, or 
 within the Knights Landing ridge drainage district, or to supersede the powers of
 
 Act. 2522. 2527. §§ 1. 2 GENERAL LAWS. 14 10 
 
 any of them, or such districts, or any of them, except as to the control, construction 
 and maintenance of the levee or levees along or adjacent to the eastern line of said 
 levee district, the same being along or near the west bank of the Sacramento river, so 
 as to prevent the overflow of flood waters from said Sacramento river flowing on to 
 the lands within said levee district, or any part thereof, together with such protection 
 or other works that may be necessaiy to protect the said levee or levees now existing, 
 or that may hereafter be constructed, or reconstructed, or raised, or widened, or any 
 new levee that may be hereafter constructed for such purpose. 
 
 $ .10. In case the said reclamation board should be abolished by law, and a new 
 board is created by law, succeeding to the powers thereof, then all the duties to be 
 performed by said reclamation board shall be performed by its legal successor, and 
 if there be no such legal successor, in the event of such abolition, then by the board of 
 supervisors of the county of Colusa. 
 
 ^ 11. All acts and parts of acts inconsistent with the provisions of this act are 
 hereby repealed. 
 
 The amending act of 1917 contained the following section: 
 
 Repealed. 
 
 $ 3. All acts and parts of acts in conflict with this act are hereby repealed. 
 
 CHAPTER 289. 
 LEXINGTON. 
 ACT 2522— Lexington, Los Angeles county, name changed to El Monte. 
 History: Approved April 3, 1876. Stats. 1875-76, p. 854* 
 
 CHAPTER 195. 
 
 LIBEL. 
 
 References: Actions for, see Kerr's Cyc. Code Civil Procedure, §§ 460, 461. 
 
 Definition of and recovery for, see Kerr's Cyc. Civil Code. §§ 43-45, 47, 48. 
 
 CONTENTS OF CHAPTER. 
 ACT 2527. Undertaking for Costs. 
 
 UNDERTAKING FOR COSTS. 
 ACT 2527 — An act concerning actions for libel and slander. 
 
 History: Approved March 23, 1872, Stats. 1871-72, p. 533. Amended 
 April 16, 1880, Stats. 1880, p. 81. 
 
 Undertaking. 
 
 $ 1. In an action for libel or slander the clerk shall, before issuing the summons 
 therein, require a written undertaking on the part of the plaintiff in the sum of five 
 hundred (500) dollars, with at least two competent and sufficient sureties, specifying 
 their occupations and residences, to the effect that if the action be dismissed or the 
 defendant recover judgment, that they will pay such costs and charges as may be 
 awarded against the plaintiff by judgment or in the progress of the action, or on an 
 appeal, not exceeding the sum specified in the undertaking. An action brought without 
 filing the undertaking required shall be dismissed. 
 
 Sureties. 
 
 § 2. Each of the sureties on the undertaking mentioned in the first section shall 
 annex to the same an affidavit that he is a resident and householder or freeholder 
 within the county, and is worth double the amount specified in the undertaking, over 
 and above all his just debts and liabilities, exclusive of property exempt from execution.
 
 ^441 LIBKJL. Act 2527, g§ 1, » 
 
 Exception to snreties. 
 
 $ 3. Within ten days after the service of the summons, the defendants, or either of 
 them, may give to the plaintiff, or his attorney, notice that they or he except to the 
 sureties and require their justification before a judge of the court at a specified time and 
 place, the time to be not less than five or more than ten days thereafter, except by 
 consent of parties. The qualifications of the sureties shall be as required in their affi- 
 davits. [Amendment approved April 16, 1880. Stats. 1880, p. 81.] 
 
 Justification. 
 
 ^ 4. For the purpose of justification each of the sureties shall attend before the 
 judge at the time and place mentioned in the notice, and may be examined on oath 
 touching his sufficiency in such manner as the judge in his discretion shall think proper. 
 The examination shall be reduced to writing if either party desires it. 
 
 Approval. New undertaking. 
 
 $ 5. If the judge find the undertaking sufficient, he shall annex the examination to 
 the undertaking and indorse his approval thereon. If the sureties fail to appear, or 
 the judge finds the sureties or either of them insufficient, he shall order a new under- 
 taking to be given. The judge may also at any time order a new or additional under- 
 taking upon proof that the sureties have become insufficient. In case a new or addi- 
 tional undertaking is ordered, all proceedings in the case shall be stayed until such 
 undertaking is executed and filed, with the approval of the judge. 
 
 Failure to file bond. 
 
 ^ 6. If the undertaking as required be not filed in five days after the order therefor, 
 the judge or court shall order the action to be dismissed. 
 
 Costs. 
 
 ^ 7. In case plaintiff recovers judgment, he shall be allowed as costs one hundred 
 (100) dollars, to cover counsel fees, in addition to the other costs. In case the action 
 is dismissed, or the defendant recover judgment, he shall be allowed one hundred (100^ 
 dollars, to cover counsel fees, in addition to the other costs, and judgment therefor 
 shall be entered accordingly. 
 
 1. Act not repealed by Code of Civil act unless included in the memorandum of 
 Procedure. — This act was not repealed by costs. — McKinney v. Roberts, 2 Cal. Unrep. 
 the Code of Civil Procedure. — Smith v. Mc- 532. 
 
 Dermott, 93 Cal. 421. 8. Costs. — The amount of recovery of 
 
 2. Act not repealed by the constitution. costs in actions for libel and slander is gov- 
 — The act was not repealed by the adoption erned by code provisions. — Engel v. Ehret, 
 of the constitution. — Smith v. McDermott, 21 Cal. App. 112. 
 
 93 Cal. 421. 9^ Same — Where recovery is less than 
 
 3. Constitutionality — Not a special la^v. ^300. — The act does not give any costs be- 
 — The act is not a local or special law, yond the amount allowed by the code, and 
 within the meaning of the constitution. — ^ plaintiff where recovery is less than $300 
 Smith V. McDermott, 93 Cal. 421. is ^ot entitled to costs. — Jacobi v. Bauer, 
 
 4. Same.^The act is constitutional. — 55 q^i 554 
 
 Smith V. McDermott, 93 Cal. 421; Carpenter „„„*„ „* *v,^ 
 
 . , , H /. ^ , . ono 10' Same — Later trial. — The costs of the 
 
 V. Ashley, 16 Cal. App. 302. ^^.i-i << i* 4. ■ , ■ v. ^J v, 
 
 „ . _ ,^, first trial may, if a later trial is held, be 
 
 5. Same — Recovery of counsel fees. — ihe ^ , ■ ^ ^ ^t. -i- 
 
 taxed m favor of the prevailing party. — 
 
 provision allowing either party to recover _ . _ , 01 /-> i a nor 
 
 ' , ^ . X i. ^- , T-, , Pouchan v. Godeau, 21 Cal. App. 365. 
 counsel fees is constitutional. — Engel v. 
 
 Ehret 21 Cal. App. 112. 1^* Bond — Defendant's benefit. — The 
 
 6. Attorney's fee not costs.— The allow- bond here required is for the defendant's 
 ance of one hundred dollars attorney's fee benefit.— Becker v. Schmidlin, 153 Cal. 669. 
 is not costs but a penalty and should be 12. Same — Failure to file. — The failure 
 taxed in the statutory amount after final to file the undertaking required by the act 
 judgment. — Pouchain v. Godeau, 21 Cal. does not deprive the court of jurisdiction, 
 App. 365. and If objection is made because of such 
 
 7. Same — Recovery of counsel fees. — failure, the court may allow the plaintiff 
 Counsel fees are not recoverable under the time to file the undertaking. — Dixon v. 
 
 Gen. Laws— 91
 
 Act 2S30. Be 1-S CENKRAL LAWS. 1443 
 
 Allen. 69 Cal. 527; Stlnson v. Carpenter, 78 15. Sanir — Immuc of aammona within 
 
 C«l. 671; necker v. Sihmldlln, 153 Cal. 669. yrnr. — A defendant In an action for libel, 
 
 IS. Same — Sureties ninat be renhlenti* of who appeared by attorney, specially, to 
 
 rouuty. — Tl»e sureties on the bond must be move for its dismissal on the ground of a 
 
 residents of the county where the action Is failure to have summons issued within a 
 
 bruUKht. and a bond by non-resident sure- year, is entitled on a dismissal of the ac- 
 
 tles Is defective, and If no other bond is tlon to one hundred dollars for attorney's 
 
 Kiven or ofTerod the action is properly dis- fee, and his right in this respect is not 
 
 ini.ssed — Smith v. McDermott, 93 Cal. 421. limited by the plaintirf's failure to file the 
 
 14. DUmlanal — Failure to file undertnk- undertaking required by the act. — Gaftey v. 
 
 Ibk. — Th«- right of a dismissal of an action Mann, 3 Cal. App. 124. 
 
 for libel for a cause recited in § 581, Code 10. .Same — Contm. — When an action for 
 
 of Civil Procedure, is not limited by the libel is dismissed and judgment for costs 
 
 provisions of the act as to dismissal for rendered for defendant, plaintiff can not 
 
 failure to (Me an undertaking for costs un- appeal, except as to the judgment for costs 
 
 der thia act. — QafCey v. Mann, 8 CaL App. and if they amount to less than |300, the 
 
 124. supreme court is without jurisdiction.^ 
 
 Oullahan v. Morrlssey, 73 Cal. 297. 
 
 CHAPTER 195a. 
 
 LIBRARIES. 
 
 References: County law libraries, see Kerr's Cyc. Political Code, §§ 4190, et seq. 
 District Courts of Appeal, libraries, see Kerr's Cyc. Political Code, § 760. 
 Law Library Association of San Francisco, see Kerr's Cyc. Political Code, S 1486b. 
 School libraries, see Kerr's Cyc. Political Code, §§ 1712, et se«t 
 State library, see Kerr's Cyc. Political Code, §§ 2292, et seq. 
 Supreme court library, see Kerr's Cyc. Political Code, § 753. 
 See, generally, Kerr's Cyc. Civil Code, tit. "Associations." 
 
 CONTENTS OF CHAPTER. 
 ACT 2530. Municipal Public Libraries. 
 2.530a. County Free Libraries. 
 
 2530b. Public Libraries in Unincorporated Towns. 
 2530c. Deposit of Newspaper Files in Public Libraries. 
 
 MUNICIPAL PUBLIC LIBRARIES. 
 
 ACT 2530 — An act to provide for the establishment and maintenance of public libraries 
 
 within municipalities. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 557. Amended 
 March 20, 1905, Stats. 1905, p. 296; April 12, 1909, Stats. 1909, p. 823. 
 Prior act of March 18, 1878, Stats. 1877-78, p. 329, repealed by the act 
 of April 26, 1880, Stats. 1880, p. 231, which was repealed by the present 
 act. 
 
 Establishment. 
 
 V 1. The common council, board of trustees, or other leg'islative body of any incor- 
 porated city or town in the state of California, may, and upon being requested to do 
 so by one-fourth of the electors of such municipal corporation in the manner herein- 
 after provided, must, by ordinance, establish in and for said municipality a public 
 library, provided, there be none already established therein. 
 
 Petitions for. 
 
 ^ 2. The request referred to in the preceding section may be by a single petition, 
 or by several petitions; provided, that such several petitions be substantially in the 
 same form, and that such single petition has, or such several petitions in the aggregate 
 have, the signatures of the requisite number of electors. 
 
 Management 
 
 $ 3. Such public library shall be managed by a board designated as the board of 
 library trustees, consisting of five members, to be appointed by the mayor, president 
 of the board of trustees or other executive head of the municipality, by and with thff
 
 1443 LIBRARIES. Act 2530. g§ 4-6 
 
 consent of the legislative body of said municipality. Such tmstees shall severally hold 
 office for three years, serving without compensation; provided, that the members of the 
 first board appointed shall so classify themselves by lot that one of their number shall 
 go out of ofiSce at the end of the current fiscal year, two at the end of one year there- 
 after, and the other two at the end of two years thereafter. Men and women shall be 
 equally eligible to such an appointment, and vacancies shall be filled by appointment 
 for the unexpired term in the same manner. 
 
 Trustees, meetings of. 
 
 $ 4. Boards of library' trustees shall meet at least once a month at such times and 
 places as they may fix by resolution. Special meetings may be called at any time by 
 three trustees, by written notice served upon each member at least three hours before 
 the time specified for the proposed meeting. A majority of the board shall constitute 
 a quorum for the transaction of business. Such boards shall appoint one of their 
 number president, who shall serve for one year and until his successor is appointed, and 
 in his absence shall select a president pro tern. Such boards shall cause a proper record 
 of their proceedings to be kept. [Amended by Stats. 1909, p. 823, though title did not 
 state this section was amended. Also amended in 1905. Stats. 1905, p. 296.] 
 
 Powers of trustees. 
 
 ^ 5. Boards of library trustees shall have power: 
 
 First — To make and enforce all rules, regulations and by-laws necessary for the 
 administration, government and protection of the libraries under their management 
 and all property belonging thereto. 
 
 Second — To administer any trust declared or created for such libraries, and receive 
 by gift, devise, or bequest and hold in trust or otherwise, property situated in this 
 state or elsewhere, and where not otherwise provided, dispose of the same for the 
 benefit of such libraries. 
 
 Third — To prescribe the duties and powers of the librarian, secretary and other 
 officers and employees of any such libraries; to determine the number of and appoint 
 all such officers and employees, and to fix their compensation, which said officers and 
 employees shall hold their offices or positions at the pleasure of said boards. 
 
 Fourth — To purchase necessary books, journals, publications and other personal 
 property. 
 
 Fifth — To purchase such real property, and erect or rent and equip, such buildings 
 or building, room or rooms, as may be necessary, when in their judgment a suitable 
 building, or portion thereof, has not been provided by the legislative body of the munici- 
 pality for such libraries. 
 
 Sixth — To require the secretary of state and other state officials to furnish such 
 libraries with copies of any and all reports, laws and other publications of the state 
 not otherwise disposed of by law. 
 
 Seventh — To borrow books from, lend books to and exchange the same with other 
 libraries, and to allow non-residents to borrow books upon such conditions as they may 
 prescribe. 
 
 Eighth — To do and perform any and all other acts and things necessary or proper 
 to carry out the provisions of this act. 
 
 Annual reports. 
 
 $ 6. Boards of library trustees shall, on or before the last day of July in each year, 
 make a report to the legislative body of their municipality, giving the condition of the 
 library on the thirtieth day of June preceding, together with a statement of their pro- 
 ceedings for the year then ended, and forward a copy thereof to the state library at 
 Sacramento. [Amended April 12, 1909. Stats. 1909, p. 825, though title did not state 
 this section was amended. Also amended in 1905. Stats. 1905, p. 297.]
 
 Act 1:5:50. Sg 7-13 GENERAL LAWS. 1444 
 
 Annual tax levy. 
 
 ^ 7. The legislative body of any municipality in which a public library has been 
 established in accordance with this act, shall in making the annual tax levy and as 
 part tliereof, if the maintenance of the library has not been otherwise provided for, 
 levy a tax for the purpose of maintaining such library and purchasing property neces- 
 sary therefor, which tax shall be in addition to other taxes, the levy of which is per- 
 mitted in the municipality. Provided that after two yea.j from the establishment of 
 new libraries thereunder, where a maintenance corresponding thereto, has not been 
 otherwise provided, in municipalities of the first, second and third classes, such tax 
 levy shall not exceed two mills on the dollar of assessed valuation, and in munici- 
 palities of the fourth, fifth and sixth classes such levy shall not exceed three mills on 
 the dollar of assessed valuation. [Amended April 12, 1909. Stats. 1909, p. 825.J 
 
 Disposition of revenue. 
 
 ^ 8. The revenue derived from said tax, together with all money acquired by gift, 
 devise, bequest, or otherwise, for the purposes of the library, shall be apportioned to 
 a fund to be designated the library fund, and be applied to the purposes herein author- 
 ized. If such payment into the treasury should be inconsistent with the conditions or 
 terms of any such gift, devise, bequest, the board shall provide for the safety and pre- 
 sersation of the same, and the application thereof to the use of the library, in accord- 
 ance with the terms and conditions of such gift, devise or bequest. Payments from this 
 fund shall be made upon warrants issued after due audit by, and an order from, the 
 library trustees, which warrants shall be signed by the president and secretary of said 
 board of librarj' trustees. The treasurer of the municipality shall pay such warrants 
 without any further order or warrant from any other authority. [Amended April 12, 
 1909. Stats. 1909, p. 825.] 
 
 Library to be free. 
 
 ^ 0. Every library established under this act shall be forever free to the inhabitants 
 and nonresident taxi^ayers of the municipality, subject always to such rules, regula- 
 tions and by-laws as may be made by boards of library trustees ; and provided, that for 
 violations of the same a person may be fined or excluded from the privileges of the 
 library. 
 
 Loaning of books. 
 
 ^ 10. Boards of library trustees and the legislative bodies of neighboring munici- 
 palities or boards of supervisors of the counties in which public libraries are situated, 
 may contract for lending the books of such libraries to residents of such counties or 
 neighboring municipalities, upon a reasonable compensation to be paid by such counties 
 or neighboring municipalities. 
 
 Title to property, shall vest in whom. 
 
 ^ 11. The title to all property acquired for the purposes of such libraries, when not .j, 
 inconsistent with the terms of its acquisition, or otherwise designated, shall vest in the ,^ 
 municipalities in which such libraries are, or are to be, situated, and in the name 
 of the municipal corporations may be sued for and defended by action at law or 
 otherwise. 
 
 Act of 1880 repealed. 
 
 ^ 12. An act entitled "An act to establish free public libraries and reading rooms," 
 approved April twenty-six, eighteen hundred and eighty, is hereby repealed; provided, 
 that as to existing libraries this act is to be deemed a contimaation thereof, and such 
 libraries shall be governed hereby accordingly; provided, however, that this act shall 
 
 ^i
 
 1445 LIBRARIES. Act 2530a, §§ 1-3 
 
 have no application to any library established or governed by the provisions of a 
 city charter, and the provisions of any city charter shall in no manner be affected by 
 this act. 
 
 Disestablishment of library. 
 
 $ 13. Any ordinance establishing a library adopted lander the provisions of section 1 
 of this act must be repealed by the body which adopted the same upon being requested 
 to do so by fifty-one per cent of the electors of such municipal corporations, as shown 
 by the great register then in force, and upon the repeal of such ordinance such library 
 shall be disestablished in such municipal corporation. [Amended April 12, 1909. Stats. 
 1909, p. 826, though title stated that this section was stricken out.] 
 
 The amending act of 1909 contained the following: 
 
 § 2. All acts and parts of acts inconsistent with this act are hereby modified in 
 accordance with this act. 
 
 1. PoT\er of board to control funds donated to city. — A board of library trustees under 
 this act are not entitled to control the construction of a public library building- with a 
 fund donated to the city eo nomine, and not to the trustees. — Board of Library Trustees 
 V. Board of Trustees, 2 Cal. App. 760. 
 
 COUNTY FREE LIBRARIES. 
 
 ACT 2530a — An act to provide for the establishment and maintenance of county free 
 
 libraries in the state of California, and repealing "An act entitled 'An act to provide 
 
 county library systems,' approved April 12, 1909, and aU acts and parts of acts in 
 
 conflict with this act." 
 
 History: Approved February 25, 1911, Stats. 1911, p. 80. Amended 
 (1) June 1, 1917; in effect July 31, 1917, Stats. 1917, p. 1610; (2) 
 March 31, 1919; in effect July 22, 1919, Stats. 1919, p. 19; (3) April 4, 
 1919; in effect July 22, 1919, Stats. 1919, p. 23; (4) April 9, 1919; in 
 effect July 22, 1919, Stats. 1919, p. 61; (5) April 21, 1919; in effect 
 July 22, 1919, Stats. 1919, pp. 122, 123. Prior act of April 12, 1909, 
 Stats. 1909, p. 811, repealed by the present act. 
 
 Supervisors may establish. 
 
 § 1. The boards of supervisors of the several counties have power to establish and 
 maintain, within their respective counties, county free libraries in the manner and with 
 the functions prescribed in this act. 
 
 JMot to include cities having libraries. Publication of notice. 
 
 ^ 2. The board of supervisors of any county may establish at the county seat a 
 county free library for that part of such county lying outside of incorporated cities 
 and towns maintaining free public libraries, and outside of library districts maintaining 
 district libraries, and for all such additional portions of such county as may elect to 
 become a part of, or to participate in, such county free library system, as hereafter 
 provided in this act. At least once a week for two successive weeks prior to taking 
 such action the board of supervisors shall publish, in a newspaper designated by them 
 and published in such county, notice of such contemplated action, giving therein the 
 date of the meeting at which such action is proposed to be taken. 
 
 How cities having libraries may participate. May cease to participate. Publication of 
 
 notice. 
 
 § 3. After the establishment of a county free library as provided in this act, the 
 board of trustees, common council or other legislative body of any incorporated city 
 or town in the county maintaining a free public library, or the board of trustees of 
 any library district maintaining a district library, may notify the board of supervisors 
 that such city, town or library district desires to become a part of the county free 
 library system, and thereafter such city, town or librai-j- district shall be a part thereof
 
 Act 2530n. S8 4. 5 GKNERAL. LAWS. 1446 
 
 and its inhabitants shall be entitled to the benefits of such county free library, and the 
 property within such city, town or library district shall be liable to taxes levied for 
 county free library purposes. But the board of trustees, common council or other 
 lefjislative body of any incorporated city or town in the county, or the board of trustees 
 of any library district may at any time notify the board of supervisors that such city, 
 town or library district no longer desires to be a part of the county free library system, 
 and thereafter such city, town or library district shall cease to participate in the bene- 
 fits of such county free library, and the property situated in such city, town or library 
 district shall not be liable to taxes for county free library purposes; provided, however, 
 that the board of trustees, common council or other legislative body of any incorporated 
 city or town, or the board of trustees of any library district, shall publish, at least 
 once a week for two successive weeks prior either to giving or to withdrawing such 
 notice, in a newspaper designated by said board of trustees, city council or board of 
 library trustees, and circulating throughout such city, town or library district, notice 
 of such contcmjilated action, giving therein the date and the place of the meeting at 
 which such contemplated action is proposed to be taken. 
 
 Cities having libraries may contract with county libraries for service. 
 
 $ 4. The board of supervisors of any county wherein a county free library has been 
 established under the provisions of this act, shall have full power and authority to 
 enter into contracts with any incorporated city or town maintaining a free public 
 library, and any such incorporated city or town shall, through its board of trustee? 
 or other legislative body, have power to enter into contracts with such county to secure 
 to the residents of such incorporated city or town the same privileges of the county 
 free library as are granted to, or enjoyed by, the residents of the county outside of 
 such incorporated city or town, or such privileges as may be agreed upon in such con- 
 tract, upon such consideration to be named in said contract as may be agreed upon, the 
 same to be paid into the county free library fund, and thereupon the residents of sucli 
 incorporated city or town shall have the same privileges with regard to said county 
 free library as are had by the residents of such county outside of such incorporated 
 city or town, or such privileges as may be agreed upon by said contract. 
 
 One county may furnish library service to another. Library tax. 
 
 ^ 5. The board of supervisors of any county wherein a county free library has been 
 established under the provisions of this act, shall have full power and authority to 
 enter into contracts or agreements with the board of supei*visors of any other county 
 to secure to the residents of such other county such privileges of such county free 
 library as may, by such contract, be agreed upon and upon such consideration as may 
 in said contract be agreed upon, the same to be paid into the county free library fund, 
 and thereupon the inhabitants of such other county shall have such privileges of such 
 county free library as may by such contract be agreed upon; and the board of super- 
 visors of such county shall have full power and authority to enter into a contract with 
 the board of supervisors of another county wherein a county free library has been 
 established under the provisions of this act, as in this section provided, and shall have 
 I)ower to levy a library tax, as in this act provided, for the purpose of carrying out 
 such contract, but the making of such contract shall not bar the board of supervisors 
 of such county during the continuance of such contract from establishing a county free 
 library- therein under the provisions of this act, if none be already established therein, 
 and upon the establishment of such county free library, such contract may be termi- 
 nated upon such terms as may be agreed upon by the parties thereto, or may continue 
 for the term thereof.
 
 1447 LIBRARIES. Act 2530a. §g 6-8 
 
 Board of library examiners. To pass on qualifications of county librarians. 
 
 $ 6. A commission is hereby created to be known as the board of library examiners, 
 consisting of the state librarian, who shall be ex-officio chairman of said board, the 
 librarian of the public library of the city and county of San Francisco, and the librarian 
 of the Los Angeles public library. The members of said board shall receive no compen- 
 sation for their services, except their actual and necessary traveling expenses, to be 
 paid out of the state library fund. Said board shall pass upon the qualifications of all 
 persons desiring to become county librarians, and may, in writing, adopt rules and ref- 
 lations not inconsistent with law for its own government, and for carrying out the pur- 
 poses of this act. Persons of either sex shall be eligible to certification for the office of 
 count}^ librarian. 
 
 County librarian, appointment. 
 
 § 7. Upon the establishment of a county free library, the board of supervisors shall 
 appoint a county librarian, who shall hold office for the term of four years, subject to 
 prior removal for cause, after a hearing, by said board. No person shall be eligible to 
 the office of county librarian unless prior to his appointment he has received from the 
 board of library examiners a certificate of qualification for the office. At the time of 
 his appointment, the county librarian need not be a resident of the county nor a citizen 
 of the state of California. 
 
 Government of county library. Employees. Grades. Apprentices. 
 
 § 8. The county free library shall be under the general supervision of the board of 
 supervisors, which shall have power to make general rules and regulations regarding 
 the policy of the county free library, to establish, upon the recommendation of the 
 county librarian, branches and stations throughout the county and may locate said 
 branches and stations in incorporated cities and towns wherever deemed advisable to 
 determine the number and kind of employees of such library, and to appoint and dis- 
 miss such employees upon the recommendation of the county librarian. Such employee 
 shall not be removed except for cause, and in case any such removal be made upon the 
 ground that the services of such employee are no longer required, such removed em- 
 ployee shall have the first right to be restored to such employment when such services 
 are again required, but the board of supervisors may, at the time of appointing any 
 employee, and upon the recommendation of the county librarian, enter into an agree- 
 ment that such employee be employed for a definite time only. All employees of the 
 county free library whose duties require special training in library work shall be 
 graded in grades to be established by the county librarian, with the advice and approval 
 of the state librarian, according to the duties required of them, experience in library 
 work and other qualifications for the service required; and before appointment to a 
 position in the graded service, the candidate must pass an examination appropriate to 
 the position sought, satisfactory to the county librarian, and show a satisfactory 
 experience in library work. Work in approved library schools or libraries, or certificates 
 issued by the board of library examiners, may be accepted by the county librarian in 
 lieu of such examination. The county librarian may also accept as apprentices, without 
 compensation, candidates possessing personal qualifications satisfactory to him and may 
 dismiss the same at any time if in his judgment their work is not satisfactory to him. 
 
 County librarian, bond, duties. Salary. 
 
 § 9. The county librarian shall, prior to entering upon the duties of his office, file 
 with the county clerk the usual oath of office and a bond, conditioned upon the faithful 
 performance of his duties, with sufficient sureties approved by a judge of the superior 
 court in the county of which the librarian is to be the county librarian, in such sum 
 as may be determined by the board of supervisors. The county librarian shall, subject
 
 Act 2o:tua, gg oa-10 
 
 GKNIi^RAL LAWS. 1448 
 
 to the general rules adopted by the board of supervisors, build up and manage, accord- 
 ing to accepted princii)lcs of library management of the library for the use of the 
 people of the county, and shiUl determine what books and other library equipment shall 
 be purchased. The salary per annum of the county librarian shall be as follows: In 
 i-ounties of the first to the third classes inclusive, two thousand four hundred dollars; 
 of the fourth to the tenth classes inclusive, two thousand dollars; of the eleventh to 
 (he twentieth classes inclusive, eighteen hundred dollars; of the twenty-first to the 
 thirti'ith classes inclusive, fifteen hundred dollars; of the thirty-first to the forty-eighth 
 classes inclusive, twelve hundred dollars; and of the forty-ninth to the fifty-seventh 
 classes inclusive, five hundred dollars. The salary of each of the county librarians hero 
 provided shall be paid by each of such counties in equal monthly installments, at the 
 same time auvi in the same manner and out of the same fund as the salaries of other 
 county officers are paid. The county librarian and his assistant shall be allowed actual 
 and necessary travelinsr expenses incurred on the business of the office. 
 
 Counties of the thirty-second class, salary of librarian. 
 
 ^ Off. In counties of the thirty-second class the county librarian shall receive one 
 tliousand five hundred dollars per year. [New section added April 21, 1919. In effect 
 .Tuly 22, 1919. Stats. 1919, p. 122.'] 
 
 Salary of county librarian. 
 
 ^ Ogg. In counties of the thirty-third class the salary of the county librarian shall 
 be eighteen hundred dollars per annum. [New section added June 1, 1917. In effect 
 July 31, 1917. Stats. 1917, p. 1610.] 
 
 Counties of the thirty-fifth class, salary of librarian. 
 
 § 9ii. In counties of the thirty-fifth class the salary of the county librarian shall be 
 one thousand eight hundred dollars per annum. [New section added April 21, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 123.] 
 
 Counties of the thirty-ninth class, salary of librarian. 
 
 § 9ram. In counties of the thirty-ninth class the salary of the county librarian shall 
 be one thousand five hundred dollars per annum. [New section added March 31, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 19.] 
 
 Counties of the forty-second class, salary of librarian, 
 
 M)pp. In counties of the forty-second class the county librarian shall receive one 
 thousand eight hundred dollars per year, to be paid by such counties in equal monthly 
 installments at the same time, in the same manner and out of the same fund as the 
 salaries of other county officers are paid, and shall also be allowed the actual and 
 neces.^ary traveling expenses incurred on the business of the office. [New section 
 added April 9, 1919. In effect July 22, 1919. Stats. 1919, p. 62.] 
 
 Counties of the fifty-fifth class, salary of librarian. 
 
 6 Occc. In counties of the fifty-fifth class the salarj' of the county librarian shall be 
 one thousand two hundred dollars per annum. [New section added April 4, 1919. In 
 effect July 22, 1919. Stats. 1919, p. 23.] 
 
 Supervision of state librarian. Convention of county librarians. 
 
 ^ 10. The count}' free libraries of the state shall be under the general supervision 
 of the state librarian, who shall from time to time, either personally or by one of his 
 assistants, visit the county free libraries and inquire into their condition. The actual 
 and necessary expenses of such visits shall be paid out of the state library fund. The 
 state librarian shall annually call a convention of county librarians, to assemble at such 
 time and place as he shall deem most convenient, for the discussion of questions per-
 
 1448 LIBRARIES. Act 2530a. gg 11-13 
 
 taining to the supervision and administration of the county free libraries, the laws 
 relating thereto, and such other subjects affecting the welfare and interest of the 
 county free libraries as shall properly be brought before it. It is hereby made the 
 duty of all the county librarians to attend and take part in the proceedings of such 
 convention. The actual and necessary expenses of the county librarians attending the 
 convention shall be paid out of the county free library fund. 
 
 Report. 
 
 § 11. The county librarian shall, on or before the thirty-first day of July in each 
 year, report to the board of supervisors and to the state librarian on the condition of 
 the county free library, for the year ending June thirtieth preceding. Such reports 
 shall, in addition to other matters deemed expedient by the county librarian, contain 
 such statistical and other information as may be deemed desirable by the state librarian. 
 For this purpose the state librarian may send to the several county libraries instructions 
 or question blanks so as to obtain the material for a comparative study of library con- 
 ditions in the state. 
 
 Tax levy. Bonds. Gifts. Fund. Claims, how paid. 
 
 ^ 12. The board of supervisors, after a county free library has been established, 
 shall annually levy, in the same manner and at the same time as other county taxes are 
 levied, and in addition to all other taxes, a tax not to exceed one mill on the dollar 
 of assessed valuation upon all property in such county outside of incorporated cities 
 and towns maintaining free public libraries, and library districts maintaining district 
 libraries, and upon all property within incorporated cities, towns and library districts, 
 which have elected to become a part of such county free library system as provided 
 in this act, for the purpose of purchasing property for, establishing and maintaining 
 the county free librarj'. County bonds may be issued, in the manner prescribed in 
 section 4088 of the Political Code for the erection and equipment of county free library 
 buildings and the purchase of land therefor. The board of supervisors is authorized to 
 receive, on behalf of the countj', any gift, bequest or devise for the county free library, 
 or for any branch or subdivision thereof. The title to all property belonging to the 
 county free librarj' shall be vested in the county. All laws applicable to the collection 
 of county taxes shall apply to the collection of the tax herein provided. All funds of 
 the county free library, whether derived from taxation or otherwise, shall be in the 
 custody of the pounty treasurer. They shall constitute a separate fund, called the 
 county free library fund, and shall not be used for any purposes except those of the 
 county free library. Each claim against the county free library fund shall be author- 
 ized and approved by the county librarian, or in his absence from the county by his 
 assistant. It shall then be acted upon in the same manner as are all other claims 
 against the county. 
 
 County law library. 
 
 § 13. In any county of this state where a law library may now or hereafter exist 
 under the provisions of sections 4190 to 4204, inclusive, of the Political Code of the 
 state, the board of supervisors of such county shall have the power to enter into con- 
 tracts, or agreements with the board of law library trustees of such law library for 
 the co-operation of said law library and the county free library, and, in that connection 
 to contract or agree with the board of law library trustees of such law library that 
 the county librarian and other employees of the county free library perform the duties 
 required to be done or performed by the officers and employees of such law library as 
 contemplated by sections 4190 to 4204, inclusive, of the Political Code of this state for 
 a compensation to be named in such contract or agreement, the same to be paid into 
 the county free library fund.
 
 Act 2530b, § 1 GENERAL LAWS. 1450 
 
 School library. 
 
 ^ 14. The board of supervisors shall have power to accept on behalf of the county 
 free library, all books and other property of school libraries and of the teachers' 
 library as provided by sections 1565, 1715 and 1716 of the Political Code, and to manage 
 and maintain the same as a part of the county free library. 
 
 How disestablished. 
 
 § 15. After a county free library has been established, it may be disestablished in 
 the same manner as it was established. At least once a week for two successive weeks 
 prior to taking such action, the board of supervisors shall publish, in a newspaper 
 designated by them, and published in the county, notice of such contemplated action, 
 giving therein the date of the meeting at which such contemplated action is proposed 
 to be taken. 
 
 Contract with public library. 
 
 $ 16. Instead of establishing a separate county free library, the board of super- 
 visors may enter into a contract according to the provisions of this section with the 
 board of library trustees or other authority in charge of the free public library of any 
 incorporated city or town, and the board of library trustees, or other authority in 
 charge of such free public librars', is hereby authorized to make such a contract. Such 
 contract may provide that the free public library of such incorporated city or town 
 shall assume the functions of a county free library within the county with which such 
 contract is made, including incorporated cities and towns therein. The board of super- 
 visors may agree to pay annually into the library fund of such incorporated city or 
 town such sum as may be agreed upon. Either party to such contract may terminate 
 the same by giving six months' notice of intention to do so. 
 
 Act of April 12, 1909, repealed. 
 
 ^17. An act entitled "An act to provide county library systems," approved 
 April 12, 1909, and all acts and parts of acts in conflict herewith are hereby repealed ; 
 provided, however, that anj'' county library which may have been established and is 
 now in existence under the provisions of the act approved April 12, 1909, shall be con- 
 tinued under the provisions of this act, and be considered the same as if established 
 under the provisions of this act; and provided, further, that in any case where a con- 
 tract has been entered into between any county board of supervisors and any city or 
 incorporated town under the provisions of section 12 of said act, the same shall con- 
 tinue in force, and the provisions of section 16 of this act shall be applicable thereto, 
 until the establisliment and equipment of a count}' free library under the provisions of 
 sections 1 to 15 inclusive of this act, unless sooner terminated under the provisions 
 thereof. 
 
 PUBLIC LIBRARIES IN UNINCORPORATED TOWNS. 
 ACT 2530b — An act to allow unincorporated towns and villages to establish, equip, and 
 maintain public libraries ; to provide for the formation, government and operation of 
 library districts; the acquisition of property thereby; the calling and holding of elec- 
 tions in such district; the assessment, collection, custody and disbursement of taxes 
 therein ; and to create boards of library trustees. 
 
 History: Approved April 12, 1909, Stats. 1909, p. 815. Amended 
 March 13, 1911. Stats. 1911, p. 343. 
 
 Libraries in unincorporated towns. 
 
 § 1. Any unincorporated town or village of this state may establish, eqnip and main- 
 tain a public library for the dissemination of a knowledge of the artS| sciences and 
 general literature, in accordance with the provisions of this act. 
 
 I 
 
 J
 
 14r.l MBHARIES. Act 2530b. §8 2-8 
 
 Manner of establishment. 
 
 ^- 2. Upon the application, by petition, of fifty or more taxpayers and residents of 
 said town or village to the board of supervisors in the county in which said town or 
 village is located, praying for the formation of a library district, and setting forth the 
 boundaries of the said proposed district; the said board of supervisors must, within 
 ten days after receiving said petition, by resolution, order that an election be held in 
 the said proposed district for the determination of the question and shall appoint three 
 qualified electors thereof to conduct said election. 
 
 Election, how called. 
 
 $ 3. Said election shall be called by posting notice thereof in three of the most 
 public places in said proposed library district, and by publication in a daily or weekly 
 paper therein, if there be one, at least once a week for not less than fifteen days. Said 
 notices must specify the time, place, and the purposes of said election, and the hours 
 during which the polls will be kept open; provided, that in districts with a population 
 of ten thousand or over, the polls must be opened at eight o'clock a. m., and kept open 
 until seven o'clock p. m., and in districts where the population is less than ten thousand, 
 the polls must not be opened before one o 'clock p. m., and must be kept open not less 
 than six hours. 
 
 Conduct of election. 
 
 ^ 4. Said election shall be conducted in accordance with the general election laws 
 of this state, where applicable, without reference to form of ballot or manner of voting, 
 except that the ballots shall contain the words,^"For library district," and the voter 
 shall write or print after said words on his ballot the word "Yes," or the word "No.'' 
 
 Electors, qualifications of. 
 
 $ 5. Every qualified elector, resident within the proposed district for the period 
 requisite to enable him to vote at a general election, shall be entitled to vote at the 
 election above provided for. 
 
 Return of result. 
 
 $ 6. It shall be the duty of the election officers to report the result of said election 
 to the board of supervisors within five days subsequent to the holding thereof. 
 
 Trustees, appointment of. 
 
 ^7. If a majority of the votes at said election shall be in favor of a library district, 
 the said board of supervisors must, by resolution, establish said library district, and 
 must appoint three trustees, who must be qualified electors and residents within the 
 limits of the proposed library district, to be known and called a board of library 
 trustees, of the town or village for which they are appointed. Such trustees shall sever- 
 ally hold office for three yesas from the first day of July next succeeding their election 
 and until their successors are elected and qualified; serving without compensation; 
 provided however, that the members of the first board appointed shall be so classified 
 by the board of supervisors at the time of their appointment, that one of their number 
 shall go out of office on the thirtieth day of June next succeeding his appointment, one 
 at the end of one year thereafter, and the other at the end of two years thereafter. 
 Vacancies shall be filled by the board of supervisors by appointment for the unexpired 
 term. 
 
 Proceedings if proposition be defeated. 
 
 ^8. If a majority of the votes cast shall be against a library district, the board of 
 supervisors shall, by order, so declare; no other proceedings shall be taken in relation 
 thereto until the expiration of one year from the date of presentation of the petition.
 
 Act 2530b, §§ 9-11 GEXERAL LAWS. 1452 
 
 Facts establishing the validity of district. 
 
 ^ 9. The fact of the presentation of the petition, and the order establishing the 
 library district and making the appointment of the three library trustees, shall be 
 entered in the minutes of the board of supervisors and shall be conclusive evidence of 
 the due presentation of a proper petition, and that each of the petitioners was, at the 
 time of signature and presentation of the petition, a taxpayer and resident of the pro- 
 posed district, and of the fact and regularity of all prior proceedings of every kind 
 and nature provided for by this act, and of the existence and validity of the district. 
 
 Trustees, meetings of. 
 
 § 10. Boards of library trustees shall meet at least once a month, at such time and 
 place as they may fix by resolution. Special meetings may be called at any time by 
 two trustees, by written notices served upon each member at least twelve hours before 
 the time specified for the meeting. Two members shall constitute a quorum for the 
 transaction of business. At its first meeting held after the first day of July the board 
 shall organize by electing one of its number president, and another one of its number 
 secretary; they shall serve as such for one year or until their successors are elected 
 and qualified. Such boards shall cause a proper record of its proceedings to be kept, 
 and at the first meeting of the board of trustees of any library formed under the pro- 
 visions of this act, it must immediately cause to be made out and filed with the state 
 librarian at Sacramento a certificate showing that such library has been established, 
 with the date thereof, the names of the trustees, and the officers -of the board chosen 
 for the current fiscal year. 
 
 Powers and duties of trustees. 
 
 ^ 11. The board of library trustees so appointed by the said board of supervisors, 
 and their successors, shall be authorized and they are hereby empowered, and it shall 
 be their duty: 
 
 First — To make and enforce all rules, regulations and by-laws necessary for the 
 administration, government and protection of the libraries under their management, and 
 all property belonging thereto. 
 
 Second — To administer any trust declared or created for such libraries, and receive 
 by gift, devise, or bequest, and hold in trust or otherwise, property situated in this state 
 or elsewhere, and where not otherwise provided, dispose of the same for the benefit of 
 such libraries. 
 
 Third — To prescribe the duties and powers of the librarian, secretary, and other offi- 
 cers and employees of any such librai'ies; to determine the number of and appoint all 
 such officers and employees, and Qx their compensation, which said officers and em- 
 ployees shall hold their offices and positions at the pleasure of said boards. 
 
 Fourth — To purchase necessary books, journals, publications and other personal 
 property. 
 
 Fifth — To purchase such real property, and erect or rent and equip, such building 
 or buildings, room or rooms, as in their judgment may be necessary to properly cany 
 out the provisions of this act. 
 
 Sixth — To require the secretary of state and other state officials to furnish such 
 libraries with copies of any and all reports, laws, and other publications of the state 
 not otherwise disposed of by law. 
 
 Seventh — To borrow books from, lend books to and exchange the same with other 
 libraries, and to allow nonresidents to borrow books upon such conditions as the board 
 may prescribe. 
 
 Eighth — To do and perform any and all other acts and things necessary or proper 
 to carry out the provisions of this act. 
 
 Ninth — To file, through their secretary-, on or before the last day of the month of 
 
 J
 
 1453 LIBRARIES. Act 2530b, §S 12-16 
 
 July of each year, a report with the state librarian at Sacramento giving the condition 
 of their library and the number of volumes contained therein on the thirtieth day of 
 June preceding. 
 
 Tenth — To designate the hours during which the library shall be open for the use 
 of the public; provided however, that all public libraries established under the provi- 
 sions of this act, shall be open for the use of the public during every day in the year. 
 
 Estimates of cost. 
 
 $ 12. In any library district formed under the provisions of this act, which is now 
 maintaining a public library, or which shall have petitioned for and has been granted 
 permission to establish, and intends to maintain a public library in accordance with 
 this act, it shall be the duty of the board of library trustees therein, to furnish to the 
 board of supervisors of the county wherein said librai-y district is situated, each and 
 every year, on or before the first day of September, an estimate of the cost of leasing; 
 temporary quarters, purchasing a suitable lot, of procuring plans and specifications and 
 erecting a suitable building, of furnishing and equipping the same, and of fencing and 
 ornamenting the grounds, for the accommodation of the public library, and of conduct- 
 ing and maintaining the same for the ensuing fiscal year, or for any or all of said pur- 
 poses; provided however, that the board of library trustees, may, when in its judgment 
 it is deemed advisable, and upon the petition of fifty or more taxpayers residing within 
 said library district, must call an election and submit to the electors of the said library 
 district whether the bonds of said librai-y district shall be issued and sold for any or all 
 of the purposes of this act. 
 
 Special tax levy. 
 
 § 13. When such estimate shall have been submitted to the board of supervisors of 
 any county in which a public library district has been established, the said board of 
 supei'visors must, at the time of levj'ing county taxes, levy a special tax upon all of the 
 taxable property within the limits of the said library district, sufficient in amount to 
 maintain the said public library, or to purchase the site, erect and equip the building, 
 improve the grounds or building, or for any or all of the pui'poses of this act. The 
 taxes so le\"ied shall be computed, entered upon the tax-roll, and collected in the same 
 manner as other taxes are computed, entered and collected. 
 
 Disposition of revenue. 
 
 § 14. The revenue derived from said tax, together with all money acquired bj' gift, 
 devise, bequest, or otherwise, for the purposes of the library, shall be paid into the 
 county treasury to the credit of the library fund of the district wherein said tax was 
 collected, subject only to the order of the library trustees of said district. If such 
 payment into the treasury should be inconsistent with the terms or conditions of any 
 such gift, devise, or bequest, the board of library trustees shall provide for the safety 
 and preservation of the same, and the application thereof to the use of the library, in 
 accordance with the terms and conditions of such gift, devise or bequest. 
 
 Library to be free. 
 
 $ 15. Every library established under the provisions of this act shall be forever free 
 to the inhabitants and nonresident taxpayers of the library district, subject always to 
 such rules, regulations, and by-laws as may be made by the board of library trustees; 
 also provided, that for violations of the same a person may be fined or excluded from 
 the privileges of the library. 
 
 Loan of books. 
 
 § 16. Boards of library trustees and the boards of trustees of neighboring library 
 districts, or the legislative bodies of neighboring municipalities, or boards of super-
 
 I 
 
 Act 2530b, §9 17-24 
 
 GENKRAL. LAWS. 1454 
 
 visors of the counties in which public libraries are situated, may contract to lend the 
 books of such libraries to residents of such counties or neighboring municipalities, or 
 library districts, upon a reasonable compensation to be paid by such counties, neigh- 
 boring municipalities, or library districts. 
 
 Title to library property. 
 
 § 17. The title to all property acquired for the purposes of such libraries, when not 
 inconsistent with the terms of its acquisition, or not otherwise designated, shall vest 
 in the district in which such libraries are, or are to be situated. Every library district 
 
 must be designated by the name and style of library district (using the name of 
 
 the district), of county (using the name of the county in which said district is 
 
 situated) ; and in that name the trustees may sue and be sued, and may hold and convey 
 property for the use and benefit of such district. A number must not be used as a part 
 of the designation of any library district. 
 
 Slection for trustees. 
 
 ^ 18. An election for library trustees must be held in each library district, annually, 
 at the public library, if there is one, and if there is none, at the place to be designated 
 by the board of trustees; for the election of one library trustee, who shall hold office 
 for three years dating from the first day of July next succeeding his election, or until 
 his successor shall be elected, or appointed and qualified. 
 
 Number of trustees. 
 
 ^ 19. The number of library trustees for any library district established under the 
 provisions of this act, shall be three. 
 
 Notice of election. 
 
 § 20. Not less than ten days before the election required in section eighteen of this 
 act, the trustees must post notices in three public places in the district, one of which 
 places shall be the public library; which notices must specify the time and place of 
 cloctiou, and the hours during which the polls will be kept open; if within five days of 
 holding the election the trustees have failed to post the notices required under this 
 section, then any three electors of the district may give notice. 
 
 Conduct of election. 
 
 ^ 21. Boards of trustees must appoint one inspector and two judges to conduct the 
 said election; if none are so appointed, or, if those apppointed are not present at the 
 opening of the polls, the electors present may appoint them, and they shall conduct the 
 election. Any member of the board of library trustees is hereby qualified to administer 
 the oath and swear in the election officers. 
 
 Polls, opening and closing. 
 
 § 22. In library districts with a population of ten thousand or over, the polls must 
 be open at eight o'clock a. m., and kept open until seven o'clock p. m. ; in districts 
 where the population is less than ten thousand the polls must not be opened before one 
 o'clock p. m., and must be kept open not less than sLx hours. 
 
 Electors, aualifications of. 
 
 § 23. Every elector, resident of the library district, who is a qualified elector of the 
 county, and who is registered in the district where the election is held at least thirty 
 days before the election, may vote thereat. 
 
 Voting. 
 
 $ 24. Voting must be by ballot (without reference to the general election law in 
 regard to nominations, form of ballot, or manner of voting), which shall be handed bj
 
 1455 LIBRARIES. Act 2530b, §§ 25-31 
 
 the elector voting to the inspector, who shall then, in his presence, deposit the same in 
 the ballot-box, and the judges shall enter the elector's name on the poll-list. 
 
 Challenges. 
 
 $ 25. Any person offering to vote may be challenged by any elector of the district, 
 and the judges of election must thereupon administer to the person challenged an oath, 
 in substance as follows: "You do swear that you are a citizen of the United States, 
 that you are twenty-one years of age, that you have resided in this state one year, in 
 this county ninety days, and in this library district thirty days preceding this election, 
 and that your name is on the great register of this county and was on the great register 
 of a precinct of this library district at least thirty days before this election, and that 
 you have not before voted this day." If he takes the oath prescribed in this section, 
 his vote must be received, otherwise his vote must be rejected. 
 
 Poll-lists. 
 
 $ 26. A poll and tally list must be kept and must be returned to the board of library 
 
 trustees. 
 
 Canvass of votes. 
 
 § 27. The officers of election must publicly canvass the votes immediately after 
 closing the polls, and make, sign, and deliver certificates of election to the person 
 elected, which must, with the oath of office of the person so elected attached, be for- 
 warded to the county clerk and filed in his oflfiee. 
 
 Bonds, election for. 
 
 § 28. The board of trustees of any library district may, when in their judgment it 
 is deemed advisable, and must, upon a petition of fifty or more taxpayers and residents 
 of said library district, call an election and submit to the electors of the district, 
 whether the bonds of such district shall be issued and sold for the purpose of raising 
 money for the purchase of suitable lots, of procuring plans and specifications and of 
 erecting a suitable building, of furnishing and equipping the same, and of fencing and 
 ornamenting the grounds, for the accommodation of the public library, or for any or 
 all of the said purposes, or for any or all of the purposes of this act; for liquidating 
 any indebtedness incurred for said purposes, and for refunding any outstanding valid 
 indebtedness, evidenced by bonds or warrants of the district. 
 
 Notice of bond election. 
 
 $ 29. Such election must be called by posting notices, signed by the board, in three 
 of the most public places in the district, for not less than twenty days before the elec- 
 tion; and if there is a newspaper published in the district, or if not, a newspaper 
 published in the county, by publishing such notice therein not less than once a week 
 for three successive weeks. 
 
 What notice must contain. 
 
 $ 30. Such notice must contain: 
 
 1. Time and place of holding such election; 
 
 2. The names of inspectors and judges to conduct the same; 
 
 3. The hours during the day in which the polls will be open; 
 
 4. The amount and denomination of the bonds, the rate of interest and the number of 
 years, not exceeding forty, the whole or any part of said bonds are to run. 
 
 Conduct of election. 
 
 § 31. The election shall be conducted in accordance with the provisions of sections 
 twenty-one, twenty-two, twenty-three, twenty-five, twenty-six, twenty-seven, of this 
 act, in so far as they are applicable to the election for bonds.
 
 Act 25S0b, 88 32-3« GENERAL LAWS. 1456 
 
 Voting. 
 
 $ 32. Voting must be by ballot (without reference to the general election law in 
 regard to form of ballot, or manner of voting), except that the words to appear on the 
 ballot shall be, "Bonds — Yes," and "Bonds — No," and except further, that persons 
 voting at such bond election shall put a cross (X) upon their ballots, with pencil or 
 ink, after the words "Bonds — Yes," or "Bonds — No" (as the case may be), to indi- 
 cate whether they have voted for or against the issuance of the bonds; which said 
 ballot shall be handed by the elector voting to the inspector, who shall then, in his pres- 
 ence, deposit the same in the ballot box, and the judges shall enter the elector's name 
 on the poll-list. 
 
 Canvass, bond election of library districts. Amount of bonds. 
 
 ^ 33. On the seventh day after said election, at eight o 'clock p. m., the returns hav- 
 ing been made to the board of trustees, the board must meet and canvass said returns, 
 and if it appears that two-thirds of the votes cast at said election were cast in favor of 
 issuing such bonds, then the board shall cause an entry of such fact to be made upon 
 its minutes and shall certify to the board of supervisors of the county, all the proceed- 
 ings had in the premises, and thereupon said board of supervisors shall be and they 
 are hereby authorized and directed to issue the bonds of said district, to the number 
 and amount provided in such proceedings, payable out of the building fund of said 
 district, naming the same, and that the money shall be raised by taxation upon the tax- 
 able property in said district, for the redemption of said bonds and the payment of 
 the interest thereon; provided, that the total amount of bonds so issued shall not exceed 
 five per cent of the taxable property of said district, as shown by the last equalized 
 assessment-book of the county. [Amendment approved March 13, 1911. Stats. 1911, 
 p. 343.] 
 
 Form of bonds. 
 
 $ 34. The board of supervisors by an order entered upon its minutes shall prescribe 
 the form of said bonds and of the interest coupons attached thereto, and must fix the 
 time when the whole or any part of the principal of said bonds shall be payable, which 
 shall not be more than forty years from the date thereof. 
 
 Interest. 
 
 $ 35. Said bonds must not bear a greater amount of interest than six per cent, said 
 interest to be jaayable annually or semi-annually; and said bonds must be sold in the 
 manner prescribed by the board of supervisors, but for not less than par, and the pro- 
 ceeds of the sale thereof must be deposited in the county treasury to the credit of the 
 building fund of said library district, and be drawn out for the purposes aforesaid as 
 other library monej^s are drawn out. 
 
 Tax levy, for interest and redemption. 
 
 § 36. The board of supervisors, at the time of making the levy taxes for county 
 purposes, must levy a tax for that year upon the taxable property in such district, at 
 the equalized assessed value thereof for that year, for the interest and redemption of 
 said bonds, and such tax must not be less than sufiSeient to pay the interest of said 
 bonds for that year, and such portion of the principal as is to become due during such 
 year, and in any event must be high enough to raise, annually, for the first half of the 
 term said bonds have to run, a sufficient sum to pay the interest thereon, and during 
 the balance of the term, high enough to pay such annual interest and to pay, annually, 
 a proportion of the principal of said bonds equal to a sum produced by taking the 
 whole amount of said bonds outstanding and dividing it by the number of years said 
 bonds then have to run, and all moneys so levied, when collected, shall be paid into the 
 
 i
 
 1457 LIBRARY. Act 2530b, §§ 37. 3S 
 
 county treasury to the credit of the said library district, and be used for the payment 
 of principal and interest on said bonds, and for no other purpose. The principal and 
 interest on said bonds shall be paid by the county treasurer, upon the warrant of the 
 county auditor, out of the fund provided therefor; and it shall be the duty of the county 
 auditor to cancel and file with the county treasurer the bonds and coupons as rapidly 
 as they are paid. 
 
 Unsold bonds, disposition of. 
 
 § 37. Whenever any bonds issued under the provisions of this act shall remain unsold 
 for the period of six months after having been offered for sale in the manner prescribed 
 by the board of supervisors, the board of trustees of the library district for or on 
 account of which said bonds were issued, or of any library district composed wholly 
 or partly of territory which, at the time of holding the election authorizing the issuance 
 of such bonds, was embraced within the district for or on account of which such bonds 
 were issued, may petition the board of supervisors to cause such unsold bonds to be 
 withdrawn from market and canceled. Upon receiving such petition, signed by a 
 majority of the members of said board of trustees, the supervisors shall fix a time for 
 hearing the same, which shall be not more than thirty days thereafter, and shall cause 
 a notice, stating the time and place of hearing, and the object of the petition in general 
 terms, to be published for ten days prior to the day of hearing, in some newspaper 
 published in said library district, if there is one, and if there is no newspaper published 
 in said library district, then in a newspaper published at the county seat of the county 
 in which said library district or part thereof is situated. At the time and place desig- 
 nated in the notice for hearing said petition, or at any subsequent time to which said 
 hearing may be postponed, the supervisors shall hear any reasons that may be sub- 
 mitted for or against the granting of the petition, and if they shall deem it for the 
 best interests of the library district named in the petition that such unsold bonds be 
 canceled, they shall make and enter an order in the minutes of their proceedings that 
 said unsold bonds be canceled, and thereupon said bonds, and the vote by which they 
 were authorized to be issued, shall cease to be of any validity whatever. 
 
 Dissolution of district. 
 
 § 38. The district may at any time be dissolved upon the vote of two-thirds of the 
 qualified electors thereof, upon an election called by the library trustees of such dis- 
 trict, upon the question of dissolution. Such election shall be called and conducted in 
 the same manner as other elections of the district. Upon such dissolution, the property 
 of the district shall vest in any incorporated town or city that may at such time be in 
 occupation of a major portion of the territory of such library district and including 
 within its town or city limits the property and buildings wherein the library is situated ; 
 and if there be no such incorporated town or city, then the property shall be vested in 
 the board of supervisors of the county until the formation of such a town or city; 
 provided, however, that if, at the time of such election to dissolve such district, there 
 be any outstanding bonded indebtedness of such district, the vote to dissolve such dis- 
 trict shall dissolve the same for all purposes excepting only the levy and collection of 
 taxes for the payment of such indebtedness; and from the time such district is thus 
 dissolved until such bonded indebtedness, with the interest thereon, is fully paid, satis- 
 fied and discharged, the legislative authority of such incorporated town or city, or the 
 board of supervisors, if there be no such incorporated town or city, is hereby consti- 
 tuted ex officio the library board of such district. And it is hereby made obligatory 
 upon such board to levy such taxes and perform such other acts as may be necessary in 
 order to raise money for the payment of such indebtedness, and the interest thereon, as 
 herein provided. 
 Gen. Laws — 92
 
 Acts 2530c. 2532 GENERAL LAWS. 1458 
 
 $ 39. All acts or parts of acts conflicting with the provisions of this act are hereby 
 repealed. 
 
 $ 40. This act shall take effect immediately. 
 
 DEPOSIT OF NEWSPAPER FILES IN PUBLIC LIBRARIES. 
 ACT 2530c — An act to authorize the deposit of certain newspaper files kept in re- 
 corders' offices, in free public libraries. 
 
 History: Approved March 19, 1909, Stats. 1909, p. 436. Amended 
 May 2, 1919. In effect July 22, 1919. Stats. 1919, p. 278. 
 
 Deposit of newspapers in public libraries. 
 
 § 1. The county boards of supervisors of the several counties may authorize the 
 recorders of their several counties to deposit with any free public library maintained 
 at the county seat, or with the California state library, such newspaper files, or por- 
 tions thereof, as may be in the custody of such recorders by virtue of an act approved 
 April 8, 1862, and entitled "An act for the purchase and preservation of public news- 
 papers, printed and published in the several counties of this state, " or by virtue of any 
 other act. [Amendment of May 2, 1919. In effect July 22, 1919. Stats. 1919, p. 278.] 
 
 Agreement required. 
 
 ^ 2. Before making such deposit, the said board of supervisors shall obtain from the 
 board of trustees or authorities in charge of such free public library, or the board of 
 trustees of the California state library, an agreement that they will properly preserve 
 and care for such newspaper files, and make them accessible to the public. [Amended 
 May 2, 1919. In effect July 22, 1919. Stats. 1919, p. 278.] 
 
 Files may be transferred to state library. 
 
 § 3. The county boards of supervisors of the several counties may authorize the 
 boards of trustees or other authorities in charge of any free public library with which 
 newspaper files have been deposited in accordance with section one of this act to deposit 
 such newspaper files with the California state library. [New section added May 2, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 278.] 
 
 CHAPTER 196. 
 
 LICENSES. 
 
 References: Licenses for particular callings, occupations, businesses, etc., see Kerr's 
 Cyc. Codes, particular title, and here, particular title. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2532. Foreign Miners' Licenses. 
 
 2533. Licenses to Certain Aliens Prohibited. 
 
 2534. Foreign Miners' License Fees Granted to Mining Countxes. 
 
 2535. Enforcement of Collection. 
 
 2536. Legalizing Payments of Salaries of License Collectors. 
 
 2537. Licenses on Sheep Raising, Herding, Etc. 
 
 2538. Itinerant Vendor's License. 
 
 2539. Bicycle License. 
 
 FOREIGN MINERS' LICENSES. 
 ACT 2532 — An act to provide for the protection of foreigners, and to define their lia- 
 bilities and privileges. 
 
 History: Passed March 30, 1853, Stats. 1853, p. 62. Amended (1) 
 May 13, 1854, Stats. 1854, p. 55; (2) April 30, 1855, Stats. 1855, p. 216; 
 (3) April 19, 1856, Stats. 1856, p. 141; (4) March 5, 1857, Stats. 1857, 
 p. 60; (5) April 7, 1857, Stats. 1857, p. 182; f6) April 30, 1857, Stats. 
 1857, p. 360; (7) April 26, 1858, Stats. 1858, p. 302. Supplemented 
 March 24, 1866, Stats. 1865-66, p. 380. 
 
 Code commissioner's note: "Doubtless unconstitutional; but see People v. Naglee, 1 CaL 
 232; Lin Sing v. Washburn, 20 Cal. 544." 
 
 I
 
 1459 LICENSES. Acts 2533-2538, § 1 
 
 LICENSES TO CERTAIN ALIENS PROHIBITED. 
 ACT 2533 — An act to prohibit the issue of licenses to aliens not eligible to become 
 
 electors. 
 
 History: Approved April 12, 1880, Stats. 1880, p. 39. 
 
 See tit. "Aliens," Act 150. 
 
 Code commlBsioner's note: "Unconstitutional: People v. Quong On Long, 6 Pac. C. L«. J. 
 192. See Political Code, § 3666, as amended 1901, p. 635." 
 
 FOREIGN MINERS' LICENSES. FEES GRANTED TO MINING COUNTIES. 
 ACT 2534 — An act granting to the mining counties of this state the foreign miners' 
 license tax collected in said counties severally. 
 
 History: Approved March 16, 1868, Stats. 1867-68, p. 173. 
 
 ENFORCEMENT OF COLLECTION. 
 
 ACT 2535 — An act enforcing the collection of license taxes. 
 
 History: Approved March 21, 1872, Stats. 1871-72, p. 539, 
 
 This act Imposed upon tke district attorney the duty of instituting proceeding's against 
 persons neglecting to pay ferry or bridge license taxes. 
 
 LEGALIZING PAYMENTS OF SALARIES OF LICENSE COLLECTORS. 
 ACT 2536 — An act authorizing the payment of salaries by boards of supervisors to per- 
 sons who have been employed to collect county licenses, and legalizing all payments 
 heretofore made to such persons. 
 
 History: Approved March 27, 1895, Stats. 1895, p. 267. 
 
 Unconstitutional as authorizing the payment of salaries to persons theretofore em- 
 ployed. — Butte Co. V. Merrill, 141 Cal. 396, 74 Pac. 1036. See, also, Powell v. Phelan, 
 138 Cal. 271, 71 Pac. 335. * 
 
 LICENSES ON SHEEP RAISING, HERDING, ETC. 
 ACT 2537 — An act restricting the powers of boards of supervisors in the matter of 
 imposing licenses upon the business of raising, herding, grazing, and pasturing sheep. 
 History: Approved February 26, 1903, Stats. 1903, p. 41, 
 
 License tax on sheep. 
 
 ^ 1. No license or licenses greater than five cents per head shall be imposed by the 
 board of supervisors of any county on the business of raising, herding or pasturing 
 sneep, and any and all licenses imposed by the board of supervisors of any county on 
 the business of raising, herding or pasturing sheep, in excess of five cents per head, 
 shall be and are hereby declared invalid; provided, the provisions of this act shall not 
 apply to any license tax the validity of which is involved in any suit now pending, or to 
 any such license tax due when this act takes effect. 
 
 $ 2. This act shall take effect immediately. 
 
 1. Superseded in part by later act. — The act, so far as It Is Inconsistent with the provi- 
 sions of the act of 1907 (§ 4041, Pol. Code), giving the supervisors power to umpire license 
 taxes for regulation only, must give way to the later act. — In re McCoy, 10 Cal. App. 116. 
 
 ITINERANT VENDOR'S LICENSE. 
 
 ACT 2538 — An act imposing a license tax upon itinerant vendors of drugs, nostrums, 
 
 ointments, or appliances sold for the cure of disease, injuries, or deformities. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 284. Amended 
 March 21, 1907, Stats. 1907, p. 765; March 19, 1909, Stats. 1909, p. 419. 
 
 License required. 
 
 § 1. No person as principal or agent, shall conduct as an itinerant vendor the busi- 
 ness of selling or in any manner disposing of drugs, nostrums, ointments or any appli- 
 ances for the treatment of disease, deformities or injuries, within this state, without
 
 Act 2538, §§ 2-C GENERAL LAWS. 1460 
 
 previously obtaining a license therefor as herein provided. [Amendment approved 
 March 19, 1909, Stats. 1909, p. 419.] 
 
 Fee. Term of license. Pharmaceutical firms. Ex-TJnion soldiers. 
 
 $ 2. A license fee of one hundred dollars is hereby levied upon all such itinerant 
 vendors doing business in this state. Said tax shall be paid to the state board of phar- 
 macy, for the use and benefit of the state of California, and shall constitute a special 
 fund for the enforcement of this act, and of the provisions of the act or acts creating 
 such board of pharmacy. Upon the receipt of said sum from any persons desix'ing to 
 conduct such business within this state, the secretary of said board of phai'macy shall 
 issue a license to such person to carry on such business within this state for the term of 
 six months next ensuing; provided that nothing in this act shall be construed to prevent 
 the collection of any tax or license that may be imposed by any county or municipal 
 authority; and provided, further, that nothing herein contained shall prevent manu- 
 facturing pharmaceutical firms from placing their products on the market through their 
 agents and managers subject to the provisions of section 3 of this act. The said board 
 of phai-macy may allow such license to be transferred during the life thereof on such 
 terms as the board of pharmacy may deem proper; provided, however, that nothing in 
 this act shall be held to repeal or modify the provisions of an act approved March 30, 
 1905, **An act permitting all ex-Union soldiers and sailors of the Civil War, honorably 
 discharged from military or marine service of the United States, the right to vend, 
 hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in any 
 county, town or village, incorporated city or municipality in the state of California, 
 without paying a license.", [Amendment approved March 21, 1907, Stats. 1907, p. 765.] 
 
 Itinerant vendors defined. 
 
 $ 3. Itinerant vendors under the meaning of this act shall include all persons who 
 carry on the business above described by passing from house to house, or by haranguing 
 the people on the public streets or in public places, or'use the various customary devices 
 for attracting crowds and therewith recommending their wares, and offering them for 
 sale. 
 
 Statement to controller. 
 
 § 4. Said board of iDharmacy shall on the first day of July of each year make a 
 verified and itemized statement in writing to the controller of this state, of all receipts 
 and disbursements of money coming into their hands by reason of this act. 
 
 Penalty for violation of this act. 
 
 $ 5. Any person violating any of the provisions of this act, who shall without such 
 license, sell or offer for sale any of the above-described drugs, nostrums, ointments, or 
 appliances, shall be deemed guilty of a misdemeanor, and for such breach of this act 
 upon conviction therefor, shall be punished by a fine of not less than one hundred dollars 
 nor more than two hundred and fifty dollars, or by imprisonment in the county jail for 
 not less than fifty days or more than one hundred and twenty days, or both such fine 
 and imprisonment. All fines recovered under this act shall be paid by the magistrate 
 receiving the same, to the state board of pharmacy, and by said board placed in the 
 special fund created by section 2 of this act. 
 
 Proof required. 
 
 § 6. In all actions or prosecutions under this act it need not be alleged in the com- 
 plaint nor proved by the prosecution that the defendant has not a license as required 
 in this act, but the fact that he has such license may be plead as a matter of defense.
 
 1401 
 
 LICBNSISS. 
 
 Act 2539, 8 1 
 
 Repeal of conflicting acts. 
 
 § 7. All acts or parts of acts conflicting with this act [are] hereby repealed, in and 
 so far as they conflict. 
 
 § 8. This act shall take effect and be in force sixty days after its passage. 
 
 1. Constitutionality — Fourteenth amend- 
 ment. — The act of 1903 (284) as amended in 
 1907 (765) and 1909 (419), regulating- and 
 licensing the selling of drugs by itinerant 
 vendors, is not repugnant to the fourteenth 
 amendment to the federal constitution. — In 
 re Gilstrap, 171 Cal. 108, 115, Ann Cas. 1917A, 
 1086, 152 Pac. 42. 
 
 2. Same — Vdlid exercise of police povrer. 
 — The act constitutes a valid exercise of the 
 police power of the state. — In re Gilstrap, 
 171 Cal. 108, 115, Ann. Cas. 1917A, 1086, 152 
 Pac. 42. 
 
 3. Same — General law. — It is clear that 
 the license tax is a general law, enforce- 
 able in every part of the state. — In re Gil- 
 strap, 171 Cal. 108, 116, Ann. Cas. 1917A, 
 1086, 152 Pac. 42. 
 
 4. Same — Not attempt to tax, but to 
 reg:ulate. — The act is not an attempt to ex- 
 ercise the power of taxation for purposes 
 of revenue, but is merely intended to regu- 
 late the business of selling drugs by itiner- 
 ant vendors under the police power. — In re 
 Gilstrap, 171 Cal. 108, 117, Ann. Cas. 1917A, 
 1086, 152 Pac. 42. 
 
 5. "Itinerant vendor," broad enough to 
 Include "haTTkers" and "peddlers." — The 
 definition of an itinerant vendor as found 
 
 in section 3 of the act, is broad enough to 
 include hawkers and peddlers. — In re Gil- 
 strap, 171 Cal. 108, 112, Ann. Cas. 1917A, 
 1086, 152 Pac. 42. 
 
 6. License tax reasonably necessary for 
 reg-ulation. — It can not be held as matter 
 of law that the amount of the license fee 
 prescribed is not reasonably necessary for 
 the regulation of the business. — In re Gil- 
 strap, 171 Cal. 108, 123, Ann. Cas. 1917A, 
 1086, 152 Pac. 42. 
 
 7. Act and pharmacy act supplementary. 
 — The act of 1903 and the pharmacist act 
 are supplementary and together are in- 
 tended to constitute the legislative plan for 
 regulating the entire business of selling 
 drugs, nostrums, and ointments. — In re Gil- 
 strap, 177 Cal. 108, 122, Ann. Cas. 1917A, 
 1086, 152 Pac. 42. 
 
 S. No conflict. — The third proviso of the 
 amendment of 1907 has no application to 
 the legislation prescribing the license tax, 
 inasmuch as the act prescribes a state 
 license tax, and the exemption act of 1905 
 referred to in the amendment plainly is 
 limited to local licenses. — In re Gilstrap, 
 171 Cal. 108, 120, Ann. Cas. 1917A, 1086, 
 152 Pac. 42. 
 
 BICYCLE LICENSE. 
 ACT 2539 — An act to authorize counties, cities and counties, and incorporated towns, 
 and chartered or incorporated cities, to license bicycles, tricycles, and similar vehicles, 
 and collect a fee therefor, for the purpose of devoting such fee to the construction of 
 paths along county roads for the use of pedestrians, and the wheeling thereon of such 
 vehicles. 
 
 History: Became a law under constitutional provision without gover- 
 nor's approval, March 16, 1901, Stats. 1901, p. 324. 
 
 Governing bodies may tax bicycles, tricycles, automobiles, etc. 
 
 § 1. Counties, cities and counties, chartered or incorporated cities and towns in the 
 state of California, are hereby, through the governing bodies thereof, authorized and 
 permitted to license the use of bicycles, tricycles, automobile carriages and carts, and 
 similar wheeled vehicles, propelled by the power of the rider, or by motor under con- 
 trol of the rider, owned, rented, and used within the several jurisdictions above named; 
 provided, that such license shall be granted and issued only on payment of a fee not 
 to exceed one dollar a year for each of such vehicles; and further provided, that the 
 money so collected shall be appropriated and used only for the purpose of constructing 
 and maintaining paths and walkways for the use of pedestrians, and the wheeling of the 
 above-named vehicles; and provided also, that the sum of the taxes paid to the state, 
 county, town, or municipality, upon any vehicle the use of which is hereby authorized 
 to be licensed, shall be deducted from the amount of the license fee hereby authorized, 
 and credited upon the license ; it being the intention that any license fee hereby author- 
 ized shall be collected in such less sum as is represented by the subtraction of the per- 
 sonal property tax from the sum of the license fee fixed by such ordinance.
 
 Act 2530. §§ 2-7 GENERAL LAWS. 1402 
 
 How license fee shall he collected. 
 
 $ 2. When an ordinance establishing such license and fixing such license fee is 
 passed, the fee shall be collected and the license issued in the manner and by the officer 
 or officers provided for the issuance and collection of other licenses, and the governing 
 body of such jurisdictions named in section 1 of this act may devise such label, tag, or 
 certificate as is deemed necessary to be witness of the possession of such license, and the 
 payment of such fee; provided, that no license shall be required for any vehicle so 
 named in this act as is in the possession of a merchant, manufacturer, or dealer, for 
 the purposes of sale or barter, and not for use by the owner or his or her agent, or by 
 l)ersons to whom such vehicles are rented for use, by the hour, the day, the week, or 
 other period of time. 
 Ordinances to enforce collection of licenses. 
 
 ^ 3. It shall be lawful for such governing bodies to provide in such ordinance or 
 ordinances for the enforcement of penalties for the violation thereof, or for failure or 
 refusal to take such license, or pay such license fee; provided, that no penalty shall 
 exceed the sum of the said license fee, with the costs of collection and prosecution 
 under the ordinance added thereto; nor shall any judgment of imprisonment exceed a 
 period of twenty-four hours for violation of said ordinance. 
 
 Application of funds derived from licenses. 
 
 § 4. It shall be lawful to provide in any such ordinance authorized by this act, for 
 the application of the money collected to the construction and maintenance of such 
 paths, by said towns or cities, or consolidated cities and counties, without the limits 
 of such town and municipal jurisdictions, but within the county, by and with the con- 
 sent of the board of supervisors of such county. 
 
 Jurisdiction under the provisions of this act. Visitors and temporary residents not to 
 
 be taxed. 
 
 § 5. No municipal or town authority in this act referred to shall have authority by 
 ordinance or otherwise to license any such vehicle for use as is in this act referred to, 
 except the same is owned by a resident of such municipal or town jurisdiction, or is 
 used by a resident of such jurisdiction; nor shall any county, by ordinance or other- 
 wise, lay such license upon the use of any such vehicle named in this act, or require a 
 license fee therefor, except the same is owned or used by a resident of the county with- 
 out the boundaries of town or municipal jurisdictions in the county; provided, that if 
 any town or municipal authority authorized under this act does not provide for such 
 ordinance of license and fee as is permitted by this act, then, and in that case, the 
 governing body of the county may by ordinance provide for the license herein provided 
 for and permitted, and the collection of the fee authorized by this act, so as to make 
 the same applicable to the residents of such town or municipality. But in no ease 
 shall any license or fee be required of travelers in counties other than that of their 
 residence, nor from tourists, or visitors, or temporally residents of any city, town, city 
 and county, or county. 
 
 Expenses incident to this act to be paid from collections. 
 
 § 6. All costs and charges for licenses herein provided for, for tags, or visible evi- 
 dences of issuance and possession of license, for receipts for payment of the license 
 fee, and other necessary and inseparable expense related to such licenses, shall be paid 
 from the sum of such collections of fees; provided, that no additional salary or fee 
 shall be paid to any officer of any county, or town, or city, or city and county, for 
 services in issuing or delivering licenses provided for by this act, or for collecting the 
 fees therefor, authorized and provided for in this act. 
 
 $ 7. This act shall take effect and be in force from and after its passage.
 
 14C3 LI£NS. Acts 2545, 2549, g 1 
 
 CHAPTER 197. 
 
 LIENS. 
 
 References: Agisters, see Kerr's Cyc. Civil Code, § 3062. 
 
 Attachment, see Kerr's Cyc. Code Civil Procedure, §§ 537, et seq. 
 
 Bottomry, see Kerr's Cyc. Civil Code, §§ 3017, et seq. 
 
 Chattel mortgage, see Kerr's Cyc. Civil Code, §§ 2955, et seq. 
 
 Creation, see Kerr's Cyc. Civil Code, §§ 2881, et seq. 
 
 Definitions, see Kerr's Cyc. Code Civil Procedure, § 1180; Kerr's Cyc. Civil Code, 
 
 §§ 2872, et seq. 
 Effect, see Kerr's Cyc. Civil Code, §§ 2888, et seq. 
 Execution, see Kerr's Cyc. Code Civil Procedure, §§ 681, et seq. 
 Extinction, see Kerr's Cyc. Civil Code, §§ 2909, et seq. 
 Loggers, see Kerr's Cyc. Civil Code, § 3065. 
 
 Mechanics' liens, see Kerr's Cyc. Code Civil Procedure, §§ 1183, et seq. 
 Miscellaneous, see Kerr's Cyc. Civil Code, §§ 3046, et seq. 
 Mortgage, in general, see Kerr's Cyc. Civil Code, §§ 2920, et seq. 
 Mortgage, realty, see Kerr's Cyc. Civil Code, §§ 2947, et seq. 
 Pledge, see tit. "Pledge," and Kerr's Cyc. Civil Code, §§ 2986, et seq. 
 Prevention of cruelty to animals, acts done in, see Kerr's Code Civil Procedure, 
 
 §§ 1208, et seq. 
 Priority, see Kerr's Cyc. Civil Code, §§ 2897, et seq. 
 Redemption, see Kerr's Cyc. Civil Code, §§ 2903, et seq. 
 Respondentia, see Kerr's Cyc. Civil Code, §§ 3036, et seq. 
 Salary and wages, see Kerr's Cyc. Code Civil Procedure, §§ 1204, et seq.; and see 
 
 tit. "Labor Bureau." 
 Particular liens, see particular title. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2545. Lien on Livestock fob Feeding, E^a 
 2549. Loggers' Lien. 
 
 LIEN ON LIVESTOCK FOR FEEDING, ETC. 
 
 ACT 2545 — An act to secure a lien on livestock kept, fed, or pastured by ranchmen and 
 stable keepers. 
 
 History: Approved April 4, 1870, Stats. 1869-70, p. 723. 
 
 Not repealed by codes. — Johnson v. Perry, 53 Cal. 351. 
 
 TUs act is partially superseded, at least, see Kerr's Cyc. Civil Code, § 3051. 
 
 LOGGERS' LIEN. 
 
 ACT 2549 — An act giving a lien to loggers and laborers employed in legging camps upon 
 the logs cut and hauled. 
 
 History: Approved March 30, 1878, Stats. 1877-78, p. 747. Amended 
 April 12, 1880, Stats. 1880, p. 38; March 8, 1887, Stats. 1887, p. 53. 
 
 Labor with logs ; lien upon. 
 
 § 1. A person who labors at cutting, hauling, rafting, driving logs or lumber, or 
 who performs any labor in or about a logging-camp necessarj^ for the getting out or 
 transportation of logs or lumber, shall have a lien thereon for the amount due for his 
 personal services, which shall take precedence of all other claims, to continue for thirty 
 days after the logs or lumber arrive at the place of destination, for sale or manufacture, 
 except as hereinafter provided. [Amendment approved April 12, 1880, Stats. 1880, 
 p. 38.]
 
 Ac-t ::54y, gg s-7 
 
 GBNGRAli LAWS. t4S4 
 
 Lien to cease; how and when. 
 
 ^ 2. The lien hereby created shall cease and determine unless the claimant thereof 
 shall, within twenty days from the time of such labor shall have been completed, file 
 and record in the office of the county recorder of the county where such labor was 
 performed a verified claim, containing a statement: 
 
 First. Of his demand, after deducting all just credits and offsets. 
 Second. The time within which such labor was done. 
 Third. The name of the person or persons for which the same was done. 
 Fourth. The place where the logs or timber upon which such lien is claimed are 
 believed to be situated, and the marks upon the same. 
 Fifth. The reputed owner thereof; and. 
 Sixth. The reputed owner of the land from which the same were cut and hauled. 
 
 Suits to he commenced in proper courts. 
 
 § 3. All liens hereby provided for shall cease and determine unless suit to forclose 
 the same shall be commenced in the proper court within twenty-five days from the time 
 the same are filed. [Amendment approved April 12, 1880, Stats. 1880, p. 39.] 
 
 Plaintiff to have lumber attached. 
 
 § 4. The plaintiff in any such suit, at the time of issuing the summons, or at any 
 time afterward, may have the logs or timber upon which such lien subsists attached, 
 as further security for the payment of any judgment he may recover, unless defendant 
 give him good and sufficient security to pay such judgment, in which event such logs 
 shall be forthwith discharged by the sheriff from such attachment, and from the lien 
 hereby created. 
 
 Clerk to issue writ. 
 
 § 5. The clerk of the court must issue the writ of attachment upon receiving an 
 affidavit by or on behalf of the plaintiff, showing : 
 
 First. That defendant is indebted to the plaintiff upon a demand for labor, for which 
 his claim has been duly filed in accordance with section two of this act. 
 
 Second. That the sum for which the attachment is asked is an actual bona fide 
 existing debt, due and owing from the defendant to the plaintiff, and that the attach- 
 ment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any 
 creditor or creditors of the defendant. 
 
 Sheriff to attach logs. 
 
 § 6. The writ must be directed to the sheriff of the county, and must require him 
 to attach and safel}^ keep the logs and timber specified in such lien, or so much thereof 
 as may be sufficient to satisfy plaintiff's demand, unless the defendant give good and 
 sufficient security, as provided in this act, in which case to take such security and dis- 
 charge any attachment he may have made, and to deliver up such logs to defendant, 
 who shall receive the same free from the lien upon which such suit is brought. 
 
 Sections made applicable. 
 
 § 7. Sections five hundred and thirty-nine, eleven hundred and eighty-nine, eleven 
 hundred and ninety-five, eleven hundred and ninety-seven, eleven hundred and ninety- 
 eight, and eleven hundred and ninety-nine of the Code of Civil Procedure are hereby 
 made applicable to this act. [Amendment approved March 8, 1887, Stats. 1887, p. 53.]
 
 i^U5 LIKNS. Act 254». S8 8-10 
 
 Attacliment; how made, 
 
 $ 8. Such attachment shall be made by taking such log's into possession, and the 
 sheriff shall make an inventory and return of his proceedings as directed in chapter 
 four, title seven, of the Code of Civil Procedure. 
 
 Where lien shall extend. 
 
 § 9. The lien provided for by this act shall in no case extend beyond the limits of 
 the county in which the logs or timber in controversy were cut. 
 
 § 10. This act shall take effect and be in force from and after its passage. 
 
 Superseded except as to procedure. — See ing- to loggers' liens, as Is deemed neces- 
 
 Kerr's Cyc. Civil Code, § 3065. sary to be preserved, is codified in the above 
 
 Code commissioner's note: Concerning this section." The act is inserted here because 
 
 statute the code commissioner says: "So that portion relating to the procedure is 
 
 much of the statute of 1877-78, p. 747, as certainly in force, 
 amended in 1880, p. 38. and 1887, p. 53, relat- 
 
 LIGHTHOUSES. 
 See Kerr's Cyc. Political Code, $ 35. 
 
 LINCOLN. 
 
 See Act 3094, note 
 
 LINDSAY 
 
 See Act 3094, note 
 
 LIQUIDS. 
 
 See tit. "Adulteration.** 
 
 LIQUOR. 
 
 See tit. "Intoxicating Liquors.'* 
 
 LIVERMORE. 
 
 See Act 3094^ note.
 
 Act M*H). ii 1-3 GENERAL. JLAWS. ^4»i 
 
 CHAPTER 198. 
 
 LIVESTOCK. 
 References: See tits. "Animals"; "Cruelty to Animals." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2560. Tampering With Animals. 
 
 2565. Importation of Diseased Livestock. 
 
 2566. Preventing Introduction of Rabies. 
 
 2567. Preparation and Distribution of Vaccines, Etc. 
 
 2568. Preparation, Inspection, and Sale of Hog Cholera Serums, Eia 
 2568a. Prevention of Spread of Contagious Animal Diseases. 
 
 2568b. Herding and Grazing of Livestock by Nonresidents. 
 
 2568c. Extermination of Boophilus Annulatus Tick. 
 
 2568d. Combinations to Obstruct Sale of Livestock. 
 
 2568e. Cattle Protection Board. 
 
 TAMPERING WITH ANIMALS. 
 
 ACT 2560 — An act to prevent tampering with animals, and to prevent the giving or 
 administering of poison or drugs to horses, cattle, dogs, animals, and other live-stock, 
 except for medicinal purposes, and making the same a misdemeanor. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 553. 
 
 Unlawful administering of drugs to animals on exhibition. 
 
 § 1. It shall be unlawful for any person or persons, except for medicinal purposes, 
 to administer any poison, drug, medicine, or other noxious substance, to any horse, 
 stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animals, or 
 other live-stock, entered or about to be entered in any race or upon any race course 
 in the state of California, or entered or about to be entered at or with any agricultural 
 park, or association, race-course, or corporation, or other exhibition for competition for 
 prize, reward, purse, premium, stake, sweepstakes, or other reward, or to expose any 
 such poison, drug, medicine, or noxious substance, with intent that the same shall be 
 taken, inhaled, swallowed, or otherwise received by any horse, stud, mule, ass, mare, 
 horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live-stock, with intent 
 to impede or affect the speed, endurance, sense, health, physical condition, or other 
 character or quality of such above-mentioned animal, or other live-stock. 
 
 Same. 
 
 ^ 2. It shall be unlawful for any person or persons to cause to be taken by or places! 
 upon or in the body of any horse, stud, mule, ass, mare, horned cattle, neat cattle, geld- 
 ing, colt, filly, dog, animal, or other live-stock, entered or about to be entered in any 
 race upon any race-course in the state of California, or entered or about to be entered 
 at or with any agricultural park, association, race-course, or corporation, or other 
 exhibition for competition for prize, reward, purse, premium, stake, sweepstakes, or 
 other reward, and sponge, wood, or foreign substance of any kind, with intent to impede 
 or affect the speed, endurance, sense, health, physical condition, of such horse, stud, 
 mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other 
 live-stock. 
 
 Penalty. 
 
 § 3. Any person or persons who shall violate any of the provisions of sections one 
 or two of this act shall be guilty of a misdemeanor.
 
 1-1C7 LIVESTOCK. Act 2565, § 1 
 
 Conflicting acts repealed. 
 
 $ 4. All acts or parts of acts in conflict with the provisions of this act are hereby 
 repealed. i 
 
 Act takes effect when. 
 
 § 5. This act shall take effect immediately. 
 
 IMPORTATION OF DISEASED LIVESTOCK 
 
 ACT 2565 — An act to prevent importation into the state of California of horses, mules, 
 dairy cattle and breeding bulls which are affected with communicable diseases, pro- 
 viding for the inspection or certification of such animals before being brought into 
 the state of California, exempting certain animals from such inspection or certifica- 
 tion, providing penalties for violating any of the provisions of this act, and repealing 
 an act approved June 4, 1913, entitled "An act to prevent the importation into the 
 state of California of horses, mules, asses, or cattle which are affected with any infec- 
 tious or contagious disease; to provide for the inspection of such animals hefore they 
 are brought into the state; to repeal an act entitled, "An act to prevent the importa- 
 tion of neat cattle for dairy or breeding purposes affected with tuberculosis into the 
 state of California," approved March 7, 1911; to repeal an act entitled "An act to 
 prevent the importation of horses, mules and asses affected with glanders into the 
 state of California," approved March 7, 1911. 
 
 History: Approved April 12, 1915. In effect August 8, 1915. Stats. 
 1915, p. 59. Prior acts (1) of March 23, 1893, Stats. 1893, p. 302, to 
 prevent the spread of contagious diseases among domestic animals; 
 codified in 1901; See Kerr's Cyc. Penal Code, § 402d; (2) of March 7, 
 1911, Stats. 1911. p. 292, and (3) of March 7, 1911, Stats. 1911, p. 293; 
 both of which were repealed by the act (4) of June 4, 1913. In effect 
 August 8, 1913, Stats. 1913, p. 379, which was repealed by the present 
 act. 
 
 Importation of live stock. 
 
 § 1. It shall be unlawful for any person, firm, company or corporation, their agents 
 and servants, to bring into the state of California any horses, mules, dairy cattle or 
 breeding bulls except as hereinafter otherwise provided. 
 
 Cattle. 
 
 (a) Dairy cattle and breeding bulls over six months of age must be accompanied by 
 a certificate of health and tuberculin test record signed by a qualified veterinarian 
 showing that each of said animals is free from communicable diseases, including tuber, 
 culosis, and copy of such certificate and tuberculin test record shall be mailed to the 
 state veterinarian of the state of California on the day the shipment of said animals 
 starts from its origin. 
 
 Statement of state veterinarian. 
 
 (b) In lieu of such certificate of health and tuberculin test record, as provided for 
 in subdivision (a) of this section, said dairy cattle and breeding bulls may be brought 
 into the state of California, provided said animals are accompanied by a signed state- 
 ment issued by the state veterinarian or other authority in charge of live stock sanitary 
 work in the state from which such animals are transported, stating that the animals in 
 the shipment originated in herds which are free from tuberculosis and are not affected 
 with any communicable disease; and a copy of said statement shall be mailed to the 
 state veterinarian of the state of California on the day the shipment of said animals 
 starts from its origin.
 
 Act 25C5. eg 2-5 GENERAL LAWS. 1468 
 
 Horses and mules. 
 
 (c) Horses and mules must be aceompanied by a certificate of healtb signed by a 
 qualified veterinarian, stating that each animal in the shipment is free from communi- 
 cable diseases, and a copy of said certificate shall be mailed to the state veterinarian of 
 the state of California on the day the shipment of said animals starts from its origin. 
 
 (d) In lieu of the certificate provided for in subdivision (c) of this section, horses 
 and mules may be brought into the state of California, provided said animals are 
 accompanied by a signed statement issued by the state veterinarian or other authority 
 in charge of live stock sanitary work in the state from which said animals are trans- 
 ported stating that each animal in the shipment is free from communicable diseases, 
 and has not recentlj' been exposed to any communicable disease, and a copy of said 
 statement shall be mailed to the state veterinarian of the state of California on the day 
 the shipment of said animals starts from its origin. 
 
 Exemptions. 
 
 ^ 2. Animals accompanying shipments of emigrant movables shall be exempt from 
 the inspection or certification as provided for in this act. It is further provided that 
 when horses, mules, dairy and breeding cattle are being brought into the state of Cali- 
 fornia for exhibition or theatrical purposes, said animals shall likewise be exempt from 
 the inspection and certification as provided for in this act; provided, however, that 
 when dairy or breeding bulls which have been brought into the state of California for 
 exhibition purposes are sold to remain in the state of California, said animals shall be 
 subjected to the tuberculin test and certified to as free from tuberculosis by the 
 state veterinarian of the state of California before said animals are delivered to the 
 purchaser. 
 
 Quarantine against communicable diseases. 
 
 5 3. Whenever it shall have been determined by the state veterinarian that a com- 
 municable disease exists among domestic animals in any other state or territory' in the 
 United States, or foreign country, and the importation of animals from said state or 
 territory', or foreign country might spread such disease among animals within the state 
 of California, nothing in this act shall be so construed as to prevent or prohibit the 
 governor of the state of California from issuing his proclamation quarantining said 
 state or territory, or foreign country or from prescribing the regulations under which 
 animals might be imported into the state of California from said state or territory, or 
 foreign country. 
 
 Act 1913 repealed. 
 
 ^ 4. That certain act of the legislature of the state of California approved June 4, 
 1913, entitled "An act to prevent the importation into the state of California of horses, 
 mules, asses, or cattle which are affected with any infectious or contagious disease; to 
 provide for the inspection of such animals before they are brought into the state; to 
 repeal an act entitled 'An act to prevent the importation of neat cattle for dairy or 
 breeding purposes affected with tuberculosis into the state of California,' approved 
 March 7, 1911; to repeal an act entitled 'An act to prevent the importation of horses, 
 mules, and asses affected with glanders into the state of California,' " approved 
 March 7, 1911, is hereby repealed. 
 
 Penalty. 
 
 ^ 5. Any person, firm, company or corporation, their agents, servants and employees, 
 who shall violate any of the provisions of this act shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof, shall be punished by a fine of not more than five 
 
 I
 
 1469 LIVESTOCK. Act 2566, §§ 1-5 
 
 hundred dollars, or by imprisonment in the county jail for a term not exceeding one 
 hundred and eighty days, or by both such fine and imprisonment. 
 
 Importation of diseased animals, validity Transporting: infected cattle. — See 26 
 
 of state laws regulating. — See monographic L. R. A. 638. 
 
 note, 97 Am. St. Rep. 242, 249. Same. — Communicating Texas fever dur- 
 
 Q,aarantlne of diseased animals. — See ing. — See 48 Im R. A. 175. 
 monographic note, 47 Am. St. Rep. 533, 552; 
 also 27 Am. St. Rep. 567. 
 
 PREVENTING INTRODUCTION OF RABIES. 
 ACT 2566 — ^An act to prevent the introduction of rabies or other animal diseases dan- 
 gerous to human beings, into portions of the state not infected; to control the spread 
 of such diseases after introduction ; and authorizing the state board of health to make 
 rules and regulations therefor. 
 
 History: Approved June 13, 1913. In effect August 10, 1913. Stats. 
 1913, p. 783. 
 
 Quarantine of districts infected with rabies. Quarantine defined. 
 
 5 1. Whenever any case or cases of rabies, or other animal diseases dangerous to 
 the health of human beings which may be declared by the state board of health as 
 coming under the provisions of this act, shall be reported as existing in any county, 
 city and county, or incorporated city or town in the state of California, the state board 
 of health shall make, or cause to be made a preliminary investigation as to whether such 
 disease does exist, and as to the probable area of the state in which the population or 
 animals are thereby endangered. If upon such examination the state board of health 
 shall find that any of the said diseases does exist, a quarantine shall be declared against 
 all such animals as may be designated in the quarantine order, and living within the 
 area specified in said order. Quarantine shall be defined for the purposes of this act 
 as meaning the strict confinement, upon the private premises of the owners under 
 restraint by leash or closed cage or paddock, of all animals specified by the order. 
 
 Board of health to investigate extent of disease. 
 
 § 2. Following the order of quarantine the state board of health shall make oi cause 
 to be made a thorough investigation as to the extent of the disease, the probable number 
 of persons and animals exposed, and the area found to be involved; and may substitute 
 for the quarantine order such regulations as may be deemed adequate for the control 
 of the disease in each area. 
 
 Enforcement of act. 
 
 § 3. It shall be the duty of all peace officers and boards of health to carry out the 
 provisions of this act. During the period for which any quarantine order is in force all 
 officers are empowered to kill or in their discretion to capture and hold for further 
 action by the state board of health or its representatives, all animals in a quarantine 
 area, found on public highways, lands and streets, or not held in restraint on private 
 premises as specified in this act. 
 
 Officers may enter private premises. 
 
 § 4. All proper officials within the meaning of this act are hereby authorized to 
 examine and enter upon all private premises for the enforcement of this act. 
 
 Owners violating subject to arrest. 
 
 5 5. Any owner, or other person in the possession of any animal then being held or 
 maintained in violation of the provisions of this act, shall be subject to arrest on the 
 charge of committing a misdemeanor. 
 
 k
 
 Aft 2560, §§ C, 7 GENERAL LAWS. 1470 
 
 Rabies treatment fund created. 
 
 $ 6. For the pui-pose of providing funds to pay the expenses incurred in connection 
 with the eradication of diseases included under this act, a special fund, to be known 
 as the rabies treatment and eradication fund, is hereby created for each county, city 
 and county, or incorporated city or town in the state of California. All moneys col- 
 lected in accordance with the following procedure shall be deposited to the credit of this 
 fund with the treasurer of the county, city and county, or incorporated city or town; 
 provided, that funds now collected from any dog tax may continue to be collected and 
 used for other purjioses specified b}' local ordinances. 
 
 Special dog tax. 
 
 (a) Upon the determination by the state board of health that rabies does exist in 
 any county, city and county, or incori^orated city or town, a special dog license tax 
 shall immediately become effective, unless a dog tax is already in force the funds from 
 which are available for the payment of expenditures in accqrdance with the provisions 
 of this act. This tax shall be levied as follows: An annual tax of one dollar and fifty 
 cents for each male, two dollars and fifty cents for each female, and one dollar and 
 fifty cents for each neuter dog, the same to be collected by the proper authority at the 
 same time and in the same manner as other taxes are collected; provided, however, that 
 there shall be collected at the first collection such proportion of the annual tax as cor- 
 responds to the number of months the tax has been in operation plus one year advance 
 payment. After this dog license tax has been established in a county, city and county, or 
 incorporated city or town, it shall be continued in force until an order has been issued 
 by the state board of health declaring that county, or such portion of that county as 
 may be deemed advisable, to be free from rabies or further danger of its spread. 
 
 One half of fines to credit of fund. 
 
 (b) One-half of all fines collected by any court or judge for violations of the provi- 
 sions of this act shall be placed to the credit of the rabies treatment and eradication 
 fund of the county, city and county, incorporated city or town in which the violation 
 occurred. 
 
 Special measures of control. Expenditures. 
 
 § 7. ^Vhenever it becomes necessarj' in the judgment of the state board of health or 
 its secretary, to enforce the provisions of this act in any county, city and county, or 
 incorporated city or town, the said board or its secretary may institute special* measures 
 of control to supplement the efforts of the local authorities in any county, city and 
 county, or incorporated city or town whose duties are specified in this act. All expen- 
 ditures incurred in enforcing such special measures shall be proper charges against the 
 special fund created by the provisions of this act, and shall be paid as they accrue by 
 the proper authorities of each county, city and county, or incorporated city or town in 
 which they have been incurred; provided, that all such expenditures which may be 
 incurred after the issuance of the order establishing the said fund and before the first 
 collection of the tax, shall be paid as they accrue from the general fund of the county, 
 city and county, or incorporated city and town; and provided, further, that all expendi- 
 tures in excess of the balance of money in this fund shall likewise be paid as they 
 accrue from said general fund. All moneys thus expended from the general fund shall 
 be repaid from the said special fund when the collections from said tax have provided 
 the money.
 
 1471 LIVESTOCIC Act 25«7, §g 1-7 
 
 PREPARATION AND DISTRIBUTION OF VACCINES, ETC. 
 ACT 2567 — An act to provide for the preparation and distribution of serums or vaccines 
 for the prevention of the disease known as cholera in hogs in the state of California, 
 making an appropriation therefor and prescribing the duties of the controller and 
 treasurer in relation thereto. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 1064. 
 
 University to prepare hog cholera serums. 
 
 $ 1. The regents of the University of California are hereby directed to cause to be 
 prosecuted with all possible diligence, through the agricultural experiment station, the 
 preparation of serums or vaccines that will produce immunity in hogs against the dis- 
 ease known as cholera. 
 
 Serums to be furnished free. 
 
 $ 2. The regents of the University of California are hereby further authorized and 
 directed to furnish such serums or vaccines, in quantities not exceeding five hundred 
 cubic centimeters, as soon as possible after this act takes effect free of charge to any 
 bona fide resident of the state of California who is engaged in the raising of hogs, upon 
 application by such resident hog raiser. 
 
 In excess of five hundred cubic centimeters at cost. 
 
 ^ 3. The regents of the University of California are also hereby further authorized 
 and directed to furnish to any bona fide resident of this state, who is engaged in the 
 raising of hogs, such serums or vaccines in quantities in excess of five hundred cubic 
 centimeters, upon the applicant paying therefor the a-etual cost of the production of 
 such serums or vaccines. 
 
 To owners only whose hogs are sick or in danger. 
 
 § 4. It is herewith provided that no serums or vaccines shall be furnished free of 
 charge to any one unless the applicant shall have first furnished sufficient evidence 
 that the disease known as cholera exists among his hogs or among the hogs in his imme- 
 diate neighborhood, and in such latter case evidence shall be furnished by said applicant 
 that there is danger of the disease being communicated to the applicant 's hogs. 
 
 Selling, etc., a misdemeanor. 
 
 § 5. Any person who shall sell, give away or misuse any of the serums so furnished 
 shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished as 
 in such cases provided by law. 
 
 Assistance, etc. 
 
 § 6. The director of the agricultural experiment station shall obtain and establish 
 such assistance, equipment, materials, appliances, apparatus and other necessary inci- 
 dentals as may be necessary to the successful prosecution of this work within the 
 appropriation herein specified. 
 
 Appropriation. 
 
 $ 7. The sum of sixteen thousand ($16,000) dollars is hereby appropriated out of 
 any money in the state treasury not otherwise appropriated, six thousand ($6,000) 
 dollars of which shall be available for the balance of the sixty-second fiscal year and 
 ten thousand ($10,000) dollars of which shall be available during the sixty-third and 
 sixty-fourth fiscal years for the use of said experiment station to be expended by the 
 regents of the University of California in carrying out the purposes of this act, and the 
 stale controller is hereby authorized and directed to draw his warrant for the same, 
 and the state treasurer is hereby directed to pay such warrant.
 
 Act 3568, §§ 1-5 GEIVERAI. LAWS. 1472 
 
 Disposition of funds. 
 
 § 8. All money appropriated under this act, and all money received for the sale of 
 said serums or vaccines as provided for in section 3 of this act, shall be paid to the 
 regents of the University of California, and shall be expended under the direction of 
 the director of the agricultural experiment station of said university for the specific 
 purposes herein named. 
 
 PREPARATION, INSPECTION AND SALE OF HOG CHOLERA SERUMS, ETC. 
 
 ACT 2568 — An act prohibiting the preparation, sale, barter, shipment or exchange of 
 any worthless, contaminated, dangerous or harmful hog cholera serum or virus; 
 requiring every establishment for the preparation of hog cholera serum, virus, vac- 
 cine or antitoxin to be inspected and licensed by the director of the agricultural 
 experiment station of the University of California; and providing penalties for viola- 
 tion of any of the provisions hereof. 
 
 History: Approved June 1, 1915. In effect August 8, 1915. Stats, 
 1915, p. 1064. 
 
 Unlawful to sell dangerous hog cholera serum. 
 
 § 1. It shall be unlawful for any person, firm or corporation to prepare, sell, barter, 
 ship or exchange in this state any worthless, contaminated, dangerous or harmful hog 
 cholera serum, virus, vaccine or antitoxin. 
 
 Must be prepared under direction of University of California. 
 
 § 2. It shall be unlawful for any person, firm or corporation to prepare, sell, barter, 
 ship or exchange in this state any hog cholera serum, virus, vaccine or antitoxin unless 
 and until the said serum, virus, vaccine or antitoxin shall have been prepared under 
 and in compliance with the regulations prescribed by the director of the agricultural 
 experiment station of the University of California, hereinafter referred to as director, 
 at an establishment holding, and operating under, an unsuspended and unrevoked 
 license issued by the director as herein authorized. 
 
 Director authorized to inspect serum. 
 
 ^ 3. The director is hereby authorized to examine and inspect all hog cholera serum, 
 virus, vaccine or antitoxin prepared, sold, bartered, shipped or exchanged in this state 
 and to make and promulgate from time to time such rules and regulations as may be 
 necessary to prevent the preparation, sale, barter, shipment or exchange of any worth- 
 less, contaminated, dangerous or harmful hog cholera serum, virus, vaccine or antitoxin 
 and to issue, suspend and revoke licenses for the maintenance of establishments for the 
 preparation of hog cholera serum, virus, vaccine or antitoxin. 
 
 Licenses for establishments preparing serum. 
 
 $ 4. The licenses issued under the authority of this act to establishments where hog 
 cholera serums, viruses, vaccines or antitoxins are prepared for sale, barter, shipment 
 or exchange shall be issued on condition that the licensee shall permit the inspection of 
 such establishment and of such products and their preparation; and the director may 
 suspend or revoke any permit or license issued under the authority of this act after 
 opportunity for hearing has been granted the licensee, when the director is satisfied 
 that such license is being used to facilitate or effect the preparation, sale, barter, ship- 
 ment or exchange of worthless, contaminated, dangerous or harmful hog cholera s^rum, 
 virus, vaccine or antitoxin. 
 
 Director may freely enter estahlishments. 
 
 - $ 5. The director and each of his agents duly authorized for the purpose may at any 
 time enter and inspect any establishment where any hog cholera serum, virus, vaccine or 
 antitoxin is prepared.
 
 1473 LIVESTOCIt Act 2568a, §§ 1-5 
 
 Constmction of act. 
 
 $ 6. Neither this act nor any provision thereof, except when specifically so stated, 
 shall apply or be construed to apply to commerce with foreign nations or commerce 
 among the several states of this union, except in so far as the same may be permitted 
 under the provisions, of the constitution of the United States and the acts of congress. 
 
 Violation. Penalty. 
 
 $ 7. Any person, firm or corporation who shall violate any provision of this act 
 shall be deemed guilty of a misdemeanor and shall be punished by a fine of not exceed- 
 ing one thousand dollars or by imprisonment in the county jail not exceeding one year, 
 or by both such fine and imprisonment. 
 
 License tax. 
 
 § 8. For the purpose of carrying into effect this act the regents of the University of 
 California are hereby authorized to collect and there shall be paid to the regents of the 
 University of California by every manufacturer, importer, agent or dealer in hog 
 cholera serum, virus, vaccine or antitoxin, a license tax of one mill for every cubic 
 centimeter of serum, virus, vaccine or antitoxin sold or distributed, and each manufac- 
 turer or importer of any hog cholera serum, virus, vaccine or antitoxin shall file with 
 the secretary of the board of regents of the university of the state of California, quar- 
 terly, a sworn statement showing all sales of hog cholera serum, virus, vaccine or anti- 
 toxin for the preceding quarter, accompanied by a corresponding amount of the license 
 tax above specified; provided, however, that nothing herein shall prevent the sale or 
 distribution of hog cholera serum, virus, vaccine or antitoxin produced in a laboratory 
 holding a license issued by the United States department of agriculture to manufactur« 
 or import hog cholera serum, virus, vaccine or antitoxin. 
 
 PREVENTION OF SPREAD OF CONTAGIOUS ANIMAL DISEASES. 
 ACT 2568a — An act to prevent the spread of contagious diseases among animals. 
 History: Approved March 20, 1905, Stats. 1905, p. 317. 
 
 Cremation or burial of animals dying from certain diseases. 
 
 § 1. Any person having the care, custody or control of any animal that dies from 
 tuberculosis, glanders, farcy, Texas fever, or other infectious disease shall immediately 
 upon the death of such animal cremate or bury the same, or cause the same to be cre- 
 mated or buried. 
 Transportation of animals having certain diseases a misdemeanor. 
 
 § 2. Any common carrier of persons or freight that shall transport any animal suffer- 
 ing with or that has died from the diseases, or any of them, mentioned in section 1 of 
 this act a greater distance than is necessary to transport such animal to the nearest 
 crematory, shall be deemed guilty of a misdemeanor. 
 
 Animals dying from certain diseases not to be sold for food. 
 
 § 3, No animal that has died of any of the diseases named in section 1 of this a«jt, 
 shall be sold, used or permitted to be used for the food of human beings or sold, useu 
 or permitted to be used for the food of any domestic animal or fowl. 
 
 Penalty for violation of statute. 
 
 § 4. Any person, firm or corporation that shall violate any of the provisions of 'ihhi 
 act shall be deemed guilty of a misdemeanor, and upon a conviction thereof shall hu 
 punished by a fine of not less than $50 and not more than $500, or by imprisonment ht 
 the county jail for a term not exceeding 180 days, or by both such fine and imprison- 
 ment. 
 
 ^ 5. This act shall take effect immediately. 
 
 Compare Kerr's Cyc. Penal Code, J§ 402, 402b, 402d, 402e. 
 Gen. Laws — 93
 
 Act 256Sb. e§ 1-5 GKNE:RAL LAWS. 1474 
 
 HERDING AND GRAZING OF LIVESTOCK BY NONRESIDENTS. 
 ACT 2568b — An act to regulate the herding and grazing of the live stock of nonresi- 
 dents and foreign corporations upon unenclosed land in the state of CaUfomia and 
 providing a penalty for any violation of any of the provisions of this act. 
 
 History: Approved May 18, 1919. In effect July 22, 1919. Stats. 
 1919, p. 753. 
 
 Nonresidents must have license for herding and grazing of livestock. Exemptiona. 
 
 ^ 1. It shall be unlawful for an}' person or for any corporation who or which does 
 not have his or its principal home ranch and live stock headquarters in the state of 
 California, except as herein provided, to herd or graze, or to cause to be herded or 
 grazed, upon any unenclosed lands in the state of California any sheep or bovine cattle 
 without having first obtained from the tax collector of the county in which such herd- 
 ing or grazing or some portion thereof is done, a valid license authorizing such herding 
 and grazing in the state of California. Such license shall be issued by said tax collec- 
 tor to and in the name of such person or corporation upon compliance by him or it 
 with the provisions of section two of this act, and shall be valid only for the calendar 
 year in which it is dated; provided, that any person or any corporation which does not 
 have its principal home ranch and live stock headquarters in the state of California, 
 owning or leasing land in the state of California, shall be exempt from any license or 
 the payment of any license for five head of sheep for each acre so owned or leased, and 
 three head of bovine cattle for each acre so owned or leased. 
 
 Affidavit of applicant for license. 
 
 ^ 2. As conditions precedent to the issuance of said license, the applicant therefor 
 shall : 
 
 1. File with said tax collector an affidavit which shall explicitly and truly state the 
 following facts: 
 
 (a) If the applicant is a nonresident person, his name and place of residence; or, if 
 the applicant is a corporation, its name, the state under whose laws it is incorporated, 
 the date of its incorporation, its principal place of business, and the names and 
 addresses of its officers; 
 
 (b) The location of his or its principal home ranch and live stock headquarters; 
 
 (c) The number of acres of land owned or leased in the state of California, together 
 with a description thereof. 
 
 2. Pay to the said tax collector the sum of fifty cents a head for each of the sheep, 
 and the sum of two dollars a head for each of the bovine cattle proposed to be herded 
 or grazed in the state of California, after deducting the number of sheep and cattle 
 as exempted from the payment of said tax. 
 
 $ 3. No such person or corporation shall herd, graze, or cause to be herded or grazed 
 upon any unenclosed land in any county in California any greater number of live stock 
 than that for which he or it has previously obtained such license, and which is exempted 
 under the provisions of this act. 
 
 Disposal of license fees. 
 
 ^ 4t. The tax collector collecting such license moneys shall be allowed to retain for 
 his own compensation and in addition to his salary or other fees now provided bv law 
 six per centum of the said license moneys by him collected, and shall quarterly pay the 
 remainder of such moneys into the general county road fund. 
 
 Penalty. 
 
 ^ 5. Any person or corporation violating any of the provisions of this act shall bp 
 deemed guilty of a misdemeanor, and shall be punishable by a fine not exceeding five 
 
 ':,i
 
 1475 LIVESTOCK. Act 256Sc, §§ 1-3 
 
 hundred dollars, and shall be prohibited from herding, grazing, or causing to be herded 
 or grazed any live stock in the state of California until such fine is paid. 
 
 When act shall become void. 
 
 $ 6, If any law passed at the present session of the legislature in any of the states 
 bordering on California, similar to this bill affecting the citizens and corporations of 
 the state of California, shall be declared unconstitutional and invalid by a court of 
 last resort in an3' of said states, then this act shall immediately become inoperative 
 and void. 
 
 The act of 1863 (Stats. 1863, p. 359) ap- 64 extended the provisions of the act to Los 
 
 plied to the counties of Santa Clara, San Angeles county. The act of 1866 (Stats. 
 
 Diego, San Bernardino, San Luis Obispo, 1865-66, p. 322) applied to the counties of 
 
 Contra Costa, San Mateo, Alameda, Santa Fresno, Tulare, Monterey and Mariposa. 
 Barbara and Marin. The amendment of 1863- 
 
 EXTERMINATION OF BOOPHILUS ANNULATUS TICK. 
 
 ACT 2568c — An act providing for the extermination of the Boophilus annulatus tick, 
 
 defining certain crimes and providing for certain civil and criminal actions. 
 
 History: Approved March 21, 1907, Stats. 1907, p. 763. Amended 
 February 23, 1909, Stats. 1909, p. 55. 
 
 Sale of infected cattle prohibited. Punishment. Exception. 
 
 $ 1. Any person who shall willfully or intentionally sell, offer for sale, or expose n 
 
 such manner as may infest other cattle or other live stock not so infested, any catth 
 
 having thereon or being infested with boophilus annulatus tick, shall be guilty of { 
 
 misdemeanor; provided, however, that the moving or handling of tick infested cattle 
 
 ■when same are to be immediately slaughtered, and where said cattle are loaded oi 
 
 railroad cars at point of origin of said cattle, shall not be deemed to be a willful oi 
 
 intentional exposing of such cattle as referred to in this section. [Amendment of Feb 
 
 ruary 23, 1909. Stats, and Amdts. 1909, p. 55. In effect immediately.] 
 
 When must be dipped or treated. 
 
 § 11/2- Whenever cattle infested with or exposed to the infestation of the boophilus 
 annulatus tick are to be moved for the purpose of immediate slaughter, and where nc 
 provisions are made for the loading of such cattle directly into railroad ears at their 
 point of origin, such cattle shall only be moved or allowed to move after said cattle 
 have first been dipped or otherwise treated in a manner as directed by the state veteri- 
 narian or his duly authorized deputy. [Added February 23, 1909. Stats, and Amdts. 
 1909, p. 55. In effect immediately.] 
 
 Duty of state veterinarian. 
 
 § 2. Whenever upon examination of any cattle located in any county of the state 
 of California the state veterinarian or his duly authorized deputy shall find such cattle 
 or any portion of them to be infested with the boophilus annulatus tick he shall forth- 
 with notify in writing the owner or person in control of such cattle to dip or otherwise 
 treat all said cattle in a manner as directed by said state veterinarian or his duly 
 authorized deputy for the purpose of eradicating such tick. Such owner or person in 
 control of such cattle shall, within a period of fifteen days after receiving such notice, 
 dip or otherwise treat such cattle in a manner as directed by the state veterinarian or 
 his duly authorized deputy for the purpose of so eradicating such tick. [Amendment 
 of February 23, 1909. Stats, and Amdts. 1909, p. 55. In effect immediately.] 
 
 District attorney to be informed. 
 
 $ 3. If upon examining said cattle after the expiration of said period of fifteen days 
 the said state veterinarian or his duly authorized deputy shall find that said cattle have 
 not been so dipped or otherwise treated in a manner as directed by said state veteri-
 
 Act 250SC, §§ 4-11 GENERAL TAWS. 1476 
 
 narian or liis duly authorized deputy, such officer shall immediately notify the district 
 attorney of the county in which such cattle may be located. [Amendment of Febru- 
 ary 23, 1909. Stats, and Amdts. 1909, p. 55. In effect immediately.] 
 
 State veterinarian to take possession of cattle, when. 
 
 ^ 4. If upon such second oxamination the state veterinarian or his duly authorized 
 deputy shall find that said cattle have not been dipped or otherwise treated in a manner 
 as directed by said state veterinarian or his duly authorized deputy for the purpose of 
 eradicating and destroying said tick, said officer shall immediately take possession of 
 said cattle and proceed to eradicate and destroy said tick by dipping or causing to be 
 dipped or by otherwise treating said cattle. [Amendment of February 23, 1909. Stats. 
 and Amdts. 1909, p. 55. In effect immediately.] 
 
 Expenses of dipping. 
 
 '5 5. All the expenses and costs of so dipping and treating said cattle shall become 
 and remain a lien on said cattle until such lien is paid or foreclosed as provided by 
 law. 
 
 Action to foreclose lien for expenses. 
 
 ^ 6. If such lien is not paid within fifteen days after the said expenses and costs 
 are incurred, then the state veterinarian shall, in the name of the people of the state of 
 California, commence an action to foreclose said lien. Such action shall be commenced, 
 tried and determined in all respects as provided in the Code of Civil Procedure for the 
 foreclosure of mortgages on personal property. 
 
 Senreral treatments may be ordered. 
 
 § 7. If however, upon examination at the end of fifteen days from the date on 
 which the owner or person in control and possession of said cattle is given the notice 
 required by section two of this act, the state veterinarian or his duly authorized deputy 
 shall find that said cattle have been dipped or otherwise treated for the extermination 
 of such ticks but are still infested with the same then he shall instruct the owner or 
 person in possession of said cattle to dip or otherwise treat said cattle one or more 
 tirae[s] as the circumstances may demand, and within such time as the state veteri- 
 narian or his duly authorized deputy shall deem advisable. 
 
 State veterinarian may repeatedly take possession. 
 
 ^ 8. If upon examination at any time the said state veterinarian or his duly author- 
 ized deputy again finds that said cattle are again infested with said ticks or that the 
 owner or person in control of said cattle has not continued to properly dip or otherwise 
 treat said cattle for the purpose of destroying said ticks, then said state veterinarian 
 or his duly authorized deputy shall take possession of said cattle one or more times 
 as in this statute provided. 
 
 Owners jointly liable. 
 
 ^ 9. In any action or proceeding, civil or criminal, arising under this act, any and al! 
 persons having an interest in the cattle or in control or possession of the same, and 
 concerning which cattle such action or proceeding is had, shall be liable severally and 
 jointly for each violation of the provisions of this act. 
 
 When cattle exempt from dipping. 
 
 ^ 10. "Whenever the state veterinarian or his duly authorized deputy is satisfied that 
 any cattle are in process of fattening, and that such cattle will be ready for slaughter 
 within a period of one hundred and twenty days, he shall exempt such cattle from dip- 
 ping, as provided in this act. 
 
 $ 11. All acts or parts of acts in conflict with this act are hereby repealed.
 
 1477 LIVESTOCK. Act 256Sd, §§ 1-5 
 
 COMBINATIONS TO OBSTRUCT SALE OF LIVE-STOCK. 
 ACT 2568d — An act to prevent combinations to obstruct tbe sale of live-stock in th« 
 state of California. 
 
 History: Approved February 27, 1893, Stats. 1893, p. 30. 
 
 Combinations to prevent bu3ring live-stock prohibited. 
 
 § 1. It shall be unlawful for any two or more persons, or corporations, to combine 
 or agree together to do any act which will, in any respect, prevent any person from 
 buying live-stock at any place in this state from any person having the same for sale, 
 either for himself or as the representative or agent of the owner of the same. 
 
 Corporation prohibited. 
 
 § 2. It shall be unlawful for any corporation organized under the laws of this state, 
 or anj' board of directors or trustees, or stockholders, or agents, or officers of any corpo- 
 ration, to have, pass, or enforce any rule, bj'-law, or regulation, whereby any officer, 
 stockholder, member, shareholder, agent, servant thereof, or any other person in any 
 way interested in or connected with such corporation, shall in any respect be prohibited, 
 prevented, or enjoined from buying live-stock from any other person having such live- 
 stock for sale, either as owner thereof, or as the agent, representative, or assistant of 
 such owner, in any market in this state where live-stock is brought to be sold. 
 
 By-laws of corporations. 
 
 § 3. Every inile, regulation, or by-law of any corporation doing business in this 
 state, which has for its purpose, or which, directly or indirectly, tends to prevent its 
 members or stockholders from freely purchasing live-stock from any person lawfully 
 having the same for sale, upon any live-stock market of this state, are hereby declared 
 to be contrary to the public policy of this state, and unlawful and void; and any per- 
 son or persons who shall attempt, directly or indirectly, to enforce any such rule, regu- 
 lation, or by-law, shall be deemed guilty of a misdemeanor, and, in addition to the 
 penalties prescribed by this act, shall be personally liable for all damages which may 
 arise from the enforcement of such rule, regulation, or by-law, to any person damaged 
 thereby. 
 
 Trusts, combinations, or conspiracies. 
 
 § 4. No trusts, combinations, or conspiracies shall be organized or exist in this state, 
 to prevent any person or persons, or corporation, from selling live-stock on commission, 
 for such an amount of commission as any person engaged in the business may see fit to 
 charge; and all rules, regulations, by-laws, or agreements of any corporation, associa- 
 tion, society, or combination of persons, whereby any such corporation, society, 
 association, or combination of individuals are required to charge not less than a given 
 sum for commissions, or whereby any person or commission merchant is, in any respect, 
 restrained from charging less than a certain fixed sum for his services as such commis- 
 sion merchant in the sale of live-stock, are hereby declared to be contrary to the public 
 policy of this state, and unlawful. And any person who shall enter into any such trust, 
 combination, or conspiracy, or who shall enforce or aid, abet, assist, or encourage the 
 enforcement of any such rule, regulation, by-law, or agreement, shall be liable to the 
 penalties prescribed by this act, and also shall be personally liable to any person, indi- 
 vidual, society, or corjooration who may be injured in his property or business thereby, 
 to the full extent of the injury resulting therefrom. 
 
 Selling live-stock at any market. 
 
 § 5. Whoever shall, directly or indirectly, be a party to any combination, conspiracy, 
 or association, which attempts, directly or indirectly, to prevent any other person from
 
 Act 2568*. S 1 GENERAL LAWS. 1478 
 
 freely selling live-stock at any market in this state for such persons as see fit to engage 
 his services, or shall endeavor to compel, directly or indirectly, any person to charge 
 not less than a fixed minimum sum for services in the sale of live-stock, or shall, in any 
 way, hinder or prevent another from lawfully selling live-stock for another, for such 
 rate of commission as may be agreed upon b,y the owner of the live-stock and the com- 
 mission merchant, shall be deemed guilty of a misdemeanor, and suffer the penalties 
 prescribed by this act, and shall be personally liable to any one aggrieved thereby, for 
 the full amount of any damage sustained by such person. 
 
 Punishment. 
 
 ^ 6. Any one who shall violate the provisions of this act shall be punished by a fine 
 in any sum not less than five hundred dollars, and not more than five thousand dollars, 
 or by imprisonment in the county jail not exceeding one year, or by either or both, in 
 the discretion of the court, and shall be liable, in civil action, to any person aggrieved, 
 in such damages as he or she may have sustained by the violation of this act. 
 
 $ 7. This act shall take effect and be in force from and after its passage, 
 
 CATTLE PROTECTION BOARD. 
 ACT 2568e — An act to create a cattle protection board, to define its powers and duties, 
 to protect the breeders and growers of cattle from theft, to provide for the registra- 
 tion of cattle brands and the licensing of cattle slaughterers and sellers of the meat 
 thereof, to provide for the inspection of cattle and cattle hides for brands and marks, 
 to provide for the collection of license and inspection fees, to provide for the creation 
 of a fund to be known as the cattle protection fund, and to provide penalties for 
 violation of the provisions hereof. 
 
 History: Approved May 28, 1917. In effect July 27, 1917. Stats. 
 1917, p. 1237. Prior act of April 20, 1863. Stats. 1863, p. 354, amended 
 March 28, 1864, Stats. 1863-64, p. 261, and act of March 20, 1866, Stats. 
 1865-66, p. 322, continued in force by the codes, see Kerr's Cyc. Political 
 Code, § 19, and Kerr's Cyc. Penal Code, § 23, and probably superseded 
 in part by the Political Code, see Kerr's Cyc. Political Code, § 3185, and 
 wholly by the act of March 23, 1893, Stats. 1893, p. 235, which was in 
 turn superseded by the present act. 
 
 Cattle protection board created. 
 
 $ 1. That there be and is hereby created a cattle protection board, to be appointed 
 by the governor of the state of California, which shall consist of three members, two of 
 whom shall be identified with and experienced in the cattle industry of the state of 
 California and the other shall be the state veterinarian. Said board shall elect one of 
 their number chairman. The members of said board shall each receive ten dollars per 
 day for the time by him necessarily employed in discharging the duties required in this 
 chai)ter; provided, however, that in no one year shall the board be in session more than 
 sixty days, except upon the call of the governor. 
 
 Term. Appointees. Cattle protection fund. 
 
 The members of said board shall hold office during the pleasure of the governor. Said 
 board is hereby authorized to appoint a secretary, counsel, inspectors, and such clerks 
 as may be necessary to carry out the provisions of this act, and fix the salaries of said 
 appointees. Such per diem and expenses of said members of the cattle protection board, 
 as well as the salaries and expenses of all appointees of said board, including all other 
 additional expenses incurred by enforcement of this act as hereinafter provided, shall 
 be paid out of the cattle protection fund which fund is hereafter provided. 
 
 Duty of board. 
 
 Said board is hereby authorized, and it is made its duty, to exercise a general super- 
 vision over, and to protect the cattle of this state from theft and to make such rules and 
 regulations as may be necessarj^ to carrj^ out the purposes and intent of this act.
 
 HT9 LIVESTOCIt Act 2568e. gS 2-7 
 
 Cattle Irands. Record, 
 
 $ 2. Every person owning cattle in this state except as hereinafter provided may 
 adopt a brand with which to brand his cattle; provided, such brand be not similar to 
 the brand heretofore adopted by any other person, except by special permit issued by 
 the cattle protection board. Said board shall cause said brands to be recorded in books 
 kept for that purpose. The recording of a brand shall consist of depicting in the brand 
 book a facsimile of the design of the brand adopted, together with an entry in said 
 book bearing a statement of the name, residence, and postoflfice address of the person 
 adopting the same, the date the brand was presented for record, the place upon the 
 animal where the brand is proposed to be used, the number of the district and a state- 
 ment of the location of the range whereon such animals are to range. Before any such 
 record shall be made, proof shall be made that the person applying to have such brand 
 recorded is the owner thereof and entitled to use the same. 
 
 Districts. 
 
 The said board may divide the state into a number of districts. Such districts may 
 be changed from time to time, so that all of the persons engaged in raising cattle 
 within the state of California may adopt and record a brand, without requiring that 
 any one brand shall be adopted or recorded in any two contiguous districts; provided, 
 however, that where cattle in two or more contiguous districts are owned by one person, 
 said person shall have the right to the use of said brand in contiguous districts. 
 
 Fees. Forfeiture. 
 
 § 3. The sum of two dollars shall be paid to said board for the recordation of any 
 brand; for the right to the continued use of said brand, under the provisions of this 
 act, the owner thereof shall before the first day of January of each year after its 
 recordation transmit to the board the sum of one and. one-half dollars. A failure to 
 make such payment shall forfeit the right to use said brand. 
 
 When the right to any brand recorded hereunder shall have become forfeited, said 
 brand shall not be recorded by any other person until after the expiration of one year 
 from the date of the forfeiture thereof. 
 
 Unrecorded brand. 
 
 $ 4. No person shall brand any cattle in thiw state with a brand that has not been 
 recorded under the provisions of this act, nor use any device to obliterate a brand. 
 
 Sale of range cattle. 
 
 $ 5. Upon the sale or transfer of any range cattle in this state, the actual deliverv- 
 of such animal shall be accompanied by a written bill of sale, giving the number, kind 
 and marks and brands of each animal, which bill of sale shall be signed by the party 
 giving the same and acknowledged by him before two subscribing witnesses who have 
 been freeliolders of the county for at least two years. 
 
 Not applicable to registered, etc., cattle. 
 
 § 6. It is hereby expressly provided that the provisions in this act shall not apply 
 to registered purebred cattle or purebred cattle which can be identified as being entitled 
 to registration, or to the dressed carcasses of veal with unmarked or unbranded hides 
 thereon, or cows actually used for dairy purposes. 
 
 License to slaughter cattle. 
 
 $ 7. It shall be unlawful for any person to slaughter any cattle or offer for sale, 
 barter or exchange the meat thereof, unless he shall have a license therefor issued in 
 accordance with the provisions of this act, except as herein otherwise provided.
 
 Art 25G8e 
 
 GBKCRAL, LAWS. 1480 
 
 Bond. 
 
 Every person slaughtering cattle as a business shall do so in a designated slaughter- 
 house, and before he shall begin the business of slaughtering cattle or selling the meat 
 thereof, he shall first procure from the board a license to caiTy on such business, under 
 the conditions and upon the payment of the fees herein provided for. After procuring 
 such license and before engaging in such business he shall execute a bond to the state 
 of California, in the penal sum of one thousand dollars ($1000.00) to be approved by 
 the secretary of the board, condition that such person shall not slaughter, sell or expose 
 for sale any cattle or the meat thereof, without first being the legal and equitable 
 owner thereof, or being authorized to so slaughter, sell or expose for sale such animal, 
 or the meat thereof, by such owner, and that in case he shall violate any of the provi- 
 sions hereof, he shall pay therefor double the value of such animal. The amount so 
 recovered shall be paid as follows: One-half to the owner of such animal and the 
 remaining one-half to the cattle protection fund. 
 
 Annual fee. Monthly report to board. 
 
 Said board shall grant to every applicant therefor, who complies with all the provi- 
 sions of this act a license to slaughter cattle and sell the meat thereof for the unexpired 
 portion of the calendar year in which said license is granted. Every applicant for such 
 a license shall pay to said board the following annual fee which shall be paid in 
 advance : For applicants who slaughter less than ten head per month, one dollar per 
 annum. For applicants who slaughter more than ten head and less than fifty head per 
 month, ten dollars per annum. For applicants who slaughter more than fifty head 
 per month, twenty-five dollars per annum. For a shorter term than one year a propor- 
 tionate part of said fee shall be paid. The applicant for such license shall state in his 
 application where his slaughterhouse is located, and during the terra of such license he 
 shall not slaughter any cattle at any other place than that specified in his license. If 
 the holder of a license desires to change the location of his slaughterhouse, he shall 
 apply to said board to have such license transferred and the board may reissue such 
 license without any additional fee. 
 
 Everv holder of such a license shall, at the expiration of each calendar month, make 
 a written report and send the same by registered mail to said board. Such report shall 
 include the following: 
 
 (a) The number and sex of the cattle slaughtered in such establishment during the 
 calendar month just past, 
 
 (b) The names and addresses of persons from whom said cattle were purchased or 
 otherwise obtained, 
 
 (c) The brands and marks on said cattle. 
 
 (d) The dates on which said cattle were purchased or otherwise obtained and the 
 dates on which said cattle were slaughtered. 
 
 Forfeit of license on failure to make statement. 
 
 Said statement shall be signed by such licensee or his duly authorized agent. Upon 
 failure or neglect of said licensee or his duly authorized agent for a period of fifteen 
 days to file such a statement in the manner as herein provided, the said board shall 
 have the power and it shall be its duty to forfeit the license of such licensee; and there- 
 after it shall be unlawful for the owner of said slaughtering establishment, or for any 
 other person to slaughter any cattle in said establishment until a new application is 
 made by him to said board, accompanied by a fee of twenty-five dollars; provided, how- 
 ever, that said board shall have the power and it shall be its duty to refuse to renew 
 the license of any slaughterer who has knowingly slaughtered cattle without the con- 
 sent of the owner thereof.
 
 1481 LIVESTOCK. Act 2568e, §§ 8-11 
 
 Record l»y butcher of meat purchased. 
 
 i 8. Every peddler, butcher or retailer of meats, purchasing the meat of any bovine 
 animal, must enter in a book to be kept for that purpose and exhibit the same on 
 demand, the name of the person from whom said meat was purchased or otherwise 
 obtained, the date of said purchase and the quantity so purchased. 
 
 It shall be unlawful for any peddler or retailer of meat, or person in control of any 
 butcher shop, to purchase the meat of any slaughtered bovine animal from any person 
 not known to him to be licensed under the provisions of this act. 
 
 Any person who fails on demand to inform any officer of this state where and from 
 whom he has obtained any meat of any bovine animal that he has in his possession, shall 
 be deemed guilty of a misdemeanor. 
 
 Slaughter by ranchman for own consumption. 
 
 Nothing in this act shall be so construed as to prohibit an owner of property, or a 
 ranchman located on a definite property as a tenant, lessee or purchaser under contract, 
 from slaughtering cattle in small numbers on said premises for his own consumption, 
 and nothing herein shall be so construed as to prohibit such ranchman from selling or 
 giving away a portion thereof; provided, that such person shall not be required to take 
 out a license. 
 
 Hides retained. 
 
 § 9. The hides of all such cattle slaughtered by the owner thereof, or removed from 
 any cattle which have died from any cause, shall be retained in the possession of the 
 owner where the same may be inspected, with the brands attached thereto, and without 
 any alteration or disfiguration thereof, for a period of at least fifteen days after the 
 death of said cattle, or until said hides are inspected. 
 
 Record of cattle slaughtered. 
 
 Every ranchman, who so slaughters cattle on such premises, shall keep a record in a 
 book to be kept for that purpose of all the cattle so slaughtered by him, with a descrip- 
 tion thereof, including all the marks and brands of such slaughtered cattle, the date 
 of slaughter, and shall at the end of each month, make a true and correct copy of such 
 record and send the same by registered mail to the office of the cattle protection board, 
 and shall likewise exhibit the said record on demand of any officer of this state. 
 
 No cattle slaughtered until inspected. 
 
 5 10. No cattle except cattle shipped for slaughter and which have been inspected 
 as herein provided prior to shipment, shall be slaughtered until they shall have been 
 first inspected and certified to as being the property of the person slaughtering same 
 or causing same to be slaughtered or being duly authorized by the owner thereof to 
 slaughter said cattle; provided, that any person licensed hereunder to slaughter cattle 
 after twenty-four hours notice in writing, addressed to the local inspector demanding 
 his presence at a specified time and place for the purpose of inspecting such cattle for 
 slaughtering, may, without the certificate of inspection of said inspector slaughter said 
 cattle, proriding he makes a written statement designating the general description of 
 the animal or animals slaughtered, such as the age, color, weight, etc., and specifying 
 in detail the earmarks and brands of such animal or animals; and provided, further, 
 that he retain the hides of such animal or animals for at least fifteen days thereafter as 
 hereinbefore provided. 
 
 Certificate of brand, etc., before shipment. 
 
 ^ 11. It shall be unlawful for any common carrier to receive any cattle, or the hides 
 of an^' cattle, for transportation to points within or without this state until such carrier
 
 Act 2508e. g§ 12-16 GENERAL. LATVS. 1482 
 
 shall have been furnished with duplicate certificates signed by an inspector, showing, 
 in the case of cattle, the brands and earmarks of such cattle, the number of cattle of 
 each earmark and brand, the names of shii^per and consignee and also the origin and 
 destination of said cattle. In the ease of cattle hides, the certificates shall state the 
 number of hides, the names of shipper and consignee and also the origin and destina- 
 tion of said hides. One copy of said certificate shall be mailed forthwith by the agent 
 or other person in control of the common carrier at the point at which said cattle are 
 received for shipment, to the consignee. 
 
 Inspection of cattle to be shipped. 
 
 $ 12. It shall be the duty of inspectors to inspect all cattle for marks and brands 
 which are offered for transportation to any common carrier at the loading stations 
 thereof. 
 
 If upon such inspection cattle shall be found not belonging to the shipper, all such 
 cattle shall be taken by the inspector and dealt within accordance with the rules of the 
 board in such cases made. 
 
 Inspectors must inspect all cattle subject to inspection immediately, and when 
 inspected, the ons in charge thereof shall at once pay to the inspector therefor the sum 
 of five cents per heud, whereupon the inspector shall certify that said cattle have been 
 inspected. 
 
 Volumes for recordation of marks and brands. 
 
 ^ 13. It shall be the duty of the said board to prepare volumes for the recordation 
 of said marks and brands, and to keep a true record of all its official transactions. 
 When cattle or the hides thereof have been shipped or slaughtered, each record thereof 
 must be entered under the name of the owner of said mark or brand, and must be 
 entered in such a manner as to disclose under the record of each particular mark or 
 brand, the number of cattle bearing any other marks or brands. An index shall be kept 
 of unrecorded brands, as well as of those that have been recorded under the provisions 
 hereof. 
 
 Driving cattle off range. 
 
 ^ 14. Any person, not being the owner, or having the right of possession, of any 
 cattle, who shall be found driving such cattle off its usual range, without the consent 
 of the owner thereof, shall be guilty of grand larceny. 
 
 Report of fees by secretary. 
 
 ^ 15. The secretary of the cattle protection board, at least as often as once each 
 month, shall report to the state controller the total amount of fees collected, and at the 
 same time he shall pay into the state treasury the entire amount of such receipts. All 
 such receipts shall be credited to the cattle protection fund, which fund is hereby 
 created, and shall be held subject to the uses of the cattle protection board, as defined 
 in this act. 
 
 " Range." 
 
 ^16. The term "range" for the purpose of the interpretation and application of 
 this act shall be understood to mean the enclosed or unenclosed lands outside of cities, 
 towns and villages in this state, whether of the public domain or in private ownership, 
 upon which by custom, license or otherwise, cattle are kept or permitted to roam and 
 feed. 
 
 "Person." 
 
 The term "person" wherever used includes every person, persons, firm, association 
 or corporation.
 
 14S3 
 
 LOGS. 
 
 Act 2569, §§ 1. 2 
 
 "Cattle." 
 The term ''cattle" wherever used includes every kind of animal of the bovine species. 
 
 Penalty. 
 
 ^ 17. Any person violating: any provisions of this act shall, unless otherwise specifi- 
 cally designated herein, be guilty of a misdemeanor. 
 
 Repealed. 
 
 $ 18. All acts and parts of acts in conflict herewith are hereby repealed, 
 
 LODGING-HOUSES. 
 
 See tits. ''Buildings"; "Dwelling Houses"; "Hotels"; "Tenement Houses"; and 
 see Kerr 's Cye. Penal Code, $ 401a. 
 
 LODI. 
 
 See "Mokelumne Hill," and Act 3094, note. 
 
 CHAPTER 199. 
 LOGS. 
 
 CONTENTS OF CHAPTER. 
 ACT 2569. Standard of Measurement. 
 
 STANDARD OF MEASUREMENT. 
 
 ACT 2569 — An act establishing a scale for the measurement of lags. 
 
 History: Approved March 28, 1878, Stats. 1877-78, p. 604. Amended 
 April 16, 1880, Stats. 1880, p. 119. 
 
 One standard of measurement. 
 
 § 1. There shall be but one standard for the measurement of logs throughout this 
 state. 
 
 Standard for measurement of logs. 
 
 § 2. The following table, known as Spaulding 's Table for the Measurement of Logs, 
 is hereby made the standard and table for the measurement of logs throughout this 
 state, to wit: 
 
 Dlam- 
 Length, eter, 
 Feet. Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Diam- 
 Length, eter, 
 Feet. Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Diam- 
 Length, eter. 
 Feet. Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 12 10 
 
 38 
 
 12 27 
 
 396 
 
 12 44 
 
 1,086 
 
 12 
 
 61 
 
 2,098 
 
 12 11 
 
 47 
 
 12 28 
 
 427 
 
 12 45 
 
 1,134 
 
 12 
 
 62 
 
 2,169 
 
 12 12 
 
 58 
 
 12 29 
 
 459 
 
 12 46 
 
 1,186 
 
 12 
 
 63 
 
 2,241 
 
 12 13 
 
 71 
 
 12 30 
 
 492 
 
 12 47 
 
 1,239 
 
 12 
 
 64 
 
 2,315 
 
 12 14 
 
 86 
 
 12 31 
 
 526 
 
 12 48 
 
 1,293 
 
 12 
 
 65 
 
 2,390 
 
 12 15 
 
 103 
 
 12 32 
 
 561 
 
 12 49 
 
 1,348 
 
 12 
 
 66 
 
 2,467 
 
 12 16 
 
 121 
 
 12 33 
 
 597 
 
 12 50 
 
 1,404 
 
 12 
 
 67 
 
 2,545 
 
 12 17 
 
 141 
 
 12 34 
 
 634 
 
 12 51 
 
 1,461 
 
 12 
 
 68 
 
 2,625 
 
 12 18 
 
 162 
 
 12 35 
 
 673 
 
 12 52 
 
 1,519 
 
 12 
 
 69 
 
 2,706 
 
 12 19 
 
 184 
 
 12 36 
 
 713 
 
 12 53 
 
 1,578 
 
 12 
 
 70 
 
 2,798 
 
 12 20 
 
 207 
 
 12 37 
 
 755 
 
 12 54 
 
 1,638 
 
 12 
 
 71 
 
 2,874 
 
 12 21 
 
 231 
 
 12 38 
 
 798 
 
 12 55 
 
 1,700 
 
 12 
 
 72 
 
 2,960 
 
 12 22 
 
 256 
 
 12 39 
 
 843 
 
 12 56 
 
 1,763 
 
 12 
 
 73 
 
 3,047 
 
 12 23 
 
 282 
 
 12 40 
 
 889 
 
 12 57 
 
 1,827 
 
 12 
 
 74 
 
 3,135 
 
 12 24 
 
 309 
 
 12 41 
 
 936 
 
 12 58 
 
 1,893 
 
 12 
 
 75 
 
 3,224 
 
 12 25 
 
 337 
 
 12 42 
 
 984 
 
 12 59 
 
 1,960 
 
 12 
 
 76 
 
 3,314 
 
 12 26 
 
 366 
 
 12 43 
 
 1,033 
 
 12 60 
 
 2,028 
 
 12 
 
 77 
 
 3,405
 
 Aci 2569 
 
 GEXKRAL, LAWS. 
 
 14S4 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents. 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 12 
 
 78 
 
 3,497 
 
 13 
 
 45 
 
 1,228 
 
 14 
 
 12 
 
 67 
 
 14 
 
 66 
 
 2,878 
 
 12 
 
 79 
 
 3,590 
 
 13 
 
 46 
 
 1,284 
 
 14 
 
 13 
 
 82 
 
 14 
 
 67 
 
 2,969 
 
 12 
 
 80 
 
 3,631 
 
 13 
 
 47 
 
 1,342 
 
 14 
 
 14 
 
 100 
 
 14 
 
 68 
 
 3,062 
 
 12 
 
 81 
 
 3,779 
 
 13 
 
 48 
 
 1,400 
 
 14 
 
 15 
 
 120 
 
 14 
 
 69 
 
 3,157 
 
 12 
 
 82 
 
 3,874 
 
 13 
 
 49 
 
 1,400 
 
 14 
 
 16 
 
 141 
 
 14 
 
 70 
 
 3,253 
 
 12 
 
 83 
 
 3,970 
 
 13 
 
 50 
 
 1,521 
 
 14 
 
 17 
 
 164 
 
 14 
 
 71 
 
 3,353 
 
 12 
 
 84 
 
 4,067 
 
 13 
 
 51 
 
 1,582 
 
 14 
 
 18 
 
 189 
 
 14 
 
 72 
 
 3,453 
 
 12 
 
 85 
 
 4,165 
 
 13 
 
 52 
 
 1,645 
 
 14 
 
 19 
 
 214 
 
 14 
 
 73 
 
 3,555 
 
 12 
 
 86 
 
 4,264 
 
 13 
 
 53 
 
 1,709 
 
 14 
 
 20 
 
 241 
 
 14 
 
 74 
 
 3,657 
 
 12 
 
 87 
 
 4,364 
 
 13 
 
 54 
 
 1,774 
 
 14 
 
 21 
 
 269 
 
 14 
 
 75 
 
 3,761 
 
 12 
 
 88 
 
 4,465 
 
 13 
 
 55 
 
 1,841 
 
 14 
 
 22 
 
 298 
 
 14 
 
 76 
 
 3,866 
 
 12 
 
 89 
 
 4,566 
 
 13 
 
 56 
 
 1,909 
 
 14 
 
 23 
 
 329 
 
 14 
 
 77 
 
 3,972 
 
 12 
 
 90 
 
 4,668 
 
 13 
 
 57 
 
 1,979 
 
 14 
 
 24 ■ 
 
 360 
 
 14 
 
 78 
 
 4,080 
 
 12 
 
 91 
 
 4,771 
 
 13 
 
 58 
 
 2,050 
 
 14 
 
 25 
 
 393 
 
 14 
 
 79 
 
 4,188 
 
 12 
 
 92 
 
 4,875 
 
 13 
 
 59 
 
 2,123 
 
 14 
 
 26 
 
 427 
 
 14 
 
 80 
 
 4,298 
 
 12 
 
 93 
 
 4,980 
 
 13 
 
 60 
 
 2,197 
 
 14 
 
 27 
 
 462 
 
 14 
 
 81 
 
 4,408 
 
 12 
 
 94 
 
 5,085 
 
 13 
 
 61 
 
 2,272 
 
 14 
 
 28 
 
 498 
 
 14 
 
 82 
 
 4,519 
 
 12 
 
 95 
 
 5,192 
 
 13 
 
 62 
 
 2,349 
 
 14 
 
 29 
 
 535 
 
 14 
 
 83 
 
 4,631 
 
 12 
 
 96 
 
 5,300 
 
 13 
 
 63 
 
 2,427 
 
 14 
 
 30 
 
 574 
 
 14 
 
 84 
 
 4,745 
 
 13 
 
 10 
 
 41 
 
 13 
 
 64 
 
 2,507 
 
 14 
 
 31 
 
 613 
 
 14 
 
 85 
 
 4,859 
 
 13 
 
 11 
 
 51 
 
 13 
 
 65 
 
 2,589 
 
 14 
 
 32 
 
 654 
 
 14 
 
 86 
 
 4,974 
 
 13 
 
 12 
 
 62 
 
 13 
 
 66 
 
 2,672 
 
 14 
 
 33 
 
 696 
 
 14 
 
 87 
 
 5,091 
 
 13 
 
 13 
 
 76 
 
 13 
 
 67 
 
 2,757 
 
 14 
 
 34 
 
 739 
 
 14 
 
 88 
 
 5,209 
 
 13 
 
 14 
 
 93 
 
 13 
 
 68 
 
 2,843 
 
 14 
 
 35 
 
 785 
 
 14 
 
 89 
 
 5,327 
 
 13 
 
 15 
 
 111 
 
 13 
 
 69 
 
 2,931 
 
 14 
 
 36 
 
 831 
 
 14 
 
 90 
 
 5,446 
 
 13 
 
 16 
 
 131 
 
 13 
 
 70 
 
 3,021 
 
 14 
 
 37 
 
 880 
 
 14 
 
 91 
 
 5,566 
 
 13 
 
 17 
 
 152 
 
 13 
 
 71 
 
 3,113 
 
 14 
 
 38 
 
 931 
 
 14 
 
 92 
 
 5,687 
 
 13 
 
 18 
 
 175 
 
 13 
 
 72 
 
 3,206 
 
 14 
 
 39 
 
 983 
 
 14 
 
 93 
 
 5,810 
 
 13 
 
 19 
 
 199 
 
 13 
 
 73 
 
 3,301 
 
 14 
 
 40 
 
 1,037 
 
 14 
 
 94 
 
 5,932 
 
 13 
 
 20 
 
 224 
 
 13 
 
 74 
 
 3,396 
 
 14 
 
 41 
 
 1,092 
 
 14 
 
 95 
 
 6,057 
 
 13 
 
 21 
 
 250 
 
 13 
 
 75 
 
 3,492 
 
 14 
 
 42 
 
 1,148 
 
 14 
 
 96 
 
 6,183 
 
 13 
 
 22 
 
 277 
 
 13 
 
 76 
 
 3,590 
 
 14 
 
 43 
 
 1,205 
 
 15 
 
 10 
 
 47 
 
 13 
 
 23 
 
 305 
 
 13 
 
 77 
 
 3,688 
 
 14 
 
 44 
 
 1,267 
 
 15 
 
 11 
 
 59 
 
 13 
 
 24 
 
 334 
 
 13 
 
 78 
 
 3,788 
 
 14 
 
 45 
 
 1,323 
 
 15 
 
 12 
 
 72 
 
 13 
 
 25 
 
 305 
 
 13 
 
 79 
 
 3,889 
 
 14 
 
 46 
 
 1,383 
 
 15 
 
 13 
 
 88 
 
 13 
 
 26 
 
 396 
 
 13 
 
 80 
 
 3,991 
 
 14 
 
 47 
 
 1,445 
 
 15 
 
 14 
 
 107 
 
 13 
 
 27 
 
 429 
 
 13 
 
 81 
 
 4,094 
 
 14 
 
 48 
 
 1,508 
 
 15 
 
 15 
 
 128 
 
 13 
 
 28 
 
 462 
 
 13 
 
 82 
 
 4,196 
 
 14 
 
 49 
 
 1,572 
 
 15 
 
 16 
 
 151 
 
 13 
 
 29 
 
 497 
 
 13 
 
 83 
 
 4,301 
 
 14 
 
 50 
 
 1,638 
 
 15 
 
 17 
 
 176 
 
 13 
 
 30 
 
 533 
 
 13 
 
 84 
 
 4,406 
 
 14 
 
 51 
 
 1,704 
 
 15 
 
 18 
 
 202 
 
 13 
 
 31 
 
 569 
 
 13 
 
 85 
 
 4,512 
 
 14 
 
 52 
 
 1,772 
 
 15 
 
 19 
 
 230 
 
 13 
 
 32 
 
 607 
 
 13 
 
 86 
 
 4,619 
 
 14 
 
 53 
 
 1,841 
 
 15 
 
 20 
 
 258 
 
 13 
 
 33 
 
 646 
 
 13 
 
 87 
 
 4,727 
 
 14 
 
 54 
 
 1,911 
 
 15 
 
 21 
 
 288 
 
 13 
 
 34 
 
 686 
 
 13 
 
 88 
 
 4,837 
 
 14 
 
 55 
 
 1,983 
 
 15 
 
 22 
 
 320 
 
 13 
 
 35 
 
 729 
 
 13 
 
 89 
 
 4,946 
 
 14 
 
 56 
 
 2,056 
 
 15 
 
 23 
 
 352 
 
 13 
 
 36 
 
 772 
 
 13 
 
 90 
 
 5,057 
 
 14 
 
 57 
 
 2,131 
 
 15 
 
 24 
 
 387 
 
 13 
 
 37 
 
 817 
 
 13 
 
 91 
 
 5,168 
 
 14 
 
 58 
 
 2,208 
 
 15 
 
 25 
 
 421 
 
 13 
 
 38 
 
 864 
 
 13 
 
 92 
 
 5,281 
 
 14 
 
 59 
 
 2,286 
 
 15 
 
 26 
 
 457 
 
 13 
 
 39 
 
 913 
 
 13 
 
 93 
 
 5,395 
 
 14 
 
 60 
 
 2,366 
 
 15 
 
 27 
 
 495 
 
 13 
 
 40 
 
 963 
 
 13 
 
 94 
 
 5,.508 
 
 14 
 
 61 
 
 2,447 
 
 15 
 
 28 
 
 533 
 
 13 
 
 41 
 
 1,014 
 
 13 
 
 95 
 
 5,624 
 
 14 
 
 62 
 
 2,530 
 
 15 
 
 29 
 
 573 
 
 13 
 
 42 
 
 1,066 
 
 13 
 
 96 
 
 5,741 
 
 14 
 
 63 
 
 2,614 
 
 15 
 
 30 
 
 61.3 
 
 13 
 
 43 
 
 1,119 
 
 14 
 
 10 
 
 44 
 
 14 
 
 64 
 
 2,700 
 
 15 
 
 31 
 
 657 
 
 13 
 
 44 
 
 1,176 
 
 14 
 
 11 
 
 55 
 
 14 
 
 65 
 
 2,789 
 
 15 
 
 32 
 
 701
 
 148S 
 
 L.OGS. 
 
 ActSSCd 
 
 Diara- 
 Length, eter, 
 Feet. Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 15 
 15 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 33 
 34 
 35 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40 
 
 41 
 
 42 
 
 43 
 
 44 
 
 45 
 
 46 
 
 47 
 
 48 
 
 49 
 
 50 
 
 51 
 
 52 
 
 53 
 
 54 
 
 55 
 
 56 
 
 57 
 
 58 
 
 59 
 
 60 
 
 61 
 
 62 
 
 63 
 
 64 
 
 65 
 
 66 
 
 67 
 
 68 
 
 69 
 
 70 
 
 71 
 
 72 
 
 73 
 
 74 
 
 75 
 
 76 
 
 77 
 
 78 
 
 79 
 
 80 
 
 81 
 
 82 
 
 83 
 
 84 
 
 85 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 746 
 792 
 841 
 891 
 943 
 997 
 1,05?. 
 1,111 
 1,170 
 1,230 
 1,291 
 1,357 
 1,417 
 1,482 
 1,548 
 1,616 
 1,685 
 1,755 
 1,826 
 1,898 
 1,972 
 2,047 
 2,125 
 2,203 
 2,283 
 2,366 
 2,450 
 2,535 
 2,622 
 2,711 
 2,801 
 2,893 
 2,987 
 3,083 
 3,181 
 3,281 
 3,382 
 3,486 
 3,592 
 3,700 
 3,809 
 3,919 
 4,030 
 4,142 
 4,256 
 4,371 
 4,487 
 4,605 
 4,723 
 4,842 
 4,962 
 5,084 
 5,206 
 5,330 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 1 16 
 
 87 
 88 
 
 on 
 
 90 
 
 91 
 
 92 
 
 93 
 
 94 
 
 95 
 
 96 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 32 
 
 33 
 
 34 
 
 35 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40 
 
 41 
 
 42 
 
 43 
 
 44 
 
 45 
 
 46 
 
 47 
 
 48 
 
 49 
 
 50 
 
 51 
 
 52 
 
 53 
 
 Diam- 
 Length, eter. 
 Feet. Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 5,455 
 5,581 
 
 5,707 
 
 5,835 
 
 5,964 
 
 6,094 
 
 6,225 
 
 6,356 
 
 6,490 
 
 6,625 
 50 
 63 
 77 
 94 
 114 
 137 
 161 
 188 
 216 
 245 
 276 
 308 
 341 
 376 
 412 
 449 
 488 
 528 
 569 
 612 
 656 
 701 
 748 
 790 
 845 
 897 
 950 
 1,006 
 1,064 
 1,124 
 1,185 
 1,248 
 1,312 
 1,377 
 1,448 
 1,512 
 1,581 
 1,652 
 1,724 
 1,797 
 1,872 
 1,948 
 2,025 
 2,104 
 
 16 
 16 
 
 16 
 
 16 
 
 16 
 
 10 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 16 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 54 
 55 
 56 
 57 
 
 58 
 
 59 
 
 60 
 
 61 
 
 62 
 
 63 
 
 64 
 
 65 
 
 66 
 
 67 
 
 68 
 
 69 
 
 70 
 
 71 
 
 72 
 
 73 
 
 74 
 
 75 
 
 76 
 
 77 
 
 78 
 
 79 
 
 80 
 
 81 
 
 82 
 
 83 
 
 84 
 
 85 
 
 86 
 
 87 
 
 88 
 
 89 
 
 90 
 
 91 
 
 92 
 
 93 
 
 94 
 
 95 
 
 96 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 Length 
 Feet. 
 
 2,184 
 2,266 
 2,350 
 2,436 
 
 2,524 
 2,613 
 2,704 
 2,797 
 2,892 
 2,988 
 3,086 
 3,186 
 3,289 
 3,393 
 3,500 
 3,608 
 3,718 
 3,832 
 3,946 
 4,062 
 4,180 
 4,298 
 4,418 
 4,540 
 4,663 
 4,786 
 4,912 
 5,038 
 5,165 
 5,293 
 5,423 
 5,553 
 5,685 
 5,818 
 5,953 
 6,088 
 6,224 
 6,361 
 6,500 
 6,640 
 6,780 
 6,922 
 7,066 
 . 53 
 67 
 ■ 82 
 100 
 12] 
 145 
 171 
 199 
 229 
 260 
 203 
 
 17 
 17 
 17 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 17 
 
 Diam- 
 eter, 
 Inches. 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 32 
 
 33 
 
 34 
 
 35 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40 
 
 41 
 
 42 
 
 43 
 
 44 
 
 45 
 
 46 
 
 47 
 
 48 
 
 49 
 
 50 
 
 51 
 
 52 
 
 53 
 
 54 
 
 55 
 
 56 
 
 57 
 
 58 
 
 59 
 
 60 
 
 61 
 
 62 
 
 63 
 
 64 
 
 65 
 
 66 
 
 67 
 
 68 
 
 69 
 
 70 
 
 71 
 
 72 
 
 73 
 
 74 
 
 Con- 
 tents, 
 Feet. 
 
 327 
 362 
 399 
 437 
 477 
 518 
 561 
 604 
 650 
 697 
 745 
 794 
 845 
 898 
 953 
 1,010 
 1,069 
 1,130 
 1,194 
 1,259 
 1,326 
 1,394 
 1,463 
 1,538 
 1,606 
 1,680 
 1,755 
 1,831 
 1,909 
 1,989 
 2,069 
 2,151 
 2,235 
 2,320 
 2,408 
 2,497 
 2,588 
 2,681 
 2,776 
 2,873 
 2,972 
 3,072 
 3,174 
 3,279 
 3,385 
 3,494 
 3,605 
 3,718 
 3,833 
 3,951 
 4,071 
 4,193 
 4,316 
 4,441
 
 Xct 2568 
 
 
 
 C 
 
 iENERA 
 
 L LAW 
 
 S. 
 
 
 
 
 1480 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 . eter, 
 Indies. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 17 
 
 75 
 
 4,567 
 
 18 
 
 42 
 
 1,476 
 
 18 
 
 96 
 
 7,950 
 
 19 
 
 63 
 
 3,548 
 
 17 
 
 76 
 
 4,694 
 
 18 
 
 43 
 
 1,549 
 
 19 
 
 10 
 
 60 
 
 19 
 
 64 
 
 3,665 
 
 17 
 
 77 
 
 4,823 
 
 18 
 
 44 
 
 1.629 
 
 19 
 
 11 
 
 74 
 
 19 
 
 65 
 
 3,784 
 
 17 
 
 78 
 
 4,954 
 
 18 
 
 45 
 
 1,701 
 
 19 
 
 12 
 
 91 
 
 19 
 
 66 
 
 3,906 
 
 17 
 
 79 
 
 5,085 
 
 18 
 
 46 
 
 1,779 
 
 19 
 
 13 
 
 112 
 
 19 
 
 67 
 
 4,029 
 
 17 
 
 80 
 
 5,219 
 
 18 
 
 47 
 
 1,858 
 
 19 
 
 14 
 
 136 
 
 19 
 
 68 
 
 4,156 
 
 17 
 
 81 
 
 5,353 
 
 18 
 
 48 
 
 1,939 
 
 19 
 
 15 
 
 163 
 
 19 
 
 69 
 
 4,284 
 
 17 
 
 82 
 
 5,488 
 
 18. 
 
 49 
 
 2,022 
 
 19 
 
 16 
 
 191 
 
 19 
 
 70 
 
 4,415 
 
 17 
 
 83 
 
 5,624 
 
 18 
 
 50 
 
 2,106 
 
 19 
 
 17 
 
 223 
 
 19 
 
 71 
 
 4,550 
 
 17 
 
 84 
 
 5,762 
 
 18 
 
 51 
 
 2,191 
 
 19 
 
 18 
 
 256 
 
 19 
 
 72 
 
 4,686 
 
 17 
 
 85 
 
 5,900 
 
 18 
 
 52 
 
 2,278 
 
 19 
 
 19 
 
 291 
 
 19 
 
 73 
 
 4,824 
 
 17 
 
 86 
 
 6,040 
 
 18 
 
 53 
 
 2,367 
 
 19 
 
 20 
 
 327 
 
 19 
 
 74 
 
 4,964 
 
 17 
 
 87 
 
 6,182 
 
 18 
 
 54 
 
 2,457 
 
 19 
 
 21 
 
 365 
 
 19 
 
 75 
 
 5,104 
 
 17 
 
 88 
 
 6,325 
 
 18 
 
 55 
 
 2,550 
 
 19 
 
 22 
 
 405 
 
 19 
 
 76 
 
 5,246 
 
 17 
 
 89 
 
 6,468 
 
 18 
 
 56 
 
 2,644 
 
 19 
 
 23 
 
 446 
 
 19 
 
 77 
 
 5,391 
 
 17 
 
 90 
 
 6,613 
 
 18 
 
 57 
 
 2,740 
 
 19 
 
 24 
 
 489 
 
 19 
 
 78 
 
 5,537 
 
 17 
 
 91 
 
 6,759 
 
 18 
 
 58 
 
 2,839 
 
 19 
 
 25 
 
 533 
 
 19 
 
 79 
 
 5,684 
 
 17 
 
 92 
 
 6,906 
 
 18 
 
 59 
 
 2,940 
 
 19 
 
 26 
 
 579 
 
 19 
 
 80 
 
 5,833 
 
 17 
 
 93 
 
 7,055 
 
 18 
 
 60 
 
 3,042 
 
 19 
 
 27 
 
 627 
 
 19 
 
 81 
 
 5,983 
 
 17 
 
 94 
 
 7,203 
 
 18 
 
 61 
 
 3,147 
 
 19 
 
 28 
 
 676 
 
 19 
 
 82 
 
 6,133 
 
 17 
 
 95 
 
 7,355 
 
 18 
 
 62 
 
 3,253 
 
 19 
 
 29 
 
 726 
 
 19 
 
 83 
 
 6,285 
 
 17 
 
 96 
 
 7,508 
 
 18 
 
 63 
 
 3,361 
 
 19 
 
 30 
 
 779 
 
 19 
 
 84 
 
 6,440 
 
 18 
 
 10 
 
 57 
 
 18 
 
 64 
 
 3,472 
 
 19 
 
 31 
 
 832 
 
 19 
 
 85 
 
 6,594 
 
 18 
 
 11 
 
 70 
 
 18 
 
 65 
 
 3,585 
 
 19 
 
 32 
 
 888 
 
 19 
 
 86 
 
 6,751 
 
 18 
 
 12 
 
 87 
 
 18 
 
 66 
 
 3,700 
 
 19 
 
 33 
 
 945 
 
 19 
 
 87 
 
 6,909 
 
 18 
 
 13 
 
 106 
 
 18 
 
 67 
 
 3,817 
 
 19 
 
 34 
 
 1,003 
 
 19 
 
 88 
 
 7,069 
 
 18 
 
 14 
 
 129 
 
 18 
 
 68 
 
 3,937 
 
 19 
 
 35 
 
 1,065 
 
 19 
 
 89 
 
 7,229 
 
 18 
 
 15 
 
 154 
 
 18 
 
 69 
 
 4,059 
 
 19 
 
 36 
 
 1,128 
 
 19 
 
 90 
 
 7,391 
 
 18 
 
 16 
 
 181 
 
 18 
 
 70 
 
 4,183 
 
 19 
 
 37 
 
 1,195 
 
 19 
 
 91 
 
 7,554 
 
 18 
 
 17 
 
 211 
 
 18 
 
 71 
 
 4,311 
 
 19 
 
 38 
 
 1,263 
 
 19 
 
 92 
 
 7,719 
 
 18 
 
 18 
 
 243 
 
 18 
 
 72 
 
 4,440 
 
 19 
 
 39 
 
 1,334 
 
 19 
 
 93 
 
 7,885 
 
 18 
 
 19 
 
 276 
 
 18 
 
 73 
 
 4,570 
 
 19 
 
 40 
 
 1,407 
 
 19 
 
 94 
 
 8,051 
 
 18 
 
 20 
 
 310 
 
 18 
 
 74 
 
 4,702 
 
 19 
 
 41 
 
 1,482 
 
 19 
 
 95 
 
 8,220 
 
 18 
 
 21 
 
 346 
 
 18 
 
 75 
 
 4,836 
 
 19 
 
 42 
 
 1,558 
 
 19 
 
 96 
 
 8,391 
 
 18 
 
 22 
 
 384 
 
 18 
 
 76 
 
 4,970 
 
 19 
 
 43 
 
 1,635 
 
 20 
 
 10 
 
 63 
 
 18 
 
 23 
 
 423 
 
 18 
 
 77 
 
 5,107 
 
 19 
 
 44 
 
 1,719 
 
 20 
 
 11 
 
 78 
 
 18 
 
 24 
 
 463 
 
 18 
 
 78 
 
 5,245 
 
 19 
 
 45 
 
 1,795 
 
 20 
 
 12 
 
 96 
 
 18 
 
 25 
 
 505 
 
 18 
 
 79 
 
 5,385 
 
 19 
 
 46 
 
 1,877 
 
 20 
 
 13 
 
 118 
 
 18 
 
 26 
 
 549 
 
 18 
 
 80 
 
 5,526 
 
 19 
 
 47 
 
 1,961 
 
 20 
 
 14 
 
 143 
 
 18 
 
 27 
 
 594 
 
 18 
 
 81 
 
 5,608 
 
 19 
 
 48 
 
 2,047 
 
 20 
 
 15 
 
 171 
 
 18 
 
 28 
 
 640 
 
 18 
 
 82 
 
 5,811 
 
 19 
 
 49 
 
 2,134 
 
 20 
 
 16 
 
 207 
 
 18 
 
 29 
 
 688 
 
 18 
 
 83 
 
 5,955 
 
 19 
 
 50 
 
 2,223 
 
 20 
 
 17 
 
 235 
 
 18 
 
 30 
 
 738 
 
 18 
 
 84 
 
 6,101 
 
 19 
 
 51 
 
 2,313 
 
 20 
 
 18 
 
 270 
 
 18 
 
 31 
 
 789 
 
 18* 
 
 85 
 
 6,247 
 
 19 
 
 52 
 
 2,405 
 
 20 
 
 19 
 
 306 
 
 18 
 
 32 
 
 841 
 
 18 
 
 86 
 
 6,396 
 
 19 
 
 53 
 
 2,498 
 
 20 
 
 20 
 
 345 
 
 18 
 
 33 
 
 895 
 
 18 
 
 87 
 
 6,546 
 
 19 
 
 54 
 
 2,593 
 
 20 
 
 21 
 
 385 
 
 18 
 
 34 
 
 951 
 
 18 
 
 88 
 
 6,697 
 
 19 
 
 55 
 
 2,691 
 
 20 
 
 22 
 
 426 
 
 18 
 
 35 
 
 1,009 
 
 18 
 
 89 
 
 6,849 
 
 19 
 
 56 
 
 2,791 
 
 20 
 
 23 
 
 470 
 
 18 
 
 36 
 
 1,069 
 
 18 
 
 90 
 
 7,002 
 
 19 
 
 57 
 
 2,892 
 
 20 
 
 24 
 
 515 
 
 18 
 
 37 
 
 1,132 
 
 18 
 
 91 
 
 7,156 
 
 19 
 
 58 
 
 2,997 
 
 20 
 
 25 
 
 561 
 
 18 
 
 38 
 
 1,197 
 
 18 
 
 92 
 
 7,312 
 
 19 
 
 59 
 
 3,103 
 
 20 
 
 26 
 
 610 
 
 18 
 
 39 
 
 1,264 
 
 18 
 
 93 
 
 7,470 
 
 19 
 
 60 
 
 3,211 
 
 20 
 
 27 
 
 660 
 
 18 
 
 40 
 
 1,333 
 
 18 
 
 94 
 
 7,627 
 
 19 
 
 61 
 
 3,321 
 
 20 
 
 28 
 
 711 
 
 18 
 
 41 
 
 1,404 
 
 18 
 
 95 
 
 7,788 
 
 19 
 
 62 
 
 3,434 
 
 20 
 
 29 
 
 765
 
 14S7 
 
 
 
 
 
 LOGS. 
 
 
 
 
 Act 2569 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam-^ 
 
 eter. 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet. 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 20 
 
 30 
 
 820 
 
 20 
 
 84 
 
 6,778 
 
 21 
 
 51 
 
 2,556 
 
 22 
 
 42 
 
 1,804 
 
 20 
 
 31 
 
 876 
 
 20 
 
 85 
 
 6,941 
 
 21 
 
 52 
 
 2,657 
 
 22 
 
 43 
 
 1,893 
 
 20 
 
 32 
 
 935 
 
 20 
 
 86 
 
 7,106 
 
 21 
 
 53 
 
 2,761 
 
 22 
 
 44 
 
 1,991 
 
 20 
 
 33 
 
 995 
 
 20 
 
 87 
 
 7,273 
 
 21 
 
 54 
 
 2,866 
 
 22 
 
 45 
 
 2,079 
 
 20 
 
 34 
 
 1,056 
 
 20 
 
 88 
 
 7,441 
 
 21 
 
 55 
 
 2,974 
 
 22 
 
 46 
 
 2,174 
 
 20 
 
 35 
 
 1,121 
 
 20 
 
 89 
 
 7,610 
 
 21 
 
 56 
 
 3,085 
 
 22 
 
 47 
 
 2,271 
 
 20 
 
 36 
 
 1,188 
 
 20 
 
 90 
 
 7,780 
 
 21 
 
 57 
 
 3,197 
 
 22 
 
 48 
 
 2,370 
 
 20 
 
 37 
 
 1,258 
 
 20 
 
 91 
 
 7,951 
 
 21 
 
 58 
 
 3,312 
 
 22 
 
 49 
 
 2,470 
 
 20 
 
 38 
 
 1,330 
 
 20 
 
 92 
 
 8,125 
 
 21 
 
 59 
 
 3,429 
 
 22 
 
 50 
 
 2,574 
 
 20 
 
 39 
 
 1,405 
 
 20 
 
 93 
 
 8,300 
 
 21 
 
 60 
 
 3,549 
 
 22 
 
 51 
 
 2,678 
 
 20 
 
 40 
 
 1,481 
 
 20 
 
 94 
 
 8,475 
 
 21 
 
 61 
 
 3,671 
 
 22 
 
 52 
 
 2,784 
 
 20 
 
 41 
 
 1,560 
 
 20 
 
 95 
 
 8,653 
 
 21 
 
 62 
 
 3,795 
 
 22 
 
 53 
 
 2,893 
 
 20 
 
 42 
 
 1,640 
 
 20 
 
 96 
 
 8,833 
 
 21 
 
 63 
 
 3,921 
 
 22 
 
 54 
 
 3,003 
 
 20 
 
 43 
 
 1,721 
 
 21 
 
 10 
 
 66 
 
 21 
 
 64 
 
 4,051 
 
 22 
 
 55 
 
 3,116 
 
 20 
 
 44 
 
 1,810 
 
 21 
 
 11 
 
 82 
 
 21 
 
 65 
 
 4,182 
 
 22 
 
 56 
 
 3,232 
 
 20 
 
 45 
 
 1,890 
 
 21 
 
 12 
 
 10] 
 
 21 
 
 66 
 
 4,316 
 
 22 
 
 57 
 
 3,349 
 
 20 
 
 46 
 
 1,976 
 
 21 
 
 13 
 
 124 
 
 21 
 
 67 
 
 4,453 
 
 22 
 
 58 
 
 3,470 
 
 20 
 
 47 
 
 2,065 
 
 21 
 
 14 
 
 150 
 
 21 
 
 68 
 
 4,593 
 
 22 
 
 59 
 
 3,592 
 
 20 
 
 48 
 
 2,155 
 
 21 
 
 15 
 
 18L1 
 
 21 
 
 69 
 
 4,735 
 
 22 
 
 60 
 
 3,718 
 
 20 
 
 49 
 
 2,246 
 
 21 
 
 16 
 
 211 
 
 21 
 
 70 
 
 4,880 
 
 22 
 
 61 
 
 3,846 
 
 20 
 
 50 
 
 2,340 
 
 21 
 
 17 
 
 246 
 
 21 
 
 71 
 
 5,029 
 
 22 
 
 62 
 
 3,976 
 
 20 
 
 51 
 
 2,435 
 
 21 
 
 18 
 
 283 
 
 21 
 
 72 
 
 5,180 
 
 22 
 
 63 
 
 4,108 
 
 20 
 
 52 
 
 2,531 
 
 21 
 
 19 
 
 322 
 
 22 
 
 10 
 
 69 
 
 22 
 
 64 
 
 4,244 
 
 20 
 
 53 
 
 2,630 
 
 21 
 
 20 
 
 362 
 
 22 
 
 11 
 
 86 
 
 22 
 
 65 
 
 4,381 
 
 20 
 
 54 
 
 2,730 
 
 21 
 
 21 
 
 404 
 
 22 
 
 12 
 
 lOfi 
 
 22 
 
 66 
 
 4,522 
 
 20 
 
 55 
 
 2,833 
 
 21 
 
 22 
 
 448 
 
 22 
 
 13 
 
 130 
 
 22 
 
 67 
 
 4,665 
 
 20 
 
 56 
 
 2,938 
 
 21 
 
 23 
 
 493 
 
 22 
 
 14 
 
 157 
 
 22 
 
 68 
 
 4,812 
 
 20 
 
 57 
 
 3,045 
 
 21 
 
 24 
 
 540 
 
 22 
 
 15 
 
 188 
 
 22 
 
 69 
 
 4,961 
 
 20 
 
 58 
 
 3,155 
 
 21 
 
 25 
 
 589 
 
 22 
 
 16 
 
 221 
 
 22 
 
 70 
 
 5,113 
 
 20 
 
 59 
 
 3,266 
 
 21 
 
 26 
 
 640 
 
 22 
 
 17 
 
 25S 
 
 22 
 
 71 
 
 5,269 
 
 20 
 
 60 
 
 3,380 
 
 21 
 
 27 
 
 693 
 
 22 
 
 18 
 
 297 
 
 22 
 
 72 
 
 5,426 
 
 20 
 
 61 
 
 3,496 
 
 21 
 
 28 
 
 747 
 
 22 
 
 19 
 
 337 
 
 23 
 
 10 
 
 72 
 
 20 
 
 62 
 
 3,615 
 
 21 
 
 29 
 
 803 
 
 22 
 
 20 
 
 379 
 
 23 
 
 11 
 
 90 
 
 20 
 
 63 
 
 3,735 
 
 21 
 
 30 
 
 861 
 
 22 
 
 21 
 
 423 
 
 23 
 
 12 
 
 111 
 
 20 
 
 64 
 
 3,858 
 
 21 
 
 31 
 
 920 
 
 22 
 
 22 
 
 469 
 
 23 
 
 13 
 
 136 
 
 20 
 
 65 
 
 3,983 
 
 21 
 
 32 
 
 981 
 
 22 
 
 23 
 
 517 
 
 23 
 
 14 
 
 164 
 
 20 
 
 66 
 
 4,111 
 
 21 
 
 33 
 
 1,044 
 
 22 
 
 24 
 
 566 
 
 23 
 
 15 
 
 197 
 
 20 
 
 67 
 
 4,241 
 
 21 
 
 34 
 
 1,109 
 
 22 
 
 25 
 
 617 
 
 23 
 
 16 
 
 231 
 
 20 
 
 68 
 
 4,375 
 
 21 
 
 35 
 
 1,177 
 
 22 
 
 26 
 
 671 
 
 23 
 
 17 
 
 270 
 
 20 
 
 69 
 
 4,510 
 
 21 
 
 36 
 
 1,247 
 
 22 
 
 27 
 
 726 
 
 23 
 
 18 
 
 310 
 
 20 
 
 70 
 
 4,648 
 
 21 
 
 37 
 
 1,321 
 
 22 
 
 28 
 
 782 
 
 23 
 
 19 
 
 35S 
 
 20 
 
 71 
 
 4,790 
 
 21 
 
 38 
 
 1,397 
 
 22 
 
 29 
 
 841 
 
 23 
 
 20 
 
 39e- 
 
 20 
 
 72 
 
 4,938 
 
 21 
 
 39 
 
 1,475 
 
 22 
 
 30 
 
 902 
 
 23 
 
 21 
 
 44L^ 
 
 20 
 
 73 
 
 5,078 
 
 21 
 
 40 
 
 1,555 
 
 22 
 
 31 
 
 964 
 
 23 
 
 22 
 
 490 
 
 20 
 
 74 
 
 5,225 
 
 21 
 
 41 
 
 1,638 
 
 22 
 
 32 
 
 1,028 
 
 23 
 
 23 
 
 54ft 
 
 20 
 
 75 
 
 5,372 
 
 21 
 
 42 
 
 1,722 
 
 22 
 
 33 
 
 1,094 
 
 23 
 
 24 
 
 592 
 
 20 
 
 76 
 
 5,522 
 
 21 
 
 43 
 
 1,807 
 
 22 
 
 34 
 
 1,162 
 
 23 
 
 25 
 
 645 
 
 20 
 
 77 
 
 5,676 
 
 21 
 
 44 
 
 1,900 
 
 22 
 
 35 
 
 1,233 
 
 23 
 
 26 
 
 701 
 
 20 
 
 78 
 
 5,829 
 
 21 
 
 45 
 
 1,984 
 
 22 
 
 36 
 
 1,307 
 
 23 
 
 27 
 
 759 
 
 20 
 
 79 
 
 5,983 
 
 21 
 
 46 
 
 2,075 
 
 22 
 
 37 
 
 1,384 
 
 23 
 
 28 
 
 818 
 
 20 
 
 80 
 
 6,140 
 
 21 
 
 47 
 
 2,168 
 
 22 
 
 38 
 
 1,463 
 
 23 
 
 29 
 
 879 
 
 20 
 
 81 
 
 6,298 
 
 21 
 
 48 
 
 2,262 
 
 22 
 
 39 
 
 1,545 
 
 23 
 
 30 
 
 943 
 
 20 
 
 82 
 
 6,456 
 
 21 
 
 49 
 
 2,385 
 
 22 
 
 40 
 
 1,629 
 
 23 
 
 31 
 
 1,008 
 
 20 
 
 83 
 
 6,616 
 
 21 
 
 50 
 
 2,457 
 
 22 
 
 41 
 
 1,716 
 
 23 
 
 32 
 
 1,075
 
 Act 2569, §§ 3-e 
 
 GBNERAIi LAWS. 
 
 14S.S 
 
 Length 
 Feet 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Ijengtli 
 Feet 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet. 
 
 Length 
 Feet 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet 
 
 Length 
 Feet 
 
 Diam- 
 eter, 
 Inches. 
 
 Con- 
 tents, 
 Feet 
 
 23 
 
 33 
 
 1,144 
 
 23 
 
 59 
 
 3,756 
 
 24 
 
 22 
 
 512 
 
 24 
 
 48 
 
 2,586 
 
 23 
 
 34 
 
 1,215 
 
 23 
 
 60 
 
 3,887 
 
 24 
 
 23 
 
 564 
 
 24 
 
 49 
 
 2,696 
 
 23 
 
 35 
 
 1,289 
 
 23 
 
 61 
 
 4,021 
 
 24 
 
 24 
 
 618 
 
 24 
 
 50 
 
 2,808 
 
 23 
 
 36 
 
 1,366 
 
 23 
 
 62 
 
 4,157 
 
 24 
 
 25 
 
 674 
 
 24 
 
 51 
 
 2,922 
 
 23 
 
 37 
 
 1,447 
 
 23 
 
 63 
 
 4,295 
 
 24 
 
 26 
 
 732 
 
 24 
 
 52 
 
 3,038 
 
 23 
 
 38 
 
 1,529 
 
 23 
 
 64 
 
 4,437 
 
 24 
 
 27 
 
 792 
 
 24 
 
 53 
 
 3,156 
 
 23 
 
 39 
 
 1,615 
 
 23 
 
 65 
 
 4,580 
 
 24 
 
 28 
 
 854 
 
 24 
 
 54 
 
 3,276 
 
 23 
 
 40 
 
 1,703 
 
 23 
 
 66 
 
 4,728 
 
 24 
 
 29 
 
 918 
 
 24 
 
 55 
 
 3,400 
 
 23 
 
 41 
 
 1,794 
 
 23 
 
 67 
 
 4,877 
 
 24 
 
 30 
 
 984 
 
 24 
 
 56 
 
 3,526 
 
 23 
 
 42 
 
 1,886 
 
 23 
 
 68 
 
 5,031 
 
 24 
 
 31 
 
 1,052 
 
 24 
 
 57 
 
 3,654 
 
 23 
 
 43 
 
 1,979 
 
 23 
 
 69 
 
 5,186 
 
 24 
 
 32 
 
 1,122 
 
 24 
 
 58 
 
 3,786 
 
 23 
 
 44 
 
 2,081 
 
 23 
 
 70 
 
 5,345 
 
 24 
 
 33 
 
 1,194 
 
 24 
 
 59 
 
 3,920 
 
 23 
 
 45 
 
 2,173 
 
 23 
 
 71 
 
 5,508 
 
 24 
 
 34 
 
 1,268 
 
 24 
 
 60 
 
 4,056 
 
 23 
 
 46 
 
 2,273 
 
 23 
 
 72 
 
 5,673 
 
 24 
 
 35 
 
 1,346 
 
 24 
 
 61 
 
 4,196 
 
 23 
 
 47 
 
 2,374 
 
 24 
 
 10 
 
 76 
 
 24 
 
 36 
 
 1,426 
 
 24 
 
 62 
 
 4,338 
 
 23 
 
 48 
 
 2,478 
 
 24 
 
 11 
 
 94 
 
 24 
 
 37 
 
 1,510 
 
 24 
 
 63 
 
 4,482 
 
 23 
 
 49 
 
 2,582 
 
 24 
 
 12 
 
 116 
 
 24 
 
 38 
 
 1,596 
 
 24 
 
 64 
 
 4,630 
 
 23 
 
 50 
 
 2,691 
 
 24 
 
 13 
 
 142 
 
 24 
 
 39 
 
 1,686 
 
 24 
 
 65 
 
 4,780 
 
 23 
 
 51 
 
 2,800 
 
 24 
 
 14 
 
 172 
 
 24 
 
 40 
 
 1,778 
 
 24 
 
 66 
 
 4,934 
 
 23 
 
 52 
 
 2,911 
 
 24 
 
 15 
 
 206 
 
 24 
 
 41 
 
 1,872 
 
 24 
 
 67 
 
 5,090 
 
 23 
 
 53 
 
 3,024 
 
 24 
 
 16 
 
 242 
 
 24 
 
 42 
 
 1,968 
 
 24 
 
 68 
 
 5,250 
 
 23 
 
 54 
 
 3,139 
 
 24 
 
 17 
 
 282 
 
 24 
 
 43 
 
 2,066 
 
 24 
 
 69 
 
 5,412 
 
 23 
 
 55 
 
 3,258 
 
 24 
 
 18 
 
 324 
 
 24 
 
 44 
 
 2,172 
 
 24 
 
 70 
 
 5,578 
 
 23 
 
 56 
 
 3,379 
 
 24 
 
 19 
 
 368 
 
 24 
 
 45 
 
 2,268 
 
 24 
 
 71 
 
 5,748 
 
 23 
 
 57 
 
 3,501 
 
 24 
 
 20 
 
 414 
 
 24 
 
 46 
 
 2,372 
 
 24 
 
 72 
 
 5,920 
 
 23 
 
 58 
 
 3,628 
 
 24 
 
 21 
 
 462 
 
 24 
 
 47 
 
 2,478 
 
 
 
 
 Measurement of logs of greater length. 
 
 f 3. For the measureraent of logs of any greater length than indicated in the table 
 set forth in section two of this act, the computation shall be made in accordance with 
 table. 
 
 Logs, how measured. 
 
 $ 4. All logs shall be measured at the small end and inside the bark, and the eon- 
 tents computed according to section two of this act. [Amendment, Stats. 1880, p. 119.] 
 
 Allowances made. 
 
 $ 5. Allowance shall be made for rot, shake, or other defect in logs measured by this 
 scale and under the provisions of this act, so as to make the survey express the actual 
 quantity of merchantable lumber in each log. 
 
 $ 6. This act shall take effect immediately. 
 
 1. Quarter scale method. — As to the 
 
 "quarter scale" method of scaling timber, 
 .see Bulock v. Consumer's Lumber Co., 3 
 Cal. Unrep. 609. 
 
 2. Both parties bonnd by decision ot 
 scaler. — Whpre a contract for the purchase 
 and sale of merchantable timber provides 
 
 that the merchantable character of the tim- 
 ber shall be passed on by a licensed scaler, 
 in the absence of fraud, both parties are 
 bound by the decision of such scaler. — Bul- 
 lock V. Consumer's Lumber Co., 3 Cal. 
 Unrep. 609. 
 
 LOMPOC. 
 
 See Act 3094, note.
 
 1480 
 
 LONG BEACH. 
 
 Act 2574 
 
 CHAPTER 200. 
 LONG BEACH. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2574. Freeholders' Charter. 
 2575. Tide Land Grant. 
 
 FREEHOLDERS' CHARTER. 
 
 ACT 2574— Freeholders' charter. 
 
 History: Ratified at an election held February 5, 1907; adopted 
 February 26, 1907, Stats. 1907, p. 1176. Amended October 14, 1914. 
 Filed with the secretary of state January 28, 1915, Stats. 1915, p. 1652. 
 
 Originally incorporated as a city of the 
 sixth class in 1888 under the general law of 
 883. Disincorporated in 1896. Incorporated 
 in 1897 under the general law of 1883, as a 
 city of the sixth class. 
 
 See Act 2575, annotations. 
 
 1. Freeholder charters, operation of^ 
 Adjacent lands. — A freeholder charter is 
 operative over such territory only as is al- 
 ready erected into a municipality, and the 
 constitution has not delegated to cities the 
 power, in framing such charters to annex 
 adjacent territory without consulting the 
 inhabitants of such territory. — People ex 
 rel. Scholler v. Long Beach, 155 Cal. 604. 
 
 2. Same — Legislative approval of, annex- 
 ing adjacent lands, does not oiierate to in- 
 clude. — The approval by the legislature of 
 a freeholder's charter including adjacent 
 territory not legally annexed does not have 
 the effect of fixing the boundaries of such 
 city so as to include such territory. — Peo- 
 ple ex rel. Scholler v. Long Beach, 155 Cal. 
 604. 
 
 3. Charter invests city ■with control over 
 public utilities. — The charter of Long Beach 
 invests the power of control over its util- 
 ities in the city itself, and the commission 
 has no jurisdiction therein. — Long Beach 
 Chamber of Commerce v. Pacific Electric 
 Co., 3 R. C. D. 611. 
 
 4. PoTver of utilities can not be divested 
 by charter amendment. — The powers now 
 vested in municipalities over public utilities 
 can not be divested through a charter 
 amendment, but must be brouglit about un- 
 der the scheme provided by the legislature. 
 • — Long Beach Chamber of Commerce v. Pa- 
 cific Electric Co., 2 R. C. D., 455. 
 
 5. Construction of charter provisions re- 
 luting to certain improvements. — Subdivi- 
 sion 8 of section 3, of article XI, of the Long 
 Beach charter, providing for a two-thirds 
 vote on the question of a bond issue for 
 the improvements named, is limited to such 
 improvements and can not be construed as 
 applying to the improvements of a differ- 
 ent nature specified in subdivision 11 of 
 section 21, of the same article, as to which 
 a different rule is provided. — City of Long 
 Beach v. Boynton, 17 Cal. App. 290. 
 
 6. Same — Construction of new pier. — Is- 
 sue of bonds for the construction of a new 
 
 Gen. Laws^94 
 
 pier costing in excess of the Income and 
 revenue for one year, is not governed by 
 subdivision 8 of section 3 of article XI of 
 the Long Beach charter, but by section 21 
 of that article, and an issue of bonds au- 
 thorized by two-thirds of the vote on the 
 bond, but by less than two-thirds of the 
 votes cast at the election, is invalid. — City 
 of Long Beach v. Boynton, 17 Cal. App. 290. 
 
 7. Power to accept tideland grant. — The 
 city of Long Beach is empowered by its 
 charter to accept a grant of tideland prop- 
 erty from the state. — City of Long Beach 
 v. Lisenby, 175 Cal. 575-579, 166 Pac. 333. 
 
 8. Power to use tidelands for harbor con- 
 struction. — The city of Long Beach is au- 
 thorized under the provisions of the acts 
 of 1911 (p. 1304 and p. 1462) and certain 
 charter provisions (article I, section 3, sub- 
 divisions 4, 5, 28; article XV, section 9, and 
 article XXV, section 6) to use the tide and 
 submerged lands within its boundaries for 
 harbor construction and improvement. — 
 City of Long Beach v. Lisenby, 175 Cal. 575, 
 579, 166 Pac. 333. 
 
 9. Charter does not permit dredging, etc. 
 — Subdivision 11, section 1, article II, of 
 the Long Beach charter does not contain a 
 grant of power to the city to improve its 
 harbor by dredging, deepening and im- 
 proving the slips. — City of Long Beach v. 
 Lisenby, 175 Cal. 575. 
 
 10. Words and phrases — "Waterfront." — 
 The word "waterfront" in subdivision 11, 
 section 1, article II, of the Long Beach 
 charter, does not include the water com- 
 prising the harbor and the underlying land, 
 but means the land or land and buildings 
 fronting on the body of water. — City of 
 Long Beach v. Lisenby, 175 Cal. 575, 577, 166 
 Pac. 333. 
 
 11. Bonds — Curative act did not validate. 
 — The curative act of 1911 (Stats. 1911, p. 
 421) did not validate bonds authorized by 
 a vote of less than two-thirds of the quali- 
 fied electors voting at the election. — City of 
 Long Beach v. Boynton, 17 Cal. App. 290. 
 
 12. Same — "Municipal aflfair." — The is- 
 sue of bonds for a municipal improvement 
 is a "municipal affair," with which the legis- 
 lature can not interfere, and a curative act 
 can not validate such bonds. — City of Long 
 Beach v. Boynton, 17 Cal. App. 290. 
 
 k
 
 r5,§i 
 
 GENERAI> LAWS. ' 1490 
 
 TIDE LAND GRANT. 
 ACT 2575 — An act granting to the city of Long Beach the tide lands and submerged 
 lands of the state of California within the boundaries of the said city. 
 History: Approved May 11, 1911, Stats. 1911, p. 1304. 
 
 Tide lands granted to Long Beach. Purposes for which lands may he used. Harbor 
 improved without expense to state. Discrimination in rates. Right to fish reserved. 
 § 1. There is hereby granted to the city of Long Beach, a municipal corporation of 
 the state of California, and to its successors, all the right, title and interest of the state 
 of California, held by said state by virtue of its sovereignty, in and to all the tide lands 
 and submerged lands, whether filled or unfilled, within the present boundaries of said 
 city, and situated below the line of mean high tide of the Pacific Ocean, or of any har- 
 bor, estiiar}^, bay or inlet within said boundaries, to be forever held by said city, and 
 by its successors, in trust for the uses and purposes, and upon the express conditions 
 following, to wit: 
 
 (a) That said lands shall be used by said city and by its successors, solely for the 
 establishment, improvement and conduct of a harbor, and for the construction, mainte- 
 nance and operation thereon of wharves, docks, piers, slips, quays, and other utilities, 
 structures and appliances necessary or convenient for the promotion and accommoda- 
 tion of commerce and navigation, and said city, or its successors, shall not, at any time, 
 grant, convey, give or alien said lands, or any part thereof, to any individual, firm or 
 corporation for any purpose whatsoever; provided, that said city, or its successors, may 
 grant franchises thereon, for limited periods, for wharves and other public uses and 
 purposes, and may lease said lands, or any part thereof, for limited periods, for pur- 
 poses consistent with the trusts upon which said lands are held by the state of Cali- 
 fornia and with the requirements of commerce or navigation at said harbor; 
 
 (b) That said harbor shall be improved by said city without expense to the state, and 
 shall always remain a public harbor for all purposes of commerce and navigation, and 
 the state of California shall have, at all times, the right to use, without charge, all 
 wharves, docks, piers, slips, quays and other improvements constructed on said lands, 
 or anv part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California; 
 
 (c) That in the management, conduct or operation of said harbor, or of any of the 
 utilities, structures or appliances mentioned in paragraph (a), no discrimination in 
 rates, tolls, or charges, or in facilities, for any use or service in connection therewith 
 shall ever be made, authorized or permitted by said city or by its successors; 
 
 Reserving, however, in the people of the state of California the absolute right to fish 
 in the waters of said harbor, with the right of convenient access to said waters over 
 said lands for said purpose. 
 
 See Act 2574, annotations. Incur a bonded indebtedness therefor. — City 
 
 1. Power to accept grant. — The city of of Long Beach v. Lisenby, 175 Cal. 575. 
 Long Beach is empowered by its charter to Tidelands — Action to qnlet title. — In an 
 
 accept a grant of tideland from the state action to quiet title brought by the owner 
 
 upon such trusts and conditions as may be of land adjacent to and above ordinary 
 
 imposed by law. — City of Long Beach v. high tide, against a municipality, claiming 
 
 Lisenby, 175 Cal. 575. such land by dedication and acceptance as 
 
 2. Power to use tidelands for harbor a public street, where the defendant, by 
 purposes and to create bonded indebted- oral compromise, and by answer, admitted 
 ncss. — Under its charter and the act of 1911 plaintiff's title, the judgment declaring that 
 (Stats. 1911, p. 1304), Long Beach has plaintiff was the owner of the land was a 
 power to use the tide and submerged lands determination, conclusive upon the city 
 granted to it by the latter act for harbor and the public, and operated to divest the 
 construction to improve its harbor and to public use and establish plaintiff's title, as
 
 1491 
 
 LOS ANGELES CITY. 
 
 Act 25S0 
 
 fully as If the city held the land in its 
 proprietary capacity, or as if it were a 
 natural person, even if the judgment was 
 erroneous in point of law. — Strand, etc., 
 Co. V. Long Beach, 173 Cal. 765. 
 
 3. Grant a present grant. — The grant of 
 tide and submerged lands to the city of 
 Long Beach, made by the act of May 1, 
 1911 (Stats. 1911, p. 1304) is a present 
 grant and refers to conditions existing, 
 and does not convey any lands then above 
 mean high tide. — Strand Improvement Co. 
 V. Long Beach, 173 Cal. 765, 769, 161 Pac. 
 975. 
 
 4. Power to dredse, etc., not given. — The 
 
 city of Long Beach Is not empowered un- 
 der subdivision 11, section 1, article II, of 
 its charter, to improve the harbor by 
 dredging, deepening, and improving chan- 
 nels and slips. — City of Long Beach v. Lis- 
 enby, 175 Cal. 575, 576, 166 Pac. 333. 
 
 Words and phrases — "Waterfront." — The 
 word "waterfront" in subdivision 11, sec- 
 tion 1, article II, of the Long Beach char- 
 ter, means the land or land and buildings 
 fronting on the body of water and does 
 not include the water comprising the har- 
 bor and the underlying land. — City of Long 
 Beach v. Lisenby, 175 Cal. 575. 
 
 CHAPTER 201. 
 LOS ANGELES CITY. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2580. Freeholders' Charter. 
 
 2582. Irrigation Improvement Fund Bond Act. 
 
 2583. Main Sewer Fund Bond Act. 
 
 2584. General Irrigation Fund Bond Act. 
 
 2585. Los Angeles Street Bond Act. 
 
 2586. Ratifying Deed to T. A. Sanchez. 
 
 2587. Ratifying Certain Acts of City CouNcrL. 
 2591. Pollution of Public Zanjas. 
 
 2593. Dedication of Land for the Widening op Vermont Avenuk, 
 
 2596. Tide Land Grant. 
 
 2597. Tide Lands Required for Public Purposes. 
 
 2598. Protection of Navigation Act of 1917. 
 2600. Protection of Navigation Act of 1919. 
 
 FREEHOLDERS' CHARTER. 
 ACT 258D — Freeholders' charter. 
 
 History: Ratified at an election held October 20, 1888. Adopted 
 January 31, 1889, Stats. 1889, p. 455. Amended (1) December 1. 1902. 
 adopted January 30, 1903, Stats. 1903, p. 555; (2) December 5, 1904, 
 adopted February 16, 1905, Stats. 1905, p. 980; (3) December 4, 1906, 
 adopted February 19, 1907, Stats. 1907, p. 1160; (4) February 2, 1909, 
 adopted March 12, 1909, Stats. 1909, p. 1289; (5) March 6, 1911, filed 
 ■with the secretary of state March 25, 1911, Stats. 1911, p. 2051; (6) 
 January 13, 1913, filed with the secretary of state February 4, 1913, 
 Stats. 1913, p. 1513; (7) March 24, 1913, filed with the secretary of 
 state April 7, 1913, Stats. 1913, p. 1629; (8) October 24, 1916, filed with 
 the secretary of state January 17, 1917, Stats. 1917, p. 1686; (9) No- 
 vember 5, 1918, filed with the secretary of state January 24, 1919, 
 Stats. 1919, p. 1430. 
 
 The city Avas origrinally incorporated in 
 
 1850, Stats. 1850, p. 155. This act was sup- 
 plemented 1851, p. 329; 1852, p. 186; 1854, 
 p. 205; 1862, p. 9. It was amended 1863-4, 
 p. 80; 1865-6, p. 15; 1867-8, pp. 89, 97, 609; 
 1871-2, pp. 128, 623; 1873-4, p. 633; 1875-6, 
 p. 692; 1877-8, p. 642. It was superseded 
 by incorporating under the present free- 
 holders' charter. 
 
 1. Constitutionality — Controlled by gen- 
 eral statutes. — Under section 6, article XI, 
 of the constitution, the provisions of the 
 Los Angeles charter are controlled by gen- 
 eral statutes. — Davies v. Los Angeles, 86 
 Cal. 37. 
 
 2. Same — TVot repealed but superseded 
 by t;ca<;rul law. — Section 6, article XI, of 
 
 the constitution, as it stood prior to the 
 amendment of 1896, is not to be construed 
 as providing that charter provisions are 
 repealed by a general law on the subject 
 but that they are superseded during the 
 operation of the paramount law. — Byrne v. 
 Drain, 127 Cal. 663. 
 
 3. Same — Approval of charter. — The ap- 
 proval of the Los Angeles charter by a 
 joint resolution of both houses of the legis- 
 lature was sufficient under the constitution, 
 to give it validity, and the enactment of a 
 bill approved by the governor was not 
 necessary. — Brooks v. Fischer, 79 Cal. 173. 
 
 4. Same— Same — Not exerol.«ie of <'la'»v- 
 making power." — The legislature in ap- 
 proving a freeholder charter does not ex-
 
 Ao« 25S0 
 
 GENERAL, LAWS. 
 
 1492 
 
 erclse the law-making power In the sense 
 understood In section 13, article XI, of the 
 constitution. — Mesmer v. Board, etc., 23 
 Cal. App. 578. 
 
 a. Same — Snme — I,eB:l«Ia<ure acts as dis- 
 tinct body. — The losislature is a distinct 
 body, consisting of the senate and assembly, 
 and Is empowered by the constitution to 
 act Independently In the approval of city 
 charters framed under section 8, article XI, 
 of the constitution. — Brooks v. Fischer, 79 
 Cal. 173. 
 
 ft. Same — Same — Governor's approval not 
 refiiiirod. — The legislature and the law- 
 making power are not synonymous, and, 
 except in the enactment of laws, does not 
 include the g-overnor. — Brooks v. Fischer, 
 79 Cal. 173. 
 
 7. Same — Same — Resolution sufflclent — 
 Title ot resolution sufficient. — A resolution 
 "approving thirteen certain amendments to 
 the charter of Los Angeles," without speci- 
 fying the subject of such amendments, is 
 not obnoxious to the constitutional require- 
 ment that the subject of every act must 
 be expressed in the title, and each act must 
 embrace but one subject. — In re Pfahler, 
 150 Cal. 71. 
 
 8. Same — Words and phrases — "Legisla- 
 tlve authority." — The words "legislative 
 authority" in section 8. article XI, of the 
 constitution, were simply intended to desig- 
 nate the particular body which it was 
 recognized would exist under some name 
 or other in every municipality as the proper 
 official agency to submit proper amend- 
 ments to charters, and were not intended to 
 define the powers of that body, or place it 
 in a position where it would be beyond re- 
 strictions by the organic act of the city. — 
 In re. Pfahler, 150 Cal. 71. 
 
 J>. Same — Provisions of section 8, article 
 XI. mandatory and prohibitory. — The pro- 
 visions of section 8, article XI, of the con- 
 stitution, relating to the adoption and 
 amendment of freeholder charters, is man- 
 datory and prohibitory. — Blanchard V. 
 Hartwell, 131 Cal. 263. 
 
 10. Same — Amendment — Legislature 
 power. — The legislature has no power to 
 mould or amend a freeholder charter when 
 It is before it for approval. — Mesmer v. 
 Board, etc., 23 Cal. App. 578. 
 
 10a. Same — .4inendinc cfTect of state 
 laws. — A municipal freeholder charter in 
 municipal affairs is superior to state laws, 
 and the legislature has no power to amend 
 or repeal such charter. — Mesmer v. Board, 
 etc., 23 Cal. App. 578. 
 
 10b. Same — Same — Power of taxation for 
 revenue. — Under a freeholder charter con- 
 ferring the power of taxing for purposes 
 of revenue, the exercise of such power is 
 a municipal affair, and such power can not 
 be withdrawn or abrogated by the legisla- 
 ture. — Ex parte Braun, 141 Cal. 204. 
 
 11. Same — Powrer to frame uew charter. 
 — A freeholders* charter can be amended 
 only in the manner prescribed by the con- 
 stitution, at Intervals of two years, and a 
 new charter can not be framed by a second 
 
 board of freeholders and adopted by a ma- 
 jority vote. — Blanchard v. Hartwell, 131 
 Cal. 263. 
 
 12. Same — Public service commission 
 amendment. — The public service commis- 
 sion amendment of 1911 of the Los An- 
 geles charter is not violative of section 13, 
 article XI, of the constitution, forbidding 
 delegation of municipal functions to spe- 
 cial commissions. — Mesmer v. Board, etc.. 
 23 Cal. App. 578. 
 
 l.H. Same — Owner.ship and operation of 
 electric power plants. — The constitution 
 does not forbid, either expressly or by Im- 
 plication, the acquisition, ownership or 
 operation by a municipality of electric 
 power plants for the public service, nor 
 does it prohibit the granting of power to 
 acquire, own, and operate such plants. — 
 Clark V. Los Angeles, 160 Cal. 30. 
 
 14. Same — Section 207 constitutional. — 
 Section 207, charter of Los Angeles, is con- 
 stitutional and valid, and is not in conflict 
 with section 6, article XI, of the constitu- 
 tion, nor with the provisions of the Civil 
 Code concerning the manner of creating 
 contracts. — Frick v. Los Angeles. 115 Cal. 
 512. 
 
 15. Same — Entire charter not invalid be- 
 cause of few provisions. — An entire munici- 
 pal charter can not be held invalid, be- 
 cause a few of its provisions, were, at the 
 time of its adoption, inconsistent with gen- 
 eral statute. — Brooks v. Fischer, 79 Cal. 
 173. 
 
 16. Same — No powrer to establish police 
 court. — A police or other inferior court of 
 a city can not be established by freeholder 
 charter. — People v. Toal, 3 Cal. Unrep. 227. 
 
 17. Same — Exercise of privilegre to create 
 police court — Creation of second police 
 court by legislature. — The legislature can 
 not create another police court in a city 
 which has exercised the permissive author- 
 ity of section S^^, article XI, of the consti-. 
 tution, and created a police court by its 
 freeholder charter. — Fleming v. Ilance, 153 
 Cal. 162. 
 
 IS. Snme — Power to establish police 
 court permi.ssive only. — Section SVz, article 
 XI, of the constitution, authorizing the es- 
 tablishment of police courts by freeholder 
 charters, Is permissive only, and does not 
 preclude the legislature from establishing 
 such courts where the municipality has not 
 exercised this permissive authority. — Flem- 
 ing v. Hance, 153 Cal. 162. 
 
 19. Same — Provision for police court not 
 validated by subsequent constitutional 
 amendment. — A provision in the Los An- 
 geles charter for a police court was void, 
 ab initio and was not revived or validated 
 by the addition of section 8^4, article XI, 
 of the constitution, authorizing such a pro- 
 vision in freeholder charters. — Fleming v. 
 Hance, 153 Cal. 162. 
 
 19a. Same — Police court provision In- 
 valid—Prosecution of police court cases. — 
 The act creating a police court in Los An- 
 geles is Invalid, as to the requirement that 
 the prosecuting attorney in attendance up- 
 on such court for the prosecution of state
 
 1493 
 
 LOS AXGELES CITY. 
 
 offense shall be paid by the city. — Fleming 
 V. Hance, 153 Cal. 162. 
 
 19b. Same — Same — Same. — Prosecutions 
 for violations of the charter and ordinances 
 of Los Angeles are "municipal affairs," and 
 where the charter regulates the subject, it 
 controls the general statute prescribing the 
 duties of district attorney as to that mat- 
 ter. — Fleming v. Hance, 153 Cal. 162. 
 
 19c. Same — Same — Same. — A county- 
 prosecuting attorney and his assistants act- 
 ing at the request of the city attorney of 
 Los Angeles in prosecuting violations of 
 the city charter and ordinances, do so as 
 his deputies, and in the absence of charter 
 or ordinance authority can not enforce a 
 claim against the city for such services. — 
 Fleming v. Hance. 153 Cal. 162. 
 
 20. Same -^ Provision as to deposit of 
 public money. — The provisions of section 44 
 of the charter, relating to the deposit of 
 public moneys is unconstitutional and void 
 under section 13, article II, of the consti- 
 tution. — Yarnell v. Los Angeles, 87 Cal. 
 603. 
 
 21. Same — Incnrring indebtedness in ex- 
 cess of revenue. — In the purchase of ground 
 and the erection of an administration build- 
 ing, and the payment therefor out of the 
 revenues of the water department, the pro- 
 hibition of section 18, article XI, of the 
 constitution, as to incurring indebtedness 
 in excess of the revenue for any one year, 
 is not applicable. — Mesmer v. Board, 23 Cal. 
 App. 578. 
 
 22. Constrnetion and effect — Section 536, 
 Civil Code. — No provisions of the Los An- 
 geles charter adopted in 1889, impaired 
 section 536, Civil Code, as to a grant of a 
 right of way to telegraph companies in the 
 state. — Postal, etc., Co. v. Los Angeles, 160 
 Cal. 129. 
 
 23. Same — Section 424, 426, Penal Code. 
 — Section 44 of the Los Angeles charter, 
 relative to the deposit of public funds is 
 in conflict with sections 424 and 426 of the 
 Penal Code. — Yarnell v. Los Angeles, 87 
 Cal. 603. 
 
 24. Same — Liegislative enactments. — 
 Charter provisions have the force and effect 
 of legislative enactments, and are subject 
 to the same rules of construction and in- 
 terpretation. — Dalton V. Lelande, 22 Cal. 
 App. 481. 
 
 25. Same — Same — Judicial knowledge. — 
 The 1911 amendment of the Los Angeles 
 charter has the effect of a law and is a 
 matter of judicial knowledge. — Clark v. Los 
 Angeles, 160 Cal. 30. 
 
 26. Sanie— Same — Statute T\ithin mean- 
 ins of section 1622, Civil Code. — The char- 
 ter of Los Angeles is a statute Avithin the 
 meaning of section 1622 of the Civil Code, 
 providing that all contracts may be oral 
 except when required by statute to be in 
 writing. — Frick v. Los Angeles, 115 Cal. 512. 
 
 27. Same — Improvenient of Los Angeles 
 river. — The charter of Los Angeles author- 
 ized the city to exercise the police power 
 of the state for local purposes, and the au- 
 thorities of the city had power to improve 
 the channel and banks of the Los Angeles 
 
 river as they might deem proper. — De Baker 
 V. Southern, etc., Co., 106 Cal. 257. 
 
 2S. Same — Po^ver to regulate public util- 
 ity corporations. — Subdivision 30, section 2, 
 article I, of the Los Angeles charter, ex- 
 pressly confers upon that city the power to 
 regulate public service corporations. — Pin- 
 ney & Boyle Co. v. Los Angeles, etc., Corp., 
 168 Cal. 12, 15, Ann. Cas. 1918D, 471, L. R. A. 
 1915C, 282, 141 Pac. 620. 
 
 29. Same — Same — Electric power com- 
 pany. — A corporation engaged in the busi- 
 ness of supplying gas and electricity to the 
 inhabitants of a city, and in furnishing 
 electricity for power to be used in the con- 
 sumer's private business, is a public utility. 
 — Pinney & Boyle v. Los Angeles, etc., Corp., 
 168 Cal. 12, 14, Ann. Cas. 1918D, 471, L. R. A. 
 1915C, 282, 141 Pac. 620. 
 
 30. Same — Test of character of utility. — 
 The use which the consumer makes of a 
 commodity does not furnish the test, as to 
 whether or not the regulatory powers of 
 boards and commissions in dealing with 
 public utilities may be invoked. — Pinney & 
 Boyle Co. v. Los Angeles, etc., Corp., 168 
 Cal. 12, 14, Ann. Cas. 1918D, 471, L. R. A. 
 1915C, 282, 141 Pac. 620. 
 
 31. Same — Same. — It is the duty which 
 the purveyor or producer has undertaken 
 to perform and so owes to the public gen- 
 erally or to any defined portion of it, as the 
 purveyor of a commodity, or as an agency in 
 tlie performance of a service, which stamps 
 the purveyor or the agency as being a pub- 
 lic service utility. — Pinney & Boyle Co. v. 
 Los Angeles, etc., Corp., 168 Cal. 12, 14, 
 Ann. Cas. 1918D, 471, L. R. A. 1915C, 282, 
 141 Pac. 620. 
 
 32. Same — Police power of rate fixing. — 
 The power of a municipality, in the reason- 
 able exercise of its police power, is not 
 limited, in the matter of rate fixing, to the 
 establishment of a maximum rate, leaving 
 the public utility free to agree with the 
 consumer for a less rate. — Pinney & Boyle 
 Co. v. Los Angeles, etc., Corp., 168 Cal. 12, 
 15, Ann Cas. 1918D, 471, L. R. A. 1915C, 
 282, 141 Pac. 620. 
 
 3.3. Same — Same — Objects of rate regula- 
 tion. — The prevention of favoritism and dis- 
 crimination is one of the primary and most 
 important objects of rate regulation. — Pin- 
 ney & Boyle Co. v. Los Angeles, etc., Corp.. 
 168 Cal. 12, 15, Ann. Cas. 1918D, 471, L. R. A. 
 1915C, 282, 141 Pac. 620. 
 
 34. Same-'^Ordinance fixing rate not dis- 
 criminatory. — An ordinance which fixes the 
 rates to be charged by a public service cor- 
 poration for a definite term, and prohibits 
 the charge of lesser rates, is not discrim- 
 inatory and does not deny the consumers 
 due process of law, because it gives the 
 public service corporation the riglit to ap- 
 ply for a reduction of rates during the 
 term and does not accord the same right to 
 the consumers. — Pinney & Boyle Co. v. Loa 
 Angeles, etc., Corp., 168 Cal. 12, 16, Ann. 
 Cas. 1918D, 471, L. R. A. 1915C. 282, 141 
 Pac. 620. 
 
 35. Same — Effect of ordinance on prc- 
 exi.sting contract. — A contract between a
 
 Aft ::r.so 
 
 GF.XKRAL LAWS. 
 
 consumer and a public service corporation 
 as to the rates to be chargred for service 
 is conclusively presumed to have been made 
 in contemplation of the power of the proper 
 board or tribunal to fix rates in every case 
 where such power exists and may have 
 been thereafter legally exercised. — Pinney 
 & Boyle Co. v. Los Angeles, etc.. Corp.. 168 
 Cal. 12. 18. Ann. Cas. 1918D, 471, L.. R. A. 
 1915C. 282. 141 Pac. 620. 
 
 30. Same — Power to reculate street car 
 fareii. — By the charter amendments of 1911 
 Los Angeles was vested with power to 
 i»egrulate street car fares, and where that 
 city adopted regulations under that power, 
 such regulations supersede general statutes. 
 Suydam v. Los Angeles, 27 Cal. App. 157. 
 
 37. Same — Railroad commission tTithont 
 Jurindirtion. — The city charter of Los An- 
 geles gives that city the power "to pre- 
 scribe the character and quality of any public 
 utility service," and the commission is with- 
 oi't jurisdiction to compel a gas company 
 to resume the distribution of natural or 
 "mtyed gas" or to require a company con- 
 trolling a natural gas supply to deliver to 
 certain distributing companies such quan- 
 tities as they may desire to purchase, ex- 
 cept where the point of delivery is in un- 
 incorporated territory. — Los Angeles v. 
 Southern California Gas Co., 5 R. C. D. 13. 
 
 38. Same — Same. — The commission ha^ 
 no jurisdiction in matters relating to the 
 operation of street railroads in Los An- 
 geles. — 6 R. C. D. 946. 
 
 30. Same — Poirer to acquire, etc., public 
 utilitleH. — The city of Los Angeles is au- 
 thorized by its charter to acquire, construct, 
 and maintain docks, warehouses, wharves, 
 canals, waterways, and to open streets to 
 the navigable waters in its limits. — Clark 
 v. Los Angeles, 160 Cal. 317. 
 
 40. Same — Same — Klectric power. — The 
 supplying of electric power to the inhabi- 
 tants of a city for their private use is a 
 public use, and a dedication of a plant for 
 that purpose is a dedication to a public use. 
 — Clark V. Los Angeles, 160 Cal. 30. 
 
 41. Same — Same — Same. — The supplying 
 of electric power for motive service to the 
 inhabitants of a city is a public service in 
 which the city may engage. — Clark v. Los 
 .Angeles. 160 Cal. 30. 
 
 42. Same— Power to establish electric 
 llKht plant. — Under subdivision 7. section 2. 
 article I. of the Los Angeles charter, as 
 amended In 1909, the city was empowered 
 to establish, operate and maintain an elec- 
 tric light plant to supply its inhabitants 
 with electricity for private use, and to in- 
 cur a bonded indebtedness therefor. — Clark 
 V. Los Angeles. 160 Cal. 30. 
 
 43. Same — Power of public service com- 
 mlM.sions — Krection of administration build- 
 inp. — The Los Angeles board of public ser- 
 vice commissioners are empowered under 
 the charter to purchase ground and erect 
 an administration building for its use, and 
 to pay the cost thereof from the revenue 
 of the water department. — Mesmer v. Board, 
 etc.. 23 Cal. App. 578. 
 
 4-1. Same — Purcha.se and use of surplus 
 
 water. — Under the power to acquire water 
 and water rights, granted by its charter, 
 Los Angeles had a right to buy for public 
 use surplus water supplied from an out- 
 side source, and for that purpose to pur- 
 chase the entire supply at such source, in- 
 cluding the water plant, and to operate the 
 same and, after supplying the persons en- 
 titled to use the water, to devote the sur- 
 plus to the use of the city. — Fellows v. Los 
 Angeles. 151 Cal. 52. 
 
 45. Same — Construction of public works 
 by day lal»or. — Under its charter Los An- 
 geles may construct public works by day 
 labor, and without letting a contract, and 
 neither section 148 nor section 207 of the 
 charter prevents. — Perry v. Los Angeles, 
 157 Cal. 146. 
 
 4C. Same — Power of police commissioners 
 Is quasi judicial. — The power conferred 
 upon the board of police commissioners by 
 section 95a of the charter is limited and 
 quasi judicial, and is subordinate to the 
 power of the city council and mayor to 
 regulate the liquor trafHc. — Grumbach v. 
 Lelande, 154 Cal. 679. 
 
 47. Sanjc — Same — Granting of permits. — 
 The duty of the board of police commis- 
 sioners to grant a permit to one who has 
 complied with the rules and regulations 
 prescribed by the council is ministerial, and 
 they can not arbitrarily refuse to grant 
 such permit. — Grumbach v. Lelande, 154 
 Cal. 679. 
 
 48. Same — Source of power of taxation. — 
 The source of the power granted munici- 
 palities under freeholder charters to raise 
 money for municipal purposes by taxation 
 is the direct grant of the people through 
 the charter, and not any grant of the legis- 
 lature.— Ex parte Braun, 141 Cal. 204. 
 
 49. Same — License taxes — Section 3.t6«, 
 Political Code. — The provisions of section 
 3366, Political Code, are not .Tntilir-fb''- '- - 
 freeholder charter city where the charter 
 confers the power of imposing ami coiieti- 
 ing license taxes for revenue. — Ex parte 
 Braun, 141 Cal. 204. 
 
 60. Same— Forbids discrimination in li- 
 cense taxes. — The provisions of the Los An- 
 geles charter do not require all occupation 
 licenses to be graded according to the 
 amount of business done, but it forbids 
 discrimination between persons engaged in 
 the .same business, and does not forbid a 
 uniform tax upon all persons engaged in 
 the same business. — Los Angeles v. Los 
 Angeles, etc., Co., 152 Cal. 765. 
 
 51. Same — Bonds for school house. — A 
 provision in the Los Angeles charter giv- 
 ing the city authority to issue bonds for a 
 school house within the city limits, can not 
 effect the power conferred on the trustees 
 of a school district lying partly within and 
 partly without the city, under sections 1880- 
 1887, Political Code, to issue bonds for a 
 like purpose. — Los Angeles School District 
 v. Longdon, 148 Cal. 380. 
 
 62. Same — Limit of taxation — Bonds for 
 waterworlis. — The limitation of two million 
 dollars indebtedness prescribed by the Los 
 Angeles charter does not include the bonds
 
 1498 
 
 LOS AXGELES CITY. 
 
 Act 25S0 
 
 issued under the authority of the consti- 
 tution and general laws of the state for a 
 waterworks system and sewage system for 
 the benefit of the city. — Los Angeles v. 
 Hance, 137 Cal. 490. 
 
 53. Same — Initiative, referendum and 
 recall. — An initiative and referendum pro- 
 vision may be incorporated in a freeholder 
 charter, and such a provision is not ob- 
 noxious to section 4, article IV, of the fed- 
 eral constitution, which does not prohibit 
 tlie direct exercise of legislative power by 
 the people of a subdivision of a state, in 
 local affairs. — In re Pfahler, 150 Cal. 71. 
 
 53a. Same — Same. — An initiative and 
 referendum provision in the Los Angeles 
 charter is not obnoxious to section 13, 
 article XI, of the constitution. — In re 
 Pfahler, 150 Cal. 71. 
 
 53b. Same — Same. — It is sufficient that a 
 charter is consistent w^ith the constitution 
 as to municipal affairs, and a provision for 
 the initiative and referendum in a free- 
 holders' charter is unaffected by the fact 
 that the municipal corporation act confers 
 no such right on other municipal corpora- 
 tions. — In re Pfahler, 150 Cal. 71. 
 
 53c. Same— Prohibition of occupations. — 
 The enumeration, in subdivision 21, section 
 2, of article I, of the Los Angeles charter, 
 of certain trades, callings and occupations 
 which may be prohibited, is not a limita- 
 tion either of the general police power con- 
 ferred by section 11, article XI, of the 
 constitution, or of that conferred by subdi- 
 vision 34, section 2, article I of the charter. 
 — In re Montgomery, 163 Cal. 457, 459, Ann. 
 Cas. 1914A, 130. 125 Pac. 1070. 
 
 53d. Same — License tax on insurance 
 agents. — An ordinance imposing a license 
 tax upon insurance agents, unconstitu- 
 tional as in violation of section 14, article 
 XIII, of the constitution. — Hughes v. Los 
 Angeles, 168 Cal. 764, 145 Pac. 94. 
 
 54. Claims — Necessity for demand. — Sec- 
 tions 216 and 222 make a previous demand 
 a prerequisite to the maintenance of an ac- 
 tion against the city for the recovery of 
 taxes paid, and a complaint which fails to 
 allege such a demand fails to state a cause 
 of action. — Farmers, etc., Bank v. Los An- 
 geles, 151 Cal. 655. 
 
 55. Same — Public administrator. — Where 
 a claim is made for statutory services as 
 attorney for the public administrator un- 
 der section 21, article Vl, charter of Los 
 Angeles, the burden is on the county coun- 
 sel to show that he rendered such services 
 in conducting the ordinary proceedings in 
 probate of the estate. — Estate of Murphy, 
 171 Cal. 697, 700, 154 Pac. 839. 
 
 56. City printing — Contract for letting. — 
 Under the charter the initial steps for the 
 letting of a contract for the city printing 
 may be taken by the council without an 
 ordinance. — Earl v. Bowen, 146 Cal. 754. 
 
 57. Same — Same — Signing. — The signing 
 of a contract for the city printing by the 
 city clerk w^as a mere ministerial act, in- 
 volving no exercise of discretionary power, 
 could be delegated, and the order of the 
 city council directing the clerk to sign the 
 
 contract carried with it the authority to 
 sign and whether he signs before or after 
 approval by the council is immaterial to 
 the validity of the contract. — Earl v. Bowen, 
 146 Cal. 754. 
 
 58. Library fund — Expenditures from. — 
 The question as to the appropriateness of 
 an expenditure out of the Los Angeles li- 
 brary fund is one for the directors, and if 
 there could be any state of circumstances 
 to justify it will be presumed that such 
 state was shown and acted upon by them. — 
 Kelso V. Teale, 106 Cal. 477. 
 
 59. Same — Demand for single item. — A 
 demand against the Los Angeles library 
 fund for the expenses of a delegate to the 
 world congress of librarians and the 
 American library association conference, 
 is for a single item within the meaning of 
 section 215 of the charter. — Kelso v. Teale, 
 106 Cal. 477. 
 
 60. Paries — Acquisition of land for. — The 
 provisions of section 119b does not prevent 
 Los Angeles from acquiring land for park 
 purposes subject to use for another purpose 
 to which it has been dedicated, where the 
 two uses are consistent and capable of 
 existing together. — Los Angeles v. Los An- 
 geles etc. Co., 31 Cal. App. 100. 
 
 61. Same — Acceptance of gift of land for. 
 — The acceptance of a gift from a private 
 person to erect and maintain buildings 
 upon a public park of the City of Los An- 
 geles is an exercise of a legislative func- 
 tion not vested in the city council by .sub- 
 division 16, section 2 of the city charter, 
 but is withheld by the express reservation 
 of section 12, and vested in the board of 
 park commissioners by subdivisions (c) and 
 (d) of section 118, and section 119 of the 
 charter. — O'Melveney v. Griffith, 178 Cal. 
 1, 5, 171 Pac. 934. 
 
 62. Same — Pon'er of commissioners. — The 
 board of park commissioners of the City of 
 Los Angeles is vested by the charter with 
 the management and control of the city 
 park system, and of the erection and main- 
 tenance of all buildings thereon, and an 
 ordinance which has the effect to deprive 
 it of such management and control and the 
 erection of such buildings thereon is void. 
 — O'Melveney v. Griffith, 178 Cal. 1, 4, 171 
 Pac. 934. 
 
 63. Streets — Vrooman act. — The street 
 law provides a complete scheme for street 
 work, and governs so far as it goes, and the 
 Los Angeles charter can not make a different 
 procedure by requiring more or less. — Hell- 
 man v. Shoulters, 114 Cal. 136. 
 
 64. Same ^r- Same — "Municipal affairs" 
 amendment. — The provisions of the Los An- 
 geles charter which were in conflict, at the 
 time of its adoption, with the Vrooman act 
 were nullified by that act, and were not 
 revived or reinstated by the "municipal 
 affairs" amendment of section 6, article XI 
 of the constitution. — Banaz v. Smith, 133 
 Cal. 102. 
 
 6.5. Tunnels — Assessments for. — Neither 
 section 2 nor any other part of the amended 
 charter of Los Angeles (Stats. 1911, p. 2059) 
 empowers the citj' to levy an assessment
 
 ActM 2582, 2583 
 
 GE^NBRAIj laavs. 
 
 1496 
 
 upon a district for the purpose of raising- 
 the amount necessary for the initial estab- 
 lishment of a tunnel for public travel as 
 distinguished from the repair or improve- 
 ment of an existing subterranean avenue. — 
 Thompson v. Hance, 174 Cal. 572, 578. 
 
 6«. Ordinances — WorU.«i and Phrases — 
 •'Finally adopted," "Final pa.ssaKe." — The 
 phrase "finally adopted" in section 39, and 
 the phrase "final passage," in section 198b 
 of the Los Angeles charter are synonymous, 
 and has reference to the favorable action 
 on an ordinance by the city council, as dis- 
 tinct from its going into effect after such 
 action and publication. — Solomon v. Alex- 
 ander, 161 Cal. 23. 
 
 67. Same — Remedy of voters. — The only 
 remedy left to the voters after an ordinance 
 has gone into effect, under the Los Angeles 
 charter, is by initiative for its repeal, and 
 not by referendum. — Rushton v. Lelande, 
 15 Cal. App. 448. 
 
 68. Initiative, referendum and recall— 
 t ertifieation of petition. — The provision of 
 section 198b of the Los Angeles charter that 
 petitions for referendum shall be in all 
 respects in accordance with the provisions 
 of section 198a, refers solely to the form, 
 substance and certification of the original 
 petition, and not to the unlimited amend- 
 ment thereof. — Rushton v. Lelande, 15 Cal. 
 App. 448. 
 
 69. Same — Amendment of petition after 
 thirty day.s. — The provisions of section 198b 
 of the Los Angeles charter with reference 
 to petitions for referendum are not subject to 
 tlie provision of section 198a with reference 
 to petitions for the initiative allowing 
 amendments after thirty days, notwith- 
 standing the clause of the former section 
 providing that the petition shall be in all 
 respects in accordance with the provisions 
 of the latter section. — Rushton v. Lelande, 
 15 Cal. App. 448. 
 
 70. Same — Sufliciency of petition. — When, 
 under the Los Angeles charter a petition 
 signed by twenty-five per cent of the total 
 vote cast at the last election is required to 
 initiate proceedings for the recall of an 
 officer, and the certificate of the clerk who 
 is required to compare the petition with the 
 threat register, states that 2864 votes were 
 
 so cast, and that 784 names of qualified 
 electors were signed to the petition, but 
 such certificate also states "514 names were 
 compared with the duplicate affidavits of 
 registration, and the balance with the orig- 
 inals," and by the pleadings and stipulations 
 and briefs in mandamus It is shown that 
 only 339 names were in fact on the great 
 register, the proceedings are void. — Daven- 
 port V. Los Angeles, 146 Cal. 508. 
 
 71. Same — Time of filing- petition. — The 
 thirty-day period within which referendum 
 petitions against ordinances may be filed 
 commences to run from the date of the 
 mayor's approval, and not from the date of 
 publication. — Solomon v. Alexander, 161 Cal. 
 23. 
 
 72. Same — Same. — Construing sections 39 
 and 198b of the Los Angeles charter, a 
 referendum petition against an ordinance 
 should be filed within thirty days from the 
 approval of the ordinance by the mayor and 
 the thirty-day period does not begin from 
 the date of the publication of the ordinance. 
 — Solomon v. Alexander, 161 Cal. 23, 25, US 
 Pac. 217. 
 
 73. Officers— Interest in contracts, etc. — 
 The provisions of section 18 of the Los An- 
 geles charter as forfeiture of office upon 
 conviction of the offense of voting on or 
 participating in any contract or transaction 
 in which he is interested, was not super- 
 seded by the recall provisions of the char- 
 ter, but are to be applied concurrently with 
 those provisions. — Betkouski v. Superior 
 Court, 34 Cal. App. 117. 
 
 74. Same — Same. — The charge against a 
 member of the Los Angeles city council for 
 violation of section 18 of the charter is not 
 triable in the police court, but it must be 
 tried in the superior court on an accusation 
 under sections 758 and 772 of the Penal 
 Code. — Betkouski v. Superior Court, 34 
 Cal. 117. 
 
 75. Same — Same — Clerk of police court. — • 
 The provision of the charter that all ap- 
 pointed officers of Los Angeles shall hold 
 office for four years, etc., has no application 
 to the office of clerk of the police court, 
 which office is not provided for in the 
 charter. — Rowe v. Rose, 26 Cal. App. 744. 
 
 IRRIGATION IMPROVEMENT FUND BOND ACT. 
 ACT 2582 — An act to authorize the corporation, the mayor, and common council of the 
 city of Los Angeles to issue bonds and to provide means for the improvement of irri- 
 gation in said city. 
 
 History: Approved February 28, 1876, Stats. 1875-76, p. 79. 
 
 This act authorized the issue of $75,000 twenty-year seven per cent bonds for the 
 'rrigation improvement fund. 
 
 MAIN SEWER FUND BOND ACT. 
 
 ACT 2583 — An act to authorize the corporation of the city of Los Angeles to issue 
 
 bonds for building a main public sewer in said city, and to provide for their payment. 
 
 history: Approved March 23, 1876, Stats, 1875-76, p. 398. 
 
 This act authorized the issue of $30,000 twenty-five-year seven per cent bonds for the 
 purpose named and crtaved the "main sewer fund."
 
 14B7 LOS AXGELES CITY. Acts 25S4-::5i>a, gg 1, a 
 
 "GENERAL IRRIGATION FUND" BOND ACT. 
 ACT 2584 — An act to authorize the corporation of the city of Los Angeles to issue 
 bonds for improving the water supply of said city, and to provide for their payment. 
 History: Approved March 20, 1878, Stats. 1877-78, p. 387. 
 
 Act for Improvement of irrigation. — Notwithstanding its title this was an act for the 
 
 improvement of irrigation, and it authoiized an election for $60,000 thirty-year seven 
 per cent bonds for the purpose and created the "general irrigation fund." 
 
 LOS ANGELES STREET BOND ACT. 
 
 ACT 2585 — An act to authorize the issuance of bonds for the payment of damages for 
 
 the widening and extension of Los Angeles street, in the city of Los Angeles. 
 
 History: Approved March 23, 1878, Stats. 1877-78, p. 419. 
 
 1. Act unconstitutional. — Tlie court held that this act was unconstitutional because it 
 attempted to legalize a void assessment, and also to make new assessments for local 
 improvements in an incorporated city. — Schumacker v. Taherman, 56 Cal. 508. 
 
 RATIFYING DEED TO T. A. SANCHEZ. 
 ACT 2586 — An act to legalize, ratify, and confirm certain acts of the mayor and com- 
 mon council of the city of Los Angeles. 
 
 History: Approved February 13, 1872, Stats. 1871-72, p. 93. 
 This act confirmed a deed by the city to one T. A. Sanchez. 
 
 RATIFYING CERTAIN ACTS OF CITY COUNCIL. 
 ACT 2587 — An act to ratify certain acts and proceedings of the council of the city of 
 Los Angeles. 
 
 History: Approved February 12, 187S, Stats. 1877-78, p. 74. 
 Thia act ratified acts of the council in reference to public works. 
 
 POLLUTION OF PUBLIC ZANJAS. 
 
 ACT 2591 — An act concerning watercourses in the city of Los Angeles. 
 
 History: Approved April 2, 1870, Stats. 1869-70, p. 645. 
 
 This act declared certain zanjas public zanjas and provided a penalty for their 
 defilement. 
 
 DEDICATION OF LAND FOR THE WIDENING OF VERMONT AVENUE. 
 
 ACT 2593 — An act dedicating certain land in the city of Los Angeles for the purpose of 
 
 widening Vermont avenue, and directing the board of trustees of the state normal 
 
 school at Los Angeles to convey the same to the city of Los Angeles for that purpose. 
 
 History: Approved June 5. 1913. In effect August 10, 1913. Stats. 
 1913, p. 387. 
 
 Los Angeles normal school land dedicated for widening Vermont avenue. 
 
 § 1. There is hereby dedicated to the public for the purpose of widening Vermont 
 avenue in the city of Los Angeles, that portion of the school lands of the state normal 
 school at Los Angeles described as follows, to wit: A strip twenty (20) feet in width 
 lying along the west side of and adjacent to Vermont avenue between Monroe street 
 and Willowbrook avenue. 
 
 Conveyance by board of trustees. 
 
 $ 2. The board of trustees of said state normal school are authorized and directed 
 to deliver to said city of Los Angeles, a conveyance of said described strip of land, to 
 be used for the purpose aforesaid, and to cause the said conveyance to be executed by 
 its president or any member of the board whom they may designate for that purpose, 
 and to be attested by its secretary under the seal of the said board.
 
 AcC^OUU. S8 l>a GENERAL. LAWS. 1498 
 
 TIDE LAND GRANT. 
 
 ACT 2596 — An act granting to the city of Los Angeles the tide lands and snhmerged 
 
 lands of the state within the boundaries of the said city. 
 
 History: Approved May 1, 1911. Stats. 1911, p. 1256. Amended 
 April 20, 1917. In effect July 27, 1917. Stats. 1917, p. 159. 
 
 Tidelands granted to Los Angeles. 
 
 ^ 1. There is hereby g^ranted to the city of Los Angeles, a municipal corporation of 
 the state of California, and to its successors, all the right, title and interest of the state 
 of California, held by said state by virtue of its sovereignty, in and to all tidelands and 
 submerged lands, whether filled or unfilled, within the present boundaries of said city, 
 and situated below the line of mean high tide of the Pacific ocean, or of any harbor, 
 estuary, bay or inlet within said boundaries, to be forever held by said city, and by its 
 successors, in trust for the uses and purposes, and upon the express conditions, follow- 
 ing, to wit : 
 
 Purposes for which lands may be used. 
 
 (a) That said lands shall be used by said city, and by its successors, solely for the 
 establishment, improvement and conduct of a harbor, and for the construction, main- 
 tenance and operation thereon of wharves, docks, piers, slips, quays and other utilities, 
 structures and appliances necessary or convenient for the promotion and accommoda- 
 tion of commerce and navigation, and said city, or its successors, shall not, at any time, 
 grant, convey, give or aJien said lands, or any part thereof, to any individual, firm or 
 corporation for any purpose whatsoever; provided, that said city, or its successors, may 
 grant franchises thereon for limited periods, in any event not to exceed thirty years for 
 wharves and other public uses and purposes, and may lease said lands, or any part 
 thereof, for limited periods, in any event not to exceed thirty years for any and all pur- 
 poses which shall not interfere with commerce or navigation, and are not inconsistent 
 with the trusts upon which said lands are held by the state of California. 
 
 Harbor improved without expense to state. 
 
 (b) That said harbor shall be improved by said city without expense to the state, 
 and shall always remain a public harbor for all purposes of commerce and navigation, 
 and the state of California shall have, at all times, the right to use, without charge, all 
 wharves, docks, piers, slips, quays and other improvements constructed on said lands, 
 or any part thereof, for any vessel or other water craft, or railroad, owned or operated 
 by the state of California; 
 
 No discrimination in rates. 
 
 (c) That in the management, conduct or operation of said harbor, or of any of the 
 utilities, structures or appliances mentioned in paragraph (a), no discrimination in 
 rates, tolls, or charges, or in facilities, for any use or service in connection therewith 
 shall ever be made, authorized or permitted by said city, or by its successors; 
 
 Bight to fish reserved to people. 
 
 Reserving, however, in the people of the state of California, the absolute right to 
 fish in the waters of said harbor, with the right of convenient access to said waters over 
 said lands for said purposes. [Amendment of April 20, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 159.] 
 
 i 2. This act shall take effect immediately. 
 
 1. Effect of act to revoke Banning leaiie. — The effect of the act of May 1, 1911 (1256), 
 
 was to revoke, so far as It could do so, the Banning lease, by granting all the land 
 embraced therein to the city of Los Angeles, to be used and managed for the public 
 purposes of navigation. — People v. Banning Co., 166 Cal. 630, 634, 138 Pac. 100.
 
 k 
 
 1409 LOS A\ GELES CITY. Acts 2597, 2598, g§ 1, 2 
 
 TIDE LANDS REQUIRED FOR PUBLIC PURPOSES. 
 ACT 2597 — An act declaring that all tide lands and submerged lands within the bound- 
 aries of the city of Los Angeles are required, and requiring such lands, for public 
 purposes of commerce, navigation and fishing, and for purposes in aid thereof, and 
 ratifying, approving and confirming the acts of the attorney general in bringing and 
 prosecuting certain suits in the name of the people of the state of California, for the 
 purpose of quieting title to, and for the recovery of the possession of said lands. 
 
 History: Approved June 6, 1913. In effect August 10, 1913. Stats. 
 1913, p. 413. 
 
 Tide lands within Los Angeles city required for public use. 
 
 $ 1. That all tide lands and submerged lands, whether filled or unfilled, within the 
 present boundaries of the city of Los Angeles, a municipal corporation of this state, 
 and situated below the line of mean high tide of the Pacific Ocean, or of any harbor, 
 bay, inlet, estuary or other navigable water within the present boundaries of said city, 
 are hereby declared to be, and the same are hereby, required for the public purposes of 
 commerce, navigation and fishing, and for purposes in aid thereof. 
 
 Attorney general to bring suit for recovery. 
 
 § 2. That the acts of the attorney general of this state in bringing and prosecuting 
 certain suits in the courts of this state, in the name of and in behalf of the people 
 thereof, against all persons, partnerships or private corporations claiming or possess- 
 ing the tide lands and submerged lands described in section one of this act, for the 
 purpose of quieting, in the state of California, the title to said lands, and for the 
 recovery of possession of said lands by said state, be and the same are hereby ratified, 
 approved and confii'med. 
 
 PROTECTION OF NAVIGATION ACT OF 1917. 
 
 ACT 2598 — An act to appropriate money to be expended under the direction of the 
 
 state board of control in co-operation with the federal government to carry out the 
 
 project adopted by congress for the protection of the navigability of Los Angeles and 
 
 Long Beach harbors, and providing for the future completion of the entire project. 
 
 History: Approved May 15, 1917. In effect July 27, 1917. Stats. 
 1917, p. 533. 
 
 Appropriation: protection of Los Angeles and Long Beach harbors. 
 
 § 1. The sum of two hundred fifty thousand dollars is hereby appropriated out of 
 any moneys in the state treasury not otherwise appropriated, to be expended under the 
 direction of the state board of control in co-operation with the federal government to 
 carry out the project adopted by congress for the protection of Los Angeles and Long 
 Beach harbors in accordance with the report made by the war department and printed 
 in house document numbered four hundred sixty-two, sixty-fourth congress, first 
 session, with such modifications and amendments as may hereafter be adopted by the 
 war department er by congress. 
 
 Manner of expenditure, 
 
 § 2. The money appropriated by section one of this act shall be expended by the 
 state board of control in such manner as will comply most fully with the requirements 
 of the report of the war department referred to in section one hereof. To that end the 
 said board may in its discretion cause the money herein appropriated to be paid over 
 to the treasurer of the United States for expenditure by the war department or may 
 enter into contracts or agreements to pay and may pay expenses that may be incurred 
 by any other duly authorized agencies in furthering the purposes of this act. It is 
 the intent and purpose of the state of California to provide a total of one million eighty
 
 Act 2600. §g I, 2 GKIVERAL. l.A'WS. 1500 
 
 thousand dollars to be expended in carrying out said project in conjunction with the 
 expenditure of a like amount by the federal government for said project. No contract, 
 agreement or other obligation shall be entered into by the state board of control which, 
 together with all other contracts, agreements and obligations entered into under this 
 act, will commit or bind the state to the payment of a sum in the aggregate of more than 
 said amount of one million eighty thousand dollars. 
 
 PROTECTION OF NAVIGATION ACT OF 1919. 
 ACT 2600 — An act to appropriate money to be expended under the direction of the state 
 board of control in co-operation with the federal government to carry out the project 
 adopted by congress for the protection of the navigability of Los Angeles and Long 
 Beach harbors. 
 
 History: Approved May 22, 1919. In effect July 22, 1919. Stats. 
 1919, p. 777. 
 
 Appropriation: protection of Los Angeles and Long Beach harbors. 
 
 $ 1. The sum of eight hundred thirty thousand dollars is hereby appropriated out of 
 any moneys in the state treasury not otherwise appropriated, to be expended under the 
 direction of the state board of control in co-operation with the federal government to 
 carry out the project adopted by congress for the protection of Los Angeles and Long 
 Beach harbors in accordance with the report made by the war department and printed 
 in house document numbered four hundred sixty-two, sixty-fourth congress, first session, 
 and in harmony with the provisions enacted, and moneys appropriated for said pur- 
 poses by the forty-second session of the legislature, with such modifications and amend- 
 ments as may hereafter be adopted by the war department or by congress. 
 
 ^ 2. Of the amount appropriated by section one, two hundred fifty thousand dollars 
 shall be available upon the taking effect of this act and five hundred eighty thousand 
 dollars shall be available on July 1, 1921. The amount herein appropriated shall be 
 expended by the state board of control in such manner as will comply most fully with 
 the requirements of the report of the war department referred to in section one hereof. 
 To that end the said board may in its discretion cause the money herein appropriated 
 to be paid over to the treasurer of the United States for expenditure by the war depart- 
 ment or may enter into contracts or agreements to pay and may pay expenses that may 
 be incurred by any other duly authorized agencies in furthering the purposes of 
 this act. 
 
 CHAPTER 202. 
 
 LOS ANGELES COUNTY. 
 
 References: Boundaries, see Kerr's Cyc. Political Code, § 3927. 
 
 County government, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 Superior judges, see Kerr's Cyc. Code Civil Procedure, § 67a. 
 
 See, generally, tits. "Expositions"; "Irrigation and Irrigation Districts"; "Tres- 
 passing Animals." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2609. Protection of El Monte Township From Overflow. 
 
 2622. Bridge Across Santa Ana Kivee. 
 
 2626. County Charter. 
 
 2627. "Los Angeles County Flood Control Act." 
 
 2628. "Los Angeles County Flood Control District" — Bond Validatioit. 
 2631. "Los NiETOS Irrigation District."
 
 ISOl LOS AXGELES COUNTY. Acts 2609-2627, § 1 
 
 PROTECTION OF EL MONTE TOWNSHIP FROM OVERFLOW. 
 ACT 2609 — An act to authorize the hoard of supervisors of Los Angeles county to pro- 
 tect certain lands in El Monte township against the overflow of San Gabriel river. 
 History: Approved March 28,^ 1874, Stats. 1873-74, p. 768. 
 
 This act authorized the appointment of three commissioners, and levied an assessment 
 for the cost of work. 
 
 BRIDGE ACROSS THE SANTA ANA RIVER. 
 ACT 2622 — An act to authorize the hoard of supervisors of Los Angeles county to locate 
 and build a bridge across the Santa Ana river in Los Angeles county, and to issue 
 bonds for the payment of the same. 
 
 History: Approved February 4, 1874, Stats. 1873-74, p. 47. 
 
 COUNTY CHARTER. 
 ACT 2626 — Charter of Los Angeles county. 
 
 History: Voted for and ratified at the general election November 5, 
 1912, filed with the secretary of state January 29, 1913, Stats. 1913, 
 p. 1484. 
 
 1. Proceedings for remoTal of county three months preceding his election, means 
 officer — Sections 758, et seq.. Penal Code. — that the compensation of the sheriff during: 
 The provisions of the Penal Code, §§ 758, his term of office shall be controlled by 
 et seq., and not of the Los Angeles county whatever law was in existence on the 
 charter, which went into effect in June, ninety-first day preceding his election with 
 1913 (Stats. 1913, p. 1484), are applicable to respect to the salary of that office for and 
 a proceeding to remove a county officer during the ensuing term. — Cline v. Lewis, 
 serving a term for which he was elected in 175 Cal. 315, 317, 165 Pac. 915. 
 1910, and commencing in January, 1911, in 3. ordinances — Time of taking effect. — 
 view of the provisions of the charter itself. i^ the absence of any provision the char- 
 — Hunt V. Superior Court, 178 Cal. 470, 471, ter of Los Angeles county determining the 
 173 Pac. 1097; Lewis v. Superior Court, 178 ^jj^e when ordinances shall take, or as to 
 Cal. 812, 173 Pac. 1099. the subjects of initiative and referendum, 
 
 2. Construction — Compensation of elec- under section 7%, article XI, of the con- 
 tiTe officers. — Section 52 of the charter of stitution, the provisions of the Political 
 Los Angeles county (Stats. 1913, p. 1500), Code as a part of the general law of the 
 relating to the power to increase or dimin- state, controls. — Cline v. Lewis, 175 Cal. 315, 
 ish the compensation of an elective county 317, 165 Pac. 915. 
 or township officer during his term and 
 
 "LOS ANGELES COUNTY FLOOD CONTROL ACT." 
 ACT 2627 — An act to create a flood control district to be called "Los Angeles County 
 Flood Control District"; to provide for the control and conservation of flood and 
 storm waters, and for the protection of harbors, waterways, public highways and 
 property in said district from damage from such waters, and for the construction of 
 works and the acquisition of property therefor ; to authorize the incurring of indebt- 
 edness, and the voting, issuing and selling of bonds, and the levying and collecting of 
 taxes by said district ; to provide for the government and control of said district, and 
 to define the powers and duties of the ofl&cers thereof. 
 
 History: Approved June 12, 1915. In effect August 11, 1915, Stats. 
 1915, p. 1502. 
 
 Los Angeles county flood control district created. 
 
 L^l. A flood control district is hereby created, to be called "Los Angeles County 
 Flood Control District," and the boundaries and territory of said district shall be aa 
 follows : 
 All that portion of the county of Los Angeles lying south of the north line of town- 
 ship 5 north, San Bernardino base, excepting therefrom the islands of Santa Catalina 
 and San Clemente, and the islands off the coast included in Los Angeles county.
 
 Act 2627, §§2, 3 GENERAL LAWS. 1503 
 
 Purposes of act. 
 
 $ 2. The objects and purposes of this act are to provide for the control of the flood 
 and storm waters of said district, and to conserA'e such waters for beneficial and useful 
 purposes by spreading, storing, retaining or causing to percolate into the soil within 
 said district, or to save or conserve in any manner, all or any of such waters, and to 
 protect from damage from such flood or storm waters the harbors, waterways, public 
 highways and property in said district. 
 
 Powers. 
 
 Said Los Angeles county flood control district is hereby declared to be a body cor- 
 porate and politic, and as such shall have power: 
 
 1. To have perpetual succession. 
 
 2. To sue and be sued in the name of said district in all actions and proceedings in 
 all courts and tribunals of competent jurisdiction. 
 
 3. To adopt a seal and alter it at pleasure. 
 
 4. To take by grant, purchase, gift, devise or lease, hold, use, enjoy, and to lease or 
 dispose of real or personal property of every kind within or without the district nec- 
 essary to the full exercise of its powers. 
 
 5. To acquire or contract to acquire lands, rights of way, easements, privileges and 
 property of every kind, and construct, maintain and operate any and all works or 
 improvements within or without the district necessary or proper to carry out any of 
 the objects or purposes of this act, and to complete, extend, add to, repair or otherwise 
 improve any works or improvements acquired by it as herein authorized. 
 
 6. To have and exercise the right of eminent domain, and in the manner provided 
 by law for the condemnation of private property for public use, to take any property 
 necessary to can-y out any of the objects or purposes of this act, whether such prop- 
 erty be already devoted to the same use by any district or other public corporation or 
 agency or otherwise, and may condemn any existing works or improvements in said 
 district now used to control flood or storm waters, or to conserve such flood or storm 
 waters or to protect any property in said district from damage from such flood or 
 storm waters. 
 
 7. To incur indebtedness, and to issue bonds in the manner herein provided. 
 
 8. To cause taxes to be levied and collected for the purpose of paying any obligation 
 of the district in the manner hereinafter provided. 
 
 9. To make contracts, and to employ labor, and to do all acts necessary for the full 
 exercise of all powers vested in said district, or any of the officers thereof, by this act. 
 
 Board of supervisors. 
 
 § 3. The board of supervisors of Los Angeles county shall be, and they are hereby 
 designated as, and empowered to act as, ex officio the board of supervisors of said Los 
 Angeles county flood control district, and said board of supervisors is hereby vested 
 with the same powers, and shall perform the same duties for and on behalf of said 
 district, and the government thereof, to carry out the objects and purposes of this act 
 that the board of supervisors of Los Angeles county now have or may hereafter have 
 by law for said Los Angeles county, and shall also have such other or additional powers 
 for said district as may be necessary to carry out any of the objects or purposes of this 
 act above mentioned, or to exercise any of the said powers of said district; provided, 
 that such powers and duties are not in conflict with the express terms of this act; and 
 provided, further, that the provisions of article 9 of the charter of said Los Angeles 
 county shall not be deemed to apply to said district. 
 
 Assistants, 
 
 The county counsel, county clerk, county assessor, county tax collector, county audi- 
 tor and county treasurer of the county of Los Angeles, and their successors in office.
 
 1503 LOS ANGEI.es COUNTY. Act 2627, § 4 
 
 and all their assistants, deputies, clerks and employees, and all other officers of said 
 Los Angeles county, their assistants, deputies, clerks and employees, shall be ex officio 
 officers, assistants, deputies, clerks and emjjloyees respectively of said Los Angeles 
 county flood control district, and shall respectively perform, unless otherwise provided 
 by said board of supervisors, the same various duties for said district as for said Los 
 Angeles county without additional compensation in order to carry out the provisions of 
 this act. 
 
 Other officers. 
 
 Said board of supervisors may in their discretion appoint such other officers for said 
 district as in their judgment may be deemed necessary, and prescribe their duties and 
 fix their compensation, which said officers shall hold office during the pleasure of said 
 board. 
 
 All ordinances, resolutions and other legislative acts for said district shall be adopted 
 by said board of supervisors and certified to, recorded and published, in the same man- 
 ner, except as herein otherwise expressly provided, as are ordinances, resolutions or 
 other legislative acts for the county of Los Angeles. 
 
 Emplo3mient of engineers. Report of engineers. 
 
 § 4. Said board of supervisors shall have jurisdiction and power, and it shall be 
 their duty to employ by resolution a competent engineer or engineers to investigate 
 carefully the best plan to control the flood and storm waters of said district, and to 
 conserve such waters for beneficial and useful purposes by spreading, storing, retain- 
 ing or causing to percolate into the soil within said district, or to save or conserve in 
 any manner, any or all of such waters, and to protect the harbors, waterways, public 
 highways and property in said district from damage from such waters; and to obtain 
 such other information in regard thereto as may be deemed necessary or useful for 
 carrying out the purposes of this act, and such resolution shall direct such engineer or 
 engineers to make and file a report with said board of supervisors which shall show : 
 
 1. A general description of the work to be done. 
 
 2. General plans, profiles, cross-sections and general specifications of the work to be 
 done. 
 
 3. A general description of the lands, rights of way, easements and property pro- 
 posed to be taken, acquired or injured in carrying out said work. 
 
 4. A map which shall show the location of the proposed work and improvements, and 
 lands, rights of way, easements and property to be taken, acquired or injured in carry- 
 ing out said work, and any other information in regard to the same that may be deemed 
 necessary or useful. 
 
 5. An estimate of the cost of such work, including an estimate of the cost of lands, 
 rights of way, easements and property proposed to be taken, acquired or injured in 
 carrying out said work, and also of all incidental expenses likely to be incurred in con- 
 nection therewith, including legal, clerical, engineering, superintendence, inspection, 
 printing and advertising, and stating the total amount of bonds necessary to be issued 
 to pay for the same. 
 
 Such engineer or engineers employed by said resolution shall have power and author- 
 ity, subject to the control and direction of said board of supervisors, to employ siuch 
 engineers, surveyors and others as may be required for making all surveys or doing 
 any other work necessary for the making of such report. 
 
 The said board of supervisors may at any time remove any or all of the engineers or 
 employees appointed or employed under this act, and may fill any vacancies occurring 
 among them from any cause.
 
 Act 2627, S 5 GENERAL LAWS. 1504 
 
 Adoption by resolution. 
 
 ^ 5. After the report of the engineer or engineers provided for in the next preceding 
 section has been filed with the said board of supervisors, said board shall consider the 
 same, and may by resolution either adopt the same as filed, or may refer such report to 
 such engineer or engineers, or to any other engineer or engineers, to be modified or 
 changed, and when a report satisfactory to said board of supervisors has been filed with 
 said board by any such engineer or engineers employed as aforesaid, the said board 
 shall b}' resolution adopt said report, and state the amount of the entire estimated cost 
 for which bonds are to be voted, and a finding in said resolution adopted by said board 
 of supervisors as to the sufficiency of said report, and that the same complies with all 
 the requirements of this act in relation thereto, shall be final and conclusive against 
 all persons except the state of California upon suit commenced by the attorney general. 
 
 Special election. 
 
 $ 6. After the adoption of the report by said board of supervisors, as above pro- 
 vided, said board shall without delay call a special election and submit to the qualified 
 electors of said district the proposition of incurring u bonded debt in the amount and 
 for the purposes stated in said report. 
 
 Said board of supervisors shall call such special election by ordinance, and shall 
 recite therein the objects and purposes for which the indebtedness is proposed to be 
 incurred; provided, that it shall be sufficient to give a brief general description of 
 such objects and purj^oses, and refer to the report adopted by said board of super- 
 visors, and on file for particulars; and said ordinance shall also state the estimated cost 
 of the proposed work and improvements, the amount of the principal of the indebted- 
 ness to be incurred therefor, and what part of such indebtedness shall be paid each and 
 every year, and which shall be not less than one-fortieth of the whole amount of such 
 indebtedness, and the rate of interest to be paid on said indebtedness, and shall fix the 
 date on which such special election shall be held, the manner of holding the same, and 
 the manner of voting for or against incurring such indebtedness. The rate of interest 
 to be paid on such indebtedness shall not exceed six per centum per annum. 
 
 For the purposes of said election, said board of supervisors shall in said ordinance 
 establish election precincts within the boundaries of the said district, and may form 
 election precincts by consolidating the precincts established for general election pur- 
 poses in said district to a number not exceeding six for each such bond election pre- 
 cinct, and shall designate a polling place and appoint two inspectors, two judges and 
 two clerks for each of such precincts. 
 
 In all particulars not recited in such ordinance, such election shall be held as nearly 
 as practicable in conformity with the general election laws of the state. 
 
 Said board of supervisors shall cause so much of said report as covers a general 
 description of the work to be done, and the map showing the location of the proposed 
 work and improvements, to be printed at least thirty days before the date fixed for 
 such election, and a copy thereof fxirnished to every qualified elector of said district 
 who shall apply for the same. 
 
 Said ordinance calling such election shall, prior to the date set for such election, be 
 published ten times in a daily, or four times in a weekly, newspaper of general circula- 
 tion, printed and published in said district, and designated by said board of super- 
 visors for said purpose. No other notice of such election need be given. 
 
 Any defect or irregularity in the proceedings prior to the calling of such election 
 shall not affect the validity of the bonds. 
 
 If at such election a majority of the votes cast are in favor of incurring such bonded 
 indebtedness, then bonds of said district for the amount stated in such proceedings 
 shall be issued and sold as in this act provided-
 
 1505 LOS ANGBLES COUNTY. Act 2627, g§ 7-10 
 
 Bonds. 
 
 $ 7. The said board of supervisors shall, subject to the provisions of this act, pre- 
 scribe by ordinance the form of said bonds, and of the interest coupons attached 
 thereto. Said bonds shall be pa^^able substantially in the following manner: A part to 
 be determined by said board, and which shall not be less than one-fortieth part of the 
 whole amount of such indebtedness shall be paj^able each and every year on a day and 
 date, and at a place to be fixed by said board, and designated in such bonds, together 
 with the interest on all sums unpaid on such date until the whole of said indebtedness 
 shall have been paid. 
 
 Denominations. Interest. 
 
 The bonds shall be issued in such denominations as the said board of supervisors may 
 determine, except that no bonds shall be of a less denomination than one hundred dol- 
 lars, nor of a greater denomination than one thousand dollars, and shall be payable on 
 the day and at the place fixed in said bonds, and with interest at the rate specified in 
 such bonds, which rate shall not be in excess of six per centum per annum, and shall be 
 payable semi-annuall}', and said bonds shall be signed by the chairman of the board of 
 supervisors, and countersigned by the auditor of said Los Angeles county, and the seal 
 of said district shall be affixed thereto. The interest coupons of said bonds shall be 
 numbered consecutively and signed by the auditor of said Los Angeles county by his 
 engraved or lithographed signature. In ease any such officer whose signatures or coun- 
 tersignatures appear on the bonds or coupons shall cease to be such officer before the 
 delivery of such bonds to the purchaser, such signature or countersignature shall never- 
 theless be valid and sufficient for all purposes the same as if such officer had remained 
 in office until the delivery of the bonds. 
 
 Sale of bonds. 
 
 $ 8. The said board of supervisors may issue and sell the bonds of such district 
 authorized as hereinbefore provided at not less than par value, and the proceeds of the 
 sale of such bonds shall be placed in the treasury of the county of Los Angeles to the 
 credit of said district, and the proper record of such transactions shall be placed upon 
 the books of said county treasury', and said district fund shall be apijlied exclusively 
 to the purposes and objects mentioned in the ordinance calling such special bond elec- 
 tion as aforesaid, subject to the provisions in this act contained. Payments from said 
 district fund shall be made upon demands prepared, presented, allowed and audited in 
 the same manner as demands upon the funds of the county of Los Angeles. 
 
 Bonds lien on property. 
 
 § 9. Any bonds issued under the provisions of this act shall be a lien upon the prop- 
 erty of the district, and the lien for the bonds of any issue shall be a preferred lien 
 to that of any subsequent issue. Said bonds and the interest thereon shall be paid by 
 revenue derived from an annual tax upon the real property within said district, and all 
 the real property in the district shall be and remain liable to be taxed for such payments 
 as hereinafter provided. 
 
 Tax levy. 
 
 ^ 10. The board of supervisors shall levy a tax each year upon the taxable real prop- 
 erty in such district sufficient to pay the interest on said bonds for that year, and such 
 portion of the principal thereof as is to become due before the time for making the 
 next general tax levy. Such tax shall be levied and collected on said real property at 
 the time and in the same manner as the general tax levy for county purposes, and when 
 collected shall be paid into the county treasury of said Los Angeles county to the credit 
 of said district fund, and be used for the payment of the principal and interest on said 
 
 Gen. Laws — 95
 
 Act 2«27, §8 11-15 GENERAL LAWS. t506 
 
 bonds, and for no other purpose. The principal and interest on said bonds shall be 
 paid by the county treasury of said Los Angeles county in the manner provided by law 
 for the payment of principal and interest on bonds of said county. 
 
 Political Code tax levy provisions adopted. 
 
 ^ 11, The provisions of the Political Code of this state, prescribing the manner of 
 levying, assessing, equalizing and collecting taxes, including the sale of property for 
 delinquency, and the redemption from such sale, and the duties of the several county 
 officers with respect thereto, are, so far as they are applicable, and not in conflict with 
 the specific provisions of this act, hereb}' adopted and made a part hereof. Such offi- 
 cers shall be liable upon their several official bonds for the faithful discharge of the 
 duties imposed upon them by this act. 
 
 Bonds legal investments for trust funds, etc. 
 
 $ 12. The bonds of said Los Angeles flood control district issued pursuant to this 
 act, shall be legal investments for all trust funds, and for the funds of all insurance 
 comj^anies, banks, both commercial and savings, and trust companies, and for the state 
 school funds, and whenever any money or funds may by law now or hereafter enacted 
 be invested in bonds of cities, cities and counties, counties, school districts or munici- 
 palities in the state of California, such money or funds may be invested in the said 
 bonds of said district issued in accordance with the provisions of this act, and when- 
 ever bonds of cities, cities and counties, counties, school districts or municipalities, may 
 by any law now or hereafter enacted be used as security for the performance of any 
 act, such bonds of said district may be so used. 
 
 This section of this act is intended to be and shall be considered the latest enactment 
 of the matters herein contained, and any and all acts or parts of any acts in conflict 
 with the provisions hereof are hereby repealed. 
 
 Value of bonds. 
 
 § 13. All bonds issued by said district under the provisions of this act are hereby 
 given the same force, value and use as bonds issued by any municipality in this state, 
 and shall be free and exempt from all taxation within the state of California. 
 
 Tax levy for maintenance. 
 
 $ 14. The board of supervisors of said district shall have power, in any year, to 
 levy a tax upon the taxable real property in said district, to carry out any of the objects 
 or purposes of this act, and to pay the cost and expenses of maintaining, operating, 
 extending and repairing any work or improvements of said district for the ensuing 
 fiscal year, and said tax shall be levied and collected at the same time and in the same 
 manner as the general tax levy for county purposes, and the revenue derived from said 
 tax sliall be paid into the county treasury to the credit of said district, and said board 
 of supervisors shall have the power to control and order the expenditure thereof for 
 said purposes; provided, however, that such tax levied under this section for any one 
 fiscal year shall not exceed ten cents on each one hundred dollars of the assessed valu- 
 ation of the real projierty in said district, exclusive of any tax levied to meet the bonded 
 indebtedness of said district, and the interest thereon. 
 
 Letting contracts. 
 
 ^ 15. All contracts for furnishing the labor, materials or supplies required for any 
 improvement or work, or any portion thereof, to carry out this act, shall be let to the 
 lowest responsible bidder. The said board of supervisors of said district shall adver- 
 tise by five or more insertions in a daily newspaper of general circulation, or by two 
 or more insertions in a weekly newspaper of general circulation, printed and published 
 in said district, inviting sealed proposals for furnishing the labor, materials and sup-
 
 1507 LOS ANGELES COUNTY. Act 2627, § 1« 
 
 plies for the proposed improvement or work before any contract shall be made there- 
 for, and may let by contract separately any part of said work or improvement. The 
 said board shall have the right to require such bonds as it may deem best from the suc- 
 cessful bidder, to insure the faithful performance of the contract, and shall also have 
 the right to reject any and all bids; provided, however, that nothing herein contained 
 shall be construed as prohibiting said district itself, and when ordered by the said 
 board of supervisors thereof, it shall have power to make proposed improvement or 
 carry out any work or portion thereof without a contract therefor, and to purchase 
 the materials and supiDlies, and employ the labor necessary for such purpose; and pro- 
 vided, further, that any improvement for which bonds are voted under the provisions 
 of this act, shall be made in conformity with the report, plans, specifications and map 
 theretofore adopted, as above specified, unless the doing of any of such work described 
 in said report shall be prohibited by law, or be rendered contrary to the best interests 
 of said district by some change of conditions in relation thereto, in which event said 
 board of supervisors may, by a vote of four-fifths of all the members thereof, order 
 necessary changes made in such proposed work or improvements, and may cause new 
 plans and specifications to be made and adopted therefor. 
 
 Improvements along highways. 
 
 Any work or improvement provided for in this act may be located, constructed and 
 maintained in, along or across any public road or highway in the county of Los 
 Angeles, in such manner as to afford security for life and property, but the said board 
 of supervisors of said district shall restore or cause to be restored such road or high- 
 way to its former state as near as may be, so as not to impair its usefulness. 
 
 Approval of plans and specifications. 
 
 The plans and specifications for any work proposed to be done, or improvements to 
 be made, under this act, in any municipality in said district shall first be approved by 
 the legislative body of such municipality before the commencement of such work or 
 improvements, and before any contract shall be let therefor; provided, that in the 
 event such legislative body shall refuse or neglect to approve the said plans and speci- 
 cations for such work or improvement within thirty days after being requested by said 
 board of supervisors so to do, then said board of supervisors shall omit the doing of 
 such work or making of such improvements within such municipality, and such omis- 
 sion shall not affect the validity of its i^roceedings under this act, and the funds which 
 were to be expended for such proposed work or improvement in said municiijality may 
 be expended elsewhere by said board of supervisors for carrying out the purposes of 
 this act. 
 
 Rules and regulations. 
 
 § 16. The said board of supervisors of said district shall have power to make and 
 enforce all needful rules and regulations for the administration and government of said 
 district, and to appoint or employ all needful agents, superintendents and engineers to 
 properly look after the performance of any work provided for in this act, and to per- 
 form all other acts necessary or proper to accomplish the purposes of this act. 
 
 Power to acquire lands, rights of way, etc. 
 
 Said board of supervisors shall have power to do all work and to construct and 
 acquire all improvements necessary or useful for carrying out any of the purposes of 
 this act; and said board of supervisors shall have power to acquire either within or 
 without the boundaries of said district, by purchase, condemnation, donation or by 
 other lawful means in the name of said district, from private persons, corporations, 
 reclamation districts, swamp land districts, levee districts, protection districts, drain- 
 age districts, irrigation districts, or other public corporations or agencies or districts,
 
 Act 2627 GENERAL. LAWS. 1508 
 
 all lands, rights of way, easements, property or materials necessary or useful for carry- 
 ing out any of the purposes of this act ; to make contracts to indemnify or compensate 
 any owner of land or other property for any injury or damage necessarily caused by 
 the exercise of the powers conferred by this act, or arising out of the use, taking or 
 damage of any property, rights of way or easements, for any of such purposes; to com- 
 pensate any reclamation district, protection district, drainage district, irrigation dis- 
 trict or other district, public corporation or agency or district, for any right of way, 
 easement or property taken over or acquired by said Los Angeles county flood control 
 district as a part of its work of flood control or conservation or protection provided 
 for in this act, and any such reclamation district, protection district, drainage district, 
 irrigation district or other district or public corporation or agency is hereby given 
 power and authority to distribute such compensation in any manner that may be now 
 or hereafter allowed by law; to maintain actions to restrain the doing of any act or 
 thing that may be injurious to carrying out any of the purposes of this act by said 
 district, or that may interfere with the successful execution of said work, or for dam- 
 ages for injury thereto; to do any and all things necessary or incident to the powers 
 hereby granted, or to carry out any of the objects and purposes of this act; to compel 
 by injunction the owner or owners of any bridge, trestle, wire line, viaduct, embank- 
 ment or other structure which shall be intersected, traversed or crossed by any channel, 
 ditch, bed of any stream, waterway, conduit or canal, so to construct or alter the same 
 as to offer a minimum of obstruction to the free flow of water through or along any 
 such channel, ditch, bed of any stream, waterway, conduit or canal, and whenever nec- 
 essary in the case of existing works or structures, to compel the removal or alteration 
 thereof for such purpose. 
 
 Condemnation proceedings. Diverting waters of streams. 
 
 In case of condemnation proceedings, the said board of supervisors shall proceed in 
 the name of said district, under the provisions of title VII, part III, of the Code of 
 Civil Procedure of the state of California, which such provisions are hereby made 
 applicable for that purpose, and it is hereby declared that the use of the property, 
 lands, rights of way, easements, or materials which may be condemned, taken or 
 appropriated under the provisions of this act is. a public use subject to the regulation 
 and control of the state in the manner prescribed by law, and said board of super- 
 visors of said district is hereby vested with full power to do all other acts or things 
 necessary or useful for the promotion of the work of the control of the flood and 
 storm waters of said district, and to conserve such waters for beneficial and useful 
 purposes, and to protect from damage from such storm or flood waters the harbors, 
 waterways, public highways and property in said district; provided, however, that 
 nothing in this act contained shall be deemed to authorize said district, or any person 
 or persons, to divert the waters of any river, creek, stream, irrigation system, canal or 
 ditch, from its channel, to the detriment of any person or persons having any interest 
 in such river, creek, stream, irrigation system, canal or ditch, or the waters thereof or 
 therein, unless previous compensation be first ascertained and paid therefor, under 
 the laws of this state authorizing the taking of private property for public uses; and 
 provided, further, that nothing in this act contained shall be construed as in any way 
 aft'ecting the plenary power of any incorporated city, city and county, or town, or 
 municipal or county water district, to provide for a water supply of such public 
 corporation, or as affecting the absolute control of any properties of such public 
 corporations necessary for such water supply, and nothing herein contained shall be 
 construed as vesting any power of control over such properties in said Los Angelea 
 county flood control district, or in any officer thereof, or in any person referred to in 
 this act; and provided, further, that nothing in this act contained shall be deemed to 
 authorize said board of supervisors to raise money for said district by any method or
 
 J509 LOS ANGELES COUNTY. Act 2627, §§ 17-22 
 
 system other than that by the issuing of bonds, or the levying of a tax upon the 
 assessed value of all the real property in said district in the manner in this act 
 provided. 
 
 Power to co-operate with state and with U. S. 
 
 5 17. Said board of supervisors of said district shall have full power and authority 
 to co-operate with and to act in conjunction with the state of California, or any of its 
 engineers, officers, boards, commissions, departments or agencies, or with the govern- 
 ment of the United States, or any of its engineers, officers, boards, commissions, depart- 
 ments or agencies, for the purpose of carrying out the work of controlling the flood 
 or stoiTH waters of said district, or for the protection of property, or of any of the 
 harbors, channels, waterways, roads or highways in said district, and to adopt a 
 definite plan or system of work for any such purpose, and when so adopted, no sub- 
 stantial change shall thereafter be made in the same without the express consent of 
 the officer, board, commission or department or agency of the state or federal govern- 
 ment in conjunction with which the same was originally adopted. 
 
 Issuance of additional bonds. 
 
 ^ 18. Whenever bonds have been issued by said district and the proceeds of the sale 
 thereof have been expended as in this act authorized, and said board of supervisors 
 shall by resolution passed by a vote of four-fifths of all its members determine that 
 the public interest or necessity of said district demands the issuance of additional 
 bonds for carrying out the work of flood control, or for any of the purposes of this act 
 by said district, said board of supervisors may again proceed as in this act provided, 
 and have a report made and submit to the qualified voters of said district the question 
 of issuing additional bonds in the same manner and with like procedure as hereinbefore 
 provided, and all the above provisions of this act for the issuing and sale of such bonds, 
 and for the expenditure of the proceeds thereof, shall be deemed to apply to such issue 
 of additional bonds. 
 
 Should proposition fail to carry. 
 
 ^ 19. Should the proposition of issuing bonds submitted at any election under this 
 act fail to receive the requisite number of votes of the qualified voters voting at such 
 election to incur the indebtedness for the purjDose specified, the said board of super- 
 visors of said district shall have power and authority at the expiration of six months 
 after such election, to call or order another election for incurring indebtedness and 
 issuing bonds under the terms of this act, either for the same objects and purposes, 
 or for any of the objects and purposes of this act. 
 
 Repeal of act not to affect bonds. 
 
 § 20. No repeal or amendment of this act which shall in any way affect or release 
 any of the property in said district from the obligations of any outstanding bonds or 
 indebtedness of said district, shall go into effect or be valid or become operative until 
 all such bonds and outstanding indebtedness have been fully paid and discharged. 
 
 Construction of act. 
 
 $ 21. This act, and every part thereof, shall be liberally construed to promote the 
 objects thereof, and to carry out its intents and purposes. 
 
 C onstitutionality . 
 
 ^ 22. In case any section or sections, or part of any section, of this act, shall be 
 found to be unconstitutional or invalid, for any reason, the remainder of the act shall 
 not thereby be invalidated, but shall remain in full force and effect.
 
 Act 262S. S 1 
 
 GENERAL. LAWS. 
 
 ISIO 
 
 Title. 
 
 $ 23. This act may be designated and referred to as the "Los Angeles county flood 
 control act," and any reference thereto by such designation shall be deemed sufficient 
 for all purposes. 
 
 1. Drainage act not superseded. — The 
 
 drainagre act of 1903 was not superseded by 
 this act, the purpose of the former being 
 to dispose of the water, and of the latter 
 to conserve it. — Van De Water v. Pridham, 
 33 Cal. App. 252, 164 Pac. 1136. 
 
 2. Constltntlonallty — "Due proeess." — 
 Where, as in the case of the Los Angeles 
 Flood Control Di.strict, the boundaries of 
 an improvement district are fixed by the 
 legislature, the constitutional guarantee of 
 due process does not require the landowners 
 to be accorded a hearing on the question of 
 the inclusion of their lands within the dis- 
 trict on the ground of the benefit to be 
 derived by them from the contemplated im- 
 provement. — Los Angeles F. C. District v. 
 Hamilton, 177 Cal. 119, 124, 169 Pac. 1028. 
 
 3. Same — Fixing boundaries of district^ 
 Determination of question of benefits. — The 
 legislature, when it fixed the district itself, 
 is supposed to have made proper inquiry 
 and to have finally and conclusively deter- 
 mined the fact of benefits to the land in- 
 cluded in the district, and the citizen has 
 no constitutional right, under the due proc- 
 ess guarantee, to any other or further hear- 
 ing on the question. — Los Angeles, etc.. Dis- 
 trict V. Hamilton, 177 Cal. 119, 169 Pac. 
 1028. 
 
 4. Same — Mere passage of act is finding 
 that district will serve public purpose. — 
 Tlie mere passage of the act must be tal<en 
 to impart a finding that the proposed work 
 will answer a public purpose, that its ex- 
 ecution will benefit the land within the 
 district to such an extent as to warrant the 
 imposition upon such land of the cost in 
 manner provided, and the findings thus im- 
 plied are as fully effective as if declared in 
 express terms in tlie act Itself. — Los An- 
 
 geles, etc.. District v. Hamilton, 177 Cal. 
 119, 169 Pac. 1028. 
 
 5. Same — Use of word "tax" — "A special 
 assessment." — The use of the word "tax" 
 does not invalidate the act, where it la ap- 
 parent that it is Intended to designate a 
 special assessment. — Los Angeles, etc., Dis- 
 trict v. Hamilton, 177 Cal. 119, 169 Pac. 
 1028. 
 
 C Same — Omission of work In non-con- 
 senting municipality. — The provision In the 
 act which authorizes the board to omit 
 work within a municipality which with- 
 holds its approval does not invalidate the 
 act. — Los Angeles, etc., District v. Hamil- 
 ton, 177 Cal. 119, 169 Pac. 1028. 
 
 7. Same — Ad valorem method of assess- 
 ment. — The legislature may apply the ad 
 valorem method of assessment, without any 
 judicial inquiry into, or determination of, 
 the extent of the benefits. — Los Angeles, 
 etc., District v. Hamilton. 177 Cal. 119, 169 
 Pac. 1028. 
 
 8. Same— Issue of bonds without elec- 
 tion. — The legislature had the power to 
 provide for the issue of the bonds of th^ 
 district without an election by the people. — 
 Los Angeles, etc., District v. Hamilton, 177 
 Cal. 119, 169 Pac. 1028. 
 
 9. Same — Power to exempt property from 
 assessment. — In the absence of a consti- 
 tutional provision to the contrary the legis- 
 lature may exempt property from special 
 assessments. — Los Angeles, etc., Co. v. Ham- 
 ilton, 177 Cal. 119, 169 Pac. 1028. 
 
 10. Eflfect of validation act. — The ratify- 
 ing and confirming act of 1917 (Act 2628) 
 cured defects in proceedings organizing the 
 district up to and including the issue of the 
 bonds. — Los Angeles, etc., District v. Ham- 
 ilton, 177 Cal. 119, 169 Pac. 1028. 
 
 "LOS ANGELES COUNTY FLOOD CONTROL DISTRICT "—BOND VALIDATION. 
 
 ACT 2628 — An act to validate bonds of the Los Angeles county flood control district 
 
 and all proceedings relating thereto, and making final and conclusive, except as 
 
 therein provided, the official canvass of election returns of the election at which said 
 
 bonds were voted. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 239. 
 
 Los Angeles county flood control district bonds validated. 
 
 § 1. Bonds in the amount of four million four hundred fifty thousand dollars of the 
 Los Angeles county flood control district, and all the acts and proceedings of said 
 district, leading up to and including the authorizing and issuance of said bonds, are 
 hereby legalized, ratified, confirmed and declared valid to all intents and purposes, 
 which district was created by the Los Angeles county flood control act, approved 
 June 12, 1915, and which bonds were authorized by virtue of an election held in said 
 district on February 20, 1917, at which a majority of the votes cast were in favor of 
 incurring such bonded indebtedness, as found and determined by the board of super- 
 visors of said district upon canvassing such election returns, and which finding and
 
 ISll LOS NIETOS COLLEGIATE INSTITUTE. Acts 2631, 2636 
 
 determination of the result of said election shall be and is hereby declared to be final 
 and conclusive against all persons except the state of California upon suit commenced 
 by the attorney general. Any such suit must be commenced within thirty days after 
 this act takes effect and not otherwise. 
 
 And all said bonds when issued and sold as in said act provided shall be and are 
 hereby declared to be legal and valid obligations of said district, and the faith and 
 credit of said Los Angeles county flood control district is hereby pledged for the prompt 
 payment and redemption of the principal and interest of said bonds and said bonds by 
 their issuance shall be conclusive evidence of the regularity of all proceedings leading 
 up thereto, and that they were duly authorized at said election. 
 
 1. Effect ol act. — The effect of this act was to cure all defects of procedure In the 
 organization of the district up to and including the issue of the bonds. — ^Los Angeles, etc.. 
 District v. Hamilton, 177 Cal. 119. 169 Pac. 1028. 
 
 LOS NIETOS IRRIGATION DISTRICT. 
 
 ACT 2631 — An act to provide for and regulate irrigation in the township of Los 
 
 Nietos, in the county of Los Angeles. 
 
 History: Approved March 20, 1878, Stats. 1877-78, p. 374. 
 
 1. The construction of a private irriga- have elected a person to distribute the 
 
 tlon district is not a dedication to the pub- water, the mode they have adopted is not a 
 
 lie. — An irrigating ditch constructed and dedication to the public, and such a ditch 
 
 controlled by two or more persons is pri- forms one of the exceptions referred to in 
 
 vate property, and though the irrigators are section 6 of this act. — Gate v. Sanford, 54 
 
 numerous, and their respective rights Cal. 24. 
 have not been accurately defined, and they 
 
 LOS BANGS. 
 
 See Act 3094, note. 
 
 LOS GATOS. 
 
 See Act 3094, note. 
 
 LOS NIETOS. 
 
 See tit. "Los Angeles County." 
 
 CHAPTER 203. 
 LOS NIETOS COLLEGIATE INSTITUTE. 
 
 CONTENTS OF CHAPTER. 
 ACT 2636. Trustees Empowered to Acquire Land. 
 
 TRUSTEES EMPOWERED TO ACQUIRE LAND. 
 ACT 2636 — An act to confer further powers and privileges on the trustees of the Los 
 Nietos CoUegiate Institute. 
 
 History: Approved March 11, 1874, Stats. 1873-74, p. 341. 
 
 This act authorized the trustees to acquire not more than one hundred acres of land, 
 by gift, or otherwise, for the purposes of the institution. 
 
 LOST PROPERTY. 
 See Kerr's Cyc. Political Code, §§ 3136-3157; Kerr's Cyc. Penal Code, 5 485.
 
 Act 2<t46, §9 1-4 GENERAL LAWS. 1512 
 
 CHAPTER 204 
 LOST WARRANTS. 
 
 CONTENTS OF CHAPTER. 
 ACT 2646. Payment op Lost Warrants Authorized. 
 
 PAYMENT OF LOST WARRANTS AUTHORIZED. 
 ACT 2646 — An act to provide for the payment of the controller of the state's warrants 
 which have been lost or destroyed previous to payment by the state treasurer. 
 History: Approved March 31, 1891, Stats. 1891, p. 294. 
 
 Lost warrants. Affidavit. Bond. 
 
 $ 1. Whenever any warrant legally drawn by the controller of state shall have been 
 lost or destroyed before the same has been paid by the state treasurer, the amount due 
 1 hereon may be recovered by the legal owner or custodian thereof, by filing with the 
 controller of state: 
 
 First. An affidavit setting forth the fact of the loss or destruction of such state 
 warrant, giving the number, date, amount, and name of the payee, together with all 
 material facts relative to the loss or destruction of the same. 
 
 Second. A bond of indemnity, with two good and sufficient sureties, in double the 
 amount of the face of the particular warrant, which bond shall be referred to the 
 attorney general and controller of state for approval or rejection. 
 
 Approval of bond. 
 
 6 2. It shall be the duty of the attorney general and of the controller of state to 
 examine and pass upon the sufficiency of the said bond, and to approve or reject the 
 same, within thirty days after it shall have been filed with the controller of state. 
 
 Duplicate warrant. 
 
 $ 3. After the filing of the approved bond, the controller of state is hereby author- 
 ized and directed to issue and deliver to the legal owner or claimant, on demand a 
 duplicate waiTant for the full amount of the original warrant, and the treasurer of 
 state is hereby authorized and directed to pay the duplicate, in lieu of the original 
 warrant. 
 
 Entries on books. 
 
 ^ 4. The controller and treasurer shall each make the proper entries on their books, 
 showing such warrants to have been lost or destroyed, and the issuance of duplicate 
 warrants in lieu thereof. 
 
 LOTTERIES. 
 
 See Kerr's Cye. Penal Code, §§319-326. 
 
 LOWER LAKE. 
 
 See tit. ''Lakeport." 
 
 LOYALTON. 
 
 See Act 3094, note. 
 
 LUMBER MANUFACTURERS. 
 See Kerr's Cyc. Penal Code, § 593a. 
 
 MADERA CITY. 
 
 See Act 3094, note.
 
 1513 MADERA COLNTY. Act* 2671-2677 
 
 CHAPTER 205. 
 
 MADERA COUNTY. 
 
 References: Boundaries, see Kerr's Cyc. Political Code, § 3928. 
 
 County government, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq, 
 
 CONTENTS OF CHAPTER. 
 ACT 2671. Organization Act. 
 
 ORGANIZATION ACT. 
 ACT 2671 — To create the county of Madera, to define the boundaries thereof, to deter- 
 mine the county seat, and to provide for its organization and election of officers, and 
 to classify said county. 
 
 History: Approved March 11, 1893, Stats. 1893, p. 168. 
 
 1. Determination of boundary. — The act tempts to provide that the judge of the 
 
 of 1872 (Stats. 1871-72, p. 891), as amended superior court elected under the act shall 
 
 by the act of 1874 (Stats. 1873-74, p. 100) is hold office until January 1897, conflicts with 
 
 determinative of the boundary between section 6 of article VI of the constitution. 
 
 Mariposa and Madera counties, and control fixing- the terms of such judges, and it is 
 
 the provisions of section 3938 of the Politi- held that the term of such judge expires on 
 
 cal Code. — County of Mariposa v. County of the first Monday in January, 1895, and his 
 
 Madera, 142 Cal. 50. successor is to be elected at the general 
 
 2. Constitutionality — Fixing term of of- election of 1894, for the full constitutional 
 fice of judge. — Section 14 of the Madera term. — People v. Markham, 104 Cal. 232l 
 county organization act, so far as it at- 
 
 CHAPTER 206. 
 MAD RIVER. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2676. Improvement Act of 1878. 
 2677. Improvement Act of 1911. 
 
 IMPROVEMENT ACT OF 1878. 
 ACT 2676 — An act to improve Mad River and its north fork and to facilitate the driv- 
 ing of logs therein. 
 
 History: Approved March 30, 1878, Stats. 1877-78, p. 788. 
 Tliis act granted to H. G. Vance, Nelson Young and R. Gross, their associates and 
 successors, the right to improve the river. 
 
 IMPROVEMENT ACT OF 1911. 
 ACT 2677 — An act to protect the banks of Mad River from erosion by means of brush 
 and rock work along the banks thereof. 
 
 History: Approved April 21, 1911, Stats. 1911, p. 1057. 
 This act appropriated $15,000 for preliminary surveys, estimates, plans, etc, under the 
 direction of the department of engineering. 
 
 MANHATTAN BEACH. 
 
 See Act 3094, note. 
 
 MANTECA. 
 
 See Act 3094, note.
 
 Act 26S2, gg 1-3 GENERAL LAWS. . 1514 
 
 CHAPTER 207. 
 
 MANUFACTURERS. 
 
 References: False labels on manufactured goods, see Kerr's Cyc. Political Code, § 349a. 
 Preference to local manufacturer in the purchase of public supplies, see Kerr's Cyc. 
 
 Political Code, § 3247. 
 See, generally, tits. "Adulteration"; "Butter"; "Cheese"; "Foods"; "Fruits"; "Hours 
 
 of Labor"; "Infants"; "Labor Bureau"; "Industrial Welfare Commission"; "Master 
 
 and Servant"; "Public Health." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2682. Labeung Articles Made From Shoddy. 
 
 2683. Kegistration of Factories. 
 
 2684. Medical and Surgical Appliances in Factories. 
 26S5. Sanitation op Factories. 
 
 LABELING ARTICLES MADE FROM SHODDY. 
 
 ACT 2682 — An act providing for the labeling or stamping by the manufacttirer, vendor, 
 
 or person, offering for sale any article of hotel, boarding or lodging-house, or 
 
 domestic or office furniture, the cushions whereof are stuffed in whole or in 
 
 part with materials made of second-hand or cast-off clothing, rags, or cast-off, or 
 
 second-hand material of any character, so that the label or stamp shall show the 
 
 character of the materials with which such articles are so partly made or stuffed, 
 
 and making the violation of any of the provisions of this act a misdemeanor. 
 
 History: Approved March 18, 1909, Stats. 1909, p. 400. Amended 
 February 28, 1911, Stats. 1911, p. 88. 
 
 Shoddy cushions, stamp must show fact. 
 
 § 1. All persons manufacturing in this state, in whole or in part, any article of 
 hotel, boarding-house, lodging-house or domestic or office furniture, or beds or mat- 
 tresses, or cushions, used or intended to be or that could be used by human beings, that 
 are stuffed or made in whole or in part, with material composed in whole or in part 
 from second-hand or cast-off clothing, rags, or second-hand, or cast-off material of any 
 character whatever, or with shoddy, shall at the time of the completion of such manu- 
 facture attach to a conspicuous place upon each of such articles so manufactured by 
 him, a label or stamp showing the correct character of the materials with which the 
 cushion portion of such articles of furniture or beds or cushions or mattresses are 
 stuffed, and no person so manufacturing any such articles shall allow the same or any 
 thereof to leave his possession in the course of trade or business unless such label or 
 stamp is so affixed, and no person shall sell, or offer for sale, in this state any of such 
 articles of furniture, or beds, or mattresses, or cushions, whether the same are manu- 
 factured in this state or not, unless such a label or stamp is so affixed. 
 
 Penalty. 
 
 $ 2. Any person violating any of the provisions of this act shall be guilty of a mis- 
 demeanor, and upon conviction thereof shall be punished by a fine of not less than 
 fifty, nor more than five hundred dollars, or imprisoned not more than six months, or 
 by both such fine and imprisonment. 
 
 Duty of labor commissioner. 
 
 § 3. It shall be the duty of the commissioner of the bureau of labor statistics to 
 enforce the provisions of this act. The commissioner, his deputies and agents shall 
 ha^e all powers and authority of sheriffs to make arrests for violations of the provisions 
 rf 'his act. [New section approved March 1, 1911. Stats. 1911, p. 88.] 
 
 i
 
 1515 MANUFACTURERS. Acts 2683, 2684, g 1 
 
 REGISTRATION OF FACTORIES. 
 
 ACT 2683— An act to provide for the registration of factories, workshops, mills and 
 
 other manufacturing establishments. 
 
 History: Approved June 2, 1913. In effect August 10, 1913. Stats. 
 1913, p. 444. Amended May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 270. 
 
 Registration of factories. 
 
 $ 1. The owner of any factory, workshop, mill or other manufacturing establish- 
 ment, where five or more persons are employed, shall register such factory, workshop, 
 mill or other manufacturing establishment with the bureau of labor statistics, giving 
 the name of the owner, the name under which the business is carried on, the location 
 of the plant, the address of the general offices or principal place of business and such 
 other information as the commissioner of labor shall require. Such registration of 
 existing factories, workshops, mills or other manufacturing establishments shall be 
 made on or before January 1, 1914. All factories, workshops, mills or other manufac- 
 turing establishments hereafter established shall be so registered within thirty days 
 after the commencement of business. Within thirty days after a change in the location 
 of a factory, workshop, mill or other manufacturing establishment the owner thereof 
 shall file with the commissioner of the bureau of labor statistics the new address. 
 
 Notice by commissioner of labor. 
 
 Whenever the commissioner of labor shall have been notified or otherwise becomes 
 aware of the existence of a new factory, or factories, he shall forward a notification of 
 said fact on or before the tenth day of each month to the state board of health and 
 to the board of health or the health officer of the city and county wherein said factory 
 or factories may be located. [Amendment of May 5, 1917. In effect July 27, 1917. 
 Stats. 1917, p. 270.] 
 
 Enforcement of act. 
 
 § 2. The bureau of labor statistics shall enforce the provisions of this act. The 
 commissioner, his deputies and agents, shall have all the powers and authority of 
 sheriffs or other peace officers, to make arrests for violations of the provisions of this 
 act, and to serve any process or notice throughout the state. 
 
 Penalty. 
 
 § 3. Any person, firm or corporation who violates or omits to comply with the pro- 
 visions of this act is guilty of a misdemeanor, and shall upon conviction thereof, be 
 punished by a fine of not less than twenty-five dollars or more than two hundred dollars, 
 or by imprisonment for not more than sixty days, or by both such fine and imprison- 
 ment. All fines imposed and collected under the provisions of this act shall be paid 
 into the state treasury and credited to the contingent fund of the bureau of labor 
 statistics. 
 
 MEDICAL AND SURGICAL APPLIANCES IN FACTORIES. 
 ACT 2684 — An act to provide for the keeping of medical and surgical appliances in 
 
 factories. 
 
 History: Approved May 19, 1913. In effect August 10, 1913. Stats. 
 1913, p. 511. 
 
 Medical chests in factories required. 
 
 § 1. Every person, firm or corporation operating a factory or shop, or conducting 
 anjr business in which power machinery is used for any manufacturing purpose, except 
 for elevators or for heating or hoisting apparatus, where five or more persons are 
 employed, shall at all times keep and maintain, in some accessible place upon the
 
 Act- 3CS5. 2600. 8 1 GKXERALLAWS. 1516 
 
 premises upon which siuh factory, shop or business is located, free of expense to the 
 employees, a medical or surgical chest which sliall contain an adequate assortment of 
 absorbent lint, absorbent cotton, sterilized gauze, plain and medicated, adhesive plaster, 
 cotton and gauze bandages, also one tourniquet, one pair scissors, one pair tweezers, one 
 jar carbolized petrolatum, one bottle antiseptic solution, and one first aid manual, all 
 of which shall cost not less than six dollars, and to be used in the treatment of persons 
 injured or taken ill upon the premises. 
 
 Penalty. 
 
 $ 2. Any person, firm or corporation violating this act shall be subject to a fine of 
 
 not less than ten dollars nor more than fifty dollars for every week during which such 
 
 violation continues. 
 
 SANITATION OF FACTORIES. 
 
 ACT 2685 — An act to provide for the proper sanitary condition of factories and work- 
 shops and for the preservation of the health of the employees. 
 
 History: Approved February 6, 1889, Stats. 1889, p. 3. Amended 
 March 23, 1901, Stats. 1901, p. 571; February 12, 1903, Stats. 1903, 
 p. 16; February 22, 1909, Stats. 1909, p. 43. 
 
 This section was also amended March 23, 1901, Stats. 1901, p. 571. 
 
 Consfltutlonallty. — Declared unconstitutional as an improper delepration of poUce power 
 to the commissioner of labor. — Schaezlein v. Cabaniss, 135 Cal. 466, 87 Am. St. 122, 56 
 I* R. A. 733. 67 Pac. 755. 
 
 CHAPTER 208. 
 
 MAPS. 
 
 References: Assessment purposes, maps for, see Kerr's Cyc. Political Code, §§ 3654, 
 
 et seq. 
 Boundaries, rule of evidence as to description of, referring to maps, see Kerr's Cyc. 
 
 Code Civil Procedure, § 2077. 
 Maps as evidence, see Kerr's Cyc. Code Civil Procedure, § 1936. 
 Railroad maps, see Kerr's Cyc. Civil Code, § 4G6. 
 Stealing or mutilating, see Kerr's Cyc. Penal Code, §§ 113, 114. 
 Wagon-road maps, see Kerr's Cyc. Civil Code, § 513. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2690. Eecording Maps of Subdivisions. 
 
 2691. CuRATivK Act of 1917. 
 
 2692. Alteration oe Vacation of Eecorded Maps. 
 
 RECORDING MAPS OF SUBDIVISIONS. 
 
 ACT 2690 — An act requiring the recording of maps of subdivisions of land into lots 
 
 for the purpose of sale, and prescribing the conditions on which such maps may be 
 
 recorded and prohibiting the selling or offering for sale of land by reference to said 
 
 maps unless the same are recorded. 
 
 History: Approved March 15, 1907, Stats. 1907, p. 290. Amended 
 (1) June 11. 1913; in effect August 10, 1913, Stats. 1913, p. 568; (2) 
 June 12, 1915; in effect August 8, 1915, Stats. 1915, p. 1512; (3) May 2, 
 1919; in effect July 22, 1919, Stats. 1919, p. 164; (4) May 2, 1919; in 
 effect July 22, 1919, Stats. 1919, p. 177; (5) May 18, 1919; in effect 
 Julv 22, 1919, Stats. 1919. p. 725. Prior act of March 9, 1893, Stats. 
 1893. p. 96, amended March 14, 1901, Stats. 1901, p. 288, repealed by the 
 present act. 
 
 Map of subdivision must be recorded. Matters set forth. 
 
 § 1. Whenever any tract or subdivision of land shall be laid out into lots for the 
 purpose of selling the same by reference to a map or plat, the owner or owners thereof 
 shall cause to be made out and filed with the county recorder of the county in which 
 the same is situated, an accurate map or plat tliereof on cloth, drawn and attested to
 
 1517 BIAPS. Act 2C90, g§ 2, 3 
 
 by a civil engineer or licensed surveyor from his own survey of the ground. Said 
 engineer or surveyor shall, in making the surveys, leave sufiieient permanent monu- 
 ments so that another surveyor or engineer may retrace his work. The nature and 
 location of these monuments shall be plainly shown on the map; provided, however, 
 that on all maps of tracts filed for the purpose of showing as acreage, land previously 
 subdivided into numbered or lettered lots or parcels, no survey or certificate by sur- 
 veyor or engineer shall be required. The map shall also particularly set forth and 
 describe : 
 
 First — All parcels of ground within such tract or subdivision used for public pur- 
 poses or offered for dedication for public uses, whether they be intended for public 
 highways, parks, courts, commons or other public uses and their dimensions and boun- 
 daries and the courses of their boundary lines. 
 
 Second — All lots intended for sale, or reserved for private purposes and not offered 
 for dedication to the public use, either by number or letter, and their dimensions and 
 boundaries and the courses of their boundary lines. All parcels of land offered for 
 dedication as public highways and not accepted by the proper authorities upon pre- 
 sentation to them, shall also be designated by number or letter. 
 
 Third — The exact location of such tract or subdivision of land into lots with refer- 
 ence to adjacent subdivisions of land into lots, the maps or plats of which have been 
 previously recorded, if any, or if none, then with reference to comers of a United 
 States survey, or to some natural or artificial monument. [Amendment of May 2, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 177,] 
 
 This section was also amended June 11, 1913, Stats. 1913, p. 586; June 12, 1915, Stats. 
 1915, p. 1512. 
 
 Map on cloth. Size. Scale. 
 
 $ 2. Every such map or plat shall be on cloth and clearly and legibly drawn in all 
 its details upon tracing cloth of good quality. The size of the sheets of drawing cloth 
 must be 18 by 26 inches or 13 by 18 inches. Marginal lines must be drawn around the 
 entire sheet, leaving a margin of one inch from the edges of the sheets, and the name, 
 title, or other designation, and all drawings, affidavits, certificates, acknowledgments, 
 indorsements, acceptances of dedication, and notarial seals must be within said mar- 
 ginal lines. The scale to which the drawing is made must be large enough to show the 
 details clearly, and two or more sheets must be used if one does not give sufficient room 
 to accomplish this end. If more than one sheet is used, each sheet must be numbered, 
 connections of one sheet to another clearly given and the number of the sheets used in 
 the subdivision must be given in the affidavit. [Amendment approved June 11, 1913. 
 Stats. 19l3, p. 569. In effect August 10, 1913.] 
 
 Consent of owner. Certificate of auditor. Bond. Land intended for public use. 
 
 § 3. Upon every such map or plat there shall be indorsed a consent to the making 
 thereof, signed by the owner or owners of the tract or other subdivision of land shown 
 thereon, and also by all other persons whose consent is necessary to pass a clear title 
 to such land, and acknowledged by all the signers in the same manner as conveyances 
 of real property; also a certificate from the county auditor, and from the auditor or 
 other proper officer of anj'^ municipal corporation in which any part of such tract or 
 other subdivision is situated, showing that there are no liens for unpaid state, county, 
 municipal or other taxes, except taxes not yet payable against said tract or subdivision 
 of land or any part thereof; also where a tax lien attaches against any such tract or 
 subdivision or any part thereof a certificate of the clerk of the board of supervisors 
 that a bond has been filed with said board as provided herein ; and the owner or owners 
 of any tract, or other subdivision of land shown thereon, shall execute and file with the 
 board of supei'\'isors of the county wherein such tract, or subdivision, or any part
 
 <ct 2690, g 4 GENE^RAL. LAWS. 1518 
 
 thereof, is situated, a good and sufficient bond to be approved by and in amount to be 
 fixed by said board of supervisors and by its terms made to inure to the benefit of the 
 county wherein such tract, subdivision, or an}' part thereof, is situate, and conditioned 
 for the paj'ment of all taxes which are at the time of filing of said map, a lien against 
 any such tract, or subdivision, or any part thereof, but not yet payable. Except that 
 no tax bond, or certificate in regard to tax bond, by the clerk of the board of super- 
 visors, shall be required on any map which may be recorded on or after the date upon 
 which the taxes for the current year have become payable and before the date upon 
 which the assessment for the next succeeding year is based. Upon every such map or 
 jilat which shows any parcels of land intended for public use and not previously dedi- 
 cated therefor, there shall be indorsed a statement of the dedication of such parcels 
 of land intended for public use, executed by the owner or owners, and by all other 
 persons whose consent is necessary to pass a cleai- title to such parcels of gi-ound to the 
 public, and acknowledged by all persons executing the same in the same manner as 
 conveyances of real property. [Amendment of May 2, 1919. In effect July 22, 1919. 
 Stats." 1919, p. 164.] 
 
 This section was also amended June 11, 1913, Stats. 1913, p. 569. 
 
 Approval of map by city or county governing body. Certificate of examination as to 
 value of territory. Highways to conform to those surrounding. 
 
 $ 4. The map or plat so made, indorsed and acknowledged shall be submitted to the 
 governing body of the city, city and county, or county having control of public highways 
 in the territory shown on such map or plat, for the approval of such governing body 
 before such map or plat is filed for record in the recorder's office; provided, that said 
 map or plat shall not be accepted or approved by such governing body unless the same 
 is accompanied by a certificate of the county surveyor and county assessor, if such tract 
 or subdivision of land lies in unincorporated territory, or city engineer, if such there 
 be, and the city assessor of any incorporated city or town, in which the whole or any 
 part of such tract or subdivision of land is situated, showing that each and every lot 
 and block therein has been carefully examined as to its value for residence or commer- 
 cial uses with their suggestions and recommendations to such governing body; and pro- 
 vided, further, that whenever such tract or subdivision of land lies within an incorpo- 
 rated city or town, the map or plat thereof shall first be submitted by the governing 
 body thereof to the city planning commission, if such there be, of such city or town, or, 
 if there be no city planning commission, to the city engineer, if such there be. Said city 
 planning commission, or city engineer, shall report thereon to the governing body within 
 ten days after receipt of said map or plat. If such tract or subdivision of land is in un- 
 incorporated territory but within three miles from the exterior boundaries of any city or 
 town, the map or plat thereof shall first be submitted by the county board of super- 
 visors to the city planning commission, if such there be, or to such city engineer as 
 above provided of the city or town lying nearest to such tract or subdivision of land, 
 whereupon such commission shall make an examination of such map or plat and submit 
 a report thereon with its suggestions and recommendations to the governing body of 
 the municipality. Said governing body shall thereupon submit a report thereon, with 
 its suggestions and recommendations to the said county board of supervisors. Such 
 governing body after considering the report of the city planning commission, or the 
 city engineer, as the case may be, and said county board of supervisors, after consider- 
 ing the report of said governing body, shall approve or disapprove such map or plat 
 within thirty days after the same is submitted to it as above provided. In the event of 
 the failure, refusal or neglect of said city planning commission, or city engineer to so 
 report within said ten days to the said governing body it shall then be the duty of said 
 commission or city engineer to forthwith transmit said map or plat to said governing
 
 1519 NAPS. Act 2690, §g 5-8 
 
 body for its action thereon. In the event of the failure, refusal or neglect of said gov- 
 erning body to so report to said county board of supervisors within twenty days after 
 said county board has so filed said map or plat with said city planning commission, or 
 city engineer, it shall then be the duty of said governing body to forthwith transmit 
 said map or plat to said county board of supervisors for its action thereon. If approved, 
 the said governing body or board of supervisors shall indorse, or cause to be indorsed, 
 on said map, or plat its approval of the same. Without such approval the said map or 
 plat shall not be filed for record or be recorded. Such governing body may require the 
 public highways, if any, offered for dedication by said map or plat and the parcel or 
 parcels of land, if any, therein reserved or indicated for highway or right of way pur- 
 poses, and not offered for dedication to public use, to be as wide as and to conform, as 
 near as practicable, to the adjoining, surrounding or neighboring streets or highways 
 of said city, city and county, or county. If such map or plat offers for dedication any 
 highways said governing body or board of supervisors shall indorse thereon which of 
 the highways so offered for dedication are accepted on behalf of the public, ^nd there- 
 upon such highways which have been so accepted, and no others, shall be and become 
 dedicated to the public use. [Amendment of May 18, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 725.] 
 
 This section was also amended June 11, 1913, Stats. 1913, p. 570; June 12, 1915, Stats. 
 1915, p. 1513. 
 
 Name of plat to be indorsed on map. Duty of recorder. 
 
 § 5. Upon every such map or plat there shall be indorsed a name, title or designation, 
 but no such tract or subdivision of land into lots shall be given any title, name or desig- 
 nation that is the same as the name of any existing city, town, tract or subdivision of 
 land into lots in the same county, of which the map or plat has been previously recorded, 
 or so nearly the same as to mislead the public or cause confusion as to the identity 
 thereof. "Whenever any map or plat required by this act to be made shall be presented 
 to a county recorder for filing or recording, he shall examine the title, name or designa- 
 tion indorsed thereon and compare the same with the records in his office, and if he 
 finds that said title, name or designation violates this section in any respect, he shall 
 refuse to file or record such map or plat, whether the same be offered for record as a 
 separate map or as a licensed surveyor's record, or as a part of any deed or other 
 instrument. 
 
 Map must comply with this act. 
 
 S 6. No map or plat referred to in this act shall be accepted by the county recorder 
 for filing or recording, unless the same shall in all respects comply with the provisions 
 of this act, and the recorder shall be entitled, before accepting or refusing such map or 
 plat, to sufficient time to enable him to examine the same. [Amendment approved 
 June 11, 1913. Stats. 1913, p. 570. In effect August 10, 1913.] 
 
 Book of maps. 
 
 § 7. When any map or plat referred to in this act is presented to the county 
 recorder and is received and accepted by him, he shall paste or otherwise fasten the 
 same securely in a book of maps which he shall keep in his office, and it shall be deemed 
 to have been recorded and shall become a public record. 
 
 No sale of lots before filing map. 
 
 $ 8. No person shall sell or offer for sale any lot or parcel of land, by reference to 
 any map or plat, unless such map or plat has been made, certified, indorsed, acknowl- 
 edged and filed in all respects as provided in this act, or was filed or recorded prior to 
 the taking effect of this act and in accordance with the laws in force at the time it was 
 so filed or recorded, and no person shall sell or offer for sale any lot or parcel of land
 
 Act 2690, § » 
 
 GENERAL LAWS. 
 
 1520 
 
 by reference to any map or plat other than such recorded map or plat or true and cor- 
 rect copy thereof. [Amendment approved June 11, 1913. Stats. 1913, p. 57(J. In 
 effect August 10, 1913.] 
 
 Penalty. Owners failing to file map may petition court for permission to file. 
 
 § 9. Every person who violates any of the provisions of this act is guilty of a mis- 
 .demeanor, and upon conviction thereof shall be punishable by a fine of not less than 
 twenty-five dollars and not more than five hundred dollars, or by imprisonment in the 
 county jail for a period of not more than six months, or by both such fine and imprison- 
 raent/ and the recordation of any map or plat which is not executed and approved as 
 herein required shall be null and void; provided, however, that any owner or owners 
 of any such tract or subdivision, who prior to the taking effect of this act caused to be 
 ])repared proper maps or plats thereof in conformity with the provisions of the act 
 mentioned in section one hereof, and thereafter, through inadvertence or excusable 
 neglect, fgiled to record the same prior to conveying lots shown thereon, may, within 
 one year after this act takes effect, petition the superior court of the county wherein 
 such land is situate for an order permitting such map or plat to be filed and recorded 
 as in said act provided ; and the court may, upon the hearing of such petition, if satis- 
 fied that good cause exists therefor, make such order. A copy of the petition shall be 
 served upon the county recorder at least ten days prior to such hearing, and a certified 
 copy of such order, if any be made, shall be filed with the map. [Amendment approved 
 June 11, 1913. Stats. 1913, p. 571. In effect August 10, 1913.] 
 
 The amendatory act of 1913, p. 571, contained the following provision: 
 
 Repealed. 
 
 § 8. An act entitled, "An act requiring the recording of maps of cities, towns, addi- 
 tions to cities or towns, or subdivisions of land into small lots or tracts for the purpose 
 of sale and providing a penalty for the selling or offering for sale any lots or tracts 
 in cities towns, additions to cities, towns, subdivisions, or additions thereto, before 
 such maps are filed and recorded, ' ' approved March 9, 1893, and all acts and parts of 
 acts in conflict with this act, are hereby repealed. 
 
 1. Coustmction — Misdemeanor. — ^The act 
 makes it a misdemeanor both to sell and to 
 offer for sale, by express reference to a 
 map, where such map has not been recorded 
 as the act requires. — King v. Johnson, 30 
 Cal. App. 63, 157 Pac. 531. 
 
 2. Same — Vot a revenoe measure. — The 
 act Is not a revenue measure, but a declara- 
 tion of public policy, and the questions of 
 the public interest in applying it, and of 
 matters of private justice between indi- 
 viduals can not be considered. — King v. 
 Johnson, 30 Cal. App. 63, 157 Pac. 531. 
 
 3. Same — Benefit of vendees — Broker's 
 riglit of recovery for services. — The con- 
 tention that the act was intended for the 
 benefit of vendees only, and should not be 
 construed to prevent a broker from recov- 
 ering for services in selling lots which 
 come within the provisions of the act, can 
 not be maintained. — King v. Johnson, 30 
 Cal. App. 63, 157 Pac. 531. 
 
 4. Same — Prohil>iting sales without map. 
 — The act can only be construed as prohibit- 
 ing sales where the property was desig- 
 nated, as being delineated on a map, to 
 which express reference was made in the 
 contract of purchase, and which had not 
 been presented and filed for record as the 
 
 act requires. — Baines v. Shank, 12 Cal. App. 
 391, 107 Pac. 631. 
 
 See, also, Schultz v. Redondo, etc., Co., 156 
 Cal. 439, 105 Pac. 118. 
 
 5. Same — Violation of act by a^ent. — An 
 agent who knowingly sells land required by 
 the act to be delineated on a map and th<» 
 latter recorded, with a previous compliance 
 with the act is guilty of an illegal act, and 
 can not recover compensation therefor. — 
 King v. Johnson, 30 Cal. App. 63, 157 Pac. 
 531. 
 
 6. Same — Acts required of proprietor. — 
 The proprietor of land who has filed the 
 map required by the act for record has don^ 
 all that the act requires him to do, and the 
 delay of the recorder in posting the map in 
 the book of maps does not alTect the right 
 
 of such proprietor to thereafter make a sale, 
 nor render such sale a criminal offense. — 
 Bentley v. Hurlburt, 153 Cal. 796, 96 Pac. 
 890; Hurlburt v. Bentley, 153 Cal. 796, 96 
 Pac. 890. 
 
 7. Same — Approval of county surveyor 
 not required. — The approval of the county 
 surveyor is not required under the act, and 
 if the map is in the form required bj' the 
 act, the recor(|er is not authorized to make 
 such approval a condition precedent to the
 
 1621 MAPS. Acts 2691, 2692, §§ 1, 2 
 
 receiving and recording: of the map. — Bent- the surveyor, at the recorder's request, does 
 
 ley V. Hurlburt, 153 Cal. 796, 96 Pac. 890; not constitute a withdrawal of the map so 
 
 Hurlburt v. Bentley, 153 Cal. 796, 96 Pac. as to nullify the original presentation for 
 
 890. record, and its subsequent recordation must 
 
 8. Snmc — \V^itIidravi-al ot map after pre- be regarded as made pursuant to such orig- 
 
 sentation for record. — The withdrawal of inal presentation. — Bentley v. Hurlburt, 153 
 
 the map after presentation for record for Cal. 796; Hurlburt v. Bentley, 153 Cal. 796. 
 the purpose of obtaining the approval of 
 
 CURATIVE ACT OF 1917. 
 
 ACT 2691 — An act to cure defects in maps or plats filed for record prior to January 1, 
 
 1917, and in deeds or conveyances referring to such maps. 
 
 History: Approved June 1, 1917. In effect July 31, 1917. Stats. 
 1917, p. 1653. 
 
 Defects cured in maps filed prior to January 1, 1917. 
 
 § 1. Any map or plat recorded or filed with the county recorder of the county in 
 which the lands shown on said map or plat are situated prior to the first day of 
 January, one thousand nine hundred seventeen, shall for all purposes be deemed to 
 have been properly so recorded or filed and to comply with all the requirements of the 
 laws in force at the time it was so recorded or filed, notwithstanding any defect, omis- 
 sion or informality in the preparation or execution of such map or plat or of the 
 affidavits, certificates, acknowledgments, indorsements, acceptances of dedication or 
 other matters thereon or required to be thereon by any law in force at the time of such 
 recording or filing, and all sales or conveyances of land by reference to any such map 
 or plat shall be valid as though said raap or plat had been made, certified, indorsed, 
 acknowledged and filed in all respects in accordance with the laws in force at the time 
 said map or plat was so recorded or filed. And any deed or conveyance referring to 
 any such map or plat which, prior to the passage hereof, was copied into the proper 
 book of records kept in the office of any county recorder shall impart after the passage 
 hereof notice of its contents to subsequent purchasers and incumbrancers, notwithstand- 
 ing any defect, omission or informality in the preparation or execution of such map 
 or plat or of the affidavits, certificates, acknowledgments, indorsements, acceptances of 
 dedication or other matters thereon or required to be thereon by any law in force at 
 the time of such recording or filing. 
 
 ALTERATION OR VACATION OF RECORDED MAPS. 
 
 ACT 2692 — An act to provide for the exclusion of any portion of the lands embraced 
 
 within a subdivision or tract of land and for the alteration or vacation of recorded 
 
 maps or plats thereof. 
 
 History: Approved May 7, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 329. 
 
 Exclusion of land from subdivision. 
 
 § 1. Upon the application of the owners of at least two-thirds of the area of the 
 
 land included within the boundaries of any tract or subdivision of land described in a 
 
 recorded map or plat, the superior court of the county or city and couutj' wherein such 
 
 land is situated, may cause all or any portion of such land to be excluded from the 
 
 subdivision or tract and the recorded map or plat thereof to be altered or vacated as 
 
 hereinafter provided. 
 
 Petition. 
 
 § 2. The application provided for in section one hereof shall be made by filing in 
 the office of the county clerk of the county or citj' and county in which the tract or sub- 
 division, or that portion of the land sought to be excluded, is situated, a petition signed 
 and verified by the owners of at least two-thirds of the total area of the land included 
 within the boundaries of the tract or subdivision, as shown on the recorded map or plat. 
 
 Gen. Laws— 96
 
 
 Act 2«82, §§ 3-7 GENERAL. LAWS. 1522 
 
 praying that all or such portions of the land included within such subdivision or tract 
 as is described shall be excluded therefrom. Such petition shall also show the reasons 
 therefor. The land sought to be excluded shall be accurately and distinctly described 
 by reference to the recorded map or plat or by an accurate survey. The petition shall 
 further show the names and addresses of all other owners of the land in the subdivision 
 or tract so far as the same are known to the petitioners. 
 
 Notice of filing petition. 
 
 § 3. Upon the filing of a petition as hereinbefore provided, any judge of the supe- 
 rior court of the county or city and county wherein such land is situated, shall make 
 an order directing the clerk of such court to give notice of the filing of such petition. 
 Said notice shall be for not less than thirty, nor more than fifty, days as shall be by 
 such judge directed, by publication in some newspaper of general circulation within 
 the county, or city and county, or if there is no newspaper published therein by posting 
 in three of the principal places in the county or city and county. Such notice shall 
 contain a statement of the nature of the petition together with a direction that any 
 person may file his objection to the petition, in writing, at any time before the expira- 
 tion of the time of posting or publication. 
 
 Hearing of application. Exclusion by court. 
 
 $ 4. When the time of posting or publication has expired there shall be filed with 
 the clerk of the superior court an affidavit showing due posting or publication, where- 
 upon the court may if no objection has been filed, proceed without further notice to 
 hear the application. If upon such heai-ing the petitioners shall produce to said court 
 satisfactory evidence of the necessity of the exclusion of said lands, and that the owners 
 to two-thirds of the area of the land included within such tract or subdivision are such 
 petitioners, and that there is no reasonable objection to making such exclusion, the 
 court may proceed to exclude the lands sought to be excluded by the petition, and 
 alter or vacate any recorded map or plat thereof, and enter its decree accordingly. 
 
 Hearing of objections. 
 
 § 5. If objection is made to the petition which, in the judgment of the court is 
 material, the court shall proceed to hear such objection and may adjourn the proceed- 
 ings to such time as may be necessary upon proper notice to the petitioners. 
 
 Public highway not affected. Tiling of decree. 
 
 § 6. The exclusion of any territory herein provided for or the alteration or vacation 
 of any recorded map or plat, shall not affect or vacate the whole or any part of any 
 public highway. The exclusion of any land herein provided for or the alteration or 
 vacation of any recorded map or plat, shall be complete with the filing in the office of 
 the county recorder of the county or city and county in which such land is situated, of a 
 copy of the decree of the superior court. The county recorder shall make, upon the 
 face of any such recorded map or plat a memorandum stating briefly that such map 
 or plat has been altered or vacated, whichever the case may be, and giving the date 
 and reference of such degree. 
 
 New map filed. 
 
 § 7. In case any land has been excluded and any map or plat altered pursuant to the 
 provisions of this act, a new map or plat shall be filed with the county recorder in the 
 manner provided by law showing the boundaries of such subdivision or tract as same 
 appears after the exclusion and alteration. "» 
 
 MARICOPA. 
 
 See Act 3094, note.
 
 152S MARIN COUNTY. Act* 2696-2727 
 
 CHAPTER 209. 
 
 MARIN COUNTY. 
 
 References: Boundary, see Kerr's Cyc. Political Code, § 3929. 
 
 County government, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 
 Fences, see tit. "Fences," Act 1493. 
 
 Herding of sheep, see tit. "Sheep." 
 
 Navigable streams, see Kerr's Cyc. Political Code, § 2349. 
 
 Public schools, see Kerr's Cyc. Political Code, §§ 1619, 1858. 
 
 Marin Municipal Water District, see tit. "Municipal Water Districts," Act 3102. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2696. Coroner's Fees in State Prison Cases. 
 2704. Stock Kunning at Large. 
 
 CORONER'S FEES IN STATE PRISON CASES. 
 
 ACT 2696 — An act for the relief of Marin county. 
 
 History: Approved April 8, 1861, Stats. 1861, p. 121. 
 
 This act provided that when the coroner of Marin County was required to inquire Into 
 the death of a convict in state prison, the fees should be a state and not a county charge. 
 It also made the same provision where physicians were called in to inquire into the 
 sanity of a convict at the state prison. 
 
 STOCK RUNNING AT LARGE. 
 ACT 2704 — An act to prevent stock from running at large upon roads and highways in 
 the county of Marin. 
 
 History: Approved March 25, 1876, Stats. 1875-76, p. 482. 
 The c<>de commissioners say this act was modified by the estray law of 1897, p. 198, and 
 1901, p. 603; but see editor's note on chapter on "Estrays." 
 
 CHAPTER 210. 
 
 MARIPOSA COUNTY. 
 
 References: Boundaries, see Kerr's Cyc. Political Code, § 3930. 
 
 County government, etc., see Kerr's Cyc. Political Code, §§ 4000, et seq. 
 Highways, see Kerr's Cyc. Political Code, §§ 2618, et seq. 
 
 CHAPTER 211. 
 
 MARKS AND BRANDS. 
 
 References: Altering, counterfeiting, defacing, etc., see Kerr's Cyc. Penal Code, §§ 349a, 
 
 356, 357, 358, et seq. 
 Maries and brands, see Kerr's Cyc. Political Code, §§ 3167, et seq. 
 See, generally, tits. "Adulteration"; "Butter"; "Cheese"; "Cold Storage"; "Dairies"; 
 
 "Eggs"; "Foods"; "Fruits." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2727. Marking Citrus Fruit Containers. 
 
 2728. Marking Fresh and Dried Fruit Containers. 
 
 2729. Labeling Articles Manufactured in State Prisons, Etc. 
 
 2730. Perpetuation of Marks and Brands. 
 
 MARKING CITRUS FRUIT CONTAINERS. 
 ACT 2727 — An act to provide for the marking or branding of boxes or barrels contain- 
 ing citrus fruit for shipment, and fixing a penalty for the violation thereof, and for 
 the appointment of an inspector under its provisions. 
 
 History: Approved March 23, 1901, Stats. 1901, p. 663.
 
 Acts 272S, 2729. § 1 
 
 GENERAL. LAWS. 
 
 1524 
 
 Marking or branding of packages of citrus fruits. 
 
 ^ 1. All citrus fruit contained in boxes or barrels, which shall hereafter be shipped, 
 or offered for shipment in this state by any person, firm, or corporation, shall have 
 stamped, stenciled, or printed in a conspicuous place on the outside of every such box 
 or barrel, in clearly legible letters, a statement truly and correctly designating the 
 county and immediate locality in which such fruit was grown. Such statement shall 
 be placed thereon by the shipper of said fruit. 
 
 Penalty for violation. 
 
 ^ 2. Any person, firm, or corporation violating any of the provisions or requirements 
 of section 1 of this act shall be guilty or a misdemeanor, and upon conviction shall be 
 fined in any sum not less than two hundred dollars nor more than five hundred dollars. 
 
 Inspector to be appointed. Duty to report violation of statute. 
 
 § 3. The governor of the state of California, upon the passing of this act, shall 
 appoint one inspector of citrus fruit shipments, to serve without compensation, whose 
 duty it shall be to examine boxes and barrels used in the shipment of citrus fruits; 
 and upon the discovery by said inspector of any violation of the requirements of this 
 act he shall forthwith give notice thereof to the district attorney of the county in which 
 the offense was committed, and upon receiving such notice it shall be the duty of such 
 district attorney to prosecute the offender under the provisions of this act. 
 
 § 4. This act shall take effect immediately on and after its passage. 
 
 See, post, Act 2728, and Ex parte Hayden, 147 Cal. 649, 82 Pac. 315. Also, see tit. "Fruit," 
 various acts relating to fruit containers. 
 
 MARKING FRESH AND DRIED FRUIT CONTAINERS. 
 ACT 2728 — An act to provide for the marking, branding, or labeling of boxes, barrels, 
 
 or packages containing fruits, fresh or dried, and fixing a penalty for the violation 
 thereof, and for the appointment of inspectors under its provisions. 
 History: Approved March 20, 1903, Stats. 1903, p. 338. 
 
 See Kerr's Cyc. Penal Code, § 349a, and 
 Act 2727, and tit. "Fruit." 
 
 The act is unconstitutional as an im- 
 proper exercise of the police power. — Ex 
 parte Hayden, 147 Cal. 649. 
 
 1. Purpose of act. — The act is for the 
 purpose of obtaining for the fruit raisers of 
 
 favored and well advertised localities an 
 advantage for their product, and not to 
 prevent the shipping of diseased or falsely 
 labeled fruit, and is not for the benefit of 
 the public health, welfare, safety, or morals, 
 and is unconstitutional. — Ex parte Hayden, 
 147 Cal. 649. 
 
 LABELING OF ARTICLES MANUFACTURED IN STATE PRISONS, ETC. 
 ACT 2729 — An act requiring the labeling of articles offered for sale and intended for 
 personal wear, manufactured in state penitentiaries, reform schools or other insti- 
 tutions supported at public expense, and requiring that notice that such goods are 
 on sale, shall be conspicuously posted in places where said goods are offered for sale. 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 1917, 
 p. 249. 
 
 Articles manufactured at state institutions must be labeled. 
 
 $ 1. No person, p&rsons, firm or corporation, by themselves, their agents or em- 
 ployees shall sell, offer for sale or expose for sale, or have in his or their possession 
 for sale, any article intended for personal wear which was manufactured at a state 
 penitentiarTy'^, state reform school or at any other institution supported at public 
 expense and located without the boundaries of the state of California, unless said 
 article shall have affixed, stamped or imprinted thereon, a label in letters three-eighths 
 of an inch in height, designating the state penitentiary, state reform school or other 
 public institution, where said article was manufactured.
 
 152S MARKS AND BRANDS. Act 2730, § 1 
 
 Notice that articles manufactured at state institutions are for sale. 
 
 § 2. No person, persons, firm or corporation, by themselves, their agents or em- 
 ployees shall sell, offer for sale or expose for sale, or have in his or their possession for 
 sale, any article intended for personal wear which was manufactured at a state peni- 
 tentiary, state reform school or at any other institution supported at public expense 
 and located without the boundaries of the state of California unless there is kept on 
 exhibition in a conspicuous place, where said article is exposed or offered for sale, a 
 notice at least twelve inches in length by six inches in height, stating that goods so 
 manufactured are on sale there. 
 
 Penalty. 
 
 ^ 3. Whoever shall knowingly violate any of the provisions or sections of this act 
 shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be pun- 
 ished for the first offense by a fine of not less than twenty dollars nor more than one 
 hundred dollars; or by imprisonment in the county jail for not less than ten days and 
 not exceeding thirty days; and for each subsequent offense by a fine of not less than 
 fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail 
 for not less than twenty days nor more than one hundred days, or by both such fine 
 and imprisonment, at the discretion of the court. 
 
 Duty of district attorney. 
 
 § 4. It shall be the duty of the district attorney of each and every county in this 
 state, upon application, to attend to the prosecution in the name of the people of any 
 action brought for the violation of any of the provisions of this act within his district. 
 
 PERPETUATION OF MARKS AND BRANDS. 
 ACT 2730 — An act to perpetuate marks, brands and counterbrands established in the 
 several counties of the state under sections three thousand one hundred sixty-eight 
 and three thousand one hundred sixty-nine of the Political Code, to provide methods 
 of perpetuation and declaring all marks, brands and counterbrands not so perpetu- 
 ated to be inoperative and void. 
 
 History: Approved April 16, 1917. In effect July 27, 1917. Stats. 
 1917, p. 138, 
 
 Notice to perpetuate marks, brands, and counterbrands. 
 
 § 1. The county recorder of each county in whose office there are recorded more 
 than one hundred marks, brands and counterbrands under the provisions of section 
 three thousand one hundred sixty-eight of the Political Code, shall, within thirty days 
 after this law goes into effect, cause to be published in a newspaper of general circula- 
 tion in such county, the following notice : 
 
 "Every person, who, under and by virtue of compliance with section three thousand 
 one hundred sixty-eight of the Political Code, owns a mark, brand or counterbrand, 
 must, within three months after final publication of this notice, notify the county 
 recorder of his desire to continue and perpetuate such mark, brand and counterbrand. 
 This notification must be in words of positive and reasonable intendment and must be 
 either by registered letter or by personal application addressed to said county recorder. 
 Any person failing to so continue and perpetuate such mark, brand and counterbrand, 
 shall lose all right, title and interest therein. 
 First publication: (naming date). 
 Last publication: (naming date). 
 
 "County recorder of county."
 
 Aot» 2746. 2753 GENERAL LAWS. 1526 
 
 Publication. 
 
 $ 2. The notice set forth in section one shall be published six times at intervals of 
 four weeks, final publication to be not more than five months later than the original 
 publication thereof. 
 
 Continuance of marks^ etc. 
 
 $ 3. Every person desiring to continue and perpetuate any mark, brand and counter- 
 brand must comply with the provisions set forth in the notice under section one, and the 
 county recorder shall, upon such compliance, write or stamp opposite the record of such 
 mark, brand or counterbrand the word "perpetuated." 
 
 Marks, etc., deemed abandoned. 
 
 6 4. At the termination of three months after final publication of notice set forth in 
 section one, the county recorders of the several counties shall transfer the records of 
 all marks, brands and counterbrands perpetuated under section three to a new book 
 set apart for the purpose described in section three thousand one hundred sixty-eight 
 of the Political Code, and all marks, brands and counterbrands in the custody of the 
 county recorders of the several counties not so continued and perpetuated shall be 
 deemed to have been abandoned by the owner thereof and to be inoperative and void. 
 
 § 5. Nothing in this act shall be construed as repealing sections three thousand one 
 hundred sixty-eight and three thousand one hundred sixty-nine of the Political Code. 
 
 MARRIAGE. 
 
 See Kerr's Cyc. Civil Code, H 55, et seq. 
 
 MARRIED WOMEN. 
 See Kerr's Cyc. Civil Code, and Kerr's Cyc. Code Civil Procedure. 
 
 CHAPTER 212. 
 MARSHALL MONUMENT. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2746. Guardian of Marshall Monument. 
 
 GUARDIAN OF MARSHALL MONUMENT. 
 
 ACT 2746 — An act to provide for the appointment of a guardian for the Marshall 
 
 monument and grounds, prescribing his duties, and appropriating money therefor. 
 
 History: Approved March 31, 1891, Stats. 1891, p. 424. Amended 
 May 27, 1919. In effect July 27, 1919. Stats. 1919, p. 1352. 
 
 The amendment of 1919 fixed the salary of the guardian at $75 per month. 
 
 CHAPTER 213. 
 
 MARTINEZ. 
 Reference: Incorporation, see Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 ACT 2753. Release of Land Covered by Carquinez Straits. 
 
 RELEASE OF LANDS COVERED BY CARQUINEZ STRAITS. 
 ACT 2753 — An act to provide for the disposition of certain property of the state. 
 History: Passed April 21, 1851, Stats. 1851, p. 307. 
 Tbl« act released to the town of Martinez the lands covered by Carquinez Straits lying 
 opposite to it.
 
 1527 1IARYSVILL.IS. Acts 2759-2770. 9 1 
 
 CHAPTER 214. 
 
 MARYSVILLE. 
 Reference: Incorporation, see Act 3094, note. 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2759. Board of City Levee Commissioners. 
 2760. Levee Funding Act of 1876. 
 
 BOARD OF CITY LEVEE COMMISSIONERS. 
 ACT 2759 — An act concerning the construction and repair of levees in the city of 
 Marysville, and the mode of raising revenue therefor. 
 
 History: Approved March 6, 1876, Stats. 1875-76, p. 131. 
 
 LEVEE FUNDING ACT OF 1876. 
 
 ACT 2760 — An act to provide for the funding of the levee indebtedness of the city of 
 Marysville. 
 
 History: Approved February 18, 1876, Stats. 1875-76, p. 60. 
 
 CHAPTER 215. 
 
 MASTER AND SERVANT. 
 
 References: See, generally, tits. "Hours of Labor"; "Immigration"; "Industrial Acci- 
 dent Commission"; "Industrial Welfare Commission"; "Infants"; "Insurance"; 
 "Labor Bureau"; "Laborers"; "Liens"; "Manufacturers"; "Motor Vehicles." 
 
 CONTENTS OF CHAPTER. 
 
 ACT 2770. Day of Rest From Labor. 
 
 2772. Camp Sanitation. 
 
 2772a. Furnishing Pure Drinking Water. 
 
 2773. Lunch Hour in Sawmills, Etc. 
 
 2774. Misrepresentations as to Conditions of Employment. 
 2774a. Ad\'ertisements for Employees During Strikes, Etc. 
 2774b. Interference With Political Activities of Employees, 
 2774c. Tipping Act. 
 
 2774d. "Spotter" Act. 
 
 2775. Temporary Floor Act. 
 
 2776. Scaffolding Act. 
 
 2777. Payment of Wages by Negotiable Ordeb. 
 
 2778. Payment of Wages Act of 1919. 
 
 2779. Seasonal Labor Wages. 
 2779a. Enforced Purchase Act. 
 2779b. Service Letters for Employees. 
 2779c. Cost of Bonds and Photographs. 
 
 2779d. Semi-Monthly Pay Days for County Employees. 
 
 2781. "The Workmen's Compensation, Insurance and Safety Act of 1917.** 
 
 2782. Employer's Casualty Reports. 
 
 2783. Employer's Hospital Service. 
 
 2784. Vocational Ee-Education and Rehabilitation. 
 
 DAY OF REST FROM LABOR. 
 ACT 2770 — An act to provide for a day of rest from labor. 
 
 History: Approved February 27, 1893, Stats. 1893, p. 54. 
 Employee entitled to one day's rest in seven. 
 
 $ 1. Every person employed in any occupation of labor shall be entitled to one day *s 
 rest therefrom in seven; and it shall be unlavpful for any employer of labor to cause 
 his employees, or any of them to -work more than six days in seven ; provided, however, 
 that the provisions of this section shall not apply to any case of emergency.
 
 Act 2772, §§ 1-4 
 
 GE}NE}RAL LAWS. 
 
 1528 
 
 Meaning of term "day's rest." 
 
 § 2. For the purposes of this act, the term day's rest shall mean and apply to all 
 oases, whether the employee is engaged by the day, week, month, or year, and whether 
 the work performed is done in the day or night time. 
 
 Penalty for violation of act. 
 
 ^ 3. Any person violating the provisions of this act shall be deemed guilty of a mis- 
 demeanor. 
 
 ^ 4. This act shall take effect and be in force thirty days from and after its 
 passage. 
 
 CAMP SANITATION. 
 
 ACT 2772 — An act regulating the sanitation and ventilation in and at camps where five 
 
 or more persons are employed; and providing a penalty for the violation thereof. 
 
 History: Approved May 29, 1913. In effect August 10, 1913. Stats. 
 1913, p. 328. Entire act, except title amended and two new sections, 
 7 and 8, added May 18, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 497. Amended again May 5, 1919. In effect July 22, 1919. Stats. 
 1919, p. 244. 
 
 Camps to he kept clean. 
 
 $ 1. In or at any camp where five or more persons are employed, bunk houses, tents 
 or other suitable sleeping places must be provided for all the employees. Such bunk 
 houses, tents or other sleeping places must be in good structural condition, and so con- 
 structed as to provide shelter to the occupants against the elements and so as to ex- 
 clude dampness in inclement weather. The bunk houses, tents and other sleeping places 
 shall be kept in a cleanly state, and free from vermin and matter of an infectious and 
 contagious nature, and the grounds around such bunk houses, tents or other sleeping 
 places shall be kept clean and free from accumulations of dirt, filth, garbage, and other 
 deleterious matter. [Amendment of May 5, 1919. In effect July 22, 1919. Stats. 
 1919, p. 245.] 
 
 Air space in bunk house. Bunks. 
 
 § 2. Every bunk house, tent or other sleeping place used for the purpose of a lodg- 
 ing or sleeping apartment in such camp, shall contain sufficient air space to insure an 
 adequate supply of fresh air for each person occupying such bunk house, tent or other 
 sleeping place. Suitable bunks or beds shall be provided for all employees. Such 
 bunks or beds shall be made of steel, canvas or other sanitary material, and shall be 
 so constructed as to afford reasonable comfort to the persons occupying the same. 
 [Amendment of May 5, 1919. In effect July 22, 1919. Stats. 1919, p. 245.] 
 
 Kitchen, etc., to he kept clean. 
 
 ^ 3. Eveiy mess house, dining room, mess tent, dining tent, kitchen or other struc- 
 ture where food is cooked, prepared or served in such camp shall be kept in a clean 
 and sanitary state and the openings of such structures shall be screened. [Amend- 
 ment of May 18, 1915. In effect August 8, 1915. Stats. 1915, p. 498.] 
 
 Bathing facilities. Toilet facilities. 
 
 § 4. For every such camp there shall be provided convenient and suitable bathing 
 facilities of a reasonable nature to suit conditions, which shall be kept in a clean and 
 sanitary condition. For every such camp there shall be provided convenient and suit- 
 able privy or other toilet facilities, which shall be kept in a clean and sanitary state. 
 A privy other than a water-closet shall consist of a pit at least two feet deep, with suit- 
 able shelter over the same, and the openings of the shelter and pit shall be enclosed by 
 screening or other suitable fly netting. No privy pit shall be filled with excreta to
 
 1529 MASTER AXD SERVANT. Act 2772a 
 
 nearer than one foot from the surface of the ground and the excreta in the pit shall be 
 covered with earth, ashes, lime or other similar substance. [Amendment of May 5, 
 1919. In effect July 22, 1919. Stats. 1919, p. 245.] 
 
 Garbage disposal. 
 
 $ 5. All garbage, kitchen wastes and other rubbish in such camp shall be deposited 
 in suitable covered receptacles which shall be emptied daily or oftener if necessary, 
 and the contents burned, buried or otherwise disposed of in such a way as not to be 
 or become offensive or insanitary. All drainage from the kitchen sink shall be carried 
 through a covered drain to a covered cesspool or septic tank or otherwise disposed of in 
 such a way as not to become offensive or insanitary. [Amendment of May 5, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 245.] 
 
 Duty of employees. 
 
 § 6. It shall be the duty of any person, firm, corporation, agent or officer of a firm 
 or corporation employing persons to work in or at camps to which the provisions of 
 this act apply and the superintendent or overseer in charge of the work in or at such 
 camps to carry out the provisions of this act. At every such camp such owner, super- 
 intendent or overseer shall appoint a responsible person to assist in keeping the camp 
 clean. [Amendment of May 5, 1919. In effect July 22, 1919. Stats. 1919, p. 246.] 
 
 Commission of immigration and housing to administer act. 
 
 § 7. The commission of immigration and housing of California shall administer this 
 act and secure the enforcement of the provisions thereof, and for such pur]Doses shall 
 have the right to enter and inspect all camps to which the provisions of this act apply. 
 Any camp coming under the provisions of this act which does not conform to the pro- 
 visions of this act is hereby declared a public nuisance and if not made to so conform 
 within five days, or within such longer period of time as may be allowed by the com- 
 mission of immigration and housing of California, after written notice given by the 
 said commission, shall be abated by proper action brought for that purpose in the 
 superior court of the county in which such camp, or the greater portion thereof, is 
 situated. [New section added May 18, 1915. In effect August 8, 1915. Stats. 1915, 
 p. 498.] 
 
 Violation of provisions. Penalty. 
 
 § 8. Any person, firm, corporation, agent or officer of a firm or corporation, or any 
 superintendent or overseer in charge of the work in or at any camp coming under the 
 provisions of this act, who shall violate or fail to comply with the provisions of this 
 act, is guilty of a misdemeanor, and shall upon conviction thereof, be punished by a 
 fine of not more than two hundred dollars, or by imprisonment for not more than sixty 
 days, or by both such fine and imprisonment. [New section added May 18, 1915. In 
 effect August 8, 1915. Stats. 1915, p. 498.] 
 
 The amending act of 1915 contained the following provision: 
 
 Appropriation. 
 
 § 2. Out of any money in the state treasury not otherwise appropriated the sum of 
 ten thousand dollars or so much thereof as may be necessary is hereby appropriated to 
 be expended by the commission of immigration and housing of California in accordance 
 with law to carry out the provisions of this act. 
 
 FURNISHING PURE DRINKING WATER. 
 
 ACT 2772a — An act to require employers of labor to furnish, without charge, pure 
 
 drinking water to their employees during working hours. 
 
 History: Approved May 24, 1915. In effect August 8, 1915. Stats. 
 1915, p. 815.
 
 Acts 2773, 2774, g 1 GENERAL LAWS. 1330 
 
 Employers must furnish pure drinking water. 
 
 $ 1. Every employer of labor in this state shall, without making a change therefor, 
 provide fresh and pure drinking water to his employees during working hours. Access 
 to such drinking water shall be permitted at reasonable and convenient times and 
 places. 
 
 Penalty for violation. 
 
 Any violation of the provisions of this act shall be deemed a misdemeanor and pun- 
 ishable for each offense by a fine of not less than twentj'-five dollars ($25.00), nor more 
 than one hundred dollars ($100.00), or by imprisonment for not more than thirty (30) 
 days, or by both^such fine and imprisonment. 
 
 LUNCH HOUR IN SAWMILLS, ETC. 
 ACT 2773 — An act to provide for a lunch hour for laborers in sawmills, shake-mills, 
 shingle-miUs, and logging camps. 
 
 History: Approved February 28, 1901, Stats. 1901, p. 75. 
 
 Lunch-hour for laborers in lumber camps and mills. 
 
 ?i 1. Every person, corporation, copartnership, or company operating a sawmill, 
 shake-mill, shingle-mill, or logging-camp, in the state of California, shall allow to his 
 or its employees, workmen, and laborers a period of not less than one hour at noon for 
 the midday meal. 
 
 Punishment for violating statute. 
 
 $ 2. Any person, corporation, copartnership, or company, his or its agents, servants, 
 or managers, violating any of the provisions of this act shall be guilty of a misde- 
 meanor, and upon conviction thereof shall be punished by a fine of not more than two 
 hundred dollars nor less than one hundred dollars for each violation of the provisions 
 of this act. 
 
 $ 3. This act shall take effect and be in force on the first day of April, nineteen 
 hundred and one. 
 
 MISREPRESENTATIONS AS TO CONDITIONS OF EMPLOYMENT. 
 
 ACT 2774 — An act to prevent misrepresentations of conditions of employment, making 
 
 it a misdemeanor to misrepresent the same, and providing penalties therefor. 
 
 History: Approved March 20, 1903, Stats. 1903, p. 269. Amended 
 April 10, 1915. In effect August 8, 1915. Stats. 1915, p. 52. 
 
 Misrepresentations of conditions of emplosonent prohibited. 
 
 $ 1. It shall be unlawful for any person, partnership, company, corporation, associa- 
 tion, or organization of any kind, directly or through any agent or attorney, to induce, 
 influence, persuade, or engage any person to change from one place to another in this 
 state or to change from any place in any state, territory, or country to any place in this 
 state, or to change from any place in this state to any place in any state, territory or 
 country, to work in any branch of labor, through or by means of knowingly false repre- 
 sentations, whether spoken, written, or advertised in printed form, concerning the kind 
 or character of such work, the compensation therefor, the sanitary conditions relating 
 to or surrounding it, or the existence or non-existence of any strike, lockout, or other 
 labor dispute affecting it and pending between the proposed employer or employers and 
 the persons then or last theretofore engaged in the performance of the labor for which 
 the employee is sought. [Amendment of April 10, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 52.]
 
 1331 MASTER AND SERVANT. Acta 2774a, 2774b, §§ 1, 2 
 
 Penalty. 
 
 $ 2. Any violation of section one or section two hereof shall be deemed a misde- 
 meanor, and shall be punished by a fine of not exceeding two thousand dollars or by 
 imprisonment for not more than one year, or by both such fine and imprisonment. 
 Act takes effect when. 
 
 $ 3. This act shall take effect on the date of its passage. 
 
 As to misrepresentations of employment of union labor, see Kerr's Cyc. Penal Code, § 349c. 
 
 ADVERTISEMENTS FOR EMPLOYEES DURING STRIKES, ETC. 
 
 ACT 2774a — An act to regulate advertisements and solicitations for employees during 
 strikes, lockouts and other labor troubles. 
 
 History: Approved June 7, 1913. In effect August 10, 1913. Stats. 
 1913, p. 678. 
 
 Advertising for labor during strikes. 
 
 $ 1. If any person, firm, or corporation, acting either for himself, or itself, or as 
 the agent of another person, firm, or corporation, during the continuance of a strike, 
 lockout, or other labor trouble among his, or its employees, or among the employees 
 of the person, firm, or corporation, for whom he, or it is acting, advertises for em- 
 ployees in the newspapers, or by posters, or otherwise, or solicits persons to work for 
 him, or the persons, firm, or corporation, for whom he is acting, in the place of the 
 strikers, he shall plainly and explicitly mention in such advertisements or oral or writ- 
 ten solicitations, that a strike, lockout or other labor disturbance exists; provided, that 
 the foregoing provisions shall not apply to advertisements or solicitations published 
 solely or made within the same city or locality where the strike, lockout or other labor 
 disturbance exists. 
 
 Penalty. 
 
 § 2. If any person, firm, association or corporation violates any provision of this 
 act, he or it shall be punished by a fine not less than twenty-five dollars and not exceed- 
 ing two hundred and fifty dollars for each offense. 
 
 INTERFERENCE WITH POLITICAL ACTIVITIES OF EMPLOYEES. 
 
 ACT 2774b — An act prohibiting employers of labor from interfering with the political 
 
 activities of their employees and providing penalties for a violation hereof. 
 
 History: Approved April 10, 1915. In effect August 8, 1915. Stats. 
 1915, p. 47. 
 
 Political activities of laborers not to be interfered with. , 
 
 $ 1. It shall be unlawful for any employer of labor to make, adopt or enforce any 
 rule, regulation or policy forbidding or preventing his employees, or any of them, from 
 engaging or participating in politics or from becoming candidates or a candidate for 
 public office, or controlling or directing, or tending to control or direct the political 
 activities or affiliations of such employees or any of them; or to coerce or influence or 
 attempt to coerce or influence such employees or any of them through or by means of 
 threat of discharge or loss of employment to adopt or follow or refrain from adopting 
 or following any particular course or line of political action or political activity. The 
 expression "employer of labor" as herein used shall be deemed to mean and include 
 any person, firm or corporation regularly having in his or its employ twenty or more 
 employees. 
 
 Penalty. 
 
 $ 2. Any employer violating the provisions of this act shall upon conviction thereof, 
 if an individual, be punishable by imprisonment in the county jail for not to exceed
 
 Act 2774c, gg 1-4 
 
 GENKRAI. I-AWS. 
 
 15S2 
 
 one year or by a fine of not to exoeod one thousand dollars or by both such fine and 
 imprisonment, and, if a corporation, by a fine of not to exceed five thousand dollars. 
 In all prosecutions hereunder the person, fimi or corporation violating this act, shall 
 be held responsible for the acts of his or its managers, officers, agents and employees. 
 
 ^ 3. Nothing herein contained shall be construed to prevent the injured employee 
 from recovering damages from his employer for injury suffered through a violation of 
 this act. 
 
 TIPPING ACT. 
 
 ACT 2774c — An act to prohibit employers or certain agents or representatives of em- 
 ployers from demanding or receiving any money or other consideration from an 
 employee as a condition of employment or of continuing to perform services in such 
 emplojTnent; and to provide for the enforcement of this act by the commissioner of 
 the bureau of labor statistics; and to provide a penalty for the violation thereof; 
 and to repeal an act entitled "An act to forbid managers, superintendents, foremen 
 and other persons having authority from their respective employers to hire, employ, 
 or direct the services of other persons in such employments, to demand or receive 
 any fee, gift or other remuneration in consideration of any such hiring, employment 
 or permission to continue to perform work or services in such employment; and to 
 provide for the enforcement of this act by the commissioner of the bureau of labor 
 statistics," approved April 12, 1915. 
 
 History: Approved May 5, 1917. In effect July 27, 1917. Stats. 
 1917, p. 257. Prior act of April 12, 1915; in effect August 8, 1915, Stats. 
 1915, p. 61, repealed by the present act. 
 
 Employer receiving gifts or part of tips from employees guilty of misdemeanor. 
 
 ^ 1. Any employer or agent or representative of an employer or other person hav- 
 ing authority from his emploj'er to hire, employ or direct the services of other persons 
 in the employment of said employer, who shall demand or receive directly or indirectly 
 from any person then in the employment of said employer, any fee, gift or other 
 remuneration or consideration, or any part or portion of any tips or gratuities received 
 by such employee while in the employment of said employer, in consideration or as a 
 condition of such employment or hiring or employing any person to perform such 
 services for such employer or of permitting said person to continue in such employment, 
 is guilty of a misdemeanor and upon conviction thereof shall be fined not more than 
 three hundred ($300.00) dollars for such offense, or by imprisonment for not more than 
 six months or by both fine and imprisonment. All fines imposed or collected under pro- 
 vision of^ this act shall be paid into the state treasury and credited to the contingent 
 fund of the bureau of labor statistics. 
 
 Employment agencies excepted. 
 
 ^ 2. Nothing contained in this act shall be construed to apply to employment 
 agencies or employment agents licensed and operating under the laws of the state of 
 California. 
 
 Enforcement. 
 
 5 3. This act shall be enforced by the commissioner of the bureau of labor statistics. 
 
 Stats. 1915, p. 61. repealed. 
 
 $4. An act entitled "An act to forbid managers, superintendents, foremen and 
 other persons having authority from their respective employers to hire, employ, or 
 direct the services of other persons in such employments to demand or receive any fee, 
 gift, or other remuneration in consideration of any such hiring, employment or per- 
 mission to continue to perform work or services in such employment; and to provide for
 
 1533 MASTER AXD SERVANT. Acts 2774d, 2775, § 1 
 
 the enforcement of this act by the commissioner of the bureau of labor statistics," 
 approved April 12, 1915, and designated chapter fifty-six of the statutes of 1915, is 
 hereby repealed. 
 
 The act is invalid as in conflict with the "due process" clause of the federal constitution 
 and with section 13, article I of the California constitution. — In re Farb, 178 Cal. 592. 
 
 "SPOTTER" ACT. 
 ACT 2774d — An act providing that any public service corporation, agent, superin- 
 tendent, or manager thereof employing special agents, detectives, or sc-caUed spotters 
 shall, before disciplining or discharging any employee upon a report by such special 
 agent, detective, or so-called spotters, give notice and accord a hearing to such em- 
 ployee upon his request therefor, and providing for the punishment for the violation 
 thereof. 
 
 History: Approved April 14, 1915. In effect August 8, 1915. Stats. 
 1915, p. 69. 
 
 Employee not to be discharged on "spotter's" report without hearing. 
 
 $ 1. It shall be unlawful for any public service corporation, agent, superintendent 
 or manager thereof, employing any special agent, detective, or person commonly known 
 as "spotter" for the purpose of investigating, obtaining and reporting to the employer, 
 its agent, superintendent or manager, information concerning its employees to dis- 
 cipline or discharge any employee in its service, where such act of discipline or the 
 discharge is based upon a report by such special agent, detective or spotter, which 
 report involves a question of integrity, honesty or a breach of rules of the employer, 
 unless such employer, its agent, superintendent or manager, shall give notice and accord 
 a hearing to the employee thus accused, when requested by said employee, at which 
 hearing said emplayer shall state specific charges on which said act or discharge is 
 based and at which said accused employee shall have the right to furnish testimony in 
 his defense. 
 
 Penalty. 
 
 § 2. Each and every violation of this act by any person, firm, association or corpora- 
 tion shall be deemed a misdemeanor, and upon conviction thereof shall be punished by 
 a fine of not less than fifty dollars and not more than three hundred dollars, or by 
 imprisonment in the county jail for a period of not more than one year, or by both such 
 fine and imprisonment. In case of a public service corporation committing any viola- 
 tion of this act the imprisonment when imposed shall be imposed upon the ofiicers or 
 agents thereof committing such offense. 
 
 1. Constitutionality — "Due process." — Held unconstitutional as in contravention of the 
 "due process" clause of the federal constitution, and section 13, article I of the constitu- 
 tion of California. — In re Farb, 178 Cal. 592, 596. 174 Pac. 320. 
 
 TEMPORARY FLOOR ACT. 
 ACT 2775 — An act to provide for temporary floors in buildings more than three stories 
 high in the course of construction and for the protection of the life and limb of 
 workmen employed in such buildings from falling through joists or girders and from 
 falling bricks, rivets, etc. 
 
 History: Approved March 6, 1909, Stats. 1909, p. 157. Entire act, 
 except title, amended April 26, 1911, Stats. 1911, p. 1112. 
 
 Temporary floors in buildings more than two stories high. 
 
 $ 1. Any building more than two stories high in the course of construction shall 
 have joists, beams or girders of each and every floor below the floor or level where any 
 work is being done, or about to be done, covered with flooring laid close together, or 
 with such other suitable material to protect workmen engaged in such building from
 
 Act 2776. 6 1 
 
 GENERAL. LAWS. 1534 
 
 falling through joists or girders, and from falling planks, bricks, rivets, tools, or any 
 other substance whereby life and limb are endangered. 
 
 Not to be removed. 
 
 ^ 2. Such llooring shall not be removed until the same is replaced by the permanent 
 flooring in such building. 
 
 Duty of contractor. 
 
 $ 3. It shall be the duty of the general contractor having charge of the erection 
 of such building to provide for the flooring as herein required, or to make such arrange- 
 ments as may be necessary with subcontractors in order that the provisions of this 
 act may be carried out. 
 
 Duty of owner. 
 
 $ 4. It shall be the duty of the owner or the agent of the owner of such building 
 to see that the general contractor or subcontractor carry out the provisions of this act. 
 
 When contractor fails to provide. 
 
 $ 5. Should the general contractor or subcontractors of such building fail to provide 
 for the flooring of such building, as herein provided, then it shall be the duty of the 
 owner or the agent of the owner of such building to see that the provisions of this act 
 are carried out. 
 
 Misdemeanor. 
 
 $ 6. Failure upon the part of the owner, agent of the owner, general contractor, or 
 subcontractors to comply with the provisions of this act shall be deemed a misdemeanor 
 and shall be punishable as such. 
 
 § 7. This act shall take effect within sixty days. 
 
 SCAFFOLDING ACT. 
 ACT 2776 — An act to regulate certain scaffolding or staging for the protection of 
 workmen; requiring that in addition to the duties imposed by any law unon 
 employers using or directing or permitting the use of scaffolding or staging swung 
 or suspended from an overhead support such employers shall be subject to the pro- 
 visions of this act; fixing penalties for a violation hereof to be the same as provided 
 in section 402c of the Penal Code; and providing for the enforcement of this act by 
 the commissioner of the bureau of labor statistics. 
 
 History: Approved April 22, 1913. In effect August 10, 1913. Stats. 
 1913, p. 49. 
 
 Safety rail on scaffolding. 
 
 ^ 1, All scaffolding or staging, swung or suspended from an overhead support which 
 is more than twenty feet from the ground or floor, shall have a safety rail of wood or 
 other equally rigid material of sufficient strength to bear any sudden strain there 
 ao-ainst equal to four times the weight of an ordinary man, such rail to be properly 
 secured and braced in a manner to withstand a sudden strain as hereinbefore pre- 
 scribed' such rail to rise at least thirty-four inches above the floor or floors or main 
 portions of such scaffolding or staging, and extending along the entire length of the 
 outside and the ends thereof, and properly attached thereto to withstand any strain as 
 hereinbefore provided; and such scaffolding or staging shall be fastened so as to pre- 
 vent the same from swaying from the building or structure, or place of work where 
 such scaffolding or staging is being used. Any and all parts of such scaffolding or 
 staging shall be of sufficient strength to support, bear, or withstand, with safety, any
 
 1535 MASTER AND SERVANT. Act 2777a. 8§ 1, 2 
 
 weight of persons, tools, appliances, or materials that may be placed thereupon or that 
 are to be supported thereby while such scaffolding or staging is being used for any of 
 the purposes thereof. 
 
 Safety lines. 
 
 $ 2. In addition to the duties imposed upon an employer by any law regulating or 
 relating to scaffolding or staging, it shall be the duty of such employer who uses or 
 permits the use of scaffolding or staging, as defined in section one of this act, in con- 
 nection with construction, alteration, repairing, painting, cleaning or the doing of any 
 other kind of work upon any building structure, or other thing or place of work, to 
 furnish safety lines to tie all hooks and hangers back on the roof of such building, 
 structure or other thing or place of work, and to provide safety lines hanging from the 
 roof, securely tied thereto, and one such line to be provided between each pair of 
 hangers or falls and near the ends of all such scaffolding or staging. When planks 
 are used for the platforms or floors of such scaffolding or staging, they shall be not 
 less than fourteen inches in width, and not less than one and one half inches in thick- 
 ness, and shall be of wood free from knots or fractures impairing the strength of such 
 planks. Not more than two men shall be allowed or placed to work between two 
 hangers or falls upon such scaffolding or staging. 
 
 Penalty. 
 
 $ 3. Any violation of the provisions of this act shall be punishable as provided in 
 section four hundred and two c of the Penal Code, and shall be in addition to the 
 penalties provided therein for the violation of any of the provisions of the said section. 
 
 $ 4. It shall be the duty of the commissioner of the bureau of labor statistics to 
 enforce the provisions of this act. 
 
 PAYMENT OF WAGES BY NEGOTIABLE ORDER. 
 ACT 2777 — An act prohibiting the issuance as pajnnent for wages of any evidence of 
 indebtedness unless the same is negotiable and payable without discount, and pro- 
 viding that the same must be payable upon demand. 
 
 History: Approved March 1, 1911, Stats. 1911, p. 259. Amended 
 June 5, 1915. In effect August 8, 1915. Stats. 1915, p. 1215. 
 
 Wage checks must be negotiable. 
 
 $ 1. No person, firm or corporation shall issue, in paj^ment of or as an evidence of 
 indebtedness for wages due an employee, any order, check, memorandum, or other 
 acknowledgment of indebtedness, unless the same is negotiable, and is payable upon 
 demand without discount in cash at some bank or other established place of business 
 in the state; and no person, firm or corporation shall issue in payment of wages due, 
 or wages to become due an employee, or as an advance on wages to be earned by an 
 employee, any scrip, coupons, cards or other thing redeemable in merchandise or pur- 
 porting to be payable or redeemable otherwise than in money. But nothing herein 
 contained shall be construed to prohibit an employer from guaranteeing the payment 
 of bills incurred by an employee for the necessaries of life or for the tools and imple- 
 ments used by such employee in the performance of his duties; provided, however, that 
 the provisions ot this act shall not apply to counties, cities and counties, municipal 
 corporations, quasi-municipal corporations or school districts organized and existing 
 under the laws of this state. [Amendment of June 5, 1915. In effect August 8, 1915. 
 Stats. 1915, p. 1215.] 
 
 Penalty. 
 
 $ 2. Any person, firm or corporation, or agent or officer thereof, who shall violate 
 any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction
 
 Act 2778, §§1,2 
 
 GENERAL, LAWS. 
 
 1536 
 
 thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprison- 
 ment in the county jail for not more than six months, or by both such fine and imprison- 
 ment. [Amendment of June 5, 1915. In effect August 8, 1915. Stats. 1915, p. 1215.] 
 
 1. Constitutionality upheld. — The act of 
 
 March 1, 1911, as amended July 5, 1915 
 (1215) relative to payment of wages is valid 
 and constitutional as applied to the ordi- 
 nary transactions between employers and 
 employees of the character referred to in 
 the act. — In re Ballestra, 173 Cal. 657, 658, 
 161 Pac. 120. 
 
 2. Same — Reasonable regulation of right 
 of contract. — The right to make a contract 
 
 is subject to reasonable regulations, which 
 are valid if they do not impose unreason- 
 able burdens upon individuals. — In re Bal- 
 lestra, 173 Cal. 657, 658, 161 Pac. 120. 
 
 3. Sufficiency of affidavit to charge an 
 offense under act of March 1, 1911, as 
 amended July 5, 1915 (1215) relative to pay- 
 ment of wages. — In re Ballestra, 173 Cal. 
 657, 658, 161 Pac. 120. 
 
 PAYMENT OF WAGES ACT OF 1919. 
 
 ACT 2778 — An act to regulate the payment of wages or compensation for labor or 
 
 service in private employments, establishing regular pay days, providing penalties for 
 
 the violation of its provisions, authorizing the commissioner of the bureau of labor 
 
 statistics to enforce this act, defining the duties of district attorneys relative to its 
 
 enforcement, providing for the collection of certain penalties by civil action at the 
 
 direction of said commissioner and for the disposition of penalties so collected; 
 
 repealing an act entitled "An act providing for the time of payment of wages," 
 
 approved May 1, 1911, as amended April 28, 1915, and repealing an act entitled 
 
 "An act to regulate the payment of wages or compensation of employees in private 
 
 employment; to provide for regular pay days in such employment; providing a 
 
 penalty for the violation thereof; and authorizing the commissioner of the bureau of 
 
 labor statistics to enforce the provisions of this act," approved June 8, 1915. 
 
 History: Approved May 6, 1919. In effect July 22, 1919. Stats. 
 1919, p. 294. Prior act of May 1, 1911, Stats. 1911, p. 1268. Amended 
 April 28, 1915; In effect August 8, 1915, Stats. 1915, p. 299; and act of 
 June 8. 1915; in effect August 8, 1915, Stats. 1915, p. 1292, repealed by 
 the present act. 
 
 Wages of discharged employee. 
 
 § 1. Whenever an emi^loyer discharges an employee, the wages or compensation for 
 labor or service earned and unpaid at the time of such discharge shall become due and 
 payable immediately. Whenever an employee not having a written contract for a 
 definite period quits or resigns his employment, the wages or compensation shall become 
 due and payable not later than seventy-two hoifrs thereafter, unless such employee 
 shall have given seventy-two hours previous notice of his intention to quit, in which 
 latter case such employee shall be entitled to his wages or compensation at the time 
 of quitting. 
 
 Wages due semi-monthly. Exceptions. 
 
 (> 2. All wages or compensation other than those mentioned in section one of this 
 act earned by any person in any employment not exempt by section eleven of this act, 
 shall become due and paya^ble semimonthly or twice during each calendar month, on 
 days to be designated in advance by the employer as the regular pay days; provided, 
 however, that services rendered between the first and fifteenth days, inclusive, of any 
 calendar month shall be paid for between the sixteenth and the twenty-sixth day of the 
 month during which services were rendered, and for all services rendered between the 
 sixteenth and the last day, inclusive, of any calendar month, said services shall be paid 
 for between the first and tenth daj' of the following month ; provided, however, that in 
 agricultural, vitieultural and horticultural pursuits, in stock or poultry raising, and in 
 household domestic service, and when the employees in the said employments are 
 boarded and lodged by the employer, the wages or compensation due any employee
 
 153T MASTER AND SERVANT. Act 2778, §§ 3-« 
 
 remaining in such employment shall become due and payable monthly or once in each 
 calendar month, on a day designated in advance by the employer as the regular pay 
 day, but no two successive such paj^ days to be more than thirty-one days apart, and the 
 payment or settlement shall include all amounts due for labor or service up to the 
 regular pay day. 
 
 What wages shall include. 
 
 ^ 3. The wages or compensation subject to the provisions of this act shall include 
 all amounts for labor or service performed by employees of every description, whether 
 the amount is fixed or ascertained by the standard of time, task, piece, or other method 
 of calculating the same, or whether the labor or service is performed under contract, 
 subcontract, partnership, subpartnership, station plan, or other agreement for the per- 
 formance of labor or service; provided, that the labor or service to be paid for is 
 performed personally by the person demanding payment. Nothing contained in this 
 act shall in any way limit or prohibit the paj'ment of wages or compensation at more 
 frequent intervals, or in greater amounts, or in full when or before due. 
 
 Notice of time and place of pasnnent. In case of strike. 
 
 $ 4. Every employer shall post and keep posted conspicuously at the place of work, 
 if practicable, or otherwise where it can be seen as employees come or go to their 
 place of work, or at the oflSce or nearest agency for payment kept by the employer, 
 a notice specifying the regular pay days and the time and place of payment, also any 
 changes in those regards occurring from time to time. Every emjjloyee who is dis- 
 charged shall be paid at the place of discharge, and every employee who quits or 
 resigns shall be paid at the office or agency of the employer in the county or city and 
 county where such employee has been performing the labor or service for the employer. 
 All payments of money or compensation shall be made in the manner provided by law. 
 In the happening of any strike, the unpaid wages or compensation earned by such 
 striking employees shall become due and payable on the emjDloyer's next regular pay 
 day, and the payment or settlement shall include all amounts due such striking 
 emi^loyees without abatement or reduction, and the employer shall return to each such 
 striking employee any deposit or money or other guaranty required by him from such 
 employee for the faithful performance of the duties of the employment. Any violation 
 of the provisions of this section shall be punishable as for a misdemeanor, and any 
 failure to post any notice as in this section prescribed shall be deemed prima facie 
 evidence of a violation of this act. 
 
 Failure of employer to pay. 
 
 ^ 5. In the event that an employer shall wilfully fail to pay, without abatement 
 or reduction, any wages or compensation of any employee who is discharged or who 
 resigns or quits, as in section one of this act provided, then as a penalty for such non- 
 payment the wages or compensation of such employees , shall continue from the due 
 date thereof at the same rate until paid, or until an action therefor shall be commenced ; 
 provided, that in no case shall such wages continue for more than thirty days; and 
 provided, further, that no such employee who secretes or absents himself to avoid 
 payment to him, or who refuses to receive the payment when fully tendered to him, 
 including any penalty then accrued under the provisions of this section, shall be 
 entitled to any benefit under this act for such time as he so avoids payment. 
 
 Refusal of employer to pay. 
 
 § 6. Any person, firm, association, or corporation, or agent, manager, superintendent, 
 
 or officer thereof, who having the ability to pay, shall wilfully refuse to pay the wages 
 
 due and payable when demanded, as herein provided, or falsely deny the amount or 
 
 validity thereof, or that the same is due, with intent to secure for himself, his employer 
 
 Gen. Laws — 97
 
 Act 2778, §8 7-11 
 
 GKNKRAL LAWS. 
 
 1538 
 
 or other person, any discount upon such indebtedness, or with intent to annoy, harass, 
 or oppress, or hinder, or delay, or defraud, the person to whom such indebtedness is 
 due, shall, in addition to any other penalty imposed upon him by this act, be guilty 
 of a misdemeanor. 
 
 Enforcement by burean of labor statistics. 
 
 $ 7. It shall be the duty of the commissioner of the bureau of labor statistics to 
 inquire diligently for any violations of this act, and to institute the actions for penalties 
 herein provided, and to enforce generally the provisions of this act. 
 
 Enforcement by district attorney. 
 
 $ 8. Nothing herein contained shall be construed to limit the authority of the dis- 
 trict attorney of any county or city and county to prosecute actions, both civil and 
 criminal, for such violations of this act as may come to his knowledge, or to enforce 
 the provisions hereof independently and without specific direction of the commissioner 
 of the bureau of labor statistics. 
 
 C onstitutionality . 
 
 § 9. If any section, sentence, clause, or part of this act, is for any reason held to 
 be unconstitutional, such decision shall not affect the remaining portion of this act. 
 The legislature hereby declares that it would have passed this act, and each section, 
 sentence, clause, or part thereof, irrespective of the fact that one or more sections, 
 sentences, clauses, or parts be declared unconstitutional. 
 
 Public employment excepted. 
 
 i 10. Nothing in this act shall apply to the payment of wages or compensation of 
 employees directly employed by any county, city and county, incorporated city or 
 town, or other municipal corporation. Nor shall anything herein apply to employees 
 directly employed by the state, any department, bureau, office, board, commission, or 
 institution thereof. All other employments shall for the purposes of this act be 
 deemed private employments and subject to the provisions hereof. 
 
 Acts, Stats. 1911, p. 1268, Stats. 1915, p. 299, and Stats. 1915, p. 1292, repealed. 
 
 ij 11. Ar act entitled "An act providing for the time of payment of wages," ap- 
 proved May 1, 1911, as amended April 28, 1915; and an act entitled "An act to regu- 
 late the payment of wages or compensation of employees in private employments; 
 ■providing a penalty for the violation thereof; and authorizing the commissioner of the 
 bureau of labor statistics to enforce the provisions of this act, ' ' approved June 8, 1915, 
 are hereby repealed; but such repeal shall not affect any prosecution or action for the 
 violation of either of said acts commenced within the time allowed by the statute of 
 limitations of actions. 
 
 1. Conatitutionality — Uniform operation 
 of law. — The act of 1911 as amended in 1915 
 was not obnoxious to section 11, article I, 
 of the constitution, as to the uniform opera- 
 tion of laws. — Moore v. Indian Spring, etc., 
 Co., 37 Cal. App. 370, 174 Pac. 378. 
 
 2. Same — Not a local or speeial act. — The 
 act of 1913 as amended in 1915, is not a 
 local or special law within the meaning of 
 subdivision 33, section 25, article IV of the 
 constitution. — Moore v. Indian Spring, etc., 
 Co., 37 Cal. App. 370, 174 Pac. 378. 
 
 3. Same — "Due process" — The act of 1913 
 as amended in 1915, was not violative of 
 the "due process" clause of the federal con- 
 stitution. — Moore v. Indian Spring, etc., Co., 
 37 Cal. App. 370, 174 Pac. 378. 
 
 4. Same— Imprisonment on mesne proc- 
 ess. — The act of 1913 is unconstitutional In 
 so far as it permits an imprisonment on 
 mesne process for debt. — In re Crane, 26 
 Cal. App. 22, 145 Pac. 733.
 
 1530 MASTER AND SERVANT. Acts 2770, 2779a 
 
 SEASONAL LABOR WAGES. 
 ACT 2779 — An act regulating the payment of wages earned in seasonal labor and 
 prescribing the powers and duties of the commissioner of the bureau of laboi 
 statistics, in relation thereto. 
 
 History: Approved May 28, 1913. In effect August 10, 1913. Stats. 
 1913, p. 343. 
 
 ' ' Seasonal labor" defined. 
 
 ^ 1. For the purpose of this act the term "seasonable labor" shall include all work 
 performed by any person employed for a period of time greater than one month, and 
 where the wages for such work are not to be paid at any fixed intervals of time, but 
 at the termination of such employment, and where the work is to be performed outside 
 of this state; provided, that such person is hired within this state and the wages 
 earned during such employment are to be paid in this state at the termination of such 
 employment. 
 
 Wages paid in presence of examiner. 
 
 § 2. Upon application of either the employer or the employee, the wages earned in 
 seasonal labor, shall be paid in the presence of the commissioner of the bureau of labor 
 statistics or an examiner appointed by him. 
 
 Wages disputes. 
 
 § 3. The commissioner shall hear and decide all disputes arising from wages earned 
 in seasonal labor and he shall allow or reject any deductions made from such wages; 
 provided, however, that he shall reject all deductions made for gambling debts incurred 
 by the employee during such employment and for liquor sold to the employee during 
 such employment. 
 
 Findings filed. 
 
 $ 4. After final hearing by the commissioner, he shall file in the ofiBce of the bureau 
 of labor statistics, a copy of the findings upon facts and his award. 
 
 Award, wages due. 
 
 § 5. The amount of the award of the commissioner shall be conclusively presumed 
 to be the amount of the wages due and unpaid to the employee at the time of the 
 termination of the employment, and prosecution may be commenced under the provi- 
 sions of an act entitled, "An act providing for the time of payment of wages," 
 approved May 1, 1911. 
 
 May issue subpoenas. 
 
 § 6. The commissioner or any examiner appointed by him, shall have power and 
 authority to issue subpoenas to compel attendance of witnesses or parties, and the 
 production of books, papers or records and to administer oaths. Obedience to such 
 subpoenas shall be enforced by the courts of any county or city and county. 
 
 Not applicable to seamen. 
 
 § 7. This act shall not be construed to apply to the wages earned by seamen or 
 other persons, where the payment of wages is regulated by federal statute. 
 
 ENFORCED PURCHASE ACT. 
 ACT 2779a — An act prohibiting employers of labor from coercing employees in the 
 purchase of things of value, and prescribing a penalty for the violation of the 
 provisions hereof. 
 
 History: Approved April 26, 1917. In effect July 27, 1917. Stats. 
 1917, p. 207.
 
 Acta 2779b, 2779c, g§ 1-3 GENERAL LAWS. 1540 
 
 Unlawful to force employee to patronize employer. 
 
 $ 1. It shall be unlawful for any employer of labor, or any officer, agent or employee 
 of any employer of labor to make, adopt or enforce any rule or regulation compelling 
 or coercing any emi)loyee to patronize said employer, or any other person, firm or cor- 
 poration, in the purchase of any thing of value; provided, however, that nothing herein 
 shall be interpreted as prohibiting any employer of labor from prescribing the weight, 
 color, quality, texture, style, form and make of uniforms required to be worn by their 
 employees. 
 
 Penalty. 
 
 ^ 2. Any person, whether as an individual, or as an agent or employee of a firm, 
 or as an officer, agent or employee of a corporation, who shall violate any of the 
 provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof 
 shall be punished by a fine not exceeding one hundred dollars or by imprisonment in 
 the county jail for a term not exceeding six months, or by both such fine and 
 imprisonment. 
 
 SERVICE LETTERS FOR EMPLOYEES. 
 
 ACT 27791) — An act to provide for the furnishing by public utility corporations, to 
 
 employees thereof leaving their service, of service letters. 
 
 History: Approved June 1, 1917. In effect July 31, 1917. Stats. 
 1917, p. 1520. 
 
 Service letters by public utility corporations. 
 
 § 1. Every public utility corijoration shall, upon request therefor made to it by any 
 emploj'^ee thereof leaving its service, give to such employee a letter covering and stating 
 the period during which such service was and kind of service rendered to such corpora- 
 tion by such employee. 
 
 Penalty. 
 
 ^ 2. Every public utility corporation violating the provisions of this act shall, for 
 each offense, suffer a fine of not less than twenty-five dollars, nor more than one hun- 
 dred dollars ; which fine shall be collected by the district attorney of the county in which 
 such corporation has its principal place of business. 
 
 COST OF BONDS AND PHOTOGRAPHS. 
 
 ACT 2779c — An act to require employers to pay the cost of bonds and photographs 
 
 required of and furnished by employees or applicants for employment. 
 
 History: Approved April 20, 1917. In effect July 27, 1917. Stats. 
 1917, p. 151. 
 
 Employer must pay for bond or photograph. 
 
 ^ 1. Whenever a bond or photograph of an employee or applicant for employment 
 is required by any employer of labor, said employer shall pay the cost of such bond or 
 photograph. 
 
 Penalty. 
 
 $ 2. Any person violating any provision of this act shall be guilty of a misdemeanor, 
 punishable by a fine not less than twenty-five dollars nor exceeding five hundred dollars. 
 
 Enforcement. 
 
 5 3. The commissioner of the bureau of labor statistics of the state of California 
 shall enforce the provisions of this act..
 
 154X MASTER AND SERVANT. Act 27794, §§ 1, 2 
 
 SEMI-MONTHLY PAY DAYS FOR COUNTY EMPLOYEES. 
 
 ACT 2779d — An act to provide for semi-monthly pay days of laborers in the employ 
 
 of any county of the first or second class. 
 
 History: Approved May 22, 1917. In efEect July 27, 1917. Stats. 
 1917, p. 800. 
 
 Semi-monthly pay days of county employees. 
 
 § 1. The wages of all employees of any county of the first or second class, whose 
 compensation is based on a daily rate of payment, shall be paid at not less than two 
 stated times in each calendar month, and at substantially equal intervals. 
 
 Penalty for violation. 
 
 § 2. Any officer, employer or agent of any county of the first or second class, or of 
 any department or institution thereof, who fails, refuses or neglects to comply with 
 the requirements of this act, in so far as the payments are prescribed or controlled by 
 him, is guilty of a misdemeanor.
 
 Act 2781 
 
 GGNKRAL. I-AWS, 
 
 THE WORKMEN'S COMPENSATION, INSURANCE AND SAFETY ACT OF 1917. 
 
 ACT 2781 — An act to promote the comfort, health, safety and general welfare of the 
 people of this state as affected "by injury causing the disability or death of employees 
 in the course of their emplojnnent, providing for a complete plan of workmen's com- 
 pensation by creating a liability on the part of immediate employers, principal em- 
 ployers, contracting employers and their insurance carriers to compensate employees 
 and their dependents for such disability or death, irrespective of the fault of any 
 party, providing the means and methods of enforcing such liability and providing for 
 certain liens upon compensation; and regulating compensation insurance coverage 
 against such liability, securing the payment of compensation and confirming the 
 establishment and transactions of the state compensation insurance fund; and requir- 
 ing safety in all emplojonents and places of employment in this state and providing 
 the means and methods of enforcing such safety; and requiring reports of industrial 
 injuries; and providing penalties for offenses, as defined herein, by employers, their 
 officers and agents, and by employees and other persons and corporations; and 
 defining the powers and duties of the industrial accident commission under this act, 
 and providing for a review of its orders, decisions and awards; and repealing sections 
 two, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, 
 twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty- 
 seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty- 
 four, thirty-five, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five, fifty-six, fifty- 
 seven, fifty-eight, fifty-nine, sixty, sixty-one, sixty-two, sixty-three, sixty-four, sixty- 
 five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy, seventy-one, seventy-two, 
 seventy-three seventy-four, seventy-five, seventy-five a, seventy-six, seventy-seven, 
 seventy-eight, seventy-nine, eighty, eight-one, eighty-two, eighty-three, eighty-four, 
 eighty-five, eighty-six and eighty-seven of chapter one hundred seventy-six, statutes 
 of 1913, and all other acts and parts of acts inconsistent herewith, except sections 
 one, three, four, five, six, seven, eight, nine, ten, eleven, thirty-six, thirty-seven, thirty- 
 eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-four, forty-five 
 forty-sLx, forty-seven, forty-eight, forty-nine, fifty, eighty-eight and ninety of said 
 chapter one hundred seventy-six, statutes of 1913. 
 
 History: Approved May 23, 1917. In effect January 1, 1918. Stats. 
 1917, p. 831. Amended May 22, 1919; in effect July 22, 1919, Stats. 1919, 
 p. 910. Prior act of April 8, 1911; in effect September 1, 1911, Stats 
 1911, p. 796, commonly known as the "Roseberry Act," was repealed 
 by the act of May 26, 1913; in effect January 1, 1914, Stats, 1913, p. 279, 
 known as the "Boynton Act," which was amended (1) May 27, 1915; 
 in effect August 8, 1915, Stats. 1915, p. 913; (2) June 3, 1915; in effect 
 August 8, 1915, Stats. 1915, p. 1079; (3) June 8, 1915; in effect August 8, 
 1915, Stats. 1915, p. 1302; (4) by the present act. The amendments 
 made by the present act, eliminated the compensation provisions of 
 the "Boynton Act," and left only the administrative and Insurance fea- 
 tures of the original act, which appears under the title "Industrial 
 Accident Commission," Act 2106. 
 
 TABLE OF CORRESPONDING SECTIONS, ACTS OF 1913 AND 1917. 
 
 Act of 1913. 
 
 Act of 1917. 
 
 Act of 1913. 
 
 Act of 1917 
 
 §2. 
 
 Corresponding 
 
 section . . . 
 
 §3 
 
 §22. 
 
 Corresponding 
 
 section . . 
 
 .§17 
 
 §7. 
 
 Corresponding 
 
 section. . . 
 
 §4 
 
 §23. 
 
 Corresponding 
 
 section. . 
 
 .§18 
 
 §12. 
 
 Corresponding 
 
 section . . . 
 
 §6 
 
 §24. 
 
 Corresponding 
 
 section . . 
 
 .§19 
 
 §13. 
 
 Corresponding 
 
 section 
 
 §7 
 
 §25. 
 
 Corresponding 
 
 section. . 
 
 .§20 
 
 §14. 
 
 Corresponding 
 
 section. . . 
 
 §8 
 
 §26. 
 
 Corresponding 
 
 section. . 
 
 .§21 
 
 §15. 
 
 Corresponding 
 
 section. .. 
 
 §9 
 
 §27. 
 
 Corresponding 
 
 section. . 
 
 .§22 
 
 §16. 
 
 Corresponding 
 
 section. . . 
 
 §11 
 
 §28. 
 
 Corresponding 
 
 section. . 
 
 .§23 
 
 §17. 
 
 Corresponding 
 
 section. . . 
 
 §12 
 
 §29. 
 
 Corresponding 
 
 section. . 
 
 .§24 
 
 §18. 
 
 Corresponding 
 
 section. . . 
 
 §13 
 
 §30. 
 
 Corresponding 
 
 section. . 
 
 .§25 
 
 §19. 
 
 Corresponding 
 
 section. . . 
 
 §14 
 
 §31. 
 
 Corresponding 
 
 section . . 
 
 .§26 
 
 §20. 
 
 Corresponding 
 
 section. . . 
 
 §15 
 
 §32. 
 
 Corresponding 
 
 section. . 
 
 .§27 
 
 §21. 
 
 Corresponding 
 
 section. . . 
 
 § 16 
 
 §33. 
 
 Corresponding 
 
 section. . 
 
 .§28
 
 1513 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 Act of 1913. 
 
 Act of 1917. Act of 1913. 
 
 Act of 1917, 
 
 §34. Corresponding section. ...§ 30 
 § 35. Corresponding section. . . .§ 31 
 §51. Corresponding section. ...§ 33 
 §52. Corresponding section. ...§ 34 
 §53. Corresponding section. ...§ 35 
 Corresponding section. ... § 36 
 Corresponding section. ... § 37 
 Corresponding section. ... § 38 
 § 58. Corresponding section. ... § 40 
 § 59. Corresponding section. . . .§ 41 
 Corresponding section. ... § 42 
 Corresponding section. ... § 43 
 Corresponding section. . . .§ 44 
 Corresponding section. . . .§ 45 
 Corresponding section. . . .§ 46 
 Corresponding section. ... § 47 
 Corresponding section. ...§ 48 
 Corresponding section .... § 49 
 Corresponding section. ... § 50 
 §51 
 
 §54 
 §55 
 §56. 
 
 60 
 §61. 
 §62. 
 §63. 
 §64. 
 §65. 
 §66. 
 §67. 
 §68 
 
 § 69. Corresponding section. 
 
 §70. Corresponding section. — §52 
 
 § 71. Corresponding section. ... § 53 
 
 §72. Corresponding section. ...§ 54 
 
 § 73. Corresponding section. . . .§ 55 
 
 § 74. Corresponding section. . . ,§ 56 
 
 § 75. Corresponding section. . . .§ 57 
 
 § 75a. Corresponding section. . . .§ 58 
 
 § 76. Corresponding section. ... § 59 
 
 § 77. Corresponding section. . . .§ 60 
 
 § 78. Corresponding section. ... § 61 
 
 § 79. Corresponding section. . . .§ 62 
 
 §80. Corresponding section. ...§ 63 
 
 § 81. Corresponding section. . . .§ 64 
 
 § 82. Corresponding section. ... § 65 
 
 § 83. Corresponding section. . . .§ 66 
 
 § 84. Corresponding section. . . .§ 67 
 
 §85. Corresponding section. ...§ 68 
 
 § 86. Corresponding section. . . .§ 69 
 
 § 87. Corresponding section. . . .§ 70 
 
 § 1. 
 
 § 2. 
 
 § 3. 
 
 § 4. 
 
 § 5. 
 
 § 6. 
 
 § 7. 
 
 § 8. 
 
 § 9. 
 
 §10. 
 §11. 
 
 112. 
 
 §13. 
 §14. 
 
 §15. 
 §16. 
 
 §17. 
 
 §18. 
 
 § 19. 
 §20. 
 
 ANALYSIS OF ACT. 
 
 Intention of Act. Social Public Pouct of State Declared. 
 
 Title. 
 
 Definitions: "Commission"; "Commissioner"; "Compensation"; "Injury"; 
 "Damages"; "Person"; "Insurance Carrier"; "Singular and Plural." 
 
 Assistant to Attorney. 
 
 Powers and Duties. 
 
 Employer's Liability. Misconduct of Injured Employee. Eecovery of Compen- 
 sation. 
 
 ' ' Employer. ' ' 
 
 "Employe"; "Independent Contractor"; Partner Receiving Wages; "Casual"; 
 Watchmen; Employees of State, Etc. Workmen Under Partnership Agree- 
 ment. 
 
 Change of Physicians. Employer Maintaining Hospital Staff. Time op Dis- 
 ability Payments. Disability Less Than Seven Days. Disability More Than 
 Seven Days. Amount of Disability Payments. Aggregate Disability Pay- 
 ments. Computation of Payments When Disability Permanent. Only One 
 Payment. Permanent Disabilities Presumed to Be Total. Schedule for Deter- 
 mination OF Permanent Disabilities. Death Benefits. If Deceased Employee 
 Leaves Dependents. If Employee Leaves Persons Partially Dependent. If No 
 Dependents. 
 
 Inspection of Hospital Facilities. Eeports op Receipts, Etc. Facilities Declared 
 Inadequate. 
 
 Right to Institute Proceedings Barred, When. Periods Within Which Pro- 
 ceedings FOR Collection May Be Commenced. Guardian for Minor of Incompe- 
 tent. Refusal to Submit to Medical Treatment. Previous Disability Does 
 Not Affect Later Disability. Payments Not Due Employee. Affirmative 
 Defense. 
 
 Average Annual Earnings. Average Weekly Earnings. When Less Than Five 
 Days or Seasonal. Overtime, Board, Etc. If Injured Employee Is Under 21. 
 
 Weekly Loss in Wages in Case of Temporary Partial Disability. 
 
 Who Are Deemed Wholly Dependent. Distribution of Death Benefit. Com- 
 mission May Reassign Death Benefit. 
 
 Notice to Employer. 
 
 Medical Examination or Employee. It Emplotee Refuses to Submit to Examin 
 ation. 
 
 Hearing on Disputes. Service of Notice. Jurisdiction of Commission. But On» 
 Cause of Action. Death op Employer. 
 
 Dependant's Answer. Application for Eeliep. Dismissal op Application, 
 Attachment of Defendant's Property. 
 
 Testimony. Stipulation op Facts. Evidence. Affirmative Defenses. Autopsy. 
 
 Findings and Award. Amending Orders, Etc. •
 
 A<f 2781 GENERAL LAWS. 1544 
 
 § 21. Findings Filed in the Superiob Court. Judgment Roll. Stay of Execution. 
 Entry of Satisfaction. 
 
 § 22. Keview of Findings, Etc. 
 
 § 23. Fees. Costs. 
 
 y 24. Claim Not Assignable. Lien Against Amount Due as Compensation. Notice op 
 Claim. Award by Commission. Excessive Claim for Legal Services. Prefer- 
 ence OF Claim for Compensation. 
 
 § 25. Liability op Principal Employers and Contractors. Limitations on Liability. 
 
 §26. "Employee." Suits for Damages From Person Other Than Employer. If 
 Employee Joins in Suit. 
 
 § 27. Right to Compromise. Valid Release or Compromise Agreement. Award Based 
 ON Release or Compromise Agreement. Contents op Release ob Compromise 
 Agreement. 
 
 § 28. Compensation Payable in Lump Sum. Determination of Amount of Commuted 
 Payment. Manner of Making Lump Sum Payment. Payments From State 
 Compensation Insurance Fund. 
 
 § 29. Ways of Securing Payment op Compensation. Action Against Employer. Right 
 TO Attach Property. 
 
 § 30. Right of Employer to Insure in Mutual Companies, Etc. Liability Not Reduced 
 BY Insurance, Etc. Insurance Carrier Directly Liable to Employee. Lien of 
 Employee on Amount Owing on Policy. Employer Relieved From Liability by 
 Insurance Carrier. Order of Commission. Insurance Carrier Subrogated to 
 Rights of Employer. State Fund May Insure. 
 
 §31. "Limited Compensation Policy." 
 
 § 32. Organization of State Compensation Insurance Fund Continued. 
 
 §33. Definitions: "Place of Employment"; "Employment"; "Employer"; "Em- 
 ployee"; "Order"; "General Order"; "Local Order"; "Safe" and 
 "Safety"; "Safety Device" and "Safeguard." 
 
 § 34. Employer to Make Employment Safe. 
 
 § 35. Use of Safety Deuces. 
 
 § 36. Construction of Unsafe Place. 
 
 § 37. Employee Not to Interfere With Safety Devices. 
 
 § 38. jltilsdiction of commission over places of employment. 
 
 § 39. Power of Commission to Prescribe Devices, Standards, Etc. 
 
 § 40. Notice of Hearing to Consider General Safety Order. 
 
 § 41. Order to Make Employment Safe. 
 
 § 42. Time for Compliance With Order. 
 
 § 43. Investigation of Unsafe Employment. 
 
 § 44. Obeying Order. 
 
 § 45. Review of Orders. 
 
 § 46. Powers of Supervisors. Etc., Not Affected. 
 
 § 46i. Restraining Injunction Against Unsafe Employments. 
 
 § 47. Museums of Safety and Hygiene. Lectures. Advisers. 
 
 § 48. Order Admissible as Evidence. 
 
 § 49. Penalty for Violation. 
 
 § 50. Separate and Distinct Offense. 
 
 s 51. Accident Prevention Fund. Percentage op Amount of Gross Premiums. Esti- 
 mates Submitted to Board of Control. Revolving Fund. 
 
 § 52. Unlawful to Divulge Confidential Information. 
 
 § 53. Reports op Injuries. Filling Out Blanks. Information Not Open to Public 
 Inspection. 
 
 S 54. Investigation of Injuries. Inspectors, Etc., May Enter Place op Employment. 
 Penalty for Violation. 
 
 § 55. Proceedings Instituted Before Commission. Orders, Etc.. Prima Facie Lawful. 
 
 § 56. Service of Notice, Etc. 
 
 § 57. Powers of Commission. Rules of Practice. Representation op Minors, Etc. 
 Appoint Trustees to Appear for Minor or Incompetent. .Joinder op Interested 
 Persons. Notices. Proofs. Controversies Over Insurance Policies. Acting 
 as Arbitrator. 
 
 § 58. Controversies Over Injuries Outside op State. 
 
 1 59. Reference op Cases. Referees. Objection to Appointment. Oath of Referee. 
 Report op Referee. Order, Etc., Based on Report of Referee. Hearings by 
 Referees. 
 
 I 60. Commission Not Bound by Statutory Rules op EnoENCE and Procedure. 
 
 • Depositions.
 
 lo 13 MASTE:R and servant. Act 2781, §§ 1-3 
 
 § 61. Po"WER OF Commission to Administer Oaths, Etc. Witness Fees and Mileage. 
 
 § 62. Power of Superior Court to Compel Attendance of Witnesses, Etc. 
 
 § 63. General Powers op Commission. Power to Issue Writs, Etc. 
 
 § 64. Application for Rehearing. No Cause for Action Unless Application fob 
 
 Rehearing. Grounds for Application. Service Upon Adverse Parties. Rehear- 
 ing. Changing Order, Etc. Action Within 30 Days. 
 S 65. Grounds for Rehearing of Order Awarding Compensation. 
 § 66. Grounds for Rehearing of Order Not Pertaining to Compensation. Right of 
 
 Commission to Adopt New Rules. 
 § 67. Application for Writ of Review. Record of Commission. Judgment op CoiniT. 
 
 Jurisdiction of Courts Limited. 
 S 68. Order, Etc., Suspended by Application for Rehearing. Stay of Order by Coukt. 
 
 Written Undertaking by Petitioner. 
 § 69. Interpretation by Court. Employers Engaged in Interstate Commerce. 
 § 70. Other Employees May Come Under Provisions of Act. Other Employers Subject 
 
 TO Compensation Privileges, When. State Employments. Acceptance of Act 
 
 OF 1913 Continued. 
 § 71. Repealed. Continued. 
 
 § 72. Proceedings, Etc., Under Act of 1913 Not Disturbed. 
 § 73. [Compensation Provisions Have No Retroactive Effect.] 
 § 74. In Effect When. 
 
 Intention of act. Social public policy of state declared. 
 
 ^ 1. This act and each and every part thereof is an expression of the police power 
 and is also intended to make effective and apply to a complete system of workmen's 
 compensation the provisions of section seventeen and one-half of article XX and section 
 twenty-one of article XX of the constitution of the state of California. A complete 
 system of workmen's compensation includes adequate provision for the comfort, 
 health, safety and general welfare of any and all employees and those dependent upon 
 them for support to the extent of relieving from the consequences of any injury in- 
 curred by employees in the course of their employment, irrespective of the fault of any 
 party; also full provision for securing safety in places of employment, full provision 
 for such medical, surgical, hosj^ital and other remedial treatment as is requisite to 
 cure and relieve from the effects of such injurj^, full provision for adequate insurance 
 coverage against the liability to pay or furnish compensation, full provision for regu- 
 lating such insurance coverage in all its aspects including the establishment and man- 
 agement of a state compensation insurance fund, full provision for otherwise securing 
 the payment of compensation, and full provision for vesting power, authority and juris- 
 diction in an administrative body with all the requisite governmental functions to 
 determine any matter arising under this act to the end that the administration of this 
 act shall accomplish substantial justice in all cases expeditiously, inexpensively and 
 without incumbrance of any character; all of which matters contained in this section 
 are expressly declared to be the social public policy of this state, binding upon all 
 departments of the state government. 
 
 Title. 
 
 ^2. This act shall be known and may be cited as the ''workmen's compensation, 
 insurance and safety act of 1917 ' ' and shall apply to the subjects mentioned in its title. 
 
 Definitions. 
 
 $ 3. The following terms as used in this act shall, unless a different meaning is 
 plainly required by the context be construed as follows: 
 
 "Commission." 
 
 (1) The term "commission" means the industrial accident commission of the state 
 of California as created under the provisions of chapter one hundred seventy-six of the 
 laws of 1913.
 
 Ael 27S1, gg 4-6 GKKKRAL, ^AWS. 1546 
 
 "Commissioner." 
 
 (2) The term "commissioner" means one of the members of the commission. 
 
 "Compensation." 
 
 (3) The term "compensation" means compensation under this act and includes 
 every benefit or payment conferred by sections six to thirty-one, inclusive, of this act 
 upon an injured employee, or in the event of his death, upon his dependents, without 
 regard to negligence. 
 
 "Injury." 
 
 (4) The term "injury," as used in this act, shall include any injury or disease aris- 
 ing out of the employment including injuries to artificial members. In case of aggra- 
 vation of any disease existing prior to such injury, compensation shall be allowed only 
 for such proportion of the disability due to the aggravation of such prior disease as 
 may reasonably be attributed to the injury. 
 
 "Damages." 
 
 (5) The term "damages" means the recovery allowed in an action at law as con- 
 trasted with compensation under this act. 
 
 "Person." 
 
 (6) The term "person" includes an individual, firm, voluntary association, or a 
 public, quasi-public or private corporation. 
 
 "Insurance carrier." 
 
 (7) The term "insurance carrier" includes the state compensation insurance fund 
 and any private company, corporation, mutual association, reciprocal or interinsuranee 
 exchange authorized under the laws of this state to insure employers against liability 
 for compensation under this act and any employer to whom a certificate of consent 
 to self-insure .has been issued. 
 
 Singular and plural. 
 
 (8) Whenever in this act the singular is used, the plural shall be included; where 
 the masculine gender is used, the feminine and neuter shall be included. [Amendment 
 of May 22, 1919. In effect July 22, 1919. Stats. 1919, p. 911.] 
 
 Assistant to attorney. 
 
 § 4. The commission shall have power and authority to appoint an assistant to its 
 attorney, who shall be an attorney at law of this state, and who shall hold office at the 
 pleasure of the commission. It shall be the right and duty of such assistant attorney to 
 perform any of the duties of the attorney of the commission under the direction of 
 the commission or its attorney. 
 
 Powers and duties. 
 
 $ 5. Said commission is hereby vested with full power, authority and jurisdiction 
 under the provisions of this act and charged with the duties defined by the provisions 
 of this act in addition to all other power, authority, jurisdiction and duties conferred 
 upon it and exercised by it as heretofore created, constituted and existing. 
 
 Employer's liability. 
 
 ^6. (a) Liability for the compensation provided by this act, in lieu of any other 
 liability whatsoever to any person, shall, without regard to negligence, exist against 
 an employer for any injury sustained by his employees arising out of and in the course 
 of the employment and for the death of any such employee if the injury shall proxi-
 
 1547 MASTER AXD SERVANT. Act 27S1, §§ 7, 8 
 
 mately cause death, in those cases where the following conditions of compensation 
 concur : 
 
 (1) Where, at the time of the injury, both the employer and employee are subject to 
 the compensation provisions of this act. 
 
 (2) Where, at the time of the injury, the employee is performing service growing 
 out of and incidental to his employment and is acting within the course of his employ- 
 ment. 
 
 (3) Where the injury is proximately caused by the employment, either with or with- 
 out negligence, and is not caused by the intoxication of the injured employee, or is not 
 intentionally self-inflicted. 
 
 Misconduct of injured employee. 
 
 (4) Where the injury is caused by the serious and wilful misconduct of the injured 
 employee, the compensation otherwise recoverable by him shall be reduced one-half; 
 provided, however, that such misconduct of the employee shall not be a defense to the 
 claim of the dependents of said employee, if the injury results in death, or to the claim 
 of the employee, if the injury results in a permanent partial disability equaling or in 
 excess of seventy per cent of total; and provided, further, that such misconduct of said 
 employee shall not be a defense where his injury is caused by the failure of the 
 employer to comply with any provision of law, or any safety order of the commission, 
 with reference to the safety of places of employment; and provided, further, that in 
 case of an injury suffered by an employee under sixteen years of age, it shall be con- 
 clusively presumed that such injury was not caused by serious and wilful misconduct. 
 
 Recovery of compensation. 
 
 (b) Where such conditions of compensation exist, the right to recover such compen- 
 sation, pursuant to the provisions of this act, shall be the exclusive remedy against the 
 employer for the injury or death ; provided, that where the employee is injured by rea- 
 son of the serious and wilful misconduct of the employer, or his managing representa- 
 tive, or if the employer be a partnership, on the part of one of the partners, or if a 
 corporation, on the part of an executive or managing officer or general superintendent 
 thereof, the amount of compensation otherwise recoverable for injury or death, as 
 hereinafter provided, shall be increased one-half, any of the provisions of this act as 
 to maximum payments or otherwise to the contrary notwithstanding, provided, how- 
 ever, that said increase of award shall in no event exceed two thousand five hundred 
 dollars. 
 
 (c) In all other cases where the conditions of compensation do not concur, the 
 liability of the employer shall be the same as if this act had not been passed. [Amend- 
 ment of May 22, 1919. In effect July 22, 1919. Stats. 1919, p. 912.] 
 
 "Employer." 
 
 §7. The term "employer" as used in sections six to thirty-one, inclusive, of this 
 act shall be construed to mean: The state, and each county, city and county, city, 
 school district, irrigation district, all other districts established by law and all public 
 corporations and quasi-public corporations and public agencies therein, and every 
 person, firm, voluntary association, and private corporation, including any public 
 service corporation, who has any person in service under any appointment or contract 
 of hire, or apprenticeship, express or implied, oral or written, and the legal representa- 
 tive of any deceased employer. [Amendment of May 22, 1919. In effect July 22, 1919. 
 Stats. 1919, p. 913.] 
 
 "Employee." 
 
 ^8. (a) The term "employee" as used in sections six to thirty-one, inclusive, of 
 this act shall be construed to mean: every person in the service of an employer
 
 Act 27S1 
 
 GBNGRAL LAWS. 154S 
 
 as defined by section seven hereof under any appointment or contract of hire or 
 apprenticeship., express or implied, oral or written, including aliens, and also includ- 
 ing minors, whether lawfully or unlawfully employed, and all elected and appointed 
 paid public officers, and all officers and members of boards of directors of quasi-public 
 or private cor[iorations, while rendering actual service for such corporations for 
 pay, but excluding any person whose employment is both casual and not in the 
 course of the trade, business, profession or occupation of his employer, and also exclud- 
 ing any employee engaged in household domestic service, farm, dairy, agricultural, 
 viticultural or horticultural labor, in stock or poultry raising and any person holding 
 an appointment as deputy clerk, deputy sheriff or deputy constable appointed for the 
 convenience of such appointee, who receives no compensation from the county or 
 municipal corporation or from the citizens thereof for services as such deputy; pro- 
 vided, that such last exclusion shall not deprive any person so deputized from recourse 
 against any private person employing him for injury' occurring in the course of and 
 arising out of such employment. 
 
 "Independent Contractor." Partner receiving wages. 
 
 (b) Any person rendering service for another, other than as an independent con- 
 tractor, or as expressly excluded herein, is presumed to be an employee within the 
 meaning of this act. The term "independent contractor" shall be taken to mean, for 
 the purposes of this act : any person who renders service, other than manual labor, for 
 a specified recompense for a specified result, under the control of his principal as to 
 the result of his work only and not as to the means by which such result is accom- 
 plished. A working member of a partnership receiving wages irrespective of profits 
 from such partnership shall be deemed an emplo3'ee within the meaning of this section. 
 
 "Casual." 
 
 (c) The term "casual" as used in this section shall be taken to refer only to employ- 
 ments where the work contemplated is to be completed in not exceeding ten working 
 ■lays, witho\;t regard to the number of men employed, and where the total labor cost 
 of such work is less than one hundred dollars. The phrase ''course of the trade, busi- 
 ness, profession or occupation of his employer" shall be taken to include all services 
 tendin"- toward the preservation, maintenance or operation of the business, business 
 premises or business property of the employer. The words * * trade, business, profession 
 or occupation of his employer" shall be taken to include any undertaking actually 
 engaged in by him with some degree of regularity, the trade name, articles of incoi-po- 
 lation or principal business of the employer to the contrary notwithstanding. 
 
 Watchmen. 
 
 (d) Watchmen for nonindustrial establishments, paid by subscription by several 
 persons, shall not be held to be employees within the meaning of this act. In other 
 cases where watchmen, paid by subscription by several persons, have at the time of 
 the injury sustained by them taken out and maintained in full force and effect insur- 
 ance upon themselves as self-employing persons conferring benefits equal to those 
 eonfeiTed by this act, the employer shall not be liable under this act. 
 
 Employees of state, etc. 
 
 (e) It shall not be a defense to the state, or any political subdivision or institution 
 thereof, or public or quasi-public corporation, that a person injured while rendering 
 service for it was not lawfully employed by reason of the violation of any civil service 
 or other law, I'ule, or regulation respecting the hiring of eniijloyees. 
 
 I
 
 1549 MASTER AND SERVANT. Act 2781, § 9 
 
 Workmen under partnership agreement. 
 
 (f) Workmen associating themselves under a partnership agreement, the principal 
 purpose of which is the performance of the labor on a particular piece of work, shall 
 be deemed employees of the person having such work executed, and, in the event the 
 average weekly earnings are not otherwise ascertainable, shall be deemed to be em- 
 ployed at an average weekly wage of twelve dollars; provided, however, that if such 
 workmen shall have taken out and maintained in full force and effect insurance, in an 
 insurance carrier as defined in this act, insuring to themselves and all persons employed 
 bj' them benefits identical with those conferred by this act, the person for whom such 
 work is to be done sball not be liable as an employer under this act. 
 
 $ 9. Where liability for compensation under this act exists, such compensation shall 
 be furnished or paid by the employer and be as provided in the following schedule: 
 
 Change of physicians. Employer maintaining hospital staff. 
 
 (a) Such medical, surgical and hospital treatment, including nursing, medicines, 
 medical and surgical supjilies, crutches and apparatus, including artificial members, as 
 may reasonably be required to cure and relieve from the effects of the injury, the same 
 to be provided by the employer, and in case of his neglect or refusal seasonably to do so, 
 the emploj^er to be liable for the reasonable expense incurred by or on behalf of the 
 employee in providing the same; provided, that if the employee so requests, the 
 employer shall tender him one change of physicians and shall nominate at least 
 three additional practicing physicians competent to treat the particular case, or 
 as many as may be available if three can not reasonably be named, from whom 
 the employee may choose; the employee shall also be entitled, in any serious 
 case, upon request, to the services of a consulting phj'sician to be provided by 
 the employer; all of said treatment to be at the expense of the employer. If the 
 employee so requests, the employer must procure certification by the commission or a 
 commissioner of the competency for the i^articular case of the consulting or additional 
 physicians; provided, further, that the foregoing provisions regarding a change of 
 physicians shall not apply to those cases where the employer maintains, for his own 
 employees, a hospital and hospital staff, the adequacy and competency of which have 
 been approved by the commission. Nothing contained in this section shall be con- 
 strued to limit the right of the employee to provide, in any ease, at his own exi^ense, a 
 consulting physician or any attending physicians whom he may desire. Controversies 
 between employer and employee, arising under this section, shall be determined by the 
 commission, upon the request of either party. 
 
 Time of disability pajmients. 
 
 (b) If the injurj' causes temporary disability, a disability payment which shall be 
 payable for one week in advance as wages on the eighth day after the injured employee 
 leaves work as a result of the injury. If the injury causes permanent disability, a dis- 
 ability payment which shall be paj'able for one week in advance as wages on the eighth 
 day after the injury. Such indemnity shall thereafter be payable on the employer's 
 regular pay day, but not less frequently than twice in each calendar month, unless 
 otherwise ordered by the commission, subject, however, to the following limitations: 
 
 Disability less than 7 days. 
 
 (1) If the period of disability does not last longer than seven days from the day the 
 employee leaves work as the result of the injury, no disability payment whatever shall 
 be recoverable.
 
 Act 2781 GENERAL LAWS. lo5« 
 
 Disability more than 7 days. 
 
 (2) If the period of disability lasts longer than seven days from the day the employee 
 leaves work as the result of the injury, no disability payment shall be recoverable for 
 the fiist seven days of disability suffered. 
 
 Amount of disability payments. 
 
 2. The disability payment shall be as follows: 
 
 (1) If the injury causes temporary total disability, sixty-five per cent of the average 
 weekly earnings during the period of such disability, consideration being given to the 
 ability of the injured employee to compete in an open labor market; 
 
 (2) If the injury causes temporary partial disability, sixty-five per cent of the 
 weekly loss in wages during the period of such disability ; 
 
 (3) If the temporai-y disability caused by the injury is at times total and at times 
 partial the weekly disability payment during the period of each such total or partial 
 disability shall be in accordance with paragraphs one and two of this subdivision 
 respectively ; 
 
 Aggregate disability payments. 
 
 (4) Paragraphs one, two, and three of this subdivision shall be limited as follows: 
 Aggregate disability payments for a single injury causing temporary disability shall 
 not exceed three times the average annual earnings of the employee, nor shall the 
 aggregate disability period for such temporary disability in any event extend beyond 
 two hundred forty weeks from the date of the injury. 
 
 Computation of payments when disability permanent. 
 
 (5) If the injury causes permanent disability, the percentage of disability to total 
 disability shall be determined and the disability payment computed and allowed as 
 follows: For a one per cent disability, sixty-five per cent of the average weekly earn- 
 ings for a period of four weeks; for a ten per cent disability, sixty-five per cent of the 
 average weekly earnings for a period of forty weeks; for a twenty per cent disability, 
 sixty-five per cent of the average weekly earnings for a period of eighty weeks; for a 
 thirty per cent disability, sixty-five per cent of the average weekly earnings for a period 
 of one hundred twenty weeks; for a forty per cent disability, sixty-five per cent of the 
 average weekly earnings for a period of one hundred sixty weeks; for a fifty per cent 
 disability, sixty-five per cent of the average weekly earnings for a period of two hun- 
 dred weeks; for a sixty per cent disability, sixty-five per cent of the average weekl\ 
 earnings for a period of two hundred forty weeks; for a seventy per cent disability, 
 sixty-five per cent of the average weekly earnings for a period of two hundred forty 
 weeks, and thereafter ten per cent of such weekly earnings during the remainder of 
 life; for an eighty per cent disability, sixty-five per cent of the average weekly earnings 
 for a period of two hundred forty weeks and thereafter twenty per cent of such weekly 
 earnings during the remainder of life; for a ninety per cent disability, sixty-five per 
 cent of the average weekly earnings for a period of two hundred forty weeks and there- 
 after thirty per cent of such weekly earnings during the remainder of life; for a 
 hundred per cent disability, sixty-five per cent of the average weekly earnings for a 
 period of two hundred forty weeks and thereafter forty per cent of such weekly earn- 
 ings during the remainder of life. 
 
 (6) The payment for permanent disabilities intermediate to those fixed by the fore- 
 going schedule shall be computed and allowed as follows: If under seventy per cent, 
 sixty-five per cent of the average weekly earnings for four weeks for each one per 
 cent of disability ; if seventy per cent or over, sixty-five per cent of the average weekly 
 earnings for two hundred forty weeks and thereafter one per cent of such weekly earn-
 
 1531 MASTER AND SERVANT. Act 2781 
 
 ings for each one per cent of disability in excess of sixty per cent to be paid during the 
 remainder of life. 
 
 (7) In determining the percentages of permanent disability, account shall be taken 
 of the nature of the physical injury or disfigurement, the occupation of the injured 
 employee, and his age at the time of such injury, consideration being given to the 
 diminished ability of such injured employee to compete in an open labor market. 
 
 Only one payment. 
 
 (8) Where an injury causes both temporary and permanent disability, the injured 
 employee shall not be entitled to both a temporary and permanent disability payment, 
 but only to the greater of the two. 
 
 Permanent disabilities presumed to be total. 
 
 (9) The following permanent disabilities shall be conclusively presiuned to be total 
 in character: Loss of both eyes or the sight thereof; loss of both hands or the use 
 thereof; an injury resulting in a practically total paralysis; an injury to the brain 
 resulting in incurable imbecility or insanity. In all other cases, permanent total dis- 
 ability shall be determined in accordance with the fact. 
 
 (10) The percentage of permanent disability caused by any injury shall be so com- 
 puted as to cover the permanent disability caused by that particular injury without 
 reference to any injury previously suffered or any permanent disability caused thereby. 
 
 Schedule for determination of permanent disabilities. 
 
 (11) The commission may prepare, adopt, and from time to time amend, a schedule 
 for the determination of the percentages of permanent disabilities, such table to be 
 based upon the proper combinations of the factors indicated in subdivision seven above. 
 Such schedule shall be available for public inspection and without formal introduction 
 in evidence shall be prima facie evidence of the percentage of permanent disability to 
 be attributed to each injury covered by said schedule. 
 
 3. The death of an injured employee shall not affect the liability of the employer 
 under subsections (a) and (b) of this section, so far as such liability has accrued and 
 become payable at the date of the death, and any accrued and unpaid compensation 
 shall be paid to the dependents, if any, or, if there are no dependents, to the personal 
 representative of the deceased employee or heirs or other persons entitled thereto, 
 without administration, but such death shall be deemed to be the termination of the 
 disability. 
 
 Death benefits. 
 
 (c) If the injury causes death, either with or without disability, the burial expense 
 of the deceased employee as hereinafter limited and a death benefit which shall be pay- 
 able in installments equal to sixty-five per cent of the average weekly earnings of the 
 deceased employee, upon the employer's regular pay day, but not less frequently than 
 twice in each calendar month, unless otherwise ordered by the commission, which 
 death benefit shall be as follows: 
 
 If deceased employee leaves dependents. 
 
 (1) In case the deceased employee leaves a person or persons wholly dependent 
 upon him for support, such dependents shall be allowed the reasonable expense of his 
 burial, not exceeding one hundred dollars, and a death benefit, which shall be a sum 
 sufficient, when added to the disability indemnity which at the time of death has 
 accrued and become payable, under the provisions of subsection (b) hereof, and the 
 said burial expense, to make the total disability indemnity, cost of burial and death 
 benefit equal to three times his average annual earnings, such average annual earnings
 
 Act 2781, §§ 10, 11 GENERAL LAWS. 1552 
 
 to be taken at not less than three hundred thirty-three dollars, and thirty-three cents 
 nor more than one thousand six hundred sixty-six dollars and sixty-six cents. 
 
 If employee leaves persons partially dependent. 
 
 (2) In case the deceased employee leaves no person wholly dependent upon him for 
 support, but one or more persons partially dependent therefor, the said dependents shall 
 be allowed the reasonable expense of his burial, not to exceed one hundred dollars, and, 
 in addition thereto, a death benefit which shall amount to three times the annual amount 
 devoted by the deceased to the support of the person or persons so partially dependent; 
 provided, that the death benefit shall not be greater than a sum sufficient, when added 
 to the disability indemnity which, at the time of the death, has accrued and become 
 payable under the provisions of subsection (b) hereof, together with the cost of the 
 burial of such deceased employee, to make the total disability indemnity, cost of burial 
 and death benefit equal to three times his average annual earnings, such average annual 
 earnings to be taken at not less than three hundred thirty-three dollars and thirty- 
 three cents nor more than one thousand six hundred sixty-six dollars and sixty-six cents. 
 
 If no dependents. 
 
 (3) If the deceased employee leaves no person dependent upon him for support, the 
 death benefit shall consist of the reasonable expense of his burial, not exceeding one 
 hundred dollars and such other benefit as may be provided by law. 
 
 (d) Payment of compensation in accordance with the order and direction of the 
 commission shall discharge the employer from all claims therefor. [Amendment of 
 May 22, 1919. In effect July 22, 1919. Stats. 1919, pp. 913-917.] 
 
 Inspection of hospital facilities. Reports of receipts, etc. Facilities declared inade- 
 quate. 
 
 ^ 10. The commission shall have power to inspect and determine the adequacy of 
 hospitals and hospital facilities supplied by employers or by mutual associations of 
 employees, with or without the concurrence of the employer, for the treatment of 
 injuries coming within the provisions of this act. No part of any contribution paid 
 by employees or deducted from their wages for the maintenance of such hospital facili- 
 ties sbal] be devoted to the payment of any portion of the cost of providing compensa- 
 tion prescribed by this act. Nothing contained in this section shall be taken to prevent 
 any hospital association or medical department furnishing the treatment prescribed 
 in this act free of charge to employees. Every such hospital shall make to the com- 
 mission from time to time, upon demand, but not less frequently than once a year, 
 reports of receipts, disbursements and services rendered to or for employees. If in the 
 judgment of the commission the services or equipment of any hospital are inadequate 
 to meet the reasonable requirements of medical treatment contemplated in section nine 
 (a) of this act, the commission may, after notice and an opportunity to be heard, 
 declare such facilities to be inadequate and thereafter injured employees of such em- 
 ployer may procure treatment elsewhere, and the reasonable cost thereof shall be a 
 charge against such employer under said section nine (a). Any finding of the commis- 
 sion, after such notice, determining the fact of such inadequacy, shall be conclusive 
 evidence in any proceeding for compensation of the fact of such inadequacy during the 
 pei'iod covered by such finding. Such finding of inadequacy may be amended, modified 
 or rescinded by the commission at any time upon good cause appearing therefor. 
 
 Right to institute proceedings barred when. Periods within which proceedings for 
 collection may be commenced. 
 
 $ 11. (a) Unless compensation is paid or an agreement for its payment made within 
 the time limited in this section for the inslitution of proceedings for its collection, the 
 right to institute such proceedings shall bo barred; provided, that the filing of an appli-
 
 1553 MASTER AND SERVANT. Act 27S1 
 
 cation with the commission for any portion of the benefits prescribed by this act shall 
 render this section inoperative as to all further claims of any person or persons for 
 compensation arising from the same transaction, and the right to present such further 
 claims shall be governed by the provisions of section twenty (d) and section sixty-five 
 (b) of this act. 
 
 (b) The periods within which proceedings for the collection of compensation may 
 be commenced are as follows: 
 
 (1) Proceedings for the collection of the benefit provided by subsection (a) of sec- 
 tion nine or for the collection of the disability payment provided by subsection (b) of 
 said section nine must be commenced within six months from the date of the injury, 
 except as otherwise provided in this act. 
 
 (2) Proceedings for the collection of the death benefit provided by subsection (c) 
 of said section nine must be commenced within one year from the date of death, and 
 in any event within two hundred fortj' weeks from the date of the injury, and can 
 only be maintained when it appears that death ensued within one year from the date 
 of the injury, or that the injury causing death also caused disability which continued 
 to the date of the death and for which a disability payment was made, or an agreement 
 for its payment made, or proceedings for its collection commenced within the time 
 limited for the commencement of proceedings for the recovery of the disability pay- 
 ment. 
 
 (e) The payment of compensation, or any part thereof, or agreement therefor, shall 
 have the effect of extending the period within which proceedings for its collection may 
 be commenced, six months from the date of the agreement or last payment of such 
 compensation, or any part thereof, or the expiration of the period covered by any such 
 payment; provided, however, that nothing contained in this section shall be construed 
 to bar the right of any injured employee to institute proceedings for the collection of 
 compensation within two hundred forty-five weeks after the date of the injury upon 
 the grounds that the original injury has caused new and further disability; and the 
 jurisdiction of the commission, in such cases, shall be a continuing jurisdiction at all 
 times with such period; provided, further, that the provisions of this section shall not 
 apply to an employee who is totally disabled and bedridden as a result of his injury, 
 during the continuance of such condition or until the expiration of six months there- 
 after. 
 
 Guardian for minor or incompetent. 
 
 (d) If an injured employee, or in the case of his death, one or more of his dependents, 
 shall be under twenty-one years of age or incompetent at any time when any right or 
 privilege accrues to such person under the provisions of this act, a general guardian, 
 appointed by the court, or a guardian ad litem or trustee appointed by the commission 
 or a commissioner may, on behalf of any such person, claim and exercise any such 
 right or privilege with the same force and effect as if no such disability existed; and 
 no limitation of time provided by this act shall run against any such person under 
 twenty-one years of age or incompetent unless and until such guardian or trustee is 
 appointed. The commission shall have power to determine the fact of the minority or 
 incompetency of any injured employee and may appoint a trustee to receive and dis- 
 burse compensation payments for the benefit of such minor or incompetent and his 
 family. 
 
 Refusal to submit to medical treatment. 
 
 (e) No compensation shall be payable in case of the death or disability of an 
 employee if his death is caused, or if and so far as his disability is caused, continued, 
 or aggravated, by an unreasonable refusal to submit to medical treatment, or to any 
 
 Gen. Laws— 98
 
 Act 2781, e 12 GENERAL LAWS. 1554 
 
 surgical treatment, the risk of which is, in the opinion of the commission, based upon 
 expert medical or surgical advice, inconsiderable in view of the seriousness of the 
 injur}'. 
 
 Previous disability does not affect later disability. 
 
 (f ) Tlie fact that an employee has suffered a previous disability, or receives com- 
 pensation therefor, shall not preclude him from compensation for a later injury, or his 
 dependents from compensation for death resulting therefrom, but in determining com- 
 pensation for the later injui-y, or death resulting therefrom, his average annual earn- 
 ings shall be fixed at such sum as will reasonably represent his annual earning capacity 
 at the time of the later injury. 
 
 Pasrments not due employee. 
 
 (g) Any payment, allowance or benefit received by the injured employee during the 
 period of his incapacity, or by his dependents in the event of his death, which by the 
 terms of this act was not then due and payable or when there is any dispute or question 
 concerning the right to compensation, shall not, in the absence of any agreement, be 
 construed to be an admission of liability for compensation on the part of the employer, 
 or the acceptance thereof as a waiver of any right or claim which the employee or his 
 dependents may have against the employer, but any such payment, allowance or benefit 
 may be taken into account by the commission in fixing the amount of the compensation 
 to be paid. 
 
 Affirmative defense. 
 
 (h) The running of the period of limitations prescribed by this section is an aflBrma- 
 tive defense and operates to bar the remedy and not to extinguish the right of the 
 employee. It may be waived, and failure to present such defense prior to the submis- 
 sion of the cause for decision shall be a sufficient waiver. 
 
 Average annual earnings. 
 
 § 12. (a) The average annual earnings referred to in section nine hereof shall be 
 fifty-two times the average weekly earnings referred to in said section; in computing 
 such earnings the average weekly earnings shall be taken at not less than six dollars 
 and forty-one cents nor more than thirty-two dollars and five cents, and three times the 
 average annual earnings shall be taken at not less than one thousand dollars nor more 
 than five thousand dollars, and between said limits said average weekly earnings shall 
 be arrived at as follows : 
 
 Average weekly earnings. 
 
 (1) If the injured employee has worked in the same employment, whether for the 
 same employer or not, during at least two hundred sixty days of the year preceding his 
 injurj', his average weekly earnings shall consist of ninety-five per cent of six times 
 the daily earnings at the time of such injury where the employment is for six full work- 
 ing days a week. Where his employment is for five, five and one-half, six and one-half 
 or seven working days a week, the average weekly earnings shall be ninety-five per cent 
 of five, five and one-half, six and one-half or seven times the daily earnings at the time 
 of the injury, as the case may be. 
 
 (2) If the injured employee has not so worked in such employment during at least 
 two hundred sixty days of such preceding year, his average weekly earnings shall be 
 based upon the daily earnings, wage or salary of an employee of the same class work- 
 ing at least two hundred sixty days of such preceding year in the same or a similar 
 kind of employment in the same or a neighboring place, computed in accordance with 
 the provisions of the preceding subdivision.
 
 1555 MASTER AND SERVANT. Act 2781, Ȥ 13, 14 
 
 (3) If the earnings be irregular or specified to be by the week, month, or other period, 
 then the average weekly earnings mentioned in subdivisions (1) and (2) above shall be 
 ninety-five per cent of the average earnings during such period of time, not exceeding 
 one year, as may conveniently be taken to determine an average weekly rate of pay. 
 
 When less than 5 days, or seasonal. 
 
 (4) Where the employment is for less than five days per week or is seasonal or where 
 for any reason the foregoing methods of arriving at the average weekly earnings of the 
 injured employee can not reasonably and fairly be applied, such average weekly earn- 
 ings shall be taken at ninety-five per cent of such sum as shall reasonably represent the 
 average weekly earning capacity of the injured employee at the time of his injury, due 
 consideration being given to his actual earnings from all sources and employments 
 during the year preceding his injury; provided, that the earnings from other occupa- 
 tions shall not be allowed in excess of the rate of wages paid at the time of the injury. 
 
 Overtime, hoard, etc. 
 
 (b) In determining such average weekly earnings, there shall be included overtime 
 and the market value of board, lodging, fuel, and other advantages received by the 
 injured employee, as part of his remuneration, which can be estimated in money, but 
 such average weekly earnings shall not include any sum which the employer may pay 
 to the injured employee to cover any special expenses entailed on him by the nature of 
 his employment. 
 
 If injured employee is under 21. 
 
 (c) If the injured employee is under twenty-one years of age, and his incapacity is 
 permanent, his average weekly earnings shall be deemed, within the limits fixed, to be 
 the weekly sum that under ordinary circumstances he would probably be able to earn 
 after attaining the age of twenty-one years, in the occupation in which he was em- 
 ployed at the time of the injury or in any occupation to which he would reasonably 
 have been promoted if he had not been injured, and if such probable earnings after 
 attaining the age of twenty-one years can not reasonably be determined, such average 
 weekly earnings shall be based upon three dollars a day for a six-day week. 
 
 Weekly loss in wages in case of temporary partial disability. 
 
 § 13. The weekly loss in wages in case of temporary partial disability shall consist 
 of the difference between the average weekly earnings of the injured employee, com- 
 puted according to the provisions of section nine, and the weekly amount which the 
 injured employee will probably be able to earn during the disability, to be determined 
 in view of the nature and extent of the injury. In computing such probable earnings 
 due regard shall be given to the ability of the injured employee to compete in an open 
 labor market. If evidence of exact loss of earnings be lacking, such weekly loss in 
 wages may be computed from the proportionate loss of physical ability or earning 
 power caused by the injury. 
 
 Who are deemed wholly dependent. 
 
 ^ 14. (a) The following shall be conclusively presumed to be wholly dependent for 
 support upon a deceased emploj^ee; provided, that these presumptions shall not apply 
 in favor of aliens who are nonresidents of the United States at the time of the injury. 
 
 (1) A wife upon a husband with whom she was living at the time of his injury, or 
 for whose support such husband was legally liable at the time of his injury. 
 
 (2) A child or children under the age of eighteen years, or over said age, but physi- 
 cally or mentally incapacitated from earning, upon the parent with whom he or they 
 are living at the time of the injury of such parent or for whose maintenance such parent 
 was legally liable at the time of injury, there being no surviving dependent parent.
 
 Act 2781, §15 GE^NBRAL LAWS. 1556 
 
 (b) In all other cases, questions of entire or partial dependency and questions as to 
 ■ffho constitute dependents and the extent of their dependency shall be detennined in 
 accordance with the fact, as the fact may be at the time of the injury of the employee. 
 
 (e) No person shall be considered a dependent of any deceased employee unless in 
 good faith a member of the family or household of such employee, or unless such per- 
 son bears to such employee the relation of husband or wife, child, posthumous child, 
 adopted child or stepchild, father or mother, father-in-law or mother-in-law, grand- 
 father or gi-andmother, brother or sister, uncle or aunt, brother-in-law or sister-ia-law, 
 nephew or niece. 
 
 Distribution of death benefit. 
 
 (d) 1. If there is one or more persons wholly dependent for support upon a deceased 
 employee, such person or persons shall receive the entire death benefit, and any person 
 or persons partially dependent shall receive no part thereof. 
 
 2. If there is more than one such person wholly dependent for support upon a 
 deceased employee, the death benefit shall be divided equally among them. 
 
 .3. If there is more than one person partially dependent for support upon a deceased 
 employee, and no person wholly de^oendent for support, the amount allowed as a death 
 benefit shall be divided among the persons so partially dependent in proportion to the 
 relative extent of their dependency. 
 
 Commission may reassign death benefit. 
 
 (e) The commission may, anything in this act contained to the contrary notwith- 
 standing, set apart or reassign the death benefit to any one or more of the dependents 
 in accordance with their respective needs and as may be just and equitable, and may 
 order payment to a dependent subsequent in right, or not otherwise entitled, upon good 
 cause being shown therefor. Such death benefit shall be paid to such one or more of 
 the dependents of the deceased or to a trustee appointed by the commission or a com- 
 missioner for the benefit of the person or persons entitled, as may be determined by 
 the commission. The person to whom the death benefit is paid for the use of the 
 several beneficiaries shall apply the same in compliance with the findings and directions 
 of the commission. In the event of the death of a dependent beneficiary of any deceased 
 employee, if there be no surviving dependent, the death of such dependent shall ter- 
 minate the death benefit, which shall not sundve to the estate of such deceased depend- 
 ent, except that payments of such death benefit accrued and payable at the time of the 
 death of such sole remaining dependent shall be paid upon the order of the commission 
 to the heirs of such dependent, or, if none, to the heirs of the deceased employee, with- 
 out administration. [Amendment of May 22, 1919. In effect July 22, 1919. Stats. 
 1919, p. 917.] 
 
 Notice to employer. 
 
 § 15. No claim to recover compensation under this act shall be maintained unless 
 within thirty days after the occurrence of the injury which is claimed to have caused 
 the disability or death, notice in writing, stating the name and the address of the per- 
 son injured, the time and the place where the injury occurred, and the nature of the 
 injury, and signed by the person injured or some one in his behalf, or in case of his 
 death, by a dependent or some one in his behalf, shall be served upon the em^Dloyer; 
 provided, however, that knowledge of such injury, obtained from any source, on the 
 part of such employer, his managing agent, superintendent, foreman, or other person in 
 authority, or knowledge of the assertion of a claim of injury sufficient to afford oppor- 
 tunity to the employer to make an investigation into the facts, shall be equivalent to 
 such service; and provided, further, that the failure to give any such notice, or any 
 defect or inaccuracy therein, shall not be a bar to recovery under this act if it is found
 
 ISr.r MASTER AXD SERVANT. Act aXSl. g§ 16. 17 
 
 as a fact in the proceedings for the collection of the claim that there was no intention 
 to mislead or prejudice the employer in making his defense, and that he was not in fact 
 so misled or prejudiced thereby. 
 
 Medical examination of employee. 
 
 § 16. (a) Whenever the right to compensation under this act would exist in favor of 
 any employee, he shall, upon the written request of his employer, submit from time to 
 time, as may be reasonable, to examination by a practicing physician, who shall be pro- 
 vided and paid for by the employer, and shall likewise submit to examination from time 
 to time by any physician selected by the commission or any member or referee thereof. 
 
 If employee refuses to submit to examination. 
 
 (b) The request or order for such examination shall fix a time and place therefor, 
 due consideration being g^ven to the convenience of the employee and his physical con- 
 dition and ability to attend at the time and place fixed. The employee shall be entitled 
 to have a physician provided and paid for by himself present at any examination 
 required by his employer. So long as the employee, after such written request of the 
 employer, shall fail or refuse to submit to such examination or shall in any way ob- 
 struct the same, his right to begin or maintain any proceeding for the collection of 
 compensation shall be suspended; and if he shall fail or refuse to submit to examination 
 after direction by the commission, or any member or referee thereof, or shall in any 
 way obstruct the same, his right to the disability payments which shall accrue during 
 the period of such failure, refusal or obstruction, shall be barred. Any physician who 
 shall make or be present at any such examination may be required to report or testify 
 as to the results thereof. 
 
 Hearing on disputes. Service of notice. 
 
 § 17, (a) Upon the filing with the commission by any party in interest, his attorney, 
 or other representative authorized in writing, of an application in writing stating the 
 general nature of any dispute or controversy concerning compensation, or concerning 
 any right or liability arising out of, or incidental thereto, jurisdiction over which is 
 vested by this act in the commission, a time and place shall be fixed for the hearing 
 thereof, which hearing, unless otherwise agreed to by all the parties thereto, must be 
 held not less than ten days nor more than thirty days after the filing of such applica- 
 tion. The person filing such application shall be known as the applicant and the adverse 
 party shall be known as the defendant. A copy of said application, together with a 
 notice of the time and place of hearing thereof, shall forthwith be served upon all 
 adverse parties and may be served either as a summons in a civil action or in the same 
 manner as any other notice that is authorized or required to be served under the pro- 
 visions of this act. A notice of the time and place of hearing shall also be served upon 
 the applicant. 
 
 Jurisdiction of commission. 
 
 (b) The jurisdiction of the commission shall include any controversy relating to or 
 arising out of the provisions of sub-section (a) of section nine of this act, unless an 
 express agreement shall have been made between the persons or institutions rendering 
 such treatment and the employer or insurance carrier fixing the amount to be paid for 
 the services. 
 
 But one cause of action. 
 
 (c) There shall be but one cause of action for each transaction coming within the 
 provisions of this act, and all claims brought for medical expense, disability payments, 
 death benefits, burial expense, liens or any other matter arising out of such transaction 
 may, in the discretion of the commission, be joined in the same proceeding at any time.
 
 Act 2781, § 18 GENERAL LAWS. 1558 
 
 Death of employer. 
 
 (d) The death of an employer subsequent to the sustaining of an injury by an em- 
 ployee shall not impair the right of such employee to proceed before the commission 
 against the estate of such employer, and the failure of such employee or his dependents 
 to cause the claim to be presented to the executor or administrator of the estate shall 
 not in any way bar or suspend such right. [Amendment of May 22, 1919. In effect 
 July 22, 1919. ' Stats. 1919, p. 918.] 
 
 Defendant's answer. 
 
 ^ 18. (a) If any defendant desires to disclaim any interest in the subject-matter of 
 the claim in controversy, or considers that the application is in any respect inaccurate 
 or incomplete, or desires to bring any fact, paper or document to the attention of the 
 commission as a defense to the claim, or otherwise, he may, within five days after the 
 service of the application upon him, file with or mail to the commission his answer 
 setting forth the particulars in which the application is inaccurate or incomplete, and 
 the facts upon which he intends to rely. A copy of such answer must be forthwith 
 served upon all adverse parties. Evidence upon matters not pleaded by answer shall 
 be allowed only upon such terms and conditions as may be imposed by the commission 
 or commissioner or referee holding the hearing. 
 
 Application for relief. 
 
 (b) If the defendant fails to appear or answer, no default shall be taken against him, 
 but the commission shall proceed to the hearing of the matter upon such terms and 
 conditions as it may deem proper. Such defendant failing to appear or answer, or sub- 
 sequently contending that no service was made upon him, or claiming to be aggrieved 
 in any other manner by want of notice of the pendency of the proceedings, may apply 
 to the commission for relief substantially in accordance with the provisions of section 
 four hundred seventy-three of the Code of Civil Procedure, and the commission is 
 hereby authorized to afford such relief. No right to relief, including the claim that the 
 findings and award of the commission or judgment entered thereon are void upon their 
 face, shall accrue to such defendant in any court unless prior application shall have 
 been made to the commission in accordance with this subsection, and in no event shall 
 any application to any court be allowed except as prescribed in sections sixty-seven 
 and sixty-eight of this act. 
 
 Dismissal of application. 
 
 (c) If upon the filing of an application, such application shows upon its face that 
 the applicant is not entitled to compensation, the commission may, upon its own motion 
 or upon the motion of the adverse party, and after opportunity to the applicant to be 
 heard orally or in writing, and upon good cause appearing therefor, dismiss the appli- 
 cation prior to any hearing thereon. The pendency of such motion or notice of intended 
 dismissal shall not, unless otherwise ordered by the commission, delay the hearing upon 
 the application upon its merits. 
 
 Attachment of defendant's property. 
 
 (d) Upon the filing of an application by or on behalf of an injured employee or his 
 dependents or any other party in interest, the commission may, in its discretion, in the 
 cases mentioned in section four hundred twelve of the Code of Civil Procedure, direct 
 the county clerk of any county or city and county to issue writs of attachment author- 
 izing the sheriff to attach the property of the defendant in an amount not to exceed 
 the greatest probable award against him in such matter, to be fixed by the commission, 
 as security for the payment of any compensation which may thereafter be awarded, 
 The provisions of part two, title seven, chapter four, of the Code of Civil Procedure of 
 
 I
 
 ir.59 MASTER AND SERVANT. Act 2781, § 19 
 
 'his state, as far as applicable to proceedings before the commission, shall govern the 
 jnoceedings upon attachment, and the commission shall be substituted for the superior 
 court in said provisions for the purpose of this act. No writ of attachment shall be 
 issued except upon the order of the commission or a commissioner, and such order shall 
 not be made where it a])pears from the application or affidavit in support thereof that 
 the employer was, at the time of the injury to the emploj^ee, insured against liability 
 imposed by this act in any insurance carrier licensed to do business in the state of 
 Califoraia. If it should at any time after the levying of an attachment be made 
 to appear that such employer was so insured, and the requisites for dismissing said 
 employer from the proceeding and substituting the insurance carrier as defendant 
 under any of the methods prescribed under section thirty (e) of this act be established, 
 the commission must forthwith discharge the attachment. In levying such attachment, 
 preference must be given to the real property of the employer. 
 
 Testimony. 
 
 § 19. (a) No pleadings, other than the application and answer, shall be required. 
 The hearing on the application may be adjourned from time to time and from place to 
 place in the discretion of the commission or commissioner or referee holding such hear- 
 ing. Either party shall have the right to be present at any hearing, in person or by 
 attorney or by any other agent, and to present such testimony as shall be pertinent 
 under the pleadings, but the commission may, with or without notice to either party, 
 cause testimony to be taken, or inspection of the premises where the injury occurred 
 to be made, or the time-books and pay roll of the employer to be examined by any com- 
 missioner or referee appointed by the commission, and may from time to time direct 
 any employee claiming compensation to bfe examined by a regular physician; the testi- 
 mony so taken and the results of any such inspection or examination to be reported to 
 the commission for its consideration. 
 
 Stipulation of facts. 
 
 (b) The parties to a controversy may stipulate the facts relative thereto in writing 
 and file such stipulation with the commission. The commission may thereupon make 
 its findings and award based upon such stipulation, or may in its discretion set the 
 matter down for hearing and take such further testimony or make such further investi- 
 gations as may be necessary to enable it to completely determine the matter in 
 controversy. 
 
 Evidence. 
 
 (c) The commission may receive as evidence, either at or subsequent to a hearing, 
 and use as proof of any fact in dispute, the following matters, in addition to sworn 
 testimony presented in open hearing. 
 
 (1) Reports of attending or examining physicians. 
 
 (2) Reports of special investigators appointed by the commission or a commissioner 
 or referee to investigate and report upon any scientific or medical question. 
 
 (3) Reports of employers containing copies of time sheets, book accounts, reports 
 and other records, properly authenticated. 
 
 (4) Properly authenticated copies of hospital records of the case of the injured 
 employee. 
 
 (5) All publications of the commission. 
 
 (6) All official publications of state and United States governments. 
 
 (7) Excerpts from expert testimony' received by the commission upon similar issues 
 of scientific fact in other cases and the prior decisions of the commission upon such 
 issues; provided, however, that transcripts of all testimony taken without notice and
 
 Act -'7M. 8-0 
 
 GE^NE^RAL LAWS. l^^" 
 
 copies of all reports and other matters added to the record, otherwise than during the 
 coui-se of an open hearing, be served upon the jiarties to the proceeding, and oppor- 
 tunity be given to produce testimony in explanation or rebuttal before decision is 
 rendered. 
 
 Affirmative defenses. 
 
 (d) The burden of proof lies upon the party holding the affirmative of the issue. 
 The following are alhrmative defenses, and tlie burden of proof shall rest upon the 
 employer to establish them : 
 
 (1) That an injured person claiming to be an employee is an independent contractor 
 or otherwise excluded from the protection of this act, where there is proof that such 
 injured person was at the time of his injury actually performing service for the alleged 
 employer. 
 
 (2) Intoxication of an employee causing his injury. 
 
 (3) Wilful misconduct of an employee causing his injury. 
 
 (4) Aggravation of disability by unreasonable conduct of the employee. 
 
 (5) Prejudice to the employer by failure of the employee to give notice, as required 
 by section fifteen. 
 
 Autopsy. 
 
 (e) Where it is represented to the commission, either before or after the filing of an 
 application that an employee has died as a result of injuries sustained in the course of 
 his employment, the commission may require an autopsy and the report of the physician 
 performing such autopsy may be received in evidence in any proceedings theretofore or 
 thereafter brought. If at the time such autopsy is requested the body of such employee 
 be in the custody of the coroner, the coroner must, upon the request of the commission 
 or of any party interested, afford reasonable opportunity for the attendance of any 
 ])hysicians named by the commission at any autopsy ordered by him. If the coroner 
 should not require, or shall have already performed such autopsy, he shall permit an 
 autopsy or re-examination to be performed by physicians named by the commission. 
 No fee shall be charged by the coroner for any service, arrangement or permission given 
 by him. 
 
 If the body is not in the custody of the coroner, the commission shall have authority 
 to authorize the performance of sueh autopsy and the exhumation of the body for such 
 purpose if necessary. If the dependents, or a majority thereof, of any sueh deceased 
 employee, having the custody of the body of such deceased employee, shall refuse to 
 allow the performance of such autopsy, such autopsy shall not be held; but upon the 
 liearing of any stipulation for compensation it shall be a disputable presumption that 
 the injury or death was not due to causes entitling the claimants to benefits under this 
 
 MCt. 
 
 Findings and award, 
 
 ^20. (a) After final hearing by the commission, it shall, witliin thirty days, make 
 and file (1) its findings upon all facts involved in the controversy and (2) its award 
 which shall state its determination as to the rights of the parties. 
 
 (b) The commission in its award may fix and determine the total amount of compen- 
 sation to be paid and specify the manner of payment, or may fix and determine the 
 weekly disability payment to be made and order payment thereof during the contin- 
 uance of such disability. 
 
 (c) If, in any proceeding under sections six to thirty-one, inclusive, of this act, it is 
 ;)roved that an injury has been suffered for which the employer would be liable to pay 
 .compensation if disability had resulted therefrom, but it is not proved that any inca-
 
 1561 MASTER AXD SERVANT. Act 2781, g§ 21. 22 
 
 pacity had resulted, the commission may, instead of dismissing the application, award 
 a nominal disability indemnity, if it appears that disability is likely to result at a 
 future time. 
 
 Amending orders, etc. 
 
 (d) The commission shall have continuing jurisdiction over all its orders, decisions 
 and awards made and entered under the provisions of sections six to thirty-one, inclu- 
 sive, of this act and may at any time, upon notice, and after opportunity to be heard 
 is given to the parties in interest, rescind, alter or amend any such order, decision or 
 award made by it upon good cause a^Dpearing therefor, such power including the right 
 to review, grant or regrant, diminish, increase or terminate, within the limits pre- 
 scribed by this act, any compensation awarded, upon the grounds that the disability of 
 the person in whose favor such award was made has either recurred, increased, dimin- 
 ished or terminated; provided, that no award of compensation shall be rescinded, 
 altei'ed or amended aft;er two hundred forty-five weeks from the date of the injury. 
 Any order, decision or award rescinding, altering or amending a prior order, decision 
 or award shall have the same effect as is herein provided for original orders, decisions 
 or awards. 
 
 Findings filed in superior court. 
 
 § 21. (a) Any party affected thereby may file a certified copy of the findings and 
 award of the commission with the clerk of the superior court of any county, or city 
 and county, and judgment must be entered by the clerk in conformity therewith imme- 
 diately upon the filing of such findings and award. 
 
 Judgment roll. 
 
 (b) The certified copy of the findings and award of the commission and a cojjy of 
 the judgment shall constitute the judgment roll. The pleadings, all orders of the com- 
 mission, its original findings and award, and all other papers and documents filed in the 
 cause shall remain on file in the office of the commission. 
 
 Stay of execution. 
 
 (c) The commission, or any member thereof, may stay the execution of any judg- 
 ment entered upon an award of the commission, upon good cause appearing therefor 
 and upon such terms and conditions as may be imposed. A certified copy of such order 
 shall be filed with the clerk entering judgment. Where it is deemed desirable to stay 
 the enforcement of an award and a certified copy of said findings and award has not 
 been issued by the commission, the commission, or any member thereof, may order such 
 certified copy to be withheld with the same force and under the same conditions as it 
 might issue a stay of execution if said certified copy had been issued and judgment 
 entered thereon. 
 
 Entry of satisfaction. 
 
 (d) When a judgment is satisfied in fact, otherwise than upon an execution, the 
 commission may, upon motion of either party or of its own motion, order the entry of 
 satisfaction of the judgment to be made, and upon filing a certified copy of' such order 
 with the said clerk, he shall thereupon enter such satisfaction, and not otherwise. 
 
 Review of findings, etc. 
 
 § 22. The orders, findings, decisions or awards of the commission made and entered 
 under sections six to thirty-one, inclusive, of this act may be reviewed by the courts 
 specified in sections sixty-seven and sixty-eight hereof and within the time and in the 
 manner therein specified and not otherwise.
 
 Act 2781. §§23. 24 GENERAL LAWS. 15C3 
 
 Fees. Costs. 
 
 § 23. No fees shall be charged by the clerk of any court for the performance of any 
 oflieial service required by this act, except for the docketing of awards as judgments 
 and for certified copies of transcripts thereof. In all proceedings under this act before 
 the commission, costs as between the parties shall be allowed or not in the discretion of 
 the commission and the commission may, in its discretion, where payments of com- 
 pensation have been unreasonably delayed, allow the beneficiary thereof interest 
 thereon, at not to exceed one and one-half per cent per month, during such period of 
 delay. 
 
 Claim not assignable. 
 
 ^ 24. (a) No claim for compensation shall be assignable before payment, but this 
 jirovision shall hot affect the survival thereof, nor shall any claim for compensation, or 
 compensation awarded, adjudged or paid, be subject to be taken for the debts of the 
 party entitled to such compensation, except as hereinafter provided. No compensation, 
 whether awarded or voluntarily paid, shall be paid to any attorney at law or in fact 
 or other agent, but shall be paid directly to the claimant entitled to the same, unless 
 otherwise ordered by the commission. Any payment made to such attorney at law or 
 in fact or other agent in violation of the provisions of this section shall not be credited 
 to the employer. 
 
 Lien against amount due as compensation. 
 
 (b) The commission may fix and determine and allow as a lien against any amount to 
 be paid as compensation: 
 
 (1) A reasonable attorney's fee for legal services pertaining to any claim for com- 
 pensation or application filed therefor and the reasonable disbursements in connection 
 therewith. 
 
 (2) The reasonable expense incurred by or on behalf of the injured employee, as 
 defined in subsection (a) of section nine hereof. 
 
 (3) The reasonable value of the living expenses of an injured employee or of his 
 dependents, subsequent to the injury. 
 
 (4) The reasonable burial expenses of the deceased employee, not to exceed the sum 
 of one hundred dollars. 
 
 (5) The reasonable living expenses of the wife or minor children of the injured 
 employee, or both, subsequent to the date of the injury, where such employee has 
 deserted or is neglecting his family, to be allowed in such proportion as the commission 
 shall deem proper, upon application of the wife or guardian of the minor children. 
 
 Notice of claim. Award by commission. 
 
 (c) If notice in writing be given to the employer setting forth the nature and extent 
 of any claim that may be allowed as a lien, the said claim shall be a lien against any 
 amount thereafter to be paid as compensation, subject to the determination of the 
 amount and approval thereof by the commission. The commission may, in its discretion, 
 order the amount of such claims as fixed and allowed by it paid directly to the person 
 entitled, either in a lump sum or in installments. Where it appears in any proceeding 
 pending before the commission that a lien should be allowed if the same had been duly 
 requested by the party entitled thereto, the commission may, in its discretion, and with- 
 out any request for such lien having been made, order the payment of such claim to be 
 made directly to the person entitled, in the same manner and with the same effect as 
 though such lien had been regularly requested, and the award to such person shall con- 
 stitute a lien against unpaid compensation due at the time of service of said award. 
 
 i
 
 1563 MASTER AXD SERVxVNT. Act 3781, § 25 
 
 Excessive claim for legal services. 
 
 (d) No claim or agreement for the legal services or disbursements mentioned in para- 
 graph (1) of subsection (b) hereof, or for the expense mentioned in paragraph (2) of 
 said subsection (b), in excess of a reasonable amount, shall be valid or binding in any 
 respect, and it shall be competent for the commission to determine what constitutes 
 such reasonable amount. 
 
 Preference of claim for compensation. 
 
 (e) A claim for compensation for the injury or death of any employee, or any award 
 of judgment entered therein, shall have preference over all other unsecured debts of 
 the employer or insurance carrier. [Amendment of May 22, 1919. In effect July 22, 
 1919. Stats. 1919, p. 919.] 
 
 Liability of principal employers and contractors. 
 
 § 25. The liability of principal employers and contracting employers, general or 
 intermediate, for compensation under this act, when other than the immediate employer 
 of the injured employee, shall be as follows: 
 
 (a) When any such employer undertakes to do, or contracts with another to do, or 
 to have done, any work, either directly or through contractors or subcontractors, then 
 such principal employer or contracting employer shall be liable to pay to any employee 
 injured while engaged in the execution of such work, or to his dependents in the event 
 of his death, or to any other person, any compensation which the immediate employer 
 is liable to pay, and the commission shall have jurisdiction to determine all controversies 
 arising under this section. 
 
 (b) The person entitled to such compensation shall have the right to recover the same 
 directly from his immediate employer, and in addition thereto the right to enforce in 
 his own name, in the manner provided by this act, the liability for compensation im- 
 posed upon other persons by this section, either by making such other persons parties 
 to the original application or by filing a separate application; provided, however, that 
 payment in whole or in part of sucli compensation by either the immediate employer or 
 other person shall, to the extent of such payment, be a bar to recovery against the other. 
 
 (c) When any person, other than the immediate employer, shall have paid any com- 
 pensation for wliich he would not have been liable independently of this section, he 
 shall, unless he caused the injury, be entitled to recover the full amount so paid from 
 the person primarily liable therefor, and jurisdiction to determine his claim shall be 
 vested in the commission; provided, that such right of reimbursement against the per- 
 son primarily liable for compensation shall not exist in favor of any insurance carrier 
 insuring such other persons upon whom liability is imposed by this section, in any case 
 where the immediate employer shall have joined with any of such other persons in 
 taking out such policy of insurance or shall have contributed to the payment of the 
 premium for such insurance, with the intent of securing joint protection thereby, any- 
 thing in the policy to the contrary notwithstanding. 
 
 Limitations on liability. 
 
 (d) The liability imposed by this section shall be subject to the following limitations: 
 
 (1) Such liability shall exist only in cases where the injviry occurred on or in or 
 about the premises on which the principal emplo3'er or contracting employer, whether 
 general or intennediate, has undertaken to execute or to have executed any work, or 
 when such premises or work are otherwise under his control or management, 
 
 (2) Such liability shall not exist in the event that the immediate employer, or other 
 person primarily liable for the compensation shall, previous to the suffering of such 
 injury, have taken out, and maintained in full force and effect, compensation insurance 
 with any insurance carrier, covering his full liability for compensation.
 
 Act ::7S I. 88 20.27 GENERAL. LAWS. ir.G4 
 
 (3) The commission may, in its discretion, order that execution against such prin- 
 cipal employer or contracting employer be stayed until execution against the immediate 
 employer shall be returned unsatisfied. 
 
 (e) The findings and award of this commission entered against the immediate em- 
 ployer shall be conclusive for or against all persons upon whom liability is imposed by 
 this section as to tlie fact and extent of liabilitj' of such immediate employer. 
 
 "Employee." Suits for damages from person other than employer. If employee 
 
 joins in suit. 
 
 ^ 26. The term "employee," as used in this section shall include the person injured 
 and any other person in whom a claim may arise by reason of the injury or death of 
 such injured person. The death of the employee, or of any other person, shall not abate 
 any right of action established by this section. The claim of an employee for compen- 
 sation shall not affect his right of action for damages arising out of injury or death 
 against any person other than the employer; and any employer having paid, or having 
 become obligated to paj', compensation, may likewise bring an action against such other 
 person to recover said damages. If either such emjiloyee or such employer shall bring 
 such action against such third person, he shall forthwith notify the other in writing, by 
 personal service or registered mail, of such fact and of the name of the court in which 
 such suit is brought, filing proof thereof in such action, and, if the action be brought 
 by either, the other may, at any time before trial on the facts, join as party plaintiff 
 or must consolidate his action, if brought independently. If the suit be prosecuted by 
 the employer alone evidence of any expenditures which the employer has paid or become 
 obligated to pay by reason of said injury or death shall be admissible, and such expend- 
 itures shall be deemed a part of the damages, including a reasonable attorney's fee to 
 be fixed by the court; and if in such suit the employer shall recover more than the 
 amount he has paid or become obligated to pay as compensation he shall pay the excess 
 to the injured employee or other person entitled. If the employee joins in or prose- 
 cutes such suit, evidence of the amount of disability indemnity or death benefit paid by 
 the employer shall not be admissible, but proof of all other expenditures on account of 
 said injury or death shall be admissible and shall be deemed part of the damages. The 
 court shall, on application, allow as a first lien against any judgment recovered by the 
 employee the amount of the employer's expenditures for compensation. When any 
 injury or death shall have been suffered by an employee, no release or settlement of 
 any claim for damages by reason of such injury or death and no satisfaction of judg- 
 ment in such proceedings, shall be valid without the written consent of either both 
 employer and employee, or one of them, together with the consent of the eonrnission 
 or the court in which any such action may be pending. [Amendment of May 22, 1919. 
 In effect July 22, 1919. Stats. 1919, p. 920.] 
 
 Right to compromise. 
 
 ^ 27, (a) No contract, rule or regulation shall exempt the employer from liability 
 for the compensation fixed by this act, but nothing in this act contained shall be con- 
 strued as impairing the right of the parties interested to compromise, subject to the 
 provisions herein contained, any liability which may be claimed to exist under this act 
 on account of such injury or death, or as conferring upon the dependents of any 
 injured employee any interest which such employee may not divert by such compromise 
 or for which he, or his estate, shall, in the event of such compromise by him, be account- 
 able to such dependents or any of them. 
 
 Valid release or compromise agreement. 
 
 (b) Tlie compensation herein provided shall be the measure of the responsibility 
 vrhich the emjiloyer has assumed for injuries or death that may occur to employees in
 
 1565 MASTER VXD SERVANT. Act 2781, § 28 
 
 his employment when subject to the provisions of this act, and no release of liability 
 or compromise agreement shall be valid unless it provide for the payment of full com- 
 pensation in accordance with the provisions of this act or unless it shall be approved by 
 the commission. 
 
 Award based on release or compromise agreement. 
 
 (c) A copy of such release or compromise agreement signed by both parties shall 
 forthwith be filed with the commission. When such release or compromise agreement 
 is filed with the commission and approved by it, the commission may of its own motion, 
 or on the application of either party, without notice, enter its award based upon such 
 release or compromise agreement. 
 
 Contents of release or compromise agreement. 
 
 (d) Everj^ such release or compromise agreement shall be in writing, duly executed 
 and attested by two disinterested witnesses, and shall specify the date of the accident, 
 the average weekly wages of the employee, determined according to section twelve 
 hereof, the nature of the disability, whether total or partial, permanent or temporary, 
 the amount paid or due and unpaid to the employee up to the date of the release or 
 agreement or death, as the case ma}' be, and, if any, the amount of the payment or 
 benefits then or thereafter to be made, and the length of time that such payment is to 
 continue. In case of death there shall also be stated in such release or compromise 
 agreement the date of death, the name of the widow, if any, the names and ages of all 
 children, if any, and the names of all other dependents, if any, and whether such 
 dependents be total or partial, and the amount paid or to be paid as a death benefit and 
 to whom such payment is to be made. 
 
 Compensation payable in lump sum. 
 
 § 28. (a) At the time of making its award, or at any time thereafter, the commission 
 on its own motion, either with or without notice, or upon application of either party 
 with due notice to the other, may, in its discretion, commute the compensation payable 
 under this act to a lump sum, if it appears that such commutation is necessai-y for the 
 protection of the person entitled thereto, or for the best interest of either party, or 
 that it will avoid undue expense or hardship to either party, or that the employer has 
 sold or otherwise disposed of the greater part of his assets, or is about to do so, or that 
 the employer is not a resident of this state, and the commission may order such com- 
 pensation paid forthwith or at some future time. 
 
 Determination of amount of commuted payment. 
 
 (b) The amount of the commuted payment shall be determined in accordance with 
 the following provisions : 
 
 (1) If the injury causes temporary disability, the commission shall estimate the 
 probable duration thereof and the probable amount of the temporary disability pay- 
 ments therefor, in accordance with the provisions of section nine hereof, and shall fix 
 the lump sum payment at such amount so determined. 
 
 (2) If the injury causes permanent disability or death, the commission shall fix the 
 total amount of the permanent disability payment or death benefit payable therefor in 
 accordance with the provisions of said section nine, and shall estimate the present 
 value thereof, assuming interest at the rate of six per cent per annum, disregarding the 
 probability of the beneficiary's death in all cases except where the percentage of per- 
 manent disability is such as to entitle the beneficiary to a life pension, and then taking 
 into consideration the probability of the beneficiary's death only in estimating the pres- 
 ent value of such life pension.
 
 Act 2781, § 20 
 
 GEINKRAL. LAWS. 
 
 1506 
 
 Manner of making lump sum payment. 
 
 (c) The commission in its discretion may order the lump sura payment, determined 
 as hereinbefore provided, paid directly to the injured employer or his dependents, or 
 deposited with any savings bank or trust company authorized to transact business in 
 this state, that will agree to accept the same as a deposit bearing interest, or the com- 
 mission may order the same deposited with the state compensation insurance fund. 
 Any such amount so deposited, together with all interest derived therefrom, shall there- 
 after be held in trust for the injured employee, or in the event of his death, for his 
 dependents, and the latter shall have no further recourse against the employer. Pay- 
 ments from said fund, when so deposited, shall be made by the trustee only in the same 
 amounts and at the same time as fixed by order of the commission and until said fund 
 and interest thereon shall be exhausted. In the appointment of the trustee preference 
 shall be given, in the discretion of the commission, to the choice of the injured employee 
 or his dependents. Upon the making of such payment, the employer shall present to the 
 commission a proper receipt evidencing the same, executed either by the injured em- 
 ployee or his dependents, or by the trustee, and the commission shall thereupon issue 
 its certificate in proper form evidencing the same, and such certificate, upon filing with 
 the clerk of the superior court in which any judgment upon an award may have been 
 entered, shall operate as a satisfaction of said award and shall fully discharge the 
 employer from any further liability on account thereof. 
 
 Payments from state compensation insurance fund. 
 
 (d) The commission may, where the employer is uninsured and the payments of 
 compensation awarded are to be paid for a considerable time in the future, determine 
 the present worth of said future payments, discounted at the rate of three per cent per 
 annum, and order the said present worth paid into the state compensation insurance 
 fund, which fund shall thereafter pay to the beneficiaries of said award the future pay- 
 ments as they become due. 
 
 Ways of securing payment of compensation. 
 
 § 29. (a) Every employer as defined in section seven hereof, except the state and all 
 political subdivisions or institutions thereof, shall secure the payment of compensation 
 in one or more of the following ways : 
 
 1. By insuring and keeping insured against liability to pay compensation in one or 
 more insurance carriers duly authorized to write compensation insurance in this state. 
 
 2. By securing from the commission a certificate of consent to self -insure, which may 
 1)6 given upon his furnishing proof satisfactory to the commission of ability to carry 
 his own insurance and pay any compensation that may become due to his employees, 
 the commission may, in its discretion, require such employer to deposit with the state 
 treasurer a bond or securities, but not both a bond and securities, approved by the com- 
 mission, in an amount to be determined by the commission. Such certificate may be 
 revoked at any time for good cause shown. So long as the certificate of consent to 
 self-insure has not been revoked, and the self-insurer has deposited with the state 
 treasurer such bond or securities, the self-insurer shall not be required or obliged to 
 pay into the state compensation insurance fund any sums covering liability for compen- 
 sation, excepting life pensions; but shall be permitted, and such permission is hereby 
 given the self-insurer, to fully administer any and all such compensation benefits 
 assessed against the said insurer. 
 
 Action against employer. Right to attach property. 
 
 (b) If any employer shall fail so to secure the payment of compensation, any injured 
 employee or his dependents maj- proceed against such emi^loyer b}' filing an application
 
 1567 BIASTE:R AXD servant. Act 2781, §30 
 
 for compensation with the commission, and, in addition thereto, such injured employee 
 or his dependents may bring an action at law against such employer for damages, the 
 same as if this act did not apply, and shall be entitled in such action to the right to 
 attach the property of the employer, at any time upon or after the institution of such 
 action, in an amount to be fixed by the court, to secure the payment of any judgment 
 which may ultimately be obtained. Such judgment shall include a reasonable attorney's 
 fee to be fixed by the court. The provisions of the Code of Civil Procedure, except 
 in so far as they may be inconsistent with this act, shall govern the issuance of and 
 proceedings upon such attachment ; provided, that if as a result of such action for dam- 
 ages a judgment is obtained against such employer in excess of the compensation 
 awarded under this act, the compensation awarded by the commission, if paid, or if 
 security approved by the court be given for its payment, shall be credited upon such 
 judgment; provided, further, that in such action it shall be presumed that the injury 
 to the employee was a direct result and grew out of the negligence of the employer, and 
 the burden of proof shall rest upon the employer to rebut the presumption of negligence. 
 In such proceeding it shall not be a defense to the employer that the employee may 
 have been guilty of contributory negligence, or assumed the risk of the hazard com- 
 plained of, or that the injury was caused by the negligence of a fellow servant. No 
 contract, rule or regulation shall be allowed to restore to the employer any of the fore- 
 going defenses. [Amendment of May 22, 1919. In effect July 22, 1919. Stats. 1919, 
 pp. 921, 922.] 
 
 Right of employer to insure in mutual companies, etc. 
 
 § 30. (a) Nothing in this act shall affect the organization of any mutual or other 
 insurance company, or any existing contract for insurance, or the right of the employer 
 to insure in mutual or other companies, in whole or in part, against liability for the 
 compensation provided by this act; or to provide by mutual or other insurance, or by 
 arrangement with his employees, or otherwise, for the payment to such employees, their 
 families, dependents or representatives, of sick, accident or death benefits, in addition 
 to the compensation provided for by this act; or the right of the employer to waive 
 the waiting period provided for herein by insurance coverage; provided, however, that 
 it shall be unlawful for any emplo3'er to exact or receive from any employee any con- 
 tribution, or make or take any deduction from the earnings of any employee, either 
 directly or indirectly, to cover the whole or any part of the cost of compensation under 
 this act, and it shall be a misdemeanor so to do. 
 
 Liability not reduced by insurance, etc. 
 
 (b) Liability for compensation shall not be reduced or affected by any insurance, 
 contribution, or other benefit whatsoever due to or received by the person entitled to 
 such compensation, except as otherwise provided by this act, and the person so entitled 
 shall, irrespective of any insurance or other contract, except as otherwise provided in 
 this act, have the right to recover such compensation directly from the employer, and 
 in addition thereto, the right to enforce in his own name, in the manner provided in 
 this act, either by making the insurance carrier a party to the original application or 
 by filing a separate application, the liability of any insurance carrier, which may, in 
 whole or in part, have insured against liability for such compensation; provided, how- 
 ever, that payment in whole or in part of such compensation by either the employer or 
 the insurance company shall, to the extent thereof, be a bar to recovery against the 
 other of the amount so paid ; and provided, further, that as between the employer and 
 the insurance company, payment by either directly to the employee, or to the person 
 entitled to compensation, shall be subject to the conditions of the insurance contract 
 between them.
 
 Act 3781 GENERAL. LAWS. 156S 
 
 Insurance carrier directly lialile to employee. 
 
 (c) Every contract insuring against liability for compensation, or insurance policy 
 evidencing the same, must contain a clause to the effect that the insurance carrier shall 
 be directly and primarily liable to the employee and, in the event of his death, to his 
 dependents, to pay the compensation, if any, for which the employer is liable; that, as 
 between the employee and the insurance carrier, the notice to or knowledge of the 
 occurrence of the injury on the part of the employer shall be deemed notice or knowl- 
 edge, as the case may, be, on the part of the insurance carrier; that jurisdiction of the 
 employer shall, for the purpose of this act, be jurisdiction of the insurance carrier; 
 and that the insurance carrier shall in all things be bound by and subject to the orders, 
 findings, decisions or awards rendered against the employer under the provisions of 
 this act. 
 
 Lien of employee on amount owing on policy. 
 
 (d) Such policy must also provide that the employee shall have a first lien upon any 
 amount which shall become owing on account of such policy to the employer from the 
 insurance carrier, and that in case of the legal incapacity or inability of the employer 
 to receive the said amount and pay it over to the employee or his dependents, the said 
 insurance carrier may and shall pay the same directly to the said employee or his 
 dependents, thereby discharging, to the extent of such payment, the obligations of the 
 employer to the employee; and such policy shall not contain any provisions relieving 
 the insurance carrier from payment when the employer becomes insolvent or is dis- 
 charged in bankruptcy, or otherwise, during the period that the policy is in operation 
 or the compensation remains owing. Every contract insuring against liability for 
 compensation, provided by this act, or insurance policy evidencing the same shall be 
 conclusively presumed to contain all of the provisions required by this act. 
 
 Employer relieved from liability by insurance carrier. 
 
 (e) (1) If the employer shall be insured against liability for compensation with 
 any insurance carrier, and if after the suffering of any injury such insurance carrier 
 shall serve or cause to be served upon any person claiming compensation against such 
 employer a notice that it has assumed and agreed to pay the compensation, if any, for 
 which the employer is liable, and shall file a copy of such notice with the commission, 
 such employer shall thereupon be relieved from liability for compensation to such 
 claimant and the insurance carrier shall, without notice, be substituted in place of the 
 employer in any proceeding theretofore or thereafter instituted by such person to 
 recover such compensation, and the employer shall be dismissed therefrom. Such pro- 
 ceedings shall not abate on account of such substitution but shall be continued against 
 such insurance carrier. If at the time of the suffering of an injury for which compen- 
 sation is claimed, or may be claimed, the employer shall be insured against liability 
 for the full amount of compensation payable, or that may become payable, the employer 
 may serve or cause to be sers'ed upon any person claiming compensation on account of 
 the suffering of such injury and upon the insurance carrier a notice that the insurance 
 carrier has in its policy contract or otherwise, assumed and agreed to pay the compen- 
 sation, if any, for which the employer is liable, and may file a copy of such notice with 
 the commission. If it shall thereafter appear to the satisfaction of the commission that 
 the insurance carrier has, through the issuance of its contract of insurance or otherwise, 
 assumed such liability for compensation, such employer shall thereupon be relieved 
 from liability for compensation to such claimant and the insurance carrier shall, after 
 notice, be substituted in place of the employer in any proceeding theretofore or there- 
 after instituted by such person to recover such compensation, and the employer shall 
 be dismissed therefrom. Such proceeding shall not abate on account of such substitu- 
 tion, but shall be continued against such insurance carrier. 
 
 ^
 
 ir.69 MASTER AND SERVANT. Act 2781, §§ 31-S3 
 
 Order of commission. 
 
 (2) The commission may, with or without the filing of the notice required by the 
 preceding paragraph, enter its order relieving the employer from liability where it 
 appears from the pleadings, stipulations or proof that an insurance carrier joined as 
 party to the proceeding is liable for the full compensation which the employer in such 
 proceeding is liable to pay. 
 
 Insurance carrier subrogated to rights of employer. 
 
 (f) Where any employer is insured against liability for compensation with any 
 insurance carrier and such insurance carrier shall have assumed the liability of the 
 employer therefor in the manner provided by this section, or shall have paid any com- 
 pensation for which the employer is liable, or furnished or provided any medical ser- 
 vices required by this act, such insurance carrier shall be subrogated to all the rights 
 and duties of such employer and may enforce any such rights of its own name. 
 
 State fund may insure. 
 
 (g) The state compensation insurance fund may insure against any liability fixed 
 under this act to the same extent as any insurance carrier. 
 
 "Limited compensation policy." 
 
 $ 31, (a) If any insurance policy shall be issued covering liability for compensa- 
 tion, which policy shall contain any limitation as to the compensation payable, such 
 limitation shall be printed in the body of such policy in bold-face type and in addition 
 thereto the words "limited compensation policy" shall be printed on the top of the 
 policy in bold-face type not less than eighteen point in size. Failure to observe the 
 foregoing requirement shall render such policy unlimited. 
 
 (b) No insui-ance carrier shall insure against the liability of the employer for the 
 additional compensation recoverable under the provisions contained in section six (b) 
 hereof. 
 
 Organization of state compensation insurance fund continued. 
 
 5 32. Nothing contained in this act shall be taken or construed to limit, interfere 
 with, disturb, or render ineffective in any degree, the creation, existence, organization, 
 control, management, contracts, rights, powers, duties and liabilities of the state com- 
 pensation insurance fund, but all such matters and things are hereby expressly con- 
 firmed, saved and continued. 
 
 Definitions. 
 
 $ 33. The following terms, as used in sections thirty-three to fifty-four, inclusive, 
 of this act, shall, unless a different meaning is plainly required by the context, be con- 
 strued as follows: 
 
 "Place of employment." 
 
 (1) The phrase "place of employment" shall mean and include every place, whether 
 indoors or out or underground, or elsewhere, and the premises appurtenant thereto, 
 where, either temporarily or permanently, any industry, trade, work or business is car- 
 ried on, or where any process or operation directly or indirectly related to any industry, 
 trade, work or business, is carried on, including all construction work, and where any 
 person is directly or indirectly employed by another, but shall not include any place 
 where persons are employed solely in household domestic service, or any place of em- 
 ployment, concerning the safety of which jurisdiction may have been vested by law 
 heretofore or hereafter in any other commission or public authority. 
 Gen. Laws — 99
 
 Act 27S1, § S4 GENERAL LAWS. I57t 
 
 "Employment." 
 
 (2) The term "employment" shall mean and include any trade, work, business, occu- 
 pation or process of manufacture, or any method of carrying on such trade, work, 
 business, occupation or process of manufacture, including construction work, in which 
 any person may be engaged, except where persons are employed solely in household 
 domestic service. 
 
 "Employer." 
 
 (3) The terra "employer" shall mean and include every person, firm, voluntary 
 association, corporation, officer, agent, manager, representative or other person having 
 control or custody of any employment, place of employment or of any employee. 
 
 "Employee." 
 
 (4) The term "employee" shall mean and include every person who may be required 
 or directed by any employer, to engage in any employment, or to go to work or be at 
 any time in any place of employment. 
 
 "Order." 
 
 (5) The term "order" shall mean and include any decision, rule, regulation, direc- 
 tion, requirement or standard of the commission or any other determination arrived at 
 or decision made by such commission under the safety provisions of this act. 
 
 "General order." 
 
 (6) The term "general order" shall mean and include such order, made under the 
 safety provisions of this act, as applies generally throughout the state to all persons, 
 employments or places of employment, or all persons, employments or places of employ- 
 ment of a class under the jurisdiction of the commission. All other orders of the 
 commission shall be considered special orders. 
 
 "Local order." 
 
 (7) The term "local order" shall mean and include any ordinance, order, rule or 
 determination of any board of supervisors, citj' council, board of trustees or other 
 governing body of any county, city and county, city, or any school district or other 
 public corporation, or an order or direction of any other public official or board or 
 department upon any matter over which the industrial accident commission has juris- 
 diction. 
 
 "Safe" and "Safety." 
 
 (8) The terms "safe" and "safety" as applied to an emplo^Tnent or a place of 
 employment shall mean such freedom from danger to the life or safety of employees as 
 the nature of the employment will reasonably permit. 
 
 "Safety device" and "Safeguard." 
 
 (9) The terms "safety device" and "safeguard" shall be given a broad interpre- 
 tation so as to include any practicable method of mitigating or preventing a specific 
 danger. [Amendment of May 22, 1919. In effect July 22, 1919. Stats. 1919, pp. 922, 
 923.] 
 
 Employer to make employment safe. 
 
 § 34. Every employer shall furnish employment which shall be safe for the em- 
 ployees therein and shall furnish a place of employment which shall be safe for 
 employees therein, and shall furnish and use such safety devices and safeguards, and 
 shall adopt and use such practices, means, methods, operations and processes as are
 
 i571 MASTER AXD SERVANT. Act 27S1, §g 33-39 
 
 reasonably adequate to render such employment and place of employment safe, and 
 shall do every other thing reasonably necessary to protect the life and safety of such 
 employees. 
 
 Use of safety devices. 
 
 ^ 35, No employer shall require, permit or suffer any employee to go or be in any 
 employment or place of employment which is not safe, and no such emploj^er shall fail 
 to furnish, provide and use safety devices and safeguards or fail to adopt and use 
 methods and processes reasonably adequate to render such emplo3'ment and place of 
 employment safe, and no such employer shall fail or neglect to do every other thing 
 reasonably necessary to protect the life and safety of such employees, and no such 
 employer shall occupy or maintain any place of employment that is not safe. 
 
 Construction of unsafe place. 
 
 $ 3G. No employer, owner or lessee of any real property in this state shall construct 
 or cause to be constructed any place of employment that is not safe. 
 
 Employee not to interfere with safety devices. 
 
 § 37. No employee or other person shall remove, displace, damage, destroy or carry 
 off any safety device, safeguard, notice or warning, furnished and provided for use in 
 any employment or place of employment, or interfere in any way with the use thereof 
 by any other person, or interfere with the use of any method or process adopted for 
 the protection of any employee, including himself, in such employment, or place of em- 
 ployment, or fail or neglect to do everj^ other thing reasonabW necessary to protect the 
 life and safety of such employees. [Amendment of May 22, 1919. In effect July 22, 
 1919. Stats, 1919, p. 924.] 
 
 Jurisdiction of commission over places of employment, 
 
 § 38, The commission is vested with full power and jurisdiction over, and shall have 
 such supervision of, everj' employment and place of employment in this state as maj' 
 be necessary adequately to enforce and administer all laws and all lawful orders 
 requiring such employment and place of emplo3'^ment to be safe, and requiring the pro- 
 tection of the life and safety of every employee in such employment or place of em- 
 ployment. 
 
 Power of commission to prescribe devices, standards, etc. 
 
 § 39, The commission shall have power, after a hearing had upon its own motion or 
 upon complaint, by general or special orders, rules or regulations, or otherwise : 
 
 (1) To declare and prescribe what safety devices, safeguards or other means or 
 methods of protection are well adapted to render the emplo3'ees of every employment 
 and place of emploj^ment safe as required bj' law or lawful order. 
 
 (2) To fix such reasonable standards and to prescribe, modify and enforce such rea- 
 sonable orders for the adoption, installation, use, maintenance and operation of safet}' 
 devices, safeguards and other means or methods of protection, to be as nearly uniform 
 as possible, as may be necessary' to carry out all laws and lawful orders relative to the 
 protection of the life and safety of employees in employments and places of employ- 
 ment. 
 
 (3) To fix and order such reasonable standards for the construction, repair and 
 maintenance of places of employment as shall render them safe, 
 
 (4) To require the performance of any other act which the protection of the life 
 and safety of employees in employments and places of employment may reasonably 
 demand. 
 
 (5) To declare and prescribe the general form of industrial injury reports, the 
 injuries to be reported and the information to be furnished in connection therewith,
 
 Act 2781, §8 40-44 GENERAL, LAWS. 1572 
 
 and the time within which such reports shall be filed. Nothing in this act contained 
 shall be construed to prevent the commission from requiring supplemental injury 
 reports. 
 
 Notice of hearing to consider general safety order. 
 
 $ 40. Upon the fixing of a time and place for the holding of a hearing for the pur- 
 pose of considering and issuing a general safety order or orders as authorized by 
 section thirty-nine hereof, the commission shall cause a notice of such hearing to be 
 published in one or more daily newspapers of general circulation published and circu- 
 lated in the city and county of San Francisco, and also in one or more daily newspapers 
 of general circulation published and circulated in the county of Los Angeles, such 
 newspapers to be designated by the commission for that purpose. No defect or inaccu- 
 racy in such notice or in the publication thereof shall invalidate any general order 
 issued by the commission after hearing had. 
 
 Order to make emplojmient safe. 
 
 ^ 41. "Whenever the commission, after a hearing had upon its own motion or upon 
 complaint, shall find that any employment or place of employment is not safe or that 
 the practices or means or methods or operations or processes employed or used in con- 
 nection therewith are unsafe, or do not afford adequate protection to the life and 
 safety of employees in such employment or place of employment, the commission shall 
 make and enter and serve such order relative thereto as may be necessary to render 
 such employment or place of employment safe and protect the life and safety of em- 
 ployees in such employment and place of employment and may in said order direct that 
 such additions, repairs, improvements or changes be made and such safety devices and 
 safeguards be furnished, provided and used, as are reasonably required to render such 
 employment or place of employment safe, in the manner and within the time specified 
 in said order. 
 
 Time for compliance with order. 
 
 ^ 42. The commission may, upon application of any employer, or other person 
 affected thereby, grant such time as may reasonably be necessary for compliance with 
 any order, and any person affected by such order may petition the commission for an 
 extension of time, which the commission shall grant if it finds such an extension of 
 time necessary. 
 
 Investigation of unsafe employment. 
 
 § 43. Whenever the commission shall learn or have reason to believe that any 
 employment or place of employment is not safe or is injurious to the welfare of any 
 emolovee it may, of its own motion, or upon complaint, summarily investigate to same 
 with or without notice or hearings, and after a hearing upon such notice as it may pre- 
 scribe, the commission may enter and serve such order as may be necessai'^ relativj 
 thereto, anything in this act to the contrary notwithstanding. 
 
 Obeying order. 
 
 ^ 4ri. E\ery employer, employee and other person shall obey and comply with each 
 and every requirement of every order, decision, direction, rule or regulation made or 
 prescribed by the commission in connection with the matters herein specified, or in any 
 way relating to or affecting safety of employments or places of employment, or to 
 protect the life and safety of employees in such employments or places of employment, 
 and shall do everything necessary or proper in order to secure compliance with and 
 observance of every such order, decision, dii-ection, rule or regulation.
 
 1573 MASTER AND SERVANT. Act 2781, §g 45-47 
 
 Review of orders. 
 
 $ 45. The orders of the commission, general or special, its rules or regulations, find- 
 ings and decisions, made and entered under the safety provisions of this act, may be 
 reviewed by the courts specified in sections sixty-seven and sixty-eight of this act and 
 within the time and in the manner therein specified and not otherwise. 
 
 Powers of supervisors, etc., not affected, 
 
 $ 46, Nothing contained in this act shall be construed to deprive the board of super- 
 visors of any county, or city and county, the board of trustees of any city, or any other 
 public corporation or board or department, of any power or jurisdiction over or relative 
 to any place of employment; provided, that whenever the commission shall, by order, 
 fix a standard of safety for employments or places of employment, such order shall, 
 upon the filing by the commission of a copy thereof with the clerk of the county, city 
 and county, or city to which it may apply, establish a minimum requirement concerning 
 the matters covered by such order and shall be construed in connection with any local 
 order relative to the same matter and to amend or modify any requirement in such 
 local order not up to the standard of the order of the commission. 
 
 Restraining injunction against unsafe employments. 
 
 § 461/2. If the condition of any employment or place of employment or the operation 
 of any machine, device or apparatus shall constitute a serious menace of the lives or 
 safety of persons about it, the commission, or a commissioner, may apply to the superior 
 court of the county in which such place of employment, machine, device or apparatus 
 is situated, for an injunction restraining the use or operation thereof until such condi- 
 tion shall be eon-ected. The said application accompanied by affidavit showing that 
 such place of employment, machine, device or apparatus is being operated in violation 
 of a general or special safety order of the commission, and that such use or operation 
 constitutes a menace to the life or safety of any person or persons emploj^ed there- 
 about, accompanied by a copj' of the order or orders applicable thereto shall constitute 
 a sufficient prima facie showing to warrant, in the discretion of the court, the imme- 
 diate granting of a temporary restraining order. No bond shall be required from the 
 commission as a prerequisite to the granting of any restraining order. When in the 
 opinion of the industrial accident commission a machine or any part thereof is in a 
 dangerous condition or is not properly guarded or is dangerously placed, the use thereof 
 shall be prohibited by the commission, and a notice to that effect shall be attached 
 thereto. Such notice shall not be removed except by an authorized representative of 
 the commission, nor until the machinery is made safe and the required safeguards or 
 safety appliances or devices are provided, and in the meantime such unsafe or danger- 
 ous m.achinery shall not be used. [New section added by amendment of May 22, \919. 
 In effect July 22, 1919. Stats. 1919, p. 924.] 
 
 Museums of safety and hygiene. 
 
 § 47. The commission shall have further power and authority: 
 
 (1) To establish and maintain museums of safety and hygiene in which shall be 
 exhibited safety devices, safeguards and other means and methods for the protection 
 of the life and safety of employees, and to publish and distribute bulletins on any 
 phase of this general subject. 
 
 Lectures. 
 
 (2) To cause lectures to be delivered, illustrated by stereopticon or other views, dia- 
 grams or pictures, for the information of employers and their employees and the 
 general public in regard to the causes and prevention of industrial accidents, occupa- 
 tional diseases and related subjects.
 
 Act 2781. §8 48-51 GENERAL LAWS. 1574 
 
 Advisers. 
 
 (3) To appoint advisers who shall, without compensation, assist the commission in 
 establishing standards of safetj^ and the commission may adopt and incorporate in its 
 general orders such safety recommendations as it may receive from such advisers. 
 
 Order admissible as evidence. 
 
 § 4S. Every order of the commission, general or special, its rules and regulations, 
 findings and decisions, made and entered under the safety provisions of this act shall 
 be admissible as evidence in any prosecution for the violation of any of the said pro- 
 visions and shall, in every such prosecution, be conclusively presumed to be reasonable 
 and lawful and to fix a reasonable and proper standard and requirement of safety, 
 unless, prior to the institution of the prosecution for such violation or violations, pro- 
 ceedings for a rehearing thereon or a review thereof shall have been instituted as pro- 
 vided in sections sixty-four to sixty-eight, inclusive, of this act and not then finally 
 determined. 
 
 Penalty for violatian. 
 
 6 49. Every employer, employee or other person who, either individually or acting 
 as an officer, agent or employee of a cori^oration or other person, violates any safety 
 provision contained in sections thirtj'^-four, thirty-five, thirty-six or thirty-seven of this 
 act, or any part of any such provision, or who shall fail or refuse to comply with any 
 such provision or any part thereof, or who, directly or indirectly, knowingly induces 
 another so to do is guilty of a misdemeanor. In any prosecution under this section it 
 shall be deemed prima facie evidence of a violation of any such safety provision, that 
 the accused has failed or refused to comply with any order, rule, regulation or require- 
 ment of the commission relative thereto and the burden of proof shall thereupon rest 
 upon the accused to show that he has complied with such safety provision. 
 
 Separate and distinct offense. 
 
 ^ 50. Every violation of the provisions contained in sections thirty-four, thirty-five, 
 thirty-six or thirty-seven of this act, or any part or portion thereof, by any person or 
 corporation is a separate and distinct offense, and, in the case of a continuing violation 
 thereof, each day's eontinnance thereof shall constitute a separate and distinct oliense. 
 
 Accident prevention fund. Percentage of amount gross premiums. Estimates sub- 
 mitted to board of control. Revolving fund. 
 
 $ 51. All fines imposed and collected under prosecutions for violations of the pro- 
 visions of sections thirty to fifty-four of this act shall be paid into the state treasury to 
 the ci-edit of the "accident prevention fund," which fund is hereby created. In addi- 
 tion to other sources of income of said accident prevention fund, the state compensa- 
 tion insurance fund shall pay into the said accident prevention fund, on or before the 
 first IMonday in July, 1918, and annually thereafter, the sum of two per cent upon the 
 amount of the gross premiums received by it upon its business done in this state during 
 the preceding calendar year, less return premiums and reinsurance in companies or 
 associations authorized to do business in this state, which paj^ment is intended to be 
 the equivalent of the taxes imposed upon private insurance companies by the laws of 
 this state relating to revenue and taxation. The state compensation insurance fund 
 shall also pay into the said accident prevention fund interest from September 1, 1917, 
 at the rate of four per cent per annum, payable quarterly, upon the sum of one hun- 
 dred thousand dollars heretofore advanced by the state to said state compensation insur- 
 ance fund as long as the said fund shall retain the said sum of one hundred thousand 
 dollars. The commission is authorized to draw from said accident prevention fund 
 toward the support of its dei)artmcnt of safety. The commission shall submit from
 
 loTS BIASTER AND SERVANT. Act 2781, §§ 52, 53 
 
 time to time to the state board of control an estimate of the amount it desires to with- 
 draw from the accident prevention fund, and when such estimate shall be approved by 
 the state board of control, the controller is directed to draw his warrant on said fund 
 in favor of said commission for such amount, and the treasurer is authorized and 
 directed to pay the same. The commission shall accoi;nt to the state board of control 
 and to the state controller for all moneys so received, furnishing proper vouchers 
 therefor. The said accident prevention fund shall be a revolving fund. 
 
 Unlawful to divulge confidential information. 
 
 ^ 52. It shall be unlawful for any member of the commission, or for any oflBcer or 
 employee of the commission, to divulge to anj' person not connected with the adminis- 
 tration of this act any confidential information obtained from any person, concerning 
 the failure of any other person to keep any place of employment safe, or concerning 
 the violation of any order, rule or regulation issued by the commission. Any member 
 of the commission or any officer or employee of the commission divulging such confi- 
 dential information shall be gruiltj' of a misdemeanor. 
 
 Reports of injuries. 
 
 § 53. (a) E^'er3'^ employer of labor, without any exceptions, and every insurance car- 
 rier, and every physician or surgeon who attends any injured employee, is hereby 
 required to file with the commission, under such rules and regulations as the commis- 
 sion may from time to time make, a full and complete report of every injury to an 
 employee arising out of or in the course of his employment and resulting in loss of 
 life or injury to such iDerson; provided, that such report shall not be required unless 
 disability resulting from such injury lasts through the day of the injury or requires 
 medical service other than ordinary first aid treatment. Where the injury results 
 in death a report shall be made by the employer to the commission by telephone or 
 telegraph forthwith. Such reports shall be furnished to the commission in such form 
 and such detail as the commission shall from time to time prescribe, and shall make 
 specific answers to all questions required by the commission under its rules and regu- 
 lations. It shall be unlawful for any person, firm, corporation, agent or officer of a 
 firm or corporation, to fail or refuse to comply with any of the provisions of this sec- 
 tion, and any such person, finn, coiporation, agent or ofiicer of a firm or corporation, 
 who fails or refuses to comply with the provisions of this section shall be guilty of a 
 misdemeanor for each and every offense and upon conviction thereof shall be punish- 
 able by a fine of not less than ten dollars nor more than one hundred dollars. Any 
 such employer or insurance carrier who shall furnish such report shall be exempt from 
 furnishing any similar report or reports authorized or required under the laws of this 
 state. 
 
 Filling out blanks. 
 
 (b) Every emplo5'er or insurance carrier receiving from the commission any blanks 
 with directions to fill out the same shall cause the same to be properly filled out so as 
 to answer fully and correctly each question propounded therein ; in case he is unable to 
 answer any such questions a good and sviflficient reason shall be given for such failure. 
 
 Information not open to public inspection. 
 
 (c) No information furnished to the commission by an employer or an insurance 
 carrier shall be open to public inspection or made public except on order of the commis- 
 sion, or by a commissioner or referee in the course of a proceeding. Any oflBcer or 
 employee of the commission who, in violation of the provisions of this subsection, 
 divulees any such infonnation shall be guilty of a misdemeanor. [Amendment of 
 May 22, 1919. In effect July 22, 1919. Stats. 1919, p. 924.]
 
 A.« 2781. e§ 54-56 GENERAL LAWS. 1576 
 
 Investigation of injuries. 
 
 ^ 54. (a) The coniinission shall investigate the cause of all industrial injuries occur- 
 ring within the state in any employment or place of employment, or directly or 
 indirectly arising from or connected with the maintenance or operation of such employ- 
 ment or place of employment, resulting in disability or death and requiring, in the 
 judgment of the commission, such investigation; and the commission shall have the 
 power to make such orders or recommendations with respect to such injuries as may be 
 just and reasonable; provided, that neither the order nor the recommendation of the 
 commission shall be admitted as evidence in any action for damages or any proceeding 
 to recover compensation, based on or arising out of such injury or death. 
 
 Inspectors, etc., may enter place of employment. 
 
 (b) For tlie purpose of making any investigation which the commission is authorized 
 to make under the provisions of this section, or for the purpose of collecting statistics 
 or examining the provision made for the safety of employees, any member of the com- 
 mission, or other person designated by the commission for that puipose, may enter any 
 place of emi)loyment; and in the performance of such duties shall have the power to 
 subpoena witnesses, administer oaths and take testimony. 
 
 Penalty for violation. 
 
 (c) Any employer, insurance carrier, responsible agent or employee of such employer 
 or insurance carrier, or any other person who shall violate or omit to comply with any 
 of the provisions of this section, or who shall in any way obstnact or hamper the com- 
 mission, any commissioner or other person conducting any investigation authorized to 
 be undertaken or made by the commission, shall be guilty of a misdemeanor. [Amend- 
 ment of May 22, 1919. In effect July 22, 1919. Stats. 1919, p. 925.] 
 
 Proceedings instituted before commission. 
 
 ^55. (a) All proceedings for the recovery of compensation, or concerning any right 
 or liability arising out of or incidental thereto, or for the enforcement against the 
 employer or an insurance carrier of any liability for compensation imposed upon him 
 by this act in favor of the injured employee, his dependents or any third person, or for 
 the determination of any question as to the distribution of compensation among depend- 
 ents or other persons, or for the determination of any question as to who are dependents 
 of any deceased employee, or what persons are entitled to any benefit under the com- 
 pensation provisions of this act, or for obtaining any order which bj' this act the com- 
 mission is authorized to make, or for the determination of any other matter, jurisdic- 
 tion over which is vested by this act in the commission, shall be instituted before the 
 eommission, and not elsewhere, except as otherwise in this act provided, and the com- 
 mission is hereby vested with full power, authority and jurisdiction to try and finally 
 determine all such matters, subject only to the review by the courts in this act specified 
 and in the manner and within the time in this act provided. 
 
 Orders, etc., prima facie lawful. 
 
 (b) All orders, rules and regulations, findings, decisions and awards of the commis- 
 sion shall be in force and shall be prima facie lawful; and all such orders, rules and 
 regulations, findings, decisions and awards shall be conclusively presumed to be reason- 
 able and lawful, until and unless they are modified or set aside by the commission or 
 upon a review by the courts in this act specified and within the time and in the manner 
 herein specified. 
 
 Service of notice, etc. 
 
 ^ 56. (a) Any notice, order or decision required by this act to be served upon any 
 person or party eitlier before, during or after the institution of any proceeding before 
 
 i
 
 1577 HASTE^R AND SERVANT. Act 2781, § 57 
 
 the commission, may be served in the manner provided by chapter five, title fourteen of 
 part two of the Code of Civil Procedure of this state, unless otherwise directed by the 
 commission or a member thereof, in which event the same shall be served in accordance 
 with the order or direction of said commission or member thereof. The commission 
 or a commissioner may also, in the cases mentioned in the Code of Civil Procedure of 
 this state, order service to be made by publication of the notice of time and place of 
 hearing. Where service is ordered to be made by publication the date of the hearing 
 may be fixed at more than thirty days from the date of filing the application. 
 
 (b) Any such notice, order or decision affecting the state or any city and county, 
 city, school district or public corporation therein, shall be served upon the same officer, 
 officers, person or persons, upon whom the service of similar notices, orders or decisions 
 is authorized by law. 
 
 Secretary, etc., have powers of peace of&cers. 
 
 (c) The secretary, assistant secretaries and the inspectors appointed by the com- 
 mission shall have all the powers conferred by law upon peace officers to cairy weapons, 
 make arrests and serve warrants and other process in this state. 
 
 Powers of commission. 
 
 $ 57. (a) The commission shall have full power and authority: 
 
 Rules of practice. 
 
 (1) To adopt reasonable and proper rules of practice and procedure. 
 
 Representation of minors, etc. 
 
 (2) To regulate and provide the manner, and by whom, minors and incompetent per- 
 sons shall appear and be represented before it. 
 
 Appoint trustee to appear for minor or incompetent. 
 
 (3) To appoint a trustee or guardian ad litem to appear for and represent any such 
 minor or incompetent upon such terms and conditions as it may deem proper; and such 
 guardian or trustee must, if required by the commission or a commissioner, give a bond 
 in the same form and of the same character required by law from a guardian appointed 
 by the courts and in such an amount as the commission or a commissioner may fix and 
 determine, such bond to be approved by the commission or a commissioner, and such 
 guardian or trustee shall not be discharged from liability until he shall have filed an 
 account with the commission or with the probate court and such account shall have been 
 approved. The trustee or guardian shall be entitled to receive such compensation for 
 his services as shall be fixed and allowed by the commission or by the probate court. 
 
 Joinder of interested persons. 
 
 (4) To provide for the joinder in the same proceeding of all persons interested 
 therein, whether as employer, insurance carrier, employee, dependent, creditor or other- 
 wise. 
 
 Notices. 
 
 (5) To regulate and prescribe the kind and character of notices, where not otherwise 
 prescribed by this act, and the service thereof. 
 
 Proofs. 
 
 (6) To regulate and prescribe the nature and extent of the proofs and evidence. 
 
 Controversies over insurance policies. 
 
 (b) The commission shall also have jurisdiction to determine controversies arising 
 out of insurance policies issued to self-employing persons, conferring benefits identical 
 with those prescribed by this act.
 
 Act 27S1,§§58. 59 GENERAL LAWS. 1578 
 
 Acting as arbitrator. 
 
 The commission may try and determine matters refen-ed to it by the parties under 
 the provisions of part three, title ten, of the Code of .Civil Procedure, with respect to 
 controversies arising out of insurance issued to self -employing persons under the pro- 
 visions of this act. Such controversies may be submitted to it by the signed agreement 
 of the parties, or by the application of one party and the submission of the other to 
 its jurisdiction, with or without an express request for arbitration. The state compen- 
 sation insurance fund must submit to the commission, the consent of the other party 
 being obtained, all controversies susceptible of being arbitrated under this section. In 
 acting as arbitrator under the provisions of this section, the commission shall have all 
 the powers which it may lawfully exercise in compensation cases, and its findings and 
 award upon such arbitration shall have the same conclusiveness and be subject to the 
 same mode of reopening, review and enforcement as in compensation cases. No fee or 
 cost shall be charged by the commission to any party for arbitrating the issues pre- 
 sented under this section. 
 
 Controversies over injuries outside of state. 
 
 § 58. The commission shall have jurisdiction over all controversies arising out of 
 injuries suffered without the territorial limits of this state in those cases where the 
 injured employee is a resident of this state at the time of the injury and the contract 
 of hire was made in this state, and any such employee or his dependents shall be 
 entitled to the compensation or death benefits provided by this act. 
 
 Reference of cases. 
 
 § 59. The commission may upon the agreement of the parties, upon the application 
 of either, or of its own motion, and either with or without notice, direct and order a 
 reference in the following cases: 
 
 (1) To try any or all of the issues in any proceeding before it, whether of fact or of 
 law, and to report a finding, order, decision or award to be based thereon. 
 
 (2) To ascertain a fact necessary to enable the commission to determine any pro- 
 ceeding before it or to make any order, decision or award that the commission is author- 
 ized to make under this act, or that is necessary for the information of the commission. 
 
 Referees. 
 
 (b) The commission may appoint one or more referees in an^' proceeding, as it may 
 deem necessary or advisable, and may refer matters arising out of the same proceed- 
 ing to different referees. It may also, in its discretion, appoint general referees who 
 shall hold office during the pleasure of the commission. Any referee appointed by the 
 commission shall have such powers, jurisdiction and authority as is granted under the 
 law, by the order of appointment and by the rules of the commission, and shall receive 
 such salary or compensation for his services as may be fixed by the commission. 
 
 Objection to appointments. 
 
 (c) Any party to the proceeding may object to the appointment of any person as 
 referee upon any one or more of the grounds specified in section six hundred forty-one 
 of the Code of Civil Procedure and such objection must be heard and disposed of by 
 the commission. Affidavits may be read and witnesses examined as to such objections. 
 
 Oath of referee. 
 
 (d) Before entering upon his duties, the referee must be sworn before an officer 
 authorized to administer oaths, faithfully and fairly to hear and determine the matters 
 and issues referred to him, and to make just findings and report according to his under- 
 standing.
 
 1579 MASTER AND SERVANT. Act 2781, §§ 60, 61 
 
 Report of referee. 
 
 (e) The referee must report his findings in writing to the commission within fifteen 
 days after the testimony is closed. Such report shall be made in the form prescribed 
 by the commission and shall include all matters required to be included in the order of 
 reference or by the rules of the commission. The facts found and conclusions of law 
 must be separately stated. 
 
 Order, etc., based on report of referee. 
 
 (f ) Upon the filing of the report of the referee, the commission may confirm, adopt, 
 modify or set aside the same or any part thereof and may, either with or without fur- 
 ther proceedings, and either with or without notice, enter its order, findings, decision 
 or award based in whole or in part ujion the report of the referee, or upon the record 
 in the case. 
 
 Hearings by referees. 
 
 (g) The provisions of the preceding subdivisions of this section shall not be con- 
 strued to prevent the commission from requiring its referees merely to hold hearings 
 and to make return of the testimony to the commission. 
 
 Commission not bound by statutory rules of evidence and procedure. 
 
 § 60. (a) All hearings and investigations before the commission or any member 
 thereof, or any referee appointed thereby, shall be governed by this act and by the 
 rules of practice and procedure adopted by the commission, and in the conduct thereof 
 neither the commission nor any member thereof, nor any referee appointed thereby, 
 shall be bound by the common law or statutorj^ rules of evidence and procedure, but 
 may make inquiry in such manner, through oral testimony and written and printed 
 records, as is best calculated to ascertain the substantial rights of the parties and carry 
 oi;t justly the spirit and provisions of this act. No infoiTaality in any proceeding or in 
 the manner of taking testimony shall invalidate any order, decision, award, rule or 
 regulation made, approved or confirmed by the commission; nor shall any order, award, 
 rule or regulation be invalidated because of the admission into the record, and use as 
 proof of any fact in dispute, of any evidence not admissible under the said common 
 law or statutory rules of evidence and procedure. 
 
 Depositions. 
 
 (b) The commission, or a commissioner or referee, or any party to the action or pro- 
 ceeding, may, in any investigation or hearing before the commission, cause the deposi- 
 tion of witnesses residing within or without the state to be taken in the manner pre- 
 scribed by law for like depositions in civil actions in the superior courts of this state, 
 and to that end may compel the attendance of witnesses and the production of books, 
 dor-uments, papers and accounts; provided, that depositions taken outside of the state 
 may be taken before any officers authorized to administer, oaths. 
 
 Power of commission to administer oaths, etc. Witness fees and mileage. 
 
 § 61. The commission and each member thereof, its secretary, assistant secretaries 
 and referees, shall have power to administer oaths, certify to all official acts, and to 
 issue subpoenas for the attendance of witnesses and the production of papers, books, 
 accounts, documents and testimony in any inquii-y, investigation, hearing or proceed- 
 ing in any part of the state. Each witness who shall appear, by order of the commis- 
 sion or a member thereof, or a referee appointed thereby, shall be entitled to receive, 
 if demanded, for his attendance the same fees and mileage allowed by law to a witness 
 in civil cases, which amount shall be paid by the party at whose request such witness 
 is subpoenaed, unless otherwise ordered by the commission. When any witness who
 
 Act 2781, 88 02, C3 GENERAI. LA'W'S. 1580 
 
 has not been required to attend at the request of any party is subpoenaed by the com- 
 mission, his fees and mileage may be paid from the funds appropriated for the use of 
 the commission in the same manner as other expenses of the commission are paid. Any 
 witness subpoenaed, except one whose fees and mileage may be paid from the funds of 
 the commission, may, at the time of service, demand the fee to which he is entitled for 
 travel to and from the place at which he is required to appear, and one day's attend- 
 ance. If such witness demands such fees at the time of service, and they are not at 
 that time paid or tendered, he shall not be required to attend before the commission, 
 member thereof, or referee as directed in the subpoena. All fees and mileage to which 
 any witness is entitled, under the provisions of the section, may be collected by action 
 therefor instituted by the person to whom such fees are payable. 
 
 Power of superior court to compel attendance of witnesses, etc. 
 
 ^ 62. The superior court in and for the county, or city and county, in which any 
 inquiry, investigation, hearing or proceeding may be held by the commission or any 
 member thereof or referee appointed thereby, shall have the power to compel the 
 attendance of witnesses, the giving of testimony and the production of papers, includ- 
 ing books, accouilts and documents, as required by any subpoena issued by the com- 
 mission or member thereof or referee. The commission or any member thereof or the 
 referee, before whom the testimony is to be given or produced, in case of the refusal of 
 any witness to attend or testify or produce any papers required by such subpoena, may 
 report to the superior court in and for the county, or city and county in 
 which the proceeding is pending, by petition, setting forth that due notice has 
 been given of the time and place of attendance of said witness, or the pro- 
 duction of said papers, and that the witness has been subpoenaed in the manner pre- 
 scribed in this act, and that the witness has failed and refused to attend or produce the 
 papers required by the subpoena, or has refused to answer questions propounded to 
 him in the course of such proceeding, and ask an order of said court, compelling the 
 witness to attend and testify or produce said papers before the commission. The court, 
 upon the petition of the commission or such member thereof or referee, shall enter an 
 order directing the witness to appear before the court at a time and place to be fixed 
 by the court in such order, the time to be not more than ten days from the date of the 
 order, and then and there show cause why he had not attended and testified or pro- 
 duced said papers before the commission, member thereof or referee. A copy of said 
 order shall be served upon said witness. If it shall appear to the court that said sub- 
 poena was regularly issued by the commission or member thereof or referee and that 
 the witness was legally bound to comply therewith, the court shall thereupon enter an 
 order that said witness appear before the commission or member thereof or referee 
 at a time and place to be fixed in such order, and testify or produce the required papers, 
 and upon failure to obey said order, said witness shall be dealt with as for contempt 
 of court. The remedy provided in this section is cumulative, and shall not be con- 
 strued to impair or interfere -with the power of the commission or a member thereof to 
 enforce the attendance of witnesses and the production of papers, and to punish for 
 contempt in the same manner and to the same extent as courts of record. 
 
 General power of commission. 
 
 $ 63. (a) The commission is hereby vested with full power, authority and jurisdic- 
 tion to do and perform any and all things, whether herein specifically designated, or 
 in addition thereto, which are necessary or convenient in the exercise of any power, 
 authority or jurisdiction conferred upon it under this act. 
 
 Power to issue writs, etc. 
 
 (b) The commission and each member thereof shall have power to issue writs or 
 summons, warrants of attachment, warrants of commitment and all necesaaiy process
 
 1581 MASTER AND SERVANT, Act 27S1, § 64 
 
 in proceedings for contempt, in like manner and to the same extent as courts of record. 
 The proces^ issued bj' the commission or any member thereof shall extend to all parts 
 of the state and may be served by any persons authorized to serve process of courts of 
 record, or by any person designated for that purpose by the commission or any member 
 thereof. The person executing any such process shall re«5eive such compensation as 
 may be allowed bj' the commission, not to exceed the fees now prescribed by law for 
 similar services, and such fees shall be paid in the same manner as provided herein 
 for the fees of witnesses. 
 
 Application for rehearing. 
 
 § 64. (a) Any party or person aggrieved directly or indirectly by any final order, 
 decision, award, rule or regulation of the commission, made or entered under any pro- 
 vision contained in this act, may apply to the commission for a rehearing in respect 
 to any matters determined or covered by such final order, decision, award, rule or regu- 
 lation and specified in the application for rehearing within the time and in the manner 
 hereinafter specified, and not otherwise. 
 
 No cause for action unless application for rehearing. 
 
 (b) No cause of action arising out of any such final order, decision or award shall 
 accrue in any court to any person until and unless such person shall have made appli- 
 cation for such rehearing, and such application shall have been granted or denied ; pro- 
 vided, that nothing herein contained shall be construed to prevent the enforcement of 
 any such final order, decision, award, rule or regulation in the manner provided in 
 this act. 
 
 Grounds for application. 
 
 (c) Such application shall set forth specifically and in full detail the grounds upon 
 which the applicant considers said final order, decision, award, rule or regulation is 
 unjust or unlawful, and every issue to be considered by the commission. Such applica- 
 tion must be verified upon oath in the same banner as required for verified pleadings 
 in courts of record and must contain a general statement of any evidence or other 
 matters upon which the applicant relies in support thereof. The applicant for such 
 hearing shall be deemed to have finally waived all objections, irregularities and illegali- 
 ties concerning the matter upon which such rehearing is sought other than those set 
 forth in the application for such rehearing. 
 
 Service upon adverse parties. 
 
 (d) A copy of such application for rehearing shall be served forthwith upon all 
 adverse parties by the party applying for such rehearing, and any such adverse party 
 may file an answer thereto within ten days thereafter. Such answer must likewise be 
 verified. The commission may require the application for rehearing to be served on 
 such other persons or parties as may be designated by it. 
 
 Rehearing. 
 
 (e) Upon filing of an application for a rehearing, if the issues raised thereby have 
 theretofore been adequately considered by the commission, it may determine the same 
 by confirming without hearing its previous determination, or if a rehearing is necessary 
 to determine the issues raised, or any one or more of such issues, the commission shall 
 order a rehearing thereon and consider and determine the matter or matters raised by 
 such application. If at the time of granting such rehearing it shall appear to the sat- 
 isfaction of the commission that no sufficient reason exists for taking further testimony, 
 the commission may reconsider and redeterminate the original cause without settino- a
 
 Act arsi, §§ 65, 6« 
 
 GENERAL, LAWS. 
 
 1582 
 
 time and place for such further rehearing. Notice of the time and place of such hear- 
 ing, if any, shall be given to the applicant and adverse parties, and to such other per- 
 sons as the commission may order. 
 
 Changing order, etc. Action within 30 days. 
 
 (f) If after such rehearing and a consideration of all the facts, including those 
 arising since the making of the order, decision or award involved, the commission shall 
 be of the opinion that the original order, decision or award, or any part thereof, is in 
 any respect unjust or unwarranted, or should be changed, the commission may abro- 
 gate, change or modify the same. An order, decision or award made after such rehear- 
 ing, abrogating, changing or modifying the original order, decision or award, shall have 
 the same force and effect as an original order, decision or award, but shall not affect 
 any riglit or the enforcement of any right arising from or by virtue of the original 
 order, decision or award, unless so ordered by the commission. An application for a 
 rehearing shall be deemed to have been denied by the commission unless it shall have 
 been acted upon within thirty days from the date of filing; provided, however, that the 
 commission may, upon good cause being shown therefor, extend the time within which 
 it may act upon such application for not exceeding thirty days. 
 
 Grounds for rehearing of order awarding compensation. 
 
 § 65. (a) At any time within twenty days after the service of any final order or 
 decision of the commission awarding or denying compensation, or arising out of or 
 incidental thereto, any party or parties aggrieved thereby may apply for such rehear- 
 ing upon one or more of the following grounds and upon no other grounds: 
 
 (1) That the commission acted without or in excess of its powers. 
 
 (2) That the order, decision or award was procured by fraud. 
 
 (3) That the evidence does not justify the findings of fact. 
 
 (4) That the applicant has discovered new evidence, material to him, which he could 
 not, with reasonable diligence, have discovered and produced at the hearing. 
 
 (5) That the findings of fact do not support the order, decision or award. 
 
 (b) Nothing contained in this section shall, however, be construed to limit the grant 
 of continuing jurisdiction contained in subsection (d) of section twenty of this act. 
 
 Grounds for rehearing of order not pertaining to compensation. 
 
 § 66. (a) At any time within twenty days after the service of any final order, decision, 
 rule or regulation, other than an order or award pertaining to compensation, any party 
 or parties, person or persons aggrieved thereby or otherwise affected, directly or indi- 
 rectly, may apply for such rehearing upon one or more of the following grounds and 
 upon no other grounds: 
 
 (1) That the commission acted without or in excess of its powers. 
 
 (2) That the order or decision was procured by fraud. 
 
 (3) That the order, decision, rule or regulation is unreasonable. 
 
 Right of commission to adopt new rules, etc. 
 
 (b) Nothing contained in this section shall be construed to limit the right of the 
 commission, at any time and from time to time, to adopt new or different rules or regu- 
 lations or new or different standards of safety, or to abrogate, change or modify any 
 existing m\e, regulation or standard, or any part thereof, or to deprive the commission 
 of continuing jurisdiction over the same, or to prevent the enforcement in the manner 
 provided by this act, of any rules, regulations or standards of the commission, or any 
 part thereof when so adopted, or changed, or modified.
 
 15f,3 MASTER AND SERVANT. Act 27S1, §§ 67, 68 
 
 Application for writ of review. 
 
 § 67. (a) Within thirty days after the application for a rehearing is denied, or, if the 
 application is granted, within thirty days after the rendition of the decision on the 
 rehearing, any party affected thereby may apply to the supreme court of this state, or 
 to the district court of appeal of the appellate district in which such person resides, 
 for a writ of certiorari or review, hereinafter referred to as a writ of review, for the 
 purpose of having the lawfulness of the original order, rule, regulation, decision or 
 award, or the order, rule, regulation, decision or award on rehearing inquired into and 
 determined. 
 
 Record of commission. 
 
 (b) Such writ shall be made returnable not later than thirty days after the date of 
 the issuance thereof, and shall direct the commission to certify its record in the case 
 to the court. On the return day the cause shall be heard in the court unless for good 
 cause the same be continued. No new or additional evidence may be introduced in such 
 court, but the cause shall be heard on the record of the commission as certified to by it. 
 The review shall not be extended further than to determine whether: 
 
 (1) The commission acted without or in excess of its powers. 
 
 (2) The order, decision or award was procured by fraud. 
 
 (3) The order, decision, rule or regulation was unreasonable. 
 
 (4) If findings of fact are made, such findings of fact support the order, decision or 
 award under review. 
 
 Judgment of court. 
 
 (c) The findings and conclusions of the commission on questions of fact shall be con- 
 clusive and final and shall not be subject to review ; such questions of fact shall include 
 ultimate facts and the findings and conclusions of the commission. The commission and 
 each party to the action or proceeding before the commission shall have the right to 
 appear in the review proceeding. Upon the hearing the court shall enter judgment 
 either affirming or setting aside the order, decision or award or may remand the case 
 for further proceedings before the commission. 
 
 Jurisdiction of courts limited. 
 
 (d) The provisions of the Code of Civil Procedure of this state relating to writs of 
 review shall, so far as applicable and not in conflict with this act, apply to proceedings 
 in the courts under the provisions of this section. No court of this state, except the 
 supreme court and the district courts of appeal to the extent herein specified, shall 
 liave jurisdiction to review, reverse, correct or annul any order, rule, regulation, decision 
 or award of the commission, or to suspend or delay the operation or execution thereof, 
 or to restrain, enjoin or interfere with the commission in the performance of its duties ; 
 provided, that a writ of mandamus shall lie from the supreme court or the district 
 courts of appeal in all proper cases. 
 
 Order, etc., suspended by application for rehearing. 
 
 § 68. (a) The filing of an application for a rehearing shall have the effect of sus- 
 pending the order, decision, award, rule or regulation affected, in so far as the same 
 applies to the parties to such application, unless otherwise ordered by the commission, 
 for a period of ten days, and the commission may, in its discretion and upon such 
 terms and conditions as it may by order direct, stay, suspend or postpone the same 
 during the pendency of such rehearing. 
 
 Stay of order by court. 
 
 (b) The filing of an application for, or the pendency of, a writ of review, shall not 
 of itself stay or suspend the operation of the order, decision, award, rule or regulation
 
 Act 2781, §§ 60, 70 GENERAL LAWS. 15S4 
 
 of the commission subject to review, but the court before which such application is filed 
 may, in its discretion, stay or suspend in whole or in part the opei-ation of the order, 
 decision, award, rule or regulation of the commission subject to review, upon such 
 terms and conditions as it may by order direct, except as provided in the following 
 subsection. 
 
 Written undertaking by petitioner. 
 
 (c) The operation of any order or award entered by the commission under the pro- 
 visions of sections six to thirty-one, inclusive, of this act, or any judgment entered 
 thereon, shall not at any time be stayed by the court to which petition is made for a 
 writ of review, unless a written undertaking be executed on the part of the petitioner 
 by two or more sureties, to the effect that they are bound in double the amount named 
 in such order, award or judgment; that if the order, award or judgment appealad from, 
 or any part thereof, be affimied, or the proceeding upon review be dismissed, the peti- 
 tioner shall pay the amount directed to be paid by the order, award or judgment, or the 
 part of such amount as to which the order, award or judgment is affirmed, if affirmed 
 only in part, and all damages and costs which may be awarded against the petitioner; 
 and that, if the said petitioner does not make such payment within thirty days after 
 the filing with the commission of the remittitur from the reviewing coui-t, judgment may 
 be entered, on motion of the adverse party, in his favor, and to which the said under- 
 taking may be transferred, in any superior court in which a certified copy of the order 
 or award may be filed against the sureties for such amount, together with interest that 
 may be due thereon, and the damages and costs which may be awarded against the said 
 petitioner. The provisions of the Code of Civil Procedure, except in so far as they may 
 be inconsistent with this act, are applicable to said undertaking. Such undertaking 
 shall be filed with the commission, and the certificate of the commission, or any proper 
 officer thereof, of the filing and approval of such undertaking, is sufficient evidence of 
 the compliance of the petitioner with the provisions of this subsection. 
 
 Interpretation by court. 
 
 § 69. (a) Whenever this act, or any part or section thereof, is interpreted by a court, 
 it shall be liberally construed by such court with the purpose of extending the benefits 
 of the act for the protection of persons injured in the course of their employment. 
 
 Constitutionality. 
 
 (b) If any section, subsection, subdivision, sentence, clause or phrase of this act is 
 for any reason held to be unconstitutional, such decision shall not affect the validity of 
 the remaining portions of this act. The legislature hereby declares that it would have 
 passed this act, and each section, subsection, subdivision, sentence, clause or phrase 
 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, 
 sentences, clauses or phrases is declared unconstitutional. 
 
 Employers engaged in interstate commerce. 
 
 (c) This act shall not be construed to apply to employers or employments which, 
 according to law, are so engaged in interstate commerce as not to be subject to the legis- 
 lative power of the state, or to employees injured while they are so engaged, except in 
 so far as this act may be permitted to apply under the provisions of the constitution 
 of the United States or the acts of congress. 
 
 Other employers may come under provisions of act. 
 
 § 70. (a) Any employer, having in his employment any employee not included within 
 the tei-m "employee" as defined by section eight of this act or not entitled to compen- 
 sation under this act, and any such employee, may, by their joint election, elect to come 
 under the compensation provisions of this act in the manner hereinafter provided.
 
 1585 MASTER AND SERVANT. Act 2781, § 71 
 
 (b) Such election on the part of the emplo3'er shall be made by filing with the com- 
 mission a written statement to the effect that he accepts the compensation provisions 
 of this act, which, when filed, shall operate, within the meaning of section six of this 
 act, to subject him to the compensation provisions thereof, and of all acts amendatory 
 thereof, for the term of one year from the date of filing, and thereafter without further 
 act on his part, for successive terms of one year each, unless such employer shall, at 
 least sixty days prior to the expiration of such first or succeeding year, file in the office 
 of the commission a notice in writing that he withdraws his election. Such acceptance 
 shall be held to include employees whose employment is both casual and not in the 
 course of the trade, business, profession or occupation of the employer, unless expressly 
 excluded therefrom. In case any employer is insured against liability for compensa- 
 tion under this act, he shall be deemed to have so elected during the period that such 
 policy shall remain in force, without filing such written notice with the commission, as 
 to all classes of employees covered by such policy of insui'ance, anything in this act to 
 the contrary notwithstanding. 
 
 Other employers subject to compensation privileges when. 
 
 (c) Any employee in the service of any employer who has made an election in either 
 of the modes above prescibed, shall be deemed to have accepted, and shall, within the 
 meaning of section six of this act, be subject to the compensation provisions of this act, 
 and of any act amendatory thereof, at the time of the injury for which liability is 
 claimed : 
 
 (1) The employer charged with such liability is subject to the compensation pro- 
 visions of this act, whether the employee has actual notice thereof or not; and 
 
 (2) Such employee shall not, at the time of entering into the employment, have given 
 to his employer notice in writing that he elects not to be subject to the compensation 
 provisions of this act; or, in the event that such employment was entered into in 
 advance of the election by the employer, such employee shall have given to his em- 
 ployei notice in writing that he elects to be subject to such provisions, or without giving 
 either of such notices, shall have remained in the service of such employer for five days 
 after the employer has filed his election, in which case the time at which the employee 
 becomes subject to said compensation provisions shall be deemed to be at the beginning 
 of said period. 
 
 State employments. 
 
 (d) The state, and all political or other subdivisions thereof, as defined in section 
 seven, and all state institutions, shall be conclusively presumed to have elected to come 
 within the provisions of this act as to all employments otherwise excluded from this 
 act. 
 
 Acceptance of act of 1913 continued. 
 
 (e) All written acceptances tiled by en^ployers with the commission prior to the tak- 
 ing effect of this act, accepting the provisions of the workmen's compensation, insur- 
 ance and safety act, chapter one hundred seventy-six, statutes of 1913, and all acts 
 amendatory thereof, shall, unless written notice be given to the contrary by said em- 
 ployer within sixty days after the taking effect of this act, be deemed acceptances of 
 the provisions of this act, and all acts amendatory thereof, in accordance with the pro- 
 visions of this section. 
 
 Repealed. Continued. 
 
 § 71. Sections two, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, 
 nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five. 
 
 Gen. Laws — 100
 
 Act 2781, §§ 72-T4 
 
 GENERAL, LAWS. 
 
 15Sfl 
 
 twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, 
 thirty-three, thirty-four, thirty-five, lifty-one, fifty-two, fifty-three, fifty-four, fifty-five, 
 fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one, sixty-two, sixty-three, sixty- 
 four, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy, seventy-one, sev- 
 entv-two, seventy-three, seventy-four, seventy-five, seventy-five a, seventy-six, seventy- 
 seven, seventy-eight, seventy-nine, eighty, eighty-one, eighty-two, eighty-three, eighty- 
 four ei"'htv-five, eighty-six and eighty-seven of chapter one hundred seventy-six, stat- 
 utes of 1913, and all other acts and parts of acts inconsistent herewith, are hereby 
 repealed" provided, that nothing contained in this act shall be construed as limiting or 
 repealing sections one, three, four, five, six, seven, eight, nine, ten, eleven, thirty-six, 
 thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty- 
 four,' forty-five, forty-six, forty-seven, forty-eight, forty-nine, fifty, eighty-eight and 
 ninety of the said chapter one hundred seventy-six, statutes of 1913. 
 
 Proceedings, etc., under act of 1913 not disturbed. 
 
 ^ 72. Nothing contained in this act shall be construed to limit, interfere with, dis- 
 turb, or render ineffective in any degree, any matter, proceeding or transaction pend- 
 ing, done or performed under the provisions of chapter one hundred seventy-six, stat- 
 utes of 1913, and all acts amendatory thereof, or supplementary thereto, by the indus- 
 trial accident commission, or any department or division thereof, or to affect any right 
 or liability accrued or accruing or to accrue under said acts, but each and every part 
 thereof are hereby expressly saved and continued under the jui'isdiction of said indus- 
 trial accident commission, with full power, authority and jurisdiction, and with the 
 right and duty in said industrial accident commission to fully administer and dispose 
 of the same. 
 
 [Compensation provisions have no retroactive effect.] 
 
 ^ 73. The compensation provisions of this act, except procedural provisions, shall 
 not apply to any injury sustained prior to the taking effect hereof. 
 
 In effect when. 
 
 ^ 7-i. This act shall take effect on the first day of January, 1918. 
 
 I. Constitutionality. 
 
 II. ROSEBERRY ACT. 
 
 III. Construction of Act. 
 rV. Liability for Compensatiow. 
 1. Employer. 
 
 a. In general. 
 
 b. Identity of employer. 
 
 c. "Gross negligence" — Serious and 
 
 willful misconduct of employer. 
 ff. IrxMirance carrier. 
 
 V. Right to Compensation. 
 
 I. Employee. 
 
 a. In general. 
 
 b. Employment. 
 
 c. Minors. 
 
 d. Official. 
 
 e. Independent contractor. 
 
 f. Partners as employees. 
 
 VI. Conditions of Compensation. 
 
 a. Arising out of employment. 
 
 b. Course of employment. 
 
 e. Proximately caused by employ- 
 ment. 
 
 VII. Conditions Avoiding Liability for 
 Compensation. 
 
 1. Excluded employments. 
 
 a. In general. 
 
 b. Domestic service, 
 
 c. Farm labor. 
 
 d. Horticulture. 
 
 e. Casual and not in usual course of 
 
 employer's business. 
 ' g. Serious and willful misconduct of em- 
 ployee. 
 
 Vm. Award of Compensation. 
 1. Compensation. 
 
 a. In general. 
 
 b. Medical and surgical treatment. 
 
 c. Death benefit. 
 
 d. Burial expenses. 
 
 e. Liens. 
 
 S. Computation. 
 
 a. Disability. 
 
 b. Earnings. 
 5. Dependency.
 
 J38T 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 IX. Payment of Compensation. 
 X. Practice and Pboceduke. 
 
 I. Jurisdiction. 
 
 a. In general. 
 
 b. Interstate commeree. 
 
 c. Maritime jurisdiction. 
 
 d. Extraterritorial. 
 g. Notice of injury. 
 
 5. Application. 
 
 4. Evidence. 
 
 6. Instructions, 
 
 6. Findings. 
 
 7. Orders. 
 
 8. Statute of limitations, 
 
 9. Judgment or award, 
 
 a. Finality and eonclusivenesa. 
 
 b. Alteration, amendment, etc. 
 
 10. Behearing. 
 
 II. Eeview. 
 
 XL Miscellaneous. 
 1. Belease. 
 
 5. Assignment of claim, 
 S. Sxbhrogation. 
 
 4. Election of remedies. 
 
 5. Action against tort-feasor. 
 
 6. Jurisdiction of state courts. 
 
 L Constitutionality. 
 
 1. Eoseberry act. 
 
 2. Same — Not "class legislation." 
 
 3. Same — Jurisdiction of supreme 
 
 court. 
 Same — Industrial Accident Com- 
 mission validly constituted. 
 Act of 1913. Not unconstitutional 
 
 as to payment to aliens. 
 Same — Not inimical to federal con- 
 stitution. 
 Same — Provision as to death bene- 
 fits constitutional. 
 Same — Valid marriage immaterial 
 to dependency. 
 Object of constitutional amendment. 
 Same — Discrimination as to burial 
 
 expenses. 
 Same — "Due process." 
 Same — Same — Employer's freedom 
 from liability not a property 
 right. 
 Same— Same — Change of existing 
 
 rules as to liability. 
 Same — ' ' Classification. ' ' 
 Same — Same — Exception from 
 
 benefits of certain classes. 
 Same — Extra hazardous occupa- 
 tions. 
 Same — Legislative power to create 
 
 new liability. 
 Same — ^Legislative power — Injuries 
 outside of employment. 
 18a, 18b. Same — Same — Settlement of dis- 
 putes arising under the consti- 
 tutional provision only. 
 19- 19b. Same — Same— Settlement of dis- 
 putes other than those between 
 employer and employee. 
 
 20. Same — Legislative power _ to vest 
 commission with judicial func- 
 tions. 
 
 21. Same — Subsection 17 (a) (3). 
 
 4. 
 
 6. 
 
 8. 
 
 9. 
 
 10. 
 
 11. 
 
 12. 
 
 13. 
 
 14. 
 
 15. 
 
 16. 
 17. 
 18. 
 
 22. Same — Hearsay testimony. 
 
 23. Act of 1917— Increase of compen- 
 
 sation for serious and wilful mis- 
 conduct of employer. 
 
 24. Same— Sections 25 and 58 not vio- 
 
 lative of federal or state consti- 
 tutions. 
 
 25. Same— Section 30 — Liability of 
 
 third persons. 
 26- 32. Same— Extra territorial operation. 
 
 33. Same — Imposes charge on industry, 
 
 not on individual. 
 
 34. Same — Section 8b— Definition of 
 
 "independent contractor." 
 
 35. Same— Same— ' ' Employers, "" em- 
 
 ployees," "employment." 
 
 36. Same — Same. 
 
 1. Roseberry act. — The general scheme 
 of the workmen's compensation act of 1911 
 (Stats. 1911, p. 796) is constitutional, the 
 provisions allowing awards for death bene- 
 fits are valid, and the act authorizes awards 
 for injuries received by mariners in navi- 
 gable waters.— North Pacific S. S. Co. v. In- 
 dustrial Ace. Com., 174 Cal. 500, 501. 163 
 Pac. 910. 
 
 2. Same — Not "class legislation." — The 
 Roseberry act is not "class legislation" and 
 not unconstitutional on that ground. — Blox- 
 ham V. Tehama, etc., Co., 29 Cal. App. 326, 
 155 Pac. 654. 
 
 3. Same — Jurisdiction o£ supreme court. 
 In the absence of some special constitu- 
 tional authorization — and there was none 
 such when the Roseberry act was passed — 
 the constitutional jurisdiction of the su- 
 preme court could not be taken away or 
 impaired by legislative act. — Great Western 
 Power Co. v. Pillsbury, 170 Cal. 180, 182, 
 149 Pac. 35. 
 
 4. Same — Industrial accident commission 
 validly con.stituted. — The industrial accident 
 commission is a validly constituted com- 
 mission empowered to apply the Roseberry 
 act to cases arising before January 1, 1914. 
 — Great Western Power Co. v. Pillsbury, 
 170 Cal. 180, 182, 149 Pac. 35. 
 
 5. Act of 1913 — Not unconstitutional as 
 to payment to aliens. — The workmen's com- 
 pensation, insurance and safety act of 1913 
 is not unconstitutional because of a require- 
 ment as to payment to aliens. — Western 
 Metal Supply Co. v. Pillsbury, 172 Cal. 407. 
 414, Ann. Cas. 1917B, 390, 156 Pac. 491. 
 
 6. Same — Not inimical to federal consti- 
 tution. — The provisions in the workmen's 
 compensation, insurance and safety act of 
 1913, relative to death benefits are not 
 inimical to the federal constitution. — West- 
 ern Metal Supply Co. v. Pillsbury, 172 Cal. 
 407, 414, Ann. Cas. 1917E, 390, 156 Pac. 491. 
 
 See, also, Kirkpatrick v. Industrial Acci- 
 dent Commission, 31 Cal. App. 668, 161 Pac. 
 274. 
 
 7. Same — Provision as to deatb benefits 
 constitutional. — The provision for death 
 benefits to dependents in the act of 1913, 
 is constitutional. — Kirkpatrick v. Industrial 
 Accident Commission, 31 Cal. App. 668, 161 
 Pac. 274. 
 
 See, also. Western, etc., Co. v. Pillsbury,
 
 kct 2781 
 
 GENERAL, LAWS. 
 
 1588 
 
 172 Cal. 407, Ann. Cas. 1917E, 390, 156 Pac. 
 491. 
 
 8. Same — Valid marriagre immaterial to 
 ileiiendency. — The legislature had the right 
 to make the requirement of a valid mar- 
 riage inapplicable in determining the ques- 
 tion of dependency. — Temescal Rock Com- 
 pany V. Industrial Accident Co., 180 Cal. 
 637, 182 Pac. 447; (Rodriguez v. Temescal 
 Rock Company, 5 I. A. C. Dec. 202.) 
 
 9. Object of constitutional amendment. — 
 The object and purpose of section 21, ar- 
 ticle 20, of the constitution, was to estab- 
 lish the authority of the legislature to pass 
 laws making the relation of employer and 
 employee subject to a system of rights and 
 disabilities different from those prevailing 
 at the common law, and it is to be given 
 a reasonable interpretation. — Western Metal 
 Supply Co. v. Pillsbury, (Cal.) 3 I. A. C. 
 Dec. 109 (Mason v. Western, etc., Co., 1 
 I. A. C. Dec. 284). 
 
 10. Same — Di.scrimination as to burial 
 e:xi»eii»es. — The legislature had power to 
 make a discrimination in allowing burial 
 expenses in cases of partial dependency and 
 not in cases of total dependency, and the 
 provisions of the act in that respect are 
 not invalid. — Northern, etc., Co. v. Indus- 
 trial Accident Commission, 34 Cal. App. 2, 
 166 Pac. 828. 
 
 11. Same — "Due process." — The act of 
 1913 is held not violative of the "due proc- 
 ess" and "equal protection" clauses of the 
 federal constitution, and to be a valid exer- 
 cise of the police power. — Western Indem- 
 nity Co. V. Pillsbury, 170 Cal. 686, 701, 151 
 Pac. 398. 
 
 12. Same — Same ^ Employer's freedom 
 from liability not a property right. — Free- 
 dom from liability on the part of an em- 
 ployer who has been guilty of no fault is 
 not a fundamental property right. — Western 
 Indemnity Co. v. Pillsbury, 170 Cal. 686, 696, 
 151 Pac. 398. 
 
 13. Same — Same — Change of existing 
 rules as to master's liability. — A law which 
 disturbs no vested right of property, which 
 is not retroactive in its operation upon the 
 conduct of persons, but which, looking to 
 the future merely changes the existing 
 rules governing the liability of masters for 
 injuries caused by accidents occurring to 
 their servants while in the service, does not 
 come within the scope of the fourteenth 
 amendment. — Western Indemnity Co. v. 
 Pillsbury, 170 Cal. 686, 698. 151 Pac. 398. 
 
 14. Same — "Classification." — The classi- 
 fication of the legislature in excluding cer- 
 tain kinds of employees from the benefit of 
 the act is held to be reasonable, and not 
 arbitrary. — Western Indemnity Co. v. Pills- 
 bury, 170 Cal. 686, 702, 151 Pac. 398. 
 
 15. Same — Same — Exception from bene- 
 fits of certain classes. — The exception of 
 casual, farm, and other employees from the 
 benefit of the act does not make the Boyn- 
 ton act special legislation, and does not in- 
 validate the act as a non-compliance with 
 the provisions of section 21, article XX, of 
 the constitution. — Western Indemnity Co. v. 
 
 Pillsbury, 170 Cal. 686, 701, 702, 151 Pac. 
 398. 
 
 IG. Same — Extra hazardous occupations. 
 
 — The fact that the act is not limited in 
 its application to extra hazardous occupa- 
 tions is immaterial so far as concerns the 
 fourteenth amendment. — Western Indem- 
 nity Co. v. Pillsbury, 170 Cal. 686, 699, 151 
 Pac. 398. 
 
 17. Same — I^egislatlve poTver to create 
 new liability. — Section 21, article XX, of 
 the constitution measures and limits the 
 power to create a new liability arising out 
 of the relations of employer and employee 
 and a tribunal to settle disputes arising 
 out of such to be created liability. — Pacific 
 Coast Casualty Co. v. Pillsbury, 171 Cal. 
 319, 322, 153 Pac. 24. 
 
 18. Same — Legislative po^ver — Injuries 
 outside of employment. — If the provisions 
 of paragraph (e) of section 16 of the act 
 constitute an exception to the rule of com- 
 pensation which exclude all other excep- 
 tions, and authorize the commission to 
 award compensation for subsequent in- 
 juries not occurring during the employment, 
 it is beyond the authority given the legis- 
 lature by the constitution, and that para- 
 graph must be construed so as to have no 
 effect whatever upon the question of com- 
 pensation for such injuries that do not oc- 
 cur during the employment, except when 
 the complication named arises. — Pacific 
 Coast Casualty Co. v. Pillsbury, 171 Cal. 
 319, 324, 153 Pac. 24. 
 
 18a. Same — Same — Settlement of dis- 
 putes arising under the constitutional pro- 
 vision only. — The legislature is empowered 
 to provide for the settlement of disputes 
 only which are contemplated by section 21, 
 article XX, of the constitution. — Western 
 Metal Supply Co. v. Pillsbury, 172 Cal. 407, 
 156 Pac. 491; Carstens v. Pillsbury, 172 Cal. 
 572, 158 Pac. 218. 
 
 ISb. Section 25 of the act of 1917 is un- 
 constitutional in so far as it attempts to 
 authorize the commission to award com- 
 pensation against a third person not an 
 employer. — Perry v. Industrial Accident 
 Commission, 180 Cal. 497, 181 Pac. 788, 789; 
 Pacific Gas and Electric Co. v. Industrial 
 Accident (;;ommission, 180 Cal. 497, 180 Pac. 
 788, 789; Kendall v. Perry, 5 I. A. C. Dec. 
 167. 
 
 19. Same — Same — Settlement of disputes 
 other than those betw-een employer and em- 
 ployee. — The legislature can not empower 
 the commission to settle disputes and al- 
 low compensation from an employer to a 
 person who has been or is an employee, for 
 a personal injury which was not incurred 
 by him "in the course of" his employment, 
 or which happened after the employment 
 had ceased and was not the natural and 
 proximate result of the employment, or of 
 some injury which did occur in the course 
 of his employment. — Pacific Coast Casualty 
 Co. V. Pillsbury, 171 Cal. 319, 322, 153 Pac. 
 24. 
 
 19a. The provisions of section 21, article 
 XX, of the constitution, grants the power 
 to confer judicial power upon the commis-
 
 15S0 
 
 MASTER AND SERVAXT. 
 
 Act 2781 
 
 sion "to create and enforce a liability on 
 the part of all employers" only, and this 
 does not include the power to create and 
 enforce the liability of any person not an 
 employer. — Carstens v. Pillsbury, 172 Cal. 
 572. 158 Pac. 218. 
 
 19b. The amendment of section 21, article 
 XX, of the constitution, does not ratify the 
 legislation in section 30 of the act of 1913, 
 which was held unconstitutional in Car- 
 stens V. Pillsbury, 172 Cal. 572, 158 Pac. 218; 
 Perry v. Industrial Accident Commission, 
 180 Cal. 497, 181 Pac. 788, 789; Pacific Gas 
 and Electric Co. v. Industrial Accident 
 Commission, 180 Cal. 497, 181 Pac. 788, 789. 
 (Kendall v. Perry, 5 I. A. C. Dec. 167.) 
 
 20. Same — Le^slative poTver to vest 
 commission vrith judicial fanctions. — The 
 power to determine the existence of a right 
 to an award and to fix the amount thereof 
 is a judicial power which, in view of sec- 
 tion 1, article VI, of the constitution, in the 
 absence of a special enabling provision of 
 the constitution, the legislature can not 
 vest in the commission in the absence of a 
 special enabling provision therefor, and 
 such provision is found in section 21, ar- 
 ticle XX, of the constitution. — Western 
 Metal Supply Co. v. Pillsbury, 172 Cal. 407, 
 410, Ann. Cas. 1917E. 390, 156 Pac. 491, 3 
 I. A. C. Dec. 109 (Mason v. Western Metal, 
 etc., Co., 1 I. A. C. Dec. 284). 
 
 21. Same — PoTver of legislature to pro- 
 vide for death benefits. — Independently of 
 section 21, article XX, of the constitution, 
 the commission has no power to make an 
 award against an employer in favor of the 
 dependents of a deceased employee, where 
 death is the result of accident. — Western 
 Metal Supply Co. v. Pillsbury, 172 Cal. 407, 
 410, Ann. Cas. 1917E, 390, 156 Pac. 491, 3 
 I. A. C. Dec. 109 (Mason v. Western Metal, 
 etc., Co., 1 I. A. C. Dec. 284). 
 
 21. Same — Subsection 17 (a) (3). — Sub- 
 section 17 (a) (3) of the act of 1913 as 
 amended in 1915 is not unconstitutional as 
 a grant of legislative power to the indus- 
 trial accident commission in permitting 
 such body to fix the multiplier in comput- 
 ing annual earnings, but is a grant of ju- 
 dicial power. — City of Los Angeles v. In- 
 dustrial Accident Commission, 25 Cal. App. 
 Dec. 100, 4 I. A. C. Dec. 227. 
 
 22. Same — Hearsay testimony. — The pro- 
 visions of section 77 (a) of the act of 1913 
 as amended in 1915, permitting hearsay 
 testimony of statements made by a de- 
 ceased employee relating directly to his in- 
 jury, are constitutional. ^-Western Indem- 
 nity Co. V. Industrial Accident Commission, 
 174 Cal. 315, 163 Pac. 60, 4 I. A. C. Dec. 39. 
 
 23. Act of 1917 — Increase of compensa- 
 tion for serious and trilful misconduct of 
 employer. — The provisions of section 6b of 
 the act for the increase of compensation by 
 one-half where the injury was caused by 
 the serious and wilful misconduct of the 
 employer are constitutional. — Horst Co. v. 
 Industrial Accident Commission, (Cal.) 193 
 Cal. 105. 
 
 24. Same — Sections 25 and 58 not viola- 
 tive «f federal or state constitution. — Sec- 
 
 tion 58 of the act is not violative of sec- 
 tion 10, of article I, section 2, of article IV, 
 or section 1, of article XIV, of the amend- 
 ments of the federal constitution, and sec- 
 tion 25 of the act Is not violative of sec- 
 tion 21, of article XX, of the constitution 
 of California. — Owe Ming v. Alaska Pack- 
 ers Association, 6 I. A. C. Dec. 67. Award 
 in this case annulled by the supreme court 
 on ground of unconstitutionality of section 
 58 (?). 
 
 25. Same — Section 30 — Liability of third 
 persons. — Under the constitution the legis- 
 lature has no power to confer judicial au- 
 thority to inquire into, determine and en- 
 force liability under section 30, workmen's 
 compensation, insurance and safety act. in 
 favor of an employee against persons other 
 than his immediate employee. — Thaxter v. 
 Finn, 178 Cal. 270, 272, 173 Pac. 163. 
 
 26. Same — Extra-territorial operation. — - 
 The legislature has power to provide for the 
 creation of a compulsory obligation to com- 
 pensate for an injury suffered elsewhere as 
 an incident of a contract of employment 
 entered into In this state, whether the con- 
 tracting employee be a citizen of this state 
 or not. — Quong Ham Wah Co. v. Industrial 
 Accident Commission (Cal.), 6 I. A. C. Dec. 
 248 (Owe Ming v. Alaska Packers Associa- 
 tion, 6 I. A. C. Dec. 67). 
 
 27. Section 58 of the act of 1917 is un- 
 constitutional. — Quong Ham Wah Co. v. 
 Industrial Accident Commission (Cal.), 6 
 I. A. C. Dec. 248 (Owe Ming v. Alaska 
 Packers Association, 6 I. A. C. Dec. 67). 
 
 28. Inasmuch as a non-resident, under 
 the act has no standing before the commis- 
 sion or before any California court, to make 
 a claim for compensation under the act, no 
 member of the class discriminated against 
 in section 58 of the act can ever raise the 
 constitutional question, and, therefore, any 
 person whose rights are directly affected 
 thereby may assail its constitutionality. — 
 Quong Ham Wah Co. v. Industrial Acci- 
 dent Commission, 59 Cal. Dec. 18, 6 I. A. C. 
 Dec. 248 (Owe Ming v. Alaska etc., 6 I. A. C. 
 Dec. 67). 
 
 Affirmed on rehearing as to right of em- 
 ployer to raise constitutional question. — 
 Quong Ham Wah Co. v. Industrial Accident 
 Commission (Cal.), 192 Pac. 1021. 
 
 29. The fact that a person's own rights 
 are directly affected entitles him to attaclc 
 the constitutionality of the act. — Quong 
 Ham Wah Co. v. Industrial Accident Com- 
 mission (Cal.), 6 I. A. C. Dec. 248 (Owe 
 Ming V. Alaska Packers Association, 6 
 I. A. C. Dec. 67). 
 
 But see Estabrook Co. v. Industrial Acci- 
 dent Commission, 177 Cal. 767, 769, 177 Pac. 
 848. 
 
 30. Section 58 of the act of 1917 so far 
 as it attempts to provide a substantial 
 privilege as an incident to a contract of 
 employment in this state to citizens of this 
 state, and that such privilege shall not be 
 incident to identical contracts entered into 
 in this state by citizens of other states, is 
 in contravention of the equal privileges and 
 immunities clause of the federal constitu-
 
 Act 2781 
 
 GENERAL. LAWS. 
 
 1500 
 
 tion.— Qiionp Ham TVah Co. v. Industrial 
 Accident Commission (Cal.) 192 Pac. 1021. 
 
 32. Section 58 of the net of 1017 is not 
 invalid because in contravention of the 
 equal privileges and immunities clause of 
 the constitution of the United States, but 
 the effect of that clause is merely to ex- 
 tend the operation of that section so as to 
 give the residents of other states the same 
 privileges, without regard to the Intent of 
 the legislature. — Quong Ham Wah Co. v. 
 Industrial Accident Commission (Cal.), 192 
 Pac. 1021. 
 
 3.1. Same — Iniiioses charge on Industry 
 not on individual. — The act is constitutional 
 only because it imposes a charge upon the 
 branch of industry and not upon the indi- 
 vidual employer, and gives the latter an op- 
 portunity to protect himself by insurance. — 
 Miller & Lux, Inc., v. Industrial Accident 
 Commission, 179 Cal. 764, 7 A. L. R. 1191, 
 178 Pac. 960, 6 I. A. C. Dec. 34. 
 
 34. Same — Section Sb — Definition of "in- 
 dependent contractor.'*— The effect of the 
 definition of "independent contractor," as 
 given In section 8(b) of the act of 1917, is 
 to restrict that term and enlarge corre- 
 spondingly the meaning of the term "em- 
 ployee." and to extend the jurisdiction of 
 the commission beyond the limits of the 
 original constitutional grant of section 21, 
 article XX, of the constitution. — Flickenger 
 V. Industrial Accident Commission, 58 Cal. 
 Dec. 374, 184 Pac. 851, 6 I. A. C. Dec. 169 
 (Reeves v. Flickenger, 5 Cal. App. Dec. 127, 
 5 I. A. C. Dec. 173, 6 I. A. C. Dec. 11). 
 
 .I.T. Same — Same — "Employers," "em- 
 ployees," "employment." — The terms "em- 
 ployers," "employees," and "employment," 
 as used in the 1911 amendment to section 
 21, article XX, of the constitution, must be 
 construed in the light of their meaning at 
 the time of the adoption of that amendment, 
 and can not be extended by legislative 
 definition. — Flickenger v. Industrial Acci- 
 dent Commission, 58 Cal. Dec. 374, 185 Pac. 
 851, 6 I. A. C. Dec. 1G9 (Reeves v. Flick- 
 enger, 28 Cal. App. Dec. 127, 5 I. A. C. Dec. 
 173, 6 I. A. C. Dec. 11). 
 
 3«. Same — Same. — The amendment of 
 November 5, 1918, of section 21, article XX, 
 of the constitution, did not validate section 
 8 (b) of the act. — Simpson v. Decker, 6 
 
 I. A. C. Dec. 216. 
 
 II. KOSEBERRY ACT. 
 
 37- 39. Kequires election of both employer 
 and employee. 
 
 40. State not liable. 
 
 41. State not liable as an employer. 
 41a. No rig^ht of action against a mu- 
 nicipality. 
 
 42. Liability of employer — Negligence 
 
 of physician. 
 
 43. Act compensates injury in course 
 
 of employment. 
 
 44. Injury while performing, under em- 
 
 ployer's order, services outside 
 employment. 
 45, 46. Assumption of risk abolished. 
 47. Same — Not a defense. 
 
 48- 49a. Employee no longer assumes known 
 hazard. 
 
 50. Assumption of risk presupposes 
 
 emploj'er's negligence. 
 
 51. Same — Negligence of employer not 
 
 shown. 
 
 52. Defenses of assumption of risk and 
 
 fellow servant's negligence not 
 available. 
 
 53. Negligence of fellow servant ia 
 
 negligence of employer. 
 
 54. Employer responsible for negligence 
 
 of fellow servant and unsafe 
 place of employment. 
 65. Employer liable where injured em- 
 employee had direction and 
 control of negligent co-employee. 
 
 56, 56a. Contributory negligence does not 
 bar recovery. 
 
 57- 59. Same — Where employee 's negli- 
 gence slight and employer's gross 
 by comparison. 
 
 60. Same — Same — Diminish damages 
 
 proportionately. 
 
 61. Same — Defense not destroyed by 
 
 the act. 
 
 62. Question of proportionate negli- 
 
 gence for the jury. 
 
 63. Instruction as to definition of 
 
 gross negligence. 
 
 64. Instruction as to law of propor- 
 
 tionate negligence. 
 
 65. Contributory negligence without 
 
 fault of employer. 
 
 66. Contributory negligence — Slight 
 
 negligence of employer. 
 
 67. Contributory negligence — Violation 
 
 of statute — Conclusive presump- 
 tion. 
 68, 69. Same — Violation of stature proxi- 
 mate cause of injury. 
 
 37. Requires election of both employer 
 and employee. — The application of the em- 
 ployees' liability act of 1911, depends upon 
 the election of both employer and employee. 
 — Miller v. Pillsbury, 164 Cal. 199, 203, Ann. 
 Cas. 1914B, 886, 128 Pac. 327. 
 
 38. The Roseberry act (Stats. 1911. p. 
 796) is elective or optional, and requirea 
 both parties to a contract of employment 
 to elect to come under the act. — Miller v. 
 Pillsbury, 164 Cal. 199, Ann. Cas. 1914B, 
 886, 128 Pac. 327. 
 
 30. The Roseberry act made application 
 to the system of compensation for acci- 
 dental injuries adopted by it, elective. — 
 Great Western Power Co. v. Pillsbury, 170 
 Cal. 180, 183, 149 Pac. 35. 
 
 40. State not liable. — A sovereign state 
 can not be required to compensate em- 
 ployees for injuries received in its service, 
 and no right of recovery against it for such 
 injuries, in the absence of statute. — Miller 
 v. Pillsbury, 164 Cal. 199. Ann. Cas. 1914B, 
 886, 128 Pac. 327. 
 
 41. State not liable as employer. — The 
 state of California is not an employer with- 
 in the meaning of the employer's liability 
 act of 1911, and is not bound by the pro- 
 visions of section 4 thereof to make com- 
 pensation to an employee for personal in-
 
 1591 
 
 MASTKR AXD SKRVAIVT. 
 
 Act 2TS1 
 
 juries. — Miller v. Pillsburj-, 164 Cal. 199, 
 201, Ann. Cas. 1914B, 886. 128 Pac. 327. 
 
 41a. No rigplit of action against a mu- 
 nicipality. — No right of action is given by 
 the act of 1911 (1115) against a munici- 
 pality for a personal injury except where 
 the officer charged with the duty of re- 
 pairing a street should be innocent of 
 knowledge or notice of the condition of the 
 street from which the accident became pos- 
 sible. — Coffey V. City of Berkeley, 170 Cal. 
 258, 262, 149 Pac. 559. 
 
 42. Liability of employer — Xegligence of 
 physician. — The liability of an employer, 
 under the Roseberry act and at common 
 law, for the negligence of a physician en- 
 gaged by him to treat his employee is sec- 
 ondary, and depends upon the showing of 
 negligence on the part of the physician. — 
 Foreman v. Hunter Lumber Co., 36 Cal. 
 App. 763, 173 Pac. 408. 
 
 43. Act compensates injury in course of 
 employment. — When the Roseberry act 
 limits its protection to an employee who 
 shall sustain injury "while engaged in the 
 line of his duty or in the course of his em- 
 ployment as such" it means no more than 
 to deny the right to involve the act to one 
 w^ho, during the hours of his employment, 
 is engaged in some undertaking which is 
 not a part of his duty under his employ- 
 ment, as where he occupied in affairs of his 
 own, or where he undertakes something 
 not in the course of his duty, as a mere 
 volunteer. — Burian v. Los Angeles Cafe Co., 
 173 Cal. 625, 628, 161 Pac. 4. 
 
 44. Injury vihile performing', unrter em- 
 ployer's order, services outside employment. 
 — Where an employee was performing serv- 
 ices imposed upon him by his employer 
 under circumstances moving him to under- 
 take them, he is entitled to the remedial 
 provisions of the Roseberry act, although 
 such services were outside the duties of 
 his usual vocation and employment. — 
 Burian v. Los Angeles Cafe Co., 173 Cal. 
 625, 627, 161 Pac. 4. 
 
 45. Assumption of risic abolished. — The 
 provision of section 1 of the employer's 
 liability act of 1911 (Stats. 1911, p. 796), 
 abolishing the doctrine of assumption of 
 risk, applies to all actions based on the 
 negligence of the employer brought by an 
 employee, irrespective of whether the par- 
 ties elected to come under the act or not. — 
 Hughes V. Warman Steel Casting Co., 174 
 Cal. 556, 565, 163 Pac. 885. 
 
 46. Under the Roseberry act the assump- 
 tion of risk of a known hazard is not a 
 defense to a claim for damages for personal 
 injuries by an employee against an em- 
 ployer. — Earl V. San Francisco Bridge Co., 
 31 Cal. App. 339, 160 Pac. 570; Reynolds v. 
 E. Clemens Horst Co., 35 Cal. App. 711, 170 
 Pac. 1082. 
 
 47. Same — Not a defense. — A right of 
 action for the death of a mining employee 
 can not, in view of the employer's liability 
 act of 1911, be defeated on the ground of 
 employee's assumption of risk. — Crabbe v. 
 Mammoth, etc., Co., 168 Cal. 500, 502, 143 
 Fac. 714. 
 
 48. Employee no longer assuntes kno'wn 
 
 hazard. — Where an employee's work re- 
 quired him to pass over boards temporarily 
 laid for construction work and not for use 
 as a platform or place for the workmen to 
 walk, in using such boards for purposes of 
 passing he did not, since the enactment of 
 the Roseberry act, assume the risk of theii' 
 unsafe condition. — Morrill v. Stone & Web- 
 ster, etc., Co., 177 Cal. 199, 170 Pac. 405. 
 
 49. An employee did not, under the Rose- 
 berry act, assume the risk arising from 
 the dangers of the place in w^hich he was 
 at work. — Nolen v. F. O. Engstrum Co., 175 
 Cal. 464, 166 Pac. 346. 
 
 49a. In an action by a fireman against 
 a railroad company for Injuries caused by 
 a permanent signboard maintained by the 
 company so close to the track as to strike 
 the plaintiff while performing service on a 
 passing engine, it was proper, under the 
 Roseberry act (1911-796) to give an instruc- 
 tion that the fireman did not assume the 
 risk of the unsafe position of the sign 
 unless he fully understood, comprehended 
 and appreciated the dangers incident there- 
 to. — Humphfres v. Western Pacific Ry. Co., 
 173 Cal. 428, 430, 160 Pac. 415. 
 
 50. Assumption of risk presupposes em- 
 ployer's negligence. — Assumption of risk 
 by an employee presupposes and must be 
 based upon some act of negligence on the 
 part of the employer. — Burian v. Los An- 
 geles Cafe Co., 173 Cal. 625, 628, 161 Pac. 4. 
 
 51. Same— Negligence of employer not 
 shown. — An employer restaurant owner is 
 not guilty of negligence in directing a 
 minor employed by him as a waiter, doing 
 the work and getting the wages of an 
 adult, to carry a hundred and fifty pound 
 box, without giving him assistance or warn- 
 ing him of the danger of injury in doing 
 so. — Burian v. Los Angeles Cafe Co., 173 
 Cal. 625, 629, 161 Pac. 4. 
 
 52. Defenses of assumption of risk and 
 fello^v servant's negligence not available. 
 — The defenses of assumption of risk and 
 negligence of a fellow servant were not 
 available to a defendant employer under 
 the employer's liability act of 1911 (Stats. 
 1911, p. 796). — Scherer v. Danziger, 178 Cal. 
 253, 255, 173 Pac. 85. 
 
 53. Negligence of fello^v servant is neg- 
 ligence of employer. — In view of the em- 
 ployer's liability act (1911-796) negligence 
 of fellow servant is the negligence of the 
 employer, and not a defense in action by 
 an employee for personal injuries. — Scott 
 v. McPherson, 168 Cal. 783, 785, 145 Pac. 
 529. 
 
 54. Employer responsible for negligence 
 of felloTt' servant and unsafe place of em- 
 ployment. — Under the act of 1911 (796), an 
 employer is responsible for an injury to an 
 employee resulting from the negligence of 
 a co-employee, and for all dangers arising 
 from the employment itself and the place 
 where it was carried on. — Lassen v. South- 
 ern Pacific Co., l73 Cal. 71, 72, 159 Pac. 143. 
 
 55. Employer liable vyhere injured em- 
 ployee had direction and control of negli- 
 gent co-employee. — Under the Roseberry
 
 Act 2781 
 
 GENERAL! LAWS. 
 
 1592 
 
 act, abolishing the fellow servant defense, 
 an employer is liable for injury resulting 
 from the negrligence of a fellow servant, 
 notwithstanding the fact that the injured 
 employee had the direction and control of 
 his culpable fellow employee. — Gibson v. 
 Kennedy, etc., Co., 172 Cal. 294. 302, 156 
 Pac. 56. 
 
 56. Contributory negrllffenoe does not bar 
 recovery. — An employee's right of action 
 was not destroyed by the fact of contribu- 
 tory negligence, under the employer's lia- 
 bility act of 1911 (Stats. 1911, p. 796).— 
 Scherer v. Danziger, 178 Cal. 253. 255, 173 
 Pac. 85. 
 
 56a. Under the act of 1011 (796) the con- 
 tributory negligence of an employee does 
 not bar recovery against his employer for 
 an injury caused by the latter's or a co- 
 employee's negligence, if it was slight and 
 that of the employer or co-employee w.as 
 gross by comparison, but the jury may 
 diminish the amount of the recovery in 
 proportion to the negligence charged to 
 him. — Lassen v. Southern Pacific Co, 173 
 Cal. 71, 73. 159 Pac. 143. 
 
 57. Same— Where employee's negligence 
 ■light and employer's gross by comparison. 
 — Under the Roseberry act contributory 
 negligence does not bar a recovery where it 
 is slight and that of the employer gross by 
 comparison, but the damages may be di- 
 minished by such contributory negligence. 
 — Tubbs V. Stone & Webster, etc.. Co., 30 
 Cal. App. 705. 159 Pac. 242; Gideon v. How- 
 ard, 33 Cal. App. 5, 164 Pac. 11; Lincoln v. 
 Pacific Electric Ry. Co., 33 Cal. App. 83, 91. 
 164 Pac. 412; West v. Jesse A. Linney & Co., 
 33 Cal. App. 164, 164 Pac. 608. 
 
 58. Where an employee's contributory 
 negligence was slight and his employer's 
 gross by comparison, his right of recovery 
 is not barred completely, under the Rose- 
 berry act. — Cozad v. Raisch Improvement 
 Co., 175 Cal. 619, 166 Pac. 1000. 
 
 59. Under the employer's liability act of 
 1911 (Stats. 1911, p. 796) an employee was 
 entitled to recover, even though guilty 
 of contributory negligence, if such con- 
 tributory negligence was slight and that of 
 the employer gross by comparison. — 
 Scherer v. Danziger. 178 Cal. 253, 256, 173 
 Pac. 85. 
 
 60. Same — Same — Diminish damages pro- 
 portionately. — Under employer's liability 
 act of 1911 (Stats. 1911. p. 796) an employee 
 could recover notwithstanding his contribu- 
 tory negligence, the jury being permitted 
 to diminish the damages "in proportion to 
 the amount of negligence attributable to 
 such employee." — Scherer v. Danziger, 178 
 Cal. 253, 256. 173 Pac. 85. 
 
 61. Same — Defense not destroyed by the 
 act. — The defense of contributory negli- 
 gence was not destroyed by the Roseberry 
 act, but on the contrary the act clearly 
 recognizes such defense. — Schuh v. R. H. 
 Herron Co.. 177 Cal. 13. 19, 169 Pac. 682. 
 
 62. Question of proportionate negligence 
 for the Jury. — The question whether a 
 plaintiff employee was guilty of such gross 
 negligence as to bar him from recovery 
 
 under the Roseberry act (Stats. 1911. p. 
 796), in view of the evidence as his inex- 
 perience and disregard of directions of his 
 superior, was a question for the jury. — 
 McGuire v. Miller & Lux. 178 Cal. 644. 645, 
 174 Pac. 898. 
 
 63. Instruction as to definition of "gross 
 negligence." — It was not error in an in- 
 struction on the law of contributory negli- 
 gence, ajs qualified by the Roseberry act, 
 to omit a definition of "gross" negligence, 
 in the absence of a request for a more 
 definite instruction. — Bruce v. Western, etc., 
 Co., 177 Cal. 25. 169 Pac. 660. 
 
 64. Instruction as to la^v of proportion- 
 ate negligence. — It is proper, under the 
 Roseberry act (1911-796) to instruct a jury 
 in an action by an employee against an 
 employer, to the effect that plaintiff's con- 
 tributory negligence, if any, shall not bar 
 a recovery where such contributory negli- 
 gence was slight and that of the employer 
 gross by comparison, but that the damages 
 might be diminished by the Jury in pro- 
 portion to the amount of negligence at- 
 tributable to such employee. — Humphfres v. 
 Western Pacific Ry. Co., 173 Cal. 428. 436, 
 160 Pac. 415. 
 
 63. Contributory negligence vtithout 
 fault of employer. — The Roseberry act does 
 not impose liability on an employer for in- 
 jury to an employee due solely to the lat- 
 ter's own negligence and without the fault 
 of the former. — Spivok v. Independent Sash 
 and Door Co., 173 Cal. 438. 440, 160 Pac. 
 565. 
 
 66. Contributory negligence — Slight neg- 
 ligence of employer. — The provisions of the 
 Roseberry act have no application to a case 
 where, if the employer was guilty of negli- 
 gence at all it was extremely slight as com- 
 pared with the very gross negligence of the 
 employee. — Hontz v. San Pedro, etc., Co., 
 173 Cal. 750, 759, 161 Pac. 971. 
 
 67. Contributory negligence — Violation 
 of statute — Conclusive presumption of negli- 
 gence. — In view of the provisions of the 
 Roseberry act declaring that it is to be 
 conclusively presumed that an employee 
 was not guilty of contributory negligence 
 in any case where the employer's violation 
 of any statute for the safety of his em- 
 ployees contributed to the injury, the re- 
 fusal of all instructions based on contribu- 
 tory negligence was proper under the facts 
 of the present case. — Frinier v. C. J. Kubach 
 Co.. 177 Cal. 722, 171 Pac. 952. 
 
 68. Same — Violation of statute proxi- 
 mate cause of injury. — Where the presump- 
 tion declared by the Roseberry act to bo 
 conclusive rests upon the violation of a 
 statute regulating the hours of labor of 
 minors, it must be shown not only that the 
 employee was working during the forbid- 
 den hours, but also that that fact con- 
 tributed proximately to the injury. — Wil- 
 liams V. Southern Pacific Co., 173 Cal. 525, 
 533, 160 Pac. 660. 
 
 69. To warrant the presumption con- 
 tained in the Roseberry act not only must 
 the Injury be shown, but it must also be 
 shown that the employer's 'violation of a
 
 IC93 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 statute for the safety of employees con- 
 tributed to the injury. — Williams v. South- 
 ern Pacific Co., 173 Cal. 525, 533, 160 Pac. 
 660. 
 
 III. Construction of Act. 
 
 70. State laws superseded by federal 
 
 act in interstate commerce. 
 
 71. Strict construction not to be given. 
 
 72. New system of law of master and 
 
 servant. 
 
 73. Commission vested with judicial 
 
 power to determine liability of 
 employer. 
 
 74. Statute adopted from another state 
 
 — Rule of construction. 
 
 75. Law operates on status. 
 
 76. Relations depend upon the statute 
 
 not on contract. 
 
 77. Liability of employer arises from 
 
 act, not from contract. 
 
 78. Act is compulsory and does not de- 
 
 pend on election and consent of 
 parties. 
 
 79. Section 75 — Nature and extent of 
 
 proof. 
 
 80. Fault or negligence of employer 
 
 necessary. 
 
 81. Commission exercises judicial func- 
 
 tions. 
 
 82. Award against third person not 
 
 authorized. 
 
 83. Taking evidence secretly — "Due 
 
 process." 
 
 84. Section 24 — Read and construed as 
 
 entirety. 
 
 85. Comparative negligence ignored 
 
 — Rosebferry act repealed. 
 
 86. Repeal of Roseberry act — Intention 
 
 as to inclusion of county officers. 
 
 87. Compensation for disease author- 
 
 ized. 
 
 88. Accidental injury — "Accident." 
 89, 90. Same — Assault may be accidental. 
 
 91. Same — Killing of night watchman. 
 
 92. Same — Injury from use of wood 
 
 alcohol. 
 
 93. Same — Construction of English de- 
 
 cisions. 
 
 70. State lavis superseded by federal act 
 in interstate commerce. — All state laws 
 upon the subject of employer's liability for 
 his employees' injuries are superseded by 
 the federal act, so far as relates to persons 
 employed in interstate commerce, and the 
 California commission has no jurisdiction to 
 make an award to any one so employed. — 
 Smith V. Industrial Accident Commission, 
 26 Cal. App. 560, 147 Pac. 600. 
 
 71. Strict construction not to be given. — 
 The aim of section 21, article XX, of the 
 constitution, is to enlarge the power of the 
 legislature, or to remove doubts upon its 
 power to legislate on a given subject and 
 the courts are not to give it too strict and 
 literal an interpretation. — Western Metal 
 Supply Co. V. Pillsbury, 172 Cal. 407, 414, 
 Ann. Cas. 1917E, 390, 156 Pac. 491. 
 
 72. Kew system o£ laiv of master and 
 servant. — Section 21, article XX, of the con- 
 stitution was designed to empower the 
 
 legislature to establish a system of law 
 making the relations of master and servant 
 subject to new rights and liabilities differ- 
 ent from those at common law. — Western 
 Metal Supply Co. v. Pillsbury, 172 Cal. 407. 
 414, Ann. Cas. 1917E, 390, 156 Pac. 491. 
 
 73. Commission vested with Judicial 
 power to determine liability of employer. — 
 Section 21, article XX, of the constitution, 
 authorizes the legislature to create and en- 
 force a liability on the part of an employee 
 for an award to the dependents of a de- 
 ceased employee where death resulted from 
 accident and was authorized thereunder to 
 vest in the commission the judicial power 
 to determine such liability. — Western Metal 
 Supply Co. V. Pillsbury, 172 Cal. 407, 410, 
 Ann. Cas. 1917E, 390, 156 Pac. 491. 
 
 74. Statute adopted from another state — 
 Rnle of construction. — The rule that when 
 a statute is adopted and re-enacted from 
 another state, it is so adopted and re- 
 enacted in consonance with the judicial 
 construction given it in the courts of the 
 state of its virgin, applies to the clauses of 
 the workmen's compensation act of Cali- 
 fornia taken literally from the workmen's 
 compensation act of England. — Ocean, etc., 
 Co. V. Industrial Accident Commission, 173 
 Cal. 313, 317, L. R. A. 1917B, 336, 159 Pac. 
 1041. 
 
 75. Law operates on status. — This law 
 operates upon the status of employer and 
 employee, and affixes certain rights and ob- 
 ligations to that status. — North Alaska Sal- 
 mon Co. V. Pillsbury, 174 Cal. 1, 2, L. R. A. 
 1917E, 642, 162 Pac. 93. 
 
 76. Relations depend upon the statute 
 not on contract. — The relation of employer 
 and employee has its inception in a con- 
 tract, but once the relation is created, its 
 incidents depend not upon the agreement 
 of the parties, but upon the provisions of 
 the workmen's compensation act. — North 
 Alaska Salmon Co. v. Pillsbury, 174 Cal. 
 1, 2, L. R. A. 1917E, 642, 162 Pac. 93. 
 
 77. Liability of employer arises from act 
 not from contract. — The liability of an em- 
 ployer to pay compensation to his injured 
 employee, under this act, arises from the 
 act itself and not from any agreement of 
 the parties. — North Alaska Salmon Co. v. 
 Pillsbury, 174 Cal. 1, 2, L. R. A. 1917E, 642, 
 162 Pac. 93. 
 
 78. Act is compulsory and is not depend- 
 ent on election and consent of parties. — 
 Under a compulsory statute, such as the 
 California workmen's compensation act, 
 the correlative rights and obligations of the 
 employer and employee are not founded 
 upon contract, as in the case of statutes 
 whose compensation provisions are depend- 
 ent upon the election and consent of tlie 
 parties. — North Alaska Salmon Co. v. Pills- 
 bury, 174 Cal. 1, 3, L. R. A. 1917E, 642, 162 
 Pac. 93. 
 
 79. Section 75 — Nature and extent of 
 proof. — If the effect of section 75 of the act 
 is to confer upon the commission power to 
 enact laws prescribing the nature .and ex- 
 tent of proof necessary to justify ?,n award, 
 it would be a delegation of power which the
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1594 
 
 legislature Is not authorized, under section 
 21, article XX, of the constitution, to malce. 
 — Englebretson v. Industrial Accident Com- 
 mission, 170 Cal. 793, 797, 151 Pac. 421. 
 
 SO. Fault or neKlisence of employer nec- 
 essary. — Some fault or negligence on the 
 part of the employer proximately causing 
 the injury was essential to r=>covery in an 
 action by employee against employer for 
 personal injuries prior to the .ict of 1013 
 (1913-279). — Bracquee v. Mottet Co., 175 
 Cal. 258, 259, 165 Pac. 696. 
 
 81. Commission exercises Judicial ruiio- 
 tions. — In awarding compensation under the 
 act the commission exercises judicial func- 
 tions. — Carstens v. Pillsbury, 172 Cal. 572, 
 158 Pac. 218. 
 
 See, also, "Western Metal Supply Co. v. 
 Pillsbury, 172 Cal. 407, 156 Pac. 491: Pa- 
 cific Coast Casualty Co. v. Pillsbury, 171 
 Cal. 319, 153 Pac. 26. 
 
 S2. Attard against third person not an- 
 tliorizcd. — The commission is not empow- 
 ered to make an award of compensation 
 against the owner of a building in favor of 
 an injured employee of the independent 
 contractor who is erecting the same, or of 
 a sub-contractor to whom such independent 
 contractor has let the erection of a portion 
 of the same. — Carstens v. Pillsbury, 172 
 Cal. 572, 158 Pac. 218. 
 
 83. Taking evidence secretly — "Due proe- 
 ess." — No power is given to the commission 
 to take evidence secretly, and if it were 
 given it would be in violation of the "due 
 process" clause of the federal constitution. 
 —Carstens v. Pillsbury, 172 Cal. 572, 158 
 Pac. 218. 
 
 84. Section 24 — Read and construed as 
 entirety. — Section 24 must be read and con- 
 strued as an entirety and in the light of 
 the rule that an unconstitutional construc- 
 tion should not be given, if another mean- 
 ing is reasonably discoverable from the 
 language. — Mesmer & Rice v. Industrial Ac- 
 cident Commission, 26 Cal. App. Dec. 220, 5 
 I. A. C. Dec. 22 (Wilson v. Mesmer & Rice, 
 4 I. A. C. Dec. 139). 
 
 85. Comparative negligence ignored— 
 Roseberry act repealed. — In an action for 
 damages for death of an employee, against 
 an employer, where the cause of action 
 arose March 4, 1914, an instruction which 
 ignored the "comparative negligence" pro- 
 visions of the Roseberry act, was not for 
 that reason erroneous, in view of the fact 
 that that act was repealed by the act of 
 1913 to take effect January 1, 1914. — Brown 
 v. Lemon Cove Ditch Co., 36 Cal. App. 94, 
 171 Pac. 705. 
 
 SC. Repeal of Roseberry act — Intent as to 
 inclusion of county officers. — The fact that 
 the act of 1911 (p. 797, § 6) expressly ex- 
 cluded elected or appointed officers of a 
 county, and the act of 1913, did not, is not 
 sufficient to show a legislative intent to in- 
 clude such officers in the later act. — Mono 
 Co. V. Industrial Accident Commission, 175 
 Cal. 752, 755, 167 Pac. 377. 
 
 87. Compensation for disease authorized. 
 — The act of 1917 authorizes an award of 
 compensation for disease, provided the other 
 
 conditions of the act are met, and Is not 
 for that reason unconstitutional. — San 
 Francisco v. Industrial Accident Commission 
 (Cal.), 191 Pac. 26; Engels, etc., Co. v. In- 
 dustrial Accident Commission (Cal.), 192 
 Pac. 845. 
 
 88. Accident injury — "Accident." — The 
 word "accident" in section 12 of the Boyn- 
 ton act is to be construed as popularly un- 
 derstood, to referred to unexpected and un- 
 intentional injuries sustained by em- 
 ployees. — Fidelity & Cas. Co. v. Industrial 
 Accident Commission, 177 Cal. 614, 616, 
 L. R. A. 1918F, 856, 171 Pac. 429. 
 
 89. Sante — Assault may be accidental. — 
 The fact that an injury was the result of a 
 wilful or criminal assault does not exclude 
 the possibility that it was accidental. — 
 Western Indemnity Co. v. Pillsbury, 170 
 Cal. 686, 705, 151 Pac. 398. 
 
 90. An injury may be accidental, even 
 though it be intentionally inflicted by a 
 third person. — Western Metal Supply Co. v. 
 Pillsbury, 172 Cal. 407, 418, Ann. Cas. 1917E. 
 390, 156 Pac. 491, 3 I. A. C. Dec. 109 (Mason 
 V. Western, etc., Co., 1 I. A. C. Dec. 284). 
 
 91. Same — Killing of night watchman. — 
 The death of a night watchman killed while 
 on the premises he was employed to watch, 
 under circumstances tending to show that 
 he was killed in the performance of his 
 duty, is held to be death from accident 
 within the meaning of the act. — Western, 
 etc., Co. V. Pillsbury, 173 Cal. 135, 141, 159 
 Pac. 423, 3 I. A. C. Dec. 109 (Mason v. West- 
 ern, etc., Co., 1 I. A. C. Dec. 284). 
 
 93. Same — Injury from nse of ^vood al- 
 cohol. — A show card writer, while using 
 wood alcohol to clean apparatus used in 
 making special dyes, had his vision im- 
 paired by the exposure of the optic nerve 
 to the vapor of the alcohol in unusual quan- 
 tity, and it was held that this was an "in- 
 jury sustained by accident" within the 
 meaning of section 12 of the act of Janu- 
 ary 1, 1914. — Fidelity, etc., Co. v. Industrial 
 Accident Commission, 177 Cal. 614, L. R. A. 
 1918F, 856, 171 Pac. 429, 5 I. A. C. Dec. 38 
 (DeWitt v. Jacoby Bros., 1 I. A. C. Dec. 170). 
 
 93. Same — Construction of English de- 
 cisions. — The phase "injury sustained by 
 accident" as used in section 12 of the act 
 of 1914 was taken from the English act 
 with the construction placed on it prior to 
 its incorporation in the California act, and 
 Is to be liberally interpreted to make it 
 applicable to injuries to workmen which 
 are unexpected and unintentional. — Fidelity, 
 etc., Co. v. Industrial Accident Commission, 
 177 Cal. 614, L. R. A. 1918F, 856, 171 Pac. 
 429, 5 I. A. C. Dec. 38 (DeWitt v. Jacoby 
 Bros., 1 I. A. C. Dec. 170). 
 
 IV. Liability for Compensation. 
 1. Employer, a. In general, 
 94. Term defined. 
 
 Reclamation district not an em- 
 ployer. 
 Roclamation districts exempted. 
 No compensation to others than 
 empluyoes authorized. 
 
 95. 
 
 96. 
 97.
 
 1505 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 9S. 
 
 101- 
 
 Injury to employee of sub-con- 
 tractor. 
 
 Injury to member of train crew 
 employed by grading contractor. 
 
 Injury to municipal election officer 
 — Non-liability of city. 
 
 b. Identity of employer. ' 
 
 Decided according to facts — Not on 
 what parties thought. 
 
 Loan of employees. 
 
 Owner of pumping plant — Em« 
 ployee of independent contractor. 
 
 Owner of building — Employee of 
 independent contractor. 
 
 Employee of sub-contractor of in- 
 dependent contractor. 
 
 Farmer — County. 
 
 Foreman, and water and power 
 company. 
 
 Fighting fire on premises of third 
 person. 
 
 Eailroad conductor — Grading con- 
 tractor. 
 
 Member of railroad train crew^ 
 Grading contractor. 
 
 Flagman employed by two rail- 
 roads. 
 
 Night watchman employed by sev- 
 eral corporations. 
 
 Millwright doing special work at 
 foreman's request. 
 116a. Employee of teaming company 
 working for lumber company. 
 
 Caddy "at country club. 
 
 Special police officer employed by 
 private property owners. 
 Citizen aiding peace officer to 
 make arrest. 
 120, 120b. Copartners assignment to creditor. 
 121. Partnership furnishing skilled la- 
 bor to corporation. 
 
 Hired by one partner, paid by an- 
 other. 
 
 Joint liability of partners. 
 
 Lessor and lessee. 
 
 Persons holding themselves out as 
 partners. 
 
 Assignee for creditors — Owners of 
 business. 
 
 Joint liability of principal and im- 
 mediate employers. 
 
 'Gross negligence" — Serious and wilful 
 misconduct of employer. 
 Eemedy of act exclusive. 
 Option of employee in case of gross 
 
 negligence of employer. 
 Option of employee — ^Demurrer to 
 
 complaint. 
 Employee's action for damages—^ 
 
 Proof required. 
 "Gross negligence." 
 Failure to house gears. 
 Same — Not gross negligence. 
 "Wilful misconduct." 
 Same — Disregard of safety order 
 
 of commission. 
 Statutory duty to provide safe place 
 
 to work. 
 Same — Instruction exacting greater 
 
 than statutory degree of care. 
 
 98a. 
 
 99. 
 
 100. 
 
 103. 
 104. 
 
 105. 
 
 106, 107. 
 
 108. 
 109. 
 
 110. 
 
 111. 
 
 112. 
 
 113. 
 
 114, 115. 
 
 116. 
 
 117,118. 
 119. 
 
 119a. 
 
 122. 
 
 123. 
 124. 
 125. 
 
 125a. 
 
 125b. 
 
 126. 
 
 127. 
 
 128. 
 
 129. 
 
 130. 
 181. 
 132. 
 133. 
 134. 
 
 135. 
 
 136. 
 
 137. 
 
 138. 
 
 139, 140. 
 140a, 141. 
 
 142. 
 143. 
 
 144. 
 
 145. 
 146. 
 
 147. 
 
 148. 
 
 149. 
 150. 
 
 151. 
 
 152. 
 
 152a. 
 
 153. 
 154. 
 155. 
 156. 
 157. 
 
 158. 
 
 159, 160. 
 
 161. 
 
 162. 
 163. 
 164. 
 
 165, 166. 
 
 167. 
 
 168. 
 
 168a. 
 
 "Serious and wilful misconduct" 
 —Proof under the act of 1917. 
 
 Same — Failure to comply with 
 safety order of commission. 
 
 Same — Defined. 
 
 Same — Increase of compensation. 
 
 S. Insurance carrier. 
 Employer member of association, 
 
 not 
 
 •insurance carrier.' 
 
 Policy specifically designating em- 
 ployees covered. 
 
 One of two joint employers insured 
 — Insurance carrier and other 
 employer liable. 
 
 Construction of policy — Mining su- 
 perintendent not included. 
 
 Employee specifically covered — In- 
 surance carrier can not claim 
 non-liability because illegally 
 employed. 
 
 Policy excluding executive officers — • 
 Mining superintendent not execu- 
 tive officer. 
 
 * ' Executive officer ' ' — Dummy di- 
 rector not executive officer. 
 
 Same — Director executive officer. 
 
 Interpretation of policy — "General 
 farm work excluding the opera- 
 tion of farm machinery. ' ' 
 
 Same — Same — Assistant to tractor 
 engineer. 
 
 Assignment or change of interest. 
 
 Assignment for benefit of cred- 
 itors. 
 
 Padding of payroll without car- 
 rier's knowledge. 
 
 Insurance carrier — Loss of right to 
 do business in state. 
 
 Policy specifically covering chauf- 
 feurs. 
 
 Clause of policy excluding "con- 
 struction of sewers. ' ' 
 
 Eescission of policy for misrepre- 
 sentation after commencement of 
 proceedings. 
 
 Liability of insurance carrier — 
 After accrual of rights. 
 
 Insurance carrier bound by repre- 
 sentation of agent. 
 
 Eenewal of policy dated after in- 
 jury. 
 
 Waiver of illegal employment. 
 
 Illegal employment of minor. 
 
 Policy covering all employees — - 
 Minor illegally employed. 
 
 Condition against illegal employ- 
 ment. 
 
 Eequirement as to notice must be 
 complied with. 
 
 Compliance with requirement as to 
 notice must be proved. 
 
 Liability of carrier must be valid 
 and enforceable to relieve em- 
 ployer of liability. 
 
 1. Employer, a. In general. 
 94. Term delined — "Employer" and "em- 
 ployee." — Every person who has any person 
 in service under a contract of hire, express 
 or implied, is an "employer"; and every
 
 Art 2781 
 
 GBNERAI. LAM'S. 
 
 15D0 
 
 person thus In service Is an "employee." — 
 KIrkpntrick v. Industrial Accident Commls- 
 Bion. 31 Cal. App. 668. 161 I'ac. 274. 
 
 95. Rerlamatlon dlatrirt not an employer. 
 
 — Rerlamatlon district No. 900 is not a 
 public corporation within the definition of 
 section 284, Civil Code. — Bettencourt v. In- 
 dustrial Accident Commission, 175 Cal. 559, 
 660. 166 rnc. 323. 
 
 06. Rerlamatlon diatrlrtn exempted. — 
 
 Reclamation districts are exempted from 
 the operation of the act, being neither pub- 
 lic nor private corporation within the mean- 
 ing of section 13 of the act defining "em- 
 ployers" but are governmental mandatories 
 or agents vested with limited powers to 
 accomplish limited and specific work. — Bet- 
 tencourt V. Industrial Accident Commission, 
 175 Cal. 559. 166 Pac. 323. 4 I. A. C. Dec. 
 210; Hartford, etc.. Co. v. Reclamation, etc., 
 No. 900, Yolo County. 3 I. A. C. Dec. 266. 
 
 07. ]Vo comiieiiRnllon to other than em- 
 ployeea nnthorlied. — I'nder the terms of 
 section 21. of article 20. of the constitution, 
 the commission has no jurisdiction to award 
 compensation for injuries to other than em- 
 ployees of the person against whom com- 
 pensation Is claimed. — Thaxter v. Finn, 54 
 Cal. Dec. 620, 4 I. A. C. Dec. 433 (Thaxter 
 V. Thaxter. 1 I. A. C. Dec. 196). 
 
 08. Injury to employee of Hiili-contrnctor. 
 
 — Neither the owner of a building nor the 
 contractor for the erection thereof Is liable 
 for the Injury, or to pay compensation 
 therefor to an injured employee of a sub- 
 contractor on such building. — Thaxter v. 
 Finn. 54 Cal. Dec. 620. 4 I. A. C. Dec. 433 
 (Thaxter v. Thaxter, 1 I. A. C. Dec. 196). 
 
 OSa. Injury to mrnilter of train rre^T, em- 
 ployed by Krndlng contractor. — A member 
 of a train crew employed by a contractor 
 engaged in grading a roadbed for an elec- 
 tric railway company, who received an in- 
 Jury while hauling materials for laying the 
 track on a portion of the grade that had 
 been completed. Is not to be considered, in 
 so far as such hauling was concerned, an 
 employee of the railway company, notwith- 
 standing It was no part of the contractor's 
 contract to lay track, where the track was 
 laid at the contractors request, and was 
 necessary to enable him to complete his 
 contract. — Georgia Casualty Co. v. Indus- 
 trial Accident Company, 177 Cal. 289. 170 
 Pac. 625, 5 I. A. C. Dec. 16 (on rehearing of 
 63 Cal. Dec. 705, 4 I. A. C. Dec. 170; Sims v. 
 Sherer & Co.. 3 I. A. C Dec 197). 
 
 no. Injnry to mnnlrlpnl election officer^ 
 Non-linl>ility of rity. — A judge of an election 
 lioard at a municipal election is not an 
 employee of the municipality within the 
 meaning of that term as used In the act, 
 and is not entitled to compensation from 
 the city for injuries received while taking 
 the election returns In his own automobile 
 to the city hall after the counting of the 
 ballots. — City of Los Angeles v. Industrial 
 Accident Commission. 35 Cal. App. 31. 169 
 Pac. 260. 4 I. A. C. Dec. 322 (Meehan v. 
 City of Los Angeles. 4 I. A. C. Dec. 52). 
 
 h. Identity of employer. 
 
 100. Derided nrrording to fartn — Not on 
 ivhat parilen tliouKht- — The determination 
 of tlie identity of tlie employer can not be 
 arrived at merely on the ground of what 
 the parties themselves thought In relation 
 to emplo^'ment, but must be decided In ac- 
 cordance with the facts. — Hartman v. Rals- 
 ton Iron Works, 4 I. A. C. Dec. 13. 
 
 101. I<oan of eniployeew. — Where an em- 
 ployee of a corporation was loaned to an- 
 other corporation to assist in certain emer- 
 gency work, In which the former had no 
 Interest or control over, and the employee 
 was retained on the payroll of the former 
 and received full wages, which were reim- 
 bursed by the latter, and the workman 
 was Injured while so employed. It was held 
 that there was no community of interest 
 of said corporations as to control or ulti- 
 mate benefit In the work and the former 
 corporation was not liable. — Marken v. Yel- 
 low Aster, etc., Co., 6 1. A. C. Dec. 101. 
 
 102. W'hen two Individual* maintaining 
 adjoining plants habitually loaned em- 
 ployees to each other for mutual conveni- 
 ence, and the employees were paid and 
 controlled by each employer, respectively, 
 during the period of their service for him. 
 It is held the individual to whom the em- 
 ployees were loaned was the employer of 
 such employee while working for him. — 
 Frederick v. Dallerup, 6 I. A. C. Dec. 110. 
 
 103. An employee temporarily loaned by 
 his employer for service lo another, who 
 pays and controls him, without profit on 
 the transaction to the first employer, was 
 held to be an employee of the second Indi- 
 vidual while so engaged. — Proctor v. Llnd- 
 gren Co., 5 I. A. C. Dec. 115. 
 
 104. Owner of pumpini; plant — Rmployee 
 of indeiiendent contractor. — The commission 
 is witliout the power to make an award 
 against the owner of the land and in favor 
 of an employee of an independent contractor 
 engaged in installing a pumping plant 
 thereon. — Western Indemnity Co. v. Indus- 
 trial Accident Commission, 172 Cal. 766, 767, 
 158 Pac. 1033. 
 
 10.5. Owner of buildinR — Employee of in- 
 dependent contractor. — The commission has 
 no power to award compensation against 
 the owner of property erecting a building 
 thereon, through an independent contractor, 
 whose only relation to the injured person 
 employed by such contractor is such owner- 
 ship. — Carstens v. Pillsbury, 172 Cal. 572, 
 p78, 158 Pac. 218. 
 
 106. Employee of nub-contractor of Inde- 
 pendent contractor. — The Industrial acci- 
 dent commission has no jurisdiction to 
 award, against an owner, compensation un- 
 der the act In favor of the injured em- 
 ployee of a sub-contractor of an indepen- 
 dent contractor. — First Church v. Industrial 
 Accident Commission, 173 Cal. 552. 553. 160 
 Pac. 675. 
 
 107. A •ob-contractor to whom was sub- 
 let the work of excavating, refilling and 
 resurfacing a trench for a drainage con- 
 duit, and not the contractor for the con- 
 struction of the conduit, is liable for the
 
 1507 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 compensation of a laborer employed by such 
 sub-contractor for an Injury sustained in 
 excavating such trench to a depth exceed- 
 ing that called for by the sub-contract at 
 the actual cost of the labor of such extra 
 excavation. — Worswick, etc., Co. v. Industrial 
 Accident Commission, 58 Cal. Dec. 453, 185 
 Pac. 953, 6 I. A. C. Dec. 226; Employer's, 
 etc., Co. V. Industrial Accident Commission, 
 58 Cal. Dec. 453, 185 Pac. 953, 6 I. A. C. 
 Dec. 226. 
 
 Also, Worswick, etc., Co. v. Industrial 
 Accident Commission, 58 Cal. Dec. 460, 185 
 Pac. 953; Employer's, etc., Co. v. Industrial 
 Accident Commission, 58 Cal. Dec. 460, 461, 
 185 Pac. 953. 
 
 108. Farmer — Connty. — A farmer who 
 constructs a fence between his farm and 
 the county highway is the employer of the 
 carpenter who builds the fence, although 
 the county reimburses him for the cost of 
 the fence. — Jenkins v. Rhinehart, 6 I. A. C. 
 Dec. 180. 
 
 109. Foreman and water and poTver com- 
 pany. — Where a foreman, employed by a 
 water and power company, was authorized 
 to employ laborers for the company, and 
 employed a teamster in accordance with 
 such authority, such teamster was an em- 
 ployee of the company, and not of such 
 foreman, notwithstanding the fact that he 
 was employed to drive the foreman's team, 
 hired to the company. — Yolo, etc., Co. v. In- 
 dustrial Accident Commission, 35 Cal. App. 
 14, 168 Pac. 1146. 
 
 110. Fighting: flre on premises of third 
 person. — A section hand engaged in fighting 
 fire on the property of another person, and 
 receiving pay from such other person, was 
 not in the employ of the railroad company, 
 although he was directed to perform the 
 service by his foreman. — London, etc., Co. 
 V. Industrial Accident Commission, 173 Cal. 
 642, 643, 161 Pac. 2. 
 
 111. Railroad conductor — Grading con- 
 tractor. — A conductor, employed and paid 
 by a grading contractor, in charge of a 
 construction train, engaged in hauling ma- 
 terials for laying track upon a portion of 
 the roadbed already completed, which, al- 
 though not within the contract, and in- 
 tended for permanent use, was being laid 
 at the request of the contractor, and was 
 necessary, according to the terms of the 
 contract, to the use of the steam shovel to 
 complete the grading contract, was an em- 
 ployee of the contractor, and not of the 
 railroad company. — Georgia C. Company v. 
 Industrial Accident Commission, 177 Cal. 
 289, 291, 170 Pac. 621. 
 
 112. Member railroad train crew— Grad- 
 ing contractor. — Where a member of a rail- 
 road train crew employed by a grading con- 
 tractor was injured while hauling mate- 
 rials for the laying of the track upon a 
 completed portion of the grade, the laying 
 of the track being incidental to tlie work 
 of grading, it was held that such member 
 is not to be regarded as an employee of 
 the railroad company for the time being, 
 notwithstanding the work when completed 
 would be a part of the equipment of the 
 
 railroad company. — Georgia Casualty Co. v. 
 Industrial Accident Commission, 53 Cal. Dec. 
 705, 4 I. A. C. Dec. 170 (Simms v. Sherer & 
 Co., 3 I. A. C. Dec. 197). 
 
 113. Flagman employed by tvro railroads. 
 — A flagman employed by one of two rail- 
 road companies, having separate and dis- 
 tinct systems but wliose tracks ran parallel 
 at a street crossing, to warn the operators 
 of the trains of both companies at such 
 crossing, under an oral arrangement be- 
 tween the two companies that one was to 
 employ him and pay his wages and render 
 a monthly bill for one-half of such wages, 
 was an employee of both companies. — San 
 Francisco-Oakland Terminal Railways v. 
 Industrial Accident Commission, 180 Cal. 
 121, 179 Pac. 386, 6 I. A. C. Dec. 45. 
 
 114. Night Tt'atchman employed by sev- 
 eral corporations. — A night watchman em- 
 ployed at a fixed monthly salary is an 
 employee within the meaning of the act, 
 even though also employed as a night 
 watchman by other corporations under 
 separate contracts for monthly compensa- 
 tion from each. — Western Metal Supply Co. 
 v. Pillsbury, 172 Cal. 407, 416, Ann. Cas. 
 1917E, 390, 156 Pac. 491. 
 
 115. Where several corporations em- 
 ployed a night watchman under separate 
 and independent contracts calling for the 
 payment of a separate monthly salary from, 
 each of them, they did not constitute an 
 "association" within the meaning of sec- 
 tion 13 of the act. — Western Metal Supply 
 Co. V. Pillsbury, 172 Cal. 407, 416, Ann. Cas. 
 1917E, 390, 156 Pac. 491. 
 
 116. MillTvright doing special work at 
 foreman's request. — Where a millwright 
 was requested by the foreman of another 
 department of his employer's plant to do 
 certain work on Saturday afternoon and 
 Sunday, when the plant would be closed, 
 and it was usual for said millwright to do 
 work as requested, and nothing vk^as said 
 to him to communicate that it would be 
 working for any one else than his regular 
 employer or that such work was in fact the 
 private work of said foreman, it was held 
 that in doing such work he was in the 
 course of his regular employment, and not 
 working for the foreman. — Baker v. Heard, 
 etc., Co., 4 I. A. C. Dec. 200. 
 
 116a. Employee of teaming company 
 worlcing for Inniber company. — The acci- 
 dental death of the employee of a teaming 
 company, while hauling lumber for a lum- 
 ber company, under his employer's direc- 
 tion, is compensable, and the teaming com- 
 pany is liable to his dependents for such 
 compensation. — Kirkpatrick v. Industrial 
 Accident Commission, 31 Cal. App. 668, 161 
 Pac. 274. 
 
 117. Caddy at country club. — The fact 
 that an injured caddy employed by a coun- 
 try club reported for duty and was em- 
 ployed on specific days does not militate at 
 all against the proposition that he was an 
 employee within the meaning of section 14. 
 workmen's compensation act, and entitled 
 to compensation thereunder. — Claremont C.
 
 Act 2781 
 
 GENERAL LA\VS. 
 
 1508 
 
 Club V. Industrial Ace. Com., 174 Cal. 395, 
 398. 163 Pac. 209. 
 
 118. A country club, owning and main- 
 taining a golf links for its members, the 
 general control of which is vested in appro- 
 priate committees of the club, the club 
 providing caddies under the supervision of 
 a caddy master, the caddies being stationed 
 in a caddy house provided by the club until 
 their services are requisitioned, and their 
 wages being paid according to a schedule 
 fixed by the club committee, is an employer 
 witliin the meaning of section 13, work- 
 men's compensation act, notwithstanding 
 such caddies are paid by the individual 
 members playing, whom they attend, and 
 are under the exclusive control of such 
 member while in attendance. — Claremont C. 
 Club V. Industrial Ace. Com., 174 Cal. 395, 
 397, 163 Pac. 209. 
 
 119. Special police officer employed by 
 private property owners. — Where a special 
 police officer was employed and paid by 
 private property owners to patrol their 
 property at night, with the privilege on his 
 part of substituting another patrolman in 
 his stead, and the officer undertook to watch 
 certain property on his beat and to station 
 an extra guard during the day on a bridge 
 across a public street which traversed said 
 property, and for the services of such day 
 guard the property owner paid to the officer 
 a daily sum, and said day guard reported for 
 instructions to said property owner, who 
 withdrew him from the day patrolling and 
 placed him on day guard on the property, 
 without consulting the officer, it was held 
 that such guard was am employee of the 
 property owner, under an appointment of 
 hire. — Hartman v. Ralston Iron Works, 4 
 I. A. C. Dec. 13. 
 
 110a. Citizen aidinjs: peace officer to 
 make arrest. — Where a citizen volunteered 
 his services to aid a peace officer in making 
 an arrest at a threatened breach of the 
 peace and his offer of aid was accepted by 
 the arresting officer and he was injured 
 while so assisting said officer, it was held 
 that since said citizen rendered said aid 
 solely by reason of a duty imposed upon 
 him by law, he was not an employee of the 
 municipality at the time of said injury. — 
 Richardson v. City of Santa Rosa, 4 I. A. C. 
 Dec. 380. 
 
 120. Copartners assignment to creditor. 
 — Wliere copartners, as individuals, gave a 
 power of attorney to a creditor authorizing 
 him to manage the business in the interest 
 of certain creditors, and there w^as no as- 
 signment by the partnership, and no sale or 
 transfer or assignment for the benefit of 
 creditors, an insurance carrier for such 
 partnership is not released from liability 
 for compensation insurance to employees of 
 the partnership who are injured. — United 
 States Fidelity & Guaranty Co., v. Industrial 
 Ace. Com., 174 Cal. 616, 622, 163 Pac. 1013. 
 
 120a. The insurer of a partnership 
 against injuries to employees is not released 
 from liability by reason of the fact that the 
 injuries occurred after the partners had 
 made an individual assignment of the assets 
 
 and business to a creditor to hold until such 
 creditor and certain other creditors were 
 paid. — United States, etc., Co. v. Industrial 
 Accident Commission, 174 Cal. 616, 163 Pac. 
 1013, 4 I. A. C. Dec. 79; (Maffla v. Aquiline, 
 3 I. A. C. Dec. 15; Zanottl v. Aquilino, 3 
 I. A. C. Dec. 53). 
 
 120b. Where an employer transferred his 
 business and all his employees, including 
 applicant, to another person, and the ap- 
 plicant continued to work under the ex- 
 clusive control of the latter until the date 
 of the injury, it w^as held such circum- 
 stances were sufficient to put the applicant 
 on inquiry as to the identity of his em- 
 ployee. — Pierce v. Rosenberg, 6 I. A. C. Dec. 
 241. 
 
 121. Partnership famishing skilled labor 
 to corporation. — Where a partnership un- 
 der contract supplied skilled labor to a cor- 
 poration for a percentage of the payroll, 
 it was held that the partnership and cor- 
 poration were joint employers. — Coulter v. 
 Wellman, 5 I. A. C. Dec. 67. 
 
 122. Hired by one partner, paid by an- 
 other. — An employee who was hired and 
 directed by one partner and paid by an- 
 other partner, held to have been an em- 
 ployee of the partnership and not of the 
 second partner. — Mendez & Arneill v. Boge, 
 5 I. A. C. Dec. 32. 
 
 123. Joint liability of partners. — A ce- 
 ment manufacturing company and a part- 
 nership engaged in installing and handling 
 large machinery are jointly liable for the 
 death of an employee while performing 
 services on the grounds of the cement com- 
 pany, upon an arrangement entered into 
 between the cement company and the part- 
 nership by which the latter was to secure 
 and furnish employees to perform such 
 services, the cement company furnishing the 
 materials and exercising direction and con- 
 trol over such employees. — Ocean, etc.. Cor- 
 poration v. Industrial Accident Commission, 
 179 Cal. 432, 177 Pac. 273, 5 I. A. C. Dec. 
 228; Aetna, etc., Co. v. Industrial Accident 
 Commission, 179 Cal. 432, 177 Pac. 273, 5 
 I. A. C. Dec. 228; Employers, etc., Co. v. 
 Industrial Accident Commission, 179 Cal. 
 432, 177 Pac. 273, 5 I. A. C. Dec. 228 (Coulter 
 V. Wellman, 5 I. A. C. Dec. 64). 
 
 124. Lessor and lessee joint employers.— 
 
 Under the facts of this case, an arrange- 
 ment entered into w^as incorporated as a 
 lease and not as a partnership, and the 
 lessor and lessee as joint employers of a 
 carpenter employed by said parties jointly, 
 and not as copartners. — Perry v. Jolinson, 4 
 I. A. C. Dec. 163. 
 
 125. Persons holding themselve.<« out as 
 partners. — Where two individuals permitted 
 the use of their names in the firm's busi- 
 ness, were interested in its management and 
 in the lease of the real estate used in its 
 business, obtained credit from a bank for 
 the firm by representing themselves as co- 
 partners, and took over much of its prop- 
 erty upon dissolution, such conduct was 
 sufficient to establish that they were co- 
 employees with the firm, notwithstanding
 
 1599 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 their contrary testimony. — Pierce v. Rosen- 
 berg. 6 I. A. C. Dec. 239. 
 
 125a. Assignee for creditors — Owners of 
 business. — Where the full control of a wine 
 business was turned over to a creditor by 
 power of attorney, the creditor to manage 
 the business for the benefit of himself and 
 the owners of the business, it was held that 
 the employees of the business were sole 
 employees of the business and not of the 
 manager. — Zanotti v. Aquilino & Lagomar- 
 .sino Co., 3 I. A. C. Dec. 53. 
 
 I25b. Joint liability of principal and im- 
 mediate employers. — The principal and the 
 immediate employer were held Jointly 
 liable for compensation where the employee 
 was injured on premises on which princi- 
 pal employer's work was to be done. — Kes- 
 son V. Duncan, 5 I. A. C. Dec. 121. 
 
 c. "Gross negligence" — Serious and wilful 
 misconduct of employer. 
 126. Remedy of act exclusive — Gross neg- 
 ligenee of employer. — The remedy afforded 
 by the act is exclusive of all other statu- 
 tory or common law remedies, except, as 
 provided by section 12 (b), that the em- 
 ployee may, at his option, maintain an ac- 
 tion for damages in the conditions named. — 
 ITelme v. Great Western, etc., Co., 30 Cal. 
 App. Dec. 84, 58 Cal. Dec. 483, 185 Pac. 510, 
 6 I. A. C. Dec. 161. 
 
 127. Option of employee in case of gross 
 negligence of employer. — Under the indus- 
 trial compensation act the only cases in 
 which an employee is given an option to 
 claim compensation under the act or bring 
 an action at law, are where the injury was 
 caused by the employer's gross negligence, 
 and where it was caused by his wilful mis- 
 conduct of a specified character. — San Fran- 
 cisco Stevedoring Co. v. Pillsbury, 170 Cal. 
 321, 322, 149 Pac. 586. 
 
 128. Option of employee — Demurrer to 
 complaint. — The sustaining of a demurrer 
 to the complaint in an action by an em- 
 ployee against his employer simply deter- 
 mines that the allegations of the complaint 
 do not state a cause of action virithin the 
 case named in the industrial compensation 
 act as giving the employee an option to 
 proceed in an action at law, and does not 
 bar his right to claim compensation under 
 the act. — San Francisco Stevedoring Co. v. 
 Pillsbury, 170 Cal. 321, 322, 149 Pac. 586. 
 
 129. Employee's action for damages. — 
 Where an employee, seeking recovery for 
 personal injuries by an action at law, relies 
 upon the failure of his employer to house 
 certain gears on a machine used for packing 
 bran, to recover he must allege and prove 
 by a preponderance of evidence (1) that de- 
 fendant's failure to house the gears was 
 of itself "gross negligence," or "wilful mis- 
 conduct"; (2) that such failure was the 
 personal failure of an elective ofl!icer or 
 officers of defendant corporation, as for ex- 
 ample, a director or directors; and (3) 
 that such failure indicated a wilful disre- 
 gard of the life, limb and bodily safety of 
 defendant's employees. — Helme v. Great 
 
 Western, etc., Co., (Cal. App.) 185 Pac. 510, 
 6 I. A. C. Dec. 161. 
 
 130. "Gross negligence." — "Gross negli- 
 gence," within the meaning of section 
 12(b) of the act of 1913 is the entire failure 
 to exercise care, or the exercise of so slight 
 a degree of care as to justify the belief 
 that there is an entire indifference to the 
 interest and welfare of the employee. — 
 Helme v. Great Western, etc., Co., (Cal. 
 App.) 185 Pac. 510, 6 I. A. C. Dec. 161. 
 
 131. Failure to house gears. — Failure to 
 house the gears of a bran packing machine 
 by a milling company is not wilful miscon- 
 duct within the meaning of section 12(b) of 
 the act, unless the housing was made a duty 
 by some general or special order of the 
 commission, or by the act itself, and some 
 one of the company's elective officers, with 
 a wilful disregard of the life, limb, or bodily 
 safety of defendant's employees, having 
 actual knowledge of the peril incident to 
 the unhoused gears, or having what in law 
 is equivalent to such actual knowledge, con- 
 sciously failed to house the gears, so as to 
 avert injury. — Helme v. Great Western, etc., 
 Co., (Cal. App.) 185 Pac. 510, 6 I. A. C. Dec. 
 161. 
 
 132. Same — Not gross negligence. — A 
 simple failure to house the gears of a 
 machine does not show gross negligence, 
 unless the employer appears to have con- 
 sciously violated some order of the commis- 
 sion, or sorhe particular safety provision of 
 the act itself. — Helme v. Great Western, 
 etc., Co., (Cal. App.) 185 Pac. 510. 6 I. A. C. 
 Dec. 161. 
 
 133. "Wilful misconduct." — "Wilful mis- 
 conduct," within the meaning of section 
 12(b) of the act, means something different 
 from and more than negligence, however 
 gross, and to constitute such wilful miscon- 
 duct, there must be actual knowledge, or 
 that which in law is deemed the equiva- 
 lent of actual knowledge, of the peril to be 
 apprehended from the failure to act, 
 coupled with a conscious failure to act to 
 avert injury. — Helme v. Great Western, etc., 
 Co., (Cal, App.) 185 Pac. 510, 6 I. A. C. Dec. 
 161. 
 
 134. Same — Disregard of safety order of 
 commission. — The duty of a corporation and 
 its executive or managing officer to comply 
 with the requirements of sections 33-36. of 
 the act of 1917, and provide safe conditions 
 of employment, and with an order of the 
 commission requiring the safeguarding of 
 all transmission shafting, could not be 
 delegated so as to free them from responsi- 
 bility therefor, and constituted serious and 
 wilful misconduct on the part of the em- 
 ployer, which was the proximate cause of 
 an injury to an employee, and entitled the 
 latter to an increase of one-half of her 
 compensation under section 6(b) of the act. 
 — Hamilton v. E. Clemens Horst Co., 6 
 I. A. C. Dec. 185. 
 
 135. Statutory duty to provide safe place 
 of employment. — It is the statutory duty of 
 a milling company in the absence of a spe- 
 cial or general order of the commission, 
 given and made in the mode provided by
 
 Act 2781 
 
 GE^NBRAL LAIVS. 
 
 the act, to use such devices and safeguards 
 as are "reasonably adequate" to render 
 the place of employment safe, and as free 
 from dangrer to the life and safety of Its 
 employees as the nature of the employment 
 will reasonably permit. — Helme v. Great 
 Western, etc., Co. (Cal. App.) 185 Pac. 510, 
 6 I. A. C. Dec. 161. 
 
 13G. Snme — Instpuction exnctints; |!:reater 
 than Ktatiitory degree of care. — An instruc- 
 tion which declares that it was the duty 
 of defendant to provide such safety devices 
 over the g-ears as would tend to mitigate 
 or prevent the danger of plaintiff coming in 
 contact with them, was error, in that It 
 exacted of defendant a greater degree of 
 care than the act requires. — Helme v. Great 
 Western, etc., Co., (Cal. App.) 185 Pac. 510, 
 6 I. A. C. Dec. 161. 
 
 LIT. Seriou.s and wilful mi.iconduct"^ 
 Proof under act of 1017. — Under the act of 
 1913 the injured employee was required to 
 bring home the serious and wilful miscon- 
 duct referred to in section 12(b) to an elec- 
 tive officer of his corporation employer; but 
 this requirement is not made by the act 
 of 1917, and it is sufficient that the officer 
 charged with such conduct should be in- 
 vested with the general conduct and con- 
 trol of the particular place, whether elec- 
 tive or appointed. — Horst Co. v. Industrial 
 Accident Commission, (Cal.) 193 Pac. 105. 
 
 l.^S. Same — Failure to comply with 
 safety order of commission. — The failure of 
 the president and general manager of a 
 corporation, owning and operating a vege- 
 table drying plant, to comply with a safety 
 order of the commission requiring the box- 
 ing of all transmission shafting within 
 seven feet of the floor or ground consti- 
 tuted serious and wilful misconduct. — 
 Horst Co. V. Industrial Accident Commis- 
 sion, (Cal.) 193 Pac. 105. 
 
 139. Same — Defined. — "Serious miscon- 
 duct" on the part of an employer means 
 conduct which the employer either knew, or, 
 ought to have known, if he had turned his 
 mind to the matter, to be conduct likely to 
 jeopardize the safety of his employees. — 
 Horst Co. v. Industrial Accident Commis- 
 sion, (Cal.), 193 Pac. 105. 
 
 140. "Serious nii.sconduct" may be de- 
 fined as conduct that an average workman 
 in being guilty of either would know, or 
 ought to know, if he turned his mind to con- 
 sider the matter, to be conduct likely to 
 jeopardize his own and his fellow work- 
 men's safety. — Hor.st Co. v. Industrial Acci- 
 dent Commission, (Cal.) 193 Pac. 105. 
 
 140a. Same — Increase of compensation.^ 
 The increase of compensation on account of 
 the serious and wilful misconduct of the 
 employer includes the disability indemnity, 
 but not the expense of medical treatment 
 to which the injured employee is entitled. 
 — Hamilton v. E. Clemens Horst Co., 6 
 I. A. C. Dec. 185. 
 
 141. The Increase of one-half compen- 
 sation provided for by section 6(b) of the 
 act of ini7, where the employer's serious 
 and wilful misconduct was the proximate 
 cause of the injury is to be paid by the 
 
 employer and not by the Insurance carrier. 
 — Hamilton v. E. Clemens Horst Co., 8 
 I. A. C. Dec. 185. 
 
 S. Insurance carrier. 
 
 142. Employer member of associatlon-^a 
 Not "insurance carrier." — Where an em- 
 ployer is a member of an association of 
 employers in the same line of business, the 
 by-lawa of which asociation provide for the 
 reimbursement to its members, out of dues 
 collected for that purpose, of amounts 
 which they had actually paid as compensa- 
 tion to injured employees, it was held that 
 such an arrangement is not a contract of 
 insurance within the meaning of section 34 
 of the act; that the insurer is not an "in- 
 surance carrier " as defined by subdivision 6 
 of section 2 of the act and that the com- 
 mission is without jurisdiction to deter- 
 mine the respective rights and liabilities of 
 the parties to such an arrangement. — Eris v. 
 Rohde, 4 I. A. C. Dec. 86. 
 
 143. Policy specifically designating em- 
 ployees covered. — A workmen's compensa- 
 tion policy covering employees specifically 
 designated as miners, hoistmen, surface 
 trammen, timekeeper and roustabout, mill- 
 men, blacksmith and helper, and cook and 
 waiter, does not include the occupation of a 
 mine superintendent, where there is noth- 
 ing in the contract from which an intent to 
 extend the policy beyond the employees 
 specifically designated. — Pacific Coast C. Co. 
 V. Industrial Accident Commission, 176 Cal. 
 24, 25, 167 Pac. 539. 
 
 144. One of two Joint employers Insured 
 —Insurance carrier and other employer 
 liable. — Where one of two joint employers 
 was insured against liability for compen- 
 sation and nothing was said as to the in- 
 terests of the other employer, and an in- 
 jury occurred which was covered by said 
 insurance and the insurance carrier was in- 
 sured, it was held that the insurance car- 
 rier and the other employer were jointly 
 liable for compensation. — Perry v. John- 
 son, 4 I. A. C. Dec. 163. 
 
 145. Construction of poIicy^Mining su- 
 perintendent not included. — In the present 
 case a mining superintendent was held not 
 included in the policy of insurance cover- 
 ing employees of a mining company. — Pa- 
 cific, etc., Co. V. Industrial Accident Com- 
 mission, 176 Cal. 24, 167 Pac. 539, 4 I. A. C. 
 Dec. 272 (Angus v. White Gulch Mining Co., 
 3 I. A. C. Dec. 87). 
 
 146. Employee specifically covered — In- 
 surance carrier can not claim non-liability 
 because illegally employed. — Where a pol- 
 icy of insurance was issued upon an old 
 application for a single employee and at 
 the time of the application no inquiry was 
 made as to whether such employee was 
 legally employed or not, the insurance car- 
 rier can not afterwards claim non-liability 
 because of the fact that the employee was 
 an errand boy under 15 years and illegally 
 employed under section 10 of the California 
 child labor law. — Sharon v. Bornstein, 5 
 1. A. C. Dec. 166.
 
 1601 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 147. Policy exclnding executive offleers— 
 Mining snperintendent not execntive offlcer. 
 
 — All assistant superintendent of a mining' 
 comi.any also occupying the position of a 
 nominal director of the company was held 
 not to be actually employed in an execu- 
 tive capacfty within the meaning- of the 
 policy which excluded the executive offices 
 of the assured. — Aby v. Casualty & Guar- 
 anty Co.. 5 I. A. C. Dec. 160. 
 
 148. "Executive offlcer"^Dummy direc- 
 tor not executive officer. — An executive of- 
 ficer is one who acts in an official capacity 
 regardless whether or not he is on the board 
 of directors, and a "dummy director" is not 
 an executive officer, unless in addition to his 
 nominal executive office, he is actually em- 
 ployed in an executive capacity. — Morgan v. 
 Morgan Improvement Co.. 4 I, A. C. Dec. 66. 
 
 149. Same — Director executive officer.^ 
 
 A director of a corporation was held in the 
 present case to be an executive offlcer of 
 the corporation within the meaning of an 
 insurance policy which covered the risk of 
 "clerical office employees, excluding execu- 
 tive officers." — Kohnhorst v. Employers, 
 etc., Co., Corporation, 4 I. A. C. Dec. 138. 
 
 150. Interpretation of policy — ''General 
 farm vrork, excluding tlie operation of farm 
 machinery." — Where an insurance policy 
 contained under the manual classification 
 of kind of occupation the statement "gen- 
 eral farm work excluding the operation of 
 farm machinery (no blasting)" and con- 
 tained as estimated pay roll of all em- 
 ployees and an estimated advance premium, 
 and provided that the estimated pay roll 
 included the entire remuneration of all per- 
 sons employed in the service of the em- 
 ployer in his business operations and was 
 given to fix the estimated advance premium 
 and that if the employer should make any 
 extension or change in his business, he 
 should pay an additional premium, it was 
 held that the quoted statement merely 
 afforded a basis for computing the advance 
 premium and did not exclude the operation 
 of farm machinery from the occupations 
 covered by the policy. — Dobson v. Ellis, 4 
 I. A. C. Dec. 357. 
 
 151. Same — Same — Assistant to tractor 
 engineer. — The engineer of a caterpillar en- 
 gine used to pull a disc harrow is not cov- 
 ered by the policy, but a person whose duty 
 it was to stand at one end of the field and 
 hold a lantern to guide the engineer on his 
 return from the other end, is covered, 
 since he was assisting in plowing the field, 
 and not in the special part of the work re- 
 quiring the operation of machinery. — Mary- 
 land, etc. Co., V. Industrial Accident Com- 
 mission, 178 Cal. 491, 173 Pac. 993, 5 I. A. C. 
 Dec. 154. (Dobson v. Ellis, 4 I. A. C. Dec. 
 357). 
 
 152. Assignment or change of interest. — 
 Where a policy issued by an insurance cer- 
 rier, contained a clause to the effect that 
 no assignment or change of interest should 
 be valid unless endorsed in the policy and 
 signed by an officer of the carrier, the in- 
 surance ceases on such transfer, notwith- 
 standing the business continued to be con- 
 Gen. Laws — 101 
 
 ducted by the new owner under the same 
 firm name. — Disberg v. Karber, 5 I. A. C 
 Dec. 30. 
 
 152a. Assignment for benefit of cred- 
 itors. — Where the full control of a wine 
 business was turned over to a creditor by 
 power of attorney to manage for the bene- 
 fit of himself and other creditors and the 
 owners of the business, it was held that 
 the liability of the insurance carrier con- 
 tinued to cover the employees of the own- 
 ers after such transfer of control. — Zanott' 
 V. Aquilino & Lagomarsino Co., 3 I. A. C. 
 Dec. 53. 
 
 153. Padding of pay roll -without car- 
 rier's knotvledge. — A subcontractor's em- 
 ployees were not insured by the contractor'f 
 insurance policy, where the latter's pre- 
 mium was estimated from his pay roll 
 which, without the carrier's knowledge 
 contained the subcontractor's pay roll. — Al- 
 varado v. Donaldson, 5 I. A. C. Dec. 84. 
 
 154. Insurance carrier — Loss of right to 
 do business in state. — The fact that the in- 
 surance carrier, after the injury, has lost 
 the right to do business in the state, can 
 not deprive the employee of the right to 
 give the notice required by section 34 of the 
 act. — Weiser v. Industrial Accident Com- 
 mission, 172 Cal. 538, 540, 157 Pac. 593. 
 
 155. Policy specifically covering chauf- 
 feurs. — Policy of insurance carrier covering 
 employer's business operations in connec- 
 tion with his electrical store, and specifi- 
 cally covering chauffeurs, was held to cover 
 a fatal injury to a chauffeur incurred while 
 driving the automobile used in the employ- 
 er's business while carrying as a passenger 
 a former employee, under his employer's 
 instruction, from the office of another com- 
 pany to her home. — Millard v. Kennedy, 6 
 I. A. C. Dec. 118. 
 
 156. Clause of policy excluding "con- 
 struction of se-ners." — Under an insurance 
 policy, covering liability of a company en- 
 gaged in road or street making, a clause 
 that the policy shall cover changes in and 
 extensions of the business of the insured, 
 does not cover the excavation of a trench 
 for a conduit for the drainage of a swim- 
 ming tank where it contained a proviso 
 that it should not cover the "construction 
 of sewers." — Worswick etc. Co. v. Indus- 
 trial Accident Commission, 58 Cal. Dec. 453, 
 185 Pac. 953, 6 I. A. C. Dec. 226; Employer's 
 etc. Co. V. Industrial Accident Commission, 
 58 Cal. Dec. 453, 185 Pac. 953, 6 I. A. C. Dec. 
 226; Worswick etc. Co. v. Industrial Acci- 
 dent Commission, 58 Cal. Dec. 460, 461, 185 
 Pac. 953, 6 I. A. C. Dec. 223, 224; Employer's 
 etc. Co. V. Industrial Accident Commission, 
 58 Cal. Dec. 460, 461, 185 Pac. 953, 6 I. A. C. 
 Dec. 223. 224. 
 
 157. Rescission of policy for misrepresen- 
 tation after commencement of proceeding. — 
 A policy can not be avoided after the com- 
 mencement of proceedings for a death bene- 
 fit. — Mann v. Johnson, 4 I. A. C. Dec. 253. 
 
 158. Liability of insurance carrier — After 
 accrual of rights. — Where the rights of an 
 applicant for a death benefit had accrued at 
 the time of the injury and before cancella-
 
 Act 2781 
 
 GENKRAL L,A>%'S. 
 
 1G02 
 
 tlon of the policy, the poUcy could not be 
 avoided because of the employer's misrepre- 
 Bentations. — Mann v. Johnson, 4 I. A. C. Dec 
 :i53. 
 
 159. In«nrance cnrrlet bound by repre- 
 Mrntntiuna of his n>rent. — An insurance car- 
 rier was held bound by the representations 
 uf his agent that the policy was in full force 
 and effect at the time of the injury, not- 
 withstanding the failure of the agent to 
 account for the premium received by him 
 and the Issue of a five day's notice of can- 
 cellation to which the attention of the local 
 agent was called and promised to correct 
 the matter, but failed to do so. — Marion v. 
 Fuller, 4 I. A. C. Dec. 281. 
 
 160. An innurnnee carrier is bound by 
 the act of his agent In renewing an old 
 policy so as to date from its expiration ac- 
 cording to the custom of such insurance 
 carrier. — Lamb v. Pond, 5 I. A. C. Dec. 99. 
 
 161. Renewal of policy dated after In- 
 jury. — Where a renewal policy, dated from 
 the expiration of the old policy according to 
 the custom of the insurance carrier, al- 
 though Issued after an injury was held to 
 have protected the employer and employee 
 covered by the old policy. — Lamb v. Pond, 
 5 I. A. C. Dec. 99. 
 
 IQ'J. Waiver of llleg:al employment. — The 
 illegality of the employment of a minor is 
 not waived by an insurance carrier where it 
 had no knowledge of such illegality. — Mary- 
 land Casualty Co. v. Industrial Accident 
 Commission, 179 Cal. 716, 178 Pac. 858, 6 
 I. A. C. Dec. 30. 
 
 16S. Illegral employment of minor. — An 
 award under the act against an insurance 
 carrier of the employers of a minor of the 
 age of fifteen years and two months with- 
 out the issuance of the certificate required 
 by the child labor law of 1915, and its pre- 
 sentation to his employers; and the illegal 
 character of the employment is not changed 
 by the fact that he was injured after school 
 hours, where he was employed six days in 
 the week and during the whole day; nor is 
 It changed by the fact that such minor was 
 attending night school. — Maryland Casualty 
 Co. V. Industrial Accident Commission, 179 
 Cal. 716, 178 Pac. 858, 6 I. A. C. Dec. 30. 
 
 164. Policy covering all employees — Mi- 
 nor lIleKT.iIly employed covered. — A policy of 
 Indemnity issued by an insurance carrier 
 to cover all employees legally employed is 
 not void ab initio, because of the illegal 
 employment of a minor, but would attach 
 as to such minor upon the issuance to him 
 of a proper certificate or to any other em- 
 ployee who might take his place. — Mary- 
 land Casualty Co. v. Industrial Accident 
 Commission, 179 Cal. 716, 178 Pac. 858, 6 
 I. A. C. Dec. 30. 
 
 165. Condition acrainNt illep'al employ- 
 ment. — Where there was a condition in the 
 policy that no person should be employed 
 in violation of law, the employment of a 
 minor below the legal age in violation of 
 law voided the policy notwithstanding con- 
 dition of the same policy, providing that 
 no default as to any condition of the policy 
 
 shall affect the right of the employee to 
 compensation. — Clarke v. Gise, 5 I. A. C. 
 Dec. 219. 
 
 166. Where an inMUrance policy excluded 
 minors employed in violation of law and no 
 written permit of employment was obtained 
 for a minor employee, though oral assur- 
 ance was given, it was held that the insur- 
 ance carrier was not liable. — Yeager v. Uni- 
 versal, etc., Co. 5 I. A. C. Dec. 131. 
 
 167. Requirement aa to notice munt be 
 complied with. — The provisions of the pol- 
 icy with reference to notice from the em- 
 ployer to the Insurance carrier must be 
 complied with and the presumption of sec- 
 tion 30 can not be relied upon. — Fry v. Mc- 
 Kay, 5 I. A. C. Dec. 136. 
 
 168. Compliance with requirement aa to 
 notice munt be proved. — The notice required 
 by the policy to be given by the employer 
 to the insurance carrier must be proved in 
 a claim by the employer's physician against 
 the insurance carrier. — Fry v. McKay, 6 
 I. A. C. Dec. 136. 
 
 16Sa. Liability of carrier must be ralld 
 and enforceable to relieve employer of lia- 
 bility. — It is held that the assumption of 
 liability of the insurance carrier must be 
 valid and enforceable in order to relieve the 
 employer from liability under the terms of 
 the act. — Hoover v. Kuykendall, 3 I. A. C. 
 Dec. 51. 
 
 V. Eight to Compensation. 
 
 1. Employee, a. In general. 
 169. Who are employees — Personal con- 
 trol. 
 
 ' ' Employee ' ' — Broad interpreta- 
 tion to be given. 
 
 Boxer in bout at social club. 
 
 Volunteer services- — Fireman. 
 
 Same — Picket for labor union. 
 
 Tentative engagement without pay 
 — Porter at county hospital. 
 
 Contract of hire not necessary — Ap- 
 pointment sufBcient. 
 
 Teamster for share of daily earn- 
 ings without sharing losses. 
 
 Husband as employee of wife. 
 
 Lumber tallyman — Procured 
 
 through association. 
 
 Flagman for two railroads, 
 
 b. Employment. 
 
 "Manual labor" — Expressman. 
 
 Compensation — On commission and 
 salary. 
 
 Salesman on commission — Injury 
 in hotel fire. 
 
 Donation of services — No intention 
 of hiring. 
 
 Employee furnished by agency — 
 Commencement of employment. 
 
 Continuation of employment after 
 engaging in outside work. 
 
 Work while final negotiations for 
 employment pending. 
 
 Termination of employment — Ef- 
 fect of letter refusing increase in 
 salary. 
 
 Chanffefir selling second-hand au- 
 tomobiles on commission. 
 
 170. 
 
 171. 
 172. 
 373. 
 174. 
 
 175, 
 
 176. 
 
 177. 
 178. 
 
 179. 
 
 180. 
 181. 
 
 181a. 
 
 182. 
 
 183. 
 
 184. 
 
 185. 
 
 186. 
 
 186a.
 
 1603 
 
 MASTER AND SERVANT. 
 
 Act 2T81 
 
 c. Minors. 
 
 187. Work for parent — Positive evidence 
 
 of employment required. 
 
 188. Same — Unemancipated minor son. 
 
 189. Fourteen-year-old Mexican — Em- 
 
 ployee of motion picture com- 
 pany. 
 
 189a. Employee as taxi-driver. 
 
 190. Majority of female employee. 
 
 d. Official. 
 
 191. Justice of the peace not an em- 
 
 ployee. 
 
 192. Sheriff not an employee. 
 
 193. Citizen aiding peace officer to make 
 
 an arrest not an employee. 
 
 194. Judge of an election board not an 
 
 employee. 
 
 195. A teamster employed at a munici- 
 
 pal woodyard. 
 
 196. Employment on behalf of munici- 
 
 pality. 
 
 e. Independent contractor. 
 
 197. Test of independent employment. 
 
 198. Employee and independent con- 
 
 tractor — Distinction. 
 
 199, 200. Woodchopper on piecework basis- 
 Employee. 
 201. Woodchopper — Employee. 
 
 202- 206. Same — Independent contractor. 
 
 207. A tie cutter on a piecework basis. 
 
 208. Lumber piler — Employee. 
 
 209. Driver of bakery wagon — Selling 
 
 bread on commission — Employee. 
 
 210. Same — Choosing own time, not con- 
 
 clusive. 
 
 211. Laundry collector on commission 
 
 basis — ^Employee. 
 
 212. Real estate salesman on commis- 
 
 sion basis. 
 
 213. Traveling salesman on commission 
 
 basis — Employee. 
 213a. A salesman with exclusive sales 
 rights, on commission — Employee. 
 
 214. Foreman of a "station gang" on 
 
 the Hetch-Hetchy project — Em- 
 ployee. 
 
 215. Expressman — Employee. 
 
 216. School boy engaged to assist in 
 
 janitor work — Employee. 
 
 217. Shingle maker on piecework basis 
 
 — Employee. 
 
 218. Cemetery employment — Employee. 
 
 219. Trim sawyer for lumber mill — Em- 
 
 ployee. 
 
 220. Newspaper carrier — Employee. 
 
 221. Newsboy — Independent contractor 
 
 — Employee. 
 
 222. Painters — Employees. 
 
 223. Same — Independent contractor. 
 
 224. Farmer hauling pipe for his own 
 
 farm for contractor — Employee. 
 
 225. Foreman of water company, fur- 
 
 nishing team and driver; both 
 held employees of company. 
 
 226. Italians pruning vines, etc. — Em- 
 
 ployees. 
 
 227. Truck driver — Independent con- 
 
 tractor. 
 
 228. Aviator — Independent contractor. 
 
 229. Teaming and grading — Independent 
 
 contractor. 
 229a. Teamster using own time — Hauling 
 tanbark at fixed price per ton. 
 
 230. Window washer — Independent con- 
 
 tractor, 
 
 f. Partners as employees. 
 
 231. Act of 1917— Working partner re- 
 
 ceiving wages. 
 
 232. Act of 1913— Partner receiving 
 
 wages, 
 
 B. Dependent. 
 
 233. "Member of family" — Definition, 
 
 234. Daughter-in-law and grandchild. 
 
 235. Termination of assumed obligation 
 
 to support sister. 
 
 236. Non-resident parents — Presumption 
 
 as to dependency. 
 
 237. Minor child of divorced parents. 
 
 238. Same — Father's statutory obliga- 
 
 tion not ended by divorce decree. 
 
 239. Dependency of father on minor son. 
 
 240. Stepmother. 
 
 241. Invalid son — Wife's earnings. 
 242-244a. Wife — Interlocutory decree of di- 
 vorce without alimony. 
 
 245. Divorce — -No condition as to sup- 
 port of children — No dependency 
 of children. 
 
 £46. Illegitimate minor children living 
 with his family. 
 
 246a. Same — Finding supported by evi- 
 dence. 
 
 247. Woman and employee living to- 
 
 gether in good faith as husband 
 and wife, though not married. 
 
 248. Woman and employee living to- 
 
 gether — No legal liability for 
 support. 
 
 249. Woman married to employee with- 
 
 out divorce from previous hus- 
 band. 
 
 250. Wife separated from employee be- 
 
 cause of latter 's desertion — De- 
 cree for separate maintenance. 
 
 251. Wife living separate and apart 
 
 from husband against his will. 
 
 252. Wife's justified desertion of em- 
 
 ployee. 
 
 253. Remarriage of widow of deceased 
 
 employee. 
 
 254. Wife confined in insane asylum. 
 
 255. Stranger to the blood — House- 
 
 keeper for employee, 
 
 1. Employee, a. In general. 
 
 169. Who are employees — Personal con- 
 trol. — Whether one is an employee w^ithin 
 the meaning- of the workmen's compensa- 
 tion act or not, depends upon those partic- 
 ular circumstances which tend to show 
 vt^hether, at the precise time of the accident 
 for wliich compensation is sought, the 
 petitioner had power to exercise over the 
 applicant such personal control as to attri- 
 bute to him the characteristic of an em- 
 ployee. — Brown v. Industrial Ace. Com., 174 
 Cal. 457, 460, 163 Pac. 664. 
 
 170. "Employee" — Broad Interpretation 
 to be given. — As to liberal construction of 
 the act by giving the term "employee" a
 
 Act 2781 
 
 GENERAL LAWS. 
 
 ]C(M 
 
 broad Interpretation. — Western Indemnity 
 Co. V. nilsbury. 172 Cal. 807. 159 Pac. 721. 
 
 Who ia a Turkman within the meaning 
 of the worknien's coniix'iisation act. — See 
 note to Walker v. Crystal Palace Football 
 Club. Ann. Cas. 1913C. 28. 
 
 The niihjert of workmen's eompcnMntion 
 «cta is elaborately discussed in Labatt's 
 work on Master and Servant (2d ed.). See, 
 also, Honnold's Treatise on American and 
 Knii;lish Workmen's Compensation Laws, 
 with the 1918 supplement. 
 
 171. Iloxer In bout at nodal clnb. — .A.n in- 
 Jury to a boxer in a bout at a social club is 
 not compensable. — Andrich v. Young, 5 
 I. A. C. Dec. 171. 
 
 173. Volunteer aervloea — Fireman. — A 
 voluntary flremun is in the ser%'ii'e of the 
 city under a contract of hire even though 
 he serves without pay. — Noyes v. City of 
 Kureka. 5 I. A. C. Dec. 163. 
 
 173. Same — Picket for labor union. — 
 Where a member of a labor union volun- 
 teered for picket duty which was not com- 
 pulsory, and he worked for only such time 
 as he desired and he received strike bene- 
 fits regardless of any service as picket, it 
 was held that said picket was not an em- 
 ployee of said labor union. — Olsen v. Rig- 
 gers & Stevedores Union, 4 I. A. C. Dec. 252. 
 
 174. Tentative enKncrement '«vithout pay 
 — I'orter at county hoHpItal. — A patient in 
 a county hospital engaged as a porter on 
 trial is during such tentative engagement, 
 an employee of the hospital. — Hippensteel 
 V. County of Fresno, 4 I. A. C. Dec. 304. 
 
 l?.**. rontrncf of hire not necessary — .\p- 
 pointment Hulflclent. — An appointment of 
 hire is sufficient without a contract of hire, 
 to create the status of employer and em- 
 ployee under the provisions of sections 13 
 and 14 of the act. — Hartman v. Ralston Iron 
 Works, 4 I. A. C. Dec. 13. 
 
 176. Tenmnter for Mlinre of daily earn- 
 Inicn without nhnrini; Ioxmch. — Where one 
 drives another's team and wagon for one- 
 half the daily earnings, less the cost of the 
 feed of the team, without sharing losses, 
 he Is an employee and not a partner. — 
 Hieronlmus v. California, etc., Co., 6 I. A. C. 
 Dec. 19. 
 
 177. Hnnband an employee of wife. — 
 There is considerable doubt whether under 
 the laws of California, either a husband or 
 a wife can be an employee of the other. — 
 Braun v. Braun, 4 I. A. C. Dec. 90. 
 
 17K. Lumber tallyman — Procured throui^h 
 aMNociation. — A tallyman is an employee 
 of a lumber shipper though his services 
 are procured through the tallyman's asso- 
 ciation. — Holcomb v. Standard Oil Co., 6 
 I. A. C. Doc. 240. 
 
 170. PlaR-man for trro railroads. — A flag- 
 man performing duties for two adjoining 
 railroads was held to be a joint employee 
 of both, although directed and paid by one 
 company only. — Robinson v. San Francisco, 
 etc.. Railways, 5 I. A. C. Dec. 138. 
 
 h. Employment. 
 180. "Manual labor" — KxpreHsman. — The 
 
 work of an expressman is manual labor 
 
 within the meaning of the act, although he 
 also furnishes a truck. — Reeves v. Fllck- 
 enger, 5 I. A. C. Dec. 173. 
 
 ISl. ComprnNation — On commlnnion and 
 salary. — Tlie fact that the compensation of 
 an employee is partly by salary and partly 
 by commission, does not affect the employ- 
 er's liability, where the latter Is entitled to 
 all the employee's working hours, and to 
 direct his labor, and such employee would 
 be entitled to compensation if injured 
 while earning commission as when earning 
 salary. — Cameron v. Pillsbury, 173 Cal. 83, 
 84, 159 Pac. 149. 
 
 181n. .Salesman on commission — Injury lu 
 hotel flre. — A salesman on commission does 
 not come within the benefits of the act of 
 1913, and his injuries and losses in a fire 
 in a hotel where he was stopping for the 
 night, in a town where he was to be lo- 
 cated indefinitely, are not compensable. — 
 Forman v. Industrial Accident Commission, 
 31 Cal. App. 441, 160 Pac. 857. 
 
 ISl!. Donation of services— No intention 
 of hlrlnfc. — An applicant for compensation 
 was not working In the employment of an- 
 other within the meaning of section 8(a) of 
 the act of 1917, where he donated his serv- 
 ices, and there was no intention to enter 
 into a contract of hire or apprenticeship. — 
 Hitchcock v. American National Red Cross, 
 6 I. A. C. Dec. 58. 
 
 1S.3. Employee furnished by asrency^ 
 Commencement of employment. — Where an 
 employee was furnished by an employment 
 agency for work on a . state highway and 
 was killed in an automobile accident while 
 on his way to the place of his employment 
 sixty miles distant, it was held that under 
 the circumstances the contract of employ- 
 ment had been consummated when the ar- 
 rangement was entered into and that ad- 
 verse action by the foreman on the job 
 after the employee reached such place 
 would be a discharge and not a refusal to 
 confirm the employment. — McGillivray v. 
 California Highway Commission, 5 I. A. C. 
 Dec. 181, 5 I. A. C. Dec. 208. 
 
 1N4. Continuation of employment after 
 engnKlng In outHide work. — In this case it 
 was held that the relation of employer and 
 employed continued after salary of a mas- 
 seuse was discontinued and she was al- 
 lowed to engage In outside work and keep 
 the tips and fees collected from her pa- 
 tients, her duties remaining the same and 
 she continuing to receive her board and 
 lodging. — McLean v. Guenther, 4 I. A. C. 
 Dec. 300. 
 
 1S."». 'Work while final ncfcotlations for 
 employment pending- — Work performed 
 pending final negotiations as to the terms 
 of the employment is held to be work per- 
 formed pursuant to a contract of hire and 
 an Injury sustained in course thereof la 
 compensable. — Kendall v. Perry, 5 I. A. C. 
 Dec. 167. 
 
 ISO. Termination of employment — Effect 
 of letter refiiNing increase In salary. — A let- 
 ter written by an employer to his employee 
 in answer to a request for a raise of salary, 
 wliich gave the latter the option of leaving
 
 1605 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 or of continuing the employment at the 
 existing salary, did not have the effect of 
 terminating the employment, and a finding 
 of the commission that the employment still 
 existed can not be disturbed. — Krobitzsch v. 
 Industrial Accident Commission, 58 Cal. 
 Dec. 445, 185 Pac. 396, 6 I. A. C. Dec. 218 
 (Starkey v. Krobitzsch, 6 I. A. C. Dec. 61). 
 I86a. Chauffeur nelling second-hand an- 
 toinobileH on commission. — Where the chauf- 
 feur employed by an automobile owner is 
 incidentally given, by the proprietor of the 
 garage where the automobile is kept, op- 
 portunity in his leisure moments to aid in 
 the sale of second-hand automobiles on com- 
 mission, but is under no duty to do so nor 
 under the control or direction of the pro- 
 prietor, it was held that he was not in the 
 employment of the proprietor. — Lane v. 
 Herrick, 3 I. A. C. Dec. 29. 
 
 c. Minors. 
 
 187. Work for parent, etc Positire evi- 
 dence of employment required. — Where 
 services are being rendered by a minor 
 child to its parent, by a wife to a husband 
 or by a husband for the benefit of his wife 
 and family, the normal presumption is that 
 the services were rendered in the course 
 of the duties arising out of such relation- 
 ship, unless there be positive evidence to 
 establish an additional relationship. — Braun 
 v. Braun, 4 I. A. C. Dec. 90. 
 
 188. . Same — Unemancipated minor son. — 
 
 The father of a minor of 19 years of age 
 living with his parents at their home on 
 the father's ranch, is not entitled to pay- 
 ment from the insurance carrier which is- 
 sued its policy protecting against claims for 
 injuries on the part of his employees and 
 for medical and other expenses incurred, by 
 him, growing out of an injury to his son 
 received while the son was rendering serv- 
 ices to his father, where the evidence shows 
 that the minor had not been emancipated, 
 and therefore unable to enter into a valid 
 contract of hiring. — Aetna, etc., Co. v. In- 
 dustrial Accident Commission, 175 Cal. 91, 
 L. R. A. 1918F, 194, 165 Pac. 15, 4 I. A. C. 
 Dec. 119 (Aetna, etc., Co. v. Rieck, 3 I. A. C. 
 Dec. 163). 
 
 189. Fourteen-year-old Mexican — Em- 
 ployee of motion picture company. — A four- 
 teen-year-old Mexican boy was held under 
 the circumstances of this case to have been 
 an employee of a motion picture company. — 
 Villaneva v. Fox Film Co.. 4 I. A. C. Dec. 
 191. 
 
 ISDa. Employee as taxi-driver. — In this 
 case, the applicant for compensation, who 
 was a boy sixteen years old, was held to 
 be an employee of the defendant as a taxi- 
 driver. — Ellis V. Pedroni, 4 I. A. C. Dec. 258. 
 
 190. Majority of female employee. — Un- 
 der the provisions of the act a female em- 
 ployee attains her majority at twenty-one 
 years of age. — Michaud v. Gouanillon, 6 
 I. A. C. Dec. 264. 
 
 d. Official. 
 
 191. JuHtire of the peace not an em- 
 ployee. — A duly elected and qualified justice 
 
 of the peace is not an employee within the 
 meaning of the compensation act. — 
 Meadows v. County of Kings, 4 I. A. C. 
 Dec. 274. 
 
 192. Sheriff not an employee. — A sheriff 
 is not an "employee" within the meaning 
 of section 14 of the act, which defines an 
 employee to be every person in the service 
 of an employer as defined by section 13 of 
 the act "under any appointment or con- 
 tract of hire or apprenticeship." — Mono 
 County V. Industrial Accident Commission, 
 175 Cal. 751, 167 Pac. 377, 4 I. A. C. Dec. 
 269 (Dolan v. Mono County, 3 I. A. C. Dec. 
 358). 
 
 193. Citizen aiding peace officer to make 
 arrest not an employee. — Where a citizen 
 volunteered his services to aid a peace of- 
 ficer in making an arrest at a threatened 
 breach of the peace and his offer of aid was 
 accepted by the arresting officer and he was 
 injured while so assisting said officer, it 
 was held that since said citizen rendered 
 said aid solely by reason of a duty imposed 
 upon him by law, he was not an employee 
 of the municipality at the time of said in- 
 jury. — Richardson v. City of Santa Rosa, 4 
 I. A. C. Dec. 380. 
 
 194. Judge of an election board not an 
 employee. — The judge of an election board 
 at a municipal election is not an employee 
 of the city, and is not entitled to compen- 
 sation under the act for Injuries received 
 while performing the political duty, not 
 within the control of the city, so as to re- 
 quire it to provide means for his safety, of 
 carrying the election returns from the poll- 
 ing place to the city hall. — Los Angeles v. 
 Industrial Accident Commission, 35 Cal. 
 App. 31, 169 Pac. 260. 
 
 195. A teamster employed at a municipal 
 woodyard for unemployed persons, to 
 perform all such services as were re- 
 quired by him by the superintendent, was 
 held to be an employee of the city within 
 the meaning of the compensation act. — 
 North V. City of Oakland, 4 I. A. C. Dec. 
 231. 
 
 196. Employment on behalf of munici- 
 pality. — A helper hired by a municipal em- 
 ployee in the belief of both parties that he 
 was authorized to do so for the municipal- 
 ity, was held not to have been an employee 
 of the defendant municipality and since it 
 was understood by the parties that the em- 
 ployment was by the city, the said em- 
 ployee was not the employer of the helper. 
 — Good V. City of San Bernardino, 5 I. A. C. 
 Dec. 116. 
 
 e. Independent contractor. 
 
 197. Test of independent employment. — ■ 
 
 The test of an independent contractor is 
 that he renders services in the course of 
 an independent employment or occupation, 
 following his employer's desires only as to 
 the results of his work, but not in tho 
 means whereby it is to be accomplished. — 
 Brown v. Industrial Accident Commission, 
 174 Cal. 457, 460, 163 Pac. 664. 
 
 198. Employee and independent con- 
 tractor — Distinction. — As to distinction be-
 
 Act 2781 
 
 GENERAL. I-VW^S. 
 
 lene 
 
 tween a "servant" or "employee" and an 
 independent contractor. — Western Indem- 
 nity Co. V. Pillsbury, 172 Cal. 807, 159 Pac. 
 721. 
 
 109. W'ood<-hopper on piecework ImHis— 
 Employee. — A woodchopi)er working on a 
 piecework basis was held under the circum- 
 stances of the preesnt case to be an em- 
 ployee and not an independent contractor. — 
 Duncan v. Parsons, 4 I. A. C. Dec. 201. 
 
 200. A woodchopper working on a piece- 
 work bn.sis is an employee and not an In- 
 dependent contractor. — Mills v. Pomon, 4 
 I. A. C. Dec. 295. 
 
 201. AVoodfhopper — Employee. — Where a 
 woodchopper was engaged to cut wood at 
 so much a cord he and his companions to 
 supply their own tools, and no hours of 
 service agreed upon and the arrangement 
 could be terminated by either party at any 
 time. It was held that his services con- 
 sisted of "manual labor" and that he was 
 an employee and not an independent con- 
 tractor. — Swain v. Scott, 5 I. A. C. Dec. 143. 
 
 202. Same — Independent contractor. — A 
 woodchopper engaged to cut a specified 
 amount of railroad ties and cordwood at a 
 specified rate per cord and per tie, to fur- 
 nish his own tools, select his own place of 
 work, and to work at such times and in 
 such manner as he chose, subject to no 
 control except that the defendant retained 
 the right to reject any tics or wood not 
 up to specifications, vras held to be an in- 
 dependent contractor and not an employee. 
 — Fleming v. Bucksport, etc., Co., 5 I. A. C. 
 Dec. 53. 
 
 203. One who agrees vrith the o^vner ot 
 land to cut wood thereon for a specified 
 price per cord, furnishing his own tools 
 and working when he pleased, is an inde- 
 pendent contractor, although there was 
 nothing specific in the contract as to the 
 number of cords to be cut, and the employ- 
 ment might be terminated at the will of 
 either party. — Parsons v. Industrial Acci- 
 dent Commission, 178 Cal. 394, 173 Pac. 585. 
 
 204. One who aarrees with the superin- 
 tendent of a corporation to cut cordwood 
 and posts at a specified rate per cord and 
 per post, with the understanding that he 
 was to keep at work until notified by the 
 superintendent tliat a sufficient quantity 
 had been produced, without any agreement 
 as to hours of labor or methods to be pur- 
 sued, is an independent contractor and not 
 an employee under the act. — Fidelity & 
 Deposit Co. V. Brush, 170 Cal. 448, 449, 168 
 Pac. 890. 
 
 205. AVhere the Hon of an independent 
 contractor entered into an agreement with 
 his father to work with him and divide 
 equally the amount to be received, he was 
 himself an independent contractor, whether 
 he was a partner or employee of his father, 
 so far as the company contracting with his 
 father was concerned, although the super- 
 intendent of the latter knew and approved 
 of arrangement. — Fidelity & Deposit Co. v. 
 Brush, 176 Cal. 448, 450, 168 Pac. 890. 
 
 200. One who eontrnctit to cat ivood for 
 a stipulated price per cord is an inde- 
 
 pendent contractor, and the owner of the 
 land Is not liable under the act for com- 
 pensation for personal injuries suffered by 
 an employee of a subcontractor. — Donlon 
 Bros. V. Industrial Accident Commission, 
 173 Cal. 250, 251, 159 Pac, 715. 
 
 207. A tie cutter on a piecework basis, 
 without any specification as to hours of 
 labor, who furnishes his own tools for 
 making the ties, and the owner furnishes 
 the tools for felling the trees, Is, under 
 section 8(b) of the act, not an employee, 
 but an Independent contractor. — Simpson v. 
 Decker, 6 I. A. C. Dec. 216. 
 
 208. Lumber pller — Employee. — Where a 
 lumber piler contracted with a lumber com- 
 pany to pile lumber cut In Its mill at a 
 certain rate per thousand feet piled and 
 he hired the men to do the work and con- 
 trolled and discharged them, and the 
 amount of lumber piled was reported to the 
 company each night and the lumber piler 
 did not work himself and the earnings 
 were divided equally between him and the 
 men, who were paid directly by the com- 
 pany. It was held that said men and said 
 lumber piler were employees of said com- 
 pany. — Singley v. Standard Lumber Co., 4 
 I. A. C. Dec. 161. 
 
 200. Driver of bakery wagon — Scllinii;- 
 bread on commission ^ Employee. — The 
 driver of a bakery wagon, selling bread on 
 commission, who received a guarantee of 
 fifteen dollars per week, returning to the 
 bakery owner all over fifteen dollars per 
 week, and who received nothing extra for 
 different work, was held to be an employee 
 of such bakery owner, and entitled to com- 
 pensation as such. — Easton v. Industrial Ac- 
 cident Commission, 34 Cal. App. 321, 167 
 Pac. 288 (Sohn v. Easton, 4 I. A. C. Dec. 
 104). 
 
 210. Same — Choosing own time, not con- 
 clusive. — The fact that a bakery wagon 
 driver, selling bread on a commission basis, 
 chose his own time to go out on his route, 
 and return, and was not directed by the 
 bakery owner where to go or when to re- 
 turn, has some probative force but was not 
 conclusive of the relationship of employer 
 and employee. — Easton v. Industrial Acci- 
 dent Commission, 34 Cal. App. 321, 167 Pac. 
 288. 
 
 211. Laundry collector on commission 
 basis — Employee. — A laundry collector and 
 solicitor on a commission basis, held an 
 employee under section 8(b) of the act.^ — • 
 Page V. Peerless Laundry Co., 6 I. A. C. 
 Dec. 56. 
 
 212. Real estate salesman on commission 
 basis — Employee. — A person employed to 
 sell real estate, who, by the terms of his 
 contract of employment is required to de- 
 vote all his time to making such sales, and 
 to receive as compensation for his services 
 a commission upon the selling price of each 
 lot sold, the owner reserving the right to 
 approve all sales and to designate the ter- 
 ritory in which the agent should work, is 
 an employee within the meaning of the act. 
 — Brown v. Industrial Accident Commission,
 
 ico: 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 174 Cal. 457, 163 Pac. 6S4, 4 I. A. C. Dec. 73 
 (Skidmore v. Brown, 2 I. A. C. Dec. 493). 
 
 213. Traveling: salesmau on commission 
 Itasi.s — Employee. — A traveling salesman on 
 commission basis held to be an employee 
 and not an independent contractor. — Linder 
 V. McBride, 6 I. A. C. Dec. 151. 
 
 213a. A salesman vrith exclusive sales 
 rigrhts, on commission — Employee. — A sales- 
 man, with exclusive sales rights under com- 
 mission, and a bonus for certain incidental 
 expenses, ■whose whole time is devoted to 
 the service, is an employee and not an in- 
 dependent contractor. — Simmons v. Shepard 
 Salesbrook Co., 6 I. A. C. Dec. 145. 
 
 214. Foreman ot a "station gang" on the 
 Hetch-Hetchy project — Employee. — The 
 foreman of a "station gang" on the Hetch- 
 Hetchy project, who had signed a station 
 gang contract with the general contractor, 
 was an employee of the general contractor 
 and not an independent contractor or mem- 
 ber of an association of independent con- 
 tractors. — Athanasiou v. Rolandi, 4 I. A. C. 
 Dec. 1S4. 
 
 215. Expressman — Employee. — An ex- 
 pressman engaged to haul goods for re- 
 muneration for himself and his truck to 
 be fixed later, is an employee and not an 
 independent contractor. — Reeves v. Flick- 
 cnger, 5 I. A. C. Dec. 173. 
 
 216. School boy engaged to assist in jani- 
 tor work — Employee. — Where a school boy 
 was engaged by the head janitor of the 
 public school to assist in janitor work and 
 to perform the head janitor's duties whilo 
 the latter was ill, was held to be an em- 
 ployee and not an independent contractor. 
 — Hurlburt v. McBurney, 4 I. A. C. Dec. 243. 
 
 217. Shingle maker on pieceT^'ork basis- 
 Employee. — An applicant for compensation, 
 injured while at work under a contract for 
 shingle production on piecework basis, the 
 employer to control methods of work, held 
 to be an employee and not an independent 
 contractor. — Sutro v. Metropolitan, etc., Co., 
 6 I. A. C. 72. 
 
 218. Cemetery employment — Employee. 
 — A person engaged by a cemetery corpora- 
 tion to remove from the cemetery property, 
 by the use of explosives and blasting, some 
 concrete foundations which had formerly 
 supported some discarded water tanks, is 
 an employee, and not an independent con- 
 tractor, where he was to be paid by the 
 day and no restrictions were placed upon 
 the power of the employer to direct and 
 control his operations at will; and for an 
 injury received, he is entitled to compensa- 
 tion. — Rosedale, etc.. Association v. Indus- 
 trial Accident Commission, 37 Cal. App. 706, 
 174 Pac. 351, 5 I. A. C. Dec. 148. 
 
 219. Trim sa^vyer for lumber mill — Em- 
 ployee. — Where by the terms of a written 
 agreement a trim sawyer was to trim all 
 lumber sawed at a mill at a certain rate per 
 thousand feet, was to furnish the necessary 
 labor subject to the lumber company's ap- 
 proval as to persons employed and wages 
 paid, was to do the work in the manner 
 prescribed by the company and use the com- 
 pany's tools and equipment, was paid only 
 
 after all wages to his helpers had been 
 paid and could not sublet any right under 
 the agreement without the written consent 
 of the company, it was held that said saw- 
 yer was an employee of the said lumber 
 company and not an independent contractor. 
 — Reinoldson v. Red, etc., Co., 4 I. A, C. 
 Dec. 367. 
 
 220. Newspaper carrier — Employee. — A 
 newspaper carrier, under the control of the 
 newspaper company, and paid according to 
 the number of papers delivered held to be 
 an employee and not an independent con- 
 tractor. — Smith v. Evening Herald, etc., Co., 
 6 I. A. C. Dec. 192. 
 
 221. NeT*'sboy — Independent contractor — 
 Employee. — A newsboy purchasing papers 
 at wholesale and selling them at retail is 
 an independent contractor and not an em- 
 ployee, but where he is paid a weekly wage 
 for his exclusive services in addition to his 
 earnings, he is an employee. — Servel v. 
 Chronicle Publishing Co., 6 I. A. C. Dec. 23. 
 
 222. Employee or self-employee — Paint- 
 ers — Employees. — Where a partnership un- 
 dertook as independent contractors to do 
 certain painting and arranged with two 
 painters to help with the work for an equal 
 division of the proceeds of the undertaking 
 and said painters were subject to the com- 
 plete control of said partnership in the 
 ■work and could be discharged at any time, 
 it was held that they were employees of 
 said partnership and were not independent 
 contractors or self-employing persons. — 
 Wilcut v. Cudahy Packing Co., 4 I. A. C. 
 Dec. 308. 
 
 223. Same— Independent contractor. — Un- 
 der the circumstances of the present case 
 a painter ■was held to be an independent 
 contractor and not an employee. — Wilcut v. 
 Cudahy Packing Co., 4 I. A. C. Dec. 308. 
 
 224. Farmer hauling pipe for his own 
 farm, for a contractor — Employee. — Where 
 a farmer contracted ■with a pipe contractor 
 for the laying of pipe on his farm, and he 
 agreed to haul the pipe for a specified price 
 per hundred feet and was subject to the 
 direction and control of the defendant as to 
 the time and manner of doing the work, it 
 was held that he was an employee of the 
 pipe contractor. — O'Hora v. Concrete Pipe 
 and Construction Co., 4 I. A. C. Dec. 277. 
 
 225. Independent contractor or employee 
 -Foreman of ■»vater po^ver company, fur- 
 nishing team and driver; both held em- 
 ployee of company. — The; foreman of a 
 water and power company employed on a 
 daily wage basis and authorized to hire 
 men and teams for the company is not an 
 independent contractor in a case where he 
 furnished both men and teams; and where 
 he furnished his own team and hired a per- 
 son to drive it, and such person was in- 
 jured, the latter is an employee of the 
 company within the meaning of the act, and 
 entitled to an award of compensation. — 
 Yolo, etc., Co. v. Industrial Accident Com- 
 mission, 35 Cal. App. 14, 168 Pac. 1146, 4 
 I. A. C. Dec. 319. 
 
 22(!. Independent contractor — Italians 
 pruning vines, etc. — Employees. — Under an
 
 Act 2781 
 
 GENKRAL, LAWS. 
 
 1608 
 
 agreement by which the applicant on be- 
 half of himself and three fellow Italians 
 agreed to prune all the vines, burn all the 
 brush and pull all the weeds in a vineyard 
 for a fixed rate per acre, it was held that 
 all four were employees and not independ- 
 ent contractors. — Giusti v. Covell Bros., 5 
 I. A. C. Dec. 137. 
 
 227. Truck driver — Independent contrac- 
 tor. — One engaged in the "truck business," 
 
 idoing a general hauling business, and own- 
 ing his own truck, was an independent con- 
 tractor and not an employee. — Flickenger 
 v. Industrial Accident Commission, 58 Cal. 
 Dec. 374, 184 Pac. 851, 6 I. A. C. Dec. 169 
 (Reeves v. Flickenger, 5 I. A. C. Dec. 173; 
 Flickenger v. Industrial Accident Commis- 
 sion, 28 Cal. App. 127, 6 I. A. C. Dec. 11"). 
 
 228. Aviator— Independent contractor. — 
 Where an aviator entered into a written 
 contract with an exposition company to 
 make a specified number of flights on the 
 days and at the hours designated, each 
 flight to include specified maneuvers; which 
 agreement restricted him to flight for said 
 exposition only, within a designated terri- 
 tory; provided for a division of the gate re- 
 ceipts as his remuneration and relieved the 
 exposition company from any liability for 
 damages in the event of an accident, it was 
 held that said aviator was an independent 
 contractor and not an employee. — Bocquel 
 V. Panama, etc., Co., 4 I. A. C. Dec. 88. 
 
 229. Teaming and grrading; — Independent 
 contractor. — A person engaged in the busi- 
 ness of "teaming and grading," who con- 
 tracts to furnish a contractor teams, wag- 
 ons and drivers, at six dollars per day in 
 the aggregate, for each wagon, team and 
 driver, and who himself pays the drivers, 
 is not an employee of the contractor within 
 the meaning of the act. even though he may 
 drive one of the teams. — Western Indemnity 
 Co. v. Pillsbury, 172 Cal. 807, 808, 159 Pac. 
 721. 
 
 229a. Teamster using' ofvn time — Haul- 
 ing tanbarii at fixed price per ton. — It was 
 held in the present case that a teamster 
 using his own time hauling tanbark at a 
 fixed price per ton, was an employee and 
 not an independent contractor. — Seward v. 
 Sunset, etc., Co., 3 I. A. C. Dec. 49. 
 
 230. Window \i'asher — Independent con- 
 tractor. — It was held under the circum- 
 stances of this case that a window washer 
 was an independent contractor and not an 
 employee. — Sabini v. Loura, 4 I. A. C. Dec, 
 212. 
 
 f. Partners as employees. 
 
 231. Act of 1917 — W^orking partner re- 
 ceiving wages. — A working partner who 
 receives wages is an employee under the 
 act of 1917. — Britten v. Rotary, etc., Co., 5 
 I. A. C. Dec. 187. 
 
 232. Act of 1913 — Partner receiving 
 wages. — A member of a partnership per- 
 forming services for it under an agreement 
 between him and his copartners for wages 
 and expenses, is not an employee within the 
 meaning of the workmen's compensation 
 act (Stats. 1913, p. 284, § 14). — Cooper v. In- 
 dustrial Accident Commission, 177 Cal. 685, 
 
 171 Pac. 684 (Cooper v. Bunker Hills Syndi- 
 cate, not reported; Cooper v. Industrial Ac- 
 cident Commission, 55 Cal, Dec. 480, 5 
 I. A. C. Dec. 47). 
 
 S. Dependent. 
 
 233. "Member of family" — Definition. — 
 
 The term "member of family of deceased 
 employee" as used in section 19(c) of the 
 act, means a member of a collective group 
 or household under one domestic govern- 
 ment and maintenance, whether or not 
 actually related to the deceased. — Landls v. 
 Prosser, 4 I. A. C. Dec. 204. 
 
 234. Daugliter-in-law and grandchild. — 
 A dependent daughter-in-law and a grand- 
 child are not members of a contributors 
 family and under the act of 1917 are not 
 entitled to a death benefit. — Block v. Board 
 of Public Service Commissioners, 5 I. A. C. 
 Dec. 239. 
 
 235. Termination of assumed obligation 
 to support sister. — Where the obligation of 
 a deceased employee assumed to support 
 his sister terminated by her marriage on 
 the day before he sustained his fatal in- 
 jury, she was not at the time of his death 
 being supported by him and w^as not en- 
 titled to a death benefit. — Leonock v. South- 
 western, etc., Co., 6 I. A. C. Dec. 234. 
 
 236. Non-re.sident parents — Presumption 
 as to dependency. — In view of subdivision 
 (b) of section 19 of the act there is no con- 
 clusive presumption that the non-resident 
 father and mother of a deceased employee 
 w^ere either wholly or partially dependent 
 upon him for support. — Garcia v. Industrial 
 Accident Commission, 171 Cal. 57, 58, 151 
 Pac. 741. 
 
 237. Minor cliild of divorced parents. — 
 The minor child of parents who are di- 
 vorced, without provision made for its sup- 
 port, is dependent where a father orally 
 agrees to support the child. — Tamagni v. 
 Moore, etc., Co., 5 I. A. C. Dec. 176. 
 
 238. Samie — Father's statutory obligation 
 not ended by divorce decree. — A father is 
 not relieved from liability for the main- 
 tenance of his child by an order of court 
 in a divorce decree requiring him to pay a 
 specified sum at stated intervals for that 
 purpose, such order not creating in place of 
 the statutory liability, an ordinary debt or 
 money obligation. — Robert Sherer & Co. v. 
 Industrial Accident Commission, (Cal.) 18S 
 Pac. 797. 
 
 239. Dependency of father on minor son. 
 • — Where a minor son earns only enough to 
 buy his own clothing, the dependency of 
 his father is not established. — Peabody v. 
 Hamner & Main, 5 I. A. C. Dec. 175. 
 
 240. Stepmother — Stepmother of de- 
 ceased employee, living with him in a house 
 owned by her but kept up entirely by him, 
 supported entirely by him, was held to be 
 totally dependent upon him, and the po- 
 tential income from the house was disre- 
 garded. — Reichsrath v. Fortin, 5 I. A. C. 
 Dec. 93. 
 
 241. Invalid son — Wolfe's earnings. — It 
 was held that under the circumstances of 
 the present case an invalid husband was
 
 icoa 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 totally dependent on his father, although 
 his wife's earnings contributed to a small 
 extent to the family expenses. — Block v. 
 Public Service Commissioners, 5 I. A. C. 
 Dec. 239. 
 
 242. Wife— Interlocutory decree of di- 
 vorce ^Tithout alimony. — A widow who had 
 obtained an interlocutory decree of divorce 
 without alimony from her husband on the 
 ground of desertion, and he is not living 
 with her at the time of his death, was held 
 not in fact to be dependent for support and 
 that he was not legally liable for the sup- 
 port and that she was not entitled to a death 
 benefit. — Perry v. Fresno Herald, 4 I. A. C. 
 Dec. 110. 
 
 24.3. lender the act a irlfe who was not 
 living with her husband at the time of his 
 death, and who had obtained an interlocu- 
 tory decree of divorce from him, on her 
 complaint alleging wilful neglect, not ask- 
 ing alimony or other provision for her sup- 
 port, and which decree made no provision 
 for her support, and contained no reserva- 
 tion of jurisdiction to award alimony or 
 maintenance, is not entitled to compensa- 
 tion, since he was not at the time of his 
 death "legally liable for her support." — 
 London, etc., Co. v. Industrial Accident 
 Commission, 58 Cal. Dec. 393, 184 Pac. 864, 6 
 I. A. C. Dec. 196 (Oberg v. London, etc., Co., 
 6 I. A. C. Dec. 90). 
 
 244. Where an employee T\'as killed by 
 an industrial injury, after his wife had 
 been granted an interlocutory decree of 
 divorce, without alimony, but before final 
 decree, and no actual dependency being 
 shown, he was not legally liable for her 
 support, and she was not entitled to com- 
 pensation under the act. — Capley v. Carkey, 
 6 I. A. C. Dec. 203. 
 
 244a. Under the provisions of section 
 14(a)(1) of the act of 1917, a deceased em- 
 ployee was liable for the support of his 
 wife, who had obtained an interlocutory 
 decree of divorce, but not a final decree, 
 prior to his death, notwithstanding the in- 
 terlocutory decree did not make provision 
 for alimony or support. — Oberg v. California 
 Construction Company, 6 I. A. C. Dec. 80. 
 
 245. Divorce— No condition as to support 
 of children — No dependency of children. — 
 Where a wife of a deceased employee had 
 been granted a divorce while on publica- 
 tion of summons only, and was awarded 
 the exclusive custody of the minor children, 
 without any condition of support for the 
 children, it was held that he mvsls not legally 
 liable for the support of such children and 
 that such children were not dependent upon 
 him for support at the time of his death. — 
 Browning v. Swanston, 4 I. A. C. Dec. 282. 
 
 246. Illegitimate minor children living: 
 with his family. — Where an employee was 
 living apart from his w^ife, who had ob- 
 tained an interlocutory decree of divorce 
 without alimony, and his two illegitimate 
 children and their mother were living with 
 him as members of his family at the time of 
 liis death, it was lield that the children 
 were total dependents upon deceased for 
 support, and that the entire total' benefit 
 
 should be apportioned to them. — Perry v. 
 Industrial Accident Commission, 176 Cal. 
 706, 709, 169 Pac. 353 (Perry v. Fresno Her- 
 ald, 4 I. A. C. Dec. 110). 
 
 246a. Same — Finding: supported by evi- 
 dence. — When the evidence showed the de- 
 ceased employee had separated from his 
 wife several years before his death, and 
 she had received nothing from him during 
 separation, had sought nothing from him, 
 did not expect anything, and was seeking 
 a divorce without support, the finding of 
 the commission against her dependency was 
 supported by the evidence. — Perry v. In- 
 dustrial Accident Commission, 176 Cal. 706. 
 708, 169 Pac. 353. 
 
 247. Woman and employee living^ to- 
 gether in good faith as husband and wife, 
 though not married. — Where the applicant 
 and the deceased employee were living to- 
 gether in good faith as husband and wife 
 without marriage, under the mistaken be- 
 lief that the possession of the marriage 
 license issued by the county clerk was suf- 
 ficient and that no ceremony need be per- 
 formed, it was held that the applicant was 
 a member of his family and a dependent 
 within the meaning of the act. — Temescal 
 Rock Co. V. Industrial Accident Commission, 
 180 Cal. 637, 182 Pac. 447 (Rodriguez v. 
 Temescal Rock Co., 5 L A. C. Dec. 202). 
 
 248. Woman and employee living to- 
 gether — No legal liability for support. — 
 Where the applicant was living with the 
 deceased employee as his wife and was 
 supported by him and there is no legal lia- 
 bility to support under the evidence and no 
 evidence of marriage, it was held that she 
 was not dependent under the act. — Blanca 
 v. King, 5 I. A. C. Dec. 196. 
 
 249. AVonian married to employee with- 
 out divorce from previous husband. — A 
 woman who erroneously believing herself 
 divorced, remarried, is a member of the 
 family for purposes of dependency under 
 the act of her putative husband. — Howe v 
 Eisenmayer-Main Grain Co., a corporation, 
 5 I. A. C. Dec. 174. 
 
 250. Wife separated from employee be- 
 cause of lattcr's desertion — Decree for sepa- 
 rate maintenance. — Under section 14(a)(1) 
 a woman not living with her husband at the 
 time of his death because of his desertion 
 of her is entitled to compensation, in the 
 theory that he was "legally liable for her 
 support" at the time of his death, notwith- 
 standing the existence of a maintenance de- 
 cree in her favor. — Continental, etc., Co. v. 
 Pillsbury, 58 Cal. Dec. 338, 8 A. L. R. 1110, 
 184 Pac. 658, 6 I. A. C. Dec. 158. 
 
 251. Wife living separate and apart from 
 her husband against his ■»vill. — Where a wife 
 voluntarily leaves her husband against his 
 will and continues to live separate and 
 apart from him and was self-supporting, 
 and the husband refused to sign an agree- 
 ment of separation and there was a settle- 
 ment of property rights, is not dependent 
 upon her husband for support. — Mills v. 
 Pomon, 4 I. A. C. Dec. 295. 
 
 252. Wife's justified desertion of em- 
 ployee. — Where a wife's desertion of her
 
 Act 27S1 
 
 GENCRAL LAA^'S. 
 
 1610 
 
 husband was justified by his misconduct 
 and he had commenced suit against her for 
 divorce on the grounds of desertion, and 
 the wife's default had been entered but had 
 not. been tried at the time of his death, it 
 was held that he was at the time of his 
 death legally liable for her support and also 
 of an illegitimate child by another woman 
 and that since there was no surviving par- 
 ent of said child, both it and the wife were 
 totally dependent upon the deceased for 
 their support. — Wilcut v. Cudahy Packing 
 Co.. 4 I. A. C. Dec. 308. 
 
 25.1. Romarrlapre of widow of deceased 
 employee. — The death benefit awarded the 
 widow of a deceased employee is not ter- 
 minated by her remarriage under the cir- 
 cumstances of this case. — Walters v. Mes- 
 sick, 5 I. A. C. Dec. 111. 
 
 254. Wife confined in insane asylum. — A 
 wife confined in a state hospital for the 
 insane is wholly dependent upon the hus- 
 band, though no support is given. — Hanson 
 
 V. Jones, 5 I. A. C. Dec. 147. 
 
 2.'»5. Dependency — Stranger fo the blood 
 —Housekeeper for employee. — A stranger to 
 the blood of a deceased employee who kept 
 house for him in his lifetime and who was 
 not supported otherwise, was held to be 
 a total dependent. — Barry v. Fleishhacker 
 & Co., 5 I. A. C. Dec. 162. 
 
 VI. Conditions of Compensation. 
 
 a. Arising out of employment. 
 266- 269. Conditions of right to compensation. 
 
 270. Performance of necessary and 
 
 natural act, and cessation of 
 work for act of self-indulgence. 
 
 271. Compensable injuries — Eisk rea- 
 
 sonably incident to employment. 
 
 277. Injury must arise out of employ- 
 
 ment as well as be received in 
 the course of the employment. 
 
 278. Conditions of compensation under 
 
 act of 1913. 
 
 279. Injury must arise out of and in 
 
 course of employment. 
 
 280. Conditions of liability. 
 
 281. Liability of employer — Accident 
 
 arising out of employment. 
 
 282. Proper test of meaning of phrase, 
 
 283. When accident "arises out of" em- 
 
 ployment. 
 
 284. Existence of casual connection be- 
 
 tween employment and incident. 
 
 285. Casual connection between injury 
 
 and conditions of employment. 
 
 286. Accidents arising out of the em- 
 
 ployment. 
 
 287. An accident arising out of the em- 
 
 ployment within the meaning of 
 the act. 
 
 288. Causative danger must be peculiar 
 
 to the employment at the time 
 and place. 
 
 289. Exposure to particular danger dif- 
 
 ferent from the commonalty. 
 
 290. Unsafe condition of place of em- 
 
 ployment. 
 
 291. Safe access to employer's premises. 
 
 292. Quarrels among employees — In- 
 
 juries not usually compensable. 
 
 293. Foreman of gang of railroad hands 
 
 — Assault by section hand. 
 
 294. Employee assaulted by foreman. 
 
 295. Hotel elevator conductor — Assault 
 
 by fellow employee. 
 
 296. Employee assaulted by fellow em- 
 
 ployee. 
 
 297. Assault by fellow employee — Per- 
 
 sonal feeling. 
 
 298. Same — Personal quarrel. 
 
 299. Unprovoked assault by fellow em- 
 
 ployee. 
 299a. Storekeeper of lumber camp — As- 
 sault by co-employee. 
 
 300. Assault due to conflict of work and 
 
 not personal feeling. 
 
 301. Hotel houseman — Assault by appli- 
 
 cant for employment. 
 
 302. Koad construction foreman — As- 
 
 sault by discharged laborer. 
 
 303. Clerk in cigar store — Aggressive at- 
 
 tack on stranger. 
 
 304. Restaurant cook — Assault by drunk- 
 
 en customer. 
 
 305. Saloon manager — Injury while 
 
 ejecting disturbing customer — 
 Unprovoked assault. 
 360. Barkeeper shot in ' ' holdup. ' ' 
 306a. Waiter in cafe — Killed while eject- 
 ing unruly persons. 
 
 307. Grocery employee — Struck by mis- 
 
 take — Altercation between co-em- 
 ployees. 
 
 308. Employee of commission house — 
 
 Accidental killing during alter- 
 cation between customer and fel- 
 low employee. 
 
 309. Employee of lumber company — 
 
 Loading lumber. 
 
 310. Miner — Injured while riding on 
 
 mine truck. 
 
 311. Carpenter working on scaffold — 
 
 Epileptic fit. 
 
 312. Chambermaid in hotel — Killed by 
 
 falling down light well. 
 
 313. Sailor — Disappearance without ex- 
 
 planation — Presumption. 
 
 314. Bank messenger. 
 
 315. Cook's helper on construction train. 
 
 316. Boatman — Drowning. 
 
 317. Marine fireman — Jumping to dock 
 
 instead of using gangplank. 
 
 318. Sailor — Finger infection. 
 
 319. Bargehand — Fell from deck and 
 
 was drowned. 
 
 320. Dishwasher — Collapse of restaurant 
 
 floor. 
 
 321. Laborer employed to shovel gravel 
 
 — Driving team during temporary 
 exchange of work. 
 
 322. Street car conductor — Injured 
 
 while on personal errand. 
 
 323. Injury in automobile accident — 
 
 Risk of commonalty. 
 
 324. Hotel porter — Injured by kicking 
 
 hose of vacuum cleaner. 
 
 325. Bootblack on ferryboat, while on 
 
 his way to lunch on board. 
 
 326. President and shop foreman injured 
 
 while delivering a message for the 
 vice president.
 
 1611 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 . 
 
 327. Making repairs on automobile used 
 
 in employer's business. 
 
 328. Injury sustained while obeying un- 
 
 authorized order. 
 
 329. Performance of unauthorized act. 
 
 330. Injury while going to lunch on 
 
 employer's premises. 
 
 331. Gamekeeper — Injury while serving 
 
 self. 
 
 332. Same — Accidental gunshot. 
 
 333. Packing oranges — Breaking etaoin 
 
 adhesions. 
 334, 335. Infection of vaccination wound. 
 
 336. Teamster — Automobile accident. 
 
 337. Hotel clerk — Gunshot inflicted for 
 
 personal reasons. 
 
 338. Employee killed by insane em- 
 
 ployer. 
 
 339. Health officer — Mountain fever. 
 
 340. Construction camps — Use of water. 
 
 341. Employee injured in street — Spe- 
 
 cial exposure to risk. 
 
 342. Employee injured in automobile ac- 
 
 cident — Special exposure. 
 
 343. Fire fighter — Injured after services 
 
 ended. 
 343a. Employee at mine accidentally shot 
 by guard. 
 
 344. Employee killed by fall down ele- 
 
 vator shaft. 
 
 345. Retail buyer kiled on way home 
 
 from wholesale district. 
 
 346. Employee injured while working un- 
 
 der his foreman 's direction for 
 another corporation. 
 
 347. Barber shop porter — Elevator acci- 
 
 dent. 
 
 348. Employee burned while extinguish- 
 
 ing pan of burning alcohol. 
 
 349. Employee injured while cutting 
 
 wood to keep warm. 
 
 350. Camp employee — Crossing railroad 
 
 tracks. 
 
 351. Employee on way to place of em- 
 
 ployment — Transportation by em- 
 ployer. 
 
 352. Employee injured while using em- 
 
 ployer's automobile for personal 
 purposes. 
 
 353. Employee of smelting plant — Burnt 
 
 while warming foot over molten 
 metal. 
 353a. Injury to hand by putting it into 
 pipe to warm it. 
 
 354. Weigher on coal barge — Epileptic 
 
 seizure. 
 
 355. Employee undergoing hospital treat- 
 
 ment for injury — Death from in- 
 fluenza. 
 
 356-359. "Skjdarking" with fellow em- 
 ployees. 
 360. Clerk — Friendly personal inter- 
 course. 
 
 361,362. Oil well driller— Employee— Killed 
 on way to work. 
 
 363. Oil derrick carpenter — Employee 
 
 boarding slowly moving truck on 
 which he was entitled to ride 
 from work. 
 
 364. Oil well driller — Fainting from ex- 
 
 haustion. 
 
 365. Supervising mechanical engineer of 
 
 a cemetery. 
 
 366. Injury after work, while on way 
 
 home — Risk of commonalty. 
 
 367. Railroad employee — Injured on way 
 
 to lunch on company's cars. 
 
 368. Injury on employer's premises 
 
 while gaining at'anission to place, 
 of employment. 
 
 369. Bond officer of bank — Injured on 
 
 return from pleasure trip inci- 
 dental to business trip. 
 
 370. Employee injured on way from 
 
 work. 
 
 371. Employee killed while crossing rail- 
 
 road track on way from work. 
 
 372. Employer on way from employ- 
 
 ment to place of work. 
 
 373. Employee injured out of office on 
 
 his return out of office hours. 
 
 374. Truck driver — Killed in automobile 
 
 accident. 
 
 375. Driver of delivery wagon — Deviat- 
 
 ing from direct route. 
 
 376. Locomotive engineer — Sarcoma. 
 
 377. Truck driver for mining company. 
 
 378. Automobile driver — Injured in au- 
 
 mobile accident. 
 
 379. Driver of automobile truck — Killed 
 
 by passing automobile. 
 
 380. Automobile delivery driver — Special 
 
 exposure to danger of such in- 
 jury. 
 
 381. Traveling salesman — Entertain- 
 
 ment of customers. 
 
 382. Same — Injury on vacation. 
 
 383. Same — Poison oak poisoning. 
 
 384. Same — Assault by robber on coun- 
 
 try road. 
 
 385. Nurse — Death from influenza — Not 
 
 specially exposed. 
 
 386. Hospital interne — Influenza — Spe- 
 
 cially exposed. 
 
 387. Hospital steward 's special exposure 
 
 to highly infectious disease. 
 
 388. Policeman — Influenza — Special ex- 
 
 posure. 
 
 389. Ranch foreman — Accidentally shot. 
 390, 391. Same — Injury from accidental dis- 
 charge of gun. 
 
 392. Millwright — Traveling employment. 
 
 393. Mill employees — Returning across 
 
 railroad track trom lunch. 
 
 394. Mill employee — Actinomycosis. 
 395- 397. Piano salesman — Elevator accident 
 
 on Sunday. 
 
 398. Typist — Elevator accident. 
 
 399. Clerk and bookkeeper — Automobile 
 
 accident while mailing letters for 
 employer, 
 
 400. Bookkeeper — Injury from cranking 
 
 automobile. 
 
 401. Employee voluntarily remaining at 
 
 work after office hours to help 
 fellow employee. 
 
 402. Lighting cigarette by employee^ 
 
 setting fire to oil-soaked bandage 
 
 403. Same — Personal acts which an em 
 
 ployee may do. 
 
 404. Janitor in public school.
 
 Act 2781 
 
 GENKRAL LAWS. 
 
 1612 
 
 405. School teacher — Moving heavy seats 
 to get needed book from book- 
 case. 
 406, 407. Moving picture actor — Automobile 
 accident. 
 
 408. Same — Same — Prerequisites to 
 
 award. 
 
 409. Watchman — Killed at post of duty. 
 
 410. Death with no witness present — 
 Presumption. 
 
 Night watchman — Performing serv- 
 ice for fellow employee. 
 
 Night watchman — Wilfully inviting 
 detrimental occurrence. 
 
 Unexplained fall — Presumption. 
 
 Fireman — Performing work accord- 
 ing to the custom out of the 
 usual manner. 
 
 Bookkeeper working extra hours at 
 night— Taken home in employ- 
 er's automobile. 
 
 Teamster handling tanbark — Poi- 
 soned hands. 
 
 Night watchman on engine — Tem- 
 porarily operating steam shovel. 
 
 Not arising out of employment. 
 
 Employee on vacation. 
 
 411, 
 
 412. 
 
 413. 
 414. 
 
 414a. 
 
 414b. 
 
 414c. 
 
 414d, 
 414e. 
 
 415. 
 416. 
 
 417. 
 
 418. 
 
 419. 
 
 420. 
 421. 
 
 422. 
 
 423. 
 
 424. 
 
 425. 
 
 426. 
 427. 
 
 428. 
 
 429. 
 
 429a, 
 
 430. 
 431. 
 
 432. 
 
 433. 
 
 6. Course of employment. 
 
 Reasonable act outside express 
 duties — Employer not bound to 
 fixed and unchangeable limits. 
 
 Right not limited to injury sus- 
 tained while actually manipulat- 
 ing the tools of his calling. 
 
 Service not injury in the course of 
 the employment. 
 
 Injury sustained while going to or 
 returning from work. 
 
 Exception to rule — Use of only 
 available means of access. 
 
 Same — Special exposure to risk. 
 
 Same — Special exposure of particu- 
 lar means of access. 
 
 Miner — Return to mine after tem- 
 porary absence on private busi- 
 ness. 
 
 Injury on way to receive pay check 
 after discharge. 
 
 Returning after quitting employ- 
 ment. 
 
 Seaman — Reaching and departing 
 from ship. 
 
 Same — Seeking to board vessel. 
 
 Same — Adopting perilous means of 
 boarding ship when no other in- 
 strumentality is provided. 
 
 Use of hazardous means of exit 
 from employer's premises when 
 safe means exist. 
 
 Injury while leaving place of em- 
 ployment by unusual and danger- 
 ous exit. 
 
 Rule of reasonable time to get off 
 employer's premises. 
 
 On way to place of employment. 
 
 Arrival at place of employment 
 seeking entrance. 
 
 Arrival at place of employment 
 ready to perform service. 
 
 Injury while about to enter place of 
 employment. 
 
 434. Injury on way to business in em- 
 
 ployer's automobile on employ- 
 er's time. 
 
 435. Injury in automobile on way to 
 
 work. 
 
 436. Employee injured on way to at- 
 
 tend meeting called by employer. 
 
 437. Injury while crossing street on way 
 
 to work — Stopping to converse 
 with fellow employee an allowable 
 personal act. 
 
 438. Going to and from work — Payment 
 
 of transportation. 
 
 439. Same — Cost of transportation de- 
 
 ducted from employee's wages. 
 
 440. Injury during transportation from 
 
 work to camp. 
 
 441. On way to lunch on employer's 
 
 premises. 
 
 442. Barber shop employee — Injury in 
 
 elevator. 
 
 443. Same — Employee leaving place of 
 
 employment with employer's con- 
 sent. 
 
 444. Employee of different employers — 
 
 Deviation from direct route home. 
 
 445. Stopping to take drink while on 
 
 errand for employer. 
 
 446. Injury on return from business 
 
 trip after temporary degression 
 for pleasure. 
 
 447. On way home after service — No 
 
 fixed hours of employment. 
 
 448. Maid employed to do housework, 
 
 injured while off duty. 
 
 449. Miner — Washing up after end of 
 
 time on duty. 
 
 450. Traveling salesman on trip — In- 
 
 jury at hotel after end of day's 
 work. 
 
 451. Fireman taking rock from un- 
 
 loaded car to bed furnace. 
 
 452. Mine truck driver — Adding side- 
 
 board to truck. 
 
 453. Attempted rescue of child in dan- 
 
 ger. 
 
 454. Teamster at municipal woodyard — 
 
 Performance of service ordered 
 by superintendent. 
 
 455. Hotel chambermaid — Cleaning light 
 
 well. 
 
 456. Ranch hand, after finishing work, 
 
 on trip to town to assist fore- 
 man to get other workmen. 
 
 457. Caring for horses on employer's 
 
 ranch after end of day's work — 
 Employment by day. 
 
 458. Unusual employment — Laborer 
 
 shoveling gravel — Driving gravel 
 team. 
 
 459. Chauffeur of taxicab shot by in- 
 
 toxicated passenger. 
 
 460. Secretary of garage corporation — 
 
 Injury on way to inspect land 
 proposed in exchange for garage 
 business. 
 
 461. "Dump tender" or "ice puller," 
 
 injured by fall from floor to 
 which he had not been assigned. 
 
 462. Stevedore on employer's premises — 
 
 Cho2)ping wood to keep warxu.
 
 1G13 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 463. Night watchman^ — Injured while 
 
 using circular saw. 
 
 464. Employee stopping to light ciga- 
 
 rette — Accidental gunshot. 
 
 465. Motion picture actors racing horse 
 
 to corral. 
 
 466. Driver of street flushing vehicle — 
 
 Fall from same. 
 
 467. Surveyor — Inspection and consulta- 
 
 tion. 
 467a. Employment of special officer as 
 watchman. 
 
 468. Going to aid of fellow workman in 
 
 dangerous situation. 
 
 469. Nursing influenza patients, out- 
 
 side employment with employer's 
 consent. 
 
 470. Voluntary services — Service out- 
 
 side of employment ; performed 
 at employer's request. 
 
 471. Employee, paid full salary, serv- 
 
 ing the government voluntarily. 
 
 472. Voluntary service — Assistance to 
 
 person injured by employer's 
 train. 
 
 473. Service volunteered — Acquiesced in 
 
 by employer. 
 
 474. Voluntary service with employer's 
 
 acquiescence — Motive immaterial. 
 
 475. Employee at home, compelled to go 
 
 to employer's place of business 
 to open safe for robbers. 
 
 c. Proximately canned hy employment. 
 
 476. Unexplained death — Absence of evi- 
 
 dence to contrary — Presumption. 
 
 477. Employed in violation of law — In- 
 
 jury to sixteen-year-old boy. 
 
 478. Actinomycosis following employ- 
 
 ment in grain mill. 
 
 479. Apoplexy following quickly in- 
 
 juries to left hip and elbow from 
 fall. 
 
 480. Acute bronchitis following injury 
 
 to chest. 
 
 481. Hysterical blindness following elec- 
 
 tric flash. 
 
 482. Dementia precox can not be caused 
 
 by a fracture of the right tibia. 
 
 483. Dislocation of knee cartilage from 
 
 distinct trauma. 
 
 484. Duodenal affection following blow. 
 
 485. Fainting spell — Distinguished from 
 
 Bellis V. Doan, 4 I. A. C. Dec. 
 340. 
 
 486. Fall downstairs — Apoplexy. 
 
 487. Death from rupture of right ven- 
 
 tricle following fall from ladder. 
 
 488. Hernia resulting from constant 
 
 heavy lifting. 
 
 489. Death from tubercular pneumonia 
 
 following operation for hernia. 
 
 490. Lobar pneumonia following bruise 
 
 on left side between lower ribs 
 and hip bone. 
 
 491. Manic depressive insanity — Blow on 
 
 head. 
 
 492. Malposition of bone after fracture 
 
 of leg. 
 
 493. Osteoarthritis following sprain of 
 
 back, hips and leg. 
 
 494. Pemphigus — Skin disease following 
 
 cut of hand of butcher. 
 
 495. Death from pneumonia following 
 
 injury to head. 
 
 496. Prolapsus uteri following lifting of 
 
 heavy bundle. 
 
 497. Pulmonary pneumonia ten days 
 
 after injury to arm. 
 
 498. Tachycardia and hyperthyroidism — 
 
 Vibrations of air drill against 
 chest. 
 
 499. Tonsilitis and diabetes following 
 
 blow on abdomen. 
 
 500. Disability characteristic of injury 
 
 and of specific disease. 
 
 501. Disability due partly to injury and 
 
 partly to pre-existing disease. 
 
 502. Existing disability is accepted by 
 
 employer. 
 
 503. Disability aggravated by specific 
 
 disease. 
 
 504. Impetus to pre-existing disease 
 
 given by injury. 
 
 505. Osteoarthritis and arteriosclerosis 
 
 lighted up by blow. 
 
 506. Sarcoma following trauma. 
 
 507. Pre-existing disease — Disability 
 
 prolonged. 
 
 508. Same — Prolongation of disability 
 
 due to disease. 
 508a. Same — Increase of hernia. 
 
 509. Pre-existing chronic arthritis of the 
 
 finger joints and Dupuytren's 
 contraction of both palms — 
 Slight injury to finger. 
 
 510. Partial deafness rendered serious 
 
 by blow on nose. 
 510a. Pre-existing systemic affection 
 causing severe headaches accentu- 
 ated by injury to head. . 
 
 511. Acute glaucoma caused, and loss of 
 
 vision from pre-existing chronic 
 glaucoma, hastened by blow on 
 head. 
 
 512. Rupture of aortic aneurysm from 
 
 normal and usual exertion — Pre- 
 existing condition. 
 
 513. Death from pre-existing heart trou- 
 
 ble following slight injuries. 
 
 514. Increase of hernia following blow 
 
 on groin. 
 
 515. Depressive insanity following in 
 
 jury and previous predisposition. 
 
 516. Eecurring displacement of semi 
 
 lunar cartilage resulting from 
 primary injury to knee. 
 
 517. Eupture of pre-existing pancreatic 
 
 cyst from fall. 
 
 518. Sarcoma lighted up by injury. 
 
 519. Exacerbation of pre-existing lung 
 
 disease from inhalation of dust. 
 
 520. Tubercular affection exacerbated 
 
 by a chest injury. 
 
 521. Exacerbation of pre-existing pul- 
 
 monary tuberculosis from severe 
 strain. 
 
 522. Death from pre-existing tumor, 
 
 following injury. 
 
 523. Dilation of saphenous vein— -Pre- 
 
 existing varicosity. 
 
 524. Pre-existing disability — Secondary 
 
 disability from slight injury.
 
 Act 2781 
 
 gkne:ral. laws. 
 
 1614 
 
 525, 526. Second injury — Proximate and 
 natural result of original injury. 
 
 527. Second injury while recovering 
 
 from the first. 
 527a. Additional injury not in course of 
 original employment, and not ag- 
 gravating first injury. 
 
 528. Secondary disability — Blood poison- 
 
 ing following an accidental abra- 
 sion of the skin. 
 
 529. Same — Second fracture of leg be- 
 
 fore complete recovery from the 
 first. 
 
 530. Sprain of ankle one year after orig- 
 
 inal injury. 
 
 531. Sunburn while undergoing treat- 
 
 ment — Prolongation of disability. 
 
 532. Osteoarthritis from dental abscesses 
 
 — Prolonged inactivity incidental 
 to treatment for hernia caused 
 by original injury. 
 
 533. Death from operation following 
 
 second injury resulting from 
 obeying the doctor's directions. 
 533a. Erysipelas of foot resulting from 
 laceration of great toe. 
 
 534. Death from facial erysipelas — In- 
 
 jury to toe which became in- 
 fected. 
 534a. Same — Chain of causation. 
 
 535. Death resulting from operation 
 
 after second injury. 
 
 536. Continuance of disability — Death 
 
 following second operation. 
 
 536a. Continuing disability — Unreason- 
 able refusal of medical treat- 
 ment. 
 
 536b. Neglect or refusal of employee to 
 procure or submit to medical 
 treatment. 
 
 a. Arising out of employment. 
 
 See above subtitle "Employee." 
 
 See below, subtitles "Course of Employ- 
 ment"; "Proximately Caused by Employ- 
 ment"; and "Disability." 
 
 206. Conditions of riglit to compensation. 
 — Section 12 of the act provides for an 
 award of compensation to the dependents of 
 an employee only where the proximate cause 
 of the death of such employee was a per- 
 sonal injury sustained "by accident aris- 
 ing out of and in the course of the employ- ' 
 ment." — Brooker v. Industrial Accident 
 Commission, 176 Cal. 275, 276, L. R. A. 1918P. 
 878, 168 Pac. 126. 
 
 267. The accidents which arise out of the 
 employment of a person injured and which 
 entitle him to compensation under the act 
 are those in which it is possible to trace the 
 injury to the nature of the employee's work 
 or to the risks to which the employer's 
 business exposes him. — Continental Casualty 
 Company v. Indiana Accident Commission, 
 (Cal.) 190 Pac. 849 (Skidmore v. Golden 
 State, etc., Co., 6 I. A. C. Dec. 183). 
 
 (Following the case of Coronado, etc., 
 Co. v. Pillsbury, 172 Cal. 682, L. R. A. 1916F, 
 1164, 158 Pac. 212; Ward v. Industrial Acci- 
 dent Commission, 175 Cal. 42, L.. R. A. 1918A, 
 233, 164 Pac. 1123.) 
 
 268. Where there i» apparent to a ra- 
 tional mind, upon consideration of all the 
 
 circumstances, a causal connection be- 
 tween the conditions under which the work 
 is required to be performed and the result- 
 ing injury, such injury arises out of the 
 employment within the meaning of the act. 
 — Globe, etc., Co. v. Industrial Accident 
 Commission, 36 Cal. App. 280, 171 Pac. 1088, 
 5 I. A. C. Dec. 36. 
 
 26!>. An employer can not be held liable 
 under the act unless the accident arises out 
 of and in the course of the employment and 
 it devolves on the claimant to establish this 
 fact by evidence from which such a conclu- 
 sion is fairly inferable. — Casualty Company 
 v. Industrial Accident Commission, 54 Cal. 
 Dec. 599, 4 I. A. C. Dec. 340. 
 
 270. Performance of necessary and natu- 
 ral act, and cessation of work for act of 
 self-indulg-ence. — On petition for rehearing 
 the court was of the opinion that the only 
 difference between a case where the em- 
 ployee pauses in his work to do some 
 necessary and natural act, and the case 
 where there is a cessation of work for an 
 indulgence in some act merely pleasant and 
 convenient to the employee, is that in the 
 latter case the employer may have the 
 right, by reasonable rules and regulations, 
 to forbid indulgence, as smoking, during 
 working hours. There was no such rule in 
 the present case. — Whiting-Mead, etc., Co. 
 V. Industrial Accident Commission, 26 Cal. 
 App. Dec. 262, 5 I. A. C. Dec. 38 (original 
 decision, 26 Cal. App. Dec. 112, 5 I. A. C. 
 Dec. 4; Duarte v. Whiting-Mead, etc., Co., 
 4 I. A. C. Dec. 182). Rehearing denied. 
 Affirmed by supreme court, 178 Cal. 505, 5 
 A. L. R. 1518, 173 Pac. 1105, 5 I. A. C. Dec. 
 152. 
 
 271. Compensable injuries — Risk reason- 
 ably incident to employment. — The rule is 
 that those injuries only are compensable 
 which result from risk reasonably incident 
 to the employment. — Coronado Beach Co. v. 
 Pillsbury, 172 Cal. 682, 686, L. R. A. 1916P, 
 1164, 158 Pac. 212. 
 
 277. Injury must arise out of employ- 
 ment as well as be received in the course 
 of the employment. — An injury of an em- 
 ployee for which compensation is claimed 
 under the act must not only be received in 
 the course of the employment, but must 
 also arise out of the employment. — Kimbol 
 V. Industrial Accident Commission, 173 Cal. 
 351, 353, Ann. Cas. 1917E, 312, L. R. A. 1917B, 
 595, 160 Pac. 150. 
 
 27S. Conditions of compensation nndor 
 act of 1913. — Under the act of 1913 (p. 279), 
 section 12(a), an employer is liable for an 
 injury suffered by an employee only when 
 such injury is caused by an "accident aris- 
 ing out of and in the course of the employ- 
 ment," and this right compensation is no: 
 broadened by subdivision 2 of that section 
 in the event of death, but is made more 
 specific by the addition of the clause "act- 
 ing within the course of his employment n- 
 such." — Ocean Ace, etc., Co. v. Industrial 
 Accident Commission, 173 Cal. 313, 316, 
 L. R. A. 1917B, 336, 159 Pac. 1041. 
 
 270. Injury ninsf arise out of and fn 
 course of employment. — The act creates a
 
 1615 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 liability against the employer in favor of 
 the injured employee only when the injury 
 is the result of accident arising- out of and 
 in the course of the employment. — Engle- 
 bretson v. Industrial Accident Commission, 
 170 Cal. 793. 796, 151 Pac. 421. 
 
 280. Conditions o£ liability. — An employer 
 can not be held liable for accidental in- 
 juries, under the act, unless the accident 
 arises out of and in the course of the em- 
 ployment. — Casualty Company v. Industrial 
 Accident Commission, 176 Cal. 530, 533, 169 
 Pac. 76. 
 
 281. Liability of employer — Accident 
 arising out of employment. — Section 12(a) 
 of the act imposes liability for compensa- 
 tion only where the injury results from an 
 accident arising out of and in the course of 
 the employment of the person injured. — ■ 
 Coronado Beach Co. v. Pillsbury, 172 Cal. 
 682, 684, L. R. A. 1916F. 1164, 158 Pac. 212. 
 
 282. Proper test of meaning' of phrase. — 
 A proper test of the meaning of the phrase 
 "arising out of the employment" used In 
 the act in defining a compensable injury ex- 
 cludes an injury which can not be fairly 
 traced to the employment as a contributing 
 cause, and which comes from a hazard 
 to which the workman would be equally 
 exposed apart from the employment. — Kim- 
 bol V. Industrial Accident Commission, 173 
 Cal. 351, 353, Ann. Cas. 1917E, 312, L. R. A. 
 1917B, 595, 160 Pac. 150. 
 
 283. When accident ''arises out of" em- 
 ployment. — An accident "arises out of" the 
 occupation when there is a causal connec- 
 tion between the conditions under which 
 the servant works and the resulting in- 
 jury. — Balboa, etc., Co. v. Industrial Acci- 
 dent Commission, 35 Cal. App. 793, 171 Pac. 
 108, 5 I. A. C. Dec. 6 (Stanley v. Balboa, 
 etc., Co., 4 I. A. C. Dec. 162). 
 
 284. Existence of causal connection be- 
 tween employment and incident. — When it is 
 apparent to the rational mind, upon con- 
 sideration of all the circumstances, tliat a 
 causal connection exists between the con- 
 ditions under which tlie work is to be per- 
 formed and the resulting injury, and, under 
 this test, it can be seen that the injury 
 followed as a natural incident of the work, 
 and to have been contemplated by a rea- 
 sonable person familiar with the whole 
 situation as a result of the exposure occa- 
 sioned by the nature of the employment, 
 then it arises "out of" the employment. — 
 Kimbol v. Industrial Accident Commission, 
 173 Cal. 351, 353, Ann. Cas. 1917E, 312, 
 L. R. A. 1917B, 595, 160 Pac. 150. 
 
 285. Causal connection bet-ween injury 
 and conditions of the employment. — An In- 
 jury arises out of the employment within 
 the meaning of the act, where a causal 
 connection between the injury and the con- 
 ditions under which the work Is required 
 to be done. — Elk Grove, etc., District v. 
 Industrial Accident Commission, 34 Cal. App. 
 589, 168 Pac. 392. 
 
 286. Accidents arising out of the em- 
 ployment of the person injured are those 
 in which it is possible to trace the injury 
 to the nature of the employee's work or 
 
 to the risks to which the employer's busi- 
 ness exposes the employee. — Balboa, etc., 
 Co. V. Industrial Accident Commission, 35 
 Cal. App. 793, 171 Pac. 108, 5 I. A. C. Dec. 6 
 (Stanley v. Balboa, etc., Co., 4 I. A. C. Dec. 
 162). 
 
 287. An accident arising out of the em- 
 ployment -within the meaning of the act 
 is that in which it is possible to trace 
 the injury to the nature of the employee's 
 work, or to the risks to which the employ- 
 er's business exposes the employee. — Ward 
 V. Industrial Accident Commission, 175 Cal. 
 42, L. R. A. 1918A, 233, 164 Pac. 1123, 4 
 I. A. C. Dec. 117 (Ward v. Ward, 3 I. A. C. 
 Dec. 220). 
 
 2SS. Causative danger must be peculiar 
 to the employment at the time and place. — • 
 The causative danger, to bring the injury 
 within the benefit of the act, must be 
 peculiar to the work and not common to 
 the neighborhood, incidental to the char- 
 acter of the business and not independent 
 of the relation of master and servant; it 
 need not be foreseen or expected, but after 
 the event it must appear to have had its 
 origin in a risk connected with the employ- 
 ment and to have flowed from that source 
 as a rational consequence. — Kimbol v. In- 
 dustrial Accident Commission, 173 Cal. 351, 
 353, Ann. Cas. 1917E, 312, L. R. A. 1917B, 
 595, 160 Pac. 150. 
 
 289. Exposure to particular danger dif- 
 ferent from the commonalty. — Where an em- 
 ployee is exposed to a particular danger, 
 differing substantially from the normal risk 
 to which all are subject, and the employ- 
 ment necessarily accentuates and increases 
 his danger above that to which persons 
 generally are subject, then it may be fairly 
 held that the conclusion is warranted that 
 the accident, although unexpected and un- 
 usual and unanticipated in any way, arose 
 out of the employment. — Kimbol v. Indus- 
 trial Accident Commission, 173 Cal. 351, 355, 
 Ann. Cas. 1917E, 312, L. R. A. 1917B, 595, 
 160 Pac. 150. 
 
 200. Unsafe condition of place of employ- 
 ment. — Where the injury to the employee 
 is due to the unsafe condition of the place 
 where he is employed and required to 
 work, the injury results from a risk rea- 
 sonably incident to the employment. — Kim- 
 bol v. Industrial Accident Commission, 173 
 Cal. 351, 355, Ann. Cas. 1917E, 312, L. R. A. 
 1917B, 595, 160 Pac. 150. 
 
 201. Safe access to employer's premises. 
 — An employer is not required to furnish a 
 safe means of access to the premises on 
 which his employees work. — Mentz v. Pa- 
 cific, etc., Co., 4 I. A. C. Dec. 292. 
 
 292. Quarrels among employees — Injuries 
 not usually compensable. — Ordinarily, and 
 outside of certain exceptions, injuries suf- 
 fered by employees during quarrels among 
 themselves may not be made the basis of 
 compensation under the act. — Metropolitan 
 Redwood Lumber Co. v. Industrial Accident 
 Commission, 28 Cal. App. Dec. 1075, 182 Pac 
 315, 6 I. A. C. Dec. 78. 
 
 See Gireaux v. Metropolitan Redwood 
 Lumber Co., 6 I. A. C. Dec. 4.
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1616 
 
 303. Foreinan of ^nni; of railroad hands 
 An-Mault by section band. — An injury sus- 
 tained by a foreman in charge of a gang of 
 railroad section hands, at the hands of one 
 of the latter, as a result of an assault grow- 
 ing out of an altercation, arising from the 
 justifiable efforts of the injured employee 
 to maintain his authority and protect his 
 employer's property, was an injury result- 
 ing from an accident arising out of and in 
 the course of his employment. — Western In- 
 demnity Co. V. Pillsbury, 170 Cal. 686, 706, 
 151 Pac. 398. 
 
 204. Kmployee assaulted by foreman, — 
 An injury sustained by an employee by rea- 
 son of an assault by his foreman was held 
 to have been incident to the employment 
 and not because of an altercation due to 
 personal feeling. — Catalina v. Redwood, etc., 
 Co., 5 I. A. C. Dec. 89. 
 
 295. Hotel elevator conductor — Assault 
 by fellow employee. — An injury sustained 
 by a hotel elevator conductor from an as- 
 sault by a fellow employee in the course 
 of a personal altercation as to the proper 
 use of the elevator under the rules of the 
 employer, was held to be an injury arising 
 out of the employment and compensable. — 
 Waldstein v. Hotel Richelieu, 5 I. A. C. Dec. 
 177. 
 
 206. Employee assaulted by fellow em- 
 ployee. — An injury sustained by an employee 
 while performing service in his employment, 
 by an assault on the part of a fellow ser- 
 vant, known by the employer to be of a 
 quarrelsome nature not due to blame or 
 fault on the part of the injured employee, 
 but to quarrelsome nature of the assailant, 
 and is held to have arisen out of and been 
 proximately caused by the employment, and 
 to be, compensable. — TamborinI v. Melville, 
 6 I. A. C. Dec. 217. 
 
 297. Assault by fellofr employee — Per- 
 sonal feeling. — An injury resulting from a 
 fellow employee's assault, provoked by per- 
 sonal feeling, was held not to have arisen 
 out of or been proximately caused by the 
 employment, and was not compensable. — 
 Albert v. Bethlehem Shipbuilding Co., 6 
 I. A. C. Dec. 65. 
 
 208. Same — Personal quarrel. — An injury 
 from a fellow servant's assault provoked 
 solely by a personal quarrel, applicant being 
 the aggressor, held not to have arisen out of 
 the employment, and was not proximately 
 caused thereby, and was not compensable. — 
 Taddei v. Pioneer Motor Company, 6 I. A. C. 
 Dec. 65. 
 
 290. Unprovoked assault by fellow em- 
 ployee. — In the case of an injury from an 
 unprovoked assault by a fellow employee, it 
 was held that there was an absence of spe- 
 cial risk, and that the injury did not arise 
 out of the employment. — Mendel v. Red- 
 lick-Ncwman Co., 5 I. A. C. Dec. 69. 
 
 209a. Storekeeper of lumber company- 
 Assault by co-employee. — An injury, the re- 
 sult of an assault, sustained by a store- 
 keeper in the employ of a lumber company, 
 at the hands of a fellow clerk employed as 
 bookkeeper and postmaster by the same 
 company, the postoflfice being located in the 
 
 store, the assault being due to friction be- 
 tween the two employees, and arising In 
 connection with the employment, arose out 
 of and was proximately caused by the em- 
 ployment, although the injured employee 
 was engaged at the time of the injury in 
 performing services at the request of the 
 company's manager, which was not strictly 
 in tlie line of his duty. — Glreaux v. Metro- 
 politan, etc., Co., 6 I. A. C. Dec. 4. 
 
 300. Assault due to conflict of work and 
 not personal feeling;. — Where an employee 
 of one sub-contractor was assaulted and in- 
 jured by an employee of another sub-con- 
 tractor working on the same job and It 
 appeared that the assault was prompted by 
 a conflict of work and not by any personal 
 feeling, it was held that the injury arose 
 out of and was approximately caused by the 
 employer. — Mishler v. Bay City, etc., Co., 5 
 I. A. C. Dec. 119. 
 
 301. Hotel houseman — Assault by appli- 
 cant for employment. — A hotel houseman, 
 having charge of the hiring of help, was 
 specially exposed, by reason of his employ- 
 ment, in excess of the commonalty, to the 
 danger of assault from a person applying 
 for employment, and it Is held that an in- 
 jury resulting from such an assault arose 
 out of and was proximately caused by his 
 employment. — Badger v. Fryman, 6 I. A. C. 
 Dec. 108. 
 
 302. Foreman of construction of county 
 road — Assault by discharged employee. — An 
 injury sustained by a foreman of a gang of 
 men employed by a county in the construc- 
 tion of a concrete road, from being struck 
 by a blow by a laborer discharged by him 
 for refusing to perform the work in the 
 manner directed, is an injury arising out of 
 and in the course of his employment. — 
 County of San Bernardino v. Industrial Acci- 
 dent Commission, 35 Cal. App. 33, 169 Pac. 
 255, 4 I. A. C. Dec. 324. 
 
 303. Clerk in cigar store^Aggressive at- 
 tack on stranger. — Where a clerk in a cigar 
 store became involved in a quarrel with a 
 stranger and became the aggressor and at- 
 tacked the stranger, and the latter made 
 an attack which caused injuries resulting 
 in such clerk's death, it was held that the 
 altercation and assault did not arise out of 
 the employment, and that the risk thereof 
 was not incidental to or a part of the em- 
 ployment. — Treadwell v. Marks, 3 I. A. C. 
 Dec. 3. 
 
 304. Restaurant cook — Assault by 
 drunken customer. — Where a restaurant 
 cook was employed at night and was re- 
 quired to keep a toilet clean and presentable 
 for the use of customers and a drunken cus- 
 tomer soiled the seat of the toilet and the 
 cook remonstrated with him, whereupon the 
 customer as.saulted and injured the cook, it 
 was held that employee was specially ex- 
 posed thereby to the risk of such assault 
 and therefore the injury arose out of the 
 employment. — Hendricksen v. London, etc., 
 Co., 4 I. A. C. Dec. 366. 
 
 .105. Saloon manager — Injury vi'hile eject- 
 ing disturbing cu.stomer — Unprovoked as- 
 sault. — Where it was the duty of a saloon
 
 1617 
 
 HASTKR AND SE:RVANT. 
 
 Act 2781 
 
 manager to maintain order in the saloon 
 and eject disturbing- customers and .-in in- 
 toxicated customer made an unprovoked 
 assault upon him and in self-defenss and in 
 an attempt to eject him, the manager sus- 
 tained an injury to his hand, it was held 
 that said injury arose out of and was proxi- 
 mately caused by said employment. — Scott 
 V. Scott, 4 I. A. C. Dec. 193. 
 
 306. Barkeeper, shot in "holdup." — A bar- 
 keeper was shot in a "holdup" in his em- 
 ployer's saloon by robbers near midnight, 
 and it was held that he was subjected to 
 a special risk of such assaults and that 
 therefore the injury was compensable. — 
 Griffin v. Yribarne, 5 I. A. C. Dec. 165. 
 
 306a. Waiter in cafe — Killed -^rhile e.1ect- 
 ing unruly persons. — Where it is a part of 
 the duty of a waiter in a cafe to assist 
 in keeping order, quell disturbances, and 
 eject unruly persons, his widow and a minor 
 son are entitled to compensation under the 
 act, for his death while assisting in stop- 
 ping a brawl in such cafe previously started 
 between a disorderly patron and another 
 waiter. — Stevens v. Industrial Accident 
 Commission, 179 Cal. 592, 178 Pac. 296. 
 
 307. Grocery employee — Struck by mis- 
 take — Altercation bet^veen co-emplojees. — 
 An employee, whose duties required him 
 to stand at the foot of a chute down which 
 various objects used in his employer's busi- 
 ness were projected, was injured by being 
 struck by a fellow employee, who, in the 
 course of a personal altercation with an- 
 other employee fell down the chute, and it 
 was held that the injury arose out of and 
 was proximately caused by the employ- 
 ment. — Deuel V. Ralphs Grocery Co., 6 
 I. A. C. Dec. 182. 
 
 308. Employee of commission house — Ac- 
 cidental killing during altercation between 
 customer and fellow employee. — An em- 
 ployee in a commission house, who w^as 
 killed by an accident caused by being 
 shoved against a knife held in the hands 
 of a customer during an altercation be- 
 tween such customer and a fellow em- 
 ployee, arising from an incident in the em- 
 ployment, but without any intent to make 
 the deceased a party to the dispute, and in 
 fact, without being aware of his proximity, 
 was held not to be compensable, on the 
 ground that the employment exposed the 
 deceased to no greater risk of such an as- 
 sault than a bystander not so employed. — 
 Pereira v. Hunt, Hatch & Co., 5 I. A. C. 
 Dec. 170. 
 
 ."JOO. Employee of lumber company— 
 Loading: lumber. — An employee of a lumber 
 company who was injured in some manner 
 while pulling a piece of timber from a pile 
 from which he was loading lumber, was 
 injured by an accident arising out of and 
 in course of the employment, within the 
 meaning of section 12 of the act of 1913. — 
 Southwestern Surety Ins. Co. v. Pillsbury, 
 172 Cal. 768, 770, 158 Pac. 762. 
 
 .110. miner — Injured Tvhile tiding^ on 
 mine truck. — An employee at a mine, in- 
 jured while riding on the naine truck on 
 his return from an absence on leave to a 
 
 Gen. Laws— 102 
 
 distant point on his own affairs, who might 
 have returned on the stage, was not in- 
 jured in an accident arising out of and in 
 the course of his employment notwithstand- 
 ing the fact that before boarding the truck 
 he stopped en route to the mine, at the re- 
 quest of the superintendent, and helped to 
 unload the truck upon the superintendent's 
 promise to pay him wages for the service, 
 and continued his journey on the truck on 
 the superintendent's invitation, and an 
 award by the commission was unauthorized. 
 — Boggess v. Industrial Accident Commis- 
 sion, 176 Cal. 534, 536, L. R. A. 1918F, 883, 
 169 Pac. 75. 
 
 311. I^aborer in the erection of a build- 
 ing — Fall due to epileptic fit. — Under the 
 act, an injury resulting in the death of a 
 laborer employed in the erection of a build- 
 ing from falling from the scaffold upon 
 which he was working to the ground thirty- 
 nine feet below, is not an injury arising 
 out of his employment, where it is shown 
 that he was seized with an epileptic fit and 
 fell to the surface of the scaffold and from 
 thence to the ground. — Brooker v. Indus- 
 trial Accident Commission, 176 Cal. 275, 
 L. R. A. 1918F, 878, 168 Pac. 126, 4 I. A. C. 
 Dec. 311 (Fuente v. Goodbody 3. I. A. C. 
 Dec. 492). 
 
 312. Chambermaid in hotel — Killed by 
 falling doTvn light well. — A woman em- 
 ployed and performing service as chamber- 
 maid in a hotel, killed by falling down a 
 light well of the hotel while voluntarily 
 performing the service as janitor of clean- 
 ing the light well, and in spite of warning 
 of the danger, and without knowledge of 
 her employer, was not killed by an accident 
 arising out of and in the course of her em- 
 ployment. — Williamson v. Industrial Acci- 
 dent Commission, 177 Cal. 715, 718, 171 Pac. 
 797. 
 
 31.3. Sailor — Disappearance without ex- 
 planation — Presumption. — Where a sailor 
 disappeared from the ship on which he was 
 employed while on a voyage on the liigh 
 seas, without explanation, the presumption 
 is that his death arose out of his employ- 
 ment. — Karus v. Charles Nelson Company, 
 6 I. A. C. Dec. 125. 
 
 314. Bank messenger. — A bank messen- 
 ger injured while having his automobile, 
 furnished by his employer, repaired, at the 
 employer's direction, was performing serv- 
 ice in the course of his employment, and 
 was entitled to compensation. — Angler v. 
 First National Bank, 6 I. A. C. Dec. 156. 
 
 315. Cook's helper on construction train. 
 — A cook's helper on a construction train, 
 in which he was required by the terms of 
 his contract of employment to work, eat 
 and sleep, was injured by a fall when leav- 
 ing the bunk car at night to attend to call 
 of nature, and it was held that the danger 
 of such injury was inherent in the use of 
 the living conditions provided by the em- 
 ployer, and that the injury arose out of 
 the employment and was compensable. — 
 lentzseh v. Southern Pacific Co., 6 I. A. C. 
 Dec. 158. 
 
 316. Boatman— Drowning. — The circum-
 
 let 27S1 
 
 GCNERAL LAWS. 
 
 161% 
 
 stances held to Indicate that a boatman 
 employed on Western Pacific mole at San 
 Francisco bay was drowned in the perform- 
 ance of his duties. — McLeod v. Clement & 
 Son, 6 I. A. C. Pec. 18. 
 
 317. Marine flreman — Jumpliifir to deck 
 InMtend of nninR: jtnnKplnnk. — Whore a ma- 
 rine fireman was injured in attempting to 
 jump across a space of three and a half 
 feet from a wharf to the barge where he 
 was employed and where he slept instead 
 of poinp: over the gangplank, which he er- 
 roneously believed not strong enough to 
 support him, the injury arose out of and 
 was proximately caused by the employment. 
 Dado V. Standard Oil Co., 6 I. A. C. Dec. 9. 
 
 318. Sallop — FlnKer Infection. — An infec- 
 tion of the finger of a sailor, who had not 
 been off the ship where he was employed, 
 which the evidence showed to be to some 
 condition or injury to which he was speci- 
 ally exposed by reason of his employment, 
 although the precise cause did not appear, 
 held to have arisen out of and to have 
 been proximately caused by the employ- 
 ment. — Gresswell v. Matson, etc., Co., 6 
 1. A. C. Dec. 49. 
 
 310. Bargehnnd — Fell from deck and 
 droivned. — Where a deckhand on a barge, 
 whose sole duty was to help load and un- 
 load the barge, while on a voyage from 
 San Francisco to Oakland, in Ignorance of 
 a rule prohibiting him from being on deck, 
 fell from the deck and was drowned, it is 
 held that he was killed by accident occur- 
 ring in the course of and arising out of his 
 employment within the meaning of the act. 
 — W. R. Rideout Co. v. Pillsbury, 173 Cal. 
 132, 134, 159 Pac. 435. 
 
 320. DI.Mhwasher — Collapse of restaurant 
 floor. — Where a dishwasher employed in a 
 restaurant located upon the ground floor of 
 a building was injured in the place of his 
 emjiloyment by the sudden giving way of 
 the floor immediately above the restaurant, 
 not in any way connected with the latter 
 and not under the control of the restaurant 
 owner, it was held that the injury arose 
 out of employment within the meaning of 
 the act. — Kimbol v. Industrial Accident 
 Commission, 173 Cal. 351, 354, Ann. Cas. 
 1917E. 312, L,. R. A. 1917B, 595, 160 Pac. 150. 
 
 321. i.nliorer employed to fihovel eravel 
 —Driving team during temporary exchange 
 of work. — The driving of a team during a 
 temporary exchange of work with the team- 
 ster by a laborer employed to shovel gravel, 
 is not the regular employment of such 
 laborer, and an award for an injury re- 
 ceived by him while so engaged, on the 
 ground that it arose out of and in the 
 course of his employment must be an- 
 nulled. — Modoc Co. v. Industrial Accident 
 Commission, 32 Cal. App. 548, 1G3 Pac. 685. 
 
 322. Street car conductor — Injured %vhlle 
 on perMonal errand. — It was held in this case 
 that at the time of the Injury the street 
 car conductor was engaged in an unau- 
 thorized personal errand and that therefore 
 the injury did not arise out of or in the 
 course of employment. — Rydberg v. San 
 Francisco. 4 I. A. C. Dec. 333. 
 
 323. Injury in automobile accident^ 
 Rink of commonalty. — Where an employee 
 was paid mileage, and his wages while be- 
 ing transported from his home to his place 
 of employment, and was injured in an au- 
 tomobile accident, It was held that the risk 
 of such injury was not a risk of the com- 
 monalty and said injury arose out of and in 
 the course of employment. — Summers v. 
 California Iron Works, 4 I. A. C. Dec. 275. 
 
 324. Hotel porter — Injured by kickinK 
 hONe of vacuum cleaner. — Where a hotel 
 porter kicked the hose of a vacuum cleaner 
 and suffered a slipping of the semilunar 
 cartilage of his knee and several years 
 theretofore he had suffered an injury to 
 the same knee, but had suffered no inter- 
 vening disability therefrom, it was held 
 that said injury arose out of the employ- 
 ment and was compensable. — Evans v. Mey- 
 ers, 4 I. A. C. Dec. 250. 
 
 32.'>. Bootblack on ferryboat while on 
 his way to lunch on board. — Where a boot- 
 black employed upon a ferryboat was re- 
 quired by the nature of his employment to 
 eat his lunch upon said ferryboat and, while 
 descending the stairs on his way from the 
 bootblack stand to the lower deck where he 
 ate his lunch, he slipped and sustained a 
 hernia, it was held that said hernia arose 
 out of and was proximately caused by said 
 employment. — Lomoglio v. Green, 4 I. A. C. 
 Dec. 249. 
 
 326. President and shop foreman Injured 
 vi-hlle delivering a message for vice presi- 
 dent. — Where the president and shop fore- 
 man of a corporation was asked to deliver 
 a message for the vice president, who lived 
 near the applicant's home, and after per- 
 forming the errand he was injured, it was 
 held that such Injury was incurred in the 
 course of his employment, and the injury 
 arose out of the employment. — Goodwin v. 
 National Cornice Works, 4 I. A. C. Dec. 245. 
 
 327. Making repairs on automobile used 
 in employer's business. — Where an employee 
 used his father's automobile in the cour.se 
 of his employment and his employer paid 
 for the gasoline and oil consumed, and 
 while performing services in the course of 
 his employment said employee started for 
 his home in order to make necessary repairs 
 on said automobile and lie was injured on 
 the way, it was held that the making of 
 such repairs was so closely connected with 
 said employment that the injury arose out 
 of and was proximately caused by said em- 
 ployment. — Davis V. Earl Publishing Co., 4 
 I. A. C. Dec. 234. 
 
 328. Injury sustained while obeying un- 
 authorized order. — It was held under the 
 present circumstances that an injury sus- 
 tained by an employee while obeying an 
 unauthorized order of his employer's repre- 
 sentative, was an injury which arose out of 
 and in the course of the employment, it 
 being the duty of such employee to obey 
 such directions, regardless of the power or 
 authority of the latter to give said direc- 
 tions. — Norton v. City of Oakland. 4 I. A. C. 
 Dec. 231.
 
 1019 
 
 MASTER A>D SERVANT. 
 
 Act 27S1 
 
 329. Performance of unauthorized act. — ■ 
 
 An employee who, even in the performance 
 of a duty of his employment, does an un- 
 authorized act reasonably incident to his 
 employment, thereby enters upon an under- 
 taking- outside the scope of his employment 
 and an injury sustained while so doing does 
 not arise out of or in the course of such 
 employment. — Townsend v. Los Angeles, 
 etc., Co., 4 I. A. C. Dec. 193. 
 
 330. Injury ■tvhlle going to lunch on em- 
 ployer's premises. — Where the employees 
 keep their lunches in the dressing room 
 provided by the employer and eat them upon 
 the employer's premises, and one of said 
 employees is injured while proceeding from 
 the place where the duties of her employ- 
 ment are performed to said dressing room 
 to get her lunch, it was held that said in- 
 jury arose out of and in the course of her 
 employment. — Mulholland v. Western, etc., 
 Co., 4 I. A. C. Dec. 182. 
 
 331. Gamekeeper— Injury while ser»-ing 
 self. — Where a gamekeeper was employed 
 to bait duck ponds, keep trespassers away 
 and care for the game preserve, and as 
 part of his wages he lived upon the pre- 
 serve and was supplied with provision.*!, in- 
 cluding fresh meat, and was injured while 
 attempting to shoot some mud hens for his 
 own use, it was held that the procuring of 
 said fresh meat was a matter of the appli- 
 cant's own preference and convenience and 
 that said injury therefore did not arise out 
 of the employment. — Elliott v. Meek, 4 
 I. A. C. De-. 178. 
 
 333. Same — Accidental gunshot. — The ac- 
 cidental killing of a gamekeeper while en- 
 gaged in doing that which he was employed 
 to do, patrolling his employer's ranch in 
 quest of poachers, and in connection there- 
 with, under express orders from his em- 
 ployer, assisting an authorized hunter in 
 finding and killing a deer, is an act arising 
 out of his eniployment within the meaning 
 of the act. — O. L. Shaffer Co. v. Industrial 
 Accident Commission, 175 Cal. 522, 525, 166 
 Pac. 24. 
 
 333. Packing oranges— Breaking uterine 
 adhesions. — Where, at the time of entering 
 defendant's employ, a woman had abdomi- 
 ral adhesions, due to a uterine infection, 
 which had not theretofore caused any dis- 
 ability, and said adhesions were strained or 
 torn by a simple bodily movement while 
 packing oranges, it was held that the in- 
 jury arose out of and was proximately 
 caused by the employment. — Hawley v. El 
 Cajon, etc.. Association, 4 I. A. C. Dec. 167. 
 
 334. Infection of vaccination wound. — 
 Where death occurred from tetanus caused 
 by an infected vaccination wound from a 
 vaccination required as a condition prece- 
 dent to employment, it was held that the 
 evidence was insufficient to establish that 
 said death arose out of or in course of em- 
 ployment. — Royer v. Atchison, etc., Co., 4 
 I. A. C. Dec. 159. 
 
 335. An injury sustained because of vac- 
 cination required of an applicant, prece- 
 dent to such employment, does not arise 
 out of or in the course of the employment 
 
 which is given after such vaccination — . 
 Royer v. Atchison, etc., Co., 4 I. A. C. Dec. 
 159. 
 
 336. Teamster ^ Automobile accident. — 
 
 \n injury sustained by a teamster on the 
 premises of his employer, as a result of an 
 attempted rescue of a child getting in the 
 way of the employer's automobile, is held 
 to be compensable. — Sibley, etc., Co. v. Nel- 
 son, 5 I. A. C. Dec. 203. 
 
 337. Hotel clerk — Gunshot inflicted for 
 per.sonal reasons. — An injury sustained by 
 a hotel clerk from an assault and gunshot 
 by a woman with whom he had been on 
 extremely friendly and intimate relations, 
 which had been discontinued shortly before 
 the shooting, was held not to have been 
 an injury arising from the performance of 
 any of his duties and that the risk of being 
 so assaulted and shot was not an incident 
 of his employment and that therefore the 
 injury was not proximately caused by the 
 employment. — GrifRn v. Argonaut Hotel, 5 
 I. A. C. Dec. 195. 
 
 338. Employee killed by insane em- 
 ployer. — The dependents of a deceased 
 employee who was killed by his employer 
 while the latter was laboring under an in- 
 sane hallucination that the employee was 
 robbing- him, were not entitled to compen- 
 sation, on the ground that the death did not 
 arise out of and was not proximately 
 caused by the employment, it appearing 
 that the insanity was the sole actuating 
 cause. — Wheeler v. McCaw, 5 I. A. C. Dec. 
 185. 
 
 33». Health officer — Mountain fever. — 
 Where an employee of the state board of 
 health was engaged in an anti-rabies cam- 
 paign, which necessitated living and work- 
 ing in a wild country and exposed him to 
 danger of tick bites, and by reason of such 
 bites he contracted Rocky Mountain spotted 
 fever, it was held that such exposure was 
 greater than that to which his usual oc- 
 cupation subjected him or to which the 
 commonalty in the same locality was ex- 
 posed and that therefore such disease arose 
 out of the employment. — Adams v. State of 
 California, 4 I. A. C. Dec. 62. 
 
 340. Construction camp— .I'se of water. — ■ 
 Where it was intended that the water of 
 a certain spring should be furnished for 
 the personal use of a large number of em- 
 ployees living at a construction camp, but 
 the spring water was not always con- 
 veniently available and the employees with- 
 out being cautioned as to the danger of so 
 doing, used and drank water from a creek 
 which flowed through the camp, and from 
 his use of such creek water one of said 
 employees contracted typhoid fever, it was 
 held that the typhoid fever arose out of 
 the employment and was compensable. — 
 Price V. Bates, Borland & Ayer, 4 I. A. C. 
 Dec. 99. 
 
 341. Employee Injured on street — Special 
 exposure to risk. — Where an employee was 
 sent by his employer upon two express 
 errands to be performed during the noon 
 hour and the employee, after performing 
 the first errand, and loitering upon the
 
 Act 2781 
 
 ge:]Ve:ral la\%s. 
 
 1620 
 
 street a few minutes was Injured while 
 catching^ a street car to perform the second 
 errand, it was held that he was specially 
 exposed to the risk of such injury by rea- 
 son of his employment, and that the injury 
 arose out of the employment. — Cousins v. 
 Hanlon. 4 I. A. C. Dec. 97. 
 
 342. Employee injured In automobile ac- 
 cident. — An injury in an automobile acci- 
 dent, the use of the automobile being au- 
 thorized by the employer, was held to have 
 resulted from special exposure to risk of 
 such an injury by reason of the employ- 
 ment, and therefore to have arisen out of 
 the employment. — Kelley v. American, etc., 
 Co., 5 I. A. C. Dec. 53. 
 
 S43. Fire fijrlitcr — Injured after services 
 ended. — One employed to fight a fire, in- 
 jured after his services were ended and 
 he was ready to go home, was not injured 
 in the course of his employment, and his 
 injury did not arise out of the same, within 
 the meaning of section 12a of the act. — 
 London, etc., Co. v. Industrial Accident 
 Commission, 173 Cal. 642, 645, 161 Pac. 2. 
 
 343a. Employee at mine accidentally 
 shot by guard. — The guard, although acting 
 recklessly and negligently, was in the per- 
 formance of an act within the general 
 scope of his duties, and was not acting 
 maliciously, and the injured employee was 
 entitled to recover compensation for the 
 injury. — Atolia Mining Co. v. Industrial Ac- 
 cident Commission, 175 Cal. 691, 693, 167 
 Pac. 148. 
 
 .344. Employee killed by fall doivn ele- 
 vator shaft. — Where the employee was 
 killed by falling down an elevator shaft 
 from a floor of the employer's premises 
 where he was not employed and where the 
 duty of his employment did not call, the 
 award of the commission was not author- 
 ized. — Casualty Co. v. Industrial Accident 
 Commission, 176 Cal. 530, 534, 169 Pac. 76. 
 
 345. Retail buyer killed on way to 
 the wholesale district. — A retail buyer for 
 his employer's store, killed by a street car 
 while on his way from his home to the 
 wholesale district to buy the day's stock of 
 fruit for the store, according to the regu- 
 lar routine of his employment, held to have 
 been injured while on his way to the place 
 of his employment, which was the whole- 
 sale district, that such injury was the re- 
 sult of a risk of the commonalty and not 
 one to which he was specially exposed, and 
 did not arise out of and was not sustained 
 in the course of his employment. — Weyl v. 
 L. D. McLean Co., 6 I. A. C. Dec. 64. 
 
 346. Enjployee injured ivhile working 
 under his foreman's direction for another 
 corporation. — Employee of steel company 
 •working under the direction of a foreman 
 employed by the steel company and also by 
 a railroad company, was injured while 
 working under the foreman's direction, for 
 the latter company, with the knowledge of 
 the former company, held that such injury 
 arose out of and in the course of appli- 
 cant's employment with the steel company 
 and was compensable. — Thurow v. Noble 
 Electric Steel Co., 6 I. A. C. Dec. 70. 
 
 .347. Barber shop porter — Elevator acci- 
 dent. — An injury in an elevator in the 
 building where applicant was employed, 
 while he was on his way to obtain a bottle 
 of milk for his lunch, was held to have 
 been from a risk to which he was specially 
 exposed, and not a risk of the common- 
 alty and was compensable. — Miles v. Papi- 
 neau, 6 I. A. C. Dec. 74. 
 
 348. Employee burned while extinguish- 
 ing pan of burning alcohol. — An employee, 
 fatally burned while attempting to extin- 
 guish a pan of burning alcohol, an act out- 
 side her express duties, was held, under 
 the circumstances, to have suffered the in- 
 jury while performing an act reasonably 
 incidental to her employment. — Carlson v. 
 Brunt, 6 I. A. C. Dec. 81. 
 
 34ft. Employee injured while cutting 
 wood to keep warm. — An employee, occupy- 
 ing furnished lodgings as a part of his 
 wages, w^as injured while cutting wood to 
 keep warm after working hours. Held not 
 compensable. — Hollas v. Noble Electric Steel 
 Co., 6 I. A. C. Dec. 85. 
 
 350. Camp employee — Crossing railroatl 
 tracks. — Where an employee of a rice grow- 
 ers association resided at his employer's 
 camp through which passed the tracks of 
 a railroad, and was run over and killed by 
 a train while crossing such track while on 
 his way from his breakfast to his work, it 
 was held that by reason of the nature of 
 the facilities provided he was specially ex- 
 posed to the risk of the injury he sus- 
 tained, and that therefore such injury arose 
 out of and was proximately caused by the 
 employment. — Korean National Association 
 of America v. State Compensation Insurance 
 Fund, 6 I. A. C. Dec. 92. 
 
 351. Employee on way to place of em- 
 ployment—Transportation by employer. — 
 Where transportation to the place of work 
 is furnished by the employer as a part of 
 the contract of hire, as in the present case, 
 the employment commences when the em- 
 ployee starts to the place of work, and 
 when injured on the way, the injury arises 
 out of and in the course of the employment 
 — George v. Agelakis, 6 I. A. C. Dec. 109. 
 
 352. Employee Injured while using em- 
 ployer's automobile for personal purposes. — 
 An employee injured while using his em- 
 ployer's automobile on a personal errand, 
 held not to be entitled to compensation. — 
 Clarke v. Anderson Motor Co., 6 I. A. C. 
 Dec. 123. 
 
 353. Employee of smelting plant — Burnt 
 while warming foot over molten metal. — 
 Where the employees of a smelting plant 
 were customarily permitted by the em- 
 ployer to stand near the fires or other 
 sources of heat in its plant to warm them- 
 selves, an injury sustained by an employee 
 by warming his foot over molten metal, it 
 was held that the act was not inherently 
 foolhardy or dangerous or done in disre- 
 gard of common prudence or in deliberate 
 violation of any safety rule and therefore 
 did not constitute serious and wilful mis- 
 conduct, and that the injury was compen- 
 
 li
 
 1621 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 sable. — Kusulas v. Great Western, etc., Co., 
 6 I. A. C. Dec. 187. 
 
 353a. Injury to hand by putting It Into 
 pipe to Warm it. — An employee who suf- 
 fered an injury to his hand by putting it 
 into a pipe containing- a revolving fan, for 
 the purpose of warming it, without knowl- 
 edge that the fan was there, was not guilty 
 of wilful misconduct and his action was 
 reasonably incidental to the employment 
 and so connected with the conditions there- 
 of that the injury was held to have been 
 suffered arose out of the employment and 
 was proximately caused thereby. — Mercado 
 v. Joannes Brothers Co., 6 I. A. C. Dec. 259. 
 
 354. Weigher oA coal barg-e — Epileptic 
 seizure. — Where a weigher on a coal barge, 
 on his way to lunch, but before leaving the 
 dock where the barge was moored, was 
 seen to lean against a boxcar standing on 
 a track there, and to fall upon the track 
 when the train was moved, and received 
 injuries from which he died, it appeared 
 that he was subject to epilepsy, and the 
 question was whether the injury was proxi- 
 mately caused by an epileptic seizure, or 
 by the employment. It was held that the 
 evidence was insufficient to establish that 
 the injury was proximately caused by an 
 epileptic seizure, or that it was other than 
 accidental, and that it was incidental to 
 the conditions of the place of employment, 
 and was compensable. — Battles v. King Coal 
 Co., 6 I. A. C. Dec. 202. 
 
 355. Employee undergoing hospital treat- 
 ment for injury — Death from influenza. — 
 The death of an employee from influenza 
 contracted during hospital treatment for an 
 injury was held not to be compensable. — 
 Perez v. Southern Pacific Co., 6 I. A. C. 
 Dec. 190. 
 
 356. "Skylarking" ^vith felloiv employee. 
 — A fall down a flight of stairs occasioned 
 by a playful act of a fellow employee, in 
 thrusting a newspaper in his ribs to tickle 
 him, is not an accident arising out of the 
 employment, although it occurred in the 
 course of the employment. — Coronado Beach 
 Co. v. Pillsbury, 172 Cal. 682, 684, L. R. A. 
 1916F, 1164, 158 Pac. 212. 
 
 357. It Is immaterial that the playful 
 act of a fellow employee, was momentary 
 and void of malice, and not in excess of the 
 usual practice among servants. — Coronado 
 Beach Co. v. Pillsbury, 172 Cal. 682, 685, 
 L. R. A. 1916P, 1164, 158 Pac. 212. 
 
 <i5S. An injury to an employee in a toy 
 establishment, caused by a trick camera 
 containing a spring occasioned by the play- 
 ful act of a fellow employee of normal 
 capacity and intelligence in pointing the 
 camera at him and releasing the spring, is 
 not one arising out of and in the course of 
 his employment. — Fishering v. Pillsbury, 
 172 Cal. 690, 158 Pac. 215. 
 
 359. "Skylarking." — An injury which was 
 the result of "skylarking," although sus- 
 tained while engaged in the duties of the 
 employment, was held not to have ari.'ien 
 out of the employment. — Moore v. Lokard, 5 
 I. A. C. Dec. 185. 
 
 360. Clerk — Friendly personal inter- 
 
 course. — Where a clerk, in greeting a fel- 
 low employee who was delivering supplies, 
 placed his hand upon the latter's shoulder 
 by way of a passing act of friendliness, 
 without intent to indulge in funmaking or 
 liorseplay. and his hand was cut by a 
 butcher knife which, without the clerk's 
 knowledge the other was carrying under his 
 arm, it was held that the injury was the 
 result of an act not in excess of the usual 
 intercourse customary while at work, and 
 arose out of the employment. — Goldenson v. 
 Southern Pacific Co., 4 I. A. C. Dec. 65. 
 
 361. Oil well driller — Employee killed 
 on -^vay to fvork. — Where a well driller was 
 killed by a freiglit train while riding his 
 motorcycle from his employer's shop to his 
 place of employment and he was under no 
 duty to report to the shop before going to 
 work, it was held that the risk of being 
 struck by such train was not a special ex- 
 posure arising out of the employment but 
 was a risk of the commonalty. — Brown v. 
 Borden, 4 I. A. C. Dec. 5. 
 
 362. AVhere a well driller stopped as 
 usual at his employer's shop early in the 
 morning and obtained some oil for his 
 motorcycle, and also obtained a chain, and 
 on his way to the place of employment 
 nine miles distant was killed by a freight 
 train; and the evidence showed that the 
 chain had previously been used in the well 
 drilling, though the decedent's purpose in 
 taking it did not appear; that the deceased 
 and his fellow employees frequently took 
 tools on their motorcycles for use in their 
 work and that they were required to report 
 at tlie shop at night and frequently did re- 
 port in the morning, though not under any 
 duty to do so, and that they had no definite 
 liours of labor but had to work nine hours 
 a day, the work commencing at the well, it 
 was held that while going from the shop 
 to the well, deceased was not performing a 
 service arising out of the employment. — 
 Brown v. Borden, 4 I. A. C. Dec. 5. 
 
 363. Oil derrick carpenter — Added risk — 
 Employee boarding slo^vly moving truck 
 on ^vhich he T»as entitled to ride from 
 work. — Where an oil derrick carpenter was 
 permitted by the terms of his employment 
 to ride from work to camp on his em- 
 ployer's truck, and while boarding a slowly 
 moving truck for that purpose, was jostled 
 by another employee who was boarding said 
 truck, fell and was injured, it was held tliat 
 said attempt to board the moving truck 
 did not involve a greater risk than that 
 inliering in the character of the service 
 being then performed by him and that the 
 injury therefore arose out of and happened 
 in the course of his employment.- — Radish v. 
 Associated Oil Co., 4 I. A. C. Dec. 375. 
 
 364. Oil well driller — Fainting from ex- 
 hau.stlon — Arising out of employment. — 
 Where an oil well driller had been doing 
 exliausting work for a considerable period 
 with little rest, by reason of which he 
 fainted and fell from a stool on which he 
 was sitting and was injured, it was held 
 that the injury arose out of and was proxi-
 
 Act 2781 
 
 GRNCRAI. I.AAVS. 
 
 1022 
 
 mately caused by the employment. — Bellis 
 V. Doan, 4 I. A. C. Dec. 340. 
 
 365. A nuporvinlnK mechanical eiiBl"ecr 
 of a comeffry, wlio was injured while go- 
 ing from his place of residence which was 
 also liis employer's business office, and to 
 the cemetery for the performance of duties 
 there, was held to have been specially ex- 
 posed by reason of his employment to the 
 risk of such street injury, and that the in- 
 jury arose out of such employment. — Tally 
 V. Roman Catholic Archbishop of San Fran- 
 cisco, 5 I. A. C. Dec. 96. 
 
 36«. Injury after work while on way 
 home — RiNk of commonalty. — Where an em- 
 ployee was injured after work and while 
 going from his employer's premises to his 
 home by means of a private path traversing 
 private property of a third party, which 
 was the only means of access to the em- 
 ployer's premises, it was held that the risk 
 of such injury was a risk of the common- 
 alty and that the injury did not arise out 
 of the employment. — Mentz v. Pacific, etc., 
 Co., 4 I. A. C. Dec. 292. 
 
 367. Railroad employee — Injured on way 
 to lunch on company's cars. — Where a rail- 
 road employee rode to and from his lunch 
 each day on his employer's cars without the 
 payment of a fare and just after leaving a 
 car on his way to lunch, he was killed by 
 another of his employer's cars, it was held 
 that said death did not arise out of said 
 employment. — Read v. United Railroads of 
 San Francisco, 4 I. A. C. Dec. 251. 
 
 36.S. Injury on employer's preniises, 
 tvliile Kaiuinis; admis.sion to place of em- 
 ployment. — Tlie injury of an employee sus- 
 tained on his employer's premises while 
 gaining admission to such premises pur- 
 suant to his employer's expressed direction, 
 was held to have been an injury arising 
 out of and in course of the employment and 
 to have occurred while the employee was 
 performing services incidental to his em- 
 ployer and was therefore compensable. — 
 Millar v. Moore & Scott Iron Works, 5 
 I. A. C. Dec. 98. 
 
 .109. Dond officer of bank — Injured on re- 
 turn from pleasure trip Incidental to busi- 
 ness trip. — Where a bond officer of a bank, 
 made a pleasure trip Incidental to a busi- 
 ness trip, in the course of which he de- 
 rided to return to San Francisco and resume 
 his duties, and was injured while on the 
 way to San Francisco, it was held that the 
 pleasure trip and the business trip were 
 separable, and since the injury occurred on 
 the way to San Francisco to resume his 
 duties, it arose out of and in the course of 
 employment. — Rogers v. Capital, etc.. Bank, 
 4 I. A. C. Dec. 133. 
 
 370. I'^mployee injured on way from 
 ■»vork. — Where an employee was injured 
 on his way from work, his transportation 
 ^eing paid for but not furnished by the 
 employer as a part of the contract of hire, 
 and it was held that the injury did not 
 arise out of and was not proximately caused 
 by the employment. — Richardson v. Los An- 
 geles, 6 I. A. C. Dec. 71. 
 
 371. Employee killed ^vhile crossing: rail- 
 
 ro.id track on way from work. — Injury of 
 employee by being struck by a motor truck 
 while going from work across a third 
 party's property, that route being required 
 by his employer, held, notwithstanding such 
 requirement, to have been proximately 
 caused by a risk of the commonalty, and 
 not to have arisen out of or been proxi- 
 mately caused by the employment. — Gomez 
 V. Aetna, etc., Co., 6 I. A. C. Dec. 54. 
 
 372. Employer on way from employment 
 asrency to place of ^vork. — An award was 
 unauthorized for the death of a person not 
 employed, who was killed while on his way 
 from an employment agency to the place 
 of his prospective employment, the foreman 
 at the latter place having the sole power 
 to engage laborers, and the employment 
 agency having no authority other than to 
 find and send laborers, notwithstanding 
 such agency paid their transportation. — 
 California Highway Commission, etc., v. In- 
 dustrial Accident Commission, 40 Cal. App. 
 465, 181 Pac. 112, 6 I. A. C. Dec. 54. 
 
 373. Employee injured out of oflice on 
 his return out of office hours. — When an em- 
 ployee left the place of his employment 
 during the regular hours of employment, 
 and was injured on his return after such 
 hours to perform unfinished duties, which 
 were ordinarily performed during such 
 hours, although he was subject to emer- 
 gency calls, such injury was not received 
 when "performing service growing out of 
 and incident to his employment and acting 
 within the course of his employment" with- 
 in the meaning of the act, and was not 
 entitled to compensation under the act. — 
 Fidelity, etc., Co. v. Industrial Accident 
 Commission, (-Cal.) 193 Pac. 166. 
 
 374. Truck driver — ivilled in automobile 
 accident. — Where a truck driver ate his 
 lunch upon his employer's premises and 
 during the noon hour was told by his em- 
 ployer to start to perform a duty of his 
 employment and while crossing the street 
 to his truck he was killed by another auto- 
 mobile, it was held that he was obeying 
 the express order to start at that time, and 
 the injury arose out of and happened in the 
 course of his employment. — Fickett v. Bur- 
 ton, etc., Co., 4 I. A. C. Dec. 306. 
 
 375. Driver of delivery wagon — Deviation 
 from direct route. — -An injury suffered by 
 a driver of a delivery wagon while deviat- 
 ing from route, with employer's consent, on 
 special errand, is held compensable. — 
 Lauglals v. Fillmore Free Market, 6 I. A. C. 
 Dec. 73. 
 
 376. Locomotive eni^lneer .^ Sarcoma. — 
 Death from sarcoma incited by trauma held 
 to have been proximately caused by and to 
 have arisen out of the employment of a 
 locomotive engineer. — Carroll v. State Com- 
 pensation Insurance Fund, 6 I. A_ C. Dec. 
 191. 
 
 377. Truck driver for mining: company. — 
 The act of a truck driver for a copper min- 
 ing company in using a circular saw to cut 
 side boards for the truck in his charge, for 
 the purpose of increasing its carrying ca- 
 pacity, was held to be a reasonable incident 
 
 f 
 I
 
 1623 
 
 MASTER AXD SERVANT. 
 
 Act 27S1 
 
 of the employment and an act which he 
 could properly undertake without specific 
 orders. — Jordan v. Calaveras Copper Co., 6 
 I. A. C. Dec. 193. 
 
 378. Automobile driver — Injured in anto- 
 mobile aceidcnt. — An injurj' sustained by an 
 automobile driver employed to take pas- 
 sengers to a dance and back home again at 
 the close of the dance, during the dance, 
 while backing the automobile for the ac- 
 commodation of certain of his passengers, is 
 held to have arisen out of his employment 
 and while he was performing service grow- 
 ing out of and incidental thereto. — Kochio- 
 pulos V. Aronson, 6 I. A. C. Dec. 40. 
 
 379. Driver of automobile truclc — Killed 
 by passing automobile. — Under the act, the 
 death of the driver of an automobile truck 
 for a transfer company happened in the 
 course of and arose out of his employment, 
 where it was shown that the deceased left 
 his loaded truck at the noon hour on the 
 opposite side of the street from his em- 
 ployer's office, and then proceeded to the 
 office, where he remained about forty-five 
 minutes, and was killed by a passing auto- 
 mobile while attempting to recross the 
 street to his truck. — Burton, etc., Co. v. In- 
 dustrial Accident Commission, 37 Cal. App. 
 657, 174 Pac. 72, 5 I. A. C. Dec. 157 (Pickett 
 v. Burton, etc., Co., 4 I. A. C. Dec. 306). 
 
 380. Automobile delivery driver — Special 
 exposure to danger of such injury. — The 
 employment of an automobile delivery 
 driver which caused him to travel continu- 
 ously in the course of his employment, 
 specially exposes him to the danger of 
 street and road accidents, and an injury 
 in such accident therefore arises out of the 
 employment. — Employers' Liability, etc.. 
 Corporation v. Elmore, 4 I. A. C. Dec. 359. 
 
 381. Traveling salesman — Kntertainnient 
 of customers. — Where a traveling salesman 
 was authorized to entertain customers at 
 his employer's expense, it was held that 
 such entertainment was not a duty or serv- 
 ice arising out of his employment in the 
 sense that an injury incurred thereby is 
 compensable. — Hamnett v. Pennsylvania 
 Rubber Co., 4 I. A. C. Dec. 50. 
 
 382. Traveling salesman — Injury on va- 
 cation. — A traveling salesman, injured while 
 on vacation, held under the circumstances 
 of this case, to have been on a special er- 
 rand for the benefit of his employer, and 
 that the injury arose out of and was proxi- 
 mately caused by the employment, and was 
 compensable. — Skidmore v. Golden State, 
 etc., Co., 6 I. A. .C. Dec. 183. 
 
 383. Traveling salesman — Poison oak 
 poisoning. — Where a salesman rode over a 
 country road with his wife in the course 
 of his employment and his wife plucked 
 some flowers at the side of the road near 
 some poison oak shrubbery and he con- 
 tracted poison oak but did not touch any 
 object from which he could contract said 
 ailment, it was held that there was no 
 special exposure by reason of the employ- 
 ment to the risk of contracting poison oak 
 and that therefore the ailment did not arise 
 
 out of the employment. — Gates v. Ocean, 
 etc., Co., 4 I. A. C. Dec. 368. 
 
 384. Traveling salesman — Assault by rob- 
 ber on country road. — Where a traveling 
 salesman was recjuired by his employment 
 to travel by automobile on county roads 
 and he carried small amounts of money 
 which he collected from his employer's cus- 
 tomers, and he was assaulted and killed by 
 a stranger who had requested a ride and 
 who robbed him of the money and valu- 
 ables which he carried, and it did not ap- 
 pear that the region through which the de- 
 ceased was traveling was especially subject 
 to robberies or that the deceased carried or 
 was reputed to carry such amounts of 
 money or valuables as specially to subject 
 him to the risk of assault, it was held that 
 deceased was not specially exposed by rea- 
 son of his employment to the risk of as- 
 sault by robbers and that therefore the 
 death did not arise out of the employment. 
 — Cullom V. Co-operative, etc., Co., 4 I. A. C. 
 Dec. 365. 
 
 385. Nurse — Death from influenza — l^ot 
 specially exposed by reason of employment. 
 — The death of a nurse, not specially ex- 
 posed, from influenza, during an epidemic, 
 held not compensable. — Frisbee v. State 
 Compensation Insurance Fund, 6 I. A. C. 
 Dec. 77. 
 
 386. Hospital interne — Influenza. — Influ- 
 enza contracted by a hospital interne at- 
 tending influenza patients exclusively, held 
 to have arisen out of the employment. — 
 Schwartz v. County of Fresno, 6 I. A. C. 
 Dec. 132. 
 
 See, also, Slattery v. San Francisco, 6 
 I. A. C. Dec. 140, w^hich was the case of a 
 hospital steward who attended influenza 
 patients in a closed ambulance, helped to 
 undress and put them to bed and contracted 
 the disease after five days of service, and 
 died from the effects of the same, and a 
 similar conclusion was reached, and com- 
 pensation awarded. 
 
 3S7. Hospital ste'^vard's special exposure 
 to highly infectious disease. — Where a dis- 
 ease is contracted because of its highly in- 
 fectious character and an employee's special 
 exposure to it, by reason of his employ- 
 ment, it constitutes an injury within the 
 meaning of the act. — Slattery v. San Fran- 
 cisco, 6 I. A. C. Dec. 140. 
 
 388. Policeman — Influenza — Special ex- 
 posure. — A policeman, whose duties required 
 him to be in close contact with influenza 
 patients was held to be more specially ex- 
 posed to the danger of contracting the 
 disease than the commonalty, and his death 
 from the disease therefore arose out of and 
 way proximately caused by his employment. 
 — Holcomb V. State Compensation Insur- 
 ance Fund, 6 I. A. C. Dec. 144. 
 
 389. Ranch foreman — Accidentally shot. 
 — Where a ranch foreman, while perform- 
 ing the duties of the employment was acci- 
 dentally shot by a gun in the possession of 
 a fellow employee who intended to use 
 same outside of work hours for purposes 
 unconnected with said employment, it was 
 held that the injury arose out of and was
 
 Act 2781 
 
 GENKRAL. LAWS. 
 
 1624 
 
 proximately caused by said employment. — 
 Estes V. Channon & Estes, 4 I. A. C. Dec. 
 130. 
 
 390. Same — Injury from accidental dis- 
 ohnr^e of eun. — "Where an employer sup- 
 plied a gun to his ranch employees with 
 which to kill ranch pests, and an employee 
 was injured at work by reason of the acci- 
 dental discharge of the gun while it was 
 being cleaned by another employee at the 
 foreman's direction, it was held that the 
 injury was a natural incident of the work 
 and a normal result of the exposure occa- 
 sioned thereby and that the injury there- 
 fore arose out of and was proximately 
 caused by the employment. — Padrino v. 
 Shedd, 4 I. A. C. Dec. 350. 
 
 391. An injury received by an employee 
 from the accidental discharge of a gun, due 
 to the jolting of the wagon in which such 
 person was proceeding to his place of em- 
 ployment, is not an injury arising out of 
 and in the course of his employment where 
 the gun was taken along for the pleasure 
 of a fellow employee as part of his be- 
 longings being conveyed to said place and 
 had no connection with or bearing upon any 
 part of his work notwithstanding the em- 
 ployer knew that he was taking the gun 
 and made no protest thereto. — Ward v. In- 
 dustrial Accident Commission, 175 Cal. 42, 
 L. R. A. 1918A, 233, 164 Pac. 1123, 4 I. A. C. 
 Dec. 117 (Ward v. Ward, 3 I. A. C. Dec. 220). 
 
 392. Millwriprlit — Traveling employment. 
 — An injury sustained by a millwright while 
 journeying in an automobile belonging to 
 his son to a place where he had been di- 
 rected to go by his employer to install ma- 
 chinery, is an injury arising out of the em- 
 ployment, where it is shown that his em- 
 ployment was in the nature of a traveling 
 employment. — London, etc., Co. v. Industrial 
 Accident Commission, 35 Cal. App. 681, 170 
 Pac. 1074, 4 I. A. C. Dec. 386 (Summers v. 
 California Iron Works, 4 I. A. C. Dec. 275). 
 
 393. Mill employee — Returning across 
 railroad track from lunch. — Where em- 
 ployees of a milling company customarily, 
 with the employer's knowledge, spent their 
 lunch time on premises near the mill con- 
 trolled though not owned by the employer, 
 and were accustomed to cross a railroad 
 track on their return to work, an employee 
 injured while so crossing the track was 
 held to have been performing service in the 
 course of his employment at the time of his 
 injury, and that the injury arose out of the 
 employment. — Jamison v. Sperry Flour Com- 
 pany, 6 I. A. C. Dec. 132. 
 
 394. Mill employee — Actinomyco.sis. — 
 Actinomycosis, contracted by a mill em- 
 ployee while grinding and sacking wheat 
 and barley for feed, and filling sacks with 
 pulverized grain from the spout of a grind- 
 ing mill, is, under the circumstances of this 
 case, an injury arising out of and in the 
 course of his employment under the act of 
 1913. — Hartford, etc., Co. v. Industrial Ac- 
 cident Commission, 32 Cal. App. 481, 163 Pac. 
 225. 
 
 39,5. Piano salesman— Ellevator accident 
 on Sunday. — An employee of a piano com- 
 
 pany, who was hurt by falling into the ele- 
 vator shaft in the building where the com- 
 pany occupied rented floor space, while 
 attempting to use the elevator on his way 
 to work, the elevator being under the sole 
 control of the owner of the building, and 
 maintained and operated for common use 
 of all the tenants in tlie building has sus- 
 tained an accident arising out of the course 
 of his employment. — Starr Piano Co. v. In- 
 dustrial Accident Commission, 58 Cal. Dec. 
 379, 184 Pac. 860, 6 I. A. C. Dec. 174 (Stein- 
 kamp V. Starr Piano Co., 57 Cal. Dec. 212, 5 
 I. A. C. Dec. 81, 6 I. A. C. Dec. 39). 
 
 396. The fact that an employee entered 
 the building where his employer occupied 
 rented floor space, on Sunday, by means of 
 a key surreptitiously obtained, and was in- 
 jured while attempting to operate the ele- 
 vator, in the absence of the operator, does 
 not affect his right to compensation, under 
 the circumstances of the present case. — 
 Starr Piano Co. v. Industrial Accident Com- 
 mission, 58 Cal. Dec. 379, 184 Pac. 860, 6 
 I. A. C. Dec. 174 (Steinkamp v. Starr Piano 
 Co., 57 Cal. Dec. 212, 5 I. A. C. Dec. 81, 6 
 I. A. C. Dec. 39). 
 
 397. An employee of a piano company, 
 in charge of the company's exhibit on the 
 fourth floor of the building, injured by fall- 
 ing in the passenger elevator shaft, into 
 the open door of which he had entered for 
 the purpose of operating the elevator to 
 take himself and his companions to the 
 floor on which was the exhibit, on Sunday, 
 in the absence of the elevator operator, 
 there being a safe means of reaching the 
 floor by stairway, and he having entered the 
 building with a passkey without the con- 
 sent of his employer, is not entitled to com- 
 pensation under the act. — Starr Piano Co. 
 V. Industrial Accident Commission, 57 Cal. 
 Dec. 212, 184 Pac. 860, 6 I. A. C. Dec. 39. 
 
 39S. Typist — Elevator accident. — ^The act 
 of a typist employed on the fourth floor of 
 a building in going to the only restroom for 
 women in the building on the ninth floor 
 was an act reasonably incident to her em- 
 ployment, and was a proper use of the fa- 
 cilities provided for the employees of the 
 tenants of the building, and the place of the 
 injury on the ninth floor was constructively 
 a part of the employer's premises, and the 
 injury was compensable. — O'Connell v. 
 Blum's Advertising Agency, 6 I. A. C. Dec. 
 225. 
 
 399. Clerk and bookkeeper^Antomobiie 
 accident ^vhile mailing letters for employer. 
 — An injury sustained by a clerk and book- 
 keeper from being run dowji by an automo- 
 bile while crossing a public street to mail 
 letters for his employer is an injury arising 
 out of his employment. — Globe, etc., Co. v. 
 Industrial Accident Commission, 36 Cal. App. 
 280, 171 Pac. 1088, 5 I. A. C. Dec. 36. 
 
 400. Bookkeeper — Injury from crank! iig 
 automobile. — Where a bookkeeper was em- 
 ployed to work during the day only but on 
 account of extra work was required to worlc 
 with the manager at night with the under- 
 standing that he would be taken home from 
 such night work in the employer's auto-
 
 ic: 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 mobile and he was injured while cranking 
 the automobile to go home from such work, 
 it was held that said injury arose out of 
 and happened in the course of the employ- 
 ment. — Schentz v. Los Angeles, etc., Co., 4 
 I. A. C. Dec. 384. 
 
 401. Employee voluntarily reuiaining at 
 «ork after office hours to help fellow em- 
 ployee. — An applicant for compensation who 
 was injured while remaining on employer's 
 premises after work and as voluntarily as- 
 sisting a fellow employee, held not entitled 
 to compensation, because performing service 
 outside his duties. — Speth v. Firestone, etc., 
 Co., 6 I. A. C. Dec. 201. 
 
 402. Lig-htinir cigrarette by employee set- 
 tins' fire to oil-soaked bandage. — An injury 
 sustained by an employee from the burning 
 of a bandaged hand caused by the ignition 
 of the bandage from a match which he had 
 struck for the purpose of lighting a ciga- 
 rette is an injury arising out of his em- 
 ployment. — Whiting, etc., Co. v. Industrial 
 Accident Commission, 178 Cal. 505, 5 A. L. R. 
 1518, 173 Pac. 1105, 5 I. A. C. Dec. 152 
 (Duarte v. Whiting, etc., Co., 4 I. A. C. Dec. 
 182, S. C. 5 I. A. C. Dec. 4, 38). 
 
 403. Same — Personal acts ■which an em- 
 ployee may do. — Under the act such acts as 
 are necessary to the life, comfort and con- 
 venience of the servant while at work, 
 though strictly personal to himself, and not 
 acts of service, are incidental to the service, 
 and injury sustained in the performance 
 thereof is deemed to have arisen out of the 
 employment. — Whiting, etc., Co. v. Indus- 
 trial Accident Commission, 178 Cal. 505, 5 
 A. L. R. 1518, 173 Pac. 1105, 5 I. A. C. Dec. 
 152 (Duarte v. Whiting, etc., Co., 4 I. A. C. 
 Dec. 182, S. C, 5 I. A. C. Dec. 4, 38). 
 
 404. Janitor in public school. — Where a 
 janitor of a public school was required to 
 act as caretaker of the school premises dur- 
 ing the summer vacation when he had few 
 strictly janitorial services to perform, and 
 he was specifically instructed not to allow 
 any one to go through the building alone, 
 and he was injured while showing through 
 the building an insurance inspector who de- 
 sired data on insurance rates in that vicin- 
 ity, it was held that the act was reasonably 
 incidental to his duties in general and that 
 therefore the injury arose out of and hap- 
 pened in the course of his employment. — 
 Brown V. Conley School District, 4 I. A. C. 
 Dec. 353. 
 
 405. School teacher — Moving heavy seats 
 to get needed book from bookcase. — An in- 
 jury sustained by a public school teacher in 
 moving a section of desks and seats in order 
 to get to a bookcase and obtain a book 
 therefrom, which she required in the course 
 of her duties, was held to be an injury aris- 
 ing out of and sustained in the course of 
 her employment. — Elk Grove, etc.. District 
 V. Industrial Accident Commission, 34 Cal. 
 App. 589, 1G8 Pac. 392, 4 I. A. C. Dec. 284 
 (Hoag V. Elk Grove, etc.. District, 4 I. A. C. 
 Dec. 70). 
 
 40(t. Moving picture actor— Automobile 
 accident. — An injury sustained by an actor 
 emplcyed by a moving picture company 
 
 while standing in a public street, engaged 
 in social converse, from being struck by an 
 automobile, is not an injury arising out of 
 his employment, notwithstanding the cor- 
 ners of the intersecting street were occupied 
 by the company as parts of its plant. — Bal- 
 boa, etc., Co. V. Industrial Accident Com- 
 mission, 35 Cal. App. 793, 171 Pac. 108, 5 
 I. A. C. Dec. 6 (Stanley v. Balboa, etc., Co., 
 4 I. A. C. Dec. 162). 
 
 407. An injury received by a moving pic- 
 ture actor, while standing in a street, en- 
 gaged in a social conversation with other 
 employees of the same company, by being 
 run over by an automobile driven by an 
 ofRcer of the same company, was not an in- 
 jury arising out of his employment, al- 
 though the company's plant occupied the 
 four corners of the street crossing and he 
 was at the time waiting to be called for 
 service. — Balboa, etc., Co. v. Industrial Ac- 
 cident Commission, 35 Cal. App. 793, 171 
 Pac. 108. 
 
 40S. Same — Same — Prerequisites to 
 award. — To entitle an employee to compen- 
 sation under the act it must appear that 
 the injury is traceable to the nature of the 
 employee's work or to the risks to which 
 the employer's business exposes the em- 
 ployee, and that there is a causal connec- 
 tion between the conditions under which 
 the employee works and the resulting in- 
 jury; but it need not appear that the injury 
 was foreseen or expected, but that after the 
 event it must appear that it had its origin 
 in a risk connected with the employment 
 and to have followed that employment as a 
 rational consequence. — Balboa, etc., Co. v. 
 Industrial Accident Commission, 35 Cal. App. 
 793, 171 Pac. 108. 
 
 409. AVatchman — Killed at post of duty. 
 — The evidence in this case held sufficient 
 to establish that the employee, a watchman, 
 was assaulted while protecting his employ- 
 er's property and that his death arose out 
 of and was approximately caused by the 
 employment. — Drager v. Rosenberg, etc., 
 Co., 6 I. A. C. Dec. 135. 
 
 410. Death with no witnesses present — 
 Presumption. — Where an employee sustains 
 a violent death while at work, with no 
 witnesses present, and the circumstances are 
 consistent with death caused in the course 
 of and arising out of the employment, it 
 will be presumed that such was the fact. — ■ 
 Drager v. Rosenberg, etc., Co., 6 I. A. C. 
 Dec. 135. 
 
 411. Night 'watchman — Performing serv- 
 ice for fellow employee. — A corporation en- 
 gaged in the construction of a railroad is 
 not liable under the act for the death of a 
 night watchman of a locomotive engine, 
 whose duties were to stay on the engine 
 nights and have it in readiness for the day's 
 work, where such death occurred while he 
 was temporarily in charge of a steam 
 shovel, also operated in connection with the 
 work, pursuant to a request of the person 
 having the exclusive care and control of 
 the shovel, which was without the knowl- 
 edge or consent of his employer. — Robert 
 Sherer & Co. v. Industrial Accident Comniis-
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1G28 
 
 slon, 175 Cal. 615, 166 Pac. 318, 4 I. A. C. 
 Dec. 220 (Bowin v. Sherer, 4 I. A. C. Dec. 
 16). 
 
 412. NlRht watchman — WllfuU.v Invitlni? 
 detrimental occurrence. — An award made to 
 the widow of a night watchnnan and janitor 
 is not supported by sufficient evidence, 
 where it may be deduced therefrom that the 
 deceased wilfully stepped aside from the 
 performance of his duties, and invited by 
 direct action on his part the occurrence of 
 the detrimental causes which produced his 
 death. — John A. Roebling's Sons Co. v. In- 
 dustrial Accident Commission, 36 Cal. App. 
 10, 171 Pac. 987, 5 I. A. C. Dec. 11 (Bundshu 
 V. John A. Roebling's Sons Co., 4 I. A. C. 
 Dec. 215). 
 
 4jrJ. Unexplained fall — PrcMumiition. — An 
 injury from an unexplained fall, not shown 
 to be due to an attack of pre-existing illness, 
 and not causally unconnected with the em- 
 ployment, occurring while performing serv- 
 ice in the employment, held to have arisen 
 out of and proximately caused by the em- 
 ployment, and proof of such injury so oc- 
 curring discharges the burden of proof rest- 
 ing upon the applicant. — Schwartz v. Hines, 
 6 I. A. C. Dec. 238. 
 
 414. Fireman — Performins viork accord- 
 ing to eu.stom out of the usual manner. — An 
 award for the death of a fireman employed 
 In a rolling mill operated by a railroad com- 
 pany, is within the jurisdiction of the com- 
 mission, where the evidence shows that at 
 the time of the death the deceased was per- 
 forming the duty of his employment in ac- 
 cordance with the custom of the workmen, 
 known to the foreman in charge, although 
 not in the u.sual manner of performance. — 
 Southern Pacific Co. v. Industrial Accident 
 Commission, 177 Cal. 378, 170 Pac. 822, 5 
 I. A. C. Dec. 20 (Hunt v. Southern Pacific 
 Co., 4 I. A. C. Dec. 107). 
 
 414n. Bookkeeper working extra hours 
 at niKht— Taken home In employer's auto- 
 mobile. — Where a bookkeeper was employed 
 to work during the day only but on account 
 of extra work was required to work with 
 the manager at night with the understand- 
 ing that he would be taken home from such 
 night work in the employer's automobile, 
 which was used in the business, and he was 
 injured while cranking the automobile to 
 go home from such work, it was held that 
 the said injury arose out of and happened 
 Jn the course of the employment. — Schnetz 
 V. Los Angeles, etc., Co., 4 I. A. C. Dec. 384. 
 414b. Team.ster handling tnnbark — Poi- 
 Moned hands. — An injury sustained by a 
 teamster handling rough tanbark which 
 caused his hands to be bruised and poisoned, 
 there being no time at which an accident 
 occurred, was held to be an injury arising 
 in the course of the employment and due 
 to the occupation. — Seward v. Sunset, etc., 
 Co.. 3 I. A. C. Dec. 49. 
 
 414c. Night watchman on enprine— Tem- 
 porarily operating steam shovel. — A cor- 
 poration engaged in the construction of a 
 railroad is not liable under the act for the 
 death of a night watchman of a locomotive 
 engine, whose duties were to stay on the 
 
 engine nights and have it In readiness for 
 the day's work, where such death occurred 
 while he was temporarily in charge of a 
 steam shovel, also operated in connection 
 with the work, pursuant to a request of the 
 person having the exclusive care and con- 
 trol of the shovel, which was without the 
 knowledge or consent of his employer. — 
 Sherer v. Industrial Accident Commission, 
 54 Cal. Dec. 64, 4 I. A. C. Dec. 220 (Dunn 
 V. Steigh, 4 I. A. C. Dec. 16). 
 
 414d. Not arising out of employment. — • 
 The injury in the present case was held 
 not to have arisen out of the employment. 
 — Fishering v. Daly Bros., 2 I. A. C. Dec. 
 607 (see, also, 3 I. A. C. Dec. 215); Vittorio 
 V. California Pottery Co., 3 I. A. C. Dec. 26. 
 
 414e. Employee on vacation. — An em- 
 ployee on vacation engaged in the diver- 
 sions of horseback riding, deer hunting, 
 etc., is not entitled to compensation, etc., 
 and injured while so engaged, is not en- 
 titled to compensation, such injury not be- 
 ing reasonably incident to his employment 
 or traceable to the nature of his work. — 
 Continental Casualty Company v. Indiana 
 Accident Commission (Cal.), 190 Pac. 849 
 (Skidmore v. Golden State, etc., Company, 
 6 I. A. C. Dec. 183). 
 
 h. Course of employment. 
 
 415. Reasonable act outside express duties 
 —Employee not bound to fixed and un- 
 changeable limits. — An employee is not 
 bound to operate within fixed and un- 
 changeable limits but is entitled to use his 
 own judgment in the discharge of his duties 
 to his employer, and a reasonable act per- 
 formed by him in the general line of the 
 duties of his employment, although outside 
 of the strict limits of his instructed or 
 usual duties, is within the course of his 
 employment. — Landis v. Prosser, 4 I. A. C. 
 Dec. 204. 
 
 41G. Right not limited to injury sus- 
 tained ^vliile actually manipulating the tools 
 of his calling. — The right to compensation 
 under the act is not restricted to injuries 
 occurring while an employee is actually 
 present manipulating the tools of his call- 
 ing. — Judson, etc., Co. v. Industrial Accident 
 Commission, 58 Cal. Dec. 29, 184 Pac. 1, 6 
 I. A. C. Dec. 151 (Gallia v. Judson, etc., Co., 
 6 I. A. C. Dec. 33). 
 
 417. Service not injury In coarse of the 
 employment. — The right to an award under 
 the act is not founded upon the fact that 
 the injury grows out of and is incidental to 
 his employment, but upon the fact that the 
 service he was rendering at the time of the 
 injury grows out of and is incidental to the 
 employment. — Ocean, etc., Co. v. Industrial 
 Accident Commission, 173 Cal. 313, 322, 
 L. R. A. 1917B, 336, 159 Pac. 1041. 
 
 418. Injury sustained while going to or 
 returning from work. — An employee injurod 
 While going to or returning from his work, 
 whether his journey takes him over private 
 or public ■ways, i.s not entitled to the bene- 
 fits of the act. — Ocean, etc., Co. v. Industrial 
 Accident Commission. 173 Cal. 313, 322, 
 L. R. A. 1917B, 336, 159 Pac. 1041.
 
 1G27 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 419. Exception to rule — Use of only avail- 
 able means of access. — Where an employee 
 was killed about twenty feet in front of 
 his employer's premises, while going there 
 to work, the death was compensable, since 
 deceased was approaching the only available 
 access to the premises and the only way of 
 reaching the entrance, and this means of 
 approach had, to the knowledge of the em- 
 ployer, been used for years by his em- 
 ployees, although he owned no right of 
 way there. — Gallia v. Judson Manufacturing 
 Co., 6 I. A. C. Dec. 33. 
 
 42<». Same — Special exposure to risk. — 
 The circumstances here take the case but 
 of the rule that injuries incurred off the 
 employer's premises, while going to or re- 
 turning from work, are not compensable 
 and show a special exposure to risk, and 
 therefore the death is held to have arisen 
 out of and to have been proximately caused 
 by the employm,ent. — Gallia v. Judson Manu- 
 facturing Co., 6 I. A. C. Dec. 33. 
 
 421. Same — Special exposure of particu- 
 lar means of access. — Exception to rule that 
 injuries incurred off employer's premises 
 while going to or returning from work are 
 not compensable is where the particular 
 means of access specially exposed the em- 
 ployee to great risk of injury, and the em- 
 ployer fails to provide other means. — Gallia 
 V. Judson, etc., Co., 6 I. A. C. Dec. 33. 
 
 See, also, De Constantin v. Public Service 
 Commission, 83 S. E. 88; Hills v. Blair, 148 
 N. W. 243; In re Sundine, 105 N. E. 433 
 (Gomez v. Etna, etc., Co., 6 I. A. C. Dec. 54). 
 
 422. Miner — Return to mine after tem- 
 porary absence on private business. — An 
 injury sustained by a miner while return- 
 ing to the mine after a temporary absence 
 on private business to a distant city, was 
 held not to be an injury happening in the 
 course of his employment. — Boggess v. In- 
 dustrial Accident Commission, 54 Cal. Dec. 
 598, 4 I. A. C. Dec. 343 (Fenner v. Boggess, 
 4 I. A. C. Dec. 40). 
 
 423. Injury on way to receive pay check, 
 after discharg-e. — An employee who was in- 
 jured after his discharge while on his way 
 to receive his pay draft, was held to have 
 been engaged in the course of his employ- 
 ment.-^McFarland v. Madera, etc., Co., 5 
 I. A. C. Dec. 124. 
 
 424. Returning after quitting employ- 
 ment. — Where a woodsman quit his employ- 
 ment for a week-end trip, with the expec- 
 tation of being re-employed on his return, 
 and his employer advanced to him the rail- 
 road fare, to be deducted from his wages 
 thereafter to be earned, and the employee 
 was injured while returning on a train for 
 further employment, it was held that said 
 injury did not happen in the course of any 
 employment of said woodsman. — McKenzie 
 V. McCloud, etc., Co., 4 I. A. C. Dec. 389. 
 
 425. Seaman — Reaching and departing 
 from ship. — A seaman or other employee of 
 a vessel is entitled to the benefits of the act 
 if injured while using the instrumentality 
 provided either in reaching or departing 
 from his ship, and in case no instrumen- 
 tality at all is provided. — Ocean, etc., Co. v. 
 
 Industrial Accident Commission, 173 Cal. 
 .313, 322, L. R. A. 1917B, 336, 159 Pac. 1041. 
 42G. Same — Seeking to board vessel. — A 
 seaman or employee of a vessel can not be 
 said to be seeking to board his vessel, with- 
 in the meaning of the rule allowing him 
 compensation in such a case, until he has 
 come into such proximity as to be using or 
 immediately about to use the gangplank, 
 ladder or other instrumentality "specifically 
 connected with the ship." — Ocean, etc., Co. v. 
 Industrial Accident Commission, 173 Cal. 
 313, 322, L. R. A. 1917B, 336, 159 Pac. 1041. 
 
 427. Seaman— Adopting perilous means of 
 boarding ship, ^vlien no other instrumental- 
 ity is provided. — In the case of a seaman or 
 other employee an injured employee will 
 not be excluded from the benefits of the 
 act if he adopts some perilous means of 
 boarding his ship, as by endeavoring to 
 leap to her deck from the pier, where no 
 instrumentality of reaching the ship is pro- 
 vided. — Ocean, etc., Co. v. Industrial Acci' 
 dent Commission, 173 Cal. 313, 322, L.. R. A. 
 1917B, 336, 159 Pac. 1041. 
 
 428. Use of hazardous means of exit fromi 
 employer's premises ivhen safe means exist. 
 — The use by an employee of a hazardous 
 means of leaving his employer's premises 
 when a perfectly safe method of exit is af- 
 forded him and he uses such hazardous 
 means for his own convenience and in order 
 to save a few minutes of his own time, is 
 an added risk not contemplated in the con- 
 tract of hire and an injury sustained there- 
 by was held not to arise out of or in the 
 course of the employment, nor while per- 
 forming any service in the same. — Sharp v. 
 Mammoth, etc., Co., 5 I. A. C. Dec. 124. 
 
 429. Injury while leaving place of em- 
 ployment by unusual and dangerous exit. — 
 The dependents of a ship bolter who sus- 
 tained a fatal injury while leaving the place 
 of employment to go to lunch, by an un- 
 usual and dangerous exit were not entitled 
 to compensation. — Moore & Scott Iron 
 Works V. Industrial Accident Commission, 
 36 Cal. App. 582, 172 Pac. 1114, 5 I. A. C. 
 Dec. 85. 
 
 42i)a. Rule of reasonable time to get off 
 employer's premises. — Where an employee 
 performing services as guard at a battery 
 house situated at a point between the 
 smelter and the mine belonging to his em- 
 ployer and all located on property of such 
 employer, was injured on a railroad con- 
 necting the mine and the smelter, it was 
 held that the rule that an employee should 
 be allowed a reasonable margin of time to 
 get off the employer's premises did not 
 apply, owing to the large extent of the 
 property. — Sharp v. Mammoth, etc., Co., 5 
 I. A. C. Dec. 124. 
 
 430. On -nay to place of employment. — If 
 an employee is merely on his way to the 
 place of employment, and is injured, the in- 
 jury is not one sustained in the course of 
 the employment. — Starr Piano Co. v. Indus- 
 trial Accident Commission, 58 Cal. Dec. 379, 
 184 Pac. 860, 6 I. A. C. Dec. 174 (Steinkamp 
 V. Starr Piano Co., 57 Cal. Dec. 212, 5 I. A. C. 
 Dec. 81, 6 I. A. C. Dec. 39).
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1C2S 
 
 431. Arrlvnl at place of employment, 
 seekInK entrance, sufllclent. — It is sufflrient, 
 under the act, if the employee has come to 
 the employer's premises, and is seeking en- 
 trance thereto by the means of access pro- 
 vided by the employer, or reasonably used 
 by the employee, to entitle him to compen- 
 sation for an injury then sustained, and it 
 is not necessary that he should have actu- 
 ally begun to render service. — Starr Piano 
 Co. V. Industrial Accident Commission, 58 
 Cal. Dec. 379, 184 Pac. 860, 6 I. A. C. Dec. 
 174 (Steinkamp v. Starr Piano Co., 57 Cal. 
 Dec. 212, 5 I. A. C. Dec. 81, 6 I. A. C. Dec. 
 39). 
 
 432. Arrival at place of employment, 
 ready to perform service. — When an em- 
 ployee has arrived at the premises of his 
 employer and is thereon for the purpose of 
 immediately commencing his work, he Is 
 performing service incidental to his em- 
 ployment within the meaning of the act. — ■ 
 .Judson, etc., Co. v. Industrial Accident Com- 
 mission, 59 Cal. Dec. 291, 184 Pac. 1, 6 I. A. C. 
 Dec. 151 (Gallia v. Judson, etc., Co., 6 
 J. A. C. Dec. 33). 
 
 433. Injury v»'hile about to enter place of 
 employment. — An employee about to go 
 aboard of the dredger where he was em- 
 ployed to assume his duties, was injured by 
 a wire fastening the dredger to the bank 
 and it was held that the injury was com- 
 pensable. — Gust V. Sacramento, etc., Co., 5 
 I. A. C. Dec. 164. 
 
 4.34. Injury on way to business in em- 
 ployer's automobile on employer's tinte. — 
 An employee who was injured while being 
 conveyed to work in his employer's vehicle 
 and upon his employer's time, was held to 
 have been injured in the course of his em- 
 ployment. — Proctor v. Lindgren Co., 5 
 I. A. C. Dec. 115. 
 
 43,'>. Injured in automobile accident on 
 way to work. — Where an employer furnishes 
 his employee with an automobile to convey 
 him about while engaged in his employment, 
 and while not so engaged, and paid the ex- 
 penses of the upkeep of such machine, and 
 such employee was injured while on his 
 way to work, in such machine. It was held 
 that he was entitled to compensation, since 
 the risks of that mode of conveyance, when 
 selected by the employer, became a part 
 of the risks of the employment. — Johnson v. 
 Pure Milk Dairy Co., 6 I. A. C. Dec. 257. 
 
 438. Kmplo.voe injured while on his 'way 
 to attend a meeting called by employer. — 
 An employee fatally injured while on his 
 way to attend a meeting of the employees 
 with the executive officer of the employer 
 in charge of the employees' department, by 
 the direction of the employer, and concern- 
 ing the employer's business and his inter- 
 est, in the employer's automobile, was held 
 to have been engaged on a special errand 
 in the course of his employment, and that 
 the risk of the street injury was a risk to 
 which he was specially exposed by reason 
 of his employment, and that the injury was 
 compensable. — McConnaughy v. Board of 
 Public Service Commissioners of Los An- 
 geles, 6 I. A. C. Dec. 260. 
 
 437. Injury while crossing; the street on 
 way to work — Stopping; to converse with 
 fellow employee an alloAvable personal act. 
 
 — Where an employee in the course of the 
 duties of his employment, while crossing the 
 street, stopped on the street to converse for 
 a minute with a fellow employee, it was 
 held that the act of stopping was one of 
 the many personal acts which an employee 
 may do in connection with his employment 
 without taking him out of the course of his 
 employment. — Stanley v. Balboa, etc., Co., 4 
 I. A. C. Dec. 162. 
 
 But see Balboa, etc., Co. v. Industrial Ac- 
 cident Commission, 35 Cal. App. 793, 5 
 I. A. C. Dec. 6. 
 
 438. Going to and from work — Payment 
 of transportation. — If transportation is pro- 
 vided as part of the contract of hire, in- 
 juries are usually construed compensable if 
 the employee is likewise paid for his time 
 both "going and coming" the case is clearly 
 compensable. — Wedgwood v. Victory Motor 
 Co., 6 I. A. C. Dec. 215. 
 
 439. Going to and from work — Cost of 
 transportation deducted from employee's 
 ■»vagres. — Where an employee was trans- 
 ported at close of work to his home in an 
 automobile neither owned nor operated by 
 his employer, and a charge therefor was 
 made, it was held that the employer did not 
 furnish the transportation and that the in- 
 jury to the employee while being so trans- 
 ported was not in the course of the employ- 
 ment. — Wedgwood v. Victory Motor Co., 5 
 I. A. C. Dec. 215. 
 
 440. Injury during: transportation from 
 work to camp. — Where pursuant to the 
 terms of the employment an employer trans- 
 ported its employees on auto trucks be- 
 tween the camp w^here they lived and the 
 place in which they worked, and employees 
 w^ere allowed to ride on any of the employ- 
 er's trucks if enough trucks regularly pro- 
 vided were not available, and an employee 
 was injured while boarding a truck not 
 usually used for conveyance it was held that 
 the injury happened in the course of the 
 employment. — Radish v. Associated Oil 
 Company, 4 I. A. C. Dec. 375. 
 
 441. On way to lunch on emiiloyer's 
 premises. — An injury sustained by an em- 
 ployee while on his way to lunch, is an 
 injury in the course of employment, when 
 occurring in part of employer's premises 
 which was in use, even though such em- 
 ployee had left the actual scene of his own 
 work. — Koster v. Union Lumber Co., 5 
 L A. C. Dec. 179. 
 
 442. Barber shop employee^Injnred In 
 elevator. — ^The fact that the elevator, in the 
 closing doors of which an employee of a 
 tenant of the building was caught and in- 
 jured, was controlled by the owners of the 
 building from whom the employer leased 
 his shop, is unimportant, and such elevator 
 was a part of the employer's premises. — 
 Popineau v. Industrial Accident Commis- 
 sion, (Cal. App.), 187 Pac. 988. 6 I. A. C. 
 Dec. 246 (Miles v. Popineau, 6 I. A. C. Dec. 
 74). 
 
 And the fact that the elevator was used 
 
 \
 
 1629 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 by all persons having occasion to do so as 
 a means of access to the building did not 
 affect the injured employee's right to com- 
 pensation. — Same v. same. 
 
 443. Same— Employee leaving place ot 
 employment ivith employer's consent. — If 
 an employee leaves the place of his 
 employment with his employer's con- 
 sent and approval, to procure a bot- 
 tle of milk to use with his lunch, as was 
 his custom, he, though ministering to him- 
 self, is, nevertheless, in a remote sense, in 
 that one who works must eat, engaged in 
 an act which contributes to his efficiency 
 and furtherance of his work. — Popineau v. 
 Industrial Accident Commission, (Cal. App.) 
 187 Pac. 988, 6 I. A. C. Dec. 246 (Miles v. 
 Popineau, 6 I. A. C. Dec. 74). 
 
 444. Employee ot different employers- 
 Deviation from direct route home. — Where 
 an applicant for compensation was em- 
 ployed by different employers at different 
 times of the day and was unable to com- 
 plete all the duties of the first employment 
 before he entered upon the duties of the 
 second employment, and while serving the 
 second employer he had to go to his home 
 and intended to deviate from a direct route 
 home to complete the duty for the first 
 employer, but before making said deviation 
 he was injured, it was held that said injury 
 happened in the course of the employment 
 of the second employer only. — Davis v. Earl 
 Publishing Co., 4 I. A. C. Dec. 234. 
 
 445. Stopping to take drink ivhile on 
 errand for employer. — An injury sustained 
 by an employee while performing an errand 
 and when stopping for a drink was held to 
 be compensable. — Roney v. Ne Page, etc., 
 Co., 5 I. A. C. Dec. 129. 
 
 446. Injury on return from business trip 
 after temporary digression for plea.sure. — 
 An injury when returning from a business 
 trip after a temporary digression for plea- 
 sure held to have been incurred in the 
 course of the employment. — Kelley v. 
 American, etc., Co., 5 I. A. C. Dec. 53. 
 
 447. On ivay home after service — No 
 fixed hours of employment. — Where a book- 
 keeper, after inspecting certain of his em- 
 ployer's vineyards, such inspection being a 
 duty of his employment, went to his home 
 to leave his bicycle and get some refresh- 
 ments, and he was injured while riding 
 in an automobile from his home to his 
 employer's office, and he was employed on a 
 monthly salary and had no prescribed hours 
 of employment, was held to have arisen out 
 of and in course of said employment. — Rata 
 V. Setchel, etc., Co., 4 I. A. C. Dec. 184. 
 
 44S. Maid employed to do house^vork in- 
 jured while off duty. — A maid, employed to 
 do general housework in a sanitarium, and 
 in addition to attend patients, was not en- 
 titled to compensation for an injury sus- 
 tained by slipping on a wet floor, at a time 
 when she was not on duty, and while she 
 was preparing to do work for herself. — 
 Gernhardt v. Industrial Accident Commis- 
 sion, 30 Cal. App. 129, 185 Pac. 307, 6 I. A. C. 
 Dec. 166. 
 
 449. Miner — Washing up after end of 
 time on duty. — Where a miner working on 
 a night shift, at the end of his hours of 
 labor, went to his tent, washed up, and re- 
 turned to the mine, according to custom, for 
 the purpose of investigating two unex- 
 ploded blasts left by his shift, for the 
 purpose of making them safe for the next 
 shift, and, on his return to his tent after 
 performing this necessary duty, was shot by 
 a mine watchman, it is held that his injury 
 grew out of and occurred in the course of 
 his employment. — Atolia Mining Co. v. In- 
 dustrial Accident Commission, 175 Cal. 691, 
 692, 167 Pac. 148. 
 
 450. Traveling salesman on trip — Injury 
 at hotel after end of day's work. — Where a 
 traveling salesman on a trip in his employ- 
 ment, was injured while entering the wash- 
 room in his hotel after concluding his work 
 for the day, it was held that the injury did 
 not arise out of or in the course of his em- 
 ployment. — Peterson v. Arnstein, etc., Co., 
 4 I. A. C. Dec. 85. 
 
 451. Fireman taking rock from loaded 
 car to bed furnace. — The act of a fireman 
 in taking rock used to bed his furnace, from 
 loaded cars, outside of his expressed and 
 usual duties, for purposes of preventing de- 
 lay and inconvenience in firing the furnace, 
 was held under the circumstances of the 
 emergency to be reasonable and proper 
 within the course of his employment. — Hunt 
 V. Southern Pacific Co., 4 I. A. C. Dec. 107. 
 
 452. Mine truck driver — Adding side 
 boards to truck. — Where a truck driver at 
 a copper mine was injured while using a 
 ripsaw in the company's sawmill for the 
 purpose of cutting material for side boards 
 to his truck to enable him to haul a larger 
 quantity of lumber, and he had been in- 
 structed prior to the accident to use or 
 assist in using such saws, and no objection 
 was made to the use upon that occasion by 
 the sawyer in charge, it was held that the 
 injury arose while such person was acting 
 within the scope of his employment, and 
 the evidence was sufficient to sustain the 
 award. — Calaveras Copper Co. v. Industrial 
 Accident Commission (Cal. App.) 6 I. A. C. 
 Dec. 243 (Jordan v. Calaveras Copper Co., 6 
 I. A. C. Dec. 193). 
 
 453. Attempting rescue of child In dan- 
 gcp- — Where the essential question was 
 whether the employee was injured in the 
 course of his employment, and it was shown 
 that the injury was received while the em- 
 ployee was engaged in stabling a team of 
 horses for his employer, by being struck by 
 an automobile accidentally backed upon him 
 by an officer of the employer, who was there 
 on the employer's business, and while in 
 the act of attempting to rescue a child in 
 danger of being run over by the automobile, 
 tlie failure of the commission to give the 
 insurance carrier an opportunity to cross- 
 examine witnesses or introduce counter- 
 testimony, was without prejudice to it. 
 
 The Ocean, etc., Corporation, Limited, v. In- 
 dustrial Accident Commission, 57 Cal. Dec 
 4764, 6 I. A. C. Dec. 82.
 
 Act 2781 
 
 GI^NKRAL, LAAVS. 
 
 1C30 
 
 454. Teamster at inuni<'ipal Ti-oodyard — 
 Performance of service ordered by superin- 
 tendent. — A teamster employed at a munici- 
 pal woodyard, the object of the establish- 
 ment of which was the relief of indigrent 
 persons, was entitled to compensation from 
 the municipality for an injury received 
 while on his way, in compliance with the 
 orders of the superintendent of the yard, 
 to make the household effects of an indi- 
 gent family. — Oakland v. Industrial Acci- 
 dent Commission, 35 Cal. App. 484, 170 Pac. 
 430, 4 I. A. C. Dec. 363 (Norton v. Oakland, 
 4 I. A. C. Dec. 231). 
 
 455. Hotel chamliermnid — Cleaning light 
 well. — An injury received by a chamber- 
 maid while eng-ag-ed in cleaning- a light 
 well, which was no part of her duties, and 
 which she voluntarily assumed to perform 
 in the absence of her employer and with 
 out the employer's knowledge or sanction, is 
 not an injury arising out of and in the 
 course of her employment, even though the 
 attempted duty was done from the view- 
 point of loyalty to the employer's interest. 
 — Williamson v. Industrial Accident Com- 
 mission, 177 Cal. 715, 171 Pac. 797, 5 I. A. C. 
 Dec. 60 (Landis v. Williamson, 4 I. A. C. 
 Dec. 204. 
 
 456. Ranch hand, after finishing work, 
 on trip to town to assist forman to get 
 other workmen. — Where a ranch hand, after 
 finishing his Sunday work, accompanied the 
 foreman on a trip to town to get other 
 workmen, although he went for his own 
 pleasure and would have performed other 
 services at the ranch that evening had he 
 remained, and his injury was occasioned by 
 cranking the foreman's automobile in town, 
 it was held that since the ranch hand was 
 actually assisting the foreman in a service 
 in line with the duties of his employment, 
 he was acting within the course of his em- 
 ployment. — Crawford v. Jones, etc., Co., 4 
 I. A. C. Dec. 180. 
 
 457. Caring for horses on employer's 
 ranch after end of day's work — Employment 
 by day. — Where a teamster who was em- 
 ployed with a team for a per diem wage, 
 and the keep of his horses on his employ- 
 er's ranch, was injured while caring for the 
 horses after the close of the day's work, it 
 was held that the injury was non-com- 
 pensable, on the ground that the employ- 
 ment ended at the termination of the day's 
 work, and the act of caring for the horses 
 therefore were personal to the applicant 
 and the injury not sustained in course of 
 employment. — Roux v. Batcher, 5 I. A. C. 
 Dec. 113. 
 
 458. ITnusual employment — Laborer 
 shoveling gravel — Driving gravel teams. — 
 Under the act of 1913 an injury received by 
 a person employed as a laborer to shovel 
 gravel, while driving a team hauling a 
 gravel wagon under a temporary exchange 
 of places between him and the teamster, is 
 not an injury arising out of the course of 
 his employment. — County of Modoc v. In- 
 dustrial Accident Commission. 32 Cal. App. 
 548, 163 Pac. 685, 4 I. A. C. Dec. 25 (Lytle v. 
 County of Modoc, 3 I. A. C. Dec. 382). 
 
 459. Chanffenr of taxieab shot by Intoxi- 
 cated passenger. — A chauffeur employed by 
 a taxicab company who was shot by a pas- 
 senger whom he had taken, together with 
 a woman, to a roadhouse, while the passen- 
 ger was intoxicated, was held to have sus- 
 tained the injury in his employment and 
 was entitled to compensation. — Harvey v. 
 O'Neil, 5 I. A. C. Dec. 28. 
 
 460. Secretary of garage corporation — 
 Injury on way to inspect land proposed in 
 exchange for garage business. — Where the 
 secretary of a garage corporation was in- 
 jured by an automobile accident while en- 
 gaged in inspecting farm land for which it 
 was proposed to exchange the garage busi- 
 ness it was held that the injury was sus- 
 tained while rendering services incidental 
 to the employment, that the employment at 
 the time of the injury was neither casual 
 or outside of the usual course of the em- 
 ployee's business and that it was not farm 
 repair. — Evans v. Bay Cities, etc.. Corpora- 
 tion, 5 I. A. C. Dec. 122. 
 
 461. "Dump tender" or "ice pulSer," in- 
 jured by fall from floor to ■*vhich he had not 
 been assigned. — Where a "dump tender" or 
 "ice puller" for an ice and cold storage 
 company was injured by a fall from one of 
 the upper floors of the building down the 
 elevator shaft to the basement, it was held 
 that the injury was not sustained in the 
 course of his employment, he not leaving 
 been expressly assigned to duty which 
 would take him on the upper floor. — Cas- 
 ualty Company v. Industrial Accident Com- 
 mission, 54 Cal. Dec. 599, 4 I. A. C. Dec. 
 340. 
 
 463. Stevedore on employer's premises — 
 Chopping wood to keep warm. — Where a 
 stevedore sustained an injury on the prem- 
 ises of the company while chopping fire- 
 wood with which to keep warm during a 
 temporary cessation of labor because of 
 rain, no provision being customarily made 
 by the employers for shelter as part of their 
 wages, it was held that said injury did not 
 occur in the course of employment of the 
 applicant. — Peters v. Schirmer, etc., Co., 4 
 I. A. C. Dec. 134. 
 
 463. Xight v^'atchman — Injured while 
 using circular sa^v. — An award of compen- 
 sation made by the commission to a night 
 watchman for an injury received while 
 using a circular saw for the purpose of 
 making a board of suitable length to bar- 
 ricade a door of the premises which he was 
 employed to watch is unwarranted, as the 
 resort to the use of the saw was beyond 
 the scope of his employment, and not a re- 
 sort to reasonable means for the purpose of 
 securing the end intended. — Brusster v. In- 
 dustrial Accident Commission, 35 Cal. App. 
 81, 169 Pac. 258, 4 I. A. C. Dec. 327 (Caspar 
 v. Brewster, Jr., 4 I. A. C. Dec. 240). 
 
 464. Employee stopping to light ciga- 
 rette — Accidental gunshot. — Where an em- 
 ployee went to the bunkhouse and procured 
 some nails and matches and he stopped for 
 a moment outside the bunkhouse to light a 
 cigarette and was shot in the leg as a re- 
 sult of the accidental discharge of a gun
 
 1631 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 which was being cleaned by a fellow em- 
 ployee, It was held that he was injured in 
 the course of the employment. — Padrino v. 
 Shedd, 4 I. A. C. Dec. 350. 
 
 465. Motion picture actors racing horses 
 to corral. — It was held in the present case 
 that a fourteen-year-old Mexican boy em- 
 ployed by a motion picture company was 
 injured while racing his horse to a corral, 
 that said employee w^as acting within the 
 course of his employ and said injury arose 
 out of said employment. — Villaneva v. Fox 
 Film Co., 4 I. A. C. Dec. 191. 
 
 466. Driver of street flushing vehicle- 
 Fall from same. — The driver of a street 
 flushing vehicle is entitled to compensation 
 for an injury sustained by falling from the 
 vehicle while in the act of attempting to 
 prevent a wrench from falling from the 
 footboard into the street, although, at the 
 time of the accident he had permitted an- 
 other person to run the truck, while he was 
 manipulating the lever to discharge the 
 water. — Employer's, etc., Co. v. Industrial 
 Accident Commission, 36 Cal. App. 568, 177 
 Pac. 171, 5 I. A. C. Dec. 79. 
 
 467. Surveyor — In.«*pection and consulta- 
 tion. — A surveyor in the present case was 
 held to have been injured in the course of 
 liis employment, the act of inspection and 
 consultation being within the general scope 
 of the duties of a surveyor in such circum- 
 stances. — Brackins v. Trinity, etc., Co., 3 
 I. A. C. Dec. 22. 
 
 467a. Employment of special oflicer as 
 «-atchnian. — Where a private company or 
 individual employs a watchman or special 
 oflicer, and in making the selection delib- 
 erately chooses an officer of the law, in 
 order to take advantage of his authority, 
 and such officer performs acts advantageous 
 to and expressly or impliedly directed by 
 the employer, which happen, at the same 
 time, to be acts which would be his official 
 duty to perform, such employee is acting 
 within the course of his employment within 
 the meaning of the proviso of section 8(a) 
 of the act. — Engels, etc., Co. v. Industrial 
 Accident Commission, 58 Cal. Dec. 411, 8 
 A. L. R. 187, 185 Pac. 182, 6 I. A. C. Dec. 206. 
 
 468. Going to aid of felloTv -worlcman in 
 dangerous situation. — An employee who 
 comes to the aid of a fellow workman in a 
 da,ngerous situation is in the course of his 
 employer's business. — United States, etc., 
 Co. V. Industrial Accident Commission, 174 
 Cal. 616, 163 Pac. 1013, 4 I. A. C. Dec. 79 
 (Maffia V. Aquilino, 3 I. A. C. Dec. 15; Za- 
 notti V. Aquilino, 3 I. A. C. Dec. 53). 
 
 469. Nursing influenza patients, outside 
 employment, -w'ith employer's consent. — 
 Where an employee, by way of special serv- 
 ice outside his regular employment, with 
 his employer's consent, attended influenza 
 patients in his employer's hospital, and con- 
 tracted the disease, his services as such 
 attendant were within the scope of his em- 
 ployment and the disease was an injury 
 which, because of special exposure beyond 
 the commonalty, arose out of and was 
 proximately caused by the employment. — 
 
 Hebstock v. Engels, etc., Co., 6 I. A. C. Dec. 
 146. 
 
 470. Voluntary services — Services outside 
 of employment, performed at employer's re- 
 quest. — An injury sustained by an employee 
 in the performance of services outside his 
 duties, voluntary in nature, is not an injury 
 suffered in the course of the employment, 
 but where a safety engineer at a mine was 
 directed by the superintendent to assist in 
 caring for influenza patients, his services 
 were not voluntary, though exceptional, 
 and were in the actual scope of his employ- 
 ment because rendered in response to the 
 company's direction, and his disability from 
 heart disease, due to contracting influenza, 
 was compensable. — Engels, etc., Co. v. In- 
 dustrial Accident Commission, (Cal.) 192 
 Pac. 845. 
 
 See, also, San Francisco v. Industrial Ac- 
 cident Commission, (Cal.) 191 Pac. 26. 
 
 471. Employee, paid full salary, serving 
 the government voluntarily. — An employee, 
 paid full salary, while serving the govern- 
 ment, with employer's consent, but not by 
 its direction, and injured While so engaged, 
 was not injured in the course of his em- 
 ployment, and his employer was not liable 
 for compensation. — Lord v. Goodyear, etc., 
 Co., 6 I. A. C. Dec. 148. 
 
 472. Voluntary service — Assistance to 
 person injured by employer's train. — A clerk 
 in the freight auditing department of a 
 railroad company was not performing a 
 service growing out of or incidental to his 
 employment when he, voluntarily and with- 
 out orders, alighted from a train of the 
 company to render assistance to a person 
 injured by the train, and was killed while 
 attempting to reboard the train, notwith- 
 standing the fact tliat he was traveling in 
 the performance of his duty as such clerk, 
 the rules of the company not requiring him 
 to render assistance in such a case, but on 
 the contrary, confined that duty to the con- 
 ductor and brakemen. — Northwestern Pa- 
 cific Co. v. Industrial Accident Commission, 
 174 Cal. 297, L. R. A. 1918A, 286, 163 Pac. 
 1001. 
 
 473. Service volunteered — Acquiesced in 
 by employer. — An employee, who, for his 
 own pleasure, actually renders a service for 
 his employer in line with the duties of his 
 employment at his own request or sugges- 
 tion and with the acquiescence of his em- 
 ployer, is acting within the course of his 
 employment. — Crawford v. Jones, etc., Co., 4 
 I. A. C. Dec. 180. 
 
 474. Voluntary service T%'ith employer's 
 acquiescence — Motive immaterial. — The mo- 
 tive of an employee for rendering voluntary 
 service is immaterial where employer ac' 
 quiesces. — Crawford v. Jones, etc., Co., 4 
 I. A. C. Dec. ISO. 
 
 475. Employee at home, compelled to go 
 to employer's place of business to open safe 
 for robbers. — Where an employee, entrusted 
 with the combination and a key to the inner 
 door of his employer's safe, was killed by 
 a robber, prompted by a desire to rob the 
 safe, and because of the employee's inabil- 
 ity or unwillingness to assist him with his
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1G32 
 
 knowledge of the combination and use of 
 the key, he was held to have been killed in 
 the course of his employment, although not 
 during the hours of duty and not on the 
 premises at the time. — Smith v. German- 
 town Rochdale Co., 5 I. A. C. Dec. 25. 
 
 c. Proarimately caused by employment. 
 
 •176. Inpxplninrd dpiith — Absence of evl- 
 Oence to coiitrnry — I'rcNiiiiiption. — In the 
 
 absence of evidence to the contrary, an un- 
 explained death of an employee, occurring 
 under tlie circumstances of this case, is 
 presumed to have arisen out of and to have 
 been proximately caused by the employment 
 and is therefore compensable. — Fahey v. 
 Woodward, etc., Co., 6 I. A. C. Dec. 216. 
 
 477. lOnipIoyed in violation of la^v^^Injury 
 to Mixteen-year-old l>«>y. — Where a foreman 
 erroneously, but not wilfully, employed a 
 sixteen-year-old boy to operate a tin press- 
 ing machine, in violation of the child labor 
 law of 1917, an injury resulting from an 
 accident in operating such machine, was 
 held not to have been caused by such viola- 
 tion of the law. — Lundgren v. Hammer- 
 Bray Co., 6 I. A. C. Dec. 17. 
 
 478. Actinomycosis followins eniploy- 
 meut in Krain mill. — Xn award of the com- 
 mission to an employee of a grain and mill- 
 ing company for an affliction of the nose 
 and mouth (actinomycosis), claimed to have 
 been contracted while employed in the work 
 of grinding and sacking wheat and barley 
 for feed, and while actively engaged in 
 filling sacks from the spout of the grinding 
 mill, is held to have been properly made 
 wliere it is shown by expert evidence that 
 such disease could be conveyed by grain 
 to the human organism, and by the testi- 
 mony of the employee himself that he had 
 not theretofore suffered from any such dis- 
 order. — Hartford, etc., Co. v. Industrial Ac- 
 cident Commission, 32 Cal. App. 481, 163 
 Pac. 225. 4 I. A. C. Dec. 1 (Burris v. Per- 
 kins, 3 I. A. C. Dec. 465). 
 
 479. Apoplexy follo'»vius quickly injuries 
 to left hip and elbow from fall. — Where a 
 teamster suffered severe injuries to his left 
 elbow and hip from a fall from his wagon 
 and suffered about three hours afterwards 
 an apoplectic stroke resulting in paralysis, 
 it was held that under the circumstances 
 the injury was the proximate cause of the 
 entire disability. — Selaya v. Ruthven & Cer- 
 rano, 5 I. A. C. Dec. 238. 
 
 480. Acute bronchitis followlns injury to 
 chest. — Where an employee sustained an in- 
 jury to his chest and two days afterwards 
 was found to be suffering from acute bron- 
 chitis, and medical opinion was to the effect 
 that bronchitis is not a direct result of 
 trauma but may be a secondary effect pro- 
 duced by the lowering of vitality caused by 
 trauma, it was held that the connection be- 
 tween the injury and the bronchitis was 
 too indirect and uncertain to warrant a 
 finding that the bronchitis was proximately 
 caused by the injury. — Vieira v. California, 
 etc.. Co., 4 I. A. C. Dec. 87. 
 
 481. Hysterical blindness following elec- 
 tric flash. — It was held in the present case 
 
 that hysterical blindness which followed 
 an electric flash, was not proximately 
 caused by and did not arise out of the em- 
 ployment. — Embee v. Western, etc., Co., 4 
 I. A. C. Dec. 279. 
 
 4S2. Dementia praecox can not be caused 
 by a fracture of the ri^ht tibia. — It was 
 held that dementia praecox can not be 
 caused or precipitated by trauma and that 
 this type of insanity following a fracture 
 of the right tibia was not caused by the 
 accident. — Oliver v. Birdsall, 5 I. A. C. Dec. 
 193. 
 
 483. Dislocation of knee cartilage from- 
 distinct trauma. — A recurrence of a dislo- 
 cation of cartilage of knee following a dis- 
 tinct trauma is compensable. — Saunders v. 
 Northwestern, etc., Co., 6 I. A. C. Dec. 222. 
 
 484. Duodenal aflfectlon following blo^v. — 
 Where an - employee in good health and 
 without signs of stomach or duodenal trou- 
 ble received a blow in that region, and at 
 once was affected with pains and continu- 
 ous disability, the blow being sufficient to 
 cause internal injuries and two months 
 later his ailment was diagnosed as duodenal 
 ulcer, but its previous existence was only 
 conjectural, or if it existed at the time of 
 the accident, was dormant, and that it 
 would have become acute by reason of the 
 blow, it was found that the disability would 
 not have been sustained but for the acci- 
 dent, and that it was proximately caused 
 thereby. — Snyder v. Pacific, etc., Co., 3 
 I. A. C. Dec. 1. 
 
 485. Fainting: spell— Distinguished from 
 nellis V. Doan, 4 I. A. C. Dec. 340.— Fainting 
 spell, resulting in injury, distinguished 
 from the case of Bellis v. Doan, 4 I. A. C. 
 Dec. 340, in that the circumstances do not 
 show that the applicant's work in the 
 course of his employment was sufficient to 
 be considered as the proximate cause of the 
 fainting flt and resulting injury. — Baker v. 
 Sloane, 6 I. A. C. Dec. 1. 
 
 48fi. Fall down stairs — Apoplexy. — In 
 this case it was held that the injury and 
 death of the employee was caused by an 
 accidental fall down a flight of stairs at 
 the place of employment and not because of 
 an attack of apoplexy, and that the death 
 rose out of and was proximately caused by 
 the employment. — Henna v. Coppa's Red 
 Paint Restaurant, 6 I. A. C. Dec. 33. 
 
 487. Death from rupture of right ven- 
 tricle follo^ving fall from ladder. — Where 
 upon a proceeding to review an award of 
 the commission for the death of a painter, 
 the only point made in opposition to the 
 award was that the fracture of the pelvic 
 bone which the deceased sustained from a 
 fall from a ladder was the proximate cause 
 of death, but the immediate cause of 
 death was a small rupture of the right ven- 
 tricle of the heart and there is substantial 
 testimony justifying the inference that the 
 fall was the cause of the death, the award 
 must be affirmed. — Santa v. Industrial Ac- 
 cident Commis.'^ion, 175 Cal. 235, 165 Pac. 
 689, 4 I. A. C. Dec. 169 (Cordova v. Santa, 3 
 I. A. C. Dec. 180). 
 
 488. Hernia resulting; from constant
 
 1633 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 hea^T lifting. — Hernia gradually produced 
 by constant heavy lifting in an employment 
 as a concrete laborer requiring such lifting 
 is compensable. — Andersen v. Healy Tib- 
 bitts, etc., Co., 6 I. A. C. Dec. 222. 
 
 488. Death from tubercular pneumonia 
 folloning- operation for hernia. — Death from 
 tubercular pneumonia, following an opera- 
 tion for hernia, incurred in employment, 
 held compensable. — Cox v. California, etc., 
 Co., 5 I. A. C. Dec. 10. 
 
 490. Lobar pneumonia follo^'ing bruise 
 on left side betTt'een louver ribs and hip 
 bone. — Lobar pneumonia, from which death 
 resulted, held not to have been proximately 
 caused by an injury from a bruise on the 
 left side midway between the hip bone and 
 the lower ribs. — Durnford v. Moore Ship- 
 building Co., 6 I. A. C. Dec. 41. 
 
 491. Manic depressive insanity — Blow on 
 head. — Employee's injury held under the 
 circumstances shown, to have caused manic 
 depressive insanity precipitated by a blow 
 on the head. — Aetna, etc., Co. v. Burgner, 6 
 I. A. C. Dec. 20. 
 
 492. Malposition of bone after fracture 
 of leg. — It was held in the present case, 
 where a disability resulting from the mal- 
 position of a bone after fracture of the leg 
 in the course of employment, was proxi- 
 mately caused by the original injury. — Sil- 
 veira v. Grayson, etc., Co., 4 I. A. C. Dec. 
 229. 
 
 493. Osteoarthritis follo^ving .sprain of 
 back, hips and leg. — Where a piano re- 
 pairer sprained his back, hips and left leg 
 and felt a sudden pain but continued to 
 work for two weeks and was then dis- 
 abled from a condition of osteoarthritis for 
 six weeks, after which his disability ceased 
 and he returned to work, and he had suf- 
 fered no such disability theretofore, it was 
 held that said disability was proximately 
 caused by said injury. — Thomas v. Eiler's 
 Music Co., 4 I. A. C. Dec. 212. 
 
 494. Pemphigus — Skin disease following 
 cut of hand of butcher. — Where a butcher 
 cut his hand while working on the carcass 
 of a sheep in a slaughter house and he 
 thereafter suffered a skin disease and the 
 medical testimony was to the effect that the 
 symptoms manifested thereby were char- 
 acteristic of pemphigus, it was held that 
 naid disease was proximately caused by and 
 arose out of employment. — Guihan v. Fagan, 
 4 I. A. C. Dec. 289. 
 
 495. Death from pneumonia follo'v\-ing 
 injury to head. — Fatal pneumonia suffered 
 by an employee when recovering from an 
 injury to the head, held not to have been 
 caused by the injury. — Meyer v. Los An- 
 geles. 6 I. A. C. Dec. 235. 
 
 496. Prolapsus uteri following lifting of 
 heavy bundle. — Where a woman employed 
 as a sleeve-setter, at the time of lifting a 
 bundle weighing fifty pounds experienced 
 an abdominal pain which subsequent medi- 
 cal examination disclosed to be the result 
 of prolapsus uteri, disabling her after two 
 weeks of further work and the evidence 
 showed that malposition of the uterus must 
 have antedated the pain though unknown to 
 
 Gen. Laws— 103 
 
 the employer and that but for the strain 
 of said lifting she would have been able to 
 continue with her work indefinitely though 
 w^ithout a strain she was likely to have be- 
 come disabled at some time, it was held 
 that the disability was proximately caused 
 out of the lifting and arose out of the em- 
 ployment. — Bart V. Cohn Goldwater Co., 5 
 I. A. C. Dec. 241. 
 
 497. Pulmonary pneumonia ten days 
 after injury to arm. — It was held that death 
 from pulmonary tuberculosis ten days after 
 an injury to an arm, was not proximately 
 caused by the injury nor by the employ- 
 ment, and was not compensable. — Scott v. 
 Birch Oil Co., 5.1. A. C. Dec. 197. 
 
 498. Tachycardia and hyperthyroidism — 
 Vibrations of air drill against chest. — It is 
 held that tachycardia and hyperthyroidism 
 did not result from the vibrations of an air 
 drill against an employee's breast. — Ellis v. 
 Los Angeles, etc.. Co.. 6 I. A. C. Dec. 266. 
 
 499. Tonsilitis and diabetes following 
 blow on abdomen. — Where a boilermaker 
 was struck in the abdomen and three weeks 
 thereafter suffered tonsilitis. and shortly 
 thereafter he was found to be suffering 
 from diabetes, it was held that the evidence 
 was insufficient to show that said tonsilitis 
 and diabetes were proximately caused by 
 said injury or arose out of said employment. 
 — Williams v. California, etc.. Works. 4 
 I. A. C. Dec. 202. 
 
 500. Disability characteristic of injury 
 and specific disease. — Where an employee 
 sustained an injury to his head and there- 
 after suffered symptoms characteristic of 
 both such an injury and a specific disease, 
 and the results of the injury could be com- 
 plicated and the disability increased by such 
 disease but the injury itself could not pre- 
 cipitate such acute symptoms and it was 
 doubtful whether the employee had such 
 disease and he was able to do hard work, 
 it was held that the whole diflficulty was 
 proximately caused by the injury. — Wilson 
 V. Mesmer & Rice, 4 I. A. C. Dec. 139. 
 
 501. Disability due partly to injury and 
 partly to pre-existing disease. — Where a 
 disability is due partly to an injury re- 
 ceived by the employee and in part to pre- 
 existing osteoarthritis, it is held that the 
 disability due to the osteoarthritis was non- 
 compensable. — Porter v. Morse, 4 I. A. C. 
 Dec. 199. 
 
 503. Existing disability is accepted by 
 emi>loyer. — An employer accepts an em- 
 ployee subject to a physical disability exist- 
 ing at the time the latter entered his em- 
 ploy, and an injury sustained because of 
 such existing disability is nevertheless 
 compensable. — Phillips v. Southern Califor- 
 nia Edison Co., 6 I. A. C. Dec. 237. 
 
 503. Disability aggravated by specific 
 disease. — Where an injury is sufficient to 
 produce symptoms similar to those which 
 follow the Injury but such symptoms are 
 aggravated to a comparatively slight de- 
 gree by a previous existing specific disease, 
 the whole condition is proximately caused 
 by the injury unless the injury merely pre- 
 cipitated an acute exacerbation of such dis-
 
 Art 2781 
 
 GENERAL LAWS. 
 
 1034 
 
 ease. — Wilson v. Mesmer & Rice, 4 I. A. C. 
 Dec. 139. 
 
 504. Impelua to pre-exintlnK ditteaae 
 Kivrn by Injury. — Where a carpenter suf- 
 fered from dizziness and headaches and died 
 of softening of the brain soon after or 
 within a short time after a fall from a 
 scaffold, It was held that In view of the 
 testimony of brain and medical witnesses 
 that while the ailment would have ulti- 
 mately caused death, the injury would prob- 
 ably not have proved fatal except for the 
 impetus given to the pre-existing injury to 
 the brain. It was held that the death was 
 proximately caused by the injury. — Perry 
 V. Brown, 4 I. A. C. Dec. 163. 
 
 no.*;. OnteoarthrltU nnd arteriosclerosis 
 IlKhted up by blow. — Where a painter had 
 ihronic osteoarthritis and arteriosclerosis, 
 which, however, were causing him no dis- 
 ability, and he fell and sustained a blow on 
 the foot which lighted up the osteo- 
 arthritis in his foot and caused a disability, 
 it was held that the whole of said dis- 
 ability was proximately caused by said in- 
 jury and was compensable. — Williamson v. 
 Shell Co., 4 I. A. C. Dec. 222. 
 
 506. Sarcoma following: trauma. — It was 
 held in the present case that a sarcoma was 
 a subsequent acceleration or a.sjgravation of 
 the same, which followed trauma, and was 
 proximately caused by the injury. — Villa v. 
 Santa Ana Sugar Co., 4 1. A. C. Dec. 147. 
 
 507. Pre-existinj? disease — Disability 
 prolonged by. — Although the employer takes 
 the employee subject to his physical con- 
 dition at the time of entering the employ- 
 ment, more serious disabilities proximately 
 caused by a specific disease are to be dis- 
 tinguished from ordinary disabilities which 
 are prolonged by the disease but which, 
 without the injury to precipitate them, 
 would not have been caused by the specific 
 disease. — Peterson v. Bristol, etc., Co., 4 
 I. A. C. Dec. 122. 
 
 508. Pre-exiNtin;; disease — Prolongation 
 of disability due to injury. — Where a cook 
 sustained an injury to his knee, which was 
 diagnosed as a chronic synovitis, and the 
 disability was prolonged by a pre-existing 
 condition of syphilis which could be cured 
 in about two months by appropriate treat- 
 ment. It was held that the whole disabil- 
 ity was proximately caused by the injury 
 and that the cook was entitled to anti- 
 syphilltlc treatment by his employer. — 
 Peterson v. Bristol Bay Packing Co., 4 
 I. A. C. Dec. 122. 
 
 508a. Same — Increase of hernia. — Where 
 an applicant had had a hernia for several 
 years, which occasionally descended, and 
 which he reduced by himself, and for which 
 he wore a truss, felt a slight sensation 
 without violent symptoms on lifting a 
 heavy article at his work, and upon re- 
 moving his truss that night the hernial 
 mass descended to a greater extent than 
 f^ver before and strangulated, the increased 
 hernia constituted a compensable injury. — 
 Heinz v. State Compensation Insurance 
 Fund, 6 I. A. C. Dec. 74. 
 
 500. I're-existing chronic arthritis of 
 flneer Joints and Dupuytren's contraction of 
 both palms — SliKht injury to finger. — Where 
 an employee when he was hired by his em- 
 ployer was suffering from chronic arthritis 
 of his finger joints and a Dupuytren's con- 
 traction of both palms, and he sustained a 
 slight Injury to his finger, which became 
 Infected, and was treated by his employer's 
 physician, and was restored to the physical 
 condition In which he was before his injury. 
 It was held that the employer was not liable 
 on account of the employee's previous con- 
 dition. — Landrath v. Mountain Copper Co., 
 4 I. A. C. Dec. 112. 
 
 510. Partial deafness rendered serioas by 
 blow on nose. — Where an employee already 
 affected with partial deafness was struck 
 on the nose by a twenty-five-pound chair, 
 while unloading a truck, which did not 
 knock him down, render him unconscious, 
 or cause his nose to bleed, but was followed 
 almost immediately by serious deafness. It 
 was held that there was no causal connec- 
 tion between the blow and the increased 
 deafness. — Hampton v. U. C. Express Co., 5 
 I. A. C. Dec. 31. 
 
 510a. Pre - existing systemic affection 
 causing severe headaches accentuated by 
 injury to head. — Where an employee sus- 
 tained an injury to his head, which set 
 into a disabling form a pre-existing sys- 
 temic infection causing severe headaches, 
 it was held that the disability was caused 
 by the injury, recovery having ensued as a 
 result of rest from labor, in accordance with 
 the advice of a physician. — Prazler v. Uni- 
 versal, etc., Co., 5 I. A. C. Dec. 179. 
 
 511. Acute glancoma caused, and loss of 
 vision from pre-existing chronic glaucoma 
 hastened, by blow on heart. — It was held in 
 the present case that acute glaucoma was 
 proximately caused and loss of vision pre- 
 cipitated a hastening from pre-existing 
 chronic glaucoma of the progressive type, 
 by a blow on the head. — Cousins v. Hanlon, 
 4 I. A. C. Dec. 97. 
 
 512. Rupture of aortic aneurysm from 
 normal and usual exertion^Pre-existing 
 condition. — Where the death of an employee 
 was caused by the rupture of an aortic 
 aneurysm while he ■was undergoing a nor- 
 mal and usual exertion in his occupation, 
 which he had followed for many years, and 
 the evidence showed that the aneurysm had 
 been progressing for a year and a half and 
 was the result of disease and likely to rup- 
 ture at any time. It was held that the death 
 was not proximately caused by and did not 
 arise out of the employment. — Anderson v. 
 De Paoll, 4 I, A. C. Dec. 82. 
 
 513. Death from pre-existing heart trou- 
 ble following slight injuries. — Death from 
 pre-existing heart trouble after slight in- 
 juries held not to have been proximately 
 caused by the injuries. — Bollinger v. Pacific, 
 etc., Co., 5 T. A. C. Dec. 14. 
 
 .114. Increase of hernia following bloisv 
 in groin. — A considerable and disabling in- 
 ciea.'ie in the size of a hernia, following a 
 
 ■si 
 
 J
 
 •633 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 ■jIow in the groin, held to be compensable. — 
 Wardwell v. Ekwood Lumber Co., 6 I. A. C. 
 Dec. 52. 
 
 515. Depressive InsanitTt follovrin^ In- 
 jury and previons predisposition. — Where 
 an employee was severely burned about the 
 neck, back and arms while in the course of 
 his employment and thereafter a mental de- 
 rangement was noted and upon becoming 
 progressively worse he was legally ad- 
 mitted to a state hospital for the insane 
 and it was found that the mental derange- 
 ment was of the type entitled manic depres- 
 sive insanity and that it resulted from the 
 injury, it appearing that the enaployee was 
 predisposed to this kind of mental trouble 
 and no other conditions were shown which 
 would precipitate the derangement inde- 
 pendently of the accident, it was held that 
 the disability was produced by the injury. 
 — Garat v. Pacific, etc., Co., 5 I. A. C. Dec. 
 181. 
 
 516. Recnrring: displacement of semi- 
 lunar cartilaj?e resnltins from primary in- 
 .iury to knee. — Under the circumstances of 
 the present case, it w^as held that the re- 
 curring displacement of the semi-lunar car- 
 tilage resulted from the primary injury to 
 the knee, and that the employer was liable 
 for disabilities resulting from such recur- 
 rence. — Schultz v. Schmidt, etc., Co., 5 
 I. A. C. Dec. 191. 
 
 517. Rupture of pre-existing pancreatic 
 cyst from fall. — Where a pancreatic cyst, 
 which might ultimately have ruptured with- 
 out trauma at some indefinite time but 
 which could be absorbed by natural means 
 and might never rupture, was ruptured as 
 the result of a fall, it was held that the 
 employer takes the employee subject to his 
 condition at the time of entering the em- 
 ployment, and that the disability was 
 proximately caused by and arose out of the 
 employment. — Rategan v. Bates, 4 I. A. C. 
 Dec. 78. 
 
 51S. Sarcoma lighted up by injury. — It 
 was held in this case, wliere pre-existing 
 sarcoma was lighted up by an injury sus- 
 tained by an employee, and thereafter such 
 employee died from sarcoma throughout the 
 body, due to metastasis, tliat the death of 
 the employee was proximately caused by 
 the injury. — Schneider v. Norton, 4 I, A. C. 
 Dec. 332. 
 
 519. Exacerbation of pre-existing lung 
 disease from inhalation of dust. — Bronchitis 
 resulting from a diseased condition of the 
 lungs, exacerbated by inhalation of dust 
 while at work, held to have been caused 
 by the employment. — Deichen v. Acme, etc., 
 Co., 5 I. A. C. Dec. 91. 
 
 520. Tubercular affection exacerbated by 
 chest injury. — In a case where an employee 
 sustained a chest injury and was disabled 
 by a tubercular affection of the lungs, it 
 was held that the chest injury exacerbated 
 the pre-existing lung affection, and com- 
 pensation was awarded. — Moore, etc., Co. v. 
 Marks, 6 I. A. C. Dec. 245. 
 
 521. Exacerbation of pre-existing pul- 
 monary tuberculosis from severe strain. — 
 .\ stevedore employed by a lumber company 
 
 experienced exacerbation of pre-existing 
 pulmonary tuberculosis following a severe 
 strain in handling a piece of lumber, and 
 it was held that the disability was a proxi- 
 mate result of the injury. — Mendoes v. E. K. 
 Wood, etc., Co., 6 I. A. C. Dec. 191. 
 
 522. Death from pre-existing tumor, fol- 
 lowing injury. — The death of an employee 
 from a tumor, previously existing, shortly 
 after receiving an injury, was held to have 
 been proximately caused by the tumor and 
 not the injury. — Brady v. Standard Oil Co., 
 6 I. A. C. Dec. 105. 
 
 523. Dilation of saphenous vein-^Pre- 
 existing varicosity. — Notwithstanding pre- 
 existing varicosity, a dilation of the sa- 
 phenous vein, produced by a strain while 
 engaged in his work, constituted a specific 
 injury w^hich arose out of and was proxi- 
 mately caused by an employment as a 
 bolter-up in a construction plant. — Duvel v. 
 Union Construction Co., 6 I. A. C. Dec. 150. 
 
 524. Pre-existing disability — Secondary 
 disability from sliglit injury. — Disability 
 may be properly ascribed to a pre-existing 
 condition or ailment if the injury is slight. 
 — Snyder v. Pacific, etc., Co., 3 I. A. C. 
 Dec. 1. 
 
 525. Second injury — Proximate and natu- 
 ral result of original injury. — A second or 
 subsequently occurring injury may, under 
 some circumstances, be the natural and 
 proximate result of the original injury, and 
 not due to an intervening cause, and when 
 such is the case an award may be made by 
 the commission as compensation for the 
 further disability arising from such second 
 or subsequent injury. — Head Drilling Co. v. 
 Industrial Accident Commission, 177 Cal. 
 194, 196, 170 Pac. 157. 
 
 526. Whether a second or subsequent in- 
 jury is the proximate result of the original 
 injury, or of an independent intervening 
 cause, is a question of fact for the deter- 
 mination of the commission, and its conclu- 
 sion must be sustained if supported by any 
 evidence to justify it on any reasonable 
 theory. — Head Drilling Co. v. Industrial Ac- 
 cident Commission, 177 Cal. 194, 198, 170 
 Pac. 157. 
 
 527. Second injury ^vhile recovering from 
 original injury. — Where an employee sus- 
 tained a spiral fracture of the leg, and three 
 days after his discharge from the hospital 
 sustained a second injury, causing a dis- 
 placement of the bones, from the accidental 
 striking of the heel of the foot of the in- 
 jured limb against the pedestal of a table 
 or chair to prevent himself from falling, 
 such second injury is an injury proximately 
 and naturally resulting from the original 
 injury and warranting further compensa- 
 tion under the act. — Head Drilling Co. v. 
 Industrial Accident Commission, 177 Cal. 
 194, 170 Pac. 157, 5 I. A. C. Dec. 1 (Scott v. 
 Head Drilling Co., 4 I. A. C. Dec. 9). 
 
 527a. Additional injury not in course of 
 original employuient, and not aggravating 
 first injury. — Where an employee has sus- 
 tained an injury by accident arising out of 
 and in the course of the employment, the 
 commission is not authorized by the act to
 
 Act 27 fit 
 
 GGNKRAI. I,A\VS. 
 
 HVM 
 
 award him compensation for an additional 
 Injury sustained by him afterward, not in 
 the course o( his emplo.\nient, by an acci- 
 d'-nt or act which agpravated the first in- 
 jury and prolonps the disability. — Pacific 
 Coast Casualty Co. v. Pillsbury, 171 Cal. 
 319. 321, 153 Pac. 24. 
 
 H'2H. $>rcondar>- diHalillity — Blood polson- 
 inir. foIlM^vlnie nn nrcldentnl altrnnion of the 
 ■kin .sufTi-rod in tlie cour.se of the employ- 
 ment by an employee, held to be an injury 
 of which the accident was the proximate 
 cause within the meaning of tlie workmen's 
 compensation act. — Great Western Power 
 Co. V. Pillsbury, 171 Cal. 69, U R. A. 1916A, 
 281. 151 Pac. 1136. 
 
 H2y. Same-^Seoond frnoture of lej?, before 
 oomplptp recovery from the flrnt. — Where 
 an employee sustained a fracture of the leg 
 and about seven weeks later was discharged 
 from the hospital with his leg still in a 
 cast and three days thereafter sustained a 
 triflingr blow upon the heel of the injured 
 leg:, and a few days later was found to have 
 sustained a separation of the fragments of 
 the bone which prolonged his disability, and 
 the evidence showed that such displacement 
 could have occurred spontaneously or as a 
 result of the blow on the heel, and was rea- 
 sonably to be expected and was natural con- 
 sidering the character of the fracture, and 
 there was no evidence of any independent 
 intervening cause, it was held that the re- 
 sulting further disability was proximately 
 caused by the original injury. — Scott v. 
 Head Drilling Co., 4 I. A. C. Dec. 9. 
 
 nSO. Sprain of ankle one year after ori- 
 ginal Injury. — A sprain of an ankle, occur- 
 ring over one year after injury to foot, was 
 held under the circumstances of the present 
 case to have been due to the original Injury. 
 — Noren v. Palace Hotel Co., 5 I. A. C. Dec. 
 190. 
 
 Ti'.M. Sunburn ivlille under>;uini; treatment 
 — I'rolonKation of diMnltiiity. — A burn from 
 an intentional exposure of the Injured part 
 to sun's rays during medical care, thereby 
 prolonging disability, is not an independent 
 intervening cause of disability, but where 
 the prolongation of the disability was from 
 that cause or mere conjecture, it was held 
 that the whole period of disability was com- 
 pensable. — De Barrows v. Bethlehem Ship- 
 building Corporation. 5 I. A. C. Dec. 220. 
 
 Ttim. OHtronrthritlM from dental nbHoennen 
 — I'rolonKod Inactivity fncitlenlnl to treat- 
 ment for hernia caumed by Injiir.v. — -Osteoar- 
 tliritls, due primarily to absce.s.ues in the 
 teeth and connected with the injury only 
 through prolonged Inactivity incidental to 
 treatment for the hernia caused by the in- 
 jury, held not to be compensable. — Ander- 
 son V. Moore Shipbuilding Co., 6 I. A. C. Dec. 
 122. 
 
 nnn. Death from operation folloirlni; nec- 
 ond injury reHultine from obeyinK the doc- 
 tor'* direetionn. — Where an employee sus- 
 tained a second injury while obeying the 
 doctor's instructions to exercise his leg, 
 broken In the first, and died as a result of 
 an operation necessitated by such second in- 
 jury, it was held that the second injury and 
 
 death arose from the condition produced by 
 the first Injury, and the commission was au- 
 thorized to award compensation for such 
 second injury and death. — Shell Co. v. In- 
 dustrial Accident Commission, 36 Cal. App. 
 463, 172 Pac. 611. 
 
 r>:t.'{n. lOryNlpelan of foot reHultiiiK from 
 laocrntion of jjreat toe. — Erysipelas of foot 
 resulting from laceration of great toe in 
 course of employment, and transferred to 
 face, causing death, held to be compensable. 
 — Caffrey v. Bethlehem Shipbuilding Cor- 
 poration, 6 I. A. C. Dec. 63. 
 
 {W4. Death from facial erytiipelaii — In- 
 Jury to toe tvhieh became infected. — Where 
 death occurred from a facial infection fol- 
 lowing an Injury to one of employee's toes 
 which became infected, the cammission 
 properly found that the death was proxi- 
 mately caused by the original injury, upon 
 expert testimony that the germs causing 
 the facial infection were carried to the face 
 by external means. — Bethlehem, etc., Co. v. 
 Industrial Accident Commission, 58 Cal. 
 Dec. 421, 7 A. L. R. 1180, 185 Pac. 179, 6 
 I. A. C. Dec. 211 (Caffrey v. Bethlehem, etc., 
 Co., 6 I. A. C. Dec. 63). 
 
 5.34a. Same— Chain of cauMation. — The 
 fact that infecting germs reached the face 
 from the toe by external means can not, as 
 matter of law, be said to have broken the 
 chain of causation. — Bethlehem, etc., Co. v. 
 Industrial Accident Commission, 58 Cal. 
 Dec. 421, 185 Pac. 179, 7 A. L. R. 1180, 6 
 I. A. C. Dec. 211 (Coffrey v. Bethlehem, etc., 
 Co.. 6 I. A. C. Dec. 63). 
 
 ,'t.'{5. Death reNUItlngr from operation 
 after Neeond injury. — Compensation is prop- 
 erly awarded to the dependents of a de- 
 ceased employee who met his death from 
 heart failure from an accumulation of gas 
 in the stomach after a surgical operation 
 required to adjust a second fracture of the 
 leg, occurring while exercising for a first 
 fracture received in the course of the em- 
 ployment. — Shell Co. v. Industrial Accident 
 Commission, 36 Cal. App. 463, 172 Pac. 611. 
 5 I. A. C. Dec. 50. 
 
 .VtO. Continuance of disability — Death 
 follo^'^lngr second operation. — It was held in 
 this case that the evidence supported a find- 
 ing of the commission that "a slight dis- 
 ability consisting of said sinus and hernia 
 was present continually from the date of 
 the first operation until the date of the sec- 
 ond operation," notwithstanding evidence 
 that he returned to work and there were no 
 visible signs of continuing trouble with tli'j 
 surgical wound, and that he believed him- 
 self to be cured. — Western Indemnity Co. v. 
 Industrial Accident Commission, 54 Cal. Dec. 
 787, 4 I. A. C. Dec. 376 (Henne v. Hjul, 3 
 I. A. C. Dec. 433). 
 
 .%.3fta. Contlnuini; dln:il)llity — Unreanon- 
 able refusal of niedlcal treatment. — Where 
 an insurance carrier furnished hospital 
 treatment to an applicant for the cure of 
 a sacroiliac slip and traumatic neurosis, anl 
 said applicant, over protest of the attend- 
 ing physician, discontinued said treatment 
 and left the hospital, it was held that the 
 applicant's refusal to continue said treat-
 
 J 037 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 merit was unreasonable and proximately 
 caused any disability suffered by him after 
 he left the hospital and that said insurance 
 carrier was not liable for further indemnity 
 payments or medi«el treatment thereafter, 
 — Porter v. Morse, 4 I. A. C. Dec. 355. 
 
 536b. Negrlect or refusal of employee to 
 procure or submit to medical treatment. — 
 Where the neglect or refusal of the em- 
 ployee to demand or obtain medical treat- 
 ment caused what might result in a slight 
 disability to become a serious disability, it 
 was held that the rights of the employer 
 were defined in section 16(e) of the act, 
 rather than section 20, and it will be held 
 in such action that the prolonged disability 
 was not proximately caused by the injury, 
 but by a new cause of disability. — Telford 
 V. Healy-Tibbitts Construction Co., 3 I. A. C. 
 Dec. 41. 
 
 VII. Conditions Avoiding Liability fob 
 Compensation. 
 1. Excluded employments, a. In general. 
 
 537. Test of excluded employment. 
 
 538. Gamekeeper. 
 
 539. Propagation of trout for domestic 
 
 purposes. 
 
 6. Domestic service. 
 
 540. Personal attendant tipon adult in- 
 
 competent. 
 
 541. Housemaid in sanitarium. 
 
 542. Lodging house keeping. 
 
 c. Farm labor. 
 543, 543a. Test of farm labor. 
 
 544. Classification of farm employees 
 
 does not make some of them 
 artisans. 
 
 545. Carpenter repairing barn. 
 
 546. Carpenter — Erection of private resi- 
 
 dence for president of corpora- 
 tion engaged in farming. 
 
 547. Kanch carpenter. 
 
 548. Building fence between county 
 
 highway and farm. 
 
 549. Carpenter killed while building silo. 
 
 550. Carpenter constructing ranch build- 
 
 ing. 
 
 551. Farm traction engine operator's 
 
 helper. 
 
 552. Eepair of farm implements. 
 
 553. Repairing farm machinery in a 
 
 shop devoted to that purpose. 
 
 554. Cutting up firewood for summer 
 
 resort and vineyard. 
 
 555. Constructing tunnel between two 
 
 wells supplying a farm. 
 
 556. Building a road through a farm. 
 
 557. Chauffeur driving farm automobile. 
 
 558. Ranch hand injured while unload- 
 
 ing hay. 
 
 d. Horticulture. 
 
 559. One employed as a gardener and 
 
 janitor at a school house. 
 
 560. Janitor and gardener injured while 
 
 pruning tree. 
 
 561. Laborer employed to cut and de- 
 
 liver evergreens. 
 
 562. Nurseryman and gardener. 
 
 563. Pruning fig tree. 
 
 e. Casual and not in usual course of em- 
 ployer's business, 
 
 564. Scope of § 14. 
 
 565. Act of 1917 — State of law prior to 
 
 enactment. 
 
 566. Same — Scope of act. 
 
 667. "Casual," meaning as used in act 
 of 1913. 
 
 568. Casual employment — Test of. 
 568a. Casual employment. 
 
 569. Same— Employment for a month 
 
 not casual. 
 
 570. Same — Small job incident of whole 
 
 work. 
 
 571. Usual course of employer's busi- 
 
 ness — Test of. 
 
 572. Same — Repair of farmer's barn. 
 
 573. Assisting chambermaid — Occasional 
 
 work — Lodging house proprietor. 
 
 574. Building silos — Dairy ranch. 
 
 575. Blasting out former foundations of 
 
 irrigating tanks in cemetery — 
 Cemetery company. 
 
 576. Foreman of building construction, 
 
 involving several months regular 
 and recurring labor. 
 
 577. Cleaning out cellar of restaurant. 
 
 578. Erection of dwelling house, by day 
 
 labor. 
 
 579. Fighting fire. Six hours' employ- 
 
 ment. 
 
 580. House cleaning — Sea,mstress. 
 
 581. Improving property for chicken 
 
 ranch — Saloon keeper. 
 
 582. Person casually employed to load 
 
 grain. 
 
 583. Loading grain in an emergency — 
 
 Buyer and shipper of grain. 
 
 584. Nurse attendant on incompetent 
 
 person — G uardian . 
 
 585. Moving house for renting purposes 
 
 — Retired capitalist. 
 585a. Painting dwelling house, by job, 
 employer furnishing materials. 
 
 586. Plastering house, for sale by owner, 
 
 a housewife. 
 
 587. Removal of shelving from store — 
 
 Four days ' work. 
 
 588. Renting of four small houses^ 
 
 Housewife. 
 
 589. Repair of private property of stock- 
 
 ht)lder of company — Laundry 
 company. 
 
 590. Repairing farm traction engine — 
 
 Machinist employed by the day. 
 
 591. Repairing clam shell dredge — Con- 
 
 tractor leasing road making ma- 
 chinery. 
 
 592. Repairing property rented regularly 
 
 and paying income. 
 
 593. Repair of water heater in hotel. 
 
 594. Roustabout laborer of motion pic- 
 
 ture company — Rodeo show for 
 benefit of Red Cross. 
 
 595. Setting well house on grounds of 
 
 country school — School district. 
 
 596. Transporting former employee to 
 
 her home, at employer's request. 
 
 S. Serious and wilful misconduct of employee. 
 
 597. "Wilful misconduct" more than 
 
 mere negligence.
 
 Act 2781 
 
 GKNBRAL LAWS. 
 
 598. Not a defense to a dependeut'a 
 
 claim. 
 
 599. ' ' Wilful misconduct ' ' — Meaning of 
 
 phrase. 
 
 600. Driving automobile at illegal speed. 
 
 601. Violation of blasting permit. 
 
 602. Attempt of fifteen-year-old boy to 
 
 oil moving machinery while in 
 motion. 
 603, 604. Removing obstruction from moving 
 machinery. 
 
 605. Minor attempting to wipe machin- 
 
 ery while in motion. 
 
 606. Wiping part of machinery in mo- 
 
 tion. 
 
 607. Opei-ation of freight elevator in 
 
 violation of orders. 
 
 608. Serious and wilful misconduct of 
 
 employee in disobeying an order 
 of his employer and placing him- 
 self deliberately in a place of 
 serious danger. 
 
 609. Removing safety guard. 
 
 610. Brakeman using foot to align 
 
 draw bar in making coupling. 
 
 611. Electric lineman — Failure to use 
 
 safety belt, in violation of rule. 
 
 612. Failure to display warning signals 
 
 on car in violation -of orders. 
 
 613. No apparent need for a violation of 
 
 rule. 
 
 614. Violation of safety rule of the 
 
 commission. 
 
 615. Deviation from specified route to 
 
 take a more dangerous one. 
 
 616. Failure to observe safety ruling. 
 
 617. Deliberate and intentional failure 
 
 to comply with safety rule. 
 
 618. Violation of rule not known to 
 
 employee. 
 
 619. Failure to obey rules — Knowledge 
 
 of rules. 
 
 620. Failure to understand order. 
 
 621. Violation of order not intended or 
 
 understood as safety order. 
 622, 623. Returning to wrecked steamer in 
 disobedience of captain 's orders. 
 
 624. Entering empty wine tank without 
 
 testing the atmospheric condi- 
 tions. 
 
 625. Same — Never informed as to dan- 
 
 ger. 
 
 626. Same — Violation of long established 
 
 custom not formulated into a 
 rule. 
 
 627. Same — Same — Knowledge of cus- 
 
 tom. 
 627a. Same — Attempt to save life of fel- 
 low employee. 
 
 628. Involuntary violation of safety 
 
 order. 
 
 629. Inadvertent failure to comply with 
 
 order. 
 
 630. Conduct due to inadvertence and 
 
 inattention. 
 
 631. Exposure to specified danger in dis- 
 
 regard of warning. 
 
 632. Acts not in violation of order and 
 
 not inherently wilful misconduct. 
 
 633. Foolhardy act of seventeen-year-old 
 
 boy. 
 
 634. Jumping from automobile just be- 
 
 fore collision with train. 
 
 635. Driving automobile with which em- 
 
 ployee had no experience. 
 
 636. Use by a truck driver of a circular 
 
 saw without permission. 
 
 637. Leaving vessel by jumping across 
 
 space of three and a half feet 
 to dock, instead of using gang- 
 plank. 
 
 638. Use of unfamiliar machinery with- 
 
 out permission, by boy of 
 eighteen. 
 
 639. Act of mine employee not wilful 
 
 misconduct. 
 
 640. Gamekeeper's acts not wilful mis- 
 
 conduct. 
 
 641. Use of unfamiliar tool without per- 
 
 mission. 
 
 642. Occupying place on deck of barge 
 
 during voyage. 
 
 1. 'Excluded employments, a. In general. 
 537. Test of excluded employment. — • 
 
 Where the nature of an employee's services 
 when injured was incidental to an excluded 
 employment, his rig-ht to compensation will 
 be determined by the latter, and not by the 
 nature of the incidental employment. — 
 George v. Wilson, 5 I. A. C. Dec. 55. 
 
 53S. A gamekeeper is not within the ex- 
 cluded employees named in section 14 of the 
 act. — O. L. Shafter Co. v. Industrial Acci- 
 dent Commission, 175 Cal. 522, 525, 166 Pac. 
 24. 
 
 53J). Propasation of trout for domestic 
 purposes. — The propag-ation of trout for do- 
 mestic purposes is not comprised either in 
 "farm labor" or "stock raising'," within the 
 meaning of the act of 1917. — Krobitzsch v. 
 Industrial Accident Commission, 58 Cal. 
 Dec. 445, 185 Dec. 396, 6 I. A. C. Dec. 218 
 (Starkey v. Krobitzsch, 6 I. A. C. Dec. 61). 
 
 6. Domestic service. 
 
 540. Personal attendant upon adult in- 
 competent. — Where a nurse was employed 
 as personal attendant upon an incompetent 
 person and lived and was employed in the 
 home of the incompetent, It was held that 
 while tlie service might be "domestic," nev- 
 ertheless such services were not household 
 services where confined to the immediate 
 nursing, feeding and caring of the patient. 
 — Brown v. Nunan, 4 I. A. C. Dec. 51. 
 
 541. Housejnaid in sanitarium. — Under 
 the act a person employed to do general 
 housework as a maid at a sanitarium, and 
 in addition attend patients, is not engaged 
 in an excepted employment, as an emiiloyee 
 "in household domestic service." — Gernhardt 
 v. Industrial Accident Commission, 30 Cal. 
 App. 129. 185 Pac. 307, 6 I. A. C. Dec. 166. 
 
 542. Liodg'ing'-house keepin.g. — The keep- 
 ing of a lodging house is a business serv- 
 ices in the course of which are neither 
 household nor domestic. — Robinson v. 
 Walker, 4 I. A. C. Dec. 93. 
 
 c. Farm lahor. 
 
 543. Test of fnrm labor. — If an employee 
 on a farm may be reasonably classified as 
 one engaged in agriculLuie, tlic employer is
 
 1G33 
 
 MASTER A>D SERVANT. 
 
 Act 2781 
 
 entitled to the exemption g-iven by the act. 
 — Miller & Lux, Inc., v. Industrial Accident 
 Commission, 179 Cal. 764, 7 A. L.. R. 1191, 
 178 Pac. 960, 6 I. A. C. Dec. 34. 
 
 543a. The question whether work of a 
 given description is farm labor is to be 
 determined by its own character and from 
 the point of view of the employee, rather 
 than the nature of the employer's business, 
 — Perry v. Johnson, 4 I. A. C. Dec. 163. 
 
 544. Classification of farm employees 
 does not make some of them artisans. — 
 Where the work of farm employees is clas- 
 sified and each is given a limited rather 
 than a diversified duty, that circumstance 
 alone will not make some of them artisans 
 rather than agriculturists. — Miller & Lux, 
 Inc., v. Industrial Accident Commission, 179 
 Cal. 764, 7 A. L. R. 1191, 178 Pac. 960, 6 
 I. A. C. Dec. 34. 
 
 545. Carpenter repairing' barn. — The 
 work of a carpenter in repairing a barn on 
 a farm, is not farm labor. — Perry v. John- 
 son, 4 I. A. C. Dec. 164. 
 
 546. Carpenter — Erection of private resi- 
 dence for president of corporation engag'ed 
 In farming:. — Where a carpenter was em- 
 ployed by the president of a corporation 
 engaged in the business of farming and 
 stock raising, to erect a private residence 
 for himself upon land owned by the cor- 
 poration, it was held tliat the carpenter was 
 not engaged in farm labor. — Hardwick v. 
 Armstrong, etc., Co., 4 I. A. C. Dec. 109. 
 
 547. Ranch carpenter. — A carpenter em- 
 ployed on a ranch to repair fences, boxes 
 and parts of the irrigation system, although 
 doing incidentally some small amount of 
 farm labor, and fatally injured while doing 
 carpenter vrork, was held, under the de- 
 cision of Miller & Lux, Inc., v. Industrial 
 Accident Commission, 179 Cal. 764, 7 A. L. R. 
 1191, 178 Pac. 960, 6 I. A. C. Dec. 34, to have 
 been engaged in farm labor and defendant 
 was discharged from liability. — Graziani v. 
 Miller & Lux, Inc., 6 I. A. C. Dec. 96. 
 
 548. Building fence bet^veen county 
 highway and farm. — The work of building 
 a fence between a farm and a county high- 
 way is farm labor, and where the employer 
 has not elected to accept the liabilities im- 
 posed by the act, the application of the car- 
 penter who builds the fence for compensa- 
 tion for an injury sustained while engaged 
 on the work was dismissed for want of 
 jurisdiction — Jenkins v. Rhinehart, 6 
 I. A. C. Dec. 180. 
 
 549. Carpenter killed while building 
 silo.^ — In the case of a carpenter, killed 
 while building a silo on a dairy farm, it 
 was held that the evidence was sufficient 
 to show that the dairy firm, being engaged 
 in a business expressly exempted from the 
 provisions of the act, elected, as it waa 
 permitted to do, to bring itself under the 
 provisions of the act. — Globe, etc., Co. v. In- 
 dustrial Accident Commission, (Cal. App.) 
 187 Pac. 452. 6 I. A. C. Dec. 262. 
 
 550. Carpenter constructing ranch build- 
 ing. — A carpenter engaged in the construc- 
 tion of a building on a ranch is not doing 
 farm labor within the meaning of section 14 
 
 of the act of 1913. — Miller & Lux v. Indus- 
 trial Accident Commission, 32 Cal. App. 250, 
 162 Pac. 651. 
 
 551. Farm traction engine operator's 
 helper. — A person is "engaged in general 
 farm work, excluding the operation of farm 
 machinery" who sustains an injury resulting 
 in death, by being struck by a bar attached 
 to a disk harrow, being operated in the 
 night time by an engine, where the de- 
 ceased was not operating the engine or har- 
 row, but was standing in the field using a 
 lantern to guide such operation. — Maryland 
 Casualty Co. v. Industrial Accident Commis- 
 sion, 178 Cal. 491, 493, 173 Pac. 993. 
 
 552. Repair of farm implements. — An 
 employee in a farm labor shop exclusively 
 devoted to the repair of farm implements 
 but doing exclusively mechanical work, was 
 held to be not engaged in farm labor and 
 not engaged in an excluded employment 
 under the act. — Pish v. Miller & Lux, Inc., 
 5 1. A. C. Dec. 160. 
 
 553. Repairing farm machinery In a shop 
 devoted to that purpose. — The repairing of 
 farm machinery on a farm, in a shop de- 
 voted to such repairs, is an agricultural 
 pursuit, and is excluded by section 14 of 
 the act. — Miller & Lux, Inc., v. Industrial 
 Accident Commission, 179 Cal. 764, 7 A. L. R. 
 1191, 178 Pac. 960, 6 L A. C. Dec. 34. 
 
 554. Cutting up fire^'ood for summer re- 
 sort and vineyard. — Where a general farm 
 hand lost the sight of an eye from a flying 
 wedge which he had been driving into a 
 stump, such stump being cut up for fire- 
 wood to be used in a mountain summer re- 
 sort and vineyard, the duties of such em- 
 ployee being to cut wood, and such general 
 work as was required about a country re- 
 sort and vineyard, it was held that such 
 employee at the time of his injury was en- 
 gaged in farm labor. — Boschetti v. Lecas & 
 Fomparon, 3 I. A. C. Dec. 39. 
 
 SS.^. Constructing tunnel between two 
 wells supplying a farm. — A laborer engaged 
 in constructing a tunnel connecting two 
 wells supplying water for the farm prem- 
 ises of the employers, was engaged in farm 
 labor, and his fatal injury while so engaged 
 was excluded from the benefits of the act. 
 — Montgomery v. Pruner, 6 I. A. C. Dec. 234. 
 
 556. Building a road through a farm is 
 held to constitute farm labor, and is within 
 the excluded employment. — Pearson v. 
 Crandall, 6 I. A. C. Dec. 259. 
 
 557. Chauffeur driving farm automobile. 
 — An automobile driver performing service 
 in driving the automobile to and from the 
 farm in performing errands in connection 
 with the work of the farm, held to be en- 
 gaged In general farm work, and commis- 
 sion has no jurisdiction to award compen- 
 sation. — Kyser v. Oussani, 6 I. A. C. Dec. 
 148. 
 
 S.'iS. Ranch hand injured while unloading 
 hay. — Where a farmer, in order to supply 
 deficiency in the amount of hay contracted 
 to the United States government, purchased 
 hay, and a ranch hand employed by him was 
 injured while unloading the hay so pur- 
 chased, it was held that at the time of sucli
 
 Act '27SI 
 
 GENERAL. LAWS. 
 
 1040 
 
 injury the said ranch hand was engaged in 
 farm labor. — Bingham v. Smith. 4 I. A. C. 
 Dec. 106. 
 
 d. Horticulture. 
 
 .wn. One employed as a piirdener and 
 Janitor nt a neliool houne is not entitled to 
 compensation under the act for an injury 
 .sustained while cutting off the stump of a 
 large limb of an acacia tree projecting over 
 the roof of the school house, for the pur- 
 pose of removing an unsightly condition 
 < reated thereby. — George v. Industrial Acci- 
 dent Commission. 178 Cal. 733, 174 Pac. 653 
 (George v. Wilson, 5 I. A. C. Dec. 55). 
 
 R61. Laborer employed to cut and de- 
 liver evergreen*. — A laborer employed to 
 cut and deliver evergreens for a decoration 
 company was engaged in a trade ©r busi- 
 ness distinct and separate from horticul- 
 tural labor. — Pelletti v. Western Evergreen 
 Co., 4 I. A. C. Dec. 304. 
 
 .•M12. Nurseryman and gardener. — An em- 
 ployee worl<ing as a nurseryman an.l gar- 
 dener in setting out trees and plants for the 
 embellishment of a townsite is engaged in 
 horticultural labor and is not entitled to 
 compensation for an injury sustained while 
 so employed. — Ruprecht v. Dominguez Land 
 Co., 3 I. A. C. Dec. 5. 
 
 See, also. P. P. I. B. Co. v. Hooper, 1 
 I. A. C. Dec. 430. 
 
 503. Pruning flg tree. — An employee do- 
 ing work both as janitor and gardener was 
 not entitled to compensation for an injury 
 incurred while he was pruning a fig tree. — 
 Kramer v. Industrial Accident Commission. 
 31 Cal. App. 673, 161 Pac. 278. 
 
 e. Ca.stial and not in tisual course of em- 
 ployer's business. 
 
 .'•04. Scope of section 14. — Section 14 does 
 not except employments that are casual 
 simply, but those that are botli casual and 
 not in the usual course of the business. — 
 Walker v. Industrial Accident Commission, 
 177 Cal. 737, 739, L. R. A. 1918F, 212, 171 
 Pac. 954. 
 
 r,(ir>. Act ot 1917 — State of law prior to 
 enactment. — Prior to the act of 1917, an em- 
 ployee must be injured in the usual course 
 of the employer's business, to entitle him 
 to compensation. — Carter v. Industrial Acci- 
 dent Commission, 34 Cal. App. 739, 168 Pac. 
 1065. 
 
 566. Same — Scope of act. — The act of 
 1917, in defining "trade, business, profes- 
 sion, or occupation," did not extend the 
 ordinary definition of those words appli- 
 cable to "trade or business," but was in- 
 tended to have a clarifying effect only upon 
 the terms of the original enactment. — 
 Lauzier v. Industrial Accident Commission, 
 30 Cal. App. Dec. 284, 185 Pac. 870, 6 I. A. C. 
 Dec. 194 (Wilson v. Lauzier, 6 I. A. C. Dec. 
 97. 
 
 567. "Casnal" — Meaning? an used In act 
 of 1013. — "Casual" as used In the act of 
 1913 means something which comes without 
 regularity, and is occasional and incidental, 
 and its antonyms are "regular." "system- 
 atic," "periodic," "certain." — Blood v. Indus- 
 
 trial Accident Commission, 30 Cal. App. 274. 
 157 Pac. 1140. 
 
 66S. Casual employment — Test of. — In 
 
 this proceeding the commission maintained 
 its rule expressed in several preceding de- 
 cisions, that employment lasting longer 
 than one week should not be considered 
 casual. — Ravenscroft v. Packard, 3 I. A. C. 
 Dec. 24. 
 
 50Na. Casual employment — Employment 
 for a job, existing over a substantial num- 
 ber of weeks is not casual. — Perry v. John- 
 son, 4 I. A. C. Dec. 163. 
 
 500. Same — Employment for a Btonth not 
 casual. — Where a carpenter was employed 
 for a job which lasted for a month before 
 his injury and several weeks after, it was 
 held that his employment was not casual. — 
 Perry v. Johnson, 4 I. A. C. Dec. 163. 
 
 570. Same — Small joli incident of whole 
 work. — A small job, not separate but a part 
 of whole work is not casual. — Smith v. 
 Smyth, 5 I. A. C. Dec. 94. 
 
 571. Usual course of employer's business 
 — Test of. — Employment though intermit- 
 tent is not necessarily casual, and wliere 
 the service covers the normal operations 
 which form part of the ordinary business 
 carried on, and does not include incidental 
 and occasional operations having for the 
 purpose the preservation of the premises or 
 the appliances used in the business, it is 
 within the purview of the act. — Walker v. 
 Industrial Accident Commission, 177 Cal. 
 737, 739, L. R. A. 1918F, 212, 171 Pac. 954. 
 
 572. Same — Repair of farmer's barn. — 
 The repair of a barn on a farm where the 
 farmer housed his live stock and stored his 
 crop of grain, was held to be an employ- 
 ment in the usual course of the farmer's 
 business. — Perry v. Johnson, 4 I. A. C. Dec. 
 163. 
 
 573. Assi.<4ting clinmbermaid — Occasional 
 work^I^odging hou.se proprietor. — A person 
 occasionally employed to assist the cham- 
 bermaid in a lodging house in keeping the 
 rooms and hallways in a state of cleanli- 
 ness and good order, and whose work was 
 taking up carpets and matting, and clean- 
 ing walls, transoms, w^indows and curtains, 
 is an employment in the usual course of the 
 business of the employer within the mean- 
 ing of section 14 of the act. — Walker v. In- 
 dustrial Accident Commission, 177 Cal. 737, 
 L. R. A. 1918F, 212, 171 Pac. 954. 5 I. A. C. 
 Dec. 63 (Robinson v. Walker, 4 I. A. C. 
 Dec. 93). 
 
 574. Building sllos — Dairy ranch. — Silos 
 for the storing of feed for dairy cows are 
 essential to the business of a dairy farm. A 
 carpenter who was fatally injured by the 
 giving way of a scaffold while building a 
 silo, the property of the dairy firm by whom 
 he was employed, was held to have been 
 killed in the employment in the regular 
 course of business of his employers. — Globe, 
 etc., Co. V. Industrial Accident Commission, 
 (Cal. App.) 187 Pac. 452, 6 I. A. C. Dec. 262. 
 
 575. Blasting out former foundations of 
 irricrnting tanks in cemetery — Cemetery com- 
 pany. — The employment by a corporation 
 engaged in cemetery work of a person
 
 1641 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 skilled In the work of blasting and in the 
 use of explosives used in the conduct of 
 blasting operations to remove from the 
 cemetery property, in that manner, certain 
 concrete foundations which had formerly 
 supported some discarded water tanks once 
 used in connection with irrigation, is in the 
 ordinary course of business. — Rosedale, etc., 
 Association v. Industrial Accident Commis- 
 sion, 37 Cal. App. 706, 174 Pac. 351, 5 I. A. C. 
 Dec. 148. 
 
 576. Foreman of building construction, 
 involving several months' regular and re- 
 curring labor. — ^The employment of a car- 
 penter to act as foreman over a number of 
 other carpenters over building construction 
 involving several months' regular and re- 
 curring labor, is not casual, but one in the 
 usual course of the trade, profession or oc- 
 cupation of his employer, under the act. — 
 Miller & Lux v. Industrial Accident Com- 
 mission, 32 Cal. App. 250, 162 Pac. 651. 
 
 577. Cleaning out cellar of restaurant. — 
 A person employed to clean out the cellar 
 of a restaurant, the work consuming three 
 days, was held to be casually employed, but 
 that it was in the usual course of the busi- 
 ness of the resident, and such person is not 
 excluded from the benefits of the act. — Mc- 
 Dermott v. Fanning, 3 I. A. C. Dec. 14. 
 
 578. Erection of dwelling house by day 
 labor — Three months' employment. — A car- 
 penter employed to work on day wages in 
 the erection of a dwelling house to be oc- 
 cupied by the employer and his family, who, 
 after having been so employed for about 
 three months, and while engaged in work 
 on the employer's house, sustains injuries, 
 is entitled to compensation, since his em- 
 ployment is neither casual nor out of the 
 usual course of the employer's business, 
 notwithstanding the employment was not 
 in the usual course of the trade, business, 
 profession or occupation of the employer. — 
 Armstrong v. Industrial Accident Commis- 
 sion, 36 Cal. App. 1, 171 Pac. 321, 5 I. A. C. 
 Dec. 8 (Hardwick v. Armstrong, 4 I. A. C. 
 Dec. 109). 
 
 579. Fighting fire — Six hours employ- 
 ment. — A person employed for six hours 
 in fighting a fire, and paid for that time 
 and that service, was a casual employee, and 
 his service not in the usual course of the 
 trade, business, profession, or occupation 
 of his employer, within the meaning of sec- 
 tion 14 of the act. — London, etc., Co. v. In- 
 dustrial Accident Commission, 173 Cal. 642, 
 644, 161 Pac. 2. 
 
 5S0. House cleaning — Seamstress — A 
 housecleaner employed by a seamstress em- 
 ployed as the manager of an apartment, is 
 held to be a casual employee and the em- 
 ployment not in the usual course of business 
 of employer. — Lyman v. Lobre, 5 I. A. C. 
 Dec. 46. 
 
 581. Improving property for chicken 
 ranch Saloonkeeper. — A saloonkeeper, im- 
 proving property on which to raise chick- 
 ens, undertakes a "business" for the pur- 
 poses of the act. — Smith v. Smyth, 5 I. A. C. 
 Dec. 94. 
 
 552. Person casually employed to load 
 grain. — A person casually employed by a 
 purchaser and shipper of grain to load some 
 grain on cars, which the sellers had not 
 been able to load at the time of Its delivery, 
 was not entitled, under the acts prior to 
 that of 1917, to compensation for an injury 
 sustained while so engaged, it being cus- 
 tomary for the seller to load the grain, and 
 it not being in the usual course of employ- 
 er's business to do so. — Carter v. Industrial 
 Accident Commission, 34 Cal. App. 73J, 168 
 Pac. 1065. 
 
 553. lioading grain in an emergenc/.— 
 Buyer and shipper of grain. — Under the act 
 of 1913 prior to the amendment of 1917, a 
 person employed by a buyer and shipper of 
 grain in an emergency to load some grain 
 on to cars, is not entitled to an award of 
 compensation for injuries sustained, where 
 it is shown that it was the general custom 
 of the community for the sellers to load 
 the grain and that loading grain was not 
 within the usual course of the employer's 
 business. — Carter v. Industrial Accident 
 Commission, 34 Cal. App. 739, 168 Pac. 1065. 
 4 I. A. C. Dec. 301 (Ladd v. Carter, 4 I. A. C. 
 Dec. 84). 
 
 584. Nurse attendant on incompetent ward 
 — Guardian. — Where a priest is the guardian 
 of the person of an adult incompetent and 
 employs a nurse to attend such incompetent, 
 it was held that under the act service as 
 guardian is a "business" and furnishing 
 and supervising of attendance upon such in- 
 competent ward is the essential and con- 
 tinuous and therefore "usual" feature of 
 such business and that the employment of 
 a nurse for such attendance is within the 
 usual course of such business. — Brown v. 
 Nunan, 4 I. A. C. Dec. 51. 
 
 585. Moving house for renting purposes^ 
 Retired capitalist. — Where a retired capi- 
 talist, who had several pieces of property 
 which he rented, employed a laborer to 
 move a house with the intention of miking 
 it into a dwelling house to be rented, and 
 the work of moving the building was ac- 
 complished in ten days it was held that the 
 employment of the laborer was both casual 
 and not in the usual course of the business 
 of the employer. — Soberanes v. Morasci, 4 
 I. A. C. Dec. 352. 
 
 SS.'a. Painting dwelling house, by job, 
 employer furnishing materials. — -The act of 
 1913 does not include casual employees 
 within its benefits, and one who is employed 
 to put two coats of paint on the house of 
 his employer, the latter to furnish paint 
 and painting materials and the wages to 
 be a per diem for no definite period, the 
 understanding being that the job would 
 take about two weeks, was a casual em- 
 ployee and not entitled to compensation for 
 an injury sustained during the first day's 
 employment. — Blood v. Industrial Accident 
 Commission, 30 Cal. App. 274, 157 Pac. 1140. 
 5S6. Plastering house for sale by owner 
 A housewife. — The employment of a plas- 
 terer to do plastering work on a new resi- 
 dential building- being constructed for 
 eventual sale by a housewife on a l^t owned
 
 Act 2781 
 
 GENERAL. LA\% S. 
 
 1G12 
 
 by her, is not casual, since it is in pur- 
 suance of a deliberate and desigrned under- 
 taking which necessarily involves the per- 
 formance of the work. — Coghlan v. Schut, 4 
 I. A. C. Dec. 67. 
 
 587. Removal of shelving from store — 
 Four days' work. — A carpenter employed by 
 a merchant to remove the shelving from an 
 old store, the job lasting about four days, 
 was held to be a casual employee, and not 
 employed in the usual course of the em- 
 ployer's business, and was excluded from 
 compensation for an injury sustained while 
 so employed by section 14 of the act. — Sut- 
 ton v. Rabinowitz, 5 I. A. C. Dec. 29. 
 
 5SS. Rentins of four small houses — 
 Housewife. — The renting of four small 
 houses for residence purposes does not con- 
 stitute a "business" within the meaning of 
 the act. — Lauzier v. Industrial Accident 
 Commission, 30 Cal. App. Dec. 284, 185 Pac. 
 870, 6 I. A. C. Dec. 194, (Wilson v. Lauzier, 
 6 I. A. C. Dec. 97). 
 
 5S9. Repair of private property of stock- 
 holder of company — I/aundry company. — An 
 assistant to a carpenter sent by a laundry 
 company to repair private property of a 
 stockholder, was killed while doing a par- 
 ticular piece of repair work; held, the em- 
 ployment was both casual and not in the 
 usual course of the employer's business, and 
 the company was not liable for compensa- 
 tion under the act. — La Grande Laundry 
 Co. v. Pillsbury, 173 Cal. 777, 779, 161 Pac. 
 988. 
 
 590. RepairinK farm traction engine- 
 Machinist employed by the day. — A machin- 
 ist engaged to repair a traction engine be- 
 longing to and used by a farmer for farm 
 purposes, employed by the day for the time 
 necessary for the particular work of re- 
 pairing the machine, is an employee whose 
 employment is both casual and outside the 
 usual course of his employer's business 
 within section 14 of the act, and he is not 
 entitled to compensation for an injury sus- 
 tained while so employed. — -Maryland Cas- 
 ualty Co. v. Pillsbury, 172 Cal. 748, 749, 158 
 Pac. 1031. 
 
 591. Repairing: clam shell dredgre — Con- 
 tractor leasing road making machinery. — A 
 person employed by an individual engaged 
 in the business of leasing road making ma- 
 chinery, to repair a clam shell dredge which 
 the latter had acquired from a contractor 
 who had been using it in harbor work, and 
 which was in no sense road making machin- 
 ery or equipment, is an employee whose 
 employment is both casual and outside the 
 usual course of his employer's business, and 
 for an injury received while doing such 
 work he is not entitled to compensation. — 
 Stansbury v. Industrial Accident Commis- 
 sion, 36 Cal. App. 68, 171 Pac. 698, 5 I, A. C. 
 Dec. 19 (Husong v. Stansbury, 4 I. A. C. 
 Dec. 168). 
 
 593. Repairing property rented regularly 
 anrt paying income. — Where a carpenter was 
 injured while repairing property belonging 
 to his employer and rented out by and pay- 
 ing income to him with regularity, it was 
 held that the injury was sustained in the 
 
 course of the employer's business. — Fields 
 V. Wright, 5 I. A. C. Dec. 224. 
 
 593. Repair of a water heater In a hotel. 
 
 — The employment of a repair man to repair 
 a water heater in a hotel is both casual 
 and not in the usual course of the employ- 
 er's business. — Manza v. Aymard, 4 I. A. C. 
 Dec. 49. 
 
 594. Roustabout laborer of motion pic- 
 ture company — Rodeo sho>v for benefit of 
 Red Cross. — Where an applicant for com- 
 pensation was employed to serve as a 
 roustabout laborer by a motion picture com- 
 pany in the production of a rodeo show for 
 the benefit of the Red Cross fund was in- 
 jured while feeding steers which were to 
 be used the next day in the rodeo, it was 
 held that the employment was both casual 
 and not in the course of the business of his 
 employer within the meaning of section 8 of 
 the act of 1917. — Burdell v. Douglas Pair- 
 banks, etc.. Corporation, 5 I. A. C. Dec. 120. 
 
 595. Setting vrell house on grounds of 
 country school — School district. — The mov- 
 ing to and setting up of a well house on 
 the site of a new well on the grounds of a 
 country school by a carpenter is both casual 
 and not in the usual course of the business 
 of tlie school district controlling such 
 school. — Pallet v. Directors of Central 
 School, 4 I. A. C. Dec. 41. 
 
 596. Transporting former employee to 
 her home at employer's request. — The insur- 
 ance carrier is not liable for the death of a 
 chauffeur in the employ of the assured, 
 killed in an automobile collision when he 
 was engaged in transporting to her home, at 
 the request of the manager of assured, a 
 young lady formerly employed by the latter. 
 — Western, etc., Co. v. Industrial Accident 
 Commission, 30 Cal. App. Dec. 191, 185 Pac. 
 306, (Cal.) 190 Pac. 37, 6 I. A. C. Dec. 168 
 (Millard v. Kennedy, 6 I. A. C. Dec. 118). 
 
 S. Serious and nilfiil misconduct of employee. 
 
 597. "Wilful misconduct" more than mere 
 negligence. — "Wilful misconduct" involves 
 something more than negligence, and it 
 does not even include every violation of a 
 rule. — United States Fidelity & Guaranty 
 Co. v. Industrial Accident Commission, 174 
 Cal. 616, 620, 163 Pac. 1013. 
 
 598. 'Sot a defense to a dependent's claim. 
 — Under the 1917 amendments to section 6, 
 subdv. 4, the serious and ■wilful misconduct 
 of an injured employee is not a defense to 
 a dependent's claim, whatever the rule 
 might have been prior to such amendments. 
 — United States, etc., Co. v. Industrial Acci- 
 dent Co., 28 Cal. App. Dec. 157. 
 
 599. "Wilful misconduct" — Meaning of 
 phrase. — Tlie phrase "wilful misconduct" in 
 section 12(a3) of the workmen's compensa- 
 tion act means something more than negli- 
 gence — more, even, than gross negligence. — - 
 North Pacific S. S. Co. v. Industrial Acci- 
 dent Commission, 174 Cal. 600, 502, 163 Pac. 
 910. 
 
 600. Driving antomohile at Illegal speed. 
 — An employee who, in the course of his 
 employment, was killed by the overturning 
 of an automobile, which he was driving
 
 1C13 
 
 MASTER AND SERVANT. 
 
 along the public highway at an unlawful 
 rate of speed, was guilty of w^ilful miscon- 
 duct, although such speed was sanctioned 
 by his employer, and not so excessive as 
 to amount to more than ordinary negli- 
 gence. — Fidelity, etc., Co. v. Industrial Ac- 
 cident Commission, 171 Cal. 728, 730, L. R. A. 
 1916D, 903, 154 Pac. 834. 
 
 601. Violation of bla^tins permit. — The 
 violation of the terms of a permit granted 
 by a municipal corporation in using more 
 than one stick of dynamite in each blasting 
 charge is not wilful misconduct, in the ab- 
 sence of evidence that such departure from 
 the permit regulations either proximately 
 or remotely caused the injury. — Rosedale, 
 etc., Association v. Industrial Accident Com- 
 mission, 37 Cal. App. 706, 174 Pac. 351, 5 
 I. A. C. Dec. 148. 
 
 603. Attempt of flfteen-year-old boy to 
 oil moving- machinery. — A boy fifteen years 
 of age, employed as a general helper about 
 a gold dredger, is not guilty of wilful mis- 
 conduct in attempting to oil the dredging 
 machinery without waiting for the same 
 to fully stop, notwithstanding he had been 
 expressly warned not to oil the machinery 
 while same was in motion, w^here such vio- 
 lation of instructions was not done inten- 
 tionally and deliberately, but in a moment 
 of thoughtlessness and for the purpose of 
 saving time. — Diestelhorst v. Industrial Ac- 
 cident Commission, 32 Cal. App. 771, 164 
 Pac. 441, 4 I. A.. C. Dec. 55 (Bolinger v. 
 Diestell\orst, 3 I. A. C. Dec. 368). 
 
 603. Removing obstruction from moving 
 machinery. — An attempt to disentangle a 
 cloth from moving machinery with an iron 
 bar was held not, under the circumstances 
 of this case, palpably dangerous or fool- 
 hardy, and not wilful misconduct. — Pontes v. 
 Parafflne Paint Co., 5 I. A. C. Dec. 54. 
 
 604. "Where an employee of a box and 
 label company, engaged in feeding a print- 
 ing press, on a sudden impulse reached his 
 hand into the press, without stopping the 
 machinery, to remove some sheets of box 
 board that had fallen therein from the feed 
 board, he was not guilty of wilful miscon- 
 duct, although in so doing he violated a 
 rule of his employers. — Hyman, etc., Co. v. 
 Industrial Accident Commission, 180 Cal. 
 423, 181 Pac. 784 (Weiss v. Hyman, etc., Co., 
 5 I. A. C. Dec. 71). 
 
 605. Minor attempting to T^"ipe moving 
 machinery ivhilc in motion. — Where a sev- 
 enteen-year-old boy employed as a laborer 
 in machine shop was injured while thought- 
 lessly attempting to wipe off a stream of 
 grease on moving machinery without first 
 stopping the same, contrary to instructions 
 on a sign affixed to the machine, and he had 
 been given no instructions in this respect 
 by his superiors except general safety in- 
 junctions, and it does not appear that he 
 knew of the consequences likely to result 
 from disobeying the instructions on the 
 sign, it was held that he was not guilty of 
 serious and wilful misconduct. — Dean v. 
 Western Pacific Railroad Co., 5 I. A. C. 
 Dec. 245. 
 
 606. Wiping part of machine in motion. 
 
 — Where the operator of a drill was injured 
 while wiping the vertical shaft of the ma- 
 chine when in motion, and on a sudden im- 
 pulse made a dive to stop the flow of a 
 stream of grease running down the frame- 
 work, from the upper shaft, he was held 
 not guilty of w^ilful misconduct, so as to 
 bar him from the benefit of the act. — West- 
 ern Pacific Rd. Co. v. Industrial Accident 
 Commission, 180 Cal. 416, 181 Pac. 787 (Dean 
 V. Western Pacific Rd. Co., 5 I. A. C. Dec. 
 245). 
 
 607. Operation of freight elevator in vio- 
 lation of orders. — Where it was shown that 
 an errand boy, killed while ascending to 
 his place of employnnent in a freight ele- 
 vator, had been expressly warned not to 
 ride in or attempt to operate the freight 
 elevators in the building, under penalty of 
 discharge, and that similar notices were 
 posted at or near the entrances of such 
 elevators, and no notice of any disobedience 
 of this order, or any negligence from which 
 such knowledge would be chargeable, the 
 commission was without jurisdiction to 
 make an award for the death. — Pacific Coast 
 Casualty Co. v. Pillsbury, 31 Cal. App. 701, 
 162 Pac. 1040. 
 
 608. Serious and T»ilfnl mi.sconduct of 
 employee in disobeying an order of his em- 
 ployer and placing himself delil>erately in 
 a place of serious danger held to have prox- 
 imately caused his injury, and his compen- 
 sation was reduced one-half. — Lindquist v. 
 Rhoads, 6 I. A. C. Dec. 48. 
 
 600. Removing safety guard. — The re- 
 moval by an experienced laundryman, while 
 operating a wringing machine, intention- 
 ally, deliberately, and wilfully, of a safety 
 guard placed on his machine for his pro- 
 tection and to prevent accidents was an act 
 of "wilful misconduct" within the meaning 
 of section 12 (3) of the act of 1913, so as 
 to prevent an award of compensation for an 
 injury which resulted from such removal. 
 — Bay Shore, etc., Co. v. Industrial Accident 
 Commission, 36 Cal. App. 547, 172 Pac. 1128. 
 
 610. Brakeman using foot to align draw- 
 bar in making coupling. — The act of a rail- 
 road brakeman, while making a coupling, 
 in using his foot to align the drawbar, did 
 not violate a rule of the comipany amount- 
 ing to no more than a general safety rule, 
 and his act was not a deliberate and wilful 
 violation of any positive safety rule under- 
 stood and well enforced as such, and did 
 not amount to serious and wilful misconduct 
 on his part. — Harmon v. Hines, 6 I. A C. 
 Dec. 200. 
 
 611. Electric lineman — Failure to use 
 safety belt, in violation of rule. — A lineman 
 who is supposed to use a safety belt while 
 at work at the top of a pole, but who neg- 
 lects to do so, thereby violating a printed 
 rule of his employer that a safety belt 
 must be used, and it appears that the use 
 of the belt would have prevented the in- 
 jury, due to the employee being thrown to 
 the ground by an accidental jerk of the 
 pole, was held to have been guilty of wilful
 
 Act 2781 
 
 GENERAL, I^AWS. 
 
 1644 
 
 misconduct. — L-ockwood v. Pacific, etc., Co., 
 
 3 I. A. C. Dec. 26. 
 
 612. Failnre to di-xplay ^varning sigrnals 
 on ear in violation of rules of employer. — 
 
 The failure of a fireman wiio went upon a 
 car to get some rock to use in the course 
 of his employment to display thereon cer- 
 tain si.s:nals required by the rules of his 
 employer to be displayed, was not wilful 
 misconduct. — Hunt v. Southern Pacific Co., 
 
 4 I. A. C. Dec. 107. 
 
 613. IVo apparent need for a violation of 
 rule. — Where an employee engaged in ream- 
 ing saddle bolt holes in a locomotive with- 
 out putting on his goggles to protect his 
 eyes, used a chisel to remove the burrs and 
 was struck and his eye injured, it was held 
 that such voluntary act was not within the 
 support of the rule requiring the use of 
 goggles, that there was no apparent danger 
 in the act without wearing goggles, that 
 there was no deliberate violation of any 
 known safety rule and that such employee 
 was not guilty of such serious or wilful 
 misconduct. — Hogan v. Los Angeles, etc., 
 Co., 5 I. A. C. Dec. 118. 
 
 614. A'iolation of .safety rule of commis- 
 Hion. — A laundry worker who deliberately 
 and intentionally removed a safety guard 
 on a machine placed there for his protection 
 in accordance with the "laundry safety or- 
 ders" of the commission, knowing fully its 
 purpose, having been engaged in that line 
 of work for twenty years, was guilty of 
 wilful misconduct, although he did not 
 thereby violate an enforced rule or in- 
 struction of his employers. — Bay Shore, etc., 
 Co. V. Industrial Accident Commission, 36 
 Cal. App. 547, 172 Pac. 1128, 5 I. A. C. Dec. 
 75. 
 
 615. Deviation from specified route to 
 take a more dauprerons one. — Where a mes- 
 senger was instructed by his employer to 
 deliver a package as quickly as possible, 
 going and returning by a specified route, 
 and the messenger went by the designated 
 route but started to return by another which 
 was not inherently more dangerous than 
 that designated by his employer, it was 
 held that the messenger was not guilty of 
 wilful misconduct and that the injury sus- 
 tained on the return journey arose out of 
 and in course of the employment. — Phillips 
 V. Calif. Special Messenger Service, 4 I. A. C. 
 Dec. 28. 
 
 616. Failure to observe safety ruling. — 
 A machinist in a can manufactory was held 
 to have been guilty of wilful misconduct 
 when he was injured while attempting to 
 remove an obstruction from a die which he 
 was operating, without disconnecting the 
 machinery, as his employer's rules required 
 him to do. — Deak v. American Can Co., 4 
 I. A. C. Dec. 18. 
 
 617. Deliberate and Intentional failure to 
 comply with safety rule. — A brakeman who 
 neglected to use a fuse in accordance with 
 the rules of the employer, a violation of 
 which rule was punishable by dismissal, as 
 a result of which a collision occurred and 
 he was injured and it was shown that the 
 failure to use the fuse was deliberate and 
 
 intentional, was guilty of wilful miscon- 
 duct. — Throla v. Atchison, etc., Co., 4 
 I. A. C. Dec. 143. 
 
 618. \'iolation of rule not knovrn to em- 
 ployee. — The use of roller skates by a news- 
 boy in delivering papers on his route did 
 not constitute wilful misconduct, although 
 in violation of a rule of his employers, he 
 having no knowledge of such rule, and it 
 not being an unusual practice by newsboys 
 to use roller skates while engaged in de- 
 livering papers, and the use of roller skates 
 was not a hazardous and uncommon means 
 of conveyance under the circumstances. — 
 Batchelder v. Kahn, 5 I. A. C. Dec. 78. 
 
 619. Failure to obey rules — Knowledge of 
 rules. — Under section 6, subdivision 4, of 
 the act of 1917, where a machinist's helper 
 voluntarily and intentionally omitted to ob- 
 tain and use goggles, contrary to the rules 
 of the employer company, having knowl- 
 edge of such rules, and in consequence sus- 
 tained a serious injury to his eye from a 
 glancing piece of steel, the compensation he 
 would otherwise have been entitled to re- 
 cover was cut in half. — McAdoo v. Industrial 
 Accident Commission, 40 Cal. App. 570, 181 
 Pac. 400, 6 I. A. C. Dec. 58. 
 
 620. Failure to understand order. — Where 
 an employee violated an order of his fore- 
 man, not wilfully and deliberately, but be- 
 cause he did not understand it, it is held 
 that he was not guilty of wilful misconduct. 
 — Gonzales v. Mountain, etc., Co., 5 I. A. C. 
 Dec. 43. 
 
 021. Violation of order not intended or 
 uniler.stood as safety order. — It was held un- 
 der the circumstances of the present case 
 that the evidence failed to show that an or- 
 der to stop work in one part of a quarry and 
 work in another part without any reason 
 pointed out or known to the laborers, was 
 intended or understood to be a safety order, 
 or that the deceased employee knew of 
 any danger in working in the place where 
 work had been stopped and that therefore 
 he Avas not guilty of any wilful misconduct 
 which caused his death. — Leal v. Gray, 4 
 I. A. C. Dec. 218. 
 
 622. Returning to wrecked steamer in 
 disobedience of captain's order. — A second 
 officer of a steamship is not guilty of "wil- 
 ful misconduct" within the meaning of the 
 act, in returning to the steamer after the 
 captain had ordered the crew to take to the 
 boats, where the boat was still attached to 
 the steamer at the time of such return, and 
 there is no evidence compelling an inference 
 that the return was a deliberate and inten- 
 tional defiance of his superior's command 
 in reckless disregard of his ow^n safety, at 
 a time of greatest peril. — North Pacific S. S. 
 Co. V. Industrial Accident Commission, 174 
 Cal. 500, 163 Pac. 910, 4 I. A. C. Dec. 76 
 (Bolger V. North Pacific S. S. Co., 2 I. A. C. 
 Dec. 324). 
 
 623. The second oflicer of a steamer about 
 to strike on the rocks can not be said as 
 matter of law under the facts of the case 
 to have been guilty of wilful misconduct 
 in returning to the ship after having, in 
 obedience to his captain's orders, entered a
 
 1645 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 lifeboat. — ^North Pacific S. S. Co. v. Indus- 
 trial Accident Commission, 174 Cal. 500, 502, 
 163 Pac. 910. 
 
 634. Entering: empty wine tank vrithont 
 testing: tile atmosplieric conditions. — A 
 workman employed in a winery is not 
 guilty of wilful misconduct in entering an 
 empty wine tank for the purpose of clean- 
 ing the same, without first testing the at- 
 mospheric conditions in the tank, where 
 there were no rules formulated by the em- 
 ployer prohibiting an employee from so 
 entering before making the test, and it is 
 not shown that the employee had knowl- 
 edge of a custom among winemakers to 
 test the atmosphere of such a tank before 
 entering the same. — United States, etc., Co. 
 V. Industrial Accident Commission, 174 Cal. 
 616, 163 Pac. 1013, 4 I. A. C. Dec. 79 (Maffla 
 V. Aquilino, 3 I. A. C. Dec. 15; Zanotti v. 
 Aquilino, 3 I. A. C. Dec. 53). 
 
 625. Same — Never informed as to dan- 
 Ker. — It was held under the circumstances 
 of the present case that the death of an 
 employee by asphyxiation upon entering an 
 empty wine tank without having first 
 burned a candle therein to determine the 
 purity of the air, and it does not appear by 
 the evidence that this employee had ever 
 been informed of such danger, or that he 
 actually knew^ of such risk, or that he did 
 not first burn a candle therein before en- 
 tering, was not caused by wilful misconduct. 
 — Zanotti v. Aquilino & Lagomarsino Co., 
 3 I. A. C. Dec. 53. 
 
 626. Same — Violation of lonj^-estab- 
 lished custom not formulated into a rule. — 
 A workman might be held guilty of "wil- 
 ful misconduct" in violating a custom 
 crystallized by long and universal practice 
 into a rule although not formulated by the 
 employer into a written precept or a 
 spoken command. — United States Fidelity 
 & Guaranty Co. v. Industrial Accident 
 Commission, 174 Cal. 616, 621, 163 Pac. 1013. 
 
 627. Same — Same — Kno^vledge of cus- 
 tom. — An employee who had knowledge of 
 such custom can not be held guilty of 
 wilful misconduct from his mere presence 
 
 •in the tank, and in a dying condition, 
 where the circumstances surrounding his 
 death do not show whether or not he niade 
 any test before entering the tank. — United 
 States, etc., Co. v. Industrial Accident Com- 
 mission, 174 Cal. 616, 163 Pac. 1013, 4 I. A. C. 
 Dec. 79 (Maflfia v. Aquilino, 3 I. A. C. Dec. 
 15; Zanotti v. Aquilino, 3 I. A. C. Dec. 53). 
 627a. Same — Attempt to save life of fel- 
 low employee. — An attempt to save the life 
 of a fellow employee, even though in- 
 tensely hazardous, is not willful misconduct. 
 — Maffla V. Aquilino, 3 I. A. C. Dec. 15. 
 
 628. Involuntary violation of safety or- 
 der. — A violation of a safety order, done 
 involuntarily by reason of constantly re- 
 peated movements required by employment, 
 was not wilful misconduct. — Weiss v. Hy- 
 man, etc., Co., 5 I. A. C. Dec. 71. 
 
 629. Inadvertent failure to comply with 
 order. — Serious and wilful misconduct of 
 employee held not to be predicated upon 
 inadvertent failure to wear goggles while 
 
 hurrying at foreman's direction to attend 
 certain vats filled with a strong lye solu- 
 tion for removing the skin of fruit, even 
 though he was required to wear such gog- 
 gles, and they were close at hand and 
 would have protected his eyes from the 
 injury sustained. — California Packing Cor- 
 poration V. Larson, 6 I. A. C. Dec. 41. 
 
 630. Conduct due to inadvertence and* 
 inattention. — Where a delivery man drove 
 his employer's automobile along a road at 
 about twenty-five miles an hour, and was 
 injured by being struck by a train, al- 
 though signals indicated that the train was 
 approaching, and just prior thereto he had 
 been driving at a prudent rate of speed 
 and had crossed other intersecting tracks 
 and believed that he had crossed all the 
 tracks in that vicinity, it was held that 
 the conduct of said employee was due to 
 inadvertence and inattention and was not 
 wilful in character. — Employers', etc.. Cor- 
 poration V. Elmore, 4 I. A. C. Dec. 359. 
 
 631. Exposure to special danger in dis- 
 regard of warning. — Where a dancer was 
 injured as a result of a filmy dress worn 
 by her catching fire from a gas stove while 
 on her way to the stage, it was held that 
 she was guilty of serious misconduct in 
 taking the route directly by the stove after 
 being warned of the danger, but that such 
 misconduct was not wilful. — Burton v. 
 Sloan, 5 I. A. C. Dec. 178. 
 
 632. Acts not in violation of orders 
 and not inherently v«-ilful misconduct. — Acts 
 of employee considered and found not In 
 violation of orders of employer or inher- 
 ently constituting wilful misconduct. — Owe 
 Ming v. Alaska Packers Association, 6 
 I. A. C. Dec. 67. 
 
 633. Foolhardy act of .seventeen-year-old 
 boy. — An act of a seventeen-year-old boy 
 employed in a printing office in putting his 
 hand into a paper press to remove clogged 
 sheets of paper while the machine was in 
 motion, although the employees of such 
 shop or office had been prohibited from do- 
 ing the same thing and he had been told ex- 
 pressly not to do so, it was held that his 
 act was one of foolhardiness and amounted 
 to wilful misconduct; it was further held 
 that the act was so obviously dangerous as 
 to amount to wilful misconduct even in 
 the absence of specific safety rule or in- 
 struction. — Greenleaf v. San Pedro Daily 
 News, 4 I. A. C. Dec. 305. 
 
 6.34. Jumping from automobile Just be- 
 fore collision ^vith train. — Where an em- 
 ployee was riding in his employer's auto- 
 mobile and an instant before a collision 
 with a train he jumped from the automo- 
 bile and was killed, it was held that al- 
 though said act may have been unwise or 
 the result of poor judgment, it was entirely 
 natural and justifiable under the circum- 
 stances and contained no element of wilful 
 misconduct. — Bird v. Smith, 4 I. A. C. Dec. 
 299. 
 
 635. Driving automobile 'with which em- 
 ployee had no experience. — An employee of 
 a hardware and metal company is entitled 
 to compensation for injuries received from
 
 Act 2781 
 
 GENERAL L,AA%'S. 
 
 Ifr46 
 
 a collision between an automobile, in which 
 he was traveling on business of his em- 
 ployer, and a street car, notwithstanding 
 the fact that the accident was due to the 
 lack of familiarity of the employee with 
 the automobile which he was driving, no 
 orders having been given by his employer 
 as to the use of any particular automobile, 
 and the employee having the right to travel 
 by an automobile of his own choosing. — 
 Maryland Casualty Co. v. Industrial Acci- 
 dent Commission, 39 Cal. App. 229, 178 
 Pac. 542, 5 I. A. C. Dec. 225 (Showalter v. 
 Union, etc., Co., 5 I. A. C. Dec. 46). 
 
 036. Use by a truck driver of circular 
 Hn^^ without permission. — The driver of a 
 truck wagon for a copper mining company 
 was held not to have been guilty of serious 
 and wilful misconduct in using a circular 
 saw to cut some side boards for the truck 
 in his charge, for the purpose of increasing 
 its carrying capacity, no rule forbidding 
 its use by him for that purpose having 
 been brought to his attention. — Jordan v. 
 Calaveras Copper Co., 6 I. A. C. Dec. 193. 
 
 037. Leaviiis vessel by jumpins across 
 Npace of three and a half feet to dock io- 
 .stead of using the sangplank. — Serious and 
 wilful misconduct can not be charged to a 
 marine fireman for attempting to jump 
 across a space of three and a half feet from 
 the dock to the barge where he was em- 
 ployed, instead of using the gangplank, 
 where it was shown that he believed, 
 though erroneously, that the gangplank 
 was not strong enough to support him.— 
 Dado V. Standard Oil Co., 6 I. A. C. Dec. 9. 
 
 638. I'sc of unfamiliar machine without 
 permission by boy of oishtcen. — An 
 eighteen-year-old boy employed as a helper 
 at a stamping machine in a can factory, in 
 the temporary absence of his superior in 
 charge of the machine, without experience 
 in its operation, without specific instruc- 
 tions not to operate it. and without warn- 
 ing that it was dangerous to attempt to do 
 so, undertook to operate it. and received an 
 injury to his hand, and it was held that 
 he was not guilty of serious and wilful 
 misconduct, and that the injury arose out 
 of and was proximately caused by the em- 
 ployment. — Metz V. American Can Com- 
 pany. 6 I. A. C. Dec. 267. 
 
 C39. Act of mine employee not wilful 
 misconduct. — An employee of a mine, hav- 
 ing finished his underground labors and 
 while waiting for a fresh assignment from 
 the foreman, was not guilty of "wilful mis- 
 conduct" within the meaning of subdivision 
 3, section 12. of the act. in seating himself 
 in the shade of an ore bin to recuperate 
 from the heat, no warning ever having 
 been given against doing so. — Brooklyn 
 Mining Co. v. State Industrial Accident 
 Commission. 172 Cal. 774, 775, 159 Pac. 162. 
 640. Gamekeeper's acts not wilful mis- 
 conduct. — A gamekeeper engaged in assist- 
 ing the lessees of a game preserve to find 
 and kill a deer can not be said to have 
 been guilty of wilful misconduct in pro- 
 ceeding to a point in advance of that agreed 
 on, nothing appearing to indicate that he 
 
 thus intentionally imperiled his life, or 
 recklessly sought the position of danger 
 where he was killed. — O. L. Shatter Co. v. 
 Industrial Accident Commission, 175 Cal. 
 522, 526, 166 Pac. 24. 
 
 641. Use of unfamiliar tool without per- 
 mission. — Serious and wilful misconduct of 
 employee is not predicated from the fact 
 that the injured employee, a seventeen- 
 year-old boy, was injured while attempting 
 to make a wooden guide for a saw used by 
 him as a sawyer, it appearing that other 
 employees made such guides, and that such 
 guides would prevent accidents such as he 
 sustained. — Lucky v. Hammond Lumber 
 Co., 6 I. A. C. Dec. 3. 
 
 642. Occupying a place on deck of barge 
 during voyage. — On review of an award 
 made for the death of a barge employee by 
 falling from the deck of the barge and 
 drowning, tlie court can not say that he 
 was acting recklessly and in defiance of 
 orders in occupying the place on deck dur- 
 ing the voyage. — W. R. Rideout Co. v. Pills- 
 bury, 173 Cal. 132, 134, 159 Pac. 435. 
 
 VIII. Award of Compensation. 
 
 1. Compensation, a. In general. 
 
 643. Employment without pay. 
 
 644. Failure to limit award to two hun- 
 
 hundred and forty weeks. 
 
 645. Award in the alternative. 
 
 Temporary indemnity — Permanent 
 disability not determinable. 
 
 Further disability. 
 
 Termination of compensation — 'Re- 
 fusal to undergo operation justi- 
 fied. 
 
 Agreement to pay compensation. 
 
 646. 
 
 647. 
 648. 
 
 649. 
 b. Medical and surgical treatment. 
 
 650. Employer bound to tender on 
 
 notice. 
 
 651. Written notice not required — 
 
 Actual knowledge — Information. 
 
 652. Liability of employer — Notice — 
 
 Rule stated. 
 
 653. Leaving hospital with employer's 
 
 consent. 
 
 654. Improper treatment furnished by 
 
 employer and insurance carrier. 
 
 655. Liability for treatment procured by 
 
 employee. 
 
 656. Neglect of employer and insurance 
 
 carrier to furnish. 
 
 657. Employer relieved of liability by 
 
 failure of employee to afford him 
 opportunity to furnish treatment. 
 
 658. Employer not liable unless he has 
 
 fair opportunity to furnish treat- 
 ment. 
 
 659. Employer not liable unless he neg- 
 
 lects or refuses to furnish treat- 
 ment. 
 
 660. Employee did not afford employer 
 
 sufficient opportunity to furnish 
 treatment. 
 
 661. Employee left hospital and pro- 
 
 cured his own treatment. Em- 
 ployer not liable.
 
 1647 
 
 biaste:r and servant. 
 
 Act 2781 
 
 662. Hospital charges. Failure to com- 
 
 ply with employer's instructions. 
 
 663. Employee not guilty of unreason- 
 
 able refusal to submit to treat- 
 ment. 
 
 664. Unreasonable refusal of employee 
 
 to submit to treatment — Offer 
 must be peremptory and un- 
 equivocal. 
 
 665. Eef usal by employee — Offer not 
 
 sufficiently definite. 
 
 666. Kepair of damages to false teeth 
 
 not medical and surgical treat- 
 ment. 
 
 667. Physician of applicant presumed to 
 
 be competent. 
 
 668. Services of second physician to ob- 
 
 serve operation — Not compens- 
 able. 
 
 669. Employee not entitled to reimburse- 
 
 ment for treatment by Chinese 
 herb doctor. 
 
 670. Treatment by prayer. 
 
 671. Surgical operation may be op- 
 
 tional. 
 
 672. Hospital treatment not allowed 
 
 when disability becomes definitely 
 permanent. 
 
 673. Surgical treatment to improve an 
 
 action — Disability not decreased. 
 
 674. "Where large employer does not 
 
 maintain hospital. 
 
 675. Employee entitled to board, lodg- 
 
 ing, and attendance when hos- 
 pital not available. 
 
 676. Unwarranted recommendation for 
 
 surgical operation at carrier's ex- 
 pense — Award not vitiated. 
 
 c. Death benefit, 
 
 677. Division of death benefits — Author- 
 
 ity of commission. 
 
 678. Same — Award to minor children to 
 
 the exclusion of the wife. 
 
 d. Burial expenses. 
 
 679. Burial expenses may be allowed in 
 
 addition to death benefits in case 
 of partial dependency. 
 
 680. Burial expenses not an asset of the 
 
 estate. 
 
 681. In case of part payment by lodge. 
 
 e. Liens. 
 
 682. Living expenses — Construction of 
 
 section 29. 
 
 683. Same — Settlement agreement. 
 
 684. Same — Payment of compensation 
 
 extinguishes right to lien. 
 
 685. Same — Allowance of lien mere mat- 
 
 ter of procedure. 
 
 686. Same — Where no application for 
 
 compensation filed. 
 
 687. Same — Same — Disappearance of 
 
 employee. 
 
 688. Same — Alimony. 
 
 689. Medical services — Notice prerequi- 
 
 site to claim of lien. 
 
 690. Same — Charge against carrier and 
 
 not against employee. 
 
 691. Same — Must be incurred as re- 
 
 quired by section 24. 
 
 692. Attorney's fee — Payment of, may 
 
 be ordered direct to attorney by 
 employer. 
 
 693. Expenses of burial — Limited to 
 
 $100. 
 
 S. Computation, a. Disability. 
 
 694. Measure of disability. 
 
 695. Percentage of disability, a question 
 
 of fact. 
 
 696. Nature, extent, and duration of 
 
 disability. 
 
 697. Permanent disability — 20 per cent 
 
 of total disability. 
 
 698. Same — Commission not bound by 
 
 schedule. 
 
 699. Same — Minor. 
 
 700. Same — Disability that does not 
 
 affect efficiency. 
 
 701. Same — Child dancer — Scar on arm. 
 
 702. Partial permanent disability — Juris- 
 
 diction of commission. 
 
 703. Preliminary treatment — Compensa- 
 
 tion for period of. 
 
 704. Damage to plate of false teeth. 
 
 705. Cannery employee rendering divers 
 
 seasonal duties. 
 
 706. Impairment of vision due to wood 
 
 alcohol. 
 
 707. Release no bar to subsequently de- 
 
 veloping disability. 
 
 708. Award of 50 per cent compensation. 
 
 709. Compensation for vacation period. 
 
 710. Employer takes employee subject to 
 
 existing disability. 
 
 711. Same — Rule not to be applied to 
 
 work unjustly. 
 
 712. Same — ^Impossible to determine ex- 
 
 tent of disability due to pre- 
 existing condition. 
 
 713. Same — Injury causing disability by 
 
 reason of weakness from pre- 
 existing diseased condition. 
 
 714. Same — When disability ascribed to 
 
 pre-existing condition. 
 
 715. Occupational disease — Police ofiicer 
 
 — Flat feet and broken arches. 
 
 716. Same— Test of. 
 
 717. Same — Occupation at which en- 
 
 gaged at time of injury. 
 
 718. Disability caused by injury com- 
 
 pensable regardless of disability 
 caused by disability due to pre- 
 existing condition. 
 
 719. "Further disability." 
 
 720. Same — When disability is. 
 
 721. Same — New employer not liable. 
 
 722. Same — Blindness from injury to 
 
 eye producing cataract. 
 
 723. Same— Defined. 
 
 724, 725. Same — Subsequent incapacity. 
 
 726. Same — Subsequent injury. 
 
 b. Earnings. 
 
 727. ' * Neighboring place ' ' — Transitory 
 
 occupation. 
 
 728. "Days when so employed." 
 
 729. Rate of wages. 
 
 730. Average earnings — Standard wages.
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1048 
 
 731. Average annual earnings — Salary 
 
 definitely fixed. 
 
 732. Same — Salary not definitely fixed. 
 
 733. Same — Earnings of others similarly 
 
 employed. 
 
 734. Same — School teacher. 
 
 735. Same — Intermittent character of 
 
 work. 
 
 736. Same — Act contemplates steady and 
 
 permanent employment — Where 
 not shown to exist. 
 
 737. Same — Seven days a week employee. 
 
 738. Same — Neither employee nor any 
 
 other working at the employment 
 two hundred and sixty days in 
 year. 
 
 739. Same — Carpenters per diem wages 
 
 where no carpenter in neighbor- 
 hood worked for whole year. 
 
 740. Same — "Where employee worked 364 
 
 days in year. 
 
 741. Same— " Occasional jobs." 
 
 742. Same — Earnings in other occupa- 
 
 tions. 
 
 743. Same — "Weekly earnings at normal 
 
 wages. 
 
 744. Same — Average earnings of election 
 
 clerk. 
 
 745. Same — Part of wages under bonus 
 
 system. 
 
 746. Same — Overtime. 
 
 747. Same — Variations in wages — "Wages 
 
 for last two months taken. 
 
 748. Same— Same wages received at time 
 
 of injury. 
 
 749. Same — Same — Method of compen- 
 
 sation. 
 
 750. Same — Employee under twenty-one 
 
 — Expected increase not consid- 
 ered. 
 
 751, 752. Same — Same — Based on conditions 
 at time of injury. 
 753. Same — Same — Expected increase 
 may be considered. 
 
 754, 755. Same — Same — Probable wage after 
 majority may not be considered. 
 
 756. Same — ^Newsboy selling both morn- 
 
 ing and afternoon papers for dif- 
 ferent employers. 
 
 757. Same — Full earnings in excess of 
 
 maximum. 
 
 758. Same — Cannery employee at divers 
 
 seasonal duties. 
 
 759. Same — Bricklayer as volunteer fire- 
 
 man. 
 
 760. Same — Machinist earning wages as 
 
 musician. 
 
 761. Same — Where no remuneration — 
 
 Computed at minimum. 
 
 762. Same — W^orking as typist for two 
 
 employers — Entire wages. 
 
 763. Same — Two employers — Entire 
 
 wages. 
 
 764. Same — Night watchman — Several 
 
 employees. 
 
 765. Same — "Waiter's tips and allowance 
 
 for board, etc., considered. 
 
 766. Student nurse — "\''alue of instruc- 
 
 tion not considered. 
 
 767. Same — W'ages definitely fixed. 
 
 4. Dependency. 
 
 768. " Member of the family." 
 
 769. "For whose support such husband 
 
 was legally liable." 
 
 770. Partial dependency — "Annual 
 
 amount devoted. ' ' 
 
 771. Same — Income from property less 
 
 than expense thereof. 
 
 772. Same — Rate where earnings covered 
 
 portion of year. 
 
 773. Same — Receiving money for room 
 
 rent in house rented by employee. 
 
 774. Same — Where both father and son 
 
 contributed. 
 
 775. Same — Part support from income 
 
 of own property. 
 
 776. Same — Contributions for entire 
 
 year not necessary. 
 
 777. Same — Contributions not constant. 
 
 778. Disposition of benefit — Needs of de- 
 
 pendents. 
 
 779. Mother of family of illegitimate 
 
 children. 
 
 780. Maintenance of child — Amount 
 
 father ordered to pay. 
 
 781. Source of earnings not considered. 
 
 782. Repayments of debt, not contribu- 
 
 tions. 
 
 783. Claims of non-resident dependents 
 
 — Policy of commission. 
 
 784. Support of non-resident wife — Im- 
 
 prisonment of husband. 
 
 785. Same — Presumption of partial sup- 
 
 port. 
 786, 787. Same — Presumption that husband 
 and wife were "living together." 
 
 788. Non-resident widow in Spain — 
 
 "Living with" husband and em- 
 ployee. 
 
 789. Non-resident widow in Italy — 
 
 "Living with" husband and em- 
 ployee. 
 
 1. Compensation, a. In general. 
 
 643. Employment without pay. — A "stu- 
 dent" motorman on a street railway is an 
 employee and Is entitled to compensation 
 when injured, although receiving no pay. — 
 Beatty v. San Diego Electric Railway Co., 
 5 I. A. C. Dec. 241. 
 
 644. Failure to limit award to two hun- 
 dred and forty weeks. — An award of the 
 commission is not open to objection be- 
 cause the order fails in terms to limit the 
 time of payment to two hundred and forty 
 weeks, since the statute itself makes that 
 limitation, and the order can not be effec- 
 tive beyond that period. — Southwestern 
 Surety Ins. Co. v. Pillsbury, 172 Cal. 768, 
 773, 158 Pac. 762. 
 
 645. Award in the alternative. — While 
 an award may be beyond the powers of the 
 commission because of an invalid alterna- 
 tive which might require payment for sur- 
 gical treatment longer than ninety days, 
 yet where the other alternative is complete 
 in itself, and the insurance carrier need not 
 accept the objectionable alternative, the 
 latter does not invalidate the award. — 
 Southwestern Surety Ins. Co. v. Pillsbury, 
 172 Cal. 768, 773, 158 Pac. 762.
 
 1649 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 646. Temporary Indemnity — Permanent 
 disability not determinable. — Where the in- 
 jured employee was a miner and perma- 
 nently disabled and the permanent dis- 
 ability was not yet determinable he was 
 given a temporary indemnity at a weekly 
 rate payable for permanent indemnity. — 
 Quilien v. Pennington Sons, 5 I. A. C. Dec. 
 135. 
 
 647. Furtlier disability. — An award for 
 further disability is authorized where the 
 subsequent injury is the proximate and 
 natural result of the original injury re- 
 ceived in the course of the employment. — 
 Head Drilling Co. v. Industrial Accident 
 Commission, 177 Cal. 194, 170 Pac. 157, 5 
 I. A. C. Dec. 1 (Scott v. Head Drilling Co., 
 4 I. A. C. Dec. 9). 
 
 648. Termination of compensation — Re- 
 fusal to undergo operation justified. — An 
 award is not subject to reduction or termin- 
 ation by a finding that the person disabled 
 can be relieved by a surgical operation, 
 in view of the seriousness of the dis- 
 ability, where others on finding that the 
 employee refused or was unwilling to un- 
 dergo the operation or that he had the 
 means to pay for it. — Marshall v. Ransome, 
 etc., Co., 33 Cal. App. 782, 166 Pac. 846, 4 
 I. A. C. Dec. 154 (Marshall v. Ransome, etc., 
 Co., 2 I. A. C. Dec. 304). 
 
 649. Agreement to pay compensation. — 
 As to the effect of an agreement between 
 injured employee and employer as to pay- 
 ment of disability indemnity, under section 
 16 of the act, and the essentials of such 
 agreement. — Northwestern Pacific Rd. Co. 
 v. Industrial Accident Commission, 173 Cal. 
 652, 161 Pac. 12a 
 
 b. Medical and surgical trealment. 
 
 650. Employer bound to tender, on no- 
 tice. — An employer is bound to tender 
 medical and surgical treatment on his be- 
 coming aware of the injury and of the 
 necessity of medical treatment thereof, and 
 becomes liable for the reasonable value of 
 the treatment after the date of the notice 
 of the injury. — Geier v. Myers Darling Hin- 
 ton Co., 4 I. A. C. Dec. 263. 
 
 651. Written notice not required — Actual 
 knovrledge — Information. — Although the 
 employer's boss had no written notice or 
 actual knowledge of the injury sustained 
 by the employee, w^here he was informed 
 by other employees of the injury and he 
 knew that the employee was disabled, it 
 was held that the employer had sufficient 
 opportunity to furnish the medical treat- 
 ment required on account of said injury 
 and neglected to do so. — Hopper v. Cuth- 
 bert Burrel Co., 4 I. A. C. Dec. 141. 
 
 652. Liability of employer — Notice — Rule 
 stated. — An employer's knowledge or notice 
 of injury to his employee must be such as 
 to afford to the employer a reasonable 
 notification of the need of medical treat- 
 ment of the employee's claim thereof In 
 order to make such employer liable for 
 medical treatment. — Ward v. Fox, etc., Co. 4 
 I. A. C. Dec. 135. 
 
 65.3. Leaving hospital with employer's 
 Gen. Laws — 104 
 
 consent. — An employer who consents to his 
 employee leaving the hospital is liable for 
 the continued treatment of such employee, 
 who fails to return to the hospital because 
 of physical inability to travel. — Fernandez 
 v. Mountain Copper Co., 5 I. A. C. Dec. 110. 
 
 654. Improper treatment furnished by 
 employer and insurance carrier. — It was 
 held in the present case that the refusal 
 of the employer's physician to permit the 
 employee to go elsewhere for treatment 
 was unjustifiable, and having gone else- 
 where on account of improper treatment, 
 the employer must pay the full medical bill. 
 — Campbell v. "White Lumber Co., 3 I. A. C. 
 Dec. 33. 
 
 655. Liability for consequences of treat- 
 ment procured by employee. — Although an 
 insurance carrier is discharged from lia- 
 bility for the cost of treatment procured by 
 an injured employee after his refusal to 
 accept the treatment tendered by the in- 
 surance carrier, the latter is not thereby 
 discharged from liability for the conse- 
 quences of the treatment, provided said 
 treatment is adequate as a matter of law. — 
 Silveira v. Grayson, etc., Co., 4 I. A. C. Dec. 
 229. 
 
 656. Neglect of employer and insurance 
 carrier to furnish treatment. — Facts in the 
 instant case held to warrant the conclusion 
 that the employer and insurance carrier 
 neglected to provide the surgical treatment 
 reasonably required, and that the employee 
 did not lose his right to hold the carrier 
 liable for the services of his family phy- 
 sician, under section 15(a) of the act. — 
 Massachusetts, etc., Co. v. Pillsbury, 170 
 Cal. 767, 770, 151 Pac. 419. 
 
 657. Employer relieved of liability by 
 failure of employee to afford him oppor- 
 tunity to furnish treatment. — The failure 
 of an injured employee to afford to his 
 employer opportunity to provide medical 
 treatment, relieves the employer from the 
 obligation to furnish such treatment dur- 
 ing the time such opportunity was denied, 
 but does not exempt the employer from ten- 
 dering treatment as soon as he has an 
 opportunity to do so. — Geier v. Myers Darl- 
 ing Hinton Co., 4 I. A. C. Dec. 263. 
 
 658. Employer not liable unless he has fair 
 opportunity to furnish treatment. — Where 
 an employer did not have a fair oppor- 
 tunity to furnish the required medical 
 treatment after learning of the injury, he 
 was held not liable for the employee's 
 medical expenses. — Gant v. Kraft, 4 I. A. C. 
 Dec. 339. 
 
 659. Employer not liable unless he neg- 
 lects or refuses to furnish treatment. — Un- 
 der the requirements of section 15(a) of 
 the act, the employer has the right to 
 designate and select the physicians who 
 are to give treatment to the employee and 
 the latter is authorized to make his own 
 selection at the expense of the employer 
 only where the latter has neglected or 
 refused to supply the necessary services. — 
 Leadbettor v. Georgia Casualty Co., 179 Cal. 
 468, 177 Pac. 449, 5 I. A. C. Dec. 233 (S. C. 
 26 Cal. App. Dec. 1268, 5 L A. C. Dec. 143).
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1C50 
 
 (5«0. Employee did not nflford employer 
 RufHclent opportnnity to furnish treatment. 
 
 — It was held in the present case that the 
 injured employee did not afford his em- 
 ployer a sufficient opportunity to furnish 
 the required medical treatment and that 
 such employer was not liable for the cost 
 of the treatment procured by the applicant. 
 — Ward V. Fox, etc., Co., 4 I. A. C. Dec. 135. 
 
 <J6J. Employee left hospital and prooured 
 his o^vn treatment— Employer not liable. — 
 Where an injured employee, while under 
 treatment by a physician and at a hospital 
 supplied by the insurance carrier, abandons 
 such treatment without adequate cause or 
 justification, and without the knowledge of 
 the insurance carrier, and procures other 
 hospital and medical treatment at his own 
 Expense with the employer's consent, it is 
 held that notwithstanding- such consent, the 
 insurance carrier is not liable for the ex- 
 pense of such medical and hospital charges. 
 — Spring V. J. G. Miller Co., 3 I. A. C. Dec. 4. 
 
 663. Hospital charges — Failure to com- 
 ply Tvith employer's Instructions. — Where 
 the injured employee was directed by his 
 employer's physician to go to a certain 
 hospital and the address given him, and the 
 employee went to a different hospital, the 
 commission therefore refused to make an 
 award covering hospital charges, since un- 
 der such circumstances no neglect or re- 
 fusal on the part of the employer to furnish 
 hospital services is shown, which is a re- 
 quirement to such an award. — Cella v. In- 
 dustrial Accident Commission, 38 Cal. App. 
 760, 177 Pac. 490, 5 I. A. C. Dec. 206. 
 
 663. Employee not guilty of unreason- 
 able refu.sal to submit to treatment. — It was 
 held in the present case that the injured 
 employee was not guilty of an unreasonable 
 refusal to submit to medical treatment. — 
 Anderson v. Pacific, etc., Co., 4 I. A. C. Dec. 
 203. 
 
 664. Unreasonable refusal of by em- 
 ployee to submit to medical treatment^ 
 Offer must be peremptory and unequivocal. 
 — To constitute an unreasonable refusal to 
 submit to medical treatment as that term 
 is used in section 16(e) of the act, the ten- 
 der of treatment must be both peremptory 
 and unequivocal and must be so understood 
 by the injured employee. — Anderson v. Pa- 
 cific, etc.. Co., 4 I. A. C. Dec. 203. 
 
 665. Refusal by employee — Offer not suf- 
 ficiently definite. — It was held in the pres- 
 ent case that the offer of medical treatment 
 was not sufficiently definite to constitute 
 the employee's failure to accept the same 
 an unreasonable refusal to submit to medi- 
 cal treatment tendered by the employer. — 
 Norton v. City of Oakland, 4 I. A. C. Dec. 
 231. 
 
 666. Repair of damasre to false teeth not 
 medical and surgical treatment. — Repair of 
 damage to false teeth is not medical and 
 surgical treatment required to be furnished 
 by the employer, though the furnishing of 
 artificial teeth where such Is rendered nec- 
 essary by an injury is so required. — De 
 Witt v. California Highway Commission, 5 
 I. A. C. Dec. 140. 
 
 667. Physician of applicant presumed to 
 be competent. — The commission can not. 
 in the absence of convincing testimony, 
 presume that if the employee had been in 
 the hands of a physician furnished by the 
 defendants he would have been more 
 quickly cured than if in the hands of any 
 other surgeon authorized to practice his 
 profession in this state. — Telford v. Healy- 
 Tibbitts, etc., Co., 3 I. A. C. Dec. 41. 
 
 668. Services of second physician to ob- 
 serve operation — Not compensable. — A phy- 
 sician called in by an employee to observe 
 an operation made necessary by hernia sus- 
 tained in course of employment, and the 
 applicant at the suggestion of his physi- 
 cian had present a second physician to 
 observe the operation in order to be able to 
 give testimony as to the nature of the 
 hernia if necessary, it was held not to be 
 compensable for medical services within 
 the meaning of the term as employed in 
 the act. — Belter v. Rosenberg, etc., Co., 4 
 I. A. C. Dec. 94. 
 
 669. Employee not entitled to reimburse- 
 ment for treatment by Chinese herb doctor. 
 — An injured employee is not entitled to 
 reimbursement for the expense of treatment 
 by a Cliinese herb doctor who is not licensed 
 to practice medicine. — Knock v. Reliance, 
 etc., Co., 4 I. A. C. Dec. 181. 
 
 670. Treatment by prayer. — Where an 
 employee sustained a muscular strain and 
 consulted a healer who made no diagnosis 
 and used no drugs or mechanical appliances 
 in healing, but who healed by prayer and 
 the laying on of hands and who was not 
 licensed by the state medical board to prac- 
 tice medicine in this state, it was held that 
 such treatment does not constitute medical 
 treatment within the meaning of the act 
 and that the defendants were not liable for 
 the cost thereof. — Miller v. Boos Bros. 
 Cafeteria, 4 I. A. C. Dec. 388. 
 
 671. Surgical operation may be optional. 
 — An order requiring a surgical operation 
 may be optional vk^here there is a likeli- 
 hood but no certainty of improvement of 
 condition. — Hughes v. Northwestern, etc., 
 Co., 5 I. A. C. Dec. 137. 
 
 672. Hospital treatment not alIoT\-ed 
 when disability becomes definitely perma- 
 nent. — Where the evidence showed that the 
 injured employee's disability had become 
 definitely permanent and that recovery or 
 further improvement would not result from 
 further medical treatment, it was held that 
 further hospital treatment was not allowed 
 under the act. — Employers', etc.. Corpora- 
 tion v. Elmore, 4 I. A. C. Dec. 359. 
 
 673. Surgrlcal treatment to improve con- 
 dition — Disability not decreased. — An em- 
 ployer may be ordered by the commission 
 to furnish a permanently, totally disabled 
 employee with surgical treatment where 
 the same may improve his physical condi- 
 tion, although the same may not decrease 
 disability. — United States, etc., Co. v. Sil- 
 vestro, 5 I. A. C. Dec. 161. 
 
 674. Where large employer does not 
 maintain hospital. — In every case where a 
 large employer has provided no adequate
 
 1651 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 hospital facilities for serious cases, the 
 commission will sanction the taking- of such 
 injured person out of the hands of the 
 physician of the employer and placing him 
 in a proper hospital and under the care of 
 a proper physician. — Campbell v. "White, etc., 
 Co., 3 I. A. C, Dec. 33. 
 
 S75. Employee entitled to board. lodging 
 and attendance T\'hen hospital not available. 
 — Where a hospital is not available, the in- 
 jured employee is entitled to equivalent 
 board, lodging and attendance. — Casler v. 
 Byrne, 5 I. A. C. Dec. 224. 
 
 676. Unwarranted recommendation for 
 surgical operation at carrier's expense- 
 Award not vitiated. — An award of compen- 
 sation made by the commission is not 
 vitiated because it contains an unwarranted 
 recommendation that the insurance carrier 
 offer to the injured employee to pay the 
 cost of a surgical operation for the purpose 
 of reducing its liability, and that the em- 
 ployee accept the offer, as the same may be 
 disregarded like any other gratuitous sug- 
 gestion or recommendation. — Marshall v. 
 Ransome Concrete Co., 33 Cal. App. 782, 166 
 Pac. 846, 4 I. A. C. Dec. 154 (Marshall v. 
 Ransome, etc., Co., 2 I. A. C. Dec. 704). 
 
 c. Death benefit. 
 
 677. Division ot death benefits — Author- 
 ity of conunission. — Under the provision of 
 section 19(a)(3) the commission may award 
 a death benefit on the dependents of a de- 
 ceased employee in such manner as may be 
 in proportion to their respective needs and 
 just and equable. — Perry v. Industrial Acci- 
 dent Commission, 54 Cal. Dec. 743, 4 I. A. C. 
 Dec. 370 (Perry v. Fresno Herald, 4 I. A. C. 
 Dec. 110). 
 
 678. Division of death benefit — Award to 
 minor children to exclusion of v»'ife. — An 
 award of the entire death benefit to the 
 minor children — issue of a union with a 
 woman to whom he was not married, but 
 with whom he lived for three years prior 
 to his death — to the exclusion of his wife, 
 from whom he had been separated for sev- 
 eral years, and who was pressing a claim 
 for a divorce from him without any pro- 
 vision for support, is not an abuse of dis- 
 cretion. — Perry v. Industrial Accident Com- 
 mission, 54 Cal. Dec. 743, 4 I. A. C. Dec. 370 
 (Perry v. Fresno Herald, 4 I. A. C. Dec. 
 110). 
 
 d. Burial expenses. 
 
 679. Burial expenses may be allowed In 
 addition to death benefits in case of partial 
 dependency. — Where the employee leaves 
 persons partially dependent upon him, the 
 cost of burial may be allowed in addition to 
 the death benefit awarded, while in cases 
 of total dependency such cost may not be 
 allowed in addition to the death benefit. — 
 Northern, etc., Co. v. Industrial Accident 
 Commission, 34 Cal. App. 2, 166 Pac. 828, 4 
 I. A. C. Dec. 173. 
 
 6S0. Burial expenses not an asset of the 
 estate. — The administrator of the estate of 
 a deceased employee without dependents 
 has a claim for the payment to him exclu- 
 sively for the burial expenses and not as 
 
 an asset of the estate generally. — Reed v. 
 San Diego, etc., Co., 4 I. A. C. Dec. 40. 
 
 651. In case of part payment by lodge. — 
 
 Wliere a deceased employee's lodge paid a 
 part of his burial expense, the dependent 
 is entitled to payment for the balance due 
 over the lodge's contribution. — Hitzelberger 
 V. Rolph, etc., Co., 5 I. A. C. Dec. 123. 
 
 e. Liens. 
 
 652. Living expenses^Construction of 
 section 39. — The payment of disability In- 
 demnity mentioned in section 29(b)(3) re- 
 fers to a first payment of disability indem- 
 nity and the amount thereafter to be paid 
 mentioned in section 29(c) refers to the 
 amount of compensation due and which re- 
 mains unpaid. — Pankey v. Western, etc., 
 Co., 4 I. A. C. Dec. 158. 
 
 653. Same — Settlement agreement. — 
 Where pursuant to settlement agreement 
 and before approval of the same by the 
 commission, compensation was paid for the 
 full amount of the applicant's estimated dis- 
 ability and liens were thereafter filed for 
 tlie reasonable value of living expenses of 
 the injured employee, said liens were denied 
 and the settlement agreement was approved. 
 — Pankey v. Western, etc., Co., 4 I. A. G. 
 Dec. 159. 
 
 654. Same— Payment of compensation ex- 
 tinguishes right to lien. — Payment of com- 
 pensation extinguislies the right to file a 
 lien for the reasonable value of living ex- 
 penses of an injured employee against 
 compensation thereafter payable. — Pankey 
 v. Western, etc., Co., 4 I. A. C. Dec. 158. 
 
 68.5. Same^Allowance of Hen mere mat- 
 ter of procedure. — The allowance of the 
 lien contemplated by section 24(b)(5) of 
 the act of 1917, by the wife of an injured 
 employee, for the amount of reasonable 
 living expenses for herself and minor chil- 
 dren, upon the ground that her husband had 
 deserted her and was neglecting his family, 
 is, when the employee files his written con- 
 sent, a mere matter of procedure, and there- 
 fore, under section 73, the lien can be 
 allowed after January 1, 1918, against com- 
 pensation due for an injury occurring be- 
 fore. — Jensen v. Jensen. 5 I. A. C. Dec. 45. 
 
 686. Same — Where no application for 
 compensation filed. — Where no application 
 for compensation on account of injury had 
 been filed, no award made and no liability 
 therefor admitted either by employer or 
 by insurance carrier, it was held that the 
 commission was without jurisdiction to al- 
 low a lien for hospital treatment furnished 
 to the injured employee's wife at his re- 
 quest, and for her board and room. — Harvey 
 v. McNeil, 5 I. A. C. Dec. 112. 
 
 687. Same — Same — Disappearance of em- 
 ployee. — Under the provisions of section 17 
 of the act of 1917, the commission has juris- 
 diction of a claim of a wife for a lien upon 
 the compensation due an injured employee, 
 for living expenses, and where such em- 
 ployee, after the injury, disappeared with- 
 out applying for or receiving compensation, 
 and his whereabouts were unknown, the 
 commission, after publication of notice of
 
 Act 2781 
 
 G£:nii:ral laws. 
 
 1C52 
 
 the wife's claim under section 412, Code of 
 Civil Procedure, as provided in section 
 17(a) of the act, allovv^ed the lien asked 
 for. — Schaeffer v. California, etc., Co., 6 
 I. A. C. Dec. 266. 
 
 688. Same — Alimony. — Under the pro- 
 visions of section 24(b)(5) a lien was al- 
 lowed a divorced wife for back alimony 
 due under an agreement, without an appli- 
 cation and award to the injured husband. — 
 Harrison v. London, etc., Co., 5 I. A. C. Dec. 
 29. 
 
 689. Medical services — Notice prereq- 
 nlnite to claim of lien. — Under section 29 
 of the act the notice is a prerequisite to 
 the claim of lien of the physician or other 
 purpose for services in treating the injured 
 employee. — Pacific Coast Casualty Co. v. 
 Pillsbury. 171 Cal. 319, 325, 153 Pac. 24. 
 
 600. Same — Charge against carrier and 
 not against employee. — Where an injured 
 workman was talven by a fellow employee 
 to a physician and the physician informed 
 the insurance carrier of the injury and of 
 his treatment, and afterwards made his 
 charge against the carrier for his services 
 and not against the employee, it was held 
 that the commission was without jurisdic- 
 tion to award a lien to such physician, the 
 matter being a question of contract be- 
 tween the physician and the employer. — 
 Paul V. Johnson Bros., 3 I. A. C. Dec. 32. 
 
 691. Same — Must be incurred as is re- 
 quired by section 24. — Medical expense in- 
 curred by employer not allowed as a lien 
 against compensation, where not incurred 
 as required by section 24 of the act of 1917, 
 although the reasonable value of services 
 rendered was awarded. — Abele v. Spenson, 
 6 I. A. C. Dec. 22. 
 
 692. Attorney's fee — Payment of. may be 
 ordered direct to attorney by employer. — 
 In order to make effective the lien of the 
 attorney provided for in section 29(b) of 
 the workmen's compensation act, the com- 
 mission may adopt the method of ordering 
 the amount allowed as a fee to be paid di- 
 rectly by the employer to the attorney. — 
 North Pacific S. S. Co. v. Industrial Accident 
 Commission, 174 Cal. 500, 504, 163 Pac. 910. 
 
 693. E^xpenses of burial — Limited to !|tlOO. 
 
 — The cost of a burial lot and transporta- 
 tion of the remains can only be allowed as 
 a lien when their cost comes within $100, 
 nevertheless, on the request of the person 
 entitled to the death benefit, the commis- 
 sion will order the payment of more than 
 $100 direct to the undertaker. — Sigman v. 
 Columbia, etc., Co., 3 I. A. C. Dec. 2. 
 
 2. Computation, a. Disability. 
 
 694. Measure of disability. — The ability 
 of the workman to do the exact work on 
 which he was employed at the time of the 
 injury is not the sole measure of disability, 
 but, under the provisions of subdivision 2 
 [7], section l5, of the act, account should be 
 taken of the nature of the physical injury 
 or disfigurement, the occupation of the in- 
 jured employee and his age at the time of 
 the injury. — Frankfort G. Ins. Co. v. Pills- 
 bury, 173 Cal. 56, 58, 159 Pac. 150. 
 
 62.". Percentage of disability, a question 
 of fact. — The percentage of disability in 
 the case before it is a matter to be deter- 
 mined by the commission in the exercise of 
 its sound discretion, based upon a fair view 
 of all the circumstances, and its conclusion 
 in a matter is tlie determination of a ques- 
 tion of fact, and is not subject-to review by 
 the courts unless palpably contrary to the 
 undisputed evidence. — Frankfort G. Ins. Co. 
 v. Pillsbury, 173 Cal. 56, 59, 159 Pac. 150. 
 
 696. Nature, extent and duration of dis- 
 ability. — Wliere an employee was suffering 
 from the initial stages of glaucoma, which 
 would after an indefinite period have pro- 
 duced total blindness independently of any 
 injury, and he sustained an Injury which 
 precipitated acute glaucoma and hastened 
 the inevitable condition of total blindness, 
 it was held that the disability was tempo- 
 rary and total and that the period of dis- 
 ability proximately caused by the injury 
 was the period during which vision would 
 have remained if there had been no injury. 
 — Cousins V. Hanlon, 4 I. A. C. Dec. 97. 
 
 697. Permanent disability — 20% of total 
 disabilit?'. — Where a carpenter suffered the 
 loss of a kidney as a result of a fall, which 
 prevented him from performing the stren- 
 uous work of a carpenter, he was held to 
 have sustained a permanent disability, al- 
 though the remaining kidney was normal 
 and performing the functions of both kid- 
 neys, and such permanent disability equaled 
 20 per cent of the total disability. — Fraser 
 V. Healy-Tibbetts, etc., Co., 4 I. A. C. Dec. 
 242. 
 
 698. Same — Commission not bound by 
 schedule. — Where the circumstances of a 
 special case indicate that the rating appear- 
 ing in the schedule published by tlie com- 
 mission, as respects a certain kind of per- 
 manent disability, is too low, or where the 
 testimony shows that the framers of such 
 schedule made an underestimate as regards 
 a certain class of permanent disability, the 
 
 commission will not be bound by such sched- 
 ule but will rate such disability upon the 
 basis indicated by the evidence to be proper. 
 — Lee v. Pacific, etc., Co., 3 I. A. C. Dec. 28. 
 
 699. Same — Minor. — A ripsawyer at the 
 age of nineteen years, who received a per- 
 manent injury to the right eye, was en- 
 titled to compensation under section 12(c) 
 of the act of 1917, computed upon the prob- 
 able wages which he would have received 
 at the time he would become a journeyman 
 brakeman, to the end that the injured 
 brakeman may not be compensated on the 
 injury on the basis of a boy's wages. — Pa- 
 cific Manufacturing Co. v. Pasquinelli, 5 
 L A. C. Dec. 184. 
 
 700. Same — Disability that does not af- 
 fect efficiency. — The loss by an electric line- 
 man, as a result of an industrial injury, of 
 the senses of taste and smell does not in- 
 terfere with his efficiency as a lineman nor 
 cause a diminution of earning power in 
 sucli occupation, and is therefore rot com- 
 pensable. — Dotson v. Southern California, 
 etc., Co., 4 I. A. C. Dec. 90.
 
 1G53 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 701. Same — Child dancer — Scar on arm. — 
 
 It -was held that a child dancer was en- 
 titled to a rating for a permanent disability 
 for a scar or burn on her arm. — Yeager v. 
 Universal, etc., Co., 5 I. A. C. Dec. 131. 
 
 702. Partial permanent disability— Juris- 
 diction of commission. — Under the liberal 
 construction enjoined by section 86(a), it 
 is held that under sections 12 and 15, the 
 commission is authorized to make an award 
 for partial permanent disability where it is 
 less than ten per cent of total disability. — 
 Massachusetts, etc., Co. v. Plllsbury, 170 
 Cal. 767, 768, 151 Pac. 419. 
 
 703. Preliminary treatment — Compensa- 
 tion for period of. — Where it was necessary 
 to give the injured employee preliminary 
 treatment before undergoing an operation 
 required to cure the injury received, the 
 disability will be compensable for the en- 
 tire period, including preliminary treat- 
 ment. — Bishop v. National, etc., Co., 5 
 I. A. C. Dec. 223. 
 
 704. Damag-e to plate of false teeth not 
 compensable. — A damage to removable plate 
 of false teeth is an injury to property as 
 distinguished from a compensable injury 
 such as the knocking out of a natural tooth 
 or damage to a bridge which is attached 
 to and firmly fixed together with a part of 
 the physical structure of the mouth; and 
 the commission is without jurisdiction over 
 a controversy concerning damage to such 
 plate. — DeWitt v. California Highway Com- 
 mission, 5 I. A. C. Dec. 140. 
 
 705. Cannery employee renderlns divers 
 seasonal duties. — Where a cannery employee 
 whose employment was as forelady and also 
 at times as labeler, so as to be employed 
 continuously during the season, she was 
 held to have sustained a compensable dis- 
 ability from an injury which prevented her 
 from continuing in the occupation of label- 
 ing, though it did not prevent her from per- 
 forming her work as forelady. — Russell v. 
 Western Indemnity Co., 5 I. A. C. Dec. 111. 
 
 706. Impairment of vision due to use of 
 ■wood alcohol. — An impairment of vision due 
 to effect of wood alcohol used in cleaning 
 an apparatus used by an employee is an 
 accidental injury within the meaning of 
 section 12 of the Boynton act as it stood 
 January 1, 1914. — Fid. & Cas. Co. v. Indus- 
 trial Accident Commission, 177 Cal. 614, 
 616, L. R. A. 1918F, 856, 171 Pac. 429. 
 
 707. Release no bar to subsequently de- 
 veloping disability. — A release of all claims 
 against the insurer by an injured employee 
 on payment of an award for temporary dis- 
 ability does not bar a claim for permanent 
 disability developing subsequent to the 
 original award. — Massachusetts, etc., Co. v. 
 Industrial Accident Commission, 176 Cal. 
 488, 492. 168 Pac. 1050. 
 
 70S. A'lvard of 50 per cent compensation, 
 • — An injured shipfitter able to do light work 
 not accessible to him and not furnished by 
 his employer was awarded fifty per cent 
 compensation. — Brown v. Southwestern 
 Shipbuilding Co., 6 I. A. C. Dec. 71. 
 
 700. Compensation for vacation period. — 
 An employee, who, after sustaining a com- 
 
 pensable injury, takes his regular vacation 
 without pay, which he would have taken 
 even if he had not been injured, but at a 
 different time, should be compensated for 
 the vacation period, even though there was 
 no loss of wages during the same. — Bickel- 
 nitzky v. Acme Brewing Co., 3 I. A. C. 
 Dec. 5. 
 
 710. Employer takes employee subject to 
 existing: disability. — Employer takes an em- 
 ployee subject to his tubercular condition 
 at the time of the employment. — Cox v. 
 California, etc., Co., 5 I. A. C. Dec. 10. 
 
 711. Same — Rule not to be applied to 
 work unjustly. — The rule that the employer 
 takes the employee subject to his physical 
 condition at the time of entering his em- 
 ployment should not be applied where it 
 would be unreasonable or would work in- 
 justice. — Anderson v. De Paoli, 4 I. A. C. 
 Dec. 82. 
 
 712. Same — Impossible to determine ex- 
 tent of disability due to pre-existing condi- 
 tion. — It was held in the present case that 
 the employer takes his employee as he finds 
 him and where it is impossible to deter- 
 mine how much of the disability was due 
 to the accident and how much to pre- 
 existing conditions, it will be held that all 
 of the disability is compensable. — Rouda v. 
 Massachusetts, etc., Co., 3 I. A. C. Dec. 36. 
 
 713. Same — Injury causing disability by 
 reason of weakness from pre-existing dis- 
 eased condition. — Where a laborer sustained 
 a strain which caused no disability at the 
 time and he continued working for five days 
 and sustained another similar strain which 
 was followed by a disabling gastro-intes- 
 tinal trouble due to a pre-existing abdomi- 
 nal weakness of considerable standing, it 
 was held that only such proportion of the 
 disability as was reasonably attributable to 
 the strains was compensable. — Kibler v. 
 State, etc.. Fund, 4 I. A. C. Dec. 361. 
 
 •714. Same — When disability ascribed to 
 pre-existing condition. — Disability may 
 properly be ascribed to a pre-existing con- 
 dition or ailment, if the injury is slight and 
 the condition or ailment is known to have 
 existed at the time. — Snyder v. Pacific, etc., 
 Co., 3 I. A. C. Dec. 1. 
 
 715. Occupational disease— Police officer 
 — Flat feet and broken arches. — The em- 
 ployment of a patrolman and traffic officer, 
 requiring him to stand eight hours a day 
 in a very small space, usually on the pave- 
 ment, was held to especially expose him to 
 the danger of broken arches and flat feet, 
 and such injury after five years employment 
 arose out of and was proximately caused 
 thereby and was compensable. — Hedden v. 
 State Compensation Insurance Fund, 5 
 I. A. C. Dec. 1. 
 
 716. Same — Test of. — The test of whether 
 a disease is occupational is whether it 
 arose out of and in the course of the em- 
 ployment and it is immaterial whether in- 
 fection was unavoidable. — Adams v. State 
 of California, 4 I. A. C. Dec. 62. 
 
 717. Same — Occupation at ^vhich engaged 
 at time of injury. — The occupation to be 
 considered in making a permanent disability
 
 Act 2781 
 
 GBNRRAL. LAWS. 
 
 1G54 
 
 rating is that at which the employee was 
 eng^aeed at the time of the injury, and not 
 other and additional occupations. — Felsen v. 
 Atchison, etc., Ry. Co., 3 I. A. C. Doc. 11. 
 
 71S. UiMnlilllty oniised by Injury coni- 
 prnHnlile reRnrUlCNN of di.<intiility due to pre- 
 rxiMtiui; condition. — Wliere a mangle worker 
 su.'^taiiied an abdominal strain and a ventral 
 hernia which disabled her from work and 
 she was later found to be suffering also 
 from a disabling heart trouble which was 
 not caused by the injury or the employment, 
 it was held that the disability caused by 
 the injury was compensable, regardless of 
 tho disability due to the heart condition. — 
 Hums V. Snyder's I. X. L. Laundry, 4 I. A. C. 
 Dec. 241. 
 
 710. "Further dl-saJiHity." — Where an 
 employee returned to work three weeks 
 after the Injury and worked continuously 
 for five weeks and was then taken ill with 
 metastatic infection and boils resulting 
 from the original injury and was laid off 
 for three weeks and then returned to work 
 for two weeks, although able to do only a 
 lialf day's work, it was held that the meta- 
 static Infection was a "further disability" 
 within the meaning of section 16(c) of the 
 act. — 4 I. A. C. Dec. 101. 
 
 720. Same — AVhen dii^ability Is. — A disa- 
 bility becomes a "further disability" within 
 the meaning of the statute when it par- 
 tially or wholly prevents the injured em- 
 I>loyee from employment after he returns to 
 worlt subsequent to injury. — Kemper v. Na- 
 than-Dohrmann Co., 4 I. A. C. Dec. 101. 
 
 721. Same — New employer not liable. — 
 The facts of this case show a new and fur- 
 ther disability because of the incompletely 
 liealod fracture of the original injury, while 
 .•<frving a new employer, and it is held that 
 the original employer and not the new em- 
 rdoyer was liable for compensation under 
 the act. — Snover v. Samuels, 6 I. A. C. Dec. 
 215. 
 
 722. Same — IllindncHH from injury to eye 
 producinK cataract. — Where an employee 
 sustained an injury to his eye and after 
 medical treatment therefor returned to his 
 regular work and about a year thereafter 
 a cataract appeared which produced blind- 
 ness, it was held that said blindness con- 
 stituted a "further disability" within the 
 meaning of the act. — Lara v. Los Angeles 
 Stone Co., 4 I. A. C. Dec. 298. 
 
 723. Same — (luextion of fact. — The ques- 
 tion as to when the "further disability" un- 
 der subdivision c of section 16 commences 
 is a question of fact for the industrial ac- 
 '•ident commission to decide from the facts. 
 — Employees Credit Co. v. Industrial Acci- 
 dent Commission, 177 Cal. 46, 49, 169 Pac. 
 1001. 
 
 72.ta. Same — DeHned. — "Further disabil- 
 ity" under section 16 (c) of the act of 1913, 
 refers to any disability in addition to that 
 for which proceedings were commenced 
 within six months from the date of the in- 
 .iury, or that for which disability indemnity 
 has been paid or agreed to be paid. — Kauff- 
 man v. Industrial Accident Commission, 37 
 Cal. Ai.p. 500, 174 Pac. 690. 
 
 724. Same — Subnequent Incapacity. — 
 
 Where, after an Injury to his leg an em- 
 ployee suffered no loss of wages and re- 
 quired no medical treatment, although con- 
 stantly in some discomfort because of the 
 injury, and thereafter he became incapaci- 
 tated from work by reason of the injury, it 
 was held that the subsequent incapacity 
 was a "further disability" within the mean- 
 ing of section 16 (c) of the act of 1913. — 
 Larsen v. Sherer & Co., 4 I. A. C. Dec. 126. 
 
 725. AVhere an injury to the eye caused 
 no immediate disability beyond the wait- 
 ing period, but after eighteen months re- 
 sulted in a traumatic cataract which caused 
 permanent disability, it was held that such 
 cataract was a "further disability" within 
 the meaning of section 16 (c) of the act 
 as amended in 1915. — Ready v. City of Oak- 
 land, 4 I. A. C. Dec. 89. 
 
 726. Same — Subsequent Injury. — A "fur- 
 ther disability" not caused by the original 
 injury, but by the employee's own careless- 
 ness, and not happening in the course of a 
 subsequent employment by the same em- 
 ployer, and arising out of it, is not com- 
 pensable at all under the act. — Head Drill- 
 ing Co. V. Industrial Accident Commission, 
 177 Cal. 194, 170 Pac. 157, 5 I. A. C. Dec. 1. 
 (Scott V. Head Drilling Co., 4 I. A. C. Dec. 
 9). 
 
 6. Eartiinfjs. 
 
 727. "Neifjhl'oriiig' place" — Transitory 
 occupation. — In view of the transitory na- 
 ture of the occupation of a bricklayer, the 
 term "neighboring place" as used in sub- 
 division (2) section 17 (a) of the act of 
 1913, should be construed to include the 
 various localities within the territory con- 
 tiguous to the place where the deceased em- 
 ployee was working at the time of his 
 death. — Roche v. Gilson, 5 I. A. C. Dec. 95. 
 
 728. "Days when so employed.'' — The 
 phrase "days when so employed" in section 
 17a (1) refers to the number of days during 
 which the employee was actually engaged 
 in work, and not to the number of working 
 days during which he might have been ex- 
 pected to work. — Frankfort G. Ins. Co. v. 
 PiD.'^bury, 173 Cal. 56, 59, 159 Pac. 150. 
 
 72}>. "Rate of wasres." — "Rate of wages" 
 referred to in subdivision 4 of section 12 
 (a) of the act of 1917, means the daily 
 rate. — Mitchell v. Langley and Livingston, 
 6 I. A. C. Dec. 188. 
 
 730. Averase earningrs — Standard waives. 
 — In view of section 17, subdivision 2 of the 
 act of 1913, an award of compensation on 
 a basis of $4.50 per day, to a painter em- 
 ployed at 12.50 per day, for injuries sus- 
 tained two days after he was employed, 
 is not open to review, where it appeared 
 that $4.50 was the standard wage scale for 
 painters in that locality. — Hickox v. Indus- 
 trial Accident Commission, 35 Cal. App. 403, 
 169 Pac. 1048. 
 
 7.31. Averase annual earning:s — Salary 
 dennitely fixed. — The average annual earn- 
 ings of a deceased employee are to be com- 
 puted in accordance with the terms of 
 section 17(a)(2) and not under the provi- 
 sions of section 17 (&) (1) where his salary
 
 1655 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 is definitely fixed and his employment not 
 for a portion of the year hut for all the 
 year around, although at the time of his 
 death he was not working in the employ- 
 ment substantially the whole of the year 
 immediately preceding death. — Northern 
 etc., Co. V. Industrial Accident Commission, 
 34 Cal. App. 2, 166 Pac. 828, 4 I. A. C. Dec. 
 173. 
 
 732. Same — Salary not definitely fixed. — 
 Under the provisions of section 17 (a) (2) 
 of the act, where the wage or salary of the 
 deceased employee working in the class re- 
 ferred to by such subdivision has not been 
 definitely agreed to and fixed, the wage or 
 salary of an employee of the saine class, 
 who had worked at the same or similar 
 kind of employment substantially the whole 
 of the year immediately preceding the 
 death of the employee, earned during the 
 days when so employed, should be adopted 
 as the basis of computation. — Northern, 
 etc., Co. V. Industrial Accident Commission, 
 34 Cal. App. 2, 166 Pac. 828, 4 I. A. C. Dec. 
 173. 
 
 733. Same — Earnings of others similarly 
 employed. — The average annual earnings 
 upon which a death benefit for the death of 
 a bricklayer was computed upon the basis 
 of the average daily earnings of other 
 bricklayers, as provided in subdivision (2) 
 of section 17 (a), instead of upon the aver- 
 age annual earning capacity of the de- 
 ceased employee, as provided in subdivision 
 (3) of that section. — Roche v. Gilson, 5 
 I. A. C. Dec. 95. 
 
 734. Same — School teacher. — A school 
 teacher engaged to teach on five days per 
 week for a term of ten months of the year 
 at an annual salary is not employed sub- 
 stantially the whole year and her average 
 annual earnings computed under section 17 
 (a) (3) of the act are the amount of her 
 salary for the year. — Hoag v. Elk Grove, 
 etc., District, 4 I. A. C. Dec. 70. 
 
 73.5. Same — Intermittent character of 
 ■ivork. — Where an award of the commission 
 for injuries received by an employee of a 
 contractor, while engaged in cleaning a 
 roof, was fixed by the commission at 300 
 times his daily wage and it was shown that 
 his employment was occasional and irregu- 
 lar, and that neither himself nor any other 
 person was employed steadily at it, the 
 award was erroneous. — Mahaffey v. Indus- 
 trial Accident Commission, 54 Cal. Dec. 740, 
 4 I. A. C. Dec. 368. 
 
 736. Same — Act contemplates steady and 
 permanent employment— "Where not shoTvn 
 1o exist. — Both subdivisions 1 and 2 of sec- 
 tion 17 of the act contemplate steady and 
 permanent employment and the amount of 
 average annual earnings Is fixed accord- 
 ingly at 300 times the daily wage, but where 
 this kind of employment is not shown to 
 exist, the case falls within subdivision 3, 
 under which the annual earnings are to be 
 taken as the sum which w^ill "reasonably 
 represent the average annual earning ca- 
 pacity" of the employee "in the kind of em- 
 ployment in which he w^as then working, or 
 in any employment comparable therewith, 
 
 but not of a higher class." — Mahaffey v. In- 
 dustrial Accident Commission, 54 Cal. Dec. 
 740, 4 I. A. C. Dec. 36'8. 
 
 737. Same — Seven day a week employee. 
 — Under the act, where an injury occurred 
 to an employee who labors seven days a 
 week, resort is to be had to subsection 17 
 (a) (3) of the act, in computing the aver- 
 age annual earnings and not to either sub- 
 sections 17 (a) (1) or 17 (a) (2) which re- 
 quired the use of the multiplier 300. — City 
 of Los Angeles v. Industrial Accident Com- 
 mission, 25 Cal. App. Dec. 100, 4 I. A. C. 
 Dec. 227. 
 
 738. Same-^Neither entployee nor any 
 other ■working at the employment two hun- 
 dred and sixty days in year. — Where an ap- 
 plicant for compensation did not work two 
 hundred and sixty days during the year 
 preceding the injury, as a theatrical stage 
 electrician and there was no evidence that 
 any one else did, neither subdivision 1, 2 
 nor 3 of section 12 (a) of the act of 1917 ap- 
 plied, but his average earnings must be 
 determined under the provisions of sub- 
 division 4 of that section. — Mitchell v. Lang- 
 ley and Livingston, 6 I. A. C. Dec. 188. 
 
 739. Same — Carpenter's per diem tvagres 
 taken, where no carpenter in neighborhood 
 worked whole year. — Where a carpenter had 
 been working for three months, six days in 
 the week at $4.00 a day, and had been work- 
 ing as a carpenter for several years and 
 it did not appear whether such work con- 
 tinued substantially for the whole year in 
 that neighborhood, it was held that his 
 average annual earnings should be com-, 
 puted undtr section 17 (a) (3) on the basis 
 of the carpenter's average annual earning 
 capacity and thus computed were fixed at 
 $1200. — Hardwick v. Armstrong, etc., Co., 4 
 I. A. C. Dec. 109. 
 
 740. Same — Where employee worked 364 
 days in year. — Where the evidence showed 
 that the employee had worked for the em- 
 ployer an average of 364 days a year dur- 
 ing the three years immediately preceding 
 his injury, it was held the average annual 
 earnings in the manner prescribed by sub- 
 section 3 of section 17 (a) of the act of 1913, 
 and not by that of subsections 1 and 2 of 
 the same section. — Western Indemnity Co. 
 V. Neill. 5 I. A. C. Dec. 91. 
 
 741. Same — "Occasional jobs." — Subdivi- 
 sion 3 of section 17, and not subdivisions 1 
 and 2 (Stats. 1915, p. 1087), provides the 
 basis for the computation of an injured em- 
 ployee who took "occasional jobs" from the 
 contractor in whose service he was injured. 
 — Mahaffey v. Industrial Accident Commis- 
 sion, 176 Cal. 711, 171 Pac. 298. 
 
 742. Same — - Earning's in other occupa- 
 tions. — When the earnings of a student 
 motorman in other occupations were in ex- 
 cess of wages paid him at the time of his 
 injury, they can not be considered in com- 
 puting his average earnings at the time of 
 the injury under section 12 (a) (4), but un- 
 der section 12 (a) (2) his average weekly 
 earnings should be based upon the earnings 
 of regular motormen, since he was at the 
 time of his injury an employee of the same
 
 Act 2781 
 
 GENERAL. LAWS. 
 
 1G50 
 
 class as a regular motorman, who worked 
 two hundred and sixty days of the year pre- 
 ceding the injury. — Boyce v. Pacific G. & E. 
 Co., 6 I. A. C. Dec. 147. 
 
 743. Same — Weekly earnlnsr« at normal 
 ^atreM. — Where the normal wages of a 
 teamster do not exceed three dollars per 
 day, and an injured employee, under an 
 agreement to share earnings, less cost of 
 feeding team, earned an average of five dol- 
 lars per day, his average weekly earnings 
 should be computed according to the method 
 provided by section 12 (a) (4). — Heironimus 
 V. California, etc., Co., 6 I. A. C. Dec. 19. 
 
 744. Same — .Vverage earninifs of election 
 clerk. — The average annual earnings of an 
 election clerk were computed on the aver- 
 age of the daily earnings of an employee in 
 a similar employment under the provisions 
 of section 17 (a) (2). — Meehan v. City of 
 Los Angeles. 4 I. A. C. Dec. 52. 
 
 745. Same — Part of wagci under bonus 
 ityatem. — Where the deceased employee re- 
 ceived a certain per cent of his wages un- 
 der the bonus system during the last three 
 months of the year preceding his fatal in- 
 jury, it was held that under the provisions 
 of section 12 (a) of the act of 1917, his aver- 
 age annual earnings should be computed by 
 adding to the weekly average of the rate 
 of pay the average of the bonus received 
 during the period the bonus system was in 
 existence. — Standley v. Pacific Coast Steel 
 Co., 5 I. A. C. Dec. 130. 
 
 746. Same — Overtime. — In computing the 
 average earnings of an injured employee, 
 i.he overtime earned during the few days 
 next preceding the injury was included. — 
 Charley v. Hammond Lumber Co., 5 I. A. C. 
 Dec. 192. 
 
 747. Same — Variations in wages — Wages 
 for last t^\o months taken. — Where the rate 
 of daily pay increased during the year pre- 
 ceding the injury, the amount of compensa- 
 tion is computed by taking the average of 
 all wages received during the last two 
 months when the highest wage was paid.— 
 .lacobson v. United Railroads, etc., 5 I. A. C. 
 Dec. 195. 
 
 748. Same — Same — Wages received at 
 time of injury. — The wages of a machinist 
 increased at various intervals, the last in- 
 crease having been two months prior to his 
 injury are held not to have been irregular 
 within the meaning of subdivision (3) of 
 section 12 (a) of the act of 1917 and his 
 average annual earnings should therefore 
 be determined according to the provisions 
 of subdivision (1) of that section, that is on 
 the basis of the wages which he was receiv- 
 ing at the time of his injury. — Spillane v. 
 Cyclops Iron Works, 5 I. A. C. Dec. 98. 
 
 749. Same — Same — Method of computa- 
 tion. — Where the rate of pay of a deceased 
 employee varied during the year preceding 
 his injury and death and was therefore ir- 
 regular, the computation provided by the 
 first three months prescribed in section 12 
 of the act of 1917 can not be reasonably and 
 fairly applied, and his average weekly earn- 
 ing capacity was ascertained by taking the 
 product of the total number of hours worked 
 
 during the year at the yearly rate received 
 at the time of the Injury, plus a bonus re- 
 ceived during the year, and the same divided 
 by 52. — Griiidell v. Maryland Casualty Co., 
 5 I. A. C. Dec. 193. 
 
 7.'»0. Same — Employee under t^venty-one 
 — Expected increase not considered. — Aver- 
 age annual earnings of a person, under 
 twenty-one years of age, shown to be earn- 
 ing $15 per month, for five days work after 
 school, and Saturday, full day, and that 
 after graduation from high school, six 
 months before he would reach his majority, 
 he would then be able to work full time at 
 .$4.00 to $5.00 per day, would be computed 
 at the normal figure, under the condition of 
 the business existing at the time of the in- 
 jury, the expected increase pertaining solely 
 to applicants personal circumstances and 
 not due to the characteristics of the busi- 
 ness. — Rodey v. Marshall, etc., Fund, 6 
 I. A. C. Dec. 2. 
 
 751. Same — Same-^Based on conditions at 
 time of injury. — In computing compensation 
 for the permanent disability of an employee 
 under 21 years of age, the probable wages 
 after attaining 21 years, are to be based 
 upon conditions at the time of the injury. — 
 Henneberry v. Union Iron Works, 5 I. A. C. 
 Dec. 158. 
 
 See Claremont C. Club v. Industrial Ace. 
 Com., 174 Cal. 395, 399, 163 Pac. 209. 
 
 752. The probable wages of an employee 
 under 21 years of age are based upon con- 
 ditions at the time of the injury. — Quilien v. 
 Pennington Sons, 5 I. A. C. Dec. 135. 
 
 753. Same — Same — Expected increase may 
 be considered. — In awarding compensation 
 to a minor permanently injured it is proper 
 for the Industrial Accident Commission, sup- 
 porting the provisions of section 17, work- 
 men's compensation act, to take into con- 
 sideration the increased wage which a 
 minor may be fairly expected to earn after 
 reaching the age of twenty-one. — Clare- 
 mont C. Club V. Industrial Ace. Com., 174 
 Cal. 395, 399, 163 Pac. 209. 
 
 7.'»4. Same— .Same — Probable wage after 
 majority may not be considered. — The com- 
 mission has no power under section 17(c) of 
 the act of 1913, to award compensation to an 
 employee a few months under twenty-one, 
 on the basis of his probable wages aftc 
 reaching twenty-one. — Hyman, etc., Co. v. 
 Industrial Accident Commission, 180 Cal. 
 423, 181 Pac. 784 (Weiss v. Hyman, etc., Co., 
 6 L A. C. Dec. 71). 
 
 See Claremont C. Club v. Industrial Acci- 
 dent Commission, 174 Cal. 395, 399, 163 Pac. 
 209. 
 
 7.'>5. The commission had no po^ver under 
 section 17(c) of the act of 1913 to award 
 compensation to an injured employee under 
 twenty-one upon the basis of his probable 
 earnings within a reasonable time after at- 
 taining the age of twenty-one. — Western 
 Pacific Rd. Co. v. Industrial Accident Com- 
 mission, 180 Cal. 416, 181 Pac. 787 (Dean v. 
 Western Pacific, etc., Co., 5 I. A. C. Dec. 168, 
 245). 
 
 See Claremont C. Club v. Indu.strial Acci-
 
 IG57 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 ■lent Commission, 174 Cal. 395, 399, 163 Pac. 
 209. 
 
 756. Same — Newsboy selling both morn- 
 ing: and afternoon papers for different em- 
 ployers^Average earnin{?s. — Where a news- 
 boy sells morning and afternoon papers for 
 different publishers, his compensation for 
 injury sustained while selling morning 
 papers is based upon average earnings from 
 sale of both morning and afternoon papers. 
 — Servel v. Chronicle Publishing Co., 6 
 I. A. C. Dec. 23. 
 
 757. Same — Full earning^s in excess of 
 mnximnm. — Where an employee's full earn- 
 ings exceeded the maximum, he was held 
 to be entitled to compensation for partial 
 disability in an amount 65 per cent of the 
 difference between his pay during partial 
 disability and the maximum average of 
 weekly earnings. — Roney v. Ne Page, etc., 
 Co., 5 I. A. C. Dec. 129. 
 
 758. Same — Cannery employee at divers 
 seasonal duties. — Where a cannery employee 
 was employed continuously in divers sea- 
 sonal duties and suffered a disability which 
 prevented her from the performance of one 
 of these classes of duties, but not in the 
 other, it was held that her average annual 
 earnings should not be limited to her earn- 
 ings in the particular work she was en- 
 gaged in at the time of her injury, but 
 should include all her earnings throughout 
 the year in her employment at the cannery. 
 — Russell v. Western Indemnity Co., 5 
 I. A. C. Dec. 111. 
 
 759. Same — Bricklayer as volunteer fire- 
 man. — When a volunteer fireman rendered 
 service as such only when occasion re- 
 quired, and at other times engaged in his 
 regular occupation as a bricklayer, it was 
 held that his average annual earnings 
 should be determined on the basis of his 
 earnings as such fireman and not on his 
 earnings as bricklayer. — Gilmore v. City of 
 Whittier, 5 I. A. C. Dec. 58. 
 
 760. Same — Machinist earning; wases as 
 musician. — Where an injury sustained by a 
 machinist results in the loss of his ability 
 to play and teach the violin, whereby he 
 earned considerable in addition to his 
 wages as a machinist, it was held that 
 such additional earnings must be clisre- 
 garded in computing his average annual 
 earnings, since the act contemplates an im- 
 position of compensation only upon the 
 basis of earnings in the industry in which 
 the injury occurs. — Felsen v. Atchison, etc., 
 Ry. Co., 3 I. A. C. Dec. 11. 
 
 761. Same — A^'^here no remuneration — 
 Computed at minimum. — Where there is no 
 remuneration from which the amount of 
 compensation may be computed under this 
 act, it will be computed at the prescribed 
 minimum. — Noyes v. City of Eureka, 5 
 I. A. C. Dec. 163. 
 
 762. Same — "Working as typist for two 
 employers — Entive wages. — Where an in- 
 jured employee worked for two employers 
 as a typist, the disability indemnity rate 
 for an injury sustained by her should be 
 computed on the basis of her earnings from 
 
 both employers. — O'Connell v. Blum's Ad- 
 vertising Agency, 6 I. A. C. Dec. 225. 
 
 763. Same — Two employers — Entire 
 Tvages. — Wliere a joint employee of two 
 railroads, one of which was not within the 
 jurisdiction of the commission, was injured, 
 it was held that his compensation should 
 be computed on his entire wages from both 
 companies, for w^hich the company not in 
 interstate commerce should be liable al- 
 though said company paid only one-half 
 his wages. — Robinson v. San Francisco, etc.. 
 Railways, 5 I. A. C. Dec. 138. 
 
 764. Same — Night watchman — Several 
 employees. — Where a night watchman was 
 employed by, a corporation for a portion of 
 his time, and was killed while in such em- 
 ploy, an award for a death benefit against 
 such corporation was properly made, al- 
 though employed under separate contracts 
 in the same capacity by five other corpo- 
 rations; and the amount of the award was 
 properly based upon his earnings in the 
 aggregate from all his employers, instead 
 of his earnings from the employer against 
 whom tlie award was made. — Western Metal 
 Supply Co. V. Pillsbury, 72 Cal. 407, 418. 
 Ann. Cas. 1917E, 390, 156 Pac. 491, 3 I. A. C. 
 Dec. 109 (Mason v. Western Metal Supply 
 Co., 1 I. A. C. Dec. 284). 
 
 765. Same — "Waiter's tips and allo'»vance 
 for board, etc., considered. — The commis- 
 sion in estimating the compensation of a 
 waiter in a hotel, may take into considera- 
 tion the amount received in tips at the time 
 of the injury as well as his regular wage 
 and a proper allowance for board, etc. — 
 Hartford, etc., Co. v. Industrial Accident 
 Commission, 28 Cal. App. Dec. 1374, 183 
 Pac. 234. 
 
 766. Same— Student nurse^Value of in- 
 struction not considered. — In computing the 
 compensation of a student nurse for in- 
 juries received in the course of her em- 
 ployment as such, it was held that no value 
 is to be given to the instruction received by 
 her. — Burroughs v. Santa Barbara Cottage 
 Hospital, 5 I. A. C. Dec. 175. 
 
 767. Same — AVages definitely fixed. — 
 Where a deceased employee's wage or sal- 
 ary is definitely fixed, no necessity exists 
 for further testimony of such fact. — North- 
 ern, etc., Co. V. Industrial Accident Com- 
 mission. 34 Cal. App. 2, 166 Pac. 828. 4 
 I. A. C. Dec. 173. 
 
 4. Dependency, 
 
 768. "Member of the family." — The words 
 "m'ember of the family" in section 19 (c> 
 of the act, do not include a woman living 
 in the illicit relationship of wife of an em- 
 ployee. — Pollock V. Wagner Leather Co., 3 
 I. A. C. Dec. 37. 
 
 760. "For who.se support such husband 
 was legally liable.'' — Where, at the time of 
 his death, a laborer was supporting his 
 wife in Spain by remittances during the 
 two years of his absence from her, it was 
 held that she -was entitled to the presump- 
 tion of total dependency by reason of the 
 amendment of the act. effective August S. 
 1913, conferring the right to such presuir.p-
 
 Act 2781 
 
 GENERAL. LAWS. 
 
 ICSS 
 
 tion on a widow "for whose support such 
 husband was legally liable." — Lopez v. Fre- 
 mont, etc., Co., 3 I. A. C. Dec. 31. 
 
 770. Partial dependency — ''.Vnnunl aiuouut 
 ilevoicd." — The term "annual amount de- 
 voted" Is to be interpreted under section 
 9 (c) (2) and 14 (b) of the act of 1917. as 
 the actual amount contributed during: the 
 year precedine the injury, irrespective of 
 any increase of earnings during the course 
 of such year enabling the contributor to 
 enlarge the amount of support at a rate 
 which would have been continued had there 
 been no injury. — Schaffer v. Moore Ship- 
 building Co.. 6 I. A. C. Dec. 198. 
 
 771. Same — Income from property lean 
 than expense thereof. — The dependency 
 upon an employee is partial, where such 
 dependent received, in addition to the em- 
 ployee's contributions, certain income from 
 property which was less than the expense 
 thereof, and from the income from both 
 sources paid her living expenses and pur- 
 chased certain real estate. — Anderson v. 
 Union Iron Works. 6 I. A. C. Dec. 42. 
 
 772. Snnie — Rate where enrnlnsTH covered 
 portion of jenr. — Where earnings have been 
 made only during a portion of the preced- 
 ing year, the contributions for the whole 
 year are estimated at the same rate as 
 for the entire period of actual contribu- 
 tion. — Schaffer v. Moore Shipbuilding Co., 
 5 I. A. C. Dec. 198. 
 
 77.1. Same — Recelvlnjf money for room 
 rent In lioiixe rented by employee. — Where, 
 with the exception of a small amount per 
 month received as room rent from lodgers 
 in the house occupied by the family, the 
 deceased employee paid all the living ex- 
 penses of his mother and sister, including 
 the rent of the house occupied by thorn, it 
 was held that the fact of receiving money 
 as room rent did not render the dependency 
 only partial but that the mother and sister 
 were totally dependent upon the deceased 
 for support. — Corbitt v. Moore & Co., 4 
 I. A. C. Dec. 380. 
 
 774. Snme — Where hoth father and aon 
 contributed. — A father and mother were 
 only partially dependent on a son for sup- 
 port, where the latter lived at home, and 
 habitually gave his mother his pay check, 
 and occasionally received small amounts 
 for his own use, and the earnings of the 
 father and son were used for the support 
 of family, and a small monthly payment on 
 a mortgage on the home. — Wilson v. South- 
 ern, etc., Co., 6 I. A. C. Dec. 106. 
 
 77!i. Snme — Part nnpport from Income of 
 own property. — Where the applicant was 
 partly supported by the contributions of 
 the deceased employee and partly by In- 
 come from her own property, it appeared 
 that she had deposited In a savings bank 
 the amount of the contribution received 
 from such deceased employee. It was held 
 that in determining the amount of the 
 death benefit, the amount of the banked 
 deposits should not be considered but that 
 the savings should be treated as thoutjh 
 
 derived entirely from the personal income. 
 — Dunn v. Johns-Manville Co., 6 I. A. C. 
 Dec. 205. 
 
 77(t. Snme — Contriliutiona for entire 
 year not necewnary. — It Is not necessary In 
 a case of partial dependency that the de- 
 ceased employee should have contributed 
 to claimant's support for a year, and the 
 annual amount provided by section 15(c)(2) 
 of the act of 1913 may exceed the amount 
 actually contributed during the year. — 
 Sharon v. Bornstein, 5 I. A. C. Dec. 70. 
 
 777. Same ^ Contributions not conntant. 
 — Where the contributions made by a de- 
 ceased employee have not been constant, 
 either in amounts or times of payment, but 
 fluctuated during the year preceding his 
 demise, the determination of the "annual 
 amount" rests largely In the discretion of 
 the commission based upon the evidence, 
 and is not subject to review If there is any 
 evidence to support it. — Popst v. Industrial 
 Accident Commission (Cal. App.), 192 Cal. 
 296. 
 
 77.S. Dinposition of benefit — Need* of de- 
 pendentix. — The question what disposition in 
 any particular case is in proportion to the 
 respective needs of the dependents and l.s 
 just and equitable is one of fact, the deter- 
 mination of which is committed to the dis- 
 cretion of the commission. — Perry v. Indus- 
 trial Accident Commission, 176 Cal. 706, 710, 
 169 Pac. 353. 
 
 77!). Mother of family of illegitimate 
 children. — Where a woman cohabits witli a 
 man for a long period of years, and is the 
 mother of a family of children by suth man, 
 but was not the wife of such man, but of 
 one who had previously deserted her, and 
 such woman and family are in fact totally 
 dependent on such man, it was held that 
 such woman is not entitled to the presump- 
 tion of total dependency accorded a wife. — 
 Pollock V. Wagner Leather Co., 3 I. A. C. 
 Dec. 37. 
 
 750. Maintenance of child — Amount 
 father ordered to pay. — It is competent for 
 the commission to determine as a matter of 
 fact that the father was liable for the main- 
 tenance of the child where it finds upon com- 
 petent evidence that the sum which he was 
 ordert'd to pay was fully sufficient for its 
 entire support. — Robert Sherer & Co. v. In- 
 dustrial Accident Commission (Cal.), 188 
 Pac. 797. 
 
 751. Source of earniuK'N not c«in»I«lered. — 
 The source of earnings contributed to a de- 
 pendent will not be considered by the com- 
 mission, and where the earnings of a 17- 
 yoar-old boy contributed to his mother's 
 support were obtained, after he had escaped 
 from the state reform school, the source of 
 such contributions will not bar the mother'.s 
 right to a death benefit, and this notwith- 
 standing such commitment and assumption 
 of guardianship by the state. — Silva v. Red 
 River Lumber Co., 5 I. A. C. Dec. 190. 
 
 752. Repnymenta of debt, not contribn- 
 tlonn. — Repayments of debt do not constitute 
 contributions for the support of dependent 
 to b« considered in fixing the compensation
 
 1659 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 of such dependent. — Beacom v. Miller & Lux, 
 Inc., 6 I, A. C. Dec. 61. 
 
 7S3. Claims of nonresident dependents- 
 Policy of commission. — In dealing- with 
 death benefit claims by nonresident depend- 
 ents, it is the policy of the commission to 
 require at least some testimony as to con- 
 tributions for support to be corroborated 
 by documentary evidence of remittances. — 
 Claudio V. California, etc., Ry. Co., 3 I. A. C. 
 Dec. 7. 
 
 784. Support of nonresident wife — Im- 
 prisonment of husband. — Failure of an Ital- 
 ian resident in this state to remit contribu- 
 tions for his wife's support during a year's 
 imprisonment and for six months after, is 
 not inconsistent with the fact of total de- 
 pendency of his nonresident wife, where he 
 had previously made remittances, and there 
 is no affirmative evidence of an intent, dur- 
 ing the period of nonremittances, to sever 
 family relations. — Claudio v. California, etc, 
 Ry. Co., 3 I. A. C. Dec. 7. 
 
 7S5. Same — Presumption of partial sup- 
 port. — Although a wife in Italy has been 
 supported for seven years by contributions 
 from her husband in this country, she will 
 be presumed to be only partially dependent 
 on him at the time of his death, one and 
 one-half years, after the seven year period, 
 if during such one and one-half years he 
 made no remittance, and she was living 
 with three adult children at least two of 
 whom were presumably able to support her. 
 — Claudio v. California, etc., Ry. Co., 3 
 I. A. C. Dec. 7. 
 
 786. Same — Presumption tliat husband 
 and Avife ivere "living- together." — Evidence 
 that an Italian resident in this state sent 
 $140 to his wife in Italy during 1912, and 
 .$40 in the following February, and after 
 eleven months' imprisonment resumes work 
 and is killed in June, 1914, without having 
 made any further remittance to his wife, is 
 insuflicient, without other evidence, to sup- 
 port a conclusive presuniption that the hus- 
 band and wife were "living together" within 
 the meaning of the act. — Claudio v. Cali- 
 fornia, etc., Ry. Co., 3 I. A. C. Dec. 7. 
 
 787. The commission ■will entertain no 
 conclusive presumption, that a wife, resi- 
 dent abroad, and for nine years separate 
 from her husband, is "living with" him, 
 within the meaning of section 19 (a) (1) 
 of the act of 1913, in the absence of suflficient 
 evidence of regular and substantial contri- 
 butions by him tending to show an intent 
 to renew family relations. — Claudio v. Cali- 
 fornia, etc., Ry. Co., 3 I. A. C. Dec. 7. 
 
 7SS. Nonresident wido^v in Spain— "Liv- 
 ing -with" husband employee. — Where up to 
 the time of his death a laborer has by means 
 of remittances been supporting his wife 
 who, during two years of his absence from 
 her had remained in the foreign country of 
 their b"irth, it was held that she was "living 
 with" him at the time of his death within 
 the meaning of section 19 of the act. — Dopez 
 V. Mourenzae, 3 I. A. C. Dec. 31. 
 
 789. Nonresident ^vidow in Italy — "Liivins' 
 »vith" husband employee. — Where the intent 
 
 of the deceased employee was to re-unite 
 with his wife, separated from hir» for a 
 period of three years, either in California or 
 Italy, it was held that she was living with 
 him at the time and because of such fact and 
 also because of such actual support, such 
 widow was entitled to a death benefit as a 
 total dependent. — Petrucci v. The Red River, 
 etc., Co., 3 I. A. C. Dec. 40. 
 
 IX. Payment of Compensation. 
 
 790. Set-off against amount awarded. 
 
 791. Payment of compensation by car- 
 
 rier. 
 
 792. Reduction for serious and wilful 
 
 misconduct. 
 
 793. Paj'ment of "scrip" is payment of 
 
 compensation. 
 
 794. Payment of full wages during por- 
 
 tion of period of disability. 
 
 795. Payment of full wages for full 
 
 services, before expiration of par- 
 tial disability period. 
 
 796. Payment of full wages to employee 
 
 working on half pay. 
 797- 802. Payment of wages as part com- 
 pensation. 
 803. Same — Absence of agreement. 
 
 790. Set-offl against amount a'»varded. — 
 
 The amount of an award for compensation 
 must be paid whether the employee owes 
 money to the employer or not. — Manford v. 
 Carstenbrook, 3 I. A. C. Dec. 21. 
 
 791. Payment of compensation by carrier. 
 
 — The payment of compensation by the in- 
 surance carrier is payment in behalf of the 
 employer in discharge of the employer's lia- 
 bility. — Prandsen v. Llewellyn Co., 3 I. A. C. 
 Dec. 23. 
 
 792. Reduction for serious and wilful 
 misconduct. — The compensation of an in- 
 jured employee, which he would ordinarily 
 have received, will be reduced in half when 
 such injury is a result of his own serious 
 and willful misconduct but such reduction 
 will affect the number but not the amount 
 of the weekly installments. — Solari v. Theo- 
 dore Pappas, George Pappas, Harry Demas 
 and Gus Demas, 5 I. A. C. Dec. 180. 
 
 793. Payment of "scrip" is payment of 
 compensation. — Where an employer paid to 
 the injured employee "scrip" as money for 
 living expenses and such "scrip" was ac- 
 cepted as money, it was held that such pay- 
 ment of "scrip" constituted payment of 
 compensation and that therefore the appli- 
 cation was not barred by the statute of lim- 
 itations. — Guerrero v. Red River, etc., Co., 
 5 I. A. C. Dec. 117. 
 
 794. Payment of full wages during por- 
 tion of period of disability. — Where during 
 the first five weeks of total disability fol- 
 lowing the injury, the applicant received 
 full wages from his employer, and during 
 the next six weeks of total disability re- 
 ceived more than 65 per cent of his earn- 
 ing.s. it was held that the full sum paid be 
 not treated as 100 per cent compensation 
 during the five weeks, but the whole sum 
 paid be credited in full on whatever sum
 
 Aft 2781 
 
 GENERAL, L,AT\^S. 
 
 1C60 
 
 is awarded to the applicant.— Ramirez v. 
 Binkley & Wayne, 3 I. A. C. Dec. 33. (See. 
 also, Cypher v. United Development Co., 1 
 I A. C. Dec. 425, and Turner v. City of 
 Santa Cruz. 2 I. A. C. Dec. 917.) 
 
 795. Payment of full wagres for full serv- 
 icoH, before expiration of partial disability 
 period.— Where an injured employee is 
 awarded compensation for a permanent par- 
 tial disability, and returns to work, per- 
 forming full service, at full pay before the 
 weekly payments expired, it was held that 
 the employer was not entitled to credit on 
 the award with any part of the wages re- 
 ceived by the employee for such service. — 
 Wray v. P. P- I. E. Co.. 3 I. A. C. Dec. 6. 
 
 796. Payment of full -wages to employee 
 ivorking on half pay. — Payment of full 
 wages to partially disabled employee, work- 
 ing on half pay, held to be payment of par- 
 tial disability indemnity, for which the 
 employer is entitled to reimbursement from 
 the insurance carrier. — Tucson v. York, etc., 
 Co., 6 I. A. C. Dec. 110. 
 
 797. Payment of wages as part compen- 
 sation. — Where the employer pays full 
 wages after the injury, and the commission 
 deems such payment as compensation, he 
 will receive credit on the claim for compen- 
 sation for the total amount paid, less 65 per 
 cent as full disability indemnity. — Oders v. 
 Great Western, etc., Co., 6 I. A. C. Dec. 95. 
 
 798. Where an industrial tlisability was 
 permanent and involved a fixed indemnity 
 based upon the degree of permanent disa- 
 bility and not upon the length of time the 
 ■employee was disabled, the defendant was 
 entitled to credit on the permanent partial 
 disability indemnity for the amount of 
 wages paid during temporary disability 
 rather than for the time such wages were 
 paid. — Brown v. San Francisco, 6 I. A. C. 
 Dec. 261. 
 
 799. Full wages paid to an Injured em- 
 ployee, should be considered as of disability 
 indemnity, regardless of the motive of his 
 employer in paying the same. — Angier v. 
 First National Bank, 6 I. A. C. Dec. 156. 
 
 SOO Full wages paid injured employee, 
 ^nd deemed compensation for injuries, 
 jshouid be considered as indemnity at the 
 rate of 100 per cent of the earnings rather 
 »:han 65 per cent of the average weekly 
 earnings, and the insurance carrier was 
 entitled to credit for the period covered by 
 the payments rather than the actual amount 
 thereof. — Angier v. First National Bank. 6 
 I. A. C. Dec. 156. 
 
 801. Payments of full wages during tem- 
 porary total disability, should be credited 
 upon the amount of partial permanent dis- 
 ability compensation, and not as 100 per 
 cent of total disability compensation for the 
 temporary period. — Francis v. Shephard, 6 
 I. A. C. Dec. 124. 
 
 802. Where an applicant was working at 
 light work for full wages, the payments 
 must be considered, in the absence of special 
 circumstances, as wages, and not as part 
 
 compensation, and the statute is not tolled. 
 — Enoidi v. Standard Oil Co., 6 I. A. C. Dec. 
 124. 
 
 80.1. Same — Absence of agreement. — In 
 
 the absence of a showing that there was an 
 agreement or understanding between an 
 employee and his employer that the full 
 pay he received after returning to work 
 after his injury, or any portion thereof, was 
 to be in the nature of compensation for 
 such injury, or that the work he performed 
 was unsatisfactory to his employer, or thai 
 the compensation he received was more 
 than his services were worth, it can not be 
 held that the mere fact that the employer 
 permitted the employee to return to his old 
 position at full pay and to continue therein 
 for several months, could give rise to the 
 claim that a portion of such pay was in 
 the nature of compensation for his injuries. 
 — Hunt v. Industrial Accident Commission, 
 30 Cal. App. Dec. 45. 185 Pac. 215, 6 I. A. C. 
 Dec. 154. 
 
 X. Practice and Peoceditre. 
 
 1. Jurisdiction, a. In general. 
 804. Commission exercises judicial func- 
 tions. 
 
 805. Jurisdiction- 
 of act. 
 
 -Liberal construction 
 
 806. Commission has no general juris- 
 
 diction. 
 
 807. Jurisdiction of commission is de- 
 
 rived from the act. 
 
 808, 809. Enforcement of liability against 
 
 other than employer. 
 
 810. Same — Subject to annulment — Not 
 
 incurably void. 
 
 811. Reimbursement of funeral expenses 
 
 advanced by third person. 
 811a. Eeimbursement for funeral ex- 
 penses — No application. 
 
 812. Injury to employee of sub-con- 
 
 tractor where original contractor 
 is not liable. 
 
 813. Power to determine question of 
 
 jurisdiction after apparent bar 
 of statute. 
 
 814. Consent can not confer jurisdiction. 
 
 815. Where jurisdiction conceded, facts 
 
 should be interpreted in support 
 of. 
 815a. Liability of insurer. 
 
 816. Eequiring large corporation to de- 
 
 posit security not abuse of dis- 
 cretion. 
 
 816a. Same — Jurisdiction of employer is 
 jurisdiction of carrier. 
 816b, 816e. Same — Controversy between em- 
 ployer and carrier. 
 
 816d. Same — Power to determine all ques- 
 tions of law and fact. 
 
 816e. Power to determine validity of in- 
 surance policy. 
 
 816f. Power to determine question of 
 "wilful misconduct." 
 
 816g. Lack of legal authority to file ap- 
 plication. 
 
 816h. Same — Consul of Bussia — Treaty 
 relations. 
 
 816i. Same — Alien enemy.
 
 1661 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 816j. Reconsideration must be upon same 
 facts — Denial of rehearing. 
 
 816k. Award void on its face — Collateral 
 attack. 
 
 816 1. Unauthorized award — Lack of ju- 
 risdiction — Collateral attack. 
 
 816m. Physician's claim for services. 
 
 816n. Committee performing govern- 
 mental functions. 
 
 6. Interstate commerce. 
 817, 818. Nature of employment — Question of 
 
 law where facts admitted. 
 819, 820. Federal employer 's liability act — 
 
 Decisions of U. S. courts control. 
 821, 821a. Test of employment in interstate 
 
 commerce. 
 
 822. California act inapplicable where 
 
 employment is in interstate com- 
 merce. 
 
 823. Nature of service being performed 
 
 determined by general character 
 of employment. 
 
 824. New construction of facilities. 
 
 825. The work of rearranging, transfer- 
 
 ring and changing tracks. 
 
 826. Loading intrastate baggage. 
 
 827. Unloading intrastate freight. 
 
 828. A railroad car repairer. 
 
 829. Carpenter repairing freight car 
 
 withdrawn from interstate com- 
 merce for repairs. 
 830, 831. Repairing locomotive taken from 
 interstate commerce for the pur- 
 pose. 
 
 832. Same — Grinding bolt for use in re- 
 
 pair. 
 
 833. Same — Repair of truck. 
 
 834. Same — Finding as to interstate 
 
 commerce held conclusion of law. 
 835, 836. Same — Not in interstate commerce. 
 
 837. A shopworker in a railroad round- 
 
 house. 
 
 838. Steamfitter at railroad roundhouse. 
 838a. An employee engaged in the 
 
 operation of a steam shovel. 
 839, 840. Track repairs. 
 
 841. Construction of new track. 
 
 842. Repairing main line track. 
 
 843. Repairing driveway over which 
 
 goods in interstate commerce 
 move. 
 
 844. Wiping insulators on main power 
 
 line of electric railway. 
 844a. Electric lineman. 
 
 845. Rerailing derailed engine obstruct- 
 
 ing interstate trains. 
 84oa. Removing derailed ear, not ob- 
 structing interstate commerce. 
 
 846. Kitchen assistant in a railroad 
 
 restaurant. 
 
 847. Cutting wood to heat interstate 
 
 train. 
 
 848. Flagman. 
 
 849. Special officer killed by tramps on 
 
 interstate train. 
 849a. Railroad watchman injured while 
 driving oif trespassers. 
 
 850. Yard engine foreman moving inci- 
 
 dentally interstate cars. 
 
 851. A brakeman employed on a con- 
 
 struction train. 
 
 852. Brakeman employed on interstate 
 
 train. 
 
 853. Brakeman on work train on its way 
 
 to repair a bridge. 
 
 854. Telegraph lineman. 
 
 855. Engine herder. 
 
 856. Receiving-clerk for food supplies 
 
 used on interstate train. 
 
 857. Night watchman guarding tools and 
 
 materials to be used in new con- 
 struction. 
 
 858. Tunnel not yet in use. 
 
 858a. Transportation of U. S. mail — In- 
 terstate commerce. 
 
 859. Same — Delivering pouches of mail. 
 
 860. Same — Commission without juris- 
 
 diction. 
 
 861. Same — Railroad agent of govern- 
 
 ment. 
 
 c. Maritime jurisdiction. 
 
 862. Loading a steamer at a foreign 
 
 port. 
 
 863. Award in a maritime case. 
 
 864. Right and remedy of act within 
 
 saving clause of federal act of 
 1789. 
 
 865. Authorities. 
 
 866. Admiralty jurisdiction of federal 
 
 courts not exclusive. 
 866a. Seaman has an election of rem- 
 edies. 
 
 866b. 
 
 866c. 
 866d, 
 
 866f. 
 
 867. 
 868- 870. 
 871,872. 
 
 873. 
 
 874. 
 875. 
 
 876. 
 
 877. 
 878. 
 
 879. 
 
 879a. 
 
 880. 
 881. 
 
 882. 
 
 883. 
 
 884. 
 
 Seaman bound by an election of 
 remedies. 
 
 Same — No election made. 
 
 866e. Admiralty not bound by state 
 law. 
 
 Court of equity will enforce state 
 statute in admiralty. 
 
 Injuries on the high seas. 
 
 Same — California ownership. 
 
 Stevedore discharging vessel in 
 port. 
 
 Stevedore — Fall from gang plank 
 over navigable water. 
 
 Longshoreman working on dock. 
 
 Laws of parent state, when inap- 
 plicable to vessels. 
 
 Working on ship in Oakland es- 
 tuary — Presumption from stipu- 
 lation. 
 
 Work on ship prior to launching. 
 
 Employee installing apparatus on 
 vessel in course of construction. 
 
 Engineer installing refrigerator on 
 vessel under construction. 
 
 Shipwright repairing vessel on bot- 
 tom in Oakland estuary. 
 
 Navigable waters — Launching basin. 
 
 A contract for the construction of 
 a vessel is not maritime. 
 
 Barge pilot sawing wood while ves- 
 sel laid up for winter. 
 
 Contract for polishing shoes on 
 ferryboat. 
 
 Ferryboat used for transporting 
 train on inland waters. 
 
 Effect of Johnson bill.
 
 Act 2781 
 
 GENERAL. LAWS. 
 
 d. Exiraterritorial. 
 
 886. "Rc8i«lcnt. " 
 
 887. Test of residence. 
 
 888. Traveling salesman residing in New 
 
 Jersey, uiulor exclusive control of 
 California agent of New York 
 corporation. 
 
 889. Enforcement of obligation in tort 
 
 by lex fori. 
 890, 891. Sailor of California ship lying in 
 port of another state. 
 
 892. Mandates have no effect beyond ter- 
 
 ritorial limits. 
 
 893. Non-maritime employment under 
 
 California contract by California 
 residents. 
 893a. Contract of hire of California resi- 
 dent made in California. 
 
 894. Contract under act of 1917 — Act a 
 
 regulation. 
 
 895. Unconstitutional enactment — Crea- 
 
 tion of privilege in favor of citi- 
 zens of California. 
 
 896. Release in New Mexico. 
 
 897. Constitutionality of section 75 (a). 
 
 898. Section 75 (a) not limitation but 
 
 grant of power. 
 
 899. Jurisdiction prior to enactment of 
 
 1915. 
 
 900. Effect of section 75 (a) of act — 
 
 Death benefit for injury and 
 death in another state. 
 
 S. Notice of injury. 
 
 901. Notice of original injury required, 
 
 not notice of ' * further dis- 
 ability." 
 
 902. Notice by registered letter sufficient. 
 
 903. Evidence insufficient to establish 
 
 actual notice. 
 
 904. Actual knowledge — Oral informa- 
 
 tion. 
 
 905. Notice of injury — Actual knowl- 
 
 edge of employer. 
 
 906. Actual knowledge is equivalent to 
 
 notice. 
 
 907. Same — Actual or first hand knowl- 
 
 edge. 
 
 908. Not prejudiced by want of notice. 
 
 909. Same — Making defense. 
 
 910. Same — No intention to mislead or 
 
 prejudice employer. 
 911,912. Notice of employer 
 under section 34. 
 
 913. Waiver by employer 
 
 select physician. 
 
 S. Application. 
 
 914. No particular form required. 
 
 915, 916. Filing request for disability rating. 
 
 4. Evidence. 
 917- 917c. Evidence taken prior to service of 
 
 notice of hearing — Invalid award. 
 917d. Same — Testimony given without 
 
 opportunity to cross-examine. 
 917e. Same — Hearing before referee. 
 917f. Lack of notice — Contravention of 
 
 constitutional provisions. 
 918. Evidence, power to take secretly— 
 
 Want of due process. 
 
 to employee 
 of right to 
 
 919. Evidence of medical expert — Not 
 
 given under oath, and not given 
 after notice. 
 
 920. Burden of proof — Relationship of 
 
 employer and employee. 
 
 921. Same — Accident arising out of and 
 
 in course of employment. 
 
 922. Same — Unexplained injury. 
 
 923. Same — Existence of compensable 
 
 injury. 
 
 924. Same — Employee not required to 
 
 establish source of injury scien- 
 tifically. 
 924a. Same — Same — Reasonable certainty 
 only required. 
 
 925. Same — Same — Demonstration not 
 
 required — Only reasonable cer- 
 tainty. 
 
 926. Same — Wilful misconduct not re- 
 
 quired to be shown affirmatively. 
 
 927. Same — Same — Affirmative defense. 
 
 928. Same — Not on dependents to prove 
 
 innocence of wilful misconduct. 
 
 929. Same — Employee must show that 
 
 influenza resulted from excep- 
 tional exposure of employment. 
 
 930. Same — After prima facie case, bur- 
 
 den is on employer. 
 
 931. Same — Every contrary possibility 
 
 need not be negatived. 
 
 932. Same — Circumstantial evidence. 
 
 933. Hearsay testimony — Status of em- 
 
 ployee can not be shown by. 
 
 944. Same — Statements of deceased em- 
 
 ployee competent. 
 
 945. Same — Section 77 (a) declarations 
 
 of deceased. 
 
 946. Same — Same — Relating directly to 
 
 injury, admissible. 
 
 947. Same — Same — Section 75 (b) not 
 
 technical rule of evidence. 
 
 948. Same— Section 60 (a) act of 1917 
 
 — Deposition admissible. 
 
 949. Same — Sufficiency of, as to depen- 
 
 dency. 
 
 950. Unverified report of physician same 
 
 as allegation of complaint — Not 
 evidence. 
 
 951. Testimony by physicians — Not con- 
 
 clusive as against unprofessional 
 testimony. 
 
 952. Report of physician — Scope of in- 
 
 quiry. 
 
 953. Mental incompetency — Recital in 
 
 court order not binding on com- 
 mission. 
 
 954. Marriage — Want of record. 
 
 955. Circumstantial evidence does not 
 
 overturn presumption of lawful 
 conduct. 
 
 956. Unauthenticated letter, not written 
 
 or signed by dependent, insuffi- 
 cient evidence of authority. 
 
 957. Admissions made in delirium, or 
 
 while dazed, or in shock. 
 
 958. Commission not bound by stipula- 
 
 tion as to facts. 
 958a. Oral testimony as to relations of 
 parties. 
 
 959. Average annual earnings — Pay roll 
 
 of employer.
 
 1663 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 960. Conflict of evidence — Commission 
 
 final arbiter. 
 
 961. Evidence insufficient to establish 
 
 wilful misconduct. 
 
 962. Evidence insufficient to establish 
 
 deliberate and intentional failure 
 to observe rule. 
 
 963. Evidence insufficient to establish 
 
 that injury proximately caused 
 disability. 
 
 964. Evidence not sufficient to show 
 
 serious and wilful misconduct. 
 
 965. Wilful misconduct — Absence of in- 
 
 ference. 
 
 966. Evidence sufficient — Skin disease 
 
 contracted from wood dust. 
 
 967. Evidence sufficient — ^Death result of 
 
 injury. 
 
 968. Evidence insufficient — Injury 
 
 caused death. 
 
 969. Evidence sufficient to show cause of 
 
 disability as alleged. 
 
 970. Evidence not sufficient to show hus- 
 
 band employee of wife. 
 
 971. Evidence insufficient to overturn in- 
 
 herent improbability. 
 
 972. Evidence not sufficient to establish 
 
 that injury caused death. 
 
 973. Evidence sufficient to show cause of 
 
 disability as claimed. 
 
 974. Evidence insufficient to show that 
 
 alleged wilful misconduct proxi- 
 mately caused injury. 
 
 975. Absence for less than seven years 
 
 may be sufficient proof of death. 
 
 976. • Custom or usage, binding effect of. 
 
 5. Instructions. 
 
 977. Instruction to jury — Kule as to 
 
 weight of evidence — Applicable 
 to Industrial Accident Commis- 
 sion. 
 
 6. Findings. 
 
 978. Finding as to employment, if sup- 
 
 ported, is not reviewable. 
 
 978a. Status of deceased — Employee or 
 
 independent contractor. 
 
 979. Finding as to cancer resulting from 
 
 fall, held supported by the evi- 
 dencQ. 
 
 980. General rules of practice — Findings 
 
 should conform to. 
 
 981. Findings and award have effect of 
 
 judgment. 
 
 982. Knowledge or notice — Actual knowl- 
 
 edge. 
 
 983. Findings upon ultimate, not pro- 
 
 bative, facts required. 
 
 984. Finding upon conflicting evidence 
 
 not reviewable. 
 
 985. Finding not warranted — Negligence 
 
 in communication of infection. 
 985a. Finding as to bar of statute justi- 
 fied. 
 
 7. Orders. 
 
 986. Service — Dismissal for want of. 
 986a. Dismissal on own motion for want 
 
 of jurisdiction on face of peti- 
 tion. 
 
 987. Consolidation of two proceedings — 
 
 For disability and for death. 
 
 8. Statute of limitations. 
 
 988. Statute affects only the remedy. 
 
 989. The provisions of section 11 of 
 
 the act of 1917 are procedural. 
 
 990. Force and effect of phrase 
 
 ' ' wholly barred. ' ' 
 
 991. Significance of word "barred." 
 
 992. Filing of application for rating 
 
 not a commencement of pro- 
 ceedings for compensation. 
 
 993. Filing of request for permanent 
 
 disability rating stops run- 
 ning of statute. 
 
 994. Application of section 16 (c), act 
 
 of 1913. 
 
 995. Date of last payment of compen- 
 
 sation. 
 
 996. Extension of period by payment 
 
 of compensation. 
 
 997. Payment of wages — Without per- 
 
 forming service. 
 
 998. Same — Performing part service. 
 
 999. Same — Excess of wages as com- 
 
 pensation. 
 
 1000. Same — One day following injury. 
 
 1001. Same — Immaterial whether com- 
 
 pensation is due. 
 
 1002. Furnishing medical treatment. 
 
 1003. Payment for medical services — 
 
 Act of 1917. 
 
 1004. Same — Payment for prior treat- 
 
 ment. 
 
 1005. Payment of damages under ad- 
 
 miralty law. 
 
 1006. Collection of death benefit. 
 
 1007. Under the act of 1913. 
 
 1008. Same — Filing of application for 
 
 disability rating. 
 
 1009. Claim by foreign dependent — Ap- 
 
 plication within one year from 
 death. 
 
 1010. Disability uncertain. 
 
 1011. "Further disability." 
 
 1012. Same — Application of phrase. 
 
 1013. Same — Continuing disability. 
 
 1014. Same — Not further disability. 
 
 1015. Same — Same — Steadily failing 
 
 sight. 
 
 1016. Same — Injury occurring prior to 
 
 amendment of section 16 (c). 
 
 1017. Same — When statute has run 
 
 against original disability. 
 
 1018. Same — When statute begins to 
 
 run against new disability. 
 
 1019. Same — Date statute begins to 
 
 run. 
 1020, 1021. Same — When claim barred. 
 
 1022. Same — Reduction of earning 
 
 power. 
 
 1023. Same — Arising two years after 
 
 original injury. 
 
 1024. Continuing jurisdiction of com- 
 
 mission. 
 
 1025. Two distinct injuries — One only 
 
 named. 
 
 1026. Claim of lien for medical serv- 
 
 ices. 
 
 1027. Effect of minority. 
 
 1028. Bar must be pleaded in five days. 
 1029- 1031. Same — Failure to plead, waiver.
 
 Act 2781 
 
 ge:neral. laws. 
 
 1664 
 
 1032. Agreement to forego operation 
 
 of statute. 
 10^3. Power of commission to aet aside 
 
 defense of statute. 
 
 1034. Failure to file claim within agreed 
 time. 
 
 Judgment or award, a. Finality and 
 conclusiveness. 
 
 1035. Eeopeniug decisions on change of 
 law. 
 
 1036. Testimouy taken before referee. 
 
 1037. Annulled on newly discovered 
 evidence. 
 
 1038. Same — Applicant not widow. 
 
 1039. Dismissal of employer — Rein- 
 statement. 
 
 1040. Error of procedure does not va- 
 cate award. 
 
 6. Alteration, amendment, etc. 
 
 1041. Waiver of objections not made. 
 
 1042. Jurisdiction to amend not un- 
 limited. 
 
 1043. Findings, not attacked, final be- 
 fore proceeding to amend be- 
 gun, conclusive. 
 
 1044. Notice of hearing of proceeding 
 to amend, sufficiency. 
 
 1045. Changed conditions must be 
 shown as basis of application 
 to amend. 
 
 10. Rehearing. 
 
 1046. Notice of hearing— Right of per- 
 son against whom award is 
 made. 
 
 1047. Petition for rehearing, contents. 
 
 1048. Points raised for first time. 
 
 1049. Same— Point of lack of jurisdic- 
 tion. 
 
 1049a. Same— Maritime injury. 
 
 1050. Failure to make express findings 
 Want of objection. 
 
 1051. Jurisdiction of commission ex- 
 pires on denial of rehearing. 
 
 1052. Substitution of insurance carrier 
 — Request after time for re- 
 hearing has expired. 
 
 1053. "Filing" not "service." 
 
 1054. Same — Code provision not super- 
 seded. 
 
 11. Beview. 
 
 1055. Respondents — Members 
 mission. 
 
 1056. Attack upon 
 act. 
 
 Limitation of review of awards. 
 
 Want of evidence to sustain find- 
 ings — Newly discovered evi- 
 dence — Grounds for rehearing 
 but not for review. 
 
 Power to annul awards — Grounds. 
 1061- 1061a. Scope of jurisdiction of supreme 
 court. 
 
 1062. Certiorari — Grounds restricted to 
 those stated in section 84. 
 
 1063. Annulment of award on review, 
 grounds of. 
 
 of corn- 
 
 award — Intent of 
 
 1057, 1058. 
 1059. 
 
 1060. 
 
 1064. Fixercise of discretion not review- 
 
 able, unless wholly unsup- 
 ported in the record. 
 
 1065. Same — Determination as to rea- 
 
 sonable time. 
 
 1066. Annulment of award on review, 
 
 when. 
 
 1067. Award may be reviewed but not 
 
 collaterally attacked. 
 
 1068. Jurisdiction of supreme court — 
 
 Power to weigh evidence. 
 1069, 1070. Supreme court not a court of 
 appeal. 
 
 1071. Appeals not provided for in the 
 
 "Boynton Act." 
 
 1072. Application for review must be 
 
 made within the proper time. 
 1073- 1075. Time to apply for certiorari. 
 
 1076. Same — Medical services — Order 
 
 not final judgment — Premature 
 application for writ of review. 
 
 1077. Review of evidence, extent of. 
 
 1078. Award nullified for insufficiency 
 
 of evidence. 
 1079- 1080. If any evidence to support find- 
 ing, award affirmed. 
 
 1081. Admission of incompetent evi- 
 
 dence, no ground for annul- 
 ment, if supported by compe- 
 tent evidence. 
 
 1082. On review — Every reasonably 
 
 drawn inference taken in aid of 
 findings. 
 
 1083. Same — Drawing different conclu- 
 
 sions. 
 
 1084. Same — If conclusion could be 
 
 reached by a reasonable man. 
 
 1085. Same — Finding supported under 
 
 any rational view of evidence. 
 
 1086. Same — Findings and conclusions 
 
 not subject to review if rea- 
 sonably supported. 
 1087. Order within jurisdiction, under 
 
 facts, not reviewable. 
 1088. Petition for certiorari — Showing 
 of insufficiency of evidence. 
 1089, 1090. Same — Same — Finding sustained 
 — Application dismissed. 
 
 1091. Findings supported — Origin of 
 
 sarcoma. 
 
 1092. Findings as to relationship of 
 
 parties conclusive. 
 
 1093. Finding as to dependency not 
 
 reviewable. 
 
 1094. Review of award — Questions of 
 
 fact. 
 
 1095. Award without proof of accident, 
 
 nullified. 
 
 1096. Award annulled for total want 
 
 of evidence to sustain. 
 
 1097. Award set aside for want of sup- 
 
 port in the evidence — Unsup- 
 ported award will be set aside. 
 
 1098. Findings totally unsupported are 
 
 subject to review. 
 
 1099. Relationship — Finding on hear- 
 
 say testimony, binding on ap- 
 pellate court. 
 
 1100. Finding of jurisdictional fact on 
 
 hearsay testimony.
 
 164i5 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 \ 
 
 1101. Annullment of award — Hearsay 
 
 statements of deceased. 
 
 1102. Admission of hearsay evidence 
 
 immaterial if other evidence 
 sufficient. 
 1103, 1103a. Findings on conflicting evidence. 
 
 1104. Same — Not subject to review. 
 
 1105. Finding as to status of employee 
 
 on conflicting evidence. 
 
 1106. Findings not subject to question 
 
 on review, where the evidence 
 in support is conflicting. 
 
 1107. Findings upon conflicting evi- 
 
 dence will not be disturbed 
 where there is some support. 
 
 1108. Arising out of and in course of 
 
 employment — Finding on con- 
 flicting evidence upheld. 
 
 1109. Irregularities or errors in proce- 
 
 dure not jurisdictional. 
 
 1110. Inconsistent findings not ground 
 
 for review. 
 
 1111. Consideration of evidence in sup- 
 
 port of findings. 
 
 1112. Evidence taken without notice to 
 
 party affected by award. 
 
 1113. Errors in admission or exclusion 
 
 of evidence — Not reviewable. 
 
 1114. Findings of fact upon which 
 
 jurisdiction is based are re- 
 viewable. 
 
 1115. Jurisdictional facts must be sup- 
 
 ' ported by competent evidence. 
 
 1116. Finding as to jurisdictional fact 
 
 unsupported — Award annulled. 
 
 1117. Question of relationship of em- 
 
 ployer and employee jurisdic- 
 tional, and subject to review. 
 
 1118. Questions as to whether accident 
 
 arose out of employment, and 
 whether wilful misconduct 
 proximately caused accident 
 are jurisdictional. 
 
 1119. "Eoseberry Act" — Question of 
 
 wilful misconduct jurisdic- 
 tional. 
 
 1120. Question as to wilful misconduct 
 
 of employee reviewable. 
 
 1121. Question of "wilful miscon- 
 
 duct ' ' jurisdictional. 
 1121a. Willful misconduct of employee. 
 
 1122. Double employment — Finding as 
 
 to excluded employment. 
 
 1123. Scope of section 84 — Eeviewable 
 
 facts. 
 
 1. Jurisdiction, a. In general. 
 
 804. Commission exercises judicial func- 
 tions. — The industrial accident commission 
 in awarding compensation under the act 
 exercises judicial functions, and is a judi- 
 cial body, and must observe the require- 
 ments of the federal constitution with re- 
 spect to due process of law. — Carstens v. 
 Pillsbury, 172 Cal. 572, 158 Pac. 218. 
 
 805. Jurisdiction — Liberal construction of 
 act. — The industrial accident commission is 
 a tribunal of limited jurisdiction, whose 
 powers do not extend beyond the settlement 
 of disputes arising- under the legislation 
 contemplated by section 21, article XX, of 
 
 Gen. Laws — 105 
 
 the constitution; but that section is to be 
 liberally construed to effect its purpose. — 
 Employer's, etc., Corp. v. Industrial Acci- 
 dent Commission, 177 Cal. 771, 775, 171 Pac. 
 935. 
 
 806. Commission iias no greneral juris- 
 diction. — The industrial accident commission 
 is wholly without power or authority in 
 matters of general jurisdiction without the 
 scope of its limited jurisdiction under the 
 act. — Gamble v. Superior Court, 6 I. A. C. 
 Dec. 26, 39 Cal. App. 661, 179 Pac. 717. 
 
 807. Jurisdiction of commission is de- 
 rived from the act. — The power of the com- 
 mission to award compensation is derived 
 from the act, and exists only in the cases 
 and to the extent defined therein. — Massa- 
 chusetts, etc., Co. V. Pillsbury, 170 Cal. 767, 
 769, 151 Pac. 419. 
 
 SOS. Enforcement of liability against 
 other than employer. — Section 21, article 
 XX, of the constitution confers no authority 
 upon the legislature to create or enforce 
 any liability aaginst any except employers. 
 — Carstens v. Pillsbury, 172 Cal. 572, 579, 
 158 Pac. 218. 
 
 800. Section 21, article XX, confers no 
 power upon the legislature to authorize the 
 industrial accident commission to inquire 
 into, determine and enforce liabilities under 
 section 30 of the act in favor of an injured 
 employee against persons other than his 
 employer. — Sturdivant v. Pillsbury, 172 Cal. 
 581, 582, 158 Pac. 222. 
 
 810. Same — Subject to annulment — Not 
 incurably void.- — ^Although an award by the 
 industrial accident commission in favor of 
 an employee against a person other than his 
 immediate employer, is subject to annul- 
 ment on review, as in excess of the consti- 
 tutional power of the commission, it is not 
 necessarily and incurably void, and unless 
 annulled in the manner prescribed by the 
 act is conclusively presumed to be valid 
 and binding. — Thaxter v. Finn, 178 Cal. 270, 
 275, 173 Pac. 163. 
 
 Sll. Reimbursement of funeral expenses 
 advanced by third person. — In the absence 
 of an application the commission has no 
 jurisdiction to make an allowance for reim- 
 bursement to a tliird person for money 
 advanced to pay the funeral expenses of a 
 deceased employee. — "Western Indemnity 
 Company, 35 Cal. App. 104, 169 Pac. 261. 
 
 811a. Reimbursement for funeral ex- 
 penses — No application. — The commission is 
 without authority to allow a sum of money 
 paid for funeral expenses of a deceased em- 
 ployee in the absence of the filing of an 
 application therefor with the commission. — 
 Western Indemnity Co. v. Industrial Acci- 
 dent Commission, 35 Cal App. 104, 169 Pac. 
 261, 4 I. A. C. Dec. 328 (Pavlovic v. Click, 
 4 I. A. C. Dec. 114). 
 
 812. Injury to employee of sub-contractor 
 
 where original contractor is not liable. 
 
 The commission is only authorized to decide 
 disputes between employer and employee 
 in regard to claims for compensation for 
 industrial injuries such as are allowed by 
 the act and it has no power to decide upon
 
 Act 2781 
 
 gene:ral laws. 
 
 1CG« 
 
 a claim by an employee for compensation 
 against a general contractor where his em- 
 ployer is a sub-contractor, or against the 
 owner of the building where he is em- 
 ployed, or against any one who is not his 
 employer. — Thaxter v. Finn, 178 Cal. 270, 
 173 Pac. 163, 5 I. A. C. Dec. 101 (Thaxter v. 
 Thaxter, 1 I. A. C. Dec. 197). 
 
 813. PoTrer to determine qnestion of ju- 
 risdiction after apparent bar of statute. — 
 The commission has power to determine 
 whether it has jurisdiction to hear a con- 
 troversy after the apparent bar of the stat- 
 ute has fallen. — Kemper v. Industrial Acci- 
 dent Commission, 177 Cal. 618, 171 Pac. 426, 
 5 I. A. C. Dec. 41 (Kemper v. Nathan-Dohr- 
 mann Co., 4 I. A. C. Dec. 101). 
 
 814. Consent can not confer jurisdiction. 
 — Jurisdiction of the subject-matter may not 
 be conferred by consent, but the parties 
 may stipulate as to the existence of such a 
 state of facts as bring the case within the 
 jurisdiction of the commission. — Employer's 
 L. A. Corp. V. Industrial Accident Commis- 
 sion, 177 Cal. 771, 774, 171 Pac. 935. 
 
 815. Where jurisdiction conceded, facts 
 should be interpreted in support of. — Where 
 the parties expressly concede the jurisdic- 
 tion of the commission, the specific facts 
 admitted or proven should, so far as reason- 
 ably can be done, be interpreted so as to 
 support the concession. — Employer's L. A. 
 Corp. V. Industrial Accident Commission, 177 
 Cal. 771, 774, 171 Pac. 935. 
 
 S15a. liiability of insurer. — The commis- 
 sion has jurisdiction to determine all ques- 
 tions of law and fact upon which the lia- 
 bility of an insurance carrier depends. — 
 Employer's, etc., Co. v. Industrial Accident 
 Commission, 177 Cal. 771, 171 Pac. 935, 5 
 I. A. C. Dec. 72 (Mann v. Johnson, 4 I. A. C. 
 Dec. 253). 
 
 816. Requiring larg-e corporation to de- 
 posit security not abuse of discretion. — It 
 is not abuse of discretion on the part of 
 the commission to order a large corpora- 
 tion, engaged in an extensive business, with 
 many millions of dollars surplus, to deposit 
 securities or give bond as a condition of 
 being allowed to carry its own insurance 
 since the highest purpose of the act is that 
 compensation shall be made available to 
 the injured employee when it is most 
 needed. — Bank of Dos Bancs v. Industrial 
 Accident Commission, 181 Cal. 150, 183 Pac. 
 538, 6 I. A. C. Dec. 129. 
 
 S16a. Same — Jurisdiction of employer is 
 juriisdiction of carrier. — Jurisdiction of the 
 employer is jurisdiction of the carrier, and 
 where the application was filed against the 
 carrier within the statutory period, juris- 
 diction is acquired over the carrier though 
 not made a party until the lapse of that 
 period. — Washburn v. Morrison, 6 I. A. C. 
 Dec. 123. 
 
 816b. Same — Controversy bet'ween em- 
 ployer and carrier. — The commission has no 
 jurisdiction to determine the employer's 
 right to be reimbursed by the insurance 
 carrier for disability indemnity payments 
 
 made prior to the hearing. — Tucson v. York, 
 etc., Co., 6 I. A. C. Dec. 110. 
 
 816c. The commission has no Jurisdic- 
 tion over a proceeding brought by an em- 
 ployer against his insurance carrier. — St. 
 Josephs, etc., v. Hartford, etc., Co., 5 I. A. C. 
 Dec. 139. 
 
 816d. Same— PoT^er to determine all ques- 
 tions of law and fact. — The commission, 
 having jurisdiction to make an award 
 against an insurance carrier, has power to 
 determine all questions of law and fact upon 
 which the liability of such insurance car- 
 rier, including an alleged breach by the 
 employer of certain warranties contained 
 in the policy, and the alleged cancellation, 
 upon such breach, of such policy. — Em- 
 ployer's D. A. Corp. v. Industrial Accident 
 Commission. 177 Cal. 771. 775. 171 Pac. 935. 
 
 816e. Power to determine validity of In- 
 surance policy. — The commission has juris- 
 diction to consider and determine the valid- 
 ity of a policy of insurance against liability 
 under the act. — Mann v. Johnson, 4 I. A. C. 
 Dec. 253. 
 
 S16f. Power to determine question of 
 "willful misconduct." — While the question of 
 "willful misconduct" goes to the jurisdiction 
 of the court to make an award, the commis- 
 sion has the right to hear and determine 
 the controversy, and in this sense "willful 
 misconduct" is not jurisdictional but purely 
 a matter of affirmative defense. — United 
 States Fidelity and Guaranty Co. v. Indus- 
 trial Ace. Com., 174 Cal. 616, 620, 163 Pac. 
 1013. 
 
 816g. Lack of legal authority to file ap- 
 plication. — An unauthenticated letter pur- 
 porting to authorize the filing of an appli- 
 cation for compensation under the act on 
 behalf of the dependent of an employee is 
 not sufficient legal authority to initiate the 
 proceeding. — Western Indemnity Co. v. In- 
 dustrial Accident Commission, 35 Cal. App. 
 104, 169 Pac. 261, 4 I. A. C. Dec. 328 (Pav- 
 lovic V. Click, 4 I. A. C. Dec. 114). 
 
 Sieh. Same — Consul of Russia — Treaty 
 relations. — A consul of Russia can not, by 
 virtue of treaty relations, between Russia 
 and the United States, institute proceedings 
 for death benefit without express authoriza- 
 tion from dependents. — Strasdin v. Oceanic 
 Steamship Co., 5 I. A. C. Dec. 237. 
 
 8161. Same — Alien enemy. — An Austrian 
 citizen applying for compensation under 
 the act was held not to be barred from the 
 right to receive compensation as an alien 
 enemy where at the time of sustaining the 
 injury and at the time of submission of 
 case for decision no proclamation had been 
 made by the President of the United States, 
 declaring war against Austria. — Selecht v. 
 Illinois, etc., Co., 5 I. A. C. Dec. 122. 
 
 816j. Reconsideration must be upon same 
 facts — Denial of rehearing. — The jurisdic- 
 tion of the commission to make a second 
 award, solely upon a reconsideration of the 
 facts upon which the first award was made, 
 expired upon the denial of a rehearing 
 thereon, and it has no jurisdiction after 
 such denial to make a second award not
 
 1667 
 
 MASTER AXD SERVAXT. 
 
 Act 2781 
 
 predicated on new facts occurring subse- 
 quent to its original award. — Georgia C. 
 Company v. Industrial Accident Commission, 
 177 Cal. 289, 294, 170 Pac. 621. 
 
 816k. Award void on its face — Collateral 
 attack. — An authorized award which shows 
 upon its face want of jurisdiction of the 
 commission to make the same, is not final 
 and conclusive against the parties by reason 
 of failure to apply for a reliearing or ask 
 for a writ of review, but is void on its face, 
 subject to attack in any proceeding in which 
 it is drawn in question. — Tliaxter v. Finn, 
 54 Cal. Dec. 620, 4 I. A. C. Dec. 433 (Thaxter 
 v. Thaxter, 1 I. A. C. Dec. 196). 
 
 816 1. Unauthorized award — I^ack of ju- 
 risdiction — Collateral attack. — An unauthor- 
 ized award of compensation may be col- 
 laterally attacked in a proceeding in man- 
 damus to compel the execution of the award. 
 — Thaxter v. Finn, 54 Cal. Dec. 620, 4 I. A. C. 
 Dec. 433 (Thaxter v. Thaxter, 1 I. A. C. Dec. 
 196). 
 
 816m. Physician's claim for services. — 
 The commission lias jurisdiction over the 
 claims of an employer's physician for the 
 reasonable value of his services. — Fry v. 
 McKay, 5 I. A. C. Dec. 136. 
 
 816n. Committee performing govern- 
 mental functions. — The commission has no 
 jurisdiction of a committee performing 
 governmental functions. — Lord v. Goodyear, 
 etc., Co., 6 I. A. C. Dec. 148. 
 
 6. Interstate commerce. 
 
 817. Nature of employment — Question 
 of la^v, where facts admitted. — Where all 
 the facts touching the nature of the employ- 
 ment are admitted, the question as to 
 whether it was interstate or intrastate was 
 one of law, and if it was an interstate em- 
 ployment, the commission had no jurisdic- 
 tion. — Southern Pacific Co. v. Pillsbury, 170 
 Cal. 782, 783, L. R. A. 1916B, 916, 151 Pac. 
 277. 
 
 818. The case of Southern Pacific Co. 
 V. Pillsbury, 170 Cal. 782, D. R. A. 1916E, 
 916, 151 Pac. 277 (Ruth case) is held not to 
 be controlling, in view of tlie case of Minne- 
 apolis, etc., Co. V. Winters, 242 U. S. 353, 37 
 Sup. Ct. 170, 61 L. ed. 358, Ann. Cas. 1918B, 
 54, with which it is wholly at variance. — 
 Hines v. Industrial Accident Commission 
 (Cal.), 192 Pac. 859 (Brizzolara v. Hines, 
 6 I. A. C. Dec. 236). 
 
 819. Federal employer's liability act- 
 Decisions of U. S. courts control. — The de- 
 cisions of the United States courts are con- 
 trolling on the question as to whether a 
 given employment falls within tlie scope of 
 the Federal Employer's Liability Act (35 
 U. S. Stats. 65). — Southern Pacific Co. v. 
 Industrial Accident Commission, 178 Cal. 20, 
 22, 171 Pac. 1071. 
 
 820. The decisions of the United States 
 supreme court are the Ultimate authority as 
 to whether an employee engaged in keep- 
 ing in repair or in suitable condition for 
 use, a railroad used indiscriminately in both 
 interstate and intrastate commerce, is, while 
 so engaged, employed in interstate com- 
 merce. — Southein Pacific Co. v. Industrial 
 
 Ace. Com., 174 Cal. 8. 10, L. R. A. 1917B, 262, 
 161 Pac. 1139. 
 
 821. Test of employment In Interstate 
 commerce. — Where the applicability of the 
 federal act is uncertain, the character of 
 the employment in relation to commerce 
 may be adequately tested by inquiring 
 whether the employee when injured was 
 engaged in work so closely connected with 
 interstate commerce as practically to be a 
 part of it. — Southern Pacific Co. v. Indus- 
 trial Accident Commission, 251 U. S. 259, 
 40 Sup. Ct. Rep. 130, 6 I. A. C. Dec. 274 
 (Butler V. Southern Pacific Co., 4 I. A. C. 
 Dec. 294. Reviewed 55 Cal. Dec. 569, 5 
 L A. C. Dec. 86). 
 
 821a. The test as to whether a railroad 
 employee of a carrier engaged in both intra- 
 state and interstate business was employed 
 in one or the other at the time he sustained 
 an injury is the nature of his employment 
 at the time. — Southern Pacific Co. v. Indus- 
 trial Accident Commission, 6 I. A. C. Dec. 
 24, 179 Cal. 665, 178 Pac. 706. 
 
 822. California act inapplicable where 
 employment is in interstate commerce. — If 
 the work in which a railroad's electric line- 
 man was engaged when he received a fatal 
 electric shock was part of interstate com- 
 merce the California act was inapplicable. — 
 Southern Pacific Co. v. Industrial Accident 
 Commission, 251 U. S. 259, 40 Sup. Ct. Rep. 
 130, 6 I. A. C. Dec. 274 (Butler v. Southern 
 Pacific Co., 4 I. A. C. Dec. 294. Reviewed 
 55 Cal. Dec. 569, 5 I. A. C. Dec. 86). 
 
 823. Nature of service being performed 
 determined by general character of em- 
 ployment. — The nature of the service as to 
 whether it is interstate or intrastate is to 
 be determined not by the general character 
 of the employment, but by the nature of 
 the immediate service being rendered at 
 the time of the injury. — Morton v. Southern 
 Pacific Co., 5 I. A. C. Dec. 118. 
 
 824. New construction facilities, such as 
 a water tower, whicli on completion is to 
 be used in interstate commerce, is not a 
 part of, and does not facilitate such com- 
 merce. — Dautrich v. Hines, Director Gen- 
 ei-al, etc., 6 I. A. C. Dec. 73. 
 
 825. The work of rearranging, transfer- 
 ring, and changing tracks, whicli are used 
 for both interstate and intrastate commerce 
 indiscriminately is labor in expediting in- 
 terstate commerce. — Cuebas v. Atchison, 
 etc., Ry. Co., 3 I. A. C. Dec. 17. 
 
 826. Loading intrastate baggage. — A 
 station agent killed while loading intrastate 
 baggage upon a local train carrying inter- 
 state baggage, was held to be engaged in 
 facilitating and expediting interstate com- 
 merce, and that therefore the commission 
 was without jurisdiction to consider a claim 
 for compensation on account of such death. 
 — Gabriel v. Southern Pacific Co., 6 I. A. C. 
 Dec. 62. 
 
 827. Unloading Intrastate freight. — The 
 work of unloading intrastate freight from 
 a car of a railroad engaged in both intra- 
 state and interstate commerce, was not nec- 
 essary or incidental to the transportatioi
 
 Act 27S1 
 
 GUNGRAL LAWS. 
 
 1668 
 
 of interstate commerce, and an employee 
 of the railroad company engaged In such 
 work was not employed in interstate com- 
 merce while so engaged.— Perez v. Southern 
 Pacific Co.. 6. I. A. C. Dec. 190. 
 
 S28. A railroad car repairer, whose duties 
 required him to pass from one car to 
 another and one track to another, seeking 
 tagged cars requiring light repairs, his 
 employer being engaged in both interstate 
 and intrastate commerce, is engaged In In- 
 terstate commerce and the commission is 
 without jurisdiction to determine the ques- 
 tion of liability for compensation for his 
 death while pursuing his duties under the 
 circumstances of the present case. — South- 
 ern Pacific Co. V. Industrial Accident Com- 
 mission. 179 Cal. 59, 175 Pac. 453, 5 I. A. C. 
 Dec. 188 (Morton v. Southern Pacific Co., 
 5 I. A. C. Dec. 114). 
 
 829. Carpenter repairing freight car 
 ^vithdrawn from interstate commerce for 
 repairs. — Where a carpenter fell and was 
 injured while repairing a freight car which 
 had been used in interstate commerce but 
 which was temporarily withdrawn for the 
 purpose of repairs from use in the convey- 
 ance of goods, it was held that at the time 
 of said injury said carpenter was not en- 
 gaged in interstate commerce. — Vangorder 
 V. Southern Pacific Co., 4 I. A. C. Dec. 354. 
 
 830. Repairing locomotive taken from 
 Interstate commerce for the purpose. — A 
 locomotive taken from interstate service 
 for repairs and thereafter returned to such 
 service, was held not to have been in inter- 
 state commerce while undergoing repairs. — 
 Schwartz v. Hines, 6 I. A. C. Dec. 238. 
 
 831. Repairs to locomotive taken from 
 and returned to interstate service held to 
 be an instrumentality of interstate com- 
 merce. — Burton v. Hines, 6 I. A. C. Dec. 242. 
 
 832. Same — Grinding bolt for use in re- 
 pair. — A machinist's helper employed by a 
 railroad company engaged in grinding a 
 bolt at an emery wheel for use in a drill 
 with which to do certain repair work on a 
 locomotive which had been used exclusively 
 in interstate commerce, and on completion 
 of the repairs would be returned to such 
 use, was held to have been engaged in work 
 not so directly connected with interstate 
 commerce as to be a part of it, and the 
 commission therefore had jurisdiction to 
 hear and determine his claim. — Van Gaas- 
 beek v. Los Angeles, etc., Co., 5 I. A. C. 
 Dec. 97. 
 
 833. Same — Repair of truck. — A truck 
 builder and repairer of trucks for locomo- 
 tives employed in a roundhouse used for 
 storing of locomotives used in both inter- 
 state and intrastate commerce, in making 
 repairs on a locomotive used the previous 
 day in interstate commerce, and returned 
 to such use three days after, but withdrawn 
 at the time, was employed in interstate com- 
 merce. — Southern Pacific Co. v. Pillsbury, 
 170 Cal. 782, 783, L. R. A. 1916E, 916, 151 
 Pac. 277. 
 
 But see Hines v. Industrial Accident Com- 
 mission (Cal.), 192 Pac. 859. 
 
 834. Same — Finding as to Interstate com- 
 merce held conclusion of law. — A finding 
 that an <, mployee of a railroad company 
 killed while repairing an engine withdrawn 
 from service for that purpose, and not then 
 engaged in any service, interstate or intra- 
 state, was not, at the time, engaged in 
 interstate commerce, was a conclusion of 
 law, and subject to review on certiorari. — 
 Hines v. Industrial Accident Commission 
 (Cal.), 192 Pac. 859. 
 
 835. Same — Not In Interstate commerce. 
 — A broken down engine, in the shops for 
 such repairs as may be necessary, is not in 
 interstate commerce, and its character as an 
 instrument of such commerce depends upon 
 its employment at the time, and not upon 
 the probability or the accident that may, at 
 a later date, make it such an instrument. — 
 Hines v. Industrial Accident Commission 
 (Cal.), 192 Pac. 859. 
 
 S3«. The repair of a locomotive tempo- 
 rarily withdrawn from service is not so 
 immediately and directly connected with 
 interstate commerce as to form a part of 
 it, and the commission has jurisdiction of 
 an application for an injury sustained 
 while making such repairs. — Dell'Era v. 
 Southern Pacific Co., 6 I. A. C. Dec. 202. 
 
 837. A shopworker In a railroad round- 
 house engaged in making light repairs to 
 a locomotive used in interstate commerce 
 was held to have been employed in inter- 
 state commerce. — Rossetti v. Southern Pa- 
 cific Co., 6 I. A. C. Dec. 149. 
 
 838. Steamfltter at railroad roundhouse. 
 — A steamfltter working on steam pipes 
 used to conduct steam from boilers to a 
 railroad roundhouse, hospital and hotel, 
 used by both interstate and intrastate em- 
 ployees, was held to be doing service too 
 remotely and indirectly connected with in- 
 terstate commerce to render it a part of 
 such commerce, and the commission as- 
 sumed jurisdiction and awarded compensa- 
 tion for such injury. — Hunt v. Western Pa- 
 cific Rd. Co., 6 I. A. C. Dec. 188. 
 
 83Sa. An employee engaged In the opera- 
 tion of a steam shovel in a gravel pit froin 
 which gravel was produced for distribu- 
 tion on the roadbed of the main line of a 
 railroad used indiscriminately in interstate 
 and intrastate commerce was awarded com- 
 pensation for an injury sustained while so 
 engaged, for similar reasons. — Kling v. 
 Southern Pacific Co., 6 I. A. C. Dec. 189. 
 
 839. Track repairs. — The liability of a 
 railroad company using its tracks indis- 
 criminately in interstate and intrastate 
 commerce, to an employee injured while 
 engaged in keeping the tracks in suitable 
 condition for use as an instrumentality of 
 interstate commerce, is measured entirely 
 by the provisions of the act of congress of 
 of April 22, 1908, and the industrial acci- 
 dent commission of California is without 
 jurisdiction to make an award in such a 
 case. — Southern Pacific Co. v. Industrial 
 Accident Commission, 174 Cal. 8, 13 L. R. A. 
 1917E, 262, 161 Pac. 1139; Southern Pacific 
 Co. v. Industrial Accident Commission, 174 
 Cal. 16, 17, 161 Pac. 1142.
 
 !««• 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 840. A railroad track used indiscrim- 
 inately by a carrier in both its interstate 
 and intrastate commerce is an instrumen- 
 tality of interstate commerce, and notwith- 
 standing its double use. those "engag-ed in 
 its repair or in keeping- it in suitable con- 
 dition for use," are, while so engaged, em- 
 ployed in interstate commerce. — Southern 
 Pacific Co. V. Industrial Accident Commis- 
 sion. 174 Cal. 8, 10, L. R. A. 1917E, 262, 161 
 Pac. 1139. 
 
 841. Constrnction of new track. — A la- 
 borer injured in the construction of a rail- 
 road track not yet used in commerce was 
 not engaged in furthering or expediting in- 
 terstate commerce. — Lopez v. King, 5 
 I. A. C. Dec. 45. 
 
 842. Repairing main line track. — Where 
 a section laborer was killed while main- 
 taining and repairing the main line of a 
 railroad lying wholly within this state but 
 over which interstate commerce was trans- 
 ported, was held to be engaged in inter- 
 state commerce. — Antonopoulos v. North- 
 western, etc., Co., 4 I. A. C. Dec. 195. 
 
 843. Repairing drive-tvay over Trhlch 
 goods in interstate commerce move. — '^''here 
 a laborer was injured while breaking rock 
 to surface a drive-way over which only 
 goods moving in interstate commerce were 
 hauled, it was held that said laborer was 
 not engaged in interstate commerce. — Vil- 
 lalobus v. Atchison, etc., Co., 4 I. A. C. Dec. 
 115. 
 
 S44. Wiping insulators on main power 
 line of electric railway. — Where a railroad's 
 electric lineman, when he sustained a fatal 
 shock, was wiping insulators supporting a 
 w^ire carrying electric power so intimately 
 connected with the propulsion of cars that 
 if it had been short-circuited through his 
 body they would have stopped instantly, 
 the work was directly connected with in- 
 terstate transportation as an essential part, 
 and the federal and not the state act. gov- 
 erned the case and the rights of the line- 
 man's dependents. — Southern Pacific Co. v. 
 Industrial Accident Commission, 251 U. S. 
 259, 40 Sup. Ct. Rep. 130, 6 I. A. C. Dec. 
 274; Butler v. Southern Pacific Co., 4 
 I. A. C. Dec. 294. Reviewed, 178 Cal. 20, 22, 
 171 Pac. 1071. 5 I. A. C. Dec. 86. 
 
 844a. Electric lineman. — An electric 
 lineman employed by a railroad, killed 
 while engaged in removing an overhead 
 telephone wire from where it had fallen 
 across the trolley wire, used by the rail- 
 road company in the operation of a line of 
 electric railway, constituting its passenger 
 system, both interstate and intrastate, and 
 in constant use as such, was held to be 
 employed in interstate commerce, it being 
 shown that it was impossible to operate 
 trains over the track until the telephone 
 wire was removed, and the liability of the 
 company for his death was measured by 
 the act of congress of April 22, 1908, and 
 the industrial accident commission of Cali- 
 fornia was without jurisdiction to make an 
 award in such case. — Southern Pacific Co. 
 V. Industrial Accident Commission, 174 Cal. 
 19, 20, 161 Pac. 1143. 
 
 84.5. Rerailing derailed engine obstruct- 
 ing Interstate trains. — A brakeman on a 
 wrecking train sent to rerail a derailed 
 engine which was obstructing the tracks 
 of an interstate railway, and at the time 
 of derailing was hauling several cars of 
 interstate freight, was held to be engaged 
 in expediting interstate commerce. — James 
 V. San Pedro, etc., Rd. Co., 3 I. A. C. Dec. 
 13. 
 
 845a. Removing derailed car, not ob- 
 structing interstate commerce. — Where a 
 car w^as derailed on a main line of an in- 
 terstate carrier and for a time obstructed 
 the movement of interstate commerce but 
 was moved aside" so that it did not inter- 
 fere with the passage of interstate traffic, 
 and a shop foreman proceeded from a 
 neighboring station to remove the car and 
 was killed while returning with it to said 
 station, it was held that the whole trans- 
 action was indivisible and that since the car 
 had obstructed interstate commerce, said 
 deceased employee was at the time of his 
 injury engaged in sucli commerce. — Gris- 
 singer v. Southern Pacific Co., 4 I. A. C. 
 Dec. 354. 
 
 846. Kitchen assistant In a railroad res- 
 taurant. — A kitchen assistant in a railroad 
 restaurant accommodating both interstate 
 and intrastate passengers and employees, 
 is too remotely connected with interstate 
 commerce to be connected with it, and the 
 commission assumed jurisdiction and 
 awarded compensation for an industrial in- 
 jury. — Ernest v. Hines, 6 I. A. C. Dec. 208. 
 
 847. Cutting wood to heat interstate 
 train. — The cutting of wood for the heat- 
 ing of an interstate train is not employ- 
 ment in interstate commerce, and the wood 
 when cut does not become an instrumental- 
 ity of interstate commerce until it is put 
 to use for that purpose, whatever may have 
 been the intention in cutting it. — Saunders 
 v. Northwestern, etc., Co., 6 I. A. C. Dec. 222. 
 
 848. Flagman. — A flagman employed on 
 a railroad used indiscriminately in inter- 
 state and intrastate commerce, whose 
 duties, besides looking after the safety of 
 persons attempting to cross the track, ex- 
 tended to keeping the track itself in suit- 
 able condition for the passage of trains, 
 may be fairly said to be directly engaged, 
 in substantial part, in interstate commerce. 
 — Southern Pacific Co. v. Industrial Acci- 
 dent Commission, 174 Cal. 8, 11, L. R. A. 
 1917E, 262, 161 Pac. 1139; Southern Pacific 
 Co. V. Industrial Accident Commission, 174 
 Cal. 16, 17, 161 Pac. 1142. 
 
 849. Special officer killed by tramps on 
 interstate train. — A special officer of a rail- 
 road, killed by tramps while he was in- 
 vestigating their presence on an interstate 
 train without authority, held to have re- 
 ceived the fatal injury while employed in 
 interstate commerce, and that the commis- 
 sion w^as without jurisdiction to award 
 compensation. — Harris v. Atchison, etc., 
 Co.. 6 I. A. C. Dec. 233. 
 
 849a. Railroad %vatcliman Injured while 
 driving off Jrespassers. — A railroad watch- 
 man injured while driving trespassers off
 
 Act 2T81 
 
 GENERAL. LAWS. 
 
 1670 
 
 the property of his employer's interstate 
 train, was engrag^ed, when so Injured, in in- 
 terstate commerce, and the state commis- 
 sion had no Jurisdiction to entertain his 
 application for compensation under the 
 state act. — Smith v. Industrial Accident 
 Commission, 26 Cal. App. 560. 147 Tac. 600. 
 
 S50. Vard ennrlne foreman movlni; Inci- 
 dentally interstate cars. — A yard engine 
 foreman employed on the properties of a 
 railroad company was injured while moving 
 certain cars, including two interstate 
 freight cars, which latter were moved only 
 to separate them from the other cars, it 
 was held that the interstate movement of 
 the cars had terminated, and that the ap- 
 plicant's acts did not concern interstate 
 connmerce, and that the commission had 
 jurisdiction to award compensation. — Lin- 
 ney v. Hines, 6 I. A. C. Dec. 258. 
 
 851. A lirakeman employed on a con- 
 ■trnction train of a carrier engaged in both 
 intrastate and interstate business, a part 
 of whose duty was to flag approaching 
 trains to prevent collisions, and who was 
 injured while alighting from his train, un- 
 der the direction of his conductor, to flag 
 an approaching train engaged in interstate 
 commerce, was employed in interstate com- 
 merce, and the commission was without 
 jurisdiction to make an award for such in- 
 jury. — Southern Pacific Co. v. Industrial 
 Accident Commission, 6 I. A. C. Dec. 24, 179 
 Cal. 665, 178 Pac. 706. 
 
 552. lirakeman enuployed on interstate 
 train. — Although the specific work being 
 done by a brakeman employed on an in- 
 terstate train, at the time of his fatal in- 
 jury, was local and intrastate in its char- 
 acter, nevertheless it was an incident of 
 the general movement of the train which 
 constituted an indivisible act and that at 
 the time of his injury he was engaged in 
 facilitating the movement of commerce, and 
 the proceeding for compensation was ac- 
 •jordingly dismissed for want of jurisdic- 
 tion. — Hudson V. Southern Pacific Co., 6 
 I. A. C. Dec. 86. 
 
 553. Brnkeman on work train on its way 
 to repair a bridge. — A brakeman on a work 
 train on its way to repair a bridge, in- 
 jured while flagging an interstate train, 
 was held to have been engaged in working 
 his own train and not the particular train 
 following, and that he was not engaged in 
 interstate commerce. — Rouse v. Southern 
 Pacific Co., 5 I. A. C. Dec. 184. 
 
 854. TelcKrapIi lineman. — The commis- 
 sion has jurisdiction over an injury 
 sustained by a lineman employed on a tele- 
 graph line, notwithstanding the line ex- 
 tends from one state to another. — Yonker 
 v. Western Union Telegraph Co., 4 I. A. C. 
 Dec. 267. 
 
 SS.I. KnRine herder. — Where an engine 
 herder was injured while piloting from the 
 train to its berth in the roundhouse an en- 
 gine which liad just pulled into the yard 
 an interstate train, it was held that at the 
 time of said injury said engine herder was 
 engaged in interstate commerce. — McFar- 
 
 lane v. Los Angeles, etc., Co., 4 I. A. C 
 Dec. 113. 
 
 H'tit. ReceivinK- clerk for food supplie* 
 used on interstate train. — A receiving clerk, 
 whose duty it was to receive and check at 
 the ferry slip food supplies which are later 
 used for meals served to both Interstate 
 and intrastate passengers on ferryboats 
 operated by the railroad in connection with 
 Its railroad system, was held not to be en- 
 gaged in interstate commerce. — Goldenson 
 V. Southern Pacific Co., 4 I. A. C. Dec. 65. 
 
 857. Night tvatchman grnardingr tooln 
 and materials to be used In new construc- 
 tion. — A night watchman employed by a 
 railway, who was injured while guarding 
 tools and materials intended to be used in 
 the construction of a new station and new 
 tracks, was not engaged in interstate com- 
 merce at the time of his injury, though the 
 new station and tracks were designed for 
 use w^hen finished, in interstate commerce. 
 — New York, etc., Co. v. White, 243 U. S. 
 188, 37 Sup. Ct. 247, 61 L. ed. 667, L. R. A. 
 1917D, 1. 
 
 85S. Tunnel not yet in use. — An em- 
 ployee of an interstate railway, injured 
 while at work on a tunnel not yet in use, 
 was not at the time of the injury em- 
 ployed in interstate commerce. — Raymond 
 V. Chicago, etc., Co., 243 U. S. 268, 37 Sup. 
 Ct. 268, 61 L. ed. 583. 
 
 85Sa, Transportation of U. S. mail — In- 
 terstate commerce. — The transportation of 
 mail between different states and terri- 
 tories is interstate commerce, and a rail- 
 road employee performing services in 
 connection with such transportation is em- 
 ployed in interstate commerce. — Zenz v. 
 Industrial Accident Commission, 176 Cal. 
 304, 308, L. R. A. 1918D, 423, 168 Pac. 364. 
 
 850. Same — Delivering pouches of mail. 
 — An employee of a railroad company in- 
 jured while delivering pouches of mail 
 from the company's depot to a train of the 
 company used at the time in interstate com- 
 merce, was injured while employed in inter- 
 state commerce, to which the federal em- 
 ployer's liability act is applicable, and the 
 industrial accident commission of Califor- 
 nia has no jurisdiction to make an award 
 in such a case. — Zenz v. Industrial Accident 
 Commission, 176 Cal. 304, 308, L. R. A. 
 1918D, 423, 168 Pac. 364. 
 
 860. Same — Commission 'without Juris- 
 diction. — The commission Is without juris- 
 diction under the act to make an award for 
 injuries sustained by a call boy while de- 
 livering pouches of United States mail from 
 a depot to a train of a railroad company 
 engaged in interstate commerce. — Benz v. 
 Industrial Accident Commission, 176 Cal. 
 304, L. R. A. 1918D, 423, 168 Pac. 364, 4 
 I. A. C. Dec. 316 (Zenz v. Atchison, etc., 
 Co., 4 I. A. C. Dec. 125). 
 
 861. Same — Railroad agent of govern- 
 ment- — Although a railroad company en- 
 gaged in the transportation of United States 
 mail is an agent of the government in dis- 
 charging a governmental function and 
 therefore subject to the transportation of 
 such mails, nevertheless the carriage of
 
 1C71 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 mails destined to points outside the state 
 is an act of interstate commerce. — Zenz v. 
 Atchison, etc., Co.. 4 I. A. C. Dec. 125. 
 
 c. Maritime jurisdiction. 
 
 862. Loadinjec a steamer at a foreign port. 
 
 — The commission is without jurisdiction 
 to make an award for injuries received by 
 the employee of a steamship company while 
 engaged in assisting' in loading a steamer, 
 owned and managed by the company, at a 
 foreign port, where such employee was 
 hired in this state for a voyage to foreign 
 port and return, as such a contract of serv- 
 ice was a maritime contract relating to for- 
 eign commerce and within the admiraltj' 
 and maritime jurisdiction of the courts cf 
 the United States. — ^Tallac Co. v. Pillsbury, 
 176 Cal. 236, 168 Pac. 17, 4 I. A. C. Dec. 
 310 (Classen v. Pollard, S. S. Co., 2 I. A. C. 
 Dec. 598). 
 
 SG3. Award in a maritime case. — An 
 award by the commission to a claimant for 
 compensation under the act in a maritime 
 case is void and not collectible by action 
 at law. — Northern Pacific S. S. Co. v. Indus- 
 trial Accident Commission (U. S. Dis. Ct.), 
 5 I. A. C. Dec. 207. 
 
 864. Right and remedy of act T<-itIiln 
 saving clause of federal act of 1789. — The 
 right created by the workmen's compensa- 
 tion, insurance and safety act, and the rem- 
 edy provided thereunder, are within the 
 saving clause of the federal judiciary act 
 of 1789, granting admiralty jurisdiction to 
 the district courts, "saving to suitors in 
 all cases the right of a common law rem- 
 edy where the common law is competent 
 to give it," such saving clause being held 
 to include rights and remedies provided by 
 statutes enacted subsequently. — North Pa- 
 cific S. S. Co. V. Industrial Accident Com- 
 mission, 174 Cal. 346, 353, 163 Pac. 199. 
 
 865. Authorities. — The following cases 
 were decided upon the authority and fol- 
 lowing the case of Northern Pacific, etc., 
 Co. V. Industrial Accident Commission, 174 
 Cal. 346. 163 Pac. 199; Alaska, etc., Co.* v. 
 Pillsbury, 174 Cal. 389, 163 Pac. 204, 4 I. A. C. 
 Dec. 49; S. S. Bowdoin Co. v. Industrial 
 Accident Commission, 174 Cal. 390, 163 Pac. 
 204, 4 I. A. C. Dec. 48 and 2 I. A. C. Dec. 
 386. 
 
 SG6. Admiralty jurisdiction of federal 
 courts not exclusive. — The admiralty juris- 
 diction of the federal courts in cases of 
 injuries of seamen on the high seas is not 
 exclusive in all cases, and the industrial ac- 
 cident commission has jurisdiction to make 
 an award of compensatio'n in such a case 
 under the California Tvorkmen's compensa- 
 tion act where the seaman was injured 
 while employed on board a vessel owned by 
 citizens of California. — North Pacific S. S. 
 Co. V. Industrial Accident Commission, 174 
 Cal. 346. 163 Pac. 199. 
 
 S66a. Seaman has an' election of rem- 
 edies. — An injured seaman is not deprived 
 by the act of his right of action in the 
 admiralty court for damages due to his 
 employer's negligence in providing defec- 
 
 tive appliances for his use. — Rlegel v. Hig- 
 gins. 241 Fed. 718. 
 
 866b. Seaman bound by election of rem- 
 edies. — If an injured seaman subjects him- 
 self to the state tribunal and claims and 
 receives the compensation to which he la 
 entitled under the act, or if he accepts 
 payment by agreement with full knowl- 
 edge of his injuries, he can not maintain an 
 action in admiralty for the same injuries.— 
 Riegel v. Higgins, 241 Fed. 718. 
 
 S66c. Same — No election made. — It was 
 held in the present case that the employee 
 made no such election to take compensation 
 under the act as would preclude him from 
 recovering damages in admiralty. — Riegel 
 V. Higgins, 241 Fed. 718. 
 
 S66d. Admiralty not bound by state lavr. 
 — Where a court of admiralty enforces a 
 state statute in a matter of admiralty cog- 
 nizance it will do so according to admiralty 
 principles unaffected by state law. — West- 
 ern Fuel Co. V. Garcia, 255 Fed. 817, 167 
 C. C. A. 145. 
 
 S66e. A cause of action, maritime in 
 character, is unaffected by any state statute, 
 and its rights, obligations and liabilities 
 are measured by maritime law. — Western 
 Fuel Co. V. Garcia, 255 Fed. 817, 167 C. C. A. 
 145. 
 
 S66f. Court of equity vriH enforce a state 
 statiite in admiralty. — If a case is of ad- 
 miralty cognizance, a court of equity will 
 enforce a state statute, although without 
 such statute plaintiff would have no reliei 
 in admiralty. — Western Fuel Co. v. Garcia, 
 255 Fed. 817, 167 C. C. A. 145. 
 
 867. Injuries on the high seas. — Thi 
 commission has jurisdiction to award com- 
 pensation for injuries received by a seamat 
 in the course of his employment while hte 
 vessel is on the high seas. — North Pacifit^ 
 S. S. Co. v. Industrial Accident Commission, 
 174 Cal. 346, 163 Pac. 199, 4 I. A. C. Dec. 
 42 (Rose V. Northern Pacific S. S. Co., 2 
 I. A. C. Dec. 71; Falvik v. Nott, 2 I. A. C. 
 Dec. 469). 
 
 868. Same — California - owned ship. — 
 Where an employee on a California-owned 
 ship was a resident of the state and his 
 contract of employment was made in that 
 state, the commission had jurisdiction of 
 an application for compensation for an in- 
 jury on board the vessel on the high seas. 
 — Mestrand v. Comyn Mackall & Co., 
 6 I. A. C. Dec. 126. 
 
 869. The commission had jurisdiction of 
 an application for compensation for a death 
 on board a California-owned ship on the 
 high seas. — Karus v. Charles Nelson Com- 
 pany, 6 I. A. C. Dec. 125. 
 
 870. An injury to a seaman on a Cali- 
 fornia ship on the high seas is within the 
 jurisdiction of the commission. — Johansen 
 V. Geo. E. Billings Co., 6 I. A. C. Dec. 236. 
 
 871. Stevedore discharging vessel in 
 port. — The occupation of a stevedore em- 
 ployed in discharging a vessel in port is 
 mariiime in its essence, and the commis- 
 sion has jurisdiction to award compensa- 
 tion for injuries received while employed. — 
 North Pacific S. S. Co. v. Industrial Acci-
 
 Act 2781 
 
 GENERAL. LAWS. 
 
 1072 
 
 dent Commlssfon. 174 Cal. 346. 163 Pac. 199, 
 4 I. A. C. Dec. 42 (Rose v. Northern Pa- 
 cific S. S. Co., 2 I. A. C. Dec. 71; Falvik v. 
 Nott, 2 I. A. C. Dec. 469). 
 
 872. The occupation of a stevedore Is In 
 its essence maritime; hence, it is held that 
 the same principles that are declared in 
 the case of North Pacific S. S. Co. v. Indus- 
 trial Accident Commission, 174 Cal. 346, as 
 to the jurisdiction of the commission to 
 award compensation, where the injured per- 
 son was a seaman, govern here. — North Pa- 
 cific S. S. Co. V. Industrial Accident Com- 
 mission, 174 Cal. 357, 388, 163 Pac. 203; 
 Alaska Pacific S. Co. v. Pillsbury, 174 Cal. 
 389, 390, 163 Pac. 204; Steamship Bowdoin 
 Co. V. Pillsbury, 174 Cal. 390, 391. 163 Pac. 
 204. 
 
 873. Stevedore — Fall from Rjinsplank 
 over navicnble water. — A fatal injury sus- 
 tained by a stevedore from a fall from the 
 panfe'plank between the ship and the pier, 
 over navigable waters, was a maritime 
 injury, and the commission was without 
 jurisdiction. — Karagoums v. Napa, etc., Co.. 
 6 I. A. C. Dec. 83. 
 
 874. Longrshoreman working: on dock. — 
 The commission has jurisdiction to award 
 a death benefit in the case of a longshore- 
 man fatally injured while working on a 
 dock. — Price v. San Pedro Stevedoring Co., 
 4 I. A. C. Dec. 265. 
 
 .S7.'>. Laws of parent state, when Inappli- 
 cable to vessels. — The laws of the parent 
 state apply to a ship on the high seas, but 
 not to vessels lying in the ports of alien 
 nations or states (as to accident occurring 
 before section 75(a) of the act became 
 effective). — Kruse v. Pillsbury, 174 Cal. 222, 
 162 Pac. 891, 4 I. A. C. Dec. 20 (Sanberg v. 
 Kruse. 1 I. A. C. Dec. 441). 
 
 .S70. W'orklnp on ship in Oakland estuary 
 
 rresumptiou from stipulation. — Where 
 
 the parties expressly concede the jurisdic- 
 tion of the commission and stipulate that 
 the employee was injured while working 
 on a ship on the Oakland estuary, such 
 stipulation is entirely consistent with the 
 possibility that the ship was in course of 
 construction and not launched, and in sup- 
 port of the concession as to jurisdiction will 
 be so interpreted. — Employer's L. A. Corp. 
 V. Industrial Accident Commission, 177 Cal. 
 771, 774. 171 Pac. 935 (Mann v. Johnson, 4 
 I. A. C. Dec. 253). 
 
 877. Mork on ship prior to launching. — 
 The maritime jurisdiction of the federal 
 courts does not extend to claims arising out 
 of the death of a workman employed in the 
 construction of a ship occurring prior to 
 its launching, and the jurisdiction of the 
 industrial accident commission in such a 
 <"ase is ample. — Employer's Liability Assur- 
 ance Corp. V. Industrial Accident Commis- 
 sion. 177 Cal. 771, 774, 171 Pac. 935 (Mann v. 
 Johnson. 4 I. A. C. Dec. 253. 
 
 878. Employee Installing apparatus on 
 vessel in course of construction. — Where a 
 vessel had been launched while under course 
 of construction — but had not yet been fully 
 fitted out or turned over to the purchaser — 
 and an electrician was injured while install- 
 
 ing electrical apparatus of the ship construc- 
 tion company, it was held that neither said 
 employment nor said injury was maritime 
 in character and that this commission had 
 jurisdiction to aw^ard compensation. — Ber- 
 nard V. Employer's Liability Corporation, 4 
 I. A. C. Dec. 382. 
 
 879. Engineer installinie: refrigerator on 
 vessel under construction. — An injury sus- 
 tained by an engineer while installing a 
 refrigerator on a vessel in course of con- 
 struction was not a maritime injury and 
 the commission had jurisdiction to award 
 compensation. — Johnson v. Vulcan Iron 
 Works, 4 I. A. C. Dec. 314. 
 
 879a. Shipwriffht repairinj? vessel on 
 bottom in Oakland estuary. — An injury sus- 
 tained by a shipwright while engaged in 
 repairing a vessel resting on the bottom 
 of Oakland estuary at low tide, was a mari- 
 time injury. — Pauline v. Tibbets, etc., Co., 
 5 I. A. C. Dec. 72. 
 
 8S0. Navijjable wafers — Launching ba- 
 sin. — A launching basin dredged out of land 
 o'wned by a ship construction company and 
 used by it for the purpose only of launch- 
 ing ships in the course of construction is 
 not navigable water within the admiralty 
 jurisdiction of the United States. — Bernard 
 v. The Employers' Liability Corporation. 4 
 I. A. C. Dec. 382. 
 
 551. A contract for the construction of 
 a vessel is not maritime. — A contract con- 
 cerning a vessel becomes maritime, not at 
 the time of launching a vessel, but at the 
 time of its completion and delivery to the 
 owners. — Johnson v. Vulcan Iron Works, 4 
 I. A. C. Dec. 314. 
 
 552. Barg-e pilot sawing wood while ves- 
 sel laid up for winter. — Where an applicant 
 was employed and paid as a barge pilot and 
 deckhand throughout the year and during 
 the winter months sawed wood on board 
 said barge for sale by his employer, it was 
 held that his duties were severable and 
 that while so sawing wood his employment 
 waS not maritime. — Holder v. Island, etc.. 
 Co., 4 I. A. C. Dec. 268. 
 
 883. Contract for polishing: shoes on 
 ferryboat. — A contract of employment for 
 the polishing of shoes of passengers on a 
 ferryboat is not a maritime contract and 
 the commission has jurisdiction over an in- 
 jury sustained by the bootblack on board 
 the ferryboat. — Lomoglio v. Green, 4 1. A. C. 
 Dec. 249. 
 
 884. Ferryboat used for transporting 
 train on inland waters. — A ferryboat used 
 for transporting cars across bay used in 
 both interstate and intrastate business, is a 
 part of the railroad's extension and not a 
 maritime agency, and the death of an en»- 
 ployee thereon is not a maritime injury, 
 and when it occurred while the boat was 
 temporarily withdrawn from service, is 
 compensable. — Hughes v. Southern Pacific 
 Co., 5 I. A. C. Dec. 27. 
 
 88,1. Effect of Johnson hill. — An Injury 
 occurring upon navigable waters while the 
 so-called Johnson bill was in effect, was
 
 1G73 
 
 MASTER AND SERVANT. 
 
 Act27&^ 
 
 held to be compensable thereunder. — Soarez 
 V. Sudden & Chrlstensen, 5 I. A. C. Dec. 
 164. 
 
 d. Extraterritorial. 
 
 SS6. <*Resldent." — The term "resident" 
 In section 58 of the act of 1917, applies only 
 to citizens and aliens domiciled In Califor- 
 nia. — Quong- Ham Wah Co. v. Industrial 
 Accident Commission, (Cal.), 192 Pac. 1021, 
 6 I. A. C. Dec. 248 (Owe Ming v. Alaska 
 Packers Association, 6 I. A. C. Dec. 67). 
 
 8S7, Test of residence.' — Where a cattle 
 buyer left this state frequently on pur- 
 chasing trips lasting several months at a 
 time but had a room in his employer's 
 plant which he used as his living- headquar- 
 ters when in this state, and he registered 
 as a voter and paid his poll tax in this 
 state and his will recited that he was "of 
 the county of Santa Clara" it was held that 
 he was a resident of this state within the 
 meaning of section 75(a) of the act. — Fur- 
 long V. Woodward-Bennett Co., 4 I. A. C. 
 Dec. 116. 
 
 SSS. Traveling .salesman residing in Nevr 
 Jersey, under exclusive control of Califor- 
 nia agent of New York corporation. — Where 
 a traveling salesman, a resident of New 
 Jersey and an employee of a New York 
 corporation, who was under complete and 
 exclusive control of the California agent 
 of the employing company, was injured 
 while performing his duties in this state, 
 it was held that the commission has juris- 
 diction to award compensation for such in- 
 jury. — Benjamin v. Garneau Co., 4 I. A. C. 
 Dec. 61. 
 
 SS!». Enforcement of obligation in tort 
 by lex fori.— ^The lex fori will not under- 
 take to enforce an obligation in tort where 
 the obligation was not created by the lex 
 loci delicti. — Quong Ham Wah Co. v. In- 
 dustrial Accident Commission (Cal.), 6 
 I. A. C. Dec. 248 (Owe Ming v. Alaska 
 Packers Association, 6 I. A. C. Dec. 67). 
 
 890. Sailor of California ship lying in 
 port of another state. — Where a sailor wa.s 
 killed on board a vessel owned and char- 
 tered within this state while lying in the 
 port of another state, such injury was sub- 
 ject to the laws of the state where the 
 vessel was at the time of the death, not- 
 withstanding such ship may be considered 
 a part of the territory of this state while 
 on the high seas, and the commission is 
 without jurisdiction to make an award. — 
 Kruse v. Pillsbury, (Cal.) 162 Pac. 891. 
 
 891. Liability for the death of an em- 
 ployee killed on board a vessel owned in 
 California but lying at the time of the 
 accident in the boundaries of the state of 
 Washington, and in a port subject to the 
 shipping and other laws of that state, is 
 governed by the laws of Washington. — 
 Kruse v. Pillsbury, 174 Cal. 222, 224, 162 
 Pac. 891. 
 
 893. Mandates have no effect beyond ter- 
 ritorial limits. — The other states may give 
 effect to them, but as law, the mandates 
 of a sovereign state can have no effect 
 beyond its territorial limits. — Quong Ham 
 
 Wah Co. V. Industrial Accident Commission, 
 (Cal.) 172 Pac. 1021. 
 
 893. Non-maritime employment under 
 California contract by California residents. 
 
 — Tlie commission has jurisdiction of an in- 
 jury sustained by an employee without the 
 state, where the employment was non- 
 maritime in character, and the contract of 
 employment was made in this state by resi- 
 dents thereof, notwithstanding the services 
 were to be performed wholly without the 
 state and the employment was to cease on 
 arriving in the state. — Polin v. Bristol, etc., 
 Co., 3 I. A. C. Dec. 12. 
 
 893a. Contract of hire of California resi- 
 dent made in California. — An employee, 
 resident of the state, and employed under a 
 contract of hire made in the state, is within 
 the jurisdiction of the commission under 
 the express provisions of section 75(a) of 
 the act. — Kistler v. Simpson, etc., Co., 5 
 I. A. C. Dec. 26. 
 
 894. Contract under act of 1917 — Act a 
 regulation. — The act of 1917 is not an at- 
 tempt to create an obligation merely as an 
 incident to a status, but is, in form and 
 substance, a genuine regulation of con- 
 tracts subject to the sovereignty of the 
 state, and the legislature was lawfully em- 
 powered to impose the same duties and 
 rights as incidents of such contracts abroad 
 as are incidents of the same acts occurring 
 within the geographical limits of the state. 
 — Quong Ham Wah Co. v. Industrial Acci- 
 dent Commission, (Cal.) 192 Pac. 1021. 
 
 895. Unconstitutional enactment — Crea- 
 tion of privilege in favor of citizens of 
 California. — When the legislature attempts 
 to provide that a substantial privilege shall 
 be incidental to certain contracts of em- 
 ployment when entered into in this state 
 by citizens of this state, and that the same 
 privilege shall not be incident to identical 
 contracts of employment when entered into 
 in this state by citizens of other states of 
 the Union, the enactment is clearly violative 
 of section 2, of article IV, of the federal 
 constitution. — Quong Ham Wah Co. v. In- 
 dustrial Accident Commission, (Cal.), 6 
 I. A. C. Dec. 248 (Owe Ming v. Alaska Pack- 
 ers Association, 6 I. A. C. Dec. 67). 
 
 896. Release In New Mexico. — A release 
 of compensation for an injury compensable 
 under the California act, executed in New 
 Mexico, for an injury sustained in the latter 
 state, is subject to jurisdiction of the Cali- 
 fornia commission, and where such release 
 does not provide for payment of full com- 
 pensation it does not divest the employee 
 of his rights under the act. — Kistler v. Wil- 
 liam Simpson, etc., Co., 5 I. A. C. Dec. 26. 
 
 897. Constitutionality of section 75(a). 
 
 — Tlie section is not subject to attack on 
 the ground of unwarranted discrimination 
 against non-resident employees, by employ- 
 ers, since they do not belong to the ex- 
 cluded class. — Estabrook Co. v. Industrial 
 Accident Commission, 177 Cal. 767, 177 Pac. 
 848, 5 I. A. C. Dec. 65; Klamath S. S. Co. 
 V. Industrial Accident Commission, 55 Cal. 
 Dec. 521, 5 I. A. C. Dec. 65.
 
 Aft 2781 
 
 GBIVKRAL LAWS. 
 
 1674 
 
 S98. Section 75(a> not limitation but 
 irrant of power. — Section 75(a) was ob- 
 \ iously not designed as a limitation upon 
 the jurisdiction theretofore vested in the 
 commission, hut was intended, rather, as a 
 grant of power. — North Alaska Salmon Co. 
 V. Pillsbury, 174 Cal. 1, 6, L. R. A. 1917E, 642, 
 162 Pac. 93. 
 
 son. Jurlndietlon prior to enactment of 
 uns. — Prior to the amendment of 1915. add- 
 ing section 75(a) to the workmen's compen- 
 sation act, the commission had no jurisdic- 
 tion over questions of compensation under 
 the act, where the injury occurred outside 
 the territorial limits of the state of Cali- 
 fornia. — North Alaska Salmon Co. v. Pills- 
 bury. 174 Cal. 1. 6, L. R. A. 1917E. 642, 162 
 Pac. 93; Kruse v. Pillsbury, 174 Cal. 222, 
 223, 162 Pac. 891. 
 
 noo. EITect of Hccfion 75 (a> of act — 
 Death benefit for injury and deatli in an- 
 otiier state. — The commission has jurisdic- 
 tion to award a death benefit for the injury 
 and death in another state after the section 
 became effective, of an employee who was a 
 resident of and hired in this state. — Fur- 
 long V. Woodward-Bennett Co., 4 I. A. C. 
 Pec. 116. 
 
 S. Notice of injury. 
 
 001. Notice of original injury re(]uired, 
 not notice of "further disability." — The no- 
 tice in writing required to be given to the 
 employer under section 20 of the act is a 
 notice of the original injury, and not the 
 further disability under subdivision c of 
 section 16, where compensation has been 
 given for the original disability. — Em- 
 ployee's Credit Co. v. Industrial Accident 
 Commission, 177 Cal. 46, 49, 169 Pac. 1001. 
 
 002. Notice by reg:i.stered letter sufficient. 
 
 — Wliere an injured employee mailed to his 
 employer's address a registered letter noti- 
 fying him of the injury in form sufficient 
 to satisfy the requirements of the act and 
 the letter was delivered within thirty days 
 from the date of injury at the employer's 
 address, but the employer did not receive 
 it because of a temporary absence, until 
 the period of thirty days had expired, it 
 was held that such employee had given suf- 
 ficient w^ritten notice of such injury. — Cuth- 
 bert Burrel Co., 4 I. A. C. Dec. 141. 
 
 00.^. Hlvidence insufficient to establish 
 actual notice. — Evidence considered and 
 held to be insufficient to establish actual 
 notice on the part of the employer. — Smith 
 v. Industrial Accident Commission, 174 Cal. 
 199. 201, 162 Pac. 636. 
 
 004. Actual knowledgre — Oral informa- 
 tion. — Oral information on the part of the 
 employer of the employee's injury does not 
 take the place of the actual knowledge 
 which is the equivalent of the written no- 
 tice required by section 20 of the workmen's 
 compensation act, or the written notice 
 itself. — Smith v. Industrial Accident Com- 
 mission, 174 Cal. 199, 203, 162 Pac. 636. 
 
 005. Notice of injury — .Vctual knowledge 
 of employer. — Under the proviso of section 
 20 of the act of 1917 actual knowledge of 
 the "accident" is not equivalent to actual 
 
 knowledge of the "injury." — Smith v. Indus- 
 trial Accident Commission. 174 Cal. 199, 203, 
 1C2 Pac. 636, 4 I. A. C. Dec. 2 (Rives v. 
 Smith, 2 I. A. C. Dec. 888). 
 
 OOft. Actual knowIedKc is cqulTalent to 
 notice. — Under the provisions of section 20 
 of the act, which provides for actual knowl- 
 edge on the part of the employer, shall be 
 equivalent to service of notice, the com- 
 mission is justified in concluding that the 
 employe-r had knowledge of the injury of 
 the applicant -vyhere the foreman had 
 knowledge that for some time after the 
 accident, he suffered pain and was not able 
 to do his usual work, although the em- 
 ployee thought that he had suffered no sub- 
 stantial injury and rejected the suggestion 
 of the foreman that a report of the acci- 
 dent be made. — Leadbettor v. Georgia Cas- 
 ualty Co., 179 Cal. 468, 177 Pac. 449, 5 I. A. C. 
 Dec. 233 (S. C. 26 Cal. App. Dec. 1268, 5 
 I. A. C. Dec. 143). 
 
 007. Same — .\ctual or flr«t-hand knowl- 
 edse.^ — The proviso of section 20 of the act 
 of 1913 that actual knowledge of the em- 
 ployer of the injury shall be equivalent to 
 service of written notice therefor, contem- 
 plates actual or first-hand knowledge, and 
 oral information of the injury conveyed to 
 such employer is insufficient. — Smith v. In- 
 dustrial Accident Commission, 53 Cal. Dec. 
 58, 4 I. A. C. Dec. 2 (Rives v. Smith. 2 
 I. A. C. Dec. 888). 
 
 90S. Not prejudiced by 'want of notice. — ■ 
 Where no written notice of injury was 
 given to the employer by or in behalf of 
 the injured employee, but the employer was 
 not prejudiced by the lack of such notice 
 and he had oral information of said injury 
 from the injured employee and knew in 
 detail of the employee's claim for compen- 
 sation on the day the injury was sustained, 
 it was held that said employer was notified 
 as required by section 20. — Rives v. Smith, 
 4 T. A. C. Dec. 121; Hopper v. Cuthbert Bur- 
 rel Co., 4 I. A. C. Dec. 141; Hoag v. Elk 
 Grove, etc., Dist., 4 I. A. C. Dec. 70; Cousins 
 V. Hanlon, 4 I. A. C. Dec. 97. 
 
 909. Same — Making defense. — Under the 
 circumstances of the present case it is held 
 that the defendant had not sufficient op- 
 portunity to investigate the facts and was 
 prejudiced in making his defense by fail- 
 ure to give notice of injury within the 
 time and in the manner prescribed by the 
 workmen's compensation act. — Kirkwood v. 
 Giant Powder Co., 5 I. A. C. Dec. 198. 
 
 010. Same — No "intention to mislead or 
 prejudice employer." — It was held in the 
 present case that the failure to notify the 
 employer of the injury in the time required, 
 did not under the circumstances of this case 
 show an "intention to mislead or prejudice 
 the employer" or that he was "in fact mis- 
 led or prejudiced thereby " as those words 
 are used in section 20 of the act. — Telford 
 V. Healy-Tibbitts Construction Co., 3 I. A. C. 
 Dec. 41. 
 
 911. Notice of employer to employee un- 
 der section 34. — The assumption of liability 
 by an insurance carrier does not dispense 
 with the necessity for the employer to give
 
 1675 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 ■written notice to the employee of that fact. 
 — Hoover v. Kuykendall, 3 I. A. C. Dec. 51. 
 
 912. Under section 34 of the act, when 
 an employer, who is insured against lia- 
 bility for compensation under the act with 
 a company authorized to do such business 
 in the state, gives to the claimant and the 
 insurance carrier, and files with the com- 
 mission the notices required by that section, 
 he is relieved from liability for compensa- 
 tion, even though, when the notices are so 
 served and filed, the right of the insurance 
 carrier to do business in the state has been 
 revoked. — Weiser v. Industrial Accident 
 Commission, 172 Cal. 538, 539, 157 Pac. 593. 
 
 913. Waiver by employer of right to se- 
 lect physician. — Where the employer be- 
 lieving that the injuries suffered by an 
 employee were only trivial, as did the lat- 
 ter after visiting a physician, tendered 
 medical services preliminarily, he would be 
 justified in resting upon the assurances 
 presented by these conditions until he had 
 notice to the contrary, and where the em- 
 ployee later found that the disability con- 
 tinued and became more aggravated and 
 endeavored first to secure relief through 
 physicians who he was informed and be- 
 lieved were the employer's physicians and 
 the employer had notice thereof and failed 
 to offer the services of a physician of his 
 own selection, the right to make such se- 
 lection was waived. — Leadbettor v. Indus- 
 trial Accident Commission, 26 Cal. App. Dec. 
 1268, 5 I. A. C. Dec. 143. 
 
 3. Application. 
 
 914. No particular form required. — It be- 
 ing the policy of the law to encourage in- 
 formality in proceedings before the com- 
 missioner, no particular form is required 
 for an application for compensation. — 
 Knudsen v. Kallstrom, 4 I. A. C. Dec. 259. 
 
 915. Filing request for disability rating-. 
 
 — The filing of a request for a rating upon 
 one of the customary blanks supplied by 
 the commission, accompanying a surgeon's 
 report giving a detailed description of the 
 permanent injury sustained and a certificate 
 of the employer setting forth the appli- 
 cant's wages, constitutes the filing of an 
 application within the meaning of section 
 22 of the act. — Knudsen v. Kallstrom, 4 
 I. A. C. Dec. 259. 
 
 916. The filing of a request for a rating 
 
 on one of the customary applications sup- 
 plied by the commission, accompanying an 
 affidavit setting forth details entitling the 
 employee to general relief is the filing of 
 an application within the meaning of sec- 
 tion 22 of the act of 1913. — Miller v. Oak 
 Ridge, etc., Co., 4 I. A. C. Dec. 129. 
 
 4. Evidence. 
 
 917. Evidence taken prior fo service of 
 notice of hearing — Invalid avrard. — The in- 
 dustrial accident commission can not make 
 a valid award upon evidence taken prior to 
 service of notice of hearing upon the party 
 liable. — First Church v. Industrial Accident 
 Commission, 173 Cal. 552, 553, 160 Pac. 675. 
 
 917a. Evidence taken before the commis- 
 sion in support of a claim for an award 
 against an owner of property, as an em- 
 ployer, without notice, can not be consid- 
 ered in support of findings against him. — 
 Carstens v. Pillsbury, 172 Cal. 572, 158 Pac. 
 218. 
 
 917b. The commission is not authorized 
 under section 24 to proceed secretly with- 
 out notice to interested parties. — Mesmer & 
 Rice V. Industrial Accident Commission, 26 
 Cal. App. Dec. 220, 5 I. A. C. Dec. 22 (Wilson 
 V. Mesmer & Rice, 4 I. A. C. Dec. 139). 
 
 917c. W^here evidence is taken without 
 notice to an interested party, it is in viola- 
 tion of the due process clause of the federal 
 constitution, and is a question of jurisdic- 
 tion and not one of mere procedure. — Mes- 
 mer & Rice v. Industrial Accident Commis- 
 sion, 26 Cal. App. Dec. 220, 5 I. A. C. Dec. 
 22 (Wilson v. Mesmer & Rice, 4 I. A. C. 
 Dec. 139). 
 
 917d. Same— Testimony given Tvithout 
 opporlunity to cross-examine. — Where the 
 principal question before the commission 
 was whether the applicant's disabilities were 
 the result of the accident or arose from a 
 certain disease with which it was claimed 
 he was afllicted, and it was stipulated the 
 commission's physician should examine him, 
 the commission is without jurisdiction to 
 consider the unverified reports of two other 
 physicians, who were called in for consul- 
 tation, without notice to the employer, or 
 allowing him to cross-examine them, not- 
 withstanding such reports were but cumu- 
 lative of the report of the commission's 
 physician. — Mesmer & Rice v. Industrial 
 Accident Commission, 26 Cal. App. Dec. 220, 
 5 I. A. C. Dec. 22 (Wilson v. Mesmer & 
 Rice, 4 I. A. C. Dec. 139). 
 
 91 7e. Same — Hearing before referee. — 
 
 Under the act of 1917, where a proceeding 
 for compensation is heard before a referee 
 without notice to the insurance carrier, and 
 without its being represented, and testi- 
 mony is heard, directly controverting the 
 contention of the carrier, and without an 
 opportunity for cross-examination, it is the 
 duty of the commission to reopen the mat- 
 ter for such cross-examination or for 
 counter-testimony, unless there is no possi- 
 bility of changing the result by that means. 
 — Ocean, etc.. Corporation, Limited v. In- 
 dustrial Accident Commission, 180 Cal. 389, 
 182 Pac. 35. 
 
 917f. Lack of notice — Contravention of 
 constitutional provisions. — Under section 25, 
 a notice showing that the employee claims 
 that a temporary disability has become 
 permanent since the award was made, and 
 stating it would be amended so as to pro- 
 vide a further allowance to cover a per- 
 manent disability rating "unless good cause 
 to the contrary be shown in writing and 
 filed with the commission within ten days, 
 is sufficient, does not contravene the pro- 
 visions of the act and is not open to ob- 
 jection on constitutional grounds. — Massa- 
 chusetts, etc., Co. V. Industrial Accident 
 Commission, 176 Cal. 488, 4P1, 16S Pac. 1050.
 
 Act 2781 
 
 GENERAL. LAWS. 
 
 1676 
 
 918. Evidence — Power to take secretly — 
 Want of due proceBW. — Even if the lanpuag-e 
 of section 24 were capable of an interpre- 
 tation giving the commission power to take 
 evidence secretly, it would clearly be a vio- 
 lation of the right to due process of law. — 
 Carstens v. Pillsbury, 172 Cal. 572, 577, 158 
 Pac. 218. 
 
 919. Evidence of medical expert — Not 
 l^iven under oath, and not siven after no- 
 tice. — The opinion of a medical expert, not 
 made under oath, and not a part of the 
 evidence given before the referee or the 
 4-ommission, and given without any informa- 
 tion to the employer and insurer that it 
 was to be given, or considered, or that it 
 was filed, and without any opportunity to 
 interrogate the medical expert, or to make 
 further proof, is not entitled to any weight 
 in the court's consideration of the question. 
 —Pacific Coast Casualty Co. v. Pillsbury, 
 171 Cal. 319, 324, 153 Pac. 24. 
 
 920. Burden of proof — Relationship of 
 employer and employee. — The existence of 
 the relation of employer and employee at 
 the time of accidental injury or death is 
 essential to the jurisdiction of the commis- 
 sion to make an award, and the burden of 
 proving such relationship is on the claim- 
 ant. — Connolly v. Industrial Accident Com- 
 mission, 173 Cal. 405, 407, 160 Pac. 239. 
 
 921. Same — Accident arising out of and 
 in course of employment. — It devolves upon 
 one claiming compensation to establish by 
 evidence the fact that the employee was 
 injured by an accident arising out of and 
 in the course of the employment. — Casualty 
 Co. V. Industrial Accident Commission, 17G 
 Cal. 530, 533, 169 Pac. 76. 
 
 922. Same — Unexplained injury. — Where 
 applicant proved thg.t the employee was 
 killed while at work, by an unexplained 
 fall, she has established a prima facie case 
 of an injury arising out of and proximately 
 caused by the employment, and the burden 
 of proving that the fall was due to other 
 causes was upon the defendants, and upon 
 failure to do so a death benefit was 
 awarded. — Schwartz v. Pacific, etc., Co., 6 
 I. A. C. Dec. 67. 
 
 923. Same — Existence of compensable 
 injury. — The burden of proving that the 
 injury for which compensation is asked was 
 suffered in the course of the employment 
 and arose out of the employment is upon 
 the claimant. — John A. Roeblings, etc., Co. 
 V. Industrial Accident Commission, 36 Cal. 
 App. 10, 171 Pac. 987, 5 I. A. C. Dec. 11 
 (Bundshu v. John A. Roeblings, etc., Co., 4 
 I. A. C. Dec. 215. 
 
 924. Same — Employee not required to 
 establish source of Injury scientifically. — 
 The employee is not required to account 
 scientifically for the source of contagion 
 or the cause of a disease affecting him, but 
 only to establish by the preponderance of 
 likelihood that his disability arose out of 
 and happened in the course of his employ- 
 ment. — Reeves v. Diamond Match Co., 5 
 I. A. C. Dec. 236. 
 
 924a. Same — Same— Reasonable certainty 
 only required. — In order to charge a dis- 
 
 ability to a pre-existing condition, such 
 condition must be established to a reason- 
 able certainty. — Snyder v. Pacific, etc., Co., 
 3 I. A. C. Dec. 1. 
 
 92."t. Same — Same — Demonstration not re- 
 quired — Only reasonable certainty. — The 
 act requires only that degree of proof 
 which produces conviction in an unpreju- 
 diced mind, and a demonstration as to the 
 cause of a death. — Shell Co. v. Industrial 
 Accident Commission, 36 Cal. App. 463, 172 
 Pac. 611. 
 
 926. Same — Willful misconduct not re- 
 quired to be shown afllrmatively. — An ap- 
 plicant for an award under the workmen's 
 compensation act is not required to show 
 affirmatively the absence of willful mis- 
 conduct upon the part of the killed or in- 
 jured employee. — United States Fidelity and 
 Guaranty Co. v. Industrial Accident Com- 
 mission, 174 Cal. 616, 619, 163 Pac. 1013. 
 
 927. Same — Same — Affirmative defense. — 
 The burden of proof is not on the employee 
 to prove jurisdictional facts and he need 
 not affirmatively prove the absence of will- 
 ful misconduct. The defense of willful mis- 
 conduct is a matter of affirmative defense, 
 to be established by the employer. — Zanotti 
 V. Aquilino & Lagomarsino Co., 3 I. A. G. 
 Dec. 53. 
 
 928. Same— Not on dependents to prove 
 innocence of willful misconduct. — In pro- 
 ceedings before the industrial accident com- 
 mission the burden of proof is not upon 
 the injured workman or the surviving de- 
 pendents of a deceased employee to prove 
 innocence of willful misconduct. In such 
 proceedings willful misconduct on the part 
 of the injured employee is a matter of af- 
 firmative defense.— United States, etc., Co. 
 V. Industrial Accident Commission, 174 Cal. 
 616, 163 Pac. 1013, 4 I. A. C. Dec. 79 (Maffia 
 V. Aquilino, 3 I. A. C. Dec. 15; Zanotti v. 
 Aquilino, 3 I. A. C. Dec. 53). 
 
 929. Same — Employee must show that 
 Influenza resulted from exceptional ex- 
 posure of employment. — Where an employee 
 claimed compensation for a disability 
 caused by heart disease resulting from an 
 attack of influenza, the burden is on him to 
 show that his disability resulted from the 
 exceptional exposure to which he was sub- 
 jected in caring for influenza patients at 
 his employer's request. — Engels, etc., Co. v. 
 Industrial Accident Commission, (Cal.) 192 
 Pac. 845. 
 
 See, also, San Francisco v. Industrial Ac- 
 cident Commission, (Cal.) 192 Pac. 26 (Slat- 
 tery v. San Francisco, 6 I. A. C. Dec. 140). 
 
 930. Same — After prima facie case — Bur- 
 den is on employer. — Where an injured em- 
 ployee has once established as a fact that 
 his total disability was proximately caused 
 by injury, the burden of proof that disability 
 was not so caused is upon the employer. — • 
 State Compensation Insurance Fund v. 
 Tripp, 4 I. A. C. Dec. 151. 
 
 931. Same — Every contrary possibility 
 need not be negatived. — Even though the 
 burden of proof is upon the applicant, it is 
 not necessary that every po.ssibility of 
 death by other tlian accidental means
 
 1677 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 should be negatived. — W. R. Rideout Co. v. 
 Pillsbury, 173 Cal. 132, 134, 159 Pac. 435. 
 
 932. Same — Circumstantial evidence. — 
 
 The burden of proof of death of the em- 
 ployee by violence is upon the applicant, 
 but it is satisfied by circumstantial evi- 
 dence, and proof of the finding of the body 
 is not a prerequisite. — Western, etc., Co. v. 
 Pillsbury, 173 Cal. 135, 138. 159 Pac. 423. 
 
 933. Hearsay testimony — Status of em- 
 ployee can not be shown by. — The status of 
 an employee, for whose accidental death 
 compensation Is asked, can not be shown 
 by hearsay testimony. — Connolly v. Indus- 
 trial Accident Commission, 173 Cal. 405, 407, 
 160 Pac. 239. 
 
 944. Same — Statements of deceased em- 
 ployee competent. — Hearsay testimony rela- 
 tive to the statements of a deceased em- 
 ployee relating directly to his injury is 
 competent under section 77(a) of the work- 
 men's compensation, insurance and safety 
 act of 1915. — Western Indemnity Co. v. In- 
 dustrial Accident Commission, 174 Cal. 315, 
 163 Pac. 60. 
 
 945. Same— Section 77(a) — Declarations 
 of deceased. — Under section 77(a) of the 
 act of 1913, as amended in 1915, declara- 
 tions of the deceased to the effect that his 
 crutch slipped and he fell and refractured 
 his leg are admissible where death followed 
 an operation made necessary by the injury. 
 — Shell V. Industrial Accident Commission, 
 36 Cal. App. 463, 172 Pac. 611. 
 
 946. Same — Same — Relating- directly to 
 injnry, admissible. — Under the amendment 
 of section 77(a), hearsay evidence is admis- 
 sible in cases of death where the hearsay 
 testimony relates directly to the injury in 
 question. Hearsay evidence as to the oc- 
 currence of the death which resulted from 
 a second accident was the direct outcome 
 of the first, is admissible. — Shell Co. v. In- 
 dustrial Accident Commission, 36 Cal. App. 
 463, 172 Pac. 611, 5 I. A. C. Dec. 50. 
 
 947. Same — Same — Section 75 (6) — Not 
 technical rule of evidence. — Neither the 
 provisions of section 75 (subdv. 6) nor of 
 section 77, authorize the commission to 
 make an award where it is based solely on 
 hearsay evidence, since the rule as to hear- 
 say is not a technical rule of evidence. — 
 Englebretson v. Industrial Accident Com- 
 mission, 170 Cal. 793, 797, 151 Pac. 421. 
 
 948. Same — Section 60(a) act of 1917 — 
 Deposition admissible. — Under section 60, 
 subdivision (a) of the act of 1917, a depo- 
 sition, although hearsay as to the parties 
 against whom it was introduced and not 
 within any exception to the hearsay rule, 
 was yet admissible. — The Ocean, etc.. Cor- 
 poration, Limited v. Industrial Accident 
 Commission, 180 Cal. 389, 182 Pac. 35, 6 
 I. A. C. Dec. 82. 
 
 949. Same— Sufficiency of, as to depen- 
 dency. — A finding of the commission of the 
 dependency of an applicant for compensa- 
 tion based upon the hearsay testimony of 
 a person with whom the deceased employee 
 had deposited money, that such person, 
 from time to time, had, at the request of 
 the deceased, advanced money to him upon 
 
 the statement that he wanted to send the 
 money home, is unsupported. — Western In- 
 demnity Co. V. Industrial Accident Commis- 
 sion, 35 Cal. App. 104, 169 Pac. 261, 4 I. A. C. 
 Dec. 328 (Pavlovic v. Glick, 4 I. A. C. Dec. 
 114). 
 
 950. Unverffied report of physician — 
 Same as allegation of complaint — Not evi- 
 dence. — An unverified report of a physician, 
 made a part of an application for an 
 amendment of an aw^ard for temporary dis- 
 ability by providing an additional allow- 
 ance for permanent disability, has the same 
 standing as an allegation of a complaint 
 in an ordinary action at law, and does not 
 raise a question as to the competency of 
 evidence. — Massachusetts, etc., Co. v. In- 
 dustrial Accident Commission, 176 Cal. 488, 
 493, 168 Pac. 1050. 
 
 951. Testimony by physicians — Not con- 
 clusive as against unprofessional testimony. 
 
 — The commission is not bound by the fact 
 that the testimony of physicians offered on 
 a medical point is unanimous; and if their 
 testimony is weak or contradictory, and 
 unprofessional testimony is found to be 
 inherently more probable, the commission 
 will be governed by the merits. — Snyder v. 
 Pacific, etc., Co., 3 I. A. C. Dec. 1. 
 
 952. Report of physician — Scope of In- 
 quiry. — Where the question arose as to 
 whether the disability of the applicant was 
 due to a certain disease with which it was 
 claimed he was afflicted rather than to the 
 injury received at the time of the accident, 
 the physician had the right to employ 
 assistance to make certain observations as 
 to the applicant, including a serological ex- 
 amination, and to report the result for his 
 information in observing the applicant and 
 in coming to a conclusion. — Mesmer & Rice 
 (a corporation) v. Industrial Accident Com- 
 mission, 178 Cal. 466, 173 Pac. 1099, 5 I. A. C. 
 Dec. 150 (Wilson v. Mesmer & Rice (a 
 corporation), 4 I. A. C. Dec. 139, 5 I. A. C. 
 Dec. 22). 
 
 953. Mental Incompetency — Recital as to 
 In court order, not binding on commission. 
 — The recitals in a superior court order ap- 
 pointing a guardian as to mental incom- 
 petency prior to petition, are not binding 
 on the commission. — Ghiorso v. Standard 
 Lumber Co., 5 I. A. C. Dec. 172. 
 
 954. Marriage — W^ant of record. — ^The 
 fact that a dependent and deceased em- 
 ployee were living together as husband and 
 wife was not sufficient evidence of mar- 
 riage in the absence of record required by 
 law. — Blanca v. King, 5 I. A. C. Dec. 196. 
 
 955. Circumstantial evidence does not 
 overturn presumption of lawful conduct. — 
 Where a deceased employee was killed 
 while driving an automobile, an award of 
 compensation will not be annulled because 
 the deceased was driving faster than the 
 lawful limit of thirty miles per hour al- 
 lowed by the motor vehicle act, where the 
 evidence of such violation of the act was 
 circumstantial, in view of the presumption 
 that he was driving at a lawful rate of 
 speed. — United States, etc., Co. v. Indus-
 
 Act 2781 
 
 GEiNCRAL LAWS. 
 
 1678 
 
 trial Accident Commfsslon. 1S1 Cal. 147, 183 
 Pac. 540. 6 I. A. C. Dec. 127. 
 
 95C. Unauthentlcated lotter, not writ- 
 fen or Bifcnod by deiiendent in-siifflcient evi- 
 dence of authority. — An unauthentlcated 
 letter from the father of a deceased em- 
 ployee, not written or signed by such father, 
 directed to an attorney. Is not sufficient to 
 authorize the filing of a claim for a death 
 benefit, and the irregularity Is not cured 
 by a purported power of attorney, where 
 there is nothing- in the record to show that 
 It was acknowledged, or Its execution 
 proved in a manner that could be accepted 
 as a sufficient authentication thereof. — 
 Western Indemnity Co. v. Industrial Acci- 
 dent Commission, 35 Cal. App. 104, 169 Pac. 
 261. 
 
 957. Admission.s made in delirium or 
 while dazed or in shoolt; after an inquiry 
 sustained, are held not to be sufHcient to 
 support an allegation of attempted rescue 
 of a child as the cause of an injury. — Sibley, 
 etc., Co. V. Nelson, 5 I. A. C. Dec. 203. 
 
 958. Commission not bound by stipula- 
 tion as to facts. — The commission is not 
 bound to make its award upon a stipula- 
 tion of facts alone, but is authorized, under 
 subdivision b of section 24, take further 
 testimony, after the parties stipulate as to 
 the facts. — Frankfort G. Ins. Co. v. Pills- 
 bury, 173 Cal. 56, 58, 159 Pac. 150. 
 
 958a. Oral testimony as to relations of 
 parties. — Upon the hearing of an applica- 
 tion for compensation for injuries received 
 while the applicant was personally dis- 
 charging duties which devolved upon him 
 by virtue of his written contract with his 
 employer, the commission may admit oral 
 testimony as to the actual relations of the 
 parties, where the contract merely provided 
 for furnishing a delivery truck and driver, 
 but did not provide for any personal serv- 
 ices by the applicant. — Eng-Skgll Co. v. In- 
 dustrial Accident Commission, 30 Cal. App. 
 Dec. 450, 186 Pac. 163, 6 I. A. C. Dec. 209. 
 
 959. Average annual earnings — Payrolls 
 of employer. — Where the only evidence of 
 the amount of the earnings of the deceased 
 employee were contained in the payrolls of 
 certain coal companies for which the de- 
 ceased had worked, It was held that testi- 
 mony of fellow employees to the effect that 
 the deceased had earned an average of $25 
 a week during the year preceding his 
 death, was held to be sufficient to justify 
 a finding that the decedent's weekly earn- 
 ings averaged that amount. — Souza v. West- 
 ern, etc., Co., 4 I. A. C. Dec. 95. 
 
 960. Conflict of evidence — Commission 
 final arbiter. — Where there is a conflict in 
 the testimony, or where opposing infer- 
 ences may reasonably be drawn, the com- 
 mission is the final arbiter. — Walker v. In- 
 dustrial Accident Commission, 177 Cal. 737, 
 738, L. R. A. 1918F, 212, 171 Pac. 954. 
 
 961. Evidence sufficient to establish 
 willful misconduct. — Evidence held insuf- 
 ficient to establish the willful misconduct 
 of the injured employee. — Maffla v. Aquilino, 
 3 I. A. C. Dec. 15. 
 
 962. Evidence insufficient to establish 
 deliberate and intentional failure to ob- 
 serve rule. — It was held that the evidence 
 in the present case showed a deliberate and 
 intentional failure to observe a safety rule. 
 — Thorla v. Atchison, etc., Co., 4 I. A. C. 
 Dec. 143. 
 
 963. Evidence sufficient to establish that 
 injury proximately caused disaliility. — It 
 was held in the present case that the evi- 
 dence was sufficient to establish by a rea- 
 sonable preponderance of likelihood that 
 the disability to a sarcoma was proximately 
 caused by the injury. — ^Vllla v. Santa Ana 
 Sugar Co., 4 I. A. C. Dec. 147. 
 
 964. Evidence not sufficient to shovr seri- 
 ous and willful misconduct. — Held that seri- 
 ous and willful misconduct of the employer 
 was not shown by the evidence in this case. 
 — Pierce v. Rosenberg, 6 I. A. C. Dec. 241. 
 
 96.'>. W^illful misconduct — Absence of In- 
 ference. — Upon this application for a writ 
 of review to annul an award made by the 
 commission to the dependents of a deceased 
 employee, it is held that the inference that 
 the deceased was guilty of willful miscon- 
 duct in returning to work to the place from 
 which he had been taken earlier in the day 
 and where he ultimately met his death, is 
 not to be drawn from such action. — Gray v. 
 Industrial Accident Commission, 34 Cal. App. 
 713. 168 Pac. 702, 4 I. A. C. Dec. 296 (Leal 
 V. Gray, 4 I. A. C. Dec. 218). 
 
 966. Evidence sufficient — Sl<in disease 
 contracted from wood dust. — Where a work- 
 man required continuously to walk in wood 
 dust an inch thick, contracted a skin af- 
 fection in the lower limbs, and a few other 
 workmen similarly exposed were likewise 
 affected, and no other probable cause for 
 the affection was presented, it was held that 
 the evidence was sufficient to establish that 
 the dust was the cause of the skin affection. 
 — Reeves v. Diamond Match Co., 5 I. A. C. 
 Dec. 236. 
 
 967. Evidence sufficient — Death result of 
 injury. — The evidence in the present case 
 is held to be sufficient to prove that the 
 death of the deceased employee while em- 
 ployed as a pitman of a steam shovel was 
 a result of an injury sustained in the course 
 of employment. — Duffy v. California, etc., 
 Co., 5 I. A. C. Dec. 204. 
 
 968. Evitlence insufficient — Injury caused 
 death. — It was held in the present case that 
 the evidence w^as insufficient to establish 
 that death was- proximately caused by the 
 fall of a carpenter. — Lind v. Anderson, 4 
 I. A. C. Dec. 103. 
 
 969. Evidence sufficient to shovr cause of 
 dinaliility as alleged. — It was held in the 
 present case that the evidence was suf- 
 ficient to warrant a finding that the dis- 
 ability was proximately caused as alleged. 
 — Hoag V. Elk Grove, etc., District, 4 I. A. C. 
 Dec. 70. 
 
 970. Evidence not sufficient to show 
 husband employee of wife. — It was held 
 that the evidence in the present case was 
 not sufficient to show that the husband 
 was an employee of his wife, but that ii 
 showed rather that the construction was
 
 167D 
 
 MASTER AND SERVANT. 
 
 Act 27S1 
 
 engaged in as a community or partnership 
 undertaking' for their general benefit. — 
 Braun v. Braun, 4 I. A. C. Dec. 90. 
 
 971. Evidence insufficient to overturn in- 
 herent Improbability. — It was held under 
 the circumstances of the present case to 
 be inherently improbable that the appli- 
 cant sustained a traumatic injury, or that 
 the injury claimed to have been sustained 
 was the cause of the ailment of the eye 
 claimed. — Singh v. Reclamation District, 
 etc., 4 I. A. C. Dec. 29. 
 
 972. Evidence not sufficient to establish 
 fiiat injury caused deatli. — It was held in 
 the present case that the evidence was not 
 sufficient to establish as a fact that death 
 resulting from abscesses and pyemia was 
 not proximately caused by a horse bite suf- 
 fered in the course of his employment. — 
 Manning v. United Milk Co., 4 I. A. C. Dec. 
 19. 
 
 973. Evidence sufficient to shovr cause of 
 disability as claimed. — The evidence in the 
 present case was held to be sufficient to 
 prove that the employee at employer's con- 
 struction camp contracted typhoid fever 
 from the use of the water of a creek which 
 flowed through the camp. — Price v. Bates, 
 Borland & Ayer, 4 I. A. C. Dec. 99. 
 
 974. Evidence insufficient to show that 
 alleged willful misconduct proximately 
 caused the injury. — An award of compensa- 
 tion for an injury to an eye of an employee 
 af an electro-chemical company from get- 
 ting caustic therein while engaged in the 
 course of his employment is not subject to 
 annulment on the ground of willful mis- 
 conduct in not, at the time of the injury, 
 protecting his eyes by glasses furnished by 
 tlTe company and directed by it to be used, 
 where the evidence is such that it can not 
 be said as to whether or not the absence of 
 the glasses in any way contributed to or 
 caused the injury. — Great Western, etc., Co. 
 V. Industrial Accident Commission, 25 Cal. 
 App. Dec. 895, 4 I. A. C. Dec. 362. 
 
 975. Absence for less than seven years 
 may be sufficient proof of death. — Absence 
 for less than seven years, coupled with 
 other circumstances, may be sufficient proof 
 of death at an earlier date. — Western, etc., 
 Co. v. Pillsbury, 173 Cal. 135, 139, 159 Pac. 
 423. 
 
 976. Custom or nsagere, binding effect of. 
 — A custom or usage in order to have any 
 binding effect must be certain, well known, 
 long established and acquiesced in; and a 
 custom among the employees, unknown to 
 and unrecognized by the employer, can not 
 operate to change one kind of employment 
 into another so as to render an accident 
 therein compensable if it was not incidental 
 to or in the course of the work for which 
 the injured person was employed. — County 
 of Modoc v. Industrial Accident Commission, 
 32 Cal. App. 548, 163 Pac. 685, 4 I. A. C. 
 Dec. 25 (Lytle v. County of Modoc, 3 I. A. C. 
 Dec. 382). 
 
 5. Instructions. 
 
 977. Instructions to jury — Rule as to 
 weisht of evidence — Applicable to indus- 
 
 trial accident commission. — The principle 
 behind the rule that juries are to be in- 
 structed that "they are not bound to decide 
 in conformity with the declarations of any 
 number of witnesses, which do not produce 
 conviction in their mind, against a less 
 number . . . satisfying their minds" 
 operates as strongly upon the commission 
 as instructions under it do upon juries. — 
 Santa Ana, etc., Co. v. Industrial Accident 
 Commission, 25 Cal. App. Dec. 1509, 4 I. A. C. 
 Dec. 381 (Villa v. Santa Ana, etc., Co., 4 
 I. A. C. Dec. 147). 
 
 6. Findings. 
 
 97S. Finding- as to employment, if sup- 
 ported, is not reviewable. — The question 
 whether a claimant for compensation under 
 the workmen's compensation, insurance and 
 safety act is engaged in horticultural labor, 
 and so not within the purview of the act 
 is one of fact to be determined by the com- 
 mission, and its finding, if supported by 
 any rational view of the evidence, is beyond 
 review by the supreme court. — George v. 
 Industrial Accident Commission, 178 Cal. 
 733, 735, 174 Pac. 653. 
 
 97Sa. Status of deceased — Employee or 
 independent contractor. — The finding of the 
 commission that the deceased was a servant 
 of the petitioner and not an independent 
 contractor is conclusive. — Western Metal 
 Supply Co. V. Pillsbury (Cal.), 3 I. A. C. Dec. 
 109 (Mason v. Western, etc., Co., 1 I. A. C. 
 Dec. 284). 
 
 979. Finding as to cancer resulting from 
 fall, held supported by the evidence. — In 
 this case it was held that the finding of 
 the commission that the disability from 
 cancer resulted from a fall is supported by 
 the evidence. — Santa Ana, etc., Co. v. 
 Industrial Accident Commission, 25 Cal. 
 App. Dec. 1509, 4 I. A. C. Dec. 381 (Villa v. 
 Santa Ana, etc., Co., 4 I. A. C. Dec. 147). 
 
 950. General rule of practice — Findings 
 should conform to. — The commission exer- 
 cises judicial functions, and its findings 
 should conform to and be judged by the 
 general rules of practice and law governing 
 the same. — Smith v. Industrial Accident 
 Commission, 26 Cal. App. 560, 147 Pac. 600. 
 
 951. Findings and award have effect of 
 judgment. — The findings and award made 
 by the commiscion in the original proceed- 
 ings for disability indemnity by an injured 
 employee, have the effect of a judgment 
 binding upon the insurance carrier in a 
 matter pertinent to the inquiry regarding 
 the cause of the employee's death, where 
 such death followed the same injury, and 
 it makes no difference ■whether the testi- 
 mony upon which those findings and award 
 were based was itself properly admitted in 
 the widow's proceeding for death indemnity, 
 or not. — Western Indemnity Co. v. Indus- 
 trial Accident Commission, 176 Cal. 776, 783, 
 169 Pac. 663. 
 
 982. Knowledge or notice — Actual knovrl- 
 edge. — A finding by the commission that 
 the defendant "had knowledge or notice of 
 the happening of the accident within the 
 time prescribed by law" is not a finding
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1G80 
 
 that he had "actual knowledgre" of the in- 
 jury within the proviso of section 20 of the 
 act malting actual knowledge equivalent to 
 the written notice of the particulars of the 
 injury. — Smith v. Industrial Accident Com- 
 mission, 174 Cal. 199, 200. 162 Pac. 636. 
 
 nsut. Finding:" upon nitimnte, not proba- 
 tive, (acts required. — Specific findings upon 
 probative facts are not required of the com- 
 mission, but a finding upon the ultimate 
 fact is sufflcient. — Frankfort G. Ins. Co. v. 
 Pillsbury, 173 Cal. 56, 60, 159 Pac. 150. 
 
 084. FIndinji upon conflicting evidence 
 not reviewable. — A finding of the commis- 
 sion upon conflicting evidence that the in- 
 juries of the employee were received while 
 engaged in the performance of his duties 
 under the employment, can not be disturbed 
 on certiorari. — McDonagh v. Industrial Ac- 
 cident Commission, 34 Cal. App. 177, 166 
 Pac. 1024, 4 I. A. C. Dec. 208. 
 
 0.S5. Finding not ■*varranted — Negligence 
 in comniunioution of Infection. — The facts 
 in tliis ca.se are held not to ■w^arrant a 
 conclusion that the commission was bound 
 to find that infection reached the face from 
 the toe was due to the negligence of the 
 employee. — Bethlehem, etc., Co. v. Indus- 
 trial Accident Commission, 58 Cal. Dec. 421, 
 185 Pac. 179, 7 A. L. R. 1180, 6 I. A. C. Dec. 
 211 (Caffrey v. Bethlehem, etc.. Co.. 6 
 I. A. C. Dec. 63). 
 
 OS.%a. Finding as to bar of statute justi- 
 fied. — Upon this application to review an 
 award made by the industrial accident com- 
 mission for compensation for "further dis- 
 aliility" under suljdivision (c> of section 16 
 of the act, it is held that the finding of the 
 commission that the right was not barred 
 at the time of filing of the application is 
 justified by the evidence. — Rea v. Em- 
 ployee's, etc., Co., 4 I. A. C. Dec. 384. 
 
 7. Orders. 
 
 986. Service — Dismissal for want of. — 
 
 Where an employer was erroneously named 
 in an application and was not served, the 
 proceeding was dismissed after the expira- 
 tion of the limitation of time. — Quaranga 
 V. Ancil Creek Mine, 5 I. A. C. Dec. 129. 
 
 nSOa. Dismissal on own motion for want 
 of jurisdiction on face of petition. — Under 
 section 18 (c) of the act of 1917, the com- 
 mission is authorized to dismiss an applica- 
 tion for compensation on its own motion, 
 where it appears on the face of the appli- 
 cation that the commission is without juris- 
 diction to award compensation. — Williams 
 v. United States, etc., Co.. 5 I. A. C. Dec. 
 44. 
 
 987. Consolidation of two proceedings^ 
 For disability and for death. — Where the 
 two compensable conditions, injury and 
 death, arose out of the same casualty, the 
 two proceedings — the one by the employee 
 for the injury and the other by the widow 
 for his death — are separate ones, and the 
 continuing jurisdiction given by section 
 25 (d) is immaterial to the widow's appli- 
 cation, and the order consolidating the two 
 proceedings was a mere act of caution and 
 without significance or effect, being wholly 
 
 unnecessary. — Western Indemnity Co. v. 
 Industrial Accident Commission, 176 Cal. 
 776, 782, 169 Pac. 663. 
 
 8. Statute of limitations. 
 988. Statute afltects only the remedy. — 
 
 This section furnishes a bar within the 
 meaning of the rule that the statute of 
 limitations affects only the remedy, and, as 
 matter of defense, is waived if not pleaded. 
 — Red River Lumber Co. v. Pillsbury, 174 
 Cal. 37, 39, 161 Pac. 982. 
 
 08!). The provisions of section 11 of the 
 act of 1917 are procedural. — The provisions 
 of section 11 of the act of 1917 are pro- 
 cedural and apply to any proceedings after 
 the act became effective, although for the 
 purpose of recovering compensation for an 
 injury sustained under an earlier act, and 
 where an application is filed within six 
 months after the furnishing by the em- 
 ployee of medical treatment the application 
 is not barred. — Kinnie v. Southern Pacific 
 Co., 6 I. A. C. Dec. 57. 
 
 900. Force and effect of phrase "wholly 
 barred." — The language of this section is 
 that the right to institute the proceeding 
 Is "wholly barred" by the specified lapse of 
 time, and it does not mean that the pro- 
 vision relates back and avoids the claim 
 from the beginning or forfeits the right. — 
 Red River Dumber Co. v. Pillsbury, 174 Cal. 
 37, 40, 161 Pac. 982. 
 
 991. Significance of word "barred." — The 
 use of the word "barred" in this section in 
 itself implies that the lapse of time con- 
 stituting the bar must be raised as a de- 
 fense, and if it is not raised it will be of 
 no avail. — Red River Lumber Co. v. Pills- 
 bury, 174 Cal. 37, 40, 161 Pac. 982. 
 
 092. Filing of application for rating not 
 a commencenient of proceedings for com- 
 pensation. — The filing of an application for 
 a permanent disability rating with the rat- 
 ing department of the commission does not 
 constitute a commencement of proceedingf- 
 for the collection of compensation under 
 section 16 of the workmen's compensation 
 act. — Fidelity & Cas. Co. v. Industrial Acci- 
 dent Commission, 177 Cal. 472, 170 Pac. 1112 
 (Knudson v. Kallstrom, 4 I. A. C. Dec. 259). 
 
 00.1. Filing of request for permanent di.s- 
 ability rating stops running of statute. — ■ 
 The filing of a request for permanent dis- 
 ability rating, together with an aflldavlt 
 setting forth details suflficient to entitle 
 applicant to general relief, stops the run- 
 ning of the period of time limited for in- 
 stituting proceedings before the commis- 
 sion. — Millar v. Oak Ridge, etc., Co.. 4 
 I. A. C. Dec. 129. 
 
 But see Fidelity & Cas. Co. v. Industrial 
 Accident Commission, 177 Cal. 472, 170 Pac. 
 1112 (Knudson v. Kallstrom, 4 I. A. C. Dec. 
 259). 
 
 004. Application of section Iff (c>, act of 
 101.3. — The extension of the limitation pe- 
 riod of six months provided by section 
 16 (c) is limited to the specified case, and 
 does not apply for the purpose of extend- 
 ing the time for the commencement of 
 proceedings upon an original claim not
 
 ICSl 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 previously recognized by the employer by 
 payment of indemnity or agreement. — Ehr- 
 hart V. Industrial Accident Commission, 172 
 Cal, 621, 624. Ann. Cas. 1917E, 465, 158 Pac. 
 193. 
 
 995. Date of last payment of compensa- 
 tion. — Wiien the act, in section 16, speaks 
 of the date of last payment of compensa- 
 tion, it means the date on which the money 
 is actually paid, and the claimant must 
 commence his proceeding within six months 
 thereafter, unless there is some agreement 
 for payment of compensation. — Miller v. 
 Industrial Accident Commission, 172 Cal. 
 473, 474, 156 Pac. 1033. 
 
 996. Extension of period by payment of 
 compensation. — Where a claim was filed 
 against an employer and insurance carrier 
 on October 2, 1915, for an injury sustained 
 on November 11, 1914, and compensation 
 was paid up to August 25, 1915, by the in- 
 surance carrier, but none was paid by the 
 employer, it was held that such compensa- 
 tion was in the partial discharge of the 
 liability of the employer, and therefore as 
 to such employer extended the commence- 
 ment of the running of the statute until 
 payments of compensation ceased. — Hoover 
 V. Kuykendall, 3 I. A. C. Dec. 51. 
 
 997. Payment of iTages — Without per- 
 forming ser>'ice. — Payment of full wages to 
 an employee, after injury, although per- 
 forming no service, can not be considered 
 either as wages or gratuities, but must be 
 deemed compensation under section 11 of 
 the act, and a claim for compensation filed 
 more than six months after the injury 
 though less than six months after the last 
 payment of wages, is not barred by the 
 statute. — Oders v. Great Western, etc., Co., 
 6 I. A. C. Dec. 95. 
 
 998. Same — Performiing: part service. — An 
 employee, who was paid full wages after 
 injury, which disabled him from full per- 
 formance of his duties, but remained at 
 work, the payment of wages can not be 
 considered as payment of compensation, 
 and a claim for compensation filed more 
 than six months after the injury but less 
 than six months from the last payment of 
 wages, was held barred. — McManes v. Ocean, 
 etc., Corporation, 6 I. A. C. Dec. 94. 
 
 999. Same — Excess of wages as compen- 
 sation. — Where an employee who is par- 
 tially disabled by reason of an industrial 
 injury, is given light work and paid his 
 full wages by his employer, the excess of 
 wages paid over the wages earned is not 
 to be considered as payments of compen- 
 sation unless, in addition to these facts, 
 an intent on the part of the employer so 
 to consider it appeal from the circum- 
 stances of the case. — Narta v. Union Brew- 
 ing, etc., Co., 4 I. A. C. Dec. 152. 
 
 1000. Same^i^One day follovrlngr Injnry.^ 
 
 Payment of wages for one day following 
 injury did not constitute payment of com- 
 pensation permitting institution of pro- 
 ceedings within six months from said pay- 
 ment. — Balczynski v. Pacific, etc., Co., 5 
 I. A. C. Dec. 222. 
 Gen. I>aws— 106 
 
 1001. Same — Immaterial Tvhether com- 
 pensation Is due. — It is immaterial whether 
 payments made to an injured employee are 
 intended as compensation or not whenever 
 compensation is due; as a matter of fact, 
 payments made for the benefit of the in- 
 jured employee shall be treated as disabil- 
 ity indemnity, and whenever such payments 
 are made withi.o six months prior to the 
 filing of the ap|)lication the application is 
 not barred. — Howell v. Lanfair, 5 I. A. C. 
 Dec. 176. 
 
 1002. Furnishing medical treatment. — 
 Under the act of 1917 the furnishing of 
 medical treatment is payment of compensa- 
 tion, and the statute of limitations runs 
 from the last day of treatment. — Cooper v. 
 Anaheim, etc., Association, 5 I. A. C. Dec. 
 187. 
 
 1003. Payment for medical services — 
 Act of 1917. — Payment for medical services 
 extends the period of limitations, under 
 act of 1917. — Hughes v. United States, etc., 
 Co., 5 I. A. C. Dec. 134. 
 
 1004. Same — Payment for prior treat- 
 ment. — Payment within six months for 
 treatment theretofore furnished by em- 
 ployer, does not toll the statute of limita- 
 tions. — Fossett V. Venable, 6 I. A. C. Dec. 66. 
 
 1005. Payment of damages under ad- 
 miralty laTv. — Payment of damages under 
 admiralty law for an injury to a seaman 
 on board a ship on the high seas held not 
 to bar a claim for compensation under the 
 act, but the employer will be credited for 
 the amount paid. — Mestrand v. Comyn 
 Mackall & Co., 6 I. A. C. Dec. 126. 
 
 1006. Collection of death benefit. — Under 
 subdivision 2 of section 16 of the act, a 
 proceeding to collect a death benefit can be 
 maintained, although death ensues more 
 than one year from the date of injury, 
 where it is commenced within one year 
 from the date of the death and within two 
 hundred and forty weeks from the date of 
 the injury. — Western Indemnity Co. v. In- 
 dustrial Accident Commission, 176 Cal. 776, 
 782, 169 Pac. 663, 4 I. A. C. Dec. 376 (Henne 
 V. Hjul, 3 I. A. C. Dec. 433). 
 
 1007. Under the act of 1913. — An appli- 
 cation for compensation filed within six 
 months after a payment of disability in- 
 demnity under the act of 1913, is not 
 barred, although more than six months 
 after the injury was sustained. — Kinnie v. 
 Southern Pacific Co., 6 I. A. C. Dec. 57. 
 
 1008. Same — Filing of application for 
 disability rating. — Where proceedings for 
 the collection of compensation were not 
 commenced within six months after the 
 date of the injury, it is barred, although 
 an application for a disability rating was 
 filed with the rating department prior to 
 the expiration of that period. — Fidelity & 
 Cas. Co. V. Industrial Accident Commission, 
 177 Cal. 472, 170 Pac. 1112. 
 
 1009. Claim by forelgna dependent— Appli- 
 cation •within one year from death. — It was 
 held under the circumstances of this case, 
 of a claim by a foreign dependent of the 
 deceased employee w^ho had sent to his 
 attorney in fact a formal power of attor-
 
 Act 2781 
 
 GKIVERAL. LAWS. 
 
 1CS2 
 
 ney. and the attorney In fact thereafter 
 within one year after the death filed an 
 application for a death benefit, that the ap- 
 Iilication filed In the statutory period was 
 sufficient and that the commission had 
 jurisdiction to award a death benefit. — Pav- 
 lovic V. Glick, 4 I. A. C. Dec. 114. 
 
 1010. DlNablllty uncertain. — Where an 
 assayer suffered darkening or discoloration 
 of the skin, due to fumes to which he was 
 subjected by reason of his employment, and 
 the disability resulting from such disfigure- 
 ment was uncertain, it should be considered 
 on application after six months from the 
 award. — Smith v. Treasure Mining Co., 5 
 I. A. C. Dec. 97. 
 
 1011. "Further disaMlIty." — If there have 
 been no proceedings commenced within six 
 months from the date of the injury, and no 
 payment of disability indemnity or agree- 
 ment therefor, the employee is not entitled 
 to institute proceedings grounded upon 
 ••further disability" under section 16 (c) of 
 the act of 1913, after six months from the 
 date of the Injury. — Kauffman v. Indus- 
 trial Accident Commission, 37 Cal. App. 500, 
 174 Pac. 690. 
 
 1012. Same — Application of phrase. — 
 The words '•further disability" in the pro- 
 viso of subdivision (c) of section 16 of the 
 act refers to any disability in addition to 
 that for which proceedings were commenced 
 within six months of the date of injury, or 
 for which disability indemnity has been 
 paid, or agreed to be paid, and where no 
 proceedings were commenced within six 
 months from the date of the injury and no 
 payment of disability indemnity or agree- 
 ment thereof, the employee is not entitled 
 to institute proceedings founded upon "fur- 
 ther disability" after expiration of six 
 months from the date of the injury. — Kauff- 
 man V. Industrial Accident Commission, 37 
 Cal. App. 500, 174 Pac. 690, 5 I. A. C. Dec. 
 132 (Kauffman v. Federal Drilling Co., 5 
 I. A. C. Dec. 56). 
 
 1013. Same — Continulntj disability. — A 
 continuing disability in the sense that a 
 subsequent incapacitation caused by the 
 original injury is a continuation of the 
 original disability and not a further dis- 
 ability within the meaning of section 16 (c), 
 must be suflficient to render an employee 
 entitled to compensation. — Larsen v. Sherer, 
 4 I. A. C. Dec. 126. 
 
 1014. Same — Not further disahlllty. — 
 Where an employee suffered no disability 
 after an industrial injury within six 
 months, for which compensation had been 
 or agreed to be paid, or for which he had 
 received an award, and he thereafter suf- 
 fered a compensable disability, it was held 
 that he had suffered no further disability 
 within the meaning of section 16 (c) of the 
 act of 1913. — Kauffman v. Federal Drilling 
 Co., 5 I. A. C. Dec. 56. 
 
 1015. Same — Same — Steadily faillngr 
 NiKht. — Where an injury to employee's eye 
 occurred more than a year before filing 
 claim, during which time his sight had been 
 noticeably and steadily failing and he had 
 
 received no compensation or agreement, it 
 was held that he had suffered no "further 
 disability," and that his claim for compen- 
 sation was barred. — Kauffman v. Federal 
 Drilling Co., 5 I. A. C. Dec. 56. 
 
 lOlU. Same — Injury occurring: prior to 
 amendment of section 16 (c). — Where an 
 Injury occurred less than six months before 
 the amendment to section 16 (c) became 
 effective, a proceeding based upon a "fur- 
 ther disability" by reason of the injury may 
 be commenced within 245 weeks of the date 
 of the original injury. — Ready v. City of 
 Oakland, 4 I. A. C. Dec. 89. 
 
 1017. Same — When statute has run 
 agralnst oriRlnal disaliillty. — Where the 
 statute has run against the original Injury 
 a claim for compensation can lie only for 
 a new and further disability. — Engel v. 
 National, etc., Co., 5 I. A. C. Dec. 239. 
 
 1018. Same — W'hen statute begins to run 
 as:ainst ne-»v disability. — Where an em- 
 ployee sustained a further disability about 
 a year after the original disability, it was 
 held that the statutory period for the In- 
 stitution of proceedings on account of said 
 second disability began to run from the 
 date of the appearance of the disability 
 caused thereby. — Lara v. Los Angeles Stone 
 Co., 4 -I. A. C. Dec. 298. 
 
 1019. Same — Date statute begins to run. 
 — The statutory period for the institution 
 of proceedings on account of a "further 
 disability" begins to run at the date of the 
 appearance of the further disability and 
 not from the date of the original injury. — 
 Lara v. Los Angeles Stone Co., 4 I. A. C. 
 Dec. 298. 
 
 1020. Same — W^hen claim barred. — Where 
 proceedings are instituted for the collec- 
 tion of compensation on the ground that 
 the original injury has caused further dis- 
 ability, the right to compensation is barred 
 for any disability existing more than six 
 months previous to the date for filing the 
 application. — Larsen v. Sherer, 4 I. A. C. 
 Dec. 126. 
 
 1021. Unless proceeding's are Instituted 
 within six months of the date when the 
 Injured employee is compelled to discon- 
 tinue work by reason of a further disabil- 
 ity, his claim is barred. — Kemper v. Nathan- 
 Dohrmann Co., 4 I. A. C. Dec. 101. 
 
 1022. Same — Reduction of earning poiwer. 
 — The loss of wages or the reduction of 
 earning power taken by itself is not a suffi- 
 cient ground upon which to predicate a 
 new and further disability within the mean- 
 ing of the act, but the same must be ac- 
 companied by a recurrence or new develop- 
 ment of physical incapacity traceable to 
 the original injury. — Hafely v. Georgia Cas- 
 ualty Co., 5 I. A. C. Dec. 194. 
 
 1023. Same — .^rising: two years after 
 original injury. — Where an Injury and fur- 
 ther disability arose two years after the 
 original injury, the claim therefore was 
 barred, even though two medical treatments 
 were given at the beginning. — Balczynski 
 v. Pacific, etc., Co., 5 I. A. C. Dec. 222. 
 
 1024. Continuing' Jurisdiction of commis- 
 sion. — The continuing jurisdiction of the
 
 1883 
 
 MASTER AND SERVANT. 
 
 Act 2781 
 
 commission provided by section 25 (d) ap- 
 plies only to orders, decisions and awards 
 already made, and for the purpose of mak- 
 ing: an award based upon an original in- 
 jury, for which no claim was made within 
 the period of limitation prescribed by sec- 
 tion 16. — Bhrhart v. Industrial Accident 
 Commission, 172 Cal. 621, 625, Ann. Cas. 
 1917E, 465, 158 Pac. 193. 
 
 1035. Two distinct Injuries — One only 
 named. — Where an employee sulTered two 
 distinct injuries from the same accident, 
 and In his application named only one, and 
 compensation awarded was based solely on 
 that one, no mention being made of the 
 other at the hearing-, the commission w.'is 
 without jurisdiction to make a second 
 award for the other injury after the expira- 
 tion of the six month's limitation pre- 
 scribed by section 16. — Ehrhart v. Indus- 
 trial Accident Commission, 172 Cal. 621, 623, 
 Ann. Cas. 1917B, 465, 158 Pac. 193. 
 
 1026. Claim of lien for medical ser^'ices. 
 — Where an application for an award for 
 medical expenses was filed within six 
 months of an injury and subsequent to 
 death, which occurred more than six months 
 after the injury, one of the attending 
 physicians filed an application to be sub- 
 stituted for the deceased employee, it was 
 held that the physician's claim was through 
 the employee by way of lien, and was not 
 barred. — Caserl v. Marin County, etc.. Asso- 
 ciation, 4 I. A. C. Dec. 63. 
 
 1027. Effect of minority. — A female em- 
 ployee, who sustained a compensable injury 
 during her minority, applied for compensa- 
 tion, was denied compensation on the 
 ground of the six months bar, all during 
 minority, and no guardian having been ap- 
 pointed for, and after attaining her major- 
 ity, and within a reasonable time thereafter, 
 disaffirmed her former application, and 
 again applied for compensation, was held 
 to be entitled thereto. — Michaud v. Gonanil- 
 lon, 6 I. A. C. Dec. 264. 
 
 1028. Bar must be pleaded in five days. 
 — The defendant must plead the bar of this 
 section within five days as provided in sec- 
 tion 23. — Red River Lumber Co. v. Pills- 
 bury. 174 Cal. 37, 39, 161 Pac. 982. 
 
 102S>. Same — Failure to plead, waiver. — ■ 
 The failure of the defendant to set up the 
 statute of limitations of section 16 (a) in 
 his answer, or otherwise suggest or raise 
 the point that the claim is barred in a pro- 
 ceeding for compensation under the work- 
 men's compensation act, amounts to a 
 waiver of that defense. — United States Fi- 
 delity and Guaranty Co. v. Pillsbury, 174 
 Cal. 198, 199, 162 Pac. 638. 
 
 1030. A defendant in a proceeding to fix 
 an award for disability under this act Is 
 required by section 23 of the act to file 
 with the commission an answer setting up 
 the bar provided in section 16, within 5 
 days after service of the application upon 
 him, and a failure to do so is a waiver of 
 that defense." — Red River Lumber Co. v. 
 Pillsbury, 174 Cal. 37, 39, 161 Pac. 982. 
 
 1031. In a proceeding to revie^v and 
 annul an award of a permanent partial dis- 
 
 ability indemnity made by the commission, 
 the petitioner can not contend that the 
 application for relief was not filed in time, 
 where in his answer in the original pro- 
 ceeding he failed to plead directly or indi- 
 rectly the statutory limitation provided by 
 section 16 (a) of the act. — United States, 
 etc., Co. V. Industrial Accident Commission, 
 53 Cal. Dec. 61, 4 I. A. C. Dec. 4 (McGee v. 
 Daniels, etc., Co., 3 I. A. C. Dec. 50). 
 
 1032. Agreement to forego operation of 
 statute. — The parties to a controversy be- 
 fore the industrial accident commission; 
 may enter into an agreement to forego the 
 statute of limitations for a definite period, 
 and such an agreement may operate as an 
 estoppel to a plea of the statute. — Kemper 
 V. Industrial Accident Commission, 177 Cal. 
 618, 620, 171 Pac. 426. 
 
 1033. Po^'er of commission to set aside 
 defense of statute. — Where the evidence 
 shows that the statutory period has run, 
 the commission has no power to set aside 
 and refuse to consider a defense of the 
 statute, even though there is evidence to 
 show that the employer had promised to 
 waive this defense. — Kemper v. Nathan- 
 Dohrmann Co., 4 I. A. C. Dec. 101. 
 
 1034. Failure to file claim within agreed 
 time. — A finding of the commission that it 
 was without jurisdiction to hear an appli- 
 cation for compensation filed after the ex- 
 piration of the period prescribed in section 
 16 will not be set aside on certiorari, where 
 the waiver was limited in its application to 
 the filing of a claim with the commission 
 within a reasonable time from its date, and 
 the applicant did not rely on the waiver or 
 file his claim until six months thereafter. — 
 Kemper v. Industrial Accident Commission, 
 177 Cal. 618, 171 Pac. 426, 5 I. A. C. Dec. 
 41 (Kemper v. Nathan-Dohrmann, 4 I. A. C. 
 Dec. 101). 
 
 9. Judgment or mvard. 
 a. Finality and conclusiveness. 
 
 1035. Reopening decisions on change of 
 lav*-. — It is in accordance with the sound 
 policy of the commission not to reopen its 
 earlier decisions whenever a change in the 
 construction of the law is made by higher 
 courts, wliere such construction could have 
 been claimed before said decisions became 
 final and that therefore said award would 
 not be annulled. — Soley v. North, etc., Co., 
 4 I. A. C. Dec. 289. 
 
 1036. Testimony taken before referee. — 
 Findings and award in any proceeding 
 where testimony is taken by a single com- 
 missioner or referee, made and signed by 
 such, are valid when approved and con- 
 firmed by the commission, even though not 
 accompanied by a transcript or report of 
 the testimony. — Hammond Lumber Co. v. 
 Ferguson, 4 I. A. C. Dec. 137. 
 
 1037. Annulled on ne-wly discovered evi- 
 dence. — Findings and award were annulled 
 and the proceedings dismissed without 
 prejudice at a rehearing at which the appli- 
 cant introduced newly discovered evidence 
 showing that his employer at the time of 
 his injury was not the defendant against
 
 Act 2781 
 
 GENERAL LAWS. 
 
 1684 
 
 whom the award was rendered but was a 
 
 third person, not a party to the proceed- 
 
 jjigg. — Grizzel v. Aaron, 4 I. A. C. Dec. 131. 
 
 103S. Same — Applicant not widow. — In 
 
 this case It was found that the applicant 
 for a death benefit was not the widow of 
 the deceased employee and was not depend- 
 ent upon him for support, and the award 
 was accordingly rescinded. — Cordova v. 
 Santa, 4 I. A. C. Dec. 330 (Original decision 
 reported in 3 I. A. C. Dec. 180. The opinion 
 of the supreme court is reported in Santa 
 V. Industrial Accident Commission, 175 Cal. 
 235, 165 Pac. 689, 4 I. A. C. Dec. 169). 
 
 1039. DlsmisMal of employer — Reinstate- 
 ment. — Where an award was rendered 
 against the employer and insurance car- 
 rier jointly and the latter applied for a re- 
 hearing, which was denied, and afterward 
 for a writ of review, and the employer was 
 dismissed from the proceeding at its re- 
 quest, and on review the insurance carrier 
 was held not liable, the commission had 
 power under section 25 (d) on a petition 
 for a rescission of the order dismissing the 
 employer, to rescind said order. — Angus v. 
 White Gulch Mining Co., 4 I. A. C. Dec. 330. 
 
 1040. Error of procedure does not vacate 
 award. — Conceding that a notice to an in- 
 surance carrier that an award will be 
 amended by providing an additional allow- 
 ance for permanent disability "unless good 
 cause be sliown" places the burden upon 
 the insurer instead of the injured em- 
 ployee, where it belongs, the fact, even if 
 true, would not avoid the award, inasmuch 
 as it would be a mere error of procedure, 
 and in any event it would not be preju- 
 dicial to the insurer who did not seek any 
 opportunity to introduce evidence upon the 
 facts alleged against him. — Massachusetts, 
 etc., Co. V. Industrial Accident Commission, 
 176 Cal. 4S8, 492, 168 Pac. 1050. 
 
 &. Alteration, amendment, etc. 
 
 1041. Waiver of objections not made. — 
 
 Where the insurer objected to the amend- 
 ment of an award solely upon the ground 
 that the relation of master and servant did 
 not exist, other objections were waived. — 
 Massachusetts, etc., Co. v. Industrial Acci- 
 dent Commission, 176 Cal. 488, 491, 168 Pac. 
 1050. 
 
 1042. Jiirl.sdiotlon to amend not unlim- 
 ited. — In view of subdivision (b) of section 
 82, the continuing jurisdiction of tlie com- 
 mission to amend, alter and rescind its 
 awards, is not unlimited, but only extends 
 in its exercise to the consideration of facts 
 only as arise after the making of the 
 award, and it is only upon proof of such 
 facts that the commission has jurisdiction 
 to review, diminish or increase such award. 
 • — Georgia C. Company v. Industrial Acci- 
 dent Commission, 177 Cal. 289, 293, 170 Pac. 
 621. 
 
 104.^. Findings, not attacked, final before 
 proceedinp7 to amend begun, conclusive. — 
 In a proceeding under section 25 (d) to 
 amend an award by providing an addi- 
 tional allowance to cover a rating for a 
 permanent disability, the original findings 
 
 as to the relation of the injured employee, 
 not attacked by any proceeding in review, 
 and that had become final long before the 
 new proceeding began. Is conclusive. — 
 Massachusetts, etc., Co. v. Industrial Acci- 
 dent Commission, 176 Cal. 488, 491, 168 
 Pac. 1050. 
 
 1044. Notice of hearinier of proceedinf? 
 to amend — Sufficiency. — Where a notice of 
 the hearing of an application to amend an 
 award did not set the time for the hearing, 
 but merely declared that the previous 
 award would be amended unless good cause 
 to the contrary was not shown in writing 
 within ten days, the amended award Is not 
 in excess of the jurisdiction of the commis- 
 sion. — Massachusetts, etc., Co. v. Industrial 
 Accident Commission, 176 Cal. 488, 168 Pac. 
 1050, 4 I. A. C. Dec. 336 (Kelley v. Manley, 
 2 I. A. C. Dec. 355). 
 
 104.5. Chanjcred conditions must be shewn 
 as basis of application to amend. — Under 
 sections 25, 81, and 82, when the commission 
 has once made an award and denied a re- 
 hearing its jurisdiction to annul or alter 
 its award is exhausted, except upon the 
 ground tliat the disability has increased, 
 diminished or terminated, when based upon 
 changed conditions or new facts occurring 
 after the award. — Georgia Casualty Co. v. 
 Industrial Accident Commission, 177 Cal. 
 289, 170 Pac. 625, 5 I. A. C. Dec. 16 (on 
 rehearing of 53 Cal. Dec. 705, 4 I. A. C. 
 Dec. 170; Sims v. Sherer & Co., 3 I. A. C. 
 Dec. 197). 
 
 10. Hehcaring. 
 
 1046. Notice of hearing — Right of person 
 against whom award is made. — The right 
 to be present at any hearing necessarily 
 includes the right to have notice of such 
 hearing in time to attend. — Carstens v. 
 Pillsbury, 172 Cal. 572, 577, 158 Pac. 218. 
 
 1047. Petition for rehearing, contents. — 
 The provisions of subdivision (c), section 
 81, of the act, as to the contents of a peti- 
 tion for a rehearing require something more 
 than a mere statement that a certain 
 finding is not sustained by the evidence. — 
 Pacific Coast Casualty Co. v. Pillsbury, 171 
 Cal. 52, 54, 151 Pac. 658. 
 
 1048. Points raised for first time. — Points 
 made for the first time on petition for re- 
 hearing will not be considered. — Estabrook 
 Co. v. Industrial Accident Commission, 177 
 Cal. 767, 177 Pac. 848, 5 I. A. C. Dec. 100; 
 Klamath Steamship Co. v. Industrial Acci- 
 dent Commission, 177 Cal. 767, 177 Pac. 848, 
 5 I. A. C. Dec. 100 (see same case 5 I. A. C. 
 Dec. 65). 
 
 1049. Same — Point of lack of jurisdic- 
 tion. — A rehearing of an application for a 
 writ of certiorari to annul an award of the 
 commission will not be granted on the 
 ground that the facts were such as to 
 bring the proceeding within the exclusive 
 admiralty jurisdiction of the federal courts 
 where no such point was suggested in the 
 argument on which the case was originally 
 submitted for decision. — A. F. Estabrook 
 Co. v. Industrial Accident Commission. 177 
 Cal. 767, 177 Pac. 848, 5 I. A. C. Dec. 100; 
 Klamath Steamship Co. v. Industrial Acci-
 
 1CS3 
 
 MASTER A\D SERVANT. 
 
 dent Commission, 1T7 Cal. 767, 177 Pac. 848, 
 5 I. A. C. Dec. 100 (see same case 177 Cal. 
 767, 177 Pac. 848. 5 I. A. C. Dec. 65>. 
 
 1049a. Same — Maritime injury. — Where 
 the jurisdictional defense that the injury 
 was maritime in character was raised for 
 the first time on petition for rehearing- and 
 it did not appear that this defense could not 
 have been raised at the hearing, it was 
 held that said defense could not be con- 
 sidered. — Mann v. Johnson, 4 I. A. C. Dec. 
 253. 
 
 10r>0. Failure to make express finding— 
 M'ant of objection. — Under section 81 of 
 the workmen's compensation act of 1913, 
 an employer against whom an award has 
 been made, who fails to make an objection 
 because of the failure of the commission to 
 make an express finding upon an issue 
 raised as to an existing agreement as to 
 indemnity in case of disability, on its appli- 
 cation for a rehearing, must be deemed to 
 have waived the same. — Northwestern 
 Pacific Rd. Co. v. Industrial Accident Com- 
 mission, 173 Cal. 652, 653, 161 Pac. 123. 
 
 1051. Jurisdiction of commis.sion expires 
 on denial of rehearing. — The jurisdiction of 
 the commission over its awards expires 
 when it derives a rehearing, or when the 
 time to make an application has expired, 
 except where in section 20 (d) it is em- 
 powered to alter or amend its awards on 
 the presentation of new facts occurring 
 since the award was made. — Northern, etc., 
 Co. V. Industrial Accident Commission, 30 
 Cal. App. Dec. 367, 185 Pac. 991, 6 I. A. C. 
 Dec. 204 (Lay v. Northern, etc., Co., 3 
 I. A. C. Dec. 271, 6 I. A. C. Dec. 181). 
 
 1052. Snb.stitution of insurance carrier- 
 Request after time for rehearing has ex- 
 pired. — A request for the substitution of 
 the insurance carrier in place of the em- 
 ployer, made after the decision of the com- 
 mission, can be considered only on petition 
 for rehearing, and where it is made after 
 the time for rehearing has expired, the 
 commission has no authority, either under 
 section 24(d) of the act of 1913, or under 
 section 20<'c) of the act of 1917, to grant 
 it. — Lay v. Northern, etc., Co., 6 I. A. C. 
 Dec. 181. 
 
 1053. "Filing" not "service." — Filing pe- 
 tition for rehearing is not "service" with 
 the commission's rules, nor section 1013, 
 code of civil procedure. — Deichen v. Acme, 
 etc.. Co., 5 I. A. C. Dec. 91. 
 
 10,54. Same — Code provision not super- 
 seded. — The provisions of the Code of Civil 
 Procedure as to service by mail are not 
 superseded by the commission's rule. — 
 Deichen v. Acme, etc., Co., 5 I. A. C. Dec. 91. 
 
 11. Heview. 
 1055. Respondents — Members of commis- 
 sion. — The members of the industrial acci- 
 dent commission are not proper parties de- 
 fendant in proceedings by certiorari under 
 section 84 of the act; but the proceedings 
 should be brought against the industrial 
 accident commission by name. — Carstens v. 
 Pill.^bury, 172 Cal. 572, 574, 158 Pac. 218. 
 
 1056. Attack upon av^'ard — Intent of act. 
 
 — It was the clear intent of the legislature 
 to render awards by the commission of 
 compensation to employees for industrial 
 Injuries free from review or attack of any 
 kind, except as prescribed in the act. — 
 Thaxter v. Finn, 178 Cal. 270, 173 Pac. 163, 
 5 I. A. C. Dec. 101 (Thaxter v. Thaxter, 1 
 I. A. C. Dec. 197). 
 
 1057. Limitation of review of a-wards. — 
 The legislature has full authority to limit 
 the review of awards made by the commis- 
 sion and to make them conclusive, except 
 on a review in the manner and at the times 
 specified in the act. — Thaxter v. Finn, 178 
 Cal. 270, 173, Pac. 163, 5 1. A. C. Dec. 101 
 (Thaxter v. Thaxter, 1 1. A. C. Dec. 197). 
 
 1058. The legislature is authorized to 
 preclude, so far as the courts of this state 
 are concerned, any attack, direct or col- 
 lateral, upon any award of the industrial 
 accident commission, except in the manner 
 prescribed, provided, always, of course, that 
 jurisdiction of the person of the party 
 against whom the award is made Is not 
 wanting. — Thaxter v. Finn, 178 Cal. 270, 277, 
 173 Pac. 163. 
 
 10.59. liVant of evidence to sustain find- 
 ings — XeT»-ly discovered evidence — Grounds 
 for rehearing but not for reviov. — Under 
 the provisions of section 82 of the work- 
 men's compensation act the commission 
 may grant a rehearing upon the grounds of 
 want of evidence to sustain the findings, 
 or newly discovered evidence; but the su- 
 preme court can not review the proceedings 
 on such grounds. — Cardoza v. Pillsbury, 169 
 Cal. 106, 145 Pac. 1015. 
 
 1060. Povrer to annul avrards — Grounds. 
 — Section 84 of the act gives the supreme 
 court power to annul awards only when 
 the commission acted without or beyond its 
 powers, or when the award was procured 
 by fraud, or is unreasonable, or when un- 
 supported by the findings. — Southern Pacific 
 Co. v. Industrial Accident Commission, 177 
 Cal. 378, 170 Pac. 822, 5 I. A. C. Dec. 20 
 (Hunt V. Southern Pacific Co., 4 I. A. C. 
 Dec. 107). 
 
 1061. Scope of jurisdiction of supreme 
 court. — The authority of the supreme court 
 with respect to the commission's conclu- 
 sions on questions of fact, goes no further 
 than to permit the annulment of an award 
 where the commission's finding of fact is 
 without any evidence whatever to support 
 it. — Walker v. Industrial Accident Commis- 
 sion, 177 Cal. 737, 738, L. R. A. 1918F, 212, 
 171 Pac. 954. 
 
 1061a. Scope of inquiry on revie^v under 
 act of 1913. — Under the act of 1913 on an 
 application for a writ of review the in- 
 quiry can go only to the question of juris- 
 diction, but this includes the question 
 whether any material finding is unsup- 
 ported, in which case the award of the com- 
 mission must be set aside and annulled. — 
 Modoc Co. V. Industrial Accident Commis- 
 sion. 32 Cal. App. 548, 163 Pac. 685. 
 
 10<{2. Certiorari — Grounds restricted to 
 those stated in section 84. — The courts are 
 restricted to the grounds for a review of
 
 Act 27S1 
 
 GENRRAI. LA>%'S. 
 
 iGsa 
 
 proceedingrs of the industrial accident com- 
 mission to those stated in section 84 of the 
 act.— Cardoza v. I'illsbury, 169 Cal. 106. 145 
 rac. 1015. 
 
 10«3. Annulment of award on review — 
 Groundu of. — Section 84 of the workmen's 
 compen.sation act, authorizes the supreme 
 court to annul an award only when the 
 commission acted without or beyond its 
 powers, or when the award was procured 
 by fraud, or is unreasonable, or when the 
 flndinps of fact do not support it. — South- 
 ern I'acific Co. V. Industrial Accident Com- 
 mission, 177 Cal. 378, 381, 170 Pac. 822. 
 
 KKM. Fxerolse of di.sorof ion not revle'^T- 
 nhle, uiilfMM wholly nnsnpported in tlie rec- 
 ord. — No court should interfere with exer- 
 cise of commission's discretion under the 
 act unless it is clearly made to appear that 
 the conclusion is without substantial sup- 
 port in the record. — Perry v. Industrial Ac- 
 cident Commission, 176 Cal. 706, 710, 169 
 Pac. 353. 
 
 lOO.n. Same — Deterniinntion as to renwon- 
 nt»lc time. — Where an insurer stipulated to 
 waive the statute of limitations provided 
 the claimant should present his claim with- 
 in a reasonable time, the commission was 
 authorized to determine what was a reason- 
 able time, and its determination in that 
 respect can not be overruled. — Kemper v. 
 Industrial Accident Commission, 177 Cal. 
 618. 621, 171 Pac. 426. 
 
 1068. Annulment of award on review, 
 when. — Under section 84 of the act of 1913, 
 an award of the commission may be an- 
 nulled by the supreme court in a proceed- 
 ings by writ of review, when the commission, 
 in makings the award, exceeded its powers, 
 or its decision procured by fraud, or is 
 unreasonable or not supported by the find- 
 ings, but not because of errors of procedure, 
 or insufficiency of the evidence if there is 
 substantial evidence to support it, and not 
 for error in the admission or exclusion of 
 evidence, not affecting its jurisdiction. — 
 Massachusetts B. & I. Co. v. Industrial Ac- 
 cident Commission, 176 Cal. 488, 490, 168 
 Pac. 1050. 
 
 1067. .\ward mny be reviewed but not 
 collnternlly attnolted. — An award made to 
 an employee of a sub-contractor against the 
 general contractor is subject to annulment 
 upon application for a writ of review made 
 within tlie time provided by the act, but is 
 not subject to collateral attack for want of 
 jurisdiction of the subject matter, since 
 the well settled principles relative to col- 
 lateral attacks upon judgments are not ap- 
 plicable. — Thaxter v. Finn, 178 Cal. 270, 
 173 Pac. 163, 5 I. A. C. Dec. 101 (Thaxter 
 v. Thaxter, 1 I. A. C. Dec. 197). 
 
 106K. JnrlHdiotion of supreme court- 
 Power to weljjh evidence. — The supreme 
 court in reviewing an award of the com- 
 mission Is not acting as a court of appeal, 
 and has no power to weigh the effect of 
 positive evidence, but must assume that 
 the commission believed all the evidence 
 piven which tends to sustain the award. — 
 Southern Pacific Co. v. Industrial Accident 
 Commission, 177 Cal. 378. 170 Pac. 822, 5 
 
 I. A. C. Dec. 20 (Hunt v. Southern Pacific 
 Co., 4 I. A. C. Dec. 107). 
 
 1061). Supreme court not a court of ap- 
 peal. — The supreme court, in reviewing 
 awards of the commission, is not acting as 
 a court of appeal, and has no power to 
 weigh the effect of positive evidence, but 
 must assume that the commission believed 
 all the evidence given which tends to sus- 
 tain the award made. — Southern Pacific Co. 
 V. Industrial Accident Commission, 177 Cal. 
 378. 380, 170 Pac. 822. 
 
 1070. A writ of review of an award made 
 by the commission is not an appeal; an 
 award can be annulled if the commission 
 exceeded its powers in making it, or if it 
 was procured by fraud, or if it is unreason- 
 able, or if the findings of facts upon which 
 it was made do not support it, but it can 
 not be set aside for errors of procedure 
 only, or for insufficiency of the evidence 
 where there is substantial evidence to sup- 
 port the findings, or for rulings upon the 
 admission or exclusion of evidence, amount- 
 ing only to error and not affecting the 
 jurisdiction. — Massachusetts, etc.. Co. v. In- 
 dustrial Accident Commission, 176 Cal. 488, 
 168 Pac. 1050, 4 I. A. C. Dec. 336 (Kelley v. 
 Manley, 2 I. A. C. Dec. 355). 
 
 1071. Appeals not provided for in tlie 
 "Boynton act." — There is no provision for 
 appeals under the "Boynton act" (Stats. 
 1913, p. 279), but section 84 provides for a 
 review of the decisions of the commission 
 by the supreme and district courts of ap- 
 peal, and such review may go far enough 
 to determine whether findings support the 
 order, deci.<^ion or award under review. — 
 Smith V. Industrial Accident Commission, 26 
 Cal. App. 560, 147 Pac. 600. 
 
 1072. Application for review mnnt be 
 made witliln the proper time. — A review of 
 the proceedings of the industrial accident 
 commission can be had only where a pro- 
 ceeding therefor is instituted in the proper 
 court at the proper time. — Thaxter v. Finn, 
 178 Cal. 270, 272, 173 Pac. 163. 
 
 1073. Time io apply for certiorari. — A 
 petition for writ of review directed to the 
 commission must be made within thirty 
 days after the award, whether such award 
 shows on its face that it was beyond or 
 in excess of the commission's jurisdiction, 
 or not, and unless so made, will be dis- 
 missed. — North Pacifip Steamship Co. v. 
 Industrial Accident Commission, 34 Cal. 
 App. 488, 168 Pac. 30. 
 
 1074. An application for a writ of cer- 
 tiorari filed January 24, 1918, to review an 
 order denying a rehearing made and en- 
 tered December 22, 1917, is, under section 
 67(a) of the act of 1917, too late. — Neal v. 
 Industrial Accident Commission, 36 Cal. 
 App. 40, 171 Pac. 696. 
 
 1075. Under section 67(a) of the act of 
 1017, an application for a writ of certiorari 
 to review proceedings denying a rehearing 
 comes too late when the order was made 
 December 22, 1917, and the writ was filed 
 January 24, 1918. — Neal v. Industrial Acci- 
 dent Commission. 36 Cal. App. 40, 171 Pac. 
 696, 5 I. A. C. Dec. 15.
 
 1687 
 
 MASTER AXD SERVANT. 
 
 Act 2781 
 
 1076. Same — Medical services — Order not 
 final judgrment— Premature application for 
 writ of review. — A judgment of the com- 
 mission ordering petitioner to pay the rea- 
 sonable value of medical and surgical 
 attention, "the claims therefor to be ap- 
 proved by the commission before payment," 
 is not a final judgment, can not be enforced 
 in that form, and an application for a writ 
 of review thereof is premature. — Garratt- 
 Callahan Co. v. Industrial Accident Commis- 
 sion, 171 Cal. 334, 336, 153 Pac. 239. 
 
 1077. Review of evidence, extent of.^ 
 Great Western Power Co. v. Pillsbury, 170 
 Cal. 180, followed and approved as to ex- 
 tent of review of the evidence on certiorari. 
 Rule not changed by new provisions as to 
 conclusiveness of findings of commission. — 
 Western Indemnity Co. v. Pillsbury, 170 
 Cal. 656, 704, 151 Pac. 398. 
 
 1078. Award nullified for ln.sufiiciency of 
 evidence. — Where the jurisdiction of the 
 commission depends upon proof that the 
 employed was murdered, the supreme court 
 may examine the evidence, and if it is in- 
 sufficient to justify a finding of death by 
 violence, the court will nullify the award. — 
 Western, etc., Co. v. Pillsbury, 173 Cal. 135, 
 138, 159 Pac. 423. 
 
 1079. If any evidence. to support finding, 
 award affirmed. — If there be any evidence 
 to support the finding of the commission, 
 its award must be aflSrmed. — Yolo, etc., Co. 
 V. Industrial Accident Commission, 35 Cal. 
 App. 14, 168 Pac. 1146, 4 I. A. C. Dec. 319. 
 
 1080. An avrard must be affirmed where 
 there is any evidence to sustain the finding 
 of the commission. — Royal Indemnity Co. 
 V. Industrial Accident Commission, 35 Cal. 
 App. 90, 168 Pac. 245. 
 
 lOSI. Admission of incompetent evidence, 
 no ground for annulment, if supported by 
 competent evidence. — An award is not sub- 
 ject to annulment because of the admis- 
 sion of incompetent evidence, provided there 
 is enough competent evidence to uphold the 
 same. — Maryland, etc., Co. v. Industrial Ac- 
 cident Commission, 178 Cal. 491, 173 Pac. 
 993, 5 I. A. C. Dec. 154 (Dobson v. Ellis, 4 
 I. A. C. Dec. 357). 
 
 1082. On revicTT — Every reasonably 
 drawn inference taken in aid of finding's. — 
 On review of an award by the commission 
 every inference which may reasonably be 
 drawn from the evidence must be taken in 
 aid of the findings of the commission as 
 to facts. — Leadbettor v. Industrial Accident 
 Commission, 26 Cal. App. Dec. 1268, 5 I. A. C. 
 Dec. 143. 
 
 10S3. Same— Drawing different conclu- 
 sions. — The commission has the right un- 
 der the act where different conclusions may 
 be rationally and fairly drawn from the evi- 
 dence, one sustaining and the other op- 
 posed to the right of compensation, to adopt 
 the conclusion favorable to the claim, and 
 its conclusion in that regard is beyond the 
 scope of review. — John A. Roeblings Sons 
 Co. V. Industrial Accident Commission, 
 (Cal.) 171 Pac. 956, 5 I. A. C. Dec. 62 
 (Bundshu v. John A. Roeblings Sons Co., 
 4 I. A. C. Dec. 215). See same case re- 
 
 ported 36 Cal. App. 10, 171 Pac. 987, 5 
 I. A. C. Dec. 11. 
 
 10S4. Same — If conclusion could be 
 reached by a reasonable man. — Tlie su- 
 preme court can not disturb an award un- 
 less it can be said that a reasonable man 
 could not reach the conclusion from the 
 evidence that was before the commission. — 
 Engel, etc., Co. v. Industrial Accident Com- 
 mission, (Cal.) 192 Pac. 845; San Francisco 
 V. Industrial Accident Commission, (Cal.) 
 191 Pac. 26. 
 
 1085. Same — Finding supported under any 
 rational view of evidence.— The industrial 
 accident commission is charged with the 
 determination of the issues of fact in pro- 
 ceedings for compensation of employees, 
 and its findings are not reviewable where 
 they find support under any rational view 
 of the evidence. — North Pacific S. S. Co. v. 
 Industrial Accident Commission, 174 Cal. 
 500, 502, 163 Pac. 910. 
 
 1086. Same — Findings and conclusions 
 not subject to review if reasonably sup- 
 ported. — The commission is the final judge 
 of the facts and its findings can not be 
 overturned, where they have the support of 
 evidence upon which a reasonable man 
 could come to the conclusion which was 
 reached. — Santa v. Industrial Accident Com- 
 mission, 175 Cal. 235, 237, 165 Pac. 689. 
 
 10S7. Same — Order within jurisdiction, 
 under facts, not reviewable. — The power to 
 weigh the evidence and determine whether 
 presumptions are overcome rests in the 
 commission, and the courts may not as- 
 sume to review its acts within its jurisdic- 
 tion. — United States, etc., Co. v. Industrial 
 Accident Commission, 28 Cal. App. Dec. 157. 
 
 1088. Petition for certiorari — Showing of 
 insufficiency of evidence. — A petition for a 
 writ of review that fails to show a lack 
 of evidence to support the finding of the 
 commission that the employee's injury 
 arose out of the employment is insufficient. 
 — Garratt-Callahan Co. v. Industrial Acci- 
 dent Commission, 171 Cal. 334, 335, 153 Pac. 
 239. 
 
 1089. Same — Same — Finding sustained — 
 Application dismissed. — An application for 
 a writ of review will be dismissed where 
 the record shows that the finding of the 
 commission is sustained by the law and 
 the evidence. — Globe, etc., Co. v. Industrial 
 Accident Commission, 35 Cal. App. 89, 169 
 Pac. 257. 
 
 1090. Where the evidence sustains the 
 conclusion of the commission that the re- 
 lationship of employer and employee ex- 
 isted, the writ of review to annul the 
 award for the reason that such relationship 
 is not to be shown to exist will be dis- 
 missed. — Gorter v. Industrial Accident Com- 
 mission, 35 Cal. App. 88, 169 Pac. 262. 
 
 1091. Findings supported — Origin of sar- 
 coma. — In the case of an award for an in- 
 jury arising from sarcoma or cancer, al- 
 leged to have resulted from a fall, it is 
 held that the finding of the commission is 
 supported by the evidence. — Santa Ana,
 
 Act 2781 
 
 GE^IVEIRAL. LAWS. 
 
 1G8S 
 
 etc., Co. V. Industrial Accident Commission, 
 35 Cal. App. 652, 170 Pac. 630. 
 
 1092. Findings a» to relationsliip of par- 
 iie«t conclusive. — Upon an application for a 
 permanent disability rating, the original 
 findings and award made on the temporary 
 disability award as to the relationship of 
 the parties is conclusive. — Massachusetts, 
 etc., Co. V. Industrial Accident Commission, 
 176 Cal. 488, 168 Pac. 1050, 4 I. A. C. Dec. 
 336 (Kelley v. Manley, 2 I. A. C. Dec. 355). 
 
 1003. Finding as to dependency not re- 
 vie^vable. — A finding of the commission, 
 after regular hearing, that neither of the 
 petitioners had been "wholly nor partially 
 dependent" upon the deceased employee for 
 support, can not be reviewed by an appel- 
 late court. — Crosaro v. Industrial Accident 
 Commission, 38 Cal. App. 758, 177 Pac. 489, 5 
 I. A. C. Dec. 205. 
 
 1094. Review of award — Questions of 
 
 jact. The authority of the supreme court 
 
 with respect to the commission's conclu- 
 sions of fact goes no further than to permit 
 the annulment of the award when the com- 
 mission's finding is without evidence to sup- 
 port it. — Walker v. Industrial Accident 
 Commission, 177 Cal. 737, L. R. A. 1918F, 
 212. 171 Pac. 954, 5 I. A. C. Dec. 63 (Robin- 
 son V. Walker, 4 I. A. C. Dec. 93). 
 
 1005. Award witliout proof of accident, 
 nnllified. — An award made without proof 
 that the injury resulted from accident is 
 void, and will be annulled on certiorari. — 
 Englebretson v. Industrial Accident Com- 
 mission, 170 Cal. 793, 796, 151 Pac. 421. 
 
 1096. Award annulled for total want of 
 evidence to sustain. — The award of the in- 
 dustrial accident commission for accidental 
 death was annulled on the ground that the 
 finding as to absence of willful misconduct 
 was wholly without support, in the evi- 
 dence. — Great Western Power Co. v. Pills- 
 bury, 170 Cal. 180, 190, 149 Pac. 35. 
 
 1097. Award set aside for want of sup- 
 port in tlie evidence — Unsupported award 
 will be set aside. — An award unsupported 
 by the evidence will be set aside on cer- 
 tiorari. — Elk Grove, etc.. District v. Indus- 
 trial Accident Commission, 34 Cal. App. 
 589, 168 Pac. 392. 
 
 1098. Findings totally unsupported are 
 subject to review. — If totally unsupported 
 by the evidence a finding that employee's 
 injury was the result of his own willful 
 misconduct is subject to review by the su- 
 preme court. — North Pacific S. S. Co. v. In- 
 dustrial Accident Commission, 174 Cal. 500, 
 501, 163 Pac. 910. 
 
 1099. Relationship — Finding on hearsay 
 testimony, binding on appellate court. — A 
 finding of the commission as to the rela- 
 tionship of employer and employee, though 
 based on hearsay testimony is binding on 
 the appellate court. — Perry v. Industrial 
 Accident Commission, 57 Cal. Dec. 535; Pa- 
 cific Gas and Electric Co. v. Industrial Ac- 
 cident Co., 57 Cal. Dec. 535 (Kendall v. 
 Perry, 5 I. A. C. Dec. 167). 
 
 1100. Finding of jurisdictional fact on 
 hear.say testimony. — An award of the com- 
 mission can not stand if a finding of a juris- 
 
 dictional fact is without any support except 
 that of hearsay testimony. — Employer's, 
 etc., Corp. V. Industrial Accident Commis- 
 sion, 170 Cal. 800. 801, 151 Pac. 423. 
 
 1101. Annulment of award — Hearsay 
 statements of deceased. — Where the only 
 evidence to support the award was the 
 hearsay statements of the decased made 
 to various persons, the award is beyond the 
 power of the commission and should be an- 
 nulled on writ of review. — Employer's, etc., 
 Corp. V. Industrial Accident Commission, 
 170 Cal. 800, 802, 151 Pac. 423. 
 
 1102. Admission of hearsay evidence im- 
 material if other evidence sufficient. — • 
 Where there is substantial evidence to jus- 
 tify an award, the further admission of 
 evidence of an incompetent character, be- 
 cause hearsay, upon same facts, would be 
 mere error, which would not oust the juris- 
 diction nor justify a writ of review. — 
 Soutliern Surety Co. v. Industrial Accident 
 Commission, 173 Cal. 678, 160 Pac. 884. 
 
 1103. Findings on conflicting evidence. — 
 Where there is a conflict of evidence tho 
 finding of the commission under the Rose- 
 berry act can not be inquired into by the 
 supreme court. — Great Western Power Co. 
 V. Pillsbury, 170 Cal. 180, 184, 149 Pac. 35. 
 
 1103a. An award of compensation for 
 injuries made by the commission w^ill not 
 be interfered with on certiorari where the 
 evidence upon which the award is founded 
 is in substantial conflict. — Richmond Dredg- 
 ing Co. V. Industrial Accident Commission, 
 33 Cal. App. 97, 164 Pac. 407, 4 I. A. C. Dec. 
 67. 
 
 1104. Same — Not subject to review. — The 
 supreme court can not disturb, on review, 
 the finding of the commission based on con- 
 flicting evidence. — Southwestern Surety 
 Ins. Co. v. Pillsbury, 172 Cal. 768, 773, 158 
 Pac. 762. 
 
 1105. Finding as to status of employee 
 on conflicting evidence. — The finding of the 
 commission as to the status of a claimant 
 for compensation under the act, made upon 
 a substantial conflict of evidence, will not 
 be disturbed on certiorari. — Western Indem- 
 nity Co. V. Pillsbury, 172 Cal. 807, 809, 159 
 Pac. 721. 
 
 1106. Findings not subject to question 
 on review, where the evidence in support 
 is conflicting. — The findings of fact of th<^ 
 commission are not subject to question, if 
 there is any evidence to support them. — 
 Smith V. Industrial Accident Commission, 
 26 Cal. App. 560, 147 Pac. 600. 
 
 1107. Findings upon conflicting evidence 
 will not be disturbed where there is some 
 support. — Findings of the commission will 
 not be disturbed on certiorari, when there 
 is a conflict, and some evidence to support 
 the findings.— McDonagh v. Industrial Ac- 
 cident Commission, 34 Cal. App. 177, 166 
 Pac. 1024; Easton v. Industrial Accident 
 Commission, 34 Cal. App. 321, 167 Pac. 288. 
 
 1108. Arising out of and in course of 
 employment — Finding on conflicting evi- 
 dence upheld. — Where the evidence is con- 
 flicting as to whether the injury arose out 
 of or in the course of the employment, the
 
 1CS9 
 
 MASTER AXD SERVANT. 
 
 Act 278 J 
 
 finding of the commission must be upheld. — 
 Krobitzsch v. Industrial Accident Commis- 
 sion, 58 Cal. Dec. 445, 185 Pac. 396, 6 I. A. C. 
 Dec. 218 (Starkey v. Krobitzsch, 6 I. A. C. 
 Dec. 61). 
 
 1109. Irreg-ularlties or errors in pro- 
 cedure not jurisdictional. — Under the act, 
 an order of the commission is not subject 
 to annulment on the ground that the com- 
 mission granted a rehearing for newly dis- 
 covered evidence in violation of its own 
 rule requiring such evidence to be set out 
 in detail in the application for a rehearing, 
 or for taking testimony without solicita- 
 tion from either party, since irregularities, 
 or errors in mere matter of procedure do 
 not go to the jurisdiction of the commission 
 to make awards. — Maryland, etc., Co. v. 
 Industrial Accident Commission, 178 Cal. 
 491, 173 Pac. 993, 5 I. A. C. Dec. 154 (Dob- 
 son v. Ellis, 4 I. A. C. Dec. 357). 
 
 1110. Inconsistent finding's not grround for 
 revie^v. — The supreme court has no power 
 to annul an award on the ground that the 
 findings are inconsistent, and if there are 
 findings which sustain the award, the fact 
 that there are findings inconsistent there- 
 with, if taken alone, will not be available 
 to annul it. — Soxithern Pacific Co. v. Indus- 
 trial Accident Commission, 177 Cal. 378, 170 
 Pac. 822, 5 I. A. C. Dec. 20 (Hunt v. South- 
 ern Pacific Co., 4 I. A. C. Dec. 107). 
 
 1111. Consideration of evidence in suit- 
 port of findings. — Where the findings are 
 meager in detailing facts upon which the 
 comraission based its conclusion, the court 
 may refer to the evidence, for the purpose 
 of explaining or supplementing, but not for 
 the purpose of varying or contradicting the 
 findings. — Kramer v. Industrial Accident 
 Commission, 31 Cal. App. 673, 161 Pac. 278. 
 
 1112. Evidence taken ivithout notice to 
 party aflfected by a>vard. — Where all the 
 evidence tending to show the connection 
 of the person against whom an award is 
 made with the injury is taken before such 
 person was made a party and before notice 
 to him, such award is without due process 
 of law, and the evidence can not be con- 
 sidered in support of the findings of the 
 commission. — Carstens v. Pillsbury, 172 Cal. 
 572, 577, 158 Pac. 218. 
 
 1113. Errors in admission or exclusion 
 of evidence not rcvie'^vaJtle. — In view of sec- 
 tions 77 and 84, errors of the commission 
 in the admission or exclusion of evidence 
 is not subject to review. — Frankfort G. Ins. 
 Co. V. Pillsbury, 173 Cal. 56, 61, 159 Pac. 
 150. 
 
 1114. Findings of fact upon v^-liich juris- 
 diction is based are revie-»vable. — Findings 
 of fact by which the commission determines 
 itself clothed with jurisdiction are review- 
 able on certiorari. — Miller & Lux v. Indus- 
 trial Accident Commission, 179 Cal. 764, 7 
 A. L. R. 1191, 178 Pac. 960, 6 I. A. C. Dec. 34. 
 
 1115. Jnrisdictional facts must be sup- 
 ported by competent evidence. — There must 
 be competent evidence in support of every 
 jurisdictional fact involved in an applica- 
 tion for compensation. — Elk Grove, etc., Dis- 
 
 trict V. Industrial Accident Commission, 34 
 Cal. App. 589, 168 Pac. 392. 
 
 1116. Finding as to jnrisdictional fact 
 unsupported — Award annulled. — Notwith- 
 standing the provisions of the act as to the 
 conclusiveness of the findings of the com- 
 mission, an award is the subject of review 
 and may be annulled whenever the finding 
 as to a jurisdictional fact is without sub- 
 stantial support. — Employer's, etc., Cor- 
 poration V. Industrial Accident Commission, 
 
 170 Cal. 800, 801, 151 Pac. 423. 
 
 1117. Question of relationship of em- 
 ployer and employee jurisdictional, and sub- 
 ject to review. — The question of the rela- 
 tionship of an owner of land contracting 
 with a woodcutter to cut wood at a stipu- 
 lated price per cord, to the employee of a 
 sub-contractor who furnishes his own tools 
 and labors at his own pleasure and not 
 under the owner's authority, as to liability 
 for compensation under the act, is jurisdic- 
 tional and reviewable by the supreme court. 
 — Donlon Bros. v. Industrial Accident Com- 
 mission, 173 Cal. 250, 252, 159 Pac. 715. 
 
 Ills. Questions as to T^hether accident 
 arose out of employment, and wliether will- 
 ful misconduct proximately caused accident 
 are jurisdictional. — Both the questior 
 whether the accident causing the injurr 
 occurred or arose out of and in the course 
 of the employment, and the questior 
 whether the accident was or was not th»- 
 direct result of the willful misconduct of 
 the injured employee are jurisdictional 
 facts. — Elk Grove, etc.. District v. Industria' 
 Accident Commission, 34 Cal. App. 589, 16'* 
 Pac. 392. 
 
 111». "Roseberry act" — Question of will- 
 ful misconduct jurisdictional. — Under the 
 Roseberry act the question whether the ac- 
 cident was caused by the willful misconduct 
 of the employee is one that goes to the 
 jurisdiction of the board, and is therefore 
 open to inquiry on certiorari. — Great West- 
 ern Power Co. v. Pillsbury, 170 Cal. 1?0, 186, 
 149 Pac. 35. 
 
 1120. Review — Question as to willful 
 misconduct of employee reviewable. — The 
 question whether an employee was guilty 
 of willful misconduct at the time he was 
 killed is a jurisdictional one, and subject 
 to review by the supreme court. — Fidelity, 
 etc., Co. V. Industrial Accident Commission, 
 
 171 Cal. 728, 729, L.. R. A. 1916D, 903, 154 
 Pac. 834. 
 
 1121. Question of "willful misconduct" 
 jurisdictional. — ^The question as to whether 
 an employee was guilty of willful miscon- 
 duct at the time of his injury was a juris- 
 dictional one, and subject to review by 
 the supreme court. — Hyman, etc., Co. v. In- 
 dustrial Accident Commission, 180 Cal. 423, 
 181 Pac. 784 (Weiss v. Hyman, etc., Co., 5 
 I. A. C. Dec. 71). 
 
 1121a. AVillful misconduct of employee. — 
 An award is subject to review on the ques- 
 tion as to wliether or not the employee 
 was guilty of misconduct at the time of 
 his injury. — Fidelity, etc., Co. v. Industrial 
 Accident Commission (Cal.), 3 I. A. C. Dec.
 
 Act 2T81 
 
 GENERAL LAWS. 
 
 1000 
 
 9 (Head v. Fidelity, etc., Co., 1 I. A. C. 
 Dec. 451). 
 
 li:!2. Double employment — FIndlngr «■ to 
 excluded employment. — Where an employee 
 engaeed in the dual capacity of janitor and 
 trardener, was injured while trimming an 
 acacia tree, there was evidence to justify 
 the finding of the commission that at the 
 time of the injury the employee was en- 
 gaged In horticultural labor and that it 
 was without jurisdiction to award com- 
 pensation and this finding can not be re- 
 viewed on appeal. — George v. Industrial 
 Accident Commission, 56 Cal. Dec. 220, 6 
 I. A. C. Dec. 1G9 (George v. Wilson, 4 I. A. C. 
 Dec. 55). 
 
 1123. Scope of iiectlon 84. Reviewable 
 fnctit. — The phrase "such questions of fact 
 shall include ultimate facts and the findings 
 and conclusions of the commission" in sec- 
 tion 84 of the act of 1913, refer wholly to 
 conclusions of facts. — Smith v. Industrial 
 Accident Commission, 26 Cal. App. 560, 147 
 Pac. 600. 
 
 XI. MISCELLANEOUS. 
 
 1. Eelease. 
 1124. Release at time of employment 
 does not exempt employer from 
 liability for compensation. 
 1125,1126. Release not providing for full 
 compensation, not a defense. 
 
 1127. Release under maritime law — 
 
 Election of remedies. 
 
 S. Assignment of claim. 
 
 1128. Claim for compensation operates 
 
 as assignment. 
 1129, 1130. Same — Eight of action against 
 tort-feasor. 
 
 S. Subrogation. 
 
 1130a. Eight not affected by release. 
 
 1130b. Joint employers. 
 
 1130c. Employer and insurance carrier. 
 
 1130d. Insurance carrier bound by ac- 
 tion of employer. 
 
 1130e. Right of action of carrier against 
 tort-feasor. 
 
 4. Election of remedies, 
 1130f. Election of remedy. 
 1131- 1136. Same — Serious and wilful mis- 
 conduct as ground for action at 
 law for damages. 
 
 5. Action against tort-feasor. 
 
 1137. Parties to action — Employer and 
 
 carrier. 
 
 1138. Same— Father. 
 
 1139. Settlement of claim — Credited on 
 
 indemnity. 
 
 1140. Judgment against tort-feasor — 
 
 Offset against compensation 
 award. 
 
 6. Jurisdiction of state courts. 
 
 1141. Actions under federal employer's 
 
 liability act. 
 
 1142. Equitable actions. 
 
 1143. Same — Enjoin collection, of 
 
 award. 
 
 1. Urlease. 
 
 1124. Releane nt time of employment 
 doeti not exempt employer from liability for 
 compenxntlon. — An agreement between an 
 employee and employer at the time of the 
 employment releasing the employer from 
 any claims arising or on account of hernia, 
 the existence of which then appeared on 
 physical examination, did not, in view of 
 section 27(a) of the act of 1917, exempt 
 employer from liability for compensation. — 
 Hines v. Industrial Accident Commission, 
 (Cal.) 188 Pac. 277. 
 
 1125. Releaite not providine: for full com- 
 pen.sation, not a defenne. — A release by an 
 employee to his employer that does not 
 provide for the payment of full compensa- 
 tion under the act, is not a defense to a 
 proceeding for an award by the industrial 
 accident commission. — Employee's Credit 
 Co. v. Industrial Accident Commission, 177 
 Cal. 46, 47, 169 Pac. 1001. 
 
 1126. A release vthich doen not provide 
 for full compen.sation is, under section 32b, 
 not valid. — Massachusetts, etc., Co. v. In- 
 dustrial Accident Commission, 176 Cal. 488, 
 493, 168 Pac. 1050. 
 
 1127. Release under maritime lave — Elec- 
 tion of remedies. — The giving of a release 
 on payment of full wages and all the money 
 an injured seaman was entitled to under 
 admiralty law, did pot constitute an elec- 
 tion of remedies sufficient to bar him from 
 the right to compensation under the act. — 
 Johansen v. George E. Billings Co., 6 
 I. A. C. Dec. 236. 
 
 S. Assignment of claim. 
 
 1128. Claim for compenMation operates aa 
 assiprnment. — When an injured employee 
 makes a claim for compensation under the 
 act such action operates to assign his claim 
 against a tort-feasor for damages for such 
 injury as fully as though such assignment 
 had been expressly made in writing, and 
 any settlement which such tort-feasor might 
 thereafter make with such employer would 
 be ineffectual to destroy or impair the right 
 of the employer or the insurer who pays 
 the claim for compensation. — Massachusetts, 
 etc., Co. v. San Francisco-Oakland Terminal 
 Railways, 39 Cal. App. 388, 178 Pac. 974. 
 
 1120. Same — RiRht of action a);aln«t tort- 
 fea.sor. — The provisions of section 31, and 
 of subdv. (f) of section 34, of the act of 
 1913, were intended to permit an assignment 
 of the injured employee's right of action 
 for the injury, and to provide that the 
 making of a lawful claim under the act 
 should operate as such an assignment to 
 his employer or the latter's insurer, who 
 pays such claim. — Massachusetts, etc., Co. 
 V. San Francisco-Oakland Terminal Rail- 
 ways, 39 Cal. App. 388, 178 Pac. 974. 
 
 II.'IO. Under sections 31 and 34(f) of the 
 act, the collection by a father of compen- 
 sation for the death of a minor from his 
 son's employer, works an assignment to the 
 employer of the cause of action against the 
 party whose negligence caused such death, 
 and the employer or insurance carrier can
 
 1601 
 
 MASTKR AND SERVANT. 
 
 Act 2781 
 
 maintain such action in their own names. — 
 Stackpole v. Pacific Gas & Elec. Co., (Cal.) 
 186 Pac. 354, 6 I. A. C. Dec. 270. 
 
 S. Subrogation. 
 1130a. Right not affected by release. — 
 
 The right of action of an employer against 
 the owner of a building for an industrial 
 injury to his employee caused by being 
 caught in the elevator of the building, is 
 not affected by a release by the employee 
 executed to such owner in consideration of 
 money paid to such employee by such 
 owner, without such employer's knowledge. 
 — Papineau v. Industrial Accident Commis- 
 sion, (Cal. App.) 187 Pac. 988, 6 I. A. C. 
 Dec. 246 (Miles v. Papineau, 6 I. A. C. Dec. 
 74). 
 
 1130b. Joint employers. — In the case of 
 joint employers, where one Is held liable 
 and the other held not liable, section 26 
 of the act is construed to mean the em- 
 ployer who is held liable and not the one 
 who is held not liable, and such employer 
 is entitled to credit upon his indemnity 
 liability for the amount paid the employee 
 on a settlement by the other joint employer. 
 — Robinson v. San Francisco, etc.. Railway, 
 5 I. A. C. Dec. 182. 
 
 1130c. Employer and Insurance carrier. — 
 While it is true that as between an insurer 
 and an employee the right of subrogation 
 would be an equitable one arising out of 
 the payment by the former of the latter's 
 claim for damages, still when such payment 
 has been made, and the assignment of 
 Silva's cause of action against the tort- 
 feasor consummated by subrogation, the 
 right thus accrued in the insurer was the 
 right, as assignee, of maintaining the same 
 action that the employee could have main- 
 tained had no such assignment been made. — 
 Massachusetts, etc., Co. v. San Francisco- 
 Oakland Terminal Railways, 39 Cal. App. 
 388, 178 Pac. 974. 
 
 1130d. Insurance carrier bound by action 
 of employer. — An insurance carrier is bound 
 by the action of the assured employer in 
 changing a physician furnished by the in- 
 surance carrier in the absence of proof of 
 injury to assume his liability as a condition 
 precedent to subrogation, and such carrier 
 was liable for the reasonable value of the 
 substituted physician's services. — Turner v, 
 Cass-Smurr-Damerel Co., 5 I. A. C. Dec. 
 186. 
 
 11.30e. Right of action of carrier against 
 tort-feasor. — The right of action of an in- 
 surer who has paid the claim of an injured 
 employee against the tort-feasor is legal 
 and not equitable. — Massachusetts, etc., Co. 
 V. San Francisco-Oakland Terminal Rail- 
 ways, 39 Cal. App. 388, 178 Pac. 974. 
 4. Election of remedies. 
 
 1130f. Election of remedy. — In the pres- 
 ent case it was held that the applicant had 
 made a lawful claim for compensation under 
 the act, and was bound thereby. — Benjamin 
 V. Garneau Co., 4 I. A. C. Dec. 124. 
 
 1131. Same — Serious and Tvillful miscon- 
 duct as ground for action at la^v for dam- 
 ages. — Seiious and willful misconduct of 
 
 an employee as ground for action at law 
 for damages is not predicated upon a failure 
 to provide a safety guard for a saw as re- 
 quired by order No. 600 of the commission, 
 there being no evidence that he knowingly 
 or willfully refused to provide such guard. 
 — Lucky v. Hammond Lumber Co., 6 I. A. C. 
 Dec. 3. 
 
 1132. Serious and Tcillful misconduct can 
 not be imputed to an electric railway com- 
 pany from the act of a motorman starting 
 a train standing in the company yards, 
 without orders, without receiving or giving 
 a signal or endeavoring to ascertain 
 whether the track was clear, the train not 
 being one of which he was in charge, all 
 in violation of the express order of the 
 company, it not being shown that any such 
 violation of the rules was practiced with 
 the approval or acquiescence of an execu- 
 tive or managing officer of defendant. — 
 Nicholson v. San Francisco-Oakland Ter- 
 minal Railways, 6 I. A. C. Dec. 10. 
 
 1133. An employer is innocent of any 
 element of ■willfulness in employing a six- 
 teen-year-old boy to operate a tin-pressing 
 machine in violation of the child labor law 
 of 1917, where at the time of the employ- 
 ment the boy presented a school certificate 
 entitling him to be employed at a proper 
 employment, and the foreman of such em- 
 ployer erroneously believed such certificate 
 sufficient to authorize the employment. — 
 Lundgren v. Hammer-Bray Co., 6 I. A. C. 
 Dec. 17. 
 
 1134. The failure of the employer to 
 place a guard on a save according to gen- 
 eral safety order of commission does not 
 constitute, in the absence of inspection or 
 instructions, serious or willful misconduct 
 of the employer. — Burke v. Chandler Ship- 
 building Co., 5 I. A. C. Dec. 237. 
 
 1135. Where a scaffold on a vessel under 
 construction was not provided with railings 
 or other enclosures, by reason of which 
 the employee fell and was fatally injured, 
 it was held that the scaffold was unsafe 
 and improper within the meaning of section 
 402C of the Penal Code and section 35 of 
 the act of 1917 and that its maintenance by 
 the employer constituted serious and willful 
 misconduct. — Davis v. Craig, etc., Co., 5 
 I. A. C. Dec. 118. 
 
 1136. The act of overweighing a roof 
 undergoing repair by placing too many 
 workmen thereon, is not serious and w^illful 
 misconduct within the meaning of the act. 
 — Butt V. Hampton & Co., 5 I. A. C. Dec. 159. 
 
 5. Action against tort-feasor. 
 11^7. Parties to action — Employer and 
 carrier. — An action for the death of a minor 
 son may be brought by his father against 
 the person whose negligence caused the 
 death, even though he may have received 
 compensation for such death from his son's 
 employer or insurance carrier; but if ob- 
 jection is made, the action can not be prose- 
 cuted without the employer and carrier 
 being made parties. — Stackpole v. Pacific 
 G. & E. Co., (Cal.) 186 Pac. 354, 6 I. A. C. 
 Dec. 270.
 
 Act 2782, 8§ 1,2 
 
 GF}NERAI> LAWS. 
 
 1QS2 
 
 Such objection must be made In the 
 manner prescribed by the code for non- 
 joinder of necessary parties. — Same v. Same. 
 
 IIIIS. Same — Father. — In an action by 
 the employer and insurance carrier against 
 a third person for the death of a minor 
 employee, the father of such minor, who 
 has received compensation under the act, is 
 interested in the recovery to the extent of 
 the excess over the amount necessary to 
 reimburse the employer or carrier. — Stack- 
 pole V. Pacific G. & E. Co., (Cal.) 186 Pac. 
 354. 6 I. A. C. Dec. 270. 
 
 113S). Settlement of claim — Credited on 
 indemnity. — An amount paid the injured 
 employee's widow by a third party in set- 
 tlement of a claim for compensation for his 
 death was ordered credited upon the indem- 
 nity due under the act from the employer. — 
 Donald V. The Travelers, etc., Co., 5 I. A. C. 
 Dec. 162. 
 
 1140. Judprment af^ainat tort-feasor — Off- 
 set sifraliist compensation a^vard. — An em- 
 ployee who recovers a judgment against a 
 tliird party in a personal injury action, may 
 maintain a claim for compensation for the 
 same injury, but the amount of the judg- 
 ment will be offset against the compensa- 
 tion award. — Goody v. Daley, 6 I. A. C. Dec. 
 179. 
 
 6, Jurisdiction of state courts. 
 
 1141. Actions under federal employers' 
 liability act. — The state courts may take 
 jurisdiction of personal injury actions by 
 employees against employers under the 
 
 federal employers' liability act as well as 
 under the state act, and in such an action, 
 under the state act, if the defendant does 
 not, as he may, specially plead the fact 
 that he desires to invoke the federal stat- 
 ute, it will be presumed that plaintiff's em- 
 ployment was intrastate and not interstate. 
 — Terry v. Southern Pacific Co., 34 Cal. App. 
 330, 169 Pac. 86. 
 
 1142. Kqiiitalile actions. — The inhibition 
 contained in subsection (d) of section 84 
 of the act does not deny to the courts the 
 jurisdiction upon equitable grounds to 
 "suspend or delay the operation or execu- 
 tion" of any order, decision or award of 
 the commission upon the proper application 
 of a stranger to the proceedings before the 
 commission. — Gamble v. Superior Court, 6 
 I. A. C. Dec. 26, 39 Cal. App. 661, 179 Pac. 
 717. 
 
 1143. Same — Elnjoin collection of award. 
 — An action to enjoin the collection by ex- 
 ecution or otherwise of an award by the 
 industrial accident commission, where the 
 complaint alleges that the plaintiff is a 
 large stockholder In the corporation against 
 which the award was made, that the award 
 was obtained by fraud, and that its en- 
 forcement would result in irremediable in- 
 jury to plaintiff, is in form and nature of 
 relief sought an equitable proceeding, of 
 which courts of equity take cognizance and 
 have power to grant relief. — Gamble v. Su- 
 perior Court, 6 I. A. C. Dec. 26, 39 Cal. App. 
 661, 179 Pac. 717. 
 
 EMPLOYER'S CASUALTY REPORTS. 
 ACT 2782— An act to provide for the keeping hy employers of a record of injuries 
 suffered by their employees; the reporting of such injuries to the industrial accident 
 hoard by employers and attending physicians; the keeping by employers and insur- 
 ance companies of records of claims for injuries suffered by employees and of com- 
 promises and settlements made therefor and requiring the reporting thereof to said 
 board; and fixing a penalty for refusal or neglect to keep such records or make such 
 reports. 
 
 History: Approved January 10, 1912, Stats. 1911 (ex. sess.), p. 217. 
 
 Record of personal injury to employees. Report of employer to industrial accident 
 
 board. 
 
 § 1. Every employer of labor in this state shall keep a full, true and correct record 
 of every personal injury suffered by his or its employees, arising out of or in the course 
 of the employment, and resulting in death, or in disability extending over a period of 
 a week or more. Within fifteen days after the happening of any such personal injury, 
 a written report thereof shall be mailed by the employer to the industrial accident board 
 informally, or on blanks to be provided by said board for this purpose. The said report 
 shall contain the name of the employer, location of place of employment, nature of 
 employment, name, address, age, nationality, sex and occupation of the injured person, 
 length of time the injured person had worked at the particular employment previous to 
 injury, date and hour of the day or night of the accident, the hour at which the injured 
 employee began work on the date of the accident, nature of the injury, cause of the 
 injury and rate of wages of the injured employee. 
 
 Supplemental report. Details of claim, payment, or settlement. 
 
 § 2. Upon the termination of the disability of the injured employee or at the expira- 
 tion of sixty days from the date of the accident, if the disability should extend beyond
 
 1693 MASTER AXD SERVANT. Act 2782, g§ 3-7 
 
 such period, the employer shall mail to the industrial accident board a supplemental 
 report in relation to such disabilit}-, infoi-mally or on blanks to be provided by said 
 board for this purpose. Such report must contain complete statements as to any claim 
 made by the injured employee for indemnification for the injury sustained, payment 
 made to him or in his behalf for medical, surgical or other care, claim for compensation 
 or damages made for such injui-ies and any compromise or settlement of claim for com- 
 pensation or damages entered into between the employer and such injured employee, 
 his heirs, dependents or legal representative. In the event that any payment shall be 
 made to such injured employee, or his dependents at any time thereafter, in compromise 
 or settlement of a claim for compensation or damages, the amount of such payment 
 shall be forthwith reported by the employer to the industrial accident board. 
 
 Report of attending physician. 
 
 $ 3. Every physician who attends any such injured employee shall keep a record of 
 his ease. Within ten days from the date of his first attendance upon the injured 
 employee, he shall mail to the industrial accident board a report, informally or on 
 blanks to be provided by the said board for this purpose. The said report shall contain 
 the name and address of the employer, name, address, sex and age of the injured 
 employee, date of accident, description of the injury, probable nature and extent of 
 disability. Upon the termination of the disability of the injured employee or the 
 termination of said physician's attendance upon his case, he shall forthwith mail to the 
 industrial accident board a supplemental report in relation to such case describing the 
 physical condition of the injured employee, his disability, convalescence or discharge 
 from the doctor's care. 
 
 Seport of insurance or indemnity companies. 
 
 $ 4. Every person, firm, association or corporation insuring against the liability of 
 employers for damages or compensation for personal injury to employees or indemnify- 
 ing any employer for, or on account of any such liability shall keep a record thereof, 
 and shall within the first five days of each and every month, report in writing to the 
 industrial accident board, informally or on blanks to be provided by said board for this 
 purpose, every such injury to employees reported to it, every claim for damages or 
 compensation for such injury filed with such person, fixm, association or corporation 
 and any settlement or compromise of any such claim for damages or compensation 
 whether made with such injured employee, his heirs, dependents or legal representative. 
 
 Additional information. 
 
 $ 5. Every employer, physician or insurance company, firm or association, shall 
 furnish to the industrial accident board all further information required by it in order 
 to constitute a substantially complete and accurate history of each injury and the 
 damages or compensation paid therefor. 
 
 Use of records or reports. 
 
 § 6. The record required to be kept in pursuance of the provisions of this act shall 
 at all times be open to inspection of the industrial accident board or any member 
 thereof, or any examiner appointed thereby. Any statement contained in such report 
 shall not be admissible as evidence in any action arising out of the death or injury of 
 any employee by reason of the accident reported. 
 
 Penalty for failure to observe law. 
 
 § 7. It shall be unlawful for any person, firm, corporation, agent or officer of a firm 
 or corporation to fail, neglect or refuse to comply with any of the provisions of this act. 
 Any person, firm, corporation, agent or officer of a firm or corporation that violates or 
 omits to comply with any of the provisions of this act, shall be guilty of a misdemeanor 
 for each and every offense and shall be, upon conviction thereof, punishable by fine of
 
 Act 2783, §g 1-4 GENERAL LAWS. 1C94 
 
 not less than ten dollars or more than one hundred dollars or by imprisonment for not 
 more than thirty days, or by both such fine and imprisonment. 
 
 Not to apply to certain pursuits. 
 
 § 8. Nothing in this act shall apply to employers of labor engaged in farming, dairy- 
 ing, agricultural or horticultural pursuits, in poultry raising or domestic service. 
 
 EMPLOYERS' HOSPITAL SERVICE. 
 
 ACT 2783 — An act requiring employers who provide hospital service for their employees 
 
 and who make a charge therefor, to keep books, records and accounts of all such 
 
 charges, and to make an annual written report thereof; requiring each such charge 
 
 to be just and reasonable and to be devoted to no other purpose than such hospital 
 
 service ; and prescribing penalties for violations of the provisions thereof. 
 
 History: Approved June 8, 1915. In effect August 8, 1915. Stats. 
 1915, p. 1310. Amended April 6, 1917. In effect July 27, 1917. Stats. 
 1917, p. 83. 
 
 Definitions. 
 
 $ 1. The following terms, as used in this act, shall be construed as follows: 
 
 "Employer." 
 
 (a) The term "employer" shall mean and include every person, partnership, com- 
 pany, association, joint stock association or corporation engaged in any business or 
 enterprise in this state and hiring or employing five or more persons in such business. 
 
 ' ' Charge. ' ' 
 
 (b) The term "charge" shall mean and include any deduction from the salary or 
 wage of an employee, or any collection from or contribution by an employee, whether 
 such charge be made regularly at stated intervals or at the time of injury or iUness of 
 an employee, or at any other time or in any other manner. 
 
 Employer furnishing hospital service to make report. 
 
 $ 2. Every employer who affords or provides hospital service of any sort for his 
 employees, for which service any charge is received or collected by such employer, or 
 at his instance or request, shall in each year, on or before the thirtieth day of January* 
 thereof, file as hereinafter provided a written report for the next last preceding year, 
 which report shall contain a statement showing (1) the total amount of hospital 
 charges collected or received during the year, (2) an itemized account of all expendi- 
 tures, investments or other disposition of such charges, and (3) a statement showing 
 what balance, if any, remains. This report shall be verified by the employer, if an 
 individual ; by a member, if a partnership ; by the secretary or president, if a corpora- 
 tion, company, association or joint stock association. 
 
 Hospital charges must be just. 
 
 $ 3. Every such hospital charge demanded, collected or received by an employer shall 
 be just and reasonable. The railroad commission is hereby given authority to decide 
 what is an unreasonable charge in all cases where such charge is made by a, hospital 
 maintained by a common carrier by rail, and in all cases where the charge is made by 
 a hospital maintained by other than a common carrier by rail, the industrial accident 
 commission is hereby given authority to decide what is an unreasonable charge. 
 (Amendment of April 6, 1917. In efilect July 27, 1917. Stats. 1917, p. 83.] 
 
 Purpose of charges. 
 
 $ 4. No such hospital charge collected or received by an employer shall be devoted 
 to any purpose other than bona fide hospital or medical service for the employees from 
 whom the charge is demanded, collected or received.
 
 1695 MASTER AND SE:RVANT. Act 27S1, §§ 1, 2 
 
 Common carrier subject to railroad commission. Other employers under ifldustrial 
 
 accident commission. 
 
 $ 5. Every common carrier by rail employer who is under a duty to render the 
 report referred to in section two of this act shall be subject to the jurisdiction, control 
 and regulation of the railroad commission in respect to auditing and inspection of all 
 books, records and accounts and to enforce its orders in the same manner and to the 
 same extent as said commission now possesses over any public utility that is subject to 
 the provisions of the "public utilities acts" of this state, approved December 23, 1911, 
 as amended June 11, 1913, and June 14, 1913, and all acts amendatory thereof or sup- 
 plemental thereto. Every employer coming under the provisions of this act shall be 
 required to post a copy of this statement or report upon all bulletin boards at terminals 
 or in a conspicuous place where employees can read such statement or report. Every 
 employer other than a common carrier by rail, who is under a duty to render the report 
 referred to in section two of this act, shall be subject to the jurisdiction, control and 
 regulation of the industrial accident commission in respect to the auditing and inspec- 
 tion of all books, records and accounts and the authority is hereby conferred upon said 
 industrial accident commission to enforce by appropriate orders and processes the pro- 
 visions of this act. The written report required by section two hereof when made by a 
 common carrier by rail shall be filed with the railroad commission. All other written 
 reports required by section two hereof shall be filed with the industrial accident 
 commission. [Amendment of April 6, 1917. In effect July 27, 1917. Stats. 1917, 
 p. »3.] 
 
 Penalty. 
 
 $ 6. Every employer neglecting or failing to render or file the report required by 
 section two of this act is guilty of a misdemeanor and is punishable by a fine not less 
 than one hundred dollars or more than two thousand dollars for each offense. 
 
 VOCATIONAL RE-EDUCATION AND REHABILITATION. 
 ACT 2784 — An act to provide for the support of vocational re-education and rehabili- 
 tation of workmen disabled in industry in this state, and to create a fund for these 
 purposes to be known as the "industrial rehabilitation fund" by fixing an additional 
 liability upon all employers liable under said act in cases where employees receive 
 fatal compensable injury and leave no dependents. 
 
 History: Approved May 2, 1919. In effect July 22, 1919. Stats. 1919, 
 p. 273. 
 
 "Industrial rehabilitation fund" created. 
 
 $ 1. Whenever any fatal compensable injury is suffered by any employee coming 
 under the provisions of said compensation, insurance and safety act and such deceased 
 employee does not leave surviving him any person entitled to a death benefit, the 
 employer, or his insurance carrier, if he be insured under said compensation act, shall 
 pay into the treasury of the state of California the sum of three hundred fifty dollars 
 for each such fatal injury in addition to any other payments under the provisions of 
 said compensation act; provided, that the total pajrments shall not exceed three times 
 the average annual earnings of said deceased employee. Said moneys paid into the state 
 treasury under the provisions of this section shall be covered into a special fund to be 
 known as the "industrial rehabilitation fund," which fund is hereby created and 
 appropriated for the purposes set forth in this act. 
 
 Purpose. 
 
 § 2. The industrial accident commission may draw upon said fund for the promotion 
 of vocational re-education and rehabilitation of persons disabled in industry in this 
 state, in addition to any other money appropriated for such purposes. The controller 
 is hereby ordered to draw his warrant on said fund from time to time in accordance
 
 Act 27S4, g§ 3-6 GENERAL, LAWS. 1686 
 
 with the direction of the commission, and the treasurer is hereby authorized and 
 
 directed to pay the same. 
 
 Disposition of remainder. 
 
 $ 3. The treasurer shall place the remainder, if any, of the fund, after making the 
 payments required by the preceding sections of this act, semi-annually, to the credit 
 of the accident prevention fund, established by said compensation act. 
 
 Revolving fund. Expense of administration. 
 
 § 4. As soon as the sum of five thousand dollars shall have accumulated in said fund, 
 the treasurer shall, upon the order of the industrial accident commission, deposit the 
 same with the state compensation insurance fund as a revolving fund. The state com- 
 pensation insurance fund shall, upon the order or award of the industrial accident 
 commission, make the payments required by sections two, three and four from said 
 revolving fund, accounting therefor to the state board of control as in other cases, and 
 the state treasurer shall from time to time, upon the order of the commission, reim- 
 burse said state compensation insurance fund from the industrial rehabilitation fund 
 for expenditures made from said revolving fund. The reasonable expense of adminis- 
 tration of the said state compensation insurance fund in carrying out the duties imposed 
 by this act shall, upon the auditing and approval thereof by the state board of control, 
 be paid from said industrial rehabilitation fund in the same manner as is provided in 
 this section for other payments. The controller is hereby directed to draw his warrant 
 from time to time in favor of the state compensation insurance fund in accordance 
 with the direction of said commission, and the treasurer is hereby authorized and 
 directed to pay the same. 
 
 Proceedings to collect amount or determine liability. If claim of dependency estab- 
 lished. 
 
 $ 5. If any proceedings are necessary to collect from any employer the amount men- 
 tioi<ed in the preceding section, or to determine the liability of any employer under 
 said compensation act with respect to said amount, such proceedings shall be instituted 
 before the industrial accident commission of its own motion or by the attorney general 
 on behalf of the people of the state of California and such proceedings shall be tried 
 and determined in the same manner and with the same effect as any other proceeding 
 to collect compensation; provided, that if proceedings be instituted by any other per- 
 son to collect benefits under the compensation act on account of such fatal injury, the 
 commission may, if it finds said sum of three hundred fifty dollars payable to the state 
 treasurer, award said sum to the state of California without the people of the state of 
 California being a party to said proceedings; and provided, further, that if said sum 
 of three hundred fifty dollars shall be paid into the treasury and at any time thereafter 
 any person claiming to be a dependent of the deceased employee shall establish such 
 dependency and secure an award therefor, the commission may make an award against 
 the state of California in favor of said dependent for said sum of three hundred fifty 
 dollars, or as much thereof as may be necessary to meet the claim of such dependent, 
 said sum to be applied to said death benefit and to relieve to that extent the employer 
 or his insurance carrier against liability therefor. 
 
 Authority of industrial accident commission. 
 
 § 6. The industrial accident commission of the state of California is hereby vested 
 with full jurisdiction and authority to hear and determine any and all questions and 
 controversies arising under this act and to make and enter all orders and awards nec- 
 essary to carry out the purposes herein set forth. 
 
 MATERNITY HOSPITALS. 
 See tit. "Charities and Corrections.*^'
 
 UC SOUTHERN REGIONAL LIBRARY FACILITY 
 
 AA 000 88- 
 
 296